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FACT CHECK: Bong Go did not raise Philippine flag at Benham Rise

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Claim: Special Assistant to the President Christopher “Bong” Go raised the Philippine flag at Benham Rise or Philippine Rise.

The claim was published on May 16 with a headline “SAP Bong Go, Itinaas Ang Bandera ng Pilipinas sa Benham Rise” (SAP Bong Go Raises Philippine Flag at Benham Rise) by bonggo4senator.blogspot.com, a blog pushing a senatorial run for Go in 2019.

According to the blog post, millions of barrels of oil can be extracted in the said area, and that Go “risked” his life by going there to “defend every Filipino’s rights.”

The post was shared by 14 different Facebook pages and groups while a similar claim was published by duterte.today and abogado.ptvbalita.com.

Rating: FALSE

The facts: Go and presidential son Sebastian “Baste” Duterte rode jet skis only around Casiguran Sound in Aurora province. The two did not reach Benham Rise, which was about 120 nautical miles or 222 kms away from Casiguran.

The Philippine flag was attached at the rear end of their jet skis.

This happened on May 15 during the send-off celebration led by President Rodrigo Duterte aboard the BRP Davao del Sur in Casiguran for the all-Filipino maritime research expedition team, composed of scientists and divers tasked to conduct research at Benham Rise and plant the Philippine flag at the most shallow part of the area.

A view of the West Philippine Sea (South China Sea), Spratly Islands, Scarborough Shoal, Casiguran Bay, and Benham Rise. Courtesy of Google Earth 2018.

Duterte earlier said he'd be going to Philippine Rise himself. (READ: Duterte breaks promise to visit Philippine Rise)

“I'm going to Benham Rise, and I'm going to make a statement there that nobody but nobody owns this place,” said Duterte on April 26 in response to public criticism over allowing Chinese vessels and researchers to conduct a study on Benham Rise.

However, Presidential Spokesperson Harry Roque explained on May 15 that it was not feasible for the President to go to Benham Rise, and the trip was meant only to be symbolic.

The Philippines is the only country claiming rights over Benham Rise.

It is the West Philippine Sea that China is claiming for its own, despite a 2016 international ruling that asserted the Philippines' rights over these waters. – Miguel Imperial and Michael Bueza / Rappler.com


The search for the next Ombudsman

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OMBUDSMAN. Conchita Carpio Morales, the 5th Philippine Ombudsman in history, will retire on July 26, 2018. Photo courtesy of the Office of the Ombudsman

MANILA, Philippines – The job of being an Ombudsman is so difficult that Conchita Carpio Morales is the first one in 16 years to finish a full term.

Simeon Marcelo was hit by "burnout" and quit only 3 years into the job, while Merceditas Gutierrez resigned due to mounting pressure of corruption allegations and an impeachment trial that was on its way.

Consider Morales’ message to her successor a fair warning: “Work begins at sunrise and ends at sundown. Even if you work on Saturdays, you will not be able to finish your work." (READ: Morales asks for forgiveness in last Christmas with Ombudsman staff)

She is speaking from experience. Morales is known to clock in the earliest every day, sometimes even ahead of her deputies and staff. She goes to the office on Saturdays, and yet, as she said, the job is far from done.

Pork barrel scam

Morales will retire on July 26. The next Ombudsman will inherit the biggest corruption case in contemporary Philippine history – the pork barrel scam.

Not only will the next Ombudsman have the task of ensuring convictions in the highest profile pork scam cases already pending at the Sandiganbayan, he or she will have to take on the task of prosecuting the remaining hundred or so.

The Commission on Audit (COA) had identified 240 lawmakers who misused their discretionary funds, but Morales barely got to charge half. 

Pork barrel scam cases against 17 Liberal Party lawmakers are still in the mill, and two of the senators charged with plunder are enjoying temporary freedom.

Janet Lim Napoles, the alleged mastermind, has had some things go in her favor. She had been acquitted of serious illegal detention, given state protection, and able to use related rulings to boost her legal defense.

Napoles’ lawyer Stephen David has connections to Malacañang, and he doesn’t keep it a secret that he is looking at brokering deals like a plea bargain agreement to help her client. These potential Napoles deals will be initiated at the Office of the Ombudsman as the body which has jurisdiction over it. Thus, there is a lot of attention on them as they navigate a new political landscape in this historic case.

Morales and Aquino

Of course, Morales will not leave without anyone raising a howl about what they think she had done wrong. In fact, the Volunteers Against Crime and Corruption (VACC) had made earnest efforts to try and impeach her at the House of Representatives.

And it’s always about one thing, or one person: former president Benigno “Noynoy” Aquino III.

Morales charged Aquino with graft in the Mamasapano bloodbath, but those charges have been slammed for being weak “and designed to fail.” Solicitor General Jose Calida had asked the Supreme Court to nullify the graft charges, and instead indict Aquino for reckless imprudence resulting in homicide.

In the complaint over the Disbursement Acceleration Program or DAP, Morales cleared Aquino in March 2017. That same month, complainant Bayan Muna appealed Morales’ decision and asked her to reinstate the charges against the former president.

One year and two months later, the Ombudsman who swears she does not protect anyone, not even the one who appointed her, has been silent.

“I followed the rule of law in my work. I will always treasure that I have always been a stickler for the rule of law,” Morales said at a recent forum where they also celebrated the 30th anniversary of the Office.

Applicants

“One has to be impervious to pressure. One has to have integrity. You may be the brightest fellow in the world, but if you don't have integrity then forget it,” Morales said, when asked what she thinks are the qualifications for the next Ombudsman.

Ten names are on the Judicial and Bar Council (JBC) list after making the application deadline – Special Prosecutor Edilberto Sandoval, Labor Secretary Silvestre Bello III, Supreme Court Associate Justice Samuel Martires, and Sandiganbayan Associate Justice Efren dela Cruz.

One name on that list has been buzzing in legal circles for months: Edna Batacan, a veteran defense lawyer for public officials, the lawyer who got then mayor Rodrigo Duterte cleared of graft, and an alumna of the powerhouse San Beda network.

Batacan is the only woman on the list, and she is one woman close to the President. Morales would have also wanted a woman successor, saying: “Let it be the same institution that considers women leaders as empowered, and who equals men. After all, your lady justice maybe purposely blindfolded but her balance is never tilted.”

On May 16, however, Duterte said the next Ombudsman will not be a woman.

Presidential Spokesperson Harry Roque did not comment on a question whether Duterte was referring to Batacan – his former lawyer – when he made that remark.

The Duterte investigation

Whoever Duterte appoints will have the difficult job of investigating the President’s son, resigned Davao City vice mayor Paolo Duterte, and the cops who allegedly carried out then mayor Duterte’s kill orders against criminals in Davao City.

Morales did not only balance the Aquino connection during her term, but her Duterte ties as well. She is related to the Dutertes by marriage; her first-degree nephew Manases Carpio is married to presidential daughter Davao City Mayor Sara Duterte.

As a result, she has inhibited in all Duterte-related investigations, and delegated them to her deputies.

One of them – Overall Deputy Ombudsman Melchor Arthur Carandang – is now undergoing internal investigation over the President’s accusation that he breached confidentiality in the course of the hidden wealth probe.

There was a supposed cash flow of almost a billion pesos in the Duterte bank accounts, said Carandang, but the entire story will remain unknown for now, because the investigation was terminated late last year.

The Office of the Ombudsman said in a statement the termination was due to the non-participation of the Anti-Money Laundering Council (AMLC).

Although she inhibited, Morales reminded everyone, including her successor: “It was closed and terminated without prejudice to another investigation, if warranted.”

Understaffed

Morales said the Office “chews” threats and intimidation on a daily basis.

But perhaps an even bigger challenge is the reality on the ground; like many government offices, the Office of the Ombudsman is severely understaffed, with many wishing for a better retirement package.

Morales said the vacancies remain unfilled because she did not want to hire just anyone, and that she would rather have “10 lawyers who are competent than 100 lawyers who are insufficient and lazy."

A “lacking retirement package” also sends senior prosecutors away to look for better options. Morales said the “exodus” of Ombudsman lawyers is a top concern, and that she is “fighting tooth and nail” for a better retirement package. (A measure is pending before the Lower House to augment Ombudsman employees’ retirement packages.)

The brain drain in the Office of the Ombudsman is closely connected to the pressing issue of investigation delays. These delays, known in court as the “inordinate delay” doctrine, have put to waste a lot of efforts.

The Sandiganbayan has dismissed a lot of Ombudsman cases because of these delays, even the high-profile fertilizer fund scam.

The last to hit them is the dismissal of the last remaining plunder case in the P365-million PCSO intelligence fund scam. What was the highlight of Morales’ early years as Ombudsman came to an almost embarrassing end, as the major personality in the case – former president Gloria Macapagal-Arroyo – slowly makes her return to power.

Morales acknowledges these failures. “The Office of the Ombudsman is not perfect. We rise and fall in the area of prevention. The legal and judicial structure that we currently operate in has provided this office the biggest setbacks in its anti-corruption campaign.”

So in this search for the next Ombudsman, the Filipino people is looking for a star. 

But Morales pleads: “When all else fails, God forbid, please keep the institution to its minimum standard, nothing below.” – Rappler.com

Gordon's about-face on PCGG abolition

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YES OR NO? Senate justice committee chairman now says he is against the abolition of the PCGG but fails to mention he himself filed a bill for that in December 2017. File Photo by Angie de Silva

There seems to be a contradiction between Senator Richard Gordon’s own words and actions on the controversial move to abolish the agency tasked to recover the billions of pesos plundered during the Marcos dictatorship.

On Wednesday, May 16, Gordon said he was against the measure that aims to abolish the Presidential Commission on Good Government (PCGG) and transfer its powers to the Office of the Solicitor General (OSG).

The current chief of the OSG, Solicitor General Jose Calida, is a known Marcos supporter.

