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Impunity and discretionary justice

The phrase “heinous crimes,” for which death is their preferred penalty, falls often from the mouths of the advocates of state-sponsored murder, whether capital punishment, or the use of extrajudicial killings against suspected drug users and pushers as well as lawyer-, student-, farmer- and worker-activists and regime critics. Include in this lot certain senators and congressmen, the police and military, some judges, and, of course, the current president of this endangered republic.

Among the crimes they often describe as “heinous” is kidnapping and murder, but only when these are committed by a slum dweller, a worker, a farmer, a Lumad, or a Moro, or anyone else who’s not in their company. They don’t label “heinous” the crimes committed by the well-connected, wealthy and powerful, whether rape, kidnapping, or the extrajudicial killings by state security forces and their paramilitaries that like dengue and measles have become rampaging epidemics in this vale of tears.

Some of these death penalty partisans even become advocates of giving convicted criminals from the privileged few the “second chance” that death by lethal injection, hanging, or firing squad would deny the less fortunate. The impunity of the powerful and well-connected has always been a fact of life in these isles, but it has never been as “normal” as today under a broken justice system controlled by bureaucrats who value only their own lives, and who haven’t lost their capacity to imagine the cruelest means of killing the poor that they would even turn into public spectacles.

Boxer, billionaire, and death penalty enthusiast Manny Pacquiao may be forgiven for assuming that the execution of Jesus Christ was just, and an argument for capital punishment. He apparently has little or no understanding of what he claims to have read in the Bible. Least of all is he aware that it was the legions of the Roman Empire as an occupying force in the Jewish homelands that killed Christ. His fellow enthusiasts, however, deserve less, because, while arguing for the death penalty, they’re at the same time justifying, and have even knowingly allowed the release, through Republic Act 10592, the 2013 Good Conduct Time Allowance (GCTA) Law, of some of the vilest monsters this benighted land has ever spawned.

RA 10592 is one of those presumably well-meaning laws that, like many others of similar intent, is being used for self-serving ends by those bureaucrats misusing the power to decide who goes free and who doesn’t. It was passed in recognition of the possibility that some of those who’re serving prison sentences deserve earlier release for good behavior and time already served.

The GCTA law’s reasonable assumption is that those in that category of convicts could have truly repented and reformed. Although it doesn’t say so, there is also the possibility that some of those in prison today were innocent and wrongly convicted to begin with, given the infirmities of the misnamed justice system, among them its finding an individual guilty even if he confessed under police torture, was tried by an incompetent and partial judge, or, because he could not afford a pricey lawyer, was not represented by competent counsel.

These lethal flaws indict the Philippine system as a mockery of justice, while the release and attempted release of those guilty of the most abominable crimes validate the widespread sense that far from being blindfolded, justice in the Philippines has both eyes open.

The conviction and imprisonment of the wealthy and well-connected does happen, although it’s more the exception rather than the rule. When that does occur, they have the option to serve their sentences in the comfort and ease of air-conditioned mini-condominiums with catered meals and even female companionship. They can have the run of the prison, and can go in and out of it at will. (One of the many such examples is that of a politician who, although imprisoned for murder, frequented his Ayala Avenue office and his home in one of Makati’s exclusive residential enclaves during his supposed confinement.)

Because his was a high-profile case, and due to widespread public outrage, the case of former Calauan, Laguna mayor Antonio Sanchez, who was convicted of rape and double murder and given seven life sentences in 1993, has received the most attention. But as the revelations of such knowledgeable people as Senator Panfilo Lacson are proving, there are others guilty of such abhorrent crimes as drug dealing, kidnapping, and murder who have been released through the GCTA law before they’ve served their full sentences. Because their release cuts short the prison terms to which they have been sentenced, these instances are themselves proof of the prevalence of impunity and selective justice.

Sanchez’ nearly being released on Aug. 20 has provoked suggestions to amend RA 10592. But it is also being used by the mindless death penalty chorus in Congress as an argument for the reimposition of capital punishment.

Not only won’t the return of the death penalty solve the problem, it will also make it worse, not only because it will condemn to death those wrongfully convicted by the severely flawed justice system. There is also the distinct possibility that in the Philippine regime of discretionary justice, its reimposition will drive the well-connected into using every means available means to avoid it, including boosting the huge amounts of bribes they already offer the police and judges, as well as to intimidate and even kill witnesses so they can literally get away with murder, thus contributing further to the corruption that afflicts much of government.

The end result will be to condemn more of the poor and powerless without the benefit of being released despite being later exonerated, death being final. The supreme irony is that the death penalty’s seeming to be a solution to the exemption from punishment, or the impunity that has become an established way of doing things in this country, will instead further harden it.

