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PNP to consider Ateneo study on drug war

THE Philippine National Police (PNP) said that it is open to suggestions from other sectors including the academe on improving the government’s campaign against illegal drugs, following a recent study by Ateneo Human Rights Center (AHRC) which scrutinized the conduct of the government’s “Oplan Tokhang” anti-drug campaign.

“I welcome the release of findings and conclusions of a study made by the Ateneo Policy Center on the PNP anti–drug campaign, particularly on the left hand approach that encourages drug offenders to submit themselves to voluntary rehabilitation and reform,” PNP chief General Oscar D. Albayalde said in a press briefing at Camp Crame on Monday, April 29.

The AHRC released last week a study or working paper titled, “How Change Rendered Human Rights More Vulnerable: Examining the Anti-Drug Campaign Legal Framework with a Human Rights Lens,” which flagged, among other things, circulars that operationalized the drug war as violating human rights.

“We are willing to listen and engage all sectors, including the academe, that are concerned and willing to assist the PNP in the fight against illegal drugs,” Mr. Albayalde said.

“PNP is open (to) any suggestions that will improve on our law enforcement, ‘yung aming pagtataas ng standard namin (as to how we can raise our standard). Of course, (on) how do we enforce the law. Baka meron silang (Maybe they have a) bright idea, because they are in the academe.”

A circular signed in July 2016 by then-PNP chief Ronald dela Rosa establishes Oplan Tokhang as “the conduct of house-to-house visitations to persuade suspected illegal drug personalities to stop their illegal drug activities.”

Ateneo said that the vagueness and lack of accompanying details in that first circular can serve as a license for police personnel to commit violations of the Bill of Rights.

“(T)he PNP Double Barrel Circular does not give clear details (on) how this should be operationalized, unlike how the PNP Anti-Illegal Drugs Manual details specific rules and procedures when conducting anti-illegal drug operations,” the research paper said.

The study also cited different types of “persuasion” by police authorities in conducting anti-drug operations.

“Other persuasion attempts were accompanied by a visible show of force or the use of vague or veiled threats. All these are accounts showing that persuasion assumes the color of custodial investigation in many ways,” the researchers said.

The working paper is qualified as “a draft in progress” and cites as authors Ma. Araceli B. Habaradas of the Ateneo Law School and Ray Paolo J. Santiago, Jaymie Ann R. Reyes, and Marianne Carmel B. Agunoy of the Ateneo Human Rights Center.

In response, Mr. Albayalde said: “They are not (the) proper body to say that it is constitutional or not, hindi sila ang Supreme Court (They are not the Supreme Court)…Pangalawa (Second) , that is voluntary in nature. Paulit-ulit po natin sinasabi na wala pong ginamit na pwersa dito at wala pong namatay (We always emphasize that no force was employed here [in the conduct of our operations] and no one died) because of Oplan Tokhang….Nag-surrender sila for rehabilitation (They surrendered for rehabilitation).”

Official data as of Feb. 28 cite 5,281 drug suspects killed since July 2016, when President Rodrigo R. Duterte launched the anti-illegal drugs campaign. Meanwhile, 74 uniformed personnel were arrested in anti-drug operations.

The PNP chief added: “Baka may pwede pa silang idagdag sa ginagawa naming (Maybe they can add something to our) internal cleansing program. This is the very reason why we have the internal cleansing to balance our operations, to make sure that our policemen on the ground will not abuse [their power].”

Mr. Albayalde also pointed out that some 200 policemen were injured or killed in anti-drug operations as of this month. — Vince Angelo C. Ferreras

Enrile’s motion to see documents on plunder case approved

THE Sandiganbayan Third Division has approved a motion by former Senate president Juan F. Ponce Enrile for the prosecution in his plunder case to produce material evidence for his trial preparation, which prosecutors have opposed.

But in its resolution dated April 24, the graft court said the scope of the evidence Mr. Enrile may access is “limited” to documents that the Supreme Court has allowed to be disclosed, such as the breakdown of the amounts of the kickbacks that Mr. Enrile is said to have received from the alleged misuse of his pork-barrel fund when he was in the Senate.

“In order that an order for production or inspection may be issued, the following requisites must concur: (a) there must be a motion showing good cause therefor; (b) the documents must constitute or contain evidence material to any matter involved in the case; and (c) the documents must be in the possession or under the control of the prosecution, police or other law investigating agencies,” the resolution stated.