“At the moment, I dont think you should abolish it. That is my disposition because you need a special team to go after these people pero kailangan i-motivate sila na bilisan nila. Bigyan mo sila ng timeline para mabilis kasi kung kulang sa abogado nila, hindi nila magagawa talaga 'yan,” said Gordon, chair of the justice committee tasked to lead hearings on the bill.

(That is my disposition because you need a special team to go after these people but you need to motivate them to speed up [the cases]. Give them a timeline to speed up the workd because if they lack lawyers, they really can't do that.) 

But just 5 months ago, Gordon filed a bill that seeks to accomplish the exact opposite of his current pronouncements.

On December 4, 2017, Gordon filed Senate Bill 1626, which seeks to strengthen the OSG by increasing its powers and functions, by absorbing the functions of the PCGG and the Office of the Government Corporate Counsel (OGCC), the principal law office of government-owned and controlled corporations (GOCC).

“The bill seeks to consolidate the [PCGG and OCGG] functions into the OSG in order to achieve efficiency and economy, remove overlapping functions, and to eliminate possibilities of conflict in positions between the government’s law offices,” the explanatory note of Gordon's bill states.

Section 2 of the SB1626 states: “Towards this end, OGCC and PCGG are hereby abolished and their respective powers and functions are transferred to the OSG.”

Five months after he filed the bill, Gordon said the PCGG should remain “independent” and focused on recovering the ill-gotten wealth of the Marcos family.

Dapat independent 'yan. Dapat makuha lahat 'yan. Pag i-u-under mo 'yan diyan [sa OSG], i-a-absorb, mawawala lang (It should be independent. All the ill-gotten wealth should be recovered. If you put PCGG under the OSG, it would just be lost)," he said.

On Tuesday, May 15, the House voted 162-10-0 to approve House Bill 7376, which seeks to strengthen the OSG by increasing its powers and functions, by absorbing the functions of the PCGG and the Office of the Government Corporate Counsel (OGCC).

At the Senate, it is still pending with Gordon's committee. In fact, he said he was already writing the committee report on the proposal.

Minority senators opposed the measure. Senate President Aquilino Pimentel III, meanwhile, backed PCGG’s abolition. He said the focus should be on strengthening the OSG itself, and not Calida. 

What might have caused Gordon's about-face? A check of his previous statements on the proposed abolition of the PCGG would show that much earlier – in February this year – he had already expressed reservations about the objectives of his own bill, citing concerns over conflict of interest in relation to Calida.

Gordon also said recently that the bill is unlikely to muster enough support in the Senate. The Duterte administration supports the abolition of the PCGG, which Budget Secretary Benjamin Diokno described as a non-performing agency. – Rappler.com

P1-consultant runs Tourism Promotions Board besides Cesar Montano

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CHIEF OF STAFF? Tourism Promotions Board Chief Operating Office (COO) Cesar Montano and Ronnie Albao pose for a photo at the Senate. Photo from Ronnie Albao's Twitter account

Was Cesar Montano acting in "good faith" when he approved multi-million-peso deals at the Tourism Promotions Board (TPB)?

Informed sources told Rappler that all documents Montano signs need to pass through a certain "Ronnie Albao" before being approved by Montano himself. In effect, Albao functions as Montano's chief of staff. 

Cliff Mendoza used to be Montano's Chief of Staff, under job-order arrangements, but was later replaced by Montano's brother Rommel after the former was moved to another unit. Mendoza is the nephew of Rommel's wife.

Meanwhile, Rommel was brought in as a co-terminus employee when his brother Cesar was appointed TPB Chief Operating Officer.

Albao made his presence felt at the TPB office in Manila around March 2017 as a consultant, around the same time TPB employees filed a complaint against Montano for allegedly misusing the agency's funds.

Since then, Albao became Montano's most trusted man in the agency.

P1-consultant runs TPB

CONTRACT. This redacted document shows Ronnie Albao serves as a consultant at the Tourism Promotions Board receiving a salary of P1.

Under the contracts obtained by Rappler, Albao functions as a general support and technical services consultant. The current contract, which appears to be a renewal of his services, is valid from January 3, 2018 until December 31, 2018.

He is paid by the TPB only P1 for the duration of his contract, in exchange for services that require him to “devote his technical knowledge, training, and experience in performing tasks with trust and confidence.”

(Rappler tried to reach Albao through his mobile numbers and his Facebook account but our calls and messages were left unanswered.)

Insiders told Rappler they are confused by the "power" that Albao wields inside the agency, saying that he "practically runs the TPB." He would attend meetings on behalf of Montano, "approve" deals to be funded by the agency, and give orders to employees.

In several instances, Albao increased the value of sponsorship deals to be funded by the agency. For instance, insiders said that a certain deal was priced at P3 million, but Albao "crossed" the value and increased the sponsorship to P3.5 million. It was later signed and approved by Montano after seeing Albao's "signature of approval." 

Rappler was shown 3 documents first initialed by Albao – a memo, a travel order, and a project proposal – all subsequently signed by Montano.

CLEARED. Sources say Cesar Montano signs documents only if Ronnie Albao clears them with a prior signature (in blue) beside Montano's designation as Chief Operating Officer.

In some projects, Albao was the one who pegged the value to be sponsored by the TPB. Sources said that Albao is able to dictate how much funds are allocated for sponsorship deals – after he assigns a value, the unit that's supposed to vet the deal is no longer able to question it and becomes a mere rubber stamp.

These include deals under P5 million which skip Board approval and go straight to Montano's office for approval, informed sources told Rappler.

They ask, why is this consultant so powerful? – Rappler.com

Who is Ronnie Albao of the Tourism Promotions Board?

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CONSULTANT. Ronnie Albao with Tourism Promotions Board COO Cesar Montano. Photo from Albao's Facebook Page

MANILA, Philippines – Cesar Montano's most trusted man in the Tourism Promotions Board (TBP) is not new to national government, having started out two decades ago as an executive assistant in the office of then-Vice President Gloria Macapagal-Arroyo. 

Ranulfo "Ronnie" Albao, sources in the agency told Rappler, has a P1-consultancy contract with TPB, but practically runs the government agency,  attending meetings on behalf of Montano, approving agency-funded deals, and giving orders to employees.

His contract says he was hired as a "general support and technical services consultant." 

Rejected by Civil Service Commission

Albao was first appointed Executive Assistant IV under the Office of the Vice President In September 1998.

The Civil Service Commission (CSC), however, did not approve his appointment as he was accused of dishonesty and was found to have falsified documents that he passed the engineering board exams. 

The case reached the Supreme Court when the CSC questioned the decision released by the Court of Appeals that favored Albao. The SC, in 2005, ruled in favor of the commission, stating that it has the “power to institute the administrative proceedings” against Albao.

Besides the controversy over his false credentials, Albao had also been accused of misusing his position under Arroyo.

In 2003, staff of the Department of Public Works and Highways (DPWH) called out Albao’s alleged “questionable interference” in appointments and decisions made within the agency. 

According to a report by the Philippine Star then, he allegedly used his Malacañang connections to sell raffle tickets to different DPWH offices. The money was supposed to finance a church construction that allegedly never materialized. 

Relationship with the Arroyo family

ACROSS ADMINISTRATIONS. Ronnie Albao poses with Montano's brother Rommel and former president Gloria Macapagal Arroyo. Photo from Albao's Facebook page

There are indications on social media of his connections with the Arroyo family. A photo on his Facebook page shows him with the former president, together with Montano’s brother, Rommel, another staff at the TPB.

A much older photo was also posted showing Albao with members of the former presidential family. 

OLDER PHOTO. Ronnie Albao (right most) with former president Gloria Macapagal Arroyo and former first gentleman Mike Arroyo. Photo from Albao's Facebook page

Another photo also shows a visibly younger Albao with the former first couple in a foreign country. The timestamp on the photo shows it was taken in 1995. 

ABROAD. Albao with former president Gloria Macapagal Arroyo and former first gentleman Mike Arroyo. Photo from Facebook  

He also posted an old photo of him with the presidential portrait of Arroyo’s father, former president Diosdado Macapagal, seemingly taken during a memorial service as indicated by Albao’s black armband. 

Albao is among government employees under the Duterte administration who worked with Arroyo. The others are Labor Secretary Silvestre Bello III, Presidential Peace Adviser Jesus Dureza, National Security Adviser Hermogenes Esperon Jr, Chief Presidential Counsel Salvador PaneloSolicitor General Jose Calida, and Environment Secretary Roy Cimatu. 

Rappler has been trying to reach Albao since Friday, May 19, to clarify his role in the TPB and his ties to the Arroyos. As of posting, messages and calls to his mobile numbers and Facebook account have gone unanswered.

Montano’s political plans?

Informed sources told Rappler that Albao's interference may be related to Montano's plans to run for office in 2019, adding that his connections with Arroyo may help propel the actor's political career after at least 3 failed attempts in the past.

Montano first ran for senator under Lakas-CMD, Arroyo's political party, in 2007 but lost. He aimed for a gubernatorial position in Bohol under the Liberal Party but lost again. 

In 2016, he was the 2nd nominee of Aangat Tayo in the party-list elections. The organization won, but got only one seat in the House of Representatives.

Montano eventually became part of government when he was appointed Tourism Promotions Board in December 2016. – Rappler.com

Duterte pivots to China but his military turns to Australia, Japan

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ENEMIES-TURNED-ALLIES. A P-1 patrol aircraft of the Japan Maritime Self Defense Force and a Beechcraft C-90 of the Philippine Navy fly over the West Philippine Sea for Exercise Balikatan 2018. Photo courtesy of JMSDF

MANILA, Philippines – Philippine defense cooperation with Australia and Japan stepped up in recent years, continuing to grow under the administration of President Rodrigo Duterte.

Euan Graham, director of the international security program of Australian think tank Lowy Institute, said these ties should be taken into account when understanding the country's relations with China.

"I think the Philippines has not entirely bowed down in the face of China. The political relationship clearly has been changed under President Duterte, but it's more complicated than that," Graham told Rappler.

