MANILA, Philippines – More than 3 decades after the people reinstated democracy, press freedom is once again under siege in the Philippines.

On Monday, January 15, the Securities and Exchange Commission (SEC) revoked the registration of Rappler allegedly for violating the Constitution and the Anti-Dummy Law – a move seen as nothing short of harassment aimed to stifle media in the country.  

Seen as an extension of various threats by President Rodrigo Duterte against media organizations, this action by the administration will surely just be the beginning. 

It is also one of the worst moves against the media since the lifting of martial law imposed by the dictator Ferdinand Marcos. But what did each administration do against press freedom? 

MARCOS ADMINISTRATION
1965 – 1986

Press freedom was one of the main victims when the Philippines was placed under Martial Law by then president Ferdinand Marcos in September 1972. The dictator, fearing the power of the media, made sure that his dictatorial government had full control over all news agencies. (READ: Marcos’ Martial Law orders)  

After signing Proclamation No. 1081, Marcos released Letter of Instruction No. 1 which ordered the “takeover and control” of all newspapers, magazines, and radio and television facilities.  

Among media outlets in the country affected were the Manila Daily Bulletin, ABS-CBN, the Manila Times, Philippine Free Press, Philippine Graphic, and the Daily Mirror, among others.  

Marcos justified the order by stating that it was to “prevent the use of privately-owned newspapers, magazines, radio and television facilities, and all other media of communications for propaganda purposes against the government.” 

Aside from this, through his various Presidential Decrees, he penalized printing of materials that “can undermine integrity of the government” and cancelled franchises and permits of media facilities.

Information relayed to the public were highly censored and subject to approval by a government body. Those who refused to go through the process – or deemed to have published or written materials subversive to the government – were arrested and denied due process.  

CORAZON AQUINO ADMINISTRATION
1986 – 1992

The People Power Revolution in 1986 toppled the Marcos dictatorship and placed Corazon Aquino – the widow of opposition figure Benigno Aquino Jr – into the presidency. 

Under her administration, jumpstarted by the establishment of the 1987 Philippine Constitution, the freedom previously taken away by Marcos were reinstated. 

But the years after the reinstatement of democracy were marred with plots to overthrow the Aquino administration. These actions were spearheaded by members of the military. The way the government handled these attempts were also heavily criticized. 

According to the Reporters Without Borders, in dealing with the media, Aquino was “uncomfortable with it but managed to deal with it conscious of the vital role of media in a democracy.”  

She, however, filed a libel case against journalist Luis Beltran over his article detailing Aquino as hiding under the bed during one mutinee in August 1987. The National Telecommunications Council, in 1989, also ordered the closure of two radio stations for airing “rebel propaganda” but were eventually lifted the same month.

At least 21 journalists were killed under her administration, according to data from the Center for Media Freedom and Responsibility (CMFR). 

RAMOS ADMINISTRATION (1992 – 1998)

The Reporters Without Borders also stated that the administration of Fidel Ramos recognized the role of the media in pursuing and upholding democracy. 

However, CMFR monitoring shows that at least 11 members of the media were killed under the Ramos administration. 

ESTRADA ADMINISTRATION (1998 – 2001)

While Aquino and Ramos were considered amicable with the media, Reporters Without Borders described Joseph Ejercito Estrada as “less tolerant.” He, after all, used his influence to put pressure on several media outlets deemed to be critical of him and his administration.  

In 1999, the Philippine Daily Inquirer (PDI) saw itself in the receiving end of said pressure when it was openly criticized by Estrada for alleged bias. 

Advertisers, upon the chiding of the President, withdrew from the country’s largest broadsheet. In a report by the Committee to Protect Journalists (CPJ), the Inquirer told the media watchdog that 3 government-run corporations, also withdrew their advertising.

 More than a decade later in 2011, Estrada apologized to the newspaper. 

While the Inquirer“survived” the ad boycott, things were much worse for the Manila Times who was hit by Estrada over a story which chronicled him as an “unwitting ninong (godfather)” to a government contract.

The story, written by business reporter Joel Gaborni, was published in February 16, 1999. Less than a month after, on March 9, Estrada filed a P100-million libel suit against the newspaper claiming that it was an attack against “reputation, honor, and dignity” and “honesty and integrity as a public official.”

Under pressure from the president, on April 8, the Gokongwei family, then owners of The Manila Times, ran a front-page apology to Estrada. That apology triggered the resignation of senior editors and writers and sparks media debate on press freedom.

Estrada withdrew the libel charge against the newspaper yet continued government pressure on the Gokongweis. The family eventually sold the newspaper to Katrina Legarda and Reghis Romero, who only served as a front for Estrada crony Mark Jimenez. 

On July 23, 1999, The Manila Times printed its last issue under the Gokongwei family. The new owners resumed operations a few months after.  

Today, the newspaper is owned by former Arroyo publicist Dante Ang, who is President Duterte's special envoy for international public relations. (READ: Manila Times' big boss is Duterte's PR guy)

At least 6 media people were killed during the short-lived Estrada administration, CMFR data shows. 

ARROYO ADMINISTRATION (2001 – 2010)

The administration of Gloria Macapagal Arroyo were marred with libel suits, a raid, and the single deadliest attack against the media. (READ: Arroyo's Fortress and the Nosy Press)

Meanwhile, then first gentleman Jose Miguel Arroyo actively filed libel suits against the press over articles linking him to alleged wrongdoing. He filed a total of 50 cases against 46 journalists, according to the Philippine Center for Investigative Journalism.  

In fact, in November 2006, then Malacañang reporter (and now Rappler editor) Mia Gonzales was nearly arrested while inside the Palace grounds in relation to a libel case filed by Arroyo against her over a 2004 Newsbreak report. 

Not taking the threats sitting down, journalists – from Newsbreak, the Philippine Daily Inquirer, Malaya, and the Daily Tribune– filed a class civil suit amounting to P12.5 million against Arroyo. The libel cases, they said, caused a “chilling effect” on Philippine press. 

The move by the presidential spouse who has been in the middle of controversies concerning corruption and using his influence was condemned by local and international rights groups. 

In 2007, Arroyo dropped all libel cases. 

The Daily Tribune was also subjected to harassment when in February 2006, the police raided its office after alleging that it was a “possible source of destablization materials.” The Supreme Court, in May 2006, declared the raid as “plain censorship.”  

The end of 2009 was a terrible year for press freedom when the single deadliest attack against the media happened when 32 journalists among the 58 killed in a massacre in Ampatuan, Maguindanao province. They were attacked, brutally killed, and buried using a government-owned backhoe.

The powerful Ampatuan clan – ally of the Arroyo administration – was believed to have plotted the massacre to derail the candidacy of political rival Esmael "Toto" Mangudadatu in the 2010 gubernatorial elections.

More than 8 years later, none of the 188 accused have been convicted. (READ: What has happened to the Maguindanao massacre trial 8 years later?)

Many groups refer to the Arroyo administration as the period where media killings peaked post-Marcos. Data from CMFR shows that 83 media workers were killed from 2001 to 2010. 

BENIGNO AQUINO III ADMINISTRATION (2010 – 2016)

While there was no concrete policy or action against the media, then president Benigno Aquino III was known for his constant appeals to the press for “balanced” reporting.

In an exclusive interview with Rappler in July 2017, Aquino said that he wanted to control the media “in all honesty” but instead of a clampdown, his administration instead repeatedly "appealed" for fairer media coverage. His appeals, he said, led to nothing. 

The problem, however, lies on the huge number of journalists killed under his administration. 

At least 31 members of the press were killed during the Aquino presidency – 2nd to Arroyo in terms of magnitude post-Marcos – according to data from the CMFR.  

DUTERTE ADMINISTRATION (2016 – present)

Even before President Rodrigo Duterte took oath into office in 2016, his reputation when it comes to how he deals with the media was known to be “colorful.”  

In a press conference in May 2016, he said that journalists are legitimate targets of assassination “if you're a son of a bitch.” 

"Just because you're a journalist you are not exempted from assassination, if you're a son of a bitch," Duterte said when asked how he would address the problem of media killings in the Philippines.

That was just the start of his tirades against the media. Barely two years into his presidency, Duterte and his government has continuously threatened, harassed, and made an antagonist out of several media outlets.  

In March 2017, Duterte called certain media entities "bastos" (rude) for writing supposedly unfair news about him and his administration. 

In a thinly veiled threat, the President said that karma is sure to catch up with newspaper Philippine Daily Inquirerand television network ABS-CBN and their owners, the Prietos and Lopezes, respectively. (READ: Duterte tells 'rude' media: Beware of ‘karma') 

These threats continued in the next months.

In April 2017, Duterte said that he wants to block the renewal of ABS-CBN’s franchise, further accusing the network of “swindling” after it did not show his already paid political ads during the 2016 campaign season. (READ: Duterte's ace against ABS-CBN, the Philippines' biggest network)

In July 2017, Duterte turned his focus into the Inquirer and threatened to do an “exposé” against the country’s largest broadsheet. He accused the owners of incorrect tax payment in relation to their Mile Long property. He also tried to link an ex-official with a huge salary to the Inquirer. 

The same month, after being on the receiving end of threats, 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. Ang was also described by Duterte as his friend. 

The move, according to the family, was a “strategic decision” but insiders said it was due to continued harassment and pressure.  

During his second State of the Nation Address (SONA) in July 2017, Duterte claimed that social news site Rappler is "fully owned" by Americans, warning the company that this violates the 1987 Constitution. 

This claim reflects the misinformation directed by pro-Duterte bloggers and various allies of the administration against Rappler even during the election period. The news outlet has consistently debunked this claim. (READ: Debunking lies about Rappler)

Almost 6 months after, the Securities and Exchange Commission (SEC) revoked the registration of Rappler allegedly for violating the Constitution and the Anti-Dummy Law. 

This move is nothing short of harassment aimed to stifle press freedom in the Philippines. On December 14, 2016, the Office of the Solicitor General wrote SEC to investigate Rappler over its Philippine Depositary Receipt (PDR). 

Rappler, however, assured its readers that it will continue to operate as it files the necessary motions for reconsideration with the courts. (READ Rappler's statement: Stand with Rappler, defend press freedom) 

Several organizations– both local and international – have called out this action as an act against press freedom.

Meanwhile, according to data from the CMFR, 4 journalists have been killed so far under the Duterte administration. This is only a part of a huge culture of impunity dominating the Philippines. – Rappler.com

Photos from Agence France-Presse, The Official Gazette, and Rappler files

MANILA, Philippines – In a move widely seen as an attack on press freedom, the Securities and Exchange Commission (SEC) revoked Rappler’s license to do business. The SEC claimed that Rappler had violated the Constitution with funds coming from Omidyar Network, a fund created by eBay founder Pierre Omidyar.  

The SEC said it found Rappler “liable for violating the constitutional and statutory Foreign Equity Restriction in Mass Media, enforceable through laws and rules within the mandate of the commission.” 

The probe was initiated after SEC Chairperson Teresita Herbosa's office received a "referral letter" from the Office of the Solicitor General (OSG) in December 2016, asking it to conduct an investigation into Rappler.

Here is what you need to know about media licensing in the Philippines: 

What is the function of the SEC?

As private companies, media entities must register with the SEC. 

Section 5 of the Securities and Regulation Code, lists the powers and functions of the SEC:

• Jurisdiction and supervision over all corporations, partnerships, and associations who are granted government-issued primary franchises and/or a license or permit
• Formulate policies and recommendations concerning the securities market and advise Congress and government agencies on aspects of this. It can also propose legislation and amendments. 
• Approve, reject, suspend, revoke or require amendments to registration statements as well as licensing applications of companies
• Regulate, investigate, or supervise the activities of persons to ensure compliance
• Supervise, monitor, suspend or take over the activities of exchanges, clearing agencies and other self-regulatory organisations
• Impose sanctions for the violation of laws and rules. It can also impose regulations and orders on such violations
• Create, approve, amend or repeal rules, regulations, and orders. It can also issue opinions and provide guidance and supervision on the compliance with such provisions formed. 
• Ask for the aid and support of any and all enforcement agencies of the government – civil or military– as well as any private entity or person to implement its powers and functions
• Issue cease and desist orders to prevent fraud or injury to the public
• "Punish for contempt of the Commission, both direct and indirect, in accordance with the pertinent provisions of and penalties prescribed by the Rules of Court"
• Order officers of any registered company to call a meeting of stockholders or its members
• Issue subpoenas and summon witnesses to appear in any proceedings of the Commission. In appropriate cases, the SEC can also order the examination, search, and seizure of all financial and registration records of any company or person under investigation, as may be necessary for disposition of cases and subject to provisions of other laws.
• Suspend, or revoke, after proper notice and hearing the franchise or certificate of registration of entities upon “any of the grounds provided by law”
• Exercise other powers provided by law that are needed to carry out the SEC’s mandate

How do media companies get their license to operate?

The process of obtaining a license to operate depends on the type of media company set up. 

Broadcast entities must first register with the SEC in order to incorporate its existence and conduct business. Then, a primary franchise –  valid for up to 25 years and subject to renewal – must be obtained from Congress.  

According to a 2013 primer on telecoms and media by law firm SyCip Salazar Hernandez & Gatmaitan, “A congressional franchise is in the form of a law and is enacted in the same way as other laws.” 

A Certificate of Public Convenience and Necessity (CPC) must then be authorized by the National Telecommunication Commission (NTC). 

While cable TV does not need a secondary franchise, it must obtain a certificate of authority from the NTC in order to operate. 

Radio frequencies, which are limited, are regulated by the NTC.  

Meanwhile, print and online media do not need the media-specific franchise from Congress to operate.  

What does it mean if a license is revoked? 

If the SEC revokes a license with finality, the company must cease its operations. Entities are given 15 days to appeal the commission’s decision at the Court of Appeals and address the SEC’s findings. 

In the case of SEC’s revocation of Rappler’s license, Rappler CEO Maria Ressa said in a press conference on January 15: “There was no due process. We got a show-cause from SEC in August, and in less than 5 months this ruling came out. The decision came out very quick."

In a statement to its readers and viewers, Rappler said, “The SEC’s kill order revoking Rappler’s license to operate is the first of its kind in history – both for the Commission and for Philippine media.” (READ: Stand with Rappler, defend press freedom) 

“What this means for you, and for us, is that the Commission is ordering us to close shop, to cease telling you stories, to stop speaking truth to power, and to let go of everything that we have built – and created – with you since 2012. All because they focused on one clause in one of our contracts which we submitted to – and was accepted by – the SEC in 2015, ” the statement added. 

Rappler's lawyer, Francis Lim, said the SEC decision to nullify the PDRs issued by Rappler Holdings Corporation to Omidyar Network, and to revoke Rappler's articles of incorporation, is too severe. 

