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Past attempts at a national ID system: A battleground of privacy, executive power

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OVER THE YEARS. Several presidents initiated efforts to establish national ID systems.

MANILA, Philippines – Previous presidents and Congresses have attempted to implement some form of a national ID system, but such attempts have been met with budget issues, legal troubles, and poor public support. 

The system has also been the center of debate concerning privacy and data security. (READ: What you need to know about the proposed national ID system

In a paper published by the Foundation for Media Alternatives (FMA), proponents often cited less friction in the availment of government goods and services, greater economic and social inclusion of previously undocumented citizens, and greater ability of the government to respond to public safety and terrorism issues.

Those against the national ID system, meanwhile, cite the potential abuses of power a database of personal information might facilitate: the availability of information gives the government more tools for discrimination, state oppression, and surveillance. 

A majority of administrations, beginning in the Marcos era, have looked favorably on a national ID system. Each attempt, however, has ultimately ended in failure, and most with little to show. 

Here is a rundown of all noteworthy attempts to implement a national ID system: 


Marcos Administration 

How its implementation was attempted: Former president Ferdinand Marcos, one year into Martial Law in 1973, signed Presidential Decree No. 278, which mandates the creation of a "national reference card system". 

Why they tried to implement it: The decree cited insurance of national security, the increased ease of conducting transactions requiring government ID, and the need to consolidate all distinct ID systems. 

What were the key points: All Filipino citizens and foreign nationals living in the Philippines were to be assigned a reference number for identification. No details were given on what information was to be collected, and how the privacy of this information was to be secured.

What came out of it: Marcos in 1980 released Executive Order 630 which established a national identification system committee to work on how to properly implement PD 278.


Ramos Administration

How its implementation was attempted: Former President Fidel V. Ramos signed Administrative Order No. 308 in December 1996, mandating the creation of a computerized national ID system. 

Why they tried to implement it: It cited the need to increase the ease of availing basic services, social security, and other government provisions. It also indicated how a national ID system would be able to reduce the number of fraudulent transactions by people abusing government services. 

What were the key points: Perhaps recognizing the times, Administrative Order (AO) No. 308 specifically called for a national ID system that was to be computerized, with biometric data as part of the information collected.

A new ID number, called the Population Reference Number, was also to be generated by the National Statistics Office (now under the Philippine Statistics Authority). Beyond this, scarce details were provided in AO No. 308 on the particulars of the mandated national ID system. Instead, the administrative order called for the creation of an inter-agency committee, to which the responsibility of devising the guidelines and details of the system was deferred. 

What came out of it: After the order was signed by Ramos, a petition was filed with the Supreme Court by then senator Blas Ople, contending that the administrative order violated the right to privacy enshrined in the 1987 Philippine Constitution and that the creation of a national ID system required a legislative act.

The High Court ruled in favor of the petition in July 1998.

Penning the majority decision, then associate justice Reynato Puno agreed that the provisions of the order were beyond the powers of the executive branch so that legislation was needed. Puno also affirmed that the national ID system, as described in the order, encroached on privacy rights protected by the Constitution and Bill of Rights.

Thus, even if the provisions of AO 308 fell within the purview of executive powers, the government needed to show both that there existed compelling state interest for the order, and that its implementation was narrowly defined in addressing the said interest. Puno argued the national ID system, as outlined in the order, severely failed to achieve the latter, opening up the possibility of abuses of power against constitutional rights. 


Arroyo Administration

How its implementation was attempted: Former president Gloria Macapagal Arroyo signed Executive Order No. 420 in April 2005, calling for all government services to consolidate their identification systems. 

Why they tried to implement it: The order cited the high costs of redundant ID systems in government, and the inconvenience it imposed on individuals. It also pointed to greater ease in conducting private business, the increased accountability and reliability of government services, and the ability to thwart law violations related to false identities.

While not expressly stated in the executive order, many government officials at the time also cited the threat of terrorism as an important consideration.

What were the key points: The executive order limited the information gathered to 14 types of information, of which the first 5 that were enumerated and the individual’s fingerprints were to appear on the unified ID card. 

EO 420 did not mandate the inclusion of all Filipino citizens in the new ID system: only those already in possession of an ID card of any sort were to be affected. 

The executive order outlined several guidelines meant to safeguard the privacy rights of individuals; of these, the most significant were the provisions that only the 14 types of information collected were to be stored by the government, and that all data was strictly confidential. 

What came out of it: The Arroyo administration implemented EO No. 420 through its creation of the Unified Multi-Purpose ID system in 2010.

UMID is a currently accepted ID system available to members of SSS, GSIS, PhilHealth, and the Pag-IBIG fund. However, as Senator Ping Lacson noted in his sponsorship speech for a national ID system bill waiting for President Rodrigo Duterte's signature, less than 20% of the population is currently enrolled in the program.

But Kilusang Mayo Uno and other concerned parties filed a petition with the Supreme Court arguing on the unconstitutionality of the executive order. In April 2006, the Supreme Court ruled against the petition, upholding the constitutionality of EO No. 420. 

As opposed to AO No. 308, SC Associate Justice Antonio Carpio argued that the executive order was not a usurpation of legislative power because it did not require the appropriation of funds. Its provisions only affected executive agencies and those already in possession of some form of ID, and the data collected did not extend beyond what was routinely sought. 

He pointed out that the order was ultimately a standardization of executive ID systems, and not a true national ID system. Carpio also did not believe that the executive order violated any privacy rights, arguing that the 14 kinds of information to be collected were routine, and were even a reduction when compared to other government ID systems. – Rappler.com

Cesar E. Garcia is a Rappler intern. He studies Political Science at the University of British Columbia.


Ahead of a decision, Supreme Court removes Sereno from website

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REMOVED. Supreme Court removes from its website ousted chief justice Maria Lourdes Sereno.

The Supreme Court is moving on. 

Although it has yet to decide on Maria Lourdes Sereno’s appeal questioning her ouster last May 11, the High Court has already removed the former chief justice from its website.

The spot for the chief justice is now without a photo and a name. The last cached version of the page which still showed Sereno was Wednesday, June 6.

On Friday, June 8, the Supreme Court celebrated its 117th anniversary with Acting Chief Justice Antonio Carpio delivering the key address.

In an interview with reporters, Carpio said the Supreme Court and the public must now move on after the controversial ouster of Sereno.

“I belong to the minority. I lost but that’s it. I mean, you win, you lose, but we are governed by the rule of the majority. That’s how democracy works. Whether it’s correct or wrong we just have to accept it because that’s how we can move on,” Carpio said.

Court insiders said the en banc is set to vote on Sereno’s appeal on June 19. (READ: The Supreme Court post-Sereno: Better off or not?)

Carpio was among the 6 dissenters who said the quo warranto ouster is not the proper remedy to remove an impeachable official like Sereno. They were outvoted 8-6.

The decision has since sparked public uproar, with the loudest noise coming from lawyer groups.  The strong reaction now seems to have come at a cost because during the oath taking of new lawyers, Associate Justice Lucas Bersamin said “unbounded” criticism of the Court can be a ground for disbarment.

Carpio was more sober.

“We are used to that because every big case in SC is controversial. Both sides go to media to project their position. So we’re used to that already,” Carpio said.

Carpio added: “The Supreme Court is an institution. We are functioning normally. We’ve been deciding cases normally, we’ll be holding oral arguments normally, so we are doing our work normally.”

Meanwhile, Sereno said she would like to initiate a movement of sorts for judicial reform. Plans for these are not yet concrete.

When asked whether she would consider running for the Senate, Sereno just often says it is something that needs to be thought about and prayed for. – Rappler.com

FACT CHECK: Duterte's reaction to Canada helicopters deal taken out of context

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Screengrab of a June 4, 2018 projectjurisprudence.com blog post claiming President Rodrigo Duterte said he will use the helicopters "to kill Filipinos if I want to."

Claim: President Rodrigo Duterte said in his speech that he will use the helicopters from Canada to “kill Filipinos if I want to.”

The blog projectjurisprudence.com in its June 4 post ran the headline, “DUTERTE: STUPID CANADIANS! I WILL USE HELICOPTERS TO KILL FILIPINOS IF I WANT TO.”

As of June 8, the post has been shared with and by a Facebook page and group, both of which are critical of the administration. The Facebook page and group concerned have a total of 676,652 followers. Within these, the post generated 1,416 total interactions.

Rating: MIXED

The facts: The headline took Duterte’s statement out of context. In Duterte's June 3 speech which the blog post referred to, he said he will use the helicopters against Filipinos who are "trying to overthrow the government.” He was talking about the New People’s Army (NPA) and Moro rebels.

The post discussed Duterte’s speechbefore the Filipino community on June 3 in Seoul, South Korea. Duterte recalled his scrapped$235-million helicopter deal with Canada, which wanted to review the contract, following concerns of Canadian Prime Minister Justin Trudeau that the helicopters would be used against Filipino citizens.

Duterte then called Canada “stupid” for expecting him to use the aircraft vessels for humanitarian and utility purposes only.

"Sabi ko, look and Canada is listening, if you are not you know – my citizens are joining the New People’s Army, the communists and they are fighting government and killing my soldiers and my policemen. At ang civilian and it is a dirty war and people are dying.‘Yung iba naman, ang mga kapatid kong mga Moro, lumipat doon sa mga terorista at pumunta nga sa Marawi, nakipag-giyera. How stupid can you… Bakit mo sabihin na I cannot use it against my own citizens when there are citizens in my country trying to overthrow my government?” said Duterte.

He also made similar comments in at least one previous occasion.  

During the General Assembly of the League of Municipalities of the Philippines on March 20 in Manila, he explicitly said “we have every right to kill our citizens” but still within the context of fighting insurgents.

In this speech, he also recalled the scrapped Canada deal. Supposedly, the Canadian government said the helicopters should not be used "for military or punitive actions by the police". Duterte then said, “My God, you Canadians how stupid can you get? Our citizens are joining the ISIS so we have every right to kill our citizens because we do not want to destroy the community with apathy.”

The government instead chose China and Russia, and recently, South Korea, to buy defense helicopters from, after cancelling the Canada deal in February.

The full transcript of the March 20 and June 3 speeches are available on the website of the Presidential Communications Operations Office (PCOO).

