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Kavanaugh and the assault on due process

“Assertions are not truths until they are established as facts and corroborated with evidence.” So says conservative Fil-Am political commentator Michelle Malkin. And she’s right.
The burden of proof is always on the one making the assertion and the constitutional right to presumption of innocence is such that the accused is not even required to defend himself, the case against him rising or falling depending on the offered evidence’s weight and credibility.
That is the first main consideration people have to take when regarding the strange case of Brett Kavanaugh’s US Senate confirmation of his appointment to the Supreme Court by President Donald Trump.
Tragically, the dishonesty of liberals is such that they tried to taint Kavanaugh’s name as a rapist when, in fact, no rape allegations were made against him by Christine Ford.
What Ford actually alleged was that Kavanaugh — 36 years ago, he then 17 years old and she around 15 — drunkenly pushed her down a bed, groped her, tried to take off her clothes, and put his hand on her mouth. A third person, Mark Judge, laughingly jumped over the two, causing all to tumble and separate.
The actual rape allegations came from the second and third accusers, the narration of facts of which are so ridiculous no sane person could ever take them seriously and no sane person did.
As for Ms. Ford’s allegations, the best summary is that of Matt Walsh’s, in that Ford can’t remember:

“• When it happened

• Where it happened

• How she got there

• How she got home

• Who was there

• Conversations she had even as recently as 3 months ago.”

But, as Walsh cogently points out, such is not just a matter of faulty memory, they were outright lies: “At a minimum, her claims of certainty are a lie. But it’s more than that. Ford’s story has changed to get around Kavanaugh’s defenses. These aren’t random changes in the narrative. These are targeted and calculated changes. If we are going to absolve her of dishonesty at this point, we must believe that her memory lapses are just coincidentally convenient, and that gaps in her story are coincidentally convenient, and the changes in the story are coincidentally convenient. The coincidences are simply too convenient and too numerous to truly be coincidental.
And Walsh is far from alone in concluding that. There’s Rachel Mitchell, an expert prosecutor on sex crimes, who found Ford’s allegations as weak and declared that “Dr. Ford identified other witnesses to the event, and those witnesses either refuted her allegations or failed to corroborate them. xxx I do not think that a reasonable prosecutor would bring this case based on the evidence before the Committee. Nor do I believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.”
Which leads us to what Malkin has long been pointing out: that false accusations involving sex crimes are “common.”
In fact, Malkin says (citing Brent Turvey, head of the Forensic Criminology Institute), the so-called “fact” that only 2% of sex crime allegations are false “‘has no basis in reality.’ Published research has documented false rape and sexual assault rates ranging from 8% to 41%. Savino notes that in his NYPD’s Manhattan Special Victim Squad, ‘our false report rate was in the double digits during all of my years. Sometimes, it was as high as 40%.’ Turvey, Savino, and Mares make clear to students that based on the evidence — as opposed to Facebook trends: ‘False reports happen; they are recurrent; and there are laws in place to deal with them when they do. They are, for lack of a better word, common.’”
The foregoing numbers, political commentator Ben Shapiro emphasizes, is “substantially higher than the combined rate of false allegations of all other crimes, 1.16%, according to a 2017 study.”
Progressives insanely suggest that to insist on due process and the presumption of innocence is tantamount to discrediting women, goes against the #metoo movement, and devalues the seriousness of rape.
But the fact that rape is an incredibly serious charge all the more makes due process a necessity. That’s not victim blaming, it’s simple logic and justice.
Thankfully, Kavanaugh was confirmed justice of the US Supreme Court, albeit by the narrowest of margins: 50-48 vote by the US Senate.
Yet the fact remains that a serious process and a decent man were respectively damaged and sullied by progressives.
And thus the second main consideration: opposition to Kavanaugh was simply ideological, not based on his competence or integrity. Progressives were against his nomination the moment it was announced and way before any sexual crime allegations surfaced.
Put otherwise: progressives detest Kavanaugh as they perceive him a textualist or originalist, one who basically reads their constitution as written, rather than adhering to the living constitution theory that many of our local so-called top law schools are enamored with.
But that is for another column.
 
