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Dela Rosa: Forgive us for drugs war deaths

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SEEKING FORGIVENESS. PNP chief Ronald dela Rosa. File photo by Joel Liporada/Rappler

(UPDATED) "Ipagdasal 'nyo kami na sana Lord, patawarin 'nyo kami sa nangyayari ngayon." (Pray for us that the Lord may forgive us for what's happening now.)

A week before Christmas, the country's top cop – the face of the institution leading a popular but bloody war on drugs – asked for prayers and forgiveness for the killings linked to the country's 6-month-long anti-narcotics campaign.

Philippine National Police (PNP) chief Director General Ronald dela Rosa was talking to police personnel and their family members at the National Headquarters (NHQ) Christmas party on Monday, December 19, when he made an off-the-cuff appeal in public.

Right before his speech, singer Basilyo sang "Lord Patawad" (literally, Lord, forgive me).

"Kung meron akong Christmas gift para sa lahat, meron din akong Christmas wish na manggagaling sa inyo. Ito lang aming wish, galing sa personnel ng PNP at ating mga pamilya. Narinig 'nyo 'yung kanta ni Basilyo? Lord, patawad? I would like to ask everyone, ang hinihingi kong gift sa iyo ay pagdasal 'nyo kami, ang inyong mahal sa buhay, ang inyong kapulisan, na sana patawarin kami ni Lord dahil dito sa mga namamatay sa war on drugs," Dela Rosa said. 

(If I have a Christmas gift for all, I also have a Christmas wish addressed to you. This is our only wish, from the personnel of the PNP and our families. Did you hear Basilyo's song? Lord, patawad? I would like to ask everyone, the gift I'm asking from you if that you pray for us, including your loved ones, your police force. I hope the Lord will forgive us for the deaths because of the war on drugs.) 

Since the war on drugs began on July 1, 2016, the PNP has tallied over 6,000 deaths with either direct or apparent links to the nationwide campaign.

Dela Rosa emphasized that of the 6,000, only over 2,000 were killed in police operations. The rest are what the PNP calls "deaths under investigation" or vigilante-style killings.

The police have long been accused of resorting to extrajudicial killings in the name of the war on drugs. It's an allegation Dela Rosa and the rest of the PNP have vehemently denied.

Dela Rosa said that although not all 6,000 deaths happened at the hands of police, he wanted prayers for the PNP anyway. A war on drugs was among President Rodrigo Duterte's key campaign promises during the 2016 elections.

At the same time, however, Dela Rosa insisted that the PNP will not stop its anti-illegal drugs campaign. "While I am begging for forgiveness for what is happening right now, I am also begging for your indulgence and please understand if the killings will continue. We will not stop our war on drugs," he later told reporters in a chance interview. 

Dela Rosa even joked about asking forgiveness in advance for those who might still die in the future because of the war on drugs. "Puwede bang humingi ng advance na patawad sa Panginoon? Hindi naman puwede, 'di ba –– Lord forgive me for what I am going to do? 'Di naman siguro puwede 'di ba? Lord forgive us for what we have done. 'Yan siguro," he said.

(Can we ask for forgiveness ahead of time? We can't, right? Lord forgive me for what I am going to do? I don't think you can do that. Lord forgive us for what we have done. Maybe that's better.) 

Dela Rosa insisted that the war on drugs – and all the police operations that happen because of it – will only end once the drug problem stops. "So long as the drug problem is there, there is no stopping us. We cannot guarantee you na walang mamamatay (that nobody else will die). Dahil (Because) for every action, there is a corresponding reaction. Kami po'y nag-re-react lang sa problema sa droga (We're only reacting to the problem of illegal drugs)." – Rappler.com


Someone named Sammy Uy came to the Duterte-Abe summit

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DUTERTE-ABE. President Duterte and Japanese Prime Minister Abe share a light moment, following an expanded bilateral meeting at the Prime Minister's Office in Japan on October 26, 2016. File photo by Rey Baniquet/Presidential Photo

Something unusual happened during the meeting of Prime Minister Shinzo Abe and President Rodrigo Duterte in Tokyo in October. The two heads of state were supposed to have a “four-eyes” meeting, meaning a one-on-one, with the obligatory interpreter.

The meeting expanded to include many eyes, with Duterte bringing his aide, Bong Go, who carries the title of special assistant to the President, and Samuel "Sammy" Uy, a friend and donor to the president’s campaign. While Uy was reported to be in the president’s party during his official visit to Japan, he was not expected to be a key player.

THREESOME. Samuel Uy joins the meeting of President Duterte and Prime Minister Abe in Japan. Facebook photo of Sammy Uy

Normally, heads of states are accompanied by their foreign affairs secretaries to important meetings. But Perfecto Yasay was not invited to this one. Neither was Japan's Foreign Minister Fumio Kushida.

How a businessman like Uy – who holds no government post and is unaccountable to the public – ended up attending the summit shows how foreign policy is being conducted these days.

A word on Uy. He is a crony of Duterte, a businessman with interests in companies that had contracts with government offices in Davao, the Philippine Center for Investigative Journalism reported.

He studied agriculture at Xavier-Ateneo de Cagayan and is from Davao City. He also went to Ateneo de Manila and Ateneo de Davao for his education, got married in 2011 and has one daughter and a son.

Uy contributed P30 million to the campaign coffers of Duterte and is associated with Davao Farms, DIMDI (Davao Import Distributors Incorporated), described as the "# 1 egg-producing farm in the whole area of Mindanao, Philippines."

Katsuyuki Kawai

We learned from various accounts that Duterte did not just unilaterally bring in Uy to the summit. It turns out that Abe may have adjusted Japan’s way of doing diplomacy, at least with the Philippines. It was a “special advisor” to the Prime Minister, Katsuyuki Kawai, who is also a member of the House of Representatives, who arranged Uy’s participation.

Kawai, who belongs to the same party as Abe’s, the Liberal Democratic Party, was chairman of the committee on foreign affairs and a parliamentary vice-minister for foreign affairs. We gathered that he appears to be close to the Prime Minister.

He has visited the Philippines a number of times. In his official blog, the 53-year-old politician shows recent photos with Duterte, Executive Secretary Salvador Medialdea, former president Fidel Ramos, and Uy. A translation of the blog provided by a Japanese non-government source says that Kawai reported the following:

  • He returned to Tokyo December 13 from Manila where he had a 3rd meeting with Duterte.
  • Duterte is learning the Japanese language.
  • He joined the Japanese anti-drug research team which has been dispatched to the Philippines.
  • He observed drug rehabilitation facilities in Taguig.
  • He will keep following PM Abe’s instruction to strengthen the Philippine-Japan relationship which is the foundation of peace and prosperity in the Indo-Pacific region.

Where does this leave the Philippines’ Department of Foreign Affairs and Japan’s Ministry of Foreign Affairs? Well, diplomacy between Manila and Tokyo seems to be taking place on two tracks: the institutional and the personal. This, too, may be part of the new normal in Japan as it faces uncertainty with Donald Trump and with our own Duterte. – Marites Dañguilan Vitug/Rappler.com 

Newsbreak Voices: Growing up in Aleppo

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MANILA, Philippines – The city of Aleppo in Syria is facing a humanitarian disaster: thousands of civilians are in danger of air strikes and attacks from government forces intent on flushing out rebel forces in the city. The United Nations wants to send observers as thousands are evacuated from the city.

The city's devastation has long been the subject of news headlines, but to Migel Estoque, this war-torn image is far from the Aleppo of her childhood. Aleppo then, she recalls, was a city filled with cultural wonder and rich historical heritage.

5-minute listen. Written by Migel Estoque, read by Chay Hofileña, edited by Exxon Ruebe. If you missed the full story, you can read the text story here. – Rappler.com

Impunity: The Church of the Resistance

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The cathedral is lit in neon. Seventy-one feet of cement and adobe glow red and aquamarine and purple and blue. The spotlights change hue at half-second intervals. Colored stars dot the soaring walls. Potted shrubs strangle under strings of lights. The effect is a cross between a circus sideshow and a psychedelic dream, Lucy in the sky blinking over the gathered faithful at the church steps.

This is the Shrine of Our Lady of Perpetual Help, the Redemptorist Church of Baclaran, at 4:30 in the morning the week before Christmas, shining high and bright along Roxas Boulevard. The pews are filled end to end for the dawn mass. Hundreds more crowd the doors and vestibules.

Down the main road, behind vendors hawking coffee and cheese waffles and Tender Juicy Hotdogs at P20 a stick (P30 with bun), fluorescent-lit three-foot photographs are installed on metal poles. The images march on both sides of the church road. The body sprawled under the streetlight. The masked cop carrying an M-16. The corpses shoved into the gutter. The purple-red ambulance lights on the face of the screaming daughter. The woman holding the dead husband. The crowds behind the yellow tape. Blood on the ground, bullets circled in chalk, the cardboard signs scrawled with pusher and addict.

The crowd streams by, mothers hauling toddlers, couples armed with selfie sticks, clusters of extended family holding hands in the dark.

“What is that? –”

“– shot by –”

“The ones who were killed –”

“They’re addicts.”

“Probably addicts –”

“Poor women – but that’s the life of an addict.”

“What if your daughter was raped by an addict?”

“There was this body on our street a week ago–“

“So much blood.”

“–some of them were just in the wrong place.”

“They’re anti-Duterte.”

“–those poor people–“

“Why on Christmas?”

Inside the church, under thousands of tiny lights, the priest tells a story. He speaks of Mary, who carried God’s word in her womb, and yet feared the coming of his passion and death. He speaks of John the Baptist, executed by the hand of King Herod. He speaks of Jesus, who understood sin.

“Let us open our hearts,” he said. “The image that we face this Christmas is around us. We cannot deny that our country is suffering in secret. The image of the holy family is in the image of the victims of extrajudicial killings. They may have sinned, but it is Jesus who forgives.”

The voice echoes throughout the cathedral. Those sitting on the front pews blink at the mention of killings.

“Brothers and sisters, let us open our hearts to the prayer and mourning of the mothers who have lost their children.”

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A body to bury

The Reverand Father Joseph Echano is a small man, shy, more likely to smile instead of speak. He admits he was uncomfortable with his first appointment as rector. Social functions intimidate him, he says, and so do mayors and bishops. He is more comfortable with his camera, taking pictures of the congregation, or coding html for the shrine’s website – the shrine, he is happy to say, won "Best Website" at the Catholic Mass Media Awards – or doing the daily work of the church.

It was that daily work of the last six months that brought him closer to the killings. In the last six months, since the inauguration of President Rodrigo Duterte, the Redemptorist Church has seen an increase in families pleading for funeral assistance, many of their dead killed in the war against drugs.

Under Echano’s leadership, on the first day of the dawn masses, churchgoers were welcomed by the photographs from the night beat – the corpses, the grieving, the yards of yellow tape. Photos by Patrick Adalin, Czar Dancel, Dante Diosina Jr, Jay Ganzon, Vincent Go, Raffy Lerma, Carlo Gabuco and Brother Jun Santiago of the Redemptorist Church line the pathways. Echano says he did not struggle with the decision. There are truths that must be told, he says, and he has heard from the people themselves.

Since July 1, at least 6,199 have been killed in the war against drugs. As of December 25, the police list 2,150 suspected drug personalities killed during police operations. Victims of extrajudicial killings have run up to at least 4,049. (READ: In the Name of the Father)

The shrine of the Lady of Perpetual Help has long offered funeral assistance to the indigent. In the last six months, the requests for help have risen. According to social mission leader Marivic Listana, over 60 cases of extrajudicial killings have been recorded and assisted by the Church, with burial costs ranging from P3,000 to P40,000.

