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FACT CHECK: Errors in papers revoking execs' power over cops

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MANILA, Philippines – It took two resolutions for the National Police Commission (Napolcom) to strip 7 governors and 132 mayors of administrative power over the police in their areas. 

The Napolcom issued these resolutions on June 8, but made these public only on July 4.

Rappler spotted at least 24 errors in these resolutions, which have since been put under review. 

One of these errors involves Fajad Salic, former mayor of Marawi City.

On June 7, Misamis Oriental police arrested Salic for supposedly committing rebellion.

Two days later, the government made public an arrest order of the Department of National Defense for 310 people allegedly involved in a plan to sow terror in Marawi City, which has been under siege since May 23.

Salic was part of a list that included leaders and members of the Maute Group, the Abu Sayyaf, the Bangsamoro Islamic Freedom Fighters, and the Maguid Group, among others.

A few hours after his arrest, the former mayor was stripped of the Napolcom's deputation – a power he no longer had – because he, and more than 100 local chief executives from Mindanao, supposedly failed "to suppress terrorists acts and prevent lawless violence in their jurisdiction," or had purported links to illegal drugs or terrorism.

That Salic was listed as incumbent mayor of Marawi City is only one of 24 errors that Rappler found in Napolcom Resolution Numbers 2017-335-A and 2017-334.

Below is a list of errors in the two resolutions:

Resolution 2017-335-A

Errors in Resolution Number 2017-335-A, "withdrawing the deputation of certain mayors in Mindanao, particularly in the provinces of Maguindanao, Lanao del Sur, Lanao del Norte, Sultan Kudarat, Sulu, Basilan, and Tawi-Tawi (under Section 52 of RA 6975, as amended)": 

  • The resolution listed Samsudin Dimaukom as mayor of Datu Saudi Ampatuan in Maguindanao. Dimaukom, known for literally painting his town bright pink, was killed during a supposed shootout with police in October 2016. His wife, the city vice mayor then, took over the post Ampatuan vacated. Ampatuan was part of Duterte's list of local chief executives with alleged ties to illegal drugs.  

  • Bai Lannie Diocolano is listed as mayor of Kabuntalan in Maguindanao. Salaban Diocolano is the current mayor of the town.

  • The late Norodin Matalam is listed as mayor of "Pagalugan" in Maguindanao, a non-existent town. Matalam is the former mayor of Pagalungan town in the province. Salik Mamasabulod is its current mayor.

  • The resolution listed Amer Sampiano as mayor of Balabagan town in Lanao del Sur. Sampiano is former mayor of the town. Edna Benito is its current chief executive.

  • Mayors of two towns in the list appeared to have been mixed up. Usman Sarangani Jr was listed as mayor of Lumbayanague in Lanao del Sur even if he is the mayor of Madalum town in the same province. Salamona Asum is the mayor of Lumbayanague.

  • Meanwhile, Vice Mayor Mohammad Sarip was listed as the local chief executive of Madalum town.

  • Nhazruddin Maglangit was listed as mayor of "Tagaloan II" town. He is, however, the mayor of Kapatagan in Lanao del Sur and is already listed in the resolution as such. The correct spelling of the town name is Tagoloan II. Misangcad Capal is the current mayor of Tagoloan II in Lanao del Sur. 

  • "Mary Ruth Balicao" is listed as the mayor of Wao town in Lanao del Sur. Bobby Balicao is the current mayor of the city. It is unclear who "Mary Ruth Balicao" is, but in the 2016 elections, Bobby Balicao edged out Mary Ruth Carumba-Catalan in the mayoral race. 

  • The current mayor of Jolo, Sulu, is mistakenly identified as former mayor Hussin Amin. Kerkhar Tan is the current mayor. Amin, meanwhile, is a councilor in the Lone District of Sulu. 

  • Gafor Abdusarak is listed as chief executive of Old Panamao in Sulu. Al-Frazier Abdurajak is the current mayor and was uncontested during the 2016 elections. 

  • The mayor of Omar, Sulu, is Hadji Hussein Mohammad and not Nur-in Ajibur, as listed in the resolution. 

  • Former Pandami, Sulu mayor Intan Berto is named in the resolution. The current chief executive of the town is Hatta Berto.

  • Former Patikul mayor Kabir Hayudini is named as the current chief executive. But Nasser Hayudini currently holds the post. 

  • The Siasi, Sulu mayor is identified as Mussah Muksan. Arthur Muksan, however, is the current mayor. 

  • Nezar Tulawie, who was uncontested in the 2016 elections, is the current mayor of Talipao, Sulu. The resolution, however, lists former mayor Sitti Raya Tulawie as the current chief executive. Sitti Raya Tulawie is the current vice mayor. 

  • Vice Mayor Talib Pawaki is listed as the Hadji Mohammad Ajul, Basilan town mayor. Hadji Aya Pawaki is the current mayor.

  • Former Maluso, Sulu mayor Sakib Salajin is listed as its mayor. Hanie Bud, however, currently occupies that post. 

  • Jas Que is listed as the mayor of Bongao, Tawi-Tawi. Jimuel Que, however, won and ran unopposed during the 2016 elections. 

  • The Sibutu, Tawi-Tawi mayor is identified as Kuyoh Pajiji. But the current chief executive is Alshefa Pajiji. 

  • Disqualified former South Ubian mayor Gama Hayudini was listed as the current mayor. However, Mustapha Omar is the town's current mayor. 

  • Losing 2016 mayoral candidate Mibaral Tang is listed as the mayor of Turtle Islands in Tawi-Tawi. Benie "Berong" Oliveros, however, is its chief executive. 

Resoution 2017-334

Errors in Resolution Number 2017-334, "withdrawing the deputation of the governors of Maguindanao, Lanao del Sur, Sultan Kudarat, Sulu, Basilan, Tawi-Tawi, and the mayor of Cotabato City (under Section 52 of RA 6975, as amended)": 

  • Lanao del Sur Vice Governor Mamintal Adiong Jr is named as the governor. Bedjoria Soraya Adiong is the current local chief executive of the province. 

  • Nurbert Sahali, and not Rashidin Matba is listed as Tawi-Tawi governor. Sahali lost his reelection bid in the 2016 elections. 

The resolution contains several other errors, including the spellings of the names of the chief executives and of the towns themselves. 

The resolution was issued a little over two weeks after local terror groups attempted to take over Marawi City in Lanao del Sur. Hours after clashes began, President Rodrigo Duterte placed the entire Mindanao island under martial law, citing the threat of ISIS. (READ: Martial law also aims to crush NPA, drug syndicates)

The Maute and Abu Sayyaf Groups have pledged allegiance to the international terror group. Abu Sayyaf leader Isnilon Hapilon is the supposed emir of ISIS in the Philippines. 

After the Napolcom resolution was made public, Interior Department officer in charge Undersecretary Catalino Cuy and Philippine National Police chief Ronald dela Rosa – both members of the Napolcom – flew to Marawi City where they met with local chief executives. The resolution was among the issues discussed. 

"Since yesterday we are already receiving recommendations from the police and military for the possible restoration of deputation… it will be in the works already," said Cuy after the July 6 meeting. – with reports from Michael Bueza/Rappler.com 


2016 Bongbong vs Leni poll protest: What ARMM 'election fingerprints' say

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(First of 2 parts)

MANILA, Philippines – More than a year since the 2016 national elections, the fight for the 2nd highest post in the land is far from over.

On Tuesday, July 11, the Presidential Electoral Tribunal (PET) will conduct the preliminary conference, which lays the groundwork for the resolution of the electoral protest filed by Marcos. (READ: Presidential Electoral Tribunal: What happens to a protest?) 

This follows over 12 months of legal wrangling by both camps before the Supreme Court, which sits as the PET. (TIMELINE: Marcos-Robredo election case)

Second-placer former senator Ferdinand "Bongbong" Marcos Jr is questioning the victory of Vice President Maria Leonor "Leni" Robredo. Only 263,473 votes separated Robredo and Marcos in the 6-person VP race in May 2016.

In PET Case No. 005, filed on June 29, 2016, Marcos assailed Robredo's victory by saying, among others, that poll fraud and irregularities were present in 30 provinces and cities, covering a total of 39,221 clustered precincts, or almost half of all polling places nationwide. 

In his petition, Marcos is asking for a technical examination and forensic investigation of the ballots in all 30 areas, and a judicial revision or recount of votes in 27 of them. (READ: Presidential Electoral Tribunal: What happens to a protest?)

He also seeks the annulment of election results in the remaining 3 provinces – Basilan, Lanao del Sur, and Maguindanao – all in the Autonomous Region in Muslim Mindanao (ARMM) – due to the "widespread presence of terrorism, violence, threats, coercion, force, intimidation" and other anomalies such as batch-feeding and pre-shading of ballots.

Robredo placed first in these areas – consisting of 2,756 clustered precincts – and garnered a total of 477,985 votes, compared to Marcos' 169,160 votes.

Allegations

Among the incidents Marcos cited in his protest were those in Datu Saudi Ampatuan, Maguindanao.

In a news report, witness Normina Taha claimed to have seen acts of intimidation and the pre-shading of ballots in a school within the area, allegedly "to ensure the victory of the full slate of the Liberal Party (LP) in the said polling place." She said a group employed by reelectionist mayor Samsudin Dimaukom were the ones intimidating the voters.

Meanwhile, defeated vice-mayoral candidate Bassir Utto also claimed witnessing similar acts of intimidation allegedly committed by armed men employed by a certain Wahid Tundok. Tundok is the leader of the 118th Base Command of the Moro Islamic Liberation Front (MILF).

Both Taha and Utto are listed as witnesses in Marcos' preliminary conference brief.

Marcos also cited other incidents of irregularities in Basilan and Lanao del Sur such as alleged pre-shading of ballots, a suspicious high voter turnout, voter intimidation, and minors casting votes in some precincts.

Robredo's response

Responding to Marcos' election protest, Vice President Robredo filed a 536-page answer and a counter-protest.

Robredo said that Marcos' protest is founded on "baseless claims." Robredo also assailed the Marcos camp for not appending relevant admissible documentary evidence and for relying heavily on affidavits of his supporters. 

She also noted that incidents cited by the Marcos camp in his protest were not recorded in the minutes of voting for the concerned precincts. Minutes of voting (MOVs) are documents filled out by officials manning the precincts on election day.

Rappler checked available MOVs for Datu Saudi Ampatuan and noted that while some precincts reported the replacement of problematic vote-counting machines, no reports of violence or other untoward incidents were logged.

This does not necessarily mean that no irregularities happened. According to election lawyer Rona Caritos of the Legal Network for Truthful Elections (Lente), parties to a protest will need to provide other evidence to substantiate claims of irregularities.  

"This could probably be testimonial evidence through affidavits of watchers, or documentary evidence like pictures or video," Caritos said.

The Robredo camp also questioned the credibility of Marcos' witnesses in her response.

For instance, Robredo pointed out that Taha "is the team leader of the Kilusang Bagong Lipunan" in Datu Saudi Ampatuan town. KBL is the party of Marcos' father, former president Ferdinand Marcos. 

Robredo also noted that Utto "was eerily silent on why he did not even bother to inform the mayoralty candidate or the other members of his slate" in the United Nationalist Alliance (UNA).

What election results data say

With an election this close, allegations of poll fraud, and a protest covering many areas, can the data help support the allegations of the Marcos camp?

One way to check is through the "election fingerprint" of voting results in the protested areas. This refers to traces of possible poll fraud that may have been left in the voting data.

By plotting voter turnout against votes received by the winner, possible cheating can be "detected" – that is, when there are dots that "cluster" at, or cluster near, the upper right portion of the charts.

This indicates an unusually high number of voters turning up in precincts to give more (if not all) votes to the winner.

The "fingerprint" chart is patterned after the results of a 2012 study by a group of researchers from the Santa Fe Institute in the United States. (READ: 'Fingerprints of election thieves' spotted in past PH polls data)

Here is the election fingerprint for the votes received nationwide by Robredo in the 2016 vice presidential race. Notice that the points are concentrated near the bottom right.

This means that in general, she received a fair share of votes and that turnout in most precincts are within the national voter turnout rate of 82%.

Source: Dr. Christian Alis.

Then, see the charts below for the 3 ARMM provinces (Basilan, Lanao del Sur, and Maguindanao) whose votes the Marcos camp wants nullified. For comparison, the fingerprints for Metro Manila and the top 2 vote-rich provinces, Cebu and Cavite, can also be seen below.

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Notice that the ARMM provinces exhibit distinct fingerprints. 

These indicate that some precincts reflected a nearly 100% voter turnout, but the range also went as low as around 40%, as evidenced by the wide horizontal space taken up by the blobs representing the precincts.

A 100% turnout is highly unlikely, but it has been recorded in 116 precincts in 2016, most of which are in ARMM. Take note, however, that this is just around 0.1% of 92,509 clustered precincts nationwide.

The ARMM graphs also show wide and varying vote shares between around 10% and 100% for the winner – unlike the graphs for vote-rich provinces, where the percentage of votes was concentrated between about 25% and 75%.

This shows inconsistency in the ARMM results, where the winner gets all votes in some precincts, then next to none in others. In the 2016 polls in ARMM, Robredo got 0 votes in at least 53 precincts, and Marcos in 95 precincts.

This pattern for the 3 ARMM provinces is similar to the other two provinces in the region, Sulu and Tawi-Tawi. Marcos won in Sulu, while Robredo won in Tawi-Tawi.

This is not the first time election data from the ARMM provinces has exhibited these same patterns

   

History of poll fraud 

The ARMM has had a history of poll irregularities and election-related violence.

The region was a hotbed for private armed groups, maintained by or identified with politicians, in the 2013 polls. Election watchdogs like the Parish Pastoral Council for Responsible Voting (PPCRV) reported at least 51 violent incidents nationwide in the 2016 polls, with a number of these taking place in ARMM.

The region usually favored the candidates of the ruling party. But much has also changed. 

In 2004, for instance, actor Fernando Poe Jr, who ran against then reelectionist president Gloria Macapagal Arroyo, failed to get a single vote in many towns in Maguindanao, then ruled by the powerful Ampatuan family. In the 2007 midterm elections, the Ampatuan clan delivered a 12-0 sweep in Maguindanao in favor of Arroyo's Senate slate. As a consequence, many prominent national candidates got zero votes in the entire province that year. 

In 2010, opposition candidate Benigno Aquino III won the presidential race in the entire ARMM, but his running mate, Mar Roxas, lost. Jejomar Binay of UNA won the vice presidential race in the region that year. 

In the 2013 midterm polls, only 9 members of Team PNoy (Aquino's Senate slate) made it to the region's top 12. Binay's daughter Nancy even topped the Senate race in ARMM.

The 2016 senatorial race in Maguindanao likewise didn't reflect a repeat of the 12-0 sweep, with only 7 candidates backed by the outgoing administration winning there.

Per town, city

When we drill down to the town and city levels, not all fingerprints exhibit the same pattern as the provinces' fingerprints. 

See the election fingerprints for the votes received by Robredo and Marcos in Basilan, Lanao del Sur, and Maguindanao in the spreadsheets below. Numbers in each cell indicate the number of clustered precincts in a voter turnout range (e.g. 50%-59%) where a candidate received a certain percentage of votes. The darker the shade of the cell, the bigger the number of precincts.

Fingerprints for all ARMM provinces can be also be viewed. Winners for president and vice president in each town are listed in another tab. Data is from the Comelec Transparency Server.

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Not all towns in the 3 provinces exhibited the distinctive mark associated with cheating (or points lumping at or near the upper right corner of the chart for the winner).