“All these requisites are present in the instant case. First, there can be no dispute that the written statements, documents, etc. requested by the defense to be produced for copying purposes are material in this case….Second, it is indubitable that the documents are in the possession or under the control of the prosecution….Finally, a good cause exists for the granting of Enrile’s motion. It bears noting that Enrile was charged with a heinous offense, whose conviction carries with it the penalty of capital punishment,” the resolution also said, referring as well to the already abolished death penalty since the Arroyo administration.

The Third Division also said the former senator has “absolute control” on how to go with his defense: “If in his mind, he needed to inspect or copy pieces of evidence (not privileged) which are material for him to make an intelligent defense, then he is allowed by the Rules to ask for the inspection or production of these documents.”

Mr. Enrile, who is seeking a fresh term in the Senate this year, was accused of amassing P172.8 million worth of kickbacks from bogus non-government organizations led by Janet Lim Napoles, who was convicted in December last year in connection with the plunder case against former senator Ramon “Bong” Revilla, Jr.

Like Mr. Enrile, Mr. Revilla is seeking a new term in the Senate this midterm election. — Vince Angelo C. Ferreras

Palace offers P10-M bounty for capture of fugitive cop

By Vann Marlo M. Villegas, Reporter

MALACAÑANG has offered P10 million for information that would lead to the capture of dismissed police officer Eduardo Acierto who faces charges in connection with the importation of multi-billion pesos worth of illegal drugs last year.

Justice Secretary Menardo I. Guevarra confirmed the bounty but said he is “not privy to (its) funding source….”

“I will press the NBI, who’s under me, to search harder for these fugitives,” he said in a text message.

Mr. Acierto, who previously made headlines for linking President Rodrigo R. Duterte’s economic adviser Michael Yang to illegal drugs, was ordered arrested by Manila Regional Trial Court (RTC) Branch 35 on April 12 for the importation of shabu kept in magnetic lifters, along with seven others.

Seven others were also ordered arrested by the court: former Customs intelligence officer Jimmy S. Guban, Philippine Drug Enforcement Agency (PDEA) Deputy Director General for Administration Ismael G. Fajardo, Jr., Chan Yee Wah, Zhou Quan, Vedasto Cabral Baraquel, Jr., Maria Lagrimas Catipan, and Emily Luquingan.

This is in connection with complaints filed by the NBI and PDEA last year over the P2.4-billion shabu shipments sealed in two magnetic lifters found at the Manila International Container Port in August 2018 and P11-billion worth of the shabu in four magnetic lifters found in Cavite that same month.

The Department of Justice (DoJ) indicted them on April 8.

On the other hand, the prosecution dismissed for lack of probable cause the complaints against 40 others over the drug shipments, including BoC officials and employees.

Prosecutors, however, have endorsed to the Office of the Ombudsman for preliminary investigation the graft and dereliction-of-duty complaints against former BoC commissioner and now Technical Education and Skills Development Authority Director-General Isidro S. Lapeña and several others.

Fuel prices all up this week

OIL COMPANIES are raising the prices of petroleum products this week after the minimal adjustment a week ago. Gasoline prices will rise by P0.75 per liter (/L), diesel by P0.80/L and kerosene, P0.90/L. Last week, oil companies raised the price of gasoline by only P0.10 /L, and kept unchanged the cost of diesel and kerosene. For April, per liter prices of fuel products generally rose, except for the first week when these declined between P0.10 to P0.30. The same trend was observed in March. — Victor V. Saulon

Palace asserts no need for China consent in marine protected areas declaration in West Philippine Sea

THE PHILIPPINE government will not need China’s consent for its plan to declare some parts of the West Philippine Sea as marine protected areas, Malacañang said on Monday.

“Di ba, he already said that?” Mr. Panelo said in a news conference at the Palace on Monday when asked if the President is keen on declaring some parts of the highly-contested West Philippine Sea as marine protected areas.

Asked if the Philippines will need China’s consent for this move, he said: “No…. As far as we are concerned, that’s ours. You don’t have to ask any consent from anyone.”

He also noted that this move may “irritate” China, which is asserting territorial claims in the West Philippine Sea, but added that this would just be another matter for discussion between the two countries.

“Iyan ang claim nila. Ang claim din naman natin, atin (That is their claim. Our claim, on the other hand, is ours)…. O ‘di magni-negotiate tayo. Babalik tayo sa (then we will negotiate. We will go back to) negotiation,” he said.

He added: “That will be another irritant. Ang mangyayari niyan (What will happen is), if you declare a particular stand and they will declare another stand, o di may deadlock, di mag-uusap na naman tayo (Then we will just talk again).”