Jose Antonio Custodio, military analyst and historian, said ties with Australia have focused on counter-terrorism and containment of violent extremism, while ties with Japan have focused on the South China Sea situation.

At the start of his administration, Duterte threatened to scrap defense treaties with the US in favor of closer ties with China and perhaps Russia.

But alliances among militaries – especially one as longstanding as the Philippines and the US – cannot be broken or built overnight. It takes years or decades to synchronize tactics, techniques, and procedures to achieve interoperability.

Duterte's pivot to China won't be easy for Americanized PH military

Custodio said there have been "cosmetic" but no significant changes in the country's ties with the US military. Cooperation during the siege of Marawi put this on display.

Meanwhile, Duterte is facing criticism over his friendship with China. This comes in the wake of reports that the military superpower has installed missiles on a Philippine reef it occupied in 1994 and landed a bomber on the nearby Paracel Islands, which it seized from Vietnam in 1974. 

'Acceptable partners'

AUSTRALIA. The Australian Defense Force has 60 personnel participating in Exercise Balikatan 2018. Photo by Carmela Fonbuena/Rappler

Graham said Australia and Japan both appear to be "acceptable security and defense partners" to Duterte, allowing the two countries to fill the political vacuum between Manila and Washington. (READ: Duterte tours Japan's biggest warship)

Unlike China and Russia, Australia and Japan have a headway in building military-to-military ties with the Philippines.

Australia is the only country other than US that has a visiting forces agreement with the Philippines, a treaty that came to force in 2012.

Japan, the country's biggest source of Official Development Assistance, has also shown the capability "to provide a generous materiel largesse for the military," said Custodio.

Talks for a visiting forces agreement with Japan began in the previous Aquino administration, which Custodio said, will "likely" continue to be discussed.

Meanwhile, China is trying to build ties with the Philippine military. "The best way for the AFP to make itself a laughingstock of the Filipino people is to engage in an effort to develop strong military-to-military ties with China," said Custodio. (READ: PH plans for Pag-asa to test Duterte's friendship with China)

Exercise Balikatan: Nueva Ecija and Palawan

JAPAN. The Japan Maritime Self Defense Force has 20 personnel participating in Exercise Balikatan 2018. Photo by Carmela Fonbuena/Rappler

The annual Exercise Balikatan between the Philippine and US militaries played a key role in increasing the country’s security ties with Australia and Japan.

This year, the Australian Defense Force (ADF) had a P-3 Orion surveillance aircraft and 60 personnel – most airmen – participate in the war games. The Japan Maritime Self Defense Force (JMSDF) had a P-1 patrol aircraft and 20 personnel, also mostly air men.

They are among 8,000 forces, including 3,000 Americans, participating in war games aimed at improving the interoperability of the allied militaries.

The number of Australian and Japanese troops participating in the war games was small but their activities were significant – surveillance and patrol from aircraft – and consistent with their focus areas.

From May 16-17, ADF’s P-3 Orion surveillance aircraft flew over Nueva Ecija to simulate urban fighting with its Philippine and US counterparts. Its job was to provide real time intelligence – coordinations and movements – of enemies.

"It is similar to the role performed by the aircraft during the Marawi crisis," Captain Brad White, Australian defense attache to the Philippines, told Rappler. The ADF flew two P-3 Orion aircraft to help out during the siege.

Vice Admiral David Johnston, ADF chief of joint operations, said Australia's participation in Exercise Balikatan shows its commitment to regional security and stability. It's the 5th year Australia is joining the exercise.

"Exercise Balikatan 18 is a valuable opportunity for participating nations to prepare for real world challenges," Johnston said.

Earlier, on May 8, a JMSDF P-1 patrol aircraft flew off the coast of Palawan together with Beechcraft C-90 planes that Japan leased to the Philippine Navy. 

A photo showed the planes flying above an unnamed island in the West Philippine Sea. Another photo showed Japanese and Filipinos standing shoulder-to-shoulder on the tarmac of Antonio Bautista Air Base in Palawan.

The activity in the West Philippine Sea, where Duterte scrapped joint patrols with the US to please China, was not lost on security observers.

"They were operating off Palawan so there is maybe an increasing leeway for those kinds of exercises," said Graham.

Fighting ISIS together

Australia's visiting forces agreement with the Philippines means it can't have a base in the country but it can have a rotating troops presence.

The relationship matured significantly during the 5-month long battles. After the war, they agreed to conduct a training program on urban fighting that is exclusive between the two militaries.

While Balikatan is ongoing, another group of 70 Australian forces are preparing for a 4-week exercise to train Philippine Army troopers in urban fighting. It's similar to what the Americans provide Filipino ground troops in Balikatan.

"Each rotation is about 4 weeks long. Bunch of training is delivered then consultation with AFP. New target audience where that goes. We move where the Philippine army wants us to move to deliver that training," said White.

It is mutually beneficial. "For Australia, there is a genuine interest in preventing foreign fighters coming from the Middle East from establishing themselves closer to Australia or maybe attacking Australian citizens or interest in the region," said Graham.

On top of the exercises, the ADF is also helping the Philippines patrol the waters of southern Philippines, part of the campaign against local terrorist groups operating in the islands of Mindanao.

"We've got significant engagement with the Philippines. Since Marawi, we've actually increased our engagement," said White.

Japan relaxes weapons rule

When Japan lifted its weapons export ban, it signalled to the world its growing security role in the region. The ban was a self-imposed policy it adopted when it took a pacifist mindset after World War II.

The Philippines is the first beneficiary. Japan transfered 5 TC-90 patrol planes to the Philippine Navy to enable the country to better establish its presence in its maritime territories.

Small planes for PH Navy signal Japan's growing security role  

This was the same plane the Philippine Navy flew during the Balikatan exercise in the West Philippine Sea.

The TC-90s are faster and have longer range than the Islander aircraft the Navy has been using. – Rappler.com

TIMELINE: The many times Duterte and Sereno clashed

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SERENO VS DUTERTE. Ousted chief justice Maria Lourdes Sereno accuses President Rodrigo Duterte of being part of efforts to remove her from the Supreme Court. File photos from Inoue Jaena/Rappler and PCOO

MANILA, Philippines – The ouster of Maria Lourdes Sereno as chief justice is seen by many as the culmination of efforts by the Duterte administration to unseat her. 

Sereno herself calls out President Rodrigo Duterte for his alleged involvement in her removal from office – a claim denied by the chief executive.

This is not the first time they have criticized each other.

Rappler lists the instances Duterte and Sereno have locked horns since 2016. 


2016

August 7 

Duterte includes judges in a list of more than 150 officials allegedly involved in the illegal drug trade. 

August 8 

Sereno writes Duterte a 4-page letter regarding his drug list, which includes judges. She says Duterte's "premature announcement of an informal investigation on allegations of involvement with the drug trade will have the unwarranted effect of rendering the judge veritably useless in discharging his adjudicative role." 

She points out that since the judiciary is an independent branch of government, it must follow its own procedures in determining the guilt of the judges on the list.

August 9

While speaking to military officers in Cagayan de Oro, Duterte responds to Sereno's letter. He tells her to stop insinuating he is trying to create a "constitutional crisis" by including 7 judges in his drug list.

The President also calls out Sereno for allegedly interfering in his job, even threatening to declare martial law if the chief justice continues her actions. 

"Do not create a crisis because I will order everybody in the executive department not to honor you. Ito prangkahan, kasi nakialam kayo (I'm being frank, because you meddled)," he says.

August 12 

In a press conference in Davao City, Duterte reveals his intent to allow the burial of the late dictator Ferdinand Marcos in the Libingan ng mga Bayani (Heroes' Cemetery). Duterte says his decision is in accordance with the law, as Marcos served as soldier and president.

Duterte also apologizes to Sereno for his "harsh words."

November 8

In a 10-5 vote, the Supreme Court (SC) allows a hero's burial for Marcos.

Sereno dissents, saying she cannot support "such an expedient and shortsighted view of Philippine history."


2017

May

On May 23, Duterte places Mindanao under martial law because of the Marawi siege.

Three days later, Sereno speaks before Ateneo graduates, as she discards a prepared speech to warn against the abuses of martial law. (READ: The Atenean facing martial law)

"Suffice it to say that the martial law power is an immense power that can be used for good, to solve defined emergencies; but all earthly powers when abused can result in oppression," Sereno says. 

August 30

Pro-Duterte lawyer Lorenzo "Larry" Gadon files an impeachment complaint against Sereno.

Gadon cites Sereno's allegedly untruthful declarations in her statement of assets, liabilities, and net worth (SALN) as grounds for her impeachment. At least 25 lawmakers endorse Gadon's complaint. 

October 5

Voting 25-2, the House justice committee rules that Gadon's complaint has sufficient grounds for Sereno's impeachment

November 6

Malacañang calls on Sereno to resign "to spare the institution from any further damage."

"I call upon Chief Justice Sereno to really consider resigning only to spare the institution from any further damage," Presidential Spokesperson Harry Roque says during a press briefing.


2018

February 28 

Sereno's camp announces that she will go on an indefinite leave to prepare for her possible impeachment trial. Sereno, however, maintains that her indefinite leave is not a resignation.

March 5 

Solicitor General Jose Calida files a quo warranto petition against Sereno to nullify her appointment.

Calida says Sereno failed to fully declare her wealth in 17 out of the 28 years that she taught at the University of the Philippines. He accuses Sereno of "usurpation of public office" as public officials are required to file their SALNs.

In a press conference, Calida says Sereno's failure to comply with the law shows her "lack of integrity" and proves that she is "unlawfully holding the position of the Chief Justice of the Supreme Court."

March 8

In a 38-2 vote, the House justice committee decides there is probable cause for Sereno to be impeached. This ends months of deliberation by the committee. Ten days later, they approve the articles of impeachment against Sereno.

"Throughout the probable cause hearing, this committee has gathered sufficient evidence to provide us the ammunition to prosecute this case to victory," says House panel chairman Reynaldo Umali. 

The House is yet to vote and transmit the case to the Senate. 