The priests of the shrine occasionally appear on the graveyard shift of the Manila Police District. They carry their own cameras, take their own notes, stand side by side outside the police lines with the journalists covering the murdered of the last six months. They offer prayers, assistance, counseling, and return to the shrine with stories.

“They are traumatized when they come to us,” says Echano. “They would ask us why, why it had to happen that way. And sometimes, they try to rationalize everything, they say, ‘It would have been better if he were really an addict.’ As if it were okay to kill if the victim was an addict. It’s their way of coping, because they can’t accept what happened yet.”

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A separate peace

The dead man’s name was Ericardo Medina. He was 23, a jeepney barker. They called him Paborete, a play on the word favorite, as well as on Italian operatic tenor singer Luciano Pavarotti. The story goes that when Paborete was a baby, his screaming reminded his father of Pavarotti in concert. Paborete Medina liked to rap. He liked to sing. He liked to beatbox, and was good with a guitar. They said he had used drugs with his friends when he was sixteen, but never again.

He was abducted on November 17. His body was found the next day along a gutter in Park Avenue, Cuneta.

“You can’t explain how you feel,” says 26-year-old Joy Medina, “because it’s your brother, you’ve known him for so long, and you never expect he’ll be killed that way. We wouldn’t have been hurt so much if he was involved in drugs. But we knew him. He was affectionate, he was mischievous, he was happy. Give him a cup of rice and a bit of food and he’s happy. Give him P20 and he’s happy. He never gives anyone trouble. That’s why what they did to us hurts so much.”

At dawn on November 18, Joy was at her father-in-law’s when she heard the television blaring the casualty count from the night before. Eight killed in Pasay, bodies scattered across the city, faces and wrists wrapped in packing tape. She saw the video roll. She saw a tattoo inked into the back of one of the victims. She went home, called her sister Medelyn, asked her if their brother was dead. None of them were sure. All of them were afraid.

They rushed to the morgue, asked for the body.

“When we saw him, we couldn’t recognize him because there was blood all over his face. We thought his face had been broken. The blood was fresh, like he had been dead around six hours.”

The Medinas were born and raised in a cemetery. Their father was a gravedigger. They knew the families who cremated relatives abandoned the coffins used for wakes, and they begged the crematorium for one in Paborete’s size.

“It hurt us to know that someone else had lain in that coffin. We kept whispering to Paborete, ‘Don’t let your killers sleep.’ We said, ‘Make their lives miserable, let them feel your presence, make them feel what a terrible thing they’ve done.’ We don’t ask for vengeance, to kill his killers, all those things, no. We just pray.”

The family managed to raise a third of the morgue’s costs. They went to the city hall for assistance. They went to welfare office. They went to the mayor’s office. They were told, again and again, to ask help from the Redemptorist Church.

The church paid for part of the burial. They blessed Paborete’s body. They offered counseling, and gave Paborete’s sisters a food stall to run during the dawn masses to help pay for funds the family had borrowed elsewhere.

“We find some peace here,” says Joy. “When we’re here, we don’t think of what our brother went through. It’s when we’re at home that we do. It already hurts when someone pinches you – can you imagine if someone wrapped your face in packing tape and shoved an ice pick into your neck?”

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A house divided

“Maybe with the small thing we’ve done,” Echano says, “the church will awaken a little that we need to speak, and we don’t have to be silent.”

Over social media, on the public pages of the shrine, at the comment sections of news articles, Echano and his priests have been attacked for hypocrisy – how dare the Church, sinners all, speak on the killings. Bastard priests, demons from hell, members of the yellow cult. Echano and his priests have been called hypocrites and anarchists, rapists and pedophiles, coddlers of drug lords who hear their confessions in an attempt to feed church coffers.

The rector is not the first member of the clergy to oppose the killings, although his shrine may now be the most visible. In August, Pangasinan Archbishop Socrates Villegas released what may have been the strongest statement against the drug war.

"From a generation of drug addicts,” Villegas asked, “shall we become a generation of street murderers?"

Echano concedes there is a debate within the church itself. He is uncertain if all priests stand where he does. There are a number, he says, who are loyalists of the president. “And maybe they don’t see the realities we see, but also there are many who are silent. I don’t know. Maybe they’re afraid, or maybe they think it’s political.” (READ: Cardinal Tagle breaks silence: Condemn murder)

The rector asked no permission from the Catholic Bishops Conference of the Philippines before he installed the exhibit, although he says there is unofficial support from other bishops. The photographs have triggered other requests. Eight parishes across the country – three in Pangasinan – have called to express their intent to reproduce Echano’s work.

“This is not about politics,” Echano says. “We’ve been called yellowtards, or Aquino supports, or attacked because Senator Leila de Lima appeared here for Mass. But Imelda Marcos visits every Wednesday. Bongbong Marcos comes here. Grace Poe comes here. The shrine is open to all. It's much deeper than politics. It's a much more fundamental issue than politics. It's about humanity. It's about the dignity of life.”

It is perhaps the timing of the exhibit that struck a chord among the public. Many of the complaints argue against exhibiting images of the drug war during the Christmas season.

“Why don’t you put up beautiful pictures about the true meaning of Christmas,” demanded one commenter. “It’s not good for children to see those photos, Christmas is for the children! I hope you think of the children! The Church should focus on strengthening the prayers and relationships of people with God, not jumping into politics and what they’re calling their (im)moral responsibility!”

“It's a battle for meaning on what Christmas is,” says Echano. “And we are questioning their meaning. They say we should be happy. What is happiness? Even Christmas has been diverted from its true meaning: that we should only be happy, that we should forget all problems, that we should ignore the true situation. That’s escapism. That’s not the Christmas Jesus gave with his birth. He came down to the mud, to the rot, to the chaos of people so that we could learn to love and care for each other. That’s Christmas.”

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The strong leader

The Reverend Father Joseph Echano voted for Rodrigo Duterte on May 9, 2016. He thought the former Davao mayor was “strong and firm.”

“His platform was peace and order, but I did not expect that it would be this brutal.”

The Reverend Father is afraid. People are dying outside the gates of the shrine. He is afraid to walk at night as he usually does. He is afraid for his people.

“They say it’s safer now,” he narrates. “That’s true, it’s peaceful, because people will be killed if they go out. Peaceful doesn’t mean free. Everyone is afraid they might be next.”

He does not pretend to be a brave man, but he is the rector of the Shrine of Our Mother of Perpetual Help, and the shrine must offer sanctuary to every Paborete Medina. Under the rector's watch, the doors will remain open long after the Christmas lights blink out. – Rappler.com

(Editor's Note: All quotations have been translated to English.)

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Impunity: The Night Before Christmas

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The playground is crowded with children on Christmas Eve. They sleep under plastic chairs in a tangle of arms and feet. Those who are still awake sit scattered across the room holding paper plates of watery spaghetti. There is tinny music from a mobile phone. Cards are dealt out at a plastic table. Two coffins stand at one corner.

The body of Liwayway Yabut rests inside the first coffin, a plate of spaghetti on the glass lid. Her eldest, Alex, stands guard.

It is 21-year-old Alex who tells the story. How he had bought his mother dinner and left her sitting at a plastic table across a corner Ministop in Mandaluyong City. How he had walked away to the motorcycle parking lot. How he heard the gunshot, and turned to see his mother’s bowed head. How he ran, shouting, to find blood running down her face and her pulse gone under his fingers. 

Everyone loved Liwayway, Alex says. The family had been on the streets a year, ever since Alex's grandfather sold their home. Liwayway would survive by begging money from friends. Five pesos at a time, sometimes more. It was Liwayway who patted the heads of the children in the village, who shared what food she had and what money her husband Andy earned from garbage collecting and the occasional stint as village watchman.

After she died, Andy Yabut disappeared, got into a boat one day and never came back.

Now Alex sits, surrounded by children, the cousins and street children who came to join his mother on Christmas Eve. It is Alex who watches over them, the oldest of them 17, the youngest 7 years old, just as his mother did when she was alive. He has sent home the few who have families for Christmas dinner. He has shared out the food a neighbor sent in. He tells them to behave. He tells them to stay away from drugs. He tells them to love their parents, because you don’t know how long you have them.

Alex has appointed himself guardian to the passel of children who crowd around the coffins. He worries for them all. He cannot return to work. He cannot bury the bodies. The cost is too high, and there is no more money left to raise. A bucket sits by the playground door. There are coins inside, assistance for the family.

It is Christmas Eve, and Alexander Yabut is alone in a crowded room. He isn’t looking for justice, he says. He only wants to bury his mother.

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<p class="caption">The aftermath of the murder of Liwayway Yabut at past nine in the evening of December 16, 2016 below the Marketplace Mall along General Kalentong Street, Barangay Harapin Ang Bukas, Mandaluyong City.</p>
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JR’s story

In the beginning there were two sisters. Liwayway and Teresita. Liwayway married Andy Yabut, Teresita married Richard Reyes.

Liwayway had two children: Alex, and 18-year-old Cecil. Teresita had 3: JR, 15; Kongkong, 13; and 12-year-old Rose Ann. Five cousins, four parents who were occasional drug users, all living on the streets of Mandaluyong City at Village Harapin Ang Bukas.

One day not long after the declaration of the war on drugs, a cop went up to the sisters and told them to surrender. He told them their lives would be better. All four surrendered on the same day. All four travelled to rehabilitation seminars – to Zambales, to Baguio, to Bulacan, to a church where they were told miracles would happen.

Then the culling began. First Liwayway, dead on a plastic chair. Then Richard, killed at her wake.

It is JR who tells the story. Fifteen-year-old JR, Teresita and Richard’s eldest boy. JR says he knew his parents would die, ever since the first surrenderee was gunned down along Boni Avenue. All those who surrender are killed, says JR. Had the killers known that Teresita and Andy were at the crime scene when Liwayway was killed, there would have been 4 coffins on Christmas Eve, not just two.

On the evening of December 19, JR was at the street corner buying peanuts for the wake when the motorcycles passed him – two motorcycles, without plates, two men riding in tandem on each. They wore masks and bonnets. JR ran after them, screaming, Papa, Papa.

Then there were gunshots.

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Kongkong’s story

It was 13-year-old Kongkong who was at the wake when the motorcycles came roaring in. The men in masks shot Richard just across from Liwayway’s coffin. Three shots, one sliding past Richard’s cheek to catch on an earlobe, the next two between the eyes. They would have left if Richard hadn’t raised an arm.

Don’t, said his wife, but the killers had seen Richard move. They shot him again, seven bullets to the body, 10 in all. 

It was at the tenth that Kongkong came running to throw himself at his father. The eleventh bullet hit Kongkong in the leg. He felt nothing, held tighter to his father. 

Shoot the man, said the motorcycle driver. We have a last bullet.

Please, said Kongkong. Please leave my father a breath. Let me speak to him.

The man with the gun stepped back. The poor kid, he said. Let him be.

The killers left.

Richard told Kongkong to take care of his mother and his brother and sister. He said to watch out for them. He didn't say who it was who killed him. 

The killer came back with a warning, while Kongkong was on the ground, still holding on to his father. The killer told Kongkong to go. He said they would be back for another kill, and Kongkong and his family might get in the way.

When they roared off, Kongkong began screaming. One of the men on the street went chasing after the motorcycle. Grabbed a heavy length of metal. Yelled he would beat the killers. The big man was a fast runner and caught up with the motorcycle. He swung back his arm just before they aimed a gun at his face. He stepped away. 

Richard Reyes died that night at the San Jose Hospital, with his son watching his last breath.

