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Robredo’s daughter Jillian off to study in New York University

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OFF TO COLLEGE. Jillian Robredo (rightmost) is hugged by her elder sisters Aika and Tricia before she flies to New York on August 23, 2018. Photo from Tricia Robredo's Instagram

Vice President Leni Robredo’s youngest daughter Jillian Robredo will be pursuing a biomolecular science degree under a full scholarship at New York University (NYU) in the United States (US).

Jillian flew to New York on Thursday, August 23. Her older sisters Aika and Tricia accompanied her before her early morning flight.  

“Been dreading this day for the longest time huhu. Early morning send-off for Jill, who will be attending NYU on a scholarship! Always so proud of my two sisters but yallz keep leaving,” said Tricia on Instagram. 

{source}<blockquote class="instagram-media" data-instgrm-captioned data-instgrm-permalink="https://www.instagram.com/p/BmzAloHFzZJ/?utm_source=ig_embed" data-instgrm-version="9" style=" background:#FFF; border:0; border-radius:3px; box-shadow:0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width:540px; min-width:326px; padding:0; width:99.375%; width:-webkit-calc(100% - 2px); width:calc(100% - 2px);"><div style="padding:8px;"> <div style=" background:#F8F8F8; line-height:0; margin-top:40px; padding:50% 0; text-align:center; width:100%;"> <div style=" background:url(data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAACwAAAAsCAMAAAApWqozAAAABGdBTUEAALGPC/xhBQAAAAFzUkdCAK7OHOkAAAAMUExURczMzPf399fX1+bm5mzY9AMAAADiSURBVDjLvZXbEsMgCES5/P8/t9FuRVCRmU73JWlzosgSIIZURCjo/ad+EQJJB4Hv8BFt+IDpQoCx1wjOSBFhh2XssxEIYn3ulI/6MNReE07UIWJEv8UEOWDS88LY97kqyTliJKKtuYBbruAyVh5wOHiXmpi5we58Ek028czwyuQdLKPG1Bkb4NnM+VeAnfHqn1k4+GPT6uGQcvu2h2OVuIf/gWUFyy8OWEpdyZSa3aVCqpVoVvzZZ2VTnn2wU8qzVjDDetO90GSy9mVLqtgYSy231MxrY6I2gGqjrTY0L8fxCxfCBbhWrsYYAAAAAElFTkSuQmCC); display:block; height:44px; margin:0 auto -44px; position:relative; top:-22px; width:44px;"></div></div> <p style=" margin:8px 0 0 0; padding:0 4px;"> <a href="https://www.instagram.com/p/BmzAloHFzZJ/?utm_source=ig_embed" style=" color:#000; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:normal; line-height:17px; text-decoration:none; word-wrap:break-word;" target="_blank">Been dreading this day for the longest time huhu. Early morning send-off for Jill, who will be attending NYU on a scholarship! Always so proud of my two sisters but yallz keep leaving </a></p> <p style=" color:#c9c8cd; font-family:Arial,sans-serif; font-size:14px; line-height:17px; margin-bottom:0; margin-top:8px; overflow:hidden; padding:8px 0 7px; text-align:center; text-overflow:ellipsis; white-space:nowrap;">A post shared by <a href="https://www.instagram.com/jpgrobredo/?utm_source=ig_embed" style=" color:#c9c8cd; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:normal; line-height:17px;" target="_blank"> Tricia Robredo</a> (@jpgrobredo) on <time style=" font-family:Arial,sans-serif; font-size:14px; line-height:17px;" datetime="2018-08-22T21:55:38+00:00">Aug 22, 2018 at 2:55pm PDT</time></p></div></blockquote> <script async defer src="//www.instagram.com/embed.js"></script>{/source} 

The Vice President also posted a photo with her 3 daughters on Wednesday, August 22, saying a “new chapter” is about to begin in the Robredo family. 

“We are yet again embarking on a new chapter and my girls dropped by the office today. Trish had to work yesterday, a holiday, to be able to get off today,” said Robredo.

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In April, the Vice President first announced on Facebook that Jillian passed the biomolecular science program under NYU’s Tandon School of Engineering. Robredo said Jillian would only choose NYU if she would be able to get a full scholarship.

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Jillian, a graduate of the Philippine Science High School, also got accepted into the applied mathematics with specialization in mathematical finance at the Ateneo de Manila University and the mathematics program at the University of the Philippines-Diliman. 

In the end, Jillian decided to pursue schooling at NYU after securing a full scholarship.

Jillian, who turned 18 in March, is the Vice President's second daughter who will be earning a degree in the US.

On May 24, eldest daughter Aika graduated as an Edward S. Mason Fellow for the Mid-Career Master in Public Administration program at the Harvard Kennedy School of Government – the same program Aika’s late father, interior secretary Jesse Robredo, completed in 1999. – Rappler.com


WRONG: 'Naga top 5 city in crime volume'

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HOTBED? PNP chief Oscar Albayalde reads out unsorted data in a press conference defending President Duterte's pronouncement that Naga City is a shabu hotbed. Albayalde photo by Darren Langit/Rappler; Dowtown Naga photo by Nicolas Guarino/Shutterstock

Claim: The Philippine National Police (PNP) on Wednesday, August 22, announced in a press briefing that Naga City is the top 5 city in terms of crime volume.

"Let me share the information based on PNP data that among the major cities of the country, Naga City has consistently ranked number 5 in terms of crime volume in the 1st semester of 2017 and 2018," PNP chief Director General Oscar Albayalde told reporters.

The press briefing was held with just short notice because Albayalde wanted to deny a news site report that he had refuted President Rodrigo Duterte's claim that Naga is a "shabu (methamphetamine) hotbed."

Based on their data, Albayalde said the PNP backs Duterte, given that police see correlation between crime rates and drug prevalence in an area.

Naga City has gained prominence for being the hometown and bailiwick of Vice President Leni Robredo – the figurehead of the opposition under Duterte's presidency.

When asked for the top 4 cities that had higher crime volumes, Albayalde named Santiago in Isabela, Angeles in Pampanga, Olongapo in Zambales, and Puerto Princesa in Palawan.

Rating: FALSE

The facts: Asked for the data that PNP chief Albayalde cited, the PNP spokesperson Senior Superintendent Benigno Durana supplied Rappler with the data on murder, homicide, rape, robbery, and theft.

Upon examination, the PNP's data on cities turned out to be unsorted.

They were not arranged based on crime volume but by region. Naga City is in Bicol or Region 5.

This is why Albayalde read as supposed top 4 the cities of regions southward from Cagayan Valley: Santiago is in Region 2, Angeles and Zambales are in Region 3, and Puerto Princesa is in Region 4-B. It is unclear why Region 1 and 4-A cities were skipped. 

Durana said he handed the data to Albayalde, and the latter read them during the hastily-called press briefing.

Durana said Naga City is, in fact, 6th in crime volume from January to July 2018 for cities outside Metro Manila.

Adding the counts from the first semesters of 2017 and 2018, the following are Naga’s standings in crime statistics shared by the PNP: 

  • Homicide - 24th to 26th place with Iligan and Mandaluyong
  • Murder - 34th
  • Rape - 29th
  • Robbery - 11th
  • Theft - 6th

UNSORTED. The PNP's crime statistics on cities are not sorted based on volume but based on the regions they belong to. PNP photos

PNP still backs Duterte: Despite the apparent misreading of numbers, the PNP still believes President Duterte has basis for saying that Naga is a source of illegal drugs.

While the crime volume is lower than they had estimated, Durana said Naga City had posted the highest average monthly crime rate across the country, including Metro Manila.

"[It is] followed by Mandaue City, Pasay City, Iloilo City, and Makati City," Durana said in a text message on Thursday.

The monthly crime rate is calculated by dividing the number of reported crimes in a month by the population in an area. The result is then multiplied to 100,000.

"This is the more accurate data to use," Durana told Rappler in a phone interview.

The PNP has yet to release the data to back Durana's new statements.

The PNP also has not released an apology for their mistake. – Rappler.com

HOAX: COA 'quotes' on PNR toilet project anomaly

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Screenshot of an August 23 phnewspride.blogspot.com post claiminig "more than half" of the funds for the toilet improvement project of the Department of Transportation (DOTr) was used in the 2016 national elections.

Claim: The Commission on Audit (COA) has found “some documents" suggesting that part of the funds used for a toilet improvement project in the Philippine National Railways (PNR) under the administration of President Benigno “Noynoy” Aquino III was used for the 2016 national elections.

The blog phnewspride.blogspot.com in their August 20 post ran the headline, “COA says more than half of P295M toilet money used in 2016 election campaign.”

The post has been shared on a Facebook page and a Facebook group. All of these accounted to a combined total of 84 interactions and 284,475 followers.

Rating: FALSE

The facts: The blog post made up some quotes which were not in the COA audit reports.

The blog post was actually lifted from an August 2 GMA News report. It then inserted two paragraphs to say that:

  1. COA said "53.17% of the project used only P139.36 million." The rest, amounting to P155.4 million, is "unaccountable as of press time and cannot be traced."

  2. COA also said that there is a “possibility” that more than half of the project’s budget was used in the 2016 national elections as “some documents suggest” but they are supposedly "collecting more evidence."

COA did not have such observations about the Kayo ang Boss Ko (KBK) Toilet Facilities Improvement project in its audit reports on the Department of Transportation and Communication (DOTC) – and later Department of Transportation (DOTr) – from 2014 to 2017.

The KBK Toilet Facilities project was meant to improve the toilet facilities in several agencies, including PNR stations.

COA stated in its 2016 audit report on DOTr that the still-uncompleted project, with a cost of P295.86 million, had an overall physical delivery rate of only 53.17% after 3 years of implementation.

An example of the uncompleted project, which went viral on social media, was a PNR restroom that had 3 toilet bowls without any partitions.

The contracts for the project were awarded to 17 contractors (with a total cost of P182.19 million) and 3 suppliers (with a total cost of P113.67 million), instead of procuring via straight contract basis. COA then noted that P74.85 million worth of actual deliveries to the regions "were not fully accounted for" due to unclear guidelines "for the proper internal control over the custody, accountability, and reporting requirements" for the construction materials.

Screenshot from COA's Audit Report for DOTr in 2016

In its 2017 audit report, COA reiterated its recommendations to DOTr on the project, like issuing necessary guidelines and conducting an independent investigation for lapses in the project.

Meanwhile, COA made similar observations about project delays and deficiencies in its 2014 and 2015 annual audit reports on DOTC, the predecessor of DOTr.

