Virus cases break half-million mark; health workers needed
COVID-19 infections in the Philippines breached the half-million mark Sunday as the Department of Health (DOH) reported 1,895 new cases, bringing the total to 500,577 infections since the pandemic began......»»
Masking, lockdown not needed for rising pertussis cases – DOH
Despite the alarming increase in pertussis cases in the country, an official of the Department of Health said there is no need for a lockdown or mandatory wearing of face masks......»»
Philippines logs 40 pertussis deaths this year
MANILA, March 28 (Xinhua) -- Forty children have died of whopping cough, a respiratory infection also called pertussis, since this year, the Philippines' Department of Health (DOH) has reported. The DOH said in a statement on Wednesday that cases have continued to increase since the start of this year, recording 568 cases from Jan. 1 to March 16. "The total number of cases for the same period in 2023 was.....»»
Pertussis or whooping cough: 40 child deaths so far this year – DOH
MANILA, Philippines — Assistant Health Secretary Albert Domingo reported on Wednesday that as of March 16 this year, some 40 children had died of whooping cough — a respiratory infection also called pertussis. An increase in new pertussis cases nationwide had been observed nationwide, with 28 cases reported from March 10 to 16. READ: What.....»»
Double pay for workers reporting on Holy Week
Workers nationwide may opt to enjoy a long holiday break or hefty pay this Holy Week......»»
UAAP volleyball enters break amid wide-open semis race
It’s the calm before the storm as teams embark on a much-needed pause ahead of an expected all-out race to the UAAP Season 86 volleyball tournaments Final Four......»»
Kids advised to wear masks
People, especially children, have been advised to wear face masks as a form of protection after the Department of Health (DOH) sounded the alarm over the rising cases of pertussis or whooping cough in the country......»»
Agoda Unveils Asia’s Top 9 Nature Destinations
To mark the launch of Eco Deals 2024, Agoda’s flagship US$1 million partnership with the World Wide Fund for Nature (WWF), the digital travel platform has compiled a list of some of Asia’s favored nature destinations across Asia, based on searches made on Agoda in January 2024. Enric Casals, Vice President of Southeast Asia, Agoda, […].....»»
Romualdez, Villarica break ground for NCMH facility
A mental health facility for women and children has been inaugurated in Mandaluyong City......»»
Xinhua world economic news summary at 0900 GMT, March 18
BEIJING -- Global new energy passenger car sales are predicted to exceed 39 million units by 2030, said a report obtained during the China EV100 Forum 2024 concluded Sunday in Beijing. That will mark a penetration rate of almost 50 percent, rising from the nearly 20 percent in 2023 with the sales of over 13 million units, according to the report issued by China EV100, a new energy vehicle (NEV) industry think ta.....»»
Fools in suits
When a ranking Department of Agriculture official was asked in a recent Congress hearing what steps the agency had taken to break the rice cartel, he replied that he did not believe that a “mafia” existed. Coming from a high DA official, the statement revealed that nothing was being done to stop the syndicate that everyone in the industry knows about since, to the authorities, it does not exist. In the reenacted Anti-Agricultural Smuggling Act of 2016, smuggling, hoarding, profiteering, and forming cartels for agricultural and fishery products are considered economic sabotage and are non-bailable offenses for which a long jail term could be meted out. The strengthened law, however, lacks strong teeth against government officials who are in cahoots or protect the syndicates. Contained in the proposed bill is a provision indicating that any government officer or employee found to be an accomplice in the commission of the crime will “suffer the additional penalties of perpetual disqualification from holding public office, exercising the right to vote, from participating in any public election, and forfeiture of employment monetary and financial benefits.” The bill is pending in both houses of Congress. With the slow grind of justice in the country, a public official looking for a fast buck will not hesitate to risk his job in exchange for a huge payback. The recent series of events showed the markets are being manipulated by the big players in the sugar, vegetable and rice businesses. These syndicates are known to be deeply entrenched due to their connections with government bigwigs who facilitate their domination of the markets either through edicts or the use of public resources. In the most ridiculous situation, the recent spike in onion prices was found to be artificial since farmers were even throwing away their harvests because of low farmgate prices, thus there was no reason for prices to surge. Later, it was exposed in a congressional hearing that a cartel had succeeded in manipulating the onion market to create a condition that would require its importation, from which its members would make a killing. The warehouse and storage facilities are controlled by the mafia which makes it easy to create artificial conditions to which the market reacts by raising retail prices. The ultimate goal is to coax the government to allow importation from suppliers in overseas markets that are also flooded with the commodity, The cartel rakes in