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HOAX: ‘COA flags Chito Gascon’s 3 P6.7-M China trips’

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FICTITIOUS AUDITOR. Screenshot of a July 29 phnewspride.blogspot.com and balitana.blogspot.com post claiming the Commission on Audit flagged 3 trips to China made by Human Rights Chair Jose 'Chito' Gascon this June.

Claim: The Commission on Audit (COA) has flagged Commission on Human Rights (CHR) Chair Jose Luis Martin “Chito” Gascon’s 3 P6.7-M China trips in July alone.

The blog balitana.blogspot.com in their August 15 post ran the headline, “COA flags down Gascon’s P6.7M 3x trip to China in just one month.”

The post has been shared 3 times in different Facebook pages and groups. All of these accounted to a combined total of 505 interactions and 506,847 followers as of August 17.

The blog phnewspride.blogspot.com also posted the claim.

Rating: FALSE

The facts: As of posting time, the COA-CHR audit team has not flagged any trips to China made by Gascon in June this year.

CHR Executive Director Jacqueline de Guia also told Rappler via text that the claim is “false.”

Gascon also told Rappler that he has not travelled to China since becoming Chair; and the CHR’s yearly travel budget does not allow them to spend P6.7 million in one month.

Both blogs have a different cost of the alleged trip: per trip was at P6.7 million in the headline while P7.6 million in the body of the story.

Other details in the post also turned out to be false.

For instance, according to the blog post, COA Chief Auditor Miguel Ramirez pointed out Gascon and his “entourage” spent P21.7 million on travels abroad and 3 trips to China in June alone.

However, when asked via email, COA replied that there was no “Chief Auditor” Miguel Ramirez in their office. The name was also not listed in COA’s directory.

There are also no news reports and press releases supporting the claim in COA’s website. For 2018, there were only two press releases made by the agency as of posting time.

COA did flag CHR’s P3.6 million worth of unliquidated cash advances and P5.4 million worth of trainings and seminars at hotels. COA listed 20 events held at hotels: 13 within Metro Manila, and 7 in Tagaytay City, Antipolo City, Batangas City, and San Mateo. 

One example, the most expensive, was a business writing and oral communication skills training at Dream Ventures Property Management Corporation in Quezon City. The agency spent P585,850 for the said 4-day training.

These figures were disclosed in COA’s 2017 audit report. CHR maintained that these events went through “regular procurement rules and procedures of the government.”

The 2018 audit reports for government agencies are not yet released since the fiscal year is not over yet. Reports are typically released mid-year, before the new National Expenditure Program is submitted to Congress.

The blog phnewspride.blogspot.com has previously been checked by Rappler for posting a death hoax of martial artist Jet Li. (READ: 10 tips on how to spot fake news from Facebook)

Both blogs do not have a company profile, a named author, contact details, and an editorial board. This is typical of the dubious blogs Rappler has checked. — Miguel Imperial, with reports from Jodesz Gavilan/Rappler.com

 

Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.


HOAX: Fiscal in viral road altercation video 'shot dead'

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Claim: Christine Estepa, the prosecutor who was caught on tape arguing with traffic enforcers over an illegal parking violation, has been shot dead in their house in Caloocan. Her husband is supposedly in critical condition.

The blog trendingnewsonline.info in its undated August post ran the headline, “Mainit: Piskal na nakasagutan ng MMDA, tigok matapos ratratin sa tapat ng kanyang bahay sa Caloocan. Asawa nito, agaw buhay!(Breaking: Fiscal in MMDA road argument shot dead in her house in Caloocan. Husband in critical condition!)

The claim was also posted by napankamkumametbeewan.info.

Rating: FALSE

The facts: Estepa is still alive. There was no such shooting.

The video embedded in the hoax article is a May 2017 GMA News report about Diosdado Azarcon, a different state prosecutor shot dead outside her house in Caloocan.

The video will play for a few seconds, then a pop-up of an age restriction warning and a Facebook share button will appear, prompting the user to share the video first before watching the rest of it.

The site also has no permanent links to content. Similarly constructed dubious sites usually carry a death hoax of a particular personality, then tend to change its content later to run another death hoax.

Department of Justice (DOJ) Prosecutor Estepa was caught on video arguingwith a Metropolitan Manila Development Authority (MMDA) official initially over an illegal parking violation on Tuesday, August 14. Estepa repeatedly asked for her 5-minute "grace period" during the argument. Her husband, Macky Estepa, later arrived at the scene.

The following day, the MMDA asked the Land Transportation Office to revoke Christine’s license. The couple issued a public apology on the same day.

MMDA General Manager Jojo Garcia announced on August 16 they will file an administrative complaint against Christine. – Miguel Imperial/Rappler.com

Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.

Anarchy of billboards in Metro Manila

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MANILA, Philippines – It’s a billboard war on EDSA, with images and messages competing daily for the attention of commuters on the busy highway. 

Name it, it's there – fashionable clothes, men and women with sleek hairstyles and the brightest smiles, even Instagram-worthy food. And there's beer to boot. But the LED billboards are the flashiest of all, threatening to outshine the competition with literally the brightest of lights.

The dazzling lights could be blinding and hazardous to drivers on EDSA, but regulators appear oblivious. It's not even clear who has the power to enforce laws, or worse, if there are laws that regulate such hazards.

Johnson Domingo, Department of Public Works and Highways (DPWH) National Capital Region (NCR) unified project management office director, admitted that the department has yet to come out with guidelines for electronic billboards.

He attributed the lack of detailed guidelines to the messy management history of billboards.

BRIGHT. Huge electronic billboards illuminate EDSA at night. Photo by Naoki Mengua/Rappler

Whose jurisdiction?

Regulating billboards – both regular and electronic – used to be the domain of the Metropolitan Manila Development Authority (MMDA) but in 2017, the shift to DPWH happened. 

The DPWH's jurisdiction is, however, limited only to the structural integrity of billboards, with content regulation left to advertisers themselves. For Domingo, this could be an issue since he wants to restrict certain colors and reduce the brightness of billboards.

For instance, he said in Filipino: "The brightness of the LED billboards should be considered. it has to be controlled because it is dangerous."

The other consideration, Domingo said, is durability of LED billboards. He said the screens must be able to withstand strong wind and rain. Just recently, a LED billboard inside Camp Crame was blown over by strong wind whipped up by a landing military helicopter.

Domingo said the DPWH has yet to convene stakeholders and experts to draw up rules. But common sense can already dictate on some of the regulatory safety standards. 

ATTENTION. Electronic billboards outshine regular billboards at night, distracting some drivers. Photo by Naoki Mengua/Rappler

Dangerous

Accident data from the MMDA, which used to have jurisdiction over billboards, contained no information on whether accidents did occur because of the glaring lights of electronic billboards. Data only indicated generic tabs such as driver negligence, faulty car parts, or distracted driving as causes of accidents.

However, anecdotal evidence suggest that some drivers have indeed gotten into minor accidents due to the glaring lights.

An MMDA traffic enforcer who requested anonymity said that he encountered several drivers blaming the lights from electronic billboards as among the reasons for minor accidents. 

"Nililista namin 'yung ganoon sa distracted driving (We list those down under distracted driving), " he said.

While there is no solid data that directly links the flashing lights of electronic billboards to road crashes, some groups and legislators in the past have called for more regulation.

study published in the journal of the UP College of Architecture focused on a portion of EDSA along Guadalupe from the Pasig River to Estrella street.

It concluded that advertisers tend to erect billboards in this part of EDSA since vehicles tended to move slowly in that area. Moreover, this portion of EDSA curves so that drivers coming from a straight path had a better view of the billboards while driving.

The same area where the study was conducted was, however, also the portion where a cab driver was crushed and killed by a billboard in 2006 at the height of typhoon Milenyo.

Another incident happened in 2008 where 4 people were injured because of a toppled billboard in the same area.

The incidents prompted the late senator Miriam Defensor-Santiago to file an anti-billboard bill, but the proposal did not even make it to the plenary in Congress.

In an interview with GMA News in 2008, Santiago suspected that "lobby money" was involved in blocking the bill.

“These illegal billboards have killed innocent people over several years. Under the police power of the state, they could even be banned outright. Corporate greed is driving these billboards, because the law is too liberal. Radical problems need radical solutions," Santiago said. 

Former MMDA chairman Francis Tolentino even went on to propose the complete eradication of billboards on EDSA. In an interview with ABS-CBN in 2011, Tolentino said EDSA, which is a historical venue of political upheavals, should be billboard-free.

He cited the National Building Code which states that heritage sites should be free from billboards. He said EDSA as a venue of political upheavals and billboards "should not be there in the first place."

GLARING. Some drivers complain that LED billboards are too bright. Photo by Naoki Mengua/Rappler

Varying rules, standards 

Adding to the complications are the different rules and standards applied by the 16 cities and one municipality of Metro Manila. Every city in Metro Manila has its own building official who sets the rules based on the standards set by the national building code.

It's different strokes for different cities.

For instance, Quezon City limits the size of billboards to only 100 square meters while Mandaluyong City adheres to the national building code's size limit of 225 square meters. 

As for spacing, both Quezon City and Mandaluyong City specify that billboards should at least be 100 meters away from each other.

Makati City, for its part, limits sizes according to the width of the road where the billboard will be put up. Billboards are only allowed to be as big as 162 square meters if placed along roads more than 45 meters wide. 

Those along roads 20 to 45 meters wide are allowed up to 81 square meters only. Billboards along roads less than 20 meters wide should not be bigger than 40 square meters.

Makati City is also more specific about distance between billboards. They must be 150 meters apart if located in roads 45 meters wide. For roads that are between 20 to 45 meters in width, spacing must be at least 100 meters. Billboards must maintain a 50-meter distance if they are located along roads that expand to only 20 meters.

Makati is also so far, the only city that has specified the maximum size of electronic billboards at 162.5 square meters. Yet a source in the city government admitted that there are billboards that surpass this limit. 

Makati City is perhaps the most peculiar because it has the most number of billboards, according to Lloyd Tronco, executive director of the Philippines Center for Out-of-Home Media Research and Science. Officials are, however, unable to cite specific numbers.

ANARCHY. Billboards in EDSA battle for people's attention. Photo by Naoki Mengua/Rappler

Makati's moratorium

Because of this, Makati has declared a moratorium on new billboards since 2004.

Maribert Pagente, head of the city's billboards and signages task force, said: "No billboards have been issued a permit since 2004. Any new one is illegal."

He admitted that "he does not know" why there are new billboards sprouting like mushrooms in the city. Pagente added they "try to be lenient" to billboard owners whenever they exceed the billboard size limits and allow them to take down their billboards on their own once they are called out.

The tricky problem begins when new billboards are erected.

"Hindi namin kilala sino ang may-ari. Sino susulatan namin ngayon? Kaya ang ginagawa namin, tinitingnan namin kung may nakalagay na company sa billboard o kaya hinahanap namin sino may-ari ng lupa at tinatanong namin sino ang umuupa," Pagente said.

(We do not know who owns the billboards. Who will we write to? What we do is we look at the billboard if there is a company name on it or find who the land owner is and ask who is leasing the property.)

Pagente maintained that all prominent electronic billboards in Makati had been approved before 2004. He also said the task force checks them if they are still sturdy.  

He urged the DPWH to come out with a clear set of guidelines. He admitted that some electronic billboards are just "too glaring."  

SALES. Billboards entice commuters and drivers to buy their products. Photo by Naoki Mengua/Rappler

Regular billboard requirements

While electronic billboards are loosely regulated, regular billboards have clear guidelines. The DPWH made sure to avoid the recurrence of accidents and messy management of the past. 

The department has strengthened rules and regulations set by the national building code.