Neither is amending the GCTA law the solution that will prevent the release of undeserving and unrepentant criminals, since, as everyone with any sense has realized by now, even the best laws end up being the worst once implemented by the most corrupt and most incompetent political class in Asia and their minions in the military and civilian bureaucracies.

The selective implementation of the plunder law has allowed plunderers to go scot-free and to even be elected to high office. The laws against murder have not prevented mass murderers from escaping punishment and doing the same. And far from democratizing representation in the lower house of Congress, the Party List Law has succeeded in further marginalizing the voiceless and strengthening the putrid rule of the political dynasties and their coteries who have had a monopoly on political power since Commonwealth days.

None of the above “solutions” will do. The cure cannot be anything but political: it is to put an end to the rule of the handful of families and their accomplices, clones and agents whose power over government is not limited to Congress, but extends to the judiciary, and, through the executive branch, to the military, the police, and the penal system.

But like the real remedy to such problems as poverty and the perennial threat of tyranny, the implementation of that solution will have to wait for the coming of the alternative State and society whose realization has long eluded the people of this dark realm of injustice and impunity.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).

www.luisteodoro.com

The Bilibid redemption

We all have our purpose in life, to find our own place under the sun. We grew up in the gory days of the Vizconde massacre in Parañaque in 1991, Chiong sisters rape-slay in Cebu in 1997, and the murder of Bubby Dacer in Cavite in 2000. We remember the crimes against Maggie dela Riva, Pepsi Paloma, and Leonardo Villa in the decades past.

The 1993 double murder case against convicted ex-Mayor Antonio Sanchez is front and center once again. At age 73, perhaps ex-Mayor Sanchez may have found his redemption — when his imminent release from the national penitentiary in Muntinlupa became public knowledge, it exposed the problem that is the Good Conduct Time Allowance (GCTA) Law that allows for early release of convicts for good behavior.

Without him and this controversy, we may never have known that our criminal justice system is broken.

The Senate hearings continue but who investigates the legislators responsible for the passage of legislation that is sloppy and skewed? This is a perennial problem when laws that are systemic in nature, like criminal justice, are written by amateurs in disregard of the existing legal framework, historical context, and actual situation. It is law-making sari-sari style.

It is clear that the GCTA does not exclude those convicted of heinous crimes. It means that even rapists and murderers are entitled to early release by law as passed by Congress and signed by the President. It is a substantive right that cannot be revoked provided the convict meets all the requirements. We only passed a heinous crimes law in 1993 as a response to the crimes of then Mayor Sanchez.

The Department of Justice and the Department of Interior and Local Government, in crafting the GCTA Implementing Rules and Regulations, intended the prospective application of the 2013 law, meaning it would only apply to those convicted after the GCTA law. The early release of prisoners needs to be balance with the demand for justice for victims and their families, and the need to rehabilitate and transform prisoners.

Mere passage of time in jail is not enough. Redemption is not only about saving one’s self, it is about saving others too.

However, in June 2019, the Supreme Court ruled that since GCTA is favorable to prisoners, it should apply retroactively, meaning all those currently in prison are entitled.

For those released heinous or hideous criminals, by entitlement or by corruption, it is a dilemma whether to bring a case in court challenging the “return to prison” order, or to quietly surrender and be re-incarcerated. Live free and invoke your right, or have a bounty on your head like a fugitive all over again.

Even if Congress amends or repeals the GCTA law, the rights in favor of the prisoners are already vested and cannot be taken away. This demonstrates the ill effects of a bad criminal justice law with the good intent to reward good conduct but which actually fosters corruption and destroys public trust in our criminal justice institutions.

It does not absolve the Justice department and the Bureau of Corrections (BuCor) if preventive measures were not in place, or as shared by Senator Tito Sotto that redemption for a price happened at the BuCor. For example, for alien criminals, their immediate deportation to their country of origin, or to continue intelligence build up post-release of any illegal activities.

It is one thing to pardon a murderer who grew up or grown old in prison without any violation, or to forgive a rapist who truly repented to atone for his sins. It is another matter to absolve drug lords who run their business in and out of Bilibid. It is not as if they will suddenly close shop because they are now out of the walls.

The solutions are simple and straightforward:

1. Do a complete review of all criminal laws and procedures and fix the problems one by one, step by step, but under an integrated framework;

2. More than any other institution, let meritocracy reign in criminal justice agencies. Select, appoint, and train only persons with integrity and competency to manage these large bureaucracies that are the bedrock of a just society; and

3. Operationally and for a permanent solution, relocate the whole rotten Bilibid complex to a new place with new systems and new policies in a new environment.

