Mindanao Daily Set A (December 5, 2016)

MINDANAO DAILY T H E P U RV E YO R O F T R U T H , J U S T I C E , A N D D E V E LO P M E N T

Volume VI, No. 156

Website: www.mindanaodailynews.com

Monday

December 5, 2016

P15.00

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LTFRB-10 implements exact bus fares for B’non routes

By GERRY LEE GORIT Correspondent

CAGAYAN de Oro City-The Land Transportation Franchising and Regulatory Board in Region 10 (LTFRB-10) has ordered three bus companies plying the Cagayan de Oro-Bukidnon routes to collecting the correct fares to their passengers as imposed by the agency.

To avoid unfair competition among the bus operators, LTFRB-10 regional director Aminoden Guro MEETING. Land Transportation Franchising and Regulatory Board Directore Aminoden Al Guro and Land Transportation Office Dir. Oscar See fares, page A7

Salcedo and Etta Duhaylungsod Super 5 bus, Jessie Boy P. Lentorion RTMI-Admin Manager, Serjohn Panis Manager mediate a meeting among transport operators plying the Cagayan de Oro-Bukidnon and vice versa route for prescribed fare rates. yesterday.

Mindanao Daily photos by Gerry Lee Gorit

Devaras, Umpa Christmas village in 4th ID camp opens face charges in court

By CRIS DIAZ, Executive Editor

CAGAYAN de Oro City--The personnel of the Criminal Investigation and Detective Group (CIDG) and the Regional State Prosecutor (RSP) here were charged in court Friday.

Lawyer Alejandro Pallugna has charged RSP Jaime Umpa and Chief Insp. Melgar Devaras, the CIDG acting chief in Northern Mindanao, with violation of the “Data Privacy Act of 2012.”

The case stemmed from the arrest of Genard Abejo, 49, an administrative assistant assigned to the City Prosecutor Office (CPO) here last month in connection with the alleged “fixing” of cases in the CPO. See face, page A7

CAMP Evangrlista, Cagayan de Oro City--The first-ever Christmas village in the 4th Infantry Division with the theme “Christmas traditions in the Philippines” dubbed as “Paskong Pinoy” officially opened at 6 p.m. on December 2, 2016 inside Camp Evangelista, Patag, Cagayan de Oro City.

Caroling, parol-making, giving or exchanging of gifts, Noche Buena, and Simbang Gabi are among the five showcased Filipino Christmas traditions that were set in a village-type

booths. These are all located along Col. Rodriguez street from the main gate to the Diamond Park.

The activity is in line with the intent Major Gen. Benjamin R. Madrigal Jr, 4ID Commander, to create a Christmas atmosphere in the camp.

He said, “I want everyone to feel the spirit of Christmas while in 4ID camp. I know that everyone wanted to feel the season of peace, love and joy with their love ones. That is why we See VILLAGE, page A7

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In Focus

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1 killed, 4 hurt as truck falls into Puerto Canyon Monday, December 5, 2016

By CRIS DIAZ Exeuctive Editor

CAGAYAN de Oro City-A cargo truck loaded with mangoes and bananas plunged in Puerto Canyon in Upper Carmen here Saturday morning, killing the driver and injuring four others, including a 4-year-old boy, the police reported here.

Police identified the lone fatality was Renden Pido, the driver of the cargo truck with plate number MVP 363, loaded with mangoes and bananas f rom L ibangan, Nor th Cotabato.

Injured were Orlan-

do Ellorin, the trucker helper, Jennelyn Solestre, the four-month pregnant mother of JR Solestre, 4 y.o., and Diko Tumanan.

Officer Evelino Lumantaw, the police investigator, said that the cargo truck was reportedly negotiating the downward slope in Puerto, Upper Carmen Hill when it plunged about 70 feet down the ravine on the accident prone Sayre Highway here.

He said that the cargo truck, reportedly owned

by Cotabato City Mayor Christopher Amping Datuwata, was loaded with more than 500 cartoons of mangoes and 35 bags of

bananas bound for Cebu City.

Orlando Ellorin, the truck driver, told the police that the cargo lost br a ke w h i l e n e got i at ing the downward slope prompting the driver to ram the mango tree which

prevented the cargo truck to plunge to the more than 300 feet ravine.

Rescuers who rushed to the accident area took more than four hours to slice part of the truck’s frontage using a cutter to retrieve the body of the

driver who was pinned to death in the driver’s seat.

The 4-ye ar-old b oy suffered a broken arm while the mother had an injury on the foot while the two others also suffered injuries when they were pinned in the front

seat of the truck.

The passengers hitched hiked from Libangan, North Cotabato to Cagayan De Oro City and planned to take another Butuan-bound passenger bus on arrival in Puerto here, the police said.

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Battle aftermath. Soldiers examine the damage of the mosque in Butig town Lanao del Sur on December 2, 2016, a day after government troops entered the poblacion after seven days of fighting. The mosque was hit by rockets from helicopter gunships at the height of the fighting. MindaNews Photo by Froilan Gallardo

Army: Still unsafe for Butig folk to return

By Froilan Gallardo of MindaNews

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BUTIG, Lanao del Sur-Several unexploded ordnance had been recovered in this town and many more could still be left lying on

the ground making it unsafe for residents to return to their homes, an Army official said Friday.

