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Who's who: Candidates vying for SC justice post

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SEARCH FOR NEXT SC JUSTICE. The JBC has released the shortlist of nominees for the post of SC Associate Justice Jose Perez. Photo by Mark Z. Saludes/Rappler

MANILA, Philippines – Five nominees are vying for the position of Supreme Court Associate Justice Jose Portugal Perez, who is set to retire on December 14.

The Judicial and Bar Council (JBC), the body mandated to screen and vet applicants to the judiciary, came out with its short list of nominees on Friday, December 2.

This will be submitted to President Rodrigo Duterte, who will select his first SC appointee from the shortlist. (EXPLAINER: How the Judicial and Bar Council works)

Two of the 5 candidates on the short list were interviewed during the 2-day public interviews held last month. The 3 other candidates had been previously interviewed for the position.

Those on the JBC shortlist are:

  • Jose C. Reyes Jr 
  • Apolinario D. Bruselas Jr 
  • Japar B. Dimaampao 
  • Samuel R. Martires 
  • Andres B. Reyes Jr 

Know more about the candidates vying for the position.

JOSE C. REYES JR

Born September 18, 1950 (age 66)

7 votes from the JBC

  • Court of Appeals (CA) Associate Justice
  • If appointed, he will have 4 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from San Beda College
  • Appointed to the CA in 2003
  • Before CA, he worked as a Metropolitan Trial Court judge in Pasig and Regional Trial Court judge in Rizal
  • Was a candidate in 2012 to replace then-SC Associate Justice Maria Lourdes Sereno, and in 2014 to replace outgoing Supreme Court Associate Justice Roberto Abad
  • Accused by Senator Antonio Trillanes IV of accepting a bribe just to stop the suspension of former Makati City mayor Jejomar Erwin Binay Jr

 

APOLINARIO D. BRUSELAS JR

Born May 6, 1956 (age 60)

5 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, he will have 10 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from the University of the Philippines
  • Prior to his appointment to the CA in 2005, he used to work at the Armed Forces of the Philippines and the Quezon City regional trial court
  • He was nominated in 2013 as candidate for the Sandiganbayan presiding justice vacancy, but lost to Amparo Cabotaje-Tang

 

JAPAR DIMAAMPAO

Born December 27, 1963 (age 52)

5 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, he will have 18 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from University of the East College of Law
  • Law professor specializing in commercial law and taxation
  • During the JBC interviews, he vowed to enrich jurisprudence on sharia laws

SAMUEL MARTIRES

Born January 2, 1949 (age 67)

5 votes from the JBC

  • Sandiganbayan Associate Justice
  • If appointed, he will have 3 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from San Beda College
  • Was presiding judge of the Agoo Regional Trial Court Branch 32
  • In the Sandiganbayan, he penned the resolution approving the controversial plea bargain deal that allowed former military comptroller Carlos Garcia to petition for the lesser charge of direct bribery and money laundering, instead of plunder

ANDRES B. REYES JR

Born May 11, 1950 (age 66)

4 votes from the JBC

  • Court of Appeals presiding justice
  • If appointed, he will have 4 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from the Ateneo de Manila University
  • Also holds a Master of Public Administration degree from the Philippine Women's University
  • After law school, he worked at the Office of the Ombudsman
  • Appointed judge of Metropolitan Trial Court in Makati in 1987, and judge of Metropolitan Trial Court in San Mateo, Rizal in 1990
  • Appointed as CA associate justice in 1999, and promoted to presiding justice in 2010
  • Nominated in 2014 to replace outgoing Supreme Court Associate Justice Roberto Abad
  • Grandson of former SC justice Alex Reyes, and son of former CA presiding justice Andres Reyes Sr

Over the next 3 years, Duterte will appoint 10 SC magistrates to replace retiring justices.

If Martires, Jose Reyes Jr, or Andres Reyes Jr are appointed to the SC, the President would be able to make additional appointments within his 6-year-term since the 3 nominees have 3 or 4 years before they reach the retirement age.

Over the past two years, the High Court has decided on major cases involving notable politicians – such as Grace Poe's citizenship, the bail plea of Senator Juan Ponce Enrile, former president Gloria Arroyo's plunder case, and more recently, the planned burial of the late dictator Ferdinand Marcos at the heroes' cemetery. (READ: How did SC justices vote on major political cases?) – with earlier reports from Rey Santos Jr/Rappler.com


Duterte describes his tiring days as president

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TIRING LIFE. President Rodrigo Duterte listens to queries from members of the media during a dinner at Malacañang Park on November 15, 2016. Photo by Albert Alcain/Presidential Photos

If President Rodrigo Duterte can be believed, the presidency is so tiring he's raring to resign once a federal system of government is established.

He described how exhausting his days are as president during his speech on Thursday, December 1, at the 3rd Autonomous Region in Muslim Mindanao Local Government Summit in Davao City.

First, he likened his experience as president to his experiences as a long-term mayor and one-time congressman.

"It does not really seem different from what I’m doing now. Opisina lang o balay, opisina (I'm either in the office or the house, then office.) Same, I study at night. But that’s about it. The suweldo (salary), I cannot compare," he said.

One activity that tires him out is reading piles and piles of folders from various government agencies at night, after a long day's work.

"Sa pagod mo, pagdating mo, lahat ng department diyan sila may folder. Defense, Foreign Affairs, galing kay Dabs. Basahin ko 'yan gabi-gabi. Ako maglagay, 'OK', 'Disapprove'," he shared.

(You're tired and when you get there, all the departments have a folder – Defense, Foreign Affairs, from Dabs. I read them every night. I put, 'OK,' 'Disapprove.')

The 71-year-old president, the oldest president the Philippines has ever had, says he has no choice but to go through all those files because he needs to decide on them.

They keep him awake until early next morning, he claims.

"Anong oras ako matulog? Alas-tres, alas-kuwatro, alas-singko, minsan alas-sais (What time do I sleep? Three, 4, 5, sometimes 6 am)," said Duterte.

His long nights mean he usually wakes up at 12 noon. This is apparently why most of his official activities begin after lunch. 

"Tapos magising ako nang alas-dose. Gisingin ako ng security kasi opisina na (Then I wake up at 12 noon. The security will wake me to go to the office). Or that I have to fly somewhere else," he related.

In the early days of his presidency, Duterte admitted feeling "lonely" in his residence, Bahay Pangarap, and being besieged with work.

'I will resign'

During his Thursday speech, he repeated his intention to step down from the presidency once the Philippines transitions into a federal government.

He even urged House Speaker Pantaleon "Bebot" Alvarez to hurry up the process in Congress.

"Sabi ko sa kanila, ‘Bot, dalian ninyo ‘yan.’ Sabi ko, ‘Matapos kayo ng dalawa, tatlong taon, I will step down as president.’ You can have my word. Itaya ninyo ‘yan," he said.

(I told them, 'Bot, hurry up.' I said, 'If you finish the process in 2, 3 years, I will step down as president.' You can have my work. Bet on that.)

In the same speech, he blasted some Filipinos, specifically Manileños, for thinking he will declare martial law. He claims the opposite: rather than wishing to extend his years in office, he wants to step down as soon as he can. (READ: Duterte: 'Martial Law didn't improve our lives')

"‘Pag nagkaroon ng parliament at mag-election ng presidente (If a parliament is established and there will be presidential elections), I will willingly step down. I will resign. I will not hang on to power. I do not need it," he said to applause.

Will Duterte finish his 6-year term as president? Will a federal set-up be established soon enough for him to step down? What's your bet? – Rappler.com

CHR in 2016: 'We are not enemies of the fight against drugs'

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MANILA, Philippines – Try to listen to one of President Rodrigo Duterte's speeches in 2016 and you will immediately get the impression that the concept of human rights does not quite sit well with him. 

Just last Monday, November 28, he blasted human rights defenders and threatened to include them among those who would die if drug users multiply. 

Sabi ng human rights,pinapatay ko raw, kaya sabi ko, 'Sige maghinto tayo’t paramihin natin para panahon ng harvest time mas madami na tuloy mamamatay,'” Duterte said during the inauguration of a power plant. “Isali ko na kayo kasi kayo ang nagpalaki eh." 

(Human rights defenders said I ordered the killings so I told them, "Okay, let’s stop and let [drug users] multiply so when it’s harvest time, there will be more deaths." I will include you because you let them multiply.) 

This is not the first time Duterte publicly threatened those who called the current administration out for the alleged human rights violations in the context of the war on drugs.

Organizations that are on Duterte’s negative list include the United Nations (UN) and its various agencies, the International Criminal Court (ICC), as well as countries belonging to the European Union (EU), plus the United States (US). 

The foul-mouthed president had threatened to withdraw from the UN and the ICC. He called American and EU leaders names after they released statements on the administration’s intensified war on drugs. 

CHR

In the Philippines, bearing the brunt of Duterte’s rage is the Commission on Human Rights (CHR). 

Their “relationship,” however, goes a long way back – way before Duterte called Commissioner Chito Gascon an “idiot”, accusing the agency of “nitpicking” after it concluded that he violated the Magna Carta of Women with his rape remark about an Australian victim of a hostage-taking incident in 1989.

CHR, under the leadership of then commissioner Leila de Lima in 2009, investigated the alleged existence of the Davao Death Squad (DDS) which was reportedly behind 206 deaths from 2005 to 2009. (READ: Davao Death Squad: What ever happened to the investigations?) 

In 2012, the CHR issued a resolution saying that it found “probable cause” and recommended that the Office of the Ombudsman investigate the “possible administrative and criminal liability” of Duterte in relation to the numerous killings under his watch as Davao City mayor. 

According to a letter sent to CHR by the Office of the Ombudsman in January 2016, a disposition approved by the Overall Deputy Ombudsman Melchor Arthur H. Carandang showed that "no evidence was gathered to support the killings attributed or attributable to the DDS” therefore the investigation was “closed and terminated.”

‘Unprecedented’ killings in 2016

CHR, the independent body created by the 1987 Philippine Constitution to ensure the protection of human rights guaranteed by the Bill of Rights, is now facing a problem of “unprecedented” proportions under the new administration.

While Gascon said that summary killings are not unique to the Duterte presidency, the current magnitude is something that the CHR has not experienced since its creation post-Martial Law.

As of Thursday, December 1, data from the Philippine National Police (PNP) showed that 5,845 alleged drug personalities have been killed since July 1. Out of this number, 2,004 were killed in police operations while 3,841 were victims of extrajudicial or vigilante-style killings. (IN NUMBERS: The Philippines' 'war on drugs’) 

According to Commissioner Gwendolyn Pimentel Gana, chair of the task force on extrajudicial killings which was established amid the rising number of deaths, as of November 2016, CHR is currently investigating a total of 346 cases of drug-related deaths. 

While a handful of these investigations were started due to complaints by victims’ families, majority were initiated by CHR itself. Unfortunately, due to limited resources, the Commission cannot investigate all killings under Duterte’s war on drugs.

The investigations are also mostly focused on deaths in the hands of policemen. While the Commission also looks at vigilante-style killings, Gana told Rappler that they should be addressed and investigated by law enforcers first.

Since unknown assassins ang mgavigilante-style killings, those are plain and simple murder with impunity so dapat ang unang maga-address diyan ay mga police,” she explained. (Since vigilante-style killings involve unknown assassins, those are plain and simple murder with impunity so the police should be the first to address them.)

Data from the PNP shows that, as of November 23, 2,646 cases of vigilante-style killings are currently under investigation, while 724 cases have been concluded, with 460 arrested suspects and 264 suspects at large. 

PNP should ‘cooperate more’ 

In lieu of doing its own investigations, CHR is constantly monitoring if the PNP, specifically its Internal Affairs Service (IAS), is doing its job of investigating these deaths – whether killed during police operations or killed vigilante-style.

We are monitoring PNPkung ano ba ang ginagawa nila sa kanilang sariling imbestigasyon doon sa mga kasong ito,” Gana said. “Kasi iyon naman ang mandate namin din, ang tingnan kung ginagawa ba ng mga government agencies ang kanilang dapat gawin.” 

(We are monitoring what PNP-IAS is doing with its investigations of these cases. That’s our mandate, to see if government agencies are doing what they're supposed to be doing.)

Gana, however, admitted that they find it difficult dealing with the PNP, saying that “more can be done and expected from them in terms of response.”

“We wish they would cooperate more in the sense that they would be prompt in answering our queries,” she explained. “Ilang letters na ang naipadala namin sa PNP regarding sa hinihingi naming records ng kanilang imbestigasyon. Sumagot sila after the 3rd letter pero ang binigay lang naman ay ang statistics na binibigay din nila sa public. Hindi naman iyon ang aming gusto kasi ang kailangan namin ay anong status ng each case na iniimbestigahan ninyo.

(We have sent numerous letters asking for the records of their investigations. They answered only after our third letter but the information they gave were statistics that they also provide to the public. That’s not what we want because we need is the status of each case they are investigating.)

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Although there is a “presumption of regularity” on how anti-illegal drugs operations and investigations are carried out, the PNP should also be transparent to the public and other government agencies, specifically to the CHR.

Kapag ganyan na feeling mo na wala man lang news or updates sa kanilang imbestigasyon, magkakaroon ka ng impression na there is inaction on their part,” Gana emphasized. (When you feel that there is no news or updates on their investigation, you'll be left with the impression that there is inaction on their part.)

“The PNP can and should be held accountable in these cases if they remain unsolved since its primary mandate is to look for the criminals and put them in jail.”

Obtaining data from the PNP is not a unique problem to the CHR.

Rappler also tried to obtain from the PNP in late October 2016 details related to the casualties of the drug war. The request was, however, rejected because we were told "it may compromise ongoing investigations, operations, and other related activities related to Project Double Barrel."

