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Trillanes files reply to petition to SC seeking to nullify voiding of amnesty

By Vann Marlo M. Villegas
SEN. ANTONIO F. Trillanes IV has cited an order by a Makati City court which affirmed his application for amnesty to support his petition to the Supreme Court (SC) to nullify Presidential Proclamation No. 572 which voided his amnesty claiming that it is unconstitutional.
In a reply filed on Nov. 7 to the comment of respondents including Executive Secretary Salvador C. Medialdea to his petition, Mr. Trillanes noted that the decision of Judge Andres B. Soriano of Makati regional trial court (RTC) Branch 148 has junked the claims of the presidential proclamation that he did not file his application form and admit his guilt as requirements for amnesty.
“(T)he Honorable Court of of Makati City Branch 148 rendered an order which shattered to smithereens all the factual allegations of Respondents regarding the supposed non-filing by Petitioner of a sworn application for a grant of amnesty under Proclamation No. 75 and his alleged failure to admit his guilt,” he stated.
Mr. Trillanes added that Branch 148 relied on factual findings “on the categorical and unrebutted testimonies and affidavits” of the witnesses that he filed his application form for amnesty.
“(T)he Honorable RTC of Makati City, Branch 148 aptly gave credence to the overwhelming and unrebutted testimonial, photographic and documentary evidence proferred by Petitioner to support his claim of the due filing of his application for amnesty and his express admission of guilt,” he said.
On Oct. 22, Makati RTC Branch 148 denied the prosecution’s motion to issue an arrest warrant and hold-departure order against Mr. Trillanes as it deemed that the senator filed his application form based on the testimonies of the witnesses. It added that the coup d’etat case has long been dismissed in 2011 following the grant of amnesty to Mr. Trillanes.
However, it upheld that the presidential proclamation is constitutional as it was an executive act.
With this, the Senator in his reply also sought the SC “to make a final and conclusive determination on the legality and/or constitutionality of Proclamation No. 572, Series of 2018, which purportedly revoked Petitioner’s amnesty coverage under Proclamation No. 75, series of 2010.”
The decision of Makati RTC Branch 148 is contrary to the Sept. 25 decision of Makati RTC Branch 150 handling the rebellion case over the 2007 Manila Peninsula Siege which ordered the arrest and hold-departure order against the senator. The senator posted bail on the same day.
President Rodrigo Duterte issued Proclamation No. 572 on Aug. 31 declaring void from the beginning the amnesty granted to the senator claiming that he did not submit his application form and did not admit his guilt over the 2003 Oakwood Mutiny and 2007 Manila Peninsula Siege.
Mr. Trillanes then asked the SC on Sept. 6 to issue a temporary restraining order or preliminary injunction against the proclamation saying the act is unconstitutional as the revocation of amnesty should have the concurrence of the Congress.
The SC on Sept. 11 resolved to refer to the lower courts to determine the factual basis of the case of whether or not he applied his application form and admitted his guilt.

Navy faces budget constraints for submarines

THE PROCUREMENT of submarines for the capability upgrade of the Philippine Navy remains hanging due to financial constraints.
“We are processing the procurement. We already presented it to the leaders of the Department of National Defense,” Philippine Navy Flag Officer-in-Command Vice Admiral Robert A. Empedrad said during the test firing activity of new missiles in Bataan on Nov. 21.
However, he noted, that it is not that simple to purchase such a vessel. “If you will buy a submarine, it will take six years for the delivery… It has lots of preparations and budgetary constraints,” he said.
Last June, the Navy and the Department of National Defense (DND) announced the plan to acquire diesel-electric submarines as part of its modernization projects for 2018 to 2022.
Defense Secretary Delfin N. Lorenzana, for his part, pointed out that purchasing a submarine also requires the development of a base.
“(A) submarine base takes lot of money too,” he said.
In the meantime, the Navy has been building up its fleet, along with helicopters and other military equipment.
“Next year, we are expecting the arrival Pohang Class Frigate, it is given to us by the Republic of Korea. But it has a weapon system on board already like torpedoes and gun system that will level up our training,” Navy Spokesperson Commander Jonathan Zata told BusinessWorld.
“We are also expecting on the first quarter of next year anti-submarine capable helicopter… It will complement yung existing fleet ng helicopters (that) this time, capable to detect underwater objects and targets,” he added.—Vince Angelo C. Ferreras

