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There is no right to immigration

If to migrate means leaving one’s country, then one is entitled to do so. Our own Constitution provides that the right to choose one’s abode or to travel cannot be impaired except by court order or by law in the interest of national security, public safety, or public health, respectively.
However, if to migrate means being able to demand entry and then reside in another country, then no such right exists. Entry into State borders is not for international law to say but of individual national laws.
For the Philippines, foreigners can enter the country subject to legal requirements and even then their rights are limited. To get the full rights of a citizen, Philippine laws require the foreigner applicant to reside in the country for at least 10 years, is at least 21 years old, have a business or trade, can speak and write in English or Filipino, and possess a modicum of civics knowledge.
Before continuing, a note as to terminology:
Migrants — are those who voluntarily leave their country for better work or living.
Refugees — are people who involuntarily left their country due to dangers brought about by armed conflict or political or religious persecution.
Asylum seeker — is one who claims to be a refugee but whose status as such is yet to be verified by the proper authorities.
Of course, one main difference between migrants and refugees is that the latter generally cannot return safely to his or her country of origin.
The Convention Relating to the Status of Refugees (otherwise known as the 1951 Refugee Convention, which the Philippines acceded to — along with the Protocol — in 1981), provides that people who committed a crime against peace, a war crime, or a crime against humanity, or has committed a serious nonpolitical crime outside the country of refuge prior to his admission to that country are not considered as refugees.
Is there a right to claim asylum? Britannica puts it this way: “It is the right of a state to grant asylum to an individual, but it is not the right of an individual to be granted asylum by a state. This perspective is reflected in the Universal Declaration of Human Rights (UDHR), which, though recognizing (article 14) the right ‘to seek and to enjoy in other countries asylum from persecution,’ does not explicitly provide a right of asylum.”
“The original draft of that article, which referred to the individual’s right ‘to seek and to be granted asylum from persecution,’ would have afforded more protection to asylum seekers. Similarly recognizing that ‘the grant of asylum may place unduly heavy burdens on certain countries,’ the Convention Relating to the Status of Refugees, which was adopted by the United Nations (UN) Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons in 1951, did not create a right of asylum for those seeking it, and the impressive array of rights it enumerates pertains only to those refugees ‘lawfully in’ or ‘lawfully staying in’ the sheltering state.”
“Subsequent unsuccessful efforts to articulate an individual’s right of asylum included: (1) the UN General Assembly Declaration on Territorial Asylum (1967), which contained substantive exceptions to its non-refoulement (non-return) provision (pertaining to national security and to the safeguarding of its national population), and (2) a proposed Convention on Territorial Asylum, which never materialized.”
Now this is important: international law requires that asylum seekers claim asylum in the first country they enter upon leaving their own country. If they enter such second country and then not stay but move on to another country (e.g., leaving Guatemala to enter Mexico and then traveling towards the US) then they are no longer considered asylum seekers but migrants. And as mentioned above, there is no right to migration, in the sense that no one can demand entry into another country.
Essentially it’s a matter of respecting sovereignty.
For those who retain the status of asylum seekers, International Policy Digest’s Bruce Newsome (“Immigration is a national choice not an international law,” February 2018) points out that since they are not immigrants under international law, then “they have no ‘right to remain’ under international law. The original system aims for them to receive protection in a neighbouring country until they can safely return home.”
Those are the facts. And yet in today’s politically correct, inclusive mindset, “exclusivity” has become a bad word, akin to “sovereignty.”
But as The Federalist’s Mark Earley argues, “exclusivity is necessary for meaning, identity, and accountability.”
Thus, “why would a nation need to be based, as least in part, on a principle of exclusivity? It is because nations, not unlike families, need to have some sense of identity, even purpose. When a group of people is defined as everyone and anyone, that actually means that it is no one. If everyone comes and goes as he pleases, there is a void of identity, collective belonging, commitment, responsibility, and accountability. Citizenship is a commitment.”
 
Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.
jemygatdula@yahoo.com
www.jemygatdula.blogspot.com
facebook.com/jemy.gatdula
Twitter @jemygatdula

Freedom for greater freedom

Moving on with our attempt to understand the proposed federal Constitution, a glimpse of one very cherished provision of the Bill of Rights deserves a prominent place in the national discourse — The Freedom to speak, express and assemble.
While the 1987 Constitution mandates that “no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances,” the Consultative Committee’s version goes further and stipulates that the local government units shall, among other things, establish appropriate freedom parks for the peaceful assembly of the people.
We all know that a freedom park is an accessible public space where sociopolitical rallies and meetings may be done where no prior permit or license is needed from the government. The justification for this is the people’s inherent right to express their sentiments against the authorities. These activities can be validly regulated in the name of public interest and order. The right to gather in a freedom park finds basis in BP 880 or the Public Assembly Act. Nothing new here but re-emphasizing this in the basic law of the land sends a strong signal to local government units to take this seriously and designate an area where citizens can air their grievances without going through the bureaucracy of getting a mayor’s permit or being under the threat of harassment or physical harm by law enforcers.
However, we should go beyond just freedom parks. It goes without saying that this section of the Bill of Rights must be tackled, in connection with the International Convention on Civil and Political Rights where freedom of expression is considered not only a fundamental freedom in itself but its respect is also essential for the enjoyment of other rights, including freedom of ideas, right to privacy and the right to participate in political discourse or public affairs. It provides inertia for achieving accountability and transparency which are central to human rights. Essential to this is the Constitution as an enabler for those who want to know, seek, obtain, receive and hold information relating to these basic freedoms.
There is no denying that those who use the power of the pen and grassroots organizing in the name of legitimate dissent are the ones who have been denied the exercise of these rights. Many activists and journalists have either been publicly persecuted, arrested or even killed under separate laws like the Revised Penal Code or special legislation which needs to be revisited, particularly in the areas of libelous expression and national security violations. I remember the raids and closure of major dailies during martial law or even the seemingly innocuous persecution of publications which are critical of government abuses. Many unsung heroes have fallen as martyrs in their pursuit of greater freedom through their curtailed right of expression — Ninoy Aquino, Voltaire Garcia, Col. Jose Reyes, Lean Alejandro, and many more from different political spectrum.
Yes, the state can impose limitations on freedom of expression in the name of national security or peace and order, but these should ideally apply only to those actions which are actually intended to incite or really result to violence. There must be a showing of a real, not perceived, connection between the expression of a view or belief and the case of violence. In fact, international law principles have now recognized that any obstacle, statutory or in any other form, to the right to freedom of speech must be considered as an exception rather than a standard. This follows the concept that the human being is primordial rather than the interest of the state.
The promotion of free and robust exchange of ideas, beliefs or even biases in the social, political, religious or philosophical spheres is indispensable to a truly democratic nation. Unnecessary or unreasonable restraints or any prohibition, even in subtle form, against the aforementioned rights, are dangerous steps towards the establishment of authoritarian regimes. We certainly do not want to look back to that darkest part of our history as a nation.
“You must first enable the government to control the governed; and in the next place, oblige it to control itself. Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives.” — James Madison on the Constitution of the United States of America.
 
Ariel F. Nepomuceno is a management consultant on strategy and investment.

‘INSPIRED: Ako Para Sa Bata’