The blog projectjurisprudence.com was founded on May 5, 2017. Its content is about “Philippines laws, jurisprudence, government and politics.” It also has a section for audio reviewers for law students and professionals. – 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.

Rappler Talk Investigative: Former ambassador Luis Cruz on U.S.-North Korea summit

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Bookmark this page to watch and join the discussion live on Monday, June 11, at 1 pm

MANILA, Philippines – The stage is set for the historic meeting between United States President Donald Trump and North Korean leader Kim Jong-un on Tuesday, June 12, after turbulent days of diplomatic brinkmanship.

The summit is considered as one of the biggest geopolitical events in recent history. Just a year ago, Trump and Kim were trading war threats and insults after Pyongyang tested its most powerful nuclear weapon to date.

But recent developments indicate the reclusive North Korea may be opening up, with Kim even announcing they would halt nuclear tests and intercontinental ballistic missile launches.

On Monday, June 11, Rappler's editor-at-large Marites Vitug speaks to former ambassador to South Korea Luis Cruz on the importance of the summit, as well as what it means to the Philippines and the rest of Southeast Asia.

Cruz was appointed as ambassador to South Korea in 2008 and has been posted in various Asian countries. Prior to his assignment as ambassador, he took on several roles in the Department of Foreign Affairs (DFA), including director general for ASEAN affairs, among others.

Join the discussion on Monday at 1 pm. – Rappler.com

Roilo Golez: Defender of the West Philippine Sea

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MANILA, Philippines – A naval officer through and through, former national adviser Roilo Golez was supposed to give an interview on maritime disputes when he passed away on Monday, June 11. 

He was 71. 

Born on January 9, 1947 in Looc, Romblon, Golez was the son of a Philippine naval captain.

He was part of class 1970 of the United States Naval Academy where he majored in mathematics and operational analysis. Back in the country, Golez earned a Master in Business Administration (MBA) degree from the University of the Philippines.

He was a former navy officer, serving as deputy administrator of the Maritime Industry Authority from 1978 to 1981, before becoming postmaster general under the Marcos administration from 1981 to 1986.

Afterwards, Golez was elected representative of Parañaque City – back when it had only one legislative district – for 6 terms from 1992 to 2001. In 2004, he was elected representative of the city’s second district.

During his legislative years, Golez was part of House committees on national defense and on public order and security. He was the head of the House contingent to the Commission on Appointments during his last term as congressman. 

In between his stint at the House of Representatives, Golez served as the national security adviser under the Arroyo administration from 2001 to 2004.  

BRIEFING. Former national security adviser Roilo Golez briefs US Representative Dana Rorabacher, a senior member of the US international relations committee, before taking off from an air base in Manila in 1998 to inspect the Philippines-claimed Mischief Reef in the Spratly Islands. File photo by Ernie Sarmiento/AFP

For the West Philippine Sea 

Golez was a strong and vocal defender of the West Philippine Sea (WPS). 

According to a Newsbreak profile in 2002Golez’s concept of security is anchored on fundamentals: good relations with neighbors, minimizing irritants with them, engaging China, and expressing views when there are perceived excesses.

This is perhaps why the former national security adviser consistently argued that the law is on the Philippines’ side in the maritime dispute. In a blog posted in May 2018, Golez called on the government to invoke “lawfare.” (READ: TIMELINE: The Philippines-China maritime dispute)

“This should have been done right at the very moment the Arbitral Tribunal announced its decision on July 12, 2016 favoring the Philippines,” he wrote. “Our legal and diplomatic teams should have launched a global offensive to announce to the world China's illegal claim and illegal occupation of our exclusive economic zone…” 

He had also warned about the increasing militarization by China of the West Philippine Sea.  

Aside from being a regular lecturer on the sea dispute at the National Defense College of the Philippines, Golez was also one of the 3 convenors of the West Philippine Sea Coalition.

He also established the Movement and Alliance to Resist China’s Aggression and has joined rallies calling out China's "bullying". – Rappler.com

TOP PHOTO: FOR WPS. Former congressman and national security adviser Roilo Golez speaks while pointing to a map showing Philippine-claimed territory in the West Philippine Sea during a rally in front of the building housing the Chinese consular office in 2013. File photo by Ted Aljibe/AFP  

LIST: No to corruption? Duterte's controversial reappointees

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HARDLINE STANCE VS CORRUPTION? President Rodrigo Duterte likes to say he has zero tolerance for corruption. Malacañang photo

MANILA, Philippines – President Rodrigo Duterte has said, time and again, that even “one whiff of corruption” is enough for him to fire or sanction an official.

But a list compiled by Rappler shows presidential or government actions that appear to contradict this “zero tolerance” for corruption.

Sixteen officials who have been accused of corruption or abuse of public funds were reappointed, retained in another capacity, or promoted within the Duterte government. 

Corruption allegations against some of these officials came from Duterte himself. In some cases, it was other government officials – such as lawmakers or the Office of the Ombudsman – who made the allegations, whether based on information from resource persons or an investigation.

It seems the President has had no problem overlooking these accusations, even if some of them were made by offices like the Philippine Drug Enforcement Agency, which he had trusted enough to put them in charge of his campaign against illegal drugs.

Does he simply not believe in the allegations made by other government entities or branches? This too appears to contradict another declaration of his – that an accusation does not even need to be true for him to fire someone.

“The first whiff – and even if it isn't true – we'll say goodbye,” he had said back in April 2017. (READ: When President Duterte goes on a firing spree)

All of the persons in the list have vehemently denied the corruption allegations. Some resigned from their posts after the accusations surfaced but were then reappointed by Duterte.  

Here’s the list: 

Jose Gabriel “Pompee” La Viña – His term as Social Security System commissioner was terminated by Duterte, yet months after, he was appointed tourism undersecretary and then agriculture undersecretary. Duterte himself claimed La Viña and former SSS chairman Amado Valdez “abused” public funds. 

Melissa Aradanas – She was among the 5 Presidential Commission for the Urban Poor (PCUP) officials sacked by Duterte for supposed excessive travels and failure to meet regularly as a collegial body. She has been reappointed deputy commissioner for the Housing and Urban Development Coordinating Council. She also happens to be the cousin of Duterte’sl longtime partner, Honeylet Avanceña.

Joan Lagunda – Another of the sacked PCUP commissioners, she is now environment assistant secretary. She was appointed in April 2017.

Manuel Serra Jr – The 3rd sacked PCUP commissioner to be reappointed, Serra is now a member of the Philippine Coconut Authority’s governing board. 

Nicanor Faeldon – The former Bureau of Customs chief has been appointed deputy administrator III of the Office of Civil Defense. This, despite being accused by the Philippine Drug Enforcement Agency (PDEA) of involvement in the P6.4-billion shabu smuggling controversy. The PDEA’s complaint was eventually dismissed by the Department of Justice but the Ombudsman recommended further investigation against him. 

Vincent Maronilla – He resigned from his post as Manila International Container Port district collector after a Senate hearing where broker Mark Taguba named him as among the Customs officials who accepts "tara" or grease money. Senator Panfilo Lacson also included Maronilla's name in his "tara" list – what he claimed to be a carefully vetted and cross-matched list of names of officials who accept bribes from “players”. Maronilla was also among those accused by PDEA of conspiring to import illegal drugs and protecting drug traffickers in a complaint filed with the Department of Justice. Despite these, Duterte appointed him assistant commissioner at the BOC.

Milo Maestrecampo – Maestrecampo resigned as Bureau of Customs Import Assessment Services Director after he, too, was accused of accepting bribes and conspiring with drug traffickers. He was the subject of the same PDEA complaint against Maronilla and Faeldon. He, too, was named by broker Taguba as a Customs official accepting bribes. Duterte has appointed him assistant director general of the Civil Aviation Authority of the Philippines, an agency under the Department of Transportation (DOTr).

Gerardo Gambala – He resigned as Customs deputy commissioner and was appointed director of the DOTr’s Office of Transportation Security. He was included in Senator Lacson's list of supposedly corrupt Customs officials. 

Teddy Raval – Appointed director of the Enforcement and Security Service of the Bureau of Customs during the previous administration, Raval figured in Lacson’s list of supposedly dirty Customs officials. This didn’t stop Duterte from reappointing him as a Customs deputy commissioner. 

Ariel Nepomuceno – Nepomuceno had also been deputy commissioner for enforcement during the Aquino administration but he also resigned after the congressional hearings on the P6.4-billion smuggled shabu. He, too, was on Lacson’s list. Duterte reappointed him Customs deputy commissioner.

Celestina de la Serna – Duterte fired her from her post as Philippine Health Insurance Corporation officer-in-charge due to her pricey and unnecessary hotel stays and excessive travel expenses. It was also under her watch when PhilHealth suffered a P9-billion net income loss.Yet Duterte decided to retain her in PhilHealth’s board of directors.

 

Military and police personnel:

(We are including them here as Duterte is the commander-in-chief of the country's security forces and because he had warned that all personnel abusing their authority would face consequences.)

Roberto Fajardo – Fajardo was the police general supervising Caloocan cops as Northern Police District chief during the killing of teenager Kian delos Santos. He infamously remarked that Delos Santos was being made to look more innocent than he actually was because of politics. He was suspended to prevent him from influencing the probe on the teen’s death. Duterte had also vowed that police responsible for Delos Santos’ death would go to jail. But almost a year later, in June this year, Fajardo was appointed chief of the PNP’s Highway Patrol Group.  

Marvin Marcos – He was the chief of the Criminal Investigation and Detection Group Region 8 when it tried to serve a search warrant on Albuera Mayor Rolando Espinosa Sr inside his jail cell in Baybay City, Leyte. But the raid led to Espinosa’s death. The police involved claimed they opened fire because Espinosa “fought back.” But the National Bureau of Investigation concluded it was a rubout. Marcos and his men were relieved from their posts pending investigation and were sued for murder. Later on, the case was downgraded to homicide. Administratively, Marcos and his men faced suspension, yet Duterte himself publicly ordered Marcos’ reinstatement, claiming he wasn’t part of the raiding team anyway. Marcos told a Senate panel in November that he was outside the Leyte cell when the search warrant was served.