profits from both the high markup and the kickbacks from the overseas suppliers desperate to sell their surplus. The woeful victims are the Filipino farmers whom the cartel boxes out of the market. In extreme cases, these farmers just throw away their harvest since they cannot afford to transport their products without the middlemen who are also in the pocket of the cartel. The same goes for the rice industry, where the market was manipulated for a different reason, which was to kill the rice tariffication law that kicked the National Food Authority out of the import business. Rice prices then surged to as high as P56 a kilo, which pushed President Ferdinand Marcos Jr. to impose price ceilings. The NFA used to have a monopoly on importation, but that resulted in acrimonious confrontations at the apex of government. The tariffication law, in turn, opened importation to all grain traders and relegated the NFA to buying rice from local farmers. Under the new anti-smuggling bill which has the endorsement of Mr. Marcos, an Anti-Agricultural Economic Sabotage Council headed by the President or his designated permanent representative will be formed. The proposed body will have the power to investigate and file charges, as well as freeze violators’ funds, properties, bank deposits, placements, trust accounts, assets and records. The creation of the body looks good on paper but in the real world, it might just add another layer of bureaucracy and source of corruption unless the cartel, which DA officials claim does not exist, is dismantled. Chief Presidential Legal Counsel Juan Ponce Enrile has a simple solution for breaking the cartel, which is for the government to confiscate all the rice overstock and let the owners of the warehouses prove that their huge inventory is legitimate. Such a move would prompt the traders to release more rice into the market to avoid confiscation. The imposition of the price cap on rice indicated that the prices are artificial since the markets are now selling at lower than the manipulated prices despite conditions being constant. An expected bumper harvest is also prompting the prices to go back to normal, after the attempt of the cartel to create a price shock to support their effort to return to the old ways. To know the real situation, President Marcos goes out of his way to see what is on the ground. His underlings, particularly at the Department of Agriculture, should do better. The post Fools in suits appeared first on Daily Tribune......»»
Is this Ricci Rivero with a new girl?
Is this another "Time is the ultimate truth-teller" moment? X/twitter user @slayramonaaa seems to have gotten a snap of Ricci Rivero and what many people believe is rumored side-chick-turned-main-squeeze Leren Mae Bautista, beauty queen and Los Baños councilor, shopping at a Miniso. The two were easily recognized by eagle-eyed shoppers even with their masks on, in the plushies section. Fingers pointed to Bautista as the cause of the break-up scandal between Andrea "Blythe" Brillantes and Ricci Rivero several months ago, which the beauty queen/councilor vehemently denied in a statement on social media. Brillantes would later say there were multiple cases of infidelity on Rivero's part, and she never identified the girl she alleges she saw in Rivero's room and took photos of, which subsequently went viral. The post Is this Ricci Rivero with a new girl? appeared first on Daily Tribune......»»
Trump indicted for racketeering over 2020 election interference
Donald Trump was indicted Tuesday on charges of racketeering and a string of election crimes after a sprawling, two-year probe into his efforts to overturn his 2020 defeat to Joe Biden in the US state of Georgia. The case -- relying on laws typically used to bring down mobsters -- is the fourth targeting the 77-year-old Republican this year and could lead to a watershed moment, the first televised trial of a former president in US history. Prosecutors in Atlanta charged the Republican leader with 13 felony counts -- compounding the legal threats he is facing in multiple jurisdictions as a firestorm of investigations imperils his bid for a second White House term. Eighteen co-defendants were indicted in the probe, including Trump's former personal lawyer Rudy Giuliani, who pressured local legislators over the result after the election, and Trump's White House chief of staff, Mark Meadows. "Trump and the other defendants charged in this indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump," the indictment read. "That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the state of Georgia, and in other states." With Trump already due to go on trial in New York, south Florida and Washington, the latest charges herald the unprecedented scenario of the 2024 presidential election being litigated as much from the courtroom as the ballot box. The Trump campaign released a statement as the charges were being processed calling Fulton County's chief prosecutor Fani Willis, who is a Democrat, a "rabid partisan" who was "persecuting" the former president with "bogus indictments." The twice-impeached Trump was charged with violating Georgia's Racketeer Influenced And Corrupt Organizations (RICO) Act, as well as six conspiracy counts over alleged efforts to commit forgery, impersonate a public official and submit false statements and documents. He is also accused of lying in statements and filing fake documents, as well as soliciting public officials to break their oaths. - Most