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CURRENT EVENTS

(January-August 15, 2007) years.

JANUARY
EXTRAJUDICIAL KILLINGS

MELO COMMISSION
2007-02-02: All for naught AMANDO DORONILA - The centerpiece of the Melo Commission report on the wave of extrajudicial killings is the recommendation that retired Maj. Gen. Jovito Palparan and other military commanders be held responsible for the executions in their areas of assignment under the doctrine of command responsibility. 2007-01-31: Santiago: Melo panel cant invoke command responsibility MANILA, Philippines -- The Melo Commission cannot invoke command responsibility in finding retired Maj. Gen. Jovito Palparan and other military commanders culpable for the killing of leftist activists in their respective areas during their tours of duty, Sen. Miriam Defensor-Santiago said yesterday.
Santiago: Melo panel cant invoke command responsibility The Melo Commission cannot invoke command responsibility in finding retired Maj. Gen. Jovito Palparan and other military commanders culpable for the killing of leftist activists in their respective areas during their tours of duty, Sen. Miriam Defensor-Santiago said yesterday. Santiago, an expert in constitutional and international law, said the cases were only a domestic situation involving armed conflict and not a world war, where a tribunal could easily apply the principle of command responsibility. She said it was also against the rules of criminal procedure. Its very easy to say, Well, lets just identify who were the ultimate command at that time and lets make him assume criminal responsibility. But that is not going to be a fair result. First, you have to prove that he knew and then he gave his consent, whether expressed or tacit, Santiago said, adding: They will have to prove first that there was conspiracy between General Palparan and whoever was the individual soldier or group of soldiers that apparently carried out the atrocities before you can even include him in the charge sheet. Nuremberg Santiago said the principle of command responsibility was first invoked in Nuremberg, at the international military tribunal in Germany in which Nazi leaders were prosecuted by Britain, France, Russia and the United States after World War II. The idea was to punish the leaders, particularly the generals, responsible for the atrocities of their men during the war. Santiago said the doctrine of command responsibility laid down by the Nuremberg Tribunal did not necessarily produce a just result in a case of armed conflict within the civilians of the same community. To make a blanket statement that since there was only one general, that general will have to assume responsibility for anything that his men committed, whether he knew or approved of it, is not allowed by the Rules of Court, she said. It was not a war situation, it was not a battle situation. It was more of what they call in international law a situation of armed conflict, she added. Santiago also said it was neither a case of states fighting each other, in which case command responsibility is necessary so that the victor can ensure that the vanquished state will never do it again. She said there should be a more thorough inquiry into the matter by the National Bureau of Investigation. But she admitted that this would take

2007-01-31: Rebels: 'Melo report covers up gov't policy on killings' MANILA, Philippines -- By linking only retired Army general Jovito Palparan and other unnamed officers to extrajudicial killings, communist rebels said the Melo Commission was covering up for the "direct responsibility" of President Gloria Macapagal-Arroyo and her top security officials for the bloodshed.

GOVERNMENT ACTION AND SUPPORT 2007-01-30: Palace orders wider probe of military in political slays MANILA, Philippines -- President Gloria Macapagal-Arroyo on Tuesday ordered a broader, inter-agency investigation into the involvement of state security forces in the unabated killing of activists and journalists in the country.
2007-01-30: Palparan cant be held liable for slays -police task force MANILA, Philippines -- Refuting the findings of the Melo Commission, which was created to look into the wave of extrajudicial killings in the country, a special police unit tasked with the same mission said retired Army general Jovito Palparan cannot be held liable for the bloodshed. 2007-01-29: Coincidence or plan? EDITORS NOTE: Reposting In the Know from the October 4, 2005 issue of the Philippine Daily Inquirer that gives background on the killings of activists in areas where Army units commanded by controversial retired general Jovito Palparan operated.

INTERNATIONAL ACTION AND SUPPORT 2007-01-27: Dutch lawyers score continued killings of RP colleagues MANILA, Philippines -- A Dutch lawyers group scored the governments failure to stop the continued extrajudicial killings in the country, particularly of judges and lawyers, saying it cast doubt on whether the situation in the Philippines can still be considered a democracy based on the rule of law.
2007-01-27: Various groups involved in extra-judicial killings -- bishop MANILA -- The military, leftist groups, and private "goons" of politicians were all involved in a rash of politically motivated murders in the Philippines, a member of a government probe body said Saturday. 2007-01-18: 2006 bloodiest year for journalists, says group MANILA, Philippines -- The Philippines has again been tagged as the second deadliest country for journalists, next to war-torn Iraq, as 2006 made its mark as "the bloodiest year on record for journalism worldwide," with at least 155 killed and 22 more dying in accidents, an international media organization said.

KILLINGS 2007-01-30: Another Bayan leader killed Tacloban City Another member of the militant Bayan Muna died after he was shot on Monday morning in Catbalogan, Samar.

CURRENT EVENTS
(January-August 15, 2007)

2007-01-19: Former broadcaster slain in Albay MANILA, Philippines -- A former broadcaster was killed in Albay province in Bicol Region Thursday night, police said Friday. TERRORISM CRITICISM OF BILL 2007-02-01: Change to anti-terror bill to bar laws abuse during polls MANILA, Philippines -- Senate Minority Leader Aquilino Pimentel Jr. has introduced amendments to the anti-terror bill that would, among others, make the measure effective only after the May elections and suspend the law during elections to prevent its from being used for partisan politics.
Change to anti-terror bill to bar laws abuse during polls Senate Minority Leader Aquilino Pimentel Jr. has introduced amendments to the anti-terror bill that would, among others, make the measure effective only after the May elections and suspend the law during elections to prevent its from being used for partisan politics. Pimentel on Thursday said the amendment was among several accepted by Senator Juan Ponce-Enrile, the bills sponsor. He said the amendment was necessary because it is easy to see that people in power or unscrupulous individuals could conceivably use the anti-terror legislation as a tool to browbeat their electoral opponents. Prudence dictates that the Senate should not allow them to have the opportunity to use the anti-terror legislation for purposes other than for which it was crafted, he added. Earlier, Pimentel proposed that debates on the bill be postponed until after the May 2007 polls. Pimentels other amendments that were accepted by Enrile are:

percent discount in the purchases of medicines and other goods and services. In fact, the seniors citizens discount has effectively been reduced to just eight percent.
Senate bill seeks 34% discount for elderly The imposition of the value added tax (VAT) has prevented senior citizens from enjoying their 12 percent discount in the purchases of medicines and other goods and services. In fact, the seniors citizens discount has effectively been reduced to just eight percent. For this reason, Sen. Edgardo Angara is seeking support for Senate Bill No. 2569, which calls for an increase in the senior citizens discount to 34 percent to cover the discrepancy. Under the existing law, senior citizens are entitled to a full 20-percent discount on the purchase of goods, services, medical and dental services, transport fare, funeral and burial services, among other things. Angara, author of the Senior Citizens Law in 1992, had talks with Finance Secretary Margarito Teves and Bureau of Internal Revenue Commissioner Jose Bunag late last year to address the issue. During our talks, they were able to see the real intent of the Senior Citizens Law. That is, to grant benefits and special privileges to the Filipino elderly. With the proposed 34 percent senior citizens discount, the negative effect of the 12 percent VAT will be compensated, Angara said in a press statement. Angara also called for the empowerment of the senior citizens in contributing to nation building. He urged their families and their communities to reaffirm the Filipino tradition of caring for the elderly. To date, there are about six million elderly Filipinos in the country.

Terror suspects arrested by law enforcers without court warrant should be presented to judicial authorities before they are detained. Pimentel said this will prevent the abuse and maltreatment of jailed persons. He said the judge is tasked to ascertain the identity of the arresting authorities and the arrested suspect; ask why the suspect was arrested, and observe whether or not the suspect has been subjected to physical or psychological torture. The amount of damage for persons wrongfully arrested under this law was raised from P50,000 to P500,000 for each day of detention. The law becomes effective only after it is published in national and local newspapers; and Radio and television should broadcast the title of the law and its penal provisions one week before its effectivity.

2007-01-31: Senate passes bill seen to bring down prices of medicine MANILA, Philippines -- (UPDATE) Voting unanimously, the Senate on Wednesday approved on third and final reading a bill amending specific provisions of the Intellectual Property Code (IPC) to make medicines more affordable in the country. 2007-01-30: Bicameral body okays bill on 10% govt workers pay hike MANILA, Philippines -- Congress leaders finally approved on Tuesday a bicameral conference committee report on a measure providing an increase in the pay of government employees and the subsistence allowance of uniformed personnel effective July this year. 2007-01-22: Senate labor committee adopts P125 wage hike MANILA, Philippines -- The Senate committee on labor and employment has adopted the House bill granting a nationwide P125 across-the-board increase in the minimum wage for workers, committee chairman Senator Jose Jinggoy Estrada said Monday. 2007-01-22: (UPDATE) Senate labor committee adopts P125 wage hike MANILA, Philippines -- The Senate committee on labor and employment has adopted the House bill granting a nationwide P125 across-the-board increase in the minimum wage for workers, committee chairman Senator Jose Jinggoy Estrada said Monday. 2007-01-22: Social reform bills pushed in Congress last session days MANILA, Philippines -- Civil society members pushed on Monday

The bill is one of the priority measures of Malacaang.

2007-01-30: Pimentel wants anti-terror bill passage deferred MANILA, Philippines -- The administration's success in fighting terrorism in the country is proof that an anti-terrorism law is not needed, Senate Minority Leader Aquilino Pimentel said Tuesday as he asked the deferment of the measures passage until after the May elections. LEGISLATION

PASSAGE OF BILLS
2007-02-02: Senate bill seeks 34% discount for elderly MANILA, Philippines -- The imposition of the value added tax (VAT) has prevented senior citizens from enjoying their 12

CURRENT EVENTS
(January-August 15, 2007) women. It criminalizes instead those who benefit from prostitution, particularly the buyers and perpetrators of prostitution. HB 634, or the Anti-Discrimination Bill, seeks to penalize discriminatory practices and policies against lesbians, gays, bisexuals and transgenders. Social reform bills pushed in Congress last session days HB 5743, or the Agrarian Reform Acceleration Bill, wants the MANILA, Philippines -- Civil society members pushed on Monday for the implementation of the Comprehensive Agrarian Reform program passage of nine "social reform bills" that have been sidetracked by the accelerated and extended. failed administration-backed move to change the Constitution last year. HB 4798, or the Office of the Trade Representative Bill, that wants to establish the Office of the Trade Representative to make trade At a press conference, the Akbayan party-list, Cut the Cost, Cut the Pain negotiations more transparent. It also grants basic sectors access to Network and Medical Action Group called on Congress to redeem itself crucial information and a say on bilateral and multilateral agreements by passing bills that would truly benefit the country in its remaining being entered by the government. three-week session. HB 4865, or the Income Tax Reduction Bill, which grants low-income worker wider income tax exemptions. Topping the list is House Bill No. 6035, which amends the Intellectual HB 1606, popularly known as the Kasambahay Bill, which gives more Property Code to give the government more power to regulate the cost househelps wider benefits, such as minimum wage requirements, of medicine in the country, the second highest in Asia. vacation leaves, humane working hours, 13th month pay and other social security benefits. HB 6035 seeks to reduce the monopoly of big pharmaceutical HB 3302 seeks to amend the Party-list Law to make it more companies, which control more than 90 percent of the market share in representative and increase the seats allocated for winning PL groups. It the country, according to Akbayan party-list Representative Risa also blocks the entrance of "fake" PL organizations. Hontiveros. Although majority of the medicines sold in the country were off-patent, 2007-01-19: House to tackle anti-turncoatism bill when branded products were still more expensive that their counterparts in session resumes other Asian countries, she said.

for the passage of nine "social reform bills" that have been sidetracked by the failed administration-backed move to change the Constitution last year.

"For example, Ventolin, a medicine for bronchitis, is sold in India for P132.38 and in Pakistan for P68.88. Here, it is sold by the same pharmaceutical company, Glaxo, for P315," said Hontiveros. "The disturbing truth in this issue is that many of the overpriced medicines sold here are crucial to address leading causes of mortality and morbidity," she said, blaming big pharmaceutical companies which "are manipulating the flawed intellectual property laws to make a killing in a country that is being known literally as the sick man of Asia." "They are using all means to block the introduction of cheaper medicines in the Philippines. Pfizer, for example, filed a legal case against the government to prevent the sale of the low-cost version of Norvasc, an anti-hypertension medicine. They are also claiming that cheaper medicines are always unreliable," she said. Hontiveros said even the most neo-liberal of global trade institutions, the World Trade Organization, declared in Doha in 2001 that public health should be prioritized over trade and intellectual property. "The Constitution also gives the State the mandate to enhance access to essential medicines," she added. HB 6305 seeks to allow the importation of cheaper medicines from countries like Pakistan, India and Thailand, and make the production of cheaper medicines easier in the country by limiting patents protection for essential drugs. The bill allows research for the production of patented essential drugs, which would give local companies a chance to introduce cheaper versions of the medicine as soon as its patent expires, and also grants the government wider powers to produce medicines that are badly needed by the country. The counterpart bill in the Senate had already been approved on third and final reading. Hontiveros, along with Salve Baciano of the Council for Services for the Elderly and Candy Diez of the Medical Action Group, also urged Congress to approve the following social reform bills which are mostly languishing in the committee level: HB 5496, also known as the gender quota bill, introduces a quota of at least 30 percent for women in elective and appointive positions. HB 5314 seeks to amend the Milk Code to encourage breastfeeding. The controversial bill wants a commercial ad ban on milk substitutes for babies and children up to 2 years old. HB 2419, or the Anti-Prostitution Bill, decriminalizes prostituted

MANILA, Philippines - THE PASSAGE of a bill banning turncoatism and limiting political contributions by an individual or a corporation has been put as the highest political priority of Congress when it resumes its session on Monday, Speaker Jose de Venecia said in a statement Friday. 2007-01-15: President okays 10% pay hike, says Senator Arroyo PRESIDENT Macapagal-Arroyo is amenable to a 10-percent increase in the salary of government employees, including uniformed personnel, and even set aside P10.3 billion for this purpose, Senator Joker Arroyo said on Monday. 2007-01-12: Green gas: Arroyo signs biofuels bill into law PRESIDENT Macapagal-Arroyo has signed the Biofuels Act of 2006 more than a month after Congress passed the landmark bill mandating the use of fossil fuel alternatives in all motor vehicles. 2007-01-11: Arroyo signs into law Biofuels Act President Gloria Macapagal-Arroyo has signed into law the 2006 Biofuels Act. Arroyo announced this Thursday during a roundtable discussion as she renewed her pitch for greater energy cooperation between members of the Association of Southeast Asian Nations, which are holding a summit in Cebu this week. 2007-01-11: (UPDATE) Arroyo signs into law Biofuels Act PRESIDENT Gloria Macapagal-Arroyo has signed into law the 2006 Biofuels Act. Arroyo announced this Thursday during a roundtable discussion as she renewed her pitch for greater energy cooperation between members of the Association of Southeast Asian Nations, which are holding a summit in Cebu this week. 2007-01-04: More benefits sought for single parents in House resolution A RESOLUTION seeking more financial benefits for single parents has been filed at the House of Representatives by a party-list lawmaker.

CURRENT EVENTS
(January-August 15, 2007) If an agency fails to act on an application or request, the said permit, license, or authority shall automatically be extended until a OUTSIDE INFLUENCES decision or resolution is rendered on the application for renewal. All agencies providing frontline services shall be subjected to a 2007-01-31: US businessmen: Pass anti-red tape bill report card survey to be initiated by the Civil Service Commission immediately (CSC), in coordination with the Development Academy of the MANILA, Philippines -- American businessmen in the country on Philippines (DAP). Wednesday urged the Senate to fast-track the passage of a Light offenses such as refusal to accept or act on applications or proposed law that seeks to cut red tape, suggesting that the requests, attend to clients or render services, or imposing chamber bypass the usual bicameral conference route and additional irrelevant requirements will merit a 30-day suspension on the first offense; a three-month suspension on the second; and adopt the House version of the bill for signing into law. dismissal and disqualification from public service on the third. Grave offenses such as fixing or colluding with fixers will merit US businessmen: Pass anti-red tape bill immediately dismissal and perpetual disqualification from public service. American businessmen in the country on Wednesday urged the Senate Fixers face a maximum of six years' imprisonment or a fine of to fast-track the passage of a proposed law that seeks to cut red tape, P200,000. suggesting that the chamber bypass the usual bicameral conference The CSC, DAP, Office of the Ombudsman, and the Presidential Antiroute and adopt the House version of the bill for signing into law. Graft Commission shall promulgate the necessary rules and regulations within 90 days from the effectivity of the measure. At a hearing on the measures filed by Senators Juan Flavier, Panfilo Lacson, Aquilino Pimentel Jr., and Edgardo Angara, John Forbes, "The problem of red tape compounded by the incidence of corruption representative of the American Chamber of Commerce of the Philippines provides a very bleak picture of the business climate in our country," (ACCP), submitted a statement noting that with the very little time left Lacson said. in the present Congress to pass legislation and the lateness of the hour, the Senate may avoid the [bicameral conference], report the Covered by the bill are all government offices and agencies including House-passed bill for signature of the President. local government units and government-owned or -controlled corporations. Excluded are agencies performing judicial, quasi-judicial, The reduction of red tape and corruption in the Philippines has long and legislative functions. been a major concern of our members and potential investor, Forbes said. Forbes, a retired American diplomat married to a Filipina who said he considers the Philippines his home, cited eight national and international surveys which constantly reveal the extent of concern over high levels of corruption and red tape in the Philippines. The surveys include a six-year study of Transparency International which puts the Philippines in the bottom third of its Corruption Perception Index; a three-year study of the World Bank/International Finance Corp. which also put the country in the bottom third of its Annual Doing Business Report; and the Asian Institute of Management, which ranks the Philippines 60 out of 61 countries for bribing and corruption, among others. Lacson, head of the Senate committee on civil service and government reorganization, agreed with Forbes about the need to fast-track the bill. He said the minor differences between the Senate and House versions may make the fast-tracking possible. The consolidated Senate bills aim to shorten procedures and lessen chances for corruption in transactions with government agencies by requiring all government agencies: To adopt fixed deadlines for completion of transactions; To regularly assess and upgrade frontline services of government offices; Those with frontline services, to regularly undertake time and motion studies, and undergo evaluation and improvement of transaction procedures. To set up service standards, or the Citizen's Charter, through information billboards posted at the main entrance of offices which list the procedures, the persons responsible for each step, the maximum time for each step, the documents and fees required in each step, and the procedure for filing complaints. The other features of the bills are: The head of the office or agency shall be held accountable to the public in rendering fast, efficient, convenient, and reliable service. Any denial of request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the grounds upon which the denial is based. Each office or agency shall establish a public assistance/complaints desk in all their offices, while all employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.

2007-01-29: Arroyo still waiting for budget, anti-terror bill passage MANILA, Philippines -- With barely two weeks to go before the adjournment of the current session of Congress, President Gloria Macapagal-Arroyo reiterated that she expects the antiterrorism bill and the 2007 budget passed. 2007-01-29: Congress ratifies 2007 budget MANILA, Philippines -- (2ND UPDATE) Congress on Monday ratified the P1.126 trillion 2007 budget proposed by Malacaang.

2007-01-28: People right to know upheld in Freedom of Information bill Members of civil society groups and concerned individuals gathered at a forum last Friday in order to push for the speedy passage of a law on freedom of information that would strengthen the citizens right to know guaranteed in the Constitution. 2007-01-27: Congress urged to pass renewable energy bill THE National Geothermal Association of the Philippines is urging Congress to fast track approval of a proposed Renewable Energy Act before it takes a three-month break starting in February. 2007-01-26: Palace: Automated poll pilot-testing up to Comelec MANILA, Philippines -- Recognizing that the enactment of the automated election law may be too close to the May elections, Malacaang said it is up to the Commission on Elections (Comelec) whether to pilot-test the system during the polls or not. 2007-01-26: Pass renewable energy bill before Congress adjourns

CURRENT EVENTS
(January-August 15, 2007) rules, ayaw ko ingna wa siya kasapi. The events that led to Eraps downfall may be traced to how he relaxed government anti-gambling regulations six months in his presidency. This he did by allowing the Philippine Amusement and Gaming Corporation to enter into management contracts, viewed as virtual gambling licenses, with private corporations. That executive action did not escape congressional attention at that time, and in hindsight we come to 2007-01-23: Palace pushes pay hike; Senate coming understand why Atong Ang, Chavit Singson and Dante Dichaves, alleged around owner of the Jose Velarde bank account, figured much in Eraps sad saga. MALACAANG has urged Congress to pass a proposed bill Atong Ang is behind Power Management and Consultancy Inc. (PMC), granting a pay hike to all government workers this year. the gaming company that won the contract to implement jai alai and Bingo 2 Ball, trotted by Estrada as a measure to wipe out jueteng in 2007-01-23: Healthcare group says bill lowering Luzon and masiao in the Visayas and Mindanao. Then and now, these medicine prices harmful illegal gambling activities operate under the very noses of civilian IN ITS present form, Senate Bill No. 2263, which seeks to lower authorities. the price of medicine by amending the Intellectual Property Since the success of Bingo 2 Ball depended largely on the cooperation of Code, could open the floodgates to fake drugs. jueteng and masiao operators, the PNP cast a wide net on thousands of illegal gambling financiers to force them to adopt Bingo 2 Ball. Atong Angs marching order was to neutralize jueteng and masiao operators. 2007-01-15: Arroyo allies urge Senate to pass antiFor this, he met with police officials headed by then PNP chief Roberto terror bill Lastimoso in order to orient them about the administrations baby. The WITH the signing of an anti-terror agreement by the Association PNPs track record in this regard was overwhelmingly successful, with of Southeast Asian Nations (ASEAN), administration allies in the more than 8,000 operators and runners apprehended in such a short House of Representatives are urging the Senate to pass the time. anti-terrorism bill. Chavit Singson, who allegedly tolerates jueteng in Ilocos Sur, got incensed over the whole operation as it can only happen with Malacaangs blessings. According to Chavit, Atong Ang was Eraps 2007-01-12: Theres no need to amend power law, says dummy at PMC. coauthor Fast forward to January 2007. Chavit came here to join millions of THERE is no need to amend the Electric Power Industry Reform Sinulog revelers, hoping they would vote him as senator in the May Act (Epira) in order to attract more foreign investments into the elections. He is reportedly running under the much-ballyhooed unity country, one of the authors of the law said yesterday. ticket of the administration, alongside former Erap allies Tito Sotto and Tessie Oreta. Since President Arroyo, up to now, cannot shake off ADMINISTRATION OF JUSTICE accusations that she rigged the 2004 polls, Jose Victor (JV) Ejercito cautioned Tito and Tessie that sidling up to the Arroyo camp would surely hurt their bid. Consider it a kiss of death, he warned them. ATONG ANG Really now. Has the line separating the administration from the political opposition become so blurred that the Erap camp can now afford to dish A trail of bad odor out sanctimonious statements? We used to view political merry-goWHEN Charlie Atong Ang decided to testify in the plunder case against round as mindless horse-trading, but hear former governor Tingting de deposed president Joseph Estrada, newspaper stories described the act la Serna: Nahumot-humot gamay ang kampo ni Erap tungod sa kabaho as singing. Im sure many are familiar with Mario Puzos bestseller, sa administrasyon. Pero baho gud gihapon ang grupo ni Erap. The Godfather, the book that spun the screenplay of Francis Ford Coppolas worldwide hit movie of the same title. Coppola bagged critical acclaim for the classic mob film produced in the late 70s, including rave 2007-01-30: Atong Angs guilty plea questioned reviews for its actors, musicians and technical assistants. In my book, it MANILA, Philippines -- Charlie Atong Angs request for a short is the greatest mob movie of all time. jail term in exchange for his confession of his role in the alleged

MANILA, Philippines -- The environmental group Greenpeace has urged the Senate to pass the Renewable Energy (RE) bill before Congress adjourned, saying failure to do so can lead to another "long wait -- time [the Philippines] country can ill afford."