Confidence and trust in Duterte’s war on drugs 

The state of human rights in the Philippines was shown in a bad light in 2016, but Gana said she hopes that 2017 will be milder and that the new year will bring less cases of drug-related killings.

Yet she also expects the PNP to be more aggressive in addressing extrajudicial cases. She wants it to be more cooperative and more transparent.

Aside from ensuring that law enforcers use a human rights-based approach in apprehending suspected drug personalities, Gana also said that the PNP can make use of body cameras or other ways of making sure that drug raids are recorded. 

But the PNP is only one aspect of the administation's anti-illegal drugs campaign.

Ultimately, if Duterte wants his drug war to succeed, he should get the help of not just the police, but also other organizations. However, the blood that has been shed in the numerous killings may in itself be a hindrance to people who wish to help. 

After all, results of a Social Weather Stations survey conducted in September 2016 show that Filipinos are "satisfied" with the drug war, but they want drug suspects to be arrested alive. 

Ang thinking ko namanof our president, sincerenaman talaga siya na laban sa ating problema na droga pero kailangan niya ng tulong kasi hindi naman niya kayang gawin mag-isa (My thinking is, our president is sincere in his fight against the problem of drugs but he can’t do it alone, he needs help),” Gana said.

“I think the only way to gain confidence and trust in all his war-on-drugs pronouncements is for him to tell the police you cannot just go about killing anybody that you think is guilty of this crime of drugs,” she added.

Policemen should understand that the justice system, firmly in place in our society, should be followed. Duterte, meanwhile, should be clearer with his statements in relation to the war on drugs. (READ: Shoot to kill? Duterte's statements on killing drug users)

Huwag naman magkaroon pa ng agam-agam ang mga pulis na mayinterpretationpa sila sa kanyang sinasabi,” Gana said. “Utusan niya ang PNP na gawin na nila ang mandato na imbestigahan nang husto, kahit pa iyong mga pulis na nadawit diyan sawar on drugs."

(I hope that police don't need to have doubts or have to second guess or interpret what he [Duterte] says. He should order the PNP to do its mandate, thoroughly investigate existing cases, even police who are implicated in the war on drugs.)

Gana also echoed the sentiments of Senator Panfilo Lacson during a Senate probe into the death of Albuera mayor Rolando Espinosa Sr that the PNP should focus equally on “addressing the cleansing operations of police officers.”

At tama nga siguro na lumabas sa hearing sa Senado na dapat siguro mag-internal investigation muna sila, mag-cleansingsila, sapagkat lumalabas ngayon na itong mga pagpatay while in custody ay ginagawa ng mga ibangpolice na sangkot sa droga,” she said. “Kaya tuloy nadadamay ang mga mabubuting pulis kasi itong mgabad eggsnagigingprominent ang mga casesnila kasi totoo naman na may ginagawa silang kasalanan.”

(What was said during the Senate hearing was probably right. The PNP should have done internal investigations and cleansing first because what’s happening now is that the killings done while in custody are the handiwork of other policemen involved in illegal drugs. That’s why good law enforcers are dragged into the issue because the cases of the bad eggs are becoming prominent, and it's because they're really behind wrongdoing.)

Philippine courts first

Given the pace of investigations, is there already a need for a foreign body to intervene?

For Gana, Philippine laws and courts should be allowed to do their jobs before the cases reach the ICC, for example.

“Personally, I am very protective of our sovereignty and I want to give our national government and national laws [the opportunity] to work first,” she said. “That’s why we are, as CHR, looking and calling the attention of all appropriate agencies to solve this problem first.”

The International Criminal Court (ICC), in October 2016, has said that it is “closely following” the Philippines’ war on drugs to see if the drug-related deaths may be considered “extrajudicial killings” that may warrant a preliminary examination. 

The Philippines is the 117th country to ratify the Rome Statute in 2011. Any country that is a signatory to the statute automatically places itself under the jurisdiction of the ICC. 

The ICC, however, can act only when the national courts “are unable or unwilling to exercise jurisdiction.” It will not displace or overwrite the role of national courts but only aims to complement it.

 

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On to 2017

Considering that Duterte previously said the government will not stop “until the last drug lord, the last financier, and the last pusher have surrendered or [been] put behind bars or below the ground," it is likely that the war on drugs will carry over to 2017. 

While firmly hoping that there will be less or no instances of deaths next year, CHR will still continue monitoring the situation. But Gana said the public should also be vigilant. 

We are always calling the attention of the law enforcement agencies na hindi kayo bara-bara na magbabaril diyan or manghuhuli ng kung sino man na walang basis,” she said. (We are always calling the attention of the law enforcement agencies that they shouldn't be haphazard or be shooting at random or be arresting just anyone without basis.)

“That’s why we are on our toes and we are also calling on the public, the civil society, and human rights advocates that they should also be vigilant.” 

Enlisting the help of the public, however, may pose as a challenge, considering that 2016 is not really a good year for CHR in terms of public perception. This is mainly due to the continuous tirades of Duterte against the Commission and other human rights defenders. 

'Not enemies of the fight against drugs' 

Aside from memes lambasting and humiliating those who dared challenge Duterte’s public statements, there is a mistaken notion among citizens that the Commission protects only criminals and not victims.

This is not the case, Gana insisted, as the public should realize that the concept of human rights is broad – human rights, after all, includes a person’s right to education and food, among others.

“I think we live in a democratic society [where] we take for granted our freedoms, because after Martial Law, we live in a society that's relatively free and we never really looked at other freedoms as part of our human rights,” she explained.

Marami 'ata ang hindi may hindi alam na anghuman rights pala ay napaka-broad at malaki angcoverage." (Many it seems do not know that human rights is very broad and has a wide scope or coverage.)

Despite the negativity directed at CHR, Gana assured the public that they’ll continue to see to it that human rights will be respected and not violated.

“We are doing everything we can to protect human rights," she emphasized. "We are not daunted by 2017."

“We're still going to be here doing the best we can, but what we just hope is that people will understand more what our mandate is, what the CHR is about," Gana said.

"We are not enemies of the fight against drugs, we are partners that would be very protective of the rights of every individual.” – Rappler.com 

All photos by Rob Reyes

A lethal mix? Death penalty and a 'flawed, corrupt' justice system

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LETHAL. Critics say a 'flawed and corrupt' justice system should be fixed first before even considering the revival of the death penalty.

MANILA, Philippines – With intensified calls to revive the death penalty, is the Philippines, particularly its criminal justice system, ready for it and its consequences?

No less than President Rodrigo Duterte is pushing for the reimposition of the death penalty, a law that was repealed by his newfound ally former president and now Pampanga Representative Gloria Arroyo in 2006. (READ: Duterte: Bring back death penalty so I can hang criminals)

Critics say certainty of punishment – not death penalty – is effective in preventing crimes, urging the government to focus first on reforming the justice system. But Duterte defended his stand, saying the punishment of death is more of retribution than deterrent.

"The other school of thought is, 'yang death penalty, hindi 'yan pantakot. Hindi 'yan to deter (the death penalty is not to instill fear, not to deter). Whether you like to commit a crime or not, that’s not my business. Death penalty to me is the retribution," said the President also known as "The Punisher."

Duterte, a believer in karma and eye-for-an-eye justice, said the death penalty is a way to exact payment from a perpetrator of a heinous crime.

"Magbayad ka sa ginawa mo sa buhay na ito (You pay for what you did in this life)," he said.

It is, however, not as easy and simple as it seems, with the kind of judicial system the country has. Before a court metes out a verdict of death, the case has to undergo several stages of the Philippine criminal justice system, which critics say, is widely known to be flawed and corrupt. (READ: Block return of death penalty in PH – Human Rights Watch)

Corruption, incompetence

As with many government agencies, the justice system is primarily plagued with issues of corruption – from paid law enforcers to paid prosecutors and justices, among others. This, in turn, only further spawns injustice, opponents of the bill said.

Albay Representative Edcel Lagman, one of the staunch critics of the revival of the policy, said the death penalty could not be mixed with the present “defective” justice system.

Isasalang mo death penalty sa (You will allow death penalty in a) flawed and defective justice system, many incompetent and corrupt prosecutors and judges, so talagang mahirap ang mangyayari nito (this will be really difficult). It will exacerbate injustice, spawn too much injustice because of flawed judicial and prosecutorial systems,” Lagman said in an interview on Friday, December 2.

Another problem is the supposed incompetence of court officers. Jose Manuel Diokno, dean of the De La Salle University Law School, said crime and corruption are rampant because the system is not delivering the justice that the people “need, deserve, and are clamoring for.”

The prosecution rate is only 20%. This means only 1 out of 5 cases prosecuted by the National Prosecution Service under the Department of Justice is elevated to the Office of the Ombudsman.

Not all those who are convicted serve their punishments, Diokno said: “Magugulat kayo, only less than 10% serve their time (penalty).” (You'll be surprised, only less than 10% serve their time.)

“The reason they are so rampant and that they are operating with impunity is because of shoddy police work, ineffective police investigation, and weak prosecution,” he added.

Human Rights Commissioner Karen Dumpit said training of police investigators should be intensified “so they can handle data in ways that will materially enhance evidence presented in prosecution.”

Dumpit said this has been a problem. What happens in many instances is that the police fail to gather evidence that could strengthen a case. If evidence is weak, the prosecutor would not have a strong case and might end up losing the legal battle against the violator. In short, there is no certainty of punishment.

Dumpit added prosecutors should be trained against any form of prosecutorial misconduct. Violators, she said, should be caught and held accountable.

Easier said than done, though, as this problem has long been inculcated in the justice system: “Political will is needed,” she said.

“The court is not infallible, not in any country. How can we advocate permanent taking of life when there are mistakes like these that cannot be rectified?” Dumpit said.

Another problem hounding the judiciary is the lack of budget and manpower, leading to the backlog of cases. There are even courts without judges – a problem that gives birth to further delays in justice.

Diokno said courts, “if lucky”, take at least 6 to 10 years to decide on criminal cases, while some take as long as 29 years. High-profile cases are no exception to this, such as the Maguindanao massacre, which has been ongoing for 7 years now. How much more for ordinary criminal cases? 

“Why is there such a terrible state? Because courts are plagued with vacancies. 20% of trial courts have no judges. 1 out of 5 salas has no one to decide. Even our prosecution service has a higher vacancy rate of 25%,” Diokno said.

Justice Secretary Vitaliano Aguirre on July 1 – his first day in office – said the DOJ is planning to hire at least 500 prosecutors nationwide, saying only 42% vacancies in the National Prosecution Service (NPS) have so far been filled up.

Lower courts issued wrong verdicts

While it is the lower courts’ role to issue verdicts, the Supreme Court automatically reviews cases wherein death, reclusion perpetua or imprisonment from 20 years and 1 day to 40 years, or life imprisonment, is imposed.

A new precedent, however, was set in 2004 when the SC allowed an intermediate appeal to the Court of Appeals to ensure the correctness of death penalty decisions.

This is because majority of the death verdicts by regional trial courts were either revoked or modified by the SC upon review. The High Court itself said this in its decision in People v Mateo in 2004.

In the said case, the SC said that for 11 years from 1993 to June 2004, 907 out of 1,493 cases were submitted to them for review. Of this number, the death penalty was affirmed in only 230 cases or 25.36%.

More than half (53.25%) or 483 death penalty cases were reduced to reclusion perpetua while 65 were acquitted. All in all, the SC revealed the judicial error of 71.77%. In short, it saved 651 out of 907 appellants from death.

Acknowledging this problem, the SC said all possible venues should be allowed to truly determine the guilt or innocence of an accused, especially if a person’s life or liberty is at stake. But the SC, just like the lower courts, also faces the problem of being overloaded with cases.

“If only to ensure utmost circumspection before the penalty of death, reclusion perpetua or life imprisonment is imposed, the Court now deems it wise and compelling to provide in these cases a review by the Court of Appeals before the case is elevated to the Supreme Court,” the SC said in People v Mateo.

“Where life and liberty are at stake, all possible avenues to determine his guilt or innocence must be accorded an accused, and no care in the evaluation of the facts can ever be overdone,” the SC added.

It remains unclear, however, how this 2004 decision would shape the present debates on the controversial measure. But the anti-death penalty groups are sure to bank on it, like Diokno.

“It’s a shocking reason. The court revealed for the first time that the staggering 71.77% of decisions handed down by Regional Trial Courts were wrong, which meant 7 in 10 on death row were wrongfully convicted,” Diokno said.

The SC, however, has also proven that it is not infallible. In the case of Leo Echegaray, the first convict to undergo lethal injection, then chief justice Artemio Panganiban said in a speech on May 30, 2006 that the High Court made a mistake when it affirmed the death sentence against him.

Panganiban argued that the sentence should have been downgraded to life imprisonment, noting that it was not proven in court that Echegaray was the biological father of the victim.

Another case was that of Marlon Parazo in 1999, a deaf, blind, mute, and retarded man accused of rape and attempted homicide. According to a PCIJ report, Parazo was meted the death sentence in 1995, and the lower court that tried his case did not ensure that he clearly understood the proceedings. His disabilities were also never mentioned in court, not even by his court-appointed lawyer.

His death sentence was affirmed by the SC in 1997. Taking over the case, the Free Legal Assistance Group or FLAG won and the SC reversed itself in 1999.

Death penalty anti-poor?

With the President himself vowed to reimpose the death penalty for his war against crime, some opponents of the measure warned that it would end up discriminating against the poor.

Lagman, in his counter speech to the 1st State of the Nation Address of Duterte, said only rich people could afford getting top lawyers to defend themselves.

“The death penalty is anti-poor because indigent and marginalized litigants could not afford the high cost of top caliber and influential lawyers to secure their acquittal," Lagman said.