serious threat - Georgia, which Biden won by fewer than 12,000 votes, presents perhaps the most serious threat to Trump's liberty as he leads the field comfortably for his party's nomination to bid for reelection. Even if he is returned to the Oval Office, he would have none of the powers that presidents arguably enjoy in the federal system to pardon themselves or have prosecutors drop cases. The harsh penalties associated with RICO cases can be an incentive for co-defendants to seek cooperation deals, and the statutes are usually used to target organized crime. Under federal law, anyone who can be connected to a criminal "enterprise" through which offenses were committed can be convicted under RICO. The broader Georgia law doesn't even require the existence of the enterprise. Atlanta-area authorities launched the probe after Trump called Georgia officials weeks before he was due to leave the White House, pressuring them to "find" the 11,780 votes that would reverse Biden's victory in the Peach State. Meadows, who is accused of trying to get a public official to violate his oath, was on the call. Willis empaneled a special grand jury that heard from around 75 witnesses before recommending a raft of felony counts in a secret report in February. She alleges that Trump's team worked with local Republicans on a scheme to replace legitimate slates of "electors" -- the officials who certify a state's results and send them to the US Congress -- with fake pro-Trump stand-ins. - Criminal intent? - Giuliani, who faces 13 felony counts, was being investigated over accusations of harassment of two Fulton County poll workers while other Trump allies were charged over the accessing of sensitive data from an election office in a rural county south of Atlanta, one day after the 2021 Capitol riot. Trump is already facing dozens of felony charges after being federally indicted over the alleged plot to subvert the election, and further prosecutions over his alleged mishandling of classified documents and keeping allegedly fraudulent business records. Authorities in Atlanta installed security barricades outside the downtown courthouse in anticipation of a potential influx of Trump supporters and counter-protesters in the latest case. Lawmakers investigating Trump's efforts to cling to power heard evidence in a series of congressional hearings last summer that would challenge his potential defense that he genuinely believed he had been cheated of the election. ft/sst © Agence France-Presse The post Trump indicted for racketeering over 2020 election interference appeared first on Daily Tribune......»»
Thousands flee Greek island fires as southern US swelters
Around 30,000 people were moved to safety on the Greek island of Rhodes where a wildfire burned on Saturday, while people in the southern United States struggled under a record-breaking heatwave. Tens of millions of people have been suffering through intense heat this summer and the world looks set for its hottest July on record. As temperature records tumble, experts have pointed to climate change driven by the burning of fossil fuels, arguing that global warming is playing a key role in the devastating heat. On the Mediterranean island of Rhodes, where a wildfire has been blazing for days, boats carried 2,000 people to safety from beaches in the east of the popular tourist island. Greek fire service spokesman Vassilis Varthakogiannis told Skai TV: "This is not a fire that will be over tomorrow or the day after tomorrow. It'll be troubling us for days." Three coastguard ships led more than 30 private vessels in the evacuation, while a Greek navy boat was heading to the area. Island officials arranged for dozens of buses to take people to safety, but where fires had cut off road access, others had to walk. Authorities have opened up gyms, schools and hotel conference centers to serve as makeshift accommodation, while firefighters battle the blaze. In Athens, the foreign ministry said it had activated its crisis management unit to facilitate the evacuation of foreign citizens due to the ongoing forest fires. Greece is fighting dozens of forest fires 11 days into a heatwave that has seen temperatures soaring above 40 Celsius (104 Fahrenheit). Meteorologists have warned it could be the longest hot spell the country has ever seen. - 80 million Americans sweltering - Across the southern United States, about 80 million Americans will swelter in temperatures of 41C and above this weekend, the National Weather Service said. The southwestern city of Phoenix, Arizona hit 46C on Saturday, extending a record-breaking streak to 22 consecutive days of highs above 43C. Tourists have been flocking to Death Valley National Park, which straddles California and Nevada, to post selfies with a temperature display outside the visitor centre. Many are hoping to see it break a world record of 56.7C, which was set in July 1913 but was likely the result of a faulty measurement, according to several meteorologists. Further north, in Canada, which has been suffering wildfires that left Montreal blanketed in smog, torrential rain hit the eastern province of Nova Scotia, cutting off roads and threatening to burst a dam. Four people were reported missing, including two children who had been in a car engulfed by flood waters. Meanwhile, nearly 1,000 active wildfires were burning across Canada, with 11.3 million hectares scorched this season by the deadly blazes. Across the border in the US state of Washington, a