The 10th international conference Ako Para Sa Bata (Nov. 19 and 20, SMX Convention Center Manila) has the theme “INSPIRED,” an acronym that means: Implementation and enforcement of law, Norms and values, Safe environments, Parent and caregiver support, Income and economic strengthening, Response and support services, Education and life skills, and Delivery systems.
“Ending violence against children should be a priority. Studies have shown that violence against children and adolescents, the most vulnerable members of society, leads to a wide range of health and social problems,” remarked Dr. Bernadette J. Madrid, executive director, Child Protection Network (CPN) and conference president APSB in Manila. INSPIRED is an evidence-based resource for everyone committed to preventing and responding to violence against children. Including Delivery Systems highlights the multi-sectoral coordination, monitoring, and evaluation systems as cross-cutting activities that connect and strengthen the seven strategies in the original package.”
Co-presenters are UNICEF and the Council for the Welfare of Children, the Government Partner.
“The Conference will feature Evidence for Better Lives Study, an integrated research, impact and capacity-building program led by the University of Cambridge, and supported by the World Health Organization, the Global Partnership to End Violence against children and UNICEF, Dr. Madrid said.
“The study aims to generate high-quality evidence on preventing violence against children and supporting children growing up in the context of adversity so that they achieve their full potential.”
Based on eight medium-sized cities in low-income and middle-income countries across the world, the study includes Valenzuela, Bulacan, Philippines. There will be a Policy Workshop sponsored by Consuelo Foundation.
Dr. Sandra S. Hernandez, Conference chair said, “INSPIRED aims to help countries achieve the 2030 Sustainable Development Goal (SDG) targets that address violence against children including those that address poverty, health, gender equality, education, safe environments, and justice.”
Among the international experts featured are Dr. Alexander Butchart from the World Health Organization in Geneva, Switzerland, Professor Manuel Eisner from the University of Cambridge and Susan Walker of the University of the West Indies in Jamaica.
The Child Protection Network Foundation is an accredited Continuing Professional Development (CPD) units provider for social workers and physicians.
Atty. Katrina Legarda, Director, National Network of Women and Child Protection Units, Ways and Means Committee chair explained, “Continuous training is a way of ensuring that every abused woman and child is treated with compassion and competence they truly deserve. We started AKPB conference 10 years ago with only a few hundred delegates. Last year, we reached almost 2,000!
“We invite physicians, social workers, police, teachers, guidance counselors, psychiatrists, psychologists, judges, lawyers, NGO workers, parents, local government officials, and other front liners in the field of women and children protection work to join us and pledge AKO PARA SA BATA.
“We are ending the year with 105 Women and Child Protection (WCPUs) and Violence against Women and Children (VAWC) Desks in 50 provinces and 10 independent cities in the Philippines, the proceeds of the annual AKO PARA SA BATA Conference support the establishment of more WCPUs providing free direct services to based children and adolescents — 78,000 and counting,” she stated.
The Child Protection Network Foundation (CPN) is composed of professionals and individuals who are dedicated to ensuring that all children in the Philippines and throughout Asia are protected by the many faces of abuse.
The Board of Trustees: Justice Ameurfina A. Melencio-Herrera, Chair Emeritus; David Bradley, Chair; Irene Martel-Francisco, president.
The Trustees: Lizzy S. Razon, Dr. Elizabeth P. Melchor, Mia V. Borromeo, Julio D. Sy, Jr., Johnny L. Velasquez, William B. Go; Mons Romulo, Karina Constantino-David, Renna Hechanova-Angeles, British Amb. Daniel Robert Pruce.
Mission: The Asian Center for Child Protection in collaboration with all Child Protection Units shall serve every abused child with compassion and competence ensuring that all abused children at risk are safe healthy and developing to the best of their potential within a nurturing family environment.
Here are some facts and statistics provided by CPN:
Sexually abused children are typically 13 to 15 years old. High risk age group is 16-17 years old. Adolescents are impulsive and vulnerable to peer pressure. WCPU data show that sexual violence takes place during dating in this age group.
In the WCPUs, girl-children seeking services for sexual abuse far outnumber boy-children. Males are more likely than females to experience sexual violence at home, in school, the community, workplace, and dating. Sexual violence among boys is underreported.
The role of the school in child protection is very important, Children reach out to teachers and guidance counselors. G-appropriate life skills and personal safety lessons integrated in the school curricula — i.e. Safe Schools for Teens project — is a key strategy in developing children’s skills in protecting themselves from violence.
Sexual violence against children most often occurs in the home, the community and during dating. Neighbors and boyfriends are the most common perpetrators of sexual violence.
The lack of supervision, single-headed households, absent parents increase the risk of sexual violence against children in the home. Risky online behavior and lack of supervision when using the internet expose children to online solicitation.
Physical violence occurs in the forms of violent discipline and non-disciplinary context. Corporal punishment or physical abuse is accepted as a norm by Filipinos.
The top three perpetrators are fathers, neighbors and strangers.
Congratulations to the dynamic organizers and generous sponsors of APSB on its 10th year!
(For information: please call the secretariat (02) 404-3954 or e-mail akoparasabataconferenec@gmail.com website: www.childprotectionnetork.org)
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com

