Friday, December 27, 2019

Retards in the Government 134

It's your weekly compendium of foolishness and corruption in the Philippine government. 


https://newsinfo.inquirer.net/1203899/ca-restores-murder-case-vs-ex-palawan-gov-in-gerry-ortega-slay
The Court of Appeals (CA) has revived the murder charge against former Palawan Governor Mario Joel Reyes over the 2011 killing of broadcaster-environmentalist Gerry Ortega. 
In its 17-page amended decision dated November 28, the appellate court also ordered a Palawan court to issue a warrant of arrest against Reyes. 
Reyes and his brother, former Coron town mayor Mario Reyes, were among the primary accused in the death of Ortega, who was shot and killed by a lone assailant while shopping in a used-clothing store in Puerto Princesa City in 2011. 
The former Palawan governor was released from jail in January 2018, after the CA ruled to stop of the trial due to lack of evidence. 
However, the latest CA decision, penned by Associate Justice Marie Christine Azcarraga-Jacob, set aside its January 2018 ruling, reinstating the case and directing the Palawan Regional Trial Court (RTC) to issue a warrant of arrest against Reyes. 
In issuing the decision, Azcarraga-Jacob argued that it was too early for the Court to decide whether or not there was enough evidence to pursue the trial. 
“Thus, the proper course of action is not to dismiss the case but to proceed to trial. The Court, at this particular stage of the proceedings, cannot arrogate upon itself the task of dwelling on factual and evidentiary matters,” the decision reads.
First the CA says there is not enough evidence to go to trial.  Now they say it is too early to decide if there is not enough evidence and it's best to go to trial!  The flip-flopping of justice in the Philippines.


https://newsinfo.inquirer.net/1203795/probe-sought-on-secret-pact-between-cadiz-water-district-and-villar-group
A former Negros Occidental congressman is asking President Duterte and the Ombudsman to investigate what he calls a “very anomalous” and “secretive” contract entered into by the Cadiz City Water District (CCWD) and PrimeWater Infrastructure Corp. of the Villar group. 
“I am having my legal consultants look into the possibility of also filing cases against those involved, before the Ombudsman,” said former second district representative Manuel Puey on Thursday. 
“I will use whatever resources I have to uncover whatever anomaly exists,” Puey added. 
Puey, a resident of Cadiz City, said what he found very anomalous was that the agreement “was so secretive nobody knew anything about it.” 
On Wednesday, he demanded a meeting with the officers of PrimeWater and CCWD, and among those present were the water district’s general manager Jesus Pedro Zaldarriaga, chairman of the board Sergio “Acute” Tabanao, and director Angelo Vargas. 
Puey said he did not know the contents of the contract since it was not made public during the meeting. No bidding was also conducted, he said. 
He said the CCWD officials intimated that they entered into a service contract, but no details were provided. 
“The water district officials are accountable to the people and should disclose what was contained in the contract they signed with PrimeWater,” Puey said.
The Villar Group is owned by Manule Villar who is the husband of Senator Cynthia Villar.  The Villars are oligarchs.  Since Duterte is against oligarch it would only seem to reason that he would go after them but in this case it is a former Congressman who has vowed to investigate this anomalous contract.

Go admitted that the President is having difficulty in choosing the next PNP chief as all candidates are qualified. 
Duterte is not looking for the best one, but the most honest one, Go added. 
(All the candidates are qualified. The President is having a hard time choosing. He is looking for the almost perfect candidate, the most honest.)
They say a good man is hard to find.  In the Philippines an honest public servant is impossible to find!

https://newsinfo.inquirer.net/1204996/57-cebu-city-employees-tested-positive-for-illegal-drug-use
The number of Cebu City Hall employees found positive for illegal drug use has reached 57. 
Jonah John Rodriguez, head of the Cebu City Office of Substance Abuse Prevention (Cosap), said 56 employees tested positive for methamphetamine hydrochloride or shabu while one tested positive for marijuana. 
The random drug test was conducted by the Cosap since Nov. 11. 
Rodriguez said they have submitted the results of the drug test to a laboratory in Manila for confirmation, as well as to the City Legal Office. 
“These employees will be called to the city legal office, and it is up to the city legal office what to do with them,” he said.
That's 57 people who will soon be out of a job.