National Security Adviser Hermogenes C. Esperon, Jr. also said last week that the government is looking into the possibility of declaring Pag-asa Island and Eastern Kalayaan in the West Philippine Sea as marine protected areas.

He made this statement after the reported harvesting of giant clams by Chinese vessels in Panatag Shoal, another part of the disputed territory.

In his intervention during Session III of the Leaders’ Roundtable at the Second Belt and Road Forum in Beijing last Saturday, President Rodrigo R. Duterte said, “As an archipelagic state, the Philippines seeks to improve our collective capacity to manage and protect marine resources.”

He added: “As channels of transportation and communication, and a vital source of sustenance and livelihood, our oceans and seas connect and sustain us. It is thus our collective duty to promote their sustainable and peaceful use in accordance with international law.” — Arjay L. Balinbin

SC asked to nullify regulation banning bus terminals along EDSA

AKO Bicol Party-list asked the Supreme Court (SC) to nullify the Metropolitan Development Authority’s (MMDA) March 2019 regulation which prohibits the issuance of permits to bus terminals and operators along EDSA. In a 45-page petition filed Monday, AKO Bicol said the regulation should be declared unconstitutional as it violates the right to due process given the lack of public consultation. It added that the MMDA and the Metro Manila Council “arbitrarily, whimsically and capriciously acted on a mere verbal directive” of President Rodrigo R. Duterte during a cabinet meeting, which lead to the “hasty approval and initial implementation” of the regulation. MMDA Regulation No. 19-002 prohibits or revokes the issuance of permits to all public utility vehicle (PUV) terminals and operators along EDSA starting June 2019, citing that PUVs “greatly contribute” to the traffic congestion along the main road. AKO Bicol also said that the planned closure of terminals is contradictory to the Public Service Act and other related laws which provide that public utilities should maintain their own terminals as requisite for privilege of operating as common carriers. — Vann Marlo M. Villegas

2 Chinese wanted for cyber crime arrested in Mandaluyong

THE BUREAU of Immigration (BI) Fugitive Search Unit (FSU) arrested on April 25 two Chinese nationals wanted for cyber crime in Beijing. In a statement, BI Commissioner Jaime H. Morente identified the two as Hong Webin, 34, and Li Cheng, 36, who were nabbed in a condominium in Mandaluyong City. “We will send them back to China as soon their deportation orders are issued. Their continued presence here poses a threat to public safety and security,” Mr. Morente said, adding that the two will also be blacklisted. The Chinese embassy provided information that the suspects were wanted in China for the distribution of obscene materials online and engagement in illegal propaganda. BI-FSU Chief Bobby R. Raquepo said the Chinese nationals have been hiding in the country since October 2018 when they entered to Manila as tourist. — Vann Marlo M. Villegas

Live coral cover in parts of Manila Bay gives hope for restoration

LIVE CORAL cover found within the waters of Manila Bay buoyed hopes that the heavily polluted waters could still be restored to its pristine condition, the Department of Environment and Natural Resources (DENR) announced Monday. In a statement, DENR Secretary Roy A. Cimatu, who heads the inter-agency Manila Bay Task Force, said recent findings that coral reefs are still thriving in many parts of the bay give government more reason to proceed with the rehabilitation. “With the vibrant underwater life still teeming in several areas in Manila Bay, there is hope that we can still revive it to what it used to be,” Cimatu said. The Ecosystems Research and Development Bureau (ERDB), the DENR’s research arm, recently conducted an inventory of the coral ecosystems within the bay and found out that many of them are thriving despite environmental and human pressures. Jose Isidro Michael Padin, ERDB supervising science research specialist, said majority of the coral cover is found in Corregidor and Caballo Islands off Cavite province. “Nearly 72% of the estimated reef area is found in Cavite. The reef sites in Maragondon and few stations in Corregidor and Caballo Islands had fair to good live coral cover,” Mr. Padin said. ERDB Director Sofio B. Quintana said the bureau is conducting “ridge-to-reef” research on Manila Bay to establish “a definite connection among risk factors. Right now, we are trying to gather more data on informal settler families, air and water quality, and habitat to make scientific studies relevant for future projects.”