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Cecil's story

Outside, along Senator Neptali A. Gonzales Street, a quartet of teenaged boys duck behind cars and shoot pellets from toy pistols. A string of blinking lights wrap around a tarpaulin with Liwayway’s face.

The photo had been taken recently. Liwayway had insisted on a new picture. It was best to have a record, she said, on the off chance she is killed in the drug war. 

There are no parents left to celebrate Christmas with the children. Liwayway is dead. Her husband Andy is gone. On the morning after Richard Reyes was shot, the Reyes children woke up to discover their mother Teresita gone, their youngest sister Rose Ann with her. There was no note, no phone number, nothing to tell them where she went.

It is 18-year-old Cecil, Alex's sister, who talks about Christmases past – when Liwayway put together spaghetti and fruit salad, when they took what money they had to buy new pants and shoes, when they were all together and everyone was happy.

She is not angry her father abandoned the family – she understands he is afraid. 

Richard Reyes was not the first body in a coffin brought to the playground in December. It began with the wake of Milton Bolos, Richard's godson, killed along the same street on December 6 while sitting on a yellow canvas chair one house away from the village hall. Milton was on a list of 10 suspected drug personalities marked for assassination. Sources say Liwayway and Teresita were among the targeted, along with their husbands. Although it is unknown who created the list, the few who have seen it have warned neighbors and friends – the same way Milton Bolos was warned the night before he was killed.

There are no suspects in the murder of Richard Reyes. The police say the case is "under follow-up." Since July 1, at least 6,199 have been killed in the war against drugs. As of December 25, the police list 2,150 suspected drug personalities killed during police operations, with 4,049 dead from extrajudicial killings. 

“Before, when you’re talking about murder, it’s people who are innocent. They are victims of drug-crazed people who committed crimes," said Philippine National Police chief Ronald dela Rosa. "Now most of those killed are drug personalities. That’s the very big difference."

He added that while the murders should be investigated, "people should appreciate the difference between the innocent and the drug personalities."

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The night before Christmas

Kongkong sits slumped on a chair across his father's coffin on the night before Christmas. His pupils are pinpricks. His voice speeds then slurs.

It is a Merry Christmas, he says, because he gets to spend it with Papa. 

The children change Kongkong's bandage every day. Wash the wound, smear it with antiseptic. There should have been a cast around his leg, but he had it removed, said it was too heavy and made it harder to walk. Maybe they could have found the money to get the bullet out of his leg, but Kongkong said no. Bury Papa first. It was his decision, and his cousin Alex says he has a right to it. 

So Kongkong sits and talks, staring at the wall, doped up on over-the-counter painkillers and not much else. He refuses medical treatment. He refuses help. He will not return to any hospital, because a hospital is where his father died. 

Kongkong wants the bodies buried. He will stay until they are, then he will leave, because the killers have promised to come back. He believes his mother and sister are dead. He hopes they are all happy with his father.

It was a good Christmas, he says. It was a merry Christmas, because Papa is here. – Rappler.com

Updated editor's note: The Shrine of Our Lady of Perpetual Help, the Redemptorist Church of Baclaran, has offered to cover all remaining expenses related to the burials of Liwayway Yabut and Richard Reyes. (READ: The Church of the Resistance). All quotations have been translated into English.

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LOOK BACK: High-profile ponencias of retiring SC Justice Arturo Brion

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MANILA, Philippines – Supreme Court (SC) Justice Arturo Brion retires on Thursday, December 29, as he reaches the mandatory retirement age of 70.

A former Court of Appeals justice, Brion has also previously served as labor secretary under the administration of former president Gloria Macapagal-Arroyo. Prior to joining government work, Brion was a private law practitioner with the Siguion Reyna Montecillo & Ongsiako Law Offices, as well as a faculty member of the Ateneo Law School. 

Rappler takes a look back at some high-profile cases with Brion as the ponente or decision writer.

2009: Estrada's "Jose Velarde" alias not illegal

Brion penned the SC decision affirming the decision of anti-graft court Sandiganbayan, which dismissed a criminal case against former President Joseph Estrada for the alleged illegal use of the alias "Jose Velarde."

The former president, ousted from office in 2001, allegedly used the name "Jose Velarde" in opening bank accounts. But the SC said the use of the alias concerned a private transaction, and it can only be ruled as illegal if its use is "public and habitual." 

"We do not decide here whether Estrada's use of an alias when he occupied the highest executive position in the land was valid and legal; we simply determined whether he may be liable for the offense charged based on the evidence the People presented," the SC said. 

2011: Flight Attendants and Stewards Association of the Philippines (FASAP) vs Philippine Airlines (PAL)

In 1998, PAL retrenched some 5,000 employees as a cost-cutting measure due to the effects of the 1997 Asian financial crisis. FASAP filed a complaint against the airline and sought the court's intervention. (TIMELINE: FASAP-PAL case)

In September 2011, Brion, a member of the SC's second division, penned the resolution ordering PAL to reinstate 1,400 members of FASAP affected by the retrenchment. But a month later, the SC en banc recalled this resolution, following a letter from PAL lawyer Estelito Mendoza.

Mendoza had pointed out that the SC had erred because PAL's motion for reconsideration was decided by the High Court's second division, when it should have formed a special third division in light of the retirement of several members of the third division which originally handled the case.

The FASAP case became part of the impeachment complaint against former chief justice Renato Corona, where he was alleged to have interfered in the case and betrayed public trust. In March 2012, Brion wrote a resolution clearing Corona of any liability.

2011: Postponement of polls in the Autonomous Region in Muslim Mindanao (ARMM)

In October 2011, Brion penned the decision which ruled as constitutional Republic Act 10153, which postponed the elections in ARMM and synchronized it with the 2013 midterm elections.

In its decision, the SC said that it is within the power of Congress to synchronize the polls and to authorize then-President Benigno Aquino IIII to appoint the region's officers-in-charge. – Rappler.com

Newsbreak Voices: Church of the Resistance

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MANILA, Philippines – At the Redemptorist Church of Baclaran, churchgoers on the first day of the pre-Christmas dawn masses were greeted by an unusual sight: photographs of corpses, police yellow tape, bloodied bodies, and grieving families – all victims of the Duterte administration's war on drugs.

Reverend Father Joseph Echano says he did not struggle with the decision to showcase the photographs. There are truths that must be told, he says, even as he and his priests have become attacked for hypocrisy for speaking out over the killings.

“Maybe with the small thing we’ve done,” Echano says, “the church will awaken a little that we need to speak, and we don’t have to be silent.”

15-minute listen. Written by Patricia Evangelista, read by Katerina Francisco, edited by Jaene Zaplan. If you missed the full story, you can read the text story here. – Rappler.com

Part 1: 'Rightful' owners of prime lot in QC fight back

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MANILA, Philippines – They are the heirs of Eulalio Ragua, the purported owner of the prime lot in Quezon City where SM North EDSA Mall and Trinoma Complex stand.

They lived in that area since birth until they were evicted from their houses which were later demolished to give way to high-rise commercial and residential buildings. The area came to be known as the Quezon City Central Business District (QC-CBD).

Now, these 8 families made up of more than 40 Ragua siblings, grandsons, granddaughters and in-laws, are back with a vengeance, requesting the premier investigating arm of the Philippine National Police (PNP), the Criminal Investigation and Detection Group (CIDG), to investigate the circumstances surrounding the demolition of their houses and their eviction from the prime parcel of land that they claim to be lawfully and rightfully theirs.

They are also questioning the building and business permits granted to these giant malls which have been raking in hundreds of millions of pesos from renting or leasing the property to other business establishments without paying a single centavo to the "rightful" landowner.

Amid this investigation, the CIDG invited in February this year at least 7 Quezon City officials to shed light on the Ragua heirs' complaint against city executives. They were asked to explain the legality of the construction and business permits issued to SM North EDSA Mall and Trinoma Complex, an agent privy to the investigation said.

A copy of the 13-page complaint addressed to Senior Superintendent Ronald Lee, CIDG regional chief, dated January 4, 2016, specifically mentioned SM North EDSA and Trinoma Complex as business establishments that have “been erected in their property using false and questionable authority, having been issued building permits and business permits by the local government of Quezon City in violation of the law.”

“We are the lawful heirs of the late Eulalio Ragua, the owner of the Diliman Estate in Quezon City covered by the Original Certificate of Title (OCT) 632,” said Danilo Ragua Lara and Anita A. Lopez in their letter of complaint filed before the CIDG then headed by Director Victor Deona.

The other Ragua heirs gave the two complainants Special Power of Attorney to represent them in the case. Danilo is a grandson of Eulalio Ragua, while Anita is a relative-in-law.

Executive Order

Two executive issuances of President Gloria Macapagal-Arroyo – Executive Order No. 620 dated May 4, 2007, and EO 620-A signed on September 11, 2007 –   paved the way for the massive development of QC-CBD.

Both EOs aim to rationalize and speed up the development of East and North Triangles, and the Veterans Memorial area of Quezon City as a well-planned, integrated, and environmentally balanced mixed-use development model. At the same time, Arroyo directed the would-be implementers to respect the rights of the property owners and hammer out deal structures with them.

The said areas are part of the Raguas' land title OCT 632 which won its reconstitution case at Branch 18 of the Court of First Instance (CFI) in Quezon City, only to be reversed 8 years later by the Court of Appeals (CA) and two years later by the Supreme Court (SC). This virtually handed the case on a silver platter to the respondent, J.M. Tuason & Company, Incorporated.  The Ragua case was surprisingly resolved very quickly during the administration of Arroyo, whose husband is a full-blooded Tuason.

Bold move

According to Virgilio T. Pablico, CIDG chief legal officer, the bold move of the Raguas to file complaints was prompted by two recent developments in their investigation.

The first was the recovery of the photostat copy of the Owners Duplicate Certificate of Title, OCT 632, in an entrapment operation.  The second were the findings of the joint investigation of CIDG and PNP Crime Laboratory document experts that the Land Registration Decree – the basis for the issuance of the Tuasons' OCT 735 – is a falsified document.

“With these developments, the owner of the title or his heirs will have the right to pursue their legal action against the holders and possessors of the land in order to recover it,” Pablico added.
 
Reconsitution

The two Raguas are representing more than 40 other relatives from the side of the Ragua patriarch. The latter's land title case became famous in the early 1980s when Judge Ernani Cruz Paño of CFI Branch 18 in Quezon City (who later became the Court Administrator of the Supreme Court) ruled in favor of Ragua’s petition for reconstitution of OCT 632, ending the 21-year-old court battle.

However, the Ragua heirs, who were then considered as squatters on a portion of the property they claimed, were not ready to face the appeal at the Court of Appeals (CA) filed by the two respondents – J.M.Tuason and the state-run Philippine Homesite and Housing Corporation (PHHC), the forerunner of National Housing Authority (NHA).

After a long court battle, the Raguas lost at the CA on May 30, 1989. The court sustained the claim of the respondents that there was no basis for reconstitution of the Raguas’ title OCT 632 because the copy of the land title they used as evidence is not the original photo copy and was not even clear enough to be authenticated. The Raguas claim to have lost the original OCT 632 after the war.

With the reversal, the Raguas filed a petition for review with the the Supreme Court, which was denied on January 30, 2000. On February 28 of the same year, they again filed a motion for reconsideration, which the Supreme Court recently denied with finality.

At least 3 other Ragua heirs have chosen to remain as “squatters” in a small portion of the contested lot despite efforts of the Quezon City government to evict them with the other families living in shanties beside the Trinoma complex.