https://newsinfo.inquirer.net/1205154/bucor-workers-asks-duterte-to-fire-chief-for-corruption
In an open letter, unidentified and “concerned BuCor officials and employees” have called on President Duterte to fire Gerald Bantag for committing “other forms of graft and corrupt practices in the highest order,” citing instances in which he allegedly abused his authority. 
“This will be your greatest Christmas gift to BuCor, Mr. President, Sir!” they said. 
In particular, the group said they felt offended by Bantag’s “sweeping generalization” that “95 percent” of the around 31,000 BuCor officials and employees were corrupt, “without any bases or facts to support it.” 
According to them, during staff meetings, Bantag “keeps on cursing BuCor officials and employees and displays unprofessional and unethical conduct.” 
“Let it be known that the BuCor officials and employees fully support the changes that DG Bantag is undertaking. But equally, we resist and condemn the wanton violations that he committed and is continuously committing in carrying out said changes,” they said. 
Asked for comment, Col. Gabriel Chaclag, BuCor spokesperson, said they “would look into the group’s claims” although he dismissed the open letter as being written by “disgruntled [BuCor] officers who were relieved from their posts.” 
“The mere fact that they did not identify themselves make their claims questionable,” he stressed.
The BuCor chief accuses BuCor officials and employees of being corrupt and an anonymous group of BuCor employees accuses the BuCor Chief of being corrupt. The circle of life?
https://www.pna.gov.ph/articles/1089462

Unidentified gunmen riding on a motorbike ambushed Tuesday Vice Mayor Akmad M. Ampatuan of Shariff Aguak, Maguindanao, police said. 
Technical Sgt. Omar Dirangaren, Shariff Aguak police desk officer, said Ampatuan, the father of Shariff Aguak Mayor Marop Ampatuan, was on board a red Toyota Innova(LFT-737) heading home from the town hall when the suspects opened fire around 1 p.m. along the national highway in Barangay Poblacion. 
Attempted assassination on a Vice Mayor by motorcycle assassins.

A police chief and his driver were killed during an ambush by armed men past 6 p.m. Monday Pagayawan town, Lanao del Sur, an official said. 
Lanao del Sur police director, Col. Madzgani Mukaram, identified the police officer as Executive Master Sgt. Amen Lucman Macalangan, the police chief of Binidayan town, while the driver is identified as Ramel Pangcatan. 
Murakam said their two companions on the vehicle--police non-uniform personnel Asliah Adiong and another police, Patrolman Nasser Arafat-- were unhurt. 
Mukaram said the victims were returning to Binidayan from a weekly oversight meeting at the provincial police headquarters in Marawi City when they were waylaid. 
Ignes said few days after Macalangan was assigned as officer-in-charge of the Binidayan town police, the latter had sought help from the military after he received threats that his police station would be harassed because of the smuggled cigarettes and illegal logs the police had seized.
Police Chief assassinated likely because he confiscated smuggled cigarettes and illegal logs. 
https://www.pna.gov.ph/articles/1089475
A rookie police officer and his friend died in a shooting incident during a drinking and videoke session in Victorias City, Negros Occidental on Christmas Eve. 
Police identified the fatalities as Patrolman Dionel Lutao, a member of the Regional Mobile Force Battalion - Western Visayas Reconnaissance Company; and James Karl Sernal, both 26. 
Lt. Col. Mary Rose Pico, chief of the Victorias City Police Station, said witnesses told investigators that during the group’s get-together in a friend’s residence at about 8:05 p.m. on Tuesday, Lutao’s firearm went off, hitting Sernal in the process. 
Lutao then went outside, was heard firing his gun three times, and was found sprawled on the ground bloodied. 
“There was no exchange of words, argument, fight or commotion,” Pico said in a radio interview. 
Sernal’s body was still undergoing autopsy and post-mortem examination, but an initial report indicated that he was hit in the mouth. 
“So far, based on our investigation, nobody can tell how it happened. Nobody has seen how the gun was fired that led to the situation,” Pico said.
This is a rather strange case but the fact is this cop should not have been at a videoke bar and drinking while in possession of his gun. What was he thinking!?