We are living in gorier days of daylight killings and street executions. These are all heinous crimes against citizens, from police officers to prosecutors, from doctors to judges, and from councillors to congressmen. Inflation rates and economic growth rates are meaningless if our right to life is forfeit. Our purpose in life can only be realized if we exist in safety and live in peace. And for deviants and criminals, to know for sure that they will have to meet their fates under a rule of law that is fair and true.

The spectrum

Foodies fit into different categories and sub-classifications. Omnivore, carnivore, pescetarian, vegetarian, vegan, and flexitarian. The variations are growing.

They are fastidious and fussy or adventurous and exotic. A chasm separates the glutton who lives to eat and the ascetic who nibbles just to survive. Between the extremes is a collection of characters whose food preferences range from soul to vegetarian, from gourmet to junk.

One must remember that self-esteem, status, diet, figures, are closely interlinked. What you eat and how you eat reveal clues about your personality and socioeconomic background.

In the universal spectrum of food, there are limitless and creative forces for every taste. The herbivores eat fresh, natural, organic vegetables, plant-based food. “Healthy but boring,” scoffs the carnivore. Now meat-lovers can have organic, grass-fed meat. Vegetarians are usually slim, trim and are more placid. The do not have the health issues and temperament of the bon vivant who suffers gout, heart disease, arthritis. The simple food diet consists of fiber — brown rice, veggies and fruits that are conducive to meditation. Many spiritually evolved individuals are vegans or vegetarians. (But not all vegetarians are spiritual.)

The discriminating gourmet considers fine dining as one of the greatest pleasures in life. He seeks and savors the best restaurants that serve delicacies and fresh ingredients. This search could be in the local scene or on journeys to distant countries to dine at Michelin rated restaurants. It is a ritual of sniffing and tasting the red and white wines or champagne that complement the various dishes and cheeses.

Gourmets come in assorted packages — robust, lean, or curvy. The gourmand is the rotund with an enormous appetite. His blood test could have borderline cholesterol and uric acid levels. The omnivore enjoys all types of food in moderation. The extreme version is the voracious, overweight glutton who devours food as though it were going out of style. He loves everything excessively rich and forbidden.

The food junkie thrives on instant gratification — fast food with sodas, snacks with sodium and trans fats.

Food cravings have a psychological significance. Chocolate has a “feel good” pheromone, a chemical that simulates the “high” of falling in love — endorphins and oxytocin. Feeling blue, one tends to binge on chocolate. Compulsive eating disorder is an addiction — like shopping.

(Who cares about calories?)

Insecure, ambivalent individuals have the tendency to use food as a crutch. It masks anxiety, inadequacy and stress.

Eating disorders such as anorexia and bulimia plague people with low self-esteem problems, stress or frustration. They pacify the pangs by constant eating or by starving themselves. Eating is “tiresome,” they rationalize.

The trend is size zero or two for celebrities, actresses, and models in Hollywood and in the fashion industry. They have to fit well into the best designers’ samples. The hazard of over-dieting is that the body can only take a limited amount of punishment. Too much starvation and sudden bingeing can cause an imbalance of electrolytes, hormones, and chemicals that can be fatal.

In certain countries around the world, festivities revolve around food. In the local setting, food is the centerpiece of business meetings, social events — weddings, baptisms, and wakes.

One observes that it has become a status symbol to celebrate with food served in a stylish manner. Thus, prestige and ego are linked with the quality and quantity of food.

Business corporations prefer to hold conferences and awards dinners at hotels with special amenities and good meals.

A company with a modest budget can have a fun picnic at a resort with barbecues, games and raffle prizes.

The flamboyant theme parties have spectacular décor, superstar entertainment and fireworks. Guests always remember the lavish buffet with imported blooms, roast carvings, and the range of desserts — chocolate fountain, fondue, and exotic fruits. Decades ago, an iconic anniversary party had the ultimate luxury — a champagne fountain. That event was opulent in the manner of royals and aristocrats who lived in a bygone era.

Filipino hospitality is legendary. An unexpected visitor will always be welcome to share a meal — no matter how simple are the dishes. The gracious host may refrain from eating so that the surprise guest may dine well. This gesture is spontaneous and sincere.

Food tastes better with convivial company and in the proper ambiance. It is a form of bonding. A catered, elegant sit-down dinner and the home-cooked meal are both pleasurable when there is the true bon appétit spirit.

