SC junks ABS P1-b countersuit vs. ‘Kuya Wil’

By Rey E. Requejo

THE Supreme Court has overturned the ruling rendered by the Court of Appeals reviving the over P1 billion compulsory counterclaim that television giant ABS-CBN Broadcasting Corporation sought against former Wowowee host Willie “Kuya Wil” Revillame for breaching his contract with the network in 2010.

“[If we import], I estimate our energy cost in Luzon will go up by 50 percent. And that will be devastating to everybody, that will fuel inflation. And consumers will suffer,” he added.

Recto Bank, northwest of Palawan and within the country’s exclusive economic zone, is said to possibly hold up to 5.4 billion barrels of oil and 55.1 trillion cubic feet of natural gas.

In January, President Ferdinand Marcos Jr. told Chinese President Xi Jinping he is hopeful that efforts to revive talks on joint oil exploration in the West Philippine Sea will “bear fruit.”

Talks on the joint exploration of oil and gas between the two countries were “completely terminated” during the term of President Rodrigo Duterte.

Since January, however, Chinese incursions have continued and escalated, with a laser-pointing incident in February and the water cannon attack earlier this month.

In July, the Supreme Court denied with finality a tripartite partnership of the Philippines, China, and Vietnam to explore a portion of the West Philippine Sea for oil and gas.

The High Court struck down due to lack of merit the appeal of its January 10, 2023 decision declaring as unconstitutional the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) by China National Offshore Oil Corp. (CNOOC), Vietnam Oil and Gas Corp. (PetroVietnam), and the Philippine National Oil Company (PNOC).

China, saying it should show evidence to prove its claim that the Philippines made any promise to remove the BRP Sierra Madre from Ayungin Shoal where it has been serving as an outpost since 1999.

“It was claimed [by China] but we have no record of such an agreement.

We have asked them to give us a copy or any written copy of an agreement but they have never given us any copy,” Manalo told legislators during a budget hearing.

“If there is no clear indication that such an agreement, then we can assume that there is no such agreement that exists,” he added.

Mercado: Creeping invasion since 1995

Former Defense Secretary Orly Mercado said China has been doing a “creeping invasion” since 1995 when it occupied Mischief Reef.

Mercado said it was also unthinkable to claim that former President Joseph Estrada was the one who made a commitment to remove BRP Sierra Madre when he was the one who ordered its “deliberate grounding” in 1999 along with BRP Benguet in Scarborough

The ship’s removal was reportedly done to appease China, whose thenPremier, Zhu Rongji, was planning to cancel a visit to Manila in November 1999, Mercado said.

“Now we have no control over [Scarborough Shoal],” he said in a television interview Tuesday.

“The position of the Department of Foreign Affairs then was different from ours,” Mercado said, but clarified it did not mean a commitment was made to remove BRP Sierra Madre.

“I don’t believe that the President [Estrada] would have given them that promise,” Mercado said.

‘Don’t be a doormat, protect core interest’

Mercado also cautioned the Marcos administration against pursuing a “friend to all, enemy to none” diplomatic stance.

“There is no such thing. In a world of inequality and insecurity, it is very important that you identify your core national interest and you protect that. You’ll become the doormat of your neighbors if you do that,” he added.

On Monday, Chinese Embassy’s Deputy Chief of Mission Zhou Zhiyong claimed the Philippines “made an ex- cated within the disputed territories.

Senate President Juan Miguel Zubiri, however, said China’s claim was nothing but “a psychological warfare at its best.”

“Now that we are rallying behind the Philippine Navy and the Philippine Coast Guard, they tried to make up a statement that will make us fight internally. It’s psy-war. We should not succumb to psychological warfare. We should stand united,” Zubiri said.

P100m funding for Ayungin structures

Senator Francis Escudero, for his part, sought the allocation of at least P100 million in the 2024 national budget to bankroll the construction of permanent structures at Ayungin Shoal to strengthen the country’s presence. He said the move will give President Ferdinand Marcos Jr. some flexibility as the chief architect of the country’s foreign policy.

“Otherwise, we will have to wait another year if he decides to do so sometime next year without any budget cover,” Escudero said. “I don’t think anything prevents us from at least allocating funds in order to give the President flexibility to make the accommodations in that shoal more acceptable for our soldiers who are there instead of living in a dilapidated old ship. “

In a 22-page decision penned by Association Justice Maria Filomena D. Singh, the SC’s Third Division also dismissed two other petitions filed by ABS-CBN concerning copyright infringement against Revillame and TV5 owned by ABC Development Corporation (ABC Corporation) due to “deliberate and willful forum shopping.” According to the tribunal, the issues “actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action.”