They are still holding their ground because they believe that the issue resolved in the Supreme Court was only the “reconstitution” aspect and not the “ownership” of the 439-hectare property. – Rappler.com

Conclusion: Part 2: The battle of the land titles


Part 2: The battle of the land titles

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CONTESTED PROPERTY? An aerial view of SM North Edsa and Trinoma Mall in Quezon City. Image from Google Maps

Part 1: 'Rightful' owners of prime QC lot fight back

MANILA, Philippines – The new twist in the Raguas’ claim happened in early 2014, after the demolition of the shanties along Agham Road in Quezon City where a Ragua grandson, John Miguel Ragua, and his mother, Cecilia Q. Araullo, resided – ironically – as informal settlers.

The mother and her son went to the CIDG and sought the help of the investigators to arrest a man who had been trying to sell to them an apparently original photo copy of OCT 632, the land title that covered the lot they occupied.

In a brief report to Philippine National Police chief Director General Alan Purisima, Criminal Investigation and Detection Group (CIDG) Director Benjamin Magalong informed him of an entrapment operation on March 14, 2014, at the Visayas avenue branch of BDO Bank. He identified the arrested suspect as Antonio M. Luna, a Quezon City resident.

The report said Luna was believed to be in “possession of a century-age Original Certificate of Title (OCT) for the Diliman Estate” when two CIDG officers arrested him moments after he accepted from the complainant a P5-million manager’s check laced with ultraviolet powder.

In the course of the investigation, it was learned that Luna is the son-in-law of Miguel Soco, one of the lawyers who claimed to have represented the Raguas during their fight to recover the vast property.

The photostat copy of the OCT 632 that Luna tried to sell Cecilia for P10 million  was allegedly among the documents entrusted to Soco when the Raguas filed a petition for reconstitution of OCT 632 before a Caloocan City court on August 31, 1964. During that time, the Diliman Estate was still part of Caloocan.

The heirs of the Ragua Estate, then led by the oldest son, Miguel, lost track of the documents after the Ragua patriarch and most of his lawyers died while the case was still pending in court.

Some 21 years later, the Raguas won the celebrated case when Judge Ernani Cruz Paño of Court of First Instance Branch 18 ruled in favor of their land title petition for reconstitution.

Authentication

After recovering the Raguas' long-lost land title, the document was immediately examined. Pending the result of its authentication by the PNP Crime Laboratory in Camp Crame, the CIDG also sent it to the Federal Bureau of Investigation (FBI) Evidence Control Unit in Quantico, Virginia, in the US for further “authentication and carbon dating examination.”il

The documents sent to the FBI were the following:

  • Photostat of the Owner’s Duplicate Certificate of OCT 632 (Item 1, the recovered land title)
  • Photostat of location plan of Diliman Estate (Item 2)
  • Photocopy of location plan of Diliman Estate (Item 3)
  • Copy of Original Certificate of OCT 632 (Item 4, from the Land Registration Authority)

After 5 months, on October 2, 2014, the FBI returned to Magalong all the documents he earlier sent for authentication with an accompanying examination report signed by Antoine L. Frazier.

In the absence of an original land title for comparison, the examination result was limited only to observations of the documents' consistencies, particularly in handwriting, printing characteristics, and missing edges of the dry seal when Items 1 and 4 were compared.

The report also said that the logo of the company that made the material used in the document was clearly lifted from Item 1, and that the experts were still awaiting dating information from the said company.

These are strong indications that the recovered documents is the “original photostat copy” based on the CIDG’s own findings and the observation of the FBI experts, a CIDG document expert said.

'Impostors'

Working on the premise that there could only be one original land title that covers the 439-hectare property, then known as the “Diliman Estate,” the CIDG investigators gathered more documents, mostly materials submitted in court cases which, when analyzed, could pinpoint the fake land title among the Raguas' OCT 632, the Tuasons' OCT 735, and the Philippine Homesite and Housing Corporation's (PHHC’s) TCT 1356.

The investigators soon learned that the Tuasons' OCT 735 – where the PHHC’s TCT 1356 was derived from – came from its mother title, the Tuasons’ Decree 17431.

Decree 17431 was supposedly issued on July 6, 1914. It is part of the documents and pieces of evidence the Tuasons and the PHHC submitted to court to oppose the reconstitution filed by the Ragua patriarch in 1964.

CIDG investigators got copies of the documents submitted by the Raguas and the Tuasons from the court and studied all angles of the case, including possible fabrication and forgery.

It turned out, according to a report, that the Tuasons' Decree 17431 bears the purported signature of a certain Enrique Altavas as head of the General Land Registration Office (GLRO), the forerunner of the Land Registration Authority (LRA).

Based on the analyzed court records, Altavas' signature on the Tuasons' Decree 17431 supposedly issued in 1914 is entirely different from the specimen signature the investigators gathered from Altavas' service records files duly certified by the Civil Service Commission (CSC).

Even a layman or a non-handwriting expert can see that the questioned signature of Altavas on Decree 17431 differed from the standard signatures of GLRO Chief Altavas, the CIDG report said.

The CSC records also revealed that Altavas became GLRO chief only on June 1, 1933 – almost 19 years after the GLRO issued Decree 17431.

“This only shows how false and fraudulent Tuasons' Decree 17431 is. Altavas was not even an employee yet of the GLRO when the questioned document was issued so how can he have signed it?” Pablico told Rappler.

The CIDG report obtained by Rappler said that it is clear from the foregoing evidence that the Tuasons, the NHA (formerly the PHHC), and even the government has no valid right, interest, and legal personality in the Ragua Reconstitution Case.

The report concluded that the Tuasons, the NHA, and the Quezon City government, being parties in the reconstitution of the Raguas land title for the Diliman Estate, is an “illegality contrary to the law.”

According to the report, this means that whatever transaction had been consummated between them and other private entities, like the operators of SM North EDSA Mall and Trinoma Complex, are “therefore null and void for they are only impostors without any valid rights whatsoever.” – Rappler.com

Presidential Electoral Tribunal: What happens to a protest?

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The Supreme Court sits as the Presidential Electoral Tribunal.

MANILA, Philippines – The Presidential Electoral Tribunal (PET) will be playing a critical role in the election protest that involves the vice presidency.

Former senator Ferdinand "Bongbong" Marcos Jr lodged his protest against Vice President Maria Leonor "Leni" Robredo on June 29, a day before Robredo took her oath of office. (EXPLAINER: Prospects of electoral protest after VP canvassing).

Still pending at the PET, the electoral protest also marks the 3rd time in history that the vice presidency is at stake.

The PET is the sole arbiter of all contests "relating to the election, returns, and qualifications of the President or Vice President of the Philippines." The Supreme Court sits as the PET.

All rules concerning an election protest filed before the PET are governed by Administrative Matter (A.M.) No. 10-4-29-SC of the Supreme Court, or the 2010 Rules of the Presidential Electoral Tribunal.

Filing an election protest

Only the candidate for president or vice president who placed 2nd or 3rd in the polls may contest the results before the PET within 30 days after the proclamation of the winning candidate.

The protest should contain, among others, the total number of precincts being covered, the location of these precincts, and the votes obtained in each by both protestant and protestee/respondent, as well as the details of the alleged electoral fraud, anomaly or irregularity.

Meanwhile, through a quo warranto petition, any registered voter who has voted in the election being questioned may contest the president's or vice president's victory "on the grounds of ineligibility or disloyalty to the Republic of the Philippines" within 10 days after the proclamation of the winner.

The respondent is given 10 days to file an answer, with an option to include a counter-protest. The protestant has 10 days to respond to the counter-protest. 

Initial proceedings

Where the protest so warrants, the PET can issue a precautionary protection order to secure the relevant ballot boxes and their contents, voters' lists, other election paraphernalia, and data storage devices containing poll results.

After the submission of final pleadings by either camp, the PET calls for a preliminary conference, where the simplification of issues, the limitation on the number of witnesses, and a schedule for the prompt disposition of the case, among others, will be considered. Both camps are required to submit a preliminary conference brief containing these information.

The PET then issues a preliminary conference order to set the proceedings in motion.

Rule 65 says that either camp may be required to present at most 3 provinces "best exemplifying the frauds or irregularities alleged in [the] petition." 

If the protestant or protestee can make out their case in these 3 provinces, the protest or counter-protest prospers. Otherwise, it could be dismissed, without further consideration of the other areas mentioned in the protest. (RELATED: EXPLAINER: Prospects of electoral protest after VP canvassing)

Revision, technical examination

The revision of votes will start as scheduled in the preliminary conference order. At this stage, concerned ballot boxes will be opened and the votes on ballots are recounted and tallied. 

Revision committees will be formed for the continuous revision of votes, in the presence of representatives of both parties. The revision is done through the use of vote-counting machines – or manually and visually – as the PET may determine.

Within 5 days after the revision is completed, either party may move for a technical examination, where the authenticity of the ballots or election returns is verified. 

From hearing to decision

The evidence will then be received by a hearing commissioner or commissioners designated by the tribunal. The hearing commissioner/s should be a lawyer/s.

After all the hearings, both camps must file memoranda to the PET for their final arguments and refutations. The PET then finally votes and issues a decision.

Costs

A filing fee of P100,000 should be paid for a protest, counter-protest, or quo warranto petition to be deemed filed.

Both camps are also required to make a cash deposit. If no ballot boxes or documents are involved, the cash deposit amounts to P20,000. Otherwise, the cash deposit should be equal to P500 per precinct being protested. 

If the total deposit is less than P200,000, the payment must be made within 10 days after the filing of the protest or counter-protest. If not, an initial deposit of at least P200,000 must be paid also within 10 days, with the remainder paid in installments as may be required.

The technical examination of election documents, if requested, is conducted at the expense of the movant or requestor, according to Rule 47.

Duration of protests

If previous protests are an indication, cases filed before the PET take a long time to be resolved. 

"Medyo matagal 'yung process ng PET. Masalimuot dahil may revision 'yan (The process in PET is somewhat lengthy. It's tedious because of the revision of votes)," said election lawyer Rona Caritos of the Legal Network for Truthful Elections (Lente). 

Meanwhile, former chief justice Artemio Panganiban, in an opinion piece in the Philippine Daily Inquirer, said that the revision of votes in Marcos' protest "may take at least 2 years" while Robredo's counter-protest "may require at least one more year." 

In the normal course, he said, "it will take a few more years of hard work before we see light in the case."

There have only been 4 election protests since 1992. None, so far, has resulted in the reversal of results for president or vice president. On average, it took close to 4 years for these protests to be resolved.

Election ProtestTimeline
PET Case No. 001
Miriam Defensor Santiago v. Fidel V Ramos
1992 presidential election

- filed Jul 20, 1992

- dismissed Feb 13, 1996, for being "moot and academic" following her election as senator in 1995

PET Case No. 002
Fernando Poe Jr v. Gloria Macapagal Arroyo
2004 presidential election

- filed Jul 23, 2004

- dismissed Mar 29, 2005 shortly after FPJ's death in Dec 2004

PET Case No. 003
Loren Legarda v. Noli de Castro
2004 vice presidential election

- filed Jul 23, 2004

- dismissed Jan 18, 2008, as the retabulation did not affect winning margin, and following Legarda's election as senator in 2007

PET Case No. 004
Manuel Roxas II v. Jejomar Binay
2010 vice presidential election

- filed Jul 9, 2010

- dismissed Aug 16, 2016 on the ground of mootness when both ran for president in the 2016 polls, and due to the election of a new VP

In the case of the election protest against Robredo, the Marcos camp said they have no intention of delaying the proceedings. 

