Conclusion

Part 1: Panglao: Riding the tourism cash cow
Part 2: Garbage in paradise: The price of Panglao's rise as tourist destination 
Part 3: New system for old problems: Panglao's struggle with solid waste
Part 4: In Panglao: Tourism funds waste management and conservation

PANGLAO, Bohol – Once Nenita* opens her sari-sari store along Panglao Circumferential Road, she makes sure that buyers throw their trash in the proper bins. 

She followed the rules: 4 bins properly labeled with biodegradable, non-biodegradable, residuals, and special wastes. She took it even further by indicating the types of trash that can be thrown in those bins.

“If I don’t segregate, I will be fined by the municipality,” she said while handing change to a local who bought a stick of cigarette. “I don’t want to be fined, it’s a waste of earnings.”

Since the Panglao municipality implemented a “No Segregation, No Collection” policy, local establishments were required to provide 4 trash bins that cater to different categories of garbage. 

The violation charges, when accumulated, are a big deal for smaller store owners like Nenita who sometimes have to pay P25,000 in one sitting to get a mayor’s permit. But this isn’t the case for other establishments in Panglao.

Data from the municipal solid waste management office showed that 774 violations on segregation were committed by 211 establishments in the municipality. 

Topping the list are restaurants and bars, followed by smaller hotels and resorts. Souvenir stores, general merchandise stores, and a spa are among the top 20 offenders in the province.

Also, most of the top violators do business in Barangay Tawala.

In 2017 alone, 652 violations were documented based on door-to-door inspections done by Panglao’s eco-warriors in Tawala. These were committed by 141 establishments, mostly resorts and restaurants.

The figure is interesting: there were 606 registered businesses in Tawala in 2017. This means that one to two establishments committed a segregation violation per day in Bohol’s new tourism center.

Those who failed to segregate – households and non-households alike – had to deal with two added problems: fines and uncollected garbage.

This brought about another problem in the municipality: illegal dumping of garbage.

“Sometimes, when we do inspections, our eco-warriors notice that the trash volume is low. We find out that it’s because they (businesses) hire habal-habal (motorcycle) drivers to dispose of their trash,” Manuel Fudolin of the solid waste management said.

On a normal day, Fudolin boards his motorcycle in hopes of catching locals in the act of burning waste, mostly residuals, in violation of the Clean Air Act of 1999.

He’s been successful so far. A total of 18 violators, mostly resorts and individuals, have been caught red-handed dumping non-biodegradable waste in vacant lots in Panglao.

“Now violators are smarter,” said Fudolin. “They burn the receipts or tatter them to shreds to avoid being caught.”

Problems worsened by private business

Although the solid waste management office lacks police power to catch violators, it carries the sanctions over to the annual renewal of permits. For an establishment to secure a permit, it has to settle fines in mismanaged solid waste and issues on sanitation.

Some, however, delay getting permits. 

Data on registered establishments from the Business and Licensing Permits Office (BPLO) are available but incomplete. This means that some establishments in Panglao are doing business without the necessary paperwork.

At the tourism office, Leonidas Senica admitted that this practice is common. On their end, they track actual establishments on the ground and indicate which ones are operating without the required registration.

Case in point: Transient dive centers. The tourism office noted that there are 13 transient dive centers operating in Panglao that are not registered with the municipality.

After Boracay’s closure, EMB evaluated resorts in Panglao and found that majority lack environmental permits. Source: Environment Management Bureau Region 7, as of April 26, 2018

Similarly, a majority of resorts and hotels in Panglao continue to welcome tourists even without an environmental compliance certificate (ECC) and adequate discharge permits. (READ: Panglao island next in DENR ‘crackdown on environmental violators’)

On the tourism front, some businesses are also averse to divulging exact visitor arrivals, which in turn, limits the municipality’s programs targeted at protecting tourists. 

Only 55% of the total number of hotels, resorts, and inns on the island report actual figures to the tourism office. They have cases of “outliers” or resorts that do not divulge data and fake occupancy figures.

“If a resort has more than 300 rooms and they only divulge 5,000 guests in a year, you really won’t believe them, right? So we don’t include the numbers,” he said. “If figures appear that they’re not credible, we don’t include that in the final data,” he added.

The lack of complete data hinders the local office’s efforts in overseeing, not just solid waste, but also the business operations in the area. It also delays requests for national funding on roads, social services equipment, and construction of buildings for tourists. 

It’s also unclear whether Panglao’s businesses, especially the bigger ones, have extensive internal programs for solid waste management. 

We reached out to the Bohol Association of Hotels, Resorts, and Restaurants (BAHRR), the umbrella organization of tourism establishments in the province, but they did not reply to our questions.

Fragile bureaucracy

Panglao’s unstable mayorship also diverted attention from the waste problem.

Early this year, Mayor Leonila Montero was dismissed by the Ombudsman for violating the one-year appointment ban. The Ombudsman found her guilty of “simple misconduct" and was meted the penalty of 3 months suspension without pay. (READ: Panglao Mayor suspended, faces graft charge for hiring losing candidates)

Vice Mayor Pedro Fuertes assumed office immediately. 

When 2018 opened, Montero was unable to return to office. Fuertes refused to vacate the mayor’s seat despite a directive from the Department of the Interior and Local Government (DILG), arguing that it lacked legal support. 

But the tug-of-war continued. (READ: Spreading ‘humor’ is economic sabotage – Bohol mayor’s memo)

Last June, the Court of Appeals released a decision that reinstated Montero as mayor of Panglao. This was supported by a DILG Region VII Memorandum dated October 27, 2018, which pushed for the “immediate implementation of the CA decision against Mayor Leonila P. Montero of Panglao, Bohol.”

How does Panglao’s politicking affect tourism and waste management programs? 

A lot, said Brother Miloy Bulilan of the Holy Name University (HNU). Bulilan specializes in tourism studies and has a doctorate in International Development. HNU is the biggest private school in Tagbilaran City.

“The LGU's (local government unit's) role is big in managing tourism and its attached social problems. LGUs should release policies to process, regulate, and control activities of independent tour operators,” he said. 

“Policies impact building permits, training, and managing waste. Otherwise, the system will be in disarray and people will just do what benefits them,” Bulilan added.

The political fiesta has also sidetracked other issues in strengthening the local waste management system and its environment efforts. During the one-year political tug-of-war, Panglao delayed appointing a Municipal Environment and Natural Resources Officer (MENRO) to coordinate the efforts of the local offices with provincial interventions.

Mayor Fuertes refused to be interviewed for this series.

Tripod of solutions but weak political will

Solving problems on waste is a tripod, said Dr. Federico Ticong, sociology department chair from HNU. Three factors need to be actively involved: the local government unit, national laws, and civil society organizations (CSO).

All these elements were present, yet shaky, in Panglao.

There is a national law on managing solid waste and it has been adapted, yet the system is overwhelmed by the volume of trash generated by tourism establishments. Panglao lacks strong CSO movements.

Ticong said there are numerous organizations and associations in Bohol that push for environment conservation but there is no powerful local lobbyist on solid waste management. Some fierce environmentalists of the past, said Ticong, have now been hired by big hotels and resorts.

“There is also the concern of how educated our local leaders are in sustainable tourism development, which includes waste management, and of course, how sincere they are,” Ticong said. “The municipality should enforce its powers against violators. It’s not enough that violators are being fined.”

LGUs also decry the lack of resources in their failure to adapt solid waste management measures. But Engineer Eligio Ildefonso of the National Solid Waste Management Commission (NSWMC) of the Department of Environment and Natural Resources (DENR) does not buy that.

“We don’t believe them because they (LGUs) receive IRA (Internal Revenue Allotments). They should allot resources for waste management,” Ildefonso said. “It’s not true that they don’t have money. Magsara na ang bangko pero ang LGU may pera,” he added. (LGUs will still have money even when banks close down.)

According to Ildefonso, the solution to the garbage problem hounding Panglao’s beaches boils down to one phrase: political will.

“The bottomline is political will, it’s just that waste management is not a priority for them,” Ildefonso said. “They (local officials) don’t want to touch on proper and strict waste management because they think it will lessen the votes.”

Additionally, local officials also fear the ire of investors. 

Boy* who works at the municipality pointed out that Panglao values investors and this priority enabled businesses to circumvent rules like operating without adequate licenses and permits. 

“I think it always boils down to the local chief executive. If they lack political will…Regardless of how persistent we are, if they lack political will, then there’s nothing we can do,” Boy said. 

“In my experience… there’s some political will but it’s half-baked… depends on their pleasure. They are afraid that if they are strict, the investors will stop investing here.” – Rappler.com

*Names were withheld upon request.

This story is part of a series on tourism and waste management in the Philippines, and was supported by Intranews’ Earth Journalism Network (EJN).

Claim: The United Nations has confirmed that the “dilawans” (yellows) have used the rehabilitation funds for Super Typhoon Yolanda victims in their party's election campaigns.

“Dilawan” is a derogatory term used to refer to the followers of the Liberal Party which uses yellow as campaign color.

The blog topreader.online posted the claim in the last week of October. It was published on Facebook on October 29 and was detected by Facebook’s Claim Check dashboard on October 30.

The post was shared 5 times in different Facebook pages and groups. All of these accounted for a combined total 2,583 interactions and 465,514 followers.

The claim was also sent by a reader for checking.

Rating: FALSE

The facts: There is no such report from the UN.

In the humanitarian response plan by the UN Office for the Coordination of Humanitarian Affairs (UN OCHA) for Typhoon Yolanda, there is no mention of the rehabilitation funds being used for election campaigning.

UN OCHA is “part of the United Nations Secretariat responsible for bringing together humanitarian actors to ensure a coherent response to emergencies.”

There are also no reports from the UN or its sub-offices supporting the claim.

Meanwhile, the post embedded a Facebook video uploaded by page “Agila ng Pilipinas” on October 7. The video is an excerpt of an August 5, 2015 TV Patrol report on the criticisms of the Noynoy Aquino administration regarding the Yolanda rehabilitation funds.

The first criticism was supposedly from the UN asking the government where the funds for Typhoon Yolanda rehabilitation are, given the 20,000 still homeless families in 2014, a year after the typhoon hit. The organization also said in 2014 that only 20% of the funding provided has been used to rebuild homes.

The second was the Catholic Church’s alleged concern about some of the rehabilitation funds supposedly having been used for vote-buying in the 2016 national elections. In the TV report, the Church compared the 3,000 homes they had built compared to the government’s 2,000. (READ: How to fact-check reports during disasters)

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Rappler has also fact-checked a similar claim saying an ex-Liberal Party congressman had bought an Alabang mansion using the same funds.

Both the blog topreader.online and page “Agila ng Pilipinas” post a mix of anti-opposition and pro-administration posts.

Similar to previous dubious blogs and websites that Rappler has checked, the blog newsanchor.info also does not have a company profile, article byline, editorial board, and contact information. — Miguel Imperial/Rappler.com

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

Claim: A photo circulated in social media of President Rodrigo Duterte “monitoring areas expected to be hit by Typhoon Rosita.”

The Facebook page "Kasama sa Pagbabago" posted the photo on October 31, 2018. The post garnered 470 reactions, 27 comments, and 161 shares.

The claim was sent by a reader.

Rating: MIXED

The facts: It is the wrong photo.