Set in the large cities of eastern United States in the early part of the 20th century, the movie about the secret crime organization, invariably called Mafia, generated a word list. Actually, the FBI helped coin many of the terminologies as it conducted various covert operations against the Cosa Nostra. The strange lexicon is helpful in understanding how the community of criminals, represented by Don Vito Corleone, the chief mobster in the movie, operates. When authorities collar a Mafioso, the bird is caged in, according to the mob glossary. When he squeals on the organizations activities, he sings like a canary. Atong Angs ditty, sang before government lawyers, told of how he, together with controversial Ilocos Sur Gov. Chavit Singson, brought P130 million in tobacco tax kickbacks to Estrada a few months after Eraps landslide win in the 1998 presidential elections. According to Ang, Erap pocketed P70 million while he himself received P20 million, with Senators Jinggoy and Luisa Ejercito getting P15 million and P25 million, respectively. Its a stunning performance that portrayed how big Atong Ang loomed in the Estrada regime. Atongs role in the kickbacks controversy corroborates the testimony of Chavits jueteng expose, which form part of the plunder case against Estrada. However, Angs confession only tends to obscure the part of Chavit in the anomaly. Since the money was skimmed off from tobacco excise taxes, allegedly collected in the province of Ilocos Sur, where Chavit

diversion of P130 million in tobacco excise taxes to President Joseph Estrada in 1998 encountered rough sailing at yesterdays pre-trial proceedings. 2007-01-25: The rise and fall of Atong Ang 1999 -- Charlie Atong Ang becomes the chief executive officer of Fontana Resort and Country Club in Clark, Pampanga. Ilocos Sur Gov. Luis Chavit Singson says former President Joseph Estrada is a co-owner of the resort.

2007-01-25: Ang offers Corinthian mansion as payment CHARLIE ATONG ANG said he was waiving all his rights to and interests in his mansion at No. 18 Manansala Street in the posh Corinthian Gardens in Quezon City so he could return P25 million to the government. 2007-01-25: Singson: Angs admission would seal Estradas fate ILOCOS SUR Governor Luis Chavit Singson said Charlie Atong Angs plea bargain would seal the fate of detained former President Joseph Estrada.

CURRENT EVENTS
(January-August 15, 2007) allowed to detain the convict in some place within its jurisdictional reach, or bail or recognizance. 2007-01-25: Atong Ang wasnt pressured by govt --

lawyer MANILA, Philippines -- Former Philippine Amusement and Gaming Corporation (PAGCOR) consultant Charlie "Atong" Ang was never pressured by the government to admit his participation in the diversion of the P130-million tobacco excise tax, his lawyer Alfred Villamor said.

ENVIRONMENTAL LAWS 2007-01-25: DoJ drops poaching charges vs 24 Chinese fishers PUERTO PRINCESA CITY, Philippines -- Justice Secretary Raul Gonzalez had ordered the provincial prosecutor's office to drop the charges against 24 Chinese fishermen caught poaching in Philippine waters, local authorities and a legal group said on Thursday
2007-01-25: Court released 30 Chinese poachers on its discretion -- DFA MANILA, Philippines -- It was a court order and not diplomatic intercession that led to the release of the 30 Chinese fishermen recently charged with violating environmental laws in Palawan, the Department of Foreign Affairs maintained on Thursday. 2007-01-12: Legal eagles to help prosecute Tubbataha reef poachers A GROUP of legal experts on Friday offered to help the Tubbataha Marine Office (TMO) with the prosecution of 30 Chinese poachers caught allegedly encroaching in the Tubbataha Reefs National Park (TRNP) last December. 2007-01-04: 30 Chinese poachers cases now in court MANILA -- The 30 suspected poachers from China were charged with violation of the country's fisheries and environmental laws, the Tubbataha Management Office said on Thursday.

Any time our judiciary is disregarded by anyone, it is a cause for alarm. We cannot have two governments ganging up on a lonely woman abandoned by her own government. In Ichong, Gonzalez, Garcia and Lantion, our Supreme Court took as ours the US doctrine exemplified by Reid, that municipal law trumps treaties. Every student of Political and Public International Law knows this. The US Department of State merely suggests, not imposes, on US courts, in cases with transnational implications. The solicitor general cant go to court only to ignore or even spit on it. Better if it had not asked the court for authority to do what Gloria Macapagal-Arroyo would do anyway when no one watched. In the 2004 bar exams, asked in Political and Public International Law was this question: ... In case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of the Constitution, in a jurisdiction and legal system like ours, which should prevail: the provisions of the treaty or of the Constitution? The issue is not to be treated dismissively. My answer would have been, whether in the Philippines and in the United States, local courts would favor local laws; but an international court or arbiter would answer otherwise. I have the cases and the gloss from the Philippines, United States and international law praxis to validate this view, supporting the Cuevas circular. R.A.V. SAGUISAG (via e-mail)

2007-01-08: Nicole asks SC to order Smiths arrest MANILA -- (UPDATE) The lawyer of the victim in the Subic rape case filed a petition Monday asking the Supreme Court to order the arrest of Marine Lance Corporal Daniel Smith and void an agreement between the Philippine and US governments allowing the convicts return to American custody.
Court of Appeals ruling seen as victory by Nicoles lawyer THE PRIVATE counsel of rape victim Nicole views the Court of Appeals decision upholding a lower courts ruling on the Philippine custody of an American Marine as a victory. And even as the appellate court recognized as binding the agreement between the governments of the Philippines and the United States to turn over Lance Corporal Daniel Smith to US custody, the decision of the Court of Appeals could be used as basis in seeking the arrest of the convicted soldier, lawyer Evalyn Ursua said. Smith, 21, was sentenced by Makati regional trial court Judge Benjamin Pozon to 40 years in prison for raping Nicole inside a former US naval station north of Manila. He was detained at the Makati City jail but was moved to the US embassy compound last Friday after Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney agreed the soldier should remain in American custody while his conviction is on appeal. In its decision, the Court of Appeals upheld Pozon's ruling that the judicial proceedings ended when Smith was convicted at the lower court, even as it respected the authority of the executive as a co-equal branch of government when it forged a pact with the US over Smiths transfer. "The important part of the decision is the fact that the Court of Appeals sustained the ruling of Makati Judge Benjamin Pozon that the judicial proceeding ended upon Smith's conviction and that he should be detained in a facility run by Philippine authorities," Ursua said. Smith's lawyers, the US embassy, and the Philippine departments of justice and foreign affairs had all said Pozons ruling committing the

DANIEL SMITH AND NICOLE


2007-01-23: Sado-masochistic government IN ordering the release of convicted rapist Daniel Smith to the US Embassy, President Gloria Macapagal-Arroyo diminished and humiliated all Filipinos, including herself and her minions. 2007-01-12: Local law trumps international treaties THE Jan. 8 issue of the Inquirer carried the contrasting views of two priests -- Father Joaquin Bernas and Father Ranhilio Aquino -- on laffaire Smith.
Local law trumps international treaties THE Jan. 8 issue of the Inquirer carried the contrasting views of two priests -- Father Joaquin Bernas and Father Ranhilio Aquino -- on laffaire Smith. On Dec. 20, 1999, then Justice Secretary Serafin R. Cuevas issued Department Circular No. 91 on Guidelines on Criminal Jurisdiction Relative to the Implementation of the VFA, the Philippine-US Visiting Forces Agreement. The circulars paragraph H.4 is clear: In case of conviction, the accused US personnel shall be subjected to disposition by the court which may order his confinement or his release on bail or recognizance, if accused personnel should appeal. Cuevas was known to stand his ground even in the face of pressure from the Palace. His circular came out long before the case of Nicole, and should not have been lost in the din. The system should have been

CURRENT EVENTS
(January-August 15, 2007) soldier to the Makati jail violated a bilateral military agreement, which covers the presence of US troops in the Philippines. Tagged Oplan Video Sita, the Makati Police Stations new project aims to create for the police an archive of possible robbery suspects through Ursua said they would file another supplementary motion seeking to footage taken of commuters waiting for buses, said Makati police chief quash Smith's appeal on the lower courts ruling. Supt. Gilbert Cruz. Nicole's camp sought the dismissal of the appeal and asked the appellate court that a warrant of arrest be issued so that Smith could be This is meant to catch robbers posing as passengers. What well do is returned to Philippine custody. well take video footage of passengers lining up for buses so that well have a video file of passengers. If that bus gets robbed later, at least we "Using as basis this recent ruling, we are confident that the court will have a photo file of passengers who boarded that bus, Cruz told the grant our motion," Ursua said. Inquirer yesterday. The United States on December 22 called off the war games, citing as reason the continued detention of Smith at the Makati City jail -- a move described by leftwing activists as arm-twisting. It announced the resumption of the joint military exercises Tuesday. President Gloria Macapagal-Arroyo said Tuesday the government had to take action "in order to forestall the further deterioration in our strategic relationship with the United States." Uniformed police officers wielding cameras would be deployed everyday in the busy bus terminal at Park Square in Ayala Center where hundreds, if not thousands, of passengers line up daily to travel to the nearby provinces of Cavite and Laguna. The video scheme would also be conducted in busy bus stops on Edsa, the Makati-Pasay boundary and Guadalupe; and on Ayala and Gil Puyat Avenues, Cruz said. At the same time, police will distribute their video Kriminal Modus Operandi containing valuable tips on how the public can avoid becoming victims of crimes, like bus heists. The video filming will be done at random. This is SPD-wide (meaning it will be implemented in the whole Southern Police District), but we will begin in Makati. We will file the video and if, after three days, nothing happens to that bus, then we could record over the video, said Cruz. Asked how the police would handle possible adverse public reaction, Cruz said: We will tell them that its for their own safety. And it will not be a full close-up of their faces. We will just pan the camera around the bus stop or terminal area. The police would also require bus companies to use video cameras themselves later.

INTELLECTUAL PROPERTY
2007-01-23: P7.2-M fake Superman, Batman toys seized MANILA, Philippines -- Agents of the National Bureau of Investigation (NBI) seized P7.2 million worth of unauthorized reproductions of Superman and Batman action figures during simultaneous raids in Manila last Saturday.

EXECUTIVE BRANCH
2007-01-18: Anti-graft body ties up with anti-money laundering council MANILA, Philippines -- The Presidential Anti-Graft Commission (PAGC) has forged a tie-up with the Anti-Money Laundering Council (AMLC) that will allow both bodies to exchange information to go after corrupt government officials. 2007-01-17: Palace insists Davide appointment legal, constitutional MANILA, Philippines -- Malacaang on Wednesday stood firm that the appointment of former Supreme Court chief justice Hilario Davide as the countrys permanent representative to the United Nations was "legal and constitutional" even if he has yet to be confirmed by the Commission on Appointments (CA). 2007-01-16: Arroyo legal adviser defends Davide appointment FORMER Chief Justice Hilario Davide's appointment as Philippine Permanent Representative to the United Nations has been defended by Presidential Legal Adviser Sergio Apostol, the Department of Foreign Affairs said Tuesday

OTHER JURISDICTIONS

TERRORISM
Warrantless wiretapping challenged in US court CINCINNATI, Ohio -- President George W. Bush's domestic surveillance program came under fire in a federal appeals court Wednesday, when opponents challenged it as an unconstitutional abuse of presidential power. Critics of the program asked the US 6th Circuit Court of Appeals to uphold a lower court decision that the spy program is illegal unless it is subject to court supervision. They also asked for the appeals court to unseal secret documents filed by the Bush administration in the case, which describe how the program is being administered. At issue is whether or not the administration will receive blanket approval to spy on its citizens or if every case will be approved individually. They have the support of Senator Arlen Specter, the ranking Republican on the Senate Judiciary Committee, who accused the Justice Department of "limiting access to key evidence on national security grounds as a means of controlling the outcome of these cases and obstructing the federal courts in their adjudications." Attorney General Alberto Gonzales said Wednesday that the high ranking senators would have access to the documents in order to oversee the program but refused to declassify them. Bush started the wiretapping program after the September 11 attacks

POLICE
2007-01-12: Police to use video in new anticrime program SMILE, you may be on candid camera if you are in a Makati City bus terminal or bus stop.
Police to use video in new anticrime program SMILE, you may be on candid camera if you are in a Makati City bus terminal or bus stop. Police officers with video cameras began patrolling bus terminals and crowded bus stops around Makati yesterday as part of the local polices latest crime prevention program.

CURRENT EVENTS
(January-August 15, 2007) five years ago and has said he does not need court oversight to authorize the surveillance. A district court judge ordered Bush to shut down the program on August 17, ruling that there are "no hereditary kings in America and no power not created by the Constitution." Bush agreed on January 10 to allow that court to oversee the surveillance program, but he maintains he is not obligated to do so. Government lawyers argued that the case is moot because the president has agreed to court supervision. The judges, however, suggested a constitutional issue remains, since Bush has said he could resume the program without court oversight in the future. "You could opt out at any time, couldn't you?" asked Judge Ronald Lee Gilman. "That's absolutely true," said Gregory Garre, a deputy solicitor general. Critics said that's why the 6th Circuit must declare Bush's original program unconstitutional. "A failure to decide this case would leave it up to the president to decide whether or when to follow the law," said Ann Beeson, an attorney for the American Civil Liberties Union, which sued last year to halt the program. "It is this court's duty to serve as a check on the arbitrary exercise of government power to wiretap American citizens on American soil." Government lawyers told the three 6th Circuit judges Wednesday that the ACLU's case compromises national security because it would require the government to publicly discuss the surveillance. "Telling our enemies who is subject to surveillance ... would harm national security," Garre argued. The three-judge panel did not decide the case Wednesday and could take months before issuing an opinion.

BEIJING -- President Hu Jintao has ordered Chinese Internet regulators to promote a "healthy online culture" to protect the government's stability, state media said Thursday. 2007-01-05: Cambodian PM demands justice as KRouge tribunal bogs down PHNOM PENH -- Cambodian Prime Minister Hun Sen demanded Friday that former Khmer Rouge leaders be brought to justice amid concerns that a tribunal to prosecute top regime cadres has bogged down just months after opening RULINGS AND PENDING CASES

VFA
2007-02-01: SC asked anew to declare VFA unconstitutional MANILA, Philippines -- Party-list and lawyers groups have asked the Supreme Court to declare as unconstitutional the Visiting Forces Agreement (VFA) for allegedly being "a slur on the sovereignty of this country, a spit on its Constitution." 2007-01-09: UP lawyers to ask SC to declare VFA unconstitutional LAWYERS from the UP Law Center are set to ask the Supreme Court to declare the Visiting Forces Agreement (VFA) unconstitutional.

LAWYERS, JUDGES AND JUSTICES


2007-01-25: SC junks another disbarment case vs Davide THE Supreme Court has dismissed for lack of merit another disbarment case filed by a perennial presidential candidate against retired chief justice Hilario G. Davide, Jr. 2007-01-19: SC junks with finality disbarment case vs Davide, 10 others THE SUPREME Court has dismissed with finality the disbarment case filed by a former judge against retired chief justice Hilario Davide Jr., retired Supreme Court associate justice Bernardo Pardo, and nine others.

INTELLECTUAL PROPERTY
2007-01-30: Les Mis sequel upheld in French high court PARIS -- France's high court of appeal on Tuesday quashed a conviction against the Paris-based publishing company which in 2001 released books presented controversially as sequels to Victor Hugo's classic "Les Miserables. 2007-01-28: Microsoft faces new antitrust clash with Vista BRUSSELS -- Microsoft risks a new showdown with EU regulators with the roll-out of its Vista operating system nearly three years after a landmark antitrust ruling against the US software giant, officials said. 2007-01-06: French court says Sony 'deceived' consumers -- watchdog PARIS -- Sony has been convicted of misleading the French public and told to pay damages to a consumer watchdog for selling downloadable songs that only run on its own music players, the association said Friday.

GRAFT AND CORRUPTION


2007-01-24: SC reverses Ombudsman, orders graft raps vs Disini OVERTURNING a decision of former Ombudsman Aniano Desierto, the Supreme Court has ordered the Office of the Ombudsman to proceed with the filing of graft charges against Marcos crony Herminio Disini and several others.

INITIATIVE
2007-01-16: No more pleadings on initiative petition -SC THE Supreme Court said on Tuesday it would not entertain any more pleadings on the dismissed petition for a peoples initiative to amend the Constitution filed by Sigaw ng Bayan (Cry of the People) and the Union of Local Authorities of the Philippines (ULAP).\

INTERNET REGULATION
2007-01-25: China's Hu calls for tighter Internet regulation

DANIEL SMITH AND NICOLE

CURRENT EVENTS
(January-August 15, 2007) Elections, 257 SCRA 727 that finally recognized the petitioners Philippine citizenship by an absurd overstretching of the law to accommodate the A self-defanged decision old man. Only 3 justices concurred completely with the ponente, 4 only Isagani Cruz pro hac vice, and 3 only in the result, with 2 dissenting and 2 not taking part. Yet it became part of the law of the land. I READ with much interest the decision of the Special Sixteenth Division of the Court of Appeals in the case of Lance Cpl. Daniel J. Smith vs. It is regrettable that such an impressive analysis of the Visiting Forces Hon. Benjamin J. Pozon promulgated on January 2, 2007. It was written Agreement and the logical conclusions reached by Justice Bruselas by Justice Apolinario D. Bruselas Jr., with Justices Josefina Guevarashould go to waste as a failed assertion of Philippine sovereignty in our Salonga and Fernanda Lampas-Peralta both concurring in the result. own territory. In surrendering to her American overlords, President Arroyo may have acted in the higher interests of Philippine-American This was a petition for certiorari questioning the order of the respondent relations, as she defensively says, but it was a disdainful dismissal of our judge directing the confinement of the petitioner, who had been obligatory respect for our own laws. And I am also disappointed in the convicted of rape and sentenced to reclusion perpetua, in the Makati 38-page ponencia [authored decision] of Justice Bruselas with whom City jail. Smith contended that pending his appeal, he was entitled under his colleagues in the division could not agree but agreed just the same. the Visiting Forces Agreement to be transferred to the custody of the Despite the moral weakness of the Court of Appeals, I want to American authorities. He was supported by the public prosecution but compliment Justice Apolinario F. Bruselas Jr. for his well-written opposed by the private prosecutor. ponencia even if it roared like a lion but whimpered in the end. I see in him a worthy member of the judiciary provided he quotes Justice Without waiting for the case to be decided, Foreign Affairs Secretary Holmes more accurately and develops more guts. He has a facile pen Alberto G. Romulo and US Ambassador Kristie Kenney signed an and writes better than many justices of the Supreme Court past and agreement providing for such transfer. It was implemented by Interior present, including me. and Local Government Secretary Ronaldo Puno with the support of Justice Secretary Raul Gonzalez on December 29, 2006, and President Gloria Macapagal-Arroyo later admitted having ordered the transfer. Last LABOR week, the Court of Appeals sustained Judge Pozon but did not order the return of Smith to Philippine custody, holding that the petition had Our laws are good, but enforce them please! already become moot. February 03, 2007 The decision penned by Justice Bruselas deserves some admiration for its analytical and logical consideration of the several important issues raised by the parties, including the Solicitor General, who was allowed to intervene in Smiths favor. The Court held that the petition was not the appropriate remedy and could have been properly dismissed. Nevertheless, it agreed to accept it and decide it on the merits because of the importance of the questions raised and the parties involved. The lengthy decision carefully assessed the issues and the arguments submitted. It discussed not only Sec. 6 of the Philippine-US Visiting Forces Agreement (VFA), relied on by Smith as justifying US custody over him until the end of the judicial proceedings including the appeal, as opposed by the respondents contention that the said phrase applied only to the end of the trial and not beyond. After meticulously examining not only that section but also all the other pertinent provisions of the Agreement, the Court concluded in favor of Judge Pozon and held that it was the Philippine and not the US authorities here who had lawful custody of the petitioner. For all its binding opinion against the petition, however, the decision did not choose to enforce it. After referring to the Romulo-Kenney agreement transferring Smith to the custody of the US government, the ponencia copped out and dismissed the petition for having become moot. Like a mighty army in the face of total victory, the Court of Appeals folded its tents and slunk away. Where it could have castigated the Executive Department for preempting the Judiciary in its discharge of a purely judicial function, it carefully kept silent. Where it could have ordered the return of Smith to Philippine custody pursuant to its interpretation of the VFA, it joined President Arroyo and her Cabinet in paying obeisance to the visiting foreigners. No wonder the other justices in the division merely concurred in the result, which brings up another matter. When a justice concurs only in the result, it means he (or she) does not concur with or probably even objects to the reasons for the result. In my humble view, that would make the incomplete concurrence a dissent. Art. VIII, Sec. 14 of the Constitution says, No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. I submit this should apply as well to concurrences only in the result. This reminds me of the third case of Frivaldo v. Commission on The two new anti-abuse labor measures announced by the Saudi government on Wednesday are good news for the thousands of workers who are brought to the Kingdom to work by unscrupulous employers and either not paid on time, sometimes for months on end, or left abandoned on our streets with no place to sleep and no food to eat. The new measures will punish bad employers by not allowing them to recruit new workers for a year if they delay the salaries of their workers two months in a row. Furthermore, foreign workers who are not paid for three months in a row will now have the right to transfer sponsorship right away if they can find a new job, without having to wait for the one-year period before transferring sponsorship, and without having to pay the original employer any transfer fees. This is excellent news for the six million foreigners working in Saudi Arabia, who unlike Saudis, do not have the freedom to shop around for better jobs if their original employer cannot pay them on time. And dont think that the delayed payment of salaries happens only to laborers and maids. This problem affects many managers, engineers and doctors too.