Recalling the early 2000s, during the campaign for the abolition of the death penalty, Lagman said 73.1% of death row inmates then belonged to the lowest and lower income classes, while only 0.8% came from the upper socio-economic class.

Anti-poor talaga ito, halos mga nasa death row ay mga mahihirap at yung may kaya sa buhay nakakakuha ng mahusay na abogado, may impluwensya sa husgado. (This is really anti-poor. Almost all on death row are poor and those are rich can afford to get the best lawyers, and have influence on the courts). If indicted, they can seek and work for acquittal. If convicted, they can work for pardon. Kaya tinatamaan nito mga mahihirap (That's why those who are hit are the poor),” he said.

Diokno shared the same sentiment. Citing previous data from his organization FLAG, he said 73% of capital offenders then earned below P10,000 monthly, 81% had low-income jobs in the manufacturing, sales, and transport sectors, 74% were arrested without warrants and were not assisted by legal counsels during investigations.

“In my own personal view, death penalty is a myopic view, narrow-minded thinking. The President refuses to see two things: both extrajudicial killings and judicial killings are anti-poor,” Diokno said.

With all these issues and problems, critics said the country’s judicial system should be reformed first before even considering the reimposition of the death penalty.

Senator Leila de Lima, fiercest critic of Duterte and also a former secretary of justice, said certainty of punishment – not death – would deter crimes. This could only be achieved, she said, through reforms in the system.

“And there can only be certainty of punishment if we have a duly functioning and effective justice system, especially the 5 pillars of the criminal justice system —investigators, prosecutors, courts or judges, the correctional, and then the community,” said De Lima, who filed an alternative bill to the death penalty.

While the House of Representatives, filled with newfound allies of the President, is keen on approving the measure before the year ends, the same could not be easily said of the Senate, as the committee on justice and human rights has yet to start hearings on the issue. (READ: 'Have a deadly Christmas'? House subpanel OKs death penalty bill)

In the meantime, both pro- and anti-death penalty groups are making their case before the public, whose collective voice could ultimately shape politicians’ stand on the measure. – Rappler.com

No poor Filipino by 2040: Can Duterte gov't set the stage?

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MANILA, Philippines – Amid news headlines of the "war on drugs" or the President’s latest tirade, economic planners and sectoral experts are quietly working to achieve an equally news-worthy goal of the Duterte administration: eradicating poverty by 2040 and transforming the Philippines into a middle-class society.

Called Ambisyon Natin 2040, the government's long-term vision for development has been institutionalized by President Rodrigo Duterte through Executive Order 5. The “vision” was initiated during the Aquino administration, through the leadership of then National Economic and Development Authority (NEDA) Director-General Arsenio Balisacan. 

The development plan was adopted by the new administration after intense lobbying among Duterte’s economic team. Leading its pack of supporters is current NEDA Director-General Ernesto Pernia, who contributed to the crafting of the Ambisyon Natin 2040 as an expert on population.

"Credit ought to go to the previous administration for thinking about having this long-term vision plan," said Pernia in an interview with Rappler.

"We said that we should continue this, we should carry this through because it's a good idea.... There's already an EO saying that the subsequent plans, the current administration's medium-term Philippine Development Plan, and subsequent PDP should be anchored on this vision," he explained.

Ateneo School of Government dean Ronald Mendoza is a big fan of continuity and thinks the Duterte administration should be given a medal for deciding to continue Ambisyon Natin 2040.

Continuity, he said, is the "key formula" to improving anti-poverty efforts.

"We will never be an industrialized country if we don't continue some good policies because then we’ll constantly be reinventing the wheel," he told Rappler.

Duterte wants Ambisyon Natin 2040 to be the basis of the Philippine Development Plan 2017 to 2022, which should be ready by end of January, said Pernia.

Ambisyon Natin 2040: 'By 2040, the Philippines shall be a prosperous, predominantly middle class society where no one is poor; our peoples shall live long and healthy lives, be smart and innovative; and shall live in a high trust society.'

If the Aquino administration succeeded in turning the Philippines into Asia’s new tiger economy, can the Duterte administration harness this success to attain the long-elusive prize of inclusive economic growth?

The stage is being set for the Duterte administration to contribute to the country's overall development trajectory.


'Imminently doable'

Eradicating poverty by 2040, or within the lifetimes of many adults today, is "imminently doable," said Mendoza, an economist who helped formulate Ambisyon Natin 2040.

To be a middle-class society, the Philippines needs to keep up or surpass its 7.1% economic growth rate for 24 more years, said Mendoza.

Can all those who are poor today level up to middle class in 24 years? Mendoza says it's possible if the government were to produce 1.3 million to 1.5 million jobs every year for the next 20 years – more than double the number of jobs the Aquino administration was able to generate yearly (607,500 on average).

"The rule of thumb is 6-7% growth yearly for every decade doubles your GDP per capita," he told Rappler.

Based on his calculations, 10 years of 6-7% growth could make the Philippine economy equivalent to Thailand's. Another 10 years, we can compare ourselves to Malaysia. A 3rd decade of such growth brings us to the level of South Korea.

Such calculations are underpinned by actual experiences of countries like China, South Korea, and Taiwan. 

"China became China because of two decades of almost 10% growth," said Mendoza.

But for all Filipinos to support Ambisyon Natin 2040, economic growth must be that most cliché of cliché economic terms: inclusive.

The steady rise of economic growth during the Aquino administration did not stop hunger from worsening in the last quarter of 2015.

A woman in Ilocos region lives 12 years longer than a woman who lives in the Autonomous Region in Muslim Mindanao, proof that inequality is still pervasive in the Philippines.

Inclusive economic growth is the challenge facing the Duterte administration and the succeeding 3 administrations until the year 2040.

Duterte admin's hits and misses

To make this vision of 2040 happen, Pernia says the government's game plan is to implement the Zero-to-Ten Socio-Economic Agenda. It includes progressive tax reform, more investment in science and technology, and continuation of the Aquino administration's macroeconomic policies.

Five things must be done to make this vision of 2040 happen, according to Mendoza and Pernia. These are:

  • Ensuring affordable food for all Filipinos
  • Building infrastructure that connects us
  • Continued human capital investment
  • Doubling of job creation
  • Full implementation of the reproductive health law

Affordable food

FIGHTING HUNGER. A single can of sardines saves the day of a family in an urban poor community in Quezon City. Photo by Mark Saludes/Rappler

The Duterte administration should decide on how it wants to pursue food security. Does it stick with Aquino administration's goal of achieving 100% rice self-sufficiency?

Mendoza argues that continuing such a policy is "absurd" because, apart from spending billions on increasing rice productivity, it burdens consumers with expensive rice.

Agriculture Secretary Manny Piñol, however, is still determined to target 100% rice self-sufficiency.

Pernia said that Duterte's economic team is still trying to convince Piñol to tweak his goal. The country's chief economist believes that a certain level of importation is good for keeping rice prices affordable.

"We said, 'Why don't you just use the expression 'toward rice self-sufficiency' so it's just a target, an ambition, a vision rather than a necessity?" said Pernia.

Though Piñol is "hard-headed," Pernia said, "he listens, so we have to play golf with him so he will be convinced."

Piñoll initially asked for P62 billion for a rice self-sufficiency program. For Mendoza, an agricultural sector dependent on subsidies does not truly empower the farmer and only uses up government funds that could have gone to other programs. 

Even with such funding, the Philippines will never be able to compete with top rice-producing countries like Vietnam and Thailand, blessed with natural irrigation in the form of the Mekong River. Philippine rice will still be more expensive.

The more "pragmatic" approach, said Mendoza, would be to maintain a certain level of rice self-sufficiency, but import enough to ensure the price of rice is affordable for even the poorest Filipino.

Meanwhile, the government should still help Filipino farmers by giving them the tools and know-how to grow more lucrative crops. When farmers make more money from cash crops and have more purchasing power because of cheaper rice, they are more likely to escape poverty.

Cheaper rice due to importation has an immediate impact not only on farmers but on all rice-consuming Filipinos.

"It can pay off immediately. We're not talking about years here. Next year, there will be a big drop in hunger and poverty just by more affordable food and more affordable rice," said Mendoza.

More affordable food also means workers are able to buy more with their salary. This takes off the pressure from companies to pay higher and higher salaries, convincing them to stay longer in the country to generate more jobs and income which are good for the economy.

There is a long-term impact to this as well.

Making sure no Filipino is hungry will provide the robust workforce and generation of competent Filipinos who are the country’s best chance of leveling up its economy.

Infrastructure that connects us

METRO MANILA'S MRT3. The lack of quality transportation infrastructure holds back many cities and regions. Photo by Mark Saludes/Rappler

The Duterte administration is right to accelerate infrastructure spending. Infrastructure is one of the priorities in the proposed 2017 budget, having been allocated P860.7 billion ($18.49 billion), equivalent to 5.4% of GDP.

Pernia has said the government wants infrastructure spending to hit 7% of GDP by 2022.

Infrastructure should improve economic competitiveness, generate employment, and encourage business investments, he said.

More infrastructure will also contribute to more inclusive economic growth by connecting growth engines to the geographic peripheries that don't see much growth, said Mendoza.

Sixty percent of GDP is generated by only 3 regions in Luzon, showing how much the Visayas and Mindanao have been left behind.

Infrastructure can strengthen growth engines in the Visayas like Cebu, or Davao in Mindanao, so that Filipinos in those regions flock to those cities instead of to Metro Manila.

At the same time, infrastructure can connect those 3 high-growth regions in Luzon to the rest of the country, spreading growth more evenly.

Duterte's term is the right time to boost infrastructure spending, thanks to the credit rating upgrade the Aquino administration achieved.

In the past, said Mendoza, "We did not have the money to do it nor the credit upgrade to do it. Now we have it. So what are we waiting for?"

Continued human capital investment

COUNTRY'S FUTURE. The Department of Education aims to continue addressing the shortage of classrooms in the Philippines. Photo by Ben Nabong/Rappler

The Duterte administration is right to continue 4Ps and K to 12, said Mendoza.

In fact, Pernia said the government plans to expand 4Ps: "We are ramping up the budget so that more poor families can be covered."

The Aquino administration's conditional cash transfer program, 4Ps, is credited for bringing down the poverty rate from 25.2% in 2012 to 21.6% in 2015.

The Duterte government's target is to further reduce poverty rate to 14% by 2022.

Studies by the Ateneo School of Government show that 4Ps, in which the government gave poor families a stipend for education and health, convinced households to invest more of their own money into the education of their child.

Government support pushed families so near the threshold of being able to afford better education for their kids that they decided to add more of their own money in order to reach the threshold, said Mendoza.

Research has also found that some households have used the cash from 4Ps to put up small businesses.

That said, there is much room for improvement in implementing 4Ps, which has been bogged down by delays in distribution, owing to the sheer difficulty of bringing aid to households in remote areas.

K to 12, though the subject of much grumbling from parents burdened by paying for an extended education cycle, also contributes to Ambisyon Natin, said Mendoza.

Mendoza believes that the additional years and better quality education promised by K to 12 could help high school graduates land better jobs than the previous 10-year cycle could.

Continued support for healthcare programs, with help from sin tax, is yet another way the Duterte administration can protect the country's most valuable asset, human capital.

Doubled job creation

JOB GENERATION. Users try out a job matching site for persons with disabilities. Photo by Project Inclusion/Unilab Foundation

The Duterte administration is right in supporting micro, small, and medium enterprises (MSMEs), said Mendoza.

Strong MSMEs generate jobs and are an incubator for innovation. Nothing enlivens an economy more than homegrown products selling like hot cakes both in national and international markets. 

Duterte tapped an MSME advocate, Go Negosyo’s Ramon Lopez, to head the Department of Trade and Industry. He's been busy putting up "Negosyo Centers" all over the country (307 established as of September 22) to bring government support closer to would-be entrepreneurs in different provinces. 

The DTI is also trying to help give MSMEs better access to lending institutions so they have more capital to grow their businesses. 

Duterte's foreign visits also bode well for MSMEs. In China, credit facilities signed a deal to provide $9 billion in loans for Philippine businesses, development projects, and infrastructure projects. In Japan, there was an exchange of notes on the planned loan from the Japanese government for Philippine agribusinesses.

Mendoza thinks the Duterte administration can go even further by creating new financial instruments where Filipinos who want to grow their money (OFWs, for instance) can park their money and the instrument invests their money into promising MSMEs.

This would help the economy more than, say, Filipinos investing in cars to drive for Uber. The financial vehicles could channel the money into traditionally marginalized sectors like agriculture and fisheries, thereby creating more jobs and opportunities all around.

"If they crack that code and bring in the private sector and leverage the larger monies of the private sector, then our economy will be structurally more inclusive," said Mendoza.

Full implementation of RH law

POOR MOTHERS. Some mothers have difficulties getting gainful employment, while also fulfilling their family duties. Photo by Noel Celis/AFP

Uplifting Filipinos from poverty by 2040 will be impossible if rapid economic growth is not complemented by the full implementation of the RH law, said Pernia, an expert on population.

Without this, population growth "will continue unabated so it will be more difficult to achieve the poverty reduction target," he said.

When families aren't able to limit their number of children, their income is stretched thin, making it more difficult for them to reach middle-income status.

Pernia also believes implementation of the law will free up more women to join the labor force and help bring in more income for their families.

"Women who are frequently pregnant cannot undergo training or continue their education that will enable them to join the workforce. The labor force participation of women is very low precisley because of pregnancies," he said.

In Ambisyon Natin, the goal is for families to triple their income by 2040. So a family of 4 earning P40,000 a month today should be earning P120,000 by 2040 – an amount enough for them to afford not only basic necessities but also luxuries like the ability to travel for leisure.

Will the Duterte administration and the 3 succeeding administrations turn dreams into reality?