For instance, the DPWH has specified that all billboards must have necessary support and have pulleys for them to be easily lowered once the Philippine Atmospheric, Geophysical, and Astronomical Administration (PAGASA) raises storm signal No. 2 in the area.

The DPWH also requires a setback of 5 meters at the front and two meters at the sides and rear of billboards. Size must not exceed 225 square meters and billboards must be at least 100 meters apart. 

Moreover, billboard owners and advertisers are required to submit an annual insurance coverage policy of P100,000.

Domingo said that all these and several other requirements must be submitted to the city's building official to secure a go-signal from the DPWH.

Business matters

Why have billboards continued to proliferate? Simple. They rake in millions.

Tronco explained that billboards have long been in business and are the oldest form of advertising.

Tronco and Domingo both agreed that the total eradication of billboards will cost thousands of jobs.

Creating one billboard alone needs a whole creative team to conceptualize content – graphic artists to execute the concept, models, make-up artists, producers, lightsmen, assistants, drivers, printers, and so on and so forth. 

Tronco also said that advertisers are closely working with government agencies and practice strict self-regulating protocols.

Tronco said content of billboards are governed by the Ad Standards Council (ASC). The council has a long list of rules which are based on existing laws like the consumer protection act, the ASEAN handbook for cosmetic products, and even the milk code.

Tronco added that history has taught advertisers to be very mindful of how much skin is exposed on billboards.

"Back then there were really provocative billboards, but there was also a backlash and that's bad publicity.... Nothing too distracting now," Tronco said.

Controversy is the least that advertisers want to be associated with.

STRATEGY. Companies use electronic billboards to extend their reach. Photo by Naoki Mengua/Rappler

Sticky advertising

So are electronic billboards worth it?

Tronco said: "There are a lot of LEDs right now that's coming out but it doesn’t necessarily mean that LED is the best. Some brands, just because it’s a LED, it looks like a TV. So they stick in a TV commercial. [But] it’s not necessarily that way." 

He also said that billboards are an effective way to kick off product campaigns.

"If you want to launch a product, number one, you should be on TV, and then number two, you should be outdoors," Tronco said.

Moreover, he advised companies to think very carefully about using electronic billboards since they are more expensive than regular billboards.

"Bigger is not necessarily better. Some products or executions are better with smaller billboards like what we see on some train stations; others are better inside establishments or in malls," he said.

CROWDED. Billboards dominate EDSA. Photo by Naoki Mengua/Rappler

Balancing act

Karmi Palafox, urban planner, said that billboards have "become distractions and hazards for road safety."

"Instead of total elimination of billboards, perhaps we can instead identify specific places where they are allowed, where content is better curated... and they’re designed and built with consideration of the streets, the buildings and the people using them. Perhaps if we had more beautiful buildings and more greenery in our cities, those involved wouldn't feel the need to cover them up," Palafox added. 

Billboards are definitely not going away, but Palafox said local governments must not crowd cities with "symbols of consumerism." 

"In London, for several decades outdoor signages have not been allowed along the Thames River to maintain the character and cityscape. While there are commercial signages in trains and train stations, the content, size and materials are well-curated and regulated," Palafox said.

The architect is also pushing for cities to have designated areas for billboards like Times Square in New York or Picadilly Circus in London.

In the savage world of business, one must be able to pitch to customers within seconds or at a glance. Billboards have proven to be such a strong force, that even government can’t put a leash on this advertising beast.

The DPWH indeed has a very daunting task ahead: finding the right balance between business, visual pollution, and public safety. – Rappler.com

How damaged assets can reduce your income tax

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MANILA, Philippines – Just recently we saw a lot of business establishments being flooded due to intense rain brought about by Tropical Storm Karding (Yagi) and the southwest monsoon or habagat. As a result, some taxpayers may have sustained losses in the form of damage to their equipment, machinery, or merchandise. 

Fortunately, our tax laws recognize this problem by allowing casualty losses to be claimed as deduction for income tax purposes. However, there are specific guidelines on the time and manner by which the taxpayers should claim casualty losses. Noncompliance with these guidelines may result in the disallowance or rejection of the deduction during the audit examination of the Bureau of Internal Revenue (BIR).

To avoid the disallowance, it is important to know and comply with the deadline for reporting, the facts to be established, and the documentary requirements for claiming casualty losses.

Definition 

Casualty loss refers to the complete or partial destruction of property resulting from an identifiable event of sudden, unexpected, or unusual nature, such as those arising from storm, fire, shipwreck, or other casualty, or from theft or robbery (Revenue Regulation 12-77).

Requisites for deductibility

Under BIR Revenue Memorandum Order Number 31-2009, the taxpayer claiming casualty losses must comply with the following requisites:

1. The losses were incurred for properties actually used in the business of the taxpayer. The loss of assets not used in business and/or are personal in nature shall not be allowed.

2.  The concerned properties must have been reported as part of the taxpayer's assets based on accounting records and financial statements in the preceding year.

3. The amount of loss compensated by insurance cannot not be claimed as deductible loss.

4. The deduction of assets as capital losses must be properly recorded in the accounting reports (with the adjustment of the applicable accounts).

Documentary requirements

To establish the requisites, the following documents must be submitted to the BIR:

1. Sworn declaration of loss filed within 45 days after the date of the event causing the loss, stating the following:

a. nature of the event that gave rise to such loss and the time of its occurrence;

b. description and location of the damaged properties;

c. items needed to compute the losses (cost or other basis of the properties; depreciation allowed, if any; value of the property before and after the event; and cost of repair);

d. amount of insurance or other compensation received;

2. The Financial Statement for the year immediately preceding the event; 

3. Proof of the elements of the losses claimed:

a. photographs of the properties before and after the typhoon to show the extent of the damage.

b. documentary evidence for determining the cost or valuation of the damaged properties (canceled checks, vouchers, receipts, and other evidence of costs);

c. insurance policy, in the event that there is an insurance coverage for the properties; and

d. police report, in cases of robbery/theft during the typhoon and/or as a consequence of looting

Failure to report a theft or robbery to the police can be held against the taxpayer. However, a mere report of an alleged theft or robbery to the police authorities is not considered as conclusive proof of the loss.

All documents and other evidence submitted to prove the losses shall be subject to verification by the concerned BIR office, and should be kept by the taxpayer as part of his tax records, and be made available to the duly-authorized Revenue Officer/s, upon audit of his Income Tax Return and the declaration of loss.

Weather advisories, like rainfall alerts from NDRRMC, are effective tools to save lives and avoid damage to properties. Yet loss is sometimes inevitable. For this reason, deduction for casualty loss is allowed in the computation of income tax provided that the taxpayer claiming it strictly complies with the requirements set by law and the BIR. – Rappler.com

This article is for general information only. If you have any question or comment regarding this article, you may email the author at egialogo.gdlaw@gmail.com.

Lawyer Edward G. Gialogo is the managing partner of Gialogo Dela Fuente & Associates. He is also a tax speaker in Philippine Institute of Certified Public Accountants. He was an associate director in the Tax Services of SyCip Gorres Velayo & Co.

What to do when your flight gets canceled

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WAITING. Stranded passengers crowd the NAIA Terminal 1 as flights were canceled, following the accident of a Xiamen Air Boeing 737-800 after it slid off the NAIA runway in Paranaque City on August 17, 2018. File photo by Ben Nabong/Rappler

MANILA, Philippines – Do you know what to do in case your plane flight gets canceled?

With the recent plane mishap involving Xiamen Air, passengers were at a loss on what to do with the massive flight cancelations that paralyzed the country's main gateway.

Despite the resumption of flight operations at Ninoy Aquino International Airport's (NAIA) main runway, there were still numerous cancelations brought by the domino effect in operations over the past few days. (LOOK: Crowded NAIA after runway reopening)

General guidelines:

Below are the rights passengers are entitled to according to the Civil Aeronautics Board (CAB):

Delays

If there is terminal delay of at least 3 hours after the time of departure, airlines are required to provide refreshments or meals, regardless whether the carrier is at fault.

Passengers are also entitled to free phone calls, sending of text messages or emails, and first aid, if necessary.

In cases like this, passengers are also entitled to rebooking the ticket without additional charge to the next flight with available space or within 30 days. They may also be reimbursed, including taxes and surcharges of flight.

Passengers may also opt to be endorsed to another carrier without any paying for fare difference.

If there are delays of at least 6 hours from the time of departure, passengers are entitled to demand compensation from the airline for delays attributable to the carrier.

However, this is not applicable for cases of force majeure or unforeseeable circumstances such as accidents, or in this case, the Xiamen Air plane mishap.

Cancelations

If the flight cancelation is due to the airline's fault, passengers who are already at the airport must be given sufficient refreshments or meals, hotel accommodation accessible from the airport, as well as transportation to and from the said hotel.

Similar to delayed flights, passengers may request for free phone calls, sending of text messages or emails, and first aid, if necessary.

Passengers also enjoy the same reimbursement, rebooking, and endorsement privileges similar to a delayed flight.

If the airline is not at fault or in cases of force majeure, passengers may have their ticket fares reimbursed, or rebooked. But CAB notes that the Air Passenger Bill of Rights do not require airlines to charge other relevant fees.

Airline guidelines:

AirAsia

AirAsia passengers have the following options:

  • Move flight - one-time change to a new travel date on the same route within 30 calendar days from original flight time without additional cost, subject to seat availability
  • Credit account - retain the value of your fare in your AirAsia BIG Loyalty account for future travel with AirAsia, with the credit to be redeemed within 90 calendar days from the date of issue.
  • Refund - obtain a full refund in the amount equivalent to your booking.

Philippine Airlines

Philippine Airlines (PAL) passengers can go to ticket offices nationwide, call hotline number 8558888, or visit the ManageMyBooking portal on the airline's website.

Cebu Pacific

Cebu Pacific, meanwhile, said its passengers can opt for any of the following, without penalties:

  • Rebook flights for travel within 30 days from original date of departure
  • Convert into a Travel Fund for future use
  • Get a full refund

Cebu Pacific advised passengers to rebook or refund flights through the Manage Booking section of the airline's website. Passengers can also call hotline number 7020888. – Rappler.com

Secret service: Underground doctors induce safe abortions

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AT A GLANCE

  • From Part 1: Desperate Filipinas seeking to terminate their pregnancies flock to a secret online forum where abortion services are advertised and where other women rate their abortionists
  • From Part 2: The online forum includes positive reviews and deeply disturbing accounts of unsafe abortions including backstreet abortionists terminating pregnancies of up to 7 months 
  • A group of medical doctors secretly provide safe abortions to women, in the belief that women have the right to make choices for their own well-being

Conclusion

READ Part 1: Filipinas buy, sell, rate abortions in online forum
Part 2: How backstreet abortionists terminate 7-month pregnancies


MANILA, Philippines – Amanda had gotten pregnant twice.

The first time she got pregnant, her then-boyfriend left her after finding out she was expecting.

“I decided to keep the child and now have a very close relationship with my son,” she wrote in an online forum for Filipina women.

“But one never knows the future and I fell again for another single successful man. We had a year of a good relationship and I got pregnant 5 months ago,” she said. “When he got to know I was pregnant this man bolted faster than the speed of light.”

Amanda said she wanted to have another child to give her son a sibling, but as a single mother, she knew that what she was earning was only enough for her and her son to have a decent life.

“I decided to abort and did my share of crying when deciding on this,” she wrote. “Once I made my decision, I had to find a reliable abortionist.”

Amanda asked various doctors to help her, but each one refused – abortion being strictly illegal in the Philippines. She finally got a break when a friend referred her to a doctor who she said could help.

“I visited this doctor in her clinic for a prenatal consultation and gently put the question to her but was surprised when she too refused,” she wrote. “I told her that my friend recommended you but she said maybe that was someone else. My heart sank and I was about to cry sorely when she wrote something on a piece of paper.”