2007-01-31: Proposed law on POEA passes bicameral committee MANILA, Philippines -- A proposed law that seeks to strengthen the regulatory functions of the Philippine Overseas Employment Administration (POEA) and the safeguards for Filipino workers deployed abroad has been approved by the bicameral conference committee and is up for ratification by both chambers of Congress.
Proposed law on POEA passes bicameral committee A proposed law that seeks to strengthen the regulatory functions of the Philippine Overseas Employment Administration (POEA) and the safeguards for Filipino workers deployed abroad has been approved by the bicameral conference committee and is up for ratification by both chambers of Congress. The bill contains two salient provisions: It mandates the POEA to deploy workers only to countries where the Philippines has concluded bilateral labor agreement or arrangements provided they guarantee the protection of Filipino

CURRENT EVENTS
(January-August 15, 2007) migrant workers rights and comply with international laws and but end up in exploitative situations like prostitution, pornography, other standards; sexual exploitation and forced or bonded labor. It reverses the long-standing but unimplemented policy to phase While noting government and non-government efforts to enact laws and out the POEA and allow private labor recruiters to regulate develop policies to prevent trafficking, he said a recent ILO study themselves. highlighted the need to extend assistance on reintegration to former victims. The measure also requires the POEA to "inform migrant workers not The lack or inappropriateness of reintegration services contributes to only of their rights as workers but also of their rights as human beings, the problem, making returnees vulnerable to re-trafficking, he said. instruct and guide the workers how to assert their rights, and provide the available mechanism to redress violation of their rights." To address this, the ILO launched a $1.9 million project for long-term economic and social empowerment and providing core social services to The proposed measure will replace Republic Act 8042 or the Migrant human trafficking victims. Workers and Overseas Filipino Act of 1995, which it amends. The three-year Economic and Social Empowerment of Returned Victims The bicameral committee that hammered out the reconciled version of of Trafficking in Thailand and the Philippines is funded by the Japanese the proposed legislation is co-chaired by Senator Jose "Jinggoy" Estrada, government through the United Nations Trust Fund for Human Security. head of the Senate committee on labor and employment, and his It aims to help reduce trafficking in children and women for sexual and counterpart in the House, Albay Representative Edcel Lagman. labor exploitation in Asia through support to a humane return and reintegration process of victims of trafficking in their countries of origin. The Philippines, one of the biggest sources of global manpower, is kept afloat by the remittances of the estimated eight million Filipinos who work or live abroad. Every day, more than 2,000 overseas Filipino 2007-01-23: Pimentel hails passage of domestic workers (OFWs) leave the country. workers bill Last year, the POEA processed the overseas employment papers of MANILA, Philippines -- Senate Minority Leader Aquilino Pimentel, more than a million Filipinos, while the Bangko Sentral ng Pilipinas Jr. on Tuesday hailed the chambers approval of the bill raising (Central Bank of the Philippines) said OFWs remitted around $14 billion.

the minimum monthly salary of domestic helpers in the country

During the Association of Southeast Asian Nations summit in Cebu earlier this month, the issue of migrant workers rights was among the hotly debated topics among the regional blocs member-countries, with the Philippines successfully pushing for a declaration for the protection and promotion of migrant workers rights.

2007-01-26: 1.36M trafficked persons from Asia -- ILO estimates MANILA, Philippines -- More than half the 2.45 million people trafficked worldwide --or 1.36 million -- are from Asia and the Pacific, with Thailand and the Philippines facing serious problems, the International Labor Organization (ILO) said.
1.36M trafficked persons from Asia -- ILO estimates More than half the 2.45 million people trafficked worldwide --or 1.36 million -- are from Asia and the Pacific, with Thailand and the Philippines facing serious problems, the International Labor Organization (ILO) said. Thetis Mangahas, chief technical adviser of the ILOs Mekong project based in Bangkok, said the organizations Global Report 2005 shows people from industrialized countries are not spared from the transnational crime, comprising the second largest number of victims at 270,000. Latin America and the Caribbean accounted for 250,000 trafficked persons; the Middle East and North Africa, 230,000; transition countries, or countries transforming from former centralized economies to open markets, 200,000; and sub-Saharan Africa, 130,000. The typical trafficked person is female, young, poorly educated and with little skills, and marginalized either as an irregular migrant or a hill tribe minority. Most of them, said Mangahas, end up in the entertainment industry, domestic work, agriculture (mostly on small family farms), fishing (deepsea and fish processing), sweatshops (usually small, informal shops that are part of sub-contracting chains), construction, and even begging. These workplaces are often not covered by labor law or policy, small, informal, isolated with little regulation and supervision, and absent [the right to] organization and representation, she said. In the Philippines and Thailand, lawyer Robert Larga of the ILO in Manila said, many womenare lured to the promise of overseas employment

2007-01-23: Wage boards ask Congress to reconsider P125 wage hike MANILA, Philippines -- Regional Tripartite Wages and Productivity Boards (RTWPBs) across the country have passed resolutions urging Congress to reconsider plans to pass a bill for a P125 across-the-board increase in the minimum daily wage. 2007-01-22: Senate labor committee adopts P125 wage hike MANILA, Philippines -- The Senate committee on labor and employment has adopted the House bill granting a nationwide P125 across-the-board increase in the minimum wage for workers, committee chairman Senator Jose Jinggoy Estrada said Monday.

FE BRUARY
EXTRAJUDICIAL KILLINGS

GOVERNMENT STATEMENT AND ACTION


2007-02-28: Gonzalezs statements show govt is in denial on killings Justice Secretary Raul Gonzalezs statements downplaying the initial findings of Philip Alston, special rapporteur for the UN Commission on Human Rights, give little hope for the families of journalists and political activists slain in the country to find justice. 2007-02-28: She's responsible Instead of complaining loudly about the Melo Report, the government should be greeting it with mild, if not wild, celebrations.

CURRENT EVENTS
(January-August 15, 2007)

2007-02-22: Westin Samar police reinforced amid political killings TACLOBAN CITY Fifty additional policemen have been deployed in the Samar province, which was recently declared as an "area of concern" toward the May elections by the Philippine National Police, in the wake of political killings in the province. 2007-02-16: Solons hail SC creation of special courts on killings MANILA, Philippines -- Members of the House of Representatives crossed party lines on Friday to hail the Supreme Courts decision to create special courts to handle the extrajudicial killings that have claimed hundreds of lives over the past few years. 2007-02-15: SC to create special courts for extrajudicial killings MANILA, Philippines -- The Supreme Court will be creating special courts to handle cases involving extrajudicial killings, Chief Justice Reynato Puno said. 2007-02-14: NBI: Judges, justices at risk THE National Bureau of Investigation (NBI), the countrys premier investigation agency, disclosed yesterday the presence of a clear and present danger to the judiciary following the assassinations of 13 judges since 1999.

KILLINGS THIS MONTH 2007-02-23: 2 killed in North Cotabato ambush PIKIT, North Cotabato -- Unidentified armed men fired on the convoy of provincial board member Farida Malingco here on Thursday afternoon and killed two of her supporters, police said Friday. 2007-02-23: 2 killed, 1 hurt in North Cotabato ambush PIKIT, North Cotabato -- (UPDATE) At least two people, including a village official, were killed and another was wounded when gunmen ambushed the convoy of North Cotabato Provincial Board member Farida Malingco here Thursday afternoon. 2007-02-19: Local newspaper editor shot dead in Mindanao MANILA, Philippines -- The editor-in-chief of a weekly community newspaper in Cotabato City was shot dead Monday morning in the town of Sultan Kudarat, Shariff Kabunsuan province, the National Union of Journalists of the Philippines (NUJP) said. 2007-02-19: (UPDATE) Local newspaper editor shot dead in Mindanao COTABATO CITY, Philippines -- The editor-in-chief of a weekly newspaper in Mindanao was shot dead by a lone gunman outside his home in the town of Sultan Kudarat, Shariff Kabunsuan Monday morning. 2007-02-19: (UPDATE 2) Local newspaper editor shot dead in Mindanao COTABATO CITY, Philippines -- The editor-in-chief of a weekly newspaper in Mindanao was shot dead by a lone gunman outside his home in the town of Sultan Kudarat, Shariff Kabunsuan Monday morning, police said. 2007-02-16: Student activist murdered in Camarines Norte LEGAZPI CITY-- A member and former spokesperson of the League of Filipino Students (LFS) in Camarines Norte was shot dead by an unidentified gunman Thursday night, just four meters away from the gate of his school. RULINGS AND PENDING CASES IN THE SC AND CA 2007-02-16: SC orders govt to comment on activists suit vs VFA MANILA, Philippines -- The Supreme Court has asked the government to file its comment to a petition filed by activist groups asking it to overturn a 2000 ruling upholding the constitutionality of the Visiting Forces Agreement (VFA) with the United States. 2007-02-19: SC asks govt to reply to charges vs Davides UN posting MANILA, Philippines -- The Supreme Court has ordered the government to comment to a suit filed before it questioning the appointment of retired chief justice Hilario Davide Jr. as Permanent Philippine Representative to the United Nations.

INTERNATIONAL ACTION AND SUPPORT


2007-02-23: Journalists worldwide demand solution to RP media killings MANILA, Philippines -- Media groups from around the world on Friday wore black and wrote letters demanding that the Arroyo government seriously address the murders of Filipino journalists and end the culture of impunity they say has allowed the killings to escalate. 2007-02-18: UN rights prober zeroes in on 'Davao Death Squad'--RP execs DAVAO CITY, Philippines--Philip Alston, the United Nations Rapporteur on Extrajudicial, Summary or Arbitrary Executions, had expressed special interest in allegations that a shadowy group, known as the Davao Death Squad (DDS), was behind several killings of suspected criminals here. 2007-02-20: Intl group slams latest media murder, govt inaction MANILA, Philippines -- An international media organization blamed governments inaction on media killings in the country for the Monday murder of the editor-in-chief of a weekly newspaper in Mindanao. 2007-02-20: Journalism is not just a profession THE headline sounded alarming. RP, Afghanistan most deadly for journalists. (Inquirer, 2/7/07) 2007-02-15: Intl trade unions: RP has most political killings in Asia MANILA, Philippines -- The Philippines has the biggest number of extrajudicial killings among Asian countries, members of an international group of trade unions who are on a fact-finding mission here said.

CURRENT EVENTS
(January-August 15, 2007)

2007-02-07: SC rules vs doc, hospital over patients death MANILA, Philippines -- The Supreme Court has affirmed a Court of Appeals decision finding the owner of Medical City General Hospital and a member of its surgical staff liable for the death of a patient as a result of complications arising from two pieces of gauze being left in her body during an operation. 2007-02-07: Appeals court: Malls may charge parking fees MANILA, Philippines -- The Court of Appeals has allowed shopping malls to continue charging parking fees by upholding a lower court ruling that building regulations do not require shopping centers to provide customers with free parking. LIBEL AND SEDITION CASES 2007-02-26: First Gentleman testifies against publisher in libel suit MANILA, Philippines -- First Gentleman Jose Miguel Arroyo took the witness stand Monday on the libel case he filed against a newspaper publisher-columnist. 2007-02-26: First Gentleman, defense lawyer lose cool in libel trial MANILA, Philippines -- First Gentleman Jose Miguel Mike Arroyo engaged in a shouting match on Monday with the lawyer of a newspaper whom he had sued for libel during court proceedings, thus earning him a mild rebuke from the presiding judge. 2007-02-28: Ombudsman to investigate sedition charge vs Iloilo governor ILOILO CITY, Philippines -- The Office of the Ombudsman in the Visayas has decided to proceed with the investigation of a sedition complaint against Iloilo Governor Niel Tupas Sr. and three other provincial officials for barricading the provincial capitol grounds last January. 2007-02-14: Sedition case filed vs Tribune publishers, columnists MANILA, Philippines -- The publisher and two columnists of the Daily Tribune newspaper have been charged with sedition by the Department of Justice for allegedly encouraging people to rise against the government. ANTI-TERROR BILLS

2007-02-19: House approves anti-terror bill MANILA, Philippines -- The House of Representatives, convened in special session Monday, approved the anti-terror bill amid strong objections from some lawmakers anxious about possible human rights abuses and that it infringes upon basic civil rights 2007-02-15: House to ratify anti-terror bill -- Nograles MANILA, Philippines -- House Majority Leader Prospero Nograles said Thursday the chamber will pass the Senate version of the anti-terrorism bill approved by the bicameral conference committee despite issues of constitutionality raised by militant groups. 2007-02-09: House fails to pass bill to combat terror MANILA, Philippines -- The House of Representatives went into recess without passing the anti-terrorism bill on Thursday as administration solons accused the opposition of blocking its approval. 2007-02-08: Senate passes anti-terror bill MANILA, Philippines -- Senators on Wednesday night approved their version of the administrations anti-terror bill, removed of its contentious provisions, but activists said it could still be used to muzzle legitimate dissent. 2007-02-08: Congress moves closer to approving antiterror bill MANILA, Philippines -- Congress moved closed to approving the anti-terrorism bill Thursday after the House panel in the bicameral conference adopted the Senate amendments to the proposed measure. 2007-02-08: House goes into recess without passing anti-terror bill MANILA, Philippines -- (4TH UPDATE) The House of Representatives goes into recess without passing the antiterrorism bill and administration solons accused the opposition of blocking its approval. 2007-02-07: Senate passes anti-terror bill on second reading MANILA, Philippines -- The Senate has passed on second reading the anti-terror bill and is expected to finalize its approval on third reading with a vote either Wednesday or Thursday. 2007-02-07: Senate passes anti-terror bill on third reading MANILA, Philippines -- (2ND UPDATE) The Senate has passed on third and final reading the anti-terrorism bill. 2007-02-06: Exemption of media, lawyers, MDs from antiterror act sought Journalists, lawyers and doctors will be exempted from mandatory disclosure of information such as communications with their sources as well as with their clients and patients under the proposed Anti-Terrorism Act.

LEGISLATIVE PROGRESS
2007-02-20: Terror, PAGCOR bills ratified MANILA, Philippines -- In a special session clouded by the news of a lawmakers death in a car crash, Congress Monday night ratified a controversial anti-terror bill which its backers say is necessary to combat terrorists linked to Osama bin Laden. 2007-02-19: Palace thanks lawmakers for heeding call for special session MANILA, Philippines -- Ahead of the start of Congress special session Monday, Malacaang thanked lawmakers for responding to its call to approve key legislation, particularly the antiterrorism bill.

EXECUTIVE SUPPORT FOR THE ANTI-TERROR BILL


2007-02-22: The Penitents Progress WALDEN BELLO - The passage of the Anti-Terror Bill -- now incongruously rebaptized the Human Security Act of 2007 -marks the end of Gloria Macapagal-Arroyos penance for

CURRENT EVENTS
(January-August 15, 2007)

withdrawing the Philippine military contingent from Iraq following the kidnapping of Angelo de la Cruz in July 2004. 2007-02-21: Arroyo: Antiterrror law will sustain momentum vs Abu Sayyaf MANILA, Philippines -- President Gloria Macapagal-Arroyo on Tuesday urged Congress to strike while the iron is hot and send the approved antiterrorism bill to her so she can sign it into law so that we can have uninterrupted momentum in our fight against terror. 2007-02-20: Govt can finish off Abu Sayyaf, keep borders terror-free MANILA, Philippines -- President Gloria Macapagal-Arroyo thanked Congress for approving the anti-terrorism bill, saying once enacted, the measure would enable government to finish off the Abu Sayyaf and keep the countrys borders free from terror. 2007-02-20: Protesters of anti-terror bill fear their shadows--DoJ chief MILITANT groups questioning the constitutionality of the antiterrorism bill are afraid of their shadows, Justice Secretary Raul Gonzalez said Tuesday. 2007-02-08: Arroyo: Anti-terror bill passage arms govt with legal teeth MANILA, Philippines -- Elated by the passage of the antiterrorism bill, President Gloria Macapagal-Arroyo said the fight against terrorists would now have legal teeth and would make the Philippines a stronger player in the world in the fight against terror.

2007-02-20: 3 bishops assail anti-terror bill MANILA, Philippines -- Three vocal Catholic bishops on Tuesday assailed the ratification of the anti-terrorism bill, which they described as "whimsical, capricious, despotic and tyrannical." 2007-02-20: A terrifying bill EDITORIAL - THE House of Representatives accomplished a minor miracle in mustering a quorum for the special session called by President Gloria Macapagal-Arroyo. 2007-02-19: Antiterrorism bill 101 MANILA, Philippines -- Lawyer Maria Socorro Diokno cites a hostage-taking incident to illustrate what to her is the conundrum of the antiterrorism bill that is likely to overcome its final hurdle in Congress Monday before it is sent to President Gloria Macapagal-Arroyo to be signed into law. 2007-02-17: Clear and present danger to civil liberties DIRECTOR Ricardo R. Blancaflor tried to allay public doubts and fears about the antiterrorism bill recently approved by the congressional bicameral committee. (Inquirer, 2/5/07) The track record, however, of the Gloria Macapagal-Arroyo administration on issues of human rights invites so much misgiving. 2007-02-16: Antiterror law to put servant-pastors in greater danger SENATE President Manuel Villar and his wife Cynthia, a member of the House of Representatives, were there when the United Church of Christ in the Philippines (UCCP) paid tribute to Rev. Edison Lapuz, a conference minister of the UCCP. 2007-02-07: Again, terror CONRADO DE QUIROS - MANILA, Philippines--RICARDO Blancaflor, director for legal, public information and advocacy of the Anti-Terrorism Task Force, writes to try to dispel my terror over the current antiterror bill they are proposing in Congress.

OPINION AND PROTESTS


2007-02-28: Senator takes opposition to anti-terror bill to UN MANILA, Philippines -- After failing to stop Congress passage of the anti-terrorism bill, Senator Ana Consuelo Jamby Madrigal on Wednesday wrote the United Nations High Commissioner on Human Rights in Geneva asking the world body to intervene against the measures enactment and enforcement. 2007-02-24: Prelate slams Congress-approved antiterror bill MANILA, Philippines -- Even if the "sharp and mortal fangs" of the controversial Human Security Act of 2007 have been removed, a senior Roman Catholic prelate said Saturday that doubts persist about how the law, which awaits the President's signature, will be implemented. 2007-02-23: Victory MICHAEL L. TAN - Congress special session has produced mixed results. On the dark side, the lawmakers rammed through an antiterrorism bill which threatens many of our civil liberties. 2007-02-21: Communist party chief slams anti-terror bill MANILA, Philippines -- Once the anti-terror bill is signed into law, the Arroyo administration will find it easy to proscribe the Communist Party of the Philippines, and its armed and political wings as terror groups, CPP founding chairman Jose Ma. Sison warned Wednesday.

VIEW OF OTHER COUNTRIES


2007-02-24: Canada's high court strikes down antiterror measures OTTAWA -- Canada's top court quashed extraordinary security measures Friday that allow Ottawa to detain foreigners suspected of terror ties without charges for many years, saying they breach civil rights. 2007-02-08: US embassy welcomes Senates approval of anti-terror bill MANILA, Philippines -- The US embassy on Thursday welcomed the Senate's approval of the anti-terrorism bill, calling it a ''step forward'' in the global war on terror.

IMPLEMENTATION
2007-02-20: Banks to curb financial bloodline to terrorists MANILA, Philippines -- The government will soon mobilize Philippine banks, now already at the forefront of a global crusade against dirty money, to play a bigger role in curbing the financial bloodline of terrorism.

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(January-August 15, 2007)

2007-02-20: Al-Qaeda-linked groups to be outlawed under anti-terror law MANILA, Philippines -- Violent Muslim groups operating in the Philippines are expected to be outlawed when President Gloria Macapagal-Arroyo signs a long-delayed anti-terror law, an official said Tuesday. PUBLIC OFFICERS 2007-02-23: Philcomsat inquiry bares agencys guts MANILA, Philippines -- Sen. Richard Gordon fears that the Presidential Commission on Good Government has become a part of the system of spoils for incoming administrations. 2007-02-23: SC rules vs Marcos aide, Sandigan, blames PCGG MANILA, Philippines -- The Supreme Court has reversed a Sandiganbayan ruling dismissing the governments ill-gotten wealth case against Juan Tuvera, saying the aide of the late President Ferdinand Marcos had used his influence to enable his son, Victor, and his company to get a timber license. 2007-02-22: SC orders Marcos crony to pay P2M for illegal logging THE SUPREME Court has ordered a former associate of the late president Ferdinand Marcos and his son to pay P2 million in damages plus litigation costs in connection with an ill-gotten wealth case filed against them for alleged illegal logging activities in the 1980s. 2007-02-14: Gonzalez overstaying, says Salonga MANILA, Philippines -- Malacaang has been abusing its authority to appoint Cabinet secretaries in an acting capacity to circumvent confirmation by the congressional Commission on Appointments, according to former Senate president Jovito Salonga. IN RELATION TO INTERNATIONAL LAW OR BODIES

2007-02-22: ASEAN members violating declaration on migrant workers MANILA, Philippines -- Advocacy groups said the non-binding nature of an Association of Southeast Asian Nation (ASEAN) declaration intended to protect the rights of migrant workers made it possible for members of the regional bloc to continue violating these rights.

