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DoJ junks petition to include law dean in Castillo hazing case

THE DEPARTMENT of Justice (DoJ) has dismissed a petition by the parents of slain law student Horacio Castillo III to include a dean at the University of Santo Thomas (UST) in connection with Mr. Castillo’s death by hazing on September 17 last year.
In a text message on Wednesday, Justice Secretary Menardo I. Guevarra said the Castillo parents’ petition for review filed against UST Faculty of Civil Law Dean Nilo T. Divina and other related petitions have been “all dismissed for procedural lapses.”
A resolution by then Justice Undersecretary Antonio T. Kho, Jr. (since appointed to the Commission on Elections) read in part that “We are constrained to dismiss appellants’ petition by reason that their appeal was clearly filed out of time. The mere filing of Appellants’ Motions for Extension did not extend the period to appeal.”
According to the resolution, Mr. Castillo’s parents, Carmina T. Castillo and Horacio M. Castillo, claimed “receiv(ing) a copy of the Assailed Resolution on 15 March 2018.” This pertains to an earlier DoJ resolution charging members of the Aegis Juris fraternity allegedly involved in the hazing and also clearing Mr. Divina, among others.
On April 2, the Castillos filed a Motion for Extension of Time to File Petition for Review to the DoJ, “praying for an additional period of fifteen (15) days, or until 14 April 2018, within which to file their Petition.”
Mr. Kho’s resolution further noted that Mr. Castillo’s parents “again requested for another period of five (5) days, or until 19 April 2018, within which to file their Petition.”
The resolution said “thirty-five (35) days after receipt of the Assailed Resolution,” the parents “filed their Petition with this Department.”
“The right to appeal may be exercised only in the manner and in accordance with the provisions of the law or pertinent rules of procedure,” the resolution added.
“Accordingly, the instant Petition should be denied due course for failure to comply with the requirements on appeal.” — Gillian M. Cortez

Guevarra flags corruption, lack of prosecutors in DoJ

JUSTICE Secretary Menardo I. Guevarra on Wednesday flagged corruption in the Department of Justice (DoJ), saying in a forum anticipating Monday’s State of the Nation Address by President Rodrigo R. Duterte, “(S)ad to say, I have to admit nandiyan yan (it is there).”
Mr. Guevarra cited as an example the support that prosecutors get from local government units (LGU), which gives these LGUs “influence” over prosecutors.
“Our prosecutors engage in performing what we may call a quasi-judicial function so there’s an element of discretion and whenever discretion is available, nandyan (there is) always yung (the) temptation,” Mr. Guevarra explained.
He pointed out in a mix of Tagalog and English: “Under the law the local government units are allowed to provide support and allowances to our prosecutors. We welcome that as a matter of fact but somehow there is always a small chance the independence of our prosecutors is compromised.”
To counter the influence, Mr. Guevarra said, “we would like to provide as much resources as possible to our prosecution service so that the need for the reliance partly from the local government units can be entirely eliminated and so that our prosecutors can work and do their jobs very independently.”
He added, “kulang ang mga (there are not enough) prosecutors” in the department despite “quite a huge number” having been recommended to the Office of the President.
“We are hoping that their appointments will come very soon,” Mr. Guevarra said.
Pressed further, Mr. Guevarra told BusinessWorld in a text message, “I think the OP (Office of the President) has been releasing appointments.. in batches. Marami lang talagang (There are just so many) government positions to fill. Thousands.”
When asked by an audience member at the forum held at the Philippine International Convention Center on how the department could file more case resolutions, Mr. Guevarra said he wanted to “improve the quality of preliminary investigations” conducted by the DoJ, which in turn would “necessitate an improvement in the quality of the quality of the prosecutors whom we choose.”
Asked if he found the quality of the current prosecutors lacking, Mr. Guevarra said in a text message, “I simply mean that there’s room for improvement as to training and efficiency.” — Dane Angelo M. Enerio