wildfire burned more than 12,000 hectares (30,000 acres) in less than a day. - Hottest month - July 2023 is on track to be the hottest month -- not only since records began, but also in "hundreds, if not thousands, of years", said leading NASA climatologist Gavin Schmidt. The effects cannot be attributed solely to the El Nino weather pattern, which "has really only just emerged" and isn't expected to strengthen until later in the year, he added. El Nino is associated with the warming of ocean surface temperatures in the central and eastern Pacific Ocean. Schmidt said the trend of extreme heat was expected to persist, "and the reason why we think that's going to continue, is because we continue to put greenhouse gases into the atmosphere". The exceptional temperatures in Greece also meant key tourist sites such as the Acropolis closed during the hottest part of the day. A 46-year-old man was reported to have succumbed to heatstroke on the central Greek island of Evia after being admitted to Chalkida hospital. Staff there said cardio-respiratory failure following exposure to high temperatures appeared to have been the cause. Emergency health officials told the state broadcaster they had admitted at least 38 heatstroke patients in the last three days, while hospitals were also seeing cases of fainting and other heat-related conditions. Greece is just one of many countries battling a prolonged spell of extreme heat around the globe in recent days. burs/jj/acb © Agence France-Presse The post Thousands flee Greek island fires as southern US swelters appeared first on Daily Tribune......»»
Harnessing technology for a just society
As a proud Filipino who believes in the power of justice, Independence Day is a time to reflect on the values that define our nation. In our pursuit of a fair and equitable society, it is essential to explore innovative solutions that can address the challenges within our justice system. One such solution lies in the transformative potential of technology. On this auspicious occasion, let us envision a future where technology catalyzes justice, empowering our nation and ensuring equal access to legal services for all. Technology has the remarkable ability to break down barriers and bridge gaps, making it a powerful tool for achieving justice for all Filipinos. In a country with diverse geographical landscapes and varying socioeconomic conditions, digital advancements can play a pivotal role in providing accessible legal services. Through the use of digital platforms, we can enhance access to legal information, simplifying complex processes and empowering individuals to navigate the legal system with ease. Online resources, such as legal databases and interactive guides, can educate citizens about their rights and responsibilities. Furthermore, virtual legal clinics and teleconferencing facilities can enable remote consultations, ensuring that legal advice reaches even the most remote corners of our nation. The adoption of technology can also streamline court proceedings, addressing issues such as backlogs and delays. Electronic filing systems can expedite the processing of cases, reducing paperwork and administrative burdens. Additionally, digital courtrooms equipped with audio-visual technology can facilitate remote hearings, saving time and resources for both the courts and litigants. Furthermore, technology can aid in the efficient management of case records and data, enabling judges and lawyers to access relevant information swiftly. Advanced data analytics can help identify patterns, prioritize cases, and enhance decision-making, ultimately leading to a more efficient and effective justice system. Technology has the potential to foster transparency and accountability within our justice system. Online platforms for case tracking and updates can provide real-time information to litigants and the public, promoting transparency and trust in the judicial process. Furthermore, digital platforms can facilitate the collection and analysis of data on court outcomes, enabling policymakers to identify trends, assess the performance of the justice system, and make evidence-based reforms. Moreover, the use of blockchain technology can enhance the security and integrity of legal documents and transactions, safeguarding against tampering or manipulation. This ensures the preservation of accurate records and strengthens the trust between the justice system and citizens. As we commemorate Independence Day, let us embrace the potential of technology as a catalyst for justice in the Philippines. By harnessing digital advancements, we can create a justice system that is more accessible, efficient, and transparent. Technology can bridge gaps, empower individuals, and revolutionize court processes, ultimately ensuring equal access to justice for all Filipinos. However, while technology offers immense possibilities, its implementation must be accompanied by adequate infrastructure, digital literacy programs, and data protection measures. Collaboration between government institutions, legal professionals, and technology experts is essential to navigate the challenges and leverage the full potential of technology for a just society. On this momentous occasion, let us envision a future where technology and justice intersect, allowing our nation to take bold strides toward a fair, equitable, and digitally empowered Philippines. The post Harnessing technology for a just society appeared first on Daily Tribune......»»