ACTIONS WITHIN OTHER JURISDICTIONS


2007-02-23: GI gets 100 years for rape, murder of Iraqi girl FORT CAMPBELL, Kentucky -- A US soldier was sentenced Thursday to 100 years in prison for his role in the rape and murder of a 14-year-old Iraqi girl and the slaying of her family. 2007-02-21: KL religious police zero in on immoral couples KUALA LUMPUR, Malaysia -- Religious police in a Malaysian state plan to deploy spies working as waiters or janitors in hotels to stop activities the authorities consider immoral, including sex between unmarried people. 2007-02-21: Dane gets 10 years for incest, pimping daughter COPENHAGEN -- A Danish man was on Tuesday sentenced to 10 years in prison for sexually abusing and pimping his 10-yearold daughter to a slew of men in a case that has shocked the Scandinavian country. LEGISLATURE

LAW-MAKING FUNCTION
2007-02-20: Senate OKs 53 bills in less than 2 hours MANILA, Philippines -- It took the Senate, meeting in a special session and working like a bullet train, less than two hours Monday to approve on third and final reading a total of 53 bills, mostly local in scope. 2007-02-20: House OKs cheaper drugs bill amid objections from drug firms MANILA, Philippines -- (UPDATE) The House of Representatives has passed on second reading a measure to bring down the cost of quality medicines amid strong lobbying by multinational pharmaceutical firms. 2007-02-19: Senate passes lemon law MANILA, Philippines -- The Senate passed on third and final reading Monday afternoon Senate Bill 2464, also known as the Lemon Law, which seeks to protect buyers of new and secondhand vehicles. 2007-02-19: House approves anti-terror bill MANILA, Philippines -- The House of Representatives, convened in special session Monday, approved the anti-terror bill amid strong objection from some lawmakers anxious about possible rights abuses. 2007-02-16: Sweet sorghum for biofuel In the Philippines today, there is great demand for biofuels. This is due to the recently passed Biofuels Law, which requires the

INTERNATIONAL BODIES
2007-02-26: WTO exec backs measure to lower drug prices WORLD Trade Organization Director General Pascal Lamy expressed support for legislative moves to lower the cost of medicines, saying this was an expression of the country's ability to change rules to answer social needs. 2007-02-26: Top UN court clears Serbia of genocide in Bosnia THE HAGUE -- The UN's top court on Monday cleared Serbia of direct responsibility for the 1995 Srebrenica genocide of Bosnian Muslims, but said Belgrade had violated international law by failing to prevent the massacre. 2007-02-26: Top UN court clears Serbia of genocide in Bosnia THE HAGUE -- The UN's top court on Monday cleared Serbia of direct responsibility for the 1995 Srebrenica genocide of Bosnian Muslims, but said Belgrade had violated international law by failing to prevent the massacre.

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use of alternative and renewable energy sources, thus reducing the countrys dependence on imported fuel. 2007-02-14: 2007 national budget to undergo line veto MANILA, Philippines -- The first-ever trillion-peso national budget, or the General Appropriations Act of 2007, is filled with last-minute insertions by the bicameral conference committee that President Gloria Macapagal-Arroyo will line veto before signing the measure into law

to a special session to allow lawmakers to ratify several pending measures, including the anti-terrorism bill. MEDICINES

LOBBY
2007-02-23: Pharmaceutical Goliaths RAUL C. PANGALANGAN - Medicines are sold at much higher prices in the Philippines than in other Third World countries -that much I knew. But I was truly shocked when I finally saw the numbers. 2007-02-23: Drug firms defend advocacy MANILA, Philippines -- It is not a lobby, it is an advocacy. This was how an official of the Pharmaceutical Healthcare Association of the Philippines (PHAP) described the groups interest in House Bill No. 6035 which seeks to lower the prices of medicines in the country. 2007-02-22: Drug firms lobbyists thrown out of House MANILA, Philippines -- Lawmakers are furious over what they call a brazen attempt by international pharmaceutical companies to block the passage of a bill seeking to reduce the prices of medicines in the country. 2007-02-22: Arroyo to drug firms: Stop lobbying MANILA, Philippines -- President Gloria Macapagal-Arroyo on Thursday said its a waste of time lobbying against the cheaper medicines bill whose passage in the House of Representatives was marred by drug firms brazen attempt to block it. 2007-02-21: Senator commends House for resisting drug firms lobby MANILA, Philippines -- Senator Mar Roxas, author of the Senate bill on lower-priced medicines, commended his House colleagues for resisting Tuesday the lobby of multinational drug companies and passing their counterpart bill on second reading on the last day of the special session. 2007-02-20: House OKs cheaper drugs bill amid objections from drug firms MANILA, Philippines -- (UPDATE) The House of Representatives has passed on second reading a measure to bring down the cost of quality medicines amid strong lobbying by multinational pharmaceutical firms.

PRESIDENT CALLED FOR SPECIAL SESSION OF CONGRESS


2007-02-19: Palace thanks lawmakers for heeding call for special session MANILA, Philippines -- Ahead of the start of Congress special session Monday, Malacaang thanked lawmakers for responding to its call to approve key legislation, particularly the antiterrorism bill. 2007-02-19: House opens special session MANILA, Philippines -- The House of Representatives opened the first of a two-day special session on Monday with only over 50 members present in the plenary. 2007-02-16: As campaign heats up, Arroyo pushes special session MANILA, Philippines -- With the campaign season starting to heat up, President Gloria Macapagal-Arroyo reiterated her appeal for warm bodies for the special session of Congress that she has called for February 19 and 20. 2007-02-13: Voters urged to shun solons who wont attend special session MANILA, Philippines -- House Speaker Jose De Venecia Jr. called on Filipino voters on Tuesday to shun in the coming elections senators and congressmen who will not attend the special session called by President Gloria Macapagal-Arroyo next week. 2007-02-10: Arroyo summons Congress to special session President Macapagal-Arroyo yesterday called for a special session of Congress from Feb. 19 to 20, even as some legislators are already either out campaigning or set to launch their reelection bids for the May polls. 2007-02-09: Arroyo agrees to call Congress special session--De Venecia MANILA, Philippines -- President Gloria Macapagal-Arroyo has agreed to call a special session of Congress so that other pending measures before it could be tackled, Speaker Jose de Venecia said. 2007-02-09: Arroyo to call special session of Congress-Palace MANILA, Philippines (2nd UPDATE) President Gloria Macapagal-Arroyo will call a special session of Congress so that lawmakers can ratify the anti-terror bill, her spokesman Ignacio Bunye said Friday. 2007-02-09: Arroyo calls special session of Congress on Feb 19-20 MANILA, Philippines -- (3RD UPDATE) President Gloria Macapagal-Arroyo issued a proclamation Friday calling Congress

MEDICAL MALPRACTICE
2007-02-07: SC rules vs doc, hospital over patients death MANILA, Philippines -- The Supreme Court has affirmed a Court of Appeals decision finding the owner of Medical City General Hospital and a member of its surgical staff liable for the death of a patient as a result of complications arising from two pieces of gauze being left in her body during an operation. INTELLECTUAL PROPERTY RIGHTS 2007-02-17: Disney loses Winnie the Pooh copyright case LOS ANGELES -- US media giant Walt Disney Co. has lost a court battle in a long-running fight over the copyright of the

CURRENT EVENTS
(January-August 15, 2007)

Winnie the Pooh character, the attorney challenging the company said Friday. 2007-02-15: Microsoft software piracy case thrown out in Russia MOSCOW -- A Russian court threw out a case on Thursday against a village headmaster from the Ural mountains region who allegedly used pirated Windows software, a judge told Agence France-Presse. Microsoft software piracy case thrown out in Russia MOSCOW -- A Russian court threw out a case on Thursday against a village headmaster from the Ural mountains region who allegedly used pirated Windows software, a judge told Agence France-Presse. Alexander Ponosov had been accused of installing the software on computers at his school in what Russian newspapers said was the first case in Russia of prosecution for using pirated goods. But Ponosov said he did not know that the software was pirated and his campaign attracted high-profile support, including from Russian officials and former Soviet leader Mikhail Gorbachev. Ponosov had faced a maximum of five years in prison under new laws in Russia, a world hub for computer, music and film piracy. The case was closed "due to the minimal damage inflicted" on Microsoft, the US computer giant that produces Windows software, Elvira Mosheva, a judge at the court in the Perm region of the Urals, told Agence France-Presse by telephone. Asked about the case at a press conference earlier this month, Russian President Vladimir Putin said: "Catching someone just because he bought a computer and threatening him with prison -- that's crap." Pirated goods are still widely available and used in Russia despite tough new legislation to protect intellectual property rights approved as part of Moscow's bid to join the World Trade Organization (WTO). 2007-02-13: Group wants RP on USTR IPR watch list for 2 more years MANILA, Philippines -- Stakeholders in the protection of intellectual property rights in the Philippines will bat for the retention of the Philippines in a United States Trade Representative watch list of IPR violators. 2007-02-08: McDo wins case on golden arches logo MANILA, Philippines -- International fast-food giant McDonalds Corp. must be jumping for joy.

conducting plebiscites in six towns and to stop the conversion of these municipalities into cities. In a petition for prohibition filed on March 27, the LCP asked the High Court to issue a writ of preliminary injunction or temporary restraining order to stop the Comelec from holding the plebiscites in these towns. The city mayors claimed that the laws converting six towns into cities should instead be nullified because the towns do not meet the income requirements for cityhood. The cityhood laws will take effect after majority of the voters in each of the six towns approve the conversion through a plebiscite. The petition, filed by LCP officers led by its president, Iloilo City Mayor Jerry Treas, named the Comelec and the municipalities of Baybay (Leyte), Bogo (Cebu), Catbalogan (Samar), Tandag (Agusan del Sur), Borongan (Eastern Samar), and Tayabas (Quezon) as respondents. The towns became cities after the enactment of Republic Act Nos. 9389, 9390, 9391, 9392, 9394, and 9398. The six cityhood bills lapsed into law after President Macapagal-Arroyo failed to sign them a month after they were submitted to Malacaang in February. The six are among the 16 towns that sought exemption from the income requirement. Congress has so far approved the cityhood laws of 15 towns despite strong opposition from the LCP. Under the Local Government Code, as amended by Republic Act No. 9009, a town should have a locally generated income of at least P100 million annually before it could be classified into a city. It should also either have a land area of at least 100 square kilometers or a population of 150,000. The six towns have annual local incomes ranging from P62 million to P82 million. The LCP had said that the conversion of towns into cities that did not meet the income requirements would drastically cut the Internal Revenue Allotment (IRA) of each city. Budget Secretary Rolando Andaya Jr. had estimated that each city would lose at least P2 million of their IRA share with the addition of new cities. 2. SC: Why charge Ocampo 20 years after? The Supreme Court has noted some defects in the criminal complaint that had been filed against Bayan Muna Representative Satur Ocampo, during oral arguments on a petition filed by the lawmaker to nullify his arrest warrant and dismiss the case. Ocampo had been charged with 15 counts of murder for the deaths more than 20 years ago of suspected military spies in a purge by the Communist Party of the Philippines in the town of Inopacan, Leyte province.

MARCH
1. Mayors group asks high court to stop polls for cityhood The League of Cities of the Philippines (LCP) is asking the Supreme Court to stop the Commission on Elections from

CURRENT EVENTS
(January-August 15, 2007)

The remains of the victims were exhumed in Leyte late last year by the military and the police. Ocampo was arrested on the strength of a warrant issued by Leyte Judge Ephrem Abando and has since been detained at the Manila Police District pending the resolution of his petition by the high tribunal. At the start of the oral arguments Friday, Chief Justice Reynato Puno said the high tribunal would determine whether one, Ocampo had used the proper remedy on his case; two, assuming that filing the petition before the Supreme Court was the proper remedy, had the accused been given due process; and three, whether murder should be included in the lawmakers rebellion case pending in Makati. Associate Justice Angelina Sandoval-Gutierrez described as "unnatural and inconsistent with the natural course of things" the emergence of relatives of the alleged victims 20 years after Ocampo was supposed to have committed the crime. "Why did it take the military 20 years to discover these bodies and the discovery coinciding with the election?" SandovalGutierrez asked Solicitor-General Agnes Devanadera who represented the government at the hearing. "Why did it take the witnesses 20 years to come out...It is highly surprising...grossly surprising...I think it is surprising that it took them 20 years. I don't understand. I am sure you don't understand why the witnesses only came out now that the petitioner [Ocampo] is running for Congress," Gutierrez said. "If a relative, your loved one is missing, aren't you going to report it immediately? Taking these relatives 20 years is so inconsistent with the natural course of things," she said. But Devanadera said the questions could be raised before the lower court. "It is difficult at this point to take the cudgels in explaining." But Gutierrez countered, You must have been prepared to answer these questions. Associate Justice Romeo Callejo asked Romeo Capulong, Ocampos lawyer, whether he had browsed through the complaint. Capulong admitted that they did not have the time to go over the complaint. Callejo said that since there were 15 counts of murder committed on different occasions, there had to be separate information for each count. One information can be filed unless the crime is a special complex crime, said Callejo. Since the military is treating the case as an ordinary crime, 15 separate information or complaints should have been filed under the law, said Callejo. The high tribunal also asked Capulong whether he could justify the claim of his client that the multiple murder charge was political in nature and should therefore be merged with his rebellion case before a Makati court.

Associate Justice Dante Tinga pointed to a portion of the information sheet that cited the purging activities of the Communist Party of the Philippines, which he said could be considered as an activity that was political in nature. In response to Tinga, Capulong said, I am now enlightened. Earlier in the day, Capulong told the High Court that the multiple murder case against Ocampo was "a classic example of concocted case using incredible evidence." Capulong said that the Leyte prosecutor had ignored a similar case with similar facts and witnesses were dismissed by the regional trial court. During the questioning, however, the high court justices had asked Capulong why he went directly to the Supreme Court when there were other remedies, including an appeal before the Department of Justice, Court of Appeals, among others. Capulong countered that there were several instances when the high court took exception. Ocampo had filed a petition for certiorari before the Supreme Court seeking to invalidate the arrest warrant issued by Abando of Branch 18 of the regional trial court in the town of Hilongos, Leyte. Ocampo said that the case against him was fabricated, saying that he was languishing in jail when the killings took place. In the same petition, Ocampo also asked the High Court to either allow his immediate unconditional release or be in the protective custody of the Speaker of the House of Representatives or any humanitarian or religious institution. Ocampo has also been charged with rebellion before the Makati court for allegedly conspiring to oust President Gloria Macapagal-Arroyo in February 2006. 3. US, RP firms ink coal liquefaction project accords American firm Headwaters Inc. and local company H&WB Corp. have signed several agreements totaling almost $33 million that give the latter the necessary licenses to jumpstart its proposed $2.8-billion coal liquefaction project, H&WB president Antonio Ver said. Ver said the agreements signed Friday included a codevelopment funding contract, pre-front-end engineering and design (pre-FEED) study agreement, technology license agreements, basic engineering design services agreements, technical services agreements and catalyst supply agreements. A total of 10 agreements were signed, Ver said, with the technology license, basic engineering design services, technical services and catalyst supply agreements all divided into two separate agreements each: one for the direct coal liquefaction technology and indirect coal liquefaction technology, the licenses for which are held by Headwaters. The signing of the 10 agreements paves the way for the start of the second phase of the three-phase project that H&WB is working on, he said. Phase 2 contract involves process engineering design of the preFEED, technology licensing and the construction of the Fischer-

CURRENT EVENTS
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Tropsch Process Demonstration Unit (FT-PDU) or a facility that turns coal into liquid fuels. The Fischer-Tropsch co-development agreement will ensure that all existing and future improvements as well as new intellectual property rights will belong to Headwaters. Headwaters and H&WB are willing to share license revenue from the first 100,000-barrels-per-day commercial capacity at 25 percent of the cash value of the license revenue collected as return of investment to the FT-PDU program contributor/investor, excluding US government funding agency grants, Ver said. Under their technology as equity investment agreement, Ver had earlier said that Headwaters would reinvest part of the license fee into the project. This involves a total investment of $32.85 million. The proposed coal liquefaction facility is expected to yield 61,200 barrels ultra-clean fuels a day: gasoline, diesel and liquefied petroleum gas. It is also envisioned to generate 67.2 megawatts of electricity that could be channeled to the power grid. 4. SC affirms jail term for Ifugao mayor, councilors The Supreme Court has affirmed the convictions of an Ifugao town mayor and four of his councilors for illegally ordering the demolition of a government project. In a 20-page decision penned by Associate Justice Ma. Alicia Austria-Martinez, the high court agreed with the original verdict of the Sandiganbayan anti-graft court sentencing Tinoc, Ifugao Mayor Robert Tayaban and Councilors Francisco Maddawat, Artemio Balangue, Francisco Mayumis and Quirino Pana to prison terms of from six years and on month to 15 years and ordering them to reimburse the government P134,632.80. The tribunal also disqualified them from holding public office for life for violating the Anti-Graft and Corrupt Practices Act (RA 3019). The five officials were found guilty by the Sandiganbayan of bad faith and causing undue injury to the government by having the half-finished Tinoc public market demolished on August 15, 1999. The officials had claimed the market, which was funded by Cordillera Executive Board (CEB), was being built on the wrong location by the contractor, Lopez Puigong. The Supreme Court said the Sandiganbayan did not err in finding Tayaban and the councilors guilty of bad faith, noting that neither the CEB nor the contractor were informed of the municipal resolution authorizing the demolition f the market. Aside from this, Pugong testified that it was Tayaban himself who pointed out the spot where he wanted the market built. The high court said the officials failed to present evidence backing their claim that they had informed the CEB of their objections to the projects location.

"Pugong and his men cannot be blamed for ignoring the memorandum issued by petitioner[s] because the CEB is the legitimate owner of the project and its plans and specifications should be the ones followed, the ruling said. The high court also emphasized that the officials cannot "seek cover under the general welfare clause authorizing the abatement of nuisances without judicial proceedings." The petitioners had claimed the market would pose a danger to the safety and health of schoolchildren if it was built on the contested site but the court said they had raised their concerns with either the governor or the CEB but merely acted on their own. 5. DoJ reverses ruling vs PIATCo, Fraport, sets criminal raps The Department of Justice (DoJ) has reversed itself as it ordered the filing of a criminal case against officials of Philippine International Air Terminals Co. Inc. (PIATCo) and its foreign partner Fraport AG for violation of the anti-dummy law. In a 14-page resolution, Chief State Prosecutor Jovencito Zuo approved the resolution of State Prosecutor Philip Dela Cruz to file a case for violation of Commonwealth Act No. 108 or the Anti-Dummy Law against Cheng Yong, Peter Henkel, Jason G. Cheng, Jeffeson G. Cheng, Rita J. Bonifer, S. Samim, Lilia G. Cheng, Hachiman Yokol, Gil Camacho, Katherine Agnes M.C. Arnaldo, Joerg Seyffart, Marife T. Opulencia, Mary Antonette P. Manalo, Ricardo C. Castro, Jr., Hans Arthur Vogel, Dietrich F. R. Stiller, and Noemi S. Dacanay. Dela Cruz had resolved that private complainants, Lawyers Jose Bernas and Melanio Balayan, had provided sufficient evidence that warranted the filing of the case, said Zuo. "After a careful evaluation of the arguments raised in the motion for reconsideration, it is respectfully opined by this office that the same is meritorious," Zuo ruled, citing the documentary evidence which showed "that all foreign investments [into PIATCo] without using the control test to determine the nationality of the corporation constitutes 71.44 %, thereby violating the Anti-Dummy Law." The DoJ dismissed the case last year following a recommendation by the National Bureau of Investigation (NBI). But Zuo said the DoJ decided to reconsider after it agreed with the complainants that it had "failed to consider the stock ownership of Fraport in PIATCo as violation of the Anti-Dummy Law," when it turned towards the provisions of Republic Act No. 7042, as amended by RA No. 8179, otherwise known as the Foreign Investments Act. In its previous ruling, Zuo said the DoJ cited an opinion of the Securities and Exchange Commission dated Nov. 23, 1993, which allegedly resolved to do away with the strict application of the Grandfather Rule and instead applied the Control Test in determining corporate nationality for the purpose of investment. Nonetheless, Dela Cruz was persuaded to agree with Bernas' argument that "administrative interpretation of the law was at

CURRENT EVENTS
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best merely persuasive, but not controlling, for it is the courts that would finally determine what the law meant, said Zuo. Meanwhile, Justice Secretary Raul Gonzalez said the decision of the DoJ would make it easier for the government to defend its arbitration case before the International Center for Settlement of Investment Disputes (ICSID) in Washington D.C. and before the International Chamber of Commerce in Singapore, which Fraport had filed, since the case would show that the German firm had participated in several schemes, including violation of the anti-dummy law. 6. HR perfects database for rights cases, political slays The Commission on Human Rights (CHR) said on Tuesday it had perfected a database that would help the government fast-track its efforts to solve the extrajudicial killings in the country. Called the "Martus" -- a Greek word for witness database, the web-based system is expected to assist the CHR in accurately collecting and collating information from its 15 regional offices about the murders. According to Ed Diansuy, CHR spokesperson, it will also allow for an "express" prosecution and trial of cases as the agency will have quick access to data for analysis and immediate referral to the Presidential Human Rights Committee (PHRC). Diansuy said the CHR had already shared the database with the PHRC. The CHR came up with the electronic database about two years ago with the assistance of the Asia Foundation, which provided the information system, Diansuy told the Philippine Daily Inquirer, parent company of INQUIRER.net. "It has already been fine-tuned. It now provides end-users [CHR personnel] a more detailed information on certain incidents," he explained. He said such a development would prove to the public that the government was not sitting on the reported extrajudicial killings. The human rights group Karapatan has accused security forces of killing more than 800 political activists since President Macapagal-Arroyo took office in 2001. The Inquirers tally lists 296 militants and 50 journalists killed during the period. 7. Auditors powers seek to overturn Garcias contract

In their 16-page comment to the Supreme Court, the COA officials manifested their disagreement with the lower courts decision on the grounds that it was patently erroneous and is tainted with grave abuse of discretion and authority of the presiding judge. State auditors also asked the high tribunal to render all contracts that had already been entered into by Garcia that did not have the approval of the Provincial Board as improper and unlawful. The COA officials, along with Garcia, were respondents of the petition for review filed by opposition Board Members Gabriel Luis Quisumbing, Estrella Yapha, Victoria Corominas and Raul Bacaltos on November 22, 2006. The four board members, through their lawyer Bernardito Florido, brought the COA officials to court for allegedly failing to act on the erroneous decision of the court. The board members said the COA should have filed a motion for reconsideration against Econgs decision as soon as the judge made the ruling. Aguilar, Hilayo and Ursal insisted in their belief that a prior approval was needed to enter into contract, as stipulated in Section 22 of the Local Government Code. Their position runs contrary to the opinion of the Office of the Solicitor General (OSG). The OSG earlier stated in a comment to the lower court that there is no need for a governor to ask for prior approval from a provinces provincial board. The opinion of the OSG was made as one of the bases of the lower court to grant Garcias petition for declaratory relief. The OSG is yet to submit their comment to the Supreme Court. Solicitor General Agnes Devanadera asked the high tribunal on March 13 to grant her office another 10 days to file their comment. The OSG merely expressed a general statement in their comment on the legal issue presented and may not (have) looked into the exact factual and legal circumstances surrounding the issue, stated the COA officials in their comment to the petition for review, which was received by the Supreme Court on March 20. They said that the view of the OSG would have been different had it been afforded the opportunity to examine their pleadings filed in the lower court. The respondents asked the Supreme Court to interpret Section 22 of the Local Government Code that there should be a prior authorization by a local government units body of legislators before a local chief executive enters into a contract. They said that Section 346 in relation to Section 306 of the Local Government Code is not an exception to the required prior authorization under Section 22 of the Local Government Code, since it pertains only to disbursements of funds from the enacted budget.