 

Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.

mavrufino@gmail.com

Let’s not SOGIE the military

Lost within the frenzy of emotional arguments surrounding the Sexual Orientation, Gender Identity and Expression (SOGIE) bills (HBs 134/136 and SBs 159/412/689) is the fact that a valuable sector of our society has been kept silent. Not much heard regarding its obviously important opinions, views, experiences, and insights as to the propriety (or absence of it) of the proposed legislation.

Interestingly, the SOGIE bills are particularly keen to target this sector, putting clear emphasis that it is subjected to and covered under the impositions sought to be legislated.

But unlike the LGBT+ (lesbian, gay, bisexual, and transgender), whose permutations have been continuously declared to be beyond binary, “like a rainbow,” this sector, by necessity, lives almost in a manichean world: win or die; its members working under — to be dramatic about it — a single-minded purpose: Be a better killer than our country’s enemies.

That sector, of course, is our military.

That the House SOGIE bills give special mention to our Armed Forces is quite obvious: thus, it is criminal to “deny employment in government institutions, including police, military, or uniformed personnel in government service, based directly or indirectly” on grounds of sexual orientation or gender identity, i.e., treating a person less favorably on the basis of SOGIE.

This is bolstered stolidly by the Senate versions, imposing criminal liabilities if an employer “include SOGIE, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer, designation, work assignment, reassignment, dismissal of workers, and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment: Provided, that this provision shall apply to employment in both the private sector and public service, including military, police, and other similar services.”

But the two aforementioned passages are exceedingly vague, dependent wholly on the subjective opinion of the LGBT+ concerned. Much of what can constitute identity or orientation cannot be seen through clothing or even at skin level. Science tells us no LGBT+ blood or gene exists.

There is no factual, scientific, or objective standard with which the armed forces can rely on to comply with the requirements of the proposed SOGIE bills. And yet, the military is made vulnerable to legal liability for simply failing to identify the very particular kind of people covered by a special law.

Nevertheless, the SOGIE bills demand that the LGBT+ (plus its gazillion permutations) be given the “right” to serve in the military. Because they feel they’re entitled to it.

But military service isn’t a right, it’s a privilege: despite feelings, only those fit and tough enough, without the cost of possibly wrecking necessary military unity and obedience, should be allowed to serve.

And it’s infinitely more costly to ask our military to change for a few feelings rather than ask citizens to change to be fit for the military.

Summarizing the Heritage Foundation’s Dr. Ryan Anderson’s article (“5 Good Reasons Why Transgender Accommodations Aren’t Compatible With Military Realities,” July 26, 2017), the following are further reasons why the SOGIE bills — in this case, focusing on transgenders — is an imprudent idea:

1. The privacy of service members must not be infringed. This refers specially to facilities reserved for women.

2. Service members must remain combat-ready at all times. Transgenders require regular hormone treatments and follow-up visits after sex-reassignment surgery, making their deployability unclear.

3. All service members must be held to the same physical fitness standards, these standards being based on biological realities, not subjective “gender identity.” Simply put, men who identify as women should not be held to a lower standard than other men, and such standard being that which the military has determined is most effective for combat.

4. Scarce taxpayer monies must not be expended for costly and controversial sex-reassignment therapies.

5. Medical judgment, conscience rights, and religious liberty of military doctors, chaplains, commanding officers, and fellow service members should be respected.

Add to that the high transgender suicide rate. As Dr. Anderson points out: “41% of people who identify as transgender will attempt suicide at some point in their lives, compared to 4.6% of the general population. And people who have had transition surgery are 19 times more likely than average to die by suicide.”

Also, Dr. Anderson: “People who identify as transgender suffer a host of mental health and social problems — including anxiety, depression, and substance abuse — at higher rates than the general population. Biology isn’t bigotry, and we need a sober and honest assessment of the human costs of getting human nature wrong.”

It is therefore quite logical for 61% of the US military to disapprove of transgenders in the military. And with more than 200 countries in the world, only 19 allow transgenders to serve.

The military deals with reality not feelings, politics, or social experiments. For our country’s sake, let’s not change that.

 

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.

https://www.facebook.com/jigatdula/

Twitter @jemygatdula

Every dark cloud has a silver lining

A cloud with a bright outline along its edges indicates that the sun is behind it. This natural phenomenon is the basis of the popular saying “every dark cloud has a silver lining,” which means it is possible for something good to come out of a bad situation.