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

Ours to claim: The Bill of Rights

Undoubtedly the most fought for, fiercely debated and emotionally laden provisions of our Constitution is the Bill of Rights. It is the safe haven for citizens of any democratic country against an oppressive or excessive exercise of governmental powers. A mantle of protection to safeguard one’s life, liberty or property, the guarantee of due process and equal protection of the law is guaranteed to every citizen because indeed, everyone is created equal.
In reality, the State and its agencies, in its pursuit of public interest and welfare, may transgress individual freedoms through the exercise of its police power, eminent domain and taxation. The Bill of Rights seeks to balance these conflicting interests. So you will find an enumeration of different constitutional rights granted to individuals — political, civil, social and economic rights and the rights of the accused — all critical to the full enjoyment of human rights in an increasing number of authoritarian regimes.
In the Consultative Committee’s proposed changes to Art. III, what impressed me was the categorization of the different rights into 1) civil and political rights; 2) social and economic rights; 3) environmental and ecological rights — precepts embraced by the Universal Declaration on Human Rights, International Bill of Rights and other conventions. The incorporation of international law into this portion of our Constitution is an impressive initiative and is a recognition that we are duty-bound to comply even in the international enforcement scene.
My column today will focus on the suggested amendments to the initial sections of Art. III on civil and political rights.
Section 1 is a striking change in the proposed wording by the Consultative Committee, is an insertion of a section that says the rights under Art. 3 are demandable against the state and non-state actors and that enforcement shall be consistent with international standards. A remarkable move because it clearly lays down the framework of enforceable private rights against the government and the use of the word “demandable” sends a message of assurance to the populace that it can question, move and seek concrete redress for these rights.
book
On the other hand, while the 1987 Constitution enshrines the right of the people to be secured against unreasonable searches and seizures of whatever nature, the new version of Section 2 introduces a clause that the right to privacy shall be inviolable. It goes on to say that without any lawful court order, all interference against personal and domestic relations, correspondence and data shall be proscribed. Why the particular emphasis on privacy? The primordial objective is to prevent covert encroachment upon or slow, creeping diminution of the right of an individual to be left alone in his private sphere, without fear of judgment, persecution or punishment. The insertion of this provision crystallizes the need for the state to be judicious, discerning and conscious about implementing the law in a despotic and unjust fashion.
Further driving the point, the Consultative Committee chose to insert another clause which stipulates that data obtained about a person shall be used and processed only for purposes authorized by law and that no person has the right to inquire from any government office any information that has been obtained or stored about himself. This framework highlights the importance of our local data privacy law, the critical role to be played by the Data Privacy Commission and the necessity of balancing the same with the Freedom of Information law.
The safeguarding of the aforementioned rights is obviously designed to secure enjoyment of one’s private life and to be secured in one’s person. In an era of aggressive social media, fake news, nonstop internet use and other innovative gadgets made for dissemination of information, the individual’s inner sanctum is threatened now more than ever. Thus, this constitutional insertion will definitely get the nod of a wide spectrum of our citizenry.
So far, so good. The amendments appear to be innovative, pioneering and adopts legal developments in other jurisdictions.
More to come in the next issue. But let us not allow a slack in the discussions. Listen and be aware. The basic law of the land is as basic as the air we breathe. We need to be concerned. Now.
 
Ariel F. Nepomuceno is a management consultant on strategy and investment.