Col. Roseller Murillo, commander of the 103rd Infantry Brigade said that for this reason they advised

the provincial government of Lanao del Sur not to allow the return of Butig residents yet.

Teams of Army ordnance disposal experts were seen looking for bombs

See RETURN, page A7

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Metro Davao IN THE NEWS

Monday, December 5, 2016

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Advisory council says PNP transformation roadmap attainable DAVAO City––The chair of the advisory council of the Philippine National Police in Davao Region (PNP PRO-11) is optimistic on attaining the Plan 2030 Roadmap pursued by the

PNP in the country.

“With the challenges that the PNP is facing nowadays, especially on drugs, I believe the organization can move on and achieve their goal of making every community

Davao Region has 35,000 registered OFWs: OWWA-11

DAVAO City––The Overseas Workers Welfare Administration (OWWA-11) has reported an increasing number of Davaoeños going abroad to work. OWWA reported Davao region now has 35,000 registered Overseas Filipino Workers (OFWs) working in various countries abroad.

The total count, OWWA-11 Regional Director Eduardo Bellido said, is based on the records of the Philippine Overseas Employment Administration (POEA) See REGION, page A7

Davao to increase livelihood assistance for VAW victims

DAVAO City––The city government of Davao will increase its livelihood assistance to women victims of abuse and violence by their partners.

According to Davao City government head for Integrated Gender and Development Division (IGDD) Lorna Mandin, the assistance on livelihood in support to abused women is an important component of the Violence Against Women (VAW) campaign.

Otherwise, she said they are pushed back to the same relationship and get the chance of being victimized again.

She said sustaining their capacity on earning their income for a living is a must while they See victims, page A7

in the country a safer place to live, work and do business,” Council chair Ednar Dayanghirang said.

He added that a national summit of the advisory councils of the PNP in the

country was recently facilitated in Iloilo City where the problems on illegal drugs that continue to haunt the organization were also discussed.

The number of PNP in-

volved in drugs in the entire country was also presented during the summit.

He said that from January to November of this year, a total of 1,048 members of the PNP are under counter

-intelligence watch for their possible involvement in illegal drugs.

In the same period, he added, 181 police officers were already tested See ROADMAP, page A7

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Monday, December 5, 2016

Paper power

The Mindanao Daily is pubished by MINDANAO DAILY NEWS PUBLISHING CORPORATION. It is Registered with the Securities and Exchange Commission (SEC) with Reg. No. CS201531735. With Business Plate No. BP-28984, Under Business License Certificate No. 2015-15224, BIR-TIN No. 464-682-324-000. Main Business address at Tanleh Building, Abellanosa St., Brgy. Consolacion, Cagayan de Oro City. Tel. Nos: (088) 856-3344, 857-8447, 09177121424, 0947-8935776 E-mails: Advertising:mindanaodaily.ads@gmail.com, Editorial: mindanaodailynews@gmail.com DANTE M. SUDARIA Publisher and President TERESA ZAFRA PELONE Comptroller melanie rivera SAIRA E. GUMISING Advertising WEMALYN GARCIA Marketing Rolando sudaria Production felix santillan Layout Artist manila marketing office 9th Flr, Unit 918, CityLand Herrera VA Rufino cor. Valero St. Salcedo Village, Makati City TEL. #: 5555392, Cell No.: 0977-152-8860 lani vallido

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EDITORIAL ALLAN M. MEDIANTE Editor-in-Chief

Opinion

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PAPER still matters, as I could learn from fellow Philippine Daily Inquirer staff writer Phyllis Korkki.

Yes, paper still matters. The frequent whirring of printers in offices - despite the Internet, Microsoft Word, social media (I love Facebook and Twitter), scanners, smart phone applications and many many more - attest to that.

I am very much old fashioned in many things.

I was still typing on an old manual typewriter, when my colleagues in different publishing houses used already electric units. I loved my antique typewriter. I love it till today. Yes, it’s still here in my office in Davao City. I can’t use it anymore, because no more ribbons are available in the Philippines. It’s okay. My electric typewriter is also here. Just beside the manual unite. Those were the days, my love....

It has been sometimes at the end of the 1990’s. I worked in an international publishing house in Berlin with branches in Amsterdam and New York. I still used one of those wonderful electric typewriters - and tried to avoid vehemently a

because they are useful for taking notes. Reading a long document on paper rather than on a computer screen helps people “better understand the geography of the argument contained within, “said Richard H.R. Harper, a principal researcher for Microsoft in Cambridge/ England and co-author with Abigail J. Sellen of “The Myth of the Paperless Office,” published already in 2001.

I also strongly agree with Sellen, saying, that using more than one computer screen can be helpful for all this cognitive juggling.

But when workers are going back and forth between points in a long document, it can be more efficient to read on paper.

How about “e-reading a book”? A novel, a drama, whatever? What do you prefer, my dear reader? You wanna know my opinion?

I am sure, you can imagine. Yes guys, I still need a book in my hands for my leisure reading. I need to feel the book as well as I need to smell a fresh-printed newspaper.

Environment savers might start jelling at me now, though I am one of

Kakampi mo ang batas

a crime, or who had just committed a crime and the person effecting the arrest had personal knowledge showing that the person he intended to arrest indeed carried out the offense.