Various local and international media and civic groups slammed the SEC decision as an attack on press freedom.

Rappler said it would continue to operate, and defend and uphold the freedom of the press, which is guaranteed by the Constitution, as it contests the SEC ruling in court. – Rappler.com

PART 2

(READ Part 1: Bong Go intervenes in P15.5-B project to acquire PH warships)

AT A GLANCE:

• The P15.5-billion frigates project of the Philippine Navy is one of two-big ticket modernization projects of the Philippine military. The other one is the already completed P18-billion project to acquire a squadron of fighter jets for the Philippine Air Force.
• Hyundai Heavy Industries won the bid after the lowest bidder was disqualified. The contract was signed in October 2016 but the project was stalled at the Critical Design Review stage, the first stage of a 10-step process to complete the contract, because they could not agree on the supplier of the Combat Management System or CMS.
• The Philippine Navy rejected the CMS of Hanwha Systems, which Hyundai wanted to install in the ships, and insisted on the CMS of Tacticos Thales. In the middle of this debate, Malacañang intervened and called the navy officer in charge of the project to a meeting.

MANILA, Philippines – Former Philippine Navy chief Vice Admiral Ronald Mercado did not mince words in his letter to Defense Secretary Lorenzana to protest the fine print that shipbuilder Heavy Hyundai Industries (HHI) added in its contract to build two frigates or warships.

"The remarks, if permitted, are akin to a buyer (the Navy and the defense department) with his or her own money being told by the seller (Hyundai) what to buy,” Mercado wrote in a letter dated January 4, 2017.

For P15.5 billion, Hyundai will build two warships and install in them critical systems (identified by the Navy in the contract), which the South Korean company will buy itself from other suppliers.

Hyundai claimed “sole right” to choose the maker of these systems and said it may “consider” the preferences of the Navy only if they are “commercially competitive.”

This is the crux of the problem in the frigate deal that caused the unceremonious relief of Mercado before the end of 2017, and triggered another new year controversy involving Special Assistant to the President Christopher “Bong” Go. Aside from Go, Malacañang, Lorenzana, and Mercado denied any intervention.

Combat Management System

At the center of the controversy is the Combat Management System (CMS), which is considered the heart of warships. It is a computer system that integrates real-time data from the ship's sensors and data from other parties or other navies necessary to provide situational awareness at sea.

Hyundai decided to buy the CMS from fellow South Korean company Hanwha Systems. The Navy rejected the choice on the ground that its CMS does not comply with the technical specifications agreed upon in the contract. The project stalled.

On January 12, 2017, or a week after he received Mercado's letter, Lorenzana was handed in Malacañang a white paper that debunked the Navy's reasons for opposing Hanwha and trashed the supplier the Navy preferred, Tacticos Thales of The Netherlands. 

Lorenzana sent the white paper to Mercado with a marginal note saying it came from Go, and that he should prepare a rebuttal for President Rodrigo Duterte. (READ: Bong Go intervenes in P15.5-B project to acquire PH warships)

A year later, after Go's alleged intervention in the project was reported, Lorenzana admitted it was his handwriting on the note pad, but he said he had wrongfully assumed the white paper came from Go. In an interview with reporters on Wednesday, January 17, he said he could not recall who gave him the white paper, but it came from someone in Malacañang.

Mercado also said Go never approached him personally to intervene in the project. "Secretary Bong Go has not personally inquired nor talked about the frigate project to me in all instances we were together," Mercado told Rappler.

It was Rear Admiral Robert Empedrad, the project officer back then, who was invited on January 20, 2017 to Malacañang to discuss the CMS selection. It was also Empedrad who sent on January 23, 2017 a written report to Duterte and Go. 

A former undersecretary in Go's office, Lloyd Christopher Lao, confirmed the Malacañang meeting with Empedrad. (EXCLUSIVE: Undersecretary in Bong Go's office confirms letter in frigates deal)

“It’s a usual course of action done by our office if there are complaints,” Lao told Rappler on January 18.

Empedrad, who served as OIC chief after Mercado's relief, was officially appointed to the post on Thursday, January 18, amid the controversy.

Navy's preferred supplier

The Philippine archipelago – the South China Sea on one side and the Pacific Ocean on the other – has one of the longest coastlines in the world. But its Navy is one of the weakest.

The country's current flagship is a hand-me-down former US Coast Guard cutter – the BRP Gregorio del Pilar – which was donated by the country's treaty ally at a time when China resumed its aggression in the West Philippine Sea.

But Del Pilar shouldn't be the flagship for long. The warships from Hyundai were envisioned to become the Philippine Navy's modern and most capable warships.

In his report to Duterte and Go in response to the white paper, Empedrad enumerated the following reasons why the Navy chose Tacticos Thales over Hanwha Systems:

• Tacticos CMS is "one of the leading Combat Management Systems in the world considering that it is being used by 23 foreign countries in over 172 ships." In comparison, Hanwha's CMS is currently used only by the Korean Navy but it has an ongoing contract with the Royal Malaysian Navy.
• Tacticos CMS is compatible with Tactical Data Link (TDL) 16, a connection standard adopted by the Philippine military for its frigates, fighters, and long-range patrol aircraft. Hanwha is still working to make its CMS compatible with TDL 16 by 2019.
• There have been repeat orders for Tacticos from Germany, Indonesia, and Turkey which indicate satisfaction with the CMS. The Hanwha white paper's claim that countries have suffered "poor support of logistics and upgrade of their outdated CMS cannot be validated."
• Hanwha's promise to "provide the most economic and effective logistics and upgrade" is "a future occurrence that needs to be validated later on."

Even Lorenzana acknowledged that Tacticos Thales "is a proven technology."

"But I do not know if it is far superior than what Hyundai is thinking of putting in," he added.

There are a lot of legal technicalities in the letters exchanged in 2017 by the Navy and the defense department. Their debates went on for the entire year. The Marawi siege came and went but the issue could not be resolved even after Lorenzana issued directives ordering the Navy to honor Hanwha as Hyundai's choice.

Installing the CMS of Tacticos Thales will cost Hyundai more. But fine print or not, sources in the Navy maintained Hanwha doesn't comply with the technical specifications in the contract.

For one, the sources said Hanwha cannot claim to have a proven design, as the contract demands, if it is not currently compatible with TDL 16. Hanwha has committed to have the capability only by 2019.

Delayed steel cutting

The DND team in charge of the frigates deal accused Mercado of disregarding directives to complete paperwork necessary to give HHI the go-signal to begin construction of the ships. It was stuck at the Critical Design Review (CDR) stage, where the Navy and Hyundai were supposed to agree on the makers of the systems to be installed in the ships. 

Completing the CDR would pave the way for the shipbuilder to buy steel for the ceremonial steel cutting, which officially kicks off the construction of the ships. 

Lorenzana said the problem is that the Navy approved both suppliers – Hanwha and Tacticos – during the post qualification stage before he signed the contract with Hyundai in October 2016. He said he was assured it was ready for signing.

"The Combat Management System is very important to that project. But you cannot put a company there [in the contract] to put the CMS. Ilagay mo lang 'yung capability na gusto mo (Just note down the capability you require). Hyundai said they will put the CMS there according to our specification and we will find that out when they deliver that," Lorenzana said on December 20, 2017.

This is where the issue becomes murky. When the contract was being finalized, Hanwha had a joint venture with French multinational and aerospace company Thales Group. But Thales divested its 50%-stake in Hanwha Thales in the middle of 2016 just before Lorenzana signed the contract. Hanwha Thales is now Hanwha Systems.  

It appears the Navy belatedly realized a potential problem with the fine print in Hyundai's contract. The Navy wanted to add a page to the contract to clarify the issue but Hyundai supposedly refused to accept it.

This resulted in the letter that Mercado sent to Lorenzana in January 2017 – it was meant to protest the page in the contract that supposedly wasn't signed by the Philippine Navy. He stood by his decision and, before his relief, gathered the former navy chiefs to explain the problem and get allies. 

"He goes around forum shopping and he talks about rescinding the contract kung hindi matuloy ang pinapasok niya (if he doesn't get his way). I had to recommend his relief and it was approved by the President," said Lorenzana when he explained Mercado's relief on December 20 last year.

"I didn't want to remove him but the team that is involved in the acquisition of the frigates is alarmed because the project was delayed by the insistence of Admiral Mercado on the system," said Lorenzana.

Controversy

Mercado's relief drew attention to issues that had long been discussed in social media pages.

It surprised the military as an institution and many didn't know what to make of the corruption allegations made on both sides. Lorenzana was asked if Mercado was being investigated for corruption and he said no.

Lorenzana also had to meet with former navy chiefs who were disappointed with the unceremonious change of command.  

“They said I violated the time-honored tradition of retiring honorably with a parade and everything. I told them that the situation then was so fluid and that we can no longer have a formal turnover. I explained to them why and they understood,” Lorenzana said on January 8, 2018.

In the House of Representatives on January 15, former navy officer and fierce Duterte critic Magdalo Representative Gary Alejano delivered a privilege speech urging the government to cancel the project if the winning bidder insists on giving the Navy an outmoded warship.

The Department of National Defense ignored the call but Congress is poised to investigate the issue. It's a no-win situation for the country facing challenges in its maritime waters. It might need to wait longer to have modern warships. – Rappler.com

MANILA, Philippines – Did the Philippine National Police (PNP) remove its height requirement for applicants?

A National Police Commission (Napolcom) press statement on Friday, January 19, drew cheers from aspiring cops who fall short of the height requirement: "There shall be no height requirement for the PNP entrance exam applicants as long as they are bachelor's degree holder and not more than 30 years old."

Media outlets were quick to pounce on the bulletin, and announced in their headlines that the Napolcom had scrapped the height requirement for the police service.

The reports triggered thousands of reactions from netizens who celebrated the supposed new policy. Tallness, many commenters said, should not be a prerequisite for people who want to serve in the police force.

Even Senator Panfilo Lacson, former PNP chief, remarked on the misread announcement. "Removing height requirement for policemen is alright, but set a limit on the size of their belly," he quipped.

Just the exam

Here's the twist: Height still matters in the PNP.

The Napolcom did not remove the height requirement for the PNP altogether. It only dispensed with the requirement in taking the PNP entrance examination. (Successful PNP exam takers are eligible for other government jobs outside the PNP.)

The PNP entrance examination is also just one of many requirements before one is admitted to the police service.

Napolcom Vice Chairman Rogelio Casurao confirmed this to Rappler in a text message.

"No height requirement just for taking the examination. One has to possess the required height when applying for admission to the police service," Casurao said.

Napolcom cannot remove the height requirement yet as this is mandated by Republic Act 6975, the law that established the PNP.

The height requirement is listed among the "minimum qualifications" for admission in the PNP in Section 30 of RA 6975 – men and women need to be at least 1.62 meters (5'4") and 1.57 meters (5'2") tall, respectively.

Short change

The height requirement can be lowered if RA 6975 is amended.  This was almost achieved in 2013.

During the 16th Congress, the Senate and the House agreed to lower the height requirement of uniformed personnel to 1.57 meters for men and 1.42 meters for women. Then President Benigno Aquino III vetoed the measure.

"If you need to rescue someone from a burning house...or secure detainees, then you would need certain physical attributes. That is the nature of these jobs and it is not discrimination," then Deputy presidential spokesperson Abigail Valte said in a briefing to explain why Aquino vetoed the bill in 2013.

The Aquino administration also said that lowering the height requirement was "unnecessary" since the PNP can waive it for certain applicants with special qualifications. (READ: Aquino says 'no' to short cops)

Under Napolcom Memorandum Circular No. 2013-004, those who can get the waiver of disqualification can take the PNP entrance exam and other tests, but they will be considered when the number of qualified applicants falls below the minimum office/unit quota. – Rappler.com

MANILA, Philippines – The cyber libel complaint filed against Rappler over a story published in 2012 might make the “Right to be Forgotten” a reality in the Philippines, an internet freedom advocate warned.

Lawyer Marnie Tonson of the Philippine Internet Freedom Alliance (PIFA) said on Monday, January 22, that the complaint filed by businessman Wilfredo Keng before the National Bureau of Investigation (NBI) “goes even deeper” and shows “implications of a burgeoning 'Right of Erasure', more popularly known as the 'Right to be Forgotten’”.

The Right to be Forgotten gives individuals the power to request for the removal of information that are personal in nature. This can be invoked if the published information cannot be justified.

Much of the issue surrounding the principle of the Right to be Forgotten stems from two landmark rulings in the European Union and Australia involving tech giant Google. In both cases, the courts ruled against Google as a search engine. The websites where the articles were published were excluded in the final ruling.

The rulings have severe implications on the freedom of expression and privacy in the context of the internet.  

‘Not absolute’ in the EU 

Much of the issue surrounding the principle of the Right to be Forgotten stemmed from a case heard by the European Court of Justice (ECJ). 

An individual named Mario Costeja Gonzales took to court to complain about the online existence of articles published in 1998 about the repossession of his property to pay off his debts. He argued that the continuous existence of these articles was bad for his image, adding that the debt problem had been resolved. 

In its May 2014 ruling, ECJ demanded that Google remove the data from its indexes. The articles, however, could not be unpublished from the newspaper’s site because it is covered by laws protecting media entities.

In an effort to clarify what the ruling meant, the European Union said that individuals can invoke this right only with search engines. This means that information – deemed “inaccurate, inadequate, irrelevant, or excessive” can be removed from search indexes. 

The Right to be Forgotten, however, is not absolute. The application should be weighed vis-a-vis fundamental human rights such as the right to freedom of expression and the rights of the media. 

“The right to be forgotten is certainly not about making prominent people less prominent or making criminals less criminal,” the EU said. 

In applying this principle, the EU has to consider:

• Type of information in question
• Sensitivity for the individual’s private life
• Interest of the public in having the information
• Public life of the person involved 

The 2014 ruling had far larger implications. For example, in November 2014, an EU working party proposed that the Right to be Forgotten be enforced not just in European domains but also in domains around the world. An appeal by Google against this move was rejected in September 2015.  

'Defamation' in Australia

Google did not only face complaints in the EU. It also went through a long legal battle involving search results in Australia. 

In 2009, a certain Dr Janice Duffy demanded that Google remove search results leading to posts in a website called the Ripoff Report, which accused her of stalking and harassing psychics. She claimed that they “defame” her as a doctor, and that people who search her name often come across the links to the derogatory articles.

When the tech company failed to respond, she filed a lawsuit before the South Australian Supreme Court in 2011, adding that the auto-complete search term involving her name was also defamatory. 