Mendoza is optimistic that the country is at least on the right track.

"We are so far away from that future at this point but we are building toward it block by block," he said.

Pernia gave assurances that the government will measure progress regularly using a set of metrics and indicators.

The upcoming PDP 2017-2022 will contribute with its emphasis on spreading economic growth to all parts of the country.

While the Aquino administration "did very well" in macroeconomic policies, the Duterte government will focus on spreading that growth.

"Our emphasis now is to shift the focus to the rural areas, to agriculture, because that is where the poverty has been chronic," said Pernia.

But the plan needs the help of all Filipinos, not just government.

"I hope it will not make peope complacent. We have to work on it. It's going to be hard homework for everybody," he said.

If everyone does his homework, the one-fifth of the population still impoverished have much to look forward to. – Rappler.com

DND chief wears Army's new uniform in Lanao del Sur

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COMBAT ZONE. Defense Secretary Delfin Lorenzana wears the Philippine Army's new battle dress attire. Rappler photo

When the advance party of President Rodrigo Duterte arrived in military choppers at the Army command post in Lanao del Sur on Wednesday, November 30, defense reporters present waited for a possible interview with Defense Secretary Delfin Lorenzana. 

Lorenzana was expected to stand out in his civilian clothes against the camouflage of generals that typically surround him. But, no, it was a different day.

Most of the journalists missed Lorenzana in the crowd of generals walking to the tactical command post, where the media could no longer proceed. Why? The defense chief was wearing full battle dress attire. 

Lorenzana decided to wear that day the new camouflage battle dress attire he was given by the Philippine Army. Only generals, so far, had been seen wearing the new combat wear. 

Military spokesperson Brigadier General Restituto Padilla said Lorenzana, as defense chief, is authorized to wear the uniform. "It is a new uniform. He wanted to test it before it is mass produced," said Padilla.

Lorenzana is also a retired officer of the Armed Forces of the Philippines (AFP), of course. A graduate of the Philippine Military Academy (PMA) Class of 1969, he headed the Army Special Command (Socom) responsible for the elite units of the Army before he became a defense attaché to the US. 

The reporters got their chance to chat with the secretary while he was waiting for his chopper going to Cagayan de Oro to join Duterte in visiting aides who were wounded in an ambush in Marawi City. 

Lorenzana, however, was not ready to say who's going to be the next chief of staff of the AFP, who will assume his post on Wednesday, December 7.

– Carmela Fonbuena/Rappler.com

New 'party' Kilusang Pagbabago formed to protect Duterte

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MANILA, Philippines (UPDATED) – President Rodrigo Duterte’s most trusted ally, Cabinet Secretary Leoncio "Jun" Evasco Jr, is going around the country to launch a nationwide mass movement – Kilusang Pagbabago (KP).

He seeks to establish a KP unit in each of the country’s barangays, envisioned to become a vehicle to bring government services down to the ground. But its bigger role, it appears, is to form a critical mass that will protect the president as he pursues radical reforms. 

The organization appears to be growing fast. In Cebu, KP drew a big crowd when it was launched in October. In Cavite, the Revilla political clan threw its support behind the group. On Facebook, various accounts of KP regional organizations are cropping up. In Mendiola recently, a group that introduced itself as KP sought to defend Duterte’s decision to give Philippine dictator Ferdinand Marcos a hero's burial. 

In his tours, Evasco riles up Duterte’s supporters, telling them about supposed destabilization plots against the President. He says they come from groups that will lose power when the government institutes reforms. 

He singles out the generals supposedly involved in the illegal drug trade, businessmen who resent the drive against contractualization, and businessmen with interests in the US.

The group also awaits the endorsement of Duterte himself, through an executive order creating the Office of Participatory Governance that will formally link government with KP’s members nationwide. 

Duterte’s endorsement is expected to boost KP’s recruitment.

“Said movement hopes to deepen and widen the change in our society and government, and to fight against the elements sabotaging this call for change. The movement desires a continuous change for the welfare of the Filipinos even after the term of President Duterte,” says a KP document laying down instructions to its leaders on how to organize in the barangays.

The guide was not independently verified by KP, but its contents echo interviews Rappler conducted with KP members and sources who are privy to Evasco’s plans. 

The KP document was sent to Rappler by two separate sources – one who supports KP and another source who is worried that KP is a strategy of leftists in the Duterte Cabinet to bring the country closer to the extreme left. 

Evasco is a former rebel priest who was detained during Martial Law. Rappler reached out to him, but he did not respond to our text questions. 

Two Cabinet officials identified with the left – Labor Secretary Silvestre Bello III and Anti-Poverty chief Liza Maza – denied they are involved in organizing KP. 

PDP-Laban members join KP

The direction of KP remains unclear at this point, but the involvement of politicians raises questions about the future of the ruling political party Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) that launched Duterte’s presidential bid and is now ruling both houses of Congress.

Evasco has entertained the idea of turning KP into a political party that will field its own candidates in the next elections, according to a source who has heard the Cabinet Secretary speak about his plans.

“There is a need to produce excellent, experienced and patriotic leaders who will join the local and national elections. There should be more people like President Duterte, who is a socialist in all levels of governance,” reads the KP guide. 

The plans for KP calls to mind Joseph Estrada’s Pwersa ng Masang Pilipino, the mass movement turned political party that Estrada organized before he ran for higher office. 

Duterte had his own Mayor Rodrigo Roa Duterte for President Movement, which started calls for his candidacy, but the organization was not developed in time for the elections. Its members joined PDP-Laban. 

PDP-Laban founding chairman and former senator Aquilino "Nene" Pimentel Jr definitely sees KP as competition.

“My best hopes go to Mr Evasco’s move to create a new party, perhaps he is not comfortable with PDP-Laban’s ideological direction,” Pimentel told the Philippine Star.

PDP-Laban, a political party that has been fledgling for years, grew overnight as expected after Duterte’s victory. In a country where no political party system exists, Filipino lawmakers have been habitual turncoats, jumping to the party of the incumbent president in the hope of getting more favors from Malacañang. Transactional politics rules.

Pimentel’s son and namesake, Senate President Aquilino "Koko" Pimentel III, is not comfortable talking about KP.

"KP is not the initiative of the party so ask the people behind the KP," he told Rappler when asked about it. "We are more formal. We are a political party. They are more informal. They are a movement. If the KP will ask for help, we are ready to help," he added.

"As far as I know, the personalities behind KP are not party members. We can help them. They can even be potential recruits to the party," he told Rappler.

But KP has been inviting PDP-Laban members to the launch of the group in the provinces although it is not clear if any of them has committed to join. At least 3 local members Rappler talked to during the PDP-Laban Thanksgiving dinner last November have joined KP. They are supporters, not politicians. 

Former assemblyman Abdulajid Estino, 54, claimed to be a member of PDP-Laban since the '80s. Amildasa Anil was a member of the Mayor Rodrigo Roa Duterte (MRRD) for President Movement and joined PDP-Laban last year. Tating Buyos, 62, joined PDP-Laban only in 2015 to support the candidacy of Duterte. 

They all recently joined Kilusang Pagbabago in the belief that it is an "extension" of PDP-Laban. 

“KP is, from my observation, meant to assist the President in curbing criminality and corruption…. It is allied with PDP-Laban to help the administration. There is no attempt to outsmart each other,” said Estino. 

KP like Arroyo’s Kampi?

The creation of a new party is inevitable, said a lawmaker who bolted the Liberal Party to become among PDP-Laban’s leaders in the House of Representatives. It is reminiscent of the factions that had characterized past presidencies. 

“It is inevitable. Gloria had her Kampi. PDP-Laban is not really President Duterte’s party,” said the lawmaker.  

Arroyo formed the now defunct Kabalikat ng Malayang Pilipino (Kampi) for her supposed 1998 presidential bid. But she was persuaded by the then ruling Lakas-Christian Muslim Democrats (Lakas-CMD) of former president Fidel Ramos to instead run for vice president under Jose de Venecia.  

De Venecia lost, but Arroyo won and became the country's most powerful official when Estrada, who was president at the time, was ousted by the 2001 "People Power 2" uprising. While Lakas remained the ruling party throughout Arroyo's 9-year administration, Kampi members who joined Lakas reorganized themselves to become the loyal soldiers of Arroyo.

Other observers have pointed out that KP reminds them of the KIlusang Bagong Lipunan (KBL), or New Society Movement of former president Ferdinand Marcos formed in 1978. KBL became Marcos' political vehicle for the duration of his presidency.

The Liberal Party, the ruling party under former president Benigno Aquino III, also suffered an internal split. The “true blues” comprising the original members of LP and the “yellows” who supported Aquino but were not very fond of LP president Mar Roxas. 

Meanwhile, Duterte was confined to Davao City politics for decades and did not need to be actively involved with PDP-Laban, which was his party when he was a younger politician. He joined local parties to form coalitions in Davao City. In 2015, he “reentered” as PDP-Laban member amid calls for him to run for president. 

Duterte and Hugo Chavez 

KP is a response to the realization that presidents cannot always rely on their own political parties. During the administration of President Joseph Estrada, it was his own House Speaker Manuel Villar Jr who led the impeachment complaint against him, following growing public distrust and indignation over corruption allegations. 

During the time of Aquino, LP passed his priority bills at the begining of his term but failed to deliver towards the end of his term when he was already perceived as a lameduck president. 

The same source who is privy to Evasco’s plans said the Cabinet Secretary compared Duterte to Hugo Chavez, the socialist Venezuelan president who inspired nationalism among his people. 

KP is also modeled after the Red Guards of the former Soviet Union, which recruited its membership from laborers and factory workers, among others. 

KP has its set of advocacies, based on a white paper that was sent to Rappler by sources concerned that its success will move the country closer to the extreme left. 

KP seeks to fight the following:

  • illegal drugs and criminality
  • any form of corruption in government
  • prevalence of oligarchy
  • foreign intervention

The white paper instructs KP to recruit most active leaders during the campaign and make sure that the barangay leaders are independent of politicians in the districts and the cities. It also instructs KP leaders to take advantage of instances when politicians offer help.

Party of the Philippine left? 

Politicial observers are concerned that KP is being led by the leftists in government. But even the leftists are on a wait-and-see mode, Rappler learned, because some of them are wary of how KP will affect their organizations.

Asked about KP, former Bayan Muna Representative Satur Ocampo said he has not formed a judgment of the new group.

Hindi kami directly kasali pero hindi namin dini-discourage kung may mga organizations sa communities na nire-recruit,” Ocampo said, noting that they support KP’s advocacies. (We're not directly involved but we're not discouraging organizations in communities that are being recruited to join.)

Tinitignan pa namin ano direction ng KP,” Ocampo added. “Mukhang iba-iba ang views,” Ocampo added. (We're still watching what the direction of KP will be. It looks like there are different views.)

Whether or not KP will grow to be a formidable movement, and whether politicians and the Philippine left will be drawn to it has yet to be seen. But it is reminiscent of the campaign to make Duterte run for president. It was organized slowly but surely. 

For better or for worse, KP could change the direction of the country’s political party system.– Rappler.com

Duterte's circle spreading 'intrigues' about fixed-term officials

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DUTERTE'S OFFICIAL FAMILY. President Rodrigo Duterte and his Cabinet members pray before the start of the 6th Cabinet Meeting in Malacañang State Dining Room on September 14. Photo by Rey Baniquet/PPD

Commission on Higher Education (CHED) chairperson Patricia Licuanan was another Cabinet member asked by President Rodrigo Duterte to stop attending Cabinet meetings starting December 5, aside from Vice President Leni Robredo herself.

But plans for her to be edged out of Duterte’s official family had been percolating since, at the latest, September.

That month, a different education official took part in a foreign trip with the President though the official was of lower rank than Licuanan. Licuanan confirmed to Rappler that she was not invited to be part of the President's official delegation to the trip.

The official was asked by Duterte to explain the state of Philippine higher education to the country’s government, something Licuanan, as chairperson of the CHED since 2010, would have also been knowledgeable about, if not more so.

There had already been some small talk among other Cabinet officials that this person would soon find themselves taking Licuanan's seat at Cabinet meetings. 

People close to Duterte may have already been sowing seeds of doubt about fixed-term officials like Licuanan.

Duterte himself admitted there were already whisperings about appointees from the previous administration, including Licuanan, in his inner circle. 

But, at that time, he claims he refused to listen to the rumors.

Ang iba puro intriga, ‘kasi yan hindi mo inappoint yan.’ Hindi ako nakikinig nang ganun. Right at the start wala akong ginawa. ‘Yan may fixed term yan pero hindi ‘yan tao mo ganun,’” he said during a press briefing in Lima, Peru on November 20.

(Others are full of intrigue, ‘Because you didn’t appoint that person.’ I don’t listen to them. Right at the start, I did nothing. ‘That person has a fixed term but they’re not part of your circle.’) 

Wala akong nasabi  yung may fixed term, ‘yung sa – sino itong, 'yung isang babae diyan na mga kakilala ko sa mga Cabinet member ko?” Duterte asked reporters. 

(I had no say about those with fixed terms, like, who is this woman who my Cabinet members know?)

 One of them, suggested, “Licuanan, CHED?” 

“Yeah, Licuanan. Pagsabi niya lang, pagsabi – sabi ko, [garbled] may fixed term, hayaan mo, pati yang… (When she says – I said [garbled] she has a fixed term, but you wait, even she…)” said Duterte, leaving his thought dangling.

Duterte is known to put a premium on trust and familiarity when it comes to people he works with. In the days leading to his inauguration, he defended his choice of Cabinet members from fierce critics by pointing out that he chose close friends so he could be assured of their trustworthiness.

Even his decision to finally let Robredo in his Cabinet had to be preceded by personal meetings between the two to break the ice.