The other situation is, if the person to be arrested is an escapee who bolted jail.

-oooECONOMIC SABOTAGE IS A CONTINUING CRIME: In the case of Lam and Sombero, their arrest could be premised on the crime of economic sabotage, as Justice Secretary Vitaliano Aguirre is claiming before mediamen. Economic sabotage could be considered as a continuing crime---which means that, the act which is classified as economic sabotage has not stopped and is continuing up to now.

Since the act of economic sabotage is continuing, it is as if Jack Lam and Wally Sombero are still committing a crime, so that they could be arrested anytime, not just by law enforcement authorities, but by any other citizen of our country. The President’s order of arrest against the gambling operator and the arrest order against Sombero issued by

Klaus Doring

them. So, where are the edge and borderline?

Paper can be indeed a luscious and beautiful thing - the way we savor fine food and wine, as Steve Leveen, co-founder and CEO of Levenger, said. People complain that writing by hand is slow (yes, I am really!), BUT that can be good for thinking and creating! Here we are again!

Yes, it matters still: in defense of the power of paper! What do you think, my dear readers, while holding this newspaper right now in your hands? +++ Email: doringklaus@ gmail.com or follow me on Facebook or Twitter or visit www. germanexpatinthephilippines. blogspot.com or www. klausdoringsclassicalmusic. blogspot.com.

Can Duterte order gambling operator’s arrest?

LIFE’S INSPIRATIONS: “…

From the east I summon a bird of prey; from a far-off ruel pelone CRIS DIAZ land, a man to fulfill my Managing Editor Executive Editor purpose. What I have said, CHENG ORDOÑEZ MARK FRANCISCO that I will bring about; what Associate Editor Lifestyle Editor I have planned, that I will do…” (Isaiah 46:11, the GILBERT Y. CHAO gerry lee gorit Holy Bible, NIV).

Motoring Editor Photo Journalist -oooJUSTIFICATION FOR PAT SAMONTE CHRIS PANGANIBAN THE CHURCH OF JESUS Regional Editor Caraga Regional Editor-Davao IN RP: Why is the Church

of Jesus in the Philippines Rene Michael BaÑos uRIEL C. QUILINGUING chosen to fulfill the work of Regional Editor Northmin Contributing Editor proclaiming and snatching souls from eternal hell by AL JACINTO JOE FELICILDA the truth that He is God Regional Editor-WestMin Editorial Consultant and Savior? One reason could be the schism in a big ATTY. MARIO T. JUNI church that former PresiNOTARY PUBLIC- JUNI LAW OFFICE dential Spokesperson RiCELL NO: 09352379999/ (088) 8573595 cardo Saludo wrote about CRUZ TAAL ST., CAG. DE ORO CITY in his column on Sunday, Legal Counsel December 04, 2016. The --------------------------------------------------------------column can be read at http:// bureau and mktg staff www.manilatimes.net/willchoose-god-devil/299874/. candy macabale - 09161326483 -oooRIZA O. ARES - 0915-9753-277/0926-2242-653 CAN DUTERTE ORDER MISOR - LOLONG NABONG - 0906-875-8650 GAMBLING OPERATOR’S GINGOOG CITY-MANNY ANSIHAGAN-0936-287-7788 ARREST? Many asked me, North Buk. - DAHLIA S. BENEMERITO-0936-303-0410 after reading the news that VALENCIA CITY - PHILIP PHIL CALUMBA-0905-652-5407 President Duterte ordered MARAMAG - roFINA CUALES - 0926-336-1585 the arrest of international quezon, buk. - ROSE GENON online gambling operaIligan City - JEFFREY OPONDA-0936-1174378 tangub city - bobby mag usara tor Jack Lam and Director OROQUIETA CITY - PJ TREMEDAL-0919-3452375 General Ronaldo Dela Rosa ARMM - Sony Sudaria-0947-4810371 of the Philippine National

cotabato - ANALISA ESPAÑOLA-0916-9351714 davao - tom a. caballero-09756023684 davao - tomas canoy avancena jr.-09177017010 davao del norte - sarah castor - 09263988293 digos city, dvo sur & kidapawan - romeo d. sanchez davao city - rene s. arias (Photo Journalist,) butuan - PAT SAMONTE-0912-8091093 san frans - CRIS PANGANIBAN-09277974193 San Francisco - deding PANGANBAN-0927-7974193 Pagadian City - GRACE FRANCISCO -0912-8484037 ZAMBOANGA - AL JACINTO -09177103642 Member: ORO CHAMBER Philippine Press Institute

personal computer. Already during that time I needed to hold the paper in my hands.

Paper, says the productivity expert David Allen, is “in your face”. I strongly agree with David. He said, “Its physical presence can be a goal of completing tasks, whereas computer files can easily be hidden and thus forgotten. I am also returning to paper planners for this very reason. Please, don’t laugh at me, my dear readers!

David Allen, the author of “Getting Things Done”, does much of his writing on a computer. So I do meanwhile. But, there are still times when writing with a fountain pen on a notepad. It allows “us” to get “our” heads in the right place. When I tried to learn more from David Allen, I really got surprised, that we have many things in common. Old fashioned or not? I don’t care. Here are some facts: Paper print outs serve an important function. For long texts, a printout can allow a reader to better understand relationships between sections and writings. Paper handouts are still a presence at meetings partly

Have my say

Atty. Batas Mauricio

Police included in the presidential arrest order former General Wally Sombero, if anyone, whether foreigner or Filipino, could be arrested even without charges having been filed against them beforehand.