The photo is actually Duterte checking the aftermath in some areas of Cagayan Valley of Typhoon Ompong during a situation briefing at the Cagayan Provincial Capitol in Tuguegarao City on September 16. It was taken by Karl Norman Alonzo for the Presidential Communications Operations Office (PCOO).

The photo was published in Philstar, UNTV, and Metro Cebu.

It was also published by PCOO on their Twitter account.

{source}<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Pres. Duterte presides over a situation briefing with the members of his cabinet and local government officials in Tuguegarao City on September 16, 2018 to discuss the disaster response measures on the aftermath of Typhoon &#39;Ompong.&#39; <a href="https://twitter.com/hashtag/OmpongPH?src=hash&amp;ref_src=twsrc%5Etfw">#OmpongPH</a> <a href="https://t.co/i8vbAvkeB0">pic.twitter.com/i8vbAvkeB0</a></p>&mdash; Presidential Comm (@pcoogov) <a href="https://twitter.com/pcoogov/status/1041553567906070528?ref_src=twsrc%5Etfw">September 17, 2018</a></blockquote>

<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

{/source}

Nonetheless, despite the wrong photo, Duterte was reportedly briefed on Typhoon Rosita. The onslaught of Rosita led to the two-day closure of Cauayan Airport in Isabela due to structural damages. (READ: IN PHOTOS: Typhoon Rosita's onslaught in Isabela)

The caption of the Facebook post was a word-for-word copy of a GMA News report published on October 29 with the headline, “President Duterte closely monitors areas expected to be hit by Typhoon Rosita – Palace.”

Duterte himself said in his speech during former Foreign Secretary Alan Peter Cayetano’s birthday celebration on October 28 that he will “be there” during typhoons like Rosita. He also told the Commission on Audit to make it easier for local government units to use post-typhoon funds.

Rappler has previously checked similar Facebook posts where a wrong photo was used.

Among them were two posts using a wrong photo of the housing projects in Marawi which are actually a container-type housing in Japan and a stock photo of a townhouse in the United States.

There was also a claim which used supposedly showed the relief operations for Typhoon Ompong, but it turns out it is a 2011 photo of the post-Typhoon Lando relief operations. (READ: How to fact-check reports during disasters)

Similar to Facebook pages Rappler has checked, Kasama sa Pagbabago’s content is mostly pro-administration and anti-opposition. — Miguel Imperial/Rappler.com

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

MANILA, Philippines – Seven senators of the 17th Congress are eyeing reelection in 2019.

Six of them are administration senators: former Senate president Aquilino Pimentel III, senators Joseph Victor Ejercito, Juan Edgardo Angara, Grace Poe, Nancy Binay, and Cynthia Villar. Only Senator Paolo Benigno Aquino IV is part of the minority bloc.

Four of them are running under the administration banner of either PDP-Laban or Davao City Mayor Sara Duterte’s Hugpong ng Pagbabago: Pimentel, Ejercito, Angara, and Villar. 

Binay is running under the United Nationalist Alliance, the party founded by her father, former vice president Jejomar Binay, while Poe is running as an independent candidate. Aquino is on the opposition slate.

Check how the 7 senators voted on key issues and legislations during their current term. Based on data obtained by Rappler, Senator Villar voted in favor of the administration in all the issues presented in the article. The other 6 senators, including key ally Pimentel, voted against the administration’s agenda at some point. (READ: Where do 2019 senatorial bets stand on key national issues?)

Tax Reform for Acceleration and Inclusion (Train) Law

This is the most significant and controversial legislation pushed by President Rodrigo Duterte. It initially promised higher revenue and income for middle-income Filipinos in exchange for more expensive fuel. The law, however, is among those blamed for high inflation. (READ: Duterte's tax reform: More take-home pay, higher fuel and auto taxes)

With Filipinos reeling from the high prices of basic goods, the Train Law is expected to be among the key issues during the 2019 campaign. (READ: Higher inflation: Is Train to blame?)

Of all reelectionist senators, only Aquino voted against it during the ratification of the bicameral conference committee report. The other oppositors included senators Panfilo Lacson, Risa Hontiveros, and Antonio Trillanes IV.

In Aquino’s explanation of vote, he questioned the law’s effect on poor Filipinos. While he said 6 million Filipinos would benefit from it, he cited Department of Finance studies showing 40% of Filipinos would carry the brunt of the tax reform because of the price increases.

The rest of the reelectionists – Angara, Binay, Ejercito, Poe, Villar, and Pimentel – voted yes, with Angara sponsoring the measure as chairman of the Senate committee on ways and means. Pimentel also filed a measure similar to the proposal of the Department of Finance.

With public backlash, many senators, including Ejercito, who earlier voted for the bill’s approval, are now calling for its suspension.

Poe and Villar defended their Train Law vote when they filed their certificates of candidacy (COC).

“This is not all Train Law's fault. Traders also took advantage of the situation, of the law to raise their prices…. It’s a lesson learned. We will be guided in the future that when we project inflation, we should not only consider real things, but also the bad things that are happening here,” Villar told reporters in a mix of Filipino and English.

“We supported the Train Law because the President said the government needed funds. They said there will also be mitigating measures for the poorest Filipinos, but the problem is they collected the money but the assistance for them was not given quickly,” Poe said in an interview.

Angara has remained quiet on the law, which he shepherded in the chamber. He, however, said that Train 2 or the Trabaho Bill will likely have a hard time in the Senate. It is expected, as no candidate would want to impose higher taxes during an election season.

Resolution against a hero’s burial for Marcos

In November 2016, the Senate rejected the resolution authored by Hontiveros opposing the hero’s burial for the late dictator Ferdinand Marcos. The resolution failed because it lacked the votes needed.

Among the 7 reelectionist senators, only 3 voted in favor of the resolution: Pimentel, Aquino, and Poe. Villar opposed the measure while Angara and Binay abstained.

Senator Binay’s father was a victim of Martial Law and was among the human rights activists then. Poe, for her part, ran as president in 2016 and was welcomed by the Marcos family in Ilocos Norte.

Resolution vs Sereno ouster via a quo warranto petition

On May 17, 2018, 14 senators filed a resolution calling on the Supreme Court to review its decision granting the quo warranto petition and ousting Chief Justice Maria Lourdes Sereno.

The resolution, citing the 1987 Constitution, said the SC decision “sets a dangerous precedent that transgresses the exclusive powers of the legislative branch to initiate, try, and decide all cases of impeachment.”

Of the 7 reelectionist senators, 4 signed the resolution: Pimentel, Poe, Angara, and Aquino,

Binay, Ejercito, and Villar either did not sign the resolution or were unable to do so.

The Senate has so far not voted on the resolution, as the measure remains pending on second reading.

Resolution requiring Senate concurrence on treaty withdrawals

In 2017, 14 senators filed a resolution declaring that the Senate has a say in the termination of any treaty or international agreement. The filing came after President Rodrigo Duterte himself declared intentions to scrap the Philippines-US Visiting Forces Agreement and to withdraw from the International Criminal Court (ICC).

It was principally authored by then-Senate president pro-tempore Franklin Drilon but was signed by 13 other senators as co-authors.

Among the reelectionist senators, only 3 signed it: Aquino, Angara, and Ejercito.

Binay, Poe, Pimentel, and Villar either did not sign it or were unable to do so.

Until now, the Senate has yet to decide on the measure after it was effectively blocked by neophyte Senator Manny Pacquiao, a staunch ally of Duterte.

It was this failure to adopt the resolution that ties the hands of senators on Duterte’s withdrawal from the ICC. The treaty, approved in 2011, did not include a provision mandating Senate's concurrence in the termination of the agreement.

In a move seen to counter this, the current Senate began inserting such provision in treaties and agreements it approved during the 17th Congress, starting with the Asian Infrastructure Investment Bank agreement. This, however, does not cover old treaties, such as the ICC.

Martial law extension in Mindanao

On December 13, 2017, the Senate voted 14-4 to extend President Rodrigo Duterte’s martial law in Mindanao for one year or until December 2018.

Aquino was the only reelectionist senator who voted against it.

Angara, Binay, Ejercito, Poe, and Pimentel voted in favor of the extension. Villar was present during the joint session, but she was not able to cast her vote. Then-Senate majority leader Vicente Sotto III said Villar “would have voted yes.”

United on non-controversial, popular issues

While the senators eyeing reelection might have voted differently on controversial measures, they voted the same on popular and less divisive issues, such as:

1. Bangsomoro Organic Law
2. National ID System
3. Universal health care bill
4. Safe Streets and Public Spaces Act of 2017 (bill vs catcalling, street harassment)
5. Telecommuting Act (work-from-home bill)

In the case of the laws on free tuition in state universities and colleges and on free-wifi in public spaces, Angara and Pimentel were unable to vote.

Angara, however, was a co-sponsor of the free tuition bill, while Pimentel, who was Senate president at the time, supported both bills, which were pushed by Malacañang in its priority legislative agenda. – Rappler.com

MANILA, Philippines – For most Filipinos, pets are considered a part of the family. They usually come in the form of bantays or munings, but they could also be birds, mice, and other household friendly animals.

Their life spans, however, are much shorter than humans. The Philippine Animal Welfare Society (PAWS) said that pets, like people, also deserve a dignified burial.

There are a number of ways to honor the lives of departed furry friends. Here is a list of places where owners can send off and remember their beloved pets just in time for Undas.

PAWS Shelter

• Location: Katipunan Valley, Quezon City

While there is no official “cemetery” in the center, PAWS has converted a portion of their yard into a mass grave where deceased pets can be buried as long as the pet did not die from a contagious disease.

Tombstones and markers are not allowed at the burial site, but owners can choose to get a tile at the PAWS Animal Rehabilitation Center (PARC) Memorial Wall for a fee to remember their pets by. The memorial is also open to anyone who seeks a place to remember departed pets.

Pet Valley Park and Crematory

• Location: Silang, Cavite

Pet Valley Park offers burial and cremation services for pets that are fairly similar to regular human services. From caskets to urns, this 5,000-square-meter pet cemetery gives owners the full service to make the send-off smooth.

After burial, they give out fur samples and paw prints to remember pets by. They are open for visitation this All Souls' Day.

Noah's Ark Pet Columbaria

• Location: Tagaytay City, Cavite

Noah’s Ark aims to give deceased pets a “peaceful resting place on earth.” Set in Paradizoo, a local animal theme park in Tagaytay, this pet columbarium has more than 4,000 vaults reserved for the ashes and bones of deceased dogs, cats, and other pocket pets.

For every vault purchased, proceeds are donated to animal rights groups such as PAWS, Strike Animal Welfare Society, and Compassion and Responsibility for Animals (CARA) Welfare Philippines.

Rainbow Bridge Pet Aftercare Services

• Location: Cubao, Quezon City

Rainbow Bridge is a cremation center that offers pick-up and drop-off services for those outside Metro Manila. They also cater to deceased animals aside from cats and dogs.

Aside from burial and cremation, pet owners can also bring home keepsakes in the form of photos and customized paperweights. For those who want to keep their companions even closer, owners can opt to keep the pet’s ashes or fur inside keepsake jewelries upon request.

Taxidermist Philippines

• Location: Tandang Sora, Quezon City

For those who want to preserve their pet’s memory as well as its physical, lifelike form, taxidermy is the way to go. Taxidermy is the process of preserving an animal’s deceased body through stuffing.

Taxidermist Philippines offers cleaning and preservation services for all types of animals. They were the artists who stuffed the remains of Lolong, the world’s biggest crocodile in captivity, for display in the National Museum.

