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Impeachment complaints filed vs 7 SC justices

By Charmaine A. Tadalan
SEVEN of the eight Supreme Court associate justices who ruled in favor of the quo warranto case that ousted Maria Lourdes P.A. Sereno as chief justice now face impeachment complaints filed by minority lawmakers.
Four of these associate justices are aspirants for the post of Chief Justice. The eighth justice who voted against Ms. Sereno, Ombudsman Samuel L. Martires, was not included in the complaints as he is no longer in the high court.
“Charged with culpable violation of the Constitution and betrayal of public trust are Justices Teresita L. de Castro, Diosdado M. Peralta, Lucas P. Bersamin, Andres B. Reyes, Francis H. Jardeleza, Noel G. Tijam, and Alexander G. Gesmundo,” Albay Representative Edcel C. Lagman told reporters in a press briefing.
Also among the complainants are Magdalo Rep. Gary C. Alejano, Ifugao Rep. Teddy B. Baguilat, Jr., and Akbayan Rep. Tomasito S. Villarin.
The complainants said the “petition for quo warranto or any other mode of removal is anathema to the unequivocal mandate of the Constitution that the power to impeach is solely vested with the Congress.”
Mr. Lagman said “the respondent justices violated the unmistakable context and intent [of the Constitution].”
The complaints also read in part: “De Castro, Peralta, Bersamin, Tijam and Jardeleza are also charged with betrayal of public trust for their refusal to inhibit themselves in the adjudication of the quo warranto petition despite their patent and continuing ill will, bias, and prejudice against Sereno as shown by their respective testimonies before the House Committee on Justice and their statements during the oral arguments in the quo warranto petition.”
“[The] unethical ulterior motives induced Justices…to oust Sereno. With the removal of Sereno, a vacancy was created in the position of Chief Justice,” the complaints also read.
Mr. Baguilat for his part said, “Quo warranto has a legitimate function, but these justices obviously used this legal tool to wage their personal vendetta against former Chief Justice Serreno. If we don’t strive to stop them now, it will happen again.”
Among the justices being considered for the Supreme Court’s top position are Ms. De Castro, Mr. Bersamin, Mr. Reyes and Mr. Peralta. The complainants, however, said the impeachment case may “disqualify” the applicants from the position.
But sought for comment, Justice Secretary Menardo I. Guevarra said, “My personal opinion is, the mere filing of an impeachment complaint, which is not the same as a criminal or administrative complaint in the ordinary sense, will not have any effect on the nomination of the four SC justices for the CJ position.”
Also sought for comment, Integrated Bar of the Philippines president Abdiel Dan S. Elijah Fajardo said that while the group maintains its position that the quo warranto decision to oust Ms. Sereno is an “unconstitutional method,” the complainant-lawmakers now have the “burden of proving that the decision of the Justices was not an ordinary error in judgment.”
“They have to show that it was the product of a malicious conspiracy to sidestep the Constitution upon the behest of the executive department, in abject surrender of judicial independence,” Mr. Fajardo told BusinessWorld in a phone message.