The Commission on Audit in Central Visayas (COA-7) has asked the Supreme Court to reverse the decision of a lower court that supported Cebu Governor Gwendolyn Garcias practice of entering into contracts without prior authorization of the Cebu Provincial Board. Delfin Aguilar, COA cluster director for the Visayas local governments; Helen Hilayo, regional cluster director; and Roy Ursal, regional legal and adjudication director, disagreed with the July 11, 2006 decision of Judge Geraldine Faith Econg of the Regional Trial Court Branch 9, which granted Garcias petition for a declaratory relief.

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Governor Garcia filed a declaratory relief in 2005 questioning the annual audit report of COA for 2004. The COA had stated that the P102,092,841 in contracts entered into by the governor was illegal. 8. Pork used to buy overpriced fertilizer

One of the groups, which calls itself the Masaganang Ani Para sa Magsasaka Foundation Inc. (Mamfi), received P12 million in funding from Umalis Priority Development Assistance Fund (PDAF), another euphemism for the pork barrel. The project was supposedly for selected municipalities of the third district of Nueva Ecija, which Umali represents. 9. Negros farmers get land, finally

Pork barrel funds were used to purchase more than 3,000 bottles of liquid fertilizer that were overpriced by as much as P1,450 per bottle and 15 units of irrigation pumps that cost about P500,000 more than their actual price per unit. The funds, from the pork barrel allocation of Nueva Ecija Rep. Aurelio Umali, went to two groups claiming to represent the interests of farmers in Nueva Ecija, according to copies of agreements and project proposals furnished the Philippine Daily Inquirer. The pork barrel is an appropriation in the national budget that funds the pet projects of members of the House of Representatives and the Senate. It is a known source of kickbacks. Projects funded by Umalis pork barrel were not among the pork expenditures attended with anomalies that were monitored by the Caucus of Development NGO Networks (Code-NGO) in its first installment of PDAF Watch. The Code-NGO report, which covered 68 road projects and seven information technology projects, was released to the media on Wednesday.

After 11 years of waging battle in the courtroom and on the streets, 57 of the 122 farmer-beneficiaries of a sugarcane plantation in Negros Occidental subjected to land reform were finally installed Thursday in a portion of the area in the face of stiff resistance by another group of farmers. This is a victory not only for us, but also for all the farmers and the poor in the country, Eledelyn Paclibar, 55, said in an interview inside the tent the farmers had pitched outside the Department of Agrarian Reform office in Quezon City to call attention to their plight. Paclibar and 17 other beneficiaries hailed the installation which was led by Agrarian Reform Secretary Nasser Pangandaman. The event took place on the 29th day of their hunger strike. As a goodwill gesture, they lifted their fast in the afternoon.

Blessing This is a blessing that we have not expected, Gregorio Paclibar, 71, said, a smile forming on his lips.
Were happy about it. We just wished it didnt take a hunger strike to get us installed. But were happy just the same, Florenda Hilario, 48, who had just returned from the hospital at dawn Thursday after being treated for dehydration, said. In La Castellana, tension remained high after unionized farm workers identified with landowner Roberto Cuenca vowed they would rather die than let the farmers identified with the militant peasant group Task Force Mapalad possess the contested land. They also threatened to burn down houses that would be built by the newly installed farmers. After this, will the government be able to keep the peace here? The people are faced with an uncertain future, a worried town parish priest Fr. Rolex Nueva said. The 57 farmer-beneficiaries, who were among the 122 that were given certificates of land ownership awards (Cloas) in 2002, were personally installed in a small portion of the 400hectare sugar estate by Pangandaman.

Name names
Reelectionist Sen. Panfilo Lacson of the Genuine Opposition said Code-NGO should name the members of Congress whose pork barrel allocations were used to fund overpriced personal computers and poorly built or nonexistent roads. Lacson said it was important to have the names of erring lawmakers revealed so the people could judge them through the ballot. They should go to jail and not Congress for stealing the funds of the government, said Lacson, who has left his pork barrel allocation untouched. For his part, TEAM Unity senatorial candidate Prospero Pichay called for the investigation of the implementing agencies involved in the misuse of the pork barrel. The use of projects to improve farm productivity to justify the release of taxpayers money through the lawmakers pork barrel went on even after a Senate committee found irregularities in the use of more than P700 million for agriculture during the 2004 election campaign. Copies of project proposals and fund releases furnished the Inquirer showed that two groups closely associated with Umali benefited from the legislators pork barrel in projects that involved overpriced fertilizer and irrigation pumps.

Tense negotiations The farmers were installed after hours of tense and protracted negotiations with leaders of the unionized farmhands that have refused to let the farmer-beneficiaries enter the farm.
Before the installation, a melee erupted as the unionized workers began throwing stones at the land reform beneficiaries. The farmhands and their families, estimated to be about 200, some weeping and shouting invectives at the beneficiaries and

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the police, had formed a human barricade as early as 6 a.m. at the entrance of the hacienda. Pangandaman, who arrived at the site before 8 a.m., and the police tried to negotiate for the peaceful entry of some 100 TFM beneficiaries so they could be installed in the lots awarded to them in 2002 by the government. But the unionized workers refused to budge until about 10:30 a.m. when some of the enraged workers broke the line and began throwing big stones at the TFM members that had massed at the entrance of the farm. Policemen, carrying riot shields and sticks, moved in to push back the human barricade and formed a shield for the farmer beneficiaries. The police quickly rounded up some 30 male workers who were believed to be responsible for the stone-throwing incident.

could not claim that it was an inflagrante delicto arrest because the suspect was not committing any overt crime but was simply crossing the street when nabbed by police in Malate on May 17, 1996. It is simply not allowed in free society to violate a law to enforce another, especially if the law violated is the Constitution itself, the high court said in its March 16 decision. Those who are supposed to enforce the law are not justified in disregarding the rights of the individual in the name of order. Order is too high a price for the loss of liberty, the high court said in its March 16 decision. Quoting the late American Justice Oliver Wendell Holmes, the high court said it is less evil that some criminals should escape than that the government should play an ignoble part.

Enforcing the law The beneficiaries who had camped outside the DAR building in Quezon City thanked Pangandaman for enforcing the law and apologized to him for the sharp remarks they had uttered over his previous failure to install them and the rest of the beneficiaries.
They also thanked the Catholic bishops who appealed to President Gloria Macapagal-Arroyo to have the farmers installed, and other members of the church, students, artists, who showed up at the tent to try to boost their morale, and said prayers. The farmers camped outside the DAR office on Feb. 20 and started skipping meals the next day in protest of Pangandamans failure to install them a number of times since late last year. After the secretary failed yet again to install them on March 8, they vowed to fast till death. The DAR placed the farm under the Comprehensive Agrarian Reform Program in 1996. Cuenca went to court to question the decision. In 2002, the department granted the 122 beneficiaries a collective certificate of landownership award on 114-ha. Two years later, the Supreme Court ruled that all controversies pertaining to agrarian reform fell under DARs jurisdiction, clearing the way for the installation. 10. SC upholds acquittal of drug suspect, scolds cops With a stern warning to law enforcers to respect the rights of people they are arresting, the Supreme Court upheld the acquittal of a Hong Kong national arrested without a warrant in Manila allegedly for possessing more than 29 kilos of shabu or metamphetamine hydrocloride, an illegal drug. In affirming an earlier ruling of a Manila regional trial court, the high tribunal said the warrantless arrest of businessman Lawrence Wang in 1996, as well as the subsequent warantless search of his car was illegal. The court said the arresting officers led by Sr. Insp. Lucio Margallo of the Public Assistance and Reaction Against Crime unit of the Department of Interior and Local Government (DILG)

Outrightly dismissible
The Court also faulted the government for seeking the wrong remedy when it filed a petition contesting Wangs acquittal by Manila RTC Judge Perfecto Laguio based on a question of law. In its petition, the government said the RTC erred in declaring Wangs arrest and search illegal because he (Wang) had agreed to the search and thereby waiving his right against unconstitutional search and seizure. For being the wrong remedy taken by petitioner People of the Philippines in this case, this petition is outrightly dismissible. The Court cannot reverse the assailed dismissal order of the trial court by appeal without violating private respondents right against double jeopardy, it said. But it added that even if it admits the governments appeal, the petition would still be dismissed based on its merits. The high court junked the governments claim that Wang had waived his rights against unreasonable search and seizure, saying the evidence showed otherwise. Passive conformity under intimidating or coercive circumstances is no consent at all, the court said. Police had arrested Wang following the arrest of two of his employees at the Glamour Modeling Agency for selling shabu. The two did not disclose their source of shabu, but named Wang as their employer. Police later approached Wang as he came out of his apartment, then proceeded to frisk him and search his car. They reportedly found the shabu, two unlicensed firearms, P650,000 cash and an electronic mechanical scale. He was charged with drug possession, illegal possession of firearms, and violation of the Comelec gun ban before the Manila RTC. In court, Wang argued that there were no valid arrest and search warrants and the evidence against him were inadmissible. The Manila RTC later granted his demurrer to evidence, effectively acquitting him of the charges

APRIL

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3. 1. Election Abalos law must prevail over culture, says

PCGG loses Philcomsat reins

Amid reports that minors were able to vote in Maguindanao province, the Commission on Elections (Comelec) said Monday the law must prevail over cultural practices in election matters. Comelec Chair Benjamin Abalos Sr. said individuals under 18 who might be allowed by their culture to vote were still covered by the law fixing the minimum voting age at 18. They may have their culture different from us but their culture should come within the law, Abalos said. Our laws say you have to be 18, even among Muslims. Reports from Maguindanao said that some people as young as 16 were able to vote in the recent elections. Some Muslim officials said this was allowed under Sharia law. Abalos conceded that it was difficult to check the actual age of young voters showing up in precincts in Maguindanao as the province lacked a birth registry. Considering that we have no records of births there, we can never say (how old they are), he said. Especially if they are with their mothers -- mother might say you are not the one who gave birth to him/her, why do you know better than I do? Abalos said. Then you have nothing to disprove that he or she is not 18 years old, he added. In such cases, Abalos gave election officials the widest discretion to determine whether one was old enough to vote. The issue of minors voting in an election was one of a swarm of poll cases that have confronted the Comelec. 2. Gov't plans agriculture economic zones

After almost two decades of a protracted legal battle, five families have regained control of the Philcomsat Holdings Corp. (PHC), a cash-rich P1.5-billion company with no debt. In an April 12 ruling, the Makati Regional Trial Court handed over full ownership and control of PHC to its rightful owners, evicting the board representing the Presidential Commission on Good Government (PCGG). Armed with a writ of execution, representatives of the five families on Tuesday tried to evict from the second floor of the Pacific Star building in Makati City -- the entire floor is owned by PHC -- the PCGG-appointed PHC board, but the office was closed and nobody was around to receive the writ. Apparently, their staff didnt report for work today, according to security officer Samuel Abletes. Philcomsat phone calls have remained unanswered since this morning, said a building receptionist.

Valid board
The April 12 order issued by Judge Zenaida Galapate-Laguilles of the Makati RTC Branch 138 was the formal execution of an Oct. 14, 2006 ruling by the same court that nullified the elections of the PCGG board headed by Enrique Locsin in 2004. That board consisted of Locsin, Julio Jalandoni, Manuel Andal, Luis Lokin Jr., Manuel Nieto Jr., Roberto V. San Jose, Philip Brodett, Oliverio Lapaeral, Benito Araneta and Roberto Abad. The judge recognized as valid the board headed by Victor V. Africa with members Erlinda Ilusorio-Bildner, Katrina PonceEnrile, Honorio Poblador III, Fedrico Agcaoili, Sylvia Ilusorio and Jose Ozamiz. The decision settled for the time being a long-standing quarrel among shareholders for control of three companies -- the PHC, the Philippine Communications Satellite Corp. (Philcomsat), and the Philippine Overseas Telecommunications Corp. (POTC). PHC is 80-percent owned by Philcomsat, the satellite technology pioneering company. Both companies in turn are owned by POTC whose shares were sequestered by the Aquino government in 1986 on allegations that these were acquired with ill-gotten wealth. The POTC is 35 percent owned by the government through PCGG. Africa is the president of the POTC. After bolting the Locsin board, Nieto allied himself with the stockholders headed by Africa and together the group of five families -- the Nietos, the Illusorios, the Pobladors, the Africas and the Ponce Enriles -- called themselves the Group of 5.

THE GOVERNMENT is considering setting up economic zones mainly for agricultural businesses in an effort to create new avenues for investments and take advantage of the country's idle but arable lands. Trade Secretary Peter B. Favila said in a briefing that he had taken up the matter with Agriculture Secretary Arthur C. Yap and has broached the subject verbally with President Gloria Macapagal-Arroyo, whom he said was "supportive" of the idea. "Guidelines for this are being prepared, which of course would go through the standard process of approval," Favila said. He explained that the planned investment zones would be similar to existing special economic zones, at least in terms of creation."There would be a different set of incentives and comeons to attract local and foreign investors," Favila said. The trade chief added that the initiative was primarily aimed at boosting economic activities and development in Mindanao. "Such investments and projects may include processing (of agricultural, food and other products) as well as integrated operations," he said.

Group of 5 Agcaoili is with the Ilusorio group which includes sisters Erlinda and Sylvia, while Ozamiz is an independent director representing minority shareholders -- numbering about 2000, or 20 percent -- of PHC. The Group of 5 families should be the one running [the company]...The group is in control of POTC. Whoever controls Philcomsat controls PHC, said Bildner in an interview.
Contacted by phone, PCGG Commissioner Ricardo Abcede declined to comment on the new developments at PHC.

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As head of the PCGGs asset management division, Abcede has oversight responsibility over 261 sequestered firms, including the Philcomsat group. According to counsel Lorna Kapunan, the new PHC board, headed by Bildner, would file the appropriate criminal and civil charges against the responsible erring PCGG agents, including recovery of 21 luxury vehicles, as well as a yacht. Sen. Juan Ponce Enrile, one of the founding shareholders of Philcomsat, had caused a Senate investigation last year into the alleged dissipation of PHC assets by its board, including representatives of the PCGG. Accusations of financial irregularities have failed to ruffle Abcede. 4. Tribe OKs draft accord on TVI exploration

President Gloria Macapagal-Arroyo issued Executive Order 210 while Department Order 36 was issued by the Department of Education to implement the Presidents executive order. In a 24-page petition for certiorari, prohibition with preliminary injunction, the group, led by retired Supreme Court associate justice Isagani Cruz, said EO 210 was "anti-poor and alienates Filipino school children from their Filipino heritage." They said the continued teaching of English pursuant to the EO and its implementing order would only make pupils "functional illiterates." "The EO and the implementing order deprives school children coming from the lower socio-economic classes of the desired benefits in education for it has been shown that due to poverty, such school children receive very little public education, or a poorer quality of education than that available to rich families," the petitioners said. Citing government and institutional studies, petitioners said that children in grade schools would learn faster if they would be taught in Filipino. They are also apprehensive that by teaching English, pupils will be alienated from their own cultural heritage, thus creating a generation of young people who have no cultural values. Thus, petitioners said EO 210 and Department Order 36 were unconstitutional. The EO was promulgated on May 17, 2003 (Establishing the Policy to Strengthen English as a Second Language in the Educational System) while Department Order No. 36 was issued as its implementing rule. Under the order, English should be used as primary medium of instruction in all public institutions at the secondary level while Filipino would only be used in the learning areas of Filipino and Araling Panlipunan. "The provisions of EO 210 and DepEd Oder No. 36 that English shall be taught as a second language starting with the first grade violates the above-quoted provisions of the Constitution since Filipino is actually only the second language in nonTagalog areas. The EO thus subverts the present status of Filipino in non-Tagalog areas, and violates the constitutional injunction that regional languages shall serve as auxiliary media of instruction," the petitioners said. They added the 1991 report of the Congressional Commission on Education which recommended that the vernacular and Filipino should be the medium of instruction for basic education. Through this, DepEd implemented in 1991 and 1998 a program for the development of instructional materials in Filipino and by the year 2000, all subjects except English and other languages were taught in Filipino 6. No stopping PNCC-Radstock deal

TVI Resource Development (Philippines) Inc. said it had agreed with the Subanen tribe of the southern province of Zamboanga del Norte on the terms of an agreement that would allow mineral exploration on ancestral lands. TVI said in a statement that the draft agreement spelled out the terms and conditions that would govern an exploration project in Tamarok village in the town of Jose Dalman. The company is mining for gold and silver in the Canatuan area of nearby Siocon town. It is also preparing for extraction of copper and zinc in the area. In a telephone interview, TVI public affairs officer Rochelle Hilario said an agreement would be signed after a review and approval by the National Commission on Indigenous Peoples, which oversees implementation of the Indigenous Peoples Rights Act. A decision meeting that resulted in the final draft of the agreement capped a series of talks under a free, prior and informed consent process that the law requires, she said. TVI said the draft included provisions requiring it to come up with an environmental work program in line with the rules and regulations of the Bureau of Mines and Geosciences; a program on social services, economic and community development; and an educational assistance program. The company and the tribe also agreed to include provisions on employment; on reentry of the Subanen to their original landholdings when TVIs mineral production sharing agreement with the government ended; and restoration and compensation of affected or damaged properties.

5.

SC asked to nullify directives on English as teaching medium

Educators, led by the Wika ng Kultura at Agham Inc. (WIKA), have asked the Supreme Court to nullify two government directives that required the teaching of English to children starting in the first grade in public and private schools.

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Critics and proponents of the controversial deal between staterun Philippine National Construction Corp. (PNCC) and the British Virgin Island-based Radstock Securities Ltd. agree that PNCC had shot itself in the foot in recognizing a multibillionpeso debt that had become unenforceable. The decision of the PNCC board on October 2000 to recognize P10.7 billion in obligations to Japans Marubeni Corp., which had prescribed four years earlier, is cited by all parties as the strongest argument for the deal. That amount has grown to almost P18 billion with interest and penalties. Senator Franklin Drilon suspects that the decision to revive a dead obligation may have been done deliberately to benefit Radstock. His objections to the deal derailed the renewal of PNCCs franchise in the Senate late last year. In my long experience in government, things like these dont happen by coincidence, he said. In my experience, compromises of these amounts in a government corporation cannot be cleared without the knowledge of Malacaang. At Senate hearings in December 2006, PNCC chairman Arthur Aguilar said government auditors had never acknowledged the existence of the obligation to Marubeni. On the balance sheet made by the Commission on Audit, the Marubeni claim was never there nor was it in a contingent account, he replied to questions by Senator Sergio Osmea III. Aguilar said, however, that the auditing firm of Punongbayan and Araullo had included the account in the pro-forma balance sheet it prepared. At the hearing, PNCC senior vice president for finance Miriam Pasetes said the obligation was never acknowledged in the past. It is not an obligation of PNCC, she said, explaining that the debt was actually obtained by the companys defunct subsidiary. That is why it is not reflected in the financial statements. When asked by Osmea whether PNCC recognized the debt as a contingent liability, because of the questionable guarantee given by PNCC, Pasetes replied: It is not contingent. There was no footnote to that effect. The now-defunct Asset Privatization Trust sought opinion of the Feria and Feria Law Office for the privatization of PNCC in early 2000, and the law firm recommended that the obligation to Marubeni be recognized. The PNCC board later adopted this position even without seeing a copy of the Feria opinion, which ran counter to the recommendation of government lawyers at that time. Aguilar later explained that the recognition was made in the interest of increased transparency and boosting the chances of PNCCs privatization. Doesnt it make it worse if youre privatizing and then you recognize this huge obligation? Drilon asked during the hearing.

Yeah, Aguilar said. I cannot answer that one, Mr. Chairman. When sought for his side on the issue, Aguilar declined to comment, saying he was now only acting chairman of PNCC, given his new duties as president of the power grid operator National Transmission Corp. Like Radstock director Carlos Dominguez, Aguilar cited the possible breach of sub judice rules for declining to speak on record. However, PNCC officials did provide briefing materials explaining the compromise deal as they saw it. Senior officials, all of whom spoke on background, almost unanimously describe the decision to recognize the Marubeni debt as water under the bridge, and try to convey the present managements position as one of trying to make the best out of a bad situation. The best thing that could happen to PNCC and for the government is for the deal to be struck down by the courts, they concede privately. If we fight this out in court, PNCC could lose everything, said one senior PNCC official, citing a recent opinion of the Office of the Government Corporate Counsel (OGCC) that the state had only a 50-50 chance of success. With the compromise agreement, something will be left for us.