St Francis Animal Clinic

• Location: Visayas Avenue, Quezon City

This veterinary clinic not only offers grooming and medical services for pets, but also mass burial and crematory services. They also give keepsake boxes complete with the pet’s photo and paw print mold.

Like PAWS, St Francis Animal Clinic does not allow visitations at the burial site.

Vets in Practice Animal Hospital

• Location: Mandaluyong City

Vets in Practice offers cremation services to give pets a dignified send-off. For the living, this clinic offers a wide array of medical diagnostics, as well as therapy, grooming, and boarding services for animals. – Rappler.com

MANILA, Philippines – On the first day of November every year, people across the globe make their way to cemeteries and churches to pay their respects to loved ones who have died.

All Saints’ Day traditions have been passed on from generations, and almost every country has a unique way of celebrating the holiday. Some countries hold festivals, while people in other countries dress up in colorful costumes – all done to honor the dead.

Here is a brief look at unique ways All Saints’ Day and All Souls’ Day are celebrated around the world.

Philippines

Filipinos in the predominantly Catholic country often celebrate All Saints’ Day or Undas by gathering with relatives and visiting the graves their dearly departed. For some, Undas is observed as a 3-day celebration from October 31 to November 2.

During this time, cemeteries are often packed with people toting flowers, candles, and food to remember the dead. Graves are cleaned up and repainted. Masses are held for the departed souls. (READ: How other religions in PH observe Undas)

Spain

Much like the Philippines, the Spanish community also spends All Saints’ Day by paying a visit to the graves of loved ones and offering flowers and candles.

In northen Spain, people celebrate the castañada– a celebration characterized by fire and chestnuts. This celebration was done to commemorate the dead, whose spirits are believed to return to the homes of their loved ones during the feast.

Poland

All Saints Day is considered a solemn tradition in Poland where families gather and honor the dead by leaving flowers and food at their graves. Ancient Slavic traditions like the Dziady or Forefather’s Eve are also observed by offering treats to restless souls for atonement for their sins.

Another tradition commonly observed is the baking of the bread of the dead, marked with a cross, meant to be shared with priests or left at graves to appease the spirits.

Mexico

Mexicans celebrate Día de los Muertos (Day of the Dead), which is rooted in ancient Aztec customs, to remember their departed loved ones. The tradition is rooted in the belief that the souls of deceased children and adults reunite with their families during the first two days of November.

On these days, families set up colorful ofrenda or altars filled with their deceased loved ones’ photos and favorite food, as well as pan de muerto– a bread especially prepared for the celebration.

Perhaps the most famous symbols of Día de los Muertos are the stylized skulls and skeletons that decorate the neighborhoods. Mexicans, both young and old, also dress up and paint their faces with skeleton-like features as they make their way to cemeteries.

Guatemala

Aside from visiting tombs and offering prayers, Guatemalans celebrate the Giant Kite Festival where rice paper kites of different colors, shapes, and sizes are flown. This tradition stems from the cultural belief that families can communicate with the deceased through the kites.

Guatemalans also prepare a special dish called El Fiambre, a mix of vegetables, meat, fish, sausages, eggs, and cheeses with a special dressing. This meal often takes about two days to prepare, and is shared among families during gatherings.

Austria

In Austria, godfathers give out braided yeast breads called Allerheiligenstriezel to their godchildren on All Saints' Day. This Austrian tradition originated from an ancient funeral practice where women cut off their hair, which is usually braided, as a sign of mourning when a loved one dies.

Haiti

In a mix of traditional Catholic and Voodoo customs, Haitians celebrates Fet Gede, or Feast of the Dead or Festival of the Ancestors. The celebration begins with a pilgrimage to the Grand Cemetery in Port-au-Prince to honor the dead. Through rituals, music, and dance, they remember the ancient spirits of Baron Semedi and Papa Gede, the cemetery’s guardian and the souls’ messenger, respectively. – Rappler.com

Claim:A photo posted on the Facebook group “SARAH DUTERTE FOR PRESIDENT MOVEMENT” shows US President Donald Trump holding a sign that supports Davao City Mayor Sara Duterte.

The sign that Trump is holding reads: “Sara Duterte, the next Philippines president 2022.” Above the sign is a cut-off phrase which includes the words "no records" and "corruption" that seem to pertain to Duterte.

The caption says, “YES… OUR FUTURE PRESIDENT, ATTY. MAYOR INDAY SARA DUTERTE.”

The photo was posted on the Facebook group on Sunday, October 28, by user Zumyang Notauc. The photo has 229 shares as of posting.

Rating: FALSE

Facts:The photo in the Facebook post is a manipulated version of a photo by Getty Images photographer Spencer Platt, which was taken in September 2015 in New York City.

In Platt’s original photo, Trump was holding up a pledge to support the Republican nominee in the 2016 US elections, not a sign supporting the Davao City mayor.

This was discovered through a reverse Google image search, which yielded a result that read “Donald Trump will not run as third-party candidate, signs RNC loyalty pledge.” After googling similar keywords and studying photos from the event, Rappler found the closest match to the shared photo was that of Platts’, shown below.

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Sara Duterte is eyeing a mayoral seat* in the 2019 elections. She has not voiced out plans for running for president in 2022, though there are rumors that she plans to do so. Her father, current President Rodrigo Duterte, has also said that he wants her to follow in his footsteps.

Duterte has also been accused of corruption in the past, though she has never been arrested for the allegations. In February, Senator Antonio Trillanes IV filed for a Senate investigation into President Duterte and Sara Duterte’s supposed violations of the Anti-Money Laundering Act.

In May, the Commission on Audit (COA) questioned the Davao City local government’s irregular expenses. But Duterte said that those irregularities have already been addressed and resolved. – Vernise L Tantuco/Rappler.com

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

*Editor's Note: An earlier version of this story mistakenly said Sara Duterte is eyeing a seat in the House of Representatives. This has been corrected. She is running for mayor.

MANILA, Philippines – For millions of Filipinos, the fast-approaching 2019 midterm elections present the chance to elect new lawmakers. For more than a hundred of them, however, it’s also an opportunity to be voted to office themselves.

When the Commission on Elections (Comelec) received certificates of candidacy (COC) from October 11 to17, 152 individuals filed their applications to run for the 12 available Senate seats.

This is how they look like: 

1. Over 80% of Senate hopefuls are male.

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Among those who filed their COCs for senator, 130 out of 152 were male, comprising about 86% of the roster. Only 22 individuals or about 14% were female.

In past elections, men also comprised majority of those seeking public office. (READ: [OPINION] Much has to be done to have more elected women)

In the 2016 elections, for instance, 142 of the 172 individuals who were senatorial aspirants were men. Prior to that, Comelec records also showed that in the 6 election years – from 1998 to 2013 – there were more men than women who participated and won the elections. (IN NUMBERS: Women in PH politics)

But does this mean women have no shot at winning? Not quite, if survey results are to be believed.

Pulse Asia’s September 2018 Ulat ng Bayan survey on the 2019 senatorial elections showed that while women may be outnumbered by men, the top 5 seats in the Senate would still be won by women were elections held early in October.

Such was also the case for previous rounds of the survey conducted by Pulse Asia since the beginning of the year, as reelectionist senators Grace Poe, Cynthia Villar, and Nancy Binay, and Taguig City Representative Pia Cayetano were mainstays in the “Magic 12” or winners’ circle.

2. The average age of those who filed COCs for senator is 58.76 years old.

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The 1987 Constitution says natural born citizens of the Philippines may run for senator if they are at least 35 years old by voting day. Data showed that over a third of candidates were already well above the minimum age.

Of the 152 people who filed, 53 were senior citizens, while about 95 of them were 35 to 59 years old. The ages of 4 senate bets were not availble. 

The oldest of the candidates is former Senate minority leader Juan Ponce Enrile, who decided to run for public office again at the age of 94.

Enrile has been a public figure for 4 decades. He was defense minister of dictator Ferdinand Marcos, and first became senator in 1987.

“Who knows? I might outlive the others who are in the Senate today. I’m not saying that I’m immortal, but only God knows,” he said, telling reporters he hoped he could reach 110.

Data also showed that majority of those who filed were married. Of the 152 senate hopefuls, 98 said they were married, 10 widowed, 39 single, while 5 did not indicate their civil status. 

3. Less than 20% of applicants have previous experience in public office.

Twenty-nine candidates said they had worked for the government before filing their COC. (READ: 13 Senate campaign virgins spice up 2019 elections)

Previous experience included those who were former senators, congressmen, Cabinet secretaries, political advisers, or local officials. 

They are the following:

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Previously holding public office makes for the top “profession” of COC filers for senator.

Among them are 7 reelctionist senators, current and former members of the House of Representatives, and former Cabinet secretaries and heads of government agencies, or members of government bodies like the Bangsamoro Transition Commission or the Consultative Committee to Review the 1987 Constitution. (READ: Where do 2019 senatorial bets stand on key national issues?)

Apart from serving as public officials, the following top 5 profession among those who filed were:

• Businessman
• Lawyer
• Media practitioner
• Engineer
• Self-employed

4. Over 50% of Senate bets are running as independents.

While there may be strength in numbers and political parties, most of those who are running for senator filed as independents. Seventy-nine out of 152 people said they were not nominated by any group and will be aiming for a Senate seat on their own.

In contrast, 73 other candidates said they were running as part of a political party. For the 2019 midterm elections, a total of 22 parties and organizations nominated bets for the senatorial race: 

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Notable independent candidates so far include reelectionist senator Grace Poe and former senator Serge Osmeña.

Other independents include the “colourful” bets, some of whom claim to be kings and princesses or the ex-husband of Kris Aquino and ex-boyfriend of Mocha Uson.

At times, independent bets are also private citizens who run for public office in an attempt to bring their ideas on how to improve public services to the table. (READ: Seniors bid for Senate seats to address environmental, transport problems)

Though many of these aspirants may not even see their names on the ballot – the Comelec has started accepting petitions for cancellation of COCs – the poll body urges the public to give nominees a chance to defend their bids for public office. (READ: Why Comelec entertains 'habitual' nuisance bets)

Aspiring for public office is, after all, a political right. – Rappler.com

MANILA, Philippines – Associate Justice Estela Perlas Bernabe is one of the Supreme Court justices who can't be characterized solely on the basis of her vote. She votes for a result, often with a nuance.

It’s what makes her unpredictable, and to some, objective. It’s also why Justice Bernabe easily breaks typical stereotypes of justices of the High Court.

Bernabe's voting record comes under scrutiny as the Judicial and Bar Council (JBC) vets her and 4 other incument justices for the chief justice post. 

For one, she has voted against former president Benigno “Noynoy” Aquino IIII, the one who appointed her, and on key cases in his administration at that. She voted against the Enhanced Defense Cooperation Agreement (EDCA) and the Disbursement Acceleration Program (DAP).

Bernabe also breaks the notion that career jurists will tend to vote in favor of the bureaucracy; that they will most likely respect the discretion of elected bodies.

Bernabe is memorable for two ponencias that dealt a great blow to this bureaucracy. She wrote the decision that declared the pork barrel system unconstitutional, and the decision that abandoned the politician’s favorite condonation doctrine.

“She is a career jurist, went through all the courts, from the MTC (Metropolitan Trial Court) upwards, and therefore you would think that she would be beholden to the executive branch, but again, no. She has decided cases as she has seen them, she calls it as she sees it, she has written majorities, she has written unanimous decisions against the executive, for example,” said former Supreme Court Spokesperson Ted Te.