Brainwashed

The spokesperson of the Armed Forces of the Philippines (AFP), in elaboration of the AFP chief-of-staff’s tale of a “Red October” leftist-rightist conspiracy to oust President Rodrigo Duterte from power, said last week that the country’s university and college students are being “brainwashed” into activism and radicalism.
He claimed that this is being done through, among other means, film showings on Ferdinand Marcos’s martial law regime, “reenactments,” of that dark period of Philippine history, video conferences, and forums.
Furthermore, he continued, these academic activities are being used for “communist recruitment” of students, by which he means as members of the Communist Party of the Philippines (CPP) and/or the New People’s Army (NPA).
For his part, the Director General of the Philippine National Police (PNP) threatened to file charges “for contempt” against university and college professors who propagate “false information.”
He did not say whom these professors would be in contempt of, unless he meant the police, much of which is truly contemptible. While apparently clueless about the fact that there is no law under the provisions of which critical professors can be charged with any crime, he had the audacity — the unmitigated gall — to volunteer to “educate” students on what they should know about the country so as to develop among them a “sense of nationalism.”
What’s obvious from these statements is the AFP’s hostility to anything, like film showings and “reenactments,” that would only reiterate what volumes of research, eyewitness accounts and the testimonies of survivors have already established about the corruption, brutality, lawlessness, violence and sheer madness of Ferdinand Marcos’s martial law regime.
Apparently as well, neither the AFP nor the PNP leadership has even the faintest idea about what a university education is, let alone what it consists of. What is even worse is the PNP offer of “educating” students, which arrogantly and wrongly presumes that the police are more capable than any university of teaching students about anything.
Both the AFP’s and the PNP’s claims aren’t surprising, however. First, because their vast pretensions at knowledge and intelligence are so characteristic of the incompetent despotism they serve; and second, because the political dynasties that have transformed this country into the economic and social laggard of Southeast Asia have done it before — attacked the main intellectual resource of the country that any remotely sane regime would value.
Of the 18 universities and colleges the AFP has named as alleged recruitment centers for the CPP and/or the NPA, it is the University of the Philippines (UP) that at least twice in fairly recent history has been similarly targeted by government.
During Marcos’s martial rule, hundreds of UP professors, students and alumni were arrested and detained. Many were tortured and some even killed — the exquisitely ironic term was “salvaged” — by their military captors.
The reasons for this outrage ranged from their having known such personalities as Jose Maria Sison, who is a UP alumnus; writing critically about the Marcos regime; adherence to Marxist philosophy; being members of the CPP and/or the NPA; or having committed rebellion and inciting to sedition “wittingly or unwittingly,” as the one-size-fits-all arrest orders signed by then Defense Secretary Juan Ponce Enrile put it.
Bizarre as these were, they were merely the stated reasons. The real, hidden reason was that some UP constituents were perceived to be part of the burgeoning demand for the democratization of political power and the economic and social changes that could rescue Philippine society from the poverty that has been the lot of the majority for centuries.