Chito Bersaluna – He was chief of the Caloocan police that conducted the city-wide raid that led to the killing of Kian delos Santos. He was suspended so as not to influence the probe, but almost a year after was named chief of the PNP’s Bulacan Provincial Police Office. He had also admitted in a Senate hearing that Caloocan police under him “confirmed" Delos Santos’ drug involvement through social media, aside from evidence obtained after the killing. 

Athelo Ybañez – He was promoted from commodore to Rear Admiral by Duterte despite being a subject of an ongoing investigation by the Office of the Ombudsman over P27 million worth of cash advances which were found to have been disbursed irregularly.

Teotimo Borja Jr – He, too, is a subject in the Office of the Ombudsman’s investigation into the misuse of over P27 million of public funds. He was promoted from the rank of captain to Commodore. 

– Rappler.com

Philippines has possible role in outcome of U.S.–North Korea talks

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PH INVOLVEMENTt? A former Philippine ambassador to South Korea says the outcome of the historic summit will affect the country.

MANILA, Philippines – The Philippines will possibly play a role in whatever the outcome is of the historic summit between United States President Donald Trump and North Korean leader Kim Jong-un in Singapore on Tuesday, June 12.

Luis Cruz, former Philippine ambassador to South Korea, said that Filipinos should closely follow the events in the Korean Peninsula.

“Filipinos should follow very closely the development sa Korean peninsula because we will be affected in all aspects, whether social, cultural, military, people-to-people contact, malaki ang magiging effect sa atin nito (the effects on us will be huge),” he told Rappler editor at large Marites Vitug on Monday, June 11. 

The summit is considered as one of the biggest geopolitical events in recent history and it almost didn’t happen after turbulent days of diplomatic brinkmanship. It also comes less than a year after the two leaders traded war threats after Pyongyang tested its nuclear weapons. 

But recent developments indicate the reclusive North Korea may be opening up, with Kim even announcing they would halt nuclear tests and intercontinental ballistic missile launches.

Send troops or help rehabilitation

If the talks turn out badly and result in a war, the Philippines may have to send troops again because it is still a member of the United Nations Command. 

“So supposing that the outcome of these talks, the summit, is not too favorable, and if worse comes to worst, we go to war, or the US goes to war, the coalition forces will be us who send troops again, and the Philippines is included there,” he explained.

The UN Command consists of 16 nations which sent troops to fight in the Korean War from 1950 to 1953. It has not yet disbanded since the armistice in 1953 and, according to Cruz, the Philippines sometimes sat in the panel when there were negotiations between North Korea and the UN Command.

The former ambassador, however, is confident that there is no reason for war to happen. In this event, the UN Command can be disbanded and the 16 member-states can then be converted into a peacekeeping force. 

The Philippines, as a member of the UN Command, can also help in the rehabilitation of North Korea like what the Filipino troops did during the years following the 1953 armistice. 

So ang daming puwedeng gawin ng 16 countries (There are a lot of things for the 16 countries to do), like one is be observer of the peacekeeping force and the other one is they can help in the rehabilitation of say, North Korea, which happened actually after the Korean War, in 1953,” Cruz said.

“We stayed there for two more years to help in the reconstruction and rehabilitation of South Korea,” he added.

High expectations

The former ambassador has “very high expectations” of the talks based on recent developments between North Korea and other countries. 

He said that Kim might have been “pushed into the corner” by both external forces such as sanctions and the people surrounding him inside the country.

Iyong mga nangyari ngayon na may mga sanction sa kanila ay apparently it's working out so he may have been pushed into a corner (All that’s happening to them, including sanctions, are apparently working so he may have been pushed into a corner),” Cruz explained. 

The North Korean leader may be facing pressure, given expectations of people. 

“One effect of this summit is you will raise their expectations of the North Korean people,” Cruz said. “I'm sure many of them wouldn't want to go back...to the status quo. Because...they're having a tough time there.” – Rappler.com

A rule too late? PNP bans presenting suspects to the media

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PNP CHIEF. Director General Oscar Albayalde speaks in a press conference in Camp Crame. Photo by Rambo Talabong/Rappler

MANILA, Philippines – It starts with the highest police official in the room, usually the Philippine National Police (PNP) chief, standing on a pedestal. Over the microphone, he announces they have caught an alleged criminal, someone they believe stole a car, stabbed someone to death in broad daylight, or managed a giant drug network in the Visayas.

He reads the person's life reduced to a police report, builds the anticipation in the room with minute to gruesome details, then concludes his reading with the story of the arrest. He looks up from his script, then asks if the cameramen and reporters are ready.

With a small gesture or a short command from the top cop, the alleged criminal is brought out, dressed in an orange shirt and handcuffed. Ready or not, the person faces a firing squad of cameras.

This is how the PNP usually presents criminal suspects it captures to the media. The go-to venue is Camp Crame, the national police headquarters, but this varies at local police stations.

It is a way for cops to tell the public and their community that change is coming, alleged criminals leashed then paraded one at a time.

On Monday, June 11, the PNP abruptly decided to halt the practice, ending the long years of public shaming for accused criminals.

PRESENTATION. Just a week ago, the PNP presented the suspected killer of Ombudsman prosecutor Madonna Joy Ednaco Tanyag. Photo by Rambo Talabong/Rappler

Media presentation: Unconstitutional

Speaking to reporters on Monday, June 11, Director General Oscar Albayalde said that the PNP's officials have decided to follow a memorandum circular written by former PNP chief Jesus Verzosa that prohibits putting suspects in front of a "firing line" of newsmen.

"Firing line" describes the position cameramen usually take during a press conference or ambush media interviews. They tower beside each other forming a line or a semi-circle, with their cameras pointing to the subject, ready to shoot. Reporters stand at their sides, armed with questions.

Albayalde was referring to Verzosa's memorandum circular dated October 7, 2008, which declared the presentation of suspects a violation of human rights.

"The presentation of the suspects to the media is not only violative of their constitutional rights of presumption of innocence, but also their human rights subjecting them to unwanted publicity," a copy of the memorandum obtained by Rappler read.

It adds that presenting the accused "besmirch[es] their name and reputation including that of their family before guilt is proven."

EVEN BIG-TIMERS. Former PNP chief Ronald dela Rosa presents alleged drug lord Kerwin Espinosa after arriving in the Philippines from Abu Dhabi at Camp Crame on November 18, 2016. File photo by Alecs Ongcal/Rappler

At their core, the rules written by Verzosa and the PNP's officials back then are rooted in Section 14 of the Bill of Rights, which states that:

(1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial...

According to veteran police reporters, Camp Crame never fully enforced the ban, with some noting that presentation of suspects during the Duterte administration has been more frequent because of the intensified anti-criminality campaign.

Crime reporters, meanwhile, say that local police are more conscious about presenting suspects, afraid of punishment from higher-ups.

How can reporters get footage now?

With the restricted access to have suspects shot by cameras, police are expected to compensate by providing media with information and footage of arrested suspects as long as this does not compromise ongoing probes.

This leaves cops trying to balance between the right of the public to information and the right of the arrested suspect to an impartial trial, and his or her right against a degrading detention.

"The arresting PNP office may use the media, print and broadcast alike, to inform the public about the arrest of the suspect/s, the crime committed, its nature and circumstances, the time and place of its commission, and other person/s involved," the order stated.

MUG SHOTS. Mug shots can still be released by cops. File photo by Rappler

Police offices were also ordered by the 2008 memorandum to set up areas for the media to acquire information on any criminal case, as long as they are not allowed to overstep.

"The concerned PNP office shall designate an area/space where media can have permissive access to information relative to an incident or any police activity, in conformity with existing policies and regulations," the memorandum added.

Mugshots can be released by cops, but the accused can appeal for them to be kept confidential, just like in the case of former Senate president Juan Ponce Enrile, who said that releasing them "would just expose the subject to ‘cruel, degrading or inhuman’ punishment."

Enforcement too late?

PNP officers who violate the policy will face the charge of "less grave neglect of duty", which may lead to suspension or demotion, and after repeated offenses, even dismissal from the police service.

Outside administrative cases, the PNP Human Rights Affairs Office said cops who present suspects may face criminal charges for violation of Republic Act 9745, which penalizes "inhuman and degrading treatment" of a crime suspect.

According to sources from the top, the PNP decided to adopt the policy after the prodding of new PNP public information chief and spokesperson Senior Superintendent Benigno Durana.

Durana apparently reminded the PNP's top brass about the policy, and surprisingly, the top generals agreed to follow the protocol.

The spokesman, however, brushed off the information as "rumor", saying, "it was the Chief PNP who made that decision. I am just a herald of the Chief."

Regardless of who lobbied for the ban, it's a rule that took years and scores of presentations to the media before its enforcement, forgotten by police officials and even journalists covering the police beat that the legitimate trial in court must not be preceded by trial by publicity.

Read the full order below:

{source}<iframe class="scribd_iframe_embed" title="PNP Memorandum Circular October 7, 2008" src="https://www.scribd.com/embeds/381509381/content?start_page=1&view_mode=scroll&access_key=key-Dp2GKXbEQjYbBCuPDcQl&show_recommendations=true" data-auto-height="false" data-aspect-ratio="0.6579139314369074" scrolling="no" id="doc_45962" width="100%" height="600" frameborder="0"></iframe>{/source}

 – Rappler.com


'Record history' casts cloud of doubt on proposed national ID system

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AT A GLANCE

  • The national ID system in the Philippines aims to improve the delivery of government services
  • Data privacy experts warn that the inclusion of a record history, which will track each transaction made, may pave the way for mass surveillance
  • Experts insist that maintaining a record history is completely unnecessary if the national ID system is indeed all about identify verification
  • Proponents of the system and the National Privacy Commission say security measures are in place to keep personal information of Filipinos secure

 

MANILA, Philippines – It has been more than two decades since the first time the Philippine government brought up the concept of a national ID system. Now the bill is just awaiting the signature of President Rodrigo Duterte. 

In the campaign for its approval, proponents highlighted how the Philippine Identification System (PhilSys) can help improve the delivery of government services. PhilSys, according to its proponents, will also help eliminate the redundancy of multiple IDs and addess the absence of government IDs.

In March 2018,  Socioeconomic Secretary Ernesto Pernia said that this system "can open up opportunities especially for the poor and marginalized and will make public service delivery more efficient." 

But while having a national ID system in the Philippines definitely has its benefits, privacy experts are wary about certain provisions in the bill that may go beyond acquiring the most basic personal information. 