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Nuanced concurrences

For critics of the Duterte administration, Bernabe wouldn’t pass as their easy favorite.

She concurred in the decision that acquitted Gloria Macapagal Arroyo of plunder, and in the landmark decision that declared martial law in Mindanao constitutional.

But one would have to read her separate opinions to appreciate the nuances of her concurrences.

For example, the Arroyo acquittal, written by Associate Justice Lucas Bersamin, is criticized by some in the judiciary as enabling impunity for raising the standards of plunder too high.

For one, it introduced the principle of a main plunderer, a legal doctrine that eventually helped Jinggoy Estrada get bail, and continues to be used by other plunder defendants like Janet Lim Napoles.

The principle says that for a crime of plunder to be established, a main plunderer has to be identified. 

Because none was identified in the P365-million Philippine Charity Sweepstakes Office (PCSO) intelligence fund scam, the Bersamin ponencia says the P365 million must then be evenly divided into 10, the number of the accused. The quotient is P36 million, which is below the plunder threshold of P50 million.

Bernabe, however, dissented to the main plunderer principle, saying that the law does not say anything about main plunderers.

“It is of no moment that the main plunderer was not identified on the face of the Information. Contrary to the ponencia's stand, the identification of a main plunderer is not a constitutive element of the crime of plunder,” Bernabe categorically says in her separate concurring and dissenting opinion. 

When the Supreme Court upheld Duterte’s martial law in Mindanao, it also gave the President almost absolute discretion in determining whether there is an actual case of rebellion to merit a proclamation.

"The President only needs to convince himself that there is probable cause or evidence showing that more likely than not a rebellion was committed or is being committed. To require him to satisfy a higher standard of proof would restrict the exercise of his emergency powers," said the ponencia written by Associate Justice Mariano del Castillo.

Bernabe recognized that the Court “carries no technical competence” to assess a president’s factual basis, but she disagreed that “the Court does not need to satisfy itself that the President's decision is correct.”

“Our deference to the President must be circumscribed within the bounds of truth and reason. Otherwise, our constitutional authority to check the President's power to impose martial law would amount to nothing but an empty and futile exercise,” said Bernabe in her separate opinion.

She added: “The Court should always ask itself whether or not the President's call to impose martial law in a certain territory is rationally commensurate to the needs of the public. For after all, the dangers to society's well-being, both actual and perceived, are what justify the imposition of martial law.”

Cases of powerful interests

Bernabe was unpredictable in most high-profile cases, but based on a review of key SC decisions from 2006 to the present, Bernabe did show a tendency to favor powerful interests.

In 2018, Bernabe concurred in two high-profile decisions that favored powerful interests – the Philippine Airlines (PAL) retrenchment case and the estafa case of Globe Asiatique (GA) owner Delfin Lee.

The PAL decision was a flip-flop for the Supreme Court as it reversed two previous decisions of two divisions in 2008 and 2009. Even the ponente – Justice Bersamin – flip-flopped. 

Associate Justice Marvic Leonen slammed the decision as a highly irregular resurrection of the case, and said that “the actions of the majority of this Court en banc creates an ominous cloud that will besmirch our legitimacy.”

Part of that majority was Bernabe, but she did not write a separate opinion to explain her vote.

She did, however, explain her vote in the Delfin Lee case. 

The SC majority downgraded the charges of Lee from syndicated estafa to simple estafa in a case of defrauding Pag-ibig home funds contributors of P6.6 billion. 

One of the elements of syndicated estafa under Presidential Decree No. 1689 is that more than 5 people should have conspired. But in the Lee case, the 5th member – the lawyer who notarized the affidavits – was excluded as a co-conspirator, leading the SC to say there is no case for syndicated estafa. 

Leonen, one of the dissenters, said that the justices should realize that if the Court was to be heavily dependent on the number of people charged, without looking at possibilities that some co-conspirators may be unidentified or even at large, then “a cabal of scammers can then nominally exclude one of their ilk from their organized vehicle and already be beyond Presidential Decree No. 1689.”

Bernabe did believe that the syndicate was run by at least 5 individuals. It was for another reason that she voted to downgrade the charges.

The 3rd and last element of syndicated estafa is that the fraud should have “resulted in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperatives, ‘samahang nayons’ or farmers associations or of funds solicited by corporations/associations from the general public. "

“After a careful study of this case, I find the third element to be lacking,” said Bernabe.

Focusing on the element that the defrauding must be done against the “general public,” Bernabe said “it is undoubted that the private complainant is HDMF (Home Development Mutual Fund or Pag-ibig); not the general public who claim to have been defrauded through the use of any juridical entity.”

“Therefore, respondents cannot be indicted for syndicated estafa,” said Bernabe.

Another dissenter, Senior Associate Justice Antonio Carpio, opposed that view. As Carpio explained, the third element is clearly present because it required “funds solicited by corporations/associations from the general public.”

“In short, the PAG-IBIG Fund consists of monetary contributions solicited from the general public by HDMF, which is indisputably a corporate entity,” said Carpio.

Leonen said that the decision ignored the “devious” agency of Lee, and “placed a primacy on technicality at the expense of the essence of Presidential Decree No. 1689.”

Collegial justice

Whether you agree with her votes or not, Bernabe is definitely a justice to watch out for.

In the Court, Leonen said Bernabe is respected because of her collegial virtues. Even the lower courts down to their staff accord her that respect.

“She is able to accommodate a lot of points of view and that is also a mark of a good leader, I would say that those are the things that the Court looks forward to,” said Leonen. 

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MANILA, Philippines – Marawi breathed a sigh of relief when, finally, a groundbreaking ceremony was held on Tuesday, October 30, marking the beginning of reconstruction of the 250-hectare swath left devastated by war.

It took more than a year after the city’s liberation from Maute Group and Abu Sayyaf forces for government to officially announce the start of rehabilitation.

For 12 months, ruins remained ruins. The sickle moon of Marawi’s mosques watched over darkened shells of what were once bright homes and busy thoroughfares. Residents of the so-called Most Affected Area (MMA) endured the “pain of uncertainty,” not knowing whether they would get their lives back, in the words of city mayor Majul Gandamra.

Up to the last minute, uncertainty also shrouded the groundbreaking ceremony itself.  

After at least 4 postponements, the much-awaited event was slated for October 17, a date imbued with meaning as it marked the one year anniversary of the city’s liberation. President Rodrigo Duterte, however, could not make it that day, so it was moved to October 31. 

But only 4 days before the ceremony, Malacañang told organizers Duterte again could not make it. So they scrambled to hold the ceremony a day earlier, on October 30.

Why did it take the national government a year to begin reconstruction? Rappler found that government agencies' ill-founded insistence on using the joint venture model to lock down a developer for the rehabilitation was the biggest factor that led to unnecessary delays.

Malacañang issued an executive order to help Task Force Bangon Marawi (TFBM), the group of agencies in charge of rehabilitation, seal a joint venture agreement  faster. EO 49 authorized the National Housing Authority (NHA), the procuring entity for Marawi rehabilitation, to be exempted from existing joint venture guidelines and be allowed to craft its own guidelines. 

TFBM chairperson Eduardo del Rosario, chairman of the Housing and Urban Development Coordinating Council (HUDCC), told Rappler that it was the Bases Conversion and Development Authority (BCDA) that suggested a joint venture agreement for the Marawi rehabilitation.

“It was BCDA’s advice, being faster in procurement and implementation,” he said. 

Months later, government finance experts and lawyers explained to Malacañang and TFBM that a joint venture agreement is not applicable to many aspects of the rehabilitation plan. 

The task force initially stuck to its guns but conceded after a few months, as it reconsidered its strategy. 

Here’s what happened. 

Duterte champions ‘Swiss Challenge’

A joint venture agreement (JVA) was largely considered as a way to legally skirt the requirement that government must bid out projects to qualified contractors – a process that, in Del Rosario’s view, takes too long.

Three months after Del Rosario was named rehabilitation czar, Duterte publicly expressed aversion to public bidding.

“I will just tell COA to huwag na tayo mag-bidding. Puta, ‘pag mag-bidding ganoon din. Mas lalo nang matagal (Let’s not do bidding. When there is bidding, it’s the same. It will take longer),” Duterte said on January 27.

Bidding is required in our procurement law, save for special instances. When the government wants to carry out a project but lacks the capability to do it, it makes an open call for interested firms to bid for it. The firm that promises to fulfill the project specifications for the lowest price wins.

This is different from a JVA, Malacañang’s and TFBM’s preferred mode for Marawi rehabilitation.

In a JVA, the government and a private entity both shell out funds for a project expected to turn out a profit. They then share in the risks or rewards of the venture. 

The government’s Public-Private Partnership (PPP) Center says under a JVA, the government and the private sector “jointly undertake an investment activity (which is eventually transferred to private sector under competitive market conditions).” 

The Palace and TFBM wanted to choose a private entity to enter into a JVA for the rebuilding of Marawi structures. The private entity’s proposed plan and price would then be subjected to a Swiss Challenge – when the government allows other firms to present a proposal to challenge that of the original firm.

It was also Duterte who first voiced preference for a Swiss Challenge.

“Henceforth, all projects of the Philippines would be something like a Swiss Challenge.... I’m telling everybody. I’m telling Congress, COA, and the Supreme Court, that policy of lowest bid dragged us into corruption,” he said on January 27. 

Del Rosario denied Duterte ever gave him instructions to pursue a JVA for the entire Marawi project.

"PRRD does not interfere in government transactions such as this," he told Rappler in a message.

But only 9 days after Duterte expressed preference for a Swiss Challenge mode, he signed EO 49 exempting the NHA from JVA guidelines issued by the National Economic and Development Authority (NEDA) in 2005. A Swiss Challenge is an “inherent process in a JVA,” said Del Rosario.

The NHA would be the government agency that would sign contracts with private entities. The NHA is under Del Rosario’s HUDCC.

In the next two months, TFBM would hold talks with private firms forming the Bangon Marawi Consortium (BMC). The BMC was composed of 5 Chinese companies and 4 Filipino companies with experience in real estate development, construction, and power generation.

They were selected over 5 other interested entities. The task force, backed by Malacañang, was eager to sign a JVA with the consortium that would cover all aspects of rehabilitation. 

The idea was to award all 22 components of Marawi rehabilitation as a package to just one private entity. This would speed up the rehabilitation as government would only be talking to one entity and the firms would be set up in a way that allowed easy coordination.

In early April, TFBM would disclose the companies behind BMC and spend the entire month consulting with Marawi residents and the local government on the consortium’s plan for the city.

Illustrations of the BMC’s plan for the new Marawi central hub showed tree-lined walkways in between gleaming glass buildings, green expanses surrounding a newly-built grand mosque, concrete promenades along Agus River, and even a resort-looking “cove retreat.”

These illustrations were supposed to have been presented to the public on May 4 so that firms interested in challenging the BMC as proponent for the rehabilitation would know what they were up against.

A few weeks were to be allotted for the government to accept competing proposals before they were to award the contract on May 30.

Unfortunately, this timeline never came to be as TFBM announced it was not yet done negotiating with BMC. 

Opposition to joint venture

On May 16, NHA board members met to discuss the JVA. The NHA board is composed of department secretaries represented by undersecretaries or assistant secretaries. Executive Secretary Salvador Medialdea was represented by Deputy Executive Secretary for Legal Affairs Ryan Alvin Acosta. 

