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Gov’t to conduct study on scope of drug problem

By Arjay L. Balinbin
Reporter
THE DANGEROUS Drug Board (DDB) is set to conduct a study on the extent of the drug problem in the country “amid calls for evidence-based indicators of the success of the anti-drug campaign” of President Rodrigo R. Duterte’s administration, according to DDB chairman Catalino S. Cuy.
The study, Mr. Cuy said in a statement posted on the DDB website on Saturday, will “entail the conduct of a census instead of a survey to provide a real picture of the drug situation.”
The DDB said reports from all law enforcement agencies and intelligence information “will also be included and integrated in the data analysis.”
“There were previous studies with similar intentions but the results of which did not include data from law enforcement agencies. This time, we will make sure that these will be included and integrated in analyzing data and coming up with statistical figures,” Mr. Cuy was quoted as saying.
“What we want is an actual census to provide the real picture of the drug situation in the country,” he added.
He further said that his agency is coordinating with the Philippine Statistics Authority (PSA). “The DDB and the PSA have started the talks for the conduct of this activity.”
Section 7 of Executive Order (EO) No. 66, which Mr. Duterte signed in October last year, mandates the conduct of a nationwide survey to determine drug abuse prevalence in the country.
The President’s Order also directed the PSA to provide full technical assistance to the DDB.
All government offices, departments, bureaus, agencies and offices, including government-owned or -controlled corporations and state universities and colleges, were also directed, according to the EO, to implement the Philippine Anti-Illegal Drugs Strategy (PADS), which the DDB formulated to address the drug problem in the country.
The DDB’s PADS “outlines the balanced efforts of the government to strengthen its campaign against prohibited drugs and their precursors, and contribute to international efforts to counter the worldwide illegal drug problem.”
The agencies mentioned, including Local Government Units (LGUs), were further directed to “formulate and adopt their respective Drug-Free Workplace Programs, and conduct authorized drug testing among their respective officials and personnel….”

Palace: ‘We are not in the business of cyberattacks’

MALACAÑANG’S MEDIA security task force on Sunday denied that President Rodrigo R. Duterte’s administration had a hand in the series of cyberattacks against alternative media outfits, including Alipato Media Center Inc. (Bulatlat.com), Altermidya-People’s Alternative Media Network Inc., Kodao Productions Inc., and Pinoy Media Center Inc.
“I’m telling you as a matter of fact, we are not in the business of doing cyberattacks. Should I swear before my dead saints’ graves?” Presidential Task Force on Media Security Executive Director and Undersecretary Joel Sy Egco said in a phone message to BusinessWorld.
Alipato Media Center Inc. (Bulatlat), Altermidya-People’s Alternative Media Network Inc., Kodao Productions Inc., and Pinoy Media Center Inc. filed a complaint for damages against IP Converge Data Services, Inc., and Suniway Group of Companies last Friday, March 29, at the Quezon City Regional Trial Court. The media groups were assisted by the National Union of People’s Lawyers (NUPL).
In a statement, the NUPL said the two domestic corporations “were identified by experts as the source of the unrelenting cyber attacks against the websites of the plaintiffs. The well-funded and orchestrated attacks, “in the form of Distributed Denial of Service” (DDoS), have been inflicted upon the plaintiffs for months amidst a climate of intensifying state-sponsored media repression.
For her part, Altermidya People’s Media Network National Coordinator Rhea Padilla said the attacks were state-sponsored.
“We believe these attacks are state-sponsored and are part of the Duterte administration’s attempt to stifle press freedom in the country. It seems cyber censorship is one of the administration’s tactics to make way for an open dictatorial rule,” she said in a statement.
Sought for comment, Mr. Egco said: “If their allegations are based on ‘belief,’ then it’s baseless.”
“How I wish they could report on the atrocities against civilians and civilian properties committed by the NPA (New People’s Army). There lies the disconnect,” he added.
Denying the government’s involvement in the attacks, he said: “My mandate is clear: to protect media workers and their families.”
Mr. Egco did not answer when asked if these media outfits were part of the list of organizations identified by the government as communist fronts.
The media groups said their websites have been subjected to “sustained” cyberattacks since December last year.
Ms. Padilla said this kind of attack “denies legitimate readers of access to truthful reports.”
“Launching a cyberattack with this kind of magnitude and immensity is impossible without the knowledge of the companies. At the very least, they should be held responsible for gross inexcusable negligence. The attacks are continuing despite the fact that it has been reported in the media,” she also said. — Arjay L. Balinbin