"There is no reason for us to foot-drag, because it is in our best interest to have everything – the pleadings, the motions, the manifestations – to be resolved at the soonest possible time,"said Vic Rodriguez, lawyer and spokesperson of ex-senator Marcos. 

"We're looking at 6 months to one year. As soon as there's a preliminary conference, a set of [hearing] commissioners would be constituted."

Rappler sought the side of the lawyers of Robredo, but has yet to receive a response.

Previously, the Robredo camp urged the public "to be more vigilant about any extralegal movements during this dark time in our history," following rumors that there would be "a new Vice President" by early 2017.

Robredo also said she continues to have faith in the SC, sitting as the PET, that it would be fair in handling the election protest, despite its ruling in November that allowed the burial of Marcos' father, former president Ferdinand Marcos, at the Libingan ng mga Bayani.Rappler.com

Rappler's top stories of every week of 2016

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MANILA, Philippines – It was an eventful 2016.

From a colorful election to major sports events, from live coverages to important announcements, and from showbiz headlines to viral videos, readers sought more information about these stories and expressed how it made them feel.

Let's look back at the year that was through the stories that Rappler visitors read and reacted to the most for each week of 2016.

In the visualization below, we list down the stories that had the biggest total page views in a particular week, as well as the stories that got the most votes via Rappler's Mood Meter in the same period. The top stories are then "colored" according to the corresponding dominant mood or emotion, still based on validated Mood Meter votes.

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<p style="font-size: small;">Click on the buttons to show the stories with the most views or the most mood votes on Rappler for every week of 2016.<br /><br />
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A mix of entertainment, sports, and national stories took the spotlight in terms of weekly page views.

Topics like Miss Universe 2015 Pia Wurtzbach's victory, the Pacquiao-Bradley boxing match in April, and updates on weather conditions and class suspensions later in the year made the list, along with celebrity feuds, unusual stories, and news that caught everyone by surprise.

Stories from the 2016 elections and President Rodrigo Duterte's administration were also viewed the most. In May, all eyes were on the poll results and the official canvassing of votes.

Three Rappler Indonesia stories likewise garnered enough views to place first.

In terms of mood votes, political and election stories dominated. Trace President Duterte's journey to Malacañang from the campaign trail and the presidential debates up to his election, inauguration, and his first State of the Nation Address or SONA.

Readers also reacted to Duterte's words and decisions, as well as to various events that happened in his first 6 months in office. – Rappler.com

'Seriously, but not literally'? The Atlantic used it ahead of Andanar

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NOT THE FIRST. Palace Communications Secretary Martin Andanar's choice of words about President Duterte's language bears a striking similarity to what's used by the US-based The Atlantic.

Philippine President Rodrigo Duterte and United States president-elect Donald Trump may have more in common than we think – at least that’s how it looks after Palace Communications Secretary Martin Andanar’s statement bore a striking similarity to a US-based magazine’s description of Trump and his supporters.

In explaining how to interpret Duterte’s statements in light of his admission that he killed suspects while he was Davao City mayor, Andanar suggested that the media and the public take the country’s highest official’s words seriously, but not literally. (READ: Understanding Duterte 101? 'Take him seriously but not literally’)

"We don't take all the President's statements literally, but we take his statements seriously," Andanar said during an interview with BBC Newsday’s Rico Hizon on December 15.

Andanar's reply calls to mind a piece from The Atlantic, entitled, "Taking Trump Seriously, Not Literally" published earlier in September. The piece described the dynamics between Trump and his supporters at the height of the US presidential elections – especially in relation to the Republican nominee's controversial language.

“His supporters take him seriously, but not literally,” journalist Salena Zito wrote about Trump. Sounds familiar, right? Andanar must have read Zito and thought the choice of words was just perfect and equally applicable to his boss. 

Zito added that the press, for its part, “takes him literally, but not seriously.” 

SAME THOUGHT. Communications Secretary Martin Andanar's statement mirrors The Atlantic's description of Trump supporters. Screenshot from PCOO and The Atlantic websites

The colorful billionaire, who won against Democratic nominee and first female presidential candidate Hillary Clinton, found the observation “interesting.” 

One of these statements included his proposal to build an “impenetrable, physical, tall, powerful, beautiful” wall along the southern US border as part of his immigration policy, and to make the Mexicans pay for it.

Meanwhile, in the Philippines, whenever Duterte opens his mouth and says something controversial, both local and foreign media end up scratching their heads and asking themselves, "Did he really mean that?"   

For some of his Cabinet officials, the past 6 months have also been spent explaining, interpreting, or clarifying many of his controversial statements.

They have also blamed the media for taking Duterte’s words “out of context,” accusing them of bias, and even suggesting that they use “creative imagination” in handling the words of the Bisaya president. (READ: 'Creative imagination' under Duterte, or interpreting what he says)

Example? Remember during one of his tirades against critics of his war on drugs, Duterte threatened to leave the United Nations. Two days later, he declared that it was a joke – after Foreign Secretary Perfecto Yasay Jr said the statement was made out of extreme disappointment and frustration. 

The "seriously, but not literally" line of Andanar is not too original, it turns out. – Rappler.com

Bongbong Marcos brings relief goods to Leni's bailiwick

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DEVASTATED. Residential areas in Naga City are shattered by Typhoon Nina. File photo by Jerome Ruiz Berja/Rappler

During the 2016 campaign, former senator Bongbong Marcos and his cousin former Leyte representative Martin Romualdez were always together, people mistook them for a tandem.

Both of them lost in their respective national bids – Marcos is contesting the results of the vice presidential race – and they were no longer seen as often in public events. On Friday, January 6, the cousins appeared together again, this time – of all places – in the bailiwick of Marcos' toughest rival in the May elections.

Marcos and Romualdez went to some areas in the Bicol region struck by Typhoon Nina during the holidays, including Vice President Leni Robredo's home town, Naga City, in Camarines Sur.

The cousins also visited the towns of San Fernando and Lupi in Camarines Sur and Legaspi in Albay. The two provinces were put under a state of calamity after the typhoon.

People who watched Marcos and Romualdez in the Bicol cities and towns could not help but wonder whether their appearance is a prelude to 2022, a recurring thought in some people's minds since the May elections. (READ: Will it be Bongbong Marcos-Martin Romualdez in 2022?)

Well, Robredo isn't imputing politics into the gesture. At a time of need, she said, all kinds of help, regardless of the source, are welcome.

"Gaya ng sabi ko, panahon ito na magkaisa tayong lahat kahit ano ang pulitika. Kaya kahit nandito sa amin si Senator Bongbong, very much welcome ang pagpunta niya. Kasi ang dami nating kababayan na nangangailangan ng tulong kaya lahat na klaseng tulong gusto natin iyon," she said in an interview. (READ: Robredo visits Nina-hit CamSur: 'I wish I was here'

(Like what I've said, in times of calamity, we need to unite whatever party we may belong in. So if Senator Bongbong is here, his presence is very much welcome. Because we have many countrymen who need help so we would want every bit of aid.)

During the May elections, Marcos lost to Robredo by just 200,000 votes. The son and namesake of the late strongman protested Robredo's victory before the Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET). He accuses Robredo and the Liberal Party of electoral fraud. – Rappler.com

5 reasons the gold shipment complaint vs Aquino is a joke

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WRONG FACTS. In Perito and Cantora's affidavit, Mar Roxas is Secretary of Department of Nutrition and Local Government and Leila De Lima is Secretary of Department of Finance.

On Friday, January 6, a certain Rogelio Cantora filed with the Office of the Ombudsman a plunder complaint against former president Benigno Aquino III for allegedly authorizing the illegal transfer of 3,500 metric tons of gold from Switzerland to Thailand.

Cantora was accompanied by lawyer Fernando Perito, a member of the Integrated Bar of the Philippines.

In his affidavit, Cantora alleged that Aquino and some of his officials attempted to transfer gold reserve worth $141.2 billion from the Union Bank of Switzerland to the Bank of Thailand during his watch.

A certain Patrick Lami supposedly intercepted the transfer and chased the paperwork far enough to uncover that there is a BSP Circular 49 that would implicate the officials in the illegal transfer.

Introducing himself as a former examiner of the Bangko Sentral ng Pilipinas (BSP), Cantora also named the following in the complaint: former interior secretary Mar Roxas, former justice secretary Leila de Lima, former finance secretary Cesar Purisima, Franklin Drilon as former Senate president,  and BSP Governor Amando Tetangco Jr.

The only sites carrying reports on BSP Circular 49 are blogs, such as trendingnewsphfile.net, netizensph.com, and definitelyfilipino.com. According to these blogs, De Lima, Roxas, Drilon, Purisima, and Tetangco signed the circular in December 2014 by and coursed it through the Office of the President.

But here are 5 reasons these allegations should be taken with a grain of salt:

  1. Circular Number 49 is a circular issued in  September 20, 1994, and not 2014,  on a totally different subject matter.
  2. BSP circulars are issued by the Office of the Governor, yet the fake Circular 49 is signed by Cabinet secretaries and the Senate President.
  3. "RA 7665," cited as the basis to produce the dollars, is actually the law that increases the minimum wage of househelpers.
  4. "RA 7735," which supposedly authorizes the conversion of money to a humanitarian fund, is in fact the act to establish a National High School in Mawab town, Davao.
  5. The affidavit identifies Leila de Lima as the former secretary of the Department of Finance, and Mar Roxas as the former secretary of the Department of Nutrition and Local Government.

"A cursory examination of the said document readily shows that it is spurious," BSP's legal counsel Elmore O. Capule told Rappler in an email.

Aquino's former deputy presidential spokesperson Abi Valte said in a statement: "How does one answer a complaint so patently absurd on its face? It defies logic, which is not surprising since it came from a fake news site. The blatant disregard for simple facts is revealing of the provenance of the allegations. May kasabihan sa Tagalog: ang pumatol sa baliw, baliw."

(There's a saying in Tagalog: Anyone who stoops down to the level of a lunatic, is a lunatic.)

"The Honorable Ombudsman must not delay the investigation of this case, it being of National interest and for economic survival of the country. To say the least, this is the grandmother of all plunders involving dollars like $143,000,000,000.00 or a seizable trillion of pesos," the affidavit read. – Rappler.com

Koko Pimentel's 2017 resolution? No more evasion of media

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2017 RESOLUTION. Senate President Aquilino Pimentel III says for 2017, there's no more running away from the media. File photo

The media could expect a more accessible Senate President Aquilino Pimentel III this 2017. That is, if he sticks to his supposed New Year's resolution.

Pimentel was a media-friendly senator but became aloof when he assumed the Senate presidency in July 2016.

Unlike other allies of President Rodrigo Duterte in the chamber, Pimentel has not been as vocal in expressing his sentiments on the controversial policies and statements of the President. In fact, he often avoids the press, usually by rushing to go up his rostrum.

It is not surprising, especially if one would consider the position he is in. He has not agreed with all executive actions and statements of the new administration. He openly opposed Duterte on the hero’s burial forthe strongman Ferdinand Marcos and has been quiet on the bid to restore the death penalty and the issue of extrajudicial killings, among others.

Directly asked if he intends to change his attitude toward the media, Pimentel gamely responded, “Ay oo, part sa New Year’s resolution natin yan (Oh yes, that's part of our New year's resolution)."

“Oo, walang habulan na. Sabihin mo sa kanila (Yes, no more game of tag. Tell the other media),” he told Rappler in jest on Friday, January 6.

Aside from this, the Senate leader said he has also resolved to go “all out” in support of the shift to federalism– a long-standing proposal of his father, former Senate president Aquilino Pimentel Jr.