April 9 

Sereno says the quo warranto petition against her is "unconstitutional." Sereno also alleges that there is a "moving hand" pushing for her impeachment, and hints it is Duterte.

"Mr President, if you have no hand in this, why did Solicitor General Jose Calida, who reports to you, file the quo warranto?" Sereno says.

On the same day, Duterte declares that Sereno is his enemy.

"I am putting you on notice that I am your enemy and you have to be out of the Supreme Court. I will request Congress to do it, the impeachment right away... Kindly fast-track the impeachment," he says.

May 11

Voting 8-6, the SC ousts Sereno by granting the quo warranto petition against the chief justice.

Sereno's camp is set to appeal this ruling. 

Many legal groups say the SC decision can "erode rule of law" in the Philippines. Fourteen senators, meanwhile, file a resolution calling on the High Court to review its decision.

May 16

Duterte denies he was involved in the efforts to oust Sereno from the SC.

"I said if there is one congresswoman or congressman, or a justice, single justice who will say I talked to them, I can guarantee you, I will resign," he insists.

May 17

Ousted Sereno, in her strongest speech yet against Duterte, demands his resignation. She says his past remarks – when he called her an enemy and asked Congress to fast-track her impeachment, for example – prove he had a hand in her ouster. – with reports from Jodesz Gavilan and Lian Buan/Rappler.com

Nicole Lorena is a Rappler intern.

This piece will be updated.

Lewd gov't official verbally harasses reporter

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Which government official is known to make open advances to women?

One reporter was verbally harassed by a top government official, following a Senate hearing on an issue that made headlines months ago.

The reporter was newly assigned to cover the government official then, and made formal introductions after the hearing.

According to those familiar with what happened, the reporter went down to the designated smoking area and saw the official with other administrators under his office.

The official lit the reporter's cigarette – to her surprise. He briefly discussed with her the nuances of the issue tackled during the hearing, then proposed plans to his administrators on how their offices could move forward.

When the official was about to leave, he leaned towards the reporter for a buss on the cheek and whispered to her ear, "I like your body."

Shocked by what happened, the reporter was speechless. The official proceeded to motion his hands over his chest up and down, in what appeared to be a reference to the reporter's breasts. He smiled sheepishly as he gestured.

After the official left, he sent a text message to the reporter, saying, "Hi".

Sources familiar with the official said they're not surprised by his behavior. They said he has a habit of pausing in the middle of press briefings to "compliment" female reporters on their looks. In some cases, he has even kissed or held their hands longer than normal.

The official may soon move to another coveted post and bring his wild desires with him. Watch out! – Rappler.com


Halfway mark: How Consultative Committee's proposed charter is shaping up

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MANILA, Philippines – Since formally convening in mid-February, the Consultative Committee formed by President Rodrigo Duterte has been meeting 5 times a week to craft a federal constitution to replace the 1987 Constitution. 

Their work is key to Duterte’s promise to turn the Philippines into a federal republic, in the belief that this system will lead to a more equitable distribution of wealth in a country where economic growth is centered on only a few regions. (READ: What you need to know about Charter Change)

This May, the 22-member Con-Com reaches the halfway mark in its work timetable. They were given only 6 months, or until August, to come up with their proposal. Con-Com Chairman Reynato Puno wants to submit the draft charter to Duterte during his 3rd State of the Nation Address on July 23.

The proposal will be submitted to Congress which is set to convene into a Constituent Assembly tasked with proposing revisions to the Constitution. The Con-Ass is not required to adopt any part of the Con-Com's draft charter but Malacañang has said the fact that the committee was created by Duterte should give its recommendations some weight.

What has the Con-Com achieved in its 3rd-month existence? 

In a nutshell: The constitution to be proposed is one that creates a presidential-federal government with a Senate and House of Representatives and 3 high courts. The federal republic will likely have 17 federated regions with the National Capital Region as the federal capital. The draft charter introduces environmental and socio-economic rights in the bill of rights and has new provisions regulating political dynasties, banning political butterflies, and requiring that the president and vice president be voted as a tandem. The president, vice president, and lawmakers will serve a 4-year term with the possibility of one reelection. 

Rappler compiles key decisions and newly-worded provisions made by the committee. Below is the work of the Con-Com arranged by article in the proposed constitution.


Workflow: The committee goes through the 1987 Constitution line by line. They divided themselves into 12 committees and sub-committees, each assigned to tackle specific portions or articles in the present charter. After discussions by the sub-committees are over, the Con-Com, as a whole, votes on proposed provisions or changes to existing provisions. 

PREAMBLE 

The Con-Com-finalized preamble emphasizes a federal Philippines that will remain united despite being composed of regions governing themselves. This is to prevent secession by any region.

“We, the sovereign Filipino people, imploring the aid of Almighty God, to build a permanent and indissoluble nation and establish a just, humane, united, and progressive society under a federal government that shall embody our shared ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.”

ARTICLE I – Sovereignty Over Territory and Sovereign Rights

The proposed article harmonizes the Philippine constitution with existing international laws on the sea. This firms up, among other things, the Philippine position with regard to the Permanent Court of Arbitration's ruling on the West Philippine Sea.

Section 1. The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by its archipelagic baselines, its territorial sea, and its airspace.

It has sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals. It likewise has sovereignty over all the other territories belonging to the Philippines by historic right or legal title. 

Section 2. The Philippines has sovereign rights over that maritime expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended continental shelf including the Philippine (Benham) Rise. Its citizens shall enjoy the right to all resources to which they are entitled by historic rights.

ARTICLES II, IV, V

Changes to Articles on Declaration of Principles and State Policies, Citizenship, Suffrage not yet finalized

ARTICLE III – Bill of Rights

The proposed article will explicitly mention environmental rights of citizens and socio-economic rights to education, health, and decent housing. This means citizens will have a constitutional basis to demand critical services from government. In the current charter, these rights are not in the bill of rights but in the article on state policies.

ARTICLE VI – Legislative Department 

There is no final wording yet of this article. But the committee decided to retain the bicameral Congress composed of the Senate and House of Representatives. The number of senators has not yet been finalized as this will depend on the number of federated regions. However, the Con-Com is leaning towards creating 17 regions plus the National Capital Region as the federal capital.

Discussions were heading toward two senators per region, elected per region. Regions will be divided into districts which will then elect one representative each. Voters will also be asked to vote for a party-list group. The composition of the House of Representatives will thus be 60% district representatives and 40% proportional representation. Seats will be reserved for representatives of marginalized sectors – labor, peasants, fishermen, indigenous peoples, and urban poor.

The Con-Com also proposed to require a college degree or its equivalent for senators and representatives. Lawmakers in both chambers are to have 4-year terms and may serve two consecutive terms.

ARTICLE VII – Executive Department 

The president and vice president will have 4-year terms, instead of the current 6 years. Both may also serve two consecutive terms, in place of the current system where the president cannot seek reelection.

The Con-Com also wants to require that the president and vice president be voted as a tandem. This means that the running mate of the winning presidential candidate will automatically become vice president. The two must also come from the same political party. 

If the post of vice president becomes vacant, the president will choose a vice president from members of the Senate or House of Representatives who belong to his or her party or coalition.

Another change is that the president is required to appoint the vice president to a Cabinet post. In the current system, this is left to the president’s discretion.

A college degree or its equivalent is also required of the president and vice president, under the Con-Com’s proposal.

Midnight appointments: The timeline for the prohibition of midnight appointments is increased to 3 months before the next presidential election (from two months) up to the end of the president's term.

ARTICLE VIII – Judicial Department

There is no final wording yet of this article. But the Con-Com proposes creating 3 high courts– Federal Supreme Court, Federal Constitutional Court, and Federal Administrative Court – with distinct areas of jurisdiction and functions.

The courts will have 9 justices each – one presiding justice and 8 associate justices. While the president still gets to appoint the presiding justices, the judiciary and Congress will be given the power to appoint 3 justices each, per court. 

The judiciary will also be given a role in the impeachment process, which in the current Constitution, is left up to Congress. 

The Con-Com is proposing that the Federal Constitutional Court serve as impeachment court for impeachment trials of all impeachable officials. The articles of impeachment will be forwarded to the High Court by a joint committee formed by members of the Senate and House of Representatives, after it has evaluated impeachment complaints. 

The Con-Com is also leaning toward overhauling the Judicial and Bar Council, the body that creates the short list of candidates for justices from which the president selects an appointee. The JBC will be given a new name and will count the Ombudsman, chiefs of the Commission on Audit and Civil Service Commission, as ex officio members. There will also be a ban on JBC members from reappointment to make them less prone to political influence. 

ARTICLE IX – Constitutional Commissions

There is no final wording yet of this article. However, the Con-Com agreed to propose elevating the Commission on Human Rights (CHR) to a constitutional commission.

Under the 1987 Constitution, the CHR is an "independent office" but is not among the 3 constitutional commissions listed in Article IX: Commission on Civil Service, Commission on Elections, and Commission on Audit.

Turning it into a constitutional commission is seen to strengthen the CHR’s investigative powers and make it fiscally autonomous.

POLITICAL REFORMS – Regulation of political dynasties and ban on political turncoatism 

Regulation of political dynasties

The Con-Com proposes new provisions meant to embed political reforms in the federal constitution.  

The first of this is a regulation on political dynasties. The proposed provisions ban persons related to an official within the second civil degree of consanguinity or affinity from succeeding the official. Relatives within this range are also banned from running simultaneously for more than one national and one regional or local position.

The ban covers children of officials and their spouses, parents, grandparents, brothers, sisters, and their spouses, grandchildren and their spouses, spouse of official, parents-in-law, brothers and sisters-in-law and their spouses, and grandparents of spouse.

It does not cover an official’s uncles, aunts, cousins, nieces, and nephews 

Sec.___ The State shall guarantee equal access to opportunities for public service and prohibit political dynasties.

(a) A political dynasty exists when a family whose members are related up to the second degree of consanguinity or affinity whether such relations are legitimate, illegitimate, half or full blood, maintains or is capable of maintaining political control by succession or by simultaneously running for or holding elective positions.