CoA orders 14-year old NLPCSI to make concrete operations plan

THE COMMISSION on Audit (CoA), in its 2018 report, asked the Northeastern Luzon Pacific Coastal Service, Inc. (NLPCSI) to create a concrete plan for its operations, which has not commenced 14 years since its inception. The NLPCSI was established in Jan. 2004 as part of the “Strong Republic Nautical Highway” flagship program of then President Gloria Macapagal-Arroyo. It was jointly organized by the Cagayan Economic Zone Authority (CEZA) and the provinces of Cagayan, Isabela, and Aurora to develop and operate seaports and maritime business in the area. “After 14 years from its creation, NLPCSI has not yet started its principal business of providing and rendering general services incidental to or necessarily connected with the operation and management of coastal service facility in the Pacific Coast,” CoA said. The delay in the NLPCSI operation stemmed from the failure of Stoneworks Specialist International Corporation (SSIC) to deliver two units of coastal service facility vessel, as provided in a Vessel Purchase Agreement signed in Sept. 2009. — Charmaine A. Tadalan

Application for retiring Del Castillo’s post now open

THE JUDICIAL and Bar Council (JBC) has opened for application and recommendation the Supreme Court position to be vacated by Associate Justice Mariano C. Del Castillo, who is retiring on July 29 when he turns 70. Deadline for the applications is on May 14, 2019 at 4:30 p.m. “A recommendation or nomination filed in lieu of an application may be given due course only if the recommendee has signified his or her acceptance thereof either in the recommendation itself or in a separate document, and has submitted two complete sets of the documentary requirements,” the JBC said in its announcement. Mr. Del Castillo is among the senior associate justices in the SC, having been appointed in 2009 by former president and now House of Representatives Speaker Gloria Macapagal-Arroyo. Prior to joining the judiciary, Mr. Del Castillo practiced law in banking and worked with the Araneta Group of Companies. From 1989, he served in various municipal and regional courts, then appointed to the Court of Appeals in Aug. 2001. Mr. Del Castillo obtained his Bachelor of Arts degree in Political Science from San Beda College in 1971 and earned his Law degree from the Ateneo de Manila University in 1976. — Vann Marlo M. Villegas

Pangasinan’s month-long summer festivities start April 5

IT’S A non-working holiday in Pangasinan on Friday, April 5, as the province celebrates its 439th foundation day and the start of the month-long festivities leading up to Pista’s Dayat (Festival of the Sea) on May 1. One of the main activities on opening day is the launch of the Pangasinan Tourism and Trade Expo beside the Capitol Resort Hotel in Lingayen. The fair, which will run until May 3, will feature the province’s local products, food, arts and crafts, and tourism destinations.

PECO to seek reconsideration of CA’s TRO order

PANAY ELECTRIC Company, Inc. (PECO) is preparing to file a motion for reconsideration on the Court of Appeals’ (CA) temporary restraining order (TRO) against the implementation of a Mandaluyong court order that stops MORE Electric and Power Corp. (MORE) from taking over PECO’s assets. In a statement released late Friday, PECO said, “It is unfortunate that the Court of Appeals issued a TRO restraining the RTC of Mandaluyong City in Civil Case No. R-MND-19-00571-SC from enforcing its order enjoining MORE Power from impairing PECO’s rights.” PECO also said that the CA order would not mean that MORE Power can immediately proceed to expropriate the distribution assets of PECO. “At present, there is a Motion to Suspend Proceedings pending before the RTC (regional trial court) of Iloilo City wherein we argued that the threshold issue of the constitutionality of MORE’s legislative franchise has to be resolved first as a prejudicial question by the RTC of Mandaluyong City prior to any act of expropriation on the part of MORE.” PECO, whose franchise ended in January and failed to get a renewal from Congress, said it is ready to “continue to exercise and pursue all other legal remedies to defend our rights and protect the interest of the people of Iloilo against the unwarranted attempt of MORE to confiscate and take over our assets without due process in the guise of an unlawful expropriation procedure.” — Emme Rose Santiagudo
See related story on https://goo.gl/S7ZEix