Ablan: Resignation nothing to do with Rappler report
An official of the Department of Education on Friday broke his silence on a malicious report published by Rappler alluding to him as one of the officials who resigned over a messy laptop deal contracted by officials in the previous administration. Atty. Michel Kristian Ablan, DepEd Undersecretary for Administration, told the Daily Tribune that he relinquished his post on 28 April for personal reasons, contrary to a Rappler report that he quit from his post, along with Assistant Secretary Christopher Lawrence Arnuco, due to the laptop fiasco. “It (resignation) had nothing to do with the laptop or Transpac reports of Rappler. In due time, I will answer point by point the issues raised by those reports in order to clear my name,” Ablan said. He added that as a Career Executive Service officer or CESO, he will be transferring to the CESO pool of the Career Executive Service Board. In a Facebook post on Friday, Ablan clarified that he was not the one who entered into the laptop contracts. “I don’t know why it’s being linked to me. These contracts were entered into by the previous DepEd Admin,” his post read. Rappler’s two-part report published on 1 and 2 May showed Transpac’s letter dated 18 November 2022 addressed to Ablan, demanding P34.5 million payment for the controversial laptops. The Senate, in January, released its Blue Ribbon committee report on the overpriced and outdated laptop procurement through the Procurement Service of the Department of Budget and Management during the COVID-19 pandemic in 2021, a year before Ablan joined DepEd. Ablan is a former Undersecretary for Administration and Finance at the Presidential Communications Operations Office and concurrent Program Director of the Freedom of Information. The result of the five hearings of the Senate Blue Ribbon Committee showed that the contract for the supply and delivery of laptops for public school teachers under the 2021 DepEd Laptop for Teachers Procurement Project was overpriced by at least P979 million. Aside from administrative cases, the committee also recommended the filing of graft, falsification of public documents, and perjury charges against the following officials: • Former DepEd Undersecretary Alain del B. Pascua; • DepEd Undersecretary Annalyn M. Sevilla; • Former DepEd Assistant Secretary Salvador C. Malana III; • Director Abram Y.C. Abanil; • Former PS-DBM OIC executive director Lloyd Christopher Lao; • Former PS-DBM OIC executive director Jasonmer L. Uayan; • Bids and Awards Committee Chairman Ulysses E. Mora; • Engineer Marwan O. Amil; and • Other members of the Special Bids and Awards Committee I and SBAC technical working group and secretariat of DepEd or PS-DBM. Ablan, on 22 November 2022, invited DepEd computer suppliers to a dialogue at Oranbo Elementary School in Pasig City, reminding them to adhere to the agreed technical specifications of items, rather than focus on the color and other non-technical aspects of the laptop. Wanting to provide the best that the DepEd budget can afford for its learners, he told suppliers that there has to be a way for the Department to ensure that the laptops are in good running condition for at least three years. "We have laptops that break in less than two years. So that's my one concern. I want, when you say there is a service center when you brag that you have a mobile repair unit, make sure that you really have a mobile repair unit," Ablan was quoted as saying during the dialogue. The post Ablan: Resignation nothing to do with Rappler report appeared first on Daily Tribune......»»
Gov’t studying bringing back pre-pandemic school calendar — Marcos
The government is looking into reverting the start of the school year's break back to March, President Ferdinand Marcos Jr. revealed on Monday. Marcos bared the plan in an online interview after the COVID-19 pandemic made the government move the summer school break from July to August. When asked if the government would change the summer break from June to July to March, Marcos said it would release its decision on the plan to change the summer break "very soon." "We are carefully studying the matter because many people are saying that it's okay to lift the restrictions since the lockdown is already over. Most schools have already resumed face-to-face classes, with only a few exceptions," Marcos said. "We have to consider the seasonal changes because that is a challenge when deciding whether to lift or not, as it is difficult to predict when the rainy season will start or when it will become hot," Marcos explained. With the hybrid system the government is implementing, which involves a combination of online and in-person classes, Marcos said many students are eager to attend their classes. However, Marcos mentioned that the slight increase in COVID-19 cases in certain areas should also be considered. Marcos further noted that the World Health Organization still considers Covid-19 a health emergency. Earlier reports indicated that the organization would review whether to lift the declaration of COVID-19 as a "public health emergency of international concern" during their meeting in May. The post Gov’t studying bringing back pre-pandemic school calendar — Marcos appeared first on Daily Tribune......»»