In 2010, Revillame filed a P11-million damage suit against ABS-CBN, asking the court to make a judicial confirmation of the end of his contract with ABS-CBN.

In response, the network slapped him with a compulsory counter-claim for allegedly reneging on his contract set to expire in 2011.

The High Court took judicial notice of the resolution dated October 16, 2019, of the SC’s First Division in ABS-CBN Corporation v. ABC Development Corporation, et al., which affirmed the decision dated September 5, 2011, and the resolution, dated April 26, 2012, of the Court of Appeals. These declared ABS-CBN guilty of forum shopping in filing a complaint for copyright infringement before the Regional Trial Court (RTC) of Makati City while seeking judicial relief through its compulsory counterclaim in the rescission and damages case before the Quezon City RTC.

DFA:...

From A1 necessary legal processes have been completed,” he said.

In a related development, the Comelec needs a copy of the Supreme Court decision regarding the territorial row between Makati and Taguig cities to finalize preparations for the BSKE for the two local government units.

Garcia said Comelec needs to clarify if whether Makati’s second Motion for Reconsideration with the High Court was really denied, and if there is no longer an option to file for another MR. Comelec will also need to coordinate with the Department of Education regarding schools that will be used for the BSKE and with the Department of the Interior and Local Government for police deployment.

The PNP, meanwhile, has monitored 27 “areas of grave concern” for the Barangay and Sangguniang Kabataan polls.

These areas would be classified under the red category of the election hotspot list, PNP deputy chief for operations Lt. Gen. Michael John Dubria said during the joint press conference with the military and Comelec on Tuesday.

The areas are under the election hotspot list which has four categories -green, yellow, orange and red.

“We have some figures here but this is still to be submitted to the Comelec en banc for approval but for a bird’s eye view of our election areas of concern, we have four categories,” Dubria said.

Certeza was referring to the 14 public schools located in the affected barangays in District 2: Fort Bonifacio Elementary School, Cembo Elementary School, South Cembo Elementary School, Pitogo Elementary School, East Rembo Elementary School, Rizal Elementary School, Comembo Elementary School, West Rembo Elementary School, Pembo Elementary School, Makati Science High School, Benigno “Ninoy” S. Aquino High School, Tibagan High School, Fort Bonifacio High School, and Pitogo High School.

Villanueva further stated that “all cases currently filed and pending before the first and second level courts in Makati City should continue to be tried, heard, and decided by the said courts.”

On Monday, Taguig City Mayor Laarni Cayetano launched the annual Brigada Eskwela in Makati Science High School and visited Fort Bonifacio Elementary School and Fort Bonifacio High School. All three schools are lo -

“It is evident that Taguig did not adhere to and disregarded the rule of law by not waiting for a writ of execution. Their unlawful entry in our public schools without securing the necessary legal processes clearly demonstrates a lack of respect for established procedures and the principle of jurisdiction,” Certeza said.

Certeza appealed to Taguig officials to adhere to the rule of law to avoid confusion among parents and students and unnecessary tension in barangays affected by the SC decision.

He said the city may file criminal and administrative charges against Taguig for its unlawful attempt to take possession of properties owned by Makati.

Makati City Mayor Abigail Binay said Taguig has yet to secure a writ of execution from the court of origin.

She also said Department of Education Memorandum Order 2023-735 only addresses the transfer of management and supervision of the 14 affected public schools, not the transfer of ownership.

The mayor reiterated that these public schools are titled to Makati and were constructed using the city’s funds, un- probability that 2023 will rank warmest on record.” derscoring the importance of upholding established property rights.

Earlier, Mayor Binay proposed a status quo arrangement where Makati would continue its services in the affected schools. This proposal aims to alleviate worries among students and parents and avoid disruption in school operations, she said.

The Taguig City government on Tuesday appealed to Makati City officials to stop sabotaging the transition with fake news and false narratives, and instead focus on real public service.

Cayetano accused Certeza of being a liar when he claimed that in July, Taguig rejected an offer to provide free school supplies, uniforms, and shoes to students affected by a Supreme Court decision.

“It seems that Makati City Administrator Claro Certeza is spreading false information about Taguig City,” said Cayetano, adding that Certeza was not even present during the meeting where the supposed offer was made.