Toledo Power Company gets P46.8M in tax refund appeal

THE COURT of Tax Appeals (CTA) ordered the Bureau of Internal Revenue (BIR) to refund the excess input value-added tax (VAT) of Toledo Power Company (TPC) for 2010 in the amount of P46.87 million. In a resolution promulgated on March 15, the CTA special second division amended its decision and partially granted the motion for partial reconsideration of TPC as the company was able to prove the excess input VAT attributable to zero-rated sales of P46.87 million. The CTA in June 2017 allowed the refund of only P3.6 million from TPC’s claim of P63.3 million. “Wherefore, premises considered, the instant Petitions for Review are partially granted. Accordingly, respondent is ordered to refund to petitioner the amount of P46,872,156.51, representing the latter’s excess input VAT for the first to fourth quarters of CY 2010 attributable to its zero-rated sales/receipts,” the CTA ruled. The decision was written by Associate Justice Juanito C. Castañeda and concurred in by Associate Justice Catherine T. Manahan. TPC, a unit of Global Business Power Corp., owns and operates two power plants in Toledo City, Cebu. — Vann Marlo M. Villegas

DAR offers to mediate after cease order vs Ayala Land-SIDECO venture in Sicogon Island

THE DEPARTMENT of Agrarian Reform (DAR) has offered to mediate between the Federation of Sicogon Island Farmers and Fisherfolk Association (FESIFFA) and the joint venture of Sicogon Development Corp. (SIDECO) and Ayala Land Inc. (ALI) over alleged breaches of contract on the development of Sicogon Island. “The dialogue will most likely solve the problem especially if both parties are willing to enter into an agreement that will satisfy both parties in their issues and concern. It is much better that they sit down and talk about it, that’s the best way to resolve the problem,” Agrarian Reform Secretary John R. Castriciones said during a press conference in Iloilo last week. Earlier in March, Mr. Castriciones issued a cease and desist order (CDO) against SIDECO and ALI after FESIFFA filed a petition for the revocation of the DAR Conversion Order 334.64 hectares of the island.
COMPLIANCE
Ryan L. Ybañez, general manager of the ALI-led Sicogon Island Tourism Estate Corp. (SITEC), said they have already temporarily stopped the operations of two existing resorts and postponed the opening of a third. “Rallies are being held. We are allowing them to rally. We stopped because the safety of our guest is paramount. So we are observing what is going to happen, but so far it will remain closed until we have absolute certainty that our guests would be safe,” he said at the press conference. Mr. Ybañez said they are hopeful and very much open to comply with the demands of the other parties. “On the livelihood assistance, we deposited P6 million of the P38 million. We cannot deposit because they won’t accept. But, if they want it tomorrow, we can deposit it tomorrow. It’s really more of the willingness, we’re sticking to compliance and we will establish it as hard as we can. We are exploring more and we are open to give more. We want to know what the demands are,” he said. FESIFFA did not send a representatives during the press conference and supposed dialogue session. — Emme Rose S. Santiagudo