Rappler contacted COA for a response but was told by an official there to refer to their annual audit reports instead.

The blog phnewspride.blogspot.com has been responsible for posting false claims recently such as COA supposedly "flagging" some China trips made by Commission on Human Rights chair Chito Gascon in June, and a "former Liberal Party congressman" buying a posh mansion in Alabang using Typhoon Yolanda rehabilitation funds. — 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.

Robredo’s email address gets spoofed

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SPOOFING. Rappler CEO Maria Ressa suspects something was amiss after receiving a foul message from one of the Office of the Vice President e-mail addresses.

One of the official email addresses of the Office of the Vice President (OVP) was spoofed on Thursday, August 23, sending a message to Rappler’s chief executive officer Maria Ressa cursing her and calling her a “dilawan.” 

Spoofing is a term used to refer whenever a person or group uses a fake mailer program to make it appear as if another e-mail address was used to send a certain message.

At 3:28 pm on Thursday, Vice President Leni Robredo’s email address vp@ovp.gov.ph sent a message to Ressa, which goes, “Fuck you Dilawans :D.”

“Dilaw” or yellow is the color of Robredo’s political party, the Liberal Party. Propagandists and supporters of President Rodrigo Duterte have been using “dilawans” as a derogatory term for his critics. (READ: On 'dilawan' tag, Aquino says listen to message before looking at color)

Ressa immediately suspected the OVP’s email address was somehow hacked and consulted with Rappler’s Tech team.

It turns out that the email sender used the fake mailer Emkei.cz to send the message to Ressa. 

Robredo’s spokesperson Barry Gutierrez denied any staff members of the OVP sent the message to Ressa. Like Rappler’s findings, Gutierrez said they suspected email spoofing was used by the sender.

“It does not appear that the account was hacked. The account and server were checked and no such email was sent. From initial indications, what Maria received may have been a spoofed email,” said Gutierrez in a text message. 

He said the OVP is currently investigating the matter.  

“It goes without saying, of course, that the OVP would never send such a message in the first place. Thank you for giving us the heads up,” he said. – Rappler.com

FAST FACTS: Who is Chief Justice Teresita Leonardo De Castro?

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IMPEACH. Supreme Court Associate Justice Teresita de Castro testifies before the House Committee on Justice's impeachment proceeding against Chief Justice Maria Lourdes Sereno on Wednesday. Photo by Darren Langit/Rappler

MANILA, Philippines (UPDATED) – President Rodrigo Duterte has picked Teresita Leonardo-De Castro as the new Supreme Court (SC) Chief Justice. 

De Castro, who replaces ousted chief justice Maria Lourdes Sereno, will be top magistrate for less than two months, since she retires on October 8.

De Castro took the spotlight during the November 2017 hearing of the House committee on justice on the impeachment complaint filed against Sereno. She eventually voted as part of the SC majority to oust Sereno via quo warranto. 

Here's what you need to know about Justice Teresita Leonardo-De Castro. 

Twice bypassed for CJ post

De Castro was bypassed for the position of chief justice during the administrations of Gloria Macapagal Arroyo and Benigno Aquino III. 

Arroyo appointed De Castro as SC justice in December 2007. 

In the SC, she holds the following positions:

  • Working Chairperson of the First Division
  • Chairperson, Judicial Reform Support Project
  • Chairperson, Committee on Computerization and Library
  • Chairperson, Committee on Gender Responsiveness in the Judiciary
  • Chairperson, Special Committee to Draft Rules on Sexual Harrasment in the Judiciary
  • Working Vice-Chairperson, Committee on Ethics and Ethical Standards
  • Working Vice-Chairperson, Halls of Justice Coordinating Committee
  • Member, Supreme Court Internal Rules Committee

De Castro has spent almost 40 years in government, beginning in February 1973 as a law clerk in the Office of the Clerk of Court. Two years later, she became a member of the technical staff of the late chief justice Fred Ruiz Castro and was also a judicial assistant. 

In 1978, she served as State Counsel I at the Department of Justice and rose to the position of Assistant Chief State Counsel by 1997, according to her profile on the SC website.

During the administrations of Corazon C. Aquino and Fidel V. Ramos, De Castro served as an international and peace negotiator.

She was an associate justice at the anti-graft court Sandiganbayan in 1997, and became presiding justice in 2004.

De Castro earned her bachelor’s degree and law degree from the University of the Philippines in 1968 and 1972, respectively, and finished among the top 4 of her class at UP law. De Castro was also vice-chancellor and member of the Order of the Purple Feather – the honor society of the UP College of Law. 

According to her profile, De Castro took law courses at the International Law Institute in Washington DC, and Harvard Law School’s Program Instruction for Lawyers.

She is a member of the Phi Kappa Phi and Phi Gamma MU International Honor Societies and is the president of the Philippine Women Judges Association. From 2012 to 2014, De Castro served as president-elect of the International Association of Women Judges.

Feud with CJ Sereno?

During the impeachment proceedings against Sereno at the House of Representatives, then House Majority Leader Rodolfo Fariñas described De Castro's appearance as "unprecedented"  as SC justices rarely appeared to testify congressional inquiries. Normally, justices are heard only through the decisions and opinions they write.

De Castro's attendance was much awaited considering she was invited by the committee to testify on at least 4 points that lawyer Larry Gadon cited as supposedly impeachable offenses. (LOOK: Why petitioners want Sereno impeached)

Among these accusations are the creation of a Judiciary Decentralized Office (JDO), which ran counter to the Regional Court Administration Office (RCAO) in Region 7 that the en banc approved; an alleged falsified temporary restraining order on party-list proclamations; clustering at the Judicial and Bar Council; and the case involving former solicitor general and now Associate Justice Francis Jardeleza. (READ: How Sereno answered her impeachment complaint) 

It was now the first time De Castro spoke against Sereno. Earlier in July, she issued a 5-page memorandum to all SC justices regarding 3 objections on the actions of Sereno.

The objections included issues against Sereno's alleged inaction on appointments to key SC positions, the appointment of Brenda Jay Mendoza as head of the Philippine Mediation Center, and the foreign travel of Sereno's staff lawyer, Ma Lourdes Oliveros. 

De Castro was also the justice who questioned Sereno's decision to create a permanent JDO in the Visayas in 2012, with the SC eventually revoking her order. The RCAO was tackled at the impeachment hearing on Wednesday. (READ: De Castro accuses Sereno of deception)

In 2007, De Castro's independence was questioned, following her appointment by Arroyo. As one of the 3 Sandiganbayan magistrates who convicted ousted president Joseph Estrada of plunder, Estrada said her appointment to the SC was a "reward." – with reports from Jodesz Gavilan/Rappler.com

Is your city safe? Understanding PNP crime statistics

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MANILA, Philippines – The Philippine National Police (PNP) has been voluntarily rummaging through data on crime statistics of cities across the country and releasing them just to back President Rodrigo Duterte's claim that Naga City – the hometown of opposition leader Vice President Leni Robredo – is a shabu hotbed.

In a span of days, (1) the PNP misread its own data to name Naga as top 5 city in crime volume, (2) retracted what it said to clarify that Naga is actually 16th in crime volume, then (3) released data to insist that Naga has the highest crime rate among all "chartered cities" or cities with City Police Offices.

How could Naga City be 16th in crime volume, but 1st in crime rate? Are the numbers enough to actually justify Naga to be called a shabu hotbed? And what's the difference between crime volume and crime rate?

Here's what you need to know.

What is crime volume? It's the number that totals all crimes committed in an area over a period of time. Crime volume is computed by adding the total number of index and non-index crimes together.

Index crimes are crimes that the PNP considers “serious” and which occur with “regularity” across all cities so much so that its number can become an index or guide to determine how crime-infested an area is.

Index crimes are crimes against persons and property. They consist of murder, homicide, physical injury, carnapping, cattle rustling, robbery, theft, and rape. (READ: Crimes, except homicide, in the Philippines down by 21.8% in 2017)

Graphic by Alyssa Arizabal/Rappler

Non-index crimes are all other illegal acts, usually covered by special laws, like illegal logging and gambling, or by local ordinances like going shirtless and drinking in public. Reckless imprudence resulting in homicides and physical injuries are counted as non-index crimes.

The enactment of ordinances varies per locality, so the PNP does not gauge crime severity by non-index crimes alone.

Crime volume comes in handy for the PNP when it wants to determine if crimes are going up or down, regardless of the number of population in an area.

The crime volume per “chartered city” was the first data set released by the PNP to back President Duterte’s claim that Naga City is a shabu hotbed. Upon checking, the PNP mistakenly said that Naga City had the 5th highest crime volume in the country. It is actually 16th, after Davao City.

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What is crime rate? Crime rate is the crime volume relative to the population of a locality.

It is computed by dividing crime volume by the population in an area. The result is then multiplied by 100,000. This formula measures the ratio of the crime to every 100,000 residents.

The PNP usually measures the crime rate over months and takes the average to arrive at the average monthly crime rate (AMCR).

Naga, for example, registered a crime volume of 2,879 from January to July 2018, making it rank 16 out of 36 chartered cities whose crimes are actively monitored by the PNP.

The PNP then released the crime rate tallies of the 36 cities, placing Naga on top with an average monthly crime rate of 202.8 from January to July 2018.

This means that on average, since the start of 2018, 202.8 crimes per 100,000 population of Naga have been committed each month up to July 2018. The data shows that for a small city, Naga has a high crime occurrence.

PNP spokesperson Senior Superintendent Benigno Durana said crime rate is "more accurate" than crime volume, which just compares crime incidents between cities while disregarding their population differences.

Curiously, the PNP still chose to release crime volumes first before the crime rates of cities, despite knowing that crime rates were better figures for comparison.

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The problem with crime volume and crime rate:  Both crime rate and crime volume still fail to paint a completely accurate picture of crime prevalence in cities.

Both bundle up all crimes in their counts, ignoring that some crimes are graver than others.

This means that cities with low murder and homicide rates can garner higher crime rates simply by having high theft and robbery rates, or having more public smokers caught by cops. (READ: At least 33 killed daily in the Philippines since Duterte assumed office)

Taking Naga as the city with the highest crime rate so far in 2018, does this mean that it has the highest crime rate across the board from murder down to public nudity? No.

A glance at the crime volume statistics from January to June 2018 shows that Naga City placed:

  • 17th in homicide
  • 32nd in murder
  • 28th in rape
  • 11th in robbery

Naga City got high numbers in theft, placing 5th, or right after national capital Manila.

