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THURSDAY, MARCH 15, 2018 mst.daydesk@gmail.com
CHR to govt: Show respect to rights bodies By Rio N. Araja THE Commission on Human Rights on Wednesday called on the Duterte administration to show more respect to other human rights bodies. “We caution the government against dispensing allegations without proof,” CHR spokeswoman Jacqueline de Guia said. “Rather than attacking human rights bodies and human rights defenders, we urge the government to display a sincere commitment to transparency and the rule of law by allowing unhampered investigations to take place.” The commission has expressed concern over the government’s questioning of the legitimacy of international human rights bodies inquiring about the rule of law and human rights in the Philippines. “This is despite the fact that the Philippines has been a signatory to a number of treaties on human rights which, in turn, have given authority to these bodies to monitor the situation and recommend measures in improving the human rights condition in the country,” De Guia said. She said the government is open to investigations except for those it claims are biased, adding expressions of concern on the human rights situation in the country should not be construed as partiality. As in the case of UN Special Rapporteurs, investigations were opportunities to clarify and collaborate in pursuit of better protection and promotion of human rights on the ground, De Guia said. “Instead, Agnes Callamard [Special Rapporteur on extrajudicial, summary or arbitrary executions] has been constantly a subject of government tirades. Victoria Tauli-Corpuz [Special Rapporteur on the rights of indigenous peoples] has been included in a petition to declare her as a terrorist,” De Guia said.
First... From A1 Haspel is reported to have overseen a CIA “black site” in Thailand where Al Qaida suspect Abu Zubaydah was waterboarded— widely deemed a form of torture—after the 9/11 attacks. Both Pompeo and Haspel require Senate confirmation to assume their new posts. A hearing for Pompeo is expected in April. A senior White House official said Trump wanted to reshuffle his team with a view to launching talks with North Korea, following last week’s spectacular announcement that he plans to meet Kim Jong Un by the end of May. While Trump thanked Tillerson “for his service,” he was sparing in his praise of the 65-year-old former Exxon chief, long rumored to be on the way out. Before leaving on a trip to California, Trump spoke openly of their differences— singling out the Iran nuclear deal—as he explained the rationale for the latest departure from his chaotic White House. “We got along actually quite well but we disagreed on things,” Trump told reporters. “When you look at the Iran deal, I thought it was terrible, he thought it was okay.” The remark suggests Tillerson’s sacking spells trouble for the agreement, under which Iran surrendered much of its nuclear infrastructure and opened the rest to international inspection in exchange for sanctions relief. “I wish Rex a lot of good things,” the president said. “I think Rex will be much happier now.” AFP, with Rey E. Requejo
SALN... From A1 Even before Sereno applied for the post of Associate Justice at the Supreme Court, Escudero, then a member of the JBC, said the rules were already relaxed. “If I remember it, the rules were relaxed for all applicants, which included the chief justice, during that time and after that time .That is not even for the position of chief justice but for ordinary justice. We applied it to other justices at the time,” Escudero said. He noted that anyone could peruse the minutes of their meeting when they decided to relax the rules. “We decided, based on the minutes, on what’s applicable to all applicants,” said Escudero. He recalled there were applicants who had worked for the government for 20 years or 15 years, and moved from one agency to another, with no record of their SALN. Sereno had been accused of failure to comply with all the requirements needed to be Chief Justice when she did not submit all of her SALNs. This was one of the grounds in the impeachment complaint filed against her and also the basis for a quo warranto petition filed before the Supreme Court. At least two Supreme Court justices said Sereno should not have been included in the list of 2012 JBC nominees for the high magistrate post because of this failure. Escudero said the JBC had been discussing associate justice applicant Roberto Abad situation when they had relaxed the SALN rules. However, Escudero said the relaxed rules did not mean that applicants were excused from submitting SALNs, especially the most recent ones. The relaxed rules only applied to very old SALNs, he said.