During the meeting, former government corporate counsel Rudolf Jurado supposedly told the board that a JVA cannot be used for Marawi rehabilitation since the project is not a commercial venture meant to generate profit.

According to an official present in the meeting, it was explained that the scheme envisioned by Del Rosario did not fit the definition of a JVA.

Del Rosario thought that, in a JVA, the government would partner with a private entity who would then shell out all the funds to rebuild Marawi. Government would then only pay the private entity upon completion of the project.

In an August 17 press conference, Del Rosario recalled telling naysayers: “Bakit gusto pa natin iyong ibang modality, let’s say negotiated procurement na ang bayad tayo magpi-finance kaagad? Samantalang sa joint venture agreement, ang developer ang magpo-provide ng lahat ng pondo at babayaran natin sa huli using a buy-out option?” 

(Why do you want another modality, let’s say negotiated procurement where we put up funds right away? While in a joint venture agreement, the developer provides the funds and we pay them at the end [of the process] using a buy-out option?)

Contrary to Del Rosario’s view, a JVA requires both the government and private entity to shell out funds at the start of the project. Del Rosario’s definition of JVA involves paying the private entity which, to Jurado, is plain and simple procurement.

Jurado had told the board that if they push through with the JVA, they could be charged for violating the procurement law. Del Rosario admitted he was told this.

"The other members told me that if we will do that, I might be charged in court.... But we have to do everything by the books. I don't want to violate, but at the end of the day, it's the people of Task Force Bangon Marawi who might get cases, maybe after the term of the President," he said on August 17. 

Acosta was supposedly shocked when told a JVA was not applicable to the project. He argued that going for a JVA is legal, citing Duterte’s EO 49.

Officials in the meeting invoked the President’s stance, saying Duterte was opposed to public bidding and wanted a Swiss Challenge. 

But Jurado’s position was eventually backed by both the Department of Finance and the PPP Center.

“When the negotiation with the first developer was almost concluded, OGCC, PPP Center, and DOF raised concerns about the legality of JVA as a procurement modality considering that not all components in the MAA rehabilitation are income-generating and thus not all components may be covered by JVA,” HUDCC Undersecretary Falconi Millar told Rappler.

TFBM officials were understandably agitated since this roadblock popped up so late in the game, when they were about to finalize a deal with BMC.

Three days after the NHA board meeting, Duterte said in Cebu that “maybe I'll fire the corporate [counsel] tomorrow.” A week later, he did fire Jurado, accusing him of “granting a franchise” to the Aurora Pacific Economic Zone (Apeco), which Jurado had denied.

Fighting for joint venture

For 4 months, from May to August,  TFBM "fought hard" for a JVA, in the words of Millar.

He said they tried to reason that a JVA is applicable considering that the 22 rehabilitation components – ranging from road expansion to building a convention center – “the non-income generating components may be deemed to be essential components in the development and thus may be considered under the JVA.”

In other words, they insisted that the non-income generating aspects of the rehabilitation plan were critical to the income-generating aspects and so could, all together, be treated as a package covered by a JVA.

Then, in the midst of these long debates, on June 27, the 7-member Bangon Marawi Selection Committee (BMSC), the group in charge of choosing private entity partners, announced that BMC was disqualified for failing to meet the deadline for financial and legal requirements. BMC had also failed to meet an earlier deadline, May 25, for the requirements. This pushed back the task force's timeline yet again.

Still, in the months that followed, Del Rosario insisted on a JVA, convinced it was the fastest way to implement rehabilitation.

But by August, he would concede that a JVA was not applicable to all rehabilitation components and agreed that it would only be done for the income-generating components. Thus, TFBM would unbundle the 22 components instead of treating them as a single package to be awarded to just one private entity. 

“Since not all projects in the Marawi rehabilitation can be considered as profit-generating activity, then we have to separate that, and we are now doing the separation,” Del Rosario said on August 17.

Those components not considered income-generating could be awarded through either negotiated procurement or build-operate-transfer (BOT) arrangement, said the PPP Center. But the BOT mode could take 20 months so Del Rosario expressed preference for negotiated procurement.

Under the Republic Act 9184 or the Government Procurement Reform Act, negotiated procurement is a procurement method where the “procuring entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant.” It doesn’t involve a Swiss Challenge.

Because negotiated procurement leaves room for a supplier to bloat the price of the contract, given the absence of bidding, this method can only be used under “extraordinary circumstances,” says the law.

Such circumstances include when “time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities.”

This would appear to cover the Marawi siege which caused widespread destruction of public utilities and infrastructure, disruption of public services, and agonizing months of waiting for displaced residents. 

By August, BMSC was already negotiating with the second developer, Beijing-based Power Construction Corporation of China or PowerChina.

When talks with PowerChina were in the final stages, the PPP Center issued its recommendation that negotiated procurement would be the method of procurement for the non-income-generating Marawi rehabilitation components. 

And so the NHA Board decided to start negotiated procurement for the first 5 rehabilitation components – debris clearing and management, road infrastructure with underground facilities, road expansion, acquisition of road right of way, and master development plan with feasibility study. 

It began by awarding the P75-million contract for the first component (debris clearing and management) to FINMAT International Resources, Incorporated (FIRI), that supposedly had been PowerChina’s local partner.

'New concept'

By the time Del Rosario took the stage at the October 30 groundbreaking ceremony, he announced the task force had come up with a “new concept.”

“Wala na tayong (We no longer have a) concept of total rehabilitation. What we will do is the local contractors will be included in the total rehabilitation. Seventy-five percent of the total rehabilitation will be done by local, if not all of it,” he said.

Eleven components would be opened to Mindanao firms  and, that day, Del Rosario met with some of them.  

Asked if PowerChina would still be involved, he said: “If they will qualify in other sub-projects in the convention center, why not? If their presentation is good.”

Of the 22 Marawi rehabilitation components, 14 will be procured through negotiated procurement while 8 may be implemented through a joint venture agreement, according to Millar.

It took TFBM some 5 months to concede that the BCDA’s suggested JVA mode for the entirety of Marawi rehabilitation is illegal. But even more time would have been saved if the JVA mode was ruled out in the first place for the non-income-generating components. Negotiated procurement for immediate needs, like debris clearing, could have begun much earlier.

The many meetings and discussions with potential developers, from May to October, were all premised on a JVA for the entire Marawi rehabilitation.

It’s also clear that TFBM officials' insistence on a JVA was at least partly influenced by Duterte’s aversion to public bidding and that Del Rosario, ever the good soldier, fought tooth and nail for it. 

Millar recalled “marathon meetings” while Del Rosario said he presented 3 times to “justify my case of having a joint venture agreement,” which led to “long debates.” 

Del Rosario was convinced a JVA was the fastest way to do the rehabilitation and he was eager to get started because of the growing frustration of the Marawi residents and the general public. There was no way Marawi rehabilitation would become another Yolanda.

“How I wish iyong desire ng mga Maranaos na magsimula na ang rehabilitation, ang dami nang batikos sa amin, bakit daw napakabagal. Sabi ko nga kung ako lang masusunod, last May pa nagsimula ‘yan,” he said.

(How I wish we could fulfill the desire of the Maranaos to start the rehabilitation. There are so many criticisms against us, why is it taking so long. I said, if it were up to me, we would have started last May.)

“Kung minsan nahiya na akong humarap sa Cabinet at magbrief kay Presidente because of that delay (I am sometimes embarrassed to face the Cabinet to brief the President because of that delay). Pero (But) we have to do everything by the books,” he continued. 

Military men don’t ‘debate’

Duterte often likes to say he appoints former military men to Cabinet positions because of their discipline, action-orientedness, and professionalism. But there’s one characteristic in particular that he values – obedience.

Calling military personnel “utility boys,” Duterte contrasted them to argumentantive civilians in government whom he blamed for slowing down the bureaucracy.

“Susmaryosep, debatihin ka pa (Jesus, they even debate with you). That’s what they do. They debate with you and day after tomorrow, nandiyan na naman, daldal naman, daldal, daldal, daldal (they’re there again, talking, talking, talking),” he said in a Palace event on October 9.

In a speech in Cagayan de Oro on October 31, Duterte praised Del Rosario, a retired military general, for the pace of Marawi rehabilitation. 

“Would the project in Marawi have been done so quickly if I hadn’t assigned Del Rosario? He’s a military man who was also assigned in Davao,” said Duterte.

But it was Del Rosario’s well-intentioned determination to stick with the Palace-backed JVA that, in the end, contributed to delays in the awarding of contracts for Marawi rehabilitation. 

Del Rosario eventually gave in to the insistence of civilian members of the bureaucracy – finance officials and lawyers – that shortcuts could not be made at the expense of laws, however cumbersome they may be. – Rappler.com

Claim: Aside from the Dalian trains, the MRT3 will use new trains from Japan.

The Facebook page “PilipiKnow’s” posted the claim on November 2. It garnered minimal engagement on Facebook.

The post included a screenshot of another page, “Modernize the Philippines,” sharing an article from taxial.com entitled, “Commuters to experience ‘brand new’ MRT3 by Japan –DOTr.”

Its caption praised President Rodrigo Duterte for the “brand new” Japanese trains. It also asked readers not to vote for Liberal Party candidates in the 2019 elections.

Rating: FALSE

The facts: There are no new trains from Japan, only a funded rehabilitation for MRT3.

“There’s no truth to that. That’s not even part of any discussion,” Department of Transportation (DOTr) communications director Goddess Libiran told Rappler.

The taxial.com article, which was the source of the Facebook post of PilipiKnow's, is based on a November 2 GMA News article about the MRT3 rehabilitation – “Expect ‘brand new’ MRT3 after Japan-funded rehab, says DOTr exec.”

DOTr Undersecretary for Railways Timothy Batan said in an interview on GMA News TV's News to Go that after the rehab, commuters can expect a “brand new” MRT3. The taxial.com article, however, ran with a headline different from the GMA News article.

More accurately, the "brand new" MRT3 will be experienced after the Japan-funded rehabilitation. It's not true that the MRT3 trains were by manufactured by or came from Japan.

On October 27, the MRT3 deployed the first batch of trains from Chinese state-owned firm Dalian Locomotive. These were bought in June 2013 as part of the MRT-3 Capacity Expansion Project. Due to weight incompatibility issues, the trains were parked until a July 2018 audit declared them fit for use.

Meanwhile, the Japan-funded MRT3 rehabilitation is part of an P18-billion loan from the Japanese government. The Philippine and Japanese governments are scheduled to sign the contract on Wednesday, November 7.

According to the National Economic Development Authority, the rehabilitation will “increase the number of trainsets in operation from 15 to 18 trainsets per hour, increase the maximum speed to 60 kilometers per hour, and decrease headway to 200 seconds.”

The DOTr project “is part of the agency’s strategy for restoring, upgrading, and regularly maintaining the MRT 3 over the long term.”

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This is not the first false claim we fact checked regarding the MRT3 expansion project. Rappler has checked a claim saying Duterte has acquired 48 “brand new trains” for MRT3 in less than a year.

Similar to Facebook pages Rappler has checked, Pilipiknow’s content is mostly pro-administration and anti-opposition. — Miguel Imperial/Rappler.com

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

MANILA, Philippines – The government aims to name this November the 3rd major telecommunications player and shake up the duopoly of Smart and Globe. 