DoTr meets tech experts on Cebu intermodal transport system

TRAFFIC CONGESTION has been a long-standing problem in the different cities and towns comprising the Metro Cebu area. — FREEMAN

THE DEPARTMENT of Transportation (DoTr) recently met with technical consultants to discuss the proposed Integrated and Intermodal Transport System for Metro Cebu and find determine catch-up implementation programs for the long-standing project. The DoTr, in a statement, said Transportation Secretary Arthur P. Tugade met the project’s technical support consultants last Monday. Officials from the DoTr, along with key officials from the Land Transportation Office and Land Transportation Franchising and Regulatory Board, had also met with officials from the World Bank and the French Development Agency. “The officials discussed the catch-up implementation plan for the said project,” DoTr said. Mr. Tugade stressed the need for transport projects to be integrated with other existing and proposed transport modes for Metro Cebu. — The Freeman
>> See full story at https://goo.gl/H9uDeU

Partial judgement on Maguindanao massacre case expected by Q1 2019

A PARTIAL judgement could be forthcoming by the first quarter of 2019 on the cases against former Datu Unsay mayor Datu Andal “Unsay” Ampatuan Jr., the primary suspect in the 2009 Maguindanao massacre where 58 people, including 32 media workers, were killed.
Lawyer Gilbert T. Andres, legal counsel for some of victims’ families, told reporters yesterday that the admission of formal offer of evidence of Mr. Ampatuan, claiming that he was in the city hall when the massacre occurred, has been submitted for resolution at the Quezon City Regional Trial Court (RTC) Branch 221.
This came after the filing of comment of the prosecution last Nov. 19.
“The determination of criminal liability is another issue… that will be the full promulgation of judgement,” Mr. Andres said, speaking in mixed English and Filipino.
While there is no exact date set yet, Mr. Andres said the prosecution is hopeful that it would be “within the first quarter of next year.”
The massacre took place on Nov. 23, 2009 when family members and associates of then-gubernatorial aspirant Esmael G. Mangudadatu, accompanied by members of the media, were ambushed.
The party was on their way to filing the certificate of candidacy of Mr. Mangudadatu, who was running against the Ampatuan political clan.
Mr. Andres said the case has been dragging mainly because of the significant number of accused who remain at large, about 70, and the replacement of lawyers among the accused.
The lawyers called on the police and Department of Interior and Local Government to double efforts in catching all the suspects so that there will be “total criminal hearings” and establish “total criminal responsibility.”
Justice Secretary Menardo I. Guevarra, in a text message last Nov. 20, said the “pending incidents in the Maguindanao murder cases will be resolved by next month. So we expect that the court will render its decision in 2019.”
In a statement, the families of the victims said they welcome the news of the expected promulgation of the case “with renewed vigor and relief, for we have waited too long and have been given so much to the case over the years.”
“We have full confidence that the evidence presented is enough to prove Datu Unsay’s guilt beyond reasonable, and we wait the verdict with cautious hope,” they said.
The Department of Justice filed 25 counts of the first batch of “Information” against Mr. Ampatuan at the Cotabato RTC last Dec. 1, 2009. The Supreme Court, on Dec. 8, 2009, granted the request to transfer the case to Quezon City.
Andal Ampatuan, Sr., father of Mr. Ampatuan, who was tagged as the mastermind of the massacre and among those charged, died of cancer on July 15, 2015.
Last September, former presidential spokesperson Harry L. Roque said some of the witnesses have retracted their testimonies against Mr. Ampatuan, but prosecutors assured that the case remains strong. — Vann Marlo M. Villegas