VP vote recount reset; PET cites lack of revisors T
HE Supreme Court has rescheduled the recount of the votes in the 2016 vice presidential race following the electoral protest filed by former senator Ferdinand Marcos Jr. on April 2 against Leni Robredo. Robredo won the vice presidential race but Marcos claims he was cheated and demanded a recount of the votes. The recount was confirmed by both camps on Wednesday. The recount was first scheduled in February but was later reset to March 19. Marcos’ spokesman Vic Rodriguez said the high court, sitting as the Presidential Electoral Tribunal, cited lack of “revisors” as the reason for the rescheduling of the recount. The PET informed the parties that only 42 revisors passed the new mandatory psychological evaluation, hence the need for eight more to complete the required 50 vote revisors, Rodriquez said. Maria Bernadette Sardillo, one of Robredo’s
legal counsels, said the PET called for a meeting on Tuesday afternoon regarding the matter. “We expect to be called for another meeting soon to finalize arrangements,” Sardillo said. “We trust the PET in these proceedings as it is in our best interest to finish this protest to quash any doubt about the choice of the Filipino people and the victory of Vice President Leni Robredo.” The ballot recount covers the three pilot provinces of Camarines Sur, Iloilo and Negros Oriental, which were chosen by Marcos as the best provinces where he could prove the irregularities he cited in his poll protest. Earlier, both camps agreed to withdraw all the motions they had filed before the
House defers barangay polls; Senate won’t go along with plan
PET to be able to proceed with the recount. Marcos filed his protest on June 29, 2016, claiming the camp of Robredo cheated in the automated polls in May of that year. Marcos contested the results in 132,446 precincts in 39,221 clustered precincts covering 27 provinces and cities. In his preliminary conference briefing, Marcos also sought a recount in Camarines Sur, Iloilo and Negros Oriental. Robredo filed her answer in August last year and filed a counter-protest. She questioned the results in more than 30,000 polling precincts in several provinces where Marcos won. She also sought the dismissal of the protest for lack of merit. The PET, in a ruling earlier this year, dumped Robredo’s plea and proceeded with the case after finding Marcos’ protest sufficient in form and substance. Robredo won the vice presidential race with 14,418,817 votes or 263,473 more than Marcos’ 14,155,344 votes. PNA
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He said the first degree of relationship refers to one’s parent and child, while the second degree of consanguinity (relationships by blood) or affinity (relationships by marriage) refers to the grandparent, grandchild and sibling. • Senate President Pro Tempore Ralph Recto said Wednesday it is too late to defer this year’s barangay and SK elections. Senator Nancy Binay, meanwhile, renewed her appeal to Malacañang to fill the three vacancies in the Comelec after the House of Representatives on Monday voted to postpone the coming elections and move them to October. “We reiterate our appeal to Malacañang to appoint three more commissioners to the Comelec to ensure smooth preparations for the May 14 barangay polls,” Binay said. The approval came despite stiff opposition from opposition lawmakers led by Rep. Lito Atienza. He said the people should be given the chance to exercise their right to vote and choose their leaders.
His genius and wit won over fans from far beyond the rarified world of astrophysics, earning comparisons with Albert Einstein and Sir Isaac Newton. Hawking died peacefully at his home in the British university city of Cambridge in the early hours of Wednesday morning. “We are deeply saddened that our beloved father passed away today,” professor Hawking’s children, Lucy, Robert, and Tim said in a statement carried by Britain’s Press Association news agency. “He was a great scientist and an extraordinary man whose work and legacy will live on for many years.” Hawking defied predictions he would only live for a few years after developing a form of motor neurone disease in his early 20s. The illness gradually robbed him of mobility, leaving him confined to a wheelchair, almost completely paralyzed and unable to speak except through his trademark voice synthesizer. “His courage and persistence with his brilliance and humor inspired people across the world,” his family said. “He once said, ‘It would not be much of a universe if it wasn’t home to the people you love.’ We will miss him forever.” AFP
What is the root cause of deterioration? It was drugs.... Validated by the people. He won the election. He will now enforce the law. There’s a law and yet they meddled. They’re trying to micromanage the country and they’re going overboard. I can see his point of view,” said Pimentel. Drilon said the crucial issue here is what happens to the preliminary examination. “I think that was what prompted the withdrawal, if I can read Malacañang,” he said. Under Article 127 of the Rome Statute, he said, the withdrawal has no effect on the cases which were filed before the withdrawal. He said the withdrawal will not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing state had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the court prior to the date on which the withdrawal became effective. “So that is the legal issue now: the effect of the withdrawal. The Rome Statutes so provide. This question will ultimately be decided by the court itself,” said Drilon. Unfortunately, he said the Senate has no say on the withdrawal. “I have tried to introduce a resolution before, in February of last year, where I filed Senate Resolution 289, a resolution expressing the sense of the Senate that the termination of or withdrawal from treaties and international agreements concurred in by the Senate shall be valid and effective only upon the concurrence by the Senate. I filed the resolution and