(b) No person related to an incumbent elective official within the second civil degree of consanguinity or affinity, as described above, can run for the same position in the immediately following election.

(c) Persons related within the second civil degree of consanguinity or affinity, as described above, are prohibited from running simultaneously for more than one national and one regional or local position.

(d) Congress may, by law, provide for additional prohibitions.

 Ban on political turncoatism

A new proposed provision also punishes political butterflies and parties that accept political butterflies.

A politician is banned from switching political parties within their term of office, within two years after an election, and two years before the next election. Sanctions include loss of their government post, a prohibition from being immediately appointed and from running in the next election. 

Parties that accept political turncoats will have their party registration revoked. There are also provisions aiming to strengthen the political party system. Parties are required to submit their list of members, platform, and general program of government to the Commission on Elections and observe democratic processes when nominating candidates for elections and when making party decisions.

Section 3. The State shall ensure the development and strengthening of political parties as mechanisms of citizen representation and democratic governance.

(a) Every political party shall be registered with the Commission on Elections which shall ensure that the political party submit its constitution and by-laws, platform, principles, policies and general program of government a verified list of national officials, members of the executive board, or its equivalent, and the heads of its regional, provincial, and city chapters.

(b) Religious denominations and sects shall not be registered. Parties which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

(c) Financial contributions that influence the electoral outcome coming from foreign governments and their agencies, and criminal sources, and given to political parties and their affiliated organizations, political coalitions, or candidates, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission on Elections in addition to other penalties that may be prescribed by law.

Party Candidate Selection and Nomination 

Section 4. The State shall promote the development of political parties as democratic public institutions. 

(a) Political parties shall be freely established and open to all citizens who share the same party program, adhere to the party constitution, and practice party discipline.

(b) Political parties shall develop a democratic system of internal decision-making and allowing for active citizen participation.

(c) Political parties shall observe fair, honest, and democratic processes in nominating and selecting party officials and candidates for public office.

Political parties shall assist in democratic public education and promotion of democratic values in society.

(d) Political parties shall provide, as far as practicable, for equal representation of women candidates in every election.

(e) The State shall take affirmative action so that marginalized and underrepresented sectors may organize themselves into genuine political parties with articulated platforms of government and capable representatives. 

Party-switching Ban 

Section 5. The State shall assist in ensuring strong and cohesive political parties.

(a) Any member of a political party elected to public office is prohibited from changing political parties within their term of office.

(b) Any candidate for public office or any official of a political party is prohibited from changing political parties within two years immediately after an election and two years before the succeeding election.

(c) Any political party is prohibited from accepting any of the persons above referred to. Any violation thereof shall be a ground for the cancellation of its registration. 

(d) Any change in the membership of any political party arising from a violation of the abovementioned provisions shall be reported to the Commission on Elections.

(e) No political party shall nominate more candidates than the number of persons required to be voted for in an elective position, except for the proportional representative seats in the House of Representatives, nor shall any candidate be allowed to accept nominations from more than one registered political party, except in cases of aggrupations or coalitions thereof.

(d) Candidates to public office who violate these provisions shall lose their position to which they were elected, barred from being immediately appointed to a public office, prohibited from running in the next election and if the party provided funds for their election, reimburse these funds.

More to go

Con-Com spokesman Conrado Generoso said the work of the committee is "70%" complete. The body is yet to finish discussions on 9 more articles in the current Constitution, including the critical transitory provisions.

In June, the Con-Com is also set to visit provinces all over the country to conduct consultations. – Rappler.com

Duterte's joke to Navy: One day, Philippines will invade other nations

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IMPROVING NAVAL FORCE. President Rodrigo Duterte jokes that one day, the Philippine Navy will be capable of invading other countries. RTVM screenshot

A hundred years from now, it will be the Philippines invading other nations and not the other way around.

This was President Rodrigo Duterte's joke to the Philippine Navy on its 120th anniversary on Tuesday, May 22.

"I therefore ask each of you to do your part so that in the next 120 years we can establish a naval force that will last a lifetime and maybe we can start invading other nations," said Duterte in his speech for the event.

The President's quip comes after China deployed bombers to the Paracel Islands in the South China Sea, a move that puts Manila and key military bases within range of Beijing's missiles.

Duterte's administration has come under fire for its weak response to the incident, a sign that China is taking its militarization of the South China Sea to new levels, according to experts.

The Philippine Navy is closely involved in the protection of the country's sovereignty and sovereign rights in the West Philippine Sea, which China is claiming through its 9-dash line.

The Philippines, in 2016, scored an international ruling that invalidated the 9-dash line, but Duterte has chosen to downplay this ruling in favor of warmer ties with China.

Acting Chief Justice Antonio Carpio has said that not asserting the ruling "will be handing over to China on a silver platter the West Philippine Sea."

He and former foreign secretary Albert del Rosario urged the Duterte government to file a diplomatic protest against China's recent actions.– Rappler.com

War vs pro-ISIS PH groups rages on a year after Marawi siege

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LANAO DEL SUR, Philippines – Recent developments in the jungles of Sulu are game changers that underscore the country’s continuing battle against armed groups linked to the Islamic State (ISIS) a year since they laid siege to Marawi City.  

An ISIS black flag was recovered following clashes with a faction of the Abu Sayyaf Group (ASG) previously confined to kidnap-for-ransom activities. The presence of at least two foreign fighters in the island is also being verified.

“We are able to validate that ISIS has footprints here. We need to analyze this. What is going to be its impact on our operations?” Brigadier General Cirilito Sobejana, the island commander, told Rappler in Filipino.

Sulu’s local bandits – notorious for beheading hostages – were previously believed to be uninterested in supporting the slain Isnilon Hapilon, ASG’s former leader in nearby Basilan who was named the emir of ISIS in Southeast Asia. 

BLACK FLAG. The Joint Task Force Sulu recovers an ISIS black flag after clashes with the Abu Sayyaf Group. Photo from the Philippine military

Sobejana said the faction of Hajan Sawadjaan defied Radullon Sahiron, the overall leader of the ASG in Sulu, who didn't want anything to do with ISIS.

Sawadjaan is no ideologue. Sobejana believes he was only hoping to get money from ISIS as his funds were running dry due to the military’s no-ransom policy.

Notwithstanding his motivations, any link between the vicious bandits of Sulu with ISIS is a cause for concern. It was the unification of pro-ISIS armed groups – Isnilon’s ASG faction and the Maute Group – that led to the siege of Marawi last year.

“In rebel- or armed-group-influenced areas, the ISIS, Al Qaeda, Jemaah Islamiah or any other foreign group would find groups willing to undertake operations on their behalf as long as there is the necessary financial support,” said Jose Antonio Custodio, military historian and analyst.

Zachary Abuza, Southeast Asia security expert at the National War College in the US, also warned of a scenario where foreign fighters could unite the rest of the country’s extremist groups.

“There are many pro-ISIS groups in the south, but they are geographically apart in a region with very poor infrastructure, or riddled with factionalism and egos. If they could ever coordinate their efforts, they could really spread the AFP thin,” he said.

Marawi a ‘propaganda victory ‘ for ISIS

In Marawi City, the former battle area serves as reminder of the havoc that pro-ISIS groups could bring to a city.

A sea of destruction engulfed 24 villages covering 250 hectares, including the once bustling city proper. At least 50,000 residents remain displaced.

RUINS. The former battle area in Marawi remains a ghost town 6 months after the war. Photo by Bobby Lagsa/Rappler

The death of the top leaders of pro-ISIS groups and hundreds of well-trained supporters in Marawi City last year weakened the extremist groups. But the military cannot claim total victory for the 5-month-long clashes. (READ: The war in Marawi: 153 days and more)

Abuza said it was a “propaganda victory” for ISIS. “They held off a much larger, better resourced military force for 5 months. It is hard to put a good spin on that,” he said.

Custodio agreed. “This armed group could brag about going head on against what the best the Philippine military could throw at them during a span of 5 months,” he said.

The siege showed the military's shortcomings in urban warfare. It doesn't help that the Philippine military is fighting too many fronts. 

“Between the NPA, the ASG, all the black-flag groups in Central Mindanao, to the threat of MILF commands breaking off and quitting the peace process, the AFP is simply over-taxed,” said Abuza.

"Even the MILF [Moro Islamic Liberation Front] units have to be monitored by the AFP and sometimes as in the past, previously dormant groups might suddenly attack as in the case of the MNLF in Zamboanga in 2013,” said Custodio.

Recruitment continues

Armed Forces of the Philippines Chief of Staff General Carlito Galvez Jr said the military is working double time.

“We cannot stay complacent but for us we are very confident [about] our level of counter-terrorism efforts,” said Galvez, who explained that the military has preempted attacks.

“It will take years for a Marawi incident to happen again,” Galvez said.

Recruitment continues, he confirmed. He said the government is “connecting” with the relatives of the Maute Group for talks.

Custodio said martial law, which remains enforced in Mindanao, is helping the military control the situation.

“The focus of Martial Law in Lanao has managed to prevent the Maute from recovering quickly as the military and police are keeping tight control over movements through a system of checkpoints as well as other proactive intelligence countermeasures and operations,” said he said.

Frontlines of the war

Threat of possible attacks in Marawi remain. Weeks before rehabilitation work is to begin in the former battle area, Galvez gathered ground commanders to prepare them for the tasks ahead.

“When the millions of pesos will be poured in for the rehabilitation, we have to make sure it will be unimpeded, it will be safe and our contractors will not be hampered by any threat of kidnapping or any aggressions from the Maute-ISIS,” Galvez said.

Assistant Secretary Felix Castro Jr, manager of the Task Force Bangon Marawi Field Office, said any disturbance risks losing investors. 