My answer is, yes, any person can be arrested even if no charges have been filed against them yet, under the three conditions for warrantless arrests that the Rules of Court of the Philippines provides. These three conditions are spelled out under Section 5, Rule 113, of the Rules.

In gist, warrantless arrests can be carried out against someone who is in the act of committing

Gen. Dela Rosa had the effect of making them “wanted persons”.

But b e i ng ar re ste d should be the least of Jack Lam’s worries at this point.

He should be more worried about the possibility of suffering the fate of businessman Roberto Ongpin, whose online gaming company, got closed after its franchise was revoked. Jack Lam’s gambling franchises could be revoked, too, causing his casinos to close shop!

-oooFULFILLMENT OF GOD’S PURPOSE ENDANGERED BY CHURCH RIFT? Ricardo Saludo’s piece---Whom will you choose---God or the devil?--is an eye opener about the problems being faced by the “big church” in discharging its duty of proclaiming the truth that Jesus is God and Savior, and saving those who believe and accept this doctrinal pronouncement.

To the Anak ng Diyos Kadugo Ni Kristo (AND KNK, or Children of God Blood Kin of the Christ) Church, this justifies the establishment of the Church of Jesus in the See ARREST, page A7

Daily inspiration

Juvy Sarraga

Pride can seep into a relationship when disagreements occur. The longer you sit and stew over your disagreement, the harder it is to reconcile. Pretty soon, days, weeks, and years pass by and you become accustomed to the way things have become in the relationship.

Every passing moment without reconciliation makes it that much harder to turn around and say you are sorry. Don’t let your pride get the better side of you. Make it a practice to hurry and settle your differences quickly.

Reflection from Matthew 5:25 “When you are on the way to court with your adversary, settle your differences quickly.

Otherwise, your accuser may hand you over to the judge, who will hand you over to an officer, and you will be thrown into prison.”

Forum

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Monday, December 5, 2016

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What to expect in the constitutional drafting process MELBOURNE, Australia-Congress’ shift to Cha-Cha mode is happening soon.

And the only way this does not eventuate at all is if Bongbong Marcos wins his election protest and becomes Vice-President.

For I highly doubt Filipinos will ever agree to change the charter while there is a Marcos in Malacañang.

Ironically, the recent decision of the Supreme Court to allow the burial of Ferdinand Marcos, Sr. in the Libingan ng mga Bayani has unravelled that many Filipinos still remember the dark days of Martial Law. And that includes how he manipulated the drafting of the 1973 Constitution to establish his dictatorship.

Nevertheless, the responsible thing to do is still to prepare for the constitutional drafting process. The Constitution prescribes the possible modes of revision but leaves it to the drafting body to devise the mechanics of the writing process itself.

In determining the rules and procedures of the drafting process, transparency is vital. For without it, the resulting constitution may have little or no legitimacy at all. Hence, it is imperative that they must be properly published beforehand and easily accessible to the public.

Moreover, all proceedings by the drafting body must be open to the public. The media must have full access to records and papers related to the drafting process. The key point here is that there should be complete and absolutely transparency from day one.

The participation of the people in drafting the new constitution is critical as well. Again, the depth of involvement of the community in the writing process directly impacts the legitimacy of the end product.

Therefore, public consultations must be conducted.

Preferably giving priority to the farthest areas of the country. There must be mechanisms that will allow the public to submit proposals to the drafting body as well as be heard during sessions.

Furthermore, the drafting body must put up a website wherein updates on the working draft and the writing process are posted.

Obviously, the public is free to air their views on the progress of the draft itself particularly in matters of substance and style.

Needless to say, the drafting body must take in consideration the public pulse. But they must also engage the assistance of constitution-drafting experts. We definitely do not want in the new constitution an utterly ridiculous provision like Article XVI, Section 10: “The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.”

After a working draft is determined by the drafting body, there should be a sufficient period allotted for public debates.

This time will be very important because this is where the draft of the new constitution will emerge.

And when the final draft is done, there should also be an appropriate amount of time to allow the public to reflect on it. The peoples’ minds must be clear when they decide to enact or to reject the new constitution in the plebiscite.

Ostensibly, organizing an effective and efficient secretariat to coordinate all the requirements mentioned here is absolutely necessary. Indeed, the quality of the team organized for this purpose can make or break the drafting process itself. Hence, only the most committed Filipinos should be considered here.

We must bear in mind that constitutional revision or charter change or whatever it may be called, is fundamentally a nation re-building effort. Therefore, it is imperative that Filipinos be extensively involved in the drafting process as well as to intently monitor the drafting body.

Correspondingly, the latter, be it a Con-Con or a Con-Ass, must consider the minimum requirements for the constitution writing exercise set forth here.

Lastly, it cannot be emphasized enough that we want the new constitution to be more reflective of the times and responsive to the needs of all Filipinos.