On Sept. 28, a Saturday, from 8 a.m. to 5 p.m., the ICANSERVE Foundation will hold its fourth “Silver Linings” forum at the Philippine International Convention Center (PICC) in Pasay City. The largest gathering of breast cancer survivors in the country, “Silver Linings” features interactive and creatively delivered presentations on various topics to address the different needs of breast cancer patients, their family, friends, and medical support team.

Topics range from the personal and medical to advocacy. These include “Everything you need to know about breast cancer; “Can one have children after cancer?”; “How to deal with a Stage 4 breast cancer diagnosis?”; “Does cancer run in my family?”; “What is my follow-up care?”; “Dealing with anxiety and depression during cancer”; “Healing through storytelling”; “Eating right”; “Meditation”; “Gentle Yoga”; “Where to Find Financial Assistance”; and “What’s in store for you in the new Cancer Law?,” among others. Free X-ray, BMI measurement, and consultation with doctors, and many more freebies will also be offered during the event.

“‘Silver Linings’ is a day of education and inspiration. It is also an opportunity to forge friendships and partnerships with the Filipino breast cancer community,” says ICANSERVE Foundation Founding President Kara Magsanoc-Alikpala, a journalist, breast cancer survivor, and patient advocate.

The World Health Organization (WHO) said that breast cancer is the most frequent cancer among women, affecting 2.1 million women each year, and also the of cause of the greatest number of cancer-related deaths among women. It added that early detection is key to improve breast cancer outcomes and survival. The early detection strategies involve early diagnosis and screening.

Founded in 1999 by four breast cancer survivors led by Kara, ICANSERVE advocates early breast cancer detection through high impact information campaigns and community-based screening programs. It empowers women with breast cancer and provides women with cancer-related information so they can have a voice in their own health care. It offers hope so women will not feel alone in their journey. Volunteers are cancer survivors willing to share their light with other patients and survivors so that their path is better lit, and the journey, lighter. ICANSERVE is the only local foundation that has institutionalized early breast cancer detection in partnership with local government partners. It has also started institutionalizing patient navigation through local laws.

The three previous “Silver Linings” forums were held in Metro Manila, Cebu City, and Davao City. This year’s Silver Linings is special because it coincides with the 20th anniversary of the ICANSERVE Foundation. With a minimal fee, pre-registration can be done online at http://icanservefoundation.org/?page_id=4787 or register on site on Sept. 28.

 

Teodoro B. Padilla is the executive director of Pharmaceutical and the Healthcare Association of the Philippines (PHAP). Medicine Cabinet is a weekly PHAP column that aims to promote awareness on public health and health care related issues. PHAP and its member companies represent the research-based pharmaceutical and health care industry.

medicinecabinet@phap.org.ph

Peso slips on rate cut bets as inflation slows

THE PESO dropped on Thursday as the market expects more monetary easing as inflation slowed.

THE PESO weakened on Thursday despite positive developments regarding the US-China trade war and slower Philippine inflation in August.

The local unit ended at P52.01 against the greenback on Thursday, shedding 7.5 centavos from its P51.935-per-dollar close on Wednesday.

The peso opened stronger at P51.885 versus the dollar but succumbed to end weaker. Its weakest point recorded at P52.02, while its intraday best was at P51.82 against the greenback.

Dollars traded on Thursday climbed to $1.449 billion from the $1.282 billion seen on Tuesday.

“The peso weakened against the greenback amid expectations of further easing from BSP (Bangko Sentral ng Pilipinas) amid benign August inflation. The below-target inflation rate gives BSP more room to continue its easing cycle,” one trader said.

Meanwhile, another trader said that the positive developments in the US-China trade war affected the currency market.

“The market could be expecting another rate cut with an improvement of the US-China trade talks as they agreed for a discussion in Washington by October.”

Headline inflation slowed to 1.7% last month from July’s 2.4%, the Philippine Statistics Authority reported yesterday, falling within the BSP’s 1.3%-2.1% estimate range for the month and slower than the 1.8% median in BusinessWorld’s poll of 12 economists late last week.

Year-to-date, inflation is at 3%, well within the BSP’s 2-4% target range for the year, albeit still above the central bank’s 2.6% forecast.

BSP Governor Benjamin E. Diokno last week said the central bank is looking to cut benchmark rates by another 25 bps before the end of the year.

The central bank has cut interest rates by a total of 50 bps so far this year to 4.25% for the overnight reverse repurchase rate, 4.75% for overnight lending and 3.75% for overnight deposit.

The BSP’s Monetary Board will have its next policy meeting on Sept. 26.

Meanwhile, China and the United States agreed to hold high-level trade talks in early October in Washington, China’s commerce ministry said on Thursday, amid fears that an escalating trade war could trigger a global economic recession.