Marcos specifically mentioned these towns in his protest (shaded orange in the spreadsheet above):

  • Basilan – Akbar, Al-Barka, Hadji Mohammad Ajul, Lamitan City, Lantawan, Sumisip, Tabuan-Lasa, and Tuburan
  • Lanao del Sur – Bacolod-Kalawi, Lumbaca-Unayan, Marawi City, and Pagayawan
  • Maguindanao – Datu Saudi Ampatuan

Robredo won in all these towns, except in one (Hadji Mohammad Ajul, Basilan) where Marcos prevailed.

In Basilan, fingerprints for Hadji Mohammad Ajul, Lantawan, and Tabuan-Lasa did not display such pattern.

The fingerprint for Datu Saudi Ampatuan also did not show the same distinctive mark. The same goes for the 4 Lanao del Sur towns. These appear to indicate that there are not enough precincts to support claims of widespread cheating in these towns.

Lawyer Vic Rodriguez, counsel and spokesperson of Marcos, reserved comment on the election fingerprints. "But we have those graphs, we have it. At doon kitang-kita 'yung totoong nangyari at 'yung pinuwersa nilang mangyari," he told Rappler. (We can see there what really happened, and what they forced to happen.)

The camp of Robredo did not respond to our queries on the fingerprints.

Is nullification possible?

In her verified response, Robredo said the incidents that Marcos included in his protest were "not enough" to nullify the results in an entire province.

Lawyer Bernadette Sardillo of the Robredo camp, in an email to Rappler, said that the protestant must show that "more than 50% of the votes cast were affected by violence, threats, intimidation and fraud during the elections." 

This is also mentioned in Robredo's verified answer, citing the Abayon v. House of Representatives Electoral Tribunal ruling of the Supreme Court.

Asked about this, Rodriguez said, "That's their problem. We have our own sets of proof and legal strategy to present before the PET. And we're confident in our case."

He also questioned Robredo's victory in ARMM, saying that it couldn't have been her bailiwick. "This was her first time to foray in a national election. So, all of her reasoning, or that of her group, has a total disconnect with reality," he said in a mix of English and Filipino.

As for allegations pertaining to terrorism and vote-buying, the Robredo camp said in their preliminary conference brief that there is "no allegation" that the Vice President "was involved or participated in or had any knowledge of the alleged electoral fraud, anomalies, or irregularities... in the election protest."

Asked about the possibility that the LP was behind these incidents, Sardillo told Rappler, "There is no allegation in the protest that the Liberal Party is behind it."

But Rodriguez maintained that these incidents still happened. "Regardless of whether she knows it personally or not, who is the beneficiary? So you mean to say, nagnakaw ka, eh 'yung fruits, binigay mo sa akin. Absuwelto na ako nun?" (You stole, and you gave the fruits to me. Am I absolved?)

Finally, Rodriguez mentioned a "late surge" of votes for Robredo hours after polls closed on May 9.

This "cheating pattern" allegation had been explained and debunked, however, in multiple data analyses and simulations by statisticians and experts. (READ: Leni 'stole' the vice presidency? The data doesn't say so)

Unprecedented

Ultimately, said Lente's Caritos, "There are a lot of scenarios, but to nullify the votes in the 3 provinces, that would be somewhat difficult. It's possible, but difficult."

Caritos added, "He can invalidate a number of the votes based on affidavits – for example, a certain polling place – but not all of the province."

She mentioned a discussion on the annulment of votes in the decision of the Senate Electoral Tribunal (SET) in Pimentel vs. Zubiri in 2011.

Senator Aquilino Pimentel III, then a candidate, sought the annulment of votes in the 2007 senatorial elections in the town of Sultan Kudarat in Maguindanao.

The SET argued that if it would grant his request, it would come "with a heavy consequence – the disenfranchisement of many innocent voters." Instead, the SET "painstakingly endeavored to 'distinguish what votes are lawful and what are unlawful'."

Caritos also pointed out the high accuracy rate of the 2016 polls, which stood at 99.9027% based on the random manual audit (RMA) of voting machines.

The RMA compares the election results as counted by vote-counting machines against the manual audit of ballots in randomly-selected clustered precincts to check for any variance or difference between the two.

The accuracy rate for the vice presidential race was 99.8976%. Meanwhile, the VP race in ARMM had an accuracy rate of 99.9342%.

These are based on the report of the Random Manual Audit Committee, composed of the National Citizens' Movement for Free Elections (Namfrel), the Comelec, and the Philippine Statistics Authority. 

At the end of the day, said Caritos, "it's the PET that would decide on the case, on the strength of the evidence." – Michael Bueza, Gemma Bagayaua-Mendoza, and visualizations by Russell Shepherd and Wayne Manuel/Rappler.com

(To be concluded: The Marcos and Robredo camps have each identified 3 provinces that would support their prayer that a recount is necessary in 27 areas for Marcos, and in 13 areas for Robredo. How does the "election fingerprint" in these areas look like?)

Forced to flee: How many have been displaced due to conflict?

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FLEEING THE FIGHTING. A mother and her baby rest at an evacuation center at the Buru-on Barangay Hall in Iligan on the southern island of Mindanao on June 15, 2017. Photo by Noel Celis/AFP

MANILA, Philippines – Apart from natural disasters and hazards, frequent conflicts in the Philippines, particularly in Mindanao, force residents to seek refuge in evacuation centers. 

Though the Philippine population in 2016 hit more than 102 million, the United Nations High Commissioner on Refugees (UNHCR) reported 348,370 persons of concern in the Philippines by the end of 2016. More than 87,000 of these are internally displaced persons (IDPs) who fled home because of armed clashes, internal wars, and other forms of violence.

According to the Internal Displacement Monitoring Centre (IDMC), “displacement caused by conflict tends to affect the same deprived communities repeatedly, gradually undermining their resilience and pushing them further into poverty."

Below are several conflicts that triggered mass displacement in the past 7 years.

Armed conflict in Cotabato, October 2010

  • Affected 6 barangays, affecting 

    5,726 persons or 1,042 families

Armed conflict in Cotabato, February 2012

  • 105 families were affected when the groups of two Moro Islamic Liberation Front (MILF) commanders clashed in North Cotabato over a long-running land dispute

Armed conflict in Butuan City, March 2013

  • An encounter between the Armed Forces of the Philippines (AFP) and the New People's Army (NPA) in Barangay Anticala forced 750 persons or 150 families to flee

Zamboanga siege, September 2013

  • The Moro National Liberation Front (MNLF) destroyed 10,000 homes, and at least 327,000 people displaced

  • 63,000 people were unable to return to their homes because parts of the city were declared “no return areas”

  • As of December 2014, 209 IDPs were reported to have died due to pneumonia and acute gastroenteritis. Half of them were children under 5 years old.

Military offensive vs BIFF, March 2015

  • At least 8,149 families or 40,745 individuals were displaced following the military's all-our war against rebel group Bangsamoro Islamic Freedom Fighters (BIFF).

Clash between BIFF and MILF, March 2015

  • At least 6,383 familes or 34,925 individuals were displaced after clashes erupted between members of the BIFF and the MILF in Barangay Kalbugan in Pagalungan town, North Cotabato, reportedly due to "contending controls over the areas."

Butig clashes, March 2016

  • At least 7,800 people were displaced as government troops clashed with the Maute terror group.

Military operations vs Abu Sayyaf, January 2016-February 2017

  • More than 68,400 displaced in Sulu and Basilan.

  • Most of the IDPs returned home by December 2016.

Bohol clashes, April 2017

  • Around 3,000 people were displaced when government troops clashed with the Abu Sayyaf.

Marawi siege, 23 May 2017-present

The IDMC estimates that over 4 million people have been displaced in Mindanao since 2000, due to armed conflict, crime, and clan violence. – Gari Acolola/Rappler.com

Gari Acolola is a Rappler intern.

Bongbong vs Leni: 2016 'election fingerprints' in possible recount areas

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Conclusion

(READ: Part 1: 2016 Bongbong vs Leni poll protest: What ARMM election 'fingerprints' say)


AT A GLANCE:

  • Bongbong Marcos prays for a manual recount in 27 areas, and Leni Robredo in 13 provinces.
  • Both camps select 3 provinces each to serve as "pilot areas" for a recount. According to them, these best prove their allegations.
  • Election fingerprints reflect high vote shares in the bailiwicks of both candidates.

MANILA, Philippines – Besides seeking the nullification of votes in 3 provinces in the Autonomous Region in Muslim Mindanao (ARMM), defeated 2016 vice presidential candidate Ferdinand "Bongbong" Marcos Jr is also asking for a vote recount and an examination of ballots, election documents and equipment in 27 areas around the country.

This is part of the former senator's election protest filed before the Presidential Electoral Tribunal (PET) against Vice President Maria Leonor "Leni" Robredo.

Robredo then filed a counter-protest, listing 13 provinces where she is also requesting for a recount of votes.

In a judicial revision or recount, physical ballots are manually examined to verify the number of votes obtained by each candidate, as counted by the vote-counting machines on election day.

In a preliminary conference brief on June 15, the Marcos camp identified 3 provinces as "pilot areas" for the recount: Iloilo, Negros Oriental, and Camarines Sur, Robredo's home province. Robredo got a total of 1,493,517 votes in these provinces, while Marcos received 202,136 votes.

The Robredo camp also named 3 provinces in their preliminary conference brief: Sulu, Cotabato, and Capiz, where Robredo herself won. She wants a recount in these areas too.

In these provinces, Marcos obtained 340,298 votes, while Robredo got 428,649 votes.

If either camp can prove their case in these provinces, the recount for all other areas in their respective protests will proceed. The two camps met in a preliminary conference on Tuesday, July 11, to begin arguing their cases before the PET. (READ: Presidential Electoral Tribunal: What happens to a protest?)

Marcos' protest

Marcos is asking for a recount in 21 provinces, 1 legislative district, and 5 cities – covering a total of 36,465 clustered precincts:

  • Albay
  • Batangas
  • Bohol
  • Bukidnon
  • Camarines Sur
  • Cebu
  • Iloilo
  • Isabela
  • Leyte
  • Masbate
  • Misamis Occidental
  • Misamis Oriental
  • Negros Occidental
  • Negros Oriental
  • Palawan
  • Pangasinan
  • Quezon
  • Samar
  • Zamboanga del Norte
  • Zamboanga del Sur
  • Zamboanga Sibugay
  • 2nd District of Northern Samar
  • Bacolod City
  • Cebu City
  • Iloilo City
  • Lapu-Lapu City
  • Zamboanga City

These areas reportedly experienced "instances of electoral fraud," Marcos said in the executive summary of his protest.

Robredo garnered 6,870,903 votes in these areas, while Marcos got 3,908,688 votes. Robredo won in each area above except in Pangasinan, Isabela, Cebu City, Leyte, and Zamboanga del Sur. 

Province/CityVote % of Top 2
PangasinanMarcos (61.22%)
Robredo (19.48%)
IsabelaMarcos (74.72%)
Robredo (12.77%)
Cebu CityCayetano (33.87%)
Robredo (32.82%)
LeyteMarcos (49.44%)
Robredo (29.40%)
Zamboanga del SurMarcos (41.25%)
Robredo (28.41%)

Pangasinan and Isabela are in Marcos' bailiwick, known as the "Solid North", while Leyte is the home province of his mother and current Ilocos Norte Congresswoman Imelda Marcos. (READ: How regions voted for Robredo, Marcos in 2016 VP race)

Senator Alan Peter Cayetano – running mate of now-President Rodrigo Duterte – won in Cebu City.

Here's a summary of Marcos' allegations in these areas:

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Marcos listed incidents of pre-shaded ballots, vote-buying, and some of his supporters not being allowed to vote because their names were reportedly not on the voters' list.

Also, in all 27 areas, Marcos highlighted the "abnormally high number" of "unaccounted votes/ undervotes" for the VP race. Undervoting happens when a voter does not select anyone for an executive or legislative position, or picks less than the maximum number allowed for multi-person contests like the senatorial race.

This, he said, "is a manifest indication of an election irregularity" in the automated polls.

Robredo's lead counsel Romulo Macalintal, however, argued during the canvassing of votes in Congress in late May that undervoting is normal in elections, and does not mean there is electoral fraud.

Further, William Yu of election watchdog Parish Pastoral Council for Responsible Voting (PPCRV) previously said that the behavior of voters with regard to undervoting had been essentially the same in the last two presidential polls.

Robredo's answer

Robredo responded to all these in her verified answer.

For instance, in Cebu and Bohol provinces and in Zamboanga City, Robredo said that Marcos' allegations were "in general terms" and "did not provide a detailed specification of electoral frauds, anomalies, and irregularities."

For the remaining areas, here's how the Robredo camp responded:

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The Robredo camp pointed out issues with the witnesses themselves, saying that some of them weren't registered voters in the areas where they supposedly witnessed poll fraud. (READ: Robredo camp: Marcos Jr's witnesses are fake)

They also observed that most of the affidavits submitted were pro forma or "fill in the blank" templates. In 20 areas, Robredo said that the affidavits were notarized on the same day, with some notarized in Metro Manila, outside the provinces involved in the protest.

In addition, they contended that there were "no reports of any of the untoward incidents and irregularities" received either by the boards of election inspectors (BEI) in the polling precincts or by the local offices of the Commission on Elections (Comelec). These incidents, they argued, were also not in the Minutes of Voting filled out by the BEIs on Election Day.

Counter-protest

The Robredo camp included a counter-protest, wherein she identified 13 provinces where "instances of vote-buying, threats and intimidation, substitute voting and incidence of unaccounted votes in the bailiwicks of protestant Marcos" were said to be reported:

  • Abra
  • Aklan
  • Antique
  • Apayao
  • Bataan
  • Capiz
  • Cotabato
  • Kalinga
  • Mountain Province
  • Sarangani
  • South Cotabato
  • Sultan Kudarat
  • Sulu

Marcos received 1,235,389 votes in these areas, while Robredo got 1,127,062 votes.

In Robredo's counter-protest, she identifies a total of 7,547 precincts in 4 provinces in the Cordillera Administrative Region (CAR), 3 provinces in the Western Visayas Region, all 4 provinces in the Soccsksargen Region, Bataan in the Central Luzon Region, and Sulu in ARMM.

Marcos won in CAR and the Soccsksargen regions, in Bataan and in Sulu, while Robredo prevailed in the Western Visayas region.

Lawyer Vic Rodriguez, counsel and spokesman of Marcos, criticized Robredo for including a counter-protest, after her camp supposedly claimed there was "no cheating" in the VP race.

"What's the real purpose of the counter-protest? She filed so that they could have a semblance of control in the proceedings," he argued. (RELATED: Marcos to Robredo: Why are you afraid of vote recount?)

He added that the counter-protest was filed out of time. Rodriguez also argued that there is a "disconnect" between the Robredo camp's claims about not having enough funds for her legal defense and being the biggest spender among the candidates in the 2016 vice presidential race.

The Robredo camp, in an email to Rappler, said it was filed on time. The Supreme Court affirmed this in February 2017.

How 'fingerprints' look like

Just like in Part 1 of this story, we look into the election "fingerprints" of all areas involved in both camps' protests.

The 27 areas under protest by Marcos are arranged in descending order below according to Robredo's vote percentage lead over Marcos himself. Robredo's 13 provinces are in a separate group, also arranged in descending order according to Marcos' vote percentage lead.

The horizontal axis represents voter turnout in each precinct, while the vertical axis represents the percentage of votes received per precinct by the winner in the province/city. Dots or points that cluster at, or cluster near, the upper right corner could be indicative of possible cheating in the area or very strong support in the candidates' bailiwicks.