Therefore, we must be ready to be actively and directly involved in the drafting process. Indeed, we should

Commentary

Court ruling on CAB inconsistent

GENERAL Santos City--The Supreme Court finally dismissed the petitions filed against the Comprehensive Agreement on Bangsamoro (CAB) in June 2015 by the Philippine Constitution Association (Philconsa), the groups of Tanggulang Demokrasya, Rev. Vicente Libradores Aquino, Jacinto Paras and Rev. Elly Pamatong.

It was reported by various Manila media – last Monday, November 28, in ABS-CBN News; last Tuesday, the 29th, in Rappler.com.

The consolidated five petitions were dismissed for being “premature”. As quoted by SC spokesman Theodore Te, The Manila Bulletin published in full the pertinent portion of the decision written by Senior Associate Justice Antonio Carpio: “The Court noted that there is yet no Bangsamoro law that has been passed and ‘any question on the constitutionality of the CAB and the FAB, without the implementing Bangsamoro Basic Law, is premature and not ripe for adjudication.

“Until a Bangsamoro Basic Law is passed by Congress, it is clear that there is no actual case or controversy that requires the Court to exercise its power of judicial review over a co-equal branch of government.

“The Court also noted that even if there are bills pending in Congress, the Court cannot exercise its power of judicial review over such bills as it would be tantamount to the Court rendering an advisory opinion on a proposed act of Congress.

“The power of judicial review over an act of Congress comes into play only after the passage of a bill, not before.”

This is inconsistent with the action of the Supreme Court when it rendered a decision on October 14, 2008 declaring unconstitutional the MOA-AD (Memorandum of Agreement on Ancestral Domain), also an See RULING, page A6

be ardently preparing intelligent and coherent proposals as to what the new constitution should contain.

Specifically, we should be probing the text of the 1987 Constitution for provi-

sions that need to be revised or removed altogether. A perfect mental exercise over the Christmas holidays.

(MindaViews is the opinion section of MindaNews.

Michael Henry Ll. Yusingco,

a practicing lawyer, is the author of the book “Rethinking the Bangsamoro Perspective.” He conducts research on current issues in state-building, decentralization and constitutionalism.”)

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CONGRATULATIONS To the New Fraternal Order of Eagles ASSEMBLYMAN

1. ML Iligan 1 Branch 1.

ML Bacolod Branch 1. ML Malabang 1 Branch 1. ML Maranding 1 Branch

Quezon Avenue, Iligan City Purok 3, Poblacion Bacolod, Camp Jas, Malabang, Salvador Road, Maranding

Lanao del Norte Lanao del Sur Lanao del Norte

2. ML Iligan 2 Branch 2. ML Camague Branch 2. ML Malabang 2 Branch 2. ML Maranding 2 Branch

Corner BS Ong and Badelles Sts., Macapagal Ave., Camague, Chinatown, Malabang, National Highway, Maranding

Iligan City Tomas Cabili, Iligan City Lanao del Sur Lanao del Norte

3. ML Iligan 3 Branch 3. ML Tambacan Branch 3. ML Malabang 3 Branch 3. ML Tubod 1 Branch

Mercado Street, Pontoy Bldg., Purok 11, Poblacion Malabang, Crossing Poblacion Tubod

Iligan City Tambacan, Iligan City Lanao del Sur Lanao del Norte

4. ML Iligan 4 Branch 4. ML Linamon Branch 4. ML Malabang 4 Branch 4. ML Tubod 2 Branch

B. Labao corner Sabayle Sts., Poblacion Linamon, Campo Muslim, Malabang, Quezon Avenue, Tubod

Iligan City Lanao del Norte Lanao del Sur Lanao del Norte

5. ML Iligan 5 Branch 5. ML Marawi Branch 5. ML SND 1 Branch 5. ML Baroy Branch

San Miguel Street, HRM Bldg., Amai Pak-pak, Canete Bldg., SND, Purok 5, Nat. Highway, Baroy

Iligan City Marawi City Lanao del Norte Lanao del Norte

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ML Malutlut Branch 6. ML SND 2 Branch 6. ML Salvador Branch

Nunez Bldg., Quezon Avenue, Basak Mautlut, Marawi City Poblacion SND, Poblacion Salvador

Iligan City 7.

ML MSU Marawi Branch Lanao del Norte Lanao del Norte

7. ML Iligan 7 Branch Old Agi, 1st St., 7. ML Balabagan Branch 7. ML Lala Branch

Autida Bldg., Roxas Avenue, MSU Compound, Marawi City Poblacion Balabagan, Purok 2, Lala Proper

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Quezon Avenue Extension, Public Market, Kapatagan, National Highway, Poblacion

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National Highway, Mabini St.,

Gymnasium, Kapatagan, Purok 2, Poblacion Kolambugan

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Poblacion Manticao, AREA D

Misamis Oriental AREA C

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Monday, December 5, 2016

Ruling... from page A5

agreement like the CAB between the GRP (Government of the Republic of the Philippines) and the MILF (Moro Islamic Liberation Front). Justice Carpio was among the justices who voted unanimously.

Why did the 2008 Court not declare the case against the MOA-AD premature when, like the CAB, it was just an agreement – in fact less perfect since it had not been signed, just initialed?

No law had been passed – neither was there a bill pending in the Congress – for its implementation.

Had the MOA-AD not been declared unconstitutional, it would have been further negotiated to draft the Comprehensive Compact, the enabling law of the Bangsamoro Juridical Entity, for submission to the Congress after 18 months – as provided in agreement.