The doctor handed Amanda her prescription, along with a separate note.

Scribbled on the piece of paper was one sentence, and a cellphone number: “CALL ME AFTER 4PM AT THIS NUMBER, MY SECRETARY IS LISTENING NOW."

Amanda, who was 5 months pregnant at the time, felt a surge of hope and relief. She phoned the doctor that afternoon.

“I called her and introduced myself and she said she does not do abortions anymore because she was almost caught with a well-planned entrapment operation," Amanda wrote.

"But the best she can do now to help me is to give me a referral to a group of doctors she knows does abortions underground in the Philippines with a well protected system."

“She told me that even to give a referral for an abortion is punishable by our laws so to keep confidential everything," she said.

"That's how I got the number of the secretary of the group of abortion doctors in the Philippines.”

Tedious and thorough

The most-read topic in the online forum, where Filipinas flock to desperately seek abortions, is about a group of medical doctors who offer safe abortion options. As of this writing, it has 180,661 views, 4,060 replies, and is 407 pages long.

The thread is from 2014, but the group of doctors was founded 6 years prior, in 2008, precisely to help women in the Philippines. They are a network of doctors all across the country, in urban and rural areas, from Luzon to Visayas to Mindanao.

The group works in a systematic, professional way, aided by its own dedicated secretary. They operate under intense secrecy, and are hard to find, only traceable through referrals of doctors or former patients, or by looking deep into the internet. But finding them is only half the battle.

INTRO LETTER. The secretary of the group provides an introduction letter to prospective clients. Photo obtained by Rappler

To undergo an abortion with them, the process is detailed and tedious – a stark contrast to backstreet abortionists who, after a few text messages, will immediately agree to a procedure.  (READ: The reality of abortions in the Philippines)

Rappler reached out to the secretary to request for an interview. While the secretary refused, she referred Rappler to an introduction document that is given to potential patients.

“We are very sorry but almost every month we get requests like this. To keep our group and the service underground with the utmost of confidentiality we do not entertain interviews on the service, its extent, its network of medical professionals, and its operation,” the secretary wrote in her reply to Rappler. “But you are welcome to go through what we give to new inquirers as an introduction.”

The document, an introduction letter, has two versions: one in English and another in Filipino. It’s a thorough, 5-page long introduction, which summarizes 10 steps to follow for women who wish to engage in their services:

Step 1: The patient is asked to read an article sent by the secretary via email, which details the process and answers frequently asked questions (FAQs).

Step 2: The patient is made to answer a questionnaire on her pregnancy, health history, and lifestyle to help the doctors decide on the appropriate procedure. The introduction document notes that, “no two cases are the same,” hence abortion procedures differ per person, depending on each patient’s status.

Step 3: The patient is given 3 articles on the medicines, cost of the different packages with these medicines, and the surgery packages if a medical abortion is no longer an option.

Step 4: Patients are offered an anonymous online consultation with one of the doctors on duty. This is especially useful for those who listed health problems in the questionnaire, and for doctors to determine any health risks.

Step 5: The patient is asked to take an Obstetrical Ultrasound through any clinic and hospital, and to send the results to the doctor for evaluation and assessment of possible complications.

Step 6: The patient is finally able to have a face-to-face consultation in a clinic or hospital with one of the group’s nearest willing doctors.

Step 7: Payment options are provided. Accounts in 5 different banks are given to the patient to choose from.

Step 8: The patient can schedule her procedure and can decide on additional options like having a nurse.

Step 9: The patient provides updates post-procedure and receives post-procedure advice as needed, from her assigned doctor or any of the online doctors on duty.

Step 10: The patient is required to update her doctor when she gets her first menstruation post-abortion, which marks the end of the process and a successful abortion. Only then does the process officially end.

The introduction letter also encourages prospective patients to read the online reviews of other women about their services – both negative and positive.

It then ends with an honest reminder, distinctly different from the “painless procedures” promised by backstreet abortionists.

“There has never been a perfect procedure even with doctors. There are always problems from failure, to critical complications, to avoidable delays of doctors and nurses to unavoidable delays due to anatomical and physiological aberrations,” the letter said.

“So do not expect our service to go perfectly as impressed and always plan for the worst. Our doctors can only guarantee that they will do their best to keep you safe primarily and have success secondarily.”

Abortion procedures

Aside from the exhaustive process the group requires before the abortion, the group is evidently professional – advertised services are aligned with those recommended by the World Health Organization (WHO).

The group recommends medical abortions for the first trimester and various surgeries, depending on how far along the pregnancy is: vacuum aspiration, dilation and evacuation, and dilation and extraction.

For the third trimester, the method used is induced premature live birth – although many doctors from the group don't accept third trimester abortions.

Understanding the need for emotional, physical and mental support, the group also highly encourages bringing a companion or two to the procedure – unlike backstreet abortionists who strictly ban any sort of companions to be present.

The services are also priced significantly higher than those charged by backstreet abortionists.

Prices for a medical abortion in the first trimester vary from P3,000 ($56) to P12,000 ($225), depending on whether the medicine is branded or generic and what the doctor recommends, and P10,000 ($188) to P20,000 ($375) for surgical packages.

For the second trimester, a surgical abortion costs between P15,000 ($280) to P25,000 ($470), while for the last trimester, it ranges between P20,000 ($375) to P25,000 ($470).

The fees go up further in the event of complications.

THOROUGH. Some sample questions on the long questionnaire required from patients. Photo obtained by Rappler

There are also options for bedside doctor assistance (P3,000 or $56), nurses (P500-P2,000 or $9-$37, depending on whether they are in rural or urban areas), home service (P3,000-P5,000 or $56-$94), and an additional uterine irrigation post-abortion (P5,000 or $94).

Despite the prices however, it is clear the doctors are not doing it for the money.

A separate document given to patients explains that the surgical costs are high because major surgeries are sometimes done in hospitals where the doctors work, and due to costs of sterilization of instruments, the medicines, and the doctor’s professional fee. 

The group does offer discounts of up to 75% for poor patients, but require the submission of paperwork that proves financial need. For those needing to cut costs, some doctors agree to not doing it in a hospital room and instead doing it at home or in hotels, as long as it is safe for the patient. 

The group also offers a free procedure if the woman’s body does not respond to a medical abortion. Sometimes, doctors even waive their professional fees to help the women.

Risks are also too high for the doctors just to do it for money: doctors can lose their medical licenses and go to jail if caught by authorities performing abortions. (READ: A hard look at abortion in the PH)

Security mechanisms

Based on the hundreds of reviews Rappler dissected, the group of doctors – which has been doing underground abortions for 10 years – put in place tried-and-tested methods to ensure the security and protection of themselves and their patients.

Medicine is mailed to patients via courier, or can be picked up in courier locations.

SAFETY FIRST. Motels and hotels where abortions are done are near to hospitals in case an emergency room is needed. File photo

The secretary of the group will never pick up phone calls and insist only on SMS, chat messaging, or emails for communication. In their FAQ sheet, the group explains, “Nobody wants to have their voices recorded as an abortionist, especially the secretary.”

The abortions are also often done during off hours – very late in the evening or in the wee hours of the morning – between 11 pm and 5 am, particularly for medical abortions, or minor surgeries, which are done in motels or hotels near the doctor’s hospitals.

These hotels and motels are listed and pre-selected by the group to ensure security, and are near hospitals so the doctor can check on the women easily and in case an emergency requires the women to be rushed to the emergency room.

The doctors have full-time jobs and shifts, and do the abortion services on the side, on top of their daily medical duties in hospitals and clinics. Often they have several abortion patients lined up in one night, and see women one after the other.

But the risks of the doctors’ underground operations appear worth it when it comes to ensuring the safety of the women.

'Thank you'

User tiarafate8888, who posted on the forum on August 12, 2018, got accidentally pregnant with her boyfriend. Desperate to terminate her then two-month pregnancy, her boyfriend searched online and bought medicines advertised as abortifacients for P2,900. She bled for two weeks straight after taking the pills.

But after the abortion process was supposedly over, her menstrual period never came. Tiarafate8888 found out she was still pregnant months later, when she was almost 5 months along. Frantic, she searched online and stumbled upon the group of doctors.

After undergoing the necessary steps and being approved for an abortion, tiarafate888 and her boyfriend received a list of things to buy from the drug store for the procedure (things like sterile gloves, cotton, alcohol, betadine, adult diaper, etc), a timetable for her fasting and medicine intake, and a list of hotels to choose from where they could check-in for the procedure. They were told the doctor would come at 2 am.

“Someone knocked on our door and we saw through the peephole the nurse with a man who’s wearing a cap, white polo shirt and pants. We opened the door and they asked us if I am (my name)," she wrote.

"They entered and opened his laptop and discussed everything about the risk and the success of the procedure since I earlier had a failed procedure with the fake medicines. He also asked us to ask questions. They cleaned themselves and prepared the procedure."

Tiarafate8888 and her boyfriend stayed in the hotel for a total of 3 days, and was visited by the doctor and a nurse 3 times. Her abortion was successful.

“I would like to thank the Secretary who patiently entertained us. To the nurse who gave her time to comfort me. And especially to the doctor who did the procedure,” she wrote. “For my baby, I am so sorry.”

User Room716 also posted her experience in the forum on June 21, 2018, explaining she and her husband decided on an abortion since they already had 3 children, aged between 7-12 years old.

“I am now focusing on my career and giving them a good life. Which is already hard, as it is very expensive sending 3 kids to school,” she said.

“Luckily I found this group of doctors. They have extensive data requests and had plenty of locations to choose from as to where you can check in. From motels to expensive hotels,” she wrote.

“They were very professional in every way. It’s more expensive than the others. But girls! It is your lives on the line. If you can find a way, please don’t skimp on this service. Abortion is a very risky procedure.”

She said she had a successful medical procedure and a uterine irrigation afterwards, as well as a nurse who guided her throughout the process. “Your fears will go away, she will check your vitals,” she said.

“I posted this to help other women in making this important decision. Don’t be afraid. They are there to help. It’s hard to get a schedule, they have plenty of patients. But they’re the best one. Don’t go for the others,” she wrote.

She encouraged women not to fear submitting their medical histories, their names, and the information asked for, admitting “I was scared too. But they just need these for medical history and health.”

“They are real doctors. I thought it was too good to be true. But they did this to help us fellow Pinays to get better and safe options,” she said.

Aside from some complaints of physical pain during the procedure, and the emotional trauma after the abortion – all of which can't be prevented even by medical doctors – Rappler found no negative reviews about the group of doctors.

Data collected by Rappler from the forum also shows that when safe abortion options are available, women will indeed choose them over riskier options.

As of July 27, 2018, 323 women availed of an abortion with the group of doctors since 2014, compared to backstreet abortionists like Miss Julie, who did 138 procedures, and Miss Shine who did 98. (Miss Julie only had recorded abortions from 2016 onwards).

The real numbers are of course greater – since these numbers count only those who left comments on the forum – but the data paints a picture of what women seek and ultimately choose.

Watch the video of this young woman who had two abortions, and who spoke to Rappler about how different her experience was when she got an unsafe abortion versus having a safe medical abortion:

'God is an abortionist'

Yet while there is demand for safe abortion options in the Philippines, it is unlikely that an abortion bill will be passed anytime soon.

The Catholic Church continues to wield strong influence on policies and Filipinos, and in 2017, Philippine President Rodrigo Duterte said he supports family planning but “hates” abortion. Many, if not majority, of Filipinos themselves are anti-abortion as well.

This, despite studies showing that banning abortion does not deter women from seeking it, and that abortions are safe in countries where they are legal, but dangerous in countries where they are banned and performed underground.