it was signed by the majority of the senators; unfortunately, I think it was Senator [Manny] Pacquaio who objected to it, so it was not passed. So what we did was in the individual treaties that were ratified by the Senate, individually we introduced this paragraph. Of course the Rome Statute ratification was not affected because it was ratified much earlier.” Trillanes also said the withdrawal has no legal effect on the cases already filed before it, citing the Rome Statute which states that “the effectivity of the withdrawal is only a year after the notification.” Because of this, Trillanes said all offenses committed by Duterte as documented are still covered by the ICC. “This is but a political move by Duterte because he knows that there is no way out for him in the ICC. He cannot intimidate them like he’s doing with our courts,” Trillanes said in a mix of English and Filipino. “But let me backtrack a bit. First, he said that he is willing to be jailed for what he has done. Then, he said that the ICC has no jurisdiction and that he has not committed any crime against humanity.” By withdrawing from the ICC, Duterte has practically admitted that he is guilty of the allegations filed against him, Trillanes said. “Mr. Duterte, man up and face the accusations against you. You have killed 20,000 Filpinos. That is clear and the whole country has witnessed it. The day of reckoning is coming,” he said. Senator Joel Villanueva said the President should reconsider and face the process of the ICC. “It sends a wrong message to the international community on the political state of the country,” he added. Former Solicitor General Florin Hilbay said Duterte has no authority to withdraw from the ICC on its own because it was rati-
fied by the Senate. The National Union of People’s Lawyers called the withdrawal “a cop-out.” “It jumps the gun on his potential legal liability or responsibility. He wants to be immune and act with impunity both under domestic law and under international law. The legal reasoning and factual narrative of the withdrawal are novel at best and skewed at worst. The bases and protocol for the withdrawal are either premature, assumes a fact not established, conclusory or inapplicable. They are patently self-serving and unilaterally rearranges the cosmos of international law and its principles,” the group said in a statement. Human Rights Watch associate director for International Justice Program Param-Preet Singh said the intention to walk away from the ICC was “unfortunate but it does not shut the door on the prosecutor’s scrutiny of the government’s horrendous track record of grave abuses.” Isabela Rep. Rodolfo Albano III on Monday welcomed Duterte’s announcement that Philippines is withdrawing from the ICC. “We will not allow any foreign court to impose upon our sovereignty,” Albano said. “We should resist any interference by any international tribunal lest we become puppets of these nations.” But opposition and Bayan Muna Rep. Carlos Zarate warned that Duterte’s withdrawal from the ICC was a “grave setback to human rights and accountability.” “President Duterte’s withdrawal from the Rome Statute is intended to escape accountability by present and even future officials for crimes committed against the people and humanity. This is ominous,” Zarate said. “For all the bluster of the present administration in the manner it launched its bloody wars, this withdrawal also means that it is gravely petrified of the long arm of the law and accountability,” he added.
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the “selfie king” and the President’s long-time aide. “We know him. He is known by the people as the loyal aide of the President. He is known as Bong Go, the ‘selfie king’,” Velasco said. “He was recognized by many Filipinos when he faced the [frigate] controversy at the Senate. He came out with a clean name and unscathed dignity. “But we know him as Bong Go, our loyal friend. We know him for his humility. These traits show that SAP Bong Go is more than just an aide of the President and a selfie king.” Velasco said Go, if he becomes senator, would push for Duterte’s federalism advocacy. “We know that his priority once he is in the Senate is to help push President Duterte’s ultimate goal of federalism, which would raise people out of poverty and straighten the path the Philippines is taking,” Velasco said. “These are the reasons why we encourage SAP Bong Go to be a representative of the people in the Senate.” PNA
discipline, interior administration, training and general efficiency of the Cadet Corps. For all these numerous duties and responsibilities, the Baron has the distinction of wearing the longest chevron in the corps of cadets. Hontoria will be receiving from President Rodrigo Duterte the coveted Presidential Saber, aside from the Humanities Plaque, the Chief of Staff Saber, the Natural Sciences Plaque, the Philippine Navy Saber, the Social Sciences Plaque, the Academic Group Award, the JUSMAG Award, the Australian Best Overall Performance Award, the Department of Leadership Plaque, and the Spanish Armed Forces Award. The 25-year-old will be leading the 282-strong members of the Alagad ng Lahing Binigkis ng Tapang at Lakas or ALAB Tala Class of 2018, which counts 207 men and 75 women. Of the graduating class, 143 will be joining the Philippine Army, 71 will be joining
the Air Force, and 68 will be joining the Philippine Navy. Duterte will be commissioning the members of the graduating class as 2nd Lieutenants and Ensigns of the Armed Forces of the Philippines during the ceremonies at the Borromeo Field inside Fort del Pilar here. PMA Superintendent Maj. Donato San Juan II said the graduating class owns the distinction of having the most number of females who are able to hurdle the rigid training inside the premier military school in the Asia-Pacific region. “This is a historic event for the PMA, as we have a valedictorian who is also a baron. The last time this happened was in 1951 with Leopoldo Regis,” said PMA Superintendent Lt. Gen. Donato San Juan. Speaking to the website Rappler, Hontoria said he felt humbled in joining the elite group of valedictorian-barons. He was already a registered nurse, having graduated from West Visayas State University, before joining the academy. “I was almost too old to become a PMA cadet and took the exam at my cut-off age,” he told Rappler.