This divided crime volume count so far shows that Naga City ranked low in grave crimes against persons like homicide, murder, and rape, but found itself high on the list for robbery and theft, which, in most of its cases, is classified as a petty crime.

The PNP has yet to disclose the breakdown of cities’ crime volumes for a complete picture of crime prevalence in their jurisdictions.

How many of these crimes have been decoded? This question is answered by two numbers kept by the PNP: crime clearance efficiency and crime solution efficiency.

Just as their names already hint, crime clearance efficiency counts how many crime cases have been cleared relative to the crime volume, while the crime solution efficiency tallies crime cases that have been solved relative to the crime volume.

For the PNP, "cleared" means a case has been filed in court, there has been at least one suspect identified, but none have been captured yet.

Solved, meanwhile, means a case has been filed in court, and that at least one suspect has been arrested. When a case is counted as solved, it is also already counted as cleared by the PNP.

These numbers show how effective police respond to crimes perpetrated in their communities.

Naga City placed low at 25th in terms of crime solution with a 66.24%, and landed second to the last in terms of crime clearance with 67.45%.

Davao City clinched the 8th spot for crime clearance with an efficiency rate of 93.98%, and landed 10th place for crime solution with an 86.81% efficiency rate.

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Why counting crime matters: According to security consultant and long-time PNP observer Michael Brown, counting crimes benefits both the police and citizens.

Statistics ideally guide cops, from generals in Camp Crame to local police commanders, in strategizing their approach to curb crime.

“Police should be analyzing that information and using that to allocate resources because they have to figure out which problems are most in need of resources to fight crime the way down to where policemen should be patroling,” Brown told Rappler in a phone interview.

Whether crime volume rises or falls, the police benefit from it, Brown added.

If crimes go down, they can promote their achievement by publishing the numbers, and if the crimes go up, he said cops would have reason to convince local and national officials to fund them for better anti-crime campaigns and facilities.

The PNP anti-drug campaign, for one, has been funded heavily by the government after President Duterte rang the alarm on drug and crime proliferation in the country.

If the police analyze the data correctly and adjust their operations accordingly, Brown said it’s the commuties that would utimately reap the benefits.

Crime data, Brown added, “should be published constantly” so that civilians could also act accordingly. They could, for example, be more careful with their belongings when they go to cities with high theft and robbery rates.

“If the public knows that certain neighborhoods are bad, then they vote with their feet, they don't go to those neighborhoods, and that has an economic impact which ultimately has a political impact,” Brown said.

Do crimes point to drug proliferation? Brown agreed with the PNP that there are drug dependents who commit crimes when they are high, and those who turn to thuggery in hopes of getting a narcotics fix.

But he said it’s already “dangerous” to declare a correlation.

“People commit crimes for a lot of reasons. Some people commit crimes simply because they're hungry and they need money to eat. Other people commit crimes to support a drug habit. Other people commit crimes because it is their way of life,” Brown said.

During a Camp Crame press briefing on Thursday, August 22, PNP Chief Oscar Albayalde said in a mix of English and Filipino, “We all know that those who are perpetrating these crimes against properties are really those also engaged in drug trade, illegal drugs.”

The PNP was asked by reporters for data to directly show which cities are most affected by drugs based on apprehensions for violation of the Comprehensive Dangerous Drugs Act of 2002 or Republic Act 9165.

Albayalde said they are still preparing the numbers. – Rappler.com

Top photo: CRIME CITIES. The Philippine National Police release crime data on cities after President Rodrigo Duterte named Naga City as a shabu hotbed. Graphic by Ernest Fiestan/Rappler; Photos from Wikipedia.

Did Duterte have his facts right on Nayong Pilipino deal?

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DRAMATIC GROUNDBREAKING. The scale model of NayonLanding, the Filipino-inspired casino resort to be built on Nayong Pilipino Foundation land is showcased during the project's groundbreaking ceremony. File photo by Inoue Jaena/Rappler

MANILA, Philippines – At first glance, President Rodrigo Duterte’s decision to sack Nayong Pilipino Foundation (NPF) officials and scrap its deal with a Chinese casino builder is just another demonstration of his crackdown against corruption.

But a look at documents related to the case shows there’s more to it than meets the eye. 

The controversy revolves around the US$1.5-billion casino theme park that Landing Resorts Philippines Development Corporation (LRPDC), a local subsidiary of Hong Kong-based Landing International, is supposed to build on NPF’s land in Parañaque City.

The casino resort, dubbed NayonLanding, is supposed to feature a water park, resort, casino, and office space for NPF. In a dramatic turn of events, Malacañang announced the sacking of NPF officials on the same day they broke ground for the project.

Duterte had found the NPF-LRPDC contract of lease anomalous for being granted without public bidding, and disadvantageous to government for imposing lease prices supposedly much lower than prices for similar properties in the area. The final contract imposes a lease rate of P360 per-square-meter (sqm) and P827 million in advance rentals, said fired NPF board of trustees chairman Patricia Yvette Ocampo in a Business Mirror report.

Last August 17, Duterte also blamed sacked government corporate counsel Rudolf Jurado over the fiasco, claiming Jurado agreed with a “75-year” lease of the NPF land. This was supposedly one of the reasons why Duterte fired him last May. 

“Just imagine, his draft – it doesn’t really matter that it was not final – his draft that I saw, you’re a fool…75 years for this Nayong Pilipino? Are you a fool? That’s why I fired Jurado,” he had said.

Duterte has since ordered Justice Secretary Menardo Guevarra to render an opinion on the legality of the NPF deal with LRPDC. Guevarra’s department has spent two weeks preparing the opinion.

A look at documents pertaining to the NPF-LRPDC arrangement shows Duterte was mistaken with some of his facts. They also show that more questions need to be raised about the deal and who else must be held responsible for it. 

Basing decision on a draft?

Duterte consistently claims that NPF wanted the lease to last 75 years. This likely arose from the fact that the NPF’s initial draft contract proposed a 50-year lease, renewable for another 25 years.

However, the final contract whittled it down to 25 years, renewable for another 25 years, said Ocampo. This was after Jurado, in a March 9, 2018 legal opinion, said that LRPDC is only entitled to 25 years if it is a foreign corporation not engaged in investment in the Philippines.

“If LRPDC is a foreign corporation under relevant law but is not engaged in investment in the Philippines, the allowance period for the lease is only up to twenty-five (25) years, as stated in Presidential Decree No 471,” reads the opinion obtained by Rappler.

First page of the OGCC's legal review of the NayonLanding lease contract sourced by Rappler

Portion of the legal review that states that LRPDC is limited to a 25-year lease if it is a foreign investor but not engaged in investment in the Philippines based on Investors' Lease Act

If Duterte based his decision to sack NPF officials on the draft contract, is he unaware that the initial P150/sqm monthly rental was more than doubled in the final contract which imposes a P360/sqm monthly rate, according to Ocampo?

Would the contract still be considered “grossly disadvantageous” to government if he had considered the final contract?

In his March legal review, Jurado had agreed that the initial P150/sqm rate had to be studied.

“…we strongly suggest that NPF should further negotiate with the lessee the increase of the monthly rent, and ensure that the said rent is fair, reasonable and most importantly not disadvantageous to the government while taking into account the investment of the LESSEE into the property,” reads the OGCC opinion. 

It was this P150/sqm rate that was also red flagged by COA, not the later P360/sqm rate.

Public bidding or no public bidding?

The NPF was also roasted by Malacañang for not having conducted public bidding for the private entity that would develop their piece of land.

But Jurado’s opinion cited a recent GCG (Governance Commission for Government-owned and Controlled Corporations) memorandum circular as basis for allowing NPF to lease the land to LRPDC even without public bidding.

This Memorandum Circular No 2018-02 revoked an earlier memorandum circular, issued during the presidency of Benigno Aquino III, that specifically states public bidding is required for land bigger than a hectare to be leased for more than 10 years (GCG Memorandum Circular No 2013-03 Reissued).

Jurado said that because of the 2018 circular, NPF can dispense with public bidding. He overturned his office’s legal opinion in November 2017 when the circular was not yet in existence and the 2013 circular – requiring public bidding – was still in force.

Jurado made it clear in his opinion that, were it not for this 2018 circular, NPF would not be able to do away with public bidding.

“In view of the revocation of the GCG Memorandum Circular No 2013-03 (Reissued), we opine that the proposed lease is no longer required to undergo public bidding,” wrote Jurado.

The 2018 circular revoked the 2013 one, saying that it "contains provisions and processes that unnecessarily impede the timely approval and implementation of government projects."

Item 4.1 of the revoked 2013 circular states that, in case of lease agreements exceeding 10 years pursuant to the primary purpose of a GOCC, "Leasing areas involving at least one (1) hectare shall be bidded out."

A portion of the March OGCC legal review shows it waived the public bidding requirement due to a February 2018 GCG Memorandum Circular signed by two of Duterte's economic managers

The last page of the GCG memorandum circular revoking a 2013 memorandum circular bears the signatures of Finance Secretary Sonny Dominguez iand Budget Secretary Benjamin Diokno

Who signed the crucial 2018 circular that revoked the 2013 one with a bidding requirement? A copy, obtained by Rappler, shows the signatures of Finance Secretary Sonny Dominguez, Budget Secretary Benjamin Diokno, GCG Chairman Samuel Dagpin Jr, and commissioners Michael Cloribel and Marites Doral.

The question now is, was Jurado correct in interpreting the 2018 memo circular as eliminating the public bidding requirement for contracts like the one between NPF and LRPDC?  

This could be one of the findings of Secretary Guevarra’s assessment. The OGCC is under the Department of Justice.

Pagcor’s role

Duterte has declared his aversion to casinos and gambling, yet in this Nayong Pilipino fiasco, he has not said a word against the Philippine Amusement and Gaming Corporation (Pagcor), the gaming regulator responsible for approving casino projects.

Back in July, LRPDC announced that Pagcor had issued it a provisional license to operate a casino. This was over a year after Duterte imposed a 5-year moratorium on new Metro Manila casinos. Pagcor supposedly stopped accepting and evaluating applications last January.

Pagcor has said its license to LRPDC is separate from NPF’s lease contract. But it’s also clear that, without the Pagcor license, the lease deal would be terminated.

