By Arjay L. Balinbin

MALACAÑANG ON Monday, Jan. 8, said it will exhaust all legal remedies to reverse the Court of Appeals’ (CA) decision releasing former Palawan governor Mario Joel T. Reyes, the main suspect in the 2011 murder of broadcaster and environmental activist Gerardo “Gerry” V. Ortega.

“We will exercise all legal options to reverse this decision of the Court of Appeals,” Presidential Spokesperson Herminio Harry L. Roque, Jr. said in a press briefing. “The President remains the chief implementer of the laws. The case was filed by the Executive. We have gotten a decision from the Regional Trial Court that the evidence against former governor Joel Reyes is strong, which prompted the court to dismiss the petition of bail.”

Mr. Roque, himself a lawyer like Mr. Duterte, also pointed out that he was allowed by the President to comment on the case in his individual capacity.

“So I have expressed consent to comment, and my comment is: it is not true that the case was a miracle. The case, true, is a ‘kababalaghan’(phenomenon), but it’s really a travesty of justice.”

The spokesman, who used to be a private legal counsel for Mr. Ortega’s family, also said: “I only left the case June 30, 2016 when I took my oath as member of the 17^th Congress. At that time, we had concluded presentation of all evidence for the prosecution, and the defense had also concluded its presentation of evidence; and there was already a decision of the lower court that evidence of guilt was strong against former Governor Joel Reyes.”

Describing the CA’s decision as “alarming,” Mr. Roque also said it “overruled an earlier Supreme Court decision” and “arrogated its own judgment for that of the Regional Trial Court that had the opportunity to physically accept the evidence, observe the demeanor of the witnesses and concluded that there was in fact probable cause.”

“This is a very sad development for freedom of the press in this country, given that the murder of Gerry Ortega is a classic case of extralegal killings since Gerry Ortega was both a member of the journalism profession — he was a journalist and he’s also an activist. EO 35 classifies the killing of both journalist and activist as extralegal killings,” Mr. Roque said.

He explained that “the only issue in the petition is whether or not there was probable cause to charge former [governor] Joel Reyes. There was already a prior Supreme Court decision, with Justice Marvic Leonen as ponente ruling on the validity of the second panel created to investigate and determine probable cause against Joel Reyes, and which panel concluded there was probable cause. And the Supreme Court, in that case, said that pursuant to the Crespo ruling which is Mark Jimenez, it is now up to the lower court, the Regional Trial Court to determine the existence of probable cause.”

Mr. Roque said the government will file first a motion for reconsideration, adding he will soon meet with Solicitor General Jose C. Calida and Justice Secretary Vitaliano N. Aguirre II to discuss the case.

PRESIDENT Rodrigo R. Duterte continued to enjoy majority approval and trust ratings in a December poll by Pulse Asia, whereas Chief Justice Maria Lourdes P.A. Sereno, the subject of an impeachment move by Mr. Duterte’s allies, obtained the highest disapproval and distrust ratings from that survey.

“Among the top Philippine government officials, it is Supreme Court Chief Justice Sereno who obtains the highest disapproval and distrust ratings “(26% and 33%, respectively). In contrast, Filipinos are least inclined to disapprove of and distrust President Duterte (7% and 6%, respectively),” Pulse Asia said of its noncommissioned survey, conducted on Dec. 10 to 15 and 17 last year among 1,200 respondents.

Ms. Sereno’s most conspicuous disapproval rating rose by 5 points from 21% in September, and her distrust rating by 10 points from 23% in the previous survey.

On the other hand, Mr. Duterte has kept his lead as the most approved and trusted government leader, with his 80% approval unchanged from a previous poll and his 82% trust, two points higher than September’s.

Vice-President Maria Leonor G. Robredo had a 59% approval (from 57% in September) and 58% trust from 50%, while Senate President Aquilino L. Pimentel III obtained 57% (from 55% last September) and 53% in trust (from 52%).

House Speaker Pantaleon D. Alvarez obtained a 42% approval rating, 9 points higher than his September rating. His trust rating rose to 37% from 31%.

Across geographic areas and socioeconomic classes, Mr. Duterte succeeded in scoring majority approval ratings (72% to 93% and 77% to 85%, respectively) and trust figures (74% to 94% and 78% to 85%, respectively).

Ms. Robredo posted majority approval and trust scores in nearly each geographic area (59% to 68% and 55% to 65%, respectively) and socioeconomic grouping (58% to 64% and 58% to 63%, respectively). The exceptions are those residing in Metro Manila and those in the best-off Class ABC who continue to withhold majority approval and trust ratings from the Vice-President (both 46% in Metro Manila and both 48% in Class ABC).

Mr. Pimentel received majority approval ratings in all geographic areas and socioeconomic groupings (53% to 61% and 56% to 59%, respectively). In terms of trust, the Senate leader enjoyed majority figures in virtually all areas (54% to 57%) and every socioeconomic class (53% to 56%) but failed to gain the trust of most Visayans (47%).

The only majority score Mr. Alvarez obtained is his 53% approval rating in Mindanao. He logged the same approval and indecision ratings in the other areas (37% to 41% versus 34% to 40%) and all classes (40% to 47% versus 34% to 38%). With respect to his trustworthiness, indecision is the plurality sentiment in Class D (43%) while essentially the same trust and indecision levels are recorded across geographic areas (34% to 42% versus 39% to 47%) and in Classes ABC and E (40% to 43% versus 34% to 46%).