The regime’s military goons never understood that one can love a country while being critical of its self-anointed leaders, and assumed that these professors and students were the indispensable brains that was driving the movement for the changes which, more than the prospect of his losing the presidency by 1973, Ferdinand Marcos and his accomplices could not abide. Implicit in that assumption was the suspicion that knowledge is somehow — their limited vocabularies could not coherently articulate it — the indispensable handmaid of change.
The same contempt for both knowledge and change informed the Philippine Congress’ Committee on Anti-Filipino Activities’ (CAFA) earlier assault on UP. In the early-1960s, CAFA launched a widely-publicized series of hearings on some UP professors’ supposed “Godlessness” and, therefore, their being “communists,” on the simple-minded, imbecilic assumption that one cannot be an atheist or agnostic without being the latter.
CAFA focused its attention on the UP’s then College of Liberal Arts’ Department of Philosophy, where what was in vogue was Logical Positivism, not Marxism. The differences between these philosophies were apparently beyond the comprehension of the clueless members of the CAFA, and they proceeded to present as proof of the existence of a “communist conspiracy” in UP the publication of certain documents in its learned journals, among them one on the history of the peasant struggle for land, as well as some of its professors’ quite public agnosticism.
It didn’t quite end there. Some professors were actually charged in court with violating Republic Act 1700, the anti-subversion law that was then still in force. (It was repealed in 1992, during the first year of the Fidel Ramos presidency.)
UP stood by its faculty by affirming its commitment to academic freedom, which includes its professors’ right to believe and profess what they think to be true, as a Constitutional right and as indispensable to the mandate of an institution of higher learning. It naturally led to expositions on the role and value of a university in a society that would be free, as well as to the full development of the human potential.
Crucial to the achievement of that function are freedom of inquiry, the nurturing of the critical faculties, and the training of free men and women for the lifetime of learning that is the fundamental aim of education rather than that of indoctrination.
Indoctrination, otherwise more widely known by the Cold War era term “brainwashing,” is indeed one kind of “education,” although not in the sense that the learned gentlemen of this country’s soldiery and police — whose mindsets are still frozen in the 1950s — understand it.
Far from furthering radicalism, activism and rebellion, indoctrination in the guise of education makes obedience, conformity, silence even before the worst injustice, and a focus on self-advancement rather than the social good supreme virtues. It is this kind of “education” that has produced the corrupt, self-aggrandizing politicians and civilian and military bureaucrats that infest government.
Indoctrinated in the vice they mistake for virtue of kowtowing to what passes for authority; uncritical of, and uncaring about, the worst injustice; and mindlessly driven solely by self-interest and the defense of their domestic and foreign bosses, they are the truly brainwashed, but don’t know it.
In contrast, the really educated value and encourage free inquiry, independent thought, and openness to ideas. These capacities are indispensable to the transformation of young men and women of promise into the committed writers, artists, doctors and scientists the world needs.
Far from being merely about gainful employment and survival, education demands that everyone be responsible for the advancement and liberation of one’s community and the rest of mankind. The authentic university’s capacity to impart to its students the love of learning, and to develop the knowledge and understanding of society and the world for the sake of their country and people is what the brainwashed flunkies of despotism and unreason are against; it is what they hate the most.
 