“The biggest resolution I have made is to now go all out and be exposed to the public in support of the President’s program of government to adopt the federal system of government,” he said Friday in his speech at a JCI event in Mandaluyong.

Will he be able to do these? As with anything, we just have to wait and see. – Rappler.com


Devotees mark Nazarene feast in time of killings

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STERN WARNING. Hanging by the facade of Quiapo Church, this red tarpaulin serves as a stern warning against the recent killings. Photo by Franz Lopez/Rappler

MANILA, Philippines – Sounds of gunfire roused 51-year-old Remedios Ocampo from her afternoon nap in one of the slums of Manila at around 6 pm on July 28, 2016.

Ocampo's nephew, 24-year-old Gabriel Ocampo Garcia Jr, was reportedly killed by policemen for resisting arrest. Garcia had been accused of involvement in the illegal drug trade. 

Ocampo said Garcia's death was painful. "Bata pa naman 'yon, tapos may asawa't anak 'yon. Dalawang anak no'n. 'Yung asawa niya no'n bagong panganak pa," she said. (He was young, and he had a wife and children. He had two children. His wife even just gave birth recently.)

Garcia is among the over 6,200 people killed since July 1, 2016, when President Rodrigo Duterte launched his war on drugs.

Ocampo, on the other hand, is among millions of devotees of the Black Nazarene. 

On Monday, January 9, Ocampo is set to join up to 8 million other devotees in the annual Black Nazarene procession in Manila, called the Traslacion. 

For devotees like Ocampo, the Feast of the Black Nazarene is different this year, with the recent loss of relatives and friends in the war on drugs waged by the Philippine government.

Ocampo said she plans to pray for her nephew, as well as their other deceased relatives, during the Feast of the Black Nazarene.

"Sa pamangkin kong namatay, sana kung saan man siya ngayon naroroon, matahimik din ang kaluluwa niya kahit gano'n ang nangyari sa kanya," she said.

(For my nephew who died, wherever he is right now, I wish his soul rests in peace even if such a thing happened to him.)

The recent killings in the Philippines pose an unprecedented challenge for the Catholic Church.

We asked Monsignor Hernando Coronel, rector and parish priest of Quiapo Church, which houses the 17th-century image of the Black Nazarene, about how Quiapo Church is caring for the victims' families.

In an interview with Rappler, Coronel explained that the Archdiocese of Manila, which covers Quiapo Church, has a rehabilitation program for those involved in illegal drugs. 

"'Yung rehabilitasyon, hindi lang ito para pampakita sa media, kundi tunay ito. Una na muna, ang tugon natin ay dapat kaagad, malawakan, at saka walang publisidad," Coronel said. 

(On rehabilitation, this is not only for show before the media, but this is real. First of all, our response should be immediate, comprehensive, and without publicity.)

Need for 'accompaniment'

What about the spiritual needs of devotees who have had relatives who died in this spate of killings?

Quiapo Church, after all, is the spiritual refuge of millions of Filipinos.

For centuries, devotees have prayed before the miraculous image of the Black Nazarene. 

Many of them coming from poor families, devotees pray for things that seem impossible. (READ: Making sense of the Nazarene devotion)

Coronel, for example, recalled a person who was blind but now can see, another who drowned already but survived, and a couple who remained barren for 8 years and now have a daughter named Olivia. 

For devotees who lost their loved ones in the war on drugs, Coronel said faith in the Black Nazarene continues to matter.

Coronel said: "Minsan ganon e, ‘yung taong mahapdi ang sugat. Kung nabibigatan ka na, kunyari isang taong maysakit, kumikirot, mahapdi, ang sakit, ang kirot, pero minsan nawawala yung kirot o sakit kung nandyan ang Nazareno."

(Sometimes it's like that, for people who have painful wounds. If you already feel burdened, for instance if you’re sick and there's stinging pain, it sometimes goes away if the Nazarene is there.)

For devotees in a moment of grief, Coronel said priests like him should be ready for "accompaniment." He said it is important for priests like him "just to be there." 

Ocampo shared the same views about keeping faith despite losing relatives. 

"Kailangan talaga nating magtiwala kasi ang sabi nga, hindi niya tayo bibigyan ng pagsubok kung hindi natin kaya," she said. 

(We really need to have faith because as they say, he will not give us trials that we cannot face.)

Referring to the anti-drug campaign Oplan Tokhang, she added, "Doon sa mga kapwa ko deboto na may kamag-anak o kapamilya na natokhang, huwag kayong mawalan ng pag-asa at saka magtiwala pa rin sa Panginoon.

(For my fellow devotees who have relatives who died in the war on drugs, do not lose hope and continue to have faith in the Lord.) 

Ocampo said she opposes the spate of killings in the war on drugs. 

She added it is important to give a person due process. "Sabi nga, puwede naman ikulong, kung kailangan ikulong." (As they say, we can always jail them if they need to be jailed.) 

'Diyos na ang nakakaalam'

Other devotees of the Black Nazarene also gave their views on the war on drugs.

Nazarene devotee Michael Alexis Mino, 25, said he feels bad to hear about killings every day. "Lahat ng tao, nagkakamali rin, kaya kailangan mo talaga, ikulong na lang natin, huwag na nating patayin." (All people make mistakes, so what we need to do is to jail them. Let us not kill them.)

Peter Bustamante, a 41-year-old Nazarene devotee, on the other hand said he favors the killing of drug suspects. 

Apparently referring to young people who use illegal drugs, Bustamante explained, "Ang mga kabataan, lumalaki, nagiging bastos po ngayon." (Many young people have been growing up disrespectful.)

A devotee of the Nazarene for 5 decades, 70-year-old Lucila Lim said she does not believe that many drug suspects resist arrest – the common reason given by the police for killing them.

Lim said: "Alam mo wala na akong ibang sinasabi, Diyos na ang nakakaalam niyan – ‘yung nasa taas. Sana maghimala ang Mahal na Poong Nazareno sa ginagawa ng mga tao na ‘yan."

(You know, I say nothing else but that the Lord knows what to do – the one up there. I hope the Black Nazarene will perform a miracle, with all that these people are doing.) 

In the face of all these killings, Quiapo Church, the home of the Black Nazarene, stands as a silent witness.

Hanging by the facade of this refuge for millions of Catholics, a red tarpaulin issues a stern warning: "Huwag kang papatay." (Thou shall not kill.)   – Rappler.com

#LeniLeaks: Speculations based on fragmented emails

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INCRIMINATING EMAILS? The internet explodes into a frenzy over supposed leaked emails from the Office of the Vice President containing negative messages about President Rodrigo Duterte.

The buzz started among bloggers known to be pro-Duterte, and gained traction when no less than the Palace communications secretary picked it up for his podcast: Vice President Leni Robredo is supposedly conniving with United States-based groups to oust the President.

The basis of their allegation: parts of an email thread on Yahoo! Groups that one blogger was alerted about, and which another blogger was able to preserve through an archiving service. (The original thread could no longer be accessed online.) Neither Robredo nor any of her staff was part of the thread.

Robredo, therefore, should be charged with sedition for plotting against President Rodrigo Duterte, an anonymous blogger suggested. She's even liable for graft, the blogger added, for supposedly using government money to do so.

So how solid is this #LeniLeaks, as they call it?

It doesn’t hold water, if based only on the “leaked” information.

The available info

Based on the screen shots of the archives taken by blogger 2:

  • The Yahoo! Group of the Global Filipino Diaspora Council (GFDC) showed that on December 4, 2016, its most prominent member, Fil-Am philanthropist Loida Nicolas-Lewis, was corresponding with a certain Cornelio R. Natividad about a plan to help Robredo's legal defense in the electoral protest filed against her by former Senator Ferdinand “Bongbong” Marcos Jr.
  • On January 4, 2017, Lewis' sister Imelda Nicolas, also influential among Fil-Am groups, shared with the group a private Facebook message sent to her by a certain Pete Silva. The text said, “FROM OVP SOCMED” (or from the Office of the Vice President’s Social Media Team), and detailed what seemed to be the OVP’s communications strategy to counter criticism that Robredo was in the US when Typhoon Nina hit her home region on Christmas Day.
    • The strategy includes diverting public attention to former Senator Marcos by name calling his son Sandro and reviving the Oxford University controversy. (READ: Did Bongbong Marcos lie about Oxford, Wharton?)
    • Another part of the message compared Robredo’s visit to Bicol after the typhoon with Duterte’s: “Compare the Duterte and the Robredo visit in Bicol. Digong just gave a speech for the ‘ceremonial giving of donations.’ He did not go to the far-flung areas to know their concerns. He never interacted with his constituents. He went there with the media only because he needs to be seen there. VP Leni, on the other hand, visited far-flung areas and met with the people. She is on ground zero.”

Based on these, they speculated: Lewis supported Duterte’s rival Mar Roxas and running mate Robredo in the 2016 election, and had publicly called for the President’s resignation after that. There was a message, supposedly from a unit from the OVP. Robredo was in the US during the holidays, according to news reports. Therefore, they said, she probably met with Lewis to discuss the plot to unseat Duterte.

A conversation on Yahoo! Groups shows Fil-Am philanthropist Loida Nicolas-Lewis responding to calls to help Vice President Leni Robredo.

Loopholes in the ‘leak’

1. There’s a call for Duterte’s resignation, but not a move for his ouster. The email thread shows Lewis saying: “The only way to fight this evil plot to unseat VP is to ask Duterte to resign. After all, he promised to resign in six months if he has not solved the drug epidemic in the Philippines. He asked for an extension of another six months. Extension denied! Join Duterte Resign Movement.”

In an email to Rappler on Monday, January 9, Lewis confirmed that there is indeed a Resign Duterte Movement. It is “based on President Duterte’s own words that he would resign if drugs are still rampant 6 months after his inauguration,” she said. 

She did not categorically confirm that the retrieved messages are authentic (the email thread was posted on a public Yahoo! Groups page), but said there is a public site for the Global Filipino Diaspora Council, and plots, if ever there’s one, are not discussed in public sites. She said there is no plot to oust the President.

Legal and policy expert Tony La Viña makes the distinction: “Sedition is a call for an illegal act. There was no illegal act being called. To call for the President’s resignation is a free political exercise.”

Robredo herself said on Saturday, January 7, that she is against any move to oust the duly elected Chief Executive. “Ito pong oust Duterte, siguradong hindi ako kasali kung mayroon mang ganyang plano…. Naniniwala po ako na hindi makakabuti sa bansa natin na gumawa na naman tayo ng oust-the-President movement.”

(This alleged plot to oust Duterte, I'm definitely not involved in that. I believe it won't be good for our country if we launch an oust-the-President movement.)

2. Robredo and Lewis deny meeting in the US over the holidays. Lewis, who is based in New York, said in an email to Rappler, “I did not know she was in the US until she had already left.” Robredo was with her kids in Pennsylvania for a clan reunion.

In a chance interview on Monday, January 9, Robredo said the last time she spoke to Lewis was during her vice presidential campaign in the first half of 2016. Also a Bicolana, Lewis supported Leni’s congressional campaign in Camarines Sur in 2013.

 

3. So far, there is no connection established between the Pete Silva who forwarded the message from the supposed OVP social media group and Robredo’s office or Robredo’s campaign.

If ever the list of media strategies was authentic, La Viña said, “I don't see anything there that is outside normal. Every politician will have his own communications strategy.”

The controversial post which supposedly came from the Office of the Vice President shows a detailed communication plan to counter the attacks against Robredo.

La Viña added: “This is a product of a wild and active imagination. It’s adding a plus plus when there's nothing there. [if somebody files a case], it would not even pass the secretary of justice.”