In his petition, former

Negros Oriental Rep. Jacinto Paras likened the FAB (Framework Agreement on Bangsamoro) and the CAB to the MOA-AD. He and another petitioner, Rev. Elly Pamatong, “argued that the FAB and CAB are a revival of the MOA-AD”. What they did not acknowledge was that the “revival” followed the suggestion of the 2008 Court.

The 2008 Court stated: “The MOA-AD is a significant part of a series of agreements necessary to carry out the GRP-MILF Tripoli Agreement on Peace signed by the government and the MILF back in June 2001. Hence, the present MOA-AD can be renegotiated or another one drawn up that could contain similar or significantly dissimilar provisions compared to the original.” (bold text ours) That exactly was what the Aquino III government and the MILF did.

The CAB is a compendium of agreements. Its

primary component, the FAB with its four Annexes, is basically the expanded MOA-AD; in form, they are both just agreements. It was their constitutionality, not that of the implementing law passed or still to be passed, that was the subject of the petitions in Court. Yet, the CAB case was “premature”; that of the MOA-AD, not.

The five cases were filed in June 2015 – that of the PHILCONSA on June 19, a Friday. On Tuesday, the 23rd, the Court took cognizance of the PHILCONSA petition and others and ordered the government to answer the petitions. (The Philippine Star, June 24, 2015: ‘Case vs BBL premature’, SC orders gov’t to answer petitions vs Bangsamoro deals.)

The same report by the Star said that during the same session, the Court dismissed, “for being premature”, the petition “by a certain Rolando Mijares” in the preceding month questioning the legality of the BBL since this had not yet been passed.

Curiously, on the spot, the Court decided that the Mijares petition was “premature” for the BBL had not yet been passed. Yet, it took the Court 17 months to decide that the PHILCONSA, et al. petition was “premature” since no BBL had been –

the same ground by which it dismissed the Mijares petition during the same session it took cognizance of PHILCONSA, et al.

Datu Michael O. Mastura of Cotabato City, senior member of the MILF negotiating panel and intervenor in PHILCONSA, et al. was right when he described as “strange” the SC decision although from a different angle. “What was questioned was the constitutionality of the FAB and CAB. But the decision made was about the proposed law in Congress?

They skirted the core issue.

We’re back to square one.”

(MindaNews, December 1, 2015: SC skirted core issue in ruling on petitions vs Bangsamoro peace pacts) In the same MindaNews report: Lawyer Benedicto Bacani, also of Cotabato City, Executive Director of the Institute for Autonomy and Governance, said the decision “does not provide guidelines for the BBL. SC is throwing the ball at Congress. We are back to square one.”

PAPP Secretary Jesus Dureza was more to the point. “A definitive ruling by the Supreme Court would have been the ‘best case scenario’ for the Bangsamoro peace process.” He said this to reporters attending a training seminar on peace

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reporting here last November 5. But that early he was wishing the Court would rule definitively.

He presented the critical issue which only the Court can resolve with finality. Members of the 16th Congress deleted or drastically revised provisions of Draft BBL, citing alleged unconstitutionality. The GPH and MILF negotiating panels maintained the provisions had been vetted by the Office of the President and various government agencies and found to have complied with the FAB, CAB and the Constitution. The same issue if not resolved definitively will beleaguer the new BBL in the 17th Congress.

The definitive ruling that will provide guidelines for the BBL could be any of the following: The CAB is entirely unconstitutional. Forget the BBL and start a new

recourse to solve the Moro or Mindanao Problem.

The CAB is only partially unconstitutional.

Revise those unconstitutional provisions to become constitutional while still CAB-compliant.

The CAB is entirely constitutional. The 17th Congress should pass the new BBL or BEL (Bangsamoro Enabling Law) as submitted by the President as expeditiously as possible.

In short, the Court has shirked from the task that it alone can do to ensure the safe passage of the peace process through the 17th Congress and solve the Moro or Mindanao Problem. On the contrary, it should have been decisive.

••• [Author’s Note: Mind da News, the alternate of COMMENT, is a comment on current news. The author may be contacted at patponcediaz@yahoo.com.]

Dismissed cop, pal nabbed in drug buy-bust

SURIGAO City––A raiding team from the Police Regional Intelligence Division Unit arrested a dismissed police officer and a companion during a drug buy-bust operation here Thursday afternoon.

Arrested at Purok 7, Barangay San Juan was ex-PO3 Frederick P. Cosmiano, 41, who was previously assigned at the Surigao City Intelligence Division. Nabbed with him was Junie Estoque Matin-ao, 40.

The former policeman was caught in possession of a large size of heat-sealed plastic sachet containing suspected of shabu.

The operation was led by Supt. Marlou L. Martinez, of Regional Intelligence Division 13, in coordination with Philippine Drug Enforcement Agency-Caraga. Supt. Noel Silvosa, city police chief, declined to comment on the arrest of their former colleague. Silvosa prevented members of the media to interview the suspect. Cosmiano is now temporarily detained at the Surigao City Police Office detention cell while waiting for appropriate charges to be filed against him.