Luis V. Teodoro is on Facebook and Twitter (@luisteodoro). The views expressed in Vantage Point are his own and do not represent the views of the Center for Media Freedom and Responsibility.
www.luisteodoro.com

Rain and rage

The reclusive sun has been playing hide-and-seek behind storm clouds. For many days the rains poured relentlessly, drenching the city. It seemed that an endless waterfall was unleashed by the heavens, to wash away the smog, grime and decay.
Climate change and global warming have changed the seasons. In our tropical part of the world, the La Niña phenomenon has inundated the country. The heavy rains wreak havoc everywhere. Instead of highways, we have smelly waterways that lead nowhere. Impassable canals so far removed from romantic Venice.
We have been having strange torrential rains every week. With one heavy downpour, the flash floods are waist-high, causing instant traffic gridlock. Stalled vehicles are trapped in one gigantic parking lot for countless hours. Commuters, drivers, motorists are angry, impatient, frustrated and hypersensitive to the point of rage and helplessness.
Many children and adults are sick with influenza, sniffles and all kinds of respiratory ailments. The terrifying water-borne disease from rodents is lethal if untreated. There is the dreaded scourge of dengue and its mutant versions as well.
Monsoon rains bring heavy floods that destroy agricultural crops. Landslides damage infrastructure and bury small villages and miners.
Before we blame the authorities (such as the Department of Public Works and Highways and the Mayor) for not doing their jobs properly, we should examine ourselves first.
What are we doing wrong?
An astute observer noted that the Filipino takes pride in keeping an immaculate household and garden. Yet, he wouldn’t hesitate to throw garbage outside the fence or litter on the streets. This scenario is common. It occurs again and again — in the big city, the small barrio, the provinces.
Streets become clogged because of the garbage that people carelessly throw away — non-biodegradable items such as bottles, plastic bags, styro boxes, cigarette butts, tin cans.
Litter disposed by thoughtless passengers of public buses and jeeps accumulate in the drains and sewers.
During normal times, the lack of discipline is so evident. Buses and motorcycles stray from one side of the road to the other, weaving from one side of the road to the other. They act like flashy sports cars. Three abreast, the buses try to collect passengers anywhere on the road, totally disregarding bus stops. They do not care about blocking the highway and they speed along even when there are floods — splattering polluted water on pedestrians.
The city engineers and their sanitation teams should clean the streets and drainage systems, remove the silt, garbage and debris regularly. However, if the citizens themselves are apathetic and non-supportive, all the efforts and energy of the government shall just go to waste.
What can be proposed is a multimedia information campaign to educate people, children and all citizens of the importance of the environment and proper waste disposal.
Unless we are all aware of the hazards — physical and mental — caused by street garbage, the floods will always disrupt our system, threaten our lives and provoke our (in)sanity.
We must work together to prevent or minimize the fearsome floods. Traffic causes road rage. It could be fatal to people who are stressed. There are more road accidents and accidents, shootings. There is hardly an ounce of patience left in the mind of the driver or commuter. Any little delay or blockage on the street can trigger road rage. It brings out the worst in people.
Noah built the mythical ark where he kept his family and a pair of every animal species. They survived the great flood, but all other life forms were obliterated.
After the 40 days and 40 nights of nonstop rains, the luminous rainbow appeared. It was a sign of God’s promise that He would never destroy the earth again through water.
Somewhere along the way, from the biblical legend to the present, the weather got messed up. A karmic debt for the savage environmental damage caused by man.
The delicate balance of Nature was upset. Now we must suffer and endure El Niño and La Niña in consecutive and fierce onslaughts.
We are not as fortunate as Noah in the sense that we all must swim or sink together. There is no miracle ark to save us. We should save ourselves — country, city, community and families.
What shall we do?
Education is the first step. Children can learn quickly about the environment and the ecological cycle. They retain their lessons, can follow the example of the parents.
Teaching the parents and grandparents is another challenge. It would require supreme effort to make adults follow simple rules and directions such as: “Do not litter.” “Recycle garbage.” “Keep your surroundings and the streets clean.”
Perhaps, if the roles were reversed, we would have a better chance. Children could set the example and teach their stubborn parents.
What a big difference that would make.
It might take two generations, strong political will — on the part of government and collective discipline on the part of its citizens — to resolve the perennial problem.
We would have a fighting chance if we have the guts to start now.
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com

Peso ends flat amid concerns

THE PESO managed to pare its losses to close flat.

THE PESO ended flat against the dollar on Thursday even as risk-off sentiment overnight pushed the local currency weaker in morning trade.
The peso ended the session at P54.18 versus the greenback on Thursday, unchanged from its previous close.
The peso opened the session weaker at P54.22 per US currency and fell to an intraday low of P54.28. Its best showing, on the other hand, was at P54.16 versus the greenback.
Dollars traded thinned to $665 million from the $720.8 million that exchanged hands on Wednesday.
A foreign exchange trader said the peso continued to consolidate even as it traded weaker in the morning session due to the risk-off sentiment among investors.
“It’s a confluence of factors. I would say fundamental, political and economic factors add up to the risk-off sentiment among market players,” the trader said in a phone interview.
The trader cited continued concerns over US-China trade tensions as well as rising US Treasury yields.
“The risk-off sentiment did not have that usual effect wherein you’d buy the dollar as a safe-haven move. It’s not the case now,” the trader said. “We’re just seeing the dollar-peso consolidating at the moment.”
Meanwhile, UnionBank of the Philippines chief economist Ruben Carlo O. Asuncion said there were no significant drivers for the peso during Thursday’s session.
“US stocks decline didn’t even influence the peso to depreciate as I have expected,” Mr. Asuncion said in a text message. “It may mean that fundamentals are really intact at this point.”
For Friday. Mr. Asuncion expects the peso to move between P54 and P54.20, while the trader gave a P54.10-P54.35 range. — KANV