Trade teams from the two countries will hold talks in mid-September before the high-level talks next month, the ministry said. Both sides agreed to take actions to create favorable conditions, it said.

For today, traders said the peso may weaken amid expectations of further rate cuts here and in advanced economies.

The first trader expects the peso to move within P51.90-52.10 against the dollar today, while the second trader sees it ranging from P51.60 to 51.20. — L.W.T. Noble with Reuters

Stocks extend climb on inflation, US-China talks

LOCAL SHARES continued their recovery on Thursday on the back of slower Philippine inflation and positive developments in Hong Kong and the US-China trade war.

The Philippine Stock Exchange index (PSEi) went up 57.33 points or 0.73% to close at 7,898.19 yesterday. The broader all-shares index was also up 20.51 points or 0.43% to reach 4,774.28

AAA Southeast Equities, Inc. Research Head Christopher John Mangun said investors were upbeat following the Philippine Statistics Authority’s release of August inflation data yesterday.

Headline inflation slowed to 1.7% last month from July’s 2.4%, falling within the Bangko Sentral ng Pilipinas’ (BSP) 1.3%-2.1% estimate range for the month .

Year-to-date, inflation is at 3%, well within the BSP’s 2-4% target range for the year but still above the central bank’s 2.6% forecast.

Mr. Mangun also attributed the performance of the index on Thursday to positive developments in Hong Kong and in the US-China trade war.

“It was a good day for global equities as most markets ended higher today including here at the PSE. This came as the Hong Kong government withdrew its controversial proposal to extradite people to mainland China. It also helped that the US and China have agreed to meet next month.”

“If this continues tomorrow, we may see it go above the key 8,000 level. The other alternative is it ends the week flat. We do not see anything particularly negative as of the moment,” Mr. Mangun said on Thursday.

China and the United States agreed to hold high-level trade talks in early October in Washington, China’s commerce ministry said on Thursday, amid fears that an escalating trade war could trigger a global economic recession.

Meanwhile, Hong Kong leader Carrie Lam on Wednesday withdrew an extradition bill that triggered months of often violent protests.

Papa Securities Corp. Sales Associate Gabriel Jose F. Perez shared the same sentiment, adding that the decision of President Rodrigo R. Duterte to allow the operations of online gaming companies in the Philippines to continue, as well as plans of Metro Pacific Hospital Holdings, Inc. for an P83.3-billion maiden share sale buoyed the day’s trading.

All counters ended in the green except the mining and oil sub-sector, which declined 3.66% or 356.50 points to end at 9,377.37.

Meanwhile, property went up 0.96% or 38.10 points to end at 3,989.42; services climbed 0.83% or 12.99 points to 1,576.68; holding firms gained 0.81% or 63.99 points to 7,904.93; financials added 0.58% or 10.56 points to 1,815.71; and industrials rose 0.18 or 20.17 points to close at 10,893.05.

Some 869.68 million issues valued at P7.11 billion switched hands on Thursday, higher than previous session’s P6.59 billion.

Advancers outnumbered losers, 113 to 77, while 53 names closed unchanged.

Foreigners remained as sellers, with net outflows totaling P672.43 million, down from previous session’s P743.70 million. — Vincent Mariel P. Galang with Reuters

Charges vs Faeldon sought for botched parole

NICANOR E. FAELDON — PHILSTAR/EDD GUMBAN

CHARGES must be filed against the country’s prison chief, whom President Rodrigo R. Duterte had fired, for the botched parole of a former mayor convicted of rape and murder, an opposition senator said yesterday.

Sacked Bureau of Corrections Director-General Nicanor Faeldon was not only incompetent but also lied under oath to evade accountability for the planned early release of ex-Calauan Mayor Antonio L. Sanchez, Senator Franklin M. Drilon said in a statement.

The former politician, who was sentenced to seven life terms in 1995 for the rape and murder of two University of the Philippines students in 1993, was not released in the end after a public outcry and a Senate investigation of the plan.

“Faeldon was caught lying through his teeth,” Mr. Drilon said. “He tried to deceive the Senate and the public. He lied over and over again to evade accountability.”

“His name has become synonymous with incompetence. His actions clearly exhibited gross inexcusable negligence and willful misconduct, if not corruption,” the lawmaker said of Mr. Faeldon, who failed it to yesterday’s Senate hearing.

Mr. Duterte on Wednesday fired Mr. Faeldon and ordered his and other prison officials’ probe by the Ombudsman for the illegal release of about 2,000 heinous crime convicts for good conduct.