A part of the national ID system bill refers to a so-called “record history” which will include, among others, details of authentication requests which are made whenever a government-issued identification card is used in any transaction by a registered individual. 

Aside from this, a record history will include a log of times of “disclosure, conveyance, dissemination, publication, and use of information” of 3rd parties and whenever relevant information is modified. 

Privacy lawyer Jam Jacob, legal and policy adviser for technology and rights advocacy group Foundation for Media Alternatives (FMA), warned that maintaining a record history may pave the way for so-called "dataveillance". 

“It can result in a centralized file that will give a detailed history of an individual’s activities over an extended period,” Jacob said. “That essentially makes it a comprehensive surveillance system.”

Dataveillance, he said, is similar to mass surveillance wherein there is no need to single out a person, or determine if he or she is engaged in criminal activity, because there would be a systematic collection of data about every person. (READ: What you need to know about state surveillance)

In short, surveillance may become the default.

‘Dangerous record history’ 

The most important feature of the PhilSys is a common reference number that is “randomly generated, unique, and permanent” and will be assigned to every citizen or resident alien” in the Philippines. Biometric information – photograph, fingerprints, and iris scan – will also be part of an individual’s file in the system’s database.

Information recorded may also include data related to the instances a person travels on a plane or ship, makes a physical purchase using a credit card, files a claim with any government agency, sends or receives money through remittance centers, and enrolls in any school, or works for any company, among others.

Quoting the Philippine Statistics Authority (PSA), Laguna 3rd District Representative and co-author of the bill Sol Aragones said that the purpose of a record history is to "track the transactions with PhilSys."

Commissioner Raymund Liboro of the National Privacy Commission (NPC) also highlighted how important it is for the system to have an audit trail or log and history of all that has changed in the record. 

"This is for maintaining the integrity of the information contained therein and likewise for transparency to the registered person on how his registered information is being processed," he said.

Equating dataveillance with what the national ID system wants to achieve, Liboro said, "is too much of a stretch."

"Perhaps a way for those who oppose the national ID system to create fear and anxiety where it shouldn't be," he said.

PHYSICAL ID. The physical card issued under PhilSys is the official government-issued identification card to be used in several transactions.

Data privacy lawyer Cecilia Soria, however, sees no purpose in keeping a record of "disclosure, conveyance, dissemination, publication, and use of information by third parties."

Maintaining a record history simultaneously with the national ID system is worrisome, she said, as it seems akin to "actually trying to build a dossier of each person." 

"The totality of an individual’s transactions tells you who the individual is," she said. "It’s not just the data, but the insights that you can glean about an individual’s beliefs, outlook, character from the record."

Anyone then can create a narrative based on such a wealth of information about an individual, according to Jacob.

“Being a narrative or a story, it can be shaped or formed in order to produce a profile that would suit the interests or objective of whomever is wielding that information – whether it's to make the subject look like a criminal, or at least engaged in suspicious activities,” Jacob said.

Securing the data 

Amid the concerns about data breaches, Aragones gave assurances that the Philippine Statistics Authority (PSA) will keep the vital information secure.

"May mga safeguards na nagsasabi na masesecure ang data (There are safeguards that will ensure that the data is secure)," she said, adding that implementing rules and regulations (IRR), which will be released 30 days after the bill is signed by Duterte, will spell out more about how the agency will secure the data. 

The bill, for example, explicitly states that there are only two ways by which the registered information can be accessed or used: if the registered individual agrees or if there is a court order issued in the interest of public health or safety. 

When the need arises, however, the registered person will be notified of the disclosure within 72 hours. 

The existence of the Data Privacy Act of 2012 also reinforces the state's "commitment" to having a legal recourse in the event of a violation of one's privacy.

"The bill puts emphasis on safeguarding the information against unauthorized access, use, disclosure, and against accidental or intentional loss, destruction, or damage, as well as strict limitation on authorized access," Liboro said. 

In fact, NPC Circular 16-01 states that only a government agency shall "strictly regulate" access to personal data. The head of a certain agency is the only one who can issue a security clearance to any personnel who will access the database, while strictly adhering to his or her task.

The PSA, Liboro added, is expected to implement "reasonable and appropriate organizational, technical, and physical security measures to ensure that the information gathered for the PhilSys, including information stored in the PhilSys Registry, is duly protected."

Public perception, however, mostly falls on being cautious. The massive data breach involving the Commission on Elections, however, casts doubt on the ability of government to store and secure personal information. (READ: What have we learned a year since 'Comeleak'?)

"If people were angered by the Comeleak, wait until the PhilSys record history gets out," Soria said.

There is also the risk of "functionality creep", which means that the national ID system can be used beyond its intended purpose. For example, the government may use it for political repression and monitoring critics. (READ: State surveillance as a tool to silence dissent)

"While we should worry about hackers and other unauthorized persons gaining access to the PhilSys, we should also be concerned about how government will use the system," Soria said.

"Authorities who take pride in disrespecting human rights will probably find it tempting to exploit this mother lode of data for their own ends," she added. 

Jacob, meanwhile, emphasized that giving any entity access to this information is dangerous especially in the context of what’s been happening in the Philippines now. 

What if you’re part of an unpopular administration and you’re trying to come up with a trumped up charge against a government critic or an activist?” he asked. There are plenty of ways a person’s record history can be used against him or her, and he or she doesn’t necessarily have to be guilty of anything."  

Liboro, however, said that the existence of several penal provisions in the PhilSys ensures that individuals or groups that will abuse the information will be held accountable. 

"The above provisions and the strict implementation thereof may allay the fear of surveillance," he said.

"The NPC is ready to work with the other government agencies involved in the PhilSys to help address the privacy risks and will continue our mandate of recommending standards for data protection," he added.

EASY. The national ID system aims to streamline the delivery of social services such as the Social Security System (SSS). File photo by Darren Langit/Rappler

Remove ‘record history’

The only thing that can limit the coverage of such recording of activities depends on the extent that government agencies and the private sector or businesses will patronize the system. But certain provisions mandate them to accept and recognize the PhilID as the “official government-issued identification document.” 

The bill imposes a fine on persons or entities who “without just and sufficient cause, refuse to accept, acknowledge, and/or recognize the PhilID and PSN as the only official identification of the holder.”

For the national ID system to be at least less vulnerable to dataveillance, the government should completely remove portions of the bill that make any reference to “record history", Jacob said. 

A provision that explicitly prohibits the permanent storage of transactional information should be included in the bill. Or at the very least, the government should provide a reasonable period after which the data must be deleted from the system. 

Soria and Jacob both agreed that maintaining a record history is completely unnecessary if the national ID system is indeed all about identify verification. What should happen only is that the requesting entity should get a confirmation from the system that the person presenting the PSN or PhilID is legitimate. 

"If the objective of the law is just to provide a valid proof of identity to simplify transactions, then the keeping of a detailed record history appears to go far beyond the boundaries set by this purpose," Soria said. 

Liboro acknowledged that it is necessary to monitor the actual implementation of the record history. 

"Factors such as adherence to proportionality, retention periods, and implementation of security measures such as pseudonymization, access controls, are material and should be duly considered," he said. 

"Given the existence of these risks and the necessity of maintaining these records, there is a need to clearly define and set limitations in the implementing rules and regulations and actual operationalization of the PhilSys," Liboro added.

Really time for a national ID system?

Debate surrounding the extent of the government's power to track citizens and its capability to secure private information put a cloud of doubt over what could otherwise be a beneficial system. 

Soria pointed out that the national ID system is not the only way to improve government services. The proponents should also look into their inefficiencies and go back to the basics.

"What exactly is the purpose of the PSN and the PhilID? Once the purpose is clear, then we will be able to determine what is the least amount of personal information necessary to achieve the objective," she said.

Liboro, meanwhile, said that believing that a national ID system is opposed to data privacy and security is a dated mindset.

"We can have a national ID system and we already have a robust law and policy structures in place to make sure that our privacy rights are upheld," he explained. "Our job in the NPC is to ensure that the law is followed if ever the govenrment decides to implement a national ID policy." 

"The learnings from the challenges that other jurisdictions have encountered in implementing their national ID systems would help us better implement the PhilSys," Liboro added. – Rappler.com

With Sereno for charm offensive, opposition projects strong front

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TINDIG PILIPINAS. Former chief justice Maria Lourdes Sereno delivers the key address of the biggest general assembly yet of Tindig Pilipinas, a coalition of opposition groups. Photo by Rappler

MANILA, Philippines – Tindig Pilipinas held a general assembly on Tuesday, June 12, Independence Day – its biggest yet since it launched in September 2017 as a coalition that will resist the Duterte administration.

The purpose was to send a message that the opposition is alive and strong.

It was a reaction to criticisms that the opposition was flailing, even catatonic, as it has failed to capitalize on controversies to strengthen its standing. 

“We will persevere. There is no such thing as a catatonic opposition,” said Leah Navarro of the Black and White Movement, one of the member groups of Tindig Pilipinas.

Former chief justice Maria Lourdes Sereno was the main event, an obvious charm offensive on the part of the opposition.

Senator Paolo Benigno "Bam" Aquino IV does not keep it a secret that they are courting Sereno to join not just the opposition, but even its senatorial slate for 2019.

Was her Tindig Pilipinas appearance a sign of things to come? “No, I was just invited,” Sereno said, evading further questions.

{source}<iframe width="560" height="315" src="https://www.youtube.com/embed/gqk49ft7fFk" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen></iframe>{/source}

On stage, Sereno had a message for the coalition: “Men and women of Tindig Pilipinas, fix your eyes on the prize. Many issues may just serve to divert you, to dissipate your resources, your time and your energy. Analyze what is at stake, what is at stake must be such a huge, huge price that we are now experiencing such terrible times.”

She added: “In the end, my friends, I ask that we rise above our differences. Those of us who have been fighting for freedom, we know some of them and we have all heard each other, we know that there are devices intended to make us fight [each other] and forget that democracy is at peril. We must summon whatever moral courage we have so that we can trust to the extent that it is wise – each other, so we can continue this fight.”

Joining with the Left?