A draft of the contract of lease states that “if the provisional casino license is not issued to the LESSEE on or before 30 June 2018, or such other date as may be agreed by the parties to this CONTRACT, in which case the parties agree that this CONTRACT shall be terminated forthwith…”

Other elements

Is it just coincidence that weeks after Duterte moved to have the NPF-LRPDC deal scrapped, the chairman of Landing International was arrested on Friday, August 24, for alleged bribery? Yang Zhihui was detained by authorities in Cambodia then flown to China to answer the charges, according to a report by the Philippine Daily Inquirer. 

Interestingly, another Chinese tycoon with business interests in the Philippines had also been probed by the Chinese government for bribery allegations. Huang Rulun, founder of real estate company Century Golden Resources Group, was being investigated for bribing local officials, according to a Financial Times report in June 2017. 

Huang, like Yang, was able to secure meetings with Duterte. The Philippine President even called him a “good friend” after he donated a drug rehabilitation center in Nueva Ecija. 

Another interesting element to this whole affair is how the issues hounding the NPF-LRPDC deal were first made public by a distant relative of the President’s, Maria Fema Duterte. She had accused NPF officials of graft and corruption, even filing a complaint with the Office of the Ombudsman. Some of her allegations were backed up by a Commission on Audit report.

But Maria Fema has her own personal grievances with the NPF officials, claiming they refused to recognize her as executive director despite the blessing she secured from Duterte himself. But former NPF board of trustees chairperson Ocampo contested this, saying board members vote for the executive director among themselves. 

Then there’s the overarching Beijing policy against Chinese companies building casinos outside mainland China.

In August 2017, China’s State Council announced rules banning Chinese companies from making overseas investments in the areas of gambling, sex industry, and core defense technologies. 

The Beijing crackdown dovetails nicely with Duterte’s moratorium on new Metro Manila casinos effective since last January and then expanded to the entire country in February. – Rappler.com

IN CHARTS: Drug cases take over PH courts, have low disposition rates

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DRUG WAR CASES. The number of drug cases filed in court shoots up from 2009, becoming the top crime for prosecutors in 2017. Images by Noel Celis/AFP and Rambo Talabong/Rappler

MANILA, Philippines – Drug cases have taken over Philippine courts over the last 9 years, data from the Department of Justice (DOJ) and the Supreme Court show.

According to the records of the National Prosecution Service (NPS) under the DOJ, the number of drug cases that prosecutors have filed in court shot up from 2009 to 2017.

As seen from the chart below, there were only 7,675 drug-related cases filed in court in 2009, way behind cases for estafa, theft, and bouncing checks.

But over the next years, drug cases took over other crimes so drastically that by 2017, they increased to 70,706 cases, with bouncing checks a far second at 21,760.

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Success, disposition rates

But the prosecution success rate for drug cases remains one of the lowest, according to NPS data for 2016 and 2017, the only data publicly available. (READ: 19 cases of drug war deaths filed in court – DOJ)

In 2016, it had a prosecution success rate of 50.2%, and in 2017, it improved slightly to 52.5%.

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Courts are also dismissing drugs cases by the thousands, which is a point of concern for Justice Secretary Menardo Guevarra.

For example in 2016, of the 68,895 cases the prosecutors filed in court, 2,617 were dismissed. In 2017, the courts dismissed 5,270 cases out of the 70,706 cases filed, equivalent to about 7.5%.

Though the percentage is relatively low, Guevarra is worried the government may be losing cases because of flawed handling.

"Often the main reason for dismissal is technical – that is, failure to observe procedural requirements, particularly on the chain of custody of the drugs seized," Guevarra said.

Confronted with this question during the Judicial and Bar Council (JBC) interview for Chief Justice, Associate Justice Diosdado Peralta said the court’s hands are tied because following procedures in drug evidence is the duty of the executive.

“What we should do is to have a summit among prosecutors, judges, and among those who are involved in the enforcement of the drugs law, and we should come to an agreement [on] what should be done. The laws are already there,” Peralta said. 

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Big picture

For the big picture, data released by the Supreme Court in its 2017 Judiciary Annual Report (JAR) revealed that over time, the lower courts had accumulated 289,295 drug-related cases.

And in 2017, the lower courts disposed of only 34,673 equivalent to a low 12% disposition rate.

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One big problem is that the courts just cannot keep up, so much so that Peralta said, “We are failing in drug cases.”

There are 204,795 regional trial courts tasked to handle 289,295 drug cases alone, on top of everything else.

Under the Dangerous Drugs Act, trial of a drugs-related case has to be finished not later than 60 days from the filing of information.

“It is humanly impossible to come up with a termination of a criminal case when you start the counting of period from the filing of information,” Peralta said.

Peralta explained that when judges schedule trial dates when respondents are arraigned, they end up scheduling “6-7 cases” for hearing on the same day, when “they can only hear 3 cases on the same day.”

Ousted chief justice Maria Lourdes Sereno assigned hundreds of additional drug courts in 2016 when the campaign against drugs was launched. 

Peralta suggested that there has to be a review of the continuous trial rules in drugs-related cases to address the problem, as well as more training of judges on how to address dilatory pleadings. – Rappler.com

 


EXPLAINER: What is bukbok?

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Shutterstock photo

MANILA, Philippines – Consumers have been grossed out over reports that rice imports of the National Food Authority are infested with bukbok or weevils. 

Obviously, nobody wants little critters mixed with the beloved staple food. Many asked, "Is bukbok-infested rice safe to eat?"

Agriculture Secretary Emmanuel Piñol said he will absolutely eat it. An entomologist or an expert on insects agrees with that, provided that the weevils are within a manageable number.

What is bukbok? Entomologist and Global Forum on Agricultural Research awardee Josine Macaspac said there are two types of insects that Filipinos refer to as bukbok.

"In general, these are rice weevils and beetles. Weevils lay eggs in the rice grains and the larvae grows inside," Macaspac said.

"They appear not necessarily on old stock, but poorly-stored stock," she added.

Bukbok can appear on rice or other unattended dried products like flour or corn within days.

Infested food have to be fumigated as soon as possible since the weevils reproduce rapidly, according to Macaspac.

How can bukbok be exterminated? For huge quantities like the rice imports, Macaspac said fumigation is an effective way of getting rid of bukbok.

Fumigation is the process where fumes are applied to halt the infestation.

"Some companies use carbon dioxide, some use malathion, some use diatomaceous earth," Macaspac said.

Companies are only allowed to use chemicals deemed safe by government agencies like the Department of Agriculture.

"The taste, color, and appearance of the rice won't change, provided that these companies adhere to correct dosage and chemical types," Macaspac said.

Alternatively, Macaspac has a working prototype of a machine that can filter out unwanted sediments or bugs on rice.

The machine, which has yet to be mass produced, "tumbles" the rice and shakes off pests on the contraption's floor.

What can people do at home? To prevent infestation at home, Macaspac recommended that rice be stored in an airtight and clean container.

"If the infestation just started, they can place bay leaves, cloves, or neem leaves," she said.

Freezing the rice overnight is also effective. 

"Freezing kills everything, but you would need to physically remove them before you store the rice again or cook it," Macaspac said.

Submerging the rice in water would only get rid of the adult weevils. Those that are burrowed inside the grains – and the insects' feces – would be difficult to spot. – Rappler.com 

Kabataang Barangay: Get to know the forerunner of the Sangguniang Kabataan

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KABATAANG BARANGAY. The Pambansang Katipunan ng Kabataang Barangay ng Pilipinas was established under Presidential Decree No. 684. Photo from Ken Bautista/Rappler

MANILA, Philippines – Before the Sangguniang Kabataan (SK) created during the time of President Corazon Aquino, there was the Kabataang Barangay (KB) – the primary body that allowed the youth to engage in public affairs – that was considered the political network of dictator Ferdinand Marcos' eldest daughter, Imee. 

The KB recently celebrated its 43rd anniversary at the University of the Philippines (UP) Bahay ng Alumni, reaping criticism from students, alumni, and human rights advocates over the irony of the event and the venue. (READ: U.P. president 'regrets' pain caused by appearance with Imee Marcos)

No less than UP president Danilo Concepcion, a KB official in his youth, gave a speech and flashed the "V" hand sign associated with Marcos loyalists. 

The UP Diliman University Student Council said the KB reunion was "a gross disrespect not only by the Marcoses but also by the university to the long list of martyrs" during Martial Law.

New Society's youth arm

The Pambansang Katipunan ng Kabataang Barangay ng Pilipinas was established on April 15, 1975, during the Marcos administration by virtue of Presidential Decree 684. It aims to “clearly define the role of the youth in the task of young people ample opportunity to express their views, aspirations and hopes.”

Several academics noted the creation of the Kabataang Barangay as a counterforce to the Kabataang Makabayan (KM), the youth arm of the Communist Party of the Philippines headed by Jose Maria Sison founded earlier in 1964.

John Bresnan, author of Crisis in the Philippines: The Marcos Era and Beyond, wrote that the Marcos organized his own youth-governed body as an "alternative to the suppressed organizations" who were at the forefront of the First Quarter Storm.

Notably, the opposing youth sectors used the same Baybayin character for "Ka" in their respective logos.

In a move questioned by many, Imee , now Ilocos Norte governor, was appointed by her father as the national chairperson of the organization during the Martial Law years.

The key functions of the Kabataang Barangay were to promote the development of  young Filipinos by initiating youth-oriented projects and activities that are "consistent with the guiding philosophies of the New Society.”

In accordance with the decree, the youth organization enjoyed autonomy in management and expenditures for initiatives and projects, as well as in the formulation of policies, plans, and programs, with assistance from experts in concerned agencies as requested.

Each barangay in the Philippines was mandated by law to delegate its own KB officials through elections.

The KB chairman also acted as an ex-officio member and chairman of the Committee on Sports and Recreation Activities of the barangay council.

KBs across the country were then tasked to plan and to enforce local policies for the youth in their respective barangays, to be supervised by the barangay captains.

KB was abolished in 1986, following the EDSA People Power Revolution that toppled the Marcos dictatorship. It was  replaced by the Sangguniang Kabataan in 1991 under Republic Act 7160.

Similarities, differences between KB and SK

Both KB and SK youth members exercised autonomy on projects and political plans in respective localities, with some supervision from other authorities. Both also had training camps and conventions.

The differences between the two political youth organizations, however, can mostly be seen in eligibility requirements for youth vying for positions and in the political atmosphere in their respective times. (READ: What’s in the new Sangguniang Kabataan?)