As for Ms. Sereno, public opinion concerning her work and trustworthiness is split three-ways in Class ABC (30%, 38%, and 30% performance ratings and 28%, 33%, and 38% trust ratings). Visayans and Mindanaoans are also divided in their assessment of her trustworthiness (31%, 39%, and 29% in the Visayas and 32%, 35%, and 28% in Mindanao) while those in the rest of Luzon are split relatively evenly as regards her performance (29%, 39%, and 29%, respectively).

In Metro Manila, the Supreme Court Chief Justice got the same disapproval and indecision ratings (33% versus 40%) as well as distrust and indecision scores (37% versus 40%).

Ms. Sereno likewise registered nearly or exactly the same approval and indecision figures in the Visayas (33% versus 43%), Mindanao (both at 37%), and Class E (33% versus 43%). Ambivalence is the plurality opinion in Class D (38%). As for her trustworthiness, practically the same percentages in the rest of Luzon and Class D say either that they distrust her (36% and 34%, respectively) or that they are undecided on the matter (38% and 37%, respectively). A big plurality in Class E (41%) cannot say if they trust or distrust the chief justice.

Pulse Asia has also noted that “only House Speaker Pantaleon D. Alvarez and Supreme Court Chief Justice Maria Lourdes A. Sereno experience notable changes in their performance and trust ratings between September and December 2017.”

Approval for Mr. Alvarez’s quarterly performance became more pronounced at the national level during this period (+9 percentage points). Similar movements occur in the rest of Luzon (+12 percentage points), Class D (+8 percentage points), and Class E (+12 percentage points). Also, ambivalence toward the lawmaker’s work eases not only at the national level (-10 percentage points) but also in Class D (-10 percentage points).

In the case of Ms. Sereno, disapproval for her performance became more pronounced in Metro Manila (+14 percentage points). With regard to her trust ratings, the only marked movement is the decline in Metro Manila (-13 percentage points). Indecision on the matter of trusting or distrusting the Supreme Court Chief Justice becomes less manifest in Mindanao (-13 percentage points). As for her distrust scores, they go up in the Philippines as a whole (+10 percentage points) and in Metro Manila (+18 percentage points), Class ABC (+19 percentage points), and Class D (+10 percentage points).

Sought for comment, political science professor Edmund S. Tayao of the University of Santo Tomas said in a phone interview that the significant increase in Ms. Sereno’s disapproval and distrust ratings is due to the “pending impeachment case” filed against her.

“Sereno has been going around defending herself because of the pending impeachment case filed against her. Perhaps, she was not able to defend herself substantially from the accusations. She limited her defense mainly on 1.) her personal defen(se) against her fellow justices and 2.) the administration being against her.”

In a statement, Ms. Sereno’s camp said it is bracing for a “possible escalation of the vilification campaign” against her, “after efforts to pin her down on numerous charges failed during the several hearings conducted by the House Committee on Justice last year.

“It is our position that if there is a strong case against the Chief Justice, it should have long been elevated to the Senate for trial,” said lawyer Jojo Lacanilao, one of Sereno’s spokespersons.

The statement also said: “(Mr.) Lacanilao, meanwhile, maintained that the report about the 10 justices testifying at the impeachment hearing was part of a ‘psywar campaign’ to condition the mind of the public and make it appear that the Chief Justice is losing support among her colleagues in the high tribunal.”

“Given the possible nature of their testimonies, it is unfair to conclude that the justices who are invited to the coming hearings are testifying against the Chief Justice,” Mr. Lacanilao said. — with Arjay L. Balinbin

By Patrizia Paola C. Marcelo
Reporter

THE LAND Transportation Franchising and Regulatory Board (LTFRB) has warned public utility vehicles (PUVs) against raising fares without government authorization.

LTFRB Board Member Aileen Lourdes A. Lizada issued a statement following a social media post of a UV express service going from Meycauayan, Bulacan, to Quezon Avenue, raising its fare to P50 from P45, citing the Tax Reform for Acceleration and Inclusion (TRAIN) law which is set to increase excise taxes on fuel.

“It has come to our attention that some public utility vehicles (PUVs) are increasing their fare rates on their own without authority from the Board. Let this be a warning to all public utility vehicle operators: you need (to go) through the process of a fare hike before any increase can be granted,” Ms. Lizada told reporters in a message.

Ms. Lizada noted that there are currently no pending fare-hike petitions from any UV express operator.

Violations for unauthorized fare changes are a fine of P5,000 for the first offense; P10,000 and impounding of vehicle for 30 days for the second offense; and P15,000 plus cancellation of certificate of public convenience (CPC) where the unit is authorized, for the third offense.

As of October 2017, there are 20,998 total franchises and 22,645 total units for UV express services nationwide. Transport providers have been announcing intentions to raise fares with the impending increase in fuel prices from higher excise taxes on fuel.

Ride-sharing company Grab Philippines (MyTAXI.PH, Inc.) last week filed a petition for a 5% fare increase in response to the expected increase in excise taxes for fuel, among others, under the new tax reform program.

The Philippine National Taxi Operators Association (PNTOA) also wants to hike its flag down rate to P50 but has yet to petition the LTFRB.

Transport group Pasang Masda also recently said it would seek an additional P4 on top of the P8 base jeepney fare, citing higher excise tax for oil products.

Excise taxes are estimated to increase by P2.50 per liter for diesel, and P7 per liter for gasoline.

Ms. Lizada said last week there would be “no automatic fare hikes” and all requests by transport groups or operators must file their petitions with the LTFRB and go through the process of evaluation.