The next player must commit to the Highest Committed Level of Service (HCLoS) specified in the Terms of Reference (TOR).

The following companies bought bidding documents worth P1 million and are likely to participate in the bidding: 

China Telecommunications Corporation

2017 net income: $18.1 billion

China Telecom is the 3rd largest telecommunications provider in China. It is publicly listed in the Hong Kong Stock Exchange and the United States’ New York Stock Exchange.

According to the company's website, they have about 250 million subscribers. It ranked 174th in the Forbes Global 2000 list, a ranking based on a composite ranking on sales, profit, assets, and market value.

President Rodrigo Duterte initially preferred the company to be the 3rd telco player and wanted it to operate in the 1st quarter of 2018. However, the government eventually opened the doors to other players.

Telenor

2017 net income: $13.4 billion

Telenor is a Norwegian multinational telecommunications company and operates in Scandinavia, Eastern Europe, and Asia.

The company says it has over 172 million customers worldwide and boasts assets in mobile, broadband, and TV services. 

Telenor was founded in 1855 and builds on over 160 years of telecom experience.

The company has yet to disclose its local partner.

Mobiltel Holding GmbH

2017 net income: $5 billion

The NTC announced that an Austria-based company called Mobiltel Holding GmbH bought bid documents. However, a Google search indicated that the company is now called A1 Telekom, which has a separate entity called A1 Telekom Austria Group.

The company website says that the company is listed on the Vienna Stock Exchange and has over 24 million customers.

A1 Telekom has operations in Austria, Bulgaria, Croatia, Slovenia, Belarus, Serbia, and Macedonia.

Other than communications, the company also offers payment, entertainment services, and integrated business solutions.

NOW Telecom

NOW Corp 2017 net income: $130,000

NOW Telecom is a subsidiary of publicly-listed firm NOW Corporation. (WATCH: Rappler Talk: NOW Telecom's bid for 3rd telco slot)

The company specializes in providing broadband connectivity of large and medium enterprises, government organizations, residential buildings, and special economic zones.

NOW Corporation’s 2017 net income stood at P6.7 million or just under $130,000.

Both companies filed a case against the NTC over the TOR’s alleged “money-making” schemes. They also called the selection process “anti-Filipino.”

Despite the complaints, they said they will still be bidding for the 3rd telco slot.

LCS Group of Companies and TierOne

Former Ilocos Sur Governor Chavit Singson’s namesake company, the Luis Chavit Singson (LCS) Group banded with Mindanao-based internet provider TierOne Communications to bid for the 3rd telco slot.

The LCS Group comprises a diverse array of companies, one of which is Gracia Telecom. It caters to customers in Singson’s stronghold in Ilocos Sur. (WATCH: Rappler Talk: Chavit Singson’s bid for the 3rd telco slot)

TierOne has 17 more consortium partners to solidify their bid. Each company has its own specialization, ranging from mobile services, solar energy, software development, to advertising.

The consortium has a combined annual revenue of $3.1 billion.

TierOne aims to roll out over 50,000 cell sites nationwide. 

The LCS Group-TierOne tandem is banking on a broadband satellite for a nationwide reach, and promises the cheapest rates.

PT&T

2017 net income: -$505,176

The Philippine Telegraph & Telephone Corporation is a diversified telecommunications entity which caters to corporate, small/medium business, and residential segments.

PT&T listed on the Philippine Stock Exchange (PSE) in 1990, but requested voluntary suspension of trading last December 13, 2004. Its shares closed at P0.33 a piece.

The company aimed to resume trading of some 800 million common shares in the local bourse this year, but plans have not yet been realized.

Its fiber optic network spans to over 1,000 kilometers and serves customers in the Greater Manila Area, northern and Southern Luzon, and Cebu.

Udenna Corporation

Net income as of 2014: $15.5 million

Attached listed firms:

• Phoenix Petroleum 2017 net income: $37.6 million
• Chelsea Logistics 2017 net income: $3 million

Davao-based tycoon Dennis Uy’s shopping spree for companies and portfolio expansion continue in the telco space through his holding firm Udenna Corporation.

Incorporated in 2002, it is among the fastest growing holding companies in the Philippines. It is in the business of distribution and retail of petroleum products and lubricants of Phoenix Petroleum.

Udenna is also engaged in shipping and logistics through its wholly-owned subsidiary, Chelsea Logistics Holdings Corporation.

It also has interests in real estate through Udenna Development Corporation (UDEVCO).

Other companies under Udenna Corporation are Udenna Management and Resources Corporation, and Udenna Water and Integrated Services.

Udenna Corporation is poised to complete its backdoor listing in the PSE through ISM Communications via a whopping P72-billion share swap.

The company needs to team up with a local company with a telco franchise to qualify for the bid. They have yet to disclose details on the matter.

Converge ICT

Another Dennis Uy is also eyeing for the 3rd telco slot. 

Converge ICT of the Pampanga-based businessman Dennis Anthony Uy is poised to team up with Korea Telecom (KT) to disrupt the duopoloy of Globe and Smart.

According to their website, Converge ICT offers end-to-end fiber internet network in the country and has other digital consumer-centric services.

The company also has partnerships with international companies like Verizon, Singtel, Telstra, Facebook, Netflix, Google, and Sprint for various services.

Meanwhile, KT serves about 90% of South Korea’s fixed-line subscribers and 45% of high-speed internet users.

KT is listed in the US and raked in some $421 million of net income in 2017 and has total assets worth $27 billion.

AMA Telecommunications Corporation

The subsidiary of AMA Education System, AMA Telecommunications, is reported to have joined forces with Middle Eastern companies for the 3rd telco slot.

The AMA Group is led by businessman Amable Aguiluz V. The companies under the group are mostly related to information technology education.

AMA Telecommunications has no digital footprint but acquired a congressional franchise in 2016.

The company has yet to disclose its foreign partners.

Undisclosed bidder

One mystery company has yet to reveal itself to the public. 

Some speculated that it is the Villar-led company Streamtech Technologies, as it was recently granted a congressional franchise.

However, Streamtech Chair Paolo Villar said they have decided to drop the bid and focus on internal expansion programs and strategies. 

Bidding for the 3rd telco slot will commence on November 7. – Rappler.com

MANILA, Philippines – Though President Rodrigo Duterte denied Chinese national Michael Yang was his economic adviser, records from Malacañang show the Palace entered into two contracts with Yang, giving him the title of "Economic Adviser to the President."

The two contracts, both titled "Contract for Expert and/or Technical Services," were obtained by Rappler from the Malacañang Records Office (MRO) through the Freedom of Information system, on Monday, November 5.

The earlier contract states that Yang, identified in the document by his Chinese name Yang Hong Ming, is "contracted as Economic Adviser to the President for the period January 1, 2018 to June 30, 2018."

A second contract gives Yang this same designation from July 1, 2018 to December 31, 2018.

These documents show that while Duterte denied Yang was his economic adviser, Malacañang in fact even renewed Yang's contract as economic adviser.

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The second contract, which renewed Yang's title, was signed by Yang himself and Executive Secretary Salvador Medialdea only last August 31 – or a little over a month before Duterte's denial.

Duterte denied Yang was his economic adviser during a press conference on October 9, when he said, "Cannot be, because he is a Chinese."

What's in the two contracts? The first contract bears no date when it was signed and when it was notarized. It, however, has the signatures of Yang and then-senior deputy executive secretary Menardo Guevarra. Guevarra is now justice secretary.

The original copy was received by the MRO on March 7, 2018, as indicated by a stamp on the upper left corner of the first page of the document.

It states that Yang, referred to as the "Second Party," has agreed to "devote his technical knowledge, training and skill in the employ of the First Party (Office of the President as represented by Guevarra) as Economic Adviser to the President, in the Office of the President not presently undertaken by any regular personnel of the First Party."

Yang is to be given compensation of "one peso (P1.00) per annum, chargeable against the Maintenance and Other Operating Expenses of the Office of the President."

Yang, states the contract, also "agrees to observe the same decorum as that expected of regular employees and submits to be bound by the Office and Civil Service rules and regulations, and that any violation merits appropriate disciplinary action."

Despite the provision of compensation, the contract states that it "does not create an employer-employee relationship" between Malacañang and Yang.

The second contract is practically identical to the first, except it was Medialdea, not Guevarra, who signed in behalf of Malacañang. It was received by the MRO on September 4.

Both documents identify Yang as a Chinese citizen.

Guevarra, in a text message to Rappler, said "there is no prohibition" against the contract with Yang.

"It's a purely advisory function," he said.

He said he does not recall signing the contract.

Is this legal? The documents sound like a consultancy contract or contract of service, according to a former top government lawyer.

The Government Procurement Reform Act (RA 9184) allows government agencies to hire foreign consultants but requires public bidding for it.

"There is no prohibition for a foreigner to be a consultant to any government agency provided it is reasonable and necessary, following Commission on Audit (COA) rules," former Civil Service Commission chairperson Corazon Alma de Leon said in a message to Rappler.

However, COA rules state that hiring a foreign consultant must be justified. For instance, in 2015, it called out the Department of Trade and Industry for hiring a foreign consultant. The DTI, said COA, should have shown documents proving that no Filipino consultant was capable of providing the services being offered by the foreign national, according to a PhilStar report.

In the Implementing Rules and Regulations of the procurement law, there is such a thing as "highly technical consultant." This refers to individual consultants hired to do work that is "highly technical or proprietary" or is "primarily confidential or policy determining, where trust and confidence are the primary consideration..."

The term of such consultants must be for a maximum of 6 months. Yang's designation as economic adviser was set to last for 6 months in both contracts.

But for Yang to have been tapped as consultant without public bidding, the Bids and Awards Committee (BAC) should have issued an approval based on sufficient justification that the hiring of Yang met specific requirements.

Government Procurement Policy Board guidelines, for instance, state that foreign consultants may be hired "if local consultants do not have the sufficient expertise, capability and capacity to render the services required under the project."

Law professor Tony La Viña, meanwhile, said foreign consultant services are usually tapped by the government on a per-project basis, not for a general role.

Yang's contract with  Malacañang gives him the title of "economic adviser," which is not common for contracts with consultants.

"A consultant for a project, yes [allowed], but not like an overall adviser," said La Viña.

The procurement law defines consulting services this way:

Consulting Services - refer to services for Infrastructure Projects and other types of projects or activities of the Government requiring adequate external technical and professional experts that are beyond the capability and/or capacity of the government to undertake such as, but not limited to: (I) advisory and review services; (ii) pre investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies.

What kind of technical expertise does Yang provide Malacañang that no Filipino can provide? The contracts did not mention this.

Consultant or public officer? But what's clear is the 1987 Constitution requires public officers and appointees to pledge allegiance to it. 

Section 9 of the Constitution states: "All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution."

The Administrative Code also says, "Public officers and employees owe the State and the Constitution allegiance at all times." The code deems Philippine citizenship for public officers as critical, since it adds that "any public officer or employee who seeks to change his citizenship" will be "dealt with by law."

But Yang is a Chinese national and thus likely did not pledge allegiance to the Philippines' charter.

Is Yang a mere consultant or a public officer? His title of economic adviser to Malacañang makes it sound like he belongs to the "Presidential Assistant/Adviser System," which typically covers appointive posts.

For instance, musician and businessman RJ Jacinto is "Presidential Adviser on Economic Affairs and Information Technology Communications." Allen Capuyan is "Presidential Adviser for Indigenous Peoples’ Concerns, and Jose Maria Hernandez is "Presidential Adviser for Southern Tagalog."