True enough, on Monday, the justice secretary – President Duterte’s appointee – said the speculations are not worth probing. At least 3 Cabinet members also said they had more important matters to take up in Malacañang than this "destabilization" plot that Secretary Andanar wanted on the agenda. – Lian Buan/Rappler.com  

Counterterrorism: Why the death of AKP's Tokboy matters

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PRO-ISIS LEADER. Photo shows an old mug shot of Mohammad Jaafar Maguid, the slain leader of local terror group Ansar Khalifa Philippines, who worked with foreign terrorists. File photo from the Sarangani Information Office

MANILA, Philippines – The hunt for Mohammad Jaafar Sabiwang Maguid or "Tokboy" ended on January 5, 2017, when the leader of the local terrorist group that is believed to have the "closest links" with Islamic State (ISIS) fighters in Syria was killed in a police operation.

The police's most wanted person in Sarangani, Maguid was a bomb maker trained by Malaysian terrorist Marwan who was killed in the infamous January 2015 Mamasapano operation in Central Mindanao.

The local police tagged Maguid as behind various killings and instances of robbery, extortion, and arson, among other crimes, in the Soccsksargen region, particularly in Sarangani, General Santos, and Sultan Kudadrat. He had a P300,000 ($6,000*) bounty on his head.

A high-ranking intelligence officer said Maguid's death also spelled the death of his group Ansar Khalifa Philippines (AKP), one of the local terrorist groups that pledged allegiance to ISIS. (There is no agreement on how to spell the group's name. It is also called Ansar al-Khalifa, Ansarul Khilafa, and Ansar Khilafa.)

Maguid's death means that AKP is one less group to worry about for Philippine security officials, who have watched the pro-ISIS local terror groups forge tactical alliance in the wake of pronouncements of declaring a wilayat or province in the southern Philippines. (READ: ISIS to declare a province in Mindanao?)

"Ansarul Khilafa, originally based in Sarangani, may be the group with the closest links to fighters in Syria. It is now clear that AKP worked with the Maute Group on the Davao market bombing; the shared ideological commitment has become an operational alliance," according to a report of the Institute for Policy Analysis of Conflict (IPAC), an Indonesian think-tank, that was published in October 2016. 

RED CAR. Mohammad Jaafar Sabiwang Maguid was intercepted on board a red Toyota Wigo in the vicinity of Angel Beach Resort in Barangay Kitagas of Kiamba town on January 5, 2017. Photo obtained by Rappler

AKP is believed to have worked with the Maute Group in the September 2016 bombing of a market in Davao City, the hometown of President Rodrigo Duterte, in an apparent attempt to distract the military from its focused operations against the Abu Sayyaf Group in Sulu and Basilan in the aftermath of its beheading of Canadian hostages. 

Maguid's death also means one less group that would radicalize students online. "Tokboy also reportedly was successful in recruiting students from a variety of campuses in General Santos City, Cotabato and even Lanao Del Norte on the promise of getting them advanced religious training," the IPAC report added. 

Closest links to ISIS fighters in Syria

AKP does not get as much attention in the media as the other pro-ISIS groups. But it is feared by terror experts and observers largely because it is said to have the closest connection to ISIS fighters in Syria – among local terror groups here.

IPAC identified 2 "critically important connections" between Maguid and ISIS in Syria – Indonesian Saifullah Ibrahim, also known as Ibrahim Ali and Sucipto, and Filipino Mohamad Reza Kiram.

There was no evidence that AKP itself had activated those links with ISIS fighters, but the possibility had been a cause for concern.

AKP also had extensive links with jihadi groups in the region, particularly Indonesia and Malaysia. "Some of those ties go back more than a decade and were forged in prison. They can easily be reactivated through social medi aand mobile phone links," the report added. 

RED CAR. Mohammad Jaafar Sabiwang Maguid was killed at Angel Beach Resort in Barangay Kitagas of Kiamba town on January 5, 2017. Photo obtained by Rappler

Saifullah Ibrahim, who has long been operating in Mindanao and is behind the 2002 bombing of Fitmart stores in Tacurong and General Santos, made connections with ISIS fighters when he was arrested and temporily detained in Indonesia. He was extradited to the Philippines and spent long years in jail until he was acquitted and released in 2014. 

Saifullah Ibrahim, who generally served as a "conduit for funding through Indonesia," immediately joined Marwan in Maguindanao, according to IPAC. He moved in with AKP upon the death of Marwan in the botched Mamasapano operation in January 2015. He was killed by the Philippine Marines in Palimbang, Sultan Kudarat, 10 months later. 

The other connection was the Tausug Mohamad Reza Kiram or Abdulrahman. The man believed to be responsible for the 2012 Zamboanga bus bombing was seen training AKP recruits in 2014, according to IPAC. He reportedly later left for Syria to join the fight there.  

In the aftermath of Maguid's death, security operations are now focused on pursuing the foreign terrorists he had been working with and prevent them from joining the other pro-ISIS organizations. (READ: Cops kill foreign terrorist, Tokboy's 'patner'– Rappler.com

*$1=P50

 

U.S. citizenship issue hounds Yasay ahead of CA confirmation

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TOP DIPLOMAT. Philippine Foreign Secretary Perfecto Yasay Jr speaks during a forum at the Center for Strategic and International Studies headquarters on September 15, 2016 in Washington, DC. Photo by Zach Gibson/AFP

MANILA, Philippines – Did Foreign Secretary Perfecto Yasay Jr lie when he declared he has always been a Filipino and had never been an American citizen?

On November 28, an irked Yasay responded to Rappler's questions about his citizenship, saying, "I am a Filipino, I have always been a Filipino, and I have never been a US citizen. I continue to be a Filipino, so that's the end of the story."

Asked if he ever owned a US passport, Yasay replied, "I did not own a US passport, all right?"

Yasay was asked these questions because under the Philippine Citizenship Retention and Re-acquisition Act of 2003 or Republic Act (RA) 9225, appointed public officials like Yasay cannot be a citizen of another country.

Section 5 of RA 9225 says: "Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, that they renounce their oath of allegiance to the country where they took that oath." 

Questions about Yasay's citizenship, along with a slew of other issues, have surfaced as the Commission on Appointments (CA) has yet to confirm him as secretary of the Department of Foreign Affairs.

On November 22, Rappler requested the CA, through Senate President Aquilino Pimentel III, to provide information about Yasay's US citizenship. More than a month since that request, we still have not received this information as of posting time.

If Yasay lied about his citizenship, this can be raised against him at the CA, which is tasked to examine the "integrity, competence, and fitness" of presidential appointees.

Yasay and US passport

While Yasay said he was never an American and never owned a US passport, at least 4 independent sources told Rappler otherwise.

In separate correspondences, two US government sources confirmed to Rappler that Yasay used to be a US citizen. They spoke on condition of anonymity because US privacy laws bar them from officially confirming if Yasay was an American.

In the Philippines, two other sources confirmed that Yasay used to own a US passport. Rappler found out that he had a US passport with No. 121190223, which he supposedly used in travels from 2007 to 2009.

The year 2009 saw Yasay preparing for the 2010 elections, when he ran for vice president alongside presidential bet Brother Eddie Villanueva. RA 9225 requires candidates for public office to renounce "any and all foreign citizenship."

Yasay renounced his US citizenship, according to at least two sources privy to the information, and used for the last time his US passport for travels to the Philippines in 2009. But he denied he was ever a US citizen when asked directly.

Ted Laguatan, an immigration lawyer based in the US, explained that "only US citizens can have US passports". Recognized as an expert-specialist in immigration law by the California State Bar, Laguatan also said, "If a person holds a valid US passport, he is undoubtedly a US citizen."

CITIZENSHIP QUESTIONED. Despite questions about his citizenship, Foreign Secretary Perfecto Yasay Jr says he has never been a US citizen. File photo by Zach Gibson/AFP

Benefitted from US

While the DFA chief said America "has failed" the Philippines, Yasay, 69, lived and worked in the US for years. 

Yasay was admitted to the New York Bar in 1979, according to data from the New York State Unified Court System. 

His registration status is "delinquent" as of January 8, the New York State Unified Court System said. This means Yasay has not paid his dues as a lawyer in New York.

Yasay also taught law as a visiting professor at the William S. Richardson School of Law at the University of Hawaii. 

His profile on the DFA website says he also wrote articles on law "published in US-based Philippine newspapers and magazines," and hosted a "live radio broadcast in Metro New York," where he advised listeners with legal concerns.

In a letter dated and received on December 2, Rappler requested the Bureau of Immigration (BI) for a copy of Yasay's travel records from January 2006 to November 2016.

After weeks of processing, the BI said they sent a formal reply to Rappler's request on December 29, or 18 days after the BI received the letter from Rappler. We have, however, not received the BI's response, reportedly sent through regular mail, as of posting time. 

Criminal charges filed by BSP

Aside from his US citizenship, another issue often raised against Yasay is his having been charged by the Bangko Sentral ng Pilipinas (Central Bank of the Philippines) before the Department of Justice in April 2011.

Having pending cases is one of the things weighed by the CA. The CA requires each appointee to issue a statement, under oath, on whether he "has any pending criminal or administrative case against him." 

Elmore Capule, general counsel of the BSP, said that Yasay's cases "are still pending investigation" at the DOJ as of December 1, or more than 5 years after the BSP filed these charges.

These cases had been "submitted for decision 3 years ago," Capule said.

The BSP on April 4, 2011, had filed 4 criminal charges against Yasay, then director of Banco Filipino, and 9 other Banco Filipino officials "for falsification, grant of illegal loans, and major violations of banking laws."

The BSP said these Banco Filipino officials "repeatedly violated several laws" on account of the following:

  • "Willful refusal to stop the conduct of unsafe, hazardous, and unsound banking practices"
  • "Falsification and issuance of false statements to hide the true financial condition of the bank"
  • "Willful refusal to file audited financial statements"
  • "Willful refusal to report DOSRI (directors, officers, stockholders, and other related interest) loans"
  • "Twenty-six counts of willful refusal to comply with numerous banking laws and BSP directives"

The BSP pointed out that Banco Filipino "engaged in hazardous lending and lax collection policies and practices."

Former Philippine ambassador to the US Jose Cuisia Jr said in a phone interview with Rappler on October 11, "Frankly, that's very embarrassing if a secretary of foreign affairs has pending cases."

Cuisia explained: "Anywhere he goes, he is the representative of the President. And if he has some pending cases, no matter, even if he has not been charged, would that not be quite embarrassing for the country?" 

'Don't put words into my mouth'

On top of his cases before the DOJ and his citizenship, Yasay has been questioned for the truthfulness of his statements during his first 5 months in office. 

The most striking example was when he denied in Manila a statement he made in Laos in July 2016. 

In Laos back then, Yasay denied that the Philippines pitched to include Manila's legal victory against Beijing in a joint communiqué of foreign ministers of the Association of Southeast Asian Nations (ASEAN).

"Never, never did," Yasay said in an interview with Filipino reporters in Laos on July 26. 

Yasay explained, "Hindi naman kasama 'yung ibang nasyon doon sa pag-file natin ng kaso sa arbitral tribunal, so bakit tayo mamimilit na ilalagay 'yan sa ASEAN statement?" (The other countries are not part of our filing of the case before the arbitral tribunal, so why would we insist that it be put in the ASEAN statement?)

A day later, Yasay made a complete turnaround. In Manila on July 27, Yasay was asked a follow-up question about his statement in Laos. In response, he claimed that he "never said those things."