https://www.pna.gov.ph/articles/1089372
A personnel of the Bureau of Fire Protection (BFP) here died while another was wounded after they stabbed each other following the station’s Christmas party that ended around 2 a.m. on Monday. 
The fatality was identified as Isaac Cabana and the wounded, Cornelio Silva, who both have the rank of Fire Officer 3. 
Initial police investigation showed the two firefighters remained at the venue, just in front of the city fire station on San Juan Street, Barangay 8, after the celebration ended. 
Maj. Sherlock Gabana, chief of Police Station 2, said Cabana sustained a wound in the neck and was declared dead at a hospital. 
Silva is being treated for abdomen and back wounds, he added. 
Gabana said their other colleagues saw them “hugging” each other, and then found the two already injured.
Whatever happened alcohol was probably involved. I don't know for sure but I would imagine firefighters are not allowed to consume alcohol at the station. What if a call comes in and they have to break up the party to go fight a fire?
A total of 2,352 inmates convicted of heinous crimes and ordered by President Duterte to surrender have been released through the good conduct time allowance (GCTA), the Department of Justice (DOJ) said yesterday. 
The number of inmates released was 428 more than the original list of 1,914 names provided by the Bureau of Corrections (BuCor).  
“Of that number, the DOJ assisting the BuCor confirmed the release of 463 PDLs (persons deprived of liberty). BuCor, based on their own assessment released 364 (PDLs). So, in total, 827 have been actually released from the 2,352 who surrendered,” DOJ Assistant Secretary Neal Vincent Bainto said. 
However, Bainto said he could not confirm if the remaining 1,525 PDLs were unqualified to benefit from the GCTA.  
“Actually the process is still ongoing. But we think that probably a good number of the remaining surrenderers will be re-incarcerated,” he added. 
That is a lot of criminals released and then surrendered.  And out of this number only 825 have been re-released.  But that is not the whole story.  Rappler wrote a whole exposé on this travesty of justice. The BurCor was overwhelmed and many surrenderers have died in custody.  Read it here.

https://www.rappler.com/newsbreak/in-depth/247136-bilibid-returnees-die-duterte-administration-blunders-part-1
The original number on the return list was 1,914. As of December 13, there were 2,352 who returned to prison. Of them, 827 were set free – some just a week ago – because they turned out to be qualified for freedom after all. 
The implementation of Duterte's arrest order was doomed from the beginning. 
At the BuCor offices in Bilibid, documentation chief Ramoncito Roque and his staff scrambled to prepare a list of prisoners who should be returned to prison. They had to comb through over 22,000 names who were granted GCTA. 
Duterte gave them 15 days. 
Meanwhile, cops who had watched the broadcast waited. The President was unequivocal in saying that they could only make arrests 15 days later. But when the deadline came and cops began their hunt at midnight, the list they had been given led them mostly nowhere. 
Tagged by a squad of reporters, the cops dove into a maze of shanties, knocking and pleading for information. By sunrise, they found only one. Another's home had already been torn down years before. One was already living in Bulacan, according to residents who knew him. Another one was dead.
There is too much to quote from here.  Read it.

Thursday, December 26, 2019

Standing in Trucks 11

No matter where you go you see them. Pinoys standing or sitting in the beds of trucks or on top of trucks. 












It's very dangerous and foolish as this video from India shows.