Rep. Dimaporo cleared of graft case on P5M farm program

THE SANDIGANBAYAN Second Division dismissed the graft and malversation cases against Lanao del Norte-2nd district Rep. Abdullah D. Dimaporo in connection with the P5-million funding for the Farm Input/Farm Implement Program (FIFIP) in Lanao del Norte. The anti-graft court ruled that the prosecution failed to prove Mr. Dimaporo’s guilt beyond reasonable doubt. Mr. Dimaporo and five other local officials were alleged to have malversed the P5-million allocation for the Lanao Foundation, Inc. (LFI), a non-government organization tasked to implement the FIFIP. “There was no proof presented that accused Dimaporo chose LFI to implement the FIFIP despite knowing that it was not allegedly capable to do so,” the court said in the resolution. It also noted that there were no evidence or witnesses presented to prove the documents had been falsified. In the same 25-page resolution, the court also “lifted and set aside” the hold departure order against Mr. Dimaporo and his co-accused, and “released” the bail bond posted. — Charmaine A. Tadalan

Cotabato urges municipal governments to help boost tourism development

COTABATO GOVERNOR Emmylou Talino-Mendoza called on town officials to take steps in developing their respective tourism destinations, citing the success of other localities in bolstering the province’s competitiveness through increased visitor arrivals. Last year, the province was awarded by the Department of Tourism-Region 12 as the most improved local government unit in terms of tourist arrivals. One example she cited was the zipline in New Israel, Makilala, which was developed through the Department of Energy while the provincial government provided P132 million for the construction of the 4.8-kilometer road from the national highway to the site. “So far economic activities have been active in New Israel. Residents were able to install photo booths for tourists, three carinderia stalls (eateries) and 31 sari-sari stores. Because of the zipline, employment was also made available to 60 local tour guides, six security guards and 15 zipline staff,” Ms. Mendoza said during her State of the Province Address last week. Other sites that have been developed include the Pisan Caves in Kabacan, Lilongan Cave and Eco-tourism Park in Carmen, Kirungdong Eco-tourism Park in Magpet, and the Matigol Falls in Arakan, among others. Ms. Mendoza said the provincial government has allocated P92.5 million for various tourism projects from 2012 to 2018 and is ready to assist other municipalities in developing potential sites in their areas. — Maya M. Padillo

Officials: Filipino IS fighters may return home but must ‘pay the price’

By Vince Angelo C. Ferreras
Reporter
FILIPINO terror fighters in Syria should be given the opportunity to return home but must “pay the price” of their involvement, officials and an analyst said.
Following the recent attacks by American-backed forces on the jihadist group Islamic State (IS), the Department of National Defense said it is expecting the return of some IS fighters to their respective countries.
“If they are Filipino citizens, my view is they pretty much be allowed to come back because this is their country. That being said, if the law permits, there ought to be some type of penalty when you travel to another. Well, if you were a supporter of an ideology, this is not about your mental support of an ideology, we have the freedom of speech, we have the freedom of action, there are certain freedoms that…are guaranteed by the Constitution and the government should uphold those freedoms,” said security analyst and former Federal Bureau of Investigation officer Stephen P. Cutler in a conversation with reporters on Thursday, March 28.
He added, “That being said, as a foundation on my comments, that doesn’t provide untethered, unrestricted action and if you are, if there is credible evidence that you have participated in terrorism financing, support for terrorism, you made bombs, you actually supported in some material way, killings and bombings and extortion, you have to pay the price.”
For his part, Interior Secretary Eduardo M. Año said Filipino IS fighters can come back home: “They are Filipinos and they can come back. But we’ll have to investigate their involvement and look for appropriate charges that may be filed against them pending the result of investigation.”
Meanwhile, Armed Forces of the Philippines spokesperson Brigadier-General Edgard A. Arevalo said: “Security wise, those who have been identified and have cases filed will be arrested upon their return to the country.”
Last week, presidential adviser on terrorism Benjamin Defensor said returning fighters from Syria could face charges if proven that they have committed acts of terrorism abroad.
“If they are Filipinos, you’d want to know what they have done or what is the offense and then if they created something out of their own volition to join, say a criminal activity, at their own lookout, they have to answer for their actions because there are conventions by the UN [United Nations] on terrorism,” Mr. Defensor told reporters at a forum in Makati City.
For his part, Mr. Cutler agreed that those who committed and supported terrorism should be prosecuted: “If it is illegal, then they need to be prosecuted for that and if they are found guilty in an open trial, this is where the police, the NBI [National Bureau of Investigation], and the DOJ [Department of Justice] need to be much more aggressive in protecting people’s rights and prosecuting them if they have committed illegal acts.”
Mr. Año said, “Yes, I agree with him (Mr. Defensor). Joining ISIS in Syria is the same as joining the ISIS-Maute-ASG [Abu Sayyaf Group] here.”
However, Justice Secretary Menardo I. Guevarra said charges cannot be filed against returning rebels as the crimes they committed were done abroad.
“Acts of rebellion and/or terrorism become punishable only when overt acts or elements of the offense are committed in the Philippine territory,” said Mr. Guevarra in a phone message on Saturday, March 30.
Mr. Cutler suggested that there should be a law that would forfeit a terror fighter’s citizenship.
“There’s need to be a debate in Congress about ‘Let’s make a law that if you leave the Philippines and you participate in armed combat action in another country, you have forfeited Philippine citizenship.’ And Congress needs to step up and say ‘This is what we want as national policy.’ This is something the Philippines ought to address,” he said.
Right now, the Human Security Act of 2007, which addresses issues of terrorism in the country, only discusses conflict management, addressing the roots of conflict, and the arrest and detention of suspects.
“Suspected terrorists are jailed in SICA [Special Intensive Care Area] 1 in Bicutan. Orientation and counselling are regularly conducted to mainstream the inmates and introduce deradicalization programs,” Mr. Año said.