The group of doctors themselves knows that many oppose what they’re doing, but in FAQ answers, they take the criticism with sharp wit.

Question number 20 on the FAQ sheet reads, “Why are you abortion doctors doing the ‘work of the Devil’?”

To this, the group responded, “The Devil does not know how to do an abortion properly. He never went to medical school. If you allow the Devil to do it you might die (like one of those more than 2,000 Filipinas DYING EVERY YEAR after FAILED attempts to abort with the help of fake/quack doctors, hilots, and petty sellers of fake abortion drugs) and go meet him earlier than expected.”

“We do not want to see you in one of our Emergency Rooms fighting to stay alive because one of the Devil's workers sold you fake drugs or performed improperly a surgical abortion therefore we would rather help you properly before the Devil does and takes you,” the doctors said, referring to backstreet abortionists.

They added, “In fact we are helping God do His work in population control. 50% of all human conceptions end in spontaneous abortion usually without a woman even knowing that she is pregnant. And 20% of all observed pregnancies end in miscarriage. So God is an abortionist.”

But the group also provides a more medical reason to explain why they do what they do.

“The WHO has long approved induced abortion. Our country though a member of WHO is still in the Dark Ages,” the doctors wrote.

They also quoted the WHO’s definition of health: “Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.”                                     

“Interpretation of the definition with respect to abortion: if a woman is still desperate for an abortion after all means to change her mind to keep the pregnancy then give her the abortion otherwise her mental, physical, and eventually social state will be affected and she (by the WHO definition) will not be healthy,” they said.

Indeed, an analysis of the reviews shows that the doctors are not out simply to terminate pregnancies, but also to ensure the mental well-being of Filipino women – whatever their choice may be.

Changing minds

Rappler found various reviews in the forum wherein the doctors consistently asked the women before the procedure whether they were sure about undergoing an abortion.

She tried to convince me to continue the pregnancy and even said that I can afford to raise the child and just to drop-off from school one semester,” user krissy wrote of her experience with her doctor.

While many choose to continue with the abortion, a choice the doctors ultimately respect as long as it is safe, Rappler counted 10 women who, after speaking to their doctors, decided to go through with the pregnancy instead of aborting. Rappler counted no such circumstances with backstreet abortionists.

Username Sienna, in her post on November 2015, shared how one of the group’s doctors helped her.

KEEPING THE BABY. The group of doctors try to convince patients to keep their babies, which they have successfully done. File photo

“I'm into my third trimester now and it was a miracle that a doctor accepted my case. I was also alone and requested for a nurse, but I didn't get one for the same reason,” she said.

“Around 3 am, the doctor came and we discussed my case. He asked me a few questions and explained what would happen. He also explained that it would be very painful for me, not only physically but emotionally as well. He gave me options for adoption and said he'd give me some contact numbers for adoption agencies if I want to,” she wrote.

“He even offered that if I could wait for a few more weeks, he'd be the one to do the procedure for a normal delivery in my own residence. This way, the baby would have a greater chance of surviving as long as she's healthy at the time of delivery.”

She said the doctor joked that in exchange, all he asked for was to be invited to the baby’s first birthday.

Sienna said that their conversation convinced her to keep the baby, and asked the doctor if he could also help convince her boyfriend. The doctor agreed, and planned to meet Sienna and her partner later that afternoon.

But after the doctor left, Sienna changed her mind yet again, compounded by her boyfriend’s persistent refusal to keep the baby. She decided she would go through with the abortion.

By the time the doctor returned, Sienna said she had made up her mind.

“I changed my mind for the last time and said I'd continue the pregnancy and take his offer. I immediately felt happy the moment I told him that, it was like a way to seal the deal and finalize it,” she wrote.

“He said that I made a good decision, and even pointed out that nowadays, women are never really ready to have a child. He said that in ten years, my baby would be running around and I could run around with her too.”

The woman’s username, it turned out, was not her real name but the name she planned for her baby.

“So now, Sienna would stay for a little while inside until she's healthy enough to be born,” she said. “I'm getting a pre-natal checkup soon to see how she's doing, and would have to do everything to keep her as healthy as possible.” She said her boyfriend also ultimately accepted and supported her choice.

“I would like to express my deepest gratitude to my doctor for helping me reach this decision. I wouldn't be happy otherwise. I still get very emotional, especially now as I'm writing this," she wrote.

"I hope that someday, your group's efforts would be recognized and you no longer need to conduct this under the table. When that time comes, I'm pretty sure you'd be able to help out a whole lot more.”

She ended her post by addressing the other women in the forum: “If you are reading this, you probably are in the same predicament as those who wrote numerous posts in this site.”

“My heart goes out to you, and I do hope that you make the best choice in the end.” – with reports from Frances Roberto and Cesar Garcia/Rappler.com

HOAX: Duterte is 'first Philippine president to import galunggong'

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HOAX. A screenshot of a photo that claims President Rodrigo Duterte is the first Philippine president to import galunggong or round scad.

Claim: A photo that was posted on Facebook on Sunday, August 19, claimed that President Rodrigo Duterte is the first Philippine president to import round scad or galunggong.

The photo features the President, and the words, "Kauna-unahang presidente mag-iimport ng galunggong. Ayos ba mga bata?" (The first president to import galunggong. Is that good with you, kids?)

The photo has been shared more than 400 times as of posting.

Rating: FALSE

Facts: Duterte is not the first Philippine president to import galunggong, but this is the first time that imported galunggong will go straight to wet markets, according to Bureau of Fisheries and Aquatic Resources Undersecretary Eduardo Gongona.

Data from the Philippine Statistics Authority (PSA) show galunggong was imported from China, Taiwan, Japan, South Korea, Thailand, the United States, and Vietnam from 2001 to 2016. These imports went to commercial and canning companies and restaurants.

Below is the total cost (in US dollars) of the Philippines' galunggong imports over time, based on data from the PSA.

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During those years, the Philippines has had 3 presidents: Gloria Macapagal Arroyo from 2001 to 2010, Benigno Aquino III from 2010 to 2016, and Duterte from 2016 to present.

The Department of Agriculture recently allowed the importation of galunggong to ensure "national food security," according to a certificate released by the department. Rappler reported about the details of the importation. – Vernise L Tantuco, with reports from Ralf Rivas/Rappler.com 

What did lawyers, police do wrong in Makati bar raid?

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COORDINATION. Lawyers' presence in a site of the search ensures transparency, according to groups.

MANILA, Philippines – The lawyers supposed to be representing one of the owners of a Makati bar now find themselves facing a complaint for alleged constructive possession of illegal drugs after they were arrested and detained for obstruction of justice. 

While they were released on August 17, lawyers Jan Vincent Soliven, Lenie Rocel Rocha, and Romulo Bernard Alarkon of the Desierto & Desierto law firm now face complaints which include resistance and disobedience and violating an ordinance on crossing police lines.

The 3 lawyers, newly-hired by the Time in Manila bar, which was raided for allegedly selling party drugs, were documenting the police search of the bar on August 16. But cops claimed the lawyers intimidated the search team and prevented them from fully searching the bar premises.

Video obtained by Rappler showed the lawyers and policemen engaged in a confrontation.

Many groups condemned the arrests, saying that the lawyers were just doing their job. But what is the required procedure in situations like this? Are these charges too much? 

Once on the site, what should cops and lawyers do first?

Upon arriving on the site, cops and lawyers agree that attorneys should seek out the leader of the police search team, introduce themselves, and identify who they are representing.

If police spot them first, PNP spokesperson Senior Superintendent Benigno Durana said that cops' first question should be: "Sino kayo (Who are you)?"

This is to ensure that the authorities know who they are and what their presence in the venue means. 

Based on police accounts and the video obtained by Rappler, the 3 Makati lawyers refused to identify their client when the raid began. The lawyers only said they represented a "Mr Server" seconds before they were cuffed towards the end of the raid.

While it is “helpful to avoid misunderstanding,” Edre Olalia, president of the National Union of Peoples' Lawyers (NUPL), said prior coordination can defeat the purpose of the lawyers as evidence “can be circumvented, contrived, or pre-empted.”

“Most searches are sudden and unannounced so there is no reasonable opportunity [for] prior coordination,” he explained.

If the raid has already started by the time lawyers arrive, Durana said they should coordinate with cops who are guarding the raided area. These cops are called the "perimeter/security team." As described by the PNP Manual on Anti-drug operations, these teams "determine those who would be allowed into the inner perimeter."

These cops hold the access pass of lawyers that allow them to go to the team leader of the searching party.

"All unauthorized persons shall stay outside the perimeter line," the manual reads, which Durana said, includes lawyers who don't have authority.

Do lawyers need to obtain written authority from their client?

What police say: PNP chief Director General Oscar Albayalde said lawyers “should have explicit authority from the owner that he or she is appointing [the lawyer] as his or her legal counsel.” 

What is explicit authority? PNP spokesperson Durana said there are only two cases that fall under this:

  1. If owners of the establishment are personally there and identify the attorneys representing them
  2. If the lawyers secure a written authorization from their clients

"Why does it have to be documented? Because if it's verbal (the lawyer identifying himself), it can be denied later. If it's in court proceedings, it's only hearsay," said Durana.

If lawyers could not present any, Durana said cops should promptly ask the lawyers to leave. If they refuse, cops should offer to escort them out, he added.

But if they continue to resist to the point of compromising the search operation, Durana said cops "have more than enough reason to arrest [them]." The PNP spokesman said cops can file obstruction of justice charges, precisely the cases thrown at the 3 Makati bar lawyers.

What lawyers say: Legal analyst and lawyer Tony La Viña said that lawyers just need to “show up and identify themselves as lawyers of the person who is being searched.” 

“There is no need to show a retainer contract even. Integrated Bar of the Philippines (IBP) identification cards can be requested to prove identity,” he said.

A written authorization may be best and helpful for convenience but lacking one should not hinder lawyers representing a client from observing the implementation of a search warrant.  

There are different reasons why lawyers may not be immediately able to show a retainer or written authorization, according to Dean Jose Manuel “Chel” Diokno of the Free Legal Assistance Group (FLAG).

May sitwasyon na wala ka talagang panahon kumuha ng retainer letter,” he said. “Wala ka nang choice kundi pumunta sa lugar at magpakilala bilang abogado. Dapat igalang iyan ng pulis.” 

(There are really situations when there’s no time to get a retainer letter. You have no choice but to go to the place and introduce yourself as a lawyer. That should be respected by the police.) 

Olalia, meanwhile, said there is a presumption that a person claiming to represent a client is duly authorized to do so.  

“These things can be verified anyway and there are sanctions for misrepresentation if proven so,” he said. 

Diokno echoed this, adding that lawyers are “supposed to be officers of the courts.”

Kung sakaling binobola ko sila, puwede nila akong kasuhan sa IBP, kasi professional conduct iyan,” he said. "Di naman ako pupunta diyan kung hindi ako inatasan ng kliyente."

(If I’m purposely making misrepresentations to the police, they can file a complaint against me, maybe before the Integrated Bar of the Philippines (IBP) because that involves professional conduct. I won't even go there if I'm not assigned by a client.)

Police appear to have been very rigid about the written authority requirement and glossed over the lawyers being officers of the courts. As the lawyers allegedly interfered in the raid without the authority, police regarded them as suspects.

OBSTRUCTION? Cops detain lawyers at the Makati Police Station on August 16, 2018, for taking notes and photos during a police inventory of a raided bar. Photo courtesy of the Southern Police District

What can lawyers do once allowed to join the raid?

What police say: Durana said that lawyers can ask for a copy of the search warrant, and cops should promptly hand one to the attorneys.

From there, Durana said, lawyers can monitor cops in their raid and remind them of the areas and objects covered by the search warrant. 