Consultant for Reds nabbed

By Vince Angelo C. Ferreras
NATIONAL DEMOCRATIC Front of the Philippines (NDFP) consultant Vicente Ladlad was arrested by the police Thursday, as confirmed by his wife in a Facebook post also that day.
“My husband VIC LADLAD was arrested today Nov 8 around 12 midnight based on a text I got,” said Mr. Ladlad’s wife Fides Lim in a Facebook post shared by Communist Party of the Philippines founder Jose Maria C. Sison.
Also according to an initial report by the National Capital Region Police Office (NCRPO), Mr. Ladlad and two others identified as Alberto and Virginia Villamor were all arrested for possession of illegal firearms by a joint operation of the Philippine National Police(PNP) and the Armed Forces of the Philippines (AFP).
Mr. Ladlad and the Villamor couple were arrested at Barangay San Bartolome, Novaliches in Quezon City. Reportedly seized from them were M-16 and AK-74 rifles, hand grenades, and subversive documents.
At 5:50 am, the suspects were brought to Quezon City Police District Station 4 for booking and medical examination.
NCRPO Regional Director Guillermo T. Eleazar said in a press conference at the NCRPO Regional Headquarters: “It started with the information given to QCPD, after that an investigation was conducted and cross-reference was conducted with other intelligence units. Eventually, nagkaroon ng ebidensiya (Eventually, we found evidence). For a search warrant to be given by a competent court, dapat i-screen ‘yan and evaluate the evidence that we have (The evidence should be screened and evaluated). The fact that the search warrant was granted…ito ay nagpapakita ngayon na tama ‘yung impormasyong nakuha natin (This shows that the information we gathered was correct).”
Rights group Karapatan denounced the arrests as another attack on human rights.
“We condemn the arrest of Ladlad and the Villamor couple, amidst the intensifying attacks against people’s rights and human rights in the Philippines. We deplore the widespread policy and practice of the Duterte regime of filing of trumped up charges against political dissenters. Karapatan reiterates its call for the release of all political prisoners,” the group said in statement on Thursday.
The group added, “Ladlad’s arrest is a direct and grave violation of the Joint Agreement on Safety and Immunity Guarantees (JASIG), as with the arrest of other peace consultants of the National Democratic Front of the Philippines (NDFP). They should be immune from arrests and detention and other harassment and attacks.”
For his part, Mr. Sison said in a message to reporters: “He is protected by the JASIG as much as the negotiators and consultants of the other are protected by JASIG who do not become open targets of surveillance, arrest or combat even when the peace negotiations are terminated. There are continuing safety and immunity guarantees for them. Thus, there is the resorting to planting firearms on him despite (his) emphysema condition. The bench warrant against him by a court is also subject to a motion for reconsideration because he could not appear in court because of his illness.”
The Joint Agreement on Safety and Immunity Guarantees (JASIG) is a 1995 agreement by the government and NDFP which provides immunity to negotiators and consultants joining in peace talks.
PNP chief Director Oscar D. Albayalde said the arrests did not violated the JASIG. “There’s already a suspension of peace talks. Ito (This) is a violation of the law, not a political issue. This is the violation of the law, [the] illegal possession of loose firearms. Let us be clear on that. We cannot use yung mga ‘yun, yung mga JASIG or similar agreement para itago or magtago doon sa agreements na ‘yan. ‘Di po pwede ‘yan (They cannot hide behind the JASIG and other agreements. That cannot be.) This is a simple or blatant violation of law, ‘yung possession of loose firearms,” he said in a press conference.
In his press briefing in Malacañang, Presidential Spokesperson Salvador S. Panelo said the arrests were “not illegal. JASIG is only effective if there’s ongoing peace talks.”