Robredo managed to charm him but we all know how long the charm lasted. 

Both Robredo and Licuanan, two women outside Duterte’s inner circle, have been unceremoniously removed from his official one. – Rappler.com


Macau's top gambling tycoon: Who is Jack Lam?

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BRIBERY AND ECONOMIC SABOTAGO? Justice Secretary Vitaliano Aguirre II says Chinese gambling tycoon Jack Lam tried to bribe him. Photo from Jimei website

MANILA, Philippines – Another name has been added to the list of individuals who have earned the ire of President Rodrigo Duterte.  

Jack Lam, a Chinese gaming tycoon, is accused of bribery and economic sabotage after allegedly attempting to offer money to Justice Secretary Vitaliano Aguirre II in connection with the arrest of over 1,300 Chinese nationals illegally working at Fontana Leisure Parks and Casino in Pampanga.

Philippine National Police (PNP) chief Director General Ronald dela Rosa on Saturday, December 3, said that Duterte instructed all PNP units to arrest Lam

The order comes after Aguirre said he would not pursue legal action as there was no “overt act of bribery” on the part of Lam.

But days before news that he was ordered arrested was disclosed, the Chinese tycoon left the Philippines. The Bureau of Immigration on Sunday, December 4, said that since flying out of the country on November 29, there has been "no record of arrival” yet of Lam. 

Lam, however, has firmly denied the allegations – which include also bribing Philippine Amusement and Gaming Corporation (Pagcor) chair Andrea Domingo. 

His Filipino lawyer Raymond Fortun said that Lam “has no reason to bribe anyone” because he has the necessary permits and license to operate the Fontana Leisure Park and Casino.

He added that when Aguirre and Lam met at BGC “only for 5 to 10 minutes” on November 26, the businessman “merely wished to inform the good Secretary that he was engaged solely in legal activities in Fontana." The meeting was said to be facilitated by retired Chief Superintendent Wally Sombero.

Macau’s top gambling tycoon

Born in Guangzhou, China in 1961, Lam (Lam Yin Lok) moved to Hong Kong in 1979 to work in a factory with his uncle. In 1981, after years of joining his uncle’s gambling trips to Macau, Lam began working in the industry as a sub-agent. 

A Shanghai Business Review (SBR) report in 2015 described Lam as someone who was natural with rich gamblers as he “well understood their motivations and catered to their every whim, allowing him to reach the top of the ultimate service industry.”  

Lam’s undeniable rapport with “legendary kingpins” helped him build his gambling empire. 

With 30 years of experience under his belt, Lam became one of the most important figures in the Macau gaming industry. In 2009, he was named by the Global Gambling Business Magazine as one of the 10 most influential people in gaming.  

Jimei International Entertainment Group, which Lam chairs, holds two of Macau’s top-notch companies: Las Vegas Sands and Wynn Macau. The company is often referred to as one of the “largest VIP junket operators in Asia.” 

The group earned $16.8 million (P837.1 million)* during the first 6 months of 2016 from its entertainment and gambling sector alone.

According to his profile, Lam is also a member of the Guangdong Provincial Committee of The Chinese People’s Political Consultative Conference, general chairperson of the Federation of Hong Kong Guangdong Community Organizations, and a director of the China Overseas Friendship Association.

Lam's presence in the PH

Lam’s businesses include real estate development and hotel and resort operations. He also has securities and investments in Hong Kong, China, and the Philippines. 

His ventures in the Philippines, including the 300-hectare Fontana and Fort Ilocandia Hotel, are described by analysts as his “most adventurous investments,” according to the SBR. 

Contracts for casino operations in Fort Ilocandia were granted and implemented during the administration of Joseph Estrada. 

But even before acquiring Fort Ilocandia in the early 2000s, Lam had already been involved in the gambling industry in the Philippines.

According to a Rappler source privy to casino junket operations, he started having activities within the various Manila casinos in the latter part of the 1990s. 

Given that his business presence in the Philippines already spans two decades, Lam was described as being "way ahead" of most foreign nationals operating in the country in terms of revenue, reach, and influence.

But despite the legitimacy of his businesses, rumors of "illegal activities" shroud Lam's operations. Was the discovery of more than 1,300 illegal workers in his Philippine-based establishment just the tip of the iceberg? – Rappler.com

Leni Robredo: The new, 'default' face of the opposition

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NEW FACE. Analysts and senators say Vice President Leni Robredo is now the 'default' face of the opposition following her resignation from the Cabinet of President Rodrigo Duterte. File photo

MANILA, Philippines – It was an unlikely union forged not by their own choices but by Filipinos who voted for them. With too little common ground between President Rodrigo Duterte and Vice President Leni Robredo, their alliance was bound to end – and break it did, barely 6 months into their terms.

With her recent resignation from the Duterte Cabinet, analysts and politicians alike call Robredo the new face of the political opposition. (READ: How did Duterte break with Robredo? Through text message)

While both come from the provinces and are both “reluctant” candidates, their similarities could very well end there. Robredo is from the once-ruling Liberal Party, which Duterte accuses of plotting his ouster.

Duterte, meanwhile, is all praises for the Marcos family, including former senator and vice presidential candidate Ferdinand Marcos Jr, who filed an election protest against Robredo. She is a women’s rights advocate, while critics say he is a “misogynist.”

Political analyst Aries Arugay said Robredo has now reached a “point of no return.” One consequence of her resignation, he said, is her being a “de-facto” leader of the opposition. (READ: Palace: Duterte, Robredo have 'irreconcilable differences')

“It’s a point of no return. She put herself in a corner row. She is now the head of the political opposition,” Arugay told Rappler.

Robredo, for her part, said she is ready to take on the role.

“Mago-oppose ako sa lahat ng mga polisiya, I think with mas malakas na boses. Mago-oppose ako sa mga policies na I think detrimental to the Filipino people,” she said in a press conference on Monday, December 5.

(I will oppose all policies, I think with a louder voice. I will oppose policies that I think are detrimental to the Filipino people.)

“Parati pa rin akong kokontra sa mga bagay na hindi ko pinapaniwalaan. If being an opposition leader entails that, then magiging opposition leader ako,” Robredo said, adding she would still support policies of the Duterte administration in line with her own beliefs.

(I will continue to oppose things that I don't believe in. If being an opposition leader entails that, then I will become one.)

With this, Arugay said, comes the emergence of the long-brewing polarization among citizens and politicians. Arugay expects critics of the President to rally behind Robredo, while Duterte and his camp are likely to go on the defensive.

“Every misstep will be blown out of proportion and be used as ammunition. On the other hand, Duterte and his government will be on the defensive mode,” said Arugay.

Part of this, he said, is the establishment of a nationwide mass movement called Kilusang Pagbabago (KP). (READ: New 'party' Kilusang Pagbabago formed to protect Duterte

‘Welcome to the minority’

While her resignation drew criticisms from Duterte supporters, minority senators hailed Robredo’s move and welcomed her to her new “home” on the other side of the political fence.

Senate Minority Leader Ralph Recto said the resignation was something anticipated. At least now, he said, there is a clear distinction between the two highest leaders.

“I think it was expected. I don’t think they have much in common. Tama lang may legal separation. (It's just right that there's legal separation.) Welcome to the minority!” Recto told reporters on Monday, December 5.

Senator Antonio Trillanes IV, one of the fiercest critics of Duterte, said Robredo’s resignation has a huge political ramification – the emergence of a “default” opposition leader.

“Big effect because now the lines have been drawn. For us, we now have a default leader in the opposition,” he said.

“It’s a very welcome development, wala nang pagpapanggap na merong (there's no more pretense that there's) some sort of coalition happening,” Trillanes added.

As for Congress, it might take a little while before individual lawmakers and senators shift alliances. History would dictate that one key factor for politicians’ decisions is public approval. 

Past and present

One does not have to look far to see the patterns of resigning vice presidents in the Cabinet becoming key opposition figures.

In 2000, when she was vice president and social welfare and development secretary, Gloria Macapagal Arroyo left the Cabinet of then president and now Manila City Mayor Joseph Estrada amid the growing opposition to Estrada’s rule – following allegations he pocketed payoffs from jueteng.

In 2001, after 4 days of bloodless protests to oust Estrada, Arroyo was sworn in as president.

Now a representative of the 2nd district of Pampanga, Arroyo said on Monday that Robredo’s resignation was "inevitable" due to her and the President's "divergence" on so many issues.

Arroyo recalled that she tendered her resignation when she could no longer hold her criticisms against Estrada, who faced corruption accusations.

But unlike Robredo, Arroyo’s resignation could not have come at an opportune time. By the time she quit, Estrada’s trust ratings had plunged due to corruption allegations and protests against him were mounting. There was not much to lose for her then.

Robredo, meanwhile, left the Cabinet just 6 months into the term, with Duterte still enjoying high public ratings.

The case of Binay

Another official who quit the Cabinet is former vice president Jejomar Binay. Binay, who served as housing czar and presidential adviser on overseas Filipino workers (OFW) of former president Benigno Aquino III, resigned because he felt “awkward” and the “odd man out” in a Cabinet dominated by the LP.

But unlike Robredo, he resigned with just a year left into his term, a political year because of the May 2016 presidential elections. (READ: Why Binay resigned from the Cabinet

Prior to his act, there had long been calls from Aquino’s party mates for Binay to resign, taking issue with his criticisms of some administration policies. The calls for his resignation intensified after his former close ally in Makati politics exposed his alleged corruption, while critics filed plunder complaints against him in 2014.

After his resignation, Binay became a critic of Malacañang and the then-ruling LP, leading to the 2016 polls.

What Leni could lose

Robredo’s resignation does not come without consequences that might affect her prominence as a public figure. While this is the case, Robredo said she has no further political dreams or ambitions.

The risks might not have been lost on the Vice President herself as she met with her team for long hours over the weekend to decide on whether or not to resign.

The most practical consequence of all is budget. Without a portfolio, she would have limited resources to pursue her other agenda and advocacies as vice president. Since the separation came early, she would have to stick with a small budget for some more years.

Another thing that not only Robredo will face is the disappointment of voters who banked on the tandem, in the hope it would be a “good balance” for the country. It remains to be seen who will be chosen by the members of this voting bloc, Arugay said.

“This political divorce will disappoint many voters who thought that the DuRo tandem was complementary as it provided a good balance given the different personalities of the two leaders,” the analyst said.

The hopeful thought was that a Duterte-Robredo partnership was good while it lasted – although for only less than 6 months. With the resignation, there would be less to no walking on eggshells between the two leaders of the nation.

After all, a new face of the opposition was unveiled at a time marked by polarizing yet populist politics. – Rappler.com

LOOK BACK: The 1972 assassination attempt on Imelda Marcos

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FAILED ATTEMPT. In 1972, Carlito Dimahilig attempted to stab former First Lady Imelda Marcos. Youtube video screengrab

MANILA, Philippines – December 7, 2016 marks the 44th year since an assassination attempt was made on former first lady Imelda Marcos during an open-air event at Nayong Pilipino in Pasay City.

On December 7, 1972, Carlito Dimahilig, a geodetic engineer, attempted to kill Marcos during an awarding ceremony of her National Beautification and Cleanliness Contest. It was witnessed by Filipinos as it was aired over national television.

As the awardees went up the stage and was received by the former first lady, Dimahilig drew his bolo knife and launched himself at her to stab her in the chest.

Marcos was able to defend herself by covering her chest with both arms and throwing herself down on the floor. 

"When this man was hitting me with his bolo, I looked around, I said, 'I wonder who he is about to kill?' Little did I know that he was going to me," Marcos later said of the incident.

She also recalled wondering why her assassin opted to use an "ugly" weapon. 

“If there’s somebody who’s going to kill me, why do they have to be, why is it to be a bolo that is so ugly? I wish they put some kind of yellow ribbon, or some kind of a nice thing. Why such an ugly instrument?” Marcos said.

Dimahilig kept swinging the weapon, wounding several people surrounding Marcos. Security rushed in to help the former first lady, later shooting Dimahilig until he was killed.

Marcos sustained wounds on both her arms and hands, requiring a total of 75 stitches, and was immediately rushed to Makati Medical Center via helicopter. Then-president Ferdinand Marcos joined her at the hospital and was reported to be “shocked beyond words at the news.”

The morning after the incident, however, Mrs Marcos was already gracing television cameras wearing a “silky, frilly hospital gown.” The rest of the week following the assassination attempt, the clip of the attempt was “replayed on loop on Filipino television.”

{source} <iframe width="560" height="315" src="https://www.youtube.com/embed/wDm5TLR8Q6M" frameborder="0" allowfullscreen></iframe> {/source}

‘Second lease on life’

The former First Lady considered her survival as her “second lease on life.” 

Writing in her book, Imelda: Steel Butterfly of the Philippines, American reporter Katherine Ellison said that Mrs Marcos' survival awakened in her a “sense of mission to a Nietzschean extreme.” She kept her arm in an elegant gold-chain sling even when no longer needed, and claimed that she never recovered the full use of her right hand years after the incident.

But the incident was marred with speculations behind its motive.

Some believed that the assassination attempt was staged to win the people's sympathy, as it was the year when Martial Law was declared. 

But for former president Marcos, the assassination attempt was planned as part of a right-wing conspiracy to kill both him and the former first lady. In relation to his, he ordered the arrest of key individuals believed to be behind the plot, including Sergio Osmeña III and Eugenio Lopez Jr.

It was the one of the many arrests made under his dictatorial regime.  – Addie Pobre/Rappler.com

Addie Pobre is a Rappler intern studying journalism at Polytechnic University of the Philippines-Manila.