Boracay set for dry run

THE DEPARTMENT of Environment and Natural Resources (DENR) said that it will be conducting a dry run on Boracay a week before the tourist island formally reopened for business on Oct. 26.
“We’ll make sure that [the chosen] hotel[s] will be able to deliver the mandate to their guests without jeopardizing the environmental rules,” Environment Secretary Roy A. Cimatu said in a press briefing on Thursday.
He said an initial 1,000 rooms will be made available on Oct. 15, followed by another 1,000 the next day. It will be up to the Department of Tourism to determine which hotels will be allowed to open, Mr. Cimatu also said.
“We also call on the public to wait for the announcement on which compliant and accredited establishments will initially be allowed to operate by Oct. 26 before they process with their own reservation,” he said.
“[Last Wednesday], we were able to hear from them that the average daily tourist [count] was at 6,400 guests daily and the total for any given day is about 19,000 guests,” he added.
“[We] also found out that the number of rooms available exceeded the ideal or the carrying capacity [during the months of] February, April, and May.”
Undersecretary for Solid Waste Management and Local Government Units Concerns Benny D. Antiporda said in an interview there will be policies issued before Oct. 26, as formed by a technical working group and approved by the interagency task force.
Among the proposed policies discussed by the agencies on Wednesday are the use of electric vehicles and the scrapping of tricycles and old generation vehicles as well as water sports equipment.
The task force is also considering the prohibiting of sand castles and placing chairs on the beach and the relocation of souvenir shops to the barangay proper.
Mr. Cimatu also reiterated the presidential directive that all establishments, regardless of size, should have their own sewage treatment plants (STPs).
“It’s not a policy of the DENR, it’s a presidential policy. It’s expensive but they can recover in the long run,” he said.
“For clarification, no STP, no compliance [certificates], no accreditation, no opening,” Mr. Antiporda said.
The DENR has extended the operation of its one-stop shop to Sept. 7 to give businesses more time to meet requirements.
For its part, the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) said in a statement it is on track with its commitment to establish a temporary discharge pipe at the Bolabog beach to address the controversial drainage pipes.
TIEZA said it is also proceeding on course with the implementation of the Boracay Drainage Project (Phase II). The project, which has a total allocation of P1.1 billion ,is expected to finish by the third quarter of 2019, the agency said.
“TIEZA, as the infrastructure arm of the DOT, is fully committed to complete not only the short-term interventions but more so the long-term engineering solutions to the problems that beset Boracay. Boracay’s problems did not happen overnight, but we are making sure to fast track the project implementation pursuant to the directive of the President,” TIEZA Chief Operating Officer Pocholo D. Paragas said in the statement on Thursday. —main report by Anna Gabriela A. Mogato

PHL ‘concerned’ about US report on Chinese nuclear capability in disputed waters

By Arjay L. Balinbin, Reporter
MALACAÑANG on Thursday said it is “concerned” with the Pentagon’s recent report that “a nuclear element” may be brought into the disputed South China Sea region, noting that the Southeast Asian region has a nuclear-weapon-free zone policy.
“We’re concerned about the entry of any and all nuclear weapons into the Philippine territory because our Constitution provides that we are nuclear-free zone. There’s also an ASEAN treaty declaring the whole ASEAN as a nuclear-free zone, and we are concerned about the possibility that any foreign power — be it American, Russian, Chinese — may bring nuclear warheads into our territory and into ASEAN, which is declared as a nuclear-free zone,” Mr. Roque said in a press briefing at the Palace on Thursday afternoon, Aug. 23.
In its annual report to Congress, as posted on the U.S. Naval Institute’s online news site, the United States (US) Department of Defense said: “In 2017, China indicated development plans may be underway to power islands and reefs in the typhoon-prone South China Sea with floating nuclear power stations; development reportedly is to begin prior to 2020.”
The Pentagon also said the Chinese People’s Liberation Army (PLA) “has begun fielding a road-mobile, nuclear and conventional capable IRBM (intermediate range ballistic missile), expanding its near-precision strike capability as far as the second island chain.”
Mr. Roque said the Philippine government will verify the information. “If we could, we will try verifying, we will try approaching any of these suspected nuclear warheads carrying ship and see if you can actually even board them. I don’t think they can be boarded.”
“So the concern is against all nuclear, possible nuclear-carrying vessels from all countries,” he added.

NPC’s Sotto: ‘Not ideal’ to float names of senatorial candidates this early

By Gillian M. Cortez
SENATE President Vicente C. Sotto III of the Nationalist People’s Coalition on Thursday said “We would rather come out with an official list that we will support after the filing of certificate of candidacy.”
“It’s not ideal for us to keep on mentioning names when later on they would not be running or will no longer be interested,” the Senate leader said in a press briefing.
On Wednesday, the NPC came out with the names of possible candidates from other parties, including reelectionists Juan Edgardo “Sonny” M. Angara, Nancy Binay-Angeles, Joseph Victor E. Estrada, Aquilino Martin L. Pimentel III, Grace Poe-Llamanzares, and Cynthia A. Villar.
Others mentioned were former senators Manuel “Lito” M. Lapid and Jose “Jinggoy” E. Estrada, Bureau of Corrections (BuCor) chief Ronald M. Dela Rosa, Taguig City Representative Pia S. Cayetano, and Special Assistant to the President Christopher Lawrence “Bong” T. Go.
As of Thursday, Mr. Sotto mentioned that Senator Paolo Benigno “Bam” A. Aquino and Ilocos Norte Governor Maria Imelda Josefa “Imee” R. Marcos could possibly be part of the lineup.
“Aabot ng 15 yan kasi merong technicalities na inayos pa namin (The list might reach 15 because there are technicalities we are still trying to resolve), like for example, if there are members who would like to include Governor Imee in the lineup, or there are members who would like to include Senator Bam in the lineup,” he said.
NPC identifies itself as an independent party.
“We are allied (with other parties) but it is not a coalition. A coalition will entail a total agreement to coalesce with each other, acting as one political party,” he said.