Google, however, said they should not be held responsible for something published by an independent company. Yet, in 2015, the Court ruled that the tech giant published defamatory material about Duffy. It ordered the company to pay more than $100,000 in damages.  

In 2017, the Court dismissed the appeal filed by Google.

The difference between the EU ruling and the Australian ruling is that the EU ruling was clearer. The EU court clearly defined the parameters of the application of the Right to be Forgotten and said it was not absolute and was subject to several considerations.

Meanwhile, the Australian ruling opens “floodgates” to further lawsuits against Google because it essentially found that the tech company is "legally responsible" when search results link to defamatory content on the web, according to advocates of free speech. It was silent on the liability of websites.

Not yet in PH but...

The Right to be Forgotten is not yet applicable in the Philippines. But according to Tonson, recent indicators present here are definitely valid causes for concern.

“I have friends in Wikipedia who toil each day correcting the creeping historical revisionism to pages regarding the Martial Law period,” he said.

Meanwhile, relating this case to the complaint against Rappler, Tonson said it depends on whether the local court will consider in its decision another Australian High Court's ruling, which has caused Australia to be dubbed by press freedom advocates as the libel capital of the world. 

Its High Court, in a case involving a blogger and two businessmen, has ruled that each new download from the internet can be considered "fresh publication" making the maximum period of 12 months for a person to take action irrelevant.

The National Bureau of Investigation’s Cybercrime Chief Manuel Eduarte said the theory of continuous publication may be applied to the case involving Rappler even if the story on the complainant, businessman Wilfredo Keng, was first published in 2012. Eduarte even said that Keng can be presumed to have seen the article only after the Cybercrime law was passed.  

But Sol Mawis, Dean of the Lyceum Law School, said that "it cannot be a continuing crime because there’s only one criminal intent. If you published today, your criminal intent today would be different from your criminal intent tomorrow.”

What is clear, however, is that past cases invoking the Right to be Forgotten and similar principles did not hold news media outlets liable. – with reports by Lian Buan/Rappler.com 

President Rodrigo Duterte likes to project himself as a man of action, with no patience for hollow words and the artifice of decorum.

Before flying to India to attend yet another international summit, Duterte could not help but express frustration about the seeming futility of such meetings with foreign leaders.

"Kaya ako pupunta, sabihin ko, 'Kung ganito lang naman (That's why I am going, to say, 'If this is all there is), so what’s the use of meeting just once a year?” And probably the ministerial level, once every 3 months. They cannot accomplish anything," he railed on Wednesday, January 24.

He was giving a speech at the Ninoy Aquino International Airport Terminal 2, about to board his plane to New Delhi.

In front of him were the highest foreign affairs, security, and economic officials, all part of his delegation to take part in meetings with their foreign counterparts.

Duterte was especially exasperated by meetings on security and combating terrorism, which he said, were not able to prevent the Marawi crisis from exploding.

"We talk all over again about cooperation and sharing of – we have been doing that. We’ve been sharing information with everybody, as a matter of fact all these years. And yet the thing in Marawi came into being," he said.

In an upcoming security-related meeting with heads of state in Australia, Duterte said he would push for a "platform" to discuss terrorism, crime, and drugs. The current set-up, he said, is not enough.

"I need more than just talk and more than just promises. I want it done during my term," said Duterte.

While the Philippine leader emphasized that he "[does] not want to go to Australia," but that, if he goes, this is what he would push for.

Duterte was likely referring to the ASEAN-Australia Special Summit 2018 set to take place in Sydney in March.

Interestingly enough, Duterte chose to begin his Wednesday speech with a defense of why he was attending the summit in India, despite his frustration with such meetings.

Taking a jab at the previous administration, Duterte insinuated that the Indian government was offended by how former president Benigno Aquino III chose not to attend India's Republic Day celebration, despite an invitation.

"I think that President Aquino, busy maybe at that time, chose to just send a token delegation. In this year's invitation, they pointed out that they were – more or less, read between the lines – that hopefully this time the chief of state – and that the incident last year will not be repeated again," said Duterte.

Thus, he could not refuse the Department of Foreign Affairs' advice: "You have to go."

Duterte has not hidden his lack of patience for international gatherings, even joking he would cancel a November ASEAN Summit because he was tired of playing host to foreign leaders.

He has also declared he is "no statesman" though his position as Philippine president requires him to be the country's chief diplomat. (READ: Duterte told of protocol: 'You do it for the country') – Rappler.com

The court has annulled the marriage of Senate President Aquilino Pimentel III with his former wife Jewel May Lobaton, Rappler learned on Thursday, January 25.

Rappler got the confirmation from a source privy to the information, who also said that the decision was released this week. Pimentel has yet to reply to queries as of posting time.

In September 2013, Lobaton filed with the Quezon City court a petition to annul her marriage to Pimentel.

Lobaton and Pimentel married in 2000 – after Pimentel topped the bar and she was crowned beauty queen.

They began living separately in November 2011. In May 2012, Pimentel officially announced their separation calling it the "most difficult public pronouncement I will ever be making in my entire life." They have two sons.

Pimentel, 55, has been in a relationship with 35-year-old Kathryna Yu for at least two years now.

Yu heads the newly formed PDP-Laban Cares, the humanitarian arm of the ruling party headed by Pimentel. – Rappler.com

If Philippine President Rodrigo Duterte is to be believed, he said he had shared notes with Myanmar leader Aung San Suu Kyi over the verbal beating they both have been getting from human rights advocates.

During a business forum in India on Friday, January 26, Duterte said he was able to talk to Suu Kyi during the Association of Southeast Asian Nations (ASEAN) summit held in New Delhi the previous day.

Suu Kyi, known as a democracy and human rights icon, has disappointed many for her silence over the persecution of Rohingyas in her country.

Duterte commiserated with her.

"These human rights people, you know. Aung San Suu Kyi was with us. I pity her because she seems to be caught in the middle of being a Nobel Prize Winner for peace and there is the ruckus. Now she is heavily criticized," said Duterte.

He decided to give her some advice.

"She's been complaining that we’re talking about 'our country, our own country.' And I said, do not mind the human rights," said Duterte.

The controversial Philippine leader would know a thing or two about being criticized for his human rights record.

United Nations officials, former United States president Barack Obama, European lawmakers, former Colombian president Cesar Gaviria, and a slew of Philippine and international human rights groups have criticized him for his bloody drug war.

In the same speech, he had more words to say about the UN.

"United Nations serves no purpose actually, for mankind...With all its inutility, it hasn't prevented any war, it hasn't prevented any massacre," said Duterte.

Suu Kyi, like Duterte, has claimed the global community is being misled by a "huge iceberg of misinformation" about human rights abuses against the Rohingya, a Muslim ethnic minority persecuted in Myanmar for decades.

The Nobel laureate has been criticized by her own fellow Nobel prize winners for her seeming lack of sympathy for the Rohingya.

“It is incongruous for a symbol of righteousness to lead such a country,” Archbishop Desmond Tutu has said.

Some, however, say her silence is a calculated political move not to alienate the powerful military and many people from Myanmar who consider the Rohingya as outcasts in their country.

Interestingly, when Duterte visited Myanmar in March 2017, he handed over to Suu Kyi $300,000 (P15 million) for humanitarian assistance for the Rohingya.– Rappler.com

MANILA, Philippines – When 17-year-old Kian delos Santos was killed defenseless by Caloocan cops, his family could point to only one credible witness to recount what happened: a CCTV camera. It was installed by barangay officials near the community basketball court, where cops in civilian clothes dragged the boy across, thus capturing the incident. 

Delos Santos' case led to the complete overhaul of the Caloocan City Police. Philippine National Police (PNP) chief Director General Ronald dela Rosa called his death an overkill.

With the irregularity of Delos Santos' case being the first to be unearthed through film out of almost 4,000 drug-related deaths recorded by the police, questions have been raised: Could there have been others before him? What if cameras recorded all the operations? Even better, why not strap those cameras to cops themselves?

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These questions made their way to the halls of Congress, with lawmakers in both the House and the Senate demanding that the PNP clip on the gadgets on the cops to prevent another Filipino getting killed kneeling and pleading. Top cop Dela Rosa, dismissive at first, gave in.

Body cameras were exalted as the solution to the controversially bloody war on drugs. The PNP aims to release them by 2018.

There's still a long way to go, however, before they are rolled out to the field to prevent abuse and crime. The PNP still has not procured body cameras, and they have yet to craft operating guidelines for using the gadgets.

The cops – the camera's carriers – also still have scalawags among them.

All this while their anti-drug campaign continues.

Lessons from first users

SWAT officer SPO2 Andrew Mendres sat idly at his desk, waiting for a call from a crime scene. He wore his full gear, an operative's black overall, the rim of his baseball cap casting a shadow on his eyes . On his right chest hung a body camera that blinked red and green. On his left, a crucifix.

Even before the PNP's promise of requiring body cameras in police operations, the Pasig City Police Station had already received 48 body cameras from their local government in September 2017.

It was during the build-up to the time the PNP was to be excluded from the war on drugs a second time. 

Since policies from Camp Crame had not been set up, Pasig City Police chief Senior Superintendent Orlando Yebra took it upon himself to impose verbal orders first. They have prepared detailed guidelines, he said, but they have yet to be approved by district higher-ups.

While he appreciated the local government's donation, SWAT officer Mendres said he has spotted crucial blind spots with the camera he carries.

First, he said, the cameras do not have night vision. This is a problem for them since most anti-drug and crime operations happen when the sun has set.

"And even if it's not night time, there are dark areas during the day, because there are buildings that are enclosed. We really need night vision," Mendres shared to Rappler in Filipino.

Officers can hold a flashlight to where they want to record, the SWAT man said, but that would make them visible targets to dangerous suspects. It's bad enough that the cameras blink red when they press record.

The cameras can record 4 hours before shutting down and its memory getting full. Mendres found these features too low for 12-hour shifts of cops.

“It hangs. Sometimes you need to delete, sometimes it goes full without you noticing),” Mendres said.

“Sometimes, there might be an unexpected shootout. What if you used it the whole day then there's suddenly a shootout or an accident? It's better that it works for 24 hours),” Mendres added.

With the scarcity of body camera units, Mendres said there are officers who want the cameras more, and there are those who prefer not to use them. He said he does not know their reasons for not wanting to wear them.

Ideally, Yebra told Rappler, there should be at least one cop wearing the body camera in every operation. A standard police operating team usually has 7 team members.

Security expert Kathline Tolosa warned that these mishaps and shortcomings are precisely what the PNP needs to address with detailed rules and policies.

“At first glance, it would make sense to have the body camera because, as used in other countries, it could be an insurance for both the cop and the citizen. Yeah, sure. But, of course, if you purchase an equipment, then how about the maintenance? How are you gonna make sure that it's going to be used properly?” said Tolosa, the executive director of independent think tank Security Reform Initiative.

“It's not full-proof. They can always say it got broken, they can always say the signal got cut off, or the battery dropped for whatever reason,” she added.

Specifications

To prevent these possible excuses of camera glitches, the PNP and the National Police Commission (Napolcom) internally agreed on a minimum requirement of specifications for cameras cops will use, Rappler learned.

According to Napolcom Resolution Number 2017-369, the PNP itself initiated the move to standardize the body cameras in March 2017, fresh into their first return to the drug war.

The body cameras, the resolution reads, "can be worn in the body or installed in the dashboard of a police patrol vehicle of the frontline law enforcers to increase its transparency during legitimate police operation and other activities by recording the event which can be reviewed, studied, and used as evidence."

The PNP plans to get 37,000 cameras with these specifications. According to the latest announcement of PNP spokesperson Chief Superintendent Dionardo Carlos, the PNP is still looking for a body camera provider.

When the units arrive, Carlos said in a September 2017 press briefing, the PNP will prioritize distribution to operatives.

Until the PNP finds a supplier and procure the cameras, local police stations are encouraged to cooperate with local government units (LGUs) in getting body cameras, as what is being done by PNP chief Dela Rosa.

Dela Rosa has called on "well-meaning Filipinos" to give them cameras as they wait for the procurement of the gadgets. Without internal rules that guide LGUs or private donors, cameras below the PNP-Napolcom standard might continue coming in.

Pasig’s Yebra said the cameras, despite being below ideal quality, remain useful in operation. However, he admitted he has asked the local government for new ones with high-tier features.

Beyond the operation

The handling of body cameras does not end with the operation.

SRI’s Tolosa pointed to the importance of storage and safekeeping that come after a day in the field. People and computers needed to process footage taken by the operatives. 

Without directives from Camp Crame or Napolcom, Pasig police chief Yebra ordered desk officers from their operations departments to save and guard the recordings. His rule is that the footage be saved on a single computer per station.

As for access, Yebra said, “We have not talked about that.” His procedure so far, he said, is only himself as the city’s chief of police can weigh and approve requests for footage.

Napolcom Vice Chairman Rogelio Casurao told Rappler that the PNP and the Napolcom are still looking for companies that can supply computers that not only save footage but can also stream the cameras live from a command center.

As for the access, he said as long as requested clips will not compromise investigations, requests should generally be granted.

“It depends on the stage of the investigation. If there is a question as to the authenticity or the propriety of the activity of the PNP, that becomes very essential [in deciding to release them],” Casurao said.

“You must remember that we have freedom of information. It's an executive order signed by the President requiring all government offices to be transparent, and I think that (body camera) is included there,” he added.

The cop matters more

But even if in time the PNP has enough cameras and rules to govern their use, Tolosa said they can only go so far if the cops who wear them do not have the right values and discipline.

"Let's not be content with just having the body cameras. It goes way beyond having an additional equipment added to their uniform. It is really about looking at the indoctrination and the training," Tolosa said.

Napolcom's Casurao and PNP's Yebra have similar sentiments.

"They should not only think about law enforcement but they should also be imbued with righteousness, uprightness, decency, and basic core values of honesty and integrity and competence in the police service. With or without cameras, they have to be good citizens of the country," Casurao said.

Yebra, for his part, likened the cameras to guns: "It's like a gun. You can have good, sophisticated, top-of-the-line, or new one, but what if the person who holds it doesn't know how to use it or use it for the good? It's just a tool for our police work."

By indoctrination and training, Tolosa meant the combination of the intensive training of police "bagitos (newbies)" before admission into the service, and the continuous teaching and training as they go up the ranks and cross the different units of the PNP.

She said the training can heavily dictate what a cop does when deployed.

"Your indoctrination, and even sometimes your upbringing, comes in. It will be alright that you memorized about human rights, but what if it you haven't internalized it?" Tolosa said.

Currently, the PNP provides human rights training seminars through its Human Rights Affairs Office, which links up with human rights groups in reminding cops of their boundaries as law enforcers.