PSE index plunges to worst finish for the year

By Arra B. Francia, Reporter
THE MAIN INDEX tumbled to its lowest finish so far this year, dampened by the overall negativity across international markets due to the weakness of the global economy.
The 30-company Philippine Stock Exchange index (PSEi) plummeted 1.66% or 116.76 points to 6,884.38, marking its lowest close since June 25 when the market ended at 6,986.88. The PSEi fell to an intraday low of 6,790.58, but managed to bounce back to the 6,800 level by closing bell.
The PSEi is now 24% lower than its record-high of 9,058.62 last Jan. 29.
Meanwhile, the broader all- shares index likewise slumped 1.33% or 57.49 points to 4,241.25.
“Philippine shares felt the onslaught of regional markets, as equities were sold down on higher volumes. US stocks tumbled the most since February as fresh concern about the impact of the trade war with China… European equities ended sharply lower Wednesday, joining a global equity sell-off, with investors unable to shake concerns about growth prospects,” Regina Capital Development Corp. Managing Director Luis A. Limlingan said in a mobile message.
The International Monetary Fund (IMF) recently reduced its growth outlook for the global economy to 3.7%, indicating a steady expansion from 2017 but a 0.2% downgrade from its 3.9% forecast announced last July.
The IMF also downgraded its growth forecast on the Philippine economy to 6.5% from its earlier projection of 6.7%.
Wall Street indices all ended in the red, with the Dow Jones Industrial average spiraling down 3.15% or 831.83 points to 25,598.74. The S&P 500 index gave up 3.29% or 94.66 points to 2,785.68, while the Nasdaq Composite index also lost 4.08% or 315.96 points to 7,422.05.
Papa Securities Corp. trader Gabriel Jose F. Perez also attributed the market’s decline to the sell-off in US markets, which trickled down to regional indices.
“Best to keep an eye out for how US markets also perform tonight as this could give an indication on how regional indices will perform tomorrow,” Mr. Perez said in an e-mail on Thursday.
Back home, all sectoral indices extended their declines. Holding firms gave up 2.26% or 155.05 points to 6,690.71, followed by property which lost 2.11% or 74.09 points to 3,423.23.
Services shed 1.94% or 28.93 points to 1,460.37; financials dropped 1.05% or 16.41 points to 1,534.30; mining and oil declined 0.83% or 71.91 points to 8,550.51; and industrials went down 0.17% or 17.59 points to 10,344.79.
Turnover firmed to P5.43 billion after some 1.03 billion issues switched hands, steady from Wednesday’s P5.37 billion.
Decliners were around quadruple the advancers, 167 to 39, while 34 names ended flat.
Foreign investors continued to pull out their funds from the market as net sales ballooned to P861.13 million from the previous session’s P507.96 million.

Filing of candidacies for midterm polls begins

REELECTIONIST Senator Aquilino Martin L. Pimentel III, singer-songwriter Freddie Aguilar, and former party-list congressman Neri J. Colmenares were among the early birds in the filing of certificates of candidacy (CoCs) that began on Thursday, Oct. 11, and is scheduled to end next Wednesday, Oct. 17.
Comelec Commissioner Rowena V. Guanzon said there will be 18,092 positions open for next year’s midterm elections. Besides the aforementioned candidates for senator, Marawi civic leader Samira Gutoc-Tumawis of the opposition Liberal Party, former Department of Health consultant Willie T. Ong, and former councilor Danilo Roleda of the Binay camp’s United Nationalist Alliance also filed their candidacies for senator. CoCs have also been begun to be filed for the local positions.
In an interview with Reuters, Earl Parreno of the Institute for Political and Electoral Reforms said, “The mid-term elections will test not only the president’s popularity and strength, but if he can continue to push for his agenda in the second half of his term.”
The latest senatorial poll, by the Social Weather Stations, showed allies of President Rodrigo R. Duterte still dominating the Top 12. But they are expected to deal with economic issues that have weighed down on Mr. Duterte’s own ratings.
Among Mr. Duterte’s Cabinet officials, Foreign Affairs Secretary Alan Peter S. Cayetano confirmed on Thursday that he will run as Taguig Representative in the 2019 midterm elections and will seek the House Speakership if elected in order to push the Duterte administration’s vision in the legislative branch.
“With all humility, I will seek another term in my hometown Taguig and Pateros and then let’s see where it goes from there….I will seek the leadership position in the House but, you know, it’s a complex matter. We have to win first in the district, and I want to focus on that first. And then you have to win the trust and confidence of the whole Congress,” Mr. Cayetano told reporters in Bali, Indonesia.
For its part, the Philippine National Police (PNP) said it plans to provide security assistance to “possible candidates, if they think they have threats to their lives,” said PNP spokesperson Senior Supt. Benigno B. Durana, Jr.
“They can avail of the security coverage services which will be provided by the Philippine national police,” said Mr. Durana.
Mr. Durana added that PNP chief director General Oscar D. Albayalde already tasked the Directorate for Integrated Police Operations in Northern and Southern Luzon, Visayas, Eastern, and Western Mindanao to provide extra security measures during the election period.
In this year’s elections, The PNP has also tagged 7,926 barangays and 896 municipalities in the country as areas of concern or election hotspots. —reports by Gillian M. Cortez, Camille A. Aguinaldo, Vince Angelo C. Ferreras, and Reuters