Nationwide round-up

Gov’t hauls in P8.8B worth of pirated, fake goods in H1


AUTHORITIES SEIZED P8.8 billion worth of pirated and counterfeit goods in the first half of 2018, nearly six times the P1.4 billion value in the same period a year ago.
The January to June performance also surpassed the 2017 total of P8.2 billion, according to a report released on Thursday by the Intellectual Property Office of the Philippines (IPOPHL).
IPOPHL’s operations are undertaken with the inter-agency National Committee on Intellectual Property Rights (NCIPR).
“With this substantial take, we are reasonably optimistic that our goal to surpass the record high of 2014 of P13 billion worth of fake and counterfeit products is within reach,” said IPOPHL Director General Josephine R. Santiago in the statement.
Of the goods seized, cigarettes and alcohol comprised the bulk at 78%, valued at P6.8 billion.
Pharmaceutical and personal care products followed at P 1.2 billion. Fake handbags and wallets came in third, with the NCIPR seizing P450 million worth.
Of the NCIPR enforcement agencies, the Philippine National Police (PNP) accounted for the lion’s share of the haul at 72% or P6.3 billion.
The Bureau of Customs captured 24% or P2 billion, while the National Bureau of Investigation confiscated P266 million, and the Optical Media Board had P103 million.
“Surpassing the full-year 2017 seizure is a matter of course given IPOPHL and NCIPR’s intensified campaign to curb the spread of fake goods since the beginning of the year. Any form of piracy is damaging not only to the local economy but also to the industries we cultivate, as well as the investors with valuable intellectual property, and the government which loses revenue with these fake goods,” Ms. Santiago said.
She noted the impact of these goods are far beyond the economic scope as these can compromise the health and safety of users.
Ms. Santiago added that counterfeiting is being used by organized criminal syndicates to fund their operations.
The value of fake goods confiscated by the government fluctuates every year and it depends on the class of goods and the market value of the original goods in the formal economy. — Janina C. Lim

Palace tells Lim: Surrender and have your day in court

MALACAÑANG ON Thursday asked alleged drug lord Peter Go Lim to surrender.
“We are asking Peter Lim, please surrender. If you are innocent, prove your innocence in court. You will be given your day in court. I’ve just asked him to surrender,” Presidential Spokesperson Harry L. Roque, Jr. said in a press briefing at the Palace.
He added: “I’m not appealing. I’m just saying if you don’t surrender, we will still get you but if you are innocent then we guarantee that you will be given your day in court.”
Mr. Roque noted that the Philippines has “proven to the world that we have an independent judiciary and you have nothing to fear by way of being a victim of injustice. We have competent courts, so I think he should surrender.”
The Police Regional Office-Central Visayas (PRO-7) confirmed on Wednesday that Mr. Lim is no longer in Cebu, where he resides and has several businesses.
PRO-7 Director Debold M. Sinas said Mr. Lim left the province even before the arrest warrant was issued, but the suspect could still be in the country.
“He is somewhere in Metro Manila,” Mr. Sinas said.
The police is working with the National Intelligence Coordinating Agency and the Armed Forces of the Philippines in tracking Mr. Lim’s whereabouts.
Mr. Lim and several others are facing charges for conspiracy, sale, trading administration, dispensation, delivery, distribution, and transportation of dangerous drugs filed by the Criminal Investigation and Detection Group Crime Investigations Unit. — Arjay L. Balinbin with a report from The Freeman