All 3 are listed in the Office of the President's directory of officials. All 3 were appointed by Duterte. Yang's name, meanwhile, is not in the OP directory.

Yang, however, uses the Malacañang seal on his calling cards, as Rappler first reported. He also has a lavish Makati office devoted to his role as presidential adviser on economic affairs.

What's the definition of a public officer? RA 3019 (Anti-Graft and Corrupt Practices Act) states that a public officer "includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government."

Yang clearly receives compensation, though just one peso, from Malacañang.

The Revised Penal Code, meanwhile, defines a public officer as, "any person who, by direct provision of law, popular election or appointment by competent authority, takes part in the performance of public functions in the Government of Philippines, or performs in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class."

The Administrative Code defines public officer as a person whose duty "involves the exercise of discretion in the performance of the functions of the government. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, officer includes any government employee, agent or body having authority to do the act or exercise that function."

What Yang's role means for Malacañang independence from foreign influence. Senator Leila de Lima, a fierce critic of the President's, has emphasized the conflict of interest arising from Yang's engagement as economic adviser, given that he is a Chinese citizen.

His supposed appointment puts into question Malacañang's independence from foreign control.

“The independence of the State from foreign control necessitates that the questionable citizenship of a presidential adviser be authenticated, and the nature and scope of his influence over foreign policy be fully disclosed,” she said in an October 19 press release, which also called on the Senate to probe Yang's "official engagement" with the government.

De Lima particularly stressed the need to determine "the extent of his (Yang's) access to sensitive state information," read the press release.

Malacañang's contracts with Yang in fact mention such sensitive information. 

"The Second Party (Yang) is aware of the sensitivity of the information he may have access to and therefore expressly warrants and agrees, that he shall not, during the existence and after the termination of this Contract, disclose or reveal to any authorized person or any other entity, foreign, or local, confidential work-related information gained or entrusted to him by the First Party (Malacañang)," the contracts say. – Rappler.com

Claim: President Benigno Aquino III incurred P4.4 trillion in debt during his term, supposedly a huge "share" of the country's P7.1-trillion debt as of September 2018.

This claim was visualized in a pie chart, which also showed that Aquino's predecessor Gloria Macapagal Arroyo incurred only P2 trillion in debt, while current President Rodrigo Duterte has incurred only P700 billion so far.

The pie chart was circulated and shared on Facebook by some pages and accounts that support the President, including Bistado Pilipinas and Sass Sasot. The pie chart and other similar claims were circulated after Vice President Leni Robredo demanded on October 28 that Duterte explain the country's trillion-peso debt.

Readers emailed these claims to us for verification.

Rating: FALSE

The facts: The way the numbers on the national debt across different administrations was presented in a pie chart is wrong.

As of September 2018, the outstanding cumulative debt of the national government stands at P7.16 trillion. Of the amount, P4.59 trillion is domestic or local debt, while P2.57 trillion is external or foreign debt. The amount does not include P481.3 billion in guaranteed debt, or contingent liabilities handled by government if a state agency fails to pay for its debts on time.

In general terms, a government's outstanding debt consists of the unpaid balance of loans and debt securities – whether domestic or external – explained economist JC Punongbayan. It is best understood as a "running total" of how much the country still owes, he added.

As such, it is inaccurate to show the country's debt as a "share" incurred by each president, as the claim did via a pie chart.

Asked by Rappler about the claim, Punongbayan pointed out that the pie chart only took into account the debt under 3 presidents: Arroyo, Aquino III, and Duterte.

The Bureau of the Treasury has data for the national debt since Corazon Aquino's presidency in 1986, so it is wrong to attribute 100% of the debt to only 3 presidents.

Treasury data shows how much the debt was at the end of each year.

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Comparisons among presidents should show the "net addition" or "net increase" to the debt during their respective terms. "Note that at any point in time, new debt is incurred as old debt gets paid," said Punongbayan.

For instance, in December 2000, the last available data from the Treasury before Arroyo assumed office in January 2001, shows that the government's outstanding actual debt stood at P2.167 trillion. At the end of her term in June 2010, it went up to P4.582 trillion. Thus, the net addition to the debt after Arroyo's 9-year term was P2.416 trillion (rounded off).

(If guaranteed debt is included, the total debt as of December 2000 was P2.649 trillion. In June 2010, it was P5.192 trillion, for a net addition of P2.543 trillion under Arroyo.)

At the end of Aquino's term in June 2016, the outstanding actual debt increased to P5.948 trillion. The net addition to the debt after Aquino's 6-year term was P1.366 trillion.

(Adding guaranteed debt, the total debt as of June 2016 was P6.511 trillion, for a net increase of P1.319 trillion under Aquino.)

With the outstanding debt at P7.160 trillion as of September 2018, the net addition under Duterte's term so far (two years and 3 months) is P1.212 trillion.

(Including guaranteed debt, the total debt as of September 2018 is P7.641 trillion, or a net increase of P1.130 trillion under Duterte's term so far.)

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Punongbayan added that a better tracking of the national debt is through the debt-to-GDP ratio, or the comparison of the debt to the country's income or gross domestic product (GDP). A lower debt-to-GDP ratio suggests that the country has better capacity to pay off its debts.

"Our debt, when compared to the productive capacity of the economy, is actually becoming smaller over time," Punongbayan told Rappler.

In 2017, the actual-debt-to-GDP ratio stood at 42.1%, the same as in 2016 and the lowest ratio since 1986.

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– Michael Bueza/Rappler.com

MANILA, Philippines – A lawyer and TV host who was once newspaper publisher, congressman, and speechwriter to 3 Philippine presidents, Foreign Secretary Teodoro "Teddyboy" Locsin Jr brings a complex persona to the Department of Foreign Affairs (DFA). 

President Rodrigo Duterte's announcement on October 12 that he offered Locsin the post of foreign secretary was thus a pleasant surprise to many, including in the DFA. Locsin took his oath on October 17. 

In his opening salvo before DFA personnel, Locsin showed the way he understands an independent foreign policy, a principle that is enshrined in the Constitution and is now a battlecry of Duterte's government.

"It is not independent foreign policy if you simply switch the master that you are kneeling before. Independent foreign policy means getting off your knees, on your feet, to stand up for our country," Locsin said in his October 31 speech before DFA workers.

Locsin was previously the Philippines' permanent representative to the United Nations, a post he had occupied since April 2017. 

He replaced politician-turned-diplomat Alan Peter Cayetano, who resigned to run for congressman in the 2019 midterm elections. 

'Twitter rockstar'

Locsin is the son of the late journalist Teodoro Locsin Sr, who was detained in the 1970s for criticizing the regime of the late dictator Ferdinand Marcos.

After Marcos was ousted in 1986, Locsin served as speechwriter and legal counsel to President Corazon Aquino, who restored democracy after the Marcos regime.

He was also speechwriter to presidents Joseph Estrada and Gloria Macapagal Arroyo, who belonged to opposing political camps.

Later, Locsin served as Makati 1st district representative from 2001 to 2010. 

He is most recently remembered for hosting the popular ANC segment Teditorial. 

He also airs his views through his Twitter account, @teddyboylocsin, which became controversial after he tweeted in August 2016, "You may find this hard to believe, but the Nazis were not all wrong, give or take killing millions of the wrong people. Keep an open mind." 

Locsin later told CNN Philippines' The Source that he "never made an anti-Semitic" remark against the Jews "as a race." He explained, "What I said was, not everything the Nazis did was wrong. That was partly a private joke."

He then vowed to be more careful with his tweets.

Still, "Twitter rockstar" was how San Juan Representative Ronaldo Zamora described Locsin in December 2016. Zamora was then endorsing the confirmation of Locsin as the Philippines' permanent representative to the UN.

"To millennials, like some of us, he is Twitter's rockstar, the irrepressible uncle of Makati, whose lacerating wit pricks both the ego of the ruler and the conscience of the ruled," Zamora said.

Many hats

In his new assignment, Locsin brings to the table his other experiences in the following roles, based on his profiles on both the DFA and the UN websites: 

• Lawyer at the Angara Abello Concepcion Regala & Cruz Law Offices
• Executive secretary to the late business magnate Don Enrique Zobel in the Bank of the Philippine Islands and Ayala Corporation
• Director of San Miguel Corporation, the United Coconut Planters Bank, the Philippine Long Distance & Telephone Company, Asian Terminals Inc, and STI
• Lecturer at the War College, the Naval Postgraduate School in Monterrey, under Professor Claude Buss, and various international forums
• Publisher of the Philippines Free Press and the newspapers Today and Globe 
  
• Host and co-anchor of TV segment Teditorial and TV shows The Assignment and Points of View
  
• Co-anchor of radio shows Executive Session and Karambola
  
• Editorial writer of the Philippines Free Press
  
• Teacher at the San Beda Graduate School of Law
• At the House of Representatives, co-author of the Anti-Money Laundering Law, the Anti-Terror Law, the Dual Citizenship Act, the Overseas Voting Act, the  Automated Election Law, and other banking laws 

Locsin also holds a master of laws degree from Harvard University.

He is married to Maria Lourdes Barcelon Locsin, and has 4 children.

No warm-up

Locsin is turning 70 on November 15 – the last day of the weeklong ASEAN Summit hosted by Singapore, which he is expected to attend.

That he will spend his 70th birthday this way reinforces how there was, in fact, no warm-up for Locsin as DFA chief.

Shortly after taking his oath on October 17, he went straight to Brussels for the Asia-Europe Meeting from October 18 to 19. He afterwards returned to New York and flew to Manila. Then, from October 28 to 29, he welcomed and met with China's top diplomat, Wang Yi, in Davao City. 

How will he perform as DFA chief? A recent comment by Locsin's predecessor, Alan Peter Cayetano, was telling.

During his birthday party in Davao City on October 28, Cayetano praised Locsin in front of Duterte, other government officials, and that evening's special guest, Chinese Foreign Minister Wang Yi.

"I'm very proud of the new secretary you chose, Mr President, because he is one of my mentors. So this is a unique situation where the mentor replaces the student," the 48-year-old Cayetano said.

"And if you think you lost a good soldier, actually, Mr President, you gained a good general." – Rappler.com

A Singaporean businessman claimed that the Department of Environment and Natural Resources (DENR) is delaying the release of compliance certificates for his travel agency. But is he barking at the wrong tree?

In a letter to Environment Secretary Roy Cimatu, Singaporean businessman Peter Tay said he was "publicly humiliated, physically assaulted, verbally threatened" by DENR Undersecretary Benny Antiporda in a meeting about Boracay businesses.

Tay is the general manager of Boracay Adventures Travel & Tours Inc. He is also a board director of the Boracay Foundation and a liaison officer of consul assistance at the Chinese embassy in Manila. (IN GIFs: What to see in the new Boracay)

The November 2 meeting was called by the Compliant Association of Boracay to discuss banning "commissioners" who illegally deal with tourists for watersports activities. The proposal is to make bookings for watersports activities directly from the hotel or through travel agencies.

During the meeting, a dismayed Tay accused the DENR of killing local tour operators because of the proposal that allows tourists to book the activities through hotels. (LIST: 157 Boracay hotels open by October 26)

He also alleged that Antiporda is delaying his travel agency's compliance certificate – a document that the DENR does not release for this type of business.