Korean government vows to take back trash

THE SOUTH Korean government has assured that it is taking measures to bring back to their country the garbage-filled containers that entered the Mindanao Container Terminal in Misamis Oriental on July 21 and just recently reported. “The Government of the Republic of Korea — the Ministry of Environment, the Korea Customs Service, and the Ministry of Foreign Affairs — has embarked on the investigation of a Korean exporter which caused a controversy in the Philippines this month; the Government stated that it would take measures to have the wastes in question be brought back to Korea soon as possible,” the Korean embassy in the Philippines said in a statement released on Thursday, Nov. 22. It reported that Korea’s Ministry of Environment and the Custom Service inspected on Nov. 16 the exporter of the waste, which is located in Pyeongtaek City. They found out that the exporter made a declaration on synthetic wastes in January this year. Further, the two Korean agencies also confirmed that the exported wastes did not go through proper recycling process and the required documents were forged. “Korean authorities will have the wastes in question be repatriated and properly disposed of and work to prevent recurrence of the problem,” it said. — Vince Angelo C. Ferreras

SPMC to set up breast clinic in partnership with Avon

THE GOVERNMENT-owned Southern Philippines Medical Center (SPMC) in Davao City is setting up a breast clinic in partnership with Avon Philippines. The clinic, to be funded by Avon, aims to offer free breast consultation and ultrasound screening to more women, as well as men, in the Davao Region. Avon Philippines General Manager Razvan Diratian said they would allocate around P2.2 million to set up of the clinic and equipment procurement. “We decided to come here as SPMC is the biggest in Mindanao. This is the first hospital outside Manila,” Mr. Diratian said during the partnership signing with SPMC. “Not only that, we also want to create awareness on the importance of early protection and detection against breast cancer,” he added. Dr. Leopoldo J. Vega, SPMC chief of hospital, for his part, said with the additional ultrasound machine, they would be able to cater to up to 50 patients a day for breast cancer ultrasound diagnostics. “This is just diagnostics ultrasound making sure that the proper treatment and management is given for breast cancer patients,” Mr. Vega said. Avon launched its Kiss Goodbye To Breast Cancer campaign in 2002. Dr. Corazon A. Ngelangel, president of the Philippine Cancer Society, said there are breast cancer patients as young as 18 years old.— Maya M. Padillo

Davao cities, towns under election watch list due to political rivalries, NPA threat

LAW ENFORCEMENT agencies have placed in the election watch list several villages in 43 towns and six cities in the Davao Region, mainly due to political rivalries and the threats of disruption from communist rebels. Based on the list released by the Eastern Mindanao Command and the Police Regional Office Wednesday, those placed under tight watch are 20 in Panabo City, two in Tagum City, and several in the cities of Davao, Mati, and Digos. The other areas are: Malalag, Hagonoy, and Padada Kiblawan, Magsaysay, Matanao Bansalan, and Sta. Cruz in Davao del Sur; Jose Abad Santos and Malita in Davao Occidental; Asuncion, Carmen, Kapalong, New Corella, San Isidro and Talaingod in Davao del Norte; and Lupon, Banaybanay, Gov. Generoso, Tarragona and Manay in Davao Oriental; and all municipalities in Compostela Valley. Lt. Gen. Benjamin R. Madrigal Jr., Eastern Mindanao Command commander, explained that the basis for the list is the perceived intense political rivalries in these areas as well as the presence of New People’s Army rebels. Sr. Supt. Nolasco K. Bathan, regional police deputy director for administration, said the political rivalries and the presence of organized armed groups — including rebel movements, gangs and private armies — could trigger violence. “These armed groups are perceived to be committing terrorism, fraud, and other election irregularities,” said Mr. Bathan. — Carmelito Q. Francisco

New typhoon moving towards PHL as Samuel exits

ANOTHER STORM, with international name Man-yi, is heading towards the country as tropical depression Samuel exited Thursday evening. Weather bureau PAGASA said tropical storm Man-yi, forecasted to enter the Philippine area over the weekend and will be locally named Tomas, could intensify into a typhoon. As of 10 a.m. on Nov. 22, Man-yi was spotted 1,645 kilometers (km) east of the Visayas, moving west-northwest at 45 kms per hour (km/h) with maximum sustained winds of 105 km/h near the center and gustiness of up to 130 km/h. By Sunday, it is expected to be 1,295 km east of Casiguran, Aurora.