It is unclear who she was referring to, but Sereno is one of the reasons behind rare joint appearances of the Liberal Party (LP) and the Left. (READ: The fall of the 'dilawang' Liberal Party)

At protests against Sereno's ouster, the lines are blurred, as civic leaders aligned with the LP share the stage with prominent personalities from the Left.

Senator Risa Hontiveros said on Tuesday that there was still a fundamental difference between the Left and the opposition.

"Right now, one fundamental issue of Tindig Pilipinas is that you have to have an unqualified opposition to the administration. So I suppose that it means there’s an issue of being part of the opposition, but there are still members [of the Left] with ranking positions in the administration. That will remain an issue in the coming months, unless it is resolved among the ranks," Hontiveros said in Filipino when she was asked if they were considering joining forces with the Makabayan bloc.

Sereno dedicated a good part of her speech to making an appeal: “We have a singular opportunity to be united with all the freedom-loving peoples in this country and the world. We must not lose sight of that opportunity.”

Hontiveros said they are taking all the suggestions in good faith.

"I will listen to the feedback and constructive criticism, especially those coming from people whose hearts are in the right place because they want to have an effective opposition, a successful opposition against the administration," Hontiveros said.

Hontiveros said that the opposition will continue studying the option of tapping Sereno to be part of its 2019 senatorial slate, but that they would prefer that she be reinstated as chief justice.

The Supreme Court en banc is set to vote on June 19 on Sereno’s motion for reconsideration. – Rappler.com 

FACT CHECK: Kim Jong-un did not call Duterte while in South Korea

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Screengrab of a June 5, 2018 webph.info blog post claiming North Korean Leader Kim Jong-un called President Rodrigo Duterte during his speech in Seoul, South Korea on June 3.

Claim: North Korean leader Kim Jong-un called President Rodrigo Duterte during the latter's South Korea trip on June 3 and the crowd cheered wildly.  

The blog webph.info in its June 5 post ran the headline, “Breaking: Kim Tumawag Niyanig ang Korea sa Lakas ng Hiyawan ni Duterte. Panoorin!

The blog post contained a YouTube video uploaded by “DDS NEWS ARMY” with the same title on June 3. The unclear headline and the thumbnail of the embedded video seem to imply that Kim called Duterte.

As of June 12, the post has been shared by 4 Facebook pages and one group which have a total 473,603 followers and 1,504 interactions.

The post has also been published by pinoyhopes.info.

Rating: FALSE

The facts: The claim is fabricated. The embedded video does not support the headline. There are no reports from credible news organizations that support the claim.

The embedded video was just Duterte's speech in Seoul, South Korea, on June 3 before the Filipino community. As shown in the transcript, Duterte did not mention Kim, nor Kim calling him during his speech.

The YouTube channel behind the embedded video also uploaded on the same day a video claiming Kim secretly watched Duterte’s speech. Both videos are portions of Duterte's June 3 speech.

The post is written by a certain “V�O+L�C” who is also the author of majority of blog’s posts. And just like other “fake news” blogs checked by Rappler, webph.info does not have a company and author profile, editorial board, and contact details. It only says that it was created by PinoyTrend News and distributed by thinkingpinoys.info which leads to a defunct page.

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.

 

Did Cayetano admit China can apprehend Filipinos in Panatag Shoal?

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PANATAG SHOAL. Foreign Secretary Alan Peter Cayetano says Filipino fishermen can be apprehended if taking giant clams in Panatag Shoal in the West Philippine Sea. Malacañang file photo

Philippine Foreign Secretary Alan Peter Cayetano said Filipino, Chinese, or Vietnamese fishermen can be apprehended if caught taking giant clams in Panatag Shoal (Scarborough Shoal) in the West Philippine Sea (South China Sea).

But apprehended by whom? 

Cayetano did not name the country that can apprehend fishermen taking giant clams, but in a Malacañang briefing, a Panatag fisherman said only the China Coast Guard, not the Philippine Coast Guard (PCG), can be seen around Panatag Shoal. 

Did Cayetano unwittingly admit that China has the right to apprehend Filipinos in Panatag Shoal?

In an ambush interview on Sunday, June 10, Cayetano said in reference to China: "May agreement na tayo sa kanila, na ang fishermen ay dapat malaya. Isa lang ang exception: 'yung areas na protected because of ecology and environment."

(We have an agreement with them, that fishermen should be free. There is only one exception: the areas protected because of ecology and environment.)

Cayetano continued: "Katulad ng lagoon sa loob ng Scarborough, doon ang spawning ground ng pangingisda o kaya 'yung nakikita 'nyong giant clams. 'Pag 'yan kinuha ng Pilipino or ng Chinese or ng Vietnamese, talagang i-a-apprehend."

(Just like the lagoon inside Scarborough, that's where we can find the spawning ground for fishing, or the giant clams you see. If Filipinos or Chinese or Vietnamese take any of these, they will really be apprehended.)

In a press conference on Thursday, June 14, Cayetano was asked who will do the apprehending if there will be apprehensions.

Cayetano answered, "Filipinos to Filipinos, Vietnamese to Vietnamese, Chinese to Chinese." He said, however, that a problem to be threshed out is if the Philippine Coast Guard, for example, catches nationals of another country. He said there will be discussions between coast guards about this in China in July.

Cayetano also said the tentative fisheries agreement between the Philippines and China is not written. "No, it's a consensus between President Xi and President Duterte," he said.

'Puro Chinese iyong nandiyan'

The question now is about the Philippine Coast Guard's presence in Panatag Shoal.

On Monday, June 11, Presidential Spokesperson Harry Roque presented 3 fishermen in a Malacañang briefing to describe the real state of Panatag Shoal. 

One of these fishermen, Rommel Cejuela, was asked if there is often no PCG member around the shoal. 

"Wala po, walang Philippine Coast Guard na nakakapunta ngayon diyan (No, there is no one from the Philippine Coast Guard who is able to go there)," Cejuela said. 

He was then asked if he saw members of the PCG there from 2012 to 2014.

"Wala rin. Puro Chinese iyong nandiyan (There were none. They were all Chinese)," Cejuela said.  

Rappler asked PCG spokesman Captain Armand Balilo about this on Wednesday afternoon, but has yet to get his response as of posting time.

Lieutenant Colonel Isagani Nato, spokesperson of the Northern Luzon Command (Nolcom), told Rappler that "Nolcom forces are conducting regular maritime patrols" in Panatag, with "enough distance" to make a "visual observation" of the area. 

He said details of the patrols, however, can be discussed by his higher ups.

Acquiescence to China's control?

Rappler asked maritime law expert Jay Batongbacal whether China, or any foreign entity, has the right to apprehend Filipino fishermen in Panatag Shoal.

Batongbacal said on Thursday: "Since it is now considered disputed territory, any exercise of sovereignty or jurisdiction by any claimant is contingent on final settlement. In that sense, there is no clear unilateral 'right' in favor of either claimant."

Regarding the context laid by Cayetano, Batongbacal said that "apprehension of any other regulation should be based on agreement."

"When did the Philippines agree to be excluded from inside Scarborough? If never, then its failure to protest Philippine fishers' exclusion from inside the shoal is acquiescence to China's control," he said. 

Batongbacal also questioned why there was no "prior news, announcement, or publication" of the supposed agreement to establish a protected area in Panatag Shoal. 

Meanwhile, China continues to assert its claim over the West Philippine Sea. On Tuesday, June 12, China said it is allowing Filipino fishermen to fish in Panatag Shoal "out of goodwill," sparking outrage among Filipinos online.  – Rappler.com

Estelito magic: Bong Revilla gets away with new trial delay

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STRATEGY. Former senator Bong Revilla huddles with his legal team led by veteran litigator Estelito Mendoza. Photo by Lian Buan/Rappler

After 5 months of delay, former senator Ramon “Bong” Revilla Jr was given a final schedule on Thursday, June 14, to start presenting his evidence in his pork barrel scam plunder trial at the anti-graft court Sandiganbayan. But on Thursday, neither Revilla nor his lead counsel Estelito Mendoza was present.

Why? Because they had filed an urgent motion that again effectively reset the trial for a new schedule on June 26. The original schedule was January 25.

Frustrated, the Ombudsman prosecutors begged the Court not to be “hypnotized by Revilla’s chanting of repeated arguments.” (READ: How Revilla's team is defending him in his plunder trial)

What was the motion? Mendoza filed an urgent motion to require the prosecution to identify its evidence, claiming that Revilla cannot be expected to defend himself without knowing the evidence against him.

It is anchored on Mendoza’s long-standing argument that the charge against Revilla is unclear. It is also the same argument used by the veteran litigator when he ran to the Supreme Court asking for a Temporary Restraining Order or TRO.

But the Estelito Mendoza magic has not worked so far in the High Court. Known for his influence and supposed ties to the Supreme Court, Mendoza has had to resort to a newspaper ad to put pressure on the SC to act, but to no avail, or at least not yet.

PRESSURE. Estelito Mendoza pays for a newspaper ad to put pressure on the Supreme Court to act on his petition to clear, or at least grant bail, to former senator Ramon "Bong" Revilla. Sourced photo

“It is very inaccurate, if not misleading, on the part of accused Revilla to claim that he is not aware of the evidence adduced by the prosecution and admitted by this Honorable Court to prove the primary elements of the offense of plunder as alleged in the Information,” the prosecution said in its opposition to the Court.

Ombudsman prosecutors said that the bail hearings as well as their own presentation during the trial have clearly identified their evidence against Revilla.

“Revilla cannot and should not be allowed to feign ignorance of the aforesaid testimonial and documentary evidence,” the prosecution said.

The prosecution added that Revilla’s urgent motion is just a rehash of all the motions they filed before, and which were junked by the Court. “The Supreme Court does not allow this,” they said, citing a past decision that prohibits litigants from filing ”identical motions repeatedly.”

How was the trial delayed? The prosecution rested its case as early as October 2017, but the defense was given the opportunity to file motions to seek an outright dismissal of the charges. They lost twice in that bid.

The defense was set to present evidence on January 25, 2018. That’s when Mendoza ran to the Supreme Court, and he used this petition to delay the hearings at the Sandiganbayan, saying the SC must be heard first before proceeding.

By March, the Sandiganbayan First Division had had enough and compelled the defense to start presentation with or without an SC ruling.