TEARFUL HOMECOMING. Haj Mohaymen Ampuan can only cry in despair as he sees his home for the first time since the Marawi war broke out on May 23, 2017. Photo by Bobby Lagsa/Rappler

But the fight against violent extremism is not in the battlefield alone. There are issues, like the slow rehabilitation of Marawi, that ISIS can exploit. (READ: Messy land ownership in Marawi complicates rehabilitation)

While the military is preventing remnants of the Maute-ISIS group from returning to launch more attacks, it has to make sure it doesn’t alienate residents and push them toward extremist ideas.

Abuza said continued delays in the peace process with the MILF is another sore issue. "These are what turn the populations on the government, not the actions of small cells of terrorists,” said Abuza.

In Mindanao, there is an abundance of issues to exploit. “Even without the ISIS, armed secessionist and terrorist groups have existed in Mindanao and will even outlive ISIS due to the historically rooted social and political issues in that island,” Custodio said. – Rappler.com

Top photo: URBAN WARFARE. The Philippine military exposes the shortcomings of the Philippine military in urban fighting. Photo by Bobby Lagsa/Rappler

Potential investors looking for 'stable legal system' in PH

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LONG TERM. Risk consultant Bob Herrera-Lim says the impact of current events in the Philippines will be felt in the long run. Screenshot from Youtube video

MANILA, Philippines – While the current political atmosphere may not lead to investors pulling out, it may affect the decision of people with long-term plans to do business in the Philippines.

Risk consultant Roberto "Bob" Herrera-Lim, managing director for Southeast Asia of Teneo Intelligence, said the impact of recent controversial events will be felt in the long run.

"In the immediate future, I don't think it really affects the flow of investment and money into the economy," he said in an interview with Rappler editor-at-large Marites Vitug.

"But if you are an investor and you're looking over the longer term, like let's say you're building a large manufacturing facility or you're investing for the next 20 to 25 years, one of the things you look for is how stable is the legal system," he added. 

Among the issues facing the Philippines are the recent ouster of Chief Justice Maria Lourdes Sereno which many called an attempt to undermine judicial independence and a disregard of the 1987 Constitution, the bloody anti-drug campaign, and attacks on the media.

According to Lim, big businesses are looking for a legal system that is "immune or at least appears to be immune" from political pressure.

"It's a check mark that says they are not too sure about long-term stability of rule of law in the Philippines," he said.  

Losing 'better' investments 

It would be a mistake to see Sereno's ouster as an isolated case, said Lim, noting the perception that the position of chief justice "has been politicized" for so long.

Former president Gloria Macapagal Arroyo's midnight appointment of Renato Corona, Corona's eventual impeachment, and former president Benigno Aquino III's appointment of Sereno led to the notion that the Supreme Court (SC) has been entangled in politics. (READ: [OPINION] [Aftershocks in the Supreme Court)

This is why the perception of the Philippines "has been degrading" since the early 2000s, according to Lim, and this might be the reason why the country is only getting what is called "low capital investment."

In a nutshell, Lim describes low capital investors as "companies abroad coming in, renting a space, some of them maybe rent for the longer term, but it's basically renting a space" like business process outsourcing (BPO) companies.

While the Philippines is not going to lose all investments, it is not getting long-term investments such as car manufacturing facilities, for example.

"We are losing out on that kind of investment," Lim said.

"I think it's exaggerated to say no investor will now come to the Philippines, but for the investors who care about the longer term, about stability of rule of law, this is... a negative," he added. 

Start dialogue but insulate institutions

The problem of instability is not unique to the Philippines. But what sets the country apart is that other Southeast Asian countries like Thailand – which has been unstable for so long – is that they have been able to insulate bureaucracy and institutions from politics, according to Lim. 

"How do we insulate our institutions from politics? The Supreme Court is the institution that is supposed to resolve disputes, so we have to insulate it from politics," he said.

"Unfortunately, with what has happened over the past 15, 20 years, starting with maybe as far back as the impeachment of [former president Joseph] Estrada, the perception of the Supreme Court being insulated from politics has degraded."

Lim suggested that the Duterte administration start a dialogue that would pave the way for more understanding and less conflict.

"Calling each other names doesn't help the country and it filters into this whole story of perception of what's happening in the country," he said.

"We must learn from the lessons of other countries. There are a lot of parallels and for us, we have to look outside where we are and see how these other countries solved these problems." – Rappler.com

FACT CHECK: De Lima's 'Bilibid transfer' not mentioned in video in blog post

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Claim: Senator Leila De Lima will be transferred to Bilibid prison, and Bureau of Corrections (BuCor) Director General Ronald “Bato” Dela Rosa is excited about it.

The blog phslidenews.top ran the headline “Sa Wakas! De Lima Ililipat sa Bilibid, Bato Dela Rosa Excited Na!” (Finally! De Lima Will Be Transferred to Bilibid, Bato Dela Rosa is Excited Already!) on their May 19 blog post with a YouTube video uploaded by Pro Duterte Ka Ba? as its sole content.

The blog post was shared with 5 different Facebook pages and groups garnering more than 2,000 likes and reactions. The same claim was also published by kantonewsph.xyz, dailydu30.info, and du30gov.com (the last blog claimed, however, that Dela Rosa was going to take care of her instead).

Rating: FALSE

The Facts: The embedded source video does not at any point mention De Lima transferring to New Bilibid Prison in Muntinlupa nor Dela Rosa feeling excited about it.

The detained senator filed on May 15 a Very Urgent Motion for Furlough (to take a leave) before the Muntinlupa Regional Trial Court Branch 205 and 206 to attend the graduation ceremony of her youngest son Vincent Joshua Bohol on June 3. Bohol will be graduating with a law degree at San Beda University.

The video shows De Lima’s legal counsel Atty. Boni Tacardo telling reporters the details of the hearing. There was no mention of a transfer or Dela Rosa, the recently appointed BuCor Director General.

There are no news articles reporting any comment from Dela Rosa regarding De Lima’s recent hearing.

De Lima, a staunch critic of President Rodrigo Duterte’s brutal campaign against illegal drugs, was arrested on February 24, 2017 over the 3 drug-related charges filed against her. These charges were: she allegedly extorted money from Bilibid inmates, tolerated the “widespread” drug use inside the NBP, and wielded influence over top drug lord and inmate Peter Co. She is still awaiting for her arraignment after it was postponed last March 16.

According to Tacardo, her arraignment by Muntinlupa RTC Branch 206 was reset to June 22 after her camp filed a Motion to Quash. Meanwhile, RTC Branch 205 reset her arraignment to August 10.

While undergoing trial, De Lima is now detained in the PNP Custodial Center in Camp Crame.

According to BuCor’s website, only convicted offenders are sent to Bilibid.- Miguel Imperial / Rappler.com

FACT CHECK: No Sereno admission of 'order' from Robredo in blog post video

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Claim: Ousted Supreme Court Chief Justice Maria Lourdes Sereno supposedly admitted that Vice President Leni Robredo instructed her to call for the resignation of President Rodrigo Duterte.

A blog post by kantonewsph.xyz on May 20 ran the headline, "Nabuking! Bulgaran na Ito, Sereno Inaming si Leni Robredo Nag-utos sa Kanya na Manawagan Paresign si Duterte" (Exposed! This is Blatant, Sereno Admitted Leni Robredo Told Her to Call for Duterte to Resign).

The post contained only a YouTube video uploaded by Tatay Duterte News. In the video, vocal Duterte supporter Dante Maravillas shared his thoughts on Sereno calling for Duterte to step down.

The blog post was shared by 16 Facebook groups and pages. The same claim was also posted in at least 3 other blogs: newsinph.tk, newsglobal.top, and dutertelegacy.news.

Rating: FALSE

The facts: The embedded video did not mention such an admission from Sereno, contrary to what is stated in the blog post headline. 

The video was taken from Maravillas' Facebook Live discussion on May 18, where he talked about Sereno's "Duterte resign" call, the opposition's bid to impeach the 8 Supreme Court justices who granted the quo warranto petition that led to Sereno's ouster, and the plan of some senators to review the SC decision on Sereno.

Among others, Maravillas thinks the opposition's "script" of urging an embattled personality like Sereno to go against Duterte is already a "broken record."

He then played a portion of an audio recording of Sereno's speech on May 17 where she called for Duterte to resign.

However, Maravillas did not explicitly mention in the embedded video that Sereno "admitted" to an order from Robredo. The portion of Sereno's speech that was played in the video also did not contain the same admission.

This blog post joins other false articles that embed just an opinion video, then make a misleading claim in the headline, even if it isn't mentioned in the video. – Michael Bueza/Rappler.com

Duterte: Declaring martial law from Russia leaves 'dent' in my record

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DUTERTE'S DECISIONS. President Rodrigo Duterte inspects firearms surrendered by the ISIS-Maute Group in Marawi. Malacañang photo

Last Wednesday, May 23, the Philippines not only commemorated the one-year anniversary of the Marawi crisis but also the anniversary of President Rodrigo Duterte's declaration of martial law in Mindanao.

Duterte, the day before, had a chance to reflect on this during a speech to Philippine Navy officials.

The President said declaring martial law from outside the country was a "painful" experience that will leave a mark on his legacy as president.

"That is a painful realization, to be signing something about your country, about the safety of your country, about the safety of the people and to give the orders outside of the Republic of the Philippines," he said in front of soldiers.

"I would say that it leaves a dent in my own history, when I go out of government service," he added.

Duterte had just arrived in Moscow, Russia for a much-awaited official visit when the Marawi siege began. 

Within hours of arriving, Duterte decided to declare martial law in Mindanao, a decision announced during a press conference with Philippine media.

Barely 24 hours in Russia, Duterte and high-ranking officials departed for home to call an emergency command conference on the unfolding Marawi crisis.

There have been mixed reactions to the martial law declaration, with some praising Duterte's swift action and others saying it was unnecessary and could set the stage for abuse of powers. 

A year later, portions of Marawi remain devastated even as government is working on its reconstruction. Martial law remains in place after Duterte got Congress and even Supreme Court approval for its declaration and its repeated extension.