"Maybe there is another way we can teach [about human rights] that it might leave a better mark," Tolosa said. – Rappler.com

MANILA, Philippines – Since Rodrigo Duterte won the presidency, there has been increasing fascination with the members of his family.

In the past few weeks, such interest reached new levels, with many Filipinos hearing, some for the first time, about presidential granddaughter Isabelle Duterte, thanks to her Malacañang photo-shoot and extravagant debut.

There was the family drama that unfolded online, as Isabelle exchanged harsh words with her father Paolo, then vice mayor of Davao City, followed by his dramatic resignation from public office on Christmas Day, no less.

Then there’s controversy of another kind. Paolo and his brother-in-law Manases Carpio were summoned to the Senate on allegations they are involved in drug smuggling. The irateness of their responses, the toxic tension between them and their primary accuser Senator Antonio Trillanes IV were more than enough to satisfy Filipino viewers’ hunger for a scene.

The nation kept itself updated with Sara Duterte-Carpio’s pregnancy with triplets, were saddened by the passing of two of them, and cooed when it saw the President carrying tiny Stonefish in his arms.  

There would, of course, be passionate discussion later on about the little boy’s nickname. 

When a Davao City market was bombed one night in September, it was not just the local government that came under the microscope, but the father-and-daughter tandem of Digong and Sara, who, some would argue, constitute Davao’s government.

With the father occupying Malacañang and the children in high local government positions, the inner workings of the Duterte family do impact the nation.

Here’s what we know about the dynamics in this influential and powerful family.

Sara, the apple of Rody’s eye 

Multiple sources close to the family attest that Sara is Duterte’s favorite child. One even said the septuagenarian president is often scared of his eldest daughter. Sara, headstrong and independent, has not been afraid to clash with Duterte. 

Perhaps among the first times she did so was as a teenager, when she would show her disapproval for her father’s late nights out. Her mother, Elizabeth Zimmerman, Duterte’s first wife (legally, only wife) would be frustrated by Rody’s tendency to come home late.

Sara sided with her mother and doused Rody with some ice-cold silent treatment.

Duterte allegedly complained to a friend when Sara’s silent treatment lasted longer than usual. 

“Imagine, it’s been one week, she still isn’t talking to me!” the mayor supposedly said.   

Duterte has also told Rappler that Sara understands the way he thinks, can almost read his mind. Whereas her mind, to him, is inscrutable.

It’s no wonder that, of all his children, it was Sara he groomed to take his post as leader of Davao City.

Duterte’s fondness for Sara is evident even now, when he speaks of her in his speeches.

With a mix of amusement and awe, Duterte will always remind his audience that Sara punched a sheriff in 2011 for refusing her order to delay the demolition of shanties.

“Ibang klaseng ang babae na ’yan (That woman is something else),” he said in an April 2017 speech.

So influential is Sara that her opinions and decisions have determined Duterte’s actions.

Her refusal to run for mayor in 2016 was one major reason Duterte repeatedly declined to seek the presidency. If she would not run, who would preserve his Davao City legacy if he runs for president?

When she finally agreed, Duterte pushed through with his presidential bid.

But on the day he took his oath as president, Sara sent him her resignation as mayor, as if to say she had kept her end of the bargain and was no longer bound to it because Duterte now occupies Malacañang.

Duterte has even higher hopes for Sara.

Could this joke about Sara’s “violent” tendencies give a clue? 

“Kung wala na kayong makuha na ibang presidente, iyan ang kunin ninyo. Patay lahat. Ubos iyan,” said Duterte in the same April 2017 speech. (If you can’t find another president, get her. Everyone will die, everyone will be wiped out.) 

For now, Sara has dropped her plans to run for congresswoman in 2019, although she says the situation remains fluid. A recent survey also showed she could win if senatorial elections were held today, but she said she’d only do so if she gets annoyed with her father’s critics. 

Paolo, the embattled eldest

Paolo is perhaps the most controversial of Duterte’s children. He has been accused of being a smuggler, a member of Chinese criminal syndicate Triad, a former drug addict. He has denied these allegations. 

While Sara is a daddy’s girl, Paolo is a mama’s boy.  

Duterte himself has spoken in public about Paolo’s wayward past. He recalled, with an air of resignation, how Paolo “eloped” with a woman when he was 18 and she was 24. The lady, Lovelie Sangkola Sumera, is the mother of the controversial Isabelle. 

Paolo had to stop his schooling and work in the ports to help with the importation business of Lovelie’s family. Duterte would not see his eldest son for years.

"One of my sad events in my life because I never saw him for more than 5 years. Until ’yung nalaman ko na nagkaroon na ako ng apo (I found out I had a grandchild), so I sought him out and made peace with him," said Duterte in August 2017.

Paolo’s marriage to Lovelie would eventually be formally annulled by a sharia court in 2005. He has 3 children with her: Isabelle, Omar, and Rigo. 

Sources close to the family say Paolo has always sought affirmation from his father.

A misunderstanding between father and son convinced Paolo to resign from Duterte’s local political party in Davao City. 

At that time, in 2015, Paolo, who was then serving his first term as vice mayor, wanted to run for mayor. His father’s first pick for the post, however, was Sara. 

Explaining his resignation from his father’s party, Paolo said, “I feel that my presence is unappreciated and unacknowledged and sometimes even unwelcome to the current leadership of the party.”

Duterte, after hearing of Paolo’s resignation, surmised that his son likely must have been hurt when the party declared its vice mayoral slot open to other party members, perhaps considering the slot should have been reserved for him. 

But the elder Duterte said the slot was declared open so that, in case Sara would not run for mayor, Paolo would do so, requiring someone else to run for vice mayor.

Out of all his grown children, it was Paolo who was first by his father’s side on the night of the 2016 elections, when it had been apparent that Duterte had won the presidency by a landslide.

The company Paolo keeps has also attracted controversy. Charlie Tan, an alleged member of the “Davao Group,” a group of smugglers wielding influence over the Bureau of Customs, is a “drinking buddy” of his. He's also been seen hanging out with Kenneth Dong, the alleged middleman in the P6.4 billion shabu shipment from China.

Tan was the same friend Paolo supposedly “protected” from law enforcers after he suspected Tan of inserting illegal drugs into a shipment.

Two self-admitted members of the Davao Death Squad claim Paolo tapped their group to kill his personal enemies. 

After all these heavy allegations, compounded by his daughter’s Malacañang photo shoot and their public squabble, Paolo resigned as vice mayor last Christmas.

Sebastian, the wild child

While his visible tattoos and lip piercing give him a “bad boy” vibe, Sebastian or Baste is known as the most malambing (affectionate) of Duterte’s adult children – at least, when he was younger.

As the youngest, he would sleep in his parents room while his older siblings stayed in rooms of their own.

The only one not into politics (yet), Baste has been content to run his junk shop and spend his days surfing with friends. Recently, though, he’s been more visible as the endorser of Tapa King and host of a travel show on TV5.

Baste got the most of his father’s “que sera sera” side, an attitude of not meddling and just doing your own thing regardless of the consequences. He is Duterte’s most carefree and non-adversarial child.

He apparently also inherited Duterte’s unabashed love for women. 

He admitted in a PhilStar interview that his current live-in partner, the mother of his son, is his 6th girlfriend. Baste then got his taste of showbiz drama when it was revealed he had a short-term relationship with actress Ellen Adarna.

The nation tuned in when Duterte used the presidential podium to scoff at his relationship with Adarna and remind him to visit his child.

“’Yung isang bunso ko, isa pa ring tarantado. ’Di umuwi ng bahay, sige lang doon kay Adarna,” said the President in February 2017. (My youngest is another fool. He doesn’t go home, he’s always with Adarna.)

"Umuwi ka na kasi iyong anak mo hindi ka na kilala,” he said two days after. (Go home because your child no longer knows you.)

Baste hardly meddles into the affairs or controversies of his older siblings or his father. But could this all change if his family convinces him to run for vice mayor in the next elections?

Elizabeth, the cherished wife

Elizabeth has largely been out of the public eye because of her stage 3 breast cancer. Her name only makes it to headlines when the President sends her flowers and a cake for Valentine's Day, a tradition of his.

The two are warm to each other in public, with Duterte dropping by Elizabeth's 68th birthday during the busy campaign season in 2016. It was also a show of appreciation for her support. She had stopped her radiation treatment just to campaign for him.

But it was not always so. Court records from when Elizabeth sought their marriage annulment show she suffered from “emotional abuse” from Duterte, who, she said, was a “womanizer” and had frequent “outbursts of temper.”

Elizabeth, according to a transcript from the proceedings, said Duterte flaunted his women, brought them to parties, meetings, and political rallies, where he sometimes introduced them as “Mrs Duterte.”

In-laws, past and present

It was only during Duterte’s presidency when the country finally became acquainted with Sara’s husband, lawyer Manases Carpio.

Carpio, whom Sara met in San Beda Law School, was unceremoniously forced into the public sphere when he was accused of involvement in smuggling. He appeared in the Senate with Paolo in September 2017, where he denied the allegations.

Carpio runs a law firm, Carpio & Duterte Lawyers, which counts among its clients Mighty Corporation, a tobacco company which agreed to pay the government P25 billion as settlement after Duterte ordered the arrest of its owners for “economic sabotage.”

But perhaps more controversial than the Carpios are the Sangkolas, former in-laws of Duterte after Paolo separated from Lovelie Sangkola Sumera.

Things don’t appear to be rosy between Lovelie and the Dutertes. 

Back in June 2017, Paolo claimed Lovelie was calling herself “Lovelie Duterte,” leading to the spread of misinformation about the identity of his wife. 

Lovelie shot back, calling him “callous” for saying she was “misrepresenting” herself.

More recently, Paolo admonished his daughter with Lovelie, Isabelle, for allowing herself to be “pimped” by an unknown person. He said she lacked respect and even advised her to change her surname.

The squabble happened a week after Isabelle’s extravagant photo shoot in Malacañang. 

Paolo would later on attribute his resignation as vice mayor to his “failed” marriage with Lovelie.

“The other person in this failed relationship is incorrigible and cannot be controlled. And I take responsibility for all that has happened as a result of a wrong decision to marry at a very young age,” he said in his resignation letter, submitted to the city council.

Despite this bad blood, President Duterte himself has welcomed the Sangkolas with open arms. 

Lovelie and her children are invited to Malacañang events. They were seen on the campaign trail with Duterte. During the transition into the presidency, Lovelie was even able to arrange a meeting between the President-elect and her good friend, show business talent manager Annabelle Rama. 

Why the access? It could be because, during the campaign, Lovelie supposedly helped Duterte reach out to Muslim leaders in different parts of Mindanao.  

Duterte has described Lovelie as having a Tausug father and a Maranao mother. Her family, he said, are “Muslim vendors” selling “jars” and “ukay-ukay” (secondhand clothes).

A Davao-based businesswoman, Lovelie is influential in her own right. If it’s any indication, many of the guests at Isabelle’s debut were fabulously wealthy Muslims.

Lovelie herself is no poor relation, able to afford luxury brands (she collects Hermes bags), vacations at expensive resorts, and a fit-for-royalty debut for her daughter.

Lovelie’s wealth and her willingness to flaunt it are in stark contrast to the Duterte family’s projected simplicity.

The President, who calls himself “just a government worker,” is the first to speak out against unnecessary spending and the “wealthy elites” of society. 

Could this be why, despite an invitation, Duterte skipped Isabelle’s debut?

Duterte also took to the presidential podium in August 2017 to warn that a woman was going around government offices, calling herself “Lovelie Duterte.” There is no such person, he stressed to the public.

The steady partner

A silent but steady figure in all this is Duterte’s partner, Honeylet Avanceña. 

His First Lady in all but name, Avanceña has chosen to stay in Davao City to take care of her many businesses (Mister Donut franchises, meat shops). But she drops by Bahay Pangarap every now and then to make sure Duterte isn’t up to any shenanigans.

She met Duterte in 1998, and since then has endured the anger of his first family, and then the indignity of having to share his affections with other women.

Avanceña has learned not to rock the boat. She is careful with her actions, and is particularly wary of Sara.

Duterte has chosen not to give her the official title of First Lady, for fear of how Sara will react. If it comes to a showdown between Honeylet and Sara, a family friend surmises, Duterte would side with Sara.

Despite the chill relations between the two women, Duterte’s older children are warm to her daughter Veronica. 

For the most part, Honeylet has hidden her jealousy over Duterte’s other girls. A deeply religious woman, she knows her role is to take care of Duterte in his old age, and to be the mother of his youngest daughter, Veronica.

Duterte has had nothing but praise for his partner, calling her industrious and enterprising, a “millionaire” by her own efforts, though he has admitted that her status as the mayor’s partner has smoothened the path for her.

Despite her unassuming nature, Honeylet has been known to wield her influence over Duterte, with some appointments in government being traced to her. She is Duterte’s ravishing sidekick during major international events. She hobnobs with First Ladies of foreign leaders.

The go-to guy

Then there is Bong Go. While not strictly family, Go is so often by Duterte’s side that he has become much more than just a family friend and assistant. 

Duterte’s own children reach their father through Go. Go makes sure their needs are met. Back when they were younger, it was he or the driver Sonny who would give them their allowance. 

He has been a constant in their family since 1998, when he first started doing errands for Duterte.

It helps also that Go’s grandfather August was a very close friend of Duterte’s and Elizabeth’s. He was one of the principal sponsors of their marriage. 

A family friend says that, while the Dutertes now live largely separate lives, hardly speaking or meeting each other, they will unite behind any member of the family under attack. 

That unity was seen during the 2016 campaign, when they all rallied behind Duterte. 

With Paolo’s resignation and Sara’s potential bid for higher office, there will be shake-ups in Davao City and in their family. Manases may run for mayor while Baste may seek the vice mayoral post.

Claims about their hidden wealth persist. Allegations of murder and smuggling taint their surname. While their supporters revere their legacy, others cannot shake their suspicions. 

How will the Duterte family be remembered in Philippine history? – Rappler.com

MANILA, Philippines – It may be up to the Supreme Court now to clarify an unclear provision in the 1987 Philippine Constitution that has set off a “conflict” between the Senate and House of Representatives.

On Thursday, January 25, law professor Arturo de Castro filed a petition, asking the High Court to issue a declaratory relief whether or not the two chambers of Congress should vote jointly or separately in introducing changes to the Constitution.

The manner of voting sparked disagreements between congressmen and senators because Article XVII of the 1987 Philippine Constitution is silent on the matter. (READ: What you need to know about Charter Change)

According to constitutional law experts, the lack of clarity in this specific provision was due to the fact that the 1986 Constitutional Commission (Con-Com) members wrote the draft with a unicameral assembly in mind.