Wednesday, December 25, 2019

MLM Scam Products: Juice and Coffee

Do you like coffee but wish it was more healthy for you? Do you want to be white without the hassle of toxic creams laden with mercury? Have I got the products for you!




Experience health and beauty altogether in just a drink pack with hug quality fruits and vegetables extracts mixed together in a delicious fruity twist. Helps whiten skin with a slimming effect for guilt free indulgence.
Yes now you too can be white just with a simple sip of Lipoglow! Lipoglow will slim your figure and turn your skin white just like your favourite movie stars. It's got all the whitening ingredients like glutathione and collagen!  Mmmm yum!  Who does not like drinking collagen? Spike your coffee with a little collagen and you got yourself a Special Beauty Blend Beverage.


Collagen is not the only special ingredient in this coffee mix.



Tongkat Ali, Gotu Kola, Stevia, Agaricus Mushroom, Saw Palmetto, plus 12 fruits and vegetable extracts!  Now that's a proper coffee. Better than a hot black cup of joe at 6 am to kickstart the day. But if you are looking for an espresso drink there is also Mangosteen Cappuccino Coffee.

https://www.pmscoffee.com/products/mangosteen
With mangosteen, spirulina, brown sugar, ganoderma, gravitol, and gotu kota you will be losing weight and improving your health in no time!

If none of these drink mixes catches your fancy there are plenty more at the PMS website.

https://www.pmscoffee.com
Who needs boring real coffee with all that caffeine when you can drink these miracle mixes which will improve your health? Be sure to check the kiosks in the mall. They might be well stocked with Green Coffee and slimming green teas and all the other miracle drinks like King's Herbal.

Tuesday, December 24, 2019

Martial Law: Lessons Learned Part 1

Martial law in Mindanao is set to end at the end of the year. For 135 weeks Mindanao has been subjected to the rigorous military rule of the AFP. At this point it would be a good idea to look back and see what lessons have been learned. Surely the AFP learned a few things? I know I did and I hope anyone who has been reading this series has also. To make it easier and organised I will only cover five points: ISIS, Security/Borders, Policy, Foreign Assistance, and Marawi and Mindanao. 

1. ISIS

At the beginning of the Marawi siege terrorists drove around with black ISIS flags. They declared it was a victory for ISIS. The Palace and the AFP both denied any ISIS involvement in the siege and any ISIS presence in the country.

"We don't have ISIS in the Philippines," Col. Edgard Arevalo, AFP public affairs office chief, told reporters. 
Arevalo said what the government troops encountered in Marawi City was a local terror group which is using the incident to get recognition from ISIS. 
"Ginagamit nila ang mga insidenteng ito upang sila ay i-recognize. These groups who are claiming to be ISIS, they are merely courting the acclamation of ISIS na hanggang ngayon ay hindi pa rin nila nakukuha kaya patuloy ang kanilang ginagawang atrocities," he said. 
In a separate press briefing, PNP spokesperson Chief Supt. Dionardo Carlos said the Maute group is not an ISIS group. 
"It is not an ISIS group, it is a local terror group. Walang ISIS dito. They are not even recognized yet by ISIS," he said.
Funnily enough the next day they changed their tune all because Duterte contradicted them.