After two extensions, martial law in Mindanao will last until the end of 2018.– Rappler.com


Calida firm bags P150M in deals from gov't, including DOJ

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GOVERNMENT CONTRACTS. Solicitor General Jose Calida's security firm Vigilant wins contracts from government agencies, including the Department of Justice. File photo of Calida courtesy of Malacañang

MANILA, Philippines – Solicitor General Jose Calida's family-owned security firm has bagged P150.815 million in contracts from 6 government agencies, including the Department of Justice (DOJ), since he became the Philippine government's top lawyer. 

Calida's company, Vigilant Investigative and Security Agency Incorporated, won 10 government contracts between August 2016 and January 2018, based on award notices accessed by Rappler.

Two of these contracts, worth P12.4 million, were with the DOJ, which prepares the budget of the Office of the Solicitor General (OSG). Vigilant bagged them in 2017.

Calida, however, denied any conflict of interest. He said he resigned as chairman and president of Vigilant on May 30, 2016, or before he assumed office at the OSG in July of the same year.

Vigilant notified the Securities and Exchange Commission (SEC) on July 14, 2016, that Calida resigned as president and chairperson of the company effective June 30, 2016. 

The notification said the Solicitor General's wife, Milagros Calida, was its new president and chairperson. Their son, lawyer Josef Calida, was its vice president and corporate secretary. Their daughter Michelle was its treasurer. 

However, SEC documents also show that Calida still owned 60% of shares in the company as of September 29, 2016.

This was at least two months after he took his oath as Solicitor General in July 2016.

Vigilant has no shareholders other than Calida and his immediate family. Based on their General Information Sheet (GIS) at the SEC as of September 29, 2016, Calida owns 60% of the company's shares, Milagros has 10%, and their 3 children Josef, Michelle, and Mark Jorel each have 10%.

The company's GIS on September 29, 2016, was its last publicly available GIS. The GIS is a document that a company is required to submit to the SEC every year to reflect the firm's structure and ownership.

Calida, in his latest statement sent to the media, does not categorically deny that he still has shares in Vigilant. 

A complaint recently filed with the Office of the Ombudsman alleged that Vigilant's contracts violate Republic Act (RA) 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees. Calida said the contracts were in line with RA 6713. 

Two legal experts told Rappler that Calida's case can be seen in the light of the recent indictment of Davao del Norte 2nd District Representative Antonio Floirendo Jr. The Ombudsman charged Floirendo for violating not RA 6713, but RA 3019 or the Anti-Graft Law. This was because Floirendo allegedly had financial interests in the government contract of a family company. 

Government contracts

CONTRACTS. Documents show the notice of award and contracts given to Vigilant by the National Anti-Poverty Commission and the National Parks Development Committee.

In its contracts with government, Vigilant was tasked to provide security guards and other security requirements for the government agencies.

Details of Vigilant's contracts can be found in the Philippine Government Electronic Procurement System (Philgeps), a public database that should contain all details of a bidded out project. 

Award notices posted on Philgeps show that Vigilant has won 10 awards from 6 government agencies since August 2016. 

Of these 10 award notices, Vigilant won 9 after Calida became Solicitor General.

One of Vigilant's contracts was also posted on the website of the National Anti-Poverty Commission (NAPC), bringing to 10 the number of contracts won by Vigilant after Calida took the helm of the OSG.

Here is the list of the 6 agencies that awarded 10 contracts to Vigilant starting 2016:

  1. National Economic and Development Authority or NEDA (1 contract)
  2. Philippine Amusement and Gaming Corporation or Pagcor (3 contracts)
  3. National Anti-Poverty Commission or NAPC (1 contract)
  4. National Electrification Administration or NEA (1 contract)
  5. Department of Justice or DOJ (2 contracts)
  6. National Parks Development Committee or NPDC (2 contracts)

From these government contracts, Vigilant earned P150.815 million in two years.

Vigilant's biggest contracts were those from Pagcor: P15 million in September 2016, P43.9 million in December 2016, and P23 million in March 2017. 

The contracts involve security services for Pagcor's corporate offices and facilities, the Casino Filipino-Pavilion, and its satellite operations group. The contracts all last for 3 years.

Details

Vigilant won the contracts with Pagcor, NEDA, NEA, DOJ, and NPDC through public bidding, based on the award notices posted on Philgeps.

The NAPC project does not come up on Philgeps. There is, however, a notice of award dated August 18, 2016, uploaded on the NAPC website, showing it has awarded a P2.8-million project to Vigilant. 

Vigilant got most of the projects for submitting the lowest calculated bid.

The DOJ initially rejected the bid of Calida's company. Vigilant had to appeal to get the P5.6-million contract in January 2017, half a year after Calida started heading the OSG. 

The DOJ granted its motion for reconsideration, as indicated in the notice of award on Philgeps.

The DOJ secretary back then, Vitaliano Aguirre II, said he remembers that Vigilant's bid was "invalidated" the first time. But he claimed he was never involved in this.

In a text message to Rappler, Aguirre said: "I don't even know that it is his company. If I remember it right, when it won in the bidding the first time, it was invalidated. I don't know what the DOJ Bids and Awards Committee was thinking. I did not interfere in these biddings."

When we sought his legal opinion on whether this constitutes conflict of interest, Aguirre said: "I can't answer you. I have to know all the facts for me to form an intelligent and correct opinion."

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Conflict of interest

Is there conflict of interest when the company of a Cabinet-rank official wins millions of pesos in government contracts?

Rappler reached out to Calida and his OSG spokesperson for comment on this story, but we got no response.

In a statement sent to ABS-CBN News on Saturday evening, May 26, however, Calida addressed the two NPDC contracts, and said he resigned as chairman and president of Vigilant before he took office.

Calida said that under RA 6713, a public official shall resign from his position and/or divest himself of his shares in a private company "when a conflict of interest arises."

Vigilant's latest publicly available SEC papers as of September 29, 2016, show that Calida still owns 60% of its shares. Calida did not say in his statement whether or not he divested, but highlighted "and/or" as if to stress that only one of the conditions must be met.

"Clearly then, SolGen Calida complied with Section 9 of RA 6713 when he resigned as chairman and president of Vigilant before he assumed office as Solicitor General," the statement said.

All 9 notices of award on Philgeps, excluding NAPC, listed Calida as the "contact" to Vigilant. In the latest DOJ contract, Calida's wife Milagros signed as the president and chairperson. Undersecretary Raymond Mecate signed for the DOJ.

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Related case

Calida explained in his statement that RA 6713 prohibits public officials from having financial interests in any transaction requiring the approval of their office.

"The OSG does not regulate, supervise, or license security agencies like Vigilant," the statement said.

There is a case, however, that cites another law for a similar situation.

Recently, Ombudsman Conchita Carpio Morales charged Davao del Norte 2nd District Representative Antonio Floirendo Jr for having financial interests in transactions with government.

Morales cited not RA 6713 or the Code of Conduct and Ethical Standards, but RA 3019 or the Anti-Graft Law.

The Floirendo family-owned Tagum Agricultural Development Company (Tadeco) has a lease with the Davao Penal Colony (Dapecol) under the Bureau of Corrections.

In her indictment, Morales said Floirendo violated Section 3(h) of the Anti-Graft Law, which prohibits "directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest."

Floirendo argued that he was not involved in any of the negotiations, and did not receive benefits from his relatives who earned from the deal.

But Morales said Section 3(h) is divided into two: (1) intervening in his official capacity or (2) violating a constitutional prohibition.

Morales said Floirendo violated the second mode, because according to Section 14, Article VI of the Constitution, members of Congress cannot have direct or indirect business interests in any contract with government.

This constitutional provision states:

Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office.

Section 13, Article VII of the Constitution prohibits members of the Cabinet from doing the same:

They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

Calida is already facing a complaint before the Office of the Ombudsman over some of Vigilant's contracts. The complainant, Jocelyn Acosta of the group Silent Majority, which supported the Liberal Party ticket in 2016, challenged Calida to show his Statements of Assets, Liabilities, and Net Worth (SALNs) to the public.

"Calida's interest in Vigilant was stated in his SALN when he assumed office," the OSG statement said.

Rappler has requested copies of Calida's SALNs from Malacañang. Its records division said on Friday, May 25, that it is processing the request. – Rappler.com

FACT CHECK: Sotto did not endorse Sara Duterte as her father’s replacement

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Claim: The blog kantonewsph.xyz ran a post on Thursday, May 24 claiming that Senate President Vicente Sotto III said Davao City Mayor Sara Duterte was the only deserving replacement of her father, President Rodrigo Duterte.

The blog published the post with the headline “Watch: Inday Sara Lang ang Karapatdapat Pumalit kay kay Duterte Ayon kay Sotto” (Watch: Inday Sara is the Only One Deserving to Replace [President] Duterte according to Sotto).

The post leads to a YouTube video of Sotto speaking during his May 24 press conference at the Philippine Senate. It was uploaded by an account with the username "Pro Duterte Ka Ba?”

The blog post was shared with 13 different Facebook pages and groups which have a total of 2,824,794 followers. Within these groups, this claim has generated 10,366 in total interactions. 

The same claim was also published by at least 9 other blogs namely federalism.ml, dutertenewstoday.com, changeiscoming.ml, newzflash.info, pinas.info, phnewsaccess.top, pinoynewsportal.info, du30tribune.ml, and dailynewsph.ga.

Rating: FALSE

TheFacts: Sotto did not say Sara Duterte was the only deserving replacement for her father, President Duterte, at any point during the Kapihan sa Senado on Thursday, May 24.

During the press conference, Sotto discussed the reimposition of the death penalty bill but for “high-level” drug trafficking only. For other crimes, he said that the bill should be studied first.

Sotto also said that the Congress could make a “conservative but well-crafted proposal” for the Bangsamoro Basic Law.  

However, during the weekly Kapihan sa Senado last April 26, Sotto said the Nationalist People’s Coalition would endorse Sara Duterte during the 2019 senatorial elections. (READ: ‘Friends of the party’ in initial NPC senatorial lineup)

Explaining the party’s choice of candidates, Sotto said, “[These are] The people we think are needed in the Senate and they are more or less in line with the objectives and ideals of the NPC.”