This is the case for Camarines Sur for Robredo and Abra for Marcos – where fingerprints are near the upper-right corner of the chart. The same goes for provinces in their respective protests where they won, like Pangasinan and Isabela for Marcos, and Capiz for Robredo.

In a statement on June 16, Rodriguez explained that Camarines Sur – Robredo's home province – was chosen as among the Marcos camp's "pilot areas" for a recount because it was "highly improbable" she would obtain over 80% of the votes there "when all of the other vice presidential candidates were either from the Bicol Region or had ties in the said region."

As for Iloilo, Rodriguez pointed out that Robredo also obtained a huge vote share there, when Marcos' standard-bearer the late senator Miriam Defensor Santiago, is from the province, and the Santiago-Marcos tandem was "warmly received by the Hiligaynons during their sorties there."

Finally, Negros Oriental was also a "pilot area" because the number of votes that Robredo got there was "dubious, considering the fact that Marcos was supported by the biggest political families in the province."

To recount or not to recount?

In her counter-protest, the Robredo camp argued that Marcos' allegations "do not necessitate the opening of ballot boxes" for a revision or recount.

They also said that incidents reported in a few barangays or by the witnesses "are not representative of the entire" town or province.

For his part, Rodriguez maintained that Marcos is the rightful winner in the VP race, on account of numerous poll irregularities, as well as issues with the automated election system, which the Marcos camp claims to have contained anomalies and constitutional infirmities.

These, Marcos said in his protest, explain the need for the manual recount and "judicial revision" of votes, as well as examination of the ballots and election paraphernalia. – Michael Bueza, Gemma Mendoza, and visualizations by Russell Shepherd and Mabeth Añonuevo/Rappler.com

Is Estelito Mendoza joining Marcos' legal team for his election case?

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JOINING MARCOS' TEAM? Veteran lawyer Estelito Mendoza could be part of the legal team of former senator Ferdinand Marcos Jr. File photo by Lian Buan/Rappler

The Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET), earlier conducted the preliminary conference for the election protest that former senator Ferdinand Marcos Jr filed against Vice President Leni Robredo. 

Marcos himself attended the conference, along with another surprising addition to his team – veteran lawyer Estelito Mendoza.

Marcos' lead counsel George Garcia said Mendoza sought to be recognized as a "collaborating counsel" but he was not able to participate because he wasn't part of the formal entry of appearance. 

While Mendoza is not yet officially part of the team, Garcia said the veteran lawyer's "wisdom" would help them with the case against Robredo.

"There were talks that he would be part of the team. We have yet to know in our next meeting," said Garcia in Filipino.

"His wisdom [would be a big help] kasi napakagaling na lawyer, na-ga-guide kami (because he's a brilliant lawyer who can guide us). Siya ay sanay na sanay (He's used to) dealing with the Supreme Court."

Mendoza is known for his close ties to the Marcoses. He served as solicitor-general under the late dictator Ferdinand Marcos from 1972 to 1986. He was also the lawyer of the Marcos couple when they were facing charges over their ill-gotten wealth. (READ: Estelito Mendoza and his 2017 comeback in plunder cases

Recently, Mendoza also managed to help 6 detained Ilocos Norte officials secure a ruling from the Court of Appeals (CA) for their provisional release.

The 6 provincial officials, however, remain under the custody of the House of Representatives, which has refused to recognize the CA ruling. They had been detained over their refusal to answer questions on Ilocos Norte Governor Imee Marcos' alleged misuse of P66.45 million in tobacco funds.

Former senator Marcos and his lawyers expressed confidence after the PET conducted the preliminary conference, saying it appears that the recount of votes would proceed. (READ: Bongbong vs Leni: 2016 'election fingerprints' in possible recount areas)

Will Mendoza officially join Marcos' legal team? – Rappler.com

Duterte shares the trick that got him out of ROTC

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TRICKSTER. President Rodrigo Duterte, who now commands the Philippine military, says he tricked officials so he wouldn't have to complete ROTC. Presidential photo

President Rodrigo Duterte was in a story-telling mood on Friday, July 14, as he regaled diplomats in Davao City with tales of his pranks and tricks back in his younger days.

One story he shared was how he supposedly managed to graduate from college without finishing the Reserve Officers' Training Corps (ROTC), a requirement in those days.

Duterte, who as President wants to bring back mandatory ROTC, said he tricked the military registrar by submitting medical documents that proved he was too sickly to take ROTC, thus exempting him from the requirement.

Duterte was an undergraduate at the Lyceum Philippines where he took up political science.

In the year he was supposed to graduate, Duterte said he went to Camp Aguinaldo where he was told by a registrar staff that he won't be able to graduate unless he completes the ROTC program. He was told that he would only be exempted if he has tuberculosis or is handicapped.

"So sabi ko, 'Maraming TB-han dito.' Pumunta ako sa San Lazaro. May isa – nakalinya 'yung mga gago eh. (Pretends to cough) Ang ingay, in unison! Kanya-kanyang sputum dito sa ground," said Duterte.

(So I said, there are many people with TB here.' I went to San Lazaro hospital. The fools were all lined up. It was so noisy, they were coughing in unison! Each had their own sputum on the ground.)

So the young Duterte approached one of the patients.

"'Yung isa, kinausap ko, sabi ko, 'Halika. Gamitin mo itong pangalan mo, Rodrigo Duterte, ilagay man nila 'yan sa X-ray. Bigyan kita isang libo,'" he said.

(I told one of them, 'Come here. Use this name, Rodrigo Duterte, they'll put it in the X-ray. I'll give you P1,000.) 

The man supposedly did as he was told and 3 days later, Duterte went back to get a copy of the man's X-ray. To show his appreciation, he even gave his unwitting accomplice a P500 "tip".

Duterte went to his college and presented the X-ray to the staff.

The school personnel who received the X-ray was so convinced that he even supposedly told Duterte, "Kaya ka pala payat masyado. Umalis ka! Umalis ka!" (That's why you're too thin. Get out of here! Get out of here!)

Duterte did not have to be told twice. He left but not without throwing in a few fake coughs for added effect.

"Paubo-ubo ako, naghahanap ako ng plema (I kept coughing, I needed some phlegm)," said Duterte, obviously still pleased, after all these years, of the trick he successfuly played.

Acting chops

Why go through all that trouble to skip mandatory ROTC? Duterte said the military life is simply not his cup of tea.

"Ayaw ko talaga magmilitar, ayaw ko nga 'yan sigaw-sigawan ako (I don't want to enter the military, I don't want to be shouted at)," said Duterte, now the commander-in-chief of the country's armed forces.

To wrap up his story, he said street smarts, and politics, naturally come with acting skills.

"Ganoon lang man 'yan, storya ka lang ng malungkot na kuwento, basta siyempre dalhan mo ng arte. Magpresidente ka kaya kung hindi ka marunong mag-arte?" he said.

(That's all it takes, a sad story and of course some acting. Can you become president if you don't know how to act?)

Duterte is a masterful storyteller, often using amusing anecdotes to get his point across. For instance, he has shared on numerous occasions the time he confessed to an elderly Jesuit priest of his peeping at his family's maid.

Duterte said the priest, Fr Mark Falvey SJ, would use those times of confession to molest him and other Ateneo de Davao high school students.

He uses the anecdote to convince his audience that priests, among his chief critics, have their own sins to atone for. – Rappler.com

What's been happening to Jeane Napoles' case at tax appeals court?

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TAX EVASION. Jeane Catherine Napoles is on trial for tax evasion at the Court of Tax Appeals.

MANILA, Philippines – Two recent resolutions from the Court of Tax Appeals (CTA) come as bad news for Jeane Catherine Napoles as they push forward the tax evasion charges filed more than two years ago before the tax court.

On June 29, the CTA 3rd Division junked the motion to quash filed by Jeane, youngest daughter of alleged pork barrel scam mastermind Janet Napoles. The 3rd Division is handling the criminal charges on trial.

It's a case that stemmed from the assessment of the Bureau of Internal Revenue (BIR), with the approval of the Department of Justice (DOJ), which found that Jeane did not pay P17 million in taxes.

According to the charges, Jeane failed to pay the taxes due for ownership of a luxurious apartment in Los Angeles, California and a farm lot in Bayambang, Pangasinan. (READ: Why the Napoles children are co-accused in the pork barrel scam)

Petition for review

Worse for Jeane, on June 21, the tax court's 2nd Division also junked her plea to hold a new trial on her petition for review. The case before the 2nd Division involves Jeane suing the BIR for an allegedly errant assessment.

The petition for review seeks to question the BIR findings which led to the charges. What Jeane wants to do is hold a separate trial which would put the BIR on the spot and try to hit at their case, hopefully to establish that the source of the charges is wrong.

Supposedly new evidence will be presented by Jeane in this new trial.

In her motion dated June 9, Jeane said there is a preliminary assessment notice from November 29, 2016 issued by the BIR to her mother Janet which "would reveal a glaring fact." Janet and husband Jaime also have a tax evasion case filed by the BIR during the term of former commissioner Kim Henares.

"It would show that (Janet Lim Napoles) is being charged the amount of US$1,280,000.00 for the value of the Ritz-Carlton Condo – 2011 – the same property that was assessed the petitioner by the respondent BIR," Jeane said in the motion.

The affidavits of her parents Janet and Jaime who said they own the properties – not their daughter – have always been part of Jeane's defense.

Jeane's evidence, the BIR's notice, was issued within the term of BIR Commissioner Caesar Dulay, appointee of President Rodrigo Duterte. Another Duterte appointee in the BIR is Deputy Commissioner Lanee David, who used to be Jeane's lawyer in these said cases at the CTA. 

David has since withdrawn from the case, now replaced by young lawyer Ian Encarnacion.

Non-appearance of lawyer

The CTA is not taking notice of Jeane's supposed evidence, however, not because it bears no weight but because Jeane has lost her legal chance to officially present it in court.

The June 21 CTA resolution junked Jeane's petition because it is already considered a second motion for reconsideration, "which is a prohibited pleading under Section 2 of Rule 52 of the Rules of Court."

The first motion was already set for a pretrial conference on February 16 but Encarancion did not show up. Encarnacion instead sent a representative, who was already in the vicinity of the court premises at the time of the conference, but failed to find his way to the right conference room.

"Petitioner asserts that the mistake and excusable negligence of her counsel is of such a nature that ordinary prudence could not have guarded against and will work to the prejudice of her rights and cause of action," the resolution quotes Jeane's argument.

But the CTA could not be swayed. For one, the CTA said they had already postponed the hearings several times due to Encarnacion's requests. The CTA said Encarnacion should have had a "mindful attitude."

"It is hard to believe that it would entail extraordinary diligence for a counsel to appear at the date and time set by the Court several days before the schedule," CTA said.

The CTA also said: "On the ground of newly discovered evidence, this Court finds that the same has no legal leg to stand on as no evidence has yet been offered because the trial has not even started due to the several postponements that have characterized the proceedings of this case."

Rappler tried to reach Encarnacion but the lawyer said he is withholding comment until the case is resolved. 

Jeane has also tried the route of the Supreme Court (SC), similar to her mother Janet's strategies, but her petition for certiorari was dismissed by the High Court on August 17, 2015. The SC said then that Jeane failed "to sufficiently show that the questioned resolutions are tainted with grave abuse of discretion."

Jeane's travels

According to the Bureau of Immigration (BI), Jeane came back to the Philippines in 2015 to face her tax evasion charges, though a photo and insider information obtained by Rappler would show she was in the country in 2014.

She posted a P50,000 bail on April 1, 2015, was arraigned on July 20 and on September 9, and was allowed by the court to no longer personally appear in her hearings.

A year after, on September 15, 2016, she flew to the United Kingdom on an approved travel motion. She stayed there until October 6.

On April 23 this year, she was granted travel to Bali, Indonesia for a 6-day trip. Her travel motion indicated it was a business trip. Encarnacion had earlier told reporters, after a hearing on March 22, that Jeane was unemployed at the time. Her being jobless is their main support for her claim that she could not have earned taxable income to merit tax evasion charges.

Last June 18, Jeane was allowed to travel to Singapore and to stay there until June 27.

Jeane became controversial after being the subject of public scrutiny for her lavish living, with prevailing sentiments that the money which allowed her to sustain such a lifestyle was ill-gotten.

Her mother Janet is facing 5 plunder charges and 7 graft charges before the anti-graft court Sandiganbayan. She stands accused of allegedly illegally earning via commissions from the misuse of lawmakers' discretionary funds that were meant to help finance projects for basic sectors. – Rappler.com 

The silent hero behind the Philippines' case vs China

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SILENT HERO. Diplomat Henry Bensurto Jr is widely credited for the blueprint of the Philippines' case against China over the disputed South China Sea. Rappler file photo

MANILA, Philippines – Days after the Philippines won its case against China on July 12, 2016, seasoned diplomat Henry Bensurto Jr recalled a touching email from a junior officer of the Department of Foreign Affairs (DFA).

The junior officer, whose name Bensurto withheld, thanked him for being the once "lonely voice" that pushed for a case against China over the West Philippine Sea (South China Sea). 

"Oh, I cannot describe to you the pain," Bensurto said in an interview with Rappler in August 2016, when asked to explain why he was called a "lonely voice."

Bensurto, 52, was the silent hero behind the blueprint of the Philippines' case against China at The Hague, in the face of naysayers in his own department. His work led to the Philippines' historic victory against China, the first anniversary of which was marked on Wednesday, July 12. (READ: Rally world around Hague ruling, experts tell PH)

Former foreign secretary Albert del Rosario told Rappler on Friday, July 14, "I would consider Henry as a quiet hero and a true patriot for his expertise, for his conviction, and for his courage."

"Without his important contributions, we may not have succeeded to the extent that had been achieved in obtaining a positive arbitral tribunal outcome to benefit the Filipino people and the world," Del Rosario added.

Journalist Bill Hayton, in his book The South China Sea: The Struggle for Power in Asia, also wrote that Bensurto "is the brains behind the Philippines' policy in the South China Sea disputes." 

Bensurto's role in the case is widely known, too, among diplomats in the region. In fact when we did our interview at the Manila Hotel lobby in August 2016, an Indonesian official passed by, greeted Bensurto, and congratulated him: "I remember this is your idea to bring the case to court."

'In my nature to take risks'

Bensurto, who has been Philippine consul general to San Francisco since June 2014, has been an achiever since his youth.

When he was 25 years old, he took two of the Philippines' hardest exams on the same year. 

Bensurto ended up passing both the Bar Exam and the Foreign Service Officer Exam in 1991.

"Maybe it's in my nature to take risks," Bensurto said.

When the results of both exams came out, "it was a dilemma, because when you study law, you always have the instinct to litigate in a court."

"But I decided, at that time that there were few diplomats, maybe I can put to good use the legal skills in the context of diplomacy as well," he said.

Attorney Bensurto then entered the foreign service, and a few years later studied public international law at Oxford University under a Chevening scholarship. 

An alumnus of both the University of the Philippines and San Beda College, he graduated from Oxford with distinction in 1996.

No 'pass your paper' mentality

At the DFA, Bensurto was the kind of diplomat whom his bosses often wanted to keep in the Philippines because they needed his skills. 

His batchmates, for instance, got their first international assignments after 3 years as junior officers based in the Philippines.

It took Bensurto 9 years before he got posted abroad.

"The reason for that is because my boss asked me to stay put and help," he explained. 

One of the projects he handled was the development of the Roppongi property in Japan, which the Philippines got as reparation from Japan after World War II. Bensurto and his colleagues finished this project in the late 1990s, and now "one of the most beautiful embassies we have overseas is the one in Roppongi, Japan." 