If cops see illegal objects "in plain view", they can seize these objects even if they have not been specified in the warrant. These could include drugs or guns, for example.

During the whole operation, lawyers are not allowed to take videos and photos, Durana said.

Top cop Albayalde emphasized that the lawyers should not "intimidate" cops, but "guide" them in implementing the search warrant. Durana echoed this, admitting that policemen, especially the newbie cops, are easily "intimidated" by the presence of lawyers.

What lawyers say: Once lawyers introduce themselves to the team leader of the police, they can now observe the proceedings and make sure everything is being done in accordance with the law. 

They can even "object and protest if warranted by standards and requirements," according to Olalia. 

There is no law that prohibits lawyers from taking photos and videos of the proceedings, he added, "as long as the lawyer or owner of the searched premises does not interfere, obstruct, or prevent a valid search implemented in the correct manner."

Diokno, meanwhile, said that police should not be afraid of documentation.

"If the police are not doing anything illegal, why should the lawyers be prohibited from taking videos and photos? It's for their own protection as well as the lawyers," Diokno said. 

To say that lawyers cannot document proceedings contradicts the PNP's goal to be transparent in anti-drug operations. This attempt at transparency was first made when police were encouraged to use body cameras. 

Why are lawyers needed during a police search?

Olalia explained that the presence of lawyers during the implementation of a search warrant is important to ensure a “transparent and orderly search and seizure” procedure that respects the rights of the accused. 

“Lawyers representing a client or responding to legal assistance must competently, carefully, and meticulously ascertain the protection of rights, avoid abuse, fabrication, manufacture, and tampering or contamination of evidence,” he told Rappler. 

The lawyers are there to mostly find answers to questions including: Does the search team have a search warrant? If so, is it valid? If so, is the proper procedure being observed?

La Viña said that the presence of a lawyer to observe and document the proceedings is “a matter of right of the one subject to the search.”

The role of lawyers in the implementation of search warrants was affirmed by no less than PNP chief Albayalde himself, but he specified that the appreciation only covers law-abiding lawyers.

"We don't have problems with lawyers...It's their job to defend their client, and it's our job to implement and uphold the law," Albayalde said.

"If you already meddle or prevent us from implementing the law, you will be charged accordingly," Albayalde added.

In search warrants implemented under the Comprehensive Dangerous Drugs Act of 2002, lawyers are one of the individuals required to “sign the copies of the inventory.” 

Section 21.1 of the law states that:

"The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof."

– with reports from Lian Buan/Rappler.com  


Officials ask Duterte to fire Mocha Uson from PCOO – source

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REMOVAL. PCOO officials say Assistant Mocha Uson must go. Photo from Senate PRIB

A group of 9 officials from the Presidential Communications Operations Office (PCOO) have asked President Rodrigo Duterte to remove Assistant Secretary Mocha Uson from their agency.

This was confirmed to Rappler by a source privy to a letter handed to Executive Secretary Salvador Medialdea on Friday, August 17.

The letter, signed by 9 various officials from PCOO and its attached agencies, appeals to Duterte to order Uson's "immediate removal from PCOO."

Medialdea was supposedly sympathetic to those behind the letter, even telling them he "understands" where they are coming from and that he too was angered by Uson's video. Duterte himself has been informed of the request. (READ: Medialdea annoyed by Mocha Uson federalism video controversy)

Medialdea saw Rappler's request for comment, but has so far not responded.

Uson has been in hot water for posting a video featuring a lewd federalism jingle performed by a pro-Duterte blogger on her Facebook page, which she also uses as a government official. (READ: Is Mocha Uson above reprimand?)

Her PCOO colleague, Undersecretary Lorraine Badoy, admitted the video was a violation of the government code of ethics. Another official, Philippine Information Agency Director General Harold Clavite, called on Uson to apologize and go on leave.

So far, the PCOO's only concrete action regarding the video was the issuance of a memo reminding all officials to be "more mindful" of their social media posts and to abide by gender-sensitive policies.

Former Civil Service Commission officials told Rappler that Uson could be held liable for the federalism jingle.

"If there is public outcry, she can be held liable.... It now depends on the head of the agency if he saw nothing wrong," said former CSC chairperson Corazon Alma de Leon.

Officials sensing a breach in code of ethics can file a complaint with Duterte.

"There should be a formal complaint to the appointing authority, who will determine if there is prima facie case. The appointing authority decides on an investigation with possible suspension," said former CSC commissioner Mary Ann Mendoza.

Duterte himself was not bothered by Uson's video, according to Malacañang. – Rappler.com

LIST: NAIA runway mishaps over the years

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 MISHAP. Workers attend to a Xiamen Air Boeing 737-800 after it slids off the NAIA runway in Paranaque City on August 17, 2018. Photo by Ben Nabong/Rappler

MANILA, Philippines – The Ninoy Aquino International Airport (NAIA), one of the world’s busiest airports, serves as the main gateway for domestic and international flights to the Philippine capital.

That is why accidents and other unexpected incidents on the airport’s runways and premises can paralyze to flight operations.

On Thursday, August 16, Xiamen Air flight MF8667 slid off the airport runway during what the pilot said was heavy rainfall. The Boeing 737 ended up stuck in a muddy area. This forced the closure of the runway for 36 hours as NAIA scrambled to remove the aircraft.

Several flights have been cancelled or diverted and long queues of stranded passengers filled the airport.

This recent incident, however, was not a first in Manila’s international airport. Inclement weather, as well as faulty engines, are among usual causes of serious runway accidents over the years.

Here is a look back at some of the airport’s major runway mishaps:

1980, February 7: China Airlines flight CI 811

China Airlines flight CI 811 undershot the then known Manila International Airport (MIA) runway upon landing and caught fire. The aircraft arrived from Taipei, Taiwan. Two passengers died out of the the 124 passengers and 11 crew members on board. 

1989, July 21: Philippine Airlines flight PR 124

The British Aircraft Corp. (BAC) 1-11 jet of the Philippine Airlines overshot the MIA runway during a rainstorm, careening through a portion of the South Luzon Expressway near Nichols Air Base.

No fatalities were recorded among the 93 passengers and 5 crew members aboard the Zamboanga City to Manila flight. However, the crash killed 8 on the ground, after the jet collided with at least 3 vehicles.

According to aviation authorities, the pilot was warned against landing, as heavy rains lessened visibility and runway lights began to malfunction. The incident caused major traffic along the expressway, as well as in the air.

1990, May 11: Philippine Airlines flight 143

Philippine Airlines flight 143 bound for Iloilo City was being towed into the NAIA runway in preparation for take-off when an explosion in rocked the Boeing 737-300 aircraft. Moments later, the plane, carrying 120 people on board, was engulfed in fire and heavy smoke.

Passengers reported at least 3 explosions in the plane. While it was initially speculated that a bomb may have caused the blast, no explosive materials were found. Authorities suspected a busted fuel tank may have caused the mishap.

The explosion killed 8 passengers, and left more than 80 injured.

1999, June 28: Federal Express (FedEx) flight FX-77S

In the midst of heavy rains, the Federal Express FX-77S cargo plane overshot the airport’s runway by about 20 meters. The Airbus A310, which took off from Cebu City, came to a halt just by the NAIA concrete perimeter wall. According to a report by the Associated Press, the airbus stopped merely 2 meters away from a busy highway in Parañaque City.

All crewmen, including one FedEx employee, were uninjured. Some flights were allowed access to and from NAIA via the other end of the main runway after the incident.

2009, August 23: South East Asian Airlines flight DG-0624

SEAir Dornier 328 registered RP-C6328 flight from Caticlan to Manila swerved right off NAIA’s Runway 13, coming to a stop on a grassy area near Runway 4. The aircraft encountered a strong gush of crosswinds upon landing, causing it to veer off its original tracks.

No passengers were injured. However, the airport was temporarily closed to give way for towing.

2013, June 14: Cebu Pacific Airbus A320 flight 5J448

Cebu Pacific flight 5J448 just landed in NAIA from Iloilo City when it skidded to the right portion of the runway amid heavy rains, damaging 5 runway edge lights.

An incident report by the Manila International Airport Authority (MIAA), operator of the NAIA, said all 95 passengers of the Airbus A320 were safe. Unlike previous incidents, NAIA operations were not disrupted by the incident. –Rappler.com

 

Sources: Civil Aviation Authority of the Philippines, various news reports. Photos from Wikipedia Commons

China's 'best': What you need to know about Xiamen Air

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CHINA'S BEST. Workers attend to a Xiamen Air Boeing 737-800 after it slids off the NAIA runway in Paranaque City on August 17, 2018. Photo by Ben Nabong/Rappler

MANILA, Philippines – Xiamen Air (formerly Xiamen Airlines) got stuck in the middle of a controversy after one of its aircraft slid off a NAIA runway during heavy downpour, causing closures that affected several flights. 

It has since apologized for the domino effect of problems the accident caused. The Chinese airline will now have to pay initially P15 million to the Philippine government to cover the rental cost of equipment used to remove the aircraft from the runway, according to Manila International Airport Authority (MIAA) General Manager Ed Monreal. 

Established in 1984, Xiamen Air is one of China’s oldest airline companies with 34 years of operations under its belt. It was initially developed to connect the southeastern Chinese province of Fujian to the rest of country. 

The airline is based at the Xiamen Gaoqi International Airport and considers Fuzhou and Wuyishan airports as its secondary hubs. 

As of early 2018, Xiamen Air’s fleet had about 163 aircraft which fly through more than 400 domestic and international routes to over 1,074 destinations. They have flights to and from about 177 countries – mostly in Asia, Europe, and North America. 

It was only in 2015 when Xiamen Air was able to conduct an inter-continental flight after decades of only short distance flights to other Asian countries.  The airline company’s first destination outside Asia was Amsterdam in Europe before eventually catering flights to North America in later years. 

President's choice. Chinese President Xi Jinping checks out the Boeing aircraft being built for XiamenAir. Photo from Xiamen Airlines Facebook

‘China’s best’ 

Its company profile boasts Xiamen Air as having the “highest international financial rating” among all Chinese airlines. 

In fact, a report by the South China Morning Post said Chinese President Xi Jinping dubbed the airline as “an epitome of China’s civil aviation development." 

According to its financial records, Xiamen Air has eaned a total revenue of 120 billion yuan with profits of 12.7 billion yuan since 2009. 

The Center for Aviation (CAPA), a respected aviation and travel trade website, said that it was “most consistently profitable” in the past two decades.  

Data from CAPA also shows that Xiamen Air is a privately owned company. Its major shareholders include with China Southern Airlines with 55%, Xiamen Construction & Development Group with 34%, and Fujian Investment & Development Group with 11%. 

‘Accident-free’?

According to its company profile, Xiamen Air has already “accumulated 4 million hours of accident-free flight.” 

This data, however, was prior to what happened on August 16 when its Boeing-737 slid off a NAIA runway during heavy downpour. 

While there were no casualties or injuries, thousands of airline passengers were stranded as flights at the NAIA were  cancelled and diverted due to the closure of the affected runway. It was only reopened nearly two days after on August 18. (READ: What to do when your flight gets canceled) 

Before the NAIA mishap, the last major incident to happen to a Xiamen Air flight was in 1990 when its aircraft was hijacked by 21-year old man That plane collided with two other planes while attempting to land at the Guangzhou Baiyun International Airport.

Aboout 128 people died in that incident.

The database of the Aviation Safety Network, meanwhile, has recorded at least 11 incidents involving aircraft of Xiamen Air. These include 9 hijacking incidents with suspects demanding the flights to be diverted to Taiwan. – Rappler.com

Where's the neck brace? Speaker Arroyo shows scars to prove spinal condition

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WEARING OFF OF THE BONES. An old photo of former president and now Speaker Gloria Macapagal Arroyo wearing her neck brace. File photo by Ted Aljibe/AFP

Still doubting if Speaker Gloria Macapagal Arroyo truly has a lingering illness?