Minimum age limit: Under KB, only youth aged 15 to 18 were allowed to be voted into the assembly. SK has increased the age range to 18 to 24 years old. 

Number of assembly members: The KB Assembly was composed of one barangay youth chairman with 6 other barangay youth leaders. The SK is composed of one chairperson and 7 other members.  A secretary and a treasurer are elected among the SK members.

Anti-Political Dynasty Provision: Following the appointment of Imee as KB chairman, nepotism and dynastic politics persisted in the KB.

Under the reformed SK, meanwhile, youth leaders are held by an anti-dynasty provision in the law – members should not be related within the 2nd civil degree of consanguinity or affinity to any incumbent elected national or local official in the locality.

The current SK also requires candidates to be voters of the Katipunan ng Kabataan (Youth Assembly), which includes all youth, 15 to 30 years old, living in the community for at least 6 months. This assembly convenes to review the SK's annual performance and financial reports – Rappler.com

HOAX: 'Marijuana Boys tortured then killed'

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Screenshot of an undated August ang.balitangswak.info post claiming the teenagers who recently went viral because of their "pot session" video were tortured then killed.

Claim: The group of teenage boys from Malabon City who who took a video of themselves smoking marijuana (cannabis) and cursing President Rodrigo Duterte were tortured then killed.

The website ang.balitangswak.info published the claim and garnered minimal social media engagement. It contained a supposed video from ABS-CBN News with a graphic thumbnail or featured image.

Rating: FALSE

The facts: The group of teenagers are alive and now under the custody of Malabon police.

According to them, the video was taped in 2016 but was posted online this August after one of their phones was supposedly "hacked." They surrendered immediately to authorities on August 28 and 29.

However, the embedded video in the blog post is a September 30, 2016 TV Patrol report of 3 male minors who were kidnapped, tortured, then killed in Subic, Zambales.

This type of blog post often carries death hoaxes and changes content after a while. The video also will play for a few seconds before an age restriction message will pop up. If clicked, it will open a Facebook share window with an automatic caption of “#MarijuanaBoys.”

Rappler has observed in recent weeks that “viral personalities” are targets of this blog such as “5-minute girl” or Christine Estepa who became famous for her altercation with traffic personnel regarding a parking violation. – 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.

HOAX: Risa Hontiveros 'quote' on kidnapping

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Screenshot of an August 29 Facebook post of a Dodong Montesclaros claiming Senator Risa Hontiveros said kidnapping is not wrong as long as the victim is unharmed.

Claim: Senator Ana Theresia "Risa" Hontiveros said, “Hindi masama ang kidnapping kung hindi sinaktan ang biktima.” (Kidnapping is not wrong if the victim was not harmed)

The alleged quote was posted by a Dodong Montesclaros on Facebook on August 29. The post garnered 101 reactions, 72 comments, and 74 shares as of posting time.

Rating: FALSE

The facts: There is no such quote.

The original photo was Hontiveros’ official Facebook page’s cover photo posted on August 9, 2017. Below is a comparison of the original and the fabricated photo. The original photo is noticeably clearer than the manipulated photo where Hontiveros’ image is already blurred.



The original photo also contains a different quote of the senator, “Buhay muna bago kita. And deposito mababayaran, ang buhay na nawala ay hindi na mapapalitan.” (Lives first before profit. Deposit can always be paid, but a life lost will never be replaced)

This was to mark President Rodrigo Duterte’s signing into law of Republic Act 10932 or the Strengthened Anti-Hospital Deposit Law. Mainly, it allows the Department of Health to revoke the license of hospital and health facilities that refuse to treat a patient without a deposit or downpayment.

It also mandates the government, if requested by the health facility, to reimburse through Philhealth basic emergency care and transportation expenses in treating poor patients.

The kidnapping quote appears to be a rehash of the kidnapping charge filed against Hontiveros by former Negros Oriental congressman and now Labor undersecretary Jing Paras on September 25, 2017. Paras filed the first charge when Hontiveros took custody of minors who were witnesses in the killing of 17-year-old student Kian delos Santos.

However, this claim is not new. It was already debunked by memebuster.net on August 29, 2017.

In recent weeks, Rappler has checked dubious claims against opposition figures such  as Senator Antonio Trillanes III testing positive in a drug test and Human Rights Chair Jose “Chito” Gascon having 3 China trips in June as flagged by the Commission on Audit (COA). — 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.

Patterns emerge in 2017, 2018 shabu probes

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MANILA, Philippines (UPDATED) – As the House committee on dangerous drugs continued to probe into the alleged missing one ton of shabu in magnetic lifters found in Cavite – estimated at P6.8 billion – some lawmakers experienced deja vu.

In 2017, the committee encountered the exact same problems during its probe into the P6.4-billion shabu found in a Valenzuela warehouse, said its chairman, Surigao del Norte 2nd District Representative Robert Ace Barbers.

“When we investigated the Bureau of Customs (BOC) last year, all these problems cropped up. There’s (Customs fixer Mark) Taguba, there’s the EMT trading, there’s the consignee constraint,” said a visibly irked Barbers in the middle of quizzing top BOC officials.

It was also Barbers who presided over the panel probe last year, which ended with the recommendation to slap then Customs chief Nicanor Faeldon with corruption charges.

Now with new officials, he worries about a repeat of the 2017 shipment mess.

Where the evaluation came from: Adrian Alvariño, the top investigator of the Philippine Drug Enforcement Agency (PDEA) in the shipment case, unveiled key personalities in the transaction. Alvariño heads PDEA Calabarzon.

Complete with a PowerPoint presentation, Alvariño identified Katrina Grace Cuasay as the broker for importer SMYD trading in shipping the 4 magnetic lifters into the Philippines.

Alvariño named the owner of SMYD Trading as Marina Signapan.

Signapan claimed she was just paid to be the consignee of the shipment by a certain Joel Maritana, and that she was unaware that the shipment involved possible contraband.

EMPTY. PDEA agents secure 4 empty magnetic scrap lifters, similar to the two abandoned inside a 40-foot container at the MICP with an estimated 500 kilos of shabu, inside a warehouse in Cavite on August 10, 2018. File photo by Ben Nabong/Rappler

Who is the broker? According to Alvariño, Cuasay admitted upon interview that she was indeed the Customs broker for the magnetic lifters.

Customs brokers play a key role in the delivery of goods, and easily get pinned down during shipment controversies as they represent importers, and ensure that their clients' shipments follow Customs regulations. (READ: Gordon puts blame on Taguba as 'central figure' in BOC corruption)

The BOC said Cuasay has been brokering for “not more than a year” and that she landed the job through a referral from her mother-in-law,  Miguela “Meg” Santos.

Upon checking, Rappler learned that Cuasay has been a licensed Customs broker since November 2016, or a year and 7 months ago.

Citing her sworn statement, PDEA said Cuasay received orders from Signapan to have the magnetic lifters delivered to the warehouse located at Lot 1-8, CRS Subdivision, Barangay F. Reyes, General Mariano Alvarez in Cavite – the exact address where the empty lifters were found on August 9.

When confronted by PDEA, Cuasay claimed she was not aware that the shipment contained illegal drugs.

“[Miguela Santos] denied any knowledge [about] the shipment but admitted that she is helping her daughter-in-law in her job,” Alvariño said.

House Deputy Speaker Sharon Garin, however, raised the red flag on Cuasay and the BOC, as Cuasay had consistently been partnered with the same appraiser in the checking of goods she brokers – an “irregular” occurrence, as admitted by the BOC. The AAMBIS-OWA Representative has yet to release documents on this claim.

NEW CHIEF. Bureau of Customs Commissioner Isidro Lapeña talks to media during a press conference on August 11, 2018, about the backtracking and ongoing investigation into the intercepted shabu in MICP. BOC Public Information & Assistance Division photo

The consignee: Like Cuasay, SMYD owner Signapan was interviewed by PDEA prior to the hearing.

According to Alvariño, Signapan first claimed that her company was “used as consignee without her consent,” but later admitted she accepted the shipment in exchange for a P50,000 “accommodation fee” from a certain Joel Maritana.

The transaction, as expected, did not have any documentary evidence.

Signapan’s statement, Alvariño said, was only “short of admitting that she is a consignee-for-hire.”

The scheme: The consignee-for-hire scheme involves BOC-accredited consignees using their licenses to help smugglers bring in goods in exchange for a fee.

This is the same scheme that came into play in the P6.4-billion shabu shipment in 2017, where Mark Taguba allegedly took in EMT Trading as his dummy consignee for the 604 kilograms of shabu to enter the country.

The owner of EMT, Eirene Mae Tatad, had also admitted to accepting money (P1,500 per container), but denied knowing about the existence of illegal drugs in the shipment which was later found to contain P6.4-billion worth of shabu.

Asked for SMYD’s track record, Customs Chief Isidro Lapeña said it had “no violations” until the empty magnetic lifters suspected to be packed with shabu were traced in Cavite, prompting the BOC to revoke its license.

SMYD Trading, Lapeña earlier said, holds office at the 6th floor of the Victoria Building along United Nations Avenue in  Manila.

CARGOS. Bureau of Customs officials at work at the Port of Manila. Photo by Rambo Talabong/Rappler

Who owns the shipment? Signapan insisted that the lifters were actually owned by Maritana, as her company was apparently just used for the lifters to enter Philippine soil.

Citing Signapan’s statement, PDEA said Maritana paid Signapan P180,000 to cover “handling fee and duties, taxes and other expenses” for receiving the lifters at the Manila International Container Terminal (MICT).

Curiously, neither the PDEA nor the BOC mentioned the name of Taiwanese suspect Chung-Chun Hsu in the shipment records. Roy Wang and a certain Fong, who are Hsu's alleged cohorts, were also excluded in the records. (READ: How P6.8-B 'shabu' slipped past PNP, PDEA, Customs)

PDEA added that the name Chung Chun Hsu came from Taiwanese anti-drug agents, while the names of Wang and Fong came from witnesses. To recall, Hsu was said to be a drug suspect in Taiwan who rented the Cavite warehouse to receive the alleged shabu-filled magnetic lifters.

The PDEA now believes that Hsu has fled the Philippines, just like the suspected Chinese middlemen in the 2017 shabu shipment.

Halos ganoon pa rin eh. Inspite of the efforts being done by the [new Customs] commissioner, still, marami pa ring hocus-pocus sa ilalim 'di ba (It’s almost the same. Inspite of the efforts being done by the new commissioner, there is still a lot of hocus-pocus below, right)?” Barbers said.