https://www.gmanetwork.com/news/news/nation/612073/afp-to-follow-duterte-s-assertion-of-isis-presence-in-phl/story/
The Armed Forces of the Philippines on Thursday said it will follow the pronouncement of President Rodrigo Duterte saying that ISIS has a presence in the country. 
"Our commander in chief has already made a pronouncement na ito po ay grupo na ng ISIS, so we are making adjustment accordingly sapagkat our President and commander-in-chief has access to other information that initially the AFP might not have," Col. Edgard Arevalo, AFP public affairs office chief, said in an interview on Unang Balita. 
"It's already the commander-in-chief na nagsabi, so we subscribe to that pronouncement," Arevalo added. 
Meanwhile, the Department of Foreign Affairs (DFA) on Wednesday admitted the presence of ISIS despite the denials from PNP and AFP. 
In a statement posted on its Twitter account, the DFA said the Philippine government is "fully aware that the Maute Group / ISIS groups have the capability (although limited) to disturb the peace..."
Duterte might have information the AFP dos not? Makes sense right? No. It's a straight up lie.  The AFP lied to the country for several years about the presence of ISIS in the country. Here is a press release from the AFP with no date but which shows up in the internet archive or Wayback Machine  for the first time on May 22, 2016.
https://www.afp.mil.ph/index.php/news/8-afp-news/346-afp-statement-on-alert-vs-terrorism-in-the-philippines
We have not received any report pertaining to the presence of ISIS or their legitimate sympathizers in the Philippines. There is no authentic link or relationship between the ISIS and the ASG in Mindanao.
Those two sentences are a bold faced lie. The Consolidated Comments on Martial Law submitted by the OSG to the Supreme Court in 2017 tells a completely different story.
The Philippines as the extension of the ISIS caliphate Islamic groups worldwide. These groups commit atrocities in the name of the Islamic State in order to seek recognition and support—financial or otherwise—from ISIS. 
8. The notoriety of the ISIS in Middle East has attracted the attention of extremist groups in the Philippines. The AFP has obtained ISIS’ propaganda material, Dabiq, which reports that as early as November 2014, a number of groups in the Philippines had already pledged their allegiance to the caliphate. 
9. There are four ISIS-inspired groups that operate in different parts of Mindanao. These groups have formed alliances for the purpose of establishing a wilayah in Mindanao. The four (4) groups, which find their roots in different parts of Mindanao, are as follows: 
a. The Abu-Sayyaf Group (“ASG”) from Basilan, led by Isnilon Hapilon (“Hapilon”);  
b. Ansarul Khilafah Philippines (“AKP”) from Saranggani and Sultan Kudarat. The group is led by Mohammad Jaafar Maguid;  
c. The Maute Group from Lanao del Sur led by Omar Maute; and,  

d. Bangsamoro Islamic Freedom Fighters (“BIFF”), based in the Liguasan Marsh, Maguindanao. 
10. These groups are notorious for committing numerous bombings, assassinations, and extortion activities in the country, especially in Mindanao. In the past, these groups had been operating separately and independently. Due to their uniform pledge of allegiance to ISIS and their support for the establishment of a caliphate, an alliance has been formed between and among these groups (for brevity,these groups are collectively referred to herein as “ISIS-inspired local rebel groups”). 
11. On April 2016, the ISIS’ weekly newsletter, Al Naba, announced the appointment of Abu Sayyaf leader Hapilon as the emir or leader of all ISIS forces in the Philippines. The appointment of Hapilon as its Philippine emir was confirmed in a 21 June 2016 video by ISIS entitled “The Solid Structure.” The video hailed Hapilon as “the mujahid” authorized to lead the soldiers of the Islamic State in the Philippines.” 
12. On 31 December 2016, Hapilon and about thirty (30) of his followers, including eight (8) foreign terrorists, were surveilled in Lanao del Sur. According to military intelligence, Hapilon performed a symbolic hijra or pilgrimage to unite with the ISIS-inspired groups in mainland Mindanao. This was geared towards realizing the five (5)-step process of establishing a wilayah, which are: first, the pledging of allegiance to the Islamic State; second, the unification of all terrorist groups who have given bay'ah or their pledge of allegiance; third, the holding of consultations to nominate a wali or a governor of a province; fourth, the achievement of consolidation for the caliphate through the conduct of widespread atrocities and uprisings all across Mindanao; and finally, the presentation of all of these to the ISIS leadership for approval or recognition. 
13. The appointment by ISIS of an emir in the Philippines is already the third step in the establishment of a wilayah in Mindanao. Moreover, these groups now have the unified mission of wresting control of Mindanaoan territory from the government for the purpose of establishing a wilayah
http://www.osg.gov.ph/documents/officeupdates/OSG%20Consolidated%20Comment%20on%20Martial%20Law.pdf
Before 2017 the AFP knew that several groups in the Philippines had pledged allegiance to ISIS and that in April 2016 Hapilon had been appointed the emir of the forces in the Philippines by ISIS. Yet they lied to the public and said there was no ISIS and only changed their tune when Duterte forced them to do so. Why did they do this?  Why have the never been held accountable for it? 