Unclean hands doctrine
In civil cases, defendants often invoke an affirmative defense — the clean hands or unclean hands doctrine. Also dubbed as the dirty hands doctrine, this legal principle states that he who comes into equity must come there with clean hands. In the same vein, when a person is deemed to have committed inequity concerning the controversy in the issue, courts must deny relief in favor of the said person. The doctrine is anchored on maintaining the integrity of the legal system such that litigants will be precluded from using courts to gain an advantage over another party. While proceedings for the declaration of nullity of marriage based on psychological incapacity (Article 36 of the Family Code) is civil in character, the doctrine of unclean hands may not be invoked to oppose the petition. Even the psychologically-incapacitated spouse is, therefore, not precluded from filing a petition for a declaration of nullity of marriage. In the recent case of Clavecilla v. Clavecilla (G.R. No. 228127, 6 March 2023), the respondent wife opposed her husband’s petition to declare their marriage null and void due to psychological incapacity. She raised that the petitioner husband merely sought the annulment of their marriage because of an extramarital affair and that her husband wanted to legitimize his relationship with his lover. The wife argued that the husband should not be allowed to benefit from his own misdeed. For that, the wife insisted that her husband should not be allowed to break free from the marriage bond. The Supreme Court dismissed the suggestion that the doctrine of unclean hands applies in seeking the nullity of marriage on the ground of psychological incapacity. There is no party at fault when the ground is psychological incapacity. If a person is incapacitated to fulfill his or her marital obligations, the Supreme Court opined that said incapacity is not deliberate or intentional on the spouse’s part to possess such a personality trait. Without such deliberate intent or bad faith, it cannot be said that inequity exists in a marriage sought to be annulled due to psychological incapacity. Since the doctrine of unclean hands applies to cases of equity, it cannot be invoked in Article 36 cases. The case of Clavecilla also highlighted that the filing of the petition is not limited to the person not suffering from psychological incapacity at the time of marriage. Effectively, either spouse may initiate the petition and invoke his or her own psychological incapacity or that of the other spouse or both. It is sufficient that the petition contains specific allegations of the incapacity of the spouse to comply with the essential marital obligations at the time of the marriage. However, a spouse, who seeks to declare their marriage void based on the psychological incapacity of one spouse or both, should bear in mind that the allegations against the psychologically incapacitated spouse must point to an inability to assume basic marital obligations. The mere difficulty, refusal, and neglect in performing marital obligations or even will not suffice. In proving psychological incapacity, the Supreme Court had previously clarified that actual medical examination of the spouses need not be resorted to. The courts will consider the totality of the evidence presented by the person claiming the existence of psychological incapacity. As such, litigants may present evidence other than the testimony of an expert. At any rate, expert testimonies, while not indispensable, may still be used to establish the existence of a condition that suggests the inability of a spouse to comprehend his marital obligations. These obligations include living together, observing mutual love, respect, and fidelity, rendering mutual help and support, fixing the family domicile, supporting and managing the household (Article 68 to 71, Family Code.). As it was not shown that the husband’s condition impaired his ability to discharge these obligations, the validity of the marriage was upheld. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Unclean hands doctrine appeared first on Daily Tribune......»»