“The president’s decision confirmed what the public already knew: that Faeldon lied and weaved alibis under oath to exculpate himself,” Mr. Drilon said.

The senator said Mr. Faeldon had deliberately displayed gross ignorance of the law when he allowed the release of heinous crime convicts, including convicts in the Chiong sisters rape-slay, and approved the release of Mr. Sanchez.

Mr. Drilon said the ex-prison chief had lied about stopping the early release of Mr. Sanchez after admitting under oath that he had signed a memo for his early release and other convicts.

“It is very surprising that despite the publicly documented infractions committed by Sanchez while in prison, including the drug bust and his extravagant life in his prison cell, his carpeta did not record any violation,” the lawmaker said. He urged the Senate to look into this, adding that “appropriate charges must be recommended.”

Mr. Drilon, the Senate minority leader, noted that given Mr. Faeldon’s poor public service record, he should not be given a new government post.

Mr. Faeldon headed the Bureau of Customs but was forced to resign at the height of a controversy involving the shipment of billions of pesos worth of crystal meth from China. He was reappointed to the Office of Civil Defense before heading the BuCor in 2018.

Risa N. Hontiveros-Baraquel, another opposition senator, said Mr. Faeldon’s dismissal was “a small measure of justice.” “His dismissal is only fair, not only according to the standards of good governance but also in relation to the spirit of a good law that was abused through the clear preferential treatment of unrepentant, unqualified, yet well-connected and wealthy convicts,” she said in a statement.

Senator Sherwin T. Gatchalian said the prison system has long been in need of cleansing and reforms. “This latest blunder over the release of criminals not covered by the good conduct time allowance is just a symptom of a much larger problem plaguing the BuCor,” he said.

“And much like he did in the Bureau of Customs, Faeldon just made the problem worse instead of fixing it.”

Mr. Gatchalian said the first step toward reforming the BuCor is to appoint a decisive leader who can reform the processes, the people, and the organization itself. “The president should appoint someone who has no previous issues of corruption or incompetence.”

Also yesterday, Justice Secretary Menardo I. Guevarra said he would appoint an officer in charge pending the president’s appointment of another BuCor chief.

Mr. Duterte earlier said the more or less 1,900 felons who got released for good conduct should surrender, otherwise he would order their capture “dead or alive.”

The inmates who were convicted of heinous crimes have been released since the start of the decade even if they were not supposed to be covered by the law, according to prison data.

Mr. Guevarra said the legal basis for Mr. Duterte’s order to re-arrest the convicts was is based on jurisprudence.

Their re-arrest would also not put them in double jeopardy because their return to jail would just be a continuation of the penalties they had not completely served, he said. — Vann Marlo M. Villegas

American held after baby found in her bag

GOVERNMENT agents yesterday filed a human trafficking complaint against an American who got arrested for trying to sneak out of the country a six-day old infant without proper travel documents.

National Bureau of Investigation agents caught Jennifer Erin Talbot at the boarding gate of Manila’s international airport yesterday while carrying the infant inside a sling bag, Manuel M. Dimaano, head of the bureau’s International Airport Investigation unit, told a briefing.

She managed to pass through the immigration counter without declaring the baby.

Ms. Talbot is also facing complaints for kidnapping and serious illegal detention and violation of the law against child abuse, the NBI said in a statement.

The foreigner failed to present a travel clearance issued by the Department of Social Welfare and Development for the infant, Mr. Dimaano said.

While the suspect presented some forms for the baby’s travel clearance, she did not have clearance from the Social Welfare department, he said.

The affidavit of consent and support supposedly executed by the infant’s mother for the baby’s travel to the United States also does not have her signature, according to the bureau.

Ms. Talbot did not have a criminal record, Mr. Dimaano said, citing the US Embassy in Manila.

Maricris C. Dulap, the mother of the baby and the unnamed father were included in the complaint for child abuse. — Vann Marlo M. Villegas

DoJ asked to junk sedition complaint

TWO former opposition senators and a losing senatorial candidate have separately asked government prosecutors to dismiss sedition charges against them.

In separate filings, former Senators Antonio F. Trillanes IV and Paolo Benigno A. Aquino IV and senatorial bet Samira Gutoc-Tomawis denied allegations or that they were involved in the so-called destabilization plot against the government of President Rodrigo R. Duterte.

Police have charged the three along with Vice-President Maria Leonor G. Robredo and other prominent lawyers and Catholic Church leaders with inciting to sedition, cyber libel, libel, estafa, harboring a criminal and obstruction of justice.

They have been accused of seeking the ouster of President Rodrigo R. Duterte through a series of videos linking him and his family to illegal drugs.