In an interview with GMA 7’s Unang Hirit, Arroyo showed the scars on her back to prove that she continues to suffer from multiple cervical spondylosis, the degeneration of the intervertebral disks, causing pain to the spine.

The former president-turned-House leader obliged reporter Arnold Clavio’s request for her to show her scars during their interview. A video excerpt was uploaded on YouTube on Monday, August 20. 

Arroyo was asked to respond to some criticisms thrown at her because she does not constantly wear her halo neck brace now that she has been installed as the Speaker.

Nandiyan pa, nandiyan pa. Nando’n ka naman do’n sa ospital no’ng kakaopera ko, di ba? O ikaw nga yong unang nagpakita sa buong mundo kung gaano kalaki, gaano kahaba yong aking operasyon sa likod,” the Speaker told Clavio.

(They're still here, they're still here. You were there when I had just undergone an operation, weren't you? You were the first person to show the world how long my scars were from the operation on my back.)

While laughing, Arroyo turned her back to the camera and let Clavio part her hair to show her scars.

PROOF. GMA 7's Arnold Clavio shows Speaker Gloria Macapagal Arroyo's scars to the camera. Screenshot from GMA News' YouTube account

The scars were a result of Arroyo’s anterior cervical distectomy and fusion surgery in 2011, an operation where doctors first removed the problematic cervical disc, then stabilized the spine. Titanium implants and a bone substitute were used to rebuild Arroyo’s spine. (READ: FAST FACTS: Spinal surgery and titanium plates)

SCARS. A close-up of Speaker Gloria Macapagal Arroyo's back scars. Screenshot from GMA News' YouTube account

The former president had to go through several operations over the years because of her spine, one of the reasons why Arroyo ended up under hospital arrest at the Veterans Memorial Medical Center (VMMC) instead of jail over allegedly misusing P366 million in state charity funds.  

She walked free after nearly 4 years in VMMC in July 2016. 

In the same interview, Arroyo narrated that she also had a bump on the part of her forehead in between her eyes, as her halo vest had to be screwed in place. 

She also demonstrated that she can only turn her neck slightly to the right after her surgeries. 

The Speaker’s lawyer Ferdinand Topacio told Rappler in 2016 that Arroyo wears neck brace whenever she goes through her brisk walking exercises and when she feels pain on her neck. – Rappler.com

 

Runway incidents: Lessons from other international airports

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IMPROVEMENTS. Alternative runways and better technologies are needed for better response to airport accidents like Thursday's Xiamer Air incident. Photo by Ben Nabong/Rappler

MANILA, Philippines – Earlier this year, the Ninoy Aquino International Airport (NAIA) ranked 10th on the list of the “world’s most improved airports,” according to a report released by London-based Skytrax, an independent customer forum that rates airports and airlines.

However, there is still a lot for room for improving Manila’s premier airport, especially in terms of dealing with airport crises.

It took 36 hours before NAIA’s runway was officially reopened following the Xiamen Air accident last Thursday, August 16. It was originally set to reopen at 12 noon on Friday, August 17, but was delayed due to difficulties in removing the immobilized Boeing 737.

It took 5 days for flight operations to normalize, but some airline carriers, such as Philippine Airlines, are still dealing with the aftermath of the runway mishap.

While runway incidents and delays are inevitable, preemptive measures and immediate remedial action can minimize overall damage on airport operations. How do other international airports respond to similar incidents?

Swift response, alternative runways

Changi International Airport, also named the world’s best airport since 2016, practices efficient response to emergencies in the airport’s runway. (READ: #SG50: What PH's NAIA should learn from SG's Changi Airport)

According to the Changi Airport Group, management and recovery operations follow 4 steps: emergency response, aircraft investigation, runway or turf repair, and resumption of operations. Depending on the type of incident and aircraft involved, time spent for these operations varies.

EFFICIENCY. Singapore's Changi International Airport has developed swift emergency responses to runway incursions. Photo from Changi Airport Group

While fairly similar protocols have been used by NAIA authorities, what gives Changi Airport an advantage is its two-runway system. Flight operations may be halved during incidents, but the good thing is, access to Singapore’s gateway is not entirely paralyzed.

For instance, a South Korean airshow plane skidded off the runway and caught fire on February 8, 2018, causing disruptions in flight schedules and the closure of one of Changi’s runways.

However, some flights were able to access the airport via Runway 2. Immediate reopening of the runway 6 hours after the incident also facilitated swift normalization of flight operations later on the same day.

Similarly, operations were unaffected in Seoul’s Incheon International Airport after a US cargo plane skidded off the runway on June 6, 2017, since the two other runways were fully-functional.

Runway technologies

RUNWAY MEASURES. Incheon International Airpot is equipped with a runway incursion monitoring and conflict alert system (RIMCAS) in preparation for possible mishaps. Shutterstock image

Aside from better responses and alternative runways, advanced runway technologies can also help mitigate runway mishaps. In Incheon International Airport, a runway incursion monitoring and conflict alert system (RIMCAS) is in place.

Runway incursions and other mishaps are first monitored through the Airport Surface Detection Equipment Radar (ASDE). Then an alarm is triggered whenever air traffic control monitors a possible runway incursion is bound to happen.

Other technologies in place – such as new ASDE-X antennas with multi-radar tracking function and automatic dependent surveillance-broadcast (ADS-B) system – also help in reducing aircraft blind spots especially during inclement weather.

Moreover, the United States Federal Aviation Administration has also begun setting up Runway Status Lights in 2017, designed to “reduce the number of runway incursions without interfering with normal and safe airport operations.”

The lights are embedded in the airport’s runways and taxiways which automatically turn red to signify that it is dangerous to use the runway.

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Currently, the Runway Status Light Program is operational in 16 major US airports. The same system was also adapted by Paris’ Charles de Gaulle Airport in 2017, marking it a first for Europe.

NAIA’s next steps

Transportation Secretary Arthur Tugade said that the recent Xiamen Air mishap was an eye-opener on the need to improve on the airport’s protocols, procedures, as well as airline communications.

Airport operations were further delayed after some airlines pushed through with recovery flights without notifying the Manila International Airport Authority.

Some senators are pushing for NAIA’s expansion, given several proposals for the airport’s rehabilitation, development, and maintenance from both the NAIA Consortium and the private sector.

Other legislators, as well as airport authorities, also recognize the need to develop airports in other provinces like Clark and Cebu to facilitate easy redirecting of flights during situations like this. – Rappler.com

TIMELINE: Xiamen Air plane mishap at NAIA runway

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RUNWAY MISHAP. A torn-off engine pod from a Xiamen Air Boeing 737-800 series passenger aircraft, operating as Flight MF8667 from Xiamen to Manila, is seen on August 17, 2018. Photo by Ted Aljibe/AFP

MANILA, Philippines – For over 4 days, the Philippines' main airport was paralyzed due to the Xiamen Air mishap.

Hundreds of flights were canceled, dozens of flights were diverted, and thousands of passengers were stranded. (READ: What to do when your flight gets canceled)

Here's a rundown of what has happened.

{source}<h3>Thursday, August 16</h3>{/source}

11:55 pm

Xiamen Air Flight MF8667 skids off the main runway of the Ninoy Aquino International Airport (NAIA) during landing. The pilot blames the "sudden" heavy downpour as they were landing.

The Aircraft Accident Investigation and Inquiry Board (AAIIB) says the aircraft, a Boeing 737-800, hit several runway lights. Its tire from the nose landing gear got separated, followed by the main landing gear, then the left engine.

All 157 passengers and 8 flight crew are declared safe.

NAIA international runway 06/24 is closed following the accident.

{source}<h3>Friday, August 17</h3>{/source}

4:21 am

The Manila International Airport Authority (MIAA) informs the public about the accident through a Facebook post.

7:51 am

In a press briefing, airport authorities say the runway will be closed until noon, to give way to the extraction of the aircraft and to clear the runway of debris.

11:25 am

The MIAA lifts the tail-end of the aircraft to offload baggage.

12 pm

The closure is extended to 4 pm the same day.

Passengers flock to NAIA even as airlines are forced to cancel flights.

Overseas Filipino workers (OFWs) express fear they might lose their jobs if they don't reach their destinations on time.

STRANDED. Passengers wait at the Ninoy Aquino International Airport Terminal 1 on August 17, 2018. Photo by Ben Nabong/Rappler

3:53 pm

Airport authorities hold another press briefing, saying that the runway closure is extended to 7 pm.

6 pm

It is announced that the runway will be closed further until 5 am on Saturday, August 18. Airlines continue to cancel flights.

Airport officials explain that lifting the aircraft using 500-ton telescopic boom cranes would take 3 hours to mobilize and another 3 hours to demobilize. The Xiamen Air plane also contains 4 tons of highly combustible jet fuel.

A total of 135 flights are canceled while 17 are diverted on Friday.

{source}<h3>Saturday, August 18</h3>{/source}

RECOVERY. Xiamen Air Flight MF8667 is lifted by a telescopic boom crane. MIAA photo

3 am

The Xiamen Air plane is lifted using telescopic boom cranes. Officials say the muddy terrain and the weather condition added to the struggle of removing the aircraft.

6 am

The MIAA gives a "final extension" for the runway closure to Saturday noon.

Airport officials say the plane will be transported to the Balabag Ramp.

6:59 am

The plane is removed from runway 06/24 and brought to the Balabag Ramp.

11:36 am

Around 36 hours after the accident, the runway is reopened for flight operations.

But airlines continue to cancel flights due to the domino effect brought by numerous cancellations in the past days. NAIA remains crowded with stranded passengers. (LOOK: Crowded NAIA after runway reopening)

Transportation Secretary Arthur Tugade apologizes to the public and describes the accident as an "eye-opener."

Senator Grace Poe, chairperson of the Senate committee on public services, says a probe will be conducted.

{source}<h3>Sunday, August 19</h3>{/source}

Flight cancellations continue. More passengers arrive at NAIA to wait for their flights or rebook.

A total of 61 recovery flights are recorded landing without proper coordination, worsening delays. Recovery flights are those that were diverted to other airports, but landed at the original airport.

{source}<h3>Monday, August 20</h3>{/source}

11 am

Airport officials meet with Xiamen Air. MIAA General Manager Ed Monreal says they demanded an apology and asked the Chinese airline to provide refreshments for stranded passengers.

Monreal also gives Xiamen Air an idea of how much it would have to pay for the accident. Based on the initial computation, extraction of the plane amounts to at least P15 million, excluding costs resulting from flight cancellations and diversions.

2 pm

The Civil Aviation Authority of the Philippines says the pilot and co-pilot are being interviewed as part of the investigation. Both test negative for drugs. They also took alcohol tests, but the results have yet to be released.

Monreal clarifies that Xiamen Air was responsible for removing the disabled aircraft from the NAIA runway. The Philippine government only took over, he says, because waiting for Xiamen Air "might take a week."

Monreal also says 631 flights were canceled from Friday to Monday.

At the House of Representatives, the committee on transportation schedules an inquiry into the mishap.

4 pm

Xiamen Air apologizes to the Filipino public on the 4th day since the accident.

The Department of Foreign Affairs instructs Philippine embassies to issue certifications to OFWs, who would have to explain their delayed arrival to foreign employers.

{source}<h3>Tuesday, August 21</h3>{/source}

The MIAA says flight operations have returned to normal, with only Terminal 1 experiencing light congestion in terms of passenger traffic.