Duterte, Misuari meet, discuss federalism

By Arjay L. Balinbin, Reporter
PRESIDENT Rodrigo R. Duterte had a private meeting with Moro National Liberation Front (MNLF) founding chairman Nurulaji “Nur” P. Misuari last Wednesday in Davao City, Malacañang said on Thursday, Aug. 23.
In a press briefing at the Palace, Presidential Spokesperson Harry L. Roque, Jr. said the two men “talked about federalism.” It was also the first meeting between Messrs. Duterte and Misuari since the signing of the Bangsamoro Organic Law (BOL) last month. Mr. Duterte previously had an audience with Mr. Misuari in 2016 and last year.
Sought for comment, University of the Philippines (UP)-Diliman law professor Antonio G.M. La Viña said in a phone interview: “I think it’s about getting Misuari onboard.”
Mr. Misuari has been consistently against the signed BOL, which provides for the establishment of the Bangsamoro Autonomous Region in Muslim Mindanao on the watch of leaders of the Moro Islamic Liberation Front, which broke away from the MNLF in the late 1970s.
Mr. La Viña also said the MNLF leader can wait until the government shifts to a federal setup, “but it doesn’t change anything because even the draft prepared by Justice (Reynato S.) Puno and others already says that the Bangsamoro will be a federal region under the Federal Republic of the Philippines.”
“If he runs for Bangsamoro Parliament and he wins, he can be elected Chief Minister. The President can promise him that, but it’s going to be hard to deliver because it is expected that the MILF will dominate the Bangsamoro Parliament,” Mr. La Viña also said.
On whether it is possible for the MILF and MNLF to work together, Mr. La Viña said: “Theoretically, why not? There are some of them who are, in fact, allied with the MILF….So, the whole question now is that what’s the role of Misuari in the BOL? The answer is there is no role; but if there’s federalism, will it open up a role [for him]? I actually don’t think so.”
‘POWER NAP’
Meanwhile, Presidential Communications Secretary Martin M. Andanar said on Thursday that the campaign for federalism is “on a power nap” for now.
Business groups, the Senate, and even Mr. Duterte’s own economic managers have made known their reservations about transitioning to a new government system. Mr. Duterte himself barely touched on that advocacy in his State of the Nation Address, and new House Speaker Gloria Macapagal-Arroyo expressed doubts about Congress tackling federalism before the midterm elections.
In a press conference last Monday, new House Deputy Speaker and Surigao del Sur District Rep. Prospero A. Pichay, Jr. said: “If the senators are not willing,…then there is really no time for Charter change. Not in even five or 10 years from now. That is why I am calling on the senators to be more open-minded about this so we can discuss it.”
“Cha-cha is just on a power nap,” Mr. Andanar said in a radio interview when asked if charter change is now “dead.”
“Ibig sabihin nagpa-power nap, eh nag-iipon lang ng lakas para pag gising niya ay tuluy-tuloy na ang ating kampanya dito sa pederalismo or Charter change. But we respect of course the opinion of our lawmakers kung iyon po ang sinasabi nila,” he added. (What I mean with ‘power nap’ is that we are just saving energy so that when we wake up, our campaign for federalism will be nonstop).
In a press briefing, Senate President Vicente C. Sotto III said: “That’s a good way of putting it. To me, the timing is really difficult at this point. I’m not for it, but I’m not against. But the timing is really difficult. Our time is limited because of the elections. It will be easy to discuss it after 2019.”
Sought for comment, UP Political Science assistant professor Perlita M. Frago-Marasigan said in an e-mail that “Introducing a new political system amidst more or less persisting problems does not augur well for investment given our present circumstances. Nevertheless, having a government with a strong political will can make federalism happen. You just cannot help but ask, why federalize now?”
She added: “It is true that change is always met with resistance. But sometimes, if there are just too many obstacles along the way, perhaps it is also a sign to pause and reflect if indeed it is the only path. These are clearly warning signs. Is federalism the change that the country needs right now? Better safe than sorry.”
Also on Thursday, Mr. Roque said of the draft federal constitution submitted by the Consultative Committee (ConCom) to Review the 1987 Constitution: “The President will consider the comments of the people and can improve the draft accordingly before officially transmitting it to Congress.”
He also said the “draft is a very good draft.”

Duque tells children: Don’t play in floodwater

HEALTH SECRETARY Francisco T. Duque III reminded children not to play and avoid wading in floodwater to prevent contracting leptospirosis. Speaking to students of the Longos Elementary School in Malabon during a recent visit, Mr. Duque said the Department of Health cannot safeguard the people’s health by itself and needs the full participation of the community. He cited that leptospirosis cases nationwide for the period Jan. to Aug. 4 has more than doubled to 2,229 from 1,085 in the same period last year. The five regions with the highest leptospirosis cases were: National Capital Region (814), Western Visayas (282), Caraga (184), CaLaBaRZon (154), and Central Luzon (138).
MORE RAINS
Meanwhile, scattered moderate to heavy rains are again expected in parts of northern Luzon starting today, Aug. 24. Weather bureau PAGASA said this is due to the continued southwest monsoon which could be enhanced by the Low Pressure Area (LPA) that developed into tropical depression (TD) Luis. The TD entered the Philippine area yesterday morning as it made landfall in the vicinity of Kaoshiung, Taiwan. Another LPA, located 1,465 kilometers east of extreme northern Luzon, is being monitored. The rains will mainly affect La Union, Ilocos Norte, Ilocos Sur, Batanes, and Babuyan Islands, and the Codillera Administrative Region.