Retired SC justice Vicente Mendoza explained to Rappler that in the beginning of the proceedings, the Constitution was drafted “on the premise that the lawmaking department will be unicameral but towards the end, they decided to return to the bicameral system.” 

This was echoed by retired SC justice Adolfo Azcuna, who was one of the framers of the Constitution. 

“Ito ang problema niyan (this is the problem there): originally, this provision was drafted by us when we had in mind a unicameral legislative body – one chamber,” he explained. “Kaya hindi naman sinabi diyan (That’s why we didn’t state) whether they should sit together, separately, vote separately or together.”

The official journal for the day when Article XVII was first tackled by the 1986 Con-Com states the same. On July 8, 1986, the committee on amendments and transitory provisions put forward Committee Report Number 7 (what would later become Proposed Resolution Number 322), which concerned amendment or revision to the Constitution. 

During an interpellation, then commissioner Florenz Regalado pointed out to committee chairperson Jose Suarez the composition of sections 1 and 2 of Article XVII:  

MR. REGALADO: I also notice that both Sections 1 and 2 are premised on the anticipation that the Commission, not only the Committee, will opt for a unicameral body. In the event that a bicameral legislative body will carry the day, has the Committee prepared contingency proposals or resolutions?

MR. SUAREZ: Yes, in that situation, we would propose to include the words IN JOINT SESSION ASSEMBLED. 

MR. REGALADO: But still maintaining the same number of votes? 

MR. SUAREZ: The Commissioner is right. 

MR. REGALADO: Thank you.

On July 9, 1986, after two days of interpellation, Con-Com members adopted Proposed Resolution Number 322, with 29 votes in favor and none against.

‘Oversight’ 

Things changed when the legislative arm of the government was tackled. From the committee-approved unicameral assembly, the plenary at the Con-Com voted to change it to a bicameral congress.  

Azcuna, a member of the committee on the legislative, recalled that they had to rewrite parts of the draft to reflect the changes.  

“Nagboto and naging two chambers by one vote, so ano'ng nangyari doon sa draft na sinubmit ng committee?” he explained. “Kailangan baguhin dahil iyong draft on legislative power ay one chamber lang. We had to change it into what it is now.”

(There was a voting and it became two chambers by one vote so what happened to the draft we submitted as a committee? We had to change the draft on legislative power because it pertained to only one chamber there. We had to change it into what it is now.)  

Several provisions were rewritten. However, the committee in charge of Article XVII “failed” to adjust the provisions to fit the bicameral character of the legislative department.  

“That belongs to another committee. The other committee apparently failed to adjust it,” Azcuna said. “There's an overall review pero hindi na rin nakita iyon (it wasn’t noticed anymore) so it really was an oversight, considering that we did this in only 6 months.” 

Mendoza added: “They forgot [about Article XVII] that’s why I said, for once, Homer nodded, nakatulog (fell asleep). So what happened? Disastrous. This is the problem, this one is based on the premise that there will only be one chamber.”

The committee on amendments and transitory provisions also failed to apply their original plan in case a bicameral legislative body would be adopted – which was to add the phrase “in joint session assembled.” 

Resolving the problem

Mendoza said the only way to clear the manner of voting and to avoid further problems is to rewrite the part. But doing so may open the floodgates of abuse. (READ: LOOK BACK: Past Charter Change attempts and why they failed)

“That's why well-meaning attempts to clarify provisions in the Constitution cannot be done because of fear that the politicians will come in and propose extension of their terms in some direct or indirect way,” he said.  

“Now, you cannot do that because the politicians are there waiting for you to open the door,” Mendoza added. “Once you open the door, they will get in faster than you can get in.” 

Azcuna, however, said that the “unclear” Article XVII provision on voting does not mean there is a failure to provide for a way to change the Constitution. If needed, it can be interpreted through various means – whether by Congress or the SC. 

“We have still have a system under this Constitution that an interpretation of the Constitution can be made by those implementing it and ultimately by the Supreme Court, so there is a solution,” he explained.

Letting Congress interpret the provision, however, may require more work as the House of Representatives and the Senate have engaged in a long and public debate regarding Charter Change already. 

House Speaker Pantaleon Alvarez have insisted that the two chambers vote jointly, while senators  adamantly want to vote separately. With the nearly 300 House members against 23 senators, the voice of the Senate would be deemed irrelevant in a joint vote.

This impasse was broken when congressional leaders on Wednesday, January 24, decided to focus first on the proposed amendments to make before tackling the method by which to pursue these changes.

Until the SC releases its own declaratory relief on the matter, however, the manner of voting will still be up for debate between the two chambers of Congress. – with reports from Sofia Tomacruz/Rappler.com

AT A GLANCE

• In the Philippines, the obsession with beauty pageants is culturally entrenched
• National pageants are a multi-million peso lucrative industry, attracting hordes of sponsors and promoting Philippine designers and make-up artists
• Feminists say the country's fixation with these contests is harmful to women because it sets unrealistic standards of beauty and promotes gender inequality

Part 1 of a 2-part series

MANILA, Philippines – On a vast stage with flashing lights and blaring music, 30 women in haltered gold lamé dresses twirl and prance in choreographed unison.

Their long hair bounce on their shoulders, smiles big and wide, as they sway along, raise their arms and shake their hips – all on their sky-high heels. They dance together to "Manila Girl", like they're in a noontime show.

In their sparkling gowns and fancy suits, the audience – actors, singers, and some politicians including a former president – all lap it up. The rest of the crowd cheer, chanting names and carrying banners plastered with photos of the women’s faces.

Welcome to yet another beauty pageant, a regular spectacle in the Philippines which often draws crowds by the hundreds.

In the next few hours, the women will go from wearing their bright metallic dresses to just a bikini, before reappearing on stage in long evening gowns – showcasing themselves from every angle.

A handful will then make it through to the final stages of the contest and answer questions from the judges in less than a minute, and at the end of the night, 4 grueling hours later, one woman will wear a crown.

At the Philippine International Convention Center plenary hall on June 24, a historic building that is often used to welcome heads of state, the Miss Manila Beauty Pageant is in full swing.

In the Philippines, beauty pageants are a national obsession.

Many young girls are urged by their parents or older relatives to join beauty pageants because of the prestige that comes with winning. Filipinos are exposed to beauty contests at a young age due to their ubiquity – with pageants being a staple in every community. 

"In the Philippine setting, pageants are an institution that will not fade away. Every sitio, barrio, barangay, local town and city holds and conducts its own beauty pageant yearly. It's part of our culture," Pawee Ventura, a pageant follower and frequent judge at international pageants, told Rappler in 2013.

International pageants are an even bigger deal. Weeks before major international beauty contests, news headlines are filled with updates about preparations of candidates, their gym routines, their diets and the designers who are creating their gowns.

Social media is abuzz with opinions on what the Philippine representative should work on, with passionate fans often bickering about their predictions. The candidates too are under immense pressure, and are put under strict diets, training schedules, and press engagements.

How did this all begin? Filipinos’ fixation with beauty pageants can be traced all the way back to colonial history.

"Our passion for beauty pageants could probably be traced back [to] the Spanish times. The traditional Santacruzan festival demands that the most beautiful lass in the barrio should be the Reina Elena. That in itself was a form of beauty pageant and that could be the roots of our love affair with beauty pageants," Ric Galvez, founder of leading pageant website Missosology.

This was further stamped on the Philippine consciousness during the American period through Carnival Queens, a title bestowed on the winner of a beauty and talent competition. 

Things levelled up in post-colonial Philippines, as the stunning Gloria Diaz won Miss Universe in 1969, the country's first major crown.

It has since become a source of pride in a country riddled with poverty. Philippine bets won Miss Universe 3 times in 1969, 1973 and 2015; Miss World once in 2013; and Miss International 6 times in 1964, 1970, 1979, 2005, 2013, and 2016.

Aside from this, bringing the most presitigious pageants to the country also helped spur further interest.

"Having hosted the Miss Universe pageant not just once but thrice could have further given our beauty appetite a boost. Today, beauty pageants are alive and well in our country. Any barrio fiesta would be boring without it," said Galvez.

Pageants are so embedded in Philippine culture that there are contests for children, LGBT communities, and senior citizens. Even overseas Filipino workers host their own pageants in communities abroad.

Taking pageants seriously is something unique to the Philippines, compared to most other countries.  

The Philippines' consistent top finish at the Global Beauties' Grand Slam Ranking is evidence of this. Global Beauties, a Brazil and Panama–based website that analyzes international beauty pageants, ranked the Philippines on top of its annual Grand Slam Ranking two years in a row – in both 2016 and 2017.

The rankings are tabulated based on points earned for every country's top placing in major global pageants.

"Philippines consolidates its position as the planet´s number 1 beauty pageants´ powerhouse," the website read, after it announced 2017's final standings.

The Philippines finished with 115.6 points, far ahead of second-placer Venezuela (104.7) and Colombia (76.3). 

"Filipinos are unabashedly appreciative of female beauty. We are perhaps the most liberal nation in Southeast Asia and we see feminine beauty as empowering rather than a threat," Galvez said. "Our culture is more aligned with Latin America rather than with our neighboring nations."

Indeed, the top 10 boasted of 4 Latin American countries, with only the Philippines and Thailand from Southeast Asia. Six of the 10, including the Philippines, were unsurprisingly former Spanish colonies.

But who exactly benefits most from these pageants? 

Financial statements submitted to the Securities and Exchange Commission (SEC) by the Binibining Pilipinas Charities Inc – the organizers of the country's biggest pageant – emphasized how lucrative pageants are.

Between 2010 to 2015, the years with the latest documentation, sponsorships varied between P2.78 million (about $54,587) and P35 million (roughly $688,225). Over those 6 years, sponsorships reached a whopping P128,454,631 ($2,523,125).

Ticket sales also raked in a lot of funds, varying between P1.24 million ($24,333) and P4.29 million ($84,190). It totaled over P15.73 million ($309,127).

"It is safe to say that the pageant industry in the Philippines is a multi-million peso industry," Galvez said. "For pageant owners, there are always sponsors that are very willing to shell out substantial amount of money because there is widespread interest in beauty pageants."

Galvez pointed out, there are other winners in the industry too.

"From small-scale couturiers to famous fashion brands such as Michael Cinco or Francis Libiran, our interest in pageantry gave our fashion designers a much-needed boost. Many foreign countries for example have tapped Albert Andrada after his gown was used by Pia Wurtzbach at Miss Universe. The same is true for several Filipino pageant trainers and make-up artists," he added.

BPCI on its website claims it "donates all its earnings to a string of orphanages in Metro Manila including daycare centers, in cooperation with the Department of Social Welfare and Development (DSWD)." The benefits are clearly plenty for recipients, organizers, designers and sponsors.

But what about the women?

Kristel Herrera, 23, is a first time pageant contestant. She is a singer by profession, but was convinced by some elders to try her luck in Miss Manila. Her dream is to become a model.

The pageant would’ve made the dream easier. The winner of Miss Manila stood to win P500,000 ($10,000) along with a talent contract with Viva Entertainment, which produces some of the country’s biggest stars. Part of the cash prize comes from the pocket of the city’s Mayor Joseph Estrada himself – a common practice in the Philippines, where politicians host and organize pageants for their constituencies.

The pageant is one of the most anticipated local contests in the country, having paved the way for some women to compete on the world stage.

The pre-pageant events are tedious, with back to back appearances. Upon acceptance as a contestant, the women are housed in Manila Hotel, their schedules strictly dictated, up until coronation night. The preparations include media presentations, training on walking, make-up and Q&A, charity work, and photo shoots.

“I've been preparing. Like I'm reviewing some old news about Manila. I've been dieting, of course. One of the most intimidating process of being a model is the diet so it's one of my preparations. And the walking and the talking as well,” Kristel told Rappler.

She said she eats just one egg in the morning, and one before bed, and “lots of green salad” and turmeric tea in between.

Asked what she thinks make her stand out, she doesn’t say her physical appearance. Kristel is slightly shorter than most of the girls.

“I can sing. I have studied a lot of history of Manila so maybe I could answer a lot,” she said.

Ten days before pageant night, at the presentation of the contestants to the media, Estrada said he revived the pageant after his return as mayor, “as a symbol of the return of beauty and energy of Manila.” He called the pageant the “highlight” of the city’s 446th anniversary of Manila’s founding.

The 80-year-old – who is also known for his womanizing and his numerous marital affairs – then took the opportunity to talk about how the pageant benefitted him.

“I must admit that this must be one of the most enjoyable benefits of being mayor. Lagi akong dinadalaw ng mga magagandang Pilipina. Nawawala tuloy ang aking problema. (I am always visited by beautiful Filipinas. So my problems go away).”

The audience laughed heartily.

It is this sort of objectification of women – of seeing women as sources of pleasure – that makes some people uncomfortable about pageants, and claim they are merely an excuse to ogle women.

For these reasons, in countries outside the Philippines, there has been a backlash against beauty pageants.

A town in Argentina has since banned them altogether, arguing they are "sexist" and "encouraged an obsession with physical beauty and illnesses like bulimia and anorexia." 

In the United States, critics have slammed its existence in the 21st century, for adhering to traditional standards of beauty and virtue for women – like requiring contestants to never have been married or pregnant.

Peru also made headlines last year when their national pageant asked women to announce statistics of violence against women in the country, rather than their physical measurements of bust, hip and waist.

In France, the Senate approved a ban on pageants for young girls, with proponents arguing, "It is extremely destructive for a girl between the age of 6 and 12 to hear her mother say that what’s important for her is to be beautiful...We are fighting to say: what counts is what they have in their brains.”

Dr Mina Roces, a professor at the University of New South Wales who has focused her research on women's history in the Philippines, noted that pageants are harmful for women because they promote unrealistic standards of beauty that only few can achieve.

“What's harmful is that it fits a certain scheme,” Roces said pointing out height requirements and ideal body types for pageants.

“The fact that there's a stereotype that's unrealistic for many people. And if it becomes prescriptive, you would feel less of a fulfilled person if you don't fit the ideal. That would be harmful.”

An Asia Sentinel article raised this concern as well, in an article titled, "Miss Universe: Western Mom or Dad Needed." It points out that in Southeast Asia, those who often do well are of mixed heritage.

After Pia Wurtzbach's 2015 Miss Universe win, the article pointed out that "Asian viewers cheering yet another victory for a Southeast Asian contestant in the rival Miss Universe and Miss World contests might do well to ponder who is chosen to represent their countries and why."

"Even a cursory analysis of the chosen ones indicates characteristics which are atypical of their nations. The first is a preference for semi-Caucasian features, notably of eyes and nose. The second, a preference for skins much lighter than the national norms. Third, they must conform to the notion that tall is beautiful."