Police officers in Surigao City told MindaNews that Cosmiano was dismissed from service last September when he was found to be positive of shabu. Last November 4, two active policemen in Surigao City were arrested at an inn during a buy-bust operation. The two cops, identified as PO1 Arnel Galve Odog and PO2 Ronnie Capanpan Custodio, are now behind bars.

Odog was a member of PNP-Maritime Group assigned in Surigao City while Custodio was with the Tagana-an Municipal Police Station. (Roel N. Catoto / MindaNews)

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Arrest... from page A4

Philippines, as mandated in Matthew 16:18 and Isaiah 46:11 of the Bible.

Jesus saw that the “big church” will be in disarray on account of the serious rift among its top leaders, thereby endangering the “fulfillment of God’s purpose during the end time” (see Isaiah 46:11 and Matthew 24:14). It is clear that even at the time of Isaiah, there was already a recognition that the fulfillment of God’s purpose---salvation through the faith that Jesus is God and Savior---would be carried out through the Church from the Far East!

Fares... from page A1

said they have decided to re-impose the original fare for buses plying to and from the cities of Malaybalay and Valencia, and Maramag, all in Bukidnon.

In a meeting at the LTFRB-10 office recently, officials from the Rural Transit Mindanao, Inc. (RTMI), Super 5 and Pabama had agreed to abide by the fare rate implemented by the agency.

Under the LTFRB-imposed tariff, the fare for the Cagayan de Oro-Malaybalay and vice versa is P150, while the special privilege rate for students and senior citizens is P120; Cagayan de OroValencia, P200, special privilege is P160; and Cagayan de Oro-Maramag, P240, special privilege is P190.

These fares took effect Dec. 1 but the operators have asked the LTFRB-10 to implement it Monday, Dec. 5, to give them time to inform the riding public.

Guro said they have received complaints from some bus operators that their competitors have lowered the fare by as low as P90 in the guise of a “special promo” rate.

While this practice has benefited the riding public, Guro said it has affected the income of the smaller business operators who cannot afford to lower their ticket prices.

He said the agency is optimistic that the bus operators will comply with the tariff as they will penalize those who fail to observe the fare rate.

For the first offense, the violator will be fined P5,000; second offense, P10,000 and impounding of unit for 30 days; third and succeeding offense, P15,000 and cancellation of franchise.

Jessie Boy Lentorio, RTMI administrative manager, said they are glad that all the operators were unanimous in their decision to implement the exact fare rate imposed by the LTFRB. “We are happy that we (bus firms) have come to an understanding,” Serjohn Panis, Pabama manager, who added that there should be a healthy competition among bus operators and the lowering of fares will be eliminated.

Panis said if the fare wars will go on, Pabama could not sustain their operations due to reduction of their revenue.

For her part, Etta Duhaylungsod, the Super 5 manager, said it is her hope that the other bus companies will follow the original tariff enforced by the LTFRB-10.

Monday, December 5, 2016 exchanged for the dismissal of an alleged rape during an entrapment operation here.

Seized from Abejo where the alleged marked money, his personal mobile phone, a motorcycle and copies of the alleged CPO resolution - already signed by one of the three prosecutors who were assigned to the case.

Village...

Retun...

came up with this wonderful idea to make our camp a place where you and your family could have the best time to spend and feel the spirit of the Yuletide season.”

To make the festivity more interesting, five groups comprising the different post units and offices of 4ID demonstrated their artistic talents as they are pitted against each other in the search for the Best Christmas Showcase. Each team is given one Christmas tradition to showcase.

It must be a combination of “Filipinized” Christmas symbols made up of indigenous and/or recycled materials. The winners of this friendly competition will be announced on the 16th of December during the 4ID Command Christmas Party.

The activity was witnessed by students from Patag elementary school and people of all ages from different communities in Cagayan de Oro City. It was graced by no less than the Vice Commander of the Philippine Army, Major Gen. Harold N Cabreros, who officiated the ceremonial switch-on of Christmas lights.

The program ended with a fireworks display and musical entertainment by the 4ID Diamond Band.

and unexploded ordnance Friday, after a weeklong operation against the Maute group that occupied the town since Nov. 26.

“We have collected more than a hundred unexploded shells so far. We do not know how many more are left lying on the field,” an ordnance specialist told MindaNews.

Journalists who entered the town starting last Wednesday found most of its buildings damaged by the fighting.

The fences of many houses and buildings bore the graffiti of the Maute group.

Several houses have hastily-dug foxholes where the Maute fighters positioned themselves against government troops.

The soldiers who first entered the town last Sunday found a flag of the Islamic State of Iraq and Syria flying on the pole of the old abandoned town hall.

Many residents, however, refused to flee even as fighting raged last weekend.

Among those who chose to remain in their houses were “Aileen” and her family.

She said she and her neighbors did not leave fearing their houses would be ransacked. They just dropped on the floor as soldiers and Maute members who were hiding in fortified positions only a hundred meters from their concrete house in Barangay Bayabao exchanged fire.

“I was scared that somebody will steal everything from my houses. So I stayed with my children inside our house and stayed indoors through out the fighting,” Aileen told Mindanews.

“If we leave, our chickens and goats will no longer be here when we come back.

Somebody will steal them,” she narrated.

“Aileen” asked that her identify be hidden for fear of reprisal from the Maute group.

The Department of Social Welfare and Development said some 2,450 families or 12,500 persons from eight barangays have fled the fighting in Butig.