SWS: 51% agree with PDEA plan on drug testing for Grade 4 up

By Arjay L. Balinbin, Reporter
HALF of Filipinos or 51% agree to a proposal by the Philippine Drug Enforcement Agency (PDEA) for the government to conduct mandatory drug testing on grade 4 students and up, according to the latest survey by the Social Weather Stations (SWS).
The Third Quarter 2018 Social Weather Survey, fielded on September 15-23, found that 51% agree (31% strongly agree, 20% somewhat agree), 36% disagree (24% strongly disagree, 12% somewhat disagree), and 13% are undecided on PDEA’s proposal for mandatory drug testing for students grade 4 and up.
The noncommissioned survey found that net agreement with PDEA’s proposal was highest in the Visayas “at a very strong +47 (69% agree, 21% disagree, correctly rounded), followed by Mindanao at a moderately strong +25 (51% agree, 26% disagree), Metro Manila at a moderately strong +17 (53% agree, 36% disagree), and Balance Luzon at a neutral -6 (42% agree, 48% disagree).”
Sought for comment during a press briefing at the Palace on Thursday, Presidential Spokesperson Salvador S. Panelo said: “I think that’s a good idea because at least the parents will know whether or not their children are addicted or being used in the drug industry.”
For his part, PDEA Director General Aaron N. Aquino said in a statement that his agency is “thankful that based on the SWS survey, majority of the Filipinos are agreeing with [them] in pushing for this program.”
“This is definitely another step in realizing our goal for a drug-cleared country,” he added.
SATISFACTION WITH DRUG WAR
The same survey found net satisfaction rating on President Rodrigo R. Duterte’s war on illegal drugs remaining a “very good”+64 (76% satisfied, 12% dissatisfied), 1 point below the “very good” +65 (78% satisfied, 13% dissatisfied) in the previous quarter.
The SWS noted that “satisfaction with the administration’s campaign against illegal drugs was at an excellent +76 when it was first surveyed in September 2016.” The survey said the 1-point decrease in nationwide net satisfaction “was because of the decreases in support both in Mindanao and Metro Manila.”
Despite the 14-point decrease in Mindanao, net satisfaction with the anti-illegal drug campaign there remains “excellent,” from “+84 (89% satisfied, 5% dissatisfied) in June 2018 to +70 (78% satisfied, 8% dissatisfied) in September.” Net satisfaction with the campaign remains “very good” in Metro Manila despite the 12-point decrease “from +67 (79% satisfied, 12% dissatisfied) in June to +55 (72% satisfied, 17% dissatisfied) in September,” which the SWS said is the “lowest” net satisfaction rating recorded in the area since the question was first fielded in 2016.
In Balance Luzon, net satisfaction with the campaign stays “very good,” and is “up by 8 points from +58 (74% satisfied, 16% dissatisfied) in June to +66 (78% satisfied, 12% dissatisfied) in September.”
It also stays “very good” in the Visayas, which is “up by 1 point from +57 (74% satisfied, 16% dissatisfied, correctly rounded) in June to +58 (73% satisfied, 15% dissatisfied) in September.”

DoJ directs NBI to ‘look deeper’ into Sagay massacre

By Vann Marlo M. Villegas
JUSTICE Secretary Menardo I. Guevarra on Thursday said he has directed the National Bureau of Investigation to investigate “more deeply” the Oct. 20 massacre of sugarcane workers in Sagay, Negros Occidental.
“NBI has submitted a progress report. I directed them to investigate more deeply,” Mr. Guevarra told reporters in a text message. He added that the report contained only the accounts of the witnesses.
“It’s basically a narration of what happened before, during, and after the attack, based on the accounts of witnesses. But (there’s) no clear indication yet as to who were the perpetrators,” Mr. Guevarra also said.
On Oct. 20, nine sugarcane farmers who were part of the National Federation of Sugarcane Workers, including two minors and four women, were gunned down by around 40 unidentified armed men at Hacienda Nene in Sagay City, Negros Occidental.
Mr. Guevarra on Oct. 23 directed the NBI to conduct its own investigation. On Thursday, he also instructed the NBI to include in its investigation the killing of Benjamin Ramos, a founding member of the National Union of Peoples’ Lawyers and a member of the Quick Response Team which assisted families of victims of the Sagay massacre.
Mr. Ramos was shot dead on Nov. 6 in Brgy. Kabankalan, Negros Occidental and is the 34th lawyer killed under the Duterte administration.
SENATE RESOLUTION
On Wednesday, minority senators filed Resolution No. 929 urging a Senate inquiry into the massacre. They also cited the claim of both the Philippine National Police and the Armed Forces of the Philippines linking the killings to the New People’s Army as part of its alleged “Red October” destabilization plot.
“(T)he deaths of the farmers should lead to a stronger program to implement social justice measures and protect our impoverished countrymen. It should not be used as a political device to impute criminal acts against critics of this administration without any factual basis,” the senators also said in the resolution.
“The government along with its officials must be reminded that the assurance of a just distribution of agricultural lands and the upholding of the right of farmers and regular farmworkers, who are landless, to own directly or collectively the land they till, have been enshrined in our Constitution and entrenched in the jurisprudence of the Supreme Court,” the resolutionadded.
The resolution was filed by Senators Leila M. de Lima, Paolo Benigno A. Aquino IV, Risa N. Baraquel-Hontiveros, Francis N. Pangilinan, Antonio F. Trillanes IV, and Senate Minority Leader Franklin M. Drilon.