Curiously though, they allowed the other accused to present ahead of Revilla. Since March, Revilla’s former staff Richard Cambe has had his turn, and so has Janet Lim Napoles, but she waived her turn to adopt Cambe’s presentation.

June 14 came without a presentation from Revilla – again.

First Division Chairman Associate Justice Efren dela Cruz and Associate Justice Edgardo Caldona did not mention the motion on Thursday. The usually tough-talking justice, Geraldine Faith Econg, was not present in the hearing.

Instead they discussed Revilla’s request to go on a routine dental checkup on June 18.

“While accused does not intend to abuse this Court’s liberality, accused again humbly beseeches this Honorable Court’s compassion to permit him to undergo the foregoing dental procedure,” Revilla said. Rappler.com 

FACT CHECK: No resignation announcement from Trillanes

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A screengrab of an undated June weblogph.tk post claiming Senator Antonio Trillanes IV will be retiring.

 

Claim: Senator Antonio Trillanes IV will be resigning.

The blog weblogph.tk in its undated June post ran the headline, “Sa wakas! Trillanes magreresign na.” (Finally! Senator Trillanes will be resigning.)

The blog post’s sole content is a November 30, 2017 YouTube video of the same title. It was uploaded by “PagBabago Ng Pinas” which has a following of 61,000 users. The channel’s content are a mix of videos with a misleading or false headline.

As of June 14, the blog post was shared by two Facebook pages which both accounted for a total of 711,577 followers and 450 interactions.

The claim was likewise published by pilipinasnews.info as early as November 30, 2017, while newstar.altervista.org and newsglobalph.altervista.org also published the claim in their undated posts.

Rating: FALSE

The facts: There have been no announcements that Trillanes will resign. No reports from credible news organizations support the claim. The video contained 2017 events.

Trillanes himself told Rappler via text, “That's fake news. I will not resign.”

On April 29, 2016, the senator said that then presidential candidate and Davao City mayor Duterte had unexplained sums of P2.4 billion in 17 accounts in 3 banks from 2006 to 2015. Trillanes filed a plunder complaint against Duterte before the Ombudsman on May 5, 2016.

He then dared Duterte, now the President, on October 15, 2017, that he is willing to resign or be jailed if his allegations are proven false. (READ: Duterte SALNs don't match alleged bank accounts)

The Ombudsman terminated the investigation into the plunder complaint on November 29, 2017.

The embedded video showed a portion of September 12, 2017 vlog of Kilos Pronto news anchor Erwin Tulfo responding to the senator’s plan to file libel against him. Tulfo says, “Sinabi mo ang Mr Rodrigo Roa Duterte ay may bilyon-bilyong account sa BPI. Mismo ang BPI nagsabi walang bilyong account si Mr Rodrigo Roa Duterte. Sabi mo, ‘pag ‘di ko napatunayan yan mga kababayan, magre-resign ako bilang senador.’ Sir, bakit ka pa nariyan sa Senado?”

(You said that Mr Rodrigo Roa Duterte has an account with billions in the Bank of the Philippine Islands [BPI]. It was actually BPI who said there are no such accounts. You said, “If I cannot prove this, I will resign as senator.” Sir, why are you still in the Senate?)

After Tulfo’s portion, it cuts to a snippet of Trillanes’ October 3, 2017 privilege speech before the Senate.

In his speech, Trillanes reveals that the bank account details Duterte said were Trillanes’ foreign offshore accounts were sold by Daniel “Snooky” Cruz to Malacañang for P10 million. Duterte admitted on September 19, 2017 that he “invented” the bank accounts.

The blog weblogph.tk also published a misleading post claiming that the Philippines had a 30% crime dip when in fact it was only Metro Manila that had a 30% crime dip on May 14-20, the region’s lowest since the start of Duterte’s term.

The blog weblogph.tk says in its company profile that it is theirresponsibility to deliver reliable articles and avoid false information.” Similar to other “fake news” blogs Rappler has checked, it also does not name their authors nor show the editorial board. – 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.

 

Bello has a pending criminal case at Ombudsman

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OMBUDSMAN APPLICANT. Labor Secretary Silvestre Bello III is among the applicants for the post of Ombudsman. File photo by Angie de Silva/Rappler

Labor Secretary Silvestre Bello III has pending administrative and criminal cases before the Office of the Ombudsman, Rappler has learned. 

He will have to answer for these cases to the Judicial and Bar Council (JBC) when they screen him and other applicants for the post of Ombudsman.

According to the Ombudsman's central records, Bello is undergoing preliminary investigation for case docket number OMB-C-C-17-0341 and administrative adjudication for case docket number OMB-C-A-17-0295.

The records do not reveal any more than that, as pending cases at the Ombudsman are not available for public scrutiny.

Rappler tried to reach Bello but our messages and calls went unanswered.

Effect on Ombudsman application

Section 5, Rule 4 of the JBC's rules and regulations states that a person who has "pending criminal or regular administrative cases" is "disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman."

The JBC's announcement of an opening for the position of Ombudsman required applicants to submit an Ombudsman clearance, also indicating that those whose "other documents which are incomplete, out of date, or without a transmittal letter, shall not be given due course."

A lawyer we talked to who is familiar with the JBC's internal workings said Bello may not be automatically disqualified.

The JBC, according to the source, may take into consideration the time period of the cases and the possibility that these cases may have been dismissed at the time of deliberations.

These factors, and the final decision on Bello's application will be tackled when the JBC's executive committee meets. In that meeting they will weigh these considerations, after which they will vote who to shortlist for Ombudsman.

The source added that while Bello may not have gotten an Ombudsman clearance, an alternative would be a certification from the Office of the Ombudsman listing those cases. This would still make for a complete application.

The JBC is set to hold the public panel interview with the candidates for Ombudsman on June 20.

Bello's public career

Bello has served 4 administrations, starting as an undersecretary for the Department of Justice during the term of former president Corazon Aquino from 1986 to 1991.

In July 1991, he was named Secretary of Justice, serving roughly a year until June 1992.

During the term of then-president Fidel Ramos, Bello was Solicitor General from 1996 to 1998. He served as justice secretary again, for 5 months in 1998 before Ramos' term ended.

He returned to public service when then-president Gloria Macapagal-Arroyo assumed office in 2001, as the chairman of the Philippine negotiating panel for talks with the Left. He held the post until August 2004.

He then served as presidential adviser for the now-abolished office of new government centers in 2007, until he was appointed Arroyo's cabinet secretary from 2008 to 2010.

During the 16th Congress, he was the representative of 1-BAP Partylist, a new partylist that won a seat at the House of Representatives in 2013.

In an earlier press briefing, Bello said he has always wanted to help President Rodrigo Duterte's advocacy in fighting corruption.

"Eh ako naman, gusto ko lang makatulong. (I just want to help.) One way of doing that is to join government in another capacity – probably as Ombudsman if that is the will of the JBC and the President. Kung hindi naman okay lang sa akin. (If not, then it is fine with me)," he said.

What will Bello tell the JBC about his pending cases at the Ombudsman? – Rappler.com


How tough were the questions for Supreme Court justice applicants?

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JBC PANEL. Retired Judge Toribio Ilao, Jose Mejia, former Supreme Court (SC) Associate Justice Jose Mendoza, and Milagros Fernan-Cayosa lead the public interviews for the SC associate justice post. Screengrabs from SC livestream

The Judicial and Bar Council (JBC) is the sole body tasked to screen would-be leaders of the judiciary. It is burdened with the responsibility to determine if an applicant meets the constitutional requirements and possesses the qualities of competence, integrity, probity, and independence.

In order to determine these highly subjective qualities, the JBC conducts a public interview before submitting a short list to the President. The JBC just finished interviewing 6 of the 12 applicants to replace retiring Supreme Court associate justice Presibitero Velasco Jr. 

Expected questions like “what made you apply for the position?” and “what are your significant contributions to the court?” were asked mostly by Integrated Bar of the Philippines (IBP) lawyer Milagros Fernan Cayosa.

Things got more interesting when the other JBC members grilled candidates about controversial topics, which came mostly from retired justice Toribio Ilao and Twitter.

For instance, he asked Court of Appeals (CA) associate justice Ramon Garcia what recent decision of the high court he disagrees with. Garcia replied that the SC was wrong to flip-flop on the retrenchment case of Philippine Airlines

“It was reopened and it was reversed. We were taught in law school that there has to be an end to every litigation, it could be reopened only on exceptional instances,” Garcia said.

Ilao also quizzed applicants about freedom of expression and its limitations. Some struggled to identify the elements of this basic constitutional right.

Meanwhile, retired justice Jose Mendoza, asked Garcia, and other CA justices Oscar Badelles and Amy Lazaro-Javier what their views were about the gay wedding cake issue in the US. His question revealed the conservative stance of the 3 applicants, when they said that religious freedom precedes other freedoms. 

On Duterte, judicial independence

Some applicants were also asked about their perceptions about President Rodrigo Duterte, who has launched several curse-laced tirades against the judiciary. (READ: SC justice applicant: Duterte not an enemy of women)

“Knowing the guy, I don’t think he interferes with anybody. In fact, even in Davao City, I have not heard of anything [on] he himself interfering with the affairs of the judiciary in Davao City,” Davao City Judge Carlos Espero II said.

Some candidates were also asked about judicial independence. 

CA associate justice Manuel Barrios, one of the few asked about the matter, said that “judicial independence may be under attack,” but “is part of democracy”.

The views of some applicants on federalism was also briefly tackled.

Former Ateneo Law dean Cesar Villanueva said federalism “will improve the economy and judicial system in the country. The idea is to diffuse the powers of the state to a group of self-sustaining provinces."

What the JBC did not ask

Beyond the questions asked during the interviews, the public should zero in on topics that the JBC was careful to tiptoe around. The public should also ask, “What questions were not asked by the JBC?”

For instance, only Barrios and Javier were asked about the controversial eviction of ex-chief justice Maria Lourdes Sereno via quo warranto. The question was even watered down to “what is a quo warranto,” which led to a very academic discussion.

“It is a legal remedy to question the fitness and qualification or lack of qualification of a certain person to a government position or a government officer who reached the limit of his term but refuses to vacate office,” Barrios recited.

The JBC was careful not to explicitly ask the applicants’ views on Sereno’s controversial ouster. 

The nominees were also not asked about their personal take on the internal struggles and politics within the judiciary.