All now on one side


Drilon looks askance at the most recent OGCC opinion, saying the state counsels reversed themselves after weighing in against the transaction. At this point, there is no one left standing in the way of this deal, he said, while shaking his head. Everyone is already on the same side, pushing for it. Drilon and former PNCC chairman Luis Sison -- another staunch critic of the compromise agreement -- acknowledge that their only hope to stop the deal is for the Supreme Court to nullify the transaction. The senator said that the deal involves public interest where the government will be left holding the bag. The government is prejudiced because [PNCC and Radstock] converted an unsecured debt into a superior lien by entering into a compromise agreement, he explained. [Radstock] may say that it is a purely business transaction, but it can be nullified on the basis of being contrary to public policy, Drilon said. This is immoral.

7.

Govt to sell San Miguel, Meralco shares

Faced with a tax collection shortfall, the government hopes to sell its shares in beverage and food conglomerate San Miguel Corp. and power retailer Manila Electric Co. (Meralco) before the end of the year to generate at least P55 billion, Finance Secretary Margarito Teves said Monday.

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He said that based on initial valuation the governments stake in San Miguel was worth about P50 billion and in Meralco, about P5 billion. Teves said the national governments lower-than-expected revenue collection in the first quarter of the year forced officials to turn to alternative sources of revenue to ensure that the budget deficit this year would not exceed the target limit, set at P63 billion. We are hopeful that we will be able to sell these assets within the year, Teves said in a news briefing Monday. Teves reported Monday that the national government recorded a budget deficit of P52 billion in the first quarter, compared with a target limit of P45.8 billion for the period, as revenue collection fell short of target. The governments shares in San Miguel includes a block representing 24 percent of the company held under sequestration as part of ill-gotten wealth of the late dictator Ferdinand Marcos and his cronies, and a seven-percent block owned by the pension fund Social Security System (SSS). In Meralco, the national government, the pension fund Government Service Insurance System, the SSS and stateowned Land Bank of the Philippines together own 28 percent, Teves said.

In their complaint, Kua and Banayo cited the IA technical committee report of June 2005 which rejected the proposed structure because it was not in accordance with the architectural standards meant to preserve the heritage site. A presidential decree says all buildings in Intramuros must conform to 16th to 19th century Philippine-Spanish architecture. Initially, Barbers wanted to construct the stadium inside the walls of Intramuros, along Victoria Street and Revellin de Recolletos. The committee said the stadium would obstruct the view of the walls and will not contribute to creating the ambiance the administration was trying to create -- of Intramuros in the 1890s.

Site moved to driving range


Despite the ruling, approved by the IA board in May 2006, the complainants said Barbers still entered into a memorandum of agreement with a private contractor although he eventually decided to transfer the site of the sports complex to the Club Intramuros driving range. According to Kua and Banayo, the transfer did not have the approval of the IA or the board of the Philippine Tourism Authority. They questioned why Barbers did not call for a new bid but awarded the new contract to the same private contractor, under the same terms and conditions, and at a price way above the P9 million allotted for the project. Meanwhile, Barbers said he welcomed the filing of charges on the construction of the PTA sports complex to prove once and for all that the actions done for this project were above board and based on a strong legal foundation. 9. SC chief says war on terror mindless

8. Graft stadium

raps

filed

Barbers

over

Intramuros

A graft complaint was filed Monday in the Office of the Ombudsman against Philippine Tourism Authority general manager Robert Dean Barbers for desecrating the 400-yearold walls of Intramuros. The complainants -- former PTA general managers Nixon Kua and Angelito Banayo -- accused Barbers of recklessly putting to naught the historical value and importance of the historic Walled City by ordering the construction of a sports complex adjacent to the ancient walls despite disapproval by the Intramuros Administration (IA). The complainants asked for Barbers suspension to prevent him from terrorizing witnesses to what they said was a saga of grave misconduct in the conceptualization and bidding of the project. Barbers, however, defended the erection of the P25-million stadium on a portion of the golf course of what is now Club Intramuros as valid and legal. He said it had the approval of Tourism Secretary Joseph Durano. I assure the public that the design of the sports complex will be harmonious with the priceless heritage and architectural beauty of the Walled City, Barbers said in a statement. He also said the walls would not be harmed by the construction work. Barbers accused Kua and Banayo, his predecessors, of political grandstanding.

Supreme Court Chief Justice Reynato Puno has denounced as mindless the war on terrorism, saying the US strategy to root out terrorists anywhere has led to violations of human rights in the Philippines. In an impassioned plea for respect of human rights, the countrys top jurist also warned that a state hobbled by credibility problems and corruption would not be able to protect civil liberties. The war on terrorism has inevitable spillover effects on human rights all over the world, especially in countries suspected (of) being used as havens of terrorists, Puno said. He added this had led to the taking of legal shortcuts. These shortcuts have scarred the landscape of [human] rights in the Philippines, he said. The United States has hailed the Philippines as a major ally in its war on terror in Asia and has been training Filipino troops in the campaign against foreign-backed extremists operating in southern Philippines. The threats to our national security and human rights will be aggravated if we have a state weakened internally by a

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government hobbled by corruption, struggling with credibility, battling the endless insurgence of the left and the right, and by a state weakened externally by pressure exerted by creditor countries, by countries where our trade comes from, by countries that supply our military and police armaments, Puno said. A weak state cannot fully protect the rights of its citizens within its borders just as a state without economic independence cannot protect the rights of its citizens who are abroad from the exploitation of more powerful countries. Puno spoke at the commencement exercises of the University of the East last week, and a copy of his speech was e-mailed to reporters by the Supreme Court information office.

pointing out that terrorism tended to draw attention because of the cinematic impact of violence.

Lesson from history


If there is any lesson that we can derive from the history of human rights, it is none other than that these rights cannot be obliterated by bombs but neither can they be preserved by bullets alone, Puno said. Puno said that in the wake of the Sept. 11, 2001 terror attacks, the United States -- the worst victim of terrorism -- pursued a strategy of bruising aggressiveness that sent legal observers wondering. He said the effects of US actions had spilled over to the Philippines. He pointed out that the US did not even wait for the United Nations to act and instead launched attacks against terrorists wherever they could be found. In less polite parlance, the search and destroy strategy gave little respect to the sovereignty of states and violated their traditional borders, he said. He added that this strategy trampled on the basic liberties of suspected terrorists, for laws are silent when the guns of war do the talking.

Eliminating the evil


Puno said that terrorism was terrible enough but the mindless, knee-jerk reaction to extirpate the evil is more discomforting. He added that the quickie solution is to unfurl the flag, sing the national anthem, and issue the high-pitched call to arms for the military and the police to use their weapons under the theme victory at all costs. He said laws limiting individual rights in the name of state security had been passed. To put constitutional cosmetics to the military-police muscular efforts, lawmakers usually enact laws using security of the state to justify the diminution of human rights by allowing arrests without warrants, surveillance of suspects, interception and recording of communications, seizure or freezing of bank deposits, assets and records of suspects, he added. They also redefine terrorism as a crime against humanity and the redefinition is broadly drawn to constrict and shrink further the zone of individual rights.

Legal shortcuts One visible result of the scramble to end terrorism is to take legal shortcuts and legal shortcuts always shrink the scope of human rights, he said.
Puno cited the escalation of extrajudicial killings in the country which got the attention of international groups, and reports of how the New Peoples Army rebels themselves lawlessly retaliated for such killings. Puno also said poverty was a form of terrorism. In poor countries, it is poverty that truly terrorizes people for they are terrorized by the thought that they will die because of empty stomachs and not that they will lose their lives due to some invisible suicide bombers, he said. He also said this lack of resources led to the violation of poor peoples human rights because they did not dare participate in a slow-moving justice system that would only cost them money. It does not matter exactly how many poor people there are in the Philippines, he said, citing news reports quoting the World Bank as saying 15 million people in the country survive on less than $1 a day against a government claim that only 10.5 million Filipinos live on such an amount. He said the fact was that the country continued to be beset by poverty.

RPs anti-terror law


Puno made no specific mention of the Philippines own antiterror law, the Human Security Act of 2007, which allows warrantless arrests, surveillance and seizure of bank assets, among others. His statements were the latest to emanate from a judiciary which several times in the past had expressed concern over the violation of civil liberties in the country. In previous decisions, the Supreme Court had struck down presidential or state directives involving security matters. These included President Gloria Macapagal-Arroyos imposition of emergency rule last year and the so-called calibrated preemptive response policy allowing police to break up street demonstrations. It also voided the recent arrest by the police of leftist leader Rep. Satur Ocampo. Puno also said the acts of terrorists also violated human rights but they should not be the sole focus of the peoples attention,

Everybodys concern To the unsophisticated in the esoterics of economics, this is a distinction without difference for the cruel fact is that poverty

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stalks this land of plenty and hunger is still the best food seasoning of its people, he said. Puno also said the campaign against terror had led to a massive displacement of young people from their areas. He warned: It will not take a prophet to predict that countries that cannot give decent life to their young people will serve as incubators of extremism that may end up in terrorism. Puno said protecting human rights was everybodys burden and that the apathy of fence-sitters was the worst enemy of human rights since it allowed violations to continue. The apathy of those who can make a difference is the reason why violations of human rights continue to prosper. The worst enemy of human rights is not its non-believers but the fencesitters who will not lift a finger despite their violations, he said.

For the past three years, tuition increases have been pegged to a maximum equivalent to the national and regional inflation rates. National inflation rate was 6.2 percent last year and 4.4 percent this year. But Puno said using the inflation rate had been found to be counterproductive, especially for schools charging lower rates. He said the agency planned to adopt a flexible formula, which would use absolute figures in determining tuition increase instead of percentage. It is optimistic that the rate of tuition will not shoot up. Puno said. More than 50 percent of private schools would not raise tuition higher than six percent of current rates, while 30 percent of schools will increase their fees by less than 10 percent, he said. Administrators know that it will make them commercially unviable (if they increase their fees significantly), said Puno. Private schools are losing one percent of their enrollment yearly to state universities and colleges and many schools will not opt to increase their fees despite the lifting of the tuition cap, he added. Puno cited the case in Eastern Visayas where none of the private schools have applied to raise their fees next school year. Youth groups said the lifting of the tuition limit would drive thousands of students out of school. With this policy, the government has removed whatever limited restrictions left on school owners to milk profit from parents and students who are desperate to earn a college degree, said Rizza Joy Mapa, coordinator in Panay of the Kabataan party-list group. 11. CVMR hopes to seal RP nickel deal in weeks

Right to live with dignity


He also said the fight against terrorism and the battle to preserve human rights would affect the youths right to live with dignity. It could lead to their massive displacement in areas where the fight against terrorism trampled on human rights. The rich and powerful should also not ignore the protection of the rights of the poor and powerless just because they remained unaffected, he said.

Incursions Sooner or later, they will find that they who default in protecting the rights of the many will end up without rights like the many, he said.
With the incursions and threats of incursion to our human rights at this crucial moment in our history, the clarion call to each one of us is to consecrate our lives to the great cause of upholding our human rights, Puno said. 10. Govt to remove cap on tuition increase The Commission on Higher Education (CHEd) is reviewing the tuition increase scheme to enable tertiary education institutions to remain competitive. CHEd Chair Carlito Puno noted that the tertiary educational institutions are losing their global competitiveness. He said the University of the Philippines only ranked 180th among the schools in Asia, while other top schools like De La Salle University and Ateneo de Manila University landed 280th and 400th, respectively. We need to spend more for education, said Puno. The government has lifted the ceiling on tuition increases in the tertiary level for the coming school year to improve the quality of education. The CHEd has created an ad hoc committee to study the current tuition scheme of college institutions and make the recommendations within the school year.

Canada's Chemical Vapour Metal Refining Inc. (CVMR) said on Friday it was close to finalizing a deal with Philnico Industrial Corp. to reopen the Nonoc nickel mine in the south of the Philippines. Nonoc has the capacity to produce 41,000 tonnes of nickel a year or 3 percent of world demand and its possible revival would be a major boost to Manila's goal of revving up its once lucrative minerals sector. "I am hoping it will be a matter of weeks," Camran Khozan, president and chief executive officer of CVMR, told reporters. Khozan also said CVMR would open a nickel refinery in the Philippines within five years. The privately run group has said before it wants to develop a 60,000-tonne-per-year integrated nickel mine smelter and refinery in the Southeast Asian country. The group had put an initial price tag of $3 billion on the capital cost of developing a refinery but cautioned that it was only from a pre-feasability study.

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The Philippine government gave CVMR a two-year permit on Thursday to explore a 3,757 hectare site on Eastern Samar, in the centre of the archipelago. Manila wants to attract $6.5 billion in foreign funding to revive its once-mighting mining sector, which fell into decline during the 1980s due to environmental mishaps, land disputes and lack of investment.

Gutierrez explained that taking into account the total declared income of respondent from 1994 to 2004 is P10,233, 736.86, deducting his total declared expenditures worth P4,464,870, his disposable income for 2004 would be P5,768,866.86. But in his 2004 SALN, respondent has declared his total assets (real and personal) in the amount of P14,463,901. Aside from that, further inquiry showed that Del Castillo had several undeclared properties and business interests such as the house and lot in Sta. Mesa, Manila acquired on Dec. 17, 1999 but which he declared only in his 2004 SALN. His wife also had several business interests in the Filipinas Tri Star Productions, Co., Ltd.; Colt Films, Inc.; Novastar Films, Inc.; G&L Food Services Co.; Nu Art Movies Corp.; and M&G Foodworks, Inc. Del Castillo admitted that he did not indicate in his 1999 SALN the house and lot but that as far as the companies were concerned, he said that including them was immaterial because these companies were not operational. However, investigators said Del Castillo had failed to present evidence showing that these companies were not operational. Gutierrez said Del Castillo's pronouncement that these companies in his SALN were not necessary "only confirmed the fact that the non-disclosure of the said partnerships and/or corporations was deliberate and consciously done." He also owned several vehicles including a Toyota Revo worth P879,000; a Mitshubishi Lancer worth P818,000; a Mitsubishi Pajero worth P2,750,000; a Lincoln Navigator worth P4,000,000; and a Honda 4-door Sedan worth P250,000, with a total cost of P8,697,000. Investigation revealed that all the vehicles have been spotted parked inside one of the respondent's houses and that the Lincoln Navigator was for the exclusive use of the respondent's mother-in-law. 2. Finance dept wants limit to Tax Amnesty Law coverage

Nickel
CVMR said on Thursday it had signed deals to buy nickel ore from three local firms and an agreement to buy a mining property from a fourth company. Khozan declined to name the groups or give any details of the costs but said the four agreements would produce 60,000100,000 tonnes of purified nickel per year. Geograce Resources Philippines Inc. said in Feb. that it had agreed to sell an unspecified amount of nickel ore to CVMR. Nickel is used to make stainless steel, coins and magnets and its price has soared in recent years as China seeks metals to fuel its rapid industrialisation. Philnico, Nonoc's owner, has been courted by several groups interested in re-opening the mine, which closed in 1982 due to high energy costs and low metal prices. China's Jinchuan Group and the Baosteel Group were originally meant to start a joint venture with Philnico and invest $1 billion to reopen Nonoc, which had annual production of 9,600-25,000 tonnes when it operated from 1975 to 1982. Nonoc island has more than than 144 million tonnes of nickel ore reserves, according to the government, part of the estimated $1 trillion of untapped mineral resources in the country. Philnico is 55 percent owned by Hong-Kong based Compline Resources Co., about 30 percent by Australia's Pacific Energy Ltd., and the rest by local investors.

MAY
1. Military chief accountant dismissed for dishonesty In a 29-page Decision Ombudsman Merceditas Gutierrez dismissed from service the Chief Accountant of the Armed Forces of the Philippines (AFP) for falsifying his Statements of Assets, Liabilities and Networth (SALNs) Aside from the dismissal, Del Castillos eligibility will also be cancelled, his retirement benefits forfeited and he will be perpetually disqualified from re-entering government service. Based on his SALN for the period covering 1994 to 2004, the total income he and his wife, Grace Victoria Del Castillo, earned was P10,233, 736.86. Also, he has acquired several properties amounting to P14,463,901 and had an expenditure of P4,464,870.

The Department of Finance will push for exclusion of tax evaders already charged in courts from coverage of the tax amnesty being offered by the government. Finance Secretary Margarito Teves said the Tax Amnesty Law, which took effect last Monday, should not cover tax cheats who have been charged by the Bureau of Internal Revenue (BIR). Teves said the Department of Finance, mother agency of the BIR, believed that the laws intention should be to encourage hard-to-catch tax evaders to come out in the open and pay the amnesty fee. Those that were caught and charged should not be covered. The intention was clearly stated in the original version of the tax amnesty bill, but the final version was vague on whether those with pending court cases were also covered, he said. He said this matter would be addressed by clearly stating this intention in the laws implementing rules and regulations (IRR), which were being drafted by the BIR.

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However, he said the principal authors of the Tax Amnesty Law should first agree that the law intended to exclude those with pending court cases. He said finance officials would meet with Rep. Danilo Suarez, one of the authors of the bill, to ask whether excluding those with pending court cases from the amnesty would not contradict the laws intention. The tax amnesty measure automatically became a law last Monday, or 30 days after it was submitted to Malacaang for approval. The President neither signed the bill nor vetoed it, as some had expected. Upon submission of any bill to Malacaang for signing, the President has 30 days to sign or veto it. The bill automatically becomes a law if the President does not veto it within the prescribed period. The tax amnesty bill was one of the reform agenda pushed by the Arroyo administration in 2004 to put the governments fiscal affairs in order. The Tax Amnesty Law gives qualified taxpayers immunity from suit involving tax deficiencies up to 2005 upon payment of the tax amnesty fee. The amnesty applicant should also submit a statement of assets, liabilities and net worth as of Dec. 31, 2005, which will be the basis of the computation of the amnesty fee. Following is the schedule of the tax amnesty rate: Individuals, cooperatives, foundations, and other juridical entities, 5.0 percent of net worth or P50,000, whichever is higher; Corporations with subscribed capital of more than P50 million, 5.0 percent of net worth or 500,000, whichever is higher; Corporations with subscribed capital of P20 million to P50 million, 5.0 percent of net worth or P250,000, whichever is higher; Corporations with subscribed capital of between P5 million and P20 million, 5.0 percent of net worth or P100,000, whichever is higher; Corporations with subscribed capital of below P5 million, 5.0 percent of net worth or P25,000, whichever is higher. 3. PCCI urges changes in economic laws

Washington SyCip, founder of the auditing firm of SGV & Co. and also a member of the PCCI advisory council, suggested that an economic body of technocrats be formed, which would administer the economic sector without going through the delays in Congress. This body maybe something similar to a central bank that could quickly respond to changes in the economic landscape, SyCip said. Its actions should be put under review by Congress within a year or two to see whether these [are appropriate]. Congress takes eight years or so to make changes, by which time the economic landscape has changed yet again, he added. We need something that could act quickly. At the PCCI general membership meeting, the council also put forward the following legislative agenda that the group could pursue: For improved infrastructure, which is an urgent concern among international investors, the PCCI would support a House bill that promotes efficient and effective delivery of converging communications services; the creation of a Department of Information and Communication Technology; and the passage of a Renewable Energy law. For a healthy financial system, the group would support a Senate bill that provides for the rehabilitation or liquidation of financially distressed enterprises; rationalization of fiscal incentives; and passage of a pre-need law. 4. CA upholds NWRBs authority to stop water rate hike

The Court of Appeals dismissed a petition filed by Maynilad Water Services questioning the jurisdiction of the National Water Resources Board (NWRB) to hear a water rate hike complaint. In an 11-page decision penned by Associate Justice Manuel Gonzalez-Sison, the appellate courts 15th Division said the NWRB has regulatory and adjudicatory power over public utilities. Maynilad sought an increase in the water tariff rate on November 23, 2003 after suffering financial difficulties. A day later, the Metropolitan Waterworks and Sewerage System (MWSS)-Regulatory Office approved the increase, which was implemented on January 1, 2005. Citing a lack of public consultation, the Center for Popular Empowerment, Kongreso ng Pagkakaisa ng Maralitang Lungsod (KPML), Kapisanang Panlipunan ng Commonwealth, Quezon City, together with other subscribers, asked the NWRB to stop the water rate hike. The NWRB dismissed Maynilad's petition. Maynilad then elevated the case to the appellate court. It asked to dismiss the complaint, saying the NWRBs jurisdiction was limited to the review of water tariff rates imposed by public utilities, but not by MWSS concessionaires.

The Philippine Chamber of Commerce and Industry (PCCI) called on the next Congress to convene as a constituent assembly to amend economic provisions of the Constitution. Cesar Virata, a former prime minister and finance minister who is now a member of the PCCI council of advisers, said the removal of barriers to entry of foreign investments, for instance, was necessary to ensure the countrys competitiveness in a globalized economy. Since foreigners cannot take the land away, I see no reason for them to be allowed full ownership, for instance, Virata said.

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The Court of Appeals however said being a concessionaire does not mean a water supply firm is free from the police power of the State. This power cannot be bargained away through the medium of a contract and for this reason, the regulatory and adjudicatory power of the NWRB over water rates on all public utilities established by existing laws is deemed read into the Concession Agreement," it added. 5.