Report on charter change to be tackled in forum

By Arjay L. Balinbin
Reporter
POLICY experts and Congress officials are set to launch at a forum on Friday, April 5, their policy report on prospects and proposals for charter change and federalism.
The report is a product of a series of learning sessions on constitutional change and federalism held last year, from May to September, by the International Institute for Democracy and Electoral Assistance (IDEA) and the Institute for Autonomy and Governance (IAG), in partnership with the Congressional Policy and Budget Research Department (CPBRD) and the Senate Economic Planning Office (SEPO), according to a briefer by Michael Henry Ll. Yusingco of the Ateneo Policy Center and the IAG.
Ram Toledo, Communications Manager of the IAG, e-mailed a copy of the briefer to BusinessWorld last Friday, March 29.
The forum will tackle several issues from the said learning sessions regarding constitutional change and federalism in terms of governance and human rights, fiscal arrangements, and transitional processes and mechanisms, among others.
In a phone message, Mr. Toledo said the forum aims to provide analyses of “the state of the federalism agenda” of President Rodrigo R. Duterte’s administration and the “current proposals.”
Officials who are expected to attend the event are CPBRD Director-General Romulo E. M. Miral, Jr., SEPO Director-General Ronald R. Golding, and Undersecretary Jonathan E. Malaya of the Department of Interior and Local Government and the Inter-Agency Task Force on Federalism.
On governance and human rights, Mr. Yusingco said the first panel will discuss the notion of the ruling elite and how their interests might be affected by constitutional change; the failure of the 1987 Constitution to break the overconcentration of power in the presidency; whether there are smaller and more predictable reform solutions that could resolve the problems that have been identified; inter-governmental relations (IGR) which is the lifeblood of a federal system; and implications of charter change and federalism on the Filipino people, particularly on their civil and political rights.
As for the fiscal arrangements, which will be tackled by another panel, among the issues to be tackled are whether regions still have a share in the national taxes or if they will simply get block grants; the necessity of fiscal equalization mechanism under a federal set-up; whether constitutional change will address the right issues, especially infrastructure and inefficient bureaucracy; whether federalism will make Filipinos take advantage of what they have; and whether it will distribute economic growth across regions.
The transitional processes and mechanisms will be tackled by the third panel. The discussion will focus on how the transition process will be managed.
Other questions that could be discussed during the forum are: “What should the scope of constitutional change be? What substantive changes might be required to the constitution? How should the process be structured and designed to balance elite inputs and public participation? Should Congress be convened as a Constituent Assembly? How can any reform process ever be truly robust and inclusive when there is a glaring disconnect between majority of Filipinos and the national charter?”