Monreal also says he will not step down from his post, despite calls for him to resign over the handling of the Xiamen Air mishap. – Rappler.com

What if Ninoy Aquino met Leila de Lima? Noynoy jokes about their chat

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CRITICS. Benigno 'Ninoy' Aquino Jr was regarded as the staunchest opponent of the dictatorship of then-president Ferdinand Marcos. Photo from the Presidential Museum and Library Flickr account

From one jailed opposition senator to another.

Former president Benigno Aquino III could not help but think of what a conversation between his father, the late senator Benigno “Ninoy” Aquino Jr, and detained Senator Leila de Lima would look like.

To convey his point, Aquino made light of the serious matter on Tuesday, August 21, during the 35th death anniversary of his father.

Ninoy was the fiercest critic of the late dictator Ferdinand Marcos while De Lima is perhaps the steadiest opponent of President Rodrigo Duterte, who has repeatedly praised Marcos. Both Ninoy and De Lima are members of the Liberal Party.

Their conversation would go like this, according to the former president:

“Leila, alam mo naman naging senador ako.” Sasagot si Leila, “Ako rin po.”

“Leila, nakulong ako pitong taon at pitong buwan.” Si Leila [sasagot], “Ako dalawang taon naman pong nakakulong.”

“Leila, alam mo bang ang nag-akusa sa akin ay pangulong nakaupo?” Sasabihin ni Leila, “Ako rin po.”

“Leila, ako na-assassinate sa Manila International Airport.” Malamang sasagot si Leila ng: “Ay sana naman, di ako maganyan.”

("Leila, you know I became a senator." Leila would answer, "Me too."

"Leila, I was imprisoned for 7 years and 7 months." Leila would answer, "Me, for two years now."

"Leila, you know it was a sitting president who accused me of crimes?" Leila would say, "Yes, me too."

"Leila, I was assassinated at the Manila International Airport." Leila would likely reply, "Oh, I hope I don't end up like that.")

The late senator was one of the first individuals arrested following Marcos’ Martial Law proclamation. He underwent a military trial after he was accused of murder, illegal possession of firearms, and subversion. He was assassinated upon arrival at what was then called the Manila International Airport. (READ: LOOK BACK: The Aquino assassination)

De Lima is detained at the PNP Custodial Center in Camp Crame over drug charges, which she claims, are fabricated.

As early as the 2016 campaign, President Duterte had vowed to go after De Lima, who first investigated him in 2009 for the Davao Death Squad. (READ: De Lima in jail: 'I never imagined Duterte would be this vindictive')

Aquino ended his speech by repeating his father’s famous words: "The Filipino is worth dying for."

There is no doubt, he said, that his father would stand by his statement even amid the current political landscape. After all, Aquino said, the country proved that it is capable of a peaceful revolution that ousted a dictator in 1986.

This, Aquino said, would not be the last time that Filipinos would “stand for the truth," in apparent reference to the People Power Revolution.

“Minsan na ngang nagpakita ng lakas ang taumbayan. Paniwala ko po, sa gabay ng Poong Maykapal, at sa tiwala at malasakit sa kapwa, sa tamang oras, muling maninindigan para sa tama at katotohanan ang sambayanang Pilipino,” said Aquino, who had recently become more vocal in criticizing his successor.

(The country has once shown its power. I believe that with the help of God and with trust and compassion for our countrymen, at the right time, the Filipino people will again stand up for what is true and right.) – Rappler.com


Duterte shares his struggles with smartphones, Viber

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OLD SCHOOL. President Rodrigo Duterte says he prefers using cellular phones with physical buttons. Malacañang file photo

You can't teach an old dog new tricks.

This was President Rodrigo Duterte's ardent belief as he admitted to his struggles in using a touchscreen phone and the messaging app Viber.

The 73-year-old Chief Executive is known to have an iPhone and even an Apple watch, but said he much prefers his "de-pindot" cellular phone.

Mobile phone users of the older generation may be able to relate to Duterte's complaints about touchscreen typing.

"Sabi mo, touch. Isang pindot mo, tatlong numero lalabas. Magpindot ka dito ng "i," lahat ng katabi ng "i" lumalabas. Kailan kaya matapos ito?" said Duterte in a speech on Tuesday, August 21, in Cebu City.

(You said, touch. One press, 3 numbers come out. You press "i," all the letters next to "i" come out. When will this message be complete?)

Duterte said he only likes smartphones because it allows him to view pictures.

"Ayaw ko na ito. Pinaglalaruan ko lang. Pictures eh, 'yan lang ang gusto ko. 'Pag nandiyan na 'yung picture, pakita mo sa akin," he said. (I don't like this. I just play with it. I only like the pictures. When the picture is there, show it to me.)

Mishaps with Viber

Duterte admitted yet another detail about his social media life – or lack of it. He claims he has a Viber account that he barely uses.

"May Viber kasi ako, pero hindi ko ginagamit. Tapos, ewan ko, napindot ko raw 'yung 'send all.' Yung 'send all,' nandiyan 'yung lahat ng pangalan nila. Sabi nila, 'You created a group.' Anong 'you created a group'?" railed Duterte, to the amusement of his audience.

(I have Viber, but I don't use it. And one time, I don't know, I supposedly pressed "send all." All their names were there. They said, "You created a group." What do you mean "you created a group"?)

Viber has a special Broadcast List feature that allows the user to send messages to multiple contacts without adding them to a group. 

In the same speech, Duterte claimed he watched Netflix that afternoon. He has also previously complained lightheartedly about his youngest daughter Veronica spending too much time on her smartphone. – Rappler.com

 

 

Why is it so difficult to access SALNs of House lawmakers?

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HARD TO ACCESS SALNs. It has long been difficult to get copies of the full SALNs of all lawmakers in the House of Representatives. File photo by Darren Langit/Rappler

MANILA, Philippines – Wonder how much the net worth of your district representative is? Access to lawmakers’ Statements of Assets, Liabilities, and Net Worth (SALNs) may soon be more restricted with the new set of rules being proposed at the House of Representatives. 

House Resolution (HR) No. 1410 contains the proposed rules of procedure in the filing, review, disclosure of, and access to SALNs of all legislators and employees of the lower chamber. 

Under HR 1410, any person’s request to gain access to a lawmaker’s full SALN would have to get the approval of the House plenary. This is on top of the request successfully hurdling the committee on SALN review and compliance

This means legislators would have the final say on whether or not a requesting party can access one of their colleagues’ SALNs. 

A requesting party would also be required to sign the sworn undertaking and declaration portion of the SALN Request Form, which lists specific ways the information in the SALN may or may not be used.  

Failure to submit the SALN is a violation of Section 8 of Republic Act Number 6713. It is punishable by suspension of up to 6 months for the first offense, and dismissal from service for the second offense.

The late Renato Corona was impeached as chief justice for failing to declare some of his assets in his SALN.

Who drafted the SALN rules? The resolution was authored by the previous leadership of the House under the 17th Congress: 

  • Ex-speaker Pantaleon Alvarez, Davao del Norte 1st District 
  • Ex-majority leader Rodolfo Fariñas, Ilocos Norte 1st District
  • Ex-senior deputy majority leader Juan Pablo Bondoc, Pampanga 4th District 
  • SALN review and compliance and committee chairperson Reynaldo Umali, Oriental Mindoro 2nd District 

Apart from Umali, the proposed rules were drafted by the following committee members:

  • Arthur Defensor, Iloilo 3rd District
  • Isabel Noel, AN WARAY
  • Marlyn Primicias Agabas, Pangasinan 6th District
  • Vicente Veloso, Leyte 3rd District
  • Eugene de Vera, Arts, Business, and Science Professionals

HR 1410 has been pending with the committee on rules since November 20, 2017.  

It remains to be seen if Speaker Gloria Macapagal Arroyo, who replaced Alvarez, will act on the resolution or move to amend its provisions before the 17th Congress adjourns session sine die in June 2019.

How were people able to access lawmakers’ SALNS in the past? It has long been difficult to get a copy of the full SALNs of all members of the House, even before the drafting of HR 1410. 

In 2012, the House began refusing to automatically release the SALNs of all of its members. Then speaker Feliciano Belmonte Jr created a committee tasked with formulating rules and procedures on the public’s access to SALNs. (READ: 3 years post-Corona, lawmakers averse to release SALNs

Belmonte also said that requests for SALNs should be directed to the individual lawmakers themselves. When Rappler did so in 2012, only 5 congressmen released their SALNs

Instead of posting the full SALNs of its members, the House just uploads a summary of every legislator’s total assets, total liabilities, and net worth on its official website sometime in the middle of the year. (READ: 9 representatives' net worth more than doubled in 2017

Any lawmaker, however, is free to voluntarily publicize his or her SALN, like what several opposition lawmakers did this year with their 2017 SALNs.

How would lawmakers’ SALNs be accessed under HR 1410? The resolution essentially formalizes the request procedure being implemented since the time of Belmonte. 

Section 12, Rule V states that all requests for the SALNs of legislators and House employees shall be filed with the OSEC using the official SALN Request Form. Only the copies of the latest SALNs would be given, unless the requesting party would be able to justify the need to access previous years’ SALNs. 

Journalists who want to access SALNs would have to provide “proof under oath” of their media affiliation as well as a certification from a House-accredited media organization that they are a “legitimate media practitioner.”

Students who want to access legislators’ SALNs would have to provide a valid school identification card, a certification from the school or teacher that their request is for a required academic purpose, and a certification from the educational institution that the student is currently enrolled.  

The requesting party would have to sign the SALN Request Form’s sworn undertaking and declaration portion, which says the SALNs may only be used for the purpose stated in the request. 

The same document also says the SALN shall not be used for the following:

  • Any purpose contrary to morals or public policy
  • Any commercial purpose other than by news and communications media for dissemination to the general public
  • To put anyone’s life and safety in imminent danger
  • To compromise the decisions and activities of the House member, officer, or employee concerned
  • To interfere with law enforcement proceedings
  • Deprive a person of the right to a fair trial or an impartial adjudication
  • Disclose the identity of a confidential source
  • Unjustifiably disclose investigative techniques and procedures

A requesting party would also have to “certify under oath” that the SALN request “does not constitute an unwarranted invasion of personal privacy” and the name of the SALN owner would not be disclosed but referred to in general terms if used for academic purposes.  

The person requesting must also declare that he or she has no “derogatory record” of having misused any information he or she previously requested.

The SALN review and compliance committee secretariat will conduct a preliminary assessment of the request. A copy of the request would also be given to the legislator or House employee concerned. 

If the secretariat approves the request, it would then be transferred to the SALN review and compliance committee members. 

Section 14 states that the committee may grant or deny the requests for access to the SALNs “provided that access to copies of the SALNs of House members by the public shall be referred to the House plenary for final determination. 

Would there be any fees to gain access to a SALN? If HR 1410 is approved, yes.

The resolution will require a requesting party to pay P300 for each copy of the SALN request. This would cover the “cost of reproduction and certification, exclusive of mailing costs and other related expenses.”

So should a person be allowed to gain access to the SALNs of all 292 lawmakers in the 17th Congress, he or she would have to pay a total of P87,600.

How do the authors defend HR 1410? De Vera, one of the lawmakers who drafted the proposed House rules on the SALNs, said the intent was to protect House members and employees’ right to privacy. 

“The SALN contains information or details which are very private. For example, the house and lot, residential lot, the address is there, and of course, not all members of Congress would want their address to be known to the public. They also want to have security in their own places,” De Vera told Rappler in a phone call. 

He said the committee agreed on releasing the summary of lawmakers’ total assets, total liabilities, and net worth anyway, which are the more crucial information in the SALNs. 

“What is important in the SALN is the capacity of every government employee to procure any property based on acquisition cost. Can he or she really afford to buy this property?” said De Vera in Filipino. 