Incredibly enough long after the siege had ended, long after reports had been coming in about foreign jihadis flocking to the Philippines under the ISIS banner, the AFP continued to deny the presence or threat of ISIS to the stability and peace of Mindanao.

Remember the suicide bombing in Basilan which was carried out but a foreign jihadi under the banner of ISIS back in 2018? The AFP denied it was the work of both ISIS and a foreign suicide bomber. 
https://www.philstar.com/headlines/2018/08/02/1838931/afp-chief-isis-not-behind-basilan-blast
The military yesterday dismissed claims that the Islamic State (IS) was behind the car bomb attack that killed 11 people in Basilan. 
Armed Forces of the Philippines (AFP) chief Gen. Carlito Galvez said the IS was claiming every terror attack as part of its propaganda to gain more support. 
“They are claiming everything. Even what happened in Manila, they were claiming to have had a hand in it. They are doing it to heighten the support and to show that they are still there,” Galvez said. 
He also discounted the possibility that the supposed suicide bomber in last Tuesday’s attack was a foreigner. 
An anti-terror official, however, maintained the suicide bomber was a foreigner, bolstering claims and identifying the slain suspect as Abu Kathir Al-Maghrib, a Moroccan jihadist. 
But some officials stressed it might be possible that the driver of the van was just a courier of the bomb. 
“So it is not conclusive that it was a suicide bomber and it’s not conclusive the suspect was a foreigner,” Galvez said.
Galvez was wrong on both counts and it was just a few weeks later that Galvez, in a budget meeting, changed his story.

https://www.rappler.com/nation/210709-deadly-bombings-demonstrate-isis-tactics
“The greatest threat that we have now is really ISIS,” said Galvez during a budget hearing on Wednesday. He referred particularly to its adherents – the Maute Group and BIFF in Central Mindanao and the Abu Sayyaf Group in Western Mindanao. 
Since 2018 there have been six deadly suicide bombings including the blast at a cathedral in Jolo. Most of these have been carried out by foreigners with one confirmed Filipino. All claimed by ISIS.

While the fortunes of ISIS continue to change in the Middle East and in the Philippines they still remain a force to be reckoned with. Given the right conditions they could once again be able to lay siege to a city the size of Mindanao. The AFP should not let up on their offences against the BIFF and Abu Sayyaf who remain the largest ISIS affiliated groups in the Philippines. Nor should they underestimate the threat ISIS poses to the security of the nation.


2. Security/Borders

During the Marawi siege DND Secretary Lorenzana admitted surprise that so many foreign fighters had made their way into the country.

http://www.gmanetwork.com/news/news/nation/627258/lorenzana-admits-gov-t-clueless-how-thousands-of-maute-fighters-entered-marawi/story/
Defense Secretary Delfin Lorenzana admitted Tuesday that they still do not know how the Maute fighters and foreign terrorists laid siege to Marawi City and continue to battle government forces til now. 
“The Marawi is a class by itself because we have not yet found out how they got in, a lot of them coming from other places, from outside the Philippines, from Malaysia, Indonesia, from Jolo, Sulu, Basilan and other places in Mindanao,” Lorenzana said during a press conference on the recently concluded Tempest Wind drill. 
“So we are going to intensify our intelligence efforts, we are trying to upgrade our technical capabilities with the  help of the US and other countries [that] are capable of those technical capabilities,” he said. 
“I think we have no choice but to really solve this problem because if we will not, then it can happen in other places other than Marawi,” he added.
Could it be the porous borders of the Southern Philippines?  So said AFP Col. Arevalo.