Looking back at these experiences, Bensurto said he has no regrets even if he was often stuck in the Philippines.

"I think there's a saying in the department: Don't make yourself indispensable, because when you make yourself indispensable, you get stuck," he said.

In his case, Bensurto said, "I just have this mentality that when you're given work, you have to do the best that you can, because you owe it not only to your government and to your country.”

Bensurto said he resists a "pass your paper" mentality.

First partnership with Del Rosario 

Bensurto brought this work ethic with him when he was finally assigned to Washington DC in 1999. He worked there as consul and legal officer.

It was in Washington DC that he first worked with Del Rosario, the Philippine ambassador to the US from 2001 to 2006.

In the US, Bensurto faced one of his toughest tests, when the US justice department "tried to assume criminal jurisdiction" over executives "of all the telecommunication companies in the Philippines," including PLDT. This was for the alleged violation of the US anti-trust law.

Del Rosario requested him to address this problem. 

Bensurto said he thought of arguing the Philippines' case in a court of law, even if private lawyers felt pessimistic  "because the batting average of the US Department of Justice in terms of anti-trust violations was almost 100% at that time."

"But I never wavered in that," Bensurto said.

And the Philippines won. "It was also an 'impossible' undertaking, an 'impossible' task," he said.

Referring to Del Rosario, he also pointed out, "This is our first partnership."

LOW-KEY DIPLOMAT. Henry Bensurto Jr (1st from right), Philippine consul general to San Francisco, is known as a low-key diplomat with the highest of credentials. File photo by LeAnne Jazul/Rappler

'It's ADR and myself'

Years later in Manila, Bensurto and Del Rosario worked together again by 2011, when the former ambassador became secretary of foreign affairs.

Bensurto said Del Rosario "wanted a more creative solution" to the South China Sea dispute "because we were like talking to a wall." 

Back then at the DFA, Bensurto was the most equipped to tackle this issue. 

On top of his studies in Oxford, where he took as many electives as possible on the law of the sea, Bensurto also went to the Rhodes Academy of Oceans Law and Policy in Greece.

In 2007, he became the first secretary general of the Commission on Maritime and Ocean Affairs.

Bensurto later helped in passing the Archipelagic Baselines Law of 2009, for which he received the Presidential Award of Gawad Mabini (with the Rank of Commander), according to a profile uploaded by the National University of Singapore.

He also conceptualized a blueprint to address all of the Philippines' maritime concerns. In 2010, he finalized what he called the Philippine Maritime Security Strategy that aimed to create a Zone of Peace, Freedom, Friendship, and Cooperation (ZOPFFC) in the South China Sea. 

Armed with his expertise, Bensurto thought of bringing China to court, particularly to a legally-binding compulsory arbitration on the sea dispute. 

Bensurto discussed this with Del Rosario, and later the two of them brought this proposal to then president Benigno Aquino III. 

Aquino ended up deciding to file a case against China. The Philippines won this on July 12, 2016. 

Bensurto said: "We don't call it ZOPFFC now. We call it the tribunal decision. What we have achieved in the arbitration is precisely ZOPFFC."

Asked if he alone presented the winning strategy to Aquino, Bensurto also referred to Del Rosario, whom he called by his initials ADR. "I would like to look at it as ADR and myself, because the truth of the matter is, ideas will not prosper if you don't have the right champion."

'Work has a higher meaning'

Bensurto, of course, had to face a number of challenges. "We had to overcome a lot of resistance, even from within," he said. "If not for ADR, I would have been a lone wolf." (READ: 'Del Rosario diplomacy' hailed amid PH victory)

In the face of his critics, the diplomat also credited his colleagues at the Commission on Maritime and Ocean Affairs – "the people who believed in me and worked with me all the way."

Del Rosario himself said Bensurto "was a man of conviction who stood up at all times to promote the national interest, notwithstanding difficult challenges which we had to surmount."

At the same time, Bensurto also pointed out "trade-offs" in his personal life. For one, because of the West Philippine Sea issue, he got stuck in the Philippines for more than a year after his last foreign posting, unlike many of his colleagues. "I was here for about 7 years."

He said this was difficult because Filipino diplomats get lower salaries when they stay in the Philippines. For diplomats, "your opportunity to help yourself financially is when you're posted abroad," he said.

"It had a lot of practical consequences for me and my family, because to give up a foreign assignment is not easy, in a sense, because you give up the opportunity to help yourself and your family, the financial ability to make your financial standing a little stable," he said.

Still, Bensurto said, "I have no regrets because it's for the country."

In the end, Bensurto said he draws his convictions from something deeper. "For me, work has a higher meaning."

Work, he said, "is something that you're able to do to help yourself, to help your family, and to help others."

"But more than that," he added, "and I have to apologize, and pardon me for this. It's something that you can offer to God. It's something that you can sanctify yourself with." 

"Work is something that can be used as a raw material to get closer to God, to get closer to others, and at the same time help others," said the diplomat, lawyer, and silent hero named Henry Bensurto Jr.– Rappler.com


Is the Inquirer's impending sale a Manila Times redux?

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 PRESSURE? The Manila Times changed ownership and even closed for a while following a libel suit filed by then president Joseph Estrada. Photo of Manila Times frontpage from www.rocesfamily.com

MANILA, Philippines – The Philippine Daily Inquirer is being sold to a business tycoon with close ties to President Rodrigo Duterte. Some political observers draw comparison of the impending sale to what happened with The Manila Times during the administration of President Joseph Estrada in 1999.

Does the comparison have basis? 

Yes, if the we look at both newspapers being critical of the sitting president, and ending up being sold to businessmen close to the chief executives. No, if we consider that the Manila Times was abruptly forced to sell for a song, while the Inquirer willingly negotiates with the buyer for sometime for a hefty price. (READ: Ramon Ang and his media interests)

On Monday, July 17, the Prieto family announced that it was in talks with Ramon Ang, head of San Miguel Corporation, for the sale of its majority stake in the Inquirer. In a statement, Marixi Rufino-Prieto, the Inquirer Group's chair, said the family's decision to divest after 25 years of owning the newspaper is "strategic" and would maximize growth opportunities for the media company. (READ: What you should know about the Inquirer Group)

The sale comes amid President Duterte's months-long tirade against the newspaper over its critical coverage of his anti-illegal drug campaign. (READ: Duterte threatens 'exposé' vs Inquirer) 

Inquirer is no stranger to presidential intimidation in its 31-year history, however. Under Estrada, it survived an advertising boycott orchestrated by Estrada's friends in the entertainment industry.  (READ: The courage of Letty Jimenez-Magsanoc) 

While Estrada failed to bring down the Inquirer, he succeeded in forcing another newspaper, The Manila Times, to sell to a crony. The newspaper, which carried a headline that irked the President then, was owned by the Gokongwei family, who eventually sold to an Estrada crony, Mark Jimenez (now deceased).

Here is a record of events from 18 years ago:

February 16, 1999 

The Manila Times publishes a story “Palace in P17-B contract rigging” written by its business reporter at the time, Joel Gaborni. 

According to the story, Estrada was an “unwitting ninong (godfather)” to a contract between the state-owned National Power Corporation and the Argentine firm Industrias Metalurgicas Pescarmona Sociedad Anonima (IMPSA), which underwent last-minute changes – literally shortly before Estrada was scheduled to witness the signing.

March 9, 1999

Estrada files a P100-million libel suit against The Manila Times over the story.

The story, he claims, attacks his “reputation, honor, and dignity” and “honesty and integrity as a public official.”  

"I hate to do this, but it's too much already,” Estrada is quoted as saying . “They can criticize me, it is a democratic country. But if they accuse me of graft and corruption, that's a different story.” 

April 8, 1999

Under pressure from the President, the owner of The Manila Times runs a front-page apology to Estrada. 

In the apology, Robina Gokongwei-Pe, president of Metromedia Times Corporation, offers her “sincerest apologies for the anxiety” Estrada has felt over the story. She says the story “was never intended to malign or impugn the sterling reputation you have built over decades of dedicated public service.”

The apology triggers the resignation of senior editors and writers and sparks media debate on press freedom.

April 9, 1999 

Accepting Gokongwei-Pe's apology, Estrada withdraws the libel charge against the newspaper.

“In response to the public apology to me by the President of The Manila Times, I have today instructed my lawyers to drop immediately the libel case that I had earlier filed against that newspaper," his statement reads.  

Estrada, however, denies allegations that Malacañang has pressured the Gokongwei family and threatened to raise tax issues against the family's bigger businesses.

May 1999

The Manila Times editors and staff who chose to stay behind continues to publish the newspaper, vowing to bring credibility back. But administration pressure on the Gokongweis persisted.

July 1999

The Gokongwei family sells the Manila Times to Katrina Legarda and Reghis Romero for a song: P20 million. Romero only serves as a front for Estrada crony Mark Jimenez

In a statement, Gokongwei-Pei says it is time “to allow others the opportunity and the privilege to continue publishing the Manila Times.” 

July 23, 1999

The Manila Times prints its final issue under the Gokongweis with a banner story that screams “Closed.”

Photo from www.rocesfamily.com

In a statement released prior to the closure, then Manila Times editor-in-chief Malou Mangahas says the sale is, in truth, “death by corporate strangulation of a newspaper with an independent editorial staff.”

“In fact, it unfolds after a group of persons closely identified with President Estrada, has allegedly acquired – or is conspiring to acquire, buy into or buy out – several print and broadcast media agencies,” she writes.

“By all indications, the asset sale of The Manila Times is part of an insidious effort by this group, acting supposedly in the name and on behalf of the administration, to tame a critical press, through the backdoor.” 

The new owners resume publication of the newspaper after a few months.

Today, The Manila Times is owned by former Arroyo publicist Dante Ang, who is President Duterte's special envoy for international public relations. Rappler.com

 

 

Aguirre bet for BuCor, DDB Chair Santiago, has drugs case on review

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NEXT BUCOR CHIEF? Newly-appointed Dangerous Drugs Board chair Dionisio Santiago is Justice Secretary Vitaliano Aguirre II's pick for new Bureau of Corrections head amid the drug trade resurgence inside the New Bilibid Prison File photo by Alecs Ongcal/Rappler

Dangerous Drugs Board (DDB) chairman Dionisio Santiago has an old drugs case, that although already dismissed, is on automatic review by no less than Justice Secretary Vitaliano Aguirre II, the same person who wants him to head the Bureau of Corrections (BuCor).

Department of Justice (DOJ) Undersecretary Erickson Balmes confirmed on Tuesday, July 18 that the automatic review of Santiago's case has been transferred from the Offce of the Prosecutor General (OPG) to Aguirre's office.

"That's already a dismissed case. Automatic review is part of the process," Santiago told Rappler in a text message, saying it was a "crazy" case initiated "by shady characters" of the Philippine Drug Enforcement Agency (PDEA).

In 2012, the National Bureau of Investigation (NBI) filed a complaint before the DOJ against Santiago for violation of Sections 5 and 7 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

The complaint alleged that Santiago, as former head of the PDEA, allowed the illegal sale of contrabands such as chemicals seized during the agency's operations. Santiago was no longer with PDEA when the complaint was filed.

"Ang mga nag-file ay shady characters ng PDEA who later on wanted to use me against (former PDEA chairmen) Jose Gutierrez Jr and Arturo G. Cacdac Jr.," Santiago said.

(The people who filed the complaint are shady characters of PDEA who later on wanted to use me against Gutierrez and Cacdac.)

Balmes said the case was dismissed during the previous DOJ leadership, by former Prosecutor General Claro Arellano. Balmes has yet to respond to request for a full copy of Arellano's resolution dismissing the case.

The process of automatic review of illegal drugs cases has been DOJ rules since 2003.

Aguirre has formally sent a letter to President Rodrigo Duterte recommending Santiago to become the next BuCor chairman, replacing Benjamin De Los Santos who resigned last week.

BuCor is plagued by issues of drug trade resurgence, which became one of the reasons for De Los Santos' resignation. De Los Santos said the issue has made him "irrelevant."

Santiago added: "They charged also the destruction facility Green Planet. Up to now that company continues to serve PDEA. They were also exonerated. A lot of innocent people were dragged though nobody benefitted from it. It is a crazy case na discredited people ang nag-initiate."

Two agencies? Why not?

In an earlier text message, Santiago said he is willing to lead both the DDB and BuCor if given the chance. Santiago was recently named DDB Chair by Duterte after the President unceremoniously fired Benjamin Reyes for contradicting the figures of drug addicts.

Santiago is Duterte's source for his figure of 4 million drug addicts in the Philippines, in contrast to DDB's own count of only 1. 8 million.

"The campaign will be more effective with that arrangement. However, we have to verify first and see to it that there will be no violation of the law," Santiago said. 

Aguirre has not responded to Rappler as of posting time asking if there is a conflict given that he is handling the automatic review of Santiago's case.

In his recommendation letter sent to Duterte on July 14, Aguirre praised Santiago "for the continuity of leadership and programs that deals with the eradication of proliferation of drug transactions inside the New Bilibid Prisons (NBP) and other penitentiaries under the supervision of the Secretary of the DOJ."

Santiago is a retired general who Aguirre said "can very well lead the BuCor." Rappler.com

Rudy Fariñas, boss in the House

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IN HIS ELEMENT. As House Majority Leader, Rodolfo Fariñas has delivered the votes needed to pass the President's priority bills. Photo by LeAnne Jazul/Rappler

MANILA, Philippines – In the House of Representatives, one fact is indisputable: Rodolfo "Rudy" Fariñas runs the show.

It is what's expected of a majority leader in the chamber, to be sure. But lawmakers say he's more than that – as Fariñas lectures them on rules, mobilizes them for  a vote, punishes them when they're late, and, in the middle of a verbal brawl, gives the last word.

In the last 12 months, he has shown the Duterte administration that the gamble on the ex-Liberal Party (LP) member is paying off. 

Fariñas' current post puts the Ilocos Norte 1st District representative at the center of political and media attention – whether he likes it or not. His interview with Rappler was held at a 5-star hotel overlooking Manila Bay. Drinks were overflowing, but Fariñas said he preferred to be home. If it weren’t for Speaker Pantaleon Alvarez, who hosted that evening’s cocktails, he said would have gone back to Laoag City to be with his grandchildren instead. 

Katulad nito, as majority leader, nagkakaroon ako ng mga obligations na I would rather not have. Sinasama ako ni Speaker sa mga travel sa abroad. May mga AIPA and everything. One dinner lang ako then ‘yung iba, ayoko na sumama,” said Fariñas. (Like this one, as majority leader, I have obligations I would rather not have. Speaker would bring me along on travels abroad, including AIPA. One dinner is enough for me, the rest, I no longer want to join.)

He was sipping his glass of whiskey in between replying to various Viber threads he created with other lawmakers. Across the hall, legislators from the ASEAN Inter-parliamentary Assembly were enjoying the night after two days of discussing how to fight the drug menace. 

Days of booze and parties

In some ways, this is not the Fariñas of the 1970s and '80s, the partying Atenean who somehow still aced his classes and even landed in the top 8 of the 1978 Bar exams.

He's had a fast rise in politics as mayor and governor, but he also sufferred successive losses in his family and political life. One after the other, Fariñas lost his father, his older brother, his seat in Congress, and his wife Maria Teresa Carlson, who jumped to her death from her apartment in San Juan, Greenhills.

In 2015, Fariñas also lost his 20-year-old son and namesake Rodolfo “JR” Fariñas Jr, who died in a motorcycle accident in Ilocos Norte.

The 65-year-old lawmaker has bounced back. These days, he is holding the second highest position in the House, busy coming up with votes for the controversial pet bills of President Rodrigo Duterte.