BFAR-7 cites illegal fishing arrests in Tañon Strait

THE BUREAU of Fisheries and Aquatic Resources-Central Visayas (BFAR-7) belied allegations that it has been lax in the enforcement of fishery laws in Tañon Strait, the country’s largest protected seascape. BFAR- Region 7 Information Officer Alma R. Saavedra said a joint seaborne patrol operation with the Philippine Coast Guard resulted in the apprehension of at least eight illegal fishing vessels in the last three weeks. Fisherfolk leaders from towns surrounding Tañon Strait earlier said that government agencies, including BFAR, has failed to address the illegal commercial fishing operations within the protected seascape. Ms. Saavedra said of the eight apprehensions, two commercial fishing vessels were caught in the waters off the southern Cebu towns of Malabuyoc and Ginatilan, four in Malabuyoc, and one each in Bien Unido, Bohol and Ginatilan. The operators and fishermen of the vessels were apprehended for unauthorized fishing, and for using unlicensed fishing gear, among others. BFAR also collected P240,586 in settlement penalties. The law prohibits commercial fishing in marine protected areas. — The Freeman

Palawan patrol

This rigid hull inflatable boat (RHIB), fitted with a 30-caliber machine gun, is now part of the anti-terrorism and overall security patrol operations of the Philippine Coast Guard (PCG) in Palawan. The RHIB was donated by the Japanese government.

Zamboanga City starts rice procurement to reduce market prices

THE ZAMBOANGA City government has started buying rice for distribution to the market at controlled prices following a shortage since early this month that saw rates go up to as much as P80 per kilo.
A state of calamity was declared last Monday to allow the city government to tap the emergency fund for rice procurement.
Mayor Maria Isabelle Climaco-Salazar announced yesterday that they have reached a deal with one distributor for the supply of 100,000 sacks of rice at 25 kilos per sack.
She said this is in addition to the 40,000 sacks provided by the National Food Authority (NFA) and additional supply from Cotabato and the municipalities of Sibugay.
A monitoring team has also confirmed the availability of supply coming from Isabela province and imported from India.
“This is a very positive development. We are looking at the normalization of rice supply pending harvest this September and pending also the supply of rice for Basilan, Sulu and Tawi-tawi,” the mayor said in a statement.
DA STORE
Meanwhile, the Department of Agriculture (DA) announced yesterday that it will be setting up a temporary TienDA to sell rice on Saturday.
Agriculture Secretary Emmanuel F. Piñol said that the TienDA, also called the “Bigasan ng Masa”, will be selling both regular milled and well-milled rice to residents of Zamboanga and neighboring cities until the supply from the National Food Authority and private traders arrive.
Mr. Piñol also said that he will be meeting with local government officials to discuss plans for their respective rice programs.
“We would like to ask them to revive their rice programs in other cities but also ask them to commit to stop rice smuggling,” he added.
The DA chief said this is a “crisis of their own making.”
“They abandoned their rice program because they depended on smuggled rice.”
“We will find a source of rice [for them]. DA is already helping. I already called producers on other parts of Mindanao,” he added.
The DA will also push for the development of rice farm corporations in the provinces to ensure self-sufficiency within localities. — with a report from Anna Gabriela A. Mogato

ARMM to build 50 houses in Maguindanao coastal town

THE AUTONOMOUS Region in Muslim Mindanao (ARMM) government broke ground on Wednesday for a housing project in the coastal town of Datu Blah Sinsuat, Maguindanao. The ARMM said in a statement that the project, consisting of 50 units located in Barangay Pura, is under the ARMM-Bangsamoro Regional Inclusive Development for Growth and Empowerment (ARMM-BRIDGE) program. The ARMM-BRIDGE is intended to provide decent shelter, access to clean water, power source, food, and livelihood in the region’s poorest areas.

Nation at a Glance — (08/24/18)

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

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