X-RAY. Law enforcers and lawmakers could not agree on whether or not the magnetic lifters contained shabu. Courtesy of House Committee on Dangerous Drugs

Glaring differences:  The Customs chief begged to differ.

Lapeña emphasized that  since he assumed office, he has shut down the X-ray-less green lane where the P6.4-billion shabu shipment easily slipped through in 2017. 

The recent shipment, he said, went through their red lane – which has an X-ray – but, despite good faith, Customs inspectors failed to see shabu inside the magnetic lifters.

The biggest difference between the 2018 and 2017 probes: the existence of drugs has not been established in the 2018 shipment.

This much was the summary of Antipolo Representative Romeo Acop, a former police general, as the Thursday hearing came to a close. “The crux of the matter is whether or not the magnetic lifters found in GMA Cavite contained shabu or dangerous drugs," he said.

So ang nakita ko sa discussion this afternoon 'di po natin masagot ang katanungan. Iyon ang conclusion ko sa nangyari ngayong araw na ito,” Acop added. (So what I am seeing in our discussion this afternoon is that we still couldn't answer this question. This is my conclusion on what happened today.)

While the PDEA and the BOC stopped finger-pointing, their views remain critically different: the BOC believes the containers were empty based on the PDEA's own swab test and X-ray scans; PDEA stands by its K-9 unit and its case folders thick with evidence showing a repeat of a 2017’s smuggling controversy.

The probe is far from over as the House committee has invited broker Cuasay to get her side on the controversial shipment, and an independent X-ray expert to assess the equally contested X-ray scans. – Rappler.com

Top photo:  IN HOT WATER AGAIN. Bureau of Customs Commissioner Isidro Lapeña (center) swears before the House committee on dangerous drugs on August 14, during the investigation into the P6.8- billion worth of shabu smuggled into the country from Taiwan. File photo by Darren Langit/Rappler  

TIMELINE: The search for P6.8-B shabu 'smuggled' into PH

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STILL SEARCHING. PDEA chief Aaron Aquino inspects an empty magnetic lifter found in General Mariano Alvarez, Cavite. PDEA photo

MANILA, Philippines – The lead anti-drug agencies of the Philippines scramble as they find empty giant magnetic lifters suspected to have been used as containers to transport a ton of shabu (methamphetamine) worth P6.8 billion ($127.3 million)*.

The slip has been a big hit on President Rodrigo Duterte’s landmark anti-drug campaign.

As Philippine Drug Enforcement Agency chief Director General Aaron Aquino has put it: while law enforcers are breaking their backs seizing grams of illegal drugs out in Philippine streets, hundreds of kilograms continue to be smuggled back in.

The story is not simply about the discovery of empty lifters and the search for illegal drugs, however. Lawmakers, in fact, have already seen similar patterns in the 2018 case and the 2017 P6.4-billion shabu smuggling controversy.

Rappler traces and plots the events related to the shipment of the controversial 4 magnetic lifters found empty at a warehouse in Cavite.

May 8
Dexter Francisco, a real estate broker, is reached through OLX.ph by a certain Fong looking for a warehouse in the Philippines. Francisco works in a real estate brokerage with a certain Celia Arciaga.

May 9
Francisco and Arciaga meet with Fong at Carmona, Cavite, then proceed to warehouse-hunting in Biñan and Sta Rosa in Laguna, then in GMA, Cavite.

May 11
Accompanied by a certain Wang, Fong meets with the owners of the Cavite warehouse located at Lot 1-8 in CRS Compound in Barangay F. Reyes, General Mariano Alvarez: Robert and Vicenta Cantemprate.

Wang pays a P50,000 (936$) reservation fee and instructs the Cantemprates to “fast-track” the preparation of the contract.

May 12
The warehouse deal is consummated on this day, according to broker Francisco.

July 2
The PDEA receives “raw information” about illegal drugs entering the Philippines.

SHIPMENTS. Container vans fill the Manila International Container Terminal, the busiest and most modern container terminal in the Philippines. Photo from MICT website

 

July 11
The 4 magnetic lifters arrive at the Manila International Container Port from Taiwan.

11:16 am: Customs-accredited broker Katrina Grace Cuasay files goods declaration for the shipment, naming SMYD Trading as its consignee. The entry reference number is C-185143.

The contents of the shipment are described in the declaration as “magnetic lifter”, Customs spokesman Erastus Austria would later say in a press briefing.

July 12
The shipment first passes through the Customs entry processing unit for verification of documents, and then the Customs Risk Management Office, which tags the shipment as red.

4:22 pm: Customs examiner computes P157,673 ($2,951) in taxes and duties that importer SMYD should pay.
4:26 pm: Customs appraiser completes the final assessment of the shipment.

July 13
11:05 am: SMYD pays the shipment’s tax and duty fees; the Customs arrestre (handling) operator gets notified of the payment minutes after.

WHAT INSPECTORS SAW. The Bureau of Customs X-ray inspector clears the shipment as its scan shows the figures of 4 magnetic lifters. Courtesy of House Committee on Dangerous Drugs

July 14
7:36 am: The shipment passes through X-ray, with the inspector not finding anything suspicious about the shipment. As the shape of the contents point to magnetic lifters as declared, the inspector clears it. (READ: Customs X-ray machines can't track shabu wrapped in lead, foil, plastic)

Handling fees are paid by SMYD after the X-ray.

9:44 am: Container is released from the MICT.

The trailer truck is seen arriving at the CRS Compound in GMA, Cavite by compound personnel.

July 15
8 am to 9 am: Angelo Ramilo, a forklift operator, assists 6 Chinese-looking personalities in taking out the 4 magnetic lifters from the shipment container and bringing them to the warehouse. He is paid P27,000 ($505) just for the short service.

Outside, after the transaction, Ramilo hears the sound of grinding inside the warehouse.

July 16
The PDEA discovers onnly at this time that the large shabu shipment would be concealed in “hardware material” and that it would come from Malaysia.

PDEA then calls for a meeting with the BOC and Philippine National Police.

FIRST CATCH. BOC and PDEA find two magnetic lifters packed with shabu abandoned at the Manila International Container Port Compound on August 7. Photo by Ben Nabong/Rappler

August 7
Around 5 pm: Two magnetic lifters containing 355 kilograms – initially estimated to be 500 kg – of shabu are intercepted at the Manila International Container Port Compound, complete with a blow-by-blow media coverage.

As intelligence had revealed, the shipment came from Malaysia.

GMA, Cavite, forklift operator Ramilo recognizes the shabu-packed magnetic lifters flashed in the news as similar to those he brought to the warehouse.

August 8
Ramilo informs the warehouse owner, Vicenta Cantemprate, who then reaches out to their barangay captain, who then calls the police.

Police enter the warehouse to find already-empty magnetic lifters. They call for the PDEA.

EMPTY. PDEA agents find the 4 magnetic lifters in General Mariano Alvarez, Cavite already empty. Photo by Ben Nabong/Rappler

August 9
The PDEA goes to GMA Cavite to process the lifters with a swab test and a K-9 sweep. The dogs sit down on two tries, PDEA says. This indicates the existence of illegal drugs.

PDEA also sees similarities between the magnetic lifters found in the warehouse and those found packed with shabu at the MICP.

August 10
The PDEA and the PNP hold a press conference on the magnetic lifters in Cavite inside the warehouse where the suspected shabu containers were found.

PDEA announces its estimate that the lifters used to contain one ton of shabu worth about P6.8 billion.

PDEA chief Director General Aaron Aquino suspects that the alleged illegal drugs have already penetrated Philippine streets. – Rappler.com

The timeline will be updated as more information comes in. Read other stories from Rappler's coverage of the search for the missing P6.8-billion shabu: 

Things you need to know about Trabaho bill

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BUSINESSES. The Trabaho bill aims to reduce the corporate income tax rate from 30% to 20%. File photo by LeAnne Jazul/Rappler

MANILA, Philippines – To complement the Tax Reform for Acceleration and Inclusion (TRAIN) law, House Bill 8083, which contains the Duterte administration's second tax reform package, is now up for plenary debate at the House of Representatives. It will be known as the Tax Reform for Attracting Better and High-Quality Opportunities or Trabaho.

Unlike TRAIN which focuses on personal taxes, the Trabaho bill deals with corporate taxation.

Specifically, it aims to reduce the corporate income tax rate from 30% to 20%. 

At the same time, the Trabaho bill intends to broaden the tax base (income subject to tax) by removing some of the preferential or lower corporate tax rates under the Tax Code and setting stricter rules on transactions between related parties (affiliated/sister companies).

Another part of the Trabaho bill that will significantly broaden the tax base is the rationalization of tax incentives by making them performance-based, targeted, time-bound, and transparent.

Currently, the list of activities qualified for availment of tax incentives are scattered in various laws. Under the Trabaho Bill, only those activities included in the one Strategic Investment Priorities Plan (to be issued once every 3 years) may be granted tax incentives. There will also be a single menu of tax incentives (income, customs duty, and value-added tax incentives) to be contained in the Tax Code itself.

Reduction of corporate tax rate

Currently, the corporate income tax rate is 30%. Under the Trabaho bill, the rate will gradually be reduced by 2% every two years starting 2021 until 2029, when the rate will only be 20%.

Broadening of tax base 

To compensate the projected revenue loss resulting from lowering of corporate income tax rate, the Trabaho bill seeks to broaden the tax base by amending several provisions of the Tax Code. 

15% gross income tax option

At present, the Tax Code gives a corporation the option to be taxed at 15% based on gross income. Under the Trabaho bill, this will no longer be available starting 2019.

10% tax on proprietary educational institutions and hospitals

Proprietary educational institutions and hospitals which are nonprofit enjoy a preferential income tax rate of 10%. Under the Trabaho bill, the availment of this preferential rate will be subject to compliance with established performance criteria to be determined by the Commission on Higher Education (CHED), the Department of Education (DepEd), and the Department of Health (DOH). Otherwise, they may be subjected to higher income tax rate at 15% or 20%.   

10% tax on regional operating headquarters of multinational companies

Two years after the effectivity of the proposed Trabaho law, the 10% preferential tax on regional operating headquarters (ROHQ) will no longer be available. 

Accelerated depreciation for private educational institutions

Normally, capital expenses are not deductible outright in one taxable year. Instead, they are deductible gradually by way of yearly allowance for depreciation. However, when a private educational institution incurs a capital expense for expansion of school facilities, it has the option to deduct the capital expense outright.   