VECO assures Metro Cebu of stable power supply and rates

VISAYAN ELECTRIC Co., Inc. (VECO), owned by Aboitiz Power Corp. and Vivant Corp., has assured consumers in Metro Cebu of stable supply and rates amid the projected surge in demand in the next two months as well as over the long term. “We don’t have supply problem,” said VECO Chief Operating Officer Anton Mari G. Perdices, noting the entry of Therma Visayas Inc., (TVI) as one of its power sources. VECO has contracted 150 megawatts (MW) from TVI, also an Aboitiz Power subsidiary, for 15 years. TVI’s second 170-MW coal-fired power plant is expected to be online by May. Mr. Perdices said the contracted supply from TVI will also stabilize electricity rates for consumers. VECO has been sourcing its power requirement from the wholesale electricity sport market, geothermal plant in Leyte and oil-generated power plants. “[The entry of] TVI is a good timing because the spot market price is going crazy. We’d rather sign long term contract for stability and predictability,” he said. VECO, the country’s second-largest privately-owned distribution utility, covers the cities of Cebu, Mandaue, Talisay and Naga, and the municipalities of Liloan, Consolacion, Minglanilla and San Fernando. — The Freeman

Davao businessmen off to Fujian on May 8 for trade mission

A 15-MEMBER trade mission will leave for Fujian, China on May 8 to promote the Davao Region as an investment destination and forge ties with Chinese business groups. Arturo M. Milan, president of the Davao City Chamber of Commerce and Industry, Inc. (DCCCII), told BusinessWorld the trade mission is composed of local company heads, among them Ferdinand Y. Maranon of agricultural firm Sagrex Corp. and Joji Ilagan-Bian of the Joji Ilagan Career Center. “The members of our delegation are top business executives in their own right, so we hope to generate enough buzz in luring Chinese investors to look at the possibilities not just in the city, but in the entire region,” Mr. Milan said. Mr. Milan said DCCCII has been receiving inquiries from Chinese investors, either through the Chinese Consulate or directly to the business chamber. Mr. Milan said DCCCII will sign a sisterhood agreement with the Fujian business group. “(Chinese) Consul General (to Davao City) Li Lin facilitated the sisterhood agreement with the Fujian group,” said Mr. Milan, noting that the Chinese official is from that region. DCCCII will also promote during the trip the Davao Investment Conference on June 20-21. Delegations from Shanghai and Fujian were supposed to join the Mindanao Business Conference in September 2018, but typhoon Mangkhut prevented the participants from making the trip. Mr. Milan said he hopes that “they will be able to attend (the June event) because we have prepared a presentation to convince them to invest in the city.”

TWO-WAY
Mr. Li, in a separate interview with BusinessWorld, said the trade mission is also intended to open more opportunities for the Davao business sector to tap into the Chinese market. “I am sure that local business people have already felt the influx of Chinese tourists and potential business partners for trade and commerce. Not only one direction to China, but we are encouraging two-way cooperation… Not only Jinjiang but also other cities in China,” he said, noting the direct Davao-Quanzhou flights that was launched last December. The envoy also said that China wants to strengthen economic cooperation not just with Davao, but the entire Mindanao islands. “Ever since the establishment of the Consulate General of China in Davao, we’ve been working with the city government of Davao and even Mindanao in terms of projects. We want to know more about your developments here. Through policy coordination, we want to meet the demand of the development of Davao City and Mindanao,” Mr. Li said, “With better understanding on the needs of the local people and government, then we can find a better way on the point for cooperation.” — Carmelito Q. Francisco and Maya M. Padillo

IDB prepares for actual decommissioning process after simulation exercises

IN PREPARATION for the decommissioning of the 12,000 Moro Islamic Liberations Front (MILF) combatants, or 30% of its armed forces, the Independent Decommissioning Body (IDB) conducted a series of decommissioning simulation exercises. On April 24, the 8th and the most recent exercise was implemented in Sultan Kudarat, Maguindanao where around a hundred Bangsamoro Islamic Armed Forces (BIAF) members attended. Representatives from the government and the MILF were present during the exercises, together with members of the decommissioning body to assume their actual roles in the process. In a press release, the IDB said, “The outcome of the full-scale decommissioning simulation signaled that the actual process is ready to begin soon.” The decommissioning of the combatants of the MILF is under the normalization annex of the Comprehensive Agreement of the Bangsamoro. The first 30% of the combatants is to be decommissioned after the ratification of the Bangsamoro Organic Law. Towards the end of the transition in 2022, the MILF’s armed forces is expected to have decommissioned 100% of its members. In an interview with BusinessWorld on January this year, MILF Chair and Bangsamoro Transition Authority (BTA) Interim Chief Minister Al Haj Murad Ebrahim said that “the decommissioning is part of MILF’s transformation to being a political organization.” — Tajallih S. Basman

Nation at a Glance — (04/30/19)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Nation at a Glance — (04/30/19)

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