"My company is being threatened for the release of the certification [of compliance] for speaking the truth. As a public servant serving the public, there should be courtesy extended and if there are any misunderstanding, proper conversation should be held without humiliating another person," Tay said in a letter dated Monday, November 5.

Tay claimed that Antiporda tried to intimidate him and "held him by the neck of his shirt" during the confrontation.

The businessman urged the DENR to look into the incident and take necessary actions "against a public servant who abused his power."

Tay also filed a complaint with the police at the Malay municipal police station against Antiporda.

Barking at the wrong tree?

In a phone interview with Rappler, Antiporda denied that the DENR was delaying the release of the compliance certificates of Tay's travel agency. He explained that it was the Department of Tourism (DOT) handling travel agency accreditations.

Antiporda said that Tay "humiliated himself" during the November 2 meeting.

"'Yung letter niya na tinreathen ko siya na hindi palalabasin ECC (environmental compliance certificates)? Eh wala sa amin...travel agency 'yan. 'Yung building na inuupahan niya ang may kailangan ng ECC. Siya hindi," he told Rappler.

(His letter saying that I threatened to hold the release of his ECC? But it's not with us, because his is a travel agency. The building where he rents might need an ECC. But his business does not.)

Ahead of the meeting, Antiporda said Tay had reached out to DOT Undersecretary Art Boncato for the supposed ban. The environment undersecretary explained that booking watersports activities will "in no way kill local tour operators" because tourists still have the option to arrange it with travel agencies too.

"Sabi ko kay Usec (Boncato), logic lang kako. (I told Usec, it's only logic.) Coming up with a regulation stopping business? That's not true. He's (Tay) trying to be relevant because he has connections in the government," he said.

Antiporda also denied grabbing Tay by the collar, but he admitted to shoving the businessman and asking him to leave the meeting as tensions rose.

"Very simple. 5'7" ako, siya 5'9" or 5'10". Pa'no ko siya iko-collar? Kinollar ko raw siya. Pero binalya ko siya kasi papalapit siya sa akin. (I'm 5'7", he's 5'9" or 5'10". How will I grab him by the collar? But I shoved him because he approached me)," Antiporda said.

"I told him (Tay), 'Since you cannot understand, you better get out. You wait for your colleagues to finish discussing then maybe you can understand,'" Antiporda said.

The confrontation came amid talks of allowing some watersport activities by registered operators to open shops by November 7.

Antiporda said Cimatu had just received the letter on Tuesday. Unfazed, he will file a case against the businessman too.

"Kakasuhan ko siya. Sukdulan, kahit matanggal ako, ilalaban ko ang DENR at BIATF (Boracay inter-agency task force)," he said. (I will file charges against him. I don't care if I get removed from my post, but I will fight for DENR and BIATF.)

Was there an abuse of power? Or a deliberate attempt to use political connections? Perhaps the courts could answer. – Rappler.com 

He may have dropped out of school due to extreme poverty but it's no hindrance for neophyte Senator Manny Pacquiao to address two of the most prestigious universities in the world.

Pacquiao spoke before students of the Oxford Union on Monday, November 5 (Tuesday, Manila time), and University of Cambridge on Tuesday, November 6 (Wednesday, Manila time).

"I have fought some of the best fighters in history. And yet I have to admit, as I stand before you, I am intimidated when I think of the kind of main event headliners who faced you over the years: Sir Winston Churchill, American Presidents (Ronald) Reagan, (Richard) Nixon, and (Jimmy) Carter, Mother Teresa, the Dalai Lama,and Sir Elton John,” said Pacquiao in Oxford.

Pacquiao said he thought of what he would say to the students of the two of the best learning institutions in the world. He said he ultimately decided to tell them about his education in the "university of life."

The senator recounted his rags-to-riches story in front of the students. Pacquiao, who quit school and tried his luck in boxing, finished high school in 2007 through the Department of Education’s Alternative Learning System.

“I am a fighter and I will always be a fighter not just because this is my profession. All my life I have fought to live…I have fought for survival,” Pacquiao told Oxford students.

"Miracles do happen. Dreams do come true…You, with your education, determination, and faith, you can change the world," he added.

In Cambridge, the senator said: “I have not experienced how it is to pursue a degree like a regular university student. My circumstances were very different from yours. But I did not allow these circumstances to limit me… I continue to learn from the University called life.”

“I was born into poverty. There is a Filipino metaphor that goes “mas mahirap pa sa daga,” which translates to “more destitute than a rat.” From a very young age, I had to struggle daily to survive. I fought hard. I faltered. I failed. Many times. But I learned to rise again each time I fell. Each setback became a platform for a comeback,” he said.

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font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:550; line-height:18px;"> View this post on Instagram</div></div><div style="padding: 12.5% 0;"></div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"><div> <div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"></div> <div style="background-color: #F4F4F4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"></div> <div style="background-color: #F4F4F4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"></div></div><div style="margin-left: 8px;"> <div style=" background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"></div> <div style=" width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg)"></div></div><div style="margin-left: auto;"> <div style=" width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"></div> <div style=" background-color: #F4F4F4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"></div> <div style=" width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"></div></div></div></a> <p style=" margin:8px 0 0 0; padding:0 4px;"> <a href="https://www.instagram.com/p/Bp1az3ZHrOX/?utm_source=ig_embed&amp;utm_medium=loading" 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">I am very proud of you, babe! Continue to inspire people.  Praying for you always! Glory to God! (He was very grateful and honored to be able to speak for the students of Oxford University, the oldest and most prestigious university in the Uk.  #blessedwifehere #continuetoinspire #Godiswithyoualways #aboutyesterday</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/jinkeepacquiao/?utm_source=ig_embed&amp;utm_medium=loading" style=" color:#c9c8cd; font-family:Arial,sans-serif; font-size:14px; font-style:normal; font-weight:normal; line-height:17px;" target="_blank"> jinkeepacquiao</a> (@jinkeepacquiao) on <time style=" font-family:Arial,sans-serif; font-size:14px; line-height:17px;" datetime="2018-11-06T09:57:26+00:00">Nov 6, 2018 at 1:57am PST</time></p></div></blockquote> <script async src="//www.instagram.com/embed.js"></script>

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In 2010, Pacquiao ran and won for the lone congressional seat of Sarangani province. He ran unopposed in 2013 for a second term. Many of Pacquiao's relatives have since joined politics as well.

In 2016, he ran for the Senate and won. He is currently the chairman of the Senate committees on sports, public works, and ethics.

He is a known ally of President Rodrigo Duterte and has repeatedly defended the latter’s policies, including the bloody war on drugs, against critics. Pacquiao was also criticized for his conservative stand on lesbians, gays, bisexuals, and transgenders (LGBTs). (READ: Pacquiao: Couples in same-sex unions ‘worse than animals’)

When asked who wrote his speech, Pacquiao's media staff replied, "Staff." – Rappler.com

MANILA, Philippines – At a time when misinformation can spread with the click of a button, it's important to know how to spot a real news report as opposed to a fake one.

One kind of false news report is the "death hoax," which claims that certain people are dead, even though they're not. These reports focus on well-known personalities like celebrities, politicians, and sometimes, internet-famous people whose videos or stories have gone viral.

For example, Christine Estepa, a prosecutor who was caught on video arguing with a traffic enforcer in August, was said to be shot dead in her house in Caloocan City days after the altercation. This was not true.

The links to the websites that circulated on social media had the same features that many other sites with hoax content have:

• A video that plays for a few seconds, then asks you to share the content before you can watch the rest
• A website and URL that was not the official website and URL of a legitimate media outlet
• No list of editorial staff or their contact details

A Google search of the details found in the false videos will show that it was a different fiscal who died in Caloocan City, not Estepa.

Before you share a piece of news, be wary of videos that ask you to share before you can watch the whole report, videos that are not from their original source, websites that are not legitimate, and names, dates, and locations that seem inconsistent with other reports.

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

MANILA, Philippines – May bagong fare matrix ba ang jeep na sinasakyan mo?

Kamakailan, inaprubahan ng Land Transportation Franchising and Regulatory Board (LTFRB) ang dagdag na P2 sa minimum fare ng mga dyip, mula sa P8 ito ngayo'y P10 na.

Ayon sa mga opisyal, tanging ang mga dyip na may bagong fare matrix na nagsasabing P10 na ang pamasahe ay ang siya lamang puwedeng maningil nito.

Hindi pa lahat ng mga operator at drayber ng dyip ay may mga fare matrix dahil sa namamahalan pa raw ang ibang magproseso nito.

Ayon sa LTFRB, wala pa sa 4,000 na mga dyip ang may bagong fare matrix. Sa bilang na ito, 500 ang galing sa Central Office, 1,500 mula sa Metro Manila, 1,039 sa Gitnang Luzon, at 956 sa Timog Katagalugan.

Bakit kinakailangan ng bagong fare matrix?

Ang fare matrix ay gabay para sa mga pasahero upang malaman kung tama ba ang singil sa kanila ng mga drayber.

Ito ay opisyal na dokumento mula sa LTFRB na nagsasaad pag-apruba ng tamang pasahe at singil sa kada kilometro ng biyahe.

Makikita rin dito ang plaka at official registration number ng sasakyan, at lagda ng LTFRB upang malaman na ito ay may lehitimong prangkisa.

Paano nakakakuha ng fare matrix?

Kinakailangang magtungo ang mga drayber at operator sa LTFRB kung saan nakarehistro ang prangkisa nila para kumuha ng request form.

Pagkatapos sagutan ang form, kailangang magbayad ng P510 para sa tinatawag na "rate increase" at P10 kada prangkisa. P50 naman ang bayad para sa bawa't kopya ng fare matrix kada isang dyip.

Halimbawa, kung operator ka na may 10 dyip, kinakailangan mong magbayad ng P520 at dagdag na P500 para sa mga fare matrix.

Noon, kinakailangang magbayad ng dagdag na P40 para sa pag-verify ng mga prangkisa. Pinatanggal ito ni LTFRB Chairman Martin Delgra III nitong Nobyembre.

Bakit may singil para makakuha ng fare matrix?

Ang paniningil sa pagpo-proseso ng bagong fare matrix ay alinsunod sa Department Order No. 2001-82.

Isinasaad ng batas na ito na lahat ng makokolekta ng LTFRB ay mapupunta sa National Treasury, parte ng mga kita ng gobyerno.

Sabi ni Delgra, kanila ring pag-aaralan ang mga singil na nakasaad sa DO 2001-82, dahil matandang batas na ito. – Rappler.com

Bookmark this page to watch and join the discussion live on Friday, November 9, at 3 pm!

MANILA, Philippines – President Rodrigo Duterte has already gone through 3 Bureau of Customs (BOC) chiefs despite being less than halfway through his 6-year term. 

Leadership changes, however, are not unique to the Duterte administration. Among all presidents, it is only Fidel Ramos who kept one Customs comissioner throughout his presidential term. (FAST FACTS: Changing leaders at the Bureau of Customs)

On Friday, November 9, Rappler editor-at-large Marites Vitug sits down with former Customs commissioner Guillermo Parayno Jr – the only BOC chief that lasted 6 years and served under the Ramos administration – to discuss the reforms implemented and lessons he learned at the agency notorious for corruption controversies.

Parayno, who led Customs from 1992 to 1998, is considered its longest serving chief since 1986. 

What makes him different from the rest? What reforms did he implement during his term? Join the discussion on Friday at 3 pm. – Rappler.com