Under the Trabaho bill, educational institutions can avail of the outright expense option only if they have met the criteria set by CHED, DepEd, and DOH.

Optional standard deduction 

In income taxation, it is a basic rule that a deduction or expense must be supported with adequate records. However, when a taxpayer chooses optional standard deduction (OSD) over itemized deduction, the requirement of substantiation becomes irrelevant. 

At present, the OSD rate for individual and corporate taxpayers is the same at 40%, but the bases are different. For individuals, the OSD is applied on the gross sales or receipts (before deduction of cost of sales/services). On the other hand, for corporations, OSD is applied on gross income (after deduction of cost of sales/services).

Under the Trabaho bill, the 40% OSD rate and base will be uniform for individual and corporate taxpayers at 40% of gross income. However, for corporations, availment of OSD will be limited to those classified as micro, small, and medium-sized enterprises as determined by the Department of Trade and Industry.

Related party transactions

When a transaction is between or among related parties (affiliated/sister companies), businesses have a tendency to arrange the transactions in such a way that their overall after-tax income is maximized. Thus, related-party transactions are sometimes done not at arm's length.

To address this gap, the current Tax Code empowers the BIR Commissioner to distribute, apportion, or allocate gross income or deductions between or among related parties if the Commissioner finds that such distribution, apportionment, or allocation is necessary to prevent evasion of taxes or clearly to reflect the income of the taxpayer concerned.

Under Trabaho bill, the Commissioner will have an enhanced power to distribute, apportion, or allocate gross income or deductions, as he can exercise it not only to prevent evasion of taxes but also to prevent avoidance of taxes.

Moreover, if the transaction or arrangement between or among related parties has the purpose or effect of tax avoidance, the Commissioner may disregard and consider such transaction as void for income tax purposes.

Rationalization of tax incentives 

Another major purpose of Trabaho bill is to rationalize tax incentives. Under the bill, only those projects listed in the Strategic Investments Priority Plan (SIPP) may be registered and given incentives.

Strategic Investments Priority Plan

Every 3 years, the BOI will formulate a SIPP for approval of the President. In crafting the SIPP, the BOI shall consider, among others, the following: 

1.    substantial amount of investments:
2.    considerable generation of employment:
3.    adoption of inclusive business activities and value-added production by MSMEs;
4.    use of modern or new technology;
5.    adoption of adequate environmental protection systems;
6.    addressing missing gaps in the supply/value chain or moving up the value chain or product ladder;
7.    promotion of market competitiveness

Single incentive menu 

At present, the incentives given to investors depend on the law creating the Investment Promotion Agency (like PEZA, BOI, etc) granting the incentives. In the Trabaho bill, there will be one single incentive menu for income, customs duty and VAT incentives.

Income tax incentives

1. Income Tax Holiday (ITH) – The ITH shall be granted for a period not exceeding 3 years: provided, that after the expiration of the ITH, the other income tax incentives may be applied for a period not exceeding 5 years, which includes the period of ITH availment.

2.    Other income tax incentives include:

a.    reduced corporate income tax of 18%;
b.    depreciation allowance for qualified capital expenditure;
c.    up to 50% additional deduction on the increment of direct labor expense;
d.    up to 100% additional deduction on research and development expenses;
e.    up to 100% additional deduction on training expenses;
f.     up to 100% deduction on infrastructure development;
g.    deduction for reinvestment allowance to manufacturing industry;
h.    enhanced net operating loss carry over (NOLCO) wherein the NOLCO during the first 3 years may be carried over within the next 5 years following the year of such loss

Customs duty incentives

Exemption from customs duty on importation of capital equipment and raw materials directly and exclusively used in the registered activity for a period not exceeding 5 years.

VAT incentives

Registered export enterprise whose export sales meet the 90% threshold and are located within an ecozone, freeport, or those utilizing customs bonded manufacturing warehouse may be given VAT zero-rating on export sales, or on importation or domestic purchases of capital equipment and raw materials used in the manufacture and processing of products.

Incentives granted prior to effectivity of Trabaho  

With the rationalization of tax incentives, it is important to ask: What will happen to incentives granted prior to effectivity of the proposed Trabaho law?

The existing registered activities granted the ITH shall be allowed to continue availing the same for its remaining ITH period or for a period of 5 years only, whichever comes first. If other tax incentives are granted to existing registered activities, such as the 5% tax on gross income earned (5% GIE), they shall be allowed to continue enjoying the 5% GIE, as follows:

1.    Two years for activities enjoying the tax incentive for more than 10 years;
2.    Three years for activities enjoying the tax incentive between 5 and 10 years; and 
3.    Five years for activities enjoying the tax incentive below 5 years.

According to the Trabaho bill, this is applicable "provided that the 5% GIE shall commence after the ITH period has lapsed [but] only for the remaining years within the five-year period."

***

This article is for general information only and based on author's own understanding of the Trabaho bill. 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.


LOOK: Arroyo gives birthday cakes to House journalists

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GREETINGS FROM GMA. Speaker Gloria Macapagal Arroyo stands beside House journalists who are also July-September birthday celebrants. Photo courtesy of Perfecto Camero

It’s never too late for a birthday cake. 

Speaker Gloria Macapagal Arroyo went to the press office at the House of Representatives on Monday, September 3, to personally give birthday cakes to reporters, cameramen, and television crew assigned to cover the lower chamber.

Members of the House press corps celebrating their birthdays from July to September received  the Goldilocks cakes, which bore the logo of the House.

THE CAKE. A close-up photo of the cake given to House reporters. Photo by Rappler

The cakes were placed on the long tables inside the press office. The birthday celebrants were then asked to stand in front of their cakes as Arroyo and Leyte 1st  District Representative Yedda Romualdez led the singing of “Happy Birthday”. 

The journalists blew the candles on their cakes after the song.

BIRTHDAY GREETING. Speaker Gloria Macapagal Arroyo and Leyte 1st District Representative Yedda Romualdez sing "Happy Birthday" to journalists. Photo by Rappler

Romualdez is the chairperson of the House committee on accounts, which handles the internal budget of the lower chamber. 

Arroyo became Speaker after  Davao del Norte 1st District Representative Pantaleon Alvarez was unseated on July 23.

Like Arroyo, Alvarez used to give birthday cakes to every House journalist as well. He also used to send to the press office 3 round woven trays of spaghetti twice a month for the birthday celebrants. 

The House is not alone in following this tradition of cake-giving as the Binays of Makati had been gifting senior citizens of the city on their birthdays too using the same brand of cake.

On Monday, Arroyo announced that she approved the release of P35,000 to every House employee for their grocery allowance in September. – Rappler.com

DOCUMENT: Proclamation No. 572 voiding Trillanes' amnesty

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TARGET. Senator Antonio Trillanes IV faces arrest after the proclamation voiding the amnesty granted to him during the Aquino administration. File photo by Angie de Silva/Rappler

MANILA, Philippines – Malacañang sent reporters a copy of Proclamation No 572 at around 1:30 pm on Tuesday, September 4, hours after it had been published in a newspaper.

The proclamation states that the amnesty granted to Senator Antonio Trillanes IV during the administration of Benigno Aquino III was "void ab initio" or invalid from the beginning as the senator supposedly failed to comply with two requirements for the granting of amnesty: (1) application for amnesty and (2) admission of guilt.

The document also orders the military and police to apprehend Trillanes and bring him to a detention facility.

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A certification, dated August 30, 2018, from the Armed Forces of the Philippines, states "there is no available copy" of Trillanes' application.

There was, however, media coverage of Trillanes applying for amnesty, along with other military personnel, who participated in the 2003 Oakwood mutiny and 2007 Manila Peninsula siege.

A day after the AFP certification, Duterte signed the proclamation. Malacañang on Tuesday insisted that Duterte's amnesty revocation is not colored by politics but was just the President's fulfillment of his duty to uphold the rule of law.

Trillanes is among the President's most vocal critics in Congress. Another fierce critic, Senator Leila de Lima, is already in jail over drug charges also initiated by the administration. – Rappler.com

Follow the developments here:

 

FAST FACTS: What is amnesty?

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Photos from Shutterstock

MANILA, Philippines – The administration of President Rodrigo Duterte announced on Tuesday, September 4, that he was revoking the amnesty granted to Senator Antonio Trillanes IV "effective immediately."

Trillanes' amnesty was granted in 2010 by President Benigno Aquino III in connection with the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

Here are some fact facts about amnesty.

What is amnesty?

Amnesty is a power granted to the President by the 1987 Constitution.

Under Section 19, Article VII of the Constitution, the President has the power to "grant amnesty with the concurrence of a majority of all the Members of the Congress." This is on top of related presidential powers such as granting reprieves, commutations, and pardons, and remitting fines and forfeitures, after conviction by final judgment.

The President would sign and issue a proclamation announcing the amnesty. It may also specify the terms of the amnesty, such as its coverage and its effects.

How is amnesty different from pardon?

Supreme Court cases like Barrioquinto vs. Fernandez (1949) and People vs. Casido (1997) distinguished amnesty from pardon.

Amnesty is a public act granted by the President and should have Congress' concurrence, while pardon is a private act "pleaded and proved by the person pardoned."

Amnesty may be "granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction." Meanwhile, pardon may be granted to a person after conviction.

Amnesty "looks backward and abolishes and puts into oblivion the offense itself" as if no crime has been committed. Pardon, on the other hand, "looks forward and relieves the offender from the consequences of an offense of which he has been convicted" but does not automatically restore one's political rights (unless restored by the terms of pardon) and does not absolve him or her from paying civil indemnity.

Who qualifies for amnesty? What are the requirements?

The presidential proclamation sets the qualifications and requirements to obtain amnesty.

For instance, soldiers and personnel in the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege – which included Trillanes – as well as those in the 2006 Marines standoff applied for the amnesty granted through Proclamation No. 75 signed in November 2010. A committee in the Department of National Defense (DND) processed all applications.

Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture, crimes against chastity and other crimes committed for personal ends." Also, their criminal liability in connection with the 3 incidents will be extinguished, but "without prejudice to the grantee’s civil liability for injuries or damages caused to private persons."

Rules, procedures, and further requirements to implement Proclamation No. 75 were contained in Circular No. 1 of the DND Amnesty Committee.

It included a condition where the applicant should have an "express admission" of participation and guilt, and a "recantation of all previous statements" that are not consistent with the admission.

These were the basis to revoke Trillanes' amnesty, since he supposedly did not meet these conditions.

How can amnesty be revoked?