Wurtzbach is half German.

"The bottom line of all this is that however well formed, beguiling, charming and intelligent you are, if you have a brown skin and are only 160 cm tall or less (well above average for the region) you have zero chance of winning a national Miss contest in Asia, let alone one run by Western organizations, however hard they try to appear inclusive," it said.

Feminist and artist Nikki Luna was more blunt in her disapproval of pageants.

“I don’t support beauty pageants but definitely I don’t have anything against the women who join these,” she told Rappler.

“There’s nothing empowering about beauty when beauty is defined only in standards that are structured by society. A patriarchal society. Such as thinness. Perkiness. Youthfulness. Being ageless.”

“In beauty pageants, it’s really more a display of the flesh. It’s the measurements. It’s the height. You cannot enter a beauty pageant if you’re short, if you’re a mother, if you’re pregnant. There are a lot of single mothers. You have to be certain things to be that kind of woman.” 

Are these arguments enough to deter Filipinos from joining and watching beauty pageants?

Roces said the Philippines’ obsession with pageants is so culturally entrenched, making it hard for FIlipinos to simply leave it altogether – and to realize how it hinders women’s empowerment. Beauty, she said, is tightly linked to the image of the ideal woman in the Philippines, more so than the West. 

Beauty is so well rewarded in the Philippines, that beautiful women – and beauty queens – enjoy fame and power. She said in the West or in other countries, beauty queens are not able to translate their beauty titles into power – unlike here, where former beauty queens have gone on to become influential actresses and politicians, among others.

“People get prestige from having a beauty title. And every Filipina wants to be beautiful because it means she's virtuous and she's powerful," she said.

“What makes the Philippines unique, let's say with the West, is there's a connection between beauty and power. Only for the female. Not for the men. For the men, it's virility and power that's connected."

This overemphasis on physical attributes for women but not for men further promotes unequal treatment and perception between genders.

Roces said that the only way pageants would be less popular in the Philippines, is if Filipinos internalized gender inequality, and became determined to resist it. 

“[Beauty pageants] are definitely a challenge for feminists,” she said. “We need to give women a feminist consciousness. It shouldn't only be about beauty....to expand the definition of women to be more than just beautiful, I think that's what feminists need to do.”

As the night starts to wind down at the Philippine International Convention Center, special awards are handed out to some of the women.

Best in swimsuit. Best in evening gown. Best in talent.

Kristel wins nothing.

She is hard to see from the audience, relegated to the last row, all the way in the back, where the stage lights barely reach her.

She claps graciously and keeps a smile on, as the prizes are awarded. 

And then, the announcement of the top 15. The crowd favorites are expectedly called. They walk towards the front of the stage. Soon, there are only 3 spots left.

Kristel does not make the cut.

She and the bottom 14 are ushered off the stage, while the remaining 15 wave to the crowd.

After the contest, she tells Rappler she is ready to go home and rest. She is feeling sick, she says, her health taking a toll from the back-to-back appearances and training in the days leading up to the contest. This, plus the whirlwind of emotions.

Asked how she felt about her early elimination, Kristel says she tried not to expect too much to save herself from dissapointment – before conceding she couldn't help but feel upset.

"Well I just, maybe I just cried a little bit earlier because I saw my mom. My mom is sick. But then when I didn't get to the Top 15 I told her to go home so she could rest," she says.

Kristel says she may return to compete again – while she still fits the standards of beauty set by the organizers. And society.

"Yeah, why not," she says. "I'm not getting any younger though, I'm 23. I think the limit is just until 25." – Rappler.com 

To be concluded

*$1 = P50.9

AT A GLANCE

• From Part 1: Feminists say the country's obsession with beauty pageants is harmful to women, because they encourage women to measure their worth by their physical attributes
• Defenders say pageants are a platform for women to do good and promote an advocacy, and that the technicalities of walking and answering Q&A are hard-earned skills
• Pageants are not likely to disappear, anytime soon

CONCLUSION

READ Part 1: The Philippines' beauty pageant obsession: Who benefits? 

MANILA, Philippines – On the 2nd floor of a decrepit building in Mandaluyong City, inside a small and modest dance studio, Bruno Mars’ Versace on the Floor is blaring.

But there is no dancing.

One young woman sits on a chair as a hairdresser curls her tresses. Another steps into a long gown. Still another is preoccupied with retouching her make-up, pursing her lips as she applies a layer of color.

There are less than 10 of them in the room, all in high heels, smoothing their dresses, running their fingers through their hair, making sure they look picture perfect.

The women wait for their turn at the back of the room. For now, it is Laura Lehmann’s turn.

Lehmann, 23, stands 5 feet 7 inches tall. She puts her chin up and walks slowly, deliberately down the center of the room, her long straight hair down her back. She wears a big smile on her face – even if it’s the 6th time she has had to do the same thing.

Head trainer Jonas Gaffud watches her intently, his sharp eyes boring into hers, as he stands in a corner of the room scrutinizing Lehmann’s every step, every movement, every sway of the arm.

He furrows his brows and frowns. He stops her midway.

“You look so dead,” he barks at her. “Again!”

Lehmann says nothing. She nods, gathers her gown, and walks back towards the starting spot.

Again, she puts her chin up and walks slowly, deliberately down the center of the room.

Again, she wears a big smile – even if she has spent her whole Sunday here including a morning practicing her Q&A as she has for the past few months, and even if Bruno Mars is playing on loop over and over throughout walking practice.

For a chance to win the Miss World Philippines crown, she practices her walk. Again.

Before joining pageants, Lehmann wanted to become a doctor.

She was studying neuroscience psychology with a minor in Spanish, through a scholarship at a university in Los Angeles.

But all that changed in 2014, when over Christmas break, a family friend suggested she join the country’s biggest pageant, Binibining Pilipinas.

“I was kind of skeptical at first but then after a while, I think to me, I took it as an opportunity to also come back home,” she told Rappler. “So that’s why I joined.”

Lehmann was 1st runner up, even with no prior experience. Although it of course helped that she is of mixed blood, tall, model-thin, and fair-skinned, with long, straight hair.

Despite not taking home the top prize, her high finish opened up doors for the university student – as beauty pageants do in the Philippines. She became a courtside reporter for a university sports league, and later, a television travel host. 

She herself realizes that her path changed from medicine to what it is now, a transition triggered by her first pageant.

In 2017, she decided to return to competition, this time for Miss World Philippines, attracted by the pageant’s "beauty with a purpose" focus.

Lehmann, a former athlete and consistent honor student, is not oblivious to the criticism of beauty pageants. 

{source}

<div class="blob-left">
<blockquote>
<h4>"When you don’t know a lot about pageants, a lot of people think it’s just the objectification of women... <i>puro ganda lang</i> (it's all physical)"</h4>
<p class="caption">- Laura Lehmann, Miss World Philippines 2017</caption>
</blockquote>
</div>

{/source}

Feminists argue pageants have no place in today's world, since judging women solely by their faces and bodies is outdated and objectifies them. It teaches women that their worth is measured by their looks, they say, and reiterates the wrong idea that women must be beautiful to earn status and power. 

“I think to be honest I was victim to the stereotype as well," Lehmann said. "When you don’t know a lot about pageants, a lot of people think it’s just the objectification of women, it’s all about beauty and parading your looks and puro ganda lang (it's all physical)."

“But what’s nice about it, when I entered the world of pageants, I saw what it was really like. It’s really a technique. People really put their hearts into it. You have mentors who teach us how to walk well. How to speak well. How to dress appropriately. And how to prepare yourself for pageants.”

She said that staying calm under pressure – like thinking of an eloquent answer on the spot, or keeping composure in front of tens of thousands of people in a live audience – requires practice and confidence. It isn't an easy task.

Even the swimsuit competition, condemned by feminists as merely a display of their bodies, can be a form of empowerment, according to Lehmann.

“I can see why people condemn it because you’re showing off your figure, and if you’re blessed with a better figure you obviously have an advantage over other women,” she said.

“But at the same time I like it because I think it’s also a parade of being fit. It kind of celebrates your fitness because to prepare for a swimsuit competition it’s not just about having a blessed body, it’s also about going to the gym every day, and not eating that piece of chocolate cake that you would’ve wanted to eat. So I think it’s about discipline and that’s what I like about it.”

How about young Filipinas, who see the unrealistic standards set by beauty queens as the ideal aspiration? Is this not damaging to them?

“It’s more of teaching women to be confident in themselves, and to have a mind, have a voice, to be confident to speak out what they really have to say,” she said.

Lehmann doesn’t crack from the constant barrage of questions about pageantry and its harmful effects on women – insisting the two are not mutually exclusive.

It turns out to be good practice.

A few weeks later, she won Miss World Philippines after answering the question, “There are people who do not believe that pageants are there to empower women, what would you say to them?”

Her response was consistent.

“To anyone who doesn't believe in pageants, I would ask them to take a look at the girls we have on stage tonight, because we had lawyers, we had architects, we have women of substance who were here today not only because of what they look like but because of what's in their heart, what's in their mind and because they have brought forth beauty with a purpose projects.”

“They're here fighting to represent the Philippines and become the best version of a Filipina and to me that is only something to celebrate not protest.”

In Gaffud’s Makati office, guests are ushered through a hallway, one wall lined with shelves and shelves of black and white portraits.

The photos are of stunning men and women, mostly models, some beauty queens – all of whom he had taken under his wing either through his modeling agency Mercator, or through Aces and Queens, his pro bono pageant training camp.

Gaffud knows the ins and outs of beauty pageants: the hair, the make-up, the gown, the walk. He trained his first queen 17 years ago, when he was just fresh out of college.

Today, he is a sought-after expert, even publishing a book for aspiring beauty queens.

Almost two decades later, he has produced a slew of international beauty queens, most recently Miss International 2016 Kylie Verzosa, Miss Universe 2015 Pia Wurtzbach, and Miss World 2013 Megan Young – making Aces and Queens the first training camp to produce winners in each of the Big 3, known as the most prestigious pageants.

He is also frank about the reality of pageants: only few are worthy.

“In the world of beauty pageants, you have to be physically beautiful,” he said.

{source}

<div class="blob-left">
<blockquote>
<h4>"At the end of the day, we talk to the [girls] one on one and we tell them that when they win, they should use that crown to do something for humanity. That’s cliché... for some people. But it’s real. We do that."</h4>
<p class="caption">- Jonas Gaffud</caption>
</blockquote>
</div>

{/source}

Beauty can be “subjective” and different cultures may have different preferences, he said, “but somehow, there are standards that you have a nice face. Like a nice smile or a nice nose or nice eyes, or the way you fix your hair.”

But even this is not enough.

“You know, there are a lot of beautiful people who join beauty pageants. But what’s important is the aura,” he said. “That’s the aura that comes from the inside. It radiates. It shines. If modeling has the X factor, it’s aura for the beauty queens.”

Standards are admittedly high but Gaffud does not think this is harmful to women – because he believes the positive impact of pageants is greater than their being detrimental.

To Gaffud, this is why he does what he does: he helps women make it to the top, so they can effect change. He chooses women who, aside from their looks, can influence people. 

“I don’t think it’s harmful,” he said. “At the end of the day, we talk to the [girls] one on one and we tell them that when they win, they should use that crown to do something for humanity. That’s cliché, huh, for some people. But it’s real. We do that.”

He cited examples: Pia Wurtzbach has continued her HIV advocacy beyond her Miss Universe reign. Zorayda Andam, the first girl he ever trained, is a lawyer. Venus Raj, Miss Universe 2010, holds a master’s degree in community development.

He said these women prove that the beauty queens who win, are inspiring beyond just their looks.

“The impact of beauty queens, no matter how small or big you are, is you become a symbol of hope. You become that person that people look up to. Even in the province, everyone will watch Miss Barangay, Miss Town Fiesta,” said Gaffud.

“People don’t know the hard work they put into it, how they get ridiculed, how I feel bad for them. But at the end of the day, you get a crown, you win, and suddenly you’re a beacon of hope for everyone. So that’s the impact.”

Again, Wurtzbach was raised as a poster child – the beauty queen who tried 3 times until she finally won Miss Universe Philippines, and eventually, Miss Universe.

To Gaffud, training these women is his way of giving back to the country, knowing that a win in international pageants lifts the spirits of Filipinos, and opens up doors for Filipina women to promote advocacies.

Like Wurtzbach who has since become a UNAIDS Goodwill Ambassador. Or Young, who was recently introduced as one of the ambassadors of Smile Train, the world’s largest cleft charity. 

This is why he does it without asking for anything in return – except perhaps an end to the trolling of the trainers and the contestants, and the bickering with fans from other countries. 

As for those who think beauty pageants are sexist spectacles?

“Don’t watch. I find boxing very bloody and I don’t watch."

Lehmann landed in the Top 40 of Miss World 2017 but didn't win the crown.

Impassioned Filipino fans cried foul, flooding Twitter with accusations of Miss World’s perceived bias, even directly tweeting the pageant organizer to air their grievances and threatening to boycott the contest.

But in her Instagram post upon her return to the Philippines, Lehmann – who was among those who won Miss World’s Beauty with a Purpose challenge for her advocacy to create a milk bank for a pediatric ward at a Manila hospital – reminded followers to stop the bickering, saying that the advocacy element was “really the reason I chose to join Miss World.”

Dr Mina Roces, a historian at the University of New South Wales, discussed with Rappler the harmful effects of beauty pageants in Part 1. She said that the power that women receive after pageants is hard to deny.

This power and status, she said, when used for good, is perhaps one way to justify pageantry.

“As a feminist, I would say that anything that gives women power, I think, we should rethink. And not dismiss,” she said, especially in a male-dominated world.

She also pointed out that beauty pageants in the Philippines cut across classes so that women from the provinces, or the poor, can gain power that is normally hard to attain.

But still, these benefits and opportunities are open only to a few: those who fit the standards of beauty dictated by a patriarchal society. And does it not teach young women to aspire for the wrong things, if being a beauty queen is their perceived way out of poverty?

Roces admitted this was one of her concerns about pageantry: the overemphasis on physical beauty could mean women focus their efforts on looking good “rather than reading books or being involved in some sort of hobby that you can succeed in or having other interests outside from developing the physical side of you.”

It is clear that beauty pageants are not disappearing anywhere, anytime soon – especially in the Philippines. They will, for a long time, continue to serve as entertainment and inspiration to many Filipinos, as Roces emphasized in Part 1.

While it may take generations to change Filipinos' culturally embedded fixation with beauty, however, pageant advocates argue that beauty contests – aware of the criticisms – are themselves progressing.