Duterte to retired AFP chief: 'Mamili ka na ng pwesto diyan, sir'

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FAREWELL TO TROOPS. For the last time, troops parade in front of General Ricardo Visaya, who retired on December 7, 2016. Rappler photo

Newly retired Armed Forces chief General Ricardo Visaya will not have his much-deserved vacation just yet. At least that's what his commander-in-chief indicated on Wednesday, December 7.

President Rodrigo Duterte, during the change of command ceremony on Wednesday, told the general: "General Visaya, mamili ka na ng pwesto diyan, sir (choose a position, sir)."

The audience at the Camp Aguinaldo grandstand laughed. 

"Choose your position. That is how grateful the nation is to you. Mamili ka ng position diyan, gusto mo kausapin si Delfin, okay rin 'yan (Choose a position. If you want, talk to Delfin. That is also okay)," Duterte added. 

He was referring to Defense Secretary Delfin Lorenzana. There's talk that Visaya would eventually replace Lorenzana, but that's just talk – for now.

A number of former AFP chiefs are serving the Duterte administration. Among them are retired General Hermogenes Esperon Jr, National Security Adviser; retired General Emmanuel Bautista, undersecretary at the Office of the President; and retired General Ricardo David, defense undersecretary for defense and policy. – Carmela Fonbuena/Rappler.com

Duterte's first 6 months in office: A shake-up

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CHIEF EXECUTIVE. President Rodrigo Duterte in Malacañang Palace on October 24, 2016. Photo by King Rodriguez/Presidential Photo

MANILA, Philippines – Rodrigo Duterte initially declared he did not want to run for president in May 2016. At the last minute, however, a representative filed for him his certificate of candidacy for president. He won overwhelmingly and the Philippines was never the same.

Duterte already had a reputation. He was the tough-talking mayor of Davao City both feared and respected for his draconian methods in dealing with criminals in his city. What he achieved in Davao, he would replicate nationwide.

His unapologetic and iron-fisted stance against crime became the central message of his campaign. He promised a drug- and crime-free Philippines within 3 to 6 months and won over 16 million Filipinos who buoyed him to the highest post of the land. 

Six months later, Duterte is slowly fulfilling this promise: racking up nearly 6,000 dead bodies – most of whom are victims of summary extrajudicial killings – in his war against drugs.

But the President, dismissed by critics as a single-issue candidate for his focus on the drug war, has been shaking up Philippine society in other ways over the past 6 months. He has managed to turn things upside down in the short period of time he has been president.

ONE OF MANY. President Rodrigo Duterte's war on drugs has claimed more than 5,600 lives since July. Photo by Rob Reyes/Rappler

Fight against drugs

More than 5,600 people dead in Duterte’s aggressive war against drugs. He has consistently claimed he loses two policemen a day, and that there are 3 million drug addicts, even though official numbers peg the figure much lower, at 1.8 million.

Supporters said if it wasn’t for Duterte’s commitment to expose the illegal drug trade, the extent of the drug problem nationwide wouldn’t have been known. Yet critics have said only low-level drug users and pushers have suffered in this war on drugs, with the big names – like Peter Lim – getting away.

They also pointed out that Duterte’s name-and-shame campaign against alleged drug protectors sets a dangerous precedent, given the rising number of unexplained summary killings and the President’s own admission of mistakes in his drug matrix. But Duterte vows not to stop his war against drugs until the last drug pusher is off the streets. 

CBCP HEAD. Lingayen-Dagupan Archbishop Socrates Villegas, who is also president of the Catholic Bishops' Conference of the Philippines. File photo by Noli Yamsuan/Archdiocese of Manila/CBCPNews

Attack vs the Catholic Church

In a predominantly Catholic Philippines, going against the Catholic Church is akin to political suicide. So when Duterte, then still a presidential candidate, cursed Pope Francis for causing traffic in Manila during his 2015 visit, it seemed a gamble for him to publicly curse the pontiff well-loved by many Filipinos. 

But that didn’t stop Duterte from winning the presidency – and neither did it stop his cursing at the Church. He has since accused the religious institution of being hypocritical, calling out bishops who allegedly ask for money and favors from the government, and exposing sexual harassment he supposedly suffered from a priest when he was a student.

Duterte also called priests “sons of bitches” for opposing his bloody crackdown on drugs. 

DEALING WITH THE PRESS. In this May 26, 2016 photo, Rodrigo Duterte holds a press conference in Davao City. Photo by Manman Dejeto/Rappler

Taking the media head on

Just weeks after winning the presidency, Duterte triggered backlash from media groups when he said corrupt journalists were legitimate targets of assassination. He cited the case of broadcast journalist Jun Pala, a vocal critic of Duterte, whose murder in 2003 remains unsolved. 

He declared a short-lived boycott of press conferences and clashed with journalists over news reports that he and his spokesmen claimed were “misinterpreted”, “taken out of context”, or given a spin by “biased” organizations. Media, they said, should use “creative imagination” in deciphering whether or not the President was serious or just joking. 

Despite his adversarial attitude toward the media, Duterte asked his supporters not to threaten journalists. He has also created a presidential task force to probe media killings.

NO TO MINING. Activists demand reforms in the mining sector. Photo by Karlos Manlupig/Rappler

Challenging oligarchs, siding with labor

Duterte has openly made statements challenging big corporate interests and oligarchs.

Filipino tycoon Roberto Ongpin was singled out as the oligarch Duterte wanted to destroy, with the President implying that Ongpin had used his connections with political higher-ups to strengthen his businesses.

Duterte also warned errant mining companies they should follow government standards or close shop. He has thrown his support behind his environment chief, staunch anti-mining advocate Gina Lopez, to suspend mining permits if warranted.  

In the labor sector, Duterte has vowed to phase out contractualization, pitting him against big conglomerates – such as businessman Henry Sy’s SM chain – which hires employees for less than 6 months, a practice that allows these firms to avoid having to regularize their employment. 

While the labor department has touted the government’s achievements in regularizing 25,000 workers so far, labor groups want stronger action from the government.

TIES WITH CHINA. President Rodrigo Duterte is greeted by Chinese Ambassador to the Philippines Zhiao Jianhua upon his arrival at the Beijing Capital International Airport on October 17, 2016. Photo by Toto Lozano/Presidential Photo

Anti-US, pro-China?

The President makes no secret of his disdain for Western powers and international institutions criticizing his war on drugs. The US, United Nations, and the European Union are among Duterte’s frequent targets of his colorful insults and curses

Instead of the US, the Philippines’ longtime ally, Duterte is instead pivoting toward unlikely bedfellows – China and Russia. The choice of Beijing may come off as strange: the Philippines, after all, has long been locked in a maritime dispute with China over territories in the South China Sea. It was also the Philippines who made the historic move of taking the Asian superpower to court – and winning that case.

While Duterte has frequently espoused an “independent foreign policy” as the way to go for the Philippines, he also professes his own dependence on his new best buddies.

TRUE TO SELF. Known for his brash ways and tough talk, in this photo Rodrigo Duterte holds an early morning meeting in Hotel Elena in Davao City on May 29, 2016. Photo by Manman Dejeto/Rappler

'Unstatesmanlike'

Known for spitting expletives and curses left and right, Duterte promised he would behave when he became president. 

It’s a promise he has broken at least twice. But Duterte makes no excuses for his cursing, claiming that his mouth was “rural” and that this was simply how he behaved. He lambasts criticism at his “unstatesmanlike” demeanor, saying he does not intend to be a statesman.

The President is also not one for following protocol: he skipped his own proclamation, and missed events at international functions supposedly due to jetlag. In one summit, he said he purposely skipped the event as a “matter of principle” because he disliked the Americans. Longtime diplomats have asserted that the Philippines’ chief executive should not use being sick as convenient excuses for missing important international functions. 

OPLAN TOKHANG. A group calling themselves 'Duterte Cyber Warriors' is embarking with its campaign called 'Oplan Cyber Tokhang' against those they perceive to be critical of the administration.

Keyboard warriors

Behind every controversial policy statement from the Duterte administration are diehard supporters fighting critics online to defend the President. This support base and social media campaign was what propelled Duterte to the presidency; the system was a well-oiled machine, with messages of the week cascaded to “Duterte warriors” to spread online. But campaign insiders have also admitted to the use of trolls or fake, paid accounts.

The past 6 months saw the explosion of fake news being peddled as truth, with each side accusing the other of propagating malicious propaganda online. This escalated into reports of attempted hacking on the Facebook accounts of those critical of the Duterte administration, with the creation of a group calling themselves the “Duterte Cyber Warriors,” carrying out what they claimed to be “Oplan Cyber Tokhang.”

ALLIES. Outgoing house speaker Feliciano Belmonte signs with Davao Del Norte representative Pantaleon Alvarez an agreement between the Liberal Party and the PDP-Laban to form a super majority during the opening of the 17th Congress on Sunday, July 24, 2016. File photo by Ben Nabong/Rappler

Power of the executive

Aside from wielding power in the executive branch, Duterte also exerts influence in the other branches of government. He may find an easier time pushing his legislative agenda in the House of Representatives, where a majority of lawmakers now belong to his party, PDP-Laban. In the Senate, Senate President Aquilino “Koko” Pimentel III is also a member of PDP-Laban.

In the judiciary, Duterte is set to appoint at least 10 Supreme Court (SC) justices within his term. In recent months, the SC has handed down rulings aligned with what the President favors. 

For instance, in July, the SC acquitted former president Gloria Macapagal-Arroyo of plunder, two weeks after Duterte assumed office. And in November, the SC also allowed a hero’s burial for the late dictator Ferdinand Marcos – a campaign promise viewed by critics as a debt of gratitude for the Marcoses’ support. The SC however denied a petition by former senator Bong Revilla Jr to have his plunder case dismissed because of lack of probable cause. 

PANEL MEETING. Negotiators from the Philippine government and the National Democratic Front of the Philippines buckle down to work. Photo by Edwin Espejo/OPAPP

Peace talks with the Left

Duterte began his presidency with an openness toward militant groups and activists, receiving in Malacañang on his inauguration day jeans-clad leaders from progressive groups.  

Said to share their ideology, Duterte also appointed to his Cabinet personalities endorsed by the Left, and resumed peace talks with the Communist Party of the Philippines (CPP) in a bid to end the longest-running insurgency in Asia.

But while these moves have won for Duterte the support of the Left, it has also put the CPP in the odd position of working with a president who has effusively praised the late dictator Marcos. The CPP has taken a strong stance on the sudden burial of the dictator at the heroes’ cemetery, calling Duterte a “rotten trapo (traditional politician)” for allowing a “historical wrong.” – Rappler.com

'Creative imagination' under Duterte, or interpreting what he says

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MANILA, Philippines – In his 6 months so far in office, President Rodrigo Duterte has dominated the attention of national and international media alike.

It’s not just because of his bloody crackdown against illegal drugs, with a body count running up to more than 5,600. It's also the President's colorful way of speaking – peppered with choice insults – and how some of his Cabinet officials painfully and carefully try to clarify, interpret, or explain away his controversial statements.

They have taken on the additional job of interpreter in recent months, blaming media for taking the President's words "out of context" in their "biased" news reports. They excuse Duterte's cursing as statements made out of frustration or exhaustion. They say national and international media simply do not understand the Bisaya president the way the Davao-based media do. Members of the press, they say, should use “creative imagination” and not take the President too literally. 

Rappler compiles a list of statements Duterte has made over recent months, and the way his spokesmen and advisers have interpreted or clarified these statements. 

{source}<h3>Separate from the US…or not</h3>{/source}

Duterte has been openly disdainful of the United States, showering its envoy and even its president with insults. During a state visit to Beijing in October, Duterte announced a “separation” from the US in both military and economic aspects.

{source}

<div class="blob-full" style="position:relative;">
<bg-image style="background: url('http://assets.rappler.com/47045D3C586347AE81EA3F0E74BAF630/img/00D1C5B528634D25847350D6DF8DF17C/Duterte-Press-Briefing-meeting-with-Filipino_Community-Beijing-China-20161020-08.jpg');">
</bg-image>
<text-container class="top light half left"; color="#000000">
<blockquote style="border-left: 2px;background-color: rgba(0,0,0, 0.5);color: white;">
'I announce my separation from the United States, both in military but economics also.'

</blockquote>
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</div>

{/source} 

His Cabinet members and advisers later had various interpretations of the President’s statement:

Finance Secretary Sonny Dominguez and Socioeconomic Planning Secretary Ernesto Pernia

{source}<div class="blob-full"><blockquote>

"We will maintain relations with the West but we desire stronger integration with our neighbors...The Philippines is integrating with ASEAN (Assocation of Southeast Asian Nations), China, Japan and South Korea. In a way, Asian economic integration is long overdue compared with the regional economic integrations.”

</blockquote></div>{/source}

Socioeconomic Planning Secretary Ernesto Pernia 

{source}<div class="blob-full"><blockquote>

"It's not a separation…You have to parse it as a rebalancing, as a restructuring of economic relations from too much dependence on the West...We know that, that is what he means because he has said that before and that’s how we interpret it. The President has a strong economic team and whatever economic pronouncements are made, it's really the economic team that makes the final say.” 

</blockquote></div>{/source}

Foreign Secretary Perfecto Yasay Jr

{source}<div class="blob-full"><blockquote>

"[Duterte] had always been saying this all along. We were separating from that colonial mentality from dependence so it is in that context that he said we are opening up to other countries.”

</blockquote></div>{/source}

Communications Secretary Martin Andanar

{source}<div class="blob-full"><blockquote>

"It's like a father and son, the son has to marry and move to another house. The US was a father to us for a long time but it is timely for us to move out of that house and secure our own house and decide for ourselves.”

</blockquote></div>{/source}

President Duterte, 2 days later

{source}<div class="blob-full"><blockquote>

"It's not severance of ties. Severance is to cut diplomatic relations. I cannot do that. Why? It's for the best interests of my country that we maintain that relationship. Why? Because there are many Filipinos in the US, Americans of Filipino ancestry...Separation of my foreign policy, that it need not dovetail the foreign policy of America. That's what I meant actually…Separate is just to chart another way of doing it.” 