Jekyll and Hyde
The government’s chief lawyer tried to bring to the attention of the Court of Appeals, or CA, the perplexing or even disturbing situation where two of its divisions issued conflicting resolutions on two identical cases. Brought before the CA were the opposition of two San Miguel Corp. arms for its South Premiere Power Corp. or SPPC and San Miguel Energy Corp. or SMEC to the Energy Regulatory Commission’s junking of petitions to suspend power supply agreements with Meralco. Both have straight-pricing PSAs that restrict pass-through of costs to monthly bills that SMC said tied up its generating companies to mounting losses from, in the case of SMEC, higher costs of coal and, in the case of SPPC, the supply restrictions due to the depleted Malampaya natural gas field. Solicitor General Menardo Guevarra, in his partial motion for reconsideration ad cautelam, cited that while the CA’s 16th Division has been circumspect, the CA’s Thirteenth Division has “exhibited apparent prejudgment.” To put things in context, the 16th Division denied SMEC’s petition for a temporary restraining order on ERC but the 13th Division issued both TRO and writ of preliminary injunction or WPI in favor of SPPC. Guevarra’s motion indicated that injunctive relief is issued to preserve the status quo and not to impose new conditions. He quoted the 16th Division that ruled “the status quo, in this case, is maintaining the Contract Price as stated in the Power Supply Agreement.” The court then discussed the rationale for denying SMEC’s prayer for the issuance of TRO and/or WPI. “To emphasize, the writ of injunction, if granted, will not serve its purpose, since it will have the effect, not of maintaining the contract price, but of setting aside the assailed order itself, thereby rendering the main case, the petition for certiorari, moot,” the 16h Division said. The WPI will also give the petitioner unrestricted power to terminate, at its own will, the Power Supply Agreement to the detriment of the public consumers, according to the ruling. Contrary to what SMC has been pointing out that it had no intention of canceling its contract with Meralco and that what it sought is a temporary relief, Guevarra said immediately after SPPC posted the bond required for the TRO that the 13th Division granted, it went on to “unilaterally, in clear violation of the exhaustion and prior recourse remedies in the PSA, cease the supply of electricity to private respondent Meralco. “No less than the parent firm, SMC, announced the immediate cessation of the PSA (between SPPC and MERALCO) on its website on 7 December 2022,” he added. The press statement titled “ERC rejection of ‘least cost’ option forces SMC to cease supplying power to Meralco under Ilijan PSA” sought to place the blame on the regulator for the turn of events. The sudden withdrawal of the Ilijan plant from the supply of electricity forced Meralco to seek alternative sources more expensive — the Wholesale Electricity Spot Market and emergency PSAs. Despite the conflicting decisions, the CA still granted SMC’s petition to consolidate both cases under the 13th Division which acted favorably to the company. The act of moving for consolidation of the two cases came “only after SPPC obtained a favorable ruling from the Honorable Court’s 13th Division is a mere afterthought and a circumvention of the proscription on forum shopping,” Guevarra stressed. He explained that “forum shopping is not only limited to instances where identical reliefs founded on the same facts and/or subject matter are sought from different fora and/or tribunal.” Cited as a precedent was a Supreme Court decision “that forum shopping exists when two purportedly different actions were filed with the Court of Appeals and assigned to two different divisions, thereof.” SMC came out as a clear winner in the CA’s moves despite the regulator’s ruling on the simple and basic premise that parties to a contract should honor its terms. The indefinite WPI implies that the court became vested with the omnipotence to break commitments under a contract that is sacred in the business world lest investor confidence is lost. The post Jekyll and Hyde appeared first on Daily Tribune......»»
Teachers’ group lauds DepEd move
The Teachers’ Dignity Coalition on Friday acknowledged the action taken by the Department of Education in response to the constant cries of teachers and children to consider the extreme heat and suspend face-to-face classes. This as the Education department released a memorandum signed by Assistant Secretary Francis Bringas which reiterated the agency’s policy “to suspend in-person classes and implement modular distance learning in cases of unfavorable weather and environment such as, but not limited to, extremely high temperatures which may considerably affect the conduct of classroom learning and put the learners’ health and wellbeing at risk.” The DepEd issued the memorandum after some school children fainted in Laguna and Mindoro recently due to the extreme heat. Groups of teachers and even parents call for DepEd to return to the old school calendar. “It will take at least 4 years to gradually return to the old school calendar where the months of April and May are designated as school breaks, for now the alternative methods that can be used are shortened teaching time and modular and online learning,” said TDC national chairperson Benjo Basas. He also acknowledged the issuance of such a memorandum but stressed that returning to the old academic calendar would require adjustments which could take years to implement, while the suffering of teachers and students is felt in real-time. “A more strategic approach is needed, for example, a lower-class size of no more than 25 students, more stable classrooms designed for student comfort and provision of electric fans or even air -conditioning system. Certainly, we will need funds and policies to implement such,” Basas said. The group reiterated that public school teachers have the right to a two-month school break that could be compromised if DepEd immediately reverts to the old system. It cited DepEd Order 34, s. 2022, which sets the August opening of the school calendar for the 2022-2023, 2023-2024 and 2024-2025 school years. The post Teachers’ group lauds DepEd move appeared first on Daily Tribune......»»
New cases break downtrend in 7 Metro Manila cities& mdash;DOH
The declining COVID-19 case trend in seven Metro Manila cities has reversed after they posted a rise in cases over the last two weeks, the Department of Health (DOH) said Tuesday......»»