Survivors

Members of various groups stage a protest rally against the government’s slow response on the need of typhoon Yolanda (international name: Haiyan) survivors, claiming some of them continue to suffer from hunger and poverty five years after the disaster.
Yolanda by the numbers:
Affected persons in 9 regions — 16.1 million (or 3.42M families),
of which 92% or 14.8M (3.14M families) were in the 3 Visayas regions
Casualties — 6,300 dead, 1,062 missing, 26,688 injured
Damaged houses — 1.14M totally damaged; 589,404 partial
Total damage and estimated amount of losses — P132.4 billion
Source: National Disaster Risk Reduction and Management Council (NDRRMC) final report on typhoon Yolanda

P2P airport bus service expands to Muntinlupa, Laguna

THE point-to-point (P2P) bus service from the Ninoy Aquino International Airport (NAIA) has been expanded with yesterday’s launch of routes to Alabang, Muntinlupa, and Sta. Rosa, Laguna. The Department of Transportation (DoTr), in a statement, said the UBE Express Premium P2P buses cover all four terminals of NAIA, with stops at Alabang Town Center and Ayala South Park, Muntinlupa for a fare of P110; and at the Robinsons Tagapo in Sta. Rosa, Laguna, and Solenad in Nuvali, Sta. Rosa for P190. Services to Araneta Center in Quezon City and Ortigas in Pasig were launched earlier. DoTr said all the buses are Euro-5 compliant, fully air-conditioned and equipped with a global positioning system (GPS) technology, WiFi connection, CCTV cameras, and with adequate luggage racks and compartments. These buses have low-floor entry, with wheelchair ramps.

Baguio’s anti-profanity law at odds with free speech, says Panelo

THE SPOKESMAN of President Rodrigo R. Duterte yesterday said the anti-profanity ordinance recently passed by the Baguio City government is unlikely to stand constitutional scrutiny and is at odds with free speech. The office of Baguio City Mayor Mauricio G. Domogan reported on Oct. 27 the ratification of an ordinance, authored by Councilor Lilia A. Fariñas, “instituting an Anti-Profanity Ordinance in all schools, computer shops, arcades and other business establishments frequented by children, high school and/or college students in the city.” Sought for comment during a press briefing at the Palace on Nov. 8, Presidential Spokesperson Salvador S. Panelo said, “You know, profane words are uttered in a moment of anger — so all of us do it. I don’t think I have not heard of anyone not cursing when one is angry.” Mr. Duterte habitually uses expletives during public speeches. — Arjay L. Balinbin

Court orders DoJ to comment on Trillanes motion

THE DEPARTMENT of Justice (DoJ) has been ordered by the Makati City Regional Trial Court (RTC) Branch 148 to file its comment on the motion for partial reconsideration filed by Sen. Antonio F. Trillanes IV on his mutiny case.
Acting Prosecutor General Richard Anthony D. Fadullon confirmed in a text message that the prosecution has until Monday, Nov. 12, to file its comment/opposition against the appeal of Mr. Trillanes.
Justice Secretary Menardo I. Guevarra, also in a text message, said that the senator’s motion is up for hearing on Nov. 16 at 8:30 a.m.
This is in connection with the Oct. 22 order of Judge Andres B. Soriano denying the motion of the DoJ to issue an arrest warrant and hold departure order against Mr. Trillanes for his long dismissed non-bailable coup d’etat case over the 2003 Oakwood Mutiny.
On the other hand, Mr. Soriano also upheld the legality and constitutionality of President Rodrigo R. Duterte’s Proclamation No. 572, which declared as void from the beginning the amnesty granted to Mr. Trillanes as it is “purely an executive act.”
In his motion for partial reconsideration filed on Nov. 5, Mr. Trillanes said the proclamation is not intended as a mere declaration or proclamation “but is clearly intended as an instrument or devise to nullify and/or declare the nullity” of Proclamation No. 75, Series of 2010, which granted him the amnesty, and the dismissal of the case in Sept. 21, 2011.
“Needless to state, there is a necessity now to declare the illegality and/or unconstitutionality of Proclamation No. 572, Series of 2018…,” the motion read.
“To rule otherwise would be tantamount to giving the President the license or the power to reverse and/or set-aside any court decision at any time he pleases, years or even decades after the same have been rendered,” it added.
In an interview with the media after an Oct. 30 hearing, Reynaldo B. Robles, legal counsel of Mr. Trillanes, said the senator is mulling the filing of partial reconsideration as the executive department is trying to use Proclamation No. 572 to nullify a court decision that is already final.
“It is not allowed under the Constitution, it’s only the courts, particularly the Supreme Court and the lower courts, which could entertain cases for the annulment or nullification of previous court decision as well as presidential proclamations,” he said.
The prosecution filed on Oct. 26 an appeal on the denial of its motion for the arrest of Mr. Trillanes.
Makati City RTC Branch 150 on Sept. 25 issued a different decision and granted the motion of the DoJ to arrest the senator over the 2007 Manila Peninsula Siege.
Mr. Trillanes posted bail on the same day.
Mr. Trillanes’ motion for reception of evidence at Branch 150 has been submitted for resolution. — Vann Marlo M. Villegas