The discussion on the West Philippine Sea dispute with China was also lacking. Other than Badelles and Villanueva, the rest of the applicants dodged the question. 

“I cannot see an active role…the judiciary just awaits for cases filed before it, so that basically [is a] pursuit done by the executive branch,” Badelles said, adding that he cannot see the judiciary having “an active role” in the matter as it concerns the executive branch primarily. 

Villanueva said, "We cannot overcome the power of China, but that is what diplomacy is all about. Other countries are watching."

But perhaps the biggest elephant in the room was Duterte's controversial drug war. Thousands have died (the official numbers are contentious), yet no questions about the issue were asked.

Why good questions matter

The JBC interviews reveal an applicant's biases, motivations, line of thinking, and track record.

Before they shy away from the spotlight and maintain a "dignified silence", public interviews of candidates provide a rare glimpse of who calls the shots in the judiciary. These instances provide a snapshot of how a justice-to-be will articulate his or her thoughts, feelings on social issues, and the actions he or she has taken to deliver swift justice to the oppressed. 

Since this "job interview" is streamed online, this gives the public a window of opportunity to comment on the nominees' views, and eventually, the President's choice. – Rappler.com

Nothing to be afraid of? Other countries use their national IDs in countless ways

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NATIONAL ID. Countries like Estonia, Pakistan, India, and Peru show the various way in which a national ID can be utilized by both government and private entities.

MANILA, Philippines – President Rodrigo Duterte is set to sign a bill that will put in place the Philippine Identification System (PhilSys), also known as the national ID system. (READ: What you need to know about the proposed national ID system)

Budget Secretary Benjamin Diokno, in March 2018, said the system will aid in the delivery of government services and reduce fraudulent transactions if implemented. (READ: 'Record history' casts cloud of doubt on proposed national ID system)

The Philippines is one out of only 9 countries in the world that does not have a national ID system in place yet.

While proponents of the bill argue it will improve government services in the Philippines, examples from other countries show the many functions of a national ID beyond government services.

What do other countries use their national ID systems for?


China: Facial recognition

China is currently creating the world's most powerful facial recognition system, which aims to match a citizen's face with his or her ID photo with 90% accuracy.

The system, which contains the photos of each of its 1.3 billion population, was launched in 2015 and is being handled by Isvision, a Shanghai-based security company.

According to reports, the system aims to track wanted suspects and improve public administration, among other purposes.

Apart from this, China also plans to digitize the existing national ID card to streamline government processes and promote paperless transactions.

China's current ID card is used to obtain residence permits and driving licenses, open bank accounts, check into hotels, purchase railway tickets, and board domestic flights.

Once its national ID will be digitized, it will be available on smartphones and citizens will no longer need the physical ID card.

The government is developing the digital ID with WeChat, the most popular messaging application in mainland China.


Malaysia: Centralized information storage, cash, travel

Malaysia’s national identity card or MyKad, was the first government-issued multipurpose smart card and the first “dual interface” ID to be issued in the world. 

Its dual interface allows the card to be read by physical sensors and used in transactions, while its advance chip and biometric technology aids users in both government and private sector transactions. 

In particular, its embedded chip allows it to be used in government service centers and to be accessed by card acceptance devices. This allows for data processing, file management, and storage of large amounts of information. 

The MyKad is also considered a driving license and a travel document as it is used hand-in-hand with the Malaysian international passport for exit and entry into the country.

In healthcare, it is used to store medical records and health information such as blood type, allergies, implants, and prescriptions, among others. This allows for more efficient access of information during emergencies and routine treatments. 

The MyKad also functions as a reloadable cash purse, which can be used in government agencies, petrol stations, toll booths, and public transport systems. It can also function as an ATM card at designated banks and allows the user to access up to 3 bank accounts.

Meanwhile, its Public Key Infrastructure feature allows for secure online transactions and transmission of information over networks. 

The card itself is secured by chip security and physical features such as micro lettering and intricate patterns.


Thailand: Health coverage, agricultural functions

Thailand’s national identity card or its Smart ID, is used by 47% of its population.

It is mostly used as proof of identity by various agencies to check if individuals are eligible for government services.

For instance, the national ID is used to determine the most suitable public health insurance for a citizen based on age, occupation, and civil status.

Aside from this, Thailand's SmartID is also linked to its farmer database, which contains records of 7.2 million farm households. 

Here, a farmer’s Smart ID is used to track geographic location, crops, and livestock. This allows government officials to give targeted assistance during disease outbreaks, droughts, or other natural disasters.


Singapore: Going digital

Singapore is in the middle of developing a National Digital Identity (NDI) system as part of its effort to integrate technology in economic and government services by 2020.

Currently, its national ID is limited to identification purposes.

The NDI’s proposed design aims to provide more convenient and secure access to e-government services such as filing of income taxes, paying parking fines, and securing permits for foreign domestic helpers.

In terms of integrating the NDI with commercial services, the Government Technology Agency of Singapore plans to collaborate with the private sector to incorporate “value-added services” in the NDI. These include signing of digital agreements and providing secure storage of digital documents. 


Estonia: E-services and e-residency

Estonia is one of the most advanced digital societies in the world, and as such, its mandatory national card provides digital access to all of the country’s e-services.

Through the country’s Government Cloud, which is part of the government initiative called e-Estonia, 99% of public services are made available as e-services. The national card also carries embedded files and is used as the definitive proof of identification.

According to government data, 98% of Estonia’s citizens have been issued an ID-card, and 67% make use of it regularly.

Estonia’s national ID is used as national health insurance card, and as proof of identification when logging into bank accounts. Citizens may also use their ID card as a legal travel ID within the EU.

Aside from these functions, it can also be used for digital signatures, i-Voting, checking medical records, submitting tax claims, and using e-Prescriptions.

Estonia is unique in that it is the first nation to provide a “transnational digital identity” or e-Residency, to anyone in the world. Through this, e-residents are issued a digital ID and can access Estonia’s public e-services remotely.

The program allows foreigners to manage and conduct EU business from anywhere in the world. According to the government’s e-Residency website, 5,033 companies have already been established by e-residents.


Peru: Know your customer (KYC), elections, SIM registration

Peru’s national ID, called the Documento Nacional de Identidad (DNI) or Documento Nacional de Identidad Electronico (DNIe) is issued by the Registro Nacional de Identificacion y Estado Civil (RENIEC), the country's national registry.

Citizens are entered into the system at birth and are issued an ID, which is renewed every 8 years.

According to a 2016 review conducted by the International Telecommunication Union Telecommunication Standardization Sector (ITU-T), which is a United Nations special agency, 89% of the country’s population has been registered in the national database as of 2012.

Peru’s national ID is used in implementing its "Know Your Customer" (KYC) laws, which require financial institutions to verify their customer’s identity before opening any account. This is done as part of efforts against crimes such as money laundering and terrorist financing.

In addition to this, the Peru national ID is used during elections, specifically for voter registration and voting.

Here, the voter registry is based on a civil registry that citizens enter when they first register for their identity card. After being issued new ones at age 18, citizens present their DNI or DNIe to vote.

Peru also incorporates subscriber identity module (SIM) registration with their national ID program. For instance, prepaid SIMs are activated only after biometric data is used to verify the user’s identity through the RENIEC.


Pakistan: Financial and health services, face recognition, and travel

Pakistan’s national ID program is run by an independent organization called the National Database and Registration Authority (NADRA).

According to ITU-T, its national ID database is one of the largest worldwide face recognition projects, with a coverage rate of 98% among its citizen population. Its physical counterpart is called the Smart National Identity Card (SNIC).

Aside from branchless banking, e-commerce, and social transfers, NADRA also partnered with the State Life Corporation of Pakistan to include insurance against accidental death as part of the ID card fee.

The country also makes use of the SNIC to track vaccinations for children and supports biometric-based secure health insurance.

In addition to this, Pakistan’s national ID can also double as a passport in 100 international airports, as it adheres to the International Civil Aviation Organization’s rules for machine-readable travel documents.


India: Government subsidies, state-specific functions

India’s identification system, Aadhaar, does not issue physical IDs for its citizens. Instead, it is an open, cloud-based system that issues a unique 12-digit identification number (UID) and records biometric information to match with the UID.

67% of India’s national population make use of the identification system.

The functions of the program include providing government cash transfers, digital banking, and mobile money. Through this, bank accounts are linked to Aadhaar to provide citizens subsidies for various government programs, such as subsidies for liquid petroleum cooking gas.

Aadhaar is also linked to a text messaging platform that allows citizens to transfer funds by inputting their unique ID number and specifying the amount to be transferred.

During elections, Aadhaar is also synced with the electoral photo identity card database, which allows the electoral commission to weed out unqualified voters and remove them from the database.

Other functions of the UID include tracking the attendance of federal government employees, verifying identities of travelers when reserving tickets for railways. 

Aside from these, different states also use the UID for state-specific functions. For instance, in the state of Kerala, the UID is used to track students’ educational progress.

In Bombay, ID numbers are also used for law enforcement, specifically in recording the identities of witnesses and accused criminals in first information reports. – Rappler.com

Loreben Tuquero is a Communication student at the Ateneo de Manila University. She is a Rappler intern. 

At least 33 killed daily in the Philippines since Duterte assumed office

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MANILA, Philippines – Ever since President Rodrigo Duterte assumed office almost two years ago, 33 people have been killed daily nationwide.

This is shown by Philippine National Police (PNP) documents obtained by Rappler. In about two years – from July 1, 2016, up to June 11, 2018 – police have recorded 23,518 Homicide Cases Under Investigation (HCUI), equivalent to an average of 33 people killed a day.

HCUIs are murder and homicide cases combined, excluding killings by cops in police operations. Riding-in-tandem killings, being homicides and murders too, are included in this tally.

From July 1, 2016 to May 15, 2018, the government’s counting initiative #RealNumbersPH has tallied 4,279 suspects killed in anti-illegal drug operations, or an average of 6 a day.

The 4,279 are not included in HCUIs as they are presumed to have been carried out by cops in the line of duty.

The killings come as the Duterte administration continues to pursue an unrelenting campaign against drug suspects and criminals, with the President going on record on multiple occasions, encouraging law enforcers and Filipinos to harm and even kill delinquents.