“I am a worker, but a politician, no,” Fariñas insisted. 

He's both, as his track record shows.

He was instrumental in the impeachment of Merceditas Gutierrez as Ombudsman in 2011 and the late Renato Corona as chief justice in 2012, fighting the political wars of then president Benigno Aquino III for which he earned Aquino's respect.

Recently, Fariñas' political muscle managed to bring his squabble with Ilocos Norte Governor Imee Marcos into the national spotlight through a congressional probe into her alleged misuse of tobacco funds.  

The last word

Fariñas has been known to give room for discussions in the House, but once he speaks, it's almost always the last word.

His presence in committee meetings is a signal to House reporters that a bill will likely be approved that day. The lawyer-turned-lawmaker easily turns legal jargon into catchy soundbites, often winning arguments on the floor no matter how hard those opposing him try. (READ: When the House whips go to work for the death penalty)

When the controversial death penalty bill was up for 2nd reading in February this year, several opposition lawmakers tried to use the quorum rule to delay the process. But when a heated exchange between Albay 1st District Representative Edcel Lagman of the opposition and Deputy Speaker Raneo Abu seemed to be go nowhere, Fariñas stepped in.

"Because they want to speak, we are accommodating them to speak. But when they speak, they demand that at least 51% should be present here to speak. Eh 'di na namin problema 'yun kung walang gustong makinig sa inyo (It's not our problem anymore if no one wants to listen to you)," said Fariñas, his colleagues at rapt attention on him.

"I will now lay on the floor that we will meet in the committee on rules… and I will call for the caucus of the majority. And if the majority says, 'Enough debates already. Let us vote on the matter,' eh maski gusto ko po kayong pagbigyan, kung ayaw na ng nakakarami, eh baka mapilitan po kaming itigil na ang debate dito at pagbotohan (even if I want to accommodate you, if the majority doesn't want to, then we may be forced to stop the debate and just vote on the bill)," he said.

Less than a month later, the House passed the death penalty bill on 3rd and final reading. 

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Fariñas also manages to put a sense of order and legality in committee hearings often criticized for the presence of grandstanding lawmakers who need a crash course in lawmaking.

When the House was assessing Magdalo Representative Gary Alejano's impeachment complaint against Duterte, Fariñas used Alejano's own verification of the document to rip his accusations apart. 

Fariñas argued that Alejano's "lack of personal knowledge" made his allegations against the President "baseless." In under 4 hours, the justice committee junked the impeachment bid. 

Most of the hours of the 3-day congressional probe into the deadly Resorts World attack also featured a Fariñas almost tireless in interpellating hotel management and law enforcement officials.

He and Alvarez were given unlimited time to grill the resource persons, but it was only Fariñas who was seen throwing questions from morning until the early evening. 

Stickler for rules

Despite his strong personality, legislators said Fariñas has not resorted to threats in dealing with colleagues who disagreed with administration bills.

Instead, Akbayan Representative Tom Villarin of the opposition bloc said Fariñas often stresses his point “laced with ‘pakiusap (request)' but firm.”

“He is confrontational but not unreasonable. He always goes for winning an argument,” said Villarin.

A stickler for rules, Fariñas is called “Manong Rudy” in the House, a sign of respect for the veteran.

Fariñas has been implementing a strict attendance policy during the Tuesday meetings of the committee on rules, of which he is chairperson.

Deputy Majority Leader Juan Pablo Bondoc said any lawmaker who comes in late is barred from entering the meeting, even if he or she is just a minute late. The House leadership plans to implement a similar policy during plenary sessions starting July 25.

“I like working under him. He's very stimulating and it's very productive. The hours that you put in are rewarded with output… For one, he's a workaholic. So if you're interested putting in long hours and seeing results, matutuwa ka (you’ll be satisfied),” said Bondoc, who has worked with Fariñas with the committee on rules for 16 years.

Bondoc said Fariñas “sees himself as a mentor” who shares information with lawmakers, but who will not think twice in correcting their mistakes. The Pampanga 4th District representative likens hanging around with Fariñas to “taking a masters degree in public administration.” 

Bondoc said Fariñas holds the trust of most members of the House, where at least 267 out of 291 lawmakers are allied with the majority.

“[It’s] bordering on blind faith…. In the world of politics, there's this expression that Camelot exists – that for a brief shining moment, you can have an institution that you can really believe in. Camelot exists under our Speaker, under Cong Rudy, because wala pang nakapagpabago nang mabilis [tulad nila] (no one has introduced change as fast as they have),” said Bondoc.

Working with Alvarez

So how does a strong personality avoid clashing with the Speaker of the House?

It was Alvarez himself who had offered the House majority leadership to Fariñas. Alvarez knew very well how Fariñas can deliver on the floor, having worked with him for the first time in the 11th Congress in 1998 to 2001.

Fariñas said Alvarez, whom he calls by his nickname Bebot, was already calling him "right after the electon of May 9" to offer him the job.

"Alvarez uses Fariñas to get things in order," said a source close to the two. 

Villarin said Alvarez's "choice of a veteran" in Fariñas has helped the Speaker "reap dividends" in the lower chamber as well.

"Cong Rudy is a veteran House member while the Speaker is just a neophyte member. Cong Rudy knows many of the lawmakers and thus can relate closely with many of them," said Villarin.

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Alvarez and Fariñas have found a "system of mutual respect" that allows them to run the House with no conflicts at all. Photo by Mara Cepeda/Rappler           

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Prior to being elected in the House in 2016, Alvarez' last stint in government was as transportation secretary from 2001 to 2002. Fariñas, on the other hand, is already on his 3rd term as lawmaker. 

Known or derided for their machismo, Alvarez and Fariñas have worked out a "system of mutual respect" as they lead the charge in the lower chamber.

"They are a very effective tandem because the policies are set by the Speaker and carried out by the majority leader. And since both are skilled, the transition is seamless. There's no ego involved," said Bondoc. 

"Walang pag-aawayan eh. Tsaka parehong 'di natatakot," he added. (They have nothing to fight about. They're both fearless.)

The doting 'Dang Dang'

Trust is a crucial thing for Fariñas, who describes himself as “independent-minded". This is why he would always get one of his 8 children – two from a longtime girlfriend from the 1980s and 6 with Carlson – as his chief of staff in Congress. 

Mula nung nasa Congress ako, I make one of my children my chief of staff dahil alam nila ‘yung style ko. Nabibilinan ko sila and everything. Nakakatulong din sila para nandun ‘yung complete trust and confidence, and then parang natutulungan nila ako talaga,” said Fariñas. 

(Ever since I joined Congress, I make one of my children my chief of staff because they know my style. I can tell them what to do. They are able to help me, with my complete trust and confidence.)

He said other people have had trouble working with him, except his kids. 

Otherwise, nahirapan ‘yung iba sa akin eh. Nahirapan dahil masipag ako, slave driver ako,” he said. (Otherwise, people find it difficult to work with me. They have a hard time because I work hard, I am a slave driver.)

Despite his political prowess, Fariñas is protective of his children and has a soft spot for his grandchildren. 

Since JR’s death in 2015, Fariñas has attended more than 427 Masses for his son, most of which were held near the spot along the highway in Bacarra where the accident happened. 

“Every Saturday night, I sleep in the treehouse. I built a treehouse next to where my son died. When he died, I saw his dream treehouse on his phone, so I built it on a tree next to where he fell down. That’s where I sleep, then at 5:30 in the morning, we hold the Mass,” said Fariñas.  

A FATHER'S PROMISE. Fariñas speaks during a Mass held in memory of JR on June 11. Behind Fariñas is the treehouse he made in honor of his late son. Photo courtesy of Fariñas

He also attends 3 Masses every day for JR at the church near Fariñas’ Mandaluyong condominium. He said it’s convenient that the church holds Masses that last just for 30 minutes early in the morning. 

Mondays to Thursdays are for legislative work, but Fariñas reserves Fridays to Sundays for family.

He would spend the weekend bonding with his grandchildren, bringing them to picnics and camping trips. He said they call him "Dang Dang."

But now that Fariñas is majority leader, family time has to be sacrificed. “Nagkagulo-gulo schedule ko – ‘yung kay JR, ‘yung Misa ko, ‘yung exercise, and everything. Hands-on kasi ako eh (My schedule is now messed up – for the Masses for JR, my exercise, and everything. It's because I’m a hands-on person). I'm the earliest to go to the House, I'm the latest to go. I attend committee meetings. Lahat mino-monitor ko. So nadi-disrupt 'yung private life ko (I monitor everything. So my personal life is disrupted),” said Fariñas.

Gusto ko nga laid back lang ako eh. Majority Leader nga, pero kung palitan nila ako, thank you lang sa akin 'yan eh,” he said. (I just want to be laid back. I am the Majority Leader, but if they replace me, that would just be gratitude on my part.)

Falling out with Marcoses

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"Everyone knows that I did not support the President during the elections, and yet they offered me to be the Majority Leader, that’s why I’m here." Photo by Jasmin Dulay/Rappler                     

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The high value that Fariñas puts on family is reflected in his politics too.

He is the perfect political ally because he will work according to agreed upon terms, but mess with his relatives and it becomes personal for Fariñas.  

Many point to local politics as Fariñas’ motivation for probing Imee Marcos over her alleged misuse of P66.45 million in tobacco funds. Ironically, Fariñas had joined Imee Marcos in 2012 when she distributed the 40 mini-cabs being investigated by the House today.

While the majority leader admitted he was present during the vehicle distribution 5 years ago, Fariñas said he had no idea the transaction was anomalous. At the time, Fariñas and Imee Marcos were still friends. 

Ilocos Norte is a bailiwick of the Marcos family. The clan has alternatively been allies and rivals with the Fariñas family over the years, whichever is convenient politically. 

But Fariñas said their falling out began when the Marcoses wanted to control Laoag, where several of his relatives, including himself, have held local positions.

Fariñas said Imee Marcos had urged Chevylle, the wife of his nephew Michael, to run for mayor in 2013 against Fariñas’ brother Roger, ex-city mayor. Backed by the Marcoses, Chevylle won the polls. 

Naasar na ko sa kanya. Sabi ko, 'Imee, family ko ito. Laoag has always been [ours]. Mayor ako ng Laoag. This is my political base. Give it to me. Ikaw na nga, lahat ng mayor, sa'yo na. Ikaw na pinapapili ko. Lahat sa 'yo na.' Eh ayaw niya. Eh 'di nagkaroon kami ng sama ng loob,” said Fariñas.

(That’s when I got pissed off with her. I told her, ‘Imee, this is my family. Laoag has always been ours. I am the mayor of Laoag. This is my political base. Give it to me. You already have hold over all the mayors. I let you choose. Everything is already yours.' But she refused. That’s when we started holding grudges.)

Michael would later reunite with his uncle after the death of JR in 2015.

It was also in 2013 when Fariñas’ daughter Ria won as senior provincial board member despite not being under Imee Marcos’ ticket. 

“‘I asked her (Imee Marcos), 'Puwede ba si Ria for board member? [Imee said], 'O sige.' Last day of filing, nag-text kay Ria. ‘Ria, sorry, you have no more place.’ Five seats, wala man lang isa para sa anak ko?” said an irked Fariñas.

(I asked her, ‘Can Ria be a board member?’ Imee said, ‘Yes.’ On the last day of filing, she texted Ria to say, ‘Ria, sorry, you have no more place.’ You have seats 5 to fill but no slot for my daughter?) 

In retaliation, he campaigned hard for Ria. It resulted in his daughter emerging as the provincial board candidate with the highest number of votes.

Last straw

The tipping point came in last year’s elections, when the Marcoses did not issue Fariñas a certificate of nomination and acceptance (CONA) as Ilocos Norte 1st District representative bet under the “One Ilocos Norte” ticket.

At the time, both Fariñas and Imee Marcos were part of the Nacionalista Party (NP) of the Villars. Imee Marcos had considered running for Congress.

Sinabi niya kay Villar ngayon, ‘‘Yung CONA for NP, akin na kasi ako tatakbo na congresswoman' (She told Villar, ‘The CONA for NP will be mine because I’m running for congresswoman’). The Villars gave it to her because Mrs [Imelda] Marcos was NP, Bongbong was NP, she was NP,” narrated Fariñas.

NP rin ako, pero nag-apologize na si Manny Villar sa akin. 'Sorry, Rudy, kasi sabi niya tatakbo siya’ (I was NP as well but Manny Villar apologized to me and told me, ‘Sorry, Rudy, because she said she would be running’). Eventually, she did not run. She did not give me the CONA,” he added. 

This forced Fariñas to eventually run under the then-ruling LP for Congress.

But after he won the seat, Fariñas jumped ship to Duterte’s Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban). It was the natural thing to do, with party stalwarts already offering him the majority leadership just days after the polls.  

Several sources said Imee Marcos supposedly had texted PDP-Laban leaders to question Fariñas’ appointment in the House, too. 

Ngayon, si Imee sisiraan niya ko na Liberal Party [ako], eh alam naman ’yun ng Presidente. Alam nila. Everybody knows naman eh, na ‘di naman ako sumuporta kay Presidente [nung elections] and yet they offered me [to be the Majority Leader] kaya ako nandiyan,” he said.

(Now, Imee is trying to tarnish me by saying I was from the Liberal Party, but the President knows that. Everyone knows that I did not support the President during the elections, and yet they offered me to be the Majority Leader, that’s why I’m here.)

Fariñas had campaigned for LP’s Manuel "Mar" Roxas II for president, but he said he rallied support for Ferdinand “Bongbong” Marcos Jr for vice president just because they were both Ilocanos. 

Retiring in 2019?

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Fariñas insisted he did not initiate the congressional probe against Imee Marcos out of a political grudge. She had called the House investigation an“inquisition” against her by a rival eyeing higher office.

“No. This is an investigation – clear and simple. Their spin is that I am interested to run. I don't know! I'm not interested in any political office in 2019,” said Fariñas.

In political circles, Fariñas is rumored to be eyeing several positions: senator, interior secretary, and even ombudsman. But he said he already wants to retire when his term in Congress ends in two years.  

“I want to retire. I'm tired of politics. I started in 1980. So by 2019, 39 years na 'yan. Ang haba na niyan eh!” said Fariñas. (So by 2019, that’s 39 years already. That’s too long already!)

Still, this is easier said than done.

“I'm not even interested in making a legacy. Wala ako nun, wala (I don’t have that, nothing),” said Fariñas when asked what he wanted to be remembered for once he leaves politics for good.

“Let them remember me for what they think. I just do my work.” – Rappler.com

Inside SC: Justice De Castro vs CJ Sereno?

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On July 10,  Associate Justice Teresita Leonardo-De Castro sent a 5-page memorandum to all the justices of the Supreme Court (SC). The content? Three objections to the actions of one: Chief Justice Maria Lourdes Sereno.

The 3rd item on the memorandum pertains to the foreign travel of Sereno's staff lawyer, Ma Lourdes Oliveros.

"The Chief Justice granted (Oliveros) foreign travel allowances charged to the Supreme Court funds without Court approval. The same is true with the foreign travel of the other staff in the OCJ," Leonardo-De Castro wrote.

Leonardo-De Castro said it should be the court en banc, not just Sereno, who should approve official travel business.

Because of this, Leonardo-De Castro said the SC should collegially "impose compliance" to this rule. (READ: Sereno faces uphill battle in High Court)

Appointment of official

The 2nd item questions the appointment of Brenda Jay Mendoza as head of the Philippine Mediation Center (PMC).

PMC is under the Philippine Judicial Academy or Philja, which is the "training school for justices, judges, court personnel, lawyers and aspirants to judicial posts."