Panelo named new spokesman

CHIEF PRESIDENTIAL Legal Counsel Salvador S. Panelo was appointed the new presidential spokesperson, according to Mr. Panelo himself and Special Assistant to the President Christopher Lawrence T. Go.
Mr. Go said in a phone message to reporters on Thursday that the presidential legal adviser starts his “concurrent” role as presidential spokesman “today.”
Sought for comment, Presidential Communications Secretary Martin M. Andanar said: “SAP (Special Assistant to the President) has the last say. If he says now, then now,” referring to the effectivity of Mr. Panelo’s new position.
As for Presidential Spokesperson Harry L. Roque, Jr., Mr. Go said he is “on leave,” and “he is still weighing his options. Walang sibak (No one was fired).”
Mr. Roque, for his part, said in a phone message on Thursday: “People, I have not resigned. Thanks!”
“I will defer any comment until Monday since I am in China,” he also said.
Regarding the option to run for senator, Mr. Roque said, “Still not sure [if] I will run for Senate.”
The Palace announced also on Thursday the appointment of Major General Macairog S. Alberto as the new commanding general of the Philippine Army.
Finance Undersecretary Gil S. Beltran was also reappointed to his position. — A. L. Balinbin

House to restore VP in line of succession in draft charter

By Charmaine A. Tadalan, Reporter
THE HOUSE of Representatives on Wednesday recommitted the resolution, carrying its version of a draft Federal Constitution, to re-include the Vice-President in the presidential line of succession, a move backed by Speaker Gloria Macapagal-Arroyo.
Representative Raul V. del Mar of the 1st district of Cebu moved to recommit the Resolution of Both Houses (RBH) 15, which provided that in transitioning to a federal system, the Senate President shall succeed the President in the event of a vacancy.
Mr. del Mar on Thursday disclosed he made the motion as he had discussed with the Speaker. “I was in the Office of the Speaker to discuss CA (Commission on Appointments) matters… after we have already finished that, the issue came up. And so, both of us shared the sentiment that it needs to be corrected,” Mr. del Mar told reporters in a press briefing.
“I will introduce the amendment in that provision to put back the vice-president as the first line successor. Now, she not only readily agreed. She said, we can’t wait!”
Mr. del Mar also said, “There was no power grab, much less any participation of the Speaker. In fact, her participation was after the error was brought to floor, it was a power correction instead of a power grab.”
Leyte 3rd District Representative Vicente S.E. Veloso, chairperson of the House Committee on Constitutional Amendments, had earlier explained the omission of the vice-president was made in the light of the ongoing electoral contest between Vice-President Maria Leonor G. Robredo and former senator Ferdinand R. Marcos, Jr.
“We wouldn’t know who the Vice-President would be then. Would it be Robredo, would it be Bongbong Marcos? But look at the uncertainty, I’ve been jurist for (a) long time and there is no certainty when it comes to finality of decision,” Mr. Veloso said in a press briefing on Tuesday.
Also subject to controversy in the draft Charter is the absence of term limits and of any provision banning political dynasties.