He added that the committee “patterned” the proposed rules on SALN filing and access with the procedure being implemented in the Supreme Court (SC). (READ: Why don't we know enough about Supreme Court Justices' wealth?)

“We patterned our procedure in the release of SALN to that of the SC. So we did not just invent this one. When you ask for an SC justice, they would take it up in the banc. For us, we take it up on the plenary,” said De Vera. 

Still, he said a person who wishes to access lawmakers’ SALNs can always go directly to the legislator himself or herself. The proposed rules would only be applied should the lawmaker concerned refuse the person’s initial request.

“If the lawmaker would give his consent, then no problem about it,” said De Vera.

This is not explicitly mentioned in HR 1410, however. 

Does HR 1410 promote transparency in government? Opposition lawmakers Edcel Lagman and Tom Villarin both don’t think so. 

“The resolution provided stringent measures and requirements for the release of SALNs by a review committee that has the power to decide to withhold such public document,” said Villarin, representative of Akbayan.

“It emasculates the right to information of citizens, especially that of looking into the accountability of their public officials,” he added in a text message to Rappler. 

Lagman, Albay 1st District representative, also wondered why such strict provisions are being proposed to access lawmakers’ SALNs. 

“What is so sacrosanct about the contents of a representative’s SALN that the access to it by the public and media is made inordinately restrictive and tedious as contained in the proposed House Resolution No. 1410 on the rules referring to, among others, access to SALNs of members of the House?” he asked in a Viber message.

“If we have nothing to hide, why make public access to and disclosure of SALNs, which are public documents, extremely difficult to the extent of discouraging and deterring applicants from securing copies of said?” Lagman pointed out. 

They both called on the new leadership under Arroyo to review HR 1410. 

“I urge the new leadership of the House and my colleagues to collectively review and liberalize the proposed rules to assure transparency and ready access to the said SALNs,” said Lagman. 

Villarin said HR 1410 also needs to be amended to make lawmakers’ SALNs more accessible to the public. 

“While the loss of privacy and security threats may arise, a public official has to unmask the veil of secrecy,” he said.– Rappler.com

HOAX: Kris Aquino wears ‘Imelda Marcos’ necklace’

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A screenshot of a blog post that claims that Kris Aquino wore a necklace that belonged to Imelda Marcos.

Claim: Three blog posts have accused entertainment personality Kris Aquino of wearing necklaces that allegedly belonged to former first lady Imelda Marcos.

The headline of a post on sabiniya.com reads: “SC Orders Kris Aquino to Return ‘Imelda Marcos Diamond Necklace’ She Borrowed from Malacañang During Pnoy’s Term.” The post’s timestamp indicated June 20, 2017, but another date on the body of the story implies that it was published on February 6.

The blog post said that Aquino’s necklace belonged to Marcos and was loaned by Malacañang Palace for her to wear to the Asia-Pacific Economic Cooperation (APEC) Summit events in November 2015. She was allegedly given a one-year loan and had to return the necklace in November 2016, which is why the Supreme Court ordered her to return it.

The necklace, which supposedly costs $1.2 million, was custom-designed by a late French designer for Marcos.

Sabiniya.com cites phnewspride.blogspot.com as a source, but the story that they linked to on phnewspride.blogspot.com is no longer on the site.

Another two blog posts from www.asensopinoy.info and www.onelinebalita.xyz accuse Aquino of using a necklace from Marcos during the Crazy Rich Asians premiere in Hollywood on August 12. Both of their headlines read: “Kwintas na suot ni Kris Aquino sa Crazy Rich Asian premiere si Imelda Marcos ang may ari!” (The necklace that Kris Aquino wore to the Crazy Rich Asians premiere belongs to Imelda Marcos!)

Both articles contain a YouTube video from the channel Du30 News. In it, a vocal supporter of President Rodrigo Duterte claims Aquino’s necklace during the premiere belonged to Marcos.

Rating: False

Facts:Aquino has previously denied that the necklace she wore to the APEC Summit was from Marcos. She also specified on her official Instagram account that the necklace she wore to the Crazy Rich Asians premiere was a custom-made piece by Cebu-based jewelry designers Diagold.

In October 2016, Aquino addressed rumors that the necklace she wore to the APEC Summit dinner was owned by Marcos. She said on Instagram that it was from the Italian brand Bottega Veneta and that she had the receipts to prove it. In the same post, she said that it was not made of diamonds, but of cubic zirconia and silver.

In a December 30, 2015 report on the Philippine Star, Presidential Commission on Good Government Commissioner Andrew de Castro said it was impossible for Aquino to have taken Marcos’ necklace from their Bangko Sentral ng Pilipinas vault. He also said, “It looks completely different.”

As for the necklace she wore to the Crazy Rich Asians Hollywood premiere, Diagold has also said that the necklace was by them.

The video in www.asensopinoy.info and www.onelinebalita.xyz was an opinion, not an official news report.

The blog www.onelinebalita.xyz has published hoax content in the past that Rappler has debunked. The videos from the YouTube channel Du30 News has also been used for hoax or misleading blog posts before. The claims that Rappler has debunked from this blog and this YouTube channel can be found below:

– Vernise L Tantuco/Rappler.com

HOAX: ‘Ninoy Aquino died a Malaysian citizen’

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Screenshot of an August 19 Facebook post claiming Benigno Simeon "Ninoy" Aquino Jr. 'died a natural citizen.'

Claim: Benigno “Ninoy” Aquino Jr died a Malaysian citizen on August 21, 1983. He was carrying a Filipino and Malaysian passport on that day.

Facebook user Maureen Rose Meija-Villar posted on August 19 that Aquino died a “naturalized Malaysian citizen,” and his second passport under the name “Marcial Bonifacio” was a legitimate Malaysian passport.

She ended her post with, “For me, the 'hero' is NOT the face of the man I see every single time I get hold of a 500 peso bill! It's the WRONG face of a hero!”

As of August 21, a regular holiday in commemoration of Aquino’s assassination, the post garnered at least 3,800 shares, 161 comments, and 3,700 shares.

Rating: FALSE

The facts: Aquino was a Filipino citizen. In addition, based on several accounts of his final days, there was no mention of a Malaysian passport.

In an article by the Philippine Daily Inquirer in August 2014, Jose Ampeso detailed how Aquino asked for his help to obtain two passports– with one bearing the name "Marcial Bonifacio” – in 1983 while they were both in the United States. Ampeso was the Vice Consul at the Philippine Consulate in New Orleans, while Aquino was in exile.

Ampeso also said in another interview with GMA News in August 2014 that the procurement of the passports were “cleared” by the administration of then-President Ferdinand Marcos.

Meanwhile, journalist Ken Kashiwahara who was with Aquino in his last flight to the Philippines, wrote in the New York Times that Aquino traveled with his "Marcial Bonifacio" passport, reportedly bought in the Middle East, and a blank passport provided by an old government acquaintance. 

Then, in a website dedicated to Aquino, it said it was former congressman Rashid Lucman who provided Aquino the passport using the "Marcial Bonifacio" alias. 

In former president Corazon “Cory” Aquino’s memoir of her late husband published by the Inquirer in 2003, she said that the "Marcial Bonifacio" passport was provided by Lucman, and the second passport which carried Ninoy's real name was supplied by one of his friends in the United States. 

In fact, in a 2010 History Channel documentary on Aquino, it can be seen he was holding a Philippine passport under his alias during his last flight home. The voice-over described it as a fake passport.

In an ambush interview on August 21, former president Benigno "Noynoy" Aquino III said the claim is “fake news” after reading about it in a newspaper. He also emphasized that his father was born in 1932. Malaysia was officially recognized as a sovereign country only in 1957.

The contemporary naturalization law of Malaysia also requires an individual born outside Malaysia to have resided in the country for at least 10 years to acquire citizenship.

The claim of Aquino having a Malaysian passport and being a Malaysian citizen surfaced as early as 2016 in a blog with the domain falconbase2008.wordpress.com. The post said that Aquino entered the Philippines on August 21, 1983 with a genuine Malaysian passport, and not a counterfeit Philippine passport.

Similar posts were published by philnews.ph and thedailysentry.net in 2018. — Miguel Imperial and Michael Bueza/Rappler.com

Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.

PH courts inconsistent in letting detainees attend family events

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INCONSISTENT. Philippine courts have been inconsistent in allowing high-profile detainees to get out of jail temporarily and attend to family matters.

MANILA, Philippines – In October 2007, Jose Flaminiano, the lawyer of former president Joseph “Erap” Estrada who was then detained for plunder, sang inside the courtroom to convince justices to extend his client’s furlough.

Flaminiano sang a touching song about mothers, as Erap was requesting for extension to stay with his ailing mother at the time, Doña Mary Ejercito.

The request for extension was instantly granted by the justices of the anti-graft court Sandiganbayan, citing humanitarian considerations.

What is the standard?

“Humanitarian considerations” would become a favorite reason of the Sandiganbayan when it came to public officials requesting furloughs, such as the the holiday breaks given to former president Gloria Macapagal Arroyo.

According to legal expert Tony La Viña, the Rules of Court do not provide guidelines on granting furloughs to detainees. It all depends on the discretion of the judge or the justice.

“There are no specific, detailed rules for temporary release of detention prisoners, those not yet convicted but denied bail. Judges have control over them and have full discretion subject to reasonable grounds and of course security procedures,” La Viña said.

Our courts, however, have been inconsistent.

The latest example is when the Quezon City (QC) Regional Trial Court (RTC) Branch 221 allowed murder defendant former Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan to attend his daughter’s wedding on August 21.

Ampatuan is charged of murder for allegedly masterminding the Maguindanao massacre in 2009, which left 58 people dead, most of whom were journalists.

Humanitarian considerations were again the reason behind the furlough grant of Judge Jocelyn Solis-Reyes.

"The Court is of the view that despite being a detention prisoner having certain restrictions, the accused may be allowed to attend his eldest daughter's wedding, which, in our culture, is a significant milestone to be cherished and remembered," said the court.

Months earlier, in May, the Muntinlupa City RTC Branch 205 rejected the request  of Senator Leila De Lima to attend the graduation of her son from law school.

De Lima is charged of 3 counts of conspiracy to commit illegal drugs, brought against her after she launched Senate investigations into alleged extrajudicial killings in the Duterte administration.

The resolution of Judge Amelia Fabros-Corpuz reasoned out that De Lima’s presence at the graduation rites would “disrupt the solemnity” of the occasion for other graduates and their parents.

De Lima would also risk the security not only of the school, but of the entire village where the school is located, said Judge Corpuz.

"Moreover, accused De Lima's family may celebrate the occasion with her in Camp Crame during visiting hours, even during the same day, if they wish to, without endangering themselves or other people," said Judge Corpuz.

Inconsistent

But other courts did not have any problem allowing Erap’s son, former senator Jinggoy Estrada to attend family occasions though they are logistically similar to the request of De Lima.

For example, the Sandiganbayan allowed Jinggoy to attend the high school graduation of his son Julian in March 2015.

Jinggoy was also able to attend Erap’s 80th birthday at the Manila Hotel in April 2017. (READ: Let out of detention: Is the Sandiganbayan consistent?)

Former senator Ramon “Bong” Revilla was not as lucky as Jinggoy. In March 2015, the Sandiganbayan denied his request to attend the graduation of his daughter.

But when it came to other family events, especially visiting his ailing father at the hospital, the Sandiganbayan was more lenient.

Last Christmas, Revilla went home to Cavite to spend Christmas Eve there.

"There is a need for more detailed rules, especially on the grounds, so the decisions are not perceived to be arbitrary. Look at how Senator Leila de Lima was refused a furlough during her son’s graduation for arbitrary reasons. I actually support Zaldy Ampatuan being able to attend his daughter’s wedding but Leila should have been given the same privilege," said La Viña. – Rappler.com

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