According to Leonardo-De Castro, Sereno and two senior justices acted on their own in appointing Mendoza to the post even though there is an administrative order which says it should have been a collegial decision of the court.

Leonardo-De Castro said that when SC appointed Sandiganbayan Associate Justice Geraldine Faith Econg as PMC Chief in 2015, the full court approved it. (READ: Scrutinizing Sereno, one year after)

"No Philja board resolution recommending Atty. Mendoza as PMC chief was submitted to the Court for action unlike in the appointment of PMC chief Econg. Hence, Administrative Order No. 33-2008 was not followed in the appointment of Atty. Mendoza," she said.

"The Chief Justice submitted the said appointment to two other Senior justices only," Leonardo-De Castro said without naming the two other justices.

The Associate Justice is asking her colleagues to review Mendoza's appointment. 

MEMORANDUM. Last page of Associate Justice Teresita Leonardo-De Castro's memorandum sent to Supreme Court justices on July 10, 2017.

Vacancies

The first item is a complaint that Sereno has not yet acted on the appointments of key positions in SC pending before her office.

For example, Leonardo-De Castro said the SC has not had a deputy clerk of court and chief attorney for 3 years and 8 months now. Two positions for assistant court administrator have also been vacant for more than 4 years.

Leonardo-De Castro said that before he retired, former Associate Justice Jose Perez requested Sereno "several times" to put the vacancies on the court agenda.

"The requests remained unheeded by the Chief Justice even up to now," she said.

Leonardo-De Castro ended her memorandum by recommending 4 actions to address the issues she raised. One of which asks the justices to "order the posting of the long-vacant positions and adopt guidelines to require expeditious posting and filling-up of vacant positions to serve the best interest of the service."

This is not the first time that the two justices clashed heads. (READ: Jardeleza's SC entry and Sereno's eroding clout)

Leonardo-De Castro was the one who questioned Sereno's decision to reopen the Regional Constitutional Administrative Office (RCAO) in Visayas in 2012.

SC eventually revoked the order. – Rappler.com

Imee Marcos jokes: Easy to drag 'jobless' Enrile around

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ALLIES. Ilocos Norte Governor Imee Marcos talks to ex-Senate president Juan Ponce Enrile during the House probe on July 25, 2017. Photo by Jasmin Dulay/Rappler

In 1986, then-defense minister Juan Ponce Enrile was a key figure in the revolt against the dictator Ferdinand Marcos. But 31 years later, Enrile is helping the daughter of the late strongman.

Ilocos Norte Governor Imee Marcos brought out the big guns and got Enrile as her legal counsel as she faced the House committee on good government and public accountability on Tuesday, July 25. (READ: Imee Marcos apologizes to House, Aquino over P100-M bribe claim)

Her political rival, Ilocos Norte 1st District Representative and House Majority Leader Rodolfo Fariñas, had initiated the probe into Marcos' alleged misuse of P66.45 million in tobacco funds to purchase motor vehicles. 

Marcos, however, managed to testify without being cited in contempt and getting detained by the committee. The 6 other local officials previously detained by the House were finally released as well.

"Nagpapasalamat din ako kay [former] Senate president Enrile sa kanyang tulong. Palibhasa beterano siya sa mga gulong ganito!" said a laughing Marcos. 

(I also thank former Senate president Enrile for his help. He's a veteran in this kind of mayhem!)

The governor even added that she is willing to attend future hearings if she is going to be invited. Enrile, who supported the hero's burial for the elder Marcos, said he would accompany the governor again if needed. 

"Ang ganda ng escort service ko! (I have a cool escort service!)" quipped Marcos.

But asked what prompted Enrile to help the governor even if he had helped oust her father, the former Senate president only said: "Alam mo, wala akong ginagawa ngayon eh (You know, I'm not doing anything now)."

"Pareho sila ni Bongbong – jobless – kaya madaling kaladkarin (He and Bongbong are the same – both jobless – so it's easy to drag them around)," Marcos chimed in, referring to her brother, former senator Ferdinand "Bongbong" Marcos Jr. 

It seems the hatchet has long been buried here. – Rappler.com

2017 SONA: Fact check, context

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MANILA, Philippines – Prior to his second State of the Nation Address (SONA) on July 24, Malacañang said President Rodrigo Duterte would tackle his administation's key agenda on prosperity, law and order, and peace under the theme, "A comfortable life for all." Duterte did talk about this – and more.

 

(HIGHLIGHTS: President Duterte's 2017 State of the Nation Address)

The President started off his speech discussing his biggest campaign promise in 2016: wiping out drugs and criminality. He then talked about threats to peace, blasting the communist movement and warning against the ISIS threat in Mindanao.

Around 20 minutes into his SONA, as he began talking about the mining industry, Duterte went off-script with a long-winded tirade against critics.

His pet project – federalism – was compressed in one sentence with the issue of the West Philippine Sea.

Analysts later lamented what they said was lost opportunity at SONA, noting that the Chief Executive turned it instead into a "bully pulpit."

Below are the President's key statements and pronouncements on different topics during his second SONA. Rappler fact-checked and evaluated these for accuracy and context.

Orders/Requests | Accomplishments | Attacks on critics | Topics missed, barely there


Orders and requests

Duterte issued various orders and instructions to Cabinet officials and heads of government agencies. He also urged Congress to pass laws that would be essential to his administration. (READ: 6 priority bills of Duterte in SONA 2017)

On food production in Mindanao

I refer to climate change, which could bring drought and long dry spells affecting food production in Mindanao, given the fact that Mindanao is unusually warming. I ask all agencies involved in food production to look into this and act accordingly.

Provinces in Mindanao have consistently been the poorest in the Philippines due to several factors such as conflict. Yet, the island is rich with natural resources.

Mindanao is considered the country's food basket, producing 40% of the Philippines' needs and contributing at least 30% to the Philippines' food trade. In fact, 1/3 of its land area is devoted to agriculture.

But its food-producing capabilities are at risk due to climate change. According to PAGASA's Climate Monitoring and Prediction Section, Mindanao is the region in the Philippines most vulnerable to the impacts of El Niño because of its proximity to the equator. (READ: How vulnerable is Mindanao to El Niño)

On the National Land Use Act

I am appealing to all our legislators to immediately pass the National Land Use Act or NALUA to ensure the rational and sustainable use of our land and our physical resources, given the competing needs of food security, housing, businesses and environmental conservation.

On May 2, 2017, the House approved on third reading House Bill 5240, or "An Act Instituting a National Land Use and Management Policy, Providing the Implementing Mechanisms Therefore, and for Other Purposes." It was transmitted a week later to the Senate, where it remains pending at the committee level.

On monitoring mining operations

To our employees and officials of the LGUs [local government units] tasked with monitoring these mining operations within their territorial jurisdictions, do your job without fear or favor.

While the President had tough words against irresponsible miners – warning them of steep taxes– analysts pointed out that Duterte did not back his environment secretary, the environment advocate Gina Lopez, when she was rejected by the Commission on Appointments.

On disaster response

I am directing the Cabinet Cluster on Climate Change Adaptation and Disaster Risk Management to immediately work hand in hand with the concerned LGUs, the private sector and the affected communities themselves, in undertaking disaster [resiliency] measures, antidotes.

I am calling [on] both houses of Congress to expeditiously craft a law establishing a new authority or department that is responsive to the prevailing 21st century conditions and empowered to best deliver [an] enhanced disaster resiliency and quick disaster response.

The National Disaster Risk Reduction and Management Council (NDRRMC) has been consistently working with national and local governments to mitigate the impact of disasters while training communities to be more resilient.

But under the 2017 national budget, the fund for disaster management dropped by P23 billion – from P38.9 billion in 2016 to P15.7 billion in 2017.

The People's Survival Fund (PSF) is another source of money for climate change adaptation and disaster risk reduction programs. But until now, the bulk of the P1-billion allocation has yet to be given to implementing agencies.

On the death penalty

I therefore ask Congress to act on all pending legislations to reimpose the death penalty on heinous crimes — especially on the trafficking of illegal drugs.

One of Duterte's priority measures, the bill to reinstate capital punishment was passed by the House of Representatives on third and final reading in March.

But Senate Minority Leader Franklin Drilon has said the bill is already "dead," saying at least 13 senators are likely to oppose it. Senator Panfilo Lacson reiterated this after Duterte's SONA.

On streamlining the government

Let us trim the excess fat and add more muscle through the expeditious passage of "The Act Rightsizing the National Government to Improve Public Service Delivery and for other Purposes." I therefore urge Congress to pass this at the soonest.

House Bill 5707 was approved on second reading on May 30, 2017. Its counterpart at the Senate, Senate Bill 1395, is pending second reading.

The proposed measure seeks to implement a rightsizing program in the national government, and its optional adoption in the legislature, judiciary, constitutional commissions, Office of the Ombudsman, and LGUs.

On traffic congestion

Iyong EDSA na iyan, traffic obstructions and undisciplined drivers who stop in the middle of the road, and unsanctioned barriers in some areas.

I am directing the MMDA and the LGUs of Metro Manila, as well as the LGUs of Metro Cebu and all our regional centers to ensure the free flow of traffic, and immediately clear our roads and thoroughfares of all unnecessary obstruction, including vehicles parked on the streets/barriers.

MMDA data shows that the average travel time along EDSA in July 2016 was 1 hour, 26 minutes, and 22 seconds. The current average travel time for June 2017 is 1 hour, 8 minutes, and 47 seconds – a 17-minute difference.

Last April, the Metropolitan Manila Development Authority (MMDA) filed supplementary complaints before the Office of the Ombudsman against two barangay chairmen who did not act on the agency's reports and recommendations against parking violators.

On Mighty Corporation's tax case

I have directed the DOF and the BIR to accept Mighty Corporation's offer of P25 billion to settle its tax liabilities. After the settlement, Mighty will no longer engage in the tobacco business.

Days before Duterte's SONA, the Department of Finance (DOF) received a P25 billion offer from Mighty Corporation to settle its tax cases. Included in the settlement was the halting of Mighty Corporation's operations. The tobacco company is currently facing 3 tax cases before the Department of Justice, totalling P37.88 billion.

President Duterte earlier called out and ordered the arrest of the owners of the tobacco company for alleged "economic sabotage," the use of fake cigarette tax stamps, and bribery.

Duterte added that the funds from the company's offer will be used to rebuild Marawi and Ormoc. He added that criminal charges against the company can still be pursued.


Accomplishments

The President also touted some of his accomplishments during his first year in office.

Benefits to injured soldiers, cops

They are the silent heroes who risk their lives everyday for our country's security. In recognition of their valor, we have crafted a program to provide them with comprehensive social assistance, including financial, should they meet harm in the performance of their duty.

On March 31, the Department of the Interior and Local Government (DILG) along with the Department of National Defense (DND), in cooperation with the Office of the President and supporting agencies, launched the Comprehensive Social Benefits Program for armed forces and police personnel killed or wounded in action. They can get up to P500,000 in financial assistance, along with other benefits from the government.

Duterte also said in his speech that he would "save" money for the military. "You know, this is my proposal. I may be totally wrong and I will accept it, but this is mine. From now on, I will save money for the Armed Forces of the Philippines. We have lost so much soldiers."

While he did not elaborate, Section 5(5), Article XIV of the 1987 Constitution mandates that the biggest chunk of the national budget should go to education.

Foreign relations

We have cultivated warmer relations with China through bilateral dialogues and other mechanisms, leading to easing of tensions between the two countries and improved negotiating environment on the West Philippine Sea.

Duterte has pivoted from the Philippines' longtime ally, the US, toward friendlier relations with China. Critics have slammed the President for not asserting the arbitral ruling on the disputed South China Sea that the Philippines won. Duterte has said that China warned of war if the Philippines forces the issue.

In October 2016, Duterte visited China, restoring bilateral relations between the two countries. He also came home with plenty of cooperation deals with the Chinese government, billions worth of business and financial deals, and worth of developmental assistance. But some of these were not binding. (READ: What Duterte accomplished in China)

Infrastructure projects

We will make the next few years the "Golden Age of Infrastructure" in the Philippines to enhance our mobility and connectivity, and thereby spur development growth equitable in the country. In other words, we are going to Build, Build and Build.

Duterte said in his speech that 15 new RORO vessels have been launched, as well as an ASEAN RO-RO shipping route connecting the ports of Davao and General Santos to Bitung in Indonesia.

He also mentioned China's commitment to build two bridges to span the Pasig River. The Philippines and China signed the deal for a P3.6-billion grant in May 2017.

Tax reform

I commend the House of Representatives for heeding my urgent certification of the tax reform by passing the first of 5 packages of the Comprehensive Tax Reform Program with an overwhelming 246 votes, representing almost 9 percent of the Filipino people.

On May 31, 2017, Congress approved on third reading House Bill 5636. This came two days after President Duterte declared tax reform proposals as urgent.

The bill is now in the Senate, where it is expected to face opposition. Duterte acknowledged this in his SONA when he said, "I call on the Senate so support my tax reform in full and to pass it [with] haste."

The tax reform package is crucial in the administration's infrastructure agenda, with 66% of Duterte's "Build Build Build" program expected to come from revenues generated from the proposed tax reform.   

Salaam TV

The government-owned Salaam Digital TV, the first Muslim TV in the Philippines, is now already on test broadcasting.

This fulfills one of the promises in his first SONA last year. The Philippine News Agency (PNA) reported that test broadcasts were aired via digital transmission on ABS-CBN TV Plus devices. Salaam TV's formal launch was scheduled on July 23, the eve of Duterte's 2nd SONA, said the PNA.


Attacks on critics

In his second SONA, Duterte once again went on the offensive against entities he perceives to be critical of his administration.

Rappler and the media: Duterte made special mention of Rappler and broadcast giant ABS-CBN. He claimed that Rappler is "fully owned" by Americans, saying that this violates the Constitution. This is wrong. Rappler is 100% Filipino owned. (READ: Debunking lies about Rappler

Duterte also said the media was misreporting his statements. In the past, Duterte has also hit broadcast network ABS-CBN and the Philippine Daily Inquirer.

United Nations: Duterte again hit experts from the UN for criticizing his drug war and urging officials to respect human rights. (READ: Duterte hits drug war critics: 'Bakit kayo bilib diyan sa mga puti?')

Senator Leila de Lima: While slamming international critics, Duterte mentioned Senator Leila de Lima, who is currently detained on allegations she helped facilitate the drug trade in the New Bilibid Prison back when she was justice secretary. Duterte raised questions on De Lima's credibility, apparently referring to her affair with her driver: "You saw the videos. Is she a credible woman? Can she be a moral person?" 

Former US President Barack Obama: Duterte drew comparisons with his reception from the ex-US president and the current president, Donald Trump.

Duterte previously criticized Obama for exhorting him to conduct his crime war "the right way." In contrast, Duterte said that Trump – in a phone call last April– praised him for his controversial drug war.

International Criminal Court: In an apparent reference to the impeachment complaint filed against him before the ICC – not the International Court of Justice as Duterte mentioned – the President said he will not be cowed. "I am willing to go to prison for the rest of my life. Ang importante sa akin ginagawa ko 'yung gusto ko." 

The Left and Joma Sison: In his first SONA, Duterte announced a unilateral ceasefire with the Left as a gesture of goodwill for peace talks. One year later, in his next SONA, Duterte said he would no longer pursue peace negotiations.

He also claimed communist leader Joma Sison was suffering from colon cancer, which Sison denied


Topics missed, barely there

Despite his address running 2 hours long, Duterte missed discussing important topics, some of which he advocated for in the past.

What got left out

For instance, while Duterte vowed no let-up in the "war on drugs," there were no updates regarding the drug rehabilitation part. In his first SONA last year, Duterte said that a rehabilitation program for drug users is a priority.