Following Maranao tradition, most of those who fled stayed in the houses of relatives in adjoining towns rather than live in schools.

27-year-old Kamal Kiram said members of the Maute group knocked on their doors and roused them from sleep in the wee hours on Nov. 26.

“They told us to pack our belongings and evacuate because there will be fighting soon,“ Kiram said.

from page A1

Face... from page A1

Pallugna said that the CIDG and the members of the Cyber Crime team seized the mobile phone of Abejo and transcribed the messages, including those that were not part of the investigation without a proper court order.

He said that the action taken by the CIDG and the information released by the RSP to the local media has violated the privacy of Abejo.

RSP Jaime Umpa welcomed the filing of the charges and vowed that the prosecution would not be intimidated by the charges.

“The charges were part of the risk of our job as prosecutors. The case would not deter the CPO from ferreting out the truth and subsequently charged those found liable for the crime,” Umpa said.

He said that the CIDG and the Cyber Crime group has initially identified seven CPO who were directly or indirectly involved in the illegal fixing.

The CIDG collared Abejo while allegedly accepting “bribe money” intended for some city prosecutors in

from page A2

He said they waited till daybreak to flee to the house of “Aileen” where they felt they could be safe.

Murillo said the Maute group may have known in advance that they would be attacked by government troops when they (Army) notified the Moro Islamic Liberation Front through the Ad Hoc Joint Action Group or and the MILF Coordinating Committee on the Cessation of Hostilities.

He said it was necessary to inform their MILF counterparts to avoid a repetition of what happened in Mamasapano, Maguindanao in January 2015 where 44 personnel of the police Special Action Force died in a raid on international terror suspect Zulkifli Abdhir alias Marwan.

“It is necessary otherwise we would also incur the same number of casualties if we did not informe these bodies. It’s a small price to pay,” he explained.

That’s why the offensive against the Maute group had to be delayed for a day.

The military said 45 Maute members died in the seven days of fighting but no bodies have been recovered.

At least 22 soldiers were wounded, 11 of them members of the Army Light Reaction Company.

Roadmap... from page A3

positive for the use of illegal drugs; 17 were already administratively charged; 13 were criminally charged; 19 were killed when they opted to fight it out against arresting officers; 11 have died while under investigation; 40 were arrested; 43 were forced to surrender; and 5 surrendered voluntarily.

Dayanghirang said only a small percentage of the numbers of PNP involved in illegal drugs came from Davao Region.

He pointed out that only a few members of the PNP are suspected to be involved in illegal drugs and that a huge number of policemen in the country are still true to their tasks and mandates. “ This is the reas on why I believe the PNP can achieve their goals in their Plan 2030 roadmap.

Majority of them are still true to their mandate,” he said.

The council chair explained that in order for the PNP to achieve the goals of their roadmap, certain steps are being done from the local police stations to the higher echelons of the organization.

Among these are on the level of resource management where the PNP must optimize the use of their financial and logistical resources; on the level of their learning and growth, to include the development of their competent, motivations, values orientations and discipline. A report culled from the Philippine News Agency

Region... from page A3

in the region as of September this year.

Bellido added that OFWs registered with OWWA and the POEA are considered registered workers and are covered with benefits from the government, including insurance and assistance.

He also took note of cases where OFWs leave for abroad to work using the regular or tourist visa, making them vulnerable to challenges and unable to receive assistance from OWWA and POEA. “We do not have the records of workers who go abroad to work using regular or tourist visas. These workers are oftentimes vulnerable to abuses,” he said, adding that their agency has no way of monitoring their conditions to provide support and assistance in times of troubles and problems.

Bellido also called on residents in the region who are planning to work abroad to go through the correct processing and ensure that they are registered in OWWA and POEA. OWWA-11 made the call after two Filipino nurses from Davao City working in the United Arab Emirates (UAE) met an accident last November 12.

The nurses, both female, considered by OWWA-11 as undocumented workers because they used regular or tourist visas, were bumped by a speeding BMW in said country.

One of the victims, Estee Banaag from SIR Matina died last November 27 while the other victim, Melissa Roble from Cabantian, Buhangin suffered injuries in her spinal column.

Another case that Bellido raised was that of Vilma

A7

Lastima, an OFW working in Jordan who went home last November 24 and left her three-month-old baby at the Ninoy Aquino International Airport (NAIA).

Bellido said their office painstakingly looked for Lastima in her declared address in Maco town, Compostela Valley but they failed.

The local family welfare officer in Compostela Valley has no record of Lastima indicating that she was a documented OFW when she left the country.

Bellido believed Lastima used a tourist or regular visa when she went out of the country and worked in Jordan. (PNA)

Victims... from page A3

continue to strengthen advocacy campaign on VAW by going to the barangays including hard-to-reach areas.

She said women in remote areas must also know about this program to ensure of their rights as well as of their safety and protection.

She also noted that women in remote places are vulnerable and usually do not come out in the open because of fear.

“We have to go to the farthest barangays and conduct orientation on VAW,” she said.

IGDD has also organized a legal team whose task is to handle the increasing incidence of violence against women.

Mandin said VAW incidences continue to increase from the 600 cases last year from January to June to about 900 cases during the same period this year.

She attributed the increase to the rising number of women reporting their cases. (PNA)

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