</blockquote></div>{/source}

{source}<h3>Last PH-US military exercises?</h3>{/source} 

In September, Duterte said the next joint military exercises between the Philippines and the US will be the last under his term because he does not want to antagonize China. 

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'You [US] are scheduled to hold war games again which China does not want. I will serve notice to you now, this will be the last military exercise. Jointly, Philippines-US, the last one.'
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Here's how his officials clarified this statement:

National Security Adviser Hermogenes Esperon Jr

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"Ang pagkakaintindi ko (My understanding is), it's the last for the year…We will clarify.”

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Foreign Affairs Secretary Perfecto Yasay Jr, moments after Duterte's statement

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“No, no, no, he did not say that at all…What he said was that, as he said before, there will be no joint patrols with a gray ship of any nation in the South China Sea (West Philippine Sea) because that would be a provocative act...But he said, he will continue to respect our treaty arrangements and commitments with the United States. He always says that.”

</blockquote></div>{/source}

After media insisted on hearing Duterte's statement, Yasay later modified his response and said he did not hear what the President said. 

{source}<h3>Leaving the UN: Just a joke</h3>{/source} 

With Duterte, it's often not clear whether his statements are made in jest or should be taken seriously.

In August, irked by the United Nations (UN)'s criticism on his bloody war against drugs, Duterte threatened to leave the UN.

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'Maybe we'll just have to decide to separate from the United Nations....Take us out, you have not done anything. When were you here the last time? Never. Except to criticize.'
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But Cabinet officials downplayed the President’s threat.

Foreign Affairs Secretary Perfecto Yasay Jr

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"We certainly are not leaving the UN...The President is understandably extremely disappointed and frustrated with this action of the special rapporteurs in arbitrarily concluding that these drug-related killings were done by or are at the instance of law enforcers. But I can assure you that he remains committed to the United Nations, of which the Philippines is one of the founding members."

</blockquote></div>{/source}

Presidential Spokesman Ernesto Abella

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"We are not decoupling. It was a matter of record, it was a statement.”</blockquote></div>{/source}

President Duterte, 2 days later

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Hindi ka marunong magbiro pa? Saan tayo mag-join, Association ng mga Lumubog?” (You still can’t take a joke? What will we join, the Association of the Sunken?) </blockquote></div>{/source} 

{source}<h3>Sick or a snub?</h3>{/source} 

Duterte skipped the Association of Southeast Asian Nations (ASEAN)-US Summit in September allegedly due to a migraine. 

But he later admitted that it was intentional because of his dislike of Americans.

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'I purposely did not attend the bilateral talks between ASEAN countries and the ambassador of the president of the United States.'
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{/source}

Despite this admission, the foreign affairs secretary offered his interpretation in a television interview.

"That's why he said that he was not going to attend purposely...He purposely did not attend both ASEAN+1 with India and ASEAN+1 and the United States because he was not feeling well," Yasay said in an interview over ANC's "Headstart." 

{source}<h3>Pardon for Mary Jane?</h3>{/source}  

In September, Duterte went to Indonesia as part of a working visit of Philippine officials. Before the trip, he said he would appeal to Indonesian President Joko Widodo for the life of Mary Jane Veloso, the Filipina on death row for allegedly smuggling illegal drugs in Indonesia. 

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'I may just have to ask Widodo in a most respectful and in very, very courteous way. And if my pleadings will fall on deaf ears, I am ready to accept it – for the simple reason I do not doubt the judicial system of Indonesia.'</blockquote>
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Yasay later said the topic was not brought up during the talks. This was echoed by presidential legal counsel Sal Panelo and Indonesian minister of law and human rights Yasonna Laoly.

But on his arrival in Manila, Duterte said he did discuss Veloso’s case with his Indonesian counterpart Joko Widodo. 

Two days later, Widodo said Duterte had given the go ahead if Veloso were to be executed. Widodo also did not mention Duterte appealing for Veloso’s life during their meeting. 

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'I have already spoken about Mary Jane's case...At that time, President Duterte said 'go ahead' if (Mary Jane) were to be executed.'
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Abella later clarified Duterte’s statements. "His actual statement and conversation with President Widodo went like this. He said, regarding Mary Jane Veloso he said, 'Follow your own laws, I will not interfere.' End of statement," Abella said.

Duterte later admitted that he felt “awkward” to “beg” for Veloso’s life, given his own hardline crackdown against illegal drugs. He also said that his saying “go ahead” was not a specific reference to Veloso’s case. 

Sinabi ko lang (I just said), ‘We will respect the judgment of your courts,’ period. It would have been a bad taste in the mouth to be talking about having a strong posture in drugs and here you are begging for something," he said. 

“I said, ‘Mr President, so as not to apologize or anything – ‘It’s good you have the death penalty here. At least you can bring the problem to the barest minimum.' I said, ‘Go ahead and implement the law.' We never mentioned about Veloso.” – Rappler.com

Duterte teases Joey Salceda: Now, you are out of grace

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DUTERTE'S TEASING. President Duterte leads the groundbreaking of the Bicol International Airport with Representative Joey Salceda (right, in blue). Photo by Albert Alcain/Presidential Photo

Recently, President Rodrigo Duterte has been smelling out a supposed plot by the Liberal Party to unseat him.

On Thursday, December 8, he dropped by Albay in Bicol, the province of someone who had previously been strongly identified with the Yellow party: former Albay governor and now Albay 2nd District Representative Joey Salceda.

This past connection did not escape Duterte.

In his second event that day, a pro-federalism forum, he teased Salceda, who was a member of the audience, about it.

"Yung demonstration diyan, yung mga Yellow, ang target niyan ako, to oust me," said Duterte. (The demonstrations there, by the Yellow, the target is me, to oust me.)

After talking about how Leftists who joined the anti-Marcos burial rallies still support him, he again talked about the Liberal Party.

"Yung iba, yung mga tao ni Salceda noon, nagbabaan na (The others, Salceda's people before, they stepped down)," he said, to awkward laughter from his audience.

"Magbolahan pa tayo (Do we continue to kid ourselves)?" added Duterte, in response to the tension.

In an earlier part of his speech, he had already put Salceda under the spotlight.

"Dapat si Joey andoon sa Malacañang eh (Joey should have been in Malacañang). Now, you are out of grace," said the President.

Nervous laughter greeted his comment. The PTV4 cameras then turned to Salceda who was laughing self-consciously.

Duterte sought to diffuse the tension by saying placatingly, "Hindi (No), you are welcome to join me. Wala na ako sa pulitika (I'm out of politics). I just want the best minds of our country. Bakit ko solohin ang gobyernong ito (Why would I corner the government for myself)?"

In previous elections, Salceda became notorious for frequently shifting parties. In 2010, he bolted former president Gloria Macapagal Arroyo's party Lakas-CMD to join the Liberal Party.

In the 2016 elections, he left the Liberal Party to support the presidential bid of Senator Grace Poe. But when Duterte campaigned in Bicol, Salceda made Duterte's distinctive clenched fist gesture to indicate his support.

Duterte then declared he would appoint Salceda director-general of the National Economic Development Authority if he wins the presidency. He is yet to fulfill that promise. – Rappler.com

 


LISTEN: Newsbreak Voices: Murder as Meme

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MANILA, Philippines – In the government's bloody war against drugs, at least 3,841 were victims of extrajudicial or vigilante-style killings. Many of the victims were found with cardboard signs beside their bodies, proclaiming them drug addicts or drug pushers.

In recent weeks, the cardboard messages have begun to incorporate jokes and the occasional scribbled drawing. Manila is where murder has been reduced to a meme.

9-minute listen. Written by Patricia Evangelista, read by Chay Hofileña, edited by Emerald Hidalgo. If you missed the full story, you can read the text story here. – Rappler.com

Who’s who in Duterte's poll contributors list

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DUTERTE DONORS. Many of President Rodrigo Duterte's top campaign contributors in the 2016 elections are businessmen. File photo by Rappler

MANILA, Philippines – During the 2016 election campaign, then-Davao City mayor Rodrigo Duterte tried to be cheeky when asked who was funding his presidential bid. He simply said: Emilio Aguinaldo.

His spokesman later said "Emilio Aguinaldo" represented the ordinary Filipinos contributing to Duterte’s campaign, supposedly run on a shoestring budget.

As it turned out, President Duterte used up P371,461,480.23 of the P375,009,474.90 in contributions that he received, according to his Statement of Contributions and Expenditures (SOCE) submitted to the Commission on Elections. He was the 4th top spender of the 5 presidential candidates.

Most of the contributions Duterte received for his campaign came from big businessmen – one of whom is even on the Forbes list of 50 richest Filipinos, according to a report by the Philippine Center for Investigative Journalism.

Here's a quick at the donors who helped fund Duterte’s successful presidential bid. 

Biggest, smallest contributions

Duterte received the largest contribution from Antonio "Tonyboy" Floirendo Jr, representative of the 2nd district of Davao del Norte and son of the late banana magnate Antonio Floirendo Sr.

Floirendo Jr contributed a total of P75 million to Duterte's campaign. 

The smallest cash contribution for Duterte’s campaign was P1,200, while his smallest in-kind contribution was worth P576.

Businessmen 

Many of his biggest contributors were businessmen, mostly from Davao City and Manila.

Davao businessmen Lorenzo Te, Dennis A. Uy, and Samuel Uy donated P30 million each to Duterte's campaign.

Te is the president of Honda Cars Davao Inc and Honda Cars General Santos Inc, based on latest available records from the Securities and Exchange Commission (SEC).

Dennis A. Uy is the president of independent oil company Phoenix Petroleum Philippines. The company's chairman Domingo T. Uy, gave an additional P5 million while one of its directors, Cherrylyn C. Uy, contributed P1 million. 

Samuel Uy owns Davao Farms Corporation, involved in the egg and poultry industry, and is a stockholder in DIMDI Centre Inc and DIMDI Builders Center Inc. Both companies are in the general merchandising business. DIMDI stands for Davao Import Distributors Incorporated.

JAPAN TRIP. Businessman Samuel Uy shakes hands with Japanese Prime Minister Shinzo Abe on the sidelines of President Duterte's official visit to Japan last October. Photo from Uy's Facebook page

Samuel Uy accompanied President Duterte in his trip to Japan last October and was seen with Duterte and Abe. 

Nicasio Alcantara, president of the Alcantara Group of Companies and former chairman of Petron Corporation, gave P18 million.

His brother, Tomas Alcantara of independent power producer Alsons Consolidated Resources Inc, gave another P12 million. He was ranked #41 in Forbes Magazine's Philippines 50 Richest List in 2016.

Marcelino Mendoza, chief operating officer of MGS Corporation and former president and chairman of Vista Land, contributed P14.5 million. Michael Regino, president of Agata Mining Ventures and San Agustin Mining Services, gave P14 million.

Felix Ang, who donated P10 million, is the owner of car dealer CATS Motors Inc.

Other major contributors include Bienvenido F. Tan with P20 million and Patricia Escaler with P5 million, both from Makati City.

When Duterte was still contemplating a presidential bid before the filing of certificates of candidacy last year, a group of anonymous businessmen volunteered to help him raise campaign funds.

The group called Anonymous Patriots for a Peaceful and Progressive Philippines (AP4) pledged to raise P1 billion for Duterte's campaign. These businessmen supposedly did "not want any publicity or recognition" and were "merely showing their support" for Duterte.

AP4's membership has not yet been disclosed or revealed. The name of Benigno Gopez, a former waiter turned successful entrepreneur who spoke for the group, does not appear in Duterte's SOCE.

Cabinet appointees 

Carlos Dominguez III, who donated P3 million, is now the finance secretary in Duterte's Cabinet.

Salvador Medialdea, who gave P500,000, is Duterte's executive secretary. His wife, Ma. Bertola, donated another P1 million.

Ismael Sueno, with an in-kind contribution of sound system rental worth P21,600, has been appointed Duterte's interior secretary.

Top locations

Based on the addresses declared on Duterte's SOCE, here are the top 5 sources of Duterte's campaign funds by location:

LocationCash +
In-kind
Total Amount
(in pesos)
Davao City189,042,200.00
323,225.80
189,365,425.80
Metro Manila107,165,000.00
74,724,750.32
181,889,750.32
Rizal1,000,000.00
31,416.00
1,031,416.00
Cavite1,000,000.00
-
1,000,000.00
Cebu-
429,300.00
429,300.00

In-kind contributions 

Duterte received P76.7 million in in-kind contributions, but the bulk of these were political tandem ads. 

His running mate, Senator Alan Peter Cayetano, donated a total of P71.3 million for tandem ads, while senatorial bet Francis Tolentino donated P3.1 million for the same purpose. 

The remaining amount, P2.2 million, were in-kind contributions from 56 donors, mostly for rental of venues and equipment for Duterte's campaign sorties nationwide. 

Among these in-kind contributors were:

  • Angel Mae Tan of Cebu City, with P290,000 worth of in-kind donations, the biggest amount outside of tandem ads
  • Duterte's sister, Eleanore Duterte – P70,000
  • Volunteers Against Crime and Corruption (VACC) founding chairman Dante Jimenez – P30,000
  • Former South Cotabato governor and now Interior Secretary Ismael Sueno – P21,600
  • Former Caloocan City congresswoman Mary Mitzi Cajayon – P15,000

See the full list of contributors to Duterte's 2016 election campaign here.

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with Katerina Francisco/Rappler.com

Who's vying for the post of SC Justice Brion?

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MANILA, Philippines – Seven candidates are vying for the position of Supreme Court (SC) Associate Justice, soon to be vacated by retiring SC Justice Arturo Brion.