"Pageants are evolving and it is no longer just about the looks and the body," said Ric Galvez, founder of leading pageant website Missosology, which started almost 20 years ago in 1999. "It is now more about attitude and intellect."

"Beauty with a purpose is the byword in pageantry nowadays."

Recent pageant results may prove him right.

Sophia Senoron, 17  – whose advocacy is to train student leaders – was a surprise winner at Miss World Philippines in 2017 when she took home the Miss Multinational Philippines crown. 

"Possibly the biggest surprise of the night came in a small package," wrote pageant analyst and Rappler contributor Voltaire Tayag.

"There was never any doubt on Sophia’s ability to speak with substance and maturity beyond her age. But she is only 5’4”, which is very short by pageant standards. In fact, her height won’t even qualify her to apply in other national pageants."

Tayag then called her pageant journey "an amazing story of perseverance and determination."

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"She was the very definition of the underdog who overcame the odds to win. In my previous interview with Sophia, she said that she became an independent candidate because she wanted to prove that women do not need to be 'trained' or 'made to become a beauty queen.' In fact, she was very candid in saying that she cut ties with her former handler because he did not believe she could win a crown."

Fittingly, Seronon during her Q&A, was asked what advice she would give a 7-year-old girl who dreams of becoming a beauty queen.

With confidence, Seronon answered, "I think at a young age, we start our aspirations of what we want to be in life. That’s something I’ve experienced being 17 years old and making it this far. I would tell the 7-year-old not to make the pageant her goal but to make what she wants to do with the pageant her destination."

"I'm talking about wanting to be able to help the world and show the world – [what] our country can and should be, or what our country can do for other people and for our future as well. And I think that's a goal that all beauty queens should have." 

Indeed, for now, pageants are stepping stones for women to be influential, powerful, and to have a voice. But perhaps what our country should be, is one where 7-year-olds believe they can wield power and be heard, even without a crown. – Rappler.com

MANILA, Philippines – The Philippine National Police (PNP) recently released new guidelines for its most popular and most controversial project under President Rodrigo Duterte: Oplan Tokhang.

Some 18 months, 8.8 million home visits, and almost 4,000 deaths in drug operations later, PNP chief Ronald dela Rosa signed the Supplemental Guidelines for Oplan Tokhang, which detailed, step-by-step, how the project should be done for a "bloodless" war on drugs.

The memorandum reads like an instruction manual, leaving no space for possible abuse. It divides the project into 3 phases: Pre-Tokhang, During Tokhang, and Post-Tokhang.

We break down the instructions for the "new" Oplan Tokhang into 7 steps. Will the shift be enough to stop the blood from flowing?

Pre-Tokhang

1. Creation, updating of the drug watchlist

The drug watchlist is the bible of Oplan Tokhang. Without it, cops cannot operate, as they can only conduct Tokhang against people on the list.

Before, the list had been modified haphazardly. Names were added by local police and officials themselves.

Under the new rules, only names validated by the PNP's Directorate for Intelligence (DI) can be added to the list. Names not validated should be queued for further validation.

2. Creation and training of Tokhang teams

Not just anyone can conduct Tokhang anymore.

All police stations and precincts should have select people taking part in the operations, each vouched for by the local police chief.

Each team must have at least 4 cops, led by a commissioned police official – those ranked police inspector and up.

Outside the uniformed circle, cops are required to bring with them at least one member of the local anti-drug abuse council (ADAC), which is comprised mostly of local government officials.

A PNP Human Rights Affairs Office (HRAO) representative or a civilian human rights advocate should also be included in the squad, reminding members of suspects' basic rights.

Once completed, the group will undergo a one-day orientation with "practical exercises or role-playing" for them to remember the rules.

After completing the session, they will be recognized as their community's official Tokhang team, or as the guidelines call them, "Tokhangers."

The local police chief is tasked to let the Philippine Drug Enforcement Agency (PDEA), the media, and the community know who their Tokhangers are.

3. Pre-deployment preparations

Each Tokhang team is required to name a team leader who will gather all members before every operation.

The team is required to meet with the station commander for a "pre-deployment briefing." During the briefing, the team is expected to discuss which homes they will go to.

The team leader must plan with the station and precinct commanders when to conduct operations as they are only allowed to operate from 8 am to 5 pm from Mondays to Fridays.

In instances that the operation would start before 5 pm (for example, 4:30 pm), but would be expected to end past 5 pm, PNP spokesman Chief Superintendent Dionardo Carlos advised that it should just be postponed to the next day. The general rule is Tokhangers shouldn't be out before 8 am and after 5 pm.

Police should also remember to wear their uniforms before setting off.

During Tokhang

4. Knock then plead

This is the main component of Oplan Tokhang – knocking on drug suspects' homes then asking them to surrender.

After knocking, a Tokhang team cannot enter a house without the owner's permission.

For houses without gates, the team should knock then plead for drug suspects to surrender "in front of the door." For houses with fences, the team should knock and plead "in front of the gate."

Cops can only talk to the person whose name is on the list, and they must not require the person to sign "any document."

These encounters are "encouraged" to be recorded with body cameras once the gadgets are available. Dela Rosa vowed to require this once all stations have at least one camera.

5. Documentation and referrals

The operation can only go two ways for the drug suspects: either they surrender or they don't.

If the person expresses "intent to surrender," the Tokhangers should refer him or her to the nearest barangay hall, ADAC office, or police station for documentation. The drug suspect should be accompanied by a relative or guardian to witness the procedure.

Once brought to any of those venues, the drug suspect will be asked to fill up a Biographical Profile Form (BPF). But the giving of information should be "voluntary," and a suspect should not be forced to fill up forms like the BPF or to have his or her photo taken.

If a drug suspect expresses intent to get rehabilitation, Tokhangers should refer him or her to the local government unit or to any concerned agency like the Department of Health (DOH) or the Department of Social Welfare and Development (DSWD).

If a suspect refuses to surrender, Tokhang teams are tasked to alert local drug enforcement units, who will then begin a case buildup that may lead to another anti-drug operation.

The Tokhangers need to be updated with the status of recovery of suspects in their area of responsibility.

Post-Tokhang

6. After Activity Report, evaluation

Following the operation, an After Activity Report (AAR) must be submitted to regional police higher-ups for consolidation.

Before they call it a day, Tokhang teams also need to assess their performance, then share "best practices" from the field. These sharing sessions will be documented for future reference.

7. Accountability

If any of the procedures are not followed, Tokhangers and their station commanders, and possibly even regional police chiefs, would be punished.

The new guidelines emphasize command responsibility – the idea that the fault of subordinates can be traced to the negligence of their leader.

The new rules set up a "one strike policy" to weed out negligent police bosses:

• Precinct and station commanders will be sacked if at least one Tokhang team member fails to follow the new guidelines properly.
• City or municipal chiefs of police (COPs) will be sacked if at least two precinct or station commanders under him or her fail to follow the new guidelines properly.
• Provincial directors (PDs) will be sacked if at least two COPs are sacked due to negligence.
• Regional directors will be sacked if at least two PDs or city COPs get sacked due to "Tokhang-related issues."

According to the PNP, residents who spot cops violating any of these guidelines should immediately report the cops to police stations where they belong to, or to local government officials. – Rappler.com

MANILA, Philippines – In a blow to press freedom, the Securities and Exchange Commission (SEC) on January 11 revoked Rappler's license for allegedly violating the Constitution and the Anti-Dummy Law. 

The decision, which the SEC published on its website on January 15, was the first of its kind for the SEC and Philippine media. (READ: FAQ: Rappler's SEC case)

In a statement, Rappler said, "What this means for you, and for us, is that the Commission is ordering us to close shop, to cease telling you stories, to stop speaking truth to power, and to let go of everything that we have built – and created – with you since 2012." (READ: Stand with Rappler, defend press freedom)

Here's a rundown of events surrounding Rappler's case.

December 2016

The SEC on December 22, 2016, receives a letter from Office of the Solicitor General dated December 14, 2016, asking the SEC to investigate Rappler over its Philippine Depositary Receipts (PDRs). 

A PDR is a financial instrument that allows foreigners to invest in a Filipino company, without owning any part of it. This is consistent with the 1987 Constitution, which states that mass media in the Philippines should be wholly owned by Filipinos.

Rappler is not furnished a copy of the letter from the Office of the Solicitor General We were formally notified of why the investigation began when we received the decision. 

February 2017

Rappler appears before the SEC on February 28, 2017, in response to a notice of conference from the SEC's Company Registration and Monitoring Department.  

July 2017

The SEC creates a special panel on July 8, 2017, to conduct a formal, in-depth examination into Rappler Inc and its parent company, Rappler Holdings Corporation. The panel is tasked to review possible violations of nationality restrictions on ownership and control of mass media entities. 

Days later, in his second State of the Nation Address (SONA) on July 24, 2017, President Rodrigo Duterte claims Rappler is "fully owned by Americans," and warns the media outlet that this violates the 1987 Constitution.  

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Rappler debunks these allegations, and states it is 100% Filipino-owned. (READ: Debunking lies about Rappler) 

August 2017

Rappler receives on August 1, 2017, a show cause order from the SEC panel directing it to file a sworn statement within 15 days. 

On August 17, 2017, Rappler files a request for extension, which the SEC grants on August 23, 2017.

A few days later, on August 29, 2017, Rappler files its verified explanation.

September 2017

The SEC's special panel on September 27, 2017, orders Rappler to submit documents including a true copy of the North Base Media (NBM) PDRs, as well as the incorporation documents of ON, NBM Rappler Inc, and NBM. 

October 2017

Rappler files requested documents on October 12, 2017.

January 15, 2018

After just 5 months of review, the SEC publishes on its website its decision dated January 11, 2018, to void Rappler's ON PDR and revoke its license to operate for allegedly violating the Constitution and the Anti-Dummy Law.

It also forwards its decision to the Department of Justice (DOJ) for appropriate investigation. 

In a statement, the company urges its readers and viewers to defend press freedom.  

In response, Malacañang says it respects the SEC decision and adds the issue at hand is about compliance with the Constitution, not freedom of the press. 

Journalists, human rights advocates,lawmakers, and netizenscondemn the SEC's decision to revoke Rappler's license.  

January 16, 2018

A day later, Solicitor General Jose Calida says the DOJ will now look into Rappler's criminal liability for allegedly violating the Anti-Dummy Law.  

In the meantime, SEC Spokesperson Arman Pan says Rappler can still continue its operations while its decision is not yet "final and executory." Pan adds the company can exhaust all legal remedies and can appeal to the Court of Appeals (CA) within 15 days.  

Meanwhile, Presidential Spokesperson Harry Roque, in an interview on ANC's Headstart, says Duterte denies any hand in the SEC decision, and adds Rappler can still cover Malacañang. 

Malacañang also says the DOJ now has "legal basis" to file charges against Rappler. 

Reacting to the issue, Vice President Leni Robredo says the public should be "concerned" over efforts to curtail press freedom. 

Later on, Duterte calls Rappler a "fake news outlet," as he rants on the sidelines of an event about an article published on his aide, Special Assistant to the President Christopher "Bong" Go. 

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In response, Rappler says, "The President knows who produces fake news in the Philippines, and it certainly is not Rappler. He doesn't have to look far from where he sits in Malacañang."

Meanwhile, Parliamentarians from the Association of Southeast Asian Nations, activists, and campus journalists continue to hit the SEC's order. 

January 17, 2018

A few days after the SEC published its decision, Justice Secretary Vitaliano Aguirre II orders the National Bureau of Investigation (NBI) to conduct a case build up against Rappler for "possible violation of the Constitution and laws."

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Rappler slams the NBI's probe as a "fishing expedition," adding the move is pure and simple harassment. 

Rappler lawyer Francis Lim also says the SEC's decision regarding an allegedly unconstitutional PDR is "too severe."

The SEC, however, says its stands firm in its decision to strip Rappler of its license to operate.  

In a press conference, Roque changes tune and suggests that Rappler can apply for blogger accreditation if it loses its license. 

One of Rappler's PDR investors, Marcus Brauchli of North Base Media, hits former journalist Roberto Tiglao and questions the SEC's ruling.

In addition to this, iternational media outlets, such as the New York Times (NYT), condemn the SEC's order. 

January 18, 2018

The NBI sends subpoenas to Rappler CEO Maria Ressa and former Rappler reporter Reynaldo Santos Jr over a complaint for violation of the cybercrime law. Businessman Benjamin Bitanga – incorporator of Dolphin Fire, which is a shareholder in Rappler Holdings – is also sent a subpoena.

The complaint, which was filed by businessman Wilfredo Keng, is in relation to a story published in 2012. The 2012 Rappler report said Keng allegedly lent his SUV to the late former chief justice Renato Corona.  

Ressa says the timing of the cyber libel complaint "is suspicious."

"It's a 2012 article, and again what we were told is this is coincidental, but too much of a coincidence creates a pattern," the Rappler CEO says.

Meanwhile, Aguirre says the DOJ will also look into "other laws" violated by Rappler, adding that investigations will not be limited to corporate foreign control and possible violation of the Anti-Dummy Law.  

January 19, 2018

In response to speculation that the Commission will look into other media outlets, the SEC says it will not review the PDRs of listed media firms ABS-CBN and GMA-7, as these were offered to the public. 

In response to criticism on its issued subpoenas, the NBI says Rappler could still be liable for cybercrime even if the law is not retroactive. 

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Later that evening, journalists and bloggers join the #BlackFridayForPressFreedom gathering at the Boy Scout Circle, the roundabout at Timog and Tomas Morato intersection in Quezon City, to defend press freedom.  

January 22, 2018

Ressa appears before the NBI for an initial hearing over a subpoena the department issued over a complaint on cyber libel. 

An international law group, The International Commission of Jurists, expresses concern over the possible impact of the SEC's decision on Rappler, warning the move "constitutes a significant restriction on freedom of expression."

January 25, 2018

The Philippine government, in a letter to the editor published on January 24 from Philippine Ambassador to the US Jose Manuel "Babe" Romualdez, criticizes the NYT for publishing an editorial on the SEC's ruling. 

January 26, 2018

United Nations special rapporteur Agnes Callamard along with two other experts slam moves to shut down Rappler. In a joint statement, the UN rapporteurs say, "We are especially concerned that this move against Rappler comes at a time of rising rhetoric against independent voices in the country." – Rappler.com

It was during a briefing about restive Mayon Volcano when President Rodrigo Duterte addressed another unstable situation: the infighting among officials of the Philippine Charity Sweepstakes Office (PCSO). 

In the middle of the briefing on security and the status of Albay evacuees, Duterte told PCSO board member Sandra Cam to “stop fighting” PCSO general manager Alexander Balutan.