The end of contractualization was also not in his address, despite clamoring for it himself as President. Labor unions were expecting Duterte to urge Congress to pass related House bills, and announce the release of an executive order banning all forms of contractualization. (READ: Duterte's silence on workers' issues in SONA 2017 disappointing – labor unions)

Duterte listed specific measures to boost the country's agricultural productivity. But agriculture was not mentioned in his second SONA, although the agriculture secretary said it was mentioned when the President talked about the environment and climate change.

Duterte also missed listing the fruits of his foreign trips.

Analysts likewise said the President did not point out the accomplishments of some Cabinet offices, such as the social welfare and the trade department.

Finally, with just 3 months away from the October barangay and Sangguniang Kabataan (SK) elections, Duterte didn't push Congress for its urgent postponement. The President sought to defer it because "drug money" may supposedly influence the elections. (READ: Duterte wants to appoint barangay OICs if polls reset)

Barely there

Meanwhile, some issues were discussed only briefly. 

The territorial dispute in the West Philippine Sea and the push for federalism were compressed in one sentence, with Duterte saying these matters would have to be tackled "sooner or later."

Duterte also mentioned his plans to enhance education and training programs, as well as commit to the full implementation of the K-12 program. But he did not expound on these plans and instead tackled plans to improve health services. – with interns Gari Acolola, Hannah Mallorca, Kaela Malig, and Marian Plaza/Rappler.com 

With CIDG 12 post, Supt Marvin Marcos may qualify for promotion

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SENIOR OFFICER SOON? Superintendent Marvin Marcos, the CIDG 12 chief, attends a Senate hearing in December 2016. File photo by LeAnne Jazul/Rappler

Will it be Senior Superintendent Marvin Marcos soon?

The controversial police officer accused of planning the killing of a suspected drug personality in the guise of a legitimate operation may just be promoted to senior superintendent, a senior commissioned post. He is currently a superintendent and chief of the Criminal Investigation and Detection Group (CIDG) Region 12.

During a Senate hearing into the killing of Albuera Mayor Rolando Espinosa Sr, Senator Panfilo Lacson – himself a former chief of the Philippine National Police (PNP) – asked if Marcos' current post would eventually pave the way for a promotion. PNP officials confirmed that the post is an "entry position" that could pave the way for promotion, as long as Marcos is not disqualified.

In the PNP, officers must meet several requirements before they can be considered for promotion, including time-in-grade or an officer's experience as well as further schooling.

According to Director Rene Aspera, chief of the PNP Directorate for Personnel and Records Management, Marcos has already met the experience requirement for the senior post.

"The reason I mentioned that is really to preempt kung ano man ang pinaplano nila because nasa entry na. Binigyan ng entry point para ma-promote. At least I made them conscious na nakabantay pa rin ang Senate," Lacson told reporters after the hearing.

(The reason I mentioned that is really to preempt whatever they're planning because he's already holding an entry post. He was given an entry point for promotion. At least I made them conscious that the Senate is still watching.)

Marcos was CIDG Region 8 chief when his personnel launched an operation against Espinosa inside the Leyte sub-provincial jail in Baybay City, Leyte. Espinosa was killed because, according to police, he "fought back."

But the Senate, the National Bureau of Investigation (NBI), and the Department of Justice (DOJ) said it was a case of murder. (READ: NBI: Mayor Espinosa's death a 'rubout')

The DOJ later changed its mind, downgrading the case to homicide. Because of this, Marcos and his men were able to post bail. They were supposed to serve suspensions and demotions, as recommended by the PNP's Internal Affairs Service (IAS).

But President Rodrigo Duterte himself said he wanted Marcos reinstated. PNP chief Director General Ronald dela Rosa told the Senate that the President had "intimated" to him that he wanted the cops back to work because they needed more people in the field.

Since Marcos' next rank is that of senior superintendent, Duterte would be the approving authority for his promotion. 

Senators – both allies and critics of the President – have expressed outrage over the case, insisting that the downgrading of the murder charges and Marcos' subsequent reassignment may promote a culture of impunity in the police force.

"Hindi po mangyayari sa akin 'yan (That will not happen under my watch), your honor. I will stop impunity," said Dela Rosa during the hearing. – Rappler.com


FACT CHECK: DOT's 'misleading' tourism graphs in 2017 report

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MANILA, Philippines – On the same day President Rodrigo Duterte delivered his 2nd State of the Nation Address (SONA) on Monday, July 24, the Department of Tourism (DOT) reported its accomplishments in the first year of the Duterte administration. 

Using 2 graphs, the DOT said that tourist arrivals "increased by 71.83%" and tourism revenue "doubled" or increased by 109% during the first 11 months of Duterte's term, compared to figures recorded in the first 11 months of the previous administration.

There was something amiss, however, in interpreting and presenting the numbers. Eagle-eyed netizens like @econcepcion on Twitter and Jayson Bernard Santos on Facebook pointed out that the graphs were "misleading."

{source}

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Even a Grade 4 kid can spot what&#39;s wrong with the conclusion from these poorly made graphs. <a href="https://t.co/uM66b0AcPp">pic.twitter.com/uM66b0AcPp</a></p>&mdash; Ethel (@econcepcion) <a href="https://twitter.com/econcepcion/status/889467485912580096">July 24, 2017</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

{/source}

Percentage change, or the rate of change from an old value to a new one, is usually computed from the immediately preceding period of time.

Adding a line chart indicating percentage change directly from period 2010-11 to 2016-17 disregards progress achieved from Aquino's first year to the end of his term (June 2016).  

Compare apples to apples

If the DOT meant to emphasize the tourism achievements in the first year of the new administration, it should have compared improvements in tourist arrivals (or percentage changes) during President Duterte's first year with that of his predecessor, Benigno Aquino III.

At the most, what Duterte administration can essentially take credit for at this point is the period from June 30, 2016 (the day he took his oath of office) until July 2017.

In fact, if you look at the statistics for the intervening years, you will see that the numbers for tourist arrivals and tourism receipts have been improving each year since 2011. (Available data for 2017 is only up until May. We noted on the graph that such is the case.)

{source}

<iframe id="datawrapper-chart-UAxBt" src="http://datawrapper.dwcdn.net/UAxBt/2/" scrolling="no" frameborder="0" allowtransparency="true" allowfullscreen="allowfullscreen" webkitallowfullscreen="webkitallowfullscreen" mozallowfullscreen="mozallowfullscreen" oallowfullscreen="oallowfullscreen" msallowfullscreen="msallowfullscreen" width="100%" height="350"></iframe><script type="text/javascript">if("undefined"==typeof window.datawrapper)window.datawrapper={};window.datawrapper["UAxBt"]={},window.datawrapper["UAxBt"].embedDeltas={"100":442,"200":375,"300":375,"400":350,"500":350,"600":350,"700":350,"800":350,"900":350,"1000":350},window.datawrapper["UAxBt"].iframe=document.getElementById("datawrapper-chart-UAxBt"),window.datawrapper["UAxBt"].iframe.style.height=window.datawrapper["UAxBt"].embedDeltas[Math.min(1e3,Math.max(100*Math.floor(window.datawrapper["UAxBt"].iframe.offsetWidth/100),100))]+"px",window.addEventListener("message",function(a){if("undefined"!=typeof a.data["datawrapper-height"])for(var b in a.data["datawrapper-height"])if("UAxBt"==b)window.datawrapper["UAxBt"].iframe.style.height=a.data["datawrapper-height"][b]+"px"});</script>

<iframe id="datawrapper-chart-takPF" src="http://datawrapper.dwcdn.net/takPF/2/" scrolling="no" frameborder="0" allowtransparency="true" allowfullscreen="allowfullscreen" webkitallowfullscreen="webkitallowfullscreen" mozallowfullscreen="mozallowfullscreen" oallowfullscreen="oallowfullscreen" msallowfullscreen="msallowfullscreen" width="100%" height="350"></iframe><script type="text/javascript">if("undefined"==typeof window.datawrapper)window.datawrapper={};window.datawrapper["takPF"]={},window.datawrapper["takPF"].embedDeltas={"100":425,"200":375,"300":350,"400":350,"500":350,"600":350,"700":350,"800":350,"900":350,"1000":350},window.datawrapper["takPF"].iframe=document.getElementById("datawrapper-chart-takPF"),window.datawrapper["takPF"].iframe.style.height=window.datawrapper["takPF"].embedDeltas[Math.min(1e3,Math.max(100*Math.floor(window.datawrapper["takPF"].iframe.offsetWidth/100),100))]+"px",window.addEventListener("message",function(a){if("undefined"!=typeof a.data["datawrapper-height"])for(var b in a.data["datawrapper-height"])if("takPF"==b)window.datawrapper["takPF"].iframe.style.height=a.data["datawrapper-height"][b]+"px"});</script>

{/source}

The DOT should have displayed the figures for July 2015 to May 2016, the first 11 months of Aquino's last year, and see how it compares with that for July 2016 to May 2017, the first 11 months of Duterte's first year.

We then checked how many tourists visited the country in Aquino's 1st 11 months (July 2010 to May 2011), and compared it with arrivals during the same period in the last year of his predecessor, Gloria Macapagal-Arroyo (or from July 2009 to May 2010).

{source}

<iframe id="datawrapper-chart-KtOov" src="http://datawrapper.dwcdn.net/KtOov/6/" scrolling="no" frameborder="0" allowtransparency="true" allowfullscreen="allowfullscreen" webkitallowfullscreen="webkitallowfullscreen" mozallowfullscreen="mozallowfullscreen" oallowfullscreen="oallowfullscreen" msallowfullscreen="msallowfullscreen" width="100%" height="350"></iframe><script type="text/javascript">if("undefined"==typeof window.datawrapper)window.datawrapper={};window.datawrapper["KtOov"]={},window.datawrapper["KtOov"].embedDeltas={"100":552,"200":434,"300":392,"400":375,"500":350,"600":350,"700":333,"800":333,"900":333,"1000":333},window.datawrapper["KtOov"].iframe=document.getElementById("datawrapper-chart-KtOov"),window.datawrapper["KtOov"].iframe.style.height=window.datawrapper["KtOov"].embedDeltas[Math.min(1e3,Math.max(100*Math.floor(window.datawrapper["KtOov"].iframe.offsetWidth/100),100))]+"px",window.addEventListener("message",function(a){if("undefined"!=typeof a.data["datawrapper-height"])for(var b in a.data["datawrapper-height"])if("KtOov"==b)window.datawrapper["KtOov"].iframe.style.height=a.data["datawrapper-height"][b]+"px"});</script>

{/source}

Based on the chart above, tourist arrivals in Duterte's first 11 months increased by 11.61% from the same period in Aquino's last year.

Meanwhile, in Aquino's first 11 months, tourist arrivals increased by 16.72% versus the numbers from Arroyo's in the same period in her last year.

What data are readily available?

The statistics for 2017 so far, as displayed on DOT's website under the "Industry Performance" page as of this posting, is until the month of May only. This may explain why only the first 11 months of the Duterte administration were considered for the graph. But there are no stats on the said page for tourism receipts.

Figures for tourist arrivals per year and per month, from 2009 onwards, are available on the DOT website.

However, for estimated tourism receipts, only full-year statistics are downloadable. The amounts, as used by the DOT in various reports, are sourced from "arrival/departure (A/D) cards, shipping manifests, and results of DOT's Visitor Sample Survey."

Rappler looked for readily available monthly breakdowns of estimated tourism receipts for a quick fact check, but only those for 2011 and 2013 are uploaded. It is part of DOT's Travel and Tourism Statistics Booklet.

In the library at DOT's head office in Makati City, only the 2015 statistics booklet is available, along with some tourist arrival and industry performance reports (generated in certain months) that contain data on estimated tourism receipts.

The full-year amounts for tourism receipts from 2010 to 2015 are featured on a DOT report in March 2016, The amount for 2016, meanwhile, was taken from an article by the Federation of Filipino Chinese Chamber of Commerce and Industry Inc, citing DOT statistics.

The Philippine Tourism Satellite Accounts (PTSA) of the Philippine Statistics Authority has full-year data on inbound tourism expenditures. Click the link to check for the formula used to compute its value.

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Michael Bueza/Rappler.com

Alvarez getting back at customs official for not promoting unqualified employee?

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BATTLE OF THE ATENEANS? Mandy Anderson, chief of staff of the BOC head, and Speaker Pantaleon Alvarez are both graduates of the Ateneo Law School. Photo of Anderson from her Facebook account, photo of Alvarez by Rappler

The plot thickens.

A day after she was berated by lawmakers during a House hearing, lawyer Mandy Anderson claimed Speaker Pantaleon Alvarez is getting back at her over an issue bigger than her Facebook post calling the latter an “imbecile.” 

Anderson, the chief of staff of Bureau of Customs (BOC) Commissioner Nicanor Faeldon, said she earned the ire of the Speaker when she refused to heed his request to promote an unqualified person at the bureau. 

Nag-start 'yan noong may hiningi siyang promotion ng BOC. Tapos ako, parang naging middle man, nakikipag-communicate sa staff niya,” Anderson told dzMM on Thursday, July 27. She did not identify the employee in question nor the department he is part of.

(It all started when he asked for a promotion in the BOC. I sort of became like a middle man and communicated with his staff.) 

Rappler obtained a copy of a letter Alvarez sent to Faeldon dated May 15, asking the BOC chief to promote a certain Sandy Sacluti as customs operations officer V at the Formal Entry Division of the Port of Manila. The Speaker even attached Sacluti’s resume to the letter. 

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According to Alvarez, Sacluti is holding the said position in an acting capacity. The Speaker added Sacluti has a masters degree in customs administration.

But Anderson said she later found out that Sacluti was unqualified for the job, although she did not explain why in the dzMM interview. She then informed Alvarez’s staff. 

'Yung sabi ko po is check ko. I found out he was not qualified…Nangulit pa po. And then pinatawag po ako sa opisina niya. Pinagalitan po ako [ni Speaker],” said Anderson. 

(I said I would check. I found out he was not qualified. They kept on asking. And then I was called to his office. The Speaker reprimanded me.)

Anderson claims the Speaker himself then tried to convince Faeldon to push through with the promotion. But she said Faeldon refused because they are trying to reform the personnel selection process in the BOC.  

Anderson said she began receiving “threatening” messages from Alvarez’s head executive assistant Darren de Jesus. 

“'Yung medyo naaala ko nun, parang tinawagan ako sa cellphone ng head executive assistant niya na 'yung marching orders ni Speaker was to bring hell to me and the commissioner,” said Anderson. 

(What I can remember is that his head executive assistant called me in my cellphone and told me that the Speaker’s marching orders were to bring hell to me and the commissioner.)

Alvarez admitted to signing the letter of request for Sacludi's appointment on Friday, July 28.

"Yes, I did. I sign so many recommendations each day sa dami ng nagpapatulong, but until there na lang (because of the number of people who I ask for my help, but it's only up to there)," said Alvarez. 

But further asked if he was lobbying for the promotion of an unqualified personnel of the BOC, Alvarez said no.

"Certainly the allegation is far from the truth but I’m sorry, I do not want to comment on that at the moment so as not to divert the drug issue being investigated by the HOR (House of Representatives)," he told reporters.

‘May hugot na’

Anderson explained the situation influenced her Facebook post on June 16, where she called the Speaker an "imbecile." This was what Majority Leader Rodolfo Fariñas confronted her about on Wednesday, July 26. 

So medyo may hugot na. May galit na ako,” said Anderson. (So I was coming from somewhere. I was angry already.)