Cayetano said she requested the said meeting with the Department of Education to ensure that services to students, teachers, and staff would not be disrupted.

“They’re now being housed (in) a shelter given by the Hawaii state and the US government authorities,” he said. The Philippine government is prepared to offer assistance should they request repatriation, he added.

The death toll from the devastating fire reached 99 on Tuesday, reports said. Thousands of structures and properties were destroyed in the deadliest wildfire to hit Maui in a century.

DFA Undersecretary Eduardo de Vega said none of the fatalities so far has been confirmed to be Filipinos yet, but there might be Filipino-Americans among them.

“We cannot confirm if anyone is a Filipino citizen. Unfortunately, we have to expect the worst because there will be some Filipino-Americans among the casualties because 17 percent of the population of Maui are Filipino-Americans,” he said.

The Maui Filipino Chamber of Commerce said hundreds of Filipinos were among the more than 1,000 missing in the wildfires which started last week.

Jail Management and Penology, Bureau of Fire Protection, Philippine Public Safety College, Coast Guard, and Bureau of Corrections.

Under the current system, MUPs do not contribute to their pension.

Instead, the pension benefits are drawn annually from the national budget.

MUPs are also automatically promoted one rank higher upon retirement and

The American weather agency said 2023 is already “the third hottest year” on record.”

NOAA chief scientist Sarah Kapnick, quoted by reports, said: “It is virtually certain -- over 99 percent chance -- that 2023 will rank among the five warmest years on record with a nearly 50 percent can receive their pension after 20 years of service, with no minimum pensionable age. The monthly pension is also automatically indexed to the salary of active personnel.

He noted that the stakeholders invited to the first hearing of the ad hoc committee expressed satisfaction with the provisions of the substitute bill.

Romualdez ordered the creation of the ad hoc committee to thresh out disagreements over various proposals for pension system reforms.

It is chaired by Rep. Joey Salceda,

Meanwhile, at a public briefing, Dr. Marcelino Villafuerte II, PAGASA’s Chief of the Climate Impact Assessment and Application, Climatology and Agrometeorology Division warned that heat cramps, exhaustion, and stroke were among the effects of the ‘danger’ level heat index.

The heat index in Casiguran, Aurora reached 60 degrees on Monday, but chairman of the House committee on ways and means.

The key agreements reached during the hearing include:

* A 90 percent maximum retirement package based on the base pay of all MUP;

* The inclusion of PNP personnel who served under 20 years in the list of those eligible for a separation lump sum;

* A retirement age of 57 for all MUP;

* A guaranteed 3 percent salary increase annually for all MUP;

* Two separate pension management systems, one for the AFP and one for ci- dropped to 45 degrees yesterday. It was 43 degrees in Tuguegarao City, Infanta in Quezon, Calapan in Oriental Mindoro, and Catbalogan in Samar, he added.

In Metro Manila, PAGASA recorded 40 degrees Celsius in Science Garden in Quezon City while Ninoy Aquino International Airport reached a heat index of 43 degrees Celsius.

“There were high temperatures that were observed the past few days, this started last week. The temperature vilian uniformed personnel;

* A 50 percent indexation for MUP; and

* The creation of a window in the pension fund system for disadvantaged pensioners.

Among these features, the 50 percent indexation and the eligibility of PNP personnel who served less than 20 years were major departures from the draft bill prepared by the Department of Finance.

“This landmark legislation demonstrates our unwavering commitment to the men and women in uniform, who risk their lives daily to maintain peace and order. It provides a robust, sustain- reached a danger level, particularly in Luzon. The possible effects of the danger level heat index are heat cramps, exhaustion, and stroke,” the official said. able, and fair pension system that recognizes their invaluable service to our nation,” Romualdez said.

Villafuerte noted that the reason for having high heat index is due to the coastal areas with low elevation and is estimated by the air temperature and humidity.

He said it is “partially” an effect of El Niño, since it frequently rained in mornings but was dry by midday.

“With this reform, we’re not only prioritizing the well-being of our MUP but also ensuring the country’s economic stability,” Romualdez said.

Salceda said the members of the ad hoc committee agreed in principle on a pension reform program that is amenable to both the military and uniformed services and to economic managers, who were worried about the sustainability of the existing system.

ANTI-DENGUE FUMIGATION.

A field worker of the Manila Disaster Risk Reduction and Management Office (MDRRMO) conducts antidengue fogging at the Rafael Palma Elementary School to protect the young learners from the deadly mosquito-borne disease. Norman Cruz