DoJ chief vows due process for Aquino, others in Dengvaxia cases

By Dane Angelo M. Enerio
JUSTICE Secretary Menardo I. Guevarra on Wednesday said former president Benigno S.C. Aquino III and two of his former officials will have the chance to “controvert” the graft charges filed against them by the National Bureau of Investigation (NBI) at the Office of the Ombudsman last Monday, July 16.
“[T]he former president and the other respondents will be given the opportunity to controvert the charges during the formal investigation to be conducted by the (Ombudsman,) in much the same way that they were accorded due process when a similar complaint was filed earlier with the DoJ (Department of Justice,)” Mr. Guevarra told reporters in a text message in response to Mr. Aquino’s remarks last Tuesday questioning the merits of the complaint.
The NBI recommended that the Ombudsman file technical malversation charges against Mr. Aquino, former health secretary Janette L. Garin, and former budget secretary Florencio B. Abad for their alleged illegal purchase of Dengvaxia vaccines to be used in the government’s P3.5-billion anti-Dengue program.
Mr. Aquino on Tuesday questioned the NBI’s actions as he claimed his party had not received a copy of the complaint, raising concerns due process was not being followed.
In response, Mr. Guevarra said “the directive to the NBI to conduct the Dengvaxia investigation came from the previous DoJ secretary,” Vitaliano N. Aqurre II.
“The NBI performs a fact-finding function only. It’s the Ombudsman/DoJ who does the preliminary investigation where respondents are given their day in court,” Mr. Guevarra added.
Sought for comment, NBI chief Dante A. Gierran told reporters in a text message, “allow them (Mr. Aquino, et al.) to say that, after all it’s their perfect right to say it.”
“It’s not the end of the line for them, there is still an independent and honorable Ombudsman who will evaluate our findings whether there exist probable cause for the next legal process,” Mr. Gierran said.
Incumbent Ombudsman Conchita Carpio-Morales is set to retire on July 26, with 10 nominees vying to replace her.

Modern jeepneys


AN INITIAL 35 new jeepneys under the Public Utility Vehicle Modernization Program (PUVMP) were rolled out on July 18 for the routes Bagumbayan Taguig to Pasig Palengke and Guadalupe Market (ABC) to Fort Bonifacio Gate 3 routes. The Land Transportation Franchising and Regulatory Board, in a statement, said it awarded a provisional authority for the PUVMP-compliant jeepneys to two cooperatives — the Pateros-Fort Bonifacio Transport Service and Multi-Purpose Cooperative, and Taguig Transport Service Cooperative — which have both been operating for more than thirty years with traditional jeepneys. The Pateros-Fort Bonifacio cooperative has a franchise for 279 units, while the Taguig cooperative has 137.

Not passable

THE SM Section (kilometer 20-21) of the Manila North Road in Bulacan was not passable to light vehicles as of Wednesday morning, July 18, due to continuous rains brought about by the southwest monsoon and enhanced by tropical depression Henry that exited the Philippine area on Tuesday. The Department of Public Works and Highways (DPWH) Region 3 office said roving maintenance crew and personnel are deployed to monitor national road conditions.

Passable

DPWH
DPWH

THE ENTIRE stretch of the Olongapo-Bugallon Road remained passable on Wednesday, including the Matain Bridge at the boundary of Subic and Olongapo City with the high water level having already subsided, according to the Department of Public Works and Highways (DPWH) Region 3 office.

Boracay businesses face fines for 478 environmental violations

THE ENVIRONMENTAL Management Bureau-Western Visayas (EMB-6) has issued 478 notices of violation to various Boracay establishments, which will be facing fines and possible criminal charges. EMB-6 legal officer Ramar Niel V. Pascua said some of the businesses incurred more than one violation such as failure to comply with the Clean Water Act, Clean Air Act, Republic Act 9003 or the Solid Waste Management Act of 2002, while others lacked environmental compliance certificates. “We have already endorsed 157 violations to the Pollution Adjudication Board (PAB), but eventually we will endorse all for computation of fines,” Mr. Pascua told the media on July 17. The PAB is in charge of determining if criminal cases are warranted. Mr. Pascua said PAB has already imposed penalties on 35 establishments ranging from P60,000 to P80,000. This week, the EMB, an attached agency of the Department of Environment and Natural Resources, will endorse 23 more violations. “Usually the penalty is between P10,000 and P200,000 daily, depending on the discretion of the board,” he said. The EMB official said they do not expect the number of violations to increase as they “have already saturated the entire island.” — Louine Hope U. Conserva

Bohol board approves law on extraction tax for limestone mining

THE BOHOL Provincial Board on Friday unanimously approved on third and final reading an ordinance imposing extraction fee on large-scale mining of limestone in Garcia-Hernandez town. The move was seen as a challenge of the provincial government to eventually collect such fees that, for a long time, the mining company has been paying to the national government and not to the local government. There are two companies currently operating in limestone-rich Garcia-Hernandez: the Philippine Mining Service Corporation (PMSC) and the Bohol Limestone Corporation (BLC). Board Member Elpidio M. Jala, author of the ordinance amending the local law on sand and gravel extraction, said the imposition and collection of fees from limestone mining is in accordance with section 38 of the Local Government Code of 1991. Mr. Jala said PMSC BLC officials have been informed of the new rates. — The Freeman
>> See the full story on https://goo.gl/QBnkwa

Another tropical depression to bring more rain

THE LOW pressure area east of the northern part of Cagayan developed into a tropical storm Wednesday, July 18, and has been named Inday, coming right on the heels of Henry. Weather bureau PAGASA warned that Inday could intensify into a tropical storm before leaving the Philippine area by Saturday morning. Inday is enhancing the southwest monsoon, and is forecasted to bring “intermittent moderate to occasional heavy monsoon rains” over the Ilocos Region, Cordillera Administrative Region, Zambales, Bataan, Pampanga and Bulacan. Meanwhile, scattered light to moderate with at times heavy rains is expected over Metro Manila, Cagayan Valley, Cavite, Batangas, Laguna and the rest of Central Luzon until Friday.