In fact, Yasay said, he "vigorously…pushed for the inclusion and mentioning of the arbitral tribunal award" in the ASEAN statement. "Please don't put words into my mouth," Yasay said in Manila. 

An audio recording obtained by Rappler, however, showed a lying Yasay in Manila. Based on the recording, he indeed said in Laos that the Philippines "never" pitched to include the ruling against Beijing. 

Yasay also told reporters in Laos, "Please, okay, don't put words into my mouth." (Watch and compare Yasay's statements in Manila and Laos, side by side, in the video below.)

 

Duterte's dorm roommate

Yasay had drawn flak even before he took office on June 30.

Once, at a restaurant in June, a former DFA secretary even approached him to say, "You are the least qualified to become secretary of foreign affairs! Mr Duterte should not have considered you!"

In an interview with Rappler, Yasay said he "just smiled at him" and said, "Thank you for your comments, your critical comments. These would be helpful in keeping me on track as I do my work."

Yasay said his demeanor back then was an example of his diplomacy and tactfulness – crucial skills for a secretary of foreign affairs.

DORM ROOMMATES. Foreign Secretary Perfecto Yasay Jr says he used to share a dormitory room with President Rodrigo Duterte. File photo by Toto Lozano/PPD

Yasay, who chaired the Securities and Exchange Commission from 1995 to 2000, had no previous experience at the DFA.

He was best known for testifying at the impeachment trial of then president Joseph Estrada, who was ousted in 2001. He accused Estrada of corruption and abuse of power.

Yasay later ran for senator in 2001, and for vice president in 2010, but lost in both elections. 

Decades before these, Yasay shared a dormitory room with Duterte when they were law students. 

Both Yasay and Duterte finished law in 1972, though they studied in different schools – Duterte in San Beda College and Yasay in the University of the Philippines.

Yasay, who called Duterte a "very disciplined" while "very nocturnal" student, became one of the President's top campaigners in the 2016 elections.

Yasay told Rappler that his appointment at the DFA, however, came as a surprise. He learned only around 30 minutes before Duterte announced his name to the public that the President wanted him at the DFA.

Without a doubt, Yasay has Duterte's full confidence.

Quelling rumors that Yasay was on his way out of the DFA, Duterte said as early as July last year, "I would like the Philippines to know that I personally pleaded with Secretary Yasay to join my government because he is competent and honest, and he knows his business."

Duterte said, "Yasay speaks for me." – Paterno Esmaquel II and Chay F. Hofileña/Rappler.com

Congress 2017: Bleak prospects for shift to federalism

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FEDERALISM. The future of federalism in 2017 is dim, as several contentious issues have to be settled first by Congress.

MANILA, Philippines – Although it is one of the cornerstones of President Rodrigo Duterte’s campaign and government, the proposed shift to federalism faces a bleak future in 2017, according to lawmakers.

Federalism is such a complicated arena that Congress has to first settle several contentious issues before deciding on whether to change the system of government.

Who are in favor of or against the measure? What type of federal government should the country adopt? How would the Constitution be amended? 

Politicians, by practice, also take into consideration public sentiment in their decisions. Results of a Pulse Asia survey in August 2016 show that 44% of its 1,200 respondents nationwide oppose charter change while 37% are in favor of it.

With Duterte’s still high approval ratings as political capital, it is expected that he would further rally his allies in Congress around this initiative. It's hardly a problem in the House of Representatives filled with newfound allies. But in the Senate, where the "supermajority" is only a name, Duterte’s proposal might have an extra difficult time.

Strong support from the Speaker 

In the House, Duterte counts 267 congressmen as his allies. They are the lawmakers who are the President’s party mates at the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) and the congressmen whose respective political parties signed coalition agreements with the ruling party.

It is no wonder that the committee on constitutional amendments easily approved the concurrent resolution calling both the House of Representatives and the Senate to convene as a constituent assembly. 

A constituent assembly is one of the 3 modes the 1987 Constitution provides to amend the charter. Under it, lawmakers turn themselves into a body to propose amendments, which will then be subjected to a plebiscite.

The two other modes are via a constitutional convention (Con-Con) – wherein a separate body will be created through popular vote or presidential appointments – and a people’s initiative, which until now awaits an implementing law.

Duterte had initially preferred a Con-Con, but later opted for a constituent assembly because it is cheaper. 

Like his party mate Duterte, Speaker Pantaleon Alvarez is a longtime champion of federalism. Under Alvarez’ leadership, the House has appointed 13 deputy speakers tasked to represent their regions as envisioned should the Philippines become a federal state.  

Alvarez even helped Malacañang draft the executive order that formed the Constitutional Commission (Con-Com), a council of experts and constitutionalists who will study possible amendments to the charter and submit their report that will serve as a guide for a constituent assembly.

“The cornerstone of the shift to federalism is clarity in the sharing of powers between the national government and the local states. If done prudently, it will clean up jurisdictional overlaps and duplication of functions, and harmonize tension points,” said Alvarez.

“No more need to play tug-of-war with the national government. No more unnecessary strings from faraway Manila that strangle and suffocate,” added the representative of the 1st district of Davao del Norte.

In his New Year message, Alvarez also said it is “only through federalism that we can break the barriers of a fatally flawed Manila-centrist government to one that grants political and economic autonomy to all of our country's regions.”

The House constitutional amendments panel, chaired by Southern Leyte Representative Roger Mercado, has been consulting with various sectors since the latter half of 2016 to determine what amendments they prefer should the Philippines shift to federalism.

‘Open’ to debates

Unlike the Speaker who strongly believes federalism will happen under the Duterte administration, Majority Leader Rodolfo Fariñas remains open to any outcome that will come out after legislators – and even the public – debate on charter change. 

Magkakaroon ng broad hearing here in both houses. Wala kaming timeline,” Fariñas told Rappler. (There will be broad hearings here in both houses. We don’t have a timeline.)

“You don’t have a quick and fast solution here. So ide-debate 'yan (So we will put it up for debate)…. We have to put it on the table para mag-evolve (so it will evolve). Bandang huli, baka malaman natin hindi rin pala pupuwede, pero kailangan umpisahan mo ito (In the end, we might even find out that it is not possible, but you have to start somewhere),” said the Ilocos Norte 1st District representative. 

Still, Fariñas described federalism as the “highest kind of decentralization,” citing how federal states become primarily responsible for their own laws, finances, development, infrastructure, culture, education, and industries. (READ: Federalism's implications on our legal and judicial systems)

The Majority Leader also fired back at critics of the constituent assembly, who said that lawmakers cannot be trusted to amend the 1987 Constitution without putting their interests ahead of the nation’s. (READ: The problem with Con-Ass? Distrust of Congress

“Congress cannot be trusted? So we should close Congress already. Who would be appropriating funds if we cannot be trusted? How can we be interested in impeaching everybody if we cannot be trusted? Mga cynics na 'yung nagsasabi ng ganyan (The people saying that are cynics),” said Fariñas. 

“It is only Congress [which] can pass laws and can even make proposals to amend the Constitution. Whether constitutional convention or not, it’s the call of Congress. If Congress cannot be trusted, then you don’t trust the people because tao naman ang naglagay sa amin diyan eh (it is the people who put us in office),” he added. 

Uphill battle in the Senate?

While charter change and federalism may have a smoother track in the House, they are likely to face an uphill battle in the Senate.

The leadership is generally in favor of a shift to federalism, but the primary and secondary committees tasked to study charter change are known critics of President Duterte and members of the former ruling party, the Liberal Party (LP).

The main panel is the Senate committee on constitutional amendments and revision of codes headed by Senate President Pro-Tempore Franklin Drilon. His vice chairpersons are senators Francis Pangilinan, acting president of the LP, and Leila de Lima, Duterte’s fiercest enemy. 

De Lima also leads the secondary committee – electoral reforms and people’s participation.

Drilon has not yet publicly given his definite stand on the issue, while Pangilinan and De Lima have expressed doubts over Duterte’s plans, especially after his statements favoring martial law.

“We are still undertaking hearings, but offhand, given the current political uncertainty as to other charter change issues, such as the proposal to remove constitutional safeguards on the imposition of martial law, I believe it would be unwise to proceed with amendments,” Pangilinan told Rappler in a message.

It is too big a risk, De Lima said. The principle of checks and balances might be weakened once the Constitution is amended under the present government.

She added that safeguards against martial law and term limits could be removed under charter change.

“These are not ideal circumstances. It's the worst time to tinker with our Constitution. It's too big a risk, especially given the kind of power-hungry, abusive, and morally bankrupt leaders calling the shots these days. I cannot trust a regime with authoritarian and oppressive tendencies and propensity to engage in outright lies and deceptions to initiate changes in our Constitution,” she said.

SC to decide constituent assembly voting?

Another contentious matter for senators is the mode of amending the charter, with some senators opting for Con-Con than constituent assembly.

For senators, there is a far more complex issue than the budget to be spent under each mode – that is, whether the two chambers would vote jointly or separately. As expected, the 24-member Senate is pushing for the latter so as not to render themselves irrelevant alongside hundreds of congressmen.

The 1987 Constitution is silent on whether the two chambers convening in an assembly should vote together or separately on the constitutional amendments.

Some senators have said the issue would likely reach the Supreme Court. Another high-ranking source, who refused to be identified, said the Senate would surely bring it up to the SC, especially if Duterte, known for flip-flopping on his statements, would change his mind – again.

As early as August 2016, Senator Panfilo Lacson said that he sees the SC’s role pivotal in the process.

“'Yung [constituent assembly], sabi ko most controversial kasi hindi klaro sa 1987 Constitution, ang sinasabi dun, three-fourths votes of all the members. Hindi naman sinabing voting jointly or separately so magkakaroon ng debate and ang nakikita ko aabot at aabot sa Supreme Court so lalong matatagalan,” the senator said in a television interview.

(Constituent assembly is most controversial because it is not clear in the 1987 Constitution. It says there, three-fourths of all members. It didn't say whether voting jointly or separately, so there will be a debate on that. I can see that it will eventually lead to the Supreme Court, so it will all the more be delayed.)

Senate Majority Leader Vicente Sotto III also said it would take a while before federalism sees fruition in the chamber. At the most, the measure would only be discussed but not approved.

Malamang [constituent assembly], mabilis kasi at mura. Voting separately 'yun or nothing. Mahirap, hindi kaya mapasa in 2017,” Sotto said in a text message. (More or less it's going to be constituent assembly because it's fast and cheap. It should be voting separately or it's nothing. It's going to be difficult. We can't pass it in 2017.)

Despite this, Senate President Aquilino Pimentel III – a staunch advocate of federalism – is confident that federalism would be approved in 2017.

“The mode is [constituent assembly] voting separately. There will never be voting jointly because we will never agree. Sure na this 2017,” Pimentel said.

A lot of things and surprises could still happen, however, especially in the volatile political grounds of the Senate halls. (READ: Duterte and the Senate: Of allies, critics, and in-betweens)

The power to decide

But if there is one thing lawmakers are sure of, it is that they hold the power to amend the 1987 Constitution.

Public consultations and debates may be done, but only congressmen and senators are constitutionally mandated to pass the law that would make the Philippine shift to federalism. 

Fariñas said that not even the presidential appointees under the Con-Com have true leverage on what lawmakers, most of whom are Duterte allies, will ultimately decide. 

"They cannot decide that. It’s us who will decide that. They can only recommend. The constitutional commission has no power. It will only study.... The commission, not even the people, can say, 'Don’t change it (Constitution).' The people cannot vote on it directly," said Fariñas.

"It has to be us. They entrusted to us the power to decide how to amend the Constitution." – Rappler.com

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