By Maricel V. Cruz, Joel E. Zurbano in the locality where he or she seeks to be elected.” and Macon Ramos-Araneta THE House of Representatives on Wednesday approved on second reading the bill postponing the barangay and Sangguniang Kabataan elections to Oct. 8, 2018 from May 14 this year. The House leadership is expected to approve on third and final reading next week the substituted House Bill 7378 as Congress goes on a Lenten break beginning March 23. In other developments: • The Commission on Elections said Wednesday this year’s Youth Council elections will be the country’s first election exercise when the government enforces the provisions concerning political dynasties. Comelec spokesman James Arthur Jimenez said the Sangguniang Kabataan Reform Act says SK candidates “must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal or barangay official
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Du30... From A1 “The acts allegedly committed by me are neither genocide nor war crimes. The deaths occurring in the process of legitimate police operations lacked the intent to kill,” he added. But even as early as Oct. 13, 2016, when Duterte had only been in office less than four months, the ICC prosecutor Fatou Bensouda said in a statement that she was “deeply concerned” over reports of extra-judicial killings of over 3,000 alleged drug users and pushers. Adding pressure on Manila, in February, the UN Human Rights Council in Geneva raised the country’s human rights record with Iceland Foreign Minister Gudlaugur Thor Thordarson calling on the Philippines to accept the visit of a UN special rapporteur. Philippine officials had initially said in February that the country was ready to cooperate but asked for fairness. Duterte’s spokesman Harry Roque also said they would refuse a visit by one such rapporteur Agnes Callamard, who had previously been pressing to investigate the killings. But Roque has also said the ICC has no jurisdiction over the case because the tribunal was intended as a “court of last resort” and the Philippine courts were fully functioning. The Philippines is among the 124 countries that are members of the United Nationsbacked ICC, the world’s only permanent war crimes court. The permanent international court can prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression. In a strongly worded statement, President Duterte said that there appears to be a concerted effort on the part of the UN special rapporteurs to paint him as a ruthless and heartless violator of human rights who allegedly caused thousands of extrajudicial killings. The President accused the ICC of prematurely making a public pronouncement of a preliminary examination, which effectively created the impression that he is to be charged for serious crimes falling under its jurisdiction. “The attempt to place me under the jurisdiction of the ICC is brazen display of ignorance of the law. The ICC has no jurisdiction nor will it acquire jurisdiction over my person. The ICC has no jurisdiction nor will it acquire jurisdiction over my person,” Duterte said. Duterte, a former prosecutor, said that Rome Statute’s contention that he can be charged under international law is not effective nor enforceable in the Philippines. “Under our law, particularly the New Civil Code, a law shall become effective only upon its publication in the Official Gazette or in a newspaper of general circulation. Devoid of the legal required publication, the Rome Statute is ineffective and unenforceable,” the President said. The President also slammed UN special rapporteur Callamard and UN High Commissioner on Human Rights Zeid Ra’ad alHussein for being biased. He said that when the Philippine government made itself a signatory to the Rome Statute, it was on the assumption that the internationally accepted principles of justice in relation to the Philippines’ constitutional requirement on due process would be upheld. With AFP
NBI... From A1 Jhun, and Chen Rong Huan in connection with the smuggling of P6.4 billion worth of shabu from China in May last year. Aguirre also formed another panel to handle the motion for reconsideration filed by the Philippine National Police-Criminal Investigation and Detection Group. In a separate order, Aguirre said the new panel would be composed of Senior Assistant State Prosecutor Juan Pedro Navera, Assistant State Prosecutor Ana Noreen Devanadera and Prosecution Attorney Herbert Calvin Abugan. Senior Deputy State Prosecutor Richard Anthony Fadullon will act as Prosecutor General for the case. Aguirre also again sought to ease criticism on the dismissal, saying that it is not yet the end of the case since there is still the motion for reconsideration and after that an automatic review, which will be conducted by his office. He said those who criticized him for the dismissal do not know how the process works in cases filed before the NPS. Senator Richard Gordon, meanwhile, continued his criticism of Aguirre, and said dared him to file charges against Espinosa and Lim. He also urged President Rodrigo Duterte to look into the case right away, because the dismissal of the case against Espinsa and Lim was serious. Gordon said he would call for Aguirre’s resignation if he does not reverse the decision of the panel of prosecutors. Detained Senator Leila de Lima said the travesty of the fake war on drugs is that it has never eliminated drug lords or the sources of drugs. She said it has always targeted those at the lowest level of the drug chain, dealing on them the capital penalty of death without trial and on mere suspicion. The opposition senator said there can be no excuse for the Philippine National Police and the Justice Department’s failure to bring real druglords to court. “They seem to have no problem filing fake drug cases against political opponents of the Duterte administration like me. It appears that the law enforcement and justice machinery of the government under this administration has already forgotten how to file and prosecute real drug cases. They have become such experts in filing fake drug charges that they have become completely incompetent in the case build-up and the filing of real ones. This makes the drug war useless, as it is fake,” she said.