For the wounded

MEDICAL SUPPLIES and tetanus vaccines to help treat wounded soldiers in recent clashes in Maguindanao province were donated last week by the International Committee of the Red Cross (ICRC) to the military’s Camp Siongco Station Hospital (CSSH). At least 30 soldiers have been wounded from June to July in battles against the militant Bangsamoro Islamic Freedom Fighters. Lt. Col. Himaya M. Matas, CSSH chief of hospital, received the supplies, which could treat 10,000 people in the next three months.

Nation at a Glance — (07/19/18)

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

Australian scientists develop ‘world first’ melanoma blood test

Sydney — Australian researchers said Wednesday they have developed a blood test for melanoma in its early stages, calling it a “world first” breakthrough that could save many lives.
The scientists, from Edith Cowan University, said the new test could help doctors detect the skin cancer before it spreads through a person’s body.
“Patients who have their melanoma detected in its early stage have a five-year survival rate between 90 and 99 percent,” lead researcher Pauline Zaenker said in a statement.
She added that survival rates fell to less than 50 percent if the cancer spread in the body.
“This is what makes this blood test so exciting as a potential screening tool because it can pick up melanoma in its very early stages when it is still treatable,” Zaenker said.
The research, published in the journal Oncotarget on Wednesday, included a trial involving 105 patients with melanoma and 104 healthy people.
The procedure detected early stage melanoma in 79 percent of cases, the scientists said.
Melanoma is currently detected using a visual scan by a doctor, with areas of concern cut out surgically and biopsied.
Zaenker said the new process involved identifying autoantibodies a person’s body produces in response to the cancer.
“We examined a total of 1627 different types of antibodies to identify a combination of 10 antibodies that best indicated the presence of melanoma in confirmed patients relative to healthy volunteers,” she added.
Cancer Council Australia chief executive Sanchia Aranda said the test would be important for high-risk groups, who have to undergo regular inspections of their spots and moles that can be difficult and time-consuming.
She cautioned that the test did not pick up other types of less deadly, but more common, skin cancers such as squamous cell and basal cell carcinoma.
“People need to be very aware of whether they’ve got sun damage or UV damage on their skin, and be alert to changes in any spots or moles,” she told AFP.
The scientists will conduct another clinical trial lasting three years to validate the findings, and hope to have a test that clinics can use after that.
One in every three cancers diagnosed is a skin cancer, according to the World Health Organization, with Australia having among the highest incidences of melanoma in the world. — AFP

SPC downplays impact of Naga power plant turnover

SPC Power Corp. has downplayed the impact on the company of the recent turnover of a power plant complex in Naga City, Cebu to another group after their legal battle resulted against its favor.
“Before the turnover, only the Cebu Diesel Power Plant with total dependable capacity of 33 MW [megawatts] had been operating. The other plants (the Cebu Thermal Power Plants 1 & 2) had been scheduled for dismantling to pave the way for the planned construction of a new power plant,” the company told the stock exchange.
He said the immediate effect of the turnover of the Naga facility on SPC’s business is the loss of revenue generated from the Cebu diesel plant.
“However, the said loss is expected to be substantially recovered with the completion of rehabilitation and full commercial operation of Power Barge 104 (PB 104) within the second half of the current year,” it said.
PB 104 was acquired from Power Sector Assets and Liabilities Management Corp. (PSALM) in 2016, it said. It has a total dependable capacity of 26 MW and has completed total barge rehabilitation.
On Monday, SPC said it had turned over the 153.1-MW land-based power plant in Naga City to PSALM, paving the way for Aboitiz Power Corp. to take hold of the complex after years of legal proceedings that ended in its favor.
It said the turnover is pursuant to the decision of the Supreme Court in Osmeña versus PSALM et al., declaring as null and void the asset purchase agreement and land lease agreement covering the complex, entered into by SPC and PSALM, the government agency that handles the privatization of the government’s power-related assets.
On Wednesday, shares in SPC slipped 0.19% to close at P5.28 each. — Victor V. Saulon

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