“Sandra, kaibiganin mo na ‘yan si Balutan. Huwag mo na awayin (Be friends with Balutan. Don’t fight him),” said the President.

Cam was present at the briefing to turn over P5 million in financial assistance to Albay from PCSO.

The President wanted PCSO to give even more financial assistance for Albay. For this to happen, he said, Cam must work with Balutan. If she can’t stand the guy, Duterte suggested she just coordinate with new PCSO chairman Anselmo Pinili, a retired general like Balutan.

“Tawagan mo lang si – huwag mo siya tingnan sabihin mo lang…Si General Pinili na lang,” said Duterte. (Just call – just don’t look at him – Or just talk to General Pinili.)

While Duterte reminded everyone in the room that he chose retired generals to lead civilian government agencies because he admired their sense of discipline and work ethic, he balked from Cam’s handing him a giant check to give to the Albay government. 

The use of such props, he said, is not his style as it comes across as overtly political.

“Do not do it in my time. Nako-cornihan ako diyan. Namulitika diyan, pera naman nila ‘yan, pera ni Balutan,” said Duterte. (I find it corny. You’re politicizing something, but the money comes from them, it’s money from Balutan.)

Malacañang protocol staff who brought the giant check, as well as Cam, could be seen smiling sheepishly after they were turned away. 

The rift between Balutan, former PCSO chairman Jose Jorge Corpuz, and Cam came to the fore after Cam publicized the multi-million-peso price tag of the PCSO Christmas Party which outraged netizens.

Balutan and Corpuz had differed in opinion from Cam and her friend, gaming tycoon Atong Ang, about who should be handling the government’s small town lottery operations. – Rappler.com

MANILA, Philippines – After Malacañang issued a 90-day suspension order against him, Overall Deputy Ombudsman Melchor Arthur Carandang can now go to the Supreme Court and challenge it.

Carandang may challenge it on the ground that a 2014 SC ruling declared unconstitutional the power of the President to discipline or remove the Ombudsman or her deputies.

Retired Supreme Court justice Vicente Mendoza said that it is Carandang, as the aggrieved party, who can go to the Supreme Court and not Malacañang as earlier implied by Presidential Spokesperson Harry Roque.

"OP (Office of the President) wants to revisit that ruling...OP [is] confident it can reverse anew," Roque said on Monday.

“It will have to be Carandang (who files a case), because he’s the one suspended,” Mendoza said in a phone interview with Rappler.

Carandang may even apply for a Temporary Restraining Order (TRO) at this point.

"My office is ready to defend the action of the Office of the President in suspending Carandang. We are confident that the Supreme Court will reverse its 2014 ruling," Solicitor General Jose Calida said on Tuesday, January 30.

Carandang was suspended for alleged illegal disclosure of bank details of President Rodrigo Duterte and the first family. Carandang leads the Ombudsman’s investigation into Duterte’s alleged ill-gotten wealth.

Reverse?

Can the SC reverse its ruling?

Integrated Bar of the Philippines (IBP) national president Abdiel Dan Fajardo believes that it can't.

For Fajardo, the doctrine of stare decisis applies. It is a Latin phrase that means to "stand by decided matters."

“Article VIII of the Constitution doesn’t even grant SC the power to be an appellate court of its own decision. SC decision when final becomes part of the law of the land per civil code. So being law already, SC may not usurp legislative power by simply reversing it,” Fajardo said.

Though he personally believes the 2014 ruling is correct, Mendoza said the High Court can always reconsider.

Mendoza said, however, that it is wrong to brand it as a reversal.

“You do not reverse because the SC is the last of a hierarchy, there’s no other place to appeal but the SC. If the decision is already final, you cannot ask to reverse it,” Mendoza.

Mendoza added: "In another case, and the same question is raised, the party in the second case can ask SC to reconsider its ruling."

In the event that the SC decides to put it to a vote, there's a lot of uncertainty for Carandang.

The vote in 2014 was 8–7. Of the 8 votes, only Associate Justices Presbitero Velasco and Teresita Leonardo de Castro are sitting justices.

Of the 7 dissenting votes, 6 remain at the SC.

Who can discipline the deputy ombudsman?

The main question is: if not the President, then who can discipline the Deputy Ombudsmen?

“To me, the one who can discipline them is the Ombudsman, not the President,” Mendoza said.

Mendoza said he personally believes that the 2014 SC ruling is correct in that “the Office of the Ombudsman is an independent agency.”

Calida, citing the dissenting opinion then of Senior Associate Justice Antonio Carpio, said that "the independence of the Office of the Ombudsman is not the same as the independence provided to other governmental bodies such as the Judiciary."

'Turf war'

Fajardo said that if and when Ombudsman Conchita Carpio Morales refuses to enforce the suspension order, then Malacañang can go to the Supreme Court.

“If Ombudsman defies it and allows Carandang to continue working on the ground that the order is patently illegal, (Malacañang) might have to seek SC writ to enforce it,” Fajardo said.

Another recourse is to file administrative cases against Malacañang officials for enforcing an unconstitutional provision. But that would have to be filed before the Office of the Ombudsman, because they exercise jurisdiction over public officials.

"Then it becomes a turf war," Fajardo said.

ACT-Teachers Partylist Representative Antonio Tinio said that Malacañang demonstrated "an utter contempt for the Judiciary and the rule of law that the President is mandated to uphold."

Aside from administrative cases, can an ethics or a disbarment complaint be filed against, for example, Executive Secretary Salvador Medialdea for issuing the suspension order?

"I'll leave that to the lawyers. But we all know that he's merely acting for and in behalf of the President," Tinio said.

Fajardo declined to comment because ethical cases against lawyers are processed by the IBP.

Asked whether it can lead to a constitutional crisis, Fajardo said: "Not really because the SC ruling was clear. Ombudsman argued that Executive Secretary Salvador Medialdea (who issued the order) was wrong in entertaining the complaint when he had no jurisdiction." – Rappler.com

MANILA, Philippines – President Rodrigo Duterte wants to get rid of public bidding in implementing big-ticket projects, and instead apply a Swiss challenge, to help eliminate corruption in government.

But under the country's build-operate-transfer (BOT) and procurement laws, not all projects can be implemented via Swiss challenge – the course the government takes when dealing with unsolicited proposals. This is when the government invites private groups to make competing offers, while giving the original proponent the right to match them.

"Swiss challenge is allowed under the BOT Law, in the case of an unsolicited proposal. It is, however, not allowed under the Government Procurement Act," Rene Santiago, a transportation expert and president of Bellwether Advisory Services, told Rappler in an e-mail correspondence.

According to Republic Act 7718, or the Philippine BOT Law and its implementing rules and regulations, infrastructure projects listed as "priority" by the government "shall not be accepted or eligible as an unsolicited proposal unless it involves a new concept or technology."

The law also says that all unsolicited proposals shall have "no direct government guarantee, subsidy or equity." (READ: A long, winding road for better Metro Manila transport)

Priority projects 'not eligible'

Back in June 2017, the National Economic and Development Authority (NEDA) Board, chaired by Duterte, identified 75 high-impact priority projects, including railways, bridges, airports, terminals, and bus rapid transits (BRTs).

Some of these are the Metro Rail Transit (MRT)-Light Rail Transit (LRT) Common Station Project, Mindanao Railway Project, New Centennial Water Source-Kaliwa Dam Project, as well as the Clark International Airport New Terminal Building deal.

Metro Manila BRT, New Bohol Airport, Philippine National Railway (PNR) North South Commuter Rail, and Mega Manila Subway deals are also listed as "high-impact infrastructure flagship projects" of the government.

Under the BOT Law, these big-ticket infrastructure deals cannot be treated as unsolicited proposals and subjected to Swiss challenge, unless they involve a new concept or technology.

National projects that are part of a government agency's development program and which cost up to P300 million need the approval of the NEDA-Investment Coordination Committee (ICC), while those amounting to over P300 million need the NEDA Board's green light upon the recommendation of NEDA-ICC, says the BOT Law.

Upon recommendation by the NEDA-ICC, regardless of amount, negotiated national projects will need the NEDA Board for approval to push through with construction.

Meanwhile, unsolicited proposals, or projects that are offered by the private sector, can only move forward if financial, technical, and legal requirements are met by the original proponent.

Once the requirements are met, the government can push through with a Swiss challenge, inviting other parties to submit rival bids to top that of the original proposal.

Under the BOT Law, solicited proposals usually take 20 months and 21 days from project preparation to implementation; while unsolicited projects take 11 months and 5 days on average.

'Not necessarily' faster

But for Santiago, "all unsolicited projects in the Philippines incurred long delays."

Some of the unsolicited proposals approved by past administrations were the North Luzon Expressway (NLEX)-South Luzon Expressway (SLEX) Connector Road of the group of Metro Pacific Investments Corporation; the Metro Rail Transit Line 7 (MRT7) of San Miguel Corporation (SMC), and the Ninoy Aquino International Airport (NAIA) Terminal 3 by the Philippine International Air Terminals Company Incorporated (Piatco).

For instance, Metro Pacific submitted a formal proposal to the government to build NLEX-SLEX Connector Road in 2012. The government took them about 3 years to decide on it.

It was just in December 2015 when the former NEDA Board authorized the Department of Public Works and Highways (DPWH) to subject Metro Pacific's proposal to a Swiss challenge. (READ: Metro Pacific unit to borrow P36 billion for 2 new toll roads)

The Metro Pacific group targets starting the construction of the P23.3-billion connector road deal only in the 1st quarter of 2018, as indicated in the DPWH official website.

In the case of MRT7, it took over 7 years for SMC-backed Universal LRT Corporation Limited to start construction after bagging the deal in 2008. This was due to delays in financial closure and a change in the terms of the deal, which included the location of the proposed common station on EDSA.

MRT7 involves the construction of a 22.8-kilometer rail-transit system that will operate 108 rail cars in a 3-car train configuration, with a daily passenger capacity ranging from 448,000 to 850,000.

Back in 1997, the administration of former president Fidel Ramos awarded the NAIA Terminal 3 contract to the group of Piatco and German firm Fraport.

Former president Gloria Macapagal-Arroyo, however, declared it null and void in 2002 because of alleged irregularities.

The opening of the terminal dragged on for years after the Philippine government and Piatco engaged in a legal battle over the airport terminal project.

Presidential Spokesperson Harry Roque, meanwhile, defended the position of the President in getting rid of public bidding in "big-ticket" projects, saying his experience as a mayor for almost 3 decades made him realize that there is no "honest-to-goodness" bidding.

"Let's just say the President has had it with continuous corruption in government contracts," Roque said in a press briefing televised from Iloilo City on Sunday. The Government Procurement Act, however, is clear about what isn't allowed. – Rappler.com

While her role in government and her controversial blog came into question during a Senate hearing on fake news, Presidential Communications Assistant Secretary Mocha Uson was in Milan, Italy, with Foreign Secretary Alan Peter Cayetano.

Cayetano was in Milan for the January 27-28 command conference of over 30 Philippine ambassadors to countries in Europe, Africa, and the Middle East.

Uson's Facebook blog showed she attended the meeting as well and met with some overseas Filipino workers based in the Italian city. She posted videos of her walking through Milan's top tourist spots.

In a gathering with the Milan-based Filipino community, Uson even had the audience shout "Naga!" instead of "Cheese!" for a photo, in reference to her mistake of identifying Naga, and not Albay, as the location of Mount Mayon.

It was not the first time for the Palace communications official to become part of a Department of Foreign Affairs (DFA) event overseas not attended by President Rodrigo Duterte. 

The mandate of PCOO executives is typically limited to presidential events, but Uson is not the typical PCOO official. Even if he has his own communications team at the DFA, Cayetano had been requesting her help in his overseas engagements, apparently banking on her popularity among overseas Filipinos.

Uson was also with Cayetano when he represented the country at the United Nations General Assembly in New York in September 2017. (READ: What's Mocha Uson doing at the UN General Assembly in New York?)

"Asec Mocha was actually requested by the Office of Secretary Cayetano and so we sent her there. We know that Asec Mocha has good relations with OFWs and most of the Duterte supporters also. And also to help Sec Cayetano with his media," PCOO Secretary Martin Andanar told Rappler on January 11.

During the Senate hearing on fake news on Tuesday, January 30, Andanar reiterated Uson's popularity among OFWs – the market she's supposed to cater to, along with classes C, D, E – in her job as PCOO Assistant Secretary in charge of social media.

While in Milan, Uson posted a photo of an award or recognition presented to her by the "Associazione F.C.S.I Filipino Community" from Salerno, Italy.

This again allowed her to poke fun at how outrage from the University of Santo Tomas community forced her to return an alumni award.

It's clear in her posts that her role in the trip is to highlight OFW support for Duterte. Just like what she did in New York last year, she only interviewed Duterte Diehard Supporters (DDS), those who are avid readers of her blog or other pro-Duterte blogs.

Uson would often ask her interviewees about their thoughts on Duterte critics like Senator Antonio Trillanes IV, and they would respond by either condemning or making fun of the President's detractors.

Uson's continued service in the official communication arm of the government while she continued to run her private blog pointed to a possible conflict of interest, Senator Grace Poe said at the Senate hearing on Tuesday.

"To be under the Office of Communications, the official communications office, not just of the President but of the Republic, wouldn't this be in conflict? I think Asec (Uson) would be permitted more freedom to speak out should she be in the private sector, Sir," Poe told Andanar at the hearing.

Is Uson, who flies abroad on the wings of taxpayers' money, representing all Filipinos in need of government assistance, or just those Filipinos who support the President? – Rappler.com

Rumors abound that Solicitor General Jose Calida would be the next Ombudsman following the impending retirement of Conchita Carpio Morales in July 2018.

The issue did not escape Senate justice committee chairman Richard Gordon during a hearing on bills seeking to strengthen the Office of the Solicitor General (OSG).

After an exchange on what needs to be done to improve the capacity of the OSG, Gordon teased Calida about his rumored next post.

"Anyway, you're going to the Ombudsman. Ibibigay mo sa iba ginawa mo. Iba makikinabang (You'll pass on your accomplishments at the OSG to someone else. Someone else will benefit)," Gordon joked on Wednesday, January 31.

Calida, in response, only said "no comment," drawing laughter from those inside the committee room.

The Solicitor General, after the hearing, said he refused to reply as the topic was not part of the agenda.

"'Di naman kasama sa agenda dito 'yun (That wasn't part of our agenda)."

Pressed if there is truth to the rumor, he only smiled and reiterated, "No comment."

Calida is a staunch ally of President Rodrigo Duterte and is a known Marcos loyalist. As Solicitor General, he has led filing of charges against Duterte's so-called enemies and perceived critics. – Rappler.com