A quick look at PNP data on Duterte’s first year in office shows that the campaign has resulted in a drop in all index crimes (or crimes against persons and property) – but not the killings.

All drug-related?

Not all of the 23,518 homicide cases under investigation fall under the government’s unrelenting anti-illegal drug campaign, the PNP claims.

As the PNP has repeatedly pointed out, the killings were not executed by state forces, but civilians. There are reports, however, accusing cops of going rogue and carrying out the killings themselves, if not supervising them.

The 23,518, according to the PNP, can also be further broken down into drug-related, non-drug related, and cases with motives still undetermined.

Rappler inputs the latest update on the figures in the graph below:

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Of all the homicide cases under investigation, 11.34% were found to be drug-related, 45.55% non-drug-related, and 43.17% calling for a better scrutiny of motives.

According to PNP Directorate for Investigation and Detective Management-Case Monitoring Division (DIDM-CMD) chief Senior Superintendent Ferdinand Bartolome, killings are classified by the PNP as drug-related if the victim or the killer are drug suspects, or if the motive for the killing is drug-related.

If the case does not have anything to do with drugs, it is classified as non-drug-related. Should further investigation reveal that a non-drug-related case turns out to have a drug angle later, the case’s count is transferred to drug-related cases.

In a majority of drug-related cases, Bartolome told Rappler, the killings were done to “prevent the victim from divulging detrimental information to the drug trade.”

On the other hand, the majority of the non-drug-related HCUIs were carried out due to a personal grudge, coming from “heated arguments and misunderstanding, personal gain, hatred, revenge, land dispute, love triangle, family feud, atrocities, lust, work-related, road rage, and others.”

Remember: EJK, DUI, HCUI, DPO

It took long for the PNP to settle with the term "HCUI" or homicide cases under investigation.

It can be traced all the way to the early months of the Duterte administration in 2016, when the number of vigilante-style killings soared with almost nightly riding-in-tandem shootings and dumping of corpses in canals and streets. Many bodies bore signs of torture before their final breaths, and were left with cartons labeling them as drug suspects.

These were matched by the rising numbers of killings in police operations because of suspects allegedly fighting back ("nanlaban").

Given these circumstances, human rights advocates and critics alleged the existence of extrajudicial killings or EJKs, referring to those killed in the streets and those killed by cops during anti-drug operations. The term easily became part of the public lingo, inviting scrutiny of the PNP.

In response, the government created the term deaths under investigation (DUI), intended to distinguish killings that were committed outside the government's campaign from those that were part of police operations. It has the same definition as today's HCUI: murder and homicide cases combined, excluding killings by cops in police operations.

EJKs? A dead body with a sign board lays on the road in Tondo, Manila on July 28, 2016. File photo by Alecs Ongcal/Rappler

The PNP regularly released the number of DUIs, just to show that they were keeping a record of the deaths and that most were not drug-related.

The killings that happened under police operations, on the other hand, were said to involve suspects who "died during police operations" or simply "DPO". They died because they allegedly resisted searches or arrests. While all were presumed to be regular by the PNP, allegations persist that DPOs are the same as EJKs.

Reports have accused cops of mercilessly gunning down defenseless drug suspects then planting evidence to make it appear that the accused put up a fight. Things came to a head with the explosive case of 17-year-old Kian delos Santos.

Based on Rappler’s timeline, the PNP tried to discreetly introduce the term "HCUI" in March 2017. 

Why the change? According to the PNP’s Bartolome, they simply didn’t want to confuse the international community.

“Because abroad, DUI meant driving under the influence [of alcohol],” he told Rappler. Without a formal announcement about the shift, some media outlets continue to use the popular term DUI.

Whatever label the government uses to distinguish deaths, however, the killings continue to rise.

Troubled regions

Below is a chart showing the total number of killings per region and how efficient they are at solving them:

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The country’s two most developed regions, Metro Manila and Calabarzon, are where almost a third of the killings happen. Metro Manila accounts for 18.06% while Calabarzon accounts for 13.25% of all HCUIs.

The northern Cordillera Administrative Region (CAR) and Mimaropa, meanwhile, have recorded the least HCUIs with 271 and 432, respectively.

Of the 23,518 killings, 12,470 have either been cleared or solved. This gives the PNP a crime solution efficiency rate of 53.02% for HCUIs.

HCUIs: An accomplishment?

Are killings something to be proud of?

When Malacañang recorded HCUIs as an accomplishment of the Duterte administration’s anti-drug campaign in its 2017 yearend report, it raised a lot of brows.

The report was prepared by the Presidential Communications Operations Office (PCOO), which also manages the government’s #RealNumbersPH initiative.

The HCUI numbers were placed in the summary, despite the PNP already clarifying back in August 2016 that not all of them can be linked to the government’s anti-illegal drugs campaign.

Shown a #RealNumbersPH card which included HCUIs as achievements, PNP DIDM chief Director Elmo Sarona said the PNP had never considered the numbers as accomplishments.

 ACCOMPLISHMENT. The Malacañang yearend report lists HCUIs as an achievement under the government's anti-drug campaign. Photo cropped from Malacañang 2017 yearend report

The two-star general surmised that the number was added to show that the government was being transparent, and is exhausting all efforts to lower the number.

But, the report did not break down the number into how many of the cases were already solved. It just announced thousands of deaths, complete with an icon of a dead man with blood streaming from his body. (READ: A look at the state of crime, drugs in the Philippines)

Is it a communications mishap? The PNP doesn’t think so, given that their officials meet with PCOO officers monthly to update the numbers. Rappler has reached out to PCOO Assistant Secretary Queenie Rodulfo for the Palace’s reason for including HCUIs in its accomplishment report.

In stopping the numbers from rising, the PNP continues to move with the mentality that bringing down illegal drugs will also bring down crime. As records have already shown, the strategy appears to be working for all crimes, except for the gravest one: killings.

The PNP now faces the challenge of bringing down the number of killings, an achievement that it has yet to be proud of. – Rappler.com

Graphic by Nico Villarete. Photos by Alecs Ongcal, Rambo Talabong/Rappler; AFP photo; Malacañang photo

Funny questions during the JBC interviews

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SLAM BOOK. Retired judge and Judicial and Bar Council member Toribio Ilao amused some Supreme Court justice nominees with his funny questions. Screengrab from SC livestream

Serious, nerve-wracking, and often technical – these are the usual words one could use to describe the Judicial and Bar Council’s (JBC) interviews.

However, retired judge Toribio Ilao was able to break the ice during the public interviews last Thursday, June 14, for the Supreme Court (SC) associate justice post.

Ilao plucked questions from what he called "the Twitter" and "Twitters." Some even seemed to be taken straight from a teenager's slam book or a fish bowl typically used in beauty pageants.

He asked Court of Appeals (CA) Associate Justice Oscar Badelles why he grew a moustache. 

Badelles responded that he grew them when he was still in college to "distract" people from his "uneven eyes."

"You look good," Ilao said.

He even asked Badelles if he has vices.

"Do you drink?" Ilao asked.

"Occasionaly, your honor," Badelles responded.

"Occasionaly, you mean, when there is an occasion?" Ilao joked.

Ilao went on to ask Badelles the beauty pageant cliché, "how are you different from the other applicants?"

However, Badelles remained humble. Too humble to even brag about any of his achievements.

 "I don’t see much difference Your Honor, considering I find my colleagues also to be equally qualified, if not better than me," Badelles said.

 Meanwhile, he asked CA Associate Justice Manuel Barrios to describe himself in one word.

"God-fearing, God-loving," Barrios said.

"That's two, three words," Ilao responded.

Ilao zeroed in on CA associate justice Amy Lazaro Javier's health, since her medical records revealed that she has some health issues.

Lazaro said she is "on a diet" to keep her cholesterol levels low.

"You are still young...Nothing is wrong with your heart?" Ilao asked.

"My heart is a young heart, Your Honor," Javier replied. 

The inquiring judge is 70 years old. – Rappler.com

To annoy 'detractors,' Sara keeps mum on final 2019 plans

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PRESIDENTIAL DAUGHTER. Davao City Mayor Sara Duterte-Carpio in Cagayan de Oro City on June 15, 2018. Photo by Bobby Lagsa

Davao City Mayor Sara Duterte-Carpio said on Friday, June 15, that she would likely bare her final plans for the 2019 elections only when she files her certificate of candidacy.

This way, she said, she can prolong the agony of her "political detractors" who have been eagerly awaiting her plans for the next elections, particularly on whether she would seek a congressional or Senate seat.

The presidential daughter made the statement during the oathtaking ceremony of over a thousand newly elected barangay and Sangguniang Kabataan officials from this city's 80 barangays.

“I don’t really have plans to run for the Senate. The reason I don’t say that I won’t be running for  the Senate is for my political detractors to feel annoyed,” Duterte-Carpio said.

“They will be happy, and I do not want to give them that happiness. Maybe later when it is time for the filing of candidacy,” she added. 

Duterte-Carpio's possible Senate bid was sparked by her high ranking in a Pulse Asia Research, Incorporated survey in March. The survey results showed the mayor in the winners' circle or among the 12 potential winners of the Senate race if elections were held during the survey period.

In January, she said she would not consider a senatorial bid for as long as her father's poitical opponents "don't annoy" her.

'War fronts'

The mayor told the new village officials that she had two “war fronts” – one against Senator Antonio Trillanes  IV and the other against Speaker Pantaleon Alvarez.

In the case of the senator, the mayor said since Trillanes said he would not longer engage in a verbal tussle with her, she would do the same. “I will stop, because he said he has no time. But if he talks, I will talk,” she said.

Duterte-Carpio said she liked to "tease" Alvarez about her plans for 2019, and that she wanted to keep him guessing. The mayor had slammed Alvarez, her father's friend and ally, in February – and went as far as calling him an "asshole" on her social media accounts – for allegedly calling her a member of the "opposition." (READ: Sara Duterte: President Duterte better off without Alvarez)

“I don’t want to give him that happiness that he will know that I am not running for Congress, so he will be happy that I won’t be Speaker of the House of Representatives,” she said.

The mayor said she would rather run for barangay captain "because I want clean our canals."

Duterte-Carpio also clarified that she was in Cagayan de Oro not because of plans to run for a national position, but to personally thank the supporters of her father, President Rodrigo Duterte. – Rappler.com

 

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