An audit team from the Office of the Court Administrator found that Trocino failed to decide on 71 cases submitted for decision in July 2003. Of the 71 cases, 33 were found to be still unresolved during a second audit in July 2004. The OCA also found that Trocino had stated in the monthly certificates of service that he had filed from November 2004 to February 2005, that he had already decided all special proceedings, civil and criminal cases and other pleadings that were submitted for decision for 90 days or more. Judge Edgardo Catilo, also of Bago, was fined P20,000, also for his delay in resolving cases. The high court found that Catilo failed to decide on 50 cases in a July 2003 audit. A July 2005 audit found that 43 of these cases remained unresolved. Judge Francisco Gedorio Jr. of Ormoc, Leyte, was fined P5,000 and reprimanded for his behavior, that included calling people animal and bakla (fag) and shouting invectives at staff members. We are convinced that respondents actuations in the premises constitute conduct unbecoming a judge. We have held that a judge, even on the face of boorish behavior from those he deals with, ought to conduct himself in a manner befitting a gentleman and a high officer of the court, the high court said. It bears stressing that as a dispenser of justice, respondent should exercise judicial temperament at all times, avoiding vulgar and insulting language. He must maintain composure and equanimity, it said. A judges improper behavior serves to erode the peoples confidence in the judiciary, the high court said. The Supreme Court also imposed month-long suspensions without salary and benefits on stenographers Emezer Arellano and Evelyn Montoyo, staff members of Trocinos sala, for failing to transcribe their stenographic notes in 97 cases. Sheriff Silvino Malana of a Tuguegarao City regional trial court was also suspended for one month and one day for his failure to fully implement the writ of execution in a civil case. He was warned that he would receive more severe sanctions if he repeats the offense. Bataan RTC sheriff Charlie Gatbunton was fined P10,000 for gross ignorance of the law for conducting an auction of a mortgaged property without publishing a new Notice of Sheriffs Sale with the new auction date. Bago clerk of court Josephine Mutia-Haggad was fined P5,000 for simple neglect of duty for failing to supervise court employees. 7. Barangay, SK elections a go in Oct. DILG exec

Pasig judge in Jimenez case inhibits herself

The judge who ordered the rescue of Carol Castaeda-Jimenez, estranged wife of former Manila Rep. Mark Jimenez, inhibited herself from the case. Pasig Regional Trial Court Branch 69 Judge Lorifel Acap Pahimna granted a motion by Jimenezs lawyers seeking her inhibition from the case because of her alleged bias for Carol. In a ruling dated May 30, the judge ordered records of the case to be forwarded to the executive judge for transfer or new raffle. A judge may not be legally prohibited from sitting in a litigation, but when circumstances appear that will induce doubt on his honest actuation and probity in favor of either party, or incite such a state of mind, he should conduct a careful selfexamination, she said. He should exercise his discretion in a way that the peoples faith in the courts of justice is not impaired. The better course for a judge is to inhibit himself, the judge added. Jimenez alleged Pahimna was partial to Carol when she acted as her counsel by giving petitioners lawyer professional advice, particularly (in) the filing of an action for habeas corpus in another sala Jimenezs lawyers also accused the judge of prejudging the case when she said she would not grant their motion to dismiss the case even without the comments of the petitioner. Pahimna issued recently an order to take Carol from the Silvercrest Foundation, a drug rehabilitation facility in Las Pias City. 6. Judge suspended for slow work; another fined for foul lingo

Saying it had to maintain public trust in the judiciary, the Supreme Court has suspended one Negros Occidental judge and imposed a fine on another for delays in handing out decisions. The high tribunal also fined and reprimanded a third judge for using unsavory language and cursing at and embarrassing people, which it said was conduct unbecoming a member of the judiciary. Judge Henry Trocino of Bago, Negros Occidental, was suspended for three months for the undue delay in handing down decisions, and for lying about the amount of work that he had done.

The Commission on Elections (Comelec) has scheduled the simultaneous barangay (village) and Sanguniang Kabataan (youth council) elections on October 29, 2007 unless a law will be passed to postpone it again. Lawyer Danilo Almendras, Department of Interior and Local Government in Central Visayas (DILG-7) legal counsel and

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operations division chief, said only the incoming 14th Congress can postpone the elections in October. In accordance with the law, both elections will be a go. In fact, on the Comelec website, (the poll body) already scheduled it on October 29, Almendras said. Almendras said lack of funds should not be made as an excuse to postpone the elections this year because the holding of the barangay and Sanguniang Kabataan (SK) elections is mandated under the law. If there is no more funding for the barangay and SK elections because the government had spent so much for the May 14 elections, the Comelec should find ways for it. Ipaagi lang nila sa supplemental, Almendras said. He also clarified that if the elections in October will push through, barangay captains and councilors who have served for three consecutive terms can no longer seek reelection. They are wrong to think that barangay officials are excluded in the term limit because they are included in the term limit on local officials based on the Local Government Code), Almendras clarified. But Almendras said there is no provision of the law that states the barangay elections cannot be postponed twice. The barangay election was moved from May 2005 to October this year. If the barangay and SK elections will be postponed again, Almendras said all the incumbent officials will extend their tenure in a hold-over capacity. Earlier, Eugenio Jing-jing Faelnar, president of the Association of Barangay Councils in Cebu City, said he had not heard of any moves from any of the ABC presidents in the country to seek the postponement of the barangay elections. Faelnar, barangay captain of Guadalupe, said most of the barangay captains in the city wanted to have a fresh mandate in order to serve their constituents well. 8. Govt hit for delaying Marcos anti-dollar salting case

The appeals court, in granting the TRO petition filed by former solicitor-general Francisco Chavez, said that the restraining order was granted because "the prosecution might no longer have any more remedy should a judgment of acquittal be rendered by the respondent judge." Sison, in Mrs. Marcos motion to lift the TRO, had told the appeals court that Chavez's petition should have been dismissed outright because of an error failing to include Mrs. Marcos as one of the respondents."He only included the judge as respondent of the case. But the judge is only a nominal party. Mrs. Marcos should have been a principal party and she should have been the one to respond for the judge," he said. However, instead of dismissal, the appeals court had ordered Chavez to correct the error twice. Mrs. Marcos has been accused of 32 counts of violating Central Bank rules and regulations on dollar salting. The former first lady, her husband the late president Ferdinand Marcos and the late crony Roberto Benedicto allegedly failed to report interest earnings from foreign exchange accounts in foreign banks. Pampilo handles 70 percent of the Marcos cases while the remaining 30 percent is at the Sandiganbayan anti-graft court. The amount involved in the Marcos cases pending in Pampilos sala has been estimated at $33 billion. ($1=P46.33) 9. Down with streamers, court tells MMDA anew

THE METROPOLITAN Manila Development Authority (MMDA) has been ordered--for the second time--by a Pasig City court to remove its streamers on the Metro Rail Transit 3, saying it is in violation of an earlier court ruling and of the rights of the advertising firm authorized to put up billboards on the MRT 3. In a May 9 cease and desist order, Judge Luis Tongco of the Pasig City Regional Trial Court Branch 155, called for the "immediate dismantling and removal of the subject MMDA banners and other similar MMDA paraphernalia installed or to be installed on any Edsa MRT 3 structure..." The judge issued the order after Trackworks Rail Transit Advertising, Vending and Promotions Inc. accused the MMDA of putting up banners and streamers on the MRT 3 announcing that it is prohibited to post advertisements on the structures of the railway transit system. Trackworks said the MMDA's recent actions violated the court ruling in October 2005 prohibiting it from installing its own posters or dismantling the ad firm's banners. The court reiterated its ruling in September 2006. Earlier this month, the Court of Appeals ordered the MMDA to stop dismantling billboards on the MRT 3. According to the court, apart from the fact that the MRT 3 is private property, its owner, the Metro Rail Transit Corp. Ltd., has authorized Trackworks to put up ads on the railway transit system. 10. Libel case vs. local blogger dismissed

A lawyer for former first lady Imelda Marcos has questioned the prosecution for continuously delaying the promulgation of the anti-dollar salting case against his client, which he said was now on its 17th year. "We just want this case finished," Lawyer Robert Sison said Wednesday, claiming that hearings on the case have been rescheduled eight times since November last year upon the request of the prosecution. "If you are the prosecution, you should be interested in the outcome of this case, not cause its delay," Sison said. Sison expressed disappointment that the promulgation of Mrs. Marcos' anti-dollar salting case before Judge Silvino Pampilo Jr. of the Manila City regional trial court Wednesday was deferred after the Court of Appeals had failed to act on the petition of Mrs. Marcos to lift the temporary restraining order the appellate court had issued against the issuance of a ruling by Pampilo on her case.

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The libel case filed against RP Nuclei Solutions and Filipino blogger Abe Olandres has been dismissed, according to an emailed statement sent to media by Olandres lawyer. The Office of the City Prosecutor in Pasig recently dismissed the libel case filed by a certain Joel Aquino against RP Nuclei Solutions and Abe Olandres, it said. RP Nuclei Solutions was included in the complaint as the alleged server or host at ' greedyolddumbass.com,' an Internet forum where the alleged libelous comments had been made," according to the statement. It noted however that there was probable cause to charge two respondents, Glen Norvic Ochoa and Jeffrey Jacob, with libel charges. "They never denied authorship of the libelous comments posted at greedyolddumbass.com. The investigating prosecutor found that having admitted the authorship of the statements, the identity of the person defamed being certain; the legal presumption malice stands against them creating a prima facie case of libel, which must be ventilated in a court of law," it said. The prosecutor has ordered the filing of cases for libel against Ochoa and Jacob but with bail recommended at P10,000. The local prosecutor also noted that RP Nuclei Solutions could not be held liable for libel. "Being merely the 'host' or 'server,' RPNSC [RP Nuclei Solutions] may not be held liable for libel," it said. Ploghost owns RP Nuclei Solutions, while Olandres runs Ploghost, a web hosting service. As a host or server, Ploghost cannot change or vary the contents of the sites that that it is serving. Olandres' lawyer stressed Ploghost had no participation in the creation, nor did it have any authority to modify the content of the site that it was hosting. "At the most, it can only discontinue the services if the user violates the Terms of Service agreed upon registration," the statement said. "[With' worldwide web concerned, the traditional concept of publishers of a newspaper or periodical cannot apply insofar as liability for libel in the setting up, ownership, management and supervision of an Internet site, web log [blog] or forum is concerned. Hence, any liability for libelous statements or remarks that may be coursed through or communicated through the websites that it is hosting will solely devolve on the part of the authors," it said. Ploghost, which is owned by RP Nuclei Solutions, is not the owner or the existing server of "greedyolddumbass."

The Supreme Court today, in a decision penned by Justice Carpio, ordered the Regional Trial Court (RTC), Branch 150 of Makati City to dismiss the criminal cases for rebellion against six party-list representatives and four private individuals implicated in an alleged foiled plot to overthrow the Arroyo administration on February 24, 2006, on the occasion of the 20th anniversary of the EDSA Revolution. It also set aside the rulings of the RTC of Makati City which sustained the finding of probable cause against Beltran, and the Department of Justice (DOJ) Orders dated March 22, 2006 and April 4, 2006 denying the petitioners motion for inhibition of the prosecution panel for lack of impartiality and independence. The High Court also said that the preliminary investigation conducted against the petitioners was tainted with irregularities for the failure of the respondent prosecutors to comply with the rule which provides that the complaint be accompanied by affidavits of the complainant and his witnesses, subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public. (GR Nos. 172070-72, Ladlad v. Velasco, June 1, 2007) Palace defends Ongs appointment June 4, 2007 Malacanang has defended the legality of President Arroyos appointment of Sandiganbayan Associate Justice Gregory Ong as member of the Supreme Court, saying the Chief Executive merely exercised her power to appoint a person who was duly nominated by the Judicial and Bar Council. President Arroyo did not abuse her discretion because she merely exercised her power of appointing a person who was duly nominated by the JBC, which passed upon the qualifications of all nominees, Ermita said. In other words, no abuse of discretion could be imputed to the President, who did nothing more but appoint respondent Ong, whose name appears in the list of candidates submitted to her by the JBC, the Palace official said. Ongs citizenship as natural-born Filipino is supported by substantial evidence Ermita said. The SC will have to decide on this matter. Only Buhay may get three seats June 5, 2007 The COMELEC announced on Monday that only the No. 1 group would get the coveted maximum three seats in the House of Representatives. In accordance with the Comelec ruling, only the pro-life El Shaddai-associated Buhay, which is currently leading the party-list race, would be entitled to three seats. The militant group Bayan Muna will likely get two seats, down from its three seats in the 13th Congress. Comelec Chair Benjamin Abalos Sr. said the poll body would use the so-called Panganiban formula instead of the commissions 2-4-6 formula in determining the number of seats each winning party-list organization would have in the incoming 14th

JUNE
SC Orders Dismissal of Rebellion Charges vs. Batasan 5, Beltran, etc. June 1, 2007

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Congress. Many are now assailing the use of such formula. Applying the one-party formula will be against the spirit of the party-list law, which is to encourage more party-list groups to join, Casio said. International Health Regulations enter into force New opportunity to respond to international public health threats June 14, 2007 The revised International Health Regulations (IHR) enter into force on Friday, 15 June. The Regulations consist of a comprehensive and tested set of rules and procedures which will help to make the world more secure from threats to global health. They were agreed by the World Health Assembly in 2005 and represent a major step forward in international public health security. The Regulations establish an agreed framework of commitments and responsibilities for States and for WHO to invest in limiting the international spread of epidemics and other public health emergencies while minimizing disruption to travel, trade and economies. Under the revised IHR, States will be required to report all events that could result in public health emergencies of international concern, including those caused by chemical agents, radioactive materials and contaminated food. QC court acquits Imelda in 5 tax evasion cases filed in '91 June 13, 2007 A Quezon City court on Wednesday acquitted, for lack of evidence, former First Lady Imelda Marcos in five tax evasion cases filed against her by the Bureau of Internal Revenue about 16 years ago. The BIR filed the cases in 1991 after Marcos allegedly failed to pay the taxes due in the amount of P33,734.00 that she earned from her income of P192,080 in 1985 and the taxable estate in the sum of P5,736,264,176 in 1989. The prosecutions scanty evidence failed to establish the element of criminal intent on the part of Mrs Marcos in all the criminal complaints filed against her," said Judge Rosa Samson Tatad of Quezon City regional trial court branch 105. The BIR had claimed that Marcos did not give written notice of her husbands death on Sept. 29, 1989, failed to file an income tax return for taxable year 1985 and the estate tax return of the former President. The prosecution argued that Mrs. Marcos earned a total income of P192,080 for taxable year, which supposed to be treated as taxable income. In her defense, Mrs. Marcos claimed that after she and her family were brought to Honolulu, Hawaii, following the 1986 EDSA people power" uprising and owing to the tight security during their exile, she was unable to file her tax return and further that notices from various government offices failed to reach her. RP vets bill OK'd by US Senate panel June 29, 2007

The United States Senate veterans committee approved a bill that would provide a special set of benefits for Filipino World War II veterans as well as others who had fought under the US flag. Philippine Ambassador to Washington Willy Gaa said in a statement released by the Department of Foreign Affairs that Senate Bill No. 1315, or the Omnibus Benefits Bill, was approved in a special hearing conducted by the committee at the Dirksen Building on Capitol Hill. This was the farthest the equity bill has come since the US Congress first tried to repeal the 1946 Rescission Law in 1993. That budget bill deprived thousands of Filipino veterans the benefits due them as former members of the US Armed Forces. The US Senate version of the bill provides for a minimum annual pension of $3,600 for a Filipino World War II veteran living alone and without dependents. The amount varies if he is married, with dependents or the beneficiary is a veteran's widow. The bill also increases the life insurance benefits of all disabled veterans and improves the benefits of soldiers with severe burns or traumatic injuries -- like those suffered by servicemen who served in Iraq. SC upholds Vibal textbook contract June 20, 2007 The Supreme Court has affirmed the government's award of a $40-million World Bank-funded contract to two publishers involving 17.5 million Social Studies textbooks and manuals questioned by a losing bidder that claimed the bidding process was flawed. In upholding the textbook deal awarded to Vibal Publishing House and Watana Phanit Printing & Publishing Co., the high court said the Manila Regional Trial Court could not stop the implementation of the contracts because complainant and losing bidder Kolonwel failed to follow proper procedures in its protest. Kolonwel brought the suit against Vibal and Watana before the Manila Regional Trial Court, which ordered a halt to the implementation of the textbook contract. Kolonwel said the Vibal consortium had published error-filled textbooks in the past and should have been disqualified from participating in biddings for the printing of textbooks again. In its decision, the high court said Kolonwel disregarded the protest mechanism spelled out in the Government Procurement Reform Act, or Republic Act No. 9184, when it questioned the decision of the Inter-Agency Bids and Awards Committee (IABAC). It added that Kolonwel gave a "lame" reason for not following the rules. RA 9184 states that there must be a protest in the form of a verified position paper, the protest must be submitted to the head of the procuring entity, and a protest fee must be paid. It also states that the courts could only take cognizance of suits arising from biddings after the protest procedure had been completed.

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Victim in Jalosjos rape case to get damage claim June 19, 2007 Ten years after former Zamboanga del Norte Rep. Romeo Jalosjos was convicted of raping an 11-year-old girl, the victim can finally claim the court-awarded damages of P800,000. The payment of damages coincides with Malacaang's announcement last week that it would commute the two life terms of Jalosjos to a jail term of 16 years, three months and three days. No Crime of Frustrated Theft - SC June 21, 2007 Under Article 308 of the Revised Penal Code, the crime of theft does not have a frustrated stage. Theft can only be attempted or consummated. In a landmark decision penned by Justice Dante O. Tinga, the Supreme Court upheld a conviction for consummated theft, stating that theft can never be frustrated as its element of unlawful taking, or apoderamiento, is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. Explaining that the difference between a frustrated and consummated crime lies in whether the felony itself was actually produced by the acts of execution completed by the offender, the Court concluded that the statutory definition of theft under Article 308 cannot admit of a frustrated stage as theft is produced upon the completion of the element of unlawful taking. This ruling lays to rest the controversy surrounding the existence of frustrated theft as created by the 1948 and 1964 Court of Appeals rulings of People v. Dio (No. 924-R, 18 February 1948, 45 O.G. 3446.) and People v. Flores (6 C.A. Rep. 2d 835 (1964)), which deemed the crimes involved as frustrated theft. While the Dio/Flores dictum is considerate to the mindset of the offender, the statutory definition of theft considers only the perspective of intent to gain on the part of the offender, compounded by the deprivation of property on the part of the victim, the Court said. Valenzuela and his cohort, Jovy Calderon, were convicted of consummated theft by Branch 90 of the Quezon City Regional Trial Court in February 2000 for filching Php12,090-worth of detergent from the Super Sale Club, a supermarket within the ShoeMart (SM) complex along North EDSA. They had finished loading the stolen merchandise onto a taxi cab when they were apprehended by SM security forces before they could leave the complex premises. (GR No. 160188, Valenzuela v. People, June 21, 2007)

They were returning to base in heavy rains after a fruitless search for kidnapped Italian priest Giancarlo Bossi when their trucks stalled in the mud. Then the firing began. In a 10-hour gun battle that turned into a carnage, 14 Marines were killed -- 10 of them beheaded -- and nine others wounded in one of the most shocking military debacles in years in the countrys southern islands.

Abu Sayyaf signature A senior military officer, who did not want to be quoted for lack of authority to speak to the media, said that it was the signature of the Abu Sayyaf to behead people. Only the Abu Sayyaf is into beheading people, the officer said in a phone interview. MILF admits involvement The MILF, with which the Arroyo administration has been engaged in off-and-on peace talks for years, admitted its troops were involved in the fighting in Barangay Ginanta but said they acted in self-defense. Mohagher Iqbal, MILF chief negotiator, said the military sent troops to Ginanta, a known MILF territory, without proper coordination.
Iqbal said the MILF forces were taken by surprise upon seeing the soldiers and opened fire. SC junks rebellion raps vs Batasan 6 with finality In a July 2 resolution made public only Tuesday, the Supreme Court denied with finality the Office of the Solicitor Generals appeal of the June 1 decision ordering the dismissal of the rebellion charges against the six lawmakers and four civilians for lack of evidence and questionable proceedings. The high courts second division said the OSG had presented no substantial argument in its appeal to warrant the reconsideration sought. It also noted Beltrans motion seeking his release.

Setback Malacaang, through Presidential Legal Adviser Sergio Apostol, said the high courts decision was a setback. Apostol said it was up to the OSG to evaluate the government position on the issue.
In its June 1 decision written by Justice Antonio Carpio, the high court ordered the Makati RTC to dismiss the rebellion case that the government had filed against the 10 respondents. It warned the Department of Justice not to allow political considerations to affect its actions, and also said the preliminary investigation of the rebellion case against several of the respondents was fraught with irregularities that trivialized the investigation and lent credence to the contention that the proceedings were a sham. Arroyo OKs dismissal of 54 Oakwood mutineers

JULY
14 Marines killed; 10 were beheaded in Albarka municipality (formerly Tipo-tipo) on Basilan island

President Gloria Macapagal-Arroyo has approved the dismissal of 54 junior military officers implicated in the failed July 2003 Oakwood mutiny, the military said Wednesday.