She agreed when the radio reporter confirmed if she meant Alvarez was trying to get back at her by having lawmakers grill her over her Facebook post. 

“Yes, that’s what I’m trying to say,” said Anderson.

She added that Fariñas himself had pointed out during the hearing that she was merely a staff of the BOC commissioner. 

“I am no one. That’s why I don’t understand why I’m given so much importance during a congressional hearing,” said Anderson.

Rappler reached out to De Jesus for comment, but he has not replied as of posting time.

Still, Anderson said it was wrong for her say that about Alvarez online, even if it was posted on her private Facebook account. 

She hopes that Faeldon – who told lawmakers he hired Anderson because she landed in the top 5 of the 2015 Bar examinations – would continue supporting her. – with reports from Carmela Fonbuena/Rappler.com 

Duterte hits Teddy Casiño for past 'arrogant' behavior

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AIRING GRIEVANCES. After President Rodrigo Duterte faced SONA protesters, former Bayan Muna representative Teddy Casiño says it was a good gesture but not enough. Photo by Rambo Talabong/Rappler

President Rodrigo Duterte again proved adept at bringing up past slights when he thinks the timing is right.

On Thursday, July 27, during a media interview, Duterte blasted former Bayan Muna representative Teddy Casiño for supposedly "arrogant" behavior years ago during a campaign event in Davao City.

Duterte ranted against the former leftist lawmaker in the middle of his tirade against the Communist Party of the Philippines.

He claimed that Casiño acted inappropriately in a campaign event Duterte held in Davao City when he was running for mayor.

Casiño, who had then been running for party representative, went onstage supposedly without asking for Duterte's permission.

"Nung nagkampanya kayo doon sa Davao, tumatakbo akong mayor, tumatakbo kayo ng mga party list. Bigla kayong dumating, umakyat kayo sa stage. Nagpermiso kayo sa akin?" said Duterte.

(When you campaigned in Davao, I was running as mayor, you were running with your party. You suddenly arrived and went up the stage. Did you ask for my permission?)

With a face that showed that the years gone by did nothing to lessen his irritation at the incident, Duterte said Casiño and his group did not even thank him for giving them stage time.

"You assumed kaibigan tayo and akyat kayo sa stage. Hindi naman kayo nagpasalamat sa speech ninyo na, 'Binigyan kami ng panahon ni Duterte na makipag-usap sa inyo,'" said Duterte.

(You assumed we were friends and you went up the stage. You didn't even thank me in your speech like, "We were given time by Duterte to speak with you.")

Duterte then called Casiño arrogant.

"Ikaw, Teddy, 'yung ulo mo sobrang laki (You, Teddy, your head is so big). That's the problem with an excess brain, it does not work at all," said the President.

"Huwag ka masyadong hambog, wala kang ipakitang ano (Don't be too arrogant, you have nothing to show for it)," said Duterte, concluding his rant.

The last time Duterte and Casiño crossed paths was during the rally outside the Batasang Pambansa Complex held during the second State of the Nation Address.

After his speech, Duterte went outside and up the stage to address the protesters, many of whom were from leftist groups.

Casiño was among the leftist leaders who showed appreciation for the gesture, saying it showed Duterte still thinks their grievances against the government are legitimate.

But in a Facebook post, Casiño also said: "I'm not so sure why Duterte did what he did... Maybe he simply wanted to explain why his government has failed so far in delivering the change he promised. He even asked us to be patient and not to rush him. But if he really listened, it's not the pace of the change but the direction of his programs and policies that leftists are questioning."

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– Rappler.com

What's the fuss about the Grab, Uber regulation issue?

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MANILA, Philippines – Over the past couple of days, Filipino commuters took to social media to express their anger and frustration over reports that the operations of Grab and Uber may be adversely affected following a government regulatory body's crackdown on unregistered drivers using the ride-hailing platforms.

The issue sparked fierce debate on both sides – with commuters saying Grab and Uber are essential to metro life and much more reliable than ordinary taxis, while the government insists that these need to be regulated to ensure accountability.

What's the issue about? Here's a rundown of the ongoing controversy.

Who are involved?

Ride-hailing services Grab and Uber are considered Transportation Network Companies (TNCs), based on new transport categories created by the government back in May 2015. 

Vehicles under Grab, Uber, and other similar ride-sharing services are considered part of the Transportation Network Vehicle Service (TNVS). The TNVS covers vehicles that provide pre-arranged transportation services for compensation.

The Land Transportation Franchising and Regulatory Board (LTFRB) approved Grab and Uber as TNCs in July 2015 and August 2015, respectively. 

The TNCs are required to screen and accredit their drivers and register them with the LTFRB.

The LTFRB, meanwhile, is in charge of issuing permits to TNVS drivers: the provisional authority (PA), or a temporary permit valid for 45 days, and the Certificate of Public Convenience (CPC) franchise, which is valid for a year.

REGULATION ISSUE. Grab and Uber are appealing the LTFRB's decision to stop processing TNVS applications and permits. Photo by Rambo Talabong/Rappler

What's the problem?

On July 21, 2016, the LTFRB released Memorandum Circular 2016-008, which suspends the acceptance and processing of applications for Uber, Grab, and other ride-sharing services. 

The order essentially stopped the release of temporary permits to Grab and Uber vehicles while the LTFRB further studied how to regulate the growing industry.

On July 11, 2017 the LTFRB ordered Grab and Uber to pay a fine of P5 million each for letting drivers with no permits or expired permits to still operate on their platforms.

Grab and Uber admitted that they accepted new drivers despite the LTFRB's earlier order, citing strong passenger demand. Both companies said about 80% of their active drivers don't have a PA or CPC franchise.

But some Grab and Uber drivers say it's not their fault they are considered "colorum." They point to the LTFRB's earlier order stopping the processing of TNVS applications.

They also claimed that some 7,000 drivers who were already accredited did not get their PAs renewed last year. Because of this, many drivers had expired PAs by the end of 2016. 

Aside from the hefty fine, the LTFRB also ordered Grab and Uber to clear out unregistered drivers by July 26 or face more fines. 

But Grab and Uber filed separate motions for reconsideration. The LTFRB later agreed not to apprehend unregistered TNVS until it decides on the appeal.

While this came as a relief to Grab and Uber users and drivers, this decision did not sit well with operators of taxis, jeeps, and vans: they slammed what they called the LTFRB's preferential treatment, saying they too should be spared from apprehension while waiting for the approval of their franchise applications. 

What's the LTFRB's position?

For the LTFRB, the problem began with Grab and Uber. LTFRB chief Martin Delgra III said the TNCs may have deliberately withheld telling their "partner drivers" to come to the LTFRB to get a franchise before operating.

And despite public outrage on social media, the LTFRB said it's standing firm on its position, saying the TNCs should explain to their peer operators why they were allowed to operate on the platform even without the proper permits.

LTFRB spokesperson Aileen Lizada also said that Uber and Grab trips represent a "minority" in the total number of trips in Metro Manila – they account for only 2% of the 21.5 million trips per day recorded in 2015.

But despite this, the LTFRB also acknowledged that the riding public will be harmed if it simply cancels the accreditation of the TNCs.

Adding to the controversy were statements made by Transportation Secretary Arthur Tugade, who said that the government should have a share from the income of Grab and Uber. The LTFRB later clarified that Tugade was referring to the unregistered vehicles. 

Stoking more reactions was LTFRB's admission that it lost the accreditation papers of Grab and Uber. The two companies' accreditations are still pending renewal. Grab's accreditation expired last July 3, and Uber's is set to expire in August.  

TRAFFIC. While some commuters say ride-hailing services help in their commute, others say the vehicles just add to traffic. Rappler file photo

How did the public react?

With the LTFRB's crackdown on unregistered Uber and Grab vehicles, an estimated 15,000 drivers at most can remain on the road, out of the estimated 56,000 drivers.

Both Grab and Uber are seeking the support of their users, launching online campaigns. On Twitter, the hashtag #WeWantGrabUber trended as commuters expressed their anger and frustration.

Citing bad experiences with taxis, some netizens say Grab and Uber remain the safest way for them to commute. (READ: Cracking down on Uber and Grab will hurt commuters, not protect them

Even the former LTFRB chief chimed in to say that the new government should listen to actual users of these ride-sharing services.  

But some backed the government's move, citing the need for accountability. During a House hearing, one lawmaker asked whether TNCs can be held accountable if a crash happens involving one of their vehicles. 

Others also questioned the surge pricing system that they say needs to be further regulated

Still, some questioned the very model of Uber and Grab. While its original idea was ride-sharing – those going a certain way can pick up co-passengers heading in the same direction – it quickly became a way to make profit, with some operating them similar to a taxi fleet. (READ: Let us go beyond #WeWantUberGrab

Because of this, some point to TNVS units as just an addition to traffic, a position the Metropolitan Manila Development Authority chief also takes.

What's next?

As of Wednesday, July 26, the LTFRB ordered all Grab and Uber drivers who registered with the service after June 30, 2017 to be deactivated.  

Grab stopped activating new drivers on July 17, while Uber stopped on July 18.

The regulatory agency also said it's considering setting minimum working hours for Grab and Uber drivers.

The LTFRB is continuing meetings with the TNCs. The regulatory agency also plans to consult with Congress for a comprehensive law regulating the ride-hailing services. – Rappler.com

Duterte gov't not first to propose end of PCGG

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 NOT THE FIRST TIME. The Presidential Commission on Good Government has been threatened to be abolished under several administrations.

MANILA, Philippines – The recently announced plan of the Duterte administration to abolish the Presidential Commission on Good Government (PCGG) is nothing new. 

Government officials under previous administrations initiated legislations and voiced their support to end the 3-decade run of the PCGG, citing its ineffectiveness and redundancy. 

The PCGG was created through Executive Order No. 1, the first official act of former president Corazon Aquino after the 1986 People Power Revolution. It was tasked to recover the ill-gotten wealth of the late dictator Ferdinand Marcos, his family, and his cronies.

Latest available data from the PCGG shows that it has so far recovered P170 billion ($3.4 billion) since 1986. It still needs to recover more than half of the estimated $10 billion plundered during the Marcos regime that spanned more than 20 years. (READ: At 30: PCGG by the numbers)

The delays have been attributed to the “slow grind of the justice system, coupled by dilatory tactics employed by the defendants."

Still, the PCGG has been severely criticized in the past for taking too long to fulfil its mandate, leading to some questioning its relevance and whether or not it still ought to exist. (READ: Recovering Marcos’ ill-gotten wealth: After 30 years, what?) 

'Justice delayed, justice denied' under Estrada gov't

The first move to abolish the PCGG came in 1998 when then president Joseph Ejercito Estrada called on Congress to pass a law to abolish the PCGG and just transfer the cases to the Department of Justice (DOJ). 

This was after he emphasized during his 1998 State of the Nation Address (SONA) his disappointment over the delay in the wealth recovery. 

“These cases have gone on long enough. Therefore, I order the Presidential Commission on Good Government to go forward on all ill-gotten wealth cases with all the evidence it has taken 12 long years to collect. No more delays,” he said. 

Pagkatapos ng 12 taon, siguro naman may katibayan na upang mabigyan ng katarungan ang sambayanang Pilipino. Ito ang maliwanag na halimbawa ng justice delayed, justice denied,” he added.

(After 12 years, I’m sure there is enough evidence to give justice to Filipinos. This is a clear example of justice delayed, justice denied.) 

It was also the same year when then senator Aquilino “Nene” Pimentel Jr filed a bill seeking to abolish the PCGG. The bill did not prosper. 

In 2001, then senator Sergio Osmeña revived this issue stating that the PCGG only breeds corruption and has produced little achievements in its then 15-year existence.  

Newsbreak report in 2002 quoted Osmeña as saying that it is “better to simplify matters and hand the work over to the DOJ.” 

LEFT BEHIND. The Marcos family leaves behind documents and personal belongings in Malacañang. Photo from the Presidential Museum and Library

Difference between Congress and Arroyo

Osmeña once again spearheaded the talks on the abolition of the PCGG. 

During the 13th Congress in 2004, he filed Senate Bill No. 332, saying that the “vast discretionary powers vested in the PCGG constitute dangerous opportunities for misuse of power and authority.” 

In fact, former PCGG chief Camilio Sabio was sentenced to 12 to 20 years in prison for graft last January 2017 stemming from anomalous vehicle leases in 2007 and 2009 when he headed the commission.

Two years after Osmeña's bill, Pimentel tried again and filed Senate Bill No. 292 during the 14th Congress in 2006. In the explanatory note, he said that the PCGG “has not produced significant accomplishments that would justify its continued existence.”  

The two bills filed during the Arroyo administration, which sought to transfer the responsibilities of the PCGG to the DOJ, did not prosper and was stuck at the committee-level. 

Despite the criticism on the ground, the presidency then did not support the abolition, saying that “there is no reason for it to be dismantled because we continue to receive reports from the PCGG about what they are doing to accomplish their mission.” 

But in July 2007, then president Gloria Macapagal Arroyo, through Executive Order 643, placed the PCGG under the administrative supervision of the DOJ from the Office of the President.  

This move was to fulfill “the need to concentrate and enhance the full and effective recovery of the ill-gotten wealth and properties, including the investigation and prosecution of cases.” 

PCGG chair wanted to end own commission under Aquino administration

While former PCGG heads defended the relevance of their commission, it was a different case during the administration of Benigno Aquino III. 

In 2011, then PCGG and now Commission on Elections Chairperson Andres Bautista, in a letter sent to Aquino, gave his team two years to finish all tasks and “the transfers and ‘winding down’ efforts” to other agencies before it is abolished.

This move was backed by then justice secretary Leila de Lima

The proposal, however, did not materialize. In 2013, Bautista again recommended the abolition of the PCGG since it has became too costly for the government. 

Meanwhile, only one bill was filed in the Congress that sought to support the proposal in 2013. It was referred to another committee but did not prosper.  

MARCOS COUNTRY. President Rodrigo Duterte sits in front of a portrait of former president Ferdinand Marcos and beside Ilocos Norte Governor Imee Marcos during the 2016 campaign period. File photo by Pia Ranada/Rappler

Revival of plans under Duterte

Budget Secretary Benjamin Diokno, on Wednesday, July 26, said that the possible dissolution can happen with the passage of "Rightsizing the National Government Act of 2017" under the Duterte administration. 

Despite the stealthy burial of the late dictator at the Libingan ng mga Bayani happening just less than a year ago – following a controversy that went all the way to the Supreme Court – Malacañang maintained there is “no politics” in the decision.

It was not a secret, however, that the allies of Duterte really planned to change things at the PCGG.

As early as March 2017, House Speaker Pantaleon Alvarez filed a bill expanding the function of the Office of the Solicitor General to include the responsibilities of the PCGG.

This means that all the powers and responsibilities of recovering the ill-gotten wealth will go to Solicitor General Jose Calida, a Marcos supporter. It was cause for concern among advocates. 

In fact, Calida was among the leaders of the Alyansang Duterte-Bongbong which campaigned for the tandem of Duterte and Ferdinand Marcos Jr during the 2016 elections. (READ: In charge of recovering ill-gotten wealth? But Calida is pro-Marcos) 

In March 2017, however, he told reporters that his leanings during the campaign season will not affect his work. 

Diokno, on Wednesday, also said that the commission doesn’t do anything, adding that employees enjoy so much because of their perks.

In a Facebook post on its official page, the PCGG hit back, adding that it was “surprised at the recent questions regarding its performance, relevance, and efficiency.”

The issue surrounding the future of the PCGG, however, should not hinder ongoing efforts – especially since there is still more than $5 billion in ill-gotten wealth yet to be recovered and pending cases before the Sandiganbayan. – Rappler.com

 

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