Several NAIA flights cancelled for navigational system transition

SEVERAL international and domestic flights at the Ninoy Aquino International Airport (NAIA) next week have been cancelled by airlines upon the request of the Civil Aviation Authority of the Philippines (CAAP) to give way to an air navigational system transition. In a statement on Thursday, CAAP said the affected flights are from Nov. 15 to 20. It said it asked local airlines and the Airport Coordination Australia (ACA) to reduce flights by at least four arrivals per hour from the usual 40 per hour for the transition. “The reduction of flights was decided as a safety measure as the old Manila ACC (area control center) radar, which has a limited capacity, undergoes a transition phase to the Communications, Navigation, Surveillance/Air Traffic Management (CNS/ATM) system, which can cover the whole country,” it said. The P10.8-billion new air traffic system, inaugurated in January, is expected to help reduce congestion in the country’s airspace and improve air traffic management safety. CAAP said the CNS/ATM system will benefit more than 40 airports in the country. — Denise A. Valdez

The rich list: Local officials admit inclusiveness is the challenge

OFFICIALS of provinces and cities named among the top 10 richest in the country in terms of assets have cheered their respective rankings, but at the same time acknowledged that the challenge remains on how to make wealth and government services more inclusive.
“(It) says a lot about the promising future of cities outside Luzon, especially the ones from Mindanao,” said Mayor Sara Duterte-Carpio of Davao City, which placed 9th in the Commission on Audit’s (CoA) 2017 Financial Report released earlier this week.
The CoA list for cities was dominated by those in the National Capital Region, with seven in the top ten while the two others are Cebu (4th) and Calamba (10th).
The annual report covers the financial condition and operations of the government, its subdivisions, agencies and instrumentalities, including government-owned and controlled corporations and non-governmental entities subject to CoA audit.
“Despite this recognition, we are trying our hardest to ensure that we identify and reach those who are poor and take them out of poverty. Only then we can truly be happy about being a rich city,” Ms. Duterte said.
Compostela Valley (ComVal), also located in the Davao Region, made it to the list as the second richest province, next to Cebu.
ComVal Governor Jayvee Tyron L. Uy said the province is “extremely delighted about the news,” which has been described as “an unexpected inclusion.”
“This means that we have improved capacities to respond to the demands of our constituency. While this recognition may not be everything, but strong fundamentals such as high assets will help us in our desire to fully develop our province,” Mr. Uy wrote on his official Facebook page.
VISAYAS
In Cebu province, former governor and now 3rd District Representative Gwendolyn F. Garcia questioned if Cebuanos truly feel the wealth.
“Titles are empty if these do not translate to real and meaningful benefits for the people of Cebu,” said Ms. Garcia, who is running again for governor in next year’s election.
Governor Hilario P. Davide III shrugged off Ms. Garcia’s comments, describing it as baseless, and took a jab at questionable projects under her term that remain under litigation.
Mr. Davide’s ally, Vice Governor Agnes A. Magpale, who is running against Ms. Garcia next year, said she will continue to make Cebu number one if she wins.
She cited that the provincial government has been rolling out numerous projects and programs that benefit farmers and fisherfolk, as well as promoting development in more remote areas.
Meanwhile, in Cebu City, Vice Mayor Edgardo C. Labella said sustaining or improving the city’s ranking as fourth richest would require more efficient and prudent use of resources.
“It’s a welcome development, but more important than being declared as the fourth richest city is also for proper use of government resources to avoid wastage of public funds and resources,” Mr. Labella said.
Councilor Margarita L. Osmeña, chairperson of the council committee on budget and finance, said the challenge for officials is using the wealth such that it would trickle down to residents. — reports from Carmencita A. Carillo and The Freeman

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