The presidential proclamation may specify how an amnesty to an individual may be revoked.

In the case of the amnesty given to communist rebels by President Gloria Macapagal Arroyo in 2007, the illegal possession of firearms by an applicant or amnesty grantee "shall be a ground for denial or revocation of the amnesty, without prejudice to legal prosecution for such illegal possession."

Proclamation No. 75 does not have a similar provision that explicitly states denial or revocation of amnesty. This was mentioned by Albay 1st District Representative Edcel Lagman in a statement on the revocation of Trillanes' amnesty.

However, DND Amnesty Committee Circular No. 1 Section 17 says that the department’s final decision is appealable by any party to the application to the Office of the President (OP) within 15 days from notice of the decision.

According to constitutional law professor Dan Gatmaytan, there are no similar cases in which a president has tried to revoke the amnesty of an individual. He likens it to Duterte’s attempt to withdraw from the International Criminal Court in March. (READ: Duterte: PH to withdraw from International Criminal Court 'immediately')

“This one should be decided by the courts, because nobody can tell, by the text of the Constitution, if [revoking amnesty] can be done unilaterally by one branch of government,” said Gatmaytan. Rappler.com

Editor's note: An earlier version of this story stated that under DND Amnesty Committee Circular No. 1 Section 17, the department's decision on amnesty is appealable within 10 days from notice. This has been corrected.  

LIST: Who's been granted amnesty?

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Photo from Shutterstock

MANILA, Philippines – Previous Philippine presidents have used their power to grant amnesty to persons and groups “who may be guilty of political offenses,” often to facilitate peace processes or entice rebels to return to mainstream life.

Senator Antonio Trillanes IV was one of those granted amnesty by former President Benigno Aquino III in connection with botched mutinies that he led against the Arroyo administration.

But President Rodrigo Duterte voided this proclamation “effective immediately,” in an order signed on August 31 and released to the public on Tuesday, September 4.

Here are other groups and personalities who have been granted amnesty:

Mutineers against Arroyo administration

WHAT NOW? Senator Antonio Trillanes IV faces possible arrest. Photo by Angie de Silva/Rappler

Under Presidential Proclamation no. 75 issued by Aquino in 2010, soldiers involved in at least 2 failed mutinies against the Arroyo administration were granted amnesty. This took effect in 2011, when at least 79 mutineers applied for – and were given – amnesty, including Trillanes.

Some of them were previously granted amnesty under the Ramos administration for their involvement in failed coups against then president Corazon Aquino. But they joined subsequent mutinies again.

Below is the list of 2011 amnesty applicants, a copy of which was given to Rappler by one of them. We're also highlighting some of the prominent personalities granted amnesty that year.

Sourced photo
Sourced photo

Office of Civil Defense Deputy Administrator Nicanor Faeldon

Along with Trillanes and other officers belonging to the Magdalo group, Faeldon joined the August 2003 Oakwood mutiny that protested alleged corruption in the Arroyo administration. He also took part in the Manila Peninsula Hotel siege 4 years later, under the same president.

Faeldon was named customs chief under the Duterte administration until he was forced to resign in August 2017 over corruption charges.   

Retired Marine colonel Ariel Querubin

Querubin was involved in two previous coup attempts under two presidents. In December 1989, the Marine officer joined the bloodest coup against the late president Corazon Aquino. He was granted amnesty after Fidel Ramos became president in 1992. But in 2006, under the administration of former president Gloria Macapagal Arroyo, Querubin was again involved in the standoff of the Marines at their headquarters in Fort Bonifacio. Aquino granted him amnesty for this offense.

Querubin is now a top security consultant of San Miguel Corporation.

MMDA chairman Danilo Lim

Lim was involved in the 2007 Manila Peninsula Hotel siege along with Trillanes and other Magdalo officers. Like Querubin, he also took part in the 1989 coup attempt against Cory Aquino as a member of the Reform the Armed Forces Movement (RAM); he was later granted amnesty by Ramos.

A retired Scout Ranger commander, Lim is a graduate of the US military academy in West Point.

Magdalo Representative Gary Alejano

Alejano was involved in the 2003 Oakwood incident and the Manila Peninsula siege, which led to his incarceration for 4 years. Along with Trillanes and other young officers then, he formed the Magdalo Para sa Pagbabago Movement (MPPM) and organized the Samahang Magdalo, Inc. (SMI).

Alejano said he is running for the Senate in next year's elections.

Quezon City Representative Joseph Christopher 'Kit' Belmonte

GRANTED AMNESTY. Quezon City 6th District Representative Jose Christopher Belmonte was a former lawyer for the Magdalo party. File photo from Rappler

Belmonte was a former counsel of the Magdalo party. He was arrested along with 6 junior military officers over alleged destabilization plots against Arroyo.

Belmonte is a stalwart of the opposition Liberal Party.

Other rebels granted amnesty in 2011 by former president Aquino were retired Major General Renato Miranda, retired colonel Rafael Galvez, Allan Paje, Jaime Regalario, retired colonel Jake Malajacan, as well as civilian Pepe Araneta Albert.

Senator Gregorio Honasan II

COUPS BEHIND HIM. Senator Gregorio Honasan II was granted amnesty in 1992 after leading several failed coups against the Cory Aquino government. File photo by Angie de Silva/Rappler

After the 1986 EDSA People Power Revolution that toppled the Marcos dictatorship, Honasan led at least 5 coup attempts against then president Corazon Aquino when he was still a colonel in the military. Ramos granted him amnesty in 1992.

In 1994, Ramos also granted amnesty to “rebels, insurgents, and all other persons who have or may have committed crimes against public order... in furtherance of political ends, and violations of the articles of war.” This was meant to facilitate the peace process that his administration initiated with communist, military and Muslim rebel groups.

Rebolusyonaryong Alyansang Makabansa, Soldiers of the Filipino People, Young Officers' Union (RAM-SFP-YOU)

Members of RAM-SFP-YOU, rebel groups who participated in the December 1989 coup, were granted amnesty by Ramos in May 1996 under Proclamation No. 723This was done due to the peace talks at the time and “for the attainment of a just, comprehensive and lasting peace under the rule of law and in accordance with constitutional processes.”

Moro Islamic Liberation Front (MILF)

In 2000, then president Joseph Estrada granted amnesty to members of the MILF who have committed crimes “in pursuit of their political beliefs.” The amnesty was granted through Proclamation Numbers 390 and 405.

Members of communist groups

In 2007, Arroyo issued Proclamation No. 1377 which granted amnesty to members of the Communist Party of the Philippines, National Democratic Front, New People’s Army and other underground communist rebel groups who applied for amnesty during that period.

Moro National Liberation Front (MNLF)

In February 1977, former president Ferdinand Marcos granted amnesty to members of the MNLF and the Bangsa Moro Army under Presidential Decree No. 1082. This was to entice Muslim rebels to surrender.

Post-WW II: Filipino guerrillas, forces

In 1946, then president Manuel Roxas signed Proclamation No. 8, which granted amnesty to Filipino guerillas and other members of the resistance, particularly those who “pursued activities in opposition to the forces and agents of the Japanese Empire.” The Guerilla Amnesty Commission was established to supervise the process. –  Rappler.com

'Lasting friendship': Philippines-Israel relations

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Photos from WikiCommons, American Public Television

MANILA, Philippines – The State of Israel and the Republic of the Philippines both share a deep history as allied countries.

On February 26, 1958, Israel and Philippines signed the Treaty of Friendship in the spirit of “perpetual peace and firm and lasting friendship,” following several events prior to the signing that helped boost the connection between the two nations.

Relations between the two countries were further solidified as President Rodrigo Duterte made an official state visit to Israel and Jordan last Sunday, September 2.

The visit marked the first time a sitting Philippine president has ever set foot in both countries.

Jewish refugees’ safe haven

GATHERING. The Frieders brothers and former President Manuel Quezon at Mariquina Hall, April 23, 1940. Photo courtesy of American Public Television

The Philippines was one of the few countries which opened its doors to refugees when the anti-semitic National Socialist German Workers' Party propaganda led by Adolf Hitler put millions of Jews in concentration camps in the 1930s.

Under the leadership of President Manuel Quezon, the government implemented the “open-door policy,” which transformed Manila into a safe haven for refugees as it granted visas to Jews escaping the Nazi regime.

The Philippines has welcomed up to over 1,200 Jewish refugees, also known as the “Manilaners”, who fled during the Holocaust. (READ: Duterte, dubbed 'Hitler admirer,' visits Israel Holocaust memorial)

To this day, Filipinos continue to reap the fruits of extending help towards the Jews. Israel has granted visa-free entry valid for 90 days for Filipino tourists since 1969.

"In recognition of your opening the gates of the Philippines to the Jewish people, we open the gates of Israel to the Philippines," Israeli Ambassador to the Philippines Effie Ben Matityau said in a Rappler Talk interview.

Ally for creation of Israel

In 1947, the United Nations General Assembly proposed Resolution 181 on the partition of Palestine and the creation of the State of Israel.

The resolution sought to address the conflicting ideals and claims between nationalist movements of Jews and Palestinians.

Out of 33 countries that voted in favor for the establishment of the State of Israel, the Philippines was the only Asian country who voted for the resolution.

The approval of the resolution also facilitated the establishment of full diplomatic relations between the Philippines and Israel, and the opening of respective embassies in Tel-Aviv and Manila in 1962.

Economic relations

Excluding recently pronounced agreements, the Israel Chamber of Commerce of the Philippines lists 14 major bilateral agreements between the two countries.

Both countries also engage in trade exports and imports, with products of electronics, industrial materials and machineries topping the list.

Israel also benefits from Philippine overseas workers, primarily within the area of caregiving. The number of Filipino care workers working in Israel in the 1980s reached a high of 100,000, or about 7% of the Israeli work force.

In an interview with the Manila BulletinPhilippine Ambassador to Israel Nathaniel Imperial said that 24,000 out of 29,000 Filipino workers currently in the country are caregivers. 

Israel's Prime Minister Benjamin Netanyahu has personally commended the support given by Filipino caregivers.

"I am one of those families, Mr. President. My late father, who died at the age of 102, in his later years received incredible care by a caregiver from the Philippines, Lee, a woman of exceptional compassion and intelligence," Netanyahu said. 

"I, like many, many Israeli families, am deeply moved by this show of humanity," he added. 

With the recent visit of President Duterte, relations between Israel and the Philippines are expected to tighten further. –Rappler.com

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