Nation at a Glance — (11/23/18)

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

Eriksson bullish of Azkals’ chances after a Thai draw

By Michael Angelo S. Murillo
Senior Reporter
THE PHILIPPINE men’s national football team plays its final game in group play in the ongoing AFF Suzuki Cup on Sunday against Indonesia with its coach high on their chances after seeing his wards perform well against tournament favorite and defending champion Thailand last time around.
An all-important match, the Philippine Azkals need to have a favorable result on Nov. 25 against host Indonesia to give its push to make it to the next round of the regional tournament a huge boost.
Currently, the Philippines is at joint first place in Group B with Thailand with seven points after three matches, just one point up on third-running Singapore.
Thailand is to face Singapore in a key match as well on Sunday.
In the Suzuki Cup, the top two teams from each group at the end of the classification round advance to the crossover semifinals.
Against Thailand on Wednesday at the Panaad Park and Football Stadium in Bacolod City, the Azkals did their Suzuki Cup cause a favor by digging deep to hack out a 1-1 draw and share the spoils with Thailand and stay at the top of the heap.
Substitute Jovin Bedic was the game hero for the Philippines as he scored the equalizer in the 81st minute, three minutes after coming in for Stephan Palla, completing their fight back after going a goal down in the 56th minute.
The Azkals’ resilience and spirit in their play against the War Elephants did not go unnoticed with coach Sven-Goran Eriksson lauding his players and highlighting the potential of the team moving forward.
“I like what I saw today. Thailand, I understand, is the favorite to win this group. If you play like that against the favorites you have to feel good about yourself and be proud, “Mr. Eriksson said in the post-match press conference .
“It was a good match. Both sides wanted to play football out there. Good chances for them but we created more chances than them. I think Thailand is more happy with the draw than us but 1-1 is okay. And the most important for me as a coach is that I saw that we can play very good football, defending and attacking. And we did it today for 90 minutes than the last two games. I’m happy for our players,” he added.
The World Cup coach went on to say that he likes where the Azkals are at in the standings and hopes they get to complete the task of going deeper.
“We’re not yet in the semifinals but we have one foot or half a foot in there,” he said.
The Philippines-Indonesia match will be shown live over ESPN5 and tv5.com.ph at 8 p.m.