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The 54 officers will be dishonorably discharged from the military, with no benefits, when they complete their imprisonment in January, Bacarro said. A military court-martial had earlier recommended the dishonorable discharge from the military service of the 54 renegade officers. Bacarro said President Arroyo approved last June 12 the verdict handed down by the general court-martial presided by Brig. Gen. Nathaniel Legaspi. The 54 officers made a plea bargain agreement with a courtmartial last April, resulting in a reduction of their jail term from seven to four years. They have been in custody since the mutiny and the detention will count as time served. The junior officers are scheduled to be released at noon of Jan. 27, 2008. The 54 junior officers were among 300 Magdalo soldiers who took over the posh Oakwood Premier serviced apartments and a nearby shopping center in Makatis financial district in July 2003, rigging the area with bombs and demanding Ms Arroyos resignation. They denounced government and military corruption, but were accused of staging a failed coup. They surrendered after the daylong uprising. During plea bargaining in the Oakwood case, the 54 officers agreed to withdraw their previous pleas of not guilty to several charges, including mutiny and sedition. They also pleaded guilty to the lesser charge of military misconduct. The deal was approved by the court-martial, which handed them the reduced jail term of four years and dishonorable discharge without benefits. Among the leaders of the failed mutiny were former Navy lieutenant and now Sen. Antonio Trillanes IV, Capt. Gerardo Gambala and Capt. Milo Maestrocampo. But these leaders were not among the 54 junior military officers who were ordered dishonorably discharged from the service. Trillanes, who has since left the military service to run for a Senate seat in May, did not join the plea bargaining and remains in a military jail, fighting coup charges in civilian and military courts. He has asked for permission to attend Senate sessions, but there has been no court ruling yet. Trillanes and 28 other junior military officers who are said to be the core group of the Magdalo were tried separately from the 61 junior military officers, which included the 54. Bacarro said the general court-martial will continue hearing the case of the seven who did not join their 54 colleagues in reversing their original plea of not guilty. He said the seven would still face the original charges of the five Articles of War. These include violation of Articles of War 63 (disrespect toward the President, Vice President, Congress or the Secretary of National Defense), 64 (disrespect toward a superior officer), 67 (mutiny or sedition), 96 (conduct

unbecoming an officer and a gentleman) and 97 (conduct prejudicial to good order and military discipline). Another co-accused in the 2003 mutiny, former Army colonel Gregorio Gringo Honasan, also won a Senate seat. The Department of Justice dropped a coup charge against him after he recently made peace overtures to Arroyo. (UPDATE) SC paves way for Zubiri proclamation The proclamation of administration candidate Juan Miguel Zubiri as the 12th senator can push through. This developed Friday after the Supreme Court failed to reach a majority vote on the petition of the oppositions Aquilino Pimentel III for the high tribunal to issue a temporary restraining order (TRO) against the proclamation, according to information chief Midas Marquez. Marquez said the vote was 7-7. "There should be a majority vote. If it is equal, the petition is denied," Marquez said citing a rule under the 1997 Rules of Civil Procedure. Rule 56-B, Section 7 of the Rules of Civil Procedure, "where the Court en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the Court shall be dismissed; in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied." The justices who voted in favor of issuing the issuance of a TRO against Zubiri's proclamation were Chief Justice Reynato Puno, Associate Justices Leonardo Quisumbing, Consuelo YnaresSantiago, Antonio Carpio, Angelina Sandoval-Gutierrez, Alicia Austria-Martinez and Adolf Azcuna. The Justices who are against Pimentel's petition are Associate Justice Cancio Garcia, Antonio Nachura, Presbitero Velasco, Minita Chico-Nazario, Renato Corona, Dante Tinga and Conchita Carpio-Morales. Commission on Elections (Comelec) spokesman James Jimenez said he will immediately report the high court's decision to the poll body and wait for the official notice before Zubiris proclamation. Commenting on the outcome, Pimentel said "the truth will soon come out," adding they will study their options. On the other hand, Zubiri said Pimentel should respect the high court's decision. The high court heard the arguments of Pimentel, who was represented by his lawyer Leila DeLima, and Romulo Macalintal, counsel for the administration. Before the vote, several justices had told DeLima that the high tribunal was not the proper venue to discuss an electoral protest

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and suggested that the case should be filed before the Senate Electoral Tribunal (SET). Pimentel had asked the Supreme Court to stop the proclamation of Zubiri following questionable results from the province of Maguindanao. Earlier in the day, DeLima had presented evidence of alleged poll fraud in the province. But Associate Justice Cancio Garcia told DeLima that remanding the case to the Comelec would only result in a further delay in the proclamation of the winning candidate. "Tomorrow [July 14] it will be two months after the elections but the Republic has yet to know who the 12th senator is," Garcia said. He also reminded DeLima that under Republic Act 7166 or the Synchronized Elections and Electoral Reforms Law of 1991 Pimentels pre-proclamation protest was not allowed. "It is quite ironic that the Court is being used as a ventilation of a pre-proclamation protest. We are being used as a forum for this violation," Garcia said. But DeLima was quick to point out that Republic Act 9369 or the law allowing the Commission on Elections (Comelec) to use automated election system in 1998 amended RA 7166 by providing for a procedure in pre-proclamation procedures. "If the certificates of canvass are manufactured, preproclamation procedure is allowed," DeLima said. (UPDATE) Zubiri proclaimed 12th senator July 14 COMELEC proclaimed Juan Miguel Migz Zubiri as the 12th winning senator in the May 14 elections. Losing senatorial candidate Aquilino Koko Pimentel III is expected to file a formal complaint in the Senate Electoral Tribunal (SET) questioning said proclamation. He expressed confidence that the electoral protest would be resolved quickly since the subject of the protest is limited to the vote count in Maguindanao province which gave Zubiri a slim margin over Koko. [Recall: Team Unity senatoriables won 12-0 in Maguindanao. Questions arose since while the election required seven copies of CoCs, the Comelec was only able to produce one copy which was bereft of any erasures. Pimentel claimed that the CoC was cleaned up by the Comelec so it would not be questioned.] DOJ can recommend wiretap on alleged terrorists Gonzalez Justice Secretary Raul Gonzalez has admitted that the Department of Justice (DOJ) could recommend wiretapping suspected terrorists. Gonzalez said that under the Human Security Act of 2007, the DoJ has been authorized to make these recommendations if there was basis that an individual or group would be a threat to national security. However, Gonzalez assured the public that the privacy of innocent civilians would not be violated.

"There are many safeguards not only on the law itself but there is a Penal provision of a fine of P500,000 and imprisonment if wiretapping was done without permissions from proper authority," Gonzalez said. He also dismissed speculations that the law would give the government an excuse to spy on the media. "You cannot wiretap them. Their interviews and sources are sacred," Gonzalez said pointing that there is a law that allows journalists not to divulge their sources except when matters of national security are concerned. "Of course, unless there is sufficient basis or if they are being suspected of co-mingling with terror suspects," he said. Extrajudicial Killings and Enforced Disappearances July 16-17 National Consultative Summit on Extrajudicial Killings and Enforced Disappearances - Searching for Solutions, initiated by Chief Justice Reynato Puno was held at the Manila Hotel. The summit was aimed at gathering inputs on how the judiciary can expand its role in addressing the spate of unsolved murders and abductions of activists and journalists deemed critical of the government. It was attended by some 250 delegates -- human rights advocates, aggrieved parties, members of military and police -- including 28 foreign diplomats and development workers. Puno did not hide his frustration over the inadequacies of the system in dealing with extrajudicial killings. In his opening speech, he said Over the years, the expectation that human rights could best be protected by the political branches of government has been diluted. In earlier press interviews, Puno has also spoken about possibly reconfiguring the rules of evidence, reviewing the principle of command responsibility, and finding other legal remedies when the writ of habeas corpus proved ineffective in forcing authorities to produce missing persons. Puno said new rules and higher standards for government agents responsible for solving human rights cases can be formulated by the judiciary, using a power granted by the 1987 Constitution, Article VIII, Section 5. He argued that the constitutional commissioners who saw how human rights were trivialized during the Marcos regime, inserted such a provision precisely because of their realization that under the then existing balance of power, the Executive, thru the adept deployment of the Commander in Chief, can run roughshod over our human rights, (while) a supine Legislature can betray the human rights of the people by defaulting to enact appropriate laws. He further argued that Given these vulnerabilities, the judiciary, on its part, has decided to unsheathe its unused power to enact rules to protect the constitutional rights of our people, the first and foremost of which is the right to life itself. CHR Chair Lourdes Quisumbing urged the government to ratify the newly adopted International Convention on the Protection of All Persons from Enforced Disappearances.

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Karapatan recommended 31 procedural changes in the Rules of Court, including the expansion of the powers of the public prosecutor to include ordering the production of documents and making liberal the modes of discovery of evidence including entry into military camps. It also suggested that life insurance and money be made available to witnesses in political killings and enforced disappearances. It added that sanctuaries be designated for witnesses or families of victims and that the violation of such sanctuaries be deemed contempt of the Supreme Court. FIND recommended that the government proscribe an order from a superior or a public authority as a justification for taking part in the commission of enforced disappearance. Its other recommendations include: Require and maintain up to date registers of detainees and prisoners. Ensure the right of detainees to notify their families, lawyers and other persons with legitimate interest in their situation. Punish government authorities who obstruct and delay investigations and habeas corpus proceedings. Preventively suspend persons suspected of committing enforced disappearance. Strictly prohibit incommunicado detention and undisclosed places of detention. Protect witnesses, lawyers and families of victims against intimidation or ill treatment. Provide machinery for victims and their families to seek fair and adequate reparation and redress. Aragoncillo gets 10 years in prison July 18: Leandro Aragoncillo was sentenced to 10 years in prison for stealing and passing on secret US documents in a bid to topple the Arroyo administration. US District Judge William H. Walls and the prosecutors agreed Aragoncillo did not mean to hurt the United States but said his actions caused some harm. Aragoncillo, 48, a former US Marine who went to work as a military aide to Vice Presidents Al Gore and Dick Cheney before joining the Federal Bureau of Investigation as a civilian employee at Fort Monmouth, New Jersey, pleaded guilty to four charges in May 2006. A fellow conspirator, Michael Ray Aquino, was sentenced on 17 July 2007 to six years and four months in prison. Aquino, 41, a former Philippine National Police officer, pleaded guilty in July 2006 in a deal that spared him from a life term had he been convicted of espionage. Former President Estrada was quoted saying the documents obtained by the two, some of which he received by e-mail, contained information that were nowhere near classified. He argued that since said information has reportedly been read by so many in the newspapers, it can not be considered classified. Estrada said Aquino and Aragoncillo were his friends but insisted they had no political motive for obtaining the information. Justice Secretary Raul Gonzalez has insinuated that politicians who received the US documents may have committed a crime, possibly sedition. He had asked US Attorney General Alberto Gonzales -- via the American Embassy in Manila -- to furnish the

Philippine government with the evidence used to convict Aquino, in a bid to identify local politicians who may have had dealings with him. The National Bureau of Investigation said it would ask for copies of the US court documents that could help the NBI pursue charges against Aquino in connection with the murders of public relations practitioner Salvador Bubby Dacer and his driver, Emmanuel Corbito, in 2000. [Aquino admitted possessing secret documents containing information on the United States confidential intelligence sources and methods, as well as information on terrorist threats to US military personnel in the Philippines. Aragoncillo admitted passing information to Aquino and Philippine opposition figures who wanted to oust President Arroyo. The plot involved the theft of classified national defense documents from the White House and the FBI. Aside from Estrada, recipients of the documents included Sen. Panfilo Lacson, the Philippine National Police chief during the Estrada administration, and former House of Representatives Speaker Arnulfo Fuentebella, according to court documents. ] Villar is Senate President July 23 Sen. Manuel Villar was elected Senate President. He announced his legislative agenda as an alternative to PGMAs SONA. Villars agenda keynoted two themes: an end to political divisiveness and an appeal to fractious members of the Senate to maintain the chambers institutional independence, pointedly vis--vis Malacaang. Santiago gets nominated to ICJ July 30, 2007 PGMA announced Senator Miriam Defensor-Santiagos nomination to the International Court of Justice. Santiago said she was willing to give up her Senate seat if elected to the ICJ. ICJ elections are to be held next year and the term begins 2008. The Department of Foreign Affairs is now spearheading efforts to campaign for Santiago among other Asian foreign ministers. Also, Santiagos brochures are to be distributed during international conferences. DFA is also arranging one-on-one meetings with groups of ambassadors so that they will have the opportunity to meet Santiago face-to-face and determine if she has the personality of a judge. [Recall: During the time of Pres. Diosdado Macapagal, Chief Justice Cesar Bengzon was elected to the International Court of Justice.] La Mesa watershed housing controversy [In 1975 Supreme Court upheld MWSS unions position on the housing project -- a concession won in collective bargaining in 1968. The original site is in San Jose, Bulacan but the housing project was recently moved to inside the La Mesa watershed.] The proposed site for the 58-hectare housing project is located on the uppermost part of the watershed. This has caused environmentalists to lobby against the proposal, citing the possibility of poisoning, of health standards violated, of public safety compromised. While they recognize the rights of the MWSS labor union members to their housing project, they insist

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that there are other areas, even inside the watershed, that can serve as the new site for the housing complex. And some beneficiaries have reportedly said they are amenable to relocation. The proponents of the housing project, led by Rep. Edcel Lagman of Albay province, contend that technology will solve water pollution, or indeed any problems related to the site of the housing project. Last year, Lagman assured the public that engineering mitigating measures would be installed to foreclose possible pollution of the La Mesa Dam and prevent the despoliation of the area. The Human Security Act of 2007 (R.A. 9372) Enforcement of the new law against terrorism started last July 15. Even prior to this, various individuals and groups have already filed joint petitions assailing its constitutionality and asking SC to issue a TRO on its implementation. The petitioners question HSA's definition of terrorism as any of several acts punishable under the Revised Penal Code, sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand. Among the petitioners were former VPres Teofisto Guingona, National Artist Bienvenido Lumbera, retired Col. Gerry Cunanan, film director Carlitos Siguion-Reyna, civil society leader Renato Constantino Jr. and militant groups Bagong Alyansang Makabayan (Bayan), Gabriela, Kilusang Magbubukid ng Pilipinas, League of Filipino Students, Health Alliance for Democracy and Alliance of Concerned Teachers. They allege that the HSA was a wholesale weapon for political harassment and persecution and was in violation of the bill of rights, among other things. They also said the HSA was vague and broad, and that the lack of implementing rules and regulations, while not necessary, would give state agents too much leeway in enforcing it. Retired SC justice Vicente Mendoza was quoted saying the Supreme Court is not the proper venue to file petitions against the Human Security Act or the anti-terror law. He expressed doubts on whether the high tribunal will rule on the issue, and said Congress was the proper venue where this law should be reviewed. He notes the following problems with the HSA: 1. inappropriate title. He said that if the law was intended to punish a terrorist act, it should be entitled "AntiTerrorism Act." 2. it is a duplication of existing laws. The crime of rebellion which under the Revised Penal Code has been classified, along with creating disorder, chaos, and fear, under Crime Against Public Order. "So, when you have two laws punishing the same act with the difference that one law imposes a heavier penalty and has other consequences of civil liberties that the other law does not have, you then have the possibility that the prosecutorial discretion in the prosecution of crimes will become very much wide," Mendoza said. 3. vague definition of terrorism and the phrase sowing fear and panic 4. effectivity clause is vague about when the law would really take effect.

Executive Secretary Eduardo Ermita said the Palace would defend the HSAs legality in any forum, including the high court. Sen. Juan Ponce Enrile, the HSAs main author in the Senate, said the lodging of the petition was a good move in that we will know the real status of the law. But he expressed confidence that the high court would uphold the HSA: We did not violate any law. Our requirements are more stringent than those on wiretapping under other laws because our law enforcers will be jailed if they do not get prior clearance and the materials they get cannot be used in court. In Chief Justice Punos April 18 speech at the University of the East, he described the war on terror as mindless and paving the way for human rights violations: To put constitutional cosmetics to the military-police muscular efforts, lawmakers usually enact laws using the security of the state to justify the diminution of human rights by allowing arrests without warrants; surveillance of suspects; interception and recording of communications; seizure or freezing of bank deposits, assets and records of suspects. They also redefine terrorism as a crime against humanity, and the redefinition is broadly drawn to constrict and shrink further the zone of individual rights. Updates on the case of Senator Antonio Trillanes IV

July2: Trillanes, through his research staff, filed ten bills seeking, among others, to increase soldiers allowances and combat pay, promote cheaper medicines, improve veterans benefits, and repeal the expanded value-added tax (E-VAT). He and his staff are currently completing research on a legislative proposal that will repeal the automatic debt service provision in the budget. July 25: Senate Resolution 22, proposed by Senate Minority Leader Aquilino Pimentel Jr., was passed 17-4. In said resolution, Senate officially resolved to support the petition for bail of Senator Trillanes and asked all concerned to allow Trillanes to sit in the Senate and perform his duties as a senator of the land. Only Senators Joker Arroyo, Juan Ponce-Enrile, Richard Gordon, and Miriam Defensor-Santiago voted against the resolution. During the debates, Senators Santiago, Enrile, and Gordon questioned the propriety of the resolution, pointing out the constitutional principle of separation of powers. Senator Arroyo suggested that Trillanes' lawyer ask the court to downgrade the charges so that the alleged leader of the Oakwood mutiny could post bail.
The resolution said that while it recognizes the court's jurisdiction over him, Trillanes must participate in Senate functions because the following circumstances: * that he was elected by more than 12 million voters, an overwhelming mandate for him to sit as senator; * that, since the case against the alleged leader of the Oakwood mutiny, Honasan, has been dropped, so should that against Trillanes, a mere follower; * that the possibility of flight is remote; * that the Senate has the facilities and manpower to take Trillanes into its custody and guarantee his presence in court when required; and

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* that a precedence had been set by Senator Justiniano Montano, who was charged with the non-bailable offense of multiple murder in the 1950s, but who was allowed to post bail to perform his senatorial duties. [see: Justiniano Montano v Felicisimo Ocampo]

by justices or judges is is Php300, regardless of who will be the solemnizing officer. After every solemnization of marriage, the solemnizing officer shall ensure that the marriage certificate is properly accomplished and contains the complete entries (i.e., declaration that the contracting parties take each other as husband and wife; the true and correct information and statements required under Art. 22 of the Family Code; among others). The solemnizing officer shall also ensure that a record book of all marriages solemnized shall be kept. Judges of the Shari'a District Courts and Shari'a Circuit Courts shall have the authority to solemnize marriages within the court's jurisdiction should the proper wali (guardian for marriage) refuse without justifiable reason to authorize solemnization. Marriages shall be solemnized publicly in any mosque, office of the Shari'a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by parties. Marriages among Muslims sans marriage license may be performed validly if solemnized in accordance with their customs, rites, or practices. Likewise, the Guidelines state that appropriate administrative disciplinary proceedings shall be taken against any judge or court employee, who, alone or with the connivance of other court personnel or third persons not employed by the court, shall intervene so that the marriage of contracting parties is facilitated or performed despite the lack of or without the necessary supporting documents, or performs other acts that tends to cause the solemnization of the marriage with undue haste. Judges are also required to indicate in their monthly report of cases all marriages solemnized by them. JDV pushes all-encompassing amnesty August 13, 2007 An all-encompassing amnesty for all enemies of the state, including deposed former President Estrada and military rebelturned-senator Antonio Trillanes IV, is in the works. Speaker de Venecia said the bill to this effect would be filed soon in the House of Representatives. This is a wide-ranging, allencompassing amnesty to cover all insurgents and all those who have committed political crimes against the state, said de Venecia. Congress cant grant amnesty for grave offenses falling under the category of heinous crimes. August 13, 2007 Philippine Daily Inquirer, pA2. Trillanes asks court to reconsider August 15, 2007 Senator Trillanes yesterday filed a motion for reconsideration of the ruling of Makati Judge Oscar Pimentel denying him furlough to attend Senate sessions. Trillanes had asked the court to grant him leave to attend all official Senate functions, increased media access, and a work station inside his cell. Pimentel had agreed with the Jalosjos doctrine that allowing a prisoner to attend congressional sessions and committee meetings for 5 days or more in a week will virtually make him a free man and would constitute preferential treatment. Trillanes argued that

July 30: Makati RTC Branch 148 Judge Oscar Pimentel denied Sen. Antonio Trillanes IVs omnibus petition requesting that he be allowed to attend sessions, set up an office in his Fort Bonifacio detention center and have ready access to media. RTC compared the coup detat charges against Trillanes, who is accused of leading a failed mutiny in 2003, to the case of convicted rapist and former Zamboanga del Norte representative Romeo Jalosjos. RTC agreed with the prosecution that Trillanes motions partake of special privilege and preferential treatment.

AUGUST
SC Issues Guidelines on Judicial Solemnization of Marriage (Guidelines on the Solemnization of Marriage by the Members of the Judiciary, Administrative Order No. 125-2007, August 9, 2007) August 10, 2007 Chief Justice Reynato S. Puno yesterday laid down guidelines on the solemnization of marriage by the members of the Judiciary to address the spate of controversies in connection with alleged irregular solemnization of marriages by judges. The Guidelines take effect immediately. Under the Guidelines, the solemnizing officer shall be dutybound to do the following before performing a marriage ceremony: ensure that that the parties appear personally and are the same contracting parties to the marriage; personally interview the contracting parties and personally examine the documents submitted to ascertain if there is compliance with the essential and formal requisites of marriage under the Family Code, as well as the presented marriage license to determine its authenticity, completeness, and validity. There shall not be less than two individuals of legal age to witness the marriage when the parties take each other as husband and wife. In cases when either or both of the contracting parties is a foreigner, the solemnizing officer must also examine the certificate of legal capacity to contract marriage issued by the concerned diplomatic or consular officials attached to the marriage license. Chief Justice Puno reiterates the general rule that a marriage shall be solemnized publicly at the chambers of the judge or in open court, except in instances when it is contracted at the point of death or solemnized in a remote place under Article 29 of the Family Code or when both parties submit a written request to the solemnizing officer that the marriage be solemnized at a house or place designated by them in a sworn statement. The Guidelines also reiterate that the legal fees for solemnization of marriage and issuance of marriage certificate

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Jalosjos was charged with various counts of rape and lasciviousness, crimes involving moral turpitude, while he is charged with coup detat, a charge commonly regarded as a political offense. He added that Jalosjos had already been convicted at the time he sought furlough, while he is still undergoing trial. He said, a better comparison was with the cases of former President Estrada and former ARMM Gov. Misuari, who were allowed some liberties to perform political functions. Submit Jonas Report today, military told August 13, 2007 The Military Provost Marshal has been directed to submit to the Court of Appeals today his report on the alleged loss of a license plate in the Armed Forces custody that was reportedly used by the abductors of activist Jonas Burgos. Provost Marshal Abadilla, through the Office of the Solicitor General, has objected to the subpoena on the classified report, saying it concerned internal administrative matters and was irrelevant to the issue of whether or not the military had Jonas in its custody. In his motion to quash the subpoena dated Aug 6, Abadilla said the military had already denied that it had Burgos (who was abducted by armed men from a Quezon mall on April 28). The debate over the Provost Marshalls report is part of ongoing hearings on the petition for habeas corpus filed by the mother, Edita Burgos against President Arroyo and the Armed Forces of the Philippines.

Senate but not by the lower house.. Senator Pia Cayetano, chair of Health Committee, said the passage of the proposed amendments to the Intellectual Property Rights Code to bring down the cost of medicine would be her priority.

Graft Case vs ex-DOTC Chief upheld August 15, 2007 The Sandiganbayan has affirmed with finality the indictment for graft of 3 former officials of the Department of Transportation & Communications. Former Transportation Secretary Alvarez and Undersecretaries Trinidad and Cal were accused of entering into a grossly disadvantageous contract with Philippine International Air Terminals Co. Inc (Piatco) even when they knew the consortium was not qualified to bid as it did not have adequate funds to undertake the project. The anti-graft court junked the bid of the three former officials to have the information filed against them quashed, noting that there was no cogent reason to overturn it. Senate Committees formed today; RP-Japan pact; Cheaper Medicines Bill August 15, 2007 The Senate is expected to complete the organization of its committees today. Among the priority measures on tap is the ratification of the Japan-Philippines Economic Partnership Agreement (Jpepa). Senator Defensor-Santiago, foreign relations committee chair said she was ready to hold hearings on the agreement. The hearings, however, cannot start until Malacanang resends the treaty to the Senate, since it was not th ratified in the 13 Congress. Another priority measure is the cheaper medicines bill that was scuttled in the last Congress. Senator Roxas II has re-filed his cheaper medicines bill that was unanimously passed by the

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