US: No military exercise during Xi's PHL visit

By Camille A. Aguinaldo, Reporter
THERE is no scheduled military exercises between the United States (US) and the Philippines in November, the US Embassy clarified on Wednesday ahead of President Xi Jinping’s expected visit to Manila next month.
“There are no major U.S.-Philippine exercises planned for November. The U.S. and Philippines enjoy ongoing, close cooperation in areas central to our national and security interests, including counterterrorism, maritime security, cybersecurity, humanitarian assistance and disaster relief, and many other,” the embassy’s press attache Molly Koscina said in a mobile phone message to reporters Wednesday evening.
Presidential spokesperson Harry L. Roque, Jr. earlier cited China’s concerns on US’ planned naval exercise in South China Sea. He has also said the Philippines will not participate in the US military exercises in the region.
CNN earlier reported that a draft proposal from the US Navy’s Pacific Fleet indicated plans to conduct military exercises involving US warships, combat aircraft, and troops in the South China Sea in November as a show of force and a warning to China.
The US Armed Forces, the Armed Forces of the Philippines, and the Japan Ground Self-Defense Force conducted amphibious operations training in San Antonio, Zambales, on Oct. 6, as part of counterterrorism and humanitarian response exercises. Ms. Koscina also said the countries concerned agreed last September on 281 security cooperation activities in 2019.
“Every year, our two countries engage in a significant number of security cooperation activities that underscore the US-Philippine relationship as friends, partners, and allies,” she said.

Bersamin, Peralta accept nomination for SC top post

SUPREME COURT (SC) Associate Justices Lucas P. Bersamin and Diosdado M. Peralta have formalized their bid for the position of chief justice by accepting their nominations. This was confirmed yesterday by Justice Secretary Menardo I. Guevarra, an ex-officio member of the Judicial and Bar Council (JBC), to reporters. He said Mr. Bersamin was the first to accept his nomination while Mr. Peralta “submitted his papers” to the JBC on Wednesday. The two are among the five most senior SC justices automatically nominated for the high court’s top position. The other senior justices are Antonio T. Carpio, Mariano C. Del Castillo, and Estela M. Perlas-Bernabe. The deadline for the application and submission of requirements is Monday, Oct. 15. Former Chief Justice Teresita Leonardo-De Castro stepped down on Oct. 10 upon reaching the mandatory retirement age of 70. Meanwhile, two new associate justices of the Court of Appeals have been appointed: Loida S. Posadas-Kahulugan, replacing Socorro B. Inting who is now a Commission on Elections commissioner; and Evalyn M. Arellano-Morales, who is taking over the post vacated by Mechor Quirino C. Sadang who retired last year. — Vann Marlo M. Villegas and Arjay L. Balinbin

Trillanes seeks reversal of arrest, HDO order; hearing set Oct. 12

SENATOR ANTONIO F. Trillanes IV has filed an appeal before the Makati City Regional Trial Court (RTC) Branch 150, seeking to set aside its Sept. 25 order for a warrant of arrest and Hold Departure Order against him. A copy of the appeal, which was filed Oct. 1, was released by the court yesterday. Mr. Trillanes posted a bail bond of P200,000 on Sept. 25. In his motion, Mr. Trillanes also sought the denial of the motion of the Department of Justice (DoJ) “for lack of jurisdiction and/or lack of merit.” He cited that his rebellion case in connection with the 2007 Manila Peninsula siege has long been dismissed, and that the Sept. 7, 2011 decision was “final and executory.” He also asserted that the prosecution’s basis on his alleged non-admission of guilt is “strained and/or twisted interpretation” of what he said in a news report. Under existing jurisprudence, Mr. Trillanes cited that it is considered not only as “hearsay” but “double hearsay.” A hearing on the motion is set Friday, Oct. 12, at 9 a.m. — Vann Marlo M. Villegas