On Friday, December 9, the Judicial and Bar Council (JBC) released its shortlist of nominees to replace Brion, who is set to retire on December 29. 

The JBC, the body mandated to screen and vet nominees to the judiciary, will submit the short list to President Rodrigo Duterte. (EXPLAINER: How the Judicial and Bar Council works)

Of the 7 candidates on the short list for Brion's replacement, 3 were also included on the short list for retiring SC Justice Jose Perez: Court of Appeals (CA) Associate Justices Jose Reyes Jr, Apolinario Bruselas Jr, and Japar Dimaampao. (READ: Who's who: Candidates vying for SC justice post)

Three of the nominees on the JBC shortlist were interviewed during the 2-day public interviews held last month: CA Associate Justices Amy Lazaro-Javier and Noel Tijam, and Centro Escolar University law school associate dean Rita Linda Ventura-Jimeno.

Those on the JBC shortlist are:

  • Rosmari D. Carandang 
  • Apolinario D. Bruselas Jr 
  • Jose C. Reyes Jr
  • Japar B. Dimaampao
  • Amy C. Lazaro-Javier
  • Noel G. Tijam
  • Rita Linda S. Ventura-Jimeno

Know more about the candidates vying for the position.

ROSMARI CARANDANG

Born January 9, 1952 (age 64)

6 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, she will have 6 years as SC magistrate before she reaches the mandatory retirement age of 70
  • Law degree from the University of the Philippines
  • Placed 9th in the 1975 Bar examination
  • Was nominated for a vacancy in the Supreme Court thrice – in 2011, 2012, and 2014 – but lost on all occasions
  • Previously served as a Manila regional trial court judge
  • Became a subject of a complaint in 2008 and was alleged to have asked for money before she ruled in favor of the complainant in a case

APOLINARIO D. BRUSELAS JR

Born May 6, 1956 (age 60)

5 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, he will have 10 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from the University of the Philippines
  • Prior to his appointment to the CA in 2005, he used to work at the Armed Forces of the Philippines and the Quezon City regional trial court
  • He was nominated in 2013 as candidate for the Sandiganbayan presiding justice vacancy, but lost to Amparo Cabotaje-Tang

JOSE C. REYES JR

Born September 18, 1950 (age 66)

5 votes from the JBC

  • Court of Appeals (CA) Associate Justice
  • If appointed, he will have 4 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from San Beda College
  • Appointed to the CA in 2003
  • Before CA, he worked as a Metropolitan Trial Court judge in Pasig and Regional Trial Court judge in Rizal
  • Was a candidate in 2012 to replace then-SC Associate Justice Maria Lourdes Sereno, and in 2014 to replace outgoing Supreme Court Associate Justice Roberto Abad
  • Accused by Senator Antonio Trillanes IV of accepting a bribe just to stop the suspension of former Makati City mayor Jejomar Erwin Binay Jr

JAPAR DIMAAMPAO

Born December 27, 1963 (age 52)

5 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, he will have 18 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from University of the East College of Law
  • Law professor specializing in commercial law and taxation
  • During the JBC interviews, he vowed to enrich jurisprudence on sharia laws

AMY LAZARO-JAVIER

Born November 16, 1956 (age 60)

4 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, she will have 10 years as SC magistrate before she reaches the mandatory retirement age of 70
  • Law degree from the University of Santo Tomas
  • Teaches political law, commercial law, and civil law subjects at the UST Faculty Civil Law since 1983
  • Before CA, she joined the Office of the Solicitor General in 1983 as trial attorney, and later became Assistant Solicitor General in 1994

NOEL TIJAM

January 5, 1949 (age 67)

4 votes from the JBC

  • Court of Appeals Associate Justice
  • If appointed, he will have 3 years as SC magistrate before he reaches the mandatory retirement age of 70
  • Law degree from

     San Beda College of Law 

  •  

    Held various positions in government agencies such as the Government Service Insurance System 
  • Taught law at the Philippine School of Business Administration

  • Was 

    appointed Quezon City Regional Trial Court Branch 221 judge in 1994 by former president Fidel Ramos, and then to the Court of Appeals in 2003 under former president Gloria Macapagal-Arroyo

  • In 2013, he wrote the CA decision affirming the constitutionality of former president Benigno Aquino III's revocation of Arroyo's so-called "midnight appointments," revoking almost 600 appointments

  

RITA LINDA VENTURA-JIMENO

September 12, 1952 (age 64)

4 votes from the JBC

  • Associate Dean of the Centro Escolar University Law School
  • If appointed, she will have 6 years as SC magistrate before she reaches the mandatory retirement age of 70
  • Law degree from University of the Philippines - Diliman
  • Managing partner of the Jimeno Cope & David Law Offices 
  • An arbitrator and a Supreme Court-accredited mediator

  • Worked as a member of technical working groups that crafted rules on whistle-blowing in the judiciary and rules of practice in environmental courts

Over the next 3 years, Duterte will appoint at least 10 SC magistrates to replace retiring justices.

If Reyes or Tijam are appointed to the SC, the President will be able to make additional appointments within his 6-year-term since the two nominees have 3 or 4 years before they reach retirement age.

Over the past two years, the High Court has decided on major cases involving notable politicians – such as Grace Poe's citizenship, the bail plea of Senator Juan Ponce-Enrile, former president Gloria Arroyo's plunder case, and more recently, the planned burial of the late dictator Ferdinand Marcos at the heroes' cemetery. (READ: How did SC justices vote on major political cases?) – with earlier reports from Rey Santos Jr and Jee Geronimo/Rappler.com

Why De Lima faced Dayan in Senate hearing

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PITY. Senator Leila de Lima changes her mind and decides to face her former security aide and driver Ronnie Dayan during a Senate probe.

She initially had no plans of attending the hearing and facing her former security aide Ronnie Dayan but Senator Leila de Lima eventually had a change of mind.

Dayan, with whom De Lima had a past 7-year relationship, faced on Monday, December 5, the Senate probe into the killing of Albuera mayor Rolando Espinosa Sr. The mayor’s son Kerwin alleged that he gave money for De Lima through Dayan – something that Dayan himself admitted.

So why did the senator change her mind? Two reasons.

Her first reason: Her colleagues were not asking about Duterte’s order to reinstate Superintendent Marvin Marcos, chief of the Criminal Investigation and Detection Group of Region 8 – the group that conducted the operation that led to the death of Mayor Espinosa.

Second, pity. She said she felt bad for Dayan upon seeing his face on her office’s television monitor.

“Kaya nga ayaw ko talaga, hindi ho ako dapat maga-attend as I’ve told you. Number one, nakikita ko nga hindi naman nila tinatanong yung tungkol sa Marcos-Bong Go. Pangalawa, nakita ko nga yung aura ni Ronnie Dayan. Sabi ko there’s something wrong. Naawa ako,” De Lima told reporters, adding some senators were pressuring Dayan.

(I really didn't want to as I've told you. Number one, I saw that they were not asking about Marcos-Bong Go. Second, I saw the aura of Ronnie Dayan. I said, there's something wrong. I felt pity.)

De Lima said she believes Dayan was only threatened, saying he would not lie without a “compelling reason.” To further prove her point, De Lima added Dayan loves his family, especially his children and grandchildren.

“Awa, more of awa. Kahit ganun ang ginagawa na...alam mo na, sumasama siya diyan sa kasinungalingan na yan, I know na hindi niya yan gagawin kung walang compelling reason. And more of ano yan, takot sa buhay niya yan, saka sa pamilya niya. Mahal na mahal niya ang mga anak niya saka mga apo niya,” she said.

(Pity, more of pity even if that's what he's doing... You know, being a party to those lies. I know that he won't do that without any compelling reason. It's more of, he's scared for his life, and for his family. He really loves his children and grandchildren.)

While De Lima said she had already forgiven Dayan, the senator said it is generally difficult for her to forgive those who have wronged her.

"Madali akong magpatawad, although hindi ako madaling makalimot sa mga taong may kasalanan sa akin. Naawa talaga ako (I forgive easily although I don't forget easily). So may God bless him and his family," she said.

Dayan, in a House probe, earlier lamented how De Lima ignored his calls for help. But De Lima denied it, saying she never received such messages from Dayan or his family.

Had she received them, the senator said she would have helped her former driver as part of her “moral obligation.”

“Yeah. I will. Why not? Nangangailangan yung tao. Nagtatago, gipit ang sitwasyon. (The person is needing help. Hiding, in a tight situation.) There’s nothing wrong with that. Again, it’s a moral obligation to help him.

De Lima earlier criticized some senators for citing Dayan in contempt, claiming it was “baseless.”

De Lima is facing charges for her alleged connection to illegal drugs, with Dayan as her supposed bagman. The senator strongly denied the accusations, saying these are all “fabrications” that are part of President Rodrigo Duterte’s personal vendetta. – Rappler.com

Hate human rights? They protect freedoms you enjoy

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MANILA, Philippines – The concept of human rights is not appreciated enough by many Filipinos in the context of the Duterte administration's war on drugs. 

President Rodrigo Duterte has gone into tirades, blasting organizations – both local and international – that have criticized his administration’s anti-illegal drug campaign. That campaign has, so far, yielded 5,869 deaths as of December 3, according to data from the Philippine National Police (PNP). (IN NUMBERS: The Philippines' war on drugs)

Among those included in Duterte’s negative list are the United Nations (UN) and its various agencies, the International Criminal Court (ICC), as well as countries belonging to the European Union (EU), plus the United States (US). In the Philippines, it is the Commission on Human Rights (CHR).

But based on comments on various Rappler stories that feature CHR, there seems to be misconceptions about the mandate of the Commission and the coverage of human rights.

Sentiments hurled against the Commission range from it being used to shield criminals from prosecution to being a huge obstacle to the administration’s promise of change. 

Many hit the CHR for not acting on cases involving victims of murders, rape, and other crimes yet the Commission is mandated by law to primarily act on violations carried out by state agents or private individuals upon the instruction of government authorities. This includes private armies.

In fact, it is the PNP that is responsible for investigating and arresting those who have committed crimes in the country. If they fail to put perpetrators behind bars, then they can be held accountable. 

Human rights for everyone

Established through the 1987 Philippine Constitution, CHR primarily handles the investigations of human rights violations – either on its own or through complaints filed. 

The Commission is also mandated by law to ensure that the Philippine government "respects, protects, and fulfills" the human rights of all Filipinos. CHR is also tasked to make sure the government complies with international treaties the country is a state party to.  

Contrary to noisy commentary on social media, human rights are not just for criminals. In fact, these rights help ordinary people to live freely.

All the things Filipinos are entitled to can be found in Article III of the 1987 Philippine Constitution, the Bill of Rights. It has 22 sections which declare all the rights and privileges government must uphold, respect, and protect. 

Other rights, meanwhile, are enshrined in various international laws such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) – all of which the Philippines is a signatory to.  

Examples of these rights include the right to peaceful assembly and association, right of equal access to public service, right to life, liberty and security of person:

  • Right to equality
  • Freedom from discrimination
  • Right to life, liberty, personal security
  • Freedom from slavery
  • Freedom from torture and degrading treatment
  • Right to recognition as a person before the law
  • Right to equality before the law
  • Right to remedy by competent tribunal
  • Freedom from arbitrary arrest and exile
  • Right to fair public hearing
  • Right to be considered innocent until proven guilty
  • Freedom from interference with privacy, family, home, and correspondence
  • Right to free movement in and out of the country
  • Right to asylum in other countries from persecution
  • Right to a nationality and the freedom to change it
  • Right to marriage and family
  • Right to own property
  • Freedom of belief and religion
  • Freedom of opinion and information
  • Right of peaceful assembly and association
  • Right to participate in government and in free elections
  • Right to social security
  • Right to desirable work and to join trade unions
  • Right to rest and leisure
  • Right to adequate living standard
  • Right to education
  • Right to participate in the cultural life of community
  • Right to a social order 
  • Freedom from state or personal Interference in the above rights 

Why has it come to this? 

Despite all the negative associations here with human rights, CHR Commissioner Gwendolyn Pimentel Gana is thankful because through Duterte, human rights became a household word. 

She insisted, however, that CHR is not being a hindrance to the eradication of crime in the Philippines; it just wants to make sure that methods used do not violate human rights. (READ: CHR in 2016: 'We are not enemies of the fight against drugs’) 

“We are not enemies of the fight against drugs,” she said. “We are partners that would be very protective of the rights of every individual.”  

But how did it come to this – the Philippines’ primary protector of human rights is receiving unprecedented criticism?  

For Gana, the negative perception may stem from “freedoms” being taken for granted.

“I think we live in a democratic society that we take for granted our freedoms,” she said. “Hindi naman naging (It never became) an issue because after Martial Law, we've lived in a society that's relatively free.”

Filipinos have moved freely without fear of curtailment of freedoms in the past 30 years. That's why they have failed to realize that human rights include a broad range of entitlements, not just political and civil rights.

Iyong economic, social, and cultural, hindi natin ina-associate iyon sa human rights,” she said. “Hindi naman alam na anghuman rights pala ay napaka-broad at malaki ang coverage ang coverage. Iyong right to food, right to education, right to employment, lahat napunta background ng human rights.” 

(The economic, social, and cultural rights, we don’t associate them with human rights. We don’t realize that the concept and coverage of human rights is broad. Our right to food, right to education, right to employment, all of them were put in the background of our human rights.)

“We should be educated about all the other aspects of human rights in our society. As a human being, what are you entitled to? You should know that," she added. 

In line with the push for a more comprehensive understanding of human rights, the Department of Education in November said that CHR is already reviewing the competencies of human rights education in the K to 12 curriculum

Will we be seeing less misinformed comments on human rights in the future? – Rappler.com

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