Kantonewsph.xyz has previously published misleading, if not false, news articles. For instance, a post published last May 20 post claimed Vice President Leni Robredo ordered former Chief Justice Maria Lourdes Sereno to call for Duterte’s resignation. This claim was checked and proved false by Rappler. 

The site also does not have a profile, masthead, and bylines for its articles. It has a disclaimer for each article saying it does “not own any of the soundtrack, property and rights for audio/ video.”

Rappler has observed a pattern in recent weeks where several sites also known for publishing misleading or false claims also employed the same tactic: a post with an alarming headline is attached with a video that does not support the claim.  – Miguel Imperial/Rappler.com

If you suspect a Facebook page, group, account, a website, or an article is spreading false information, let Rappler know by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.

 

Piolo Pascual, JM de Guzman grace PNP's #RealNumbersPH event

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GUESTS. Piolo Pascual and JM de Guzman at the #RealNumbersPH anniversary briefing. Photos by Rambo Talabong/Rappler

Fans normally see celebrities Piolo Pascual and JM de Guzman in one place only during showbiz awards nights and perhaps high-profile parties.

But on Tuesday, May 29, the two stood in the same room – inside the central police headquarters, Camp Crame.

The two were guests at the #RealNumbersPH conference. Real Numbers is campaign running for two years now, launched by the Philippine National Police to give the public what it claims to be the real count of casualties in relation to the Duterte administration's anti-drug campaign.

According to the latest government record, over 4,000 drug suspects have been killed in police operations after President Rodrigo Duterte assumed office in July 2016. At the same time, the government has confiscated illegal drugs valued at least P13.46 billion.

Human rights groups, however, have counted about 20,000 drug-related deaths under Duterte, building on the initial count that the PNP itself had released to the media in the earlier months. The PNP later changed its classifications of deaths so that the tally now shows only about 4,000 died in police operations while 16,000-plus deaths are "under investigation."

Tuesday's conference was supposed to be a briefing between police officials and PNP beat reporters regarding consolidated numbers on the government's anti-drug campaign. The effort began in late 2016, after the government dismissed independent tallies made by news organizations and human rights groups.

At around 2:45 pm, however, Pascual and De Guzman arrived at the police camp's packed multipurpose center. They were surrounded by aides and cops who blocked guests who attempted to take selfies with the celebrities.

According to the forum's program, De Guzman was set to give a testimony, while Pascual was lined up for a performance.

It is unclear how much the government spent for the appearance of the two celebrities. In some instances, celebrities appear for free in government events if they believe in the administration's thrusts.

The event was hosted by Presidential Communications Operations Office Assistant Secretary Mocha Uson and Department of the Interior and Local Government Assistant Secretary Ricojudge Echiverri. – Rappler.com

Gov’t database shows additional P110M contracts for Calida firm

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GOVERNMENT CONTRACTS. Solicitor General Jose Calida's security firm Vigilant wins contracts with big agencies such as the House and Representatives and Pagcor. File photo by Franz Lopez/Rappler

MANILA, Philippines – The House of Representatives awarded two contracts worth P96 million in 2017 to the security firm of Solicitor General Jose Calida, according to the notices of awards accessed by Rappler.

A more thorough search on the public database Philippine Government Electronic Procurement System (Philgeps) also showed two additional contracts awarded to Calida’s Vigilant Investigative and Security Agency Incorporated by the Philippine Amusement and Gaming Corporation or Pagcor in 2017. These two contracts were worth a total of P14.3 million.

Adding the latest we have found in the government database, the number of Vigilant’s government contracts since after Calida took office July 2016 is now at 14, with a total worth of P261.39 million.

Rappler earlier reported that Calida’s security firm Vigilant Investigative and Security Agency Incorporated won 10 government contracts worth P150.815 million starting August 2016, or after Calida became solicitor general.

Here are Vigilant's contracts with government agencies so far:

  • 5 contracts with the Philippine Amusement and Gaming Corporation (Pagcor)
  • 2 contracts with the Department of Justice (DOJ)
  • 2 contracts with the House of Representatives 
  • 2 contracts with the National Parks Development Committee (NPDC)
  • 1 contract with the National Economic and Development Authority (NEDA)
  • 1 contract with the National Anti-Poverty Commission (NAPC)
  • 1 contract with the National Electrification Administration (NEA)

Rappler found the first 10 contracts when it searched for Vigilant on Philgeps. Rappler had to check individual pages of government agencies to find the additional 4.

Since the issue of possible conflict of interest broke out, Calida's camp had sent two statements: one addressing the government contracts from NPDC, which were earlier reported, and the latest one on Monday night, May 28, addressing the 10 contracts which were reported by Rappler.

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House, Pagcor contracts

Vigilant, where Calida is a majority shareholder, earned the first security contract with the House of Representatives in January 2017. It was worth P42.45 million, for “private security services” lasting a year. It was won through public bidding, by being the lowest calculated responsive bid.

In December 2017, Vigilant won another contract with the lower house, this time worth P53.7 million. It was a one-year contract for “security services for the House of Representatives” for 2018.

The December 2017 House contract was signed by Calida’s wife Milagros. Calida had earlier defended that his resignation as chairman and president of Vigilant before he became solicitor general rids the deals of any conflict of interest.

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Calida still owns 60% of shares, while the rest is evenly spread out among his wife and their 3 children.

In May 2017, Vigilant bagged an P8.5-million contract lasting 3 years to provide security for the Pagcor’s Satellite Operations Group or SOG 4. 

In July 2017, Vigilant bagged another P5.8-million contract from Pagcor for the security of SOG 3, also lasting 3 years. Both of Pagcor's contracts were won through public bidding by being the single calculated responsive bid.

No conflict?

Justice Secretary Menardo Guevarra said on Tuesday, May 29, that he does not see the need to investigate Calida’s contracts with the DOJ. The OSG is an attached agency to the DOJ when it comes to budget.

“There's no challenge to the validity of the contract. So there's no need to investigate or review,” Guevarra said.

Guevarra added: “The issue revolves around the Solgen being a shareholder of a private security agency. That ownership issue has no direct bearing on the validity of the contract.”

In his earlier statement, Calida said there is no conflict of interest in his firm bagging DOJ contracts because the Office of the Solicitor General (OSG) is "independent and autonomous" except only when it comes to budget, which the DOJ prepares for them.

Calida also said earlier that the Code of Conduct for Public Officials requires that he resigns or divests, but not both.

“That he has not yet divested his interest in said enterprise is of no moment since the requirement of the law is either to resign from the management of the enterprise and/or divest himself of his interest in it,” Calida’s camp said in its Monday statement.

Calida added that the anti-graft law also does not prohibit his firm’s government contract, saying that, under the Constitution, only members of the Cabinet are prohibited from having financial interest in government transactions.

“Although he is conferred Cabinet rank by RA 9417 and is invited to Cabinet meetings by the President, he does not head an executive department and his appointment, unlike those of Cabinet members, did not require Commission on Appointments confirmation,” the statement said.

complaint against Calida over Vigilant’s government contracts has been filed by a private citizen with the Office of the Ombudsman. Opposition lawmakers have called for his resignation. – Rappler.com

Trillanes, Jing Paras face off at Senate

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FACE-OFF. Opposition senator Antonio Trillanes IV and Labor Undersecretary Jing Paras at the Senate.

It was the first time they met and sparks sure did fly.

Opposition senator Antonio Trillanes IV and administration supporter Labor Undersecretary Jing Paras faced off at the Senate on Tuesday, May 29.

Paras was at the Senate to attend a hearing on overseas Filipino workers' affairs, while Trillanes attended the session.

The senator said he approached Health Secretary Francisco Duque III on the floor. He was surprised that Paras was there, wanting to shake his hand.

"Babatiin ko si Secretary Duque at kinamayan ko siya, then suddenly itong si Paras ay gusto akong kamayan. So sinabi ko sa kanya: 'Ang lakas ng loob mo, kinasu-kasuhan mo ako tapos makikipagkamay ka sa akin?'" Trillanes told reporters.

(I was about to greet Secretary Duque and I shook his hand, then suddenly Paras came up and wanted to shake my hand. So I told him: "You have the gall to shake my hand after suing me?")

"Tapos later on, ando'n si Senator [Juan Miguel] Zubiri. Sinabi ko sa kanya (Paras), kung ganyan kayo, siguraduhin 'nyo lang panghabangbuhay na nasa poder ng kapangyarihan si Duterte," he added.

(Then later on, Senator Zubiri arrived. I told Paras that if they act like that, they better make sure that Duterte will be in power forever.)

Trillanes, a fierce critic of President Rodrigo Duterte, faces sedition charges stemming from Paras' complaint over the senator's privilege speech. In that speech, Trillanes had accused Duterte of amassing ill-gotten wealth.

Last March, following the case against Trillanes, 19 senators filed a resolution calling for protection of Senate speeches. They cited the 1987 Constitution, which states that "no member [of Congress] shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof."

Trillanes, citing Paras during their meeting, said the labor official responded by saying it was just his job.

"Talagang walang basehan at all.... Tapos akala niya okay lang? Sabi niya trabaho lang daw niya 'yun. Sabi ko, anong trabaho 'yan?" Trillanes said.

(The case has no basis at all. And now he thinks it's just fine? He said he was just doing his job. I told him, what kind of job is that?)

A few hours before the encounter, Akbayan Representative Tom Villarin, also an opposition lawmaker, filed a complaint against Paras for allegedly trying to steal his iPhone X worth P74,000, an accusation that Paras denied.

Prior to being appointed to the Department of Labor and Employment (DOLE), Paras was a former lawmaker. He is also a lawyer and a member of the Duterte-allied Volunteers Against Crime and Corruption, which is known for filing cases against Duterte critics. (READ: From 'Gang of Five' member to VACC lawyer: Who is Jacinto 'Jing' Paras?) – Rappler.com

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