Mr. Trillanes denied charges that he was the source of documents that became the basis of the videos “I had no knowledge and/or participation in the production or propagation” of the videos, he said.

Mr. Aquino also denied having participated at a meeting in where the destabilization plot was hatched.

Ms. Tomawis said the allegations against her were lies. “They are devoid of any merit and deserve scant consideration.”

Ms. Robredo earlier asked the Justice department to order the police to give her copies of all the evidence in the sedition complaint against her and 35 other people.

The opposition leader accused the police of violating her rights by withholding evidence. Ms. Robredo also asked the Justice department to defer the filing of her counter-affidavit pending receipt of the police’s so-called evidence.

Police last month filed a complaint of inciting to sedition, cyberlibel, libel, estafa, harboring a criminal and obstruction of justice against Ms. Robredo and other people whom it accused of circulating a video linking President Duterte.

Also sued was Peter Joemel Advincula, the self-confessed drug dealer who was featured in the videos.

Mr. Advincula had sought legal assistance in filing charges against members of the drug syndicate he formerly belonged to. Later that month, he surrendered to police over estafa charges, and tagged the Liberal Party as behind the propaganda.

The Liberal Party has accused the government of political harassment and persecution, saying the complaint is based on lies.

Human Rights Watch has called on authorities to drop the “preposterous complaint,” saying it is a transparent attempt to harass and silence critics of the government’s bloody war on drugs.

A conviction for incitement to sedition carries a maximum penalty of six years in jail. — Vann Marlo M. Villegas

Quirino celebrates Panagdadapun Festival

GETTING TO Quirino requires a long journey — either by plane from Manila to neighboring airports plus a one to three-hour drive, or an eight-hour land trip — but the province promises attractions that would make it worthwhile.

It’s eco-tourism attractions include the Aglipay Caves and Provincial Forest Park, Siitan Nature Park in Nagtipunan, Governor Rapids at the Cagayan River in Maddela, and numerous waterfalls inside forests.

Quirino is home to various indigenous people (IP) groups and an immersion experience at their communities could be arranged through the municipal governments, particularly with the Bugkalot or Ilongot tribe, which was once known for their head-hunting tradition.

The other IPs are the Dumagat, Ifugao, Isinay, and Gaddang, while the lowland settlers are dominated by the Ilocanos. The cultural heritage of these groups are featured at the Quirino Provincial Museum in the capital Cabarroguis.

There is also a newly-opened watersports complex, which will be the site of the first Quirino Invitational Wakeboarding Competition, one of the main events for this year’s celebration of the Panagdadapun Festival from Sept. 6-10.

Quirino Governor Dakila Carlo E. Cua said this year’s celebration, the 21st for the festival and marking the 48th founding anniversary of the province, “is special” because of recognitions on its good governance.

Quirino has been awarded the Seal of Good Local Governance from 2015-2018 financial administration, disaster preparedness, social protection, and peace and order.

The Cabarroguis Homestay Association also received last year an ASEAN Homestay Award for its program supporting the local tourism industry.

Mr. Cua said these “accolades are in line with the Quirino’s vision of being the prime agro-industrial and eco-tourism destination in Cagayan Valley.”

The Panagdadapun, which means “gathering” in the Ilocano language, will be capped on Sept. 10 with a street dance parade showcasing the festivals of the different municipalities. — Marifi S. Jara

9 establishments closed: No more bar curfew, but Iloilo City gets stricter on regulations

NINE ESTABLISHMENTS have been shut down by the Iloilo City government for violations of Executive Order (EO) No. 46, which regulates bars and other leisure spots. Mayor Jerry P. Treñas issued the closure order on Tuesday based on the recommendation of the implementing team composed of different departments and task forces. The nine establishments are: Camp Jefferson Disco Pub, Angel A Resto, Sinukad GP Seafood Restaurant, Bull & Barrel Gastro Pub, HQ Beercade, Floyd’s Famous BBQ, Paraiso After 5 Disco Cafe and Restaurant Bar, Project Ex Sports Bar and Resto, and Juan’s Martha Foods Corporation. EO 46, which repealed a 2017 order that set a 2 a.m. curfew for nightspots, contains guidelines on security as well as the strict implementation of the city’s no-smoking ordinance and prohibition of serving alcoholic drinks to minors. The curfew was lifted after establishments promised to comply with policies to avoid violent incidents that prompted the restriction two years ago. The closed establishments are required to secure a clearance from the Business Permit and Licensing Office before they can resume operations. — Emme Rose S. Santiagudo

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