UAAP: Fighting Maroons and Soaring Falcons open Final 4

By Michael Angelo S. Murillo
Senior Reporter
THE FINAL Four of University Athletic Association of the Philippines Season 81 gets under way this weekend with the Adamson Soaring Falcons and University of the Philippines Fighting Maroons first to be featured at the Mall of Asia Arena.
Set for 3:30 p.m. on Saturday, the second-seeded Falcons, carrying a twice-to-beat advantage in the semifinals, look to eliminate the third-seeds Maroons, making their first Final Four appearance in 21 years, at the first instance.
Adamson comes into the matchup as the second-best defensive team in the league, allowing just 70.6 points to opponents, and fifth on offense with an average of 73.5 points.
The Falcons were steady in the two-round elimination phase, finishing each round with a 5-2 record to propel themselves to a top-two placing.
Jerrick Ahanmisi leads Adamson with averages of 18 points, 3.8 rebounds and 1.6 assists per game.
Forward Sean Manganti has been good for 14.8 ppg, 4.6 rpg and 2.4 apg while big man Papi Sarr has been steady for a double-double of 10.6 points and 11.4 rebounds per.
In two games to date, the Falcons have had the number of the Maroons, beating the latter, 69-68, off a Manganti game-winner in the first round, and, 80-72, in the second round.
“It’s probably going to be a classic game as we all know it’s difficult to go up against a team that is very excited and pumped up following a big win,” said Adamson coach Franz Pumaren of their Final Four opponent UP, which is coming off a big win over the De La Salle Green Archers on Nov. 14 that ended for it a 21-year UAAP semifinal drought.
Mr. Pumaren also underscored that having a twice-to-beat advantage does not automatically guarantee a spot in the finals, viewing it as more of an incentive, thus, the need for them to go out there and finish things.
“A twice-to-beat advantage does not guarantee one of making it to the finals. It is just an incentive to aspire for. You still have to get the win needed to advance,” the Adamson coach said.
‘IN THIS TO WIN THIS’
For the Final Four-returning Maroons, the goal now is to go deeper after their initial mission of making it to the semifinals is now out of the way.
“While we will enjoy this there is still a game to be played in the Final Four and we will prepare for that. We’re in this to win this. [Adamson] is one of the best in the league. But we’re here and we might as well enjoy it and fight for it,” UP coach Bo Perasol said following their victory over La Salle.
The Maroons boast of the best offense in the league with an 80.3-point average, complementing it with a sixth-best defense of 77.5 points allowed.
Set-to-be-named UAAP most valuable player Bright Akhuetie is pacing UP with averages of 18.9 points, 14.6 rebounds, 2.8 assists and 1.1 steals per game.
Juan Gomez De Liano is backstopping him with all-around numbers of 16.2 points, 6.6 rebounds and 5.5 assists while graduating Paul Desiderio is adding 13.7 points, 5.7 rebounds and 3.1 assists.
While they have not had much success against the Falcons so far in Season 81, Mr. Perasol is undeterred, believing the Final Four is a totally different ball game and that his players are ready to go to battle.
“What I am confident about is I know my team will fight for it. We still need to figure out things against Adamson. But this is basketball and we have a chance against them. And we’re not going to offer it to them on a silver platter. And knowing my players, they will know how to figure it out,” he said.
The winner between Adamson and UP will take on the victor of the other semifinal pairing of the Ateneo Blue Eagles and Far Eastern University Tamaraws, which play on Sunday.

Durant’s cursing costs him $25K

LOS ANGELES — The war of words continues for Golden State Warriors forward Kevin Durant. And this time it cost him.
After last week’s heated argument with teammate Draymond Green just left Durant agitated, he was fined $25,000 on Tuesday for “directing inappropriate language toward a fan,” it was announced by Kiki VanDeWeghe, the NBA’s executive vice president of basketball operations.
The incident occurred with 1:01 remaining in the first quarter of the Warriors’ 112-109 road loss to the Dallas Mavericks on Saturday.
Through league sources, Yahoo Sports reported that Durant told a heckler in the crowd at American Airlines Center to “watch the (bleeping) game and shut the (bleep) up.”
The struggling Miami Heat are hoping there is a carryover effect when Dwyane Wade makes his return from paternity leave on Tuesday night as the Heat host the Brooklyn Nets.
Miami is just 2-5 since Wade departed the club for the Nov. 7 birth of his daughter. The 6-10 overall mark is the team’s second-worst through 16 games in the past dozen seasons.
“There’s a human element to this business and to the game, and it is the most important thing,” coach Erik Spoelstra told reporters following shootaround. “The connection, your spirit, your emotions, everybody getting on the same page and just seeing Dwyane back here with the guys, there was a tangible boost in energy in the shootaround.”
The Cleveland Cavaliers are reportedly parting ways with JR Smith, just hours after the publication of a story in which Smith accused the team of tanking and said he wants out of Cleveland.
According to The Athletic’s Joe Vardon, Smith “will no longer be actively with the Cavs” and is working with the team on a potential trade. He will work on his own, Vardon continued, calling the split “amicable.”
After a loss Monday sent Cleveland to the bottom of the NBA standings at 2-13, Smith told The Athletic’s Jason Lloyd, “I don’t think the goal is to win. The goal isn’t to go out there and try to get as many wins as you can. I think the goal is to develop and lose to get lottery picks. I think that was always the plan.” — Reuters

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