“We cannot discount the possibility of foreign fighters surreptitiously able to enter the country given our vast and porous borders,” AFP spokesperson Colonel Edgard Arevalo said in a press statement. 
That is certainly one idea. Anyone can take a boat from Indonesia and cross over to the Philippines unseen. Abu Sayyf abduct both fishermen and tourists regularly. What has happened since 2017 when Lorenzna said, "We have no choice but to really solve this problem?" Nothing it would seem. The term porous borders has consistently been used to describe the Philippines' southern costal areas by media and government officials.

https://www.benarnews.org/english/news/philippine/philippines-indonesia-11202019181356.html
The Philippines and Indonesia have agreed to intensify joint maritime security patrols to check the movements of terrorists across their porous borders, military officials from both nations said Wednesday. 
Malaysia, Indonesia and the Philippines began trilateral patrols in June last year after pro-IS militants launched a siege in the southern Philippine city of Marawi. Five months of vicious fighting ended in October 2017 and killed at least 1,200 people, mostly militants, including the acknowledged Philippine IS leader, Isnilon Hapilon, and several foreign fighters. 
Malaysia’s Sabah state is a short boat ride from islands in the Philippines’ Mindanao region, where pro-IS Muslim guerrillas and other armed Muslim groups operate. The waters between the two countries are extremely porous. According to analysts, the three nations share coastal borders that have long been used for smuggling routes.
The border remains wide open and a lot of that has to do with China's encroachment in the WPS preventing the Philippines from focusing as many resources as possible on maritime security in Mindanao.

Lorenzana, however, hopes that China eventually honors and respects the decision of the tribunal as it will lessen the external threat the Philippines is facing.  
“If we can only get China to respect the ruling, it would be a big load from our back,” he said. “We could probably devote more of our resources to pressing problems at home. “ 
The second phase of the modernization program which starts in 2017 or early 2018 will be pursued as planned.  
Adjustments, however, will be made in line with the new administration of President Rodrigo Duterte. 
“We may have to tweak it a little so that we can address the priority of the new president,” he explained. “He said in his pronouncement a couple of weeks ago that we need more helicopters and night flying capabilities so that we can pursue these mandates, criminals, and terrorists that are trying to create trouble in the South.” 
Talking to other countries is important because “the border is so porous and wide” and the Abu Sayyaf have shifted to kidnapping passengers of fishing boats. 
We all know China has not bothered to honour the ruling and Duterte has tossed it aside completely. The arbitral ruling over the WPS might as well not have happened. As such Philippine patrol boats and planes are regularly harassed by Chinese military from their newly built bases in Scarborough Shoal and the WPS. But how much does this interference impede the Philippines' ability to patrol their own costs?

I can't say but I can say for sure that there are foreign jihadis running around the country. The AFP knows this and claims they are keeping an eye on them. Back in September 2019 they said there  could be up to 60.
The military commander for Western Mindanao, meanwhile, said troops were searching the region for about 60 suspected foreign militants, including people from Bangladesh, Malaysia, Indonesia, Morocco and Afghanistan. 
“They are scattered in our areas. They don’t have popular support. In due time, using our capabilities, we will neutralize them,” Lt. Gen. Cirilito Sobejana said, reiterating an earlier pledge that the foreign fighters would be accounted for by year’s end. 
Now they say there are only 8.
Meanwhile, Arevalo said the AFP is still monitoring eight foreign terrorist groups and Abu Sayyaf sub-leader Hajan Sawadjaan of Sulu.
https://news.mb.com.ph/2019/12/11/improved-security-climate-in-mindanao-reason-for-non-extension-of-martial-law/
We also continue to read foreign analysis claiming the the Philippines is the new land of jihad and that more and more foreign jihadis will continue to make their way here. Whether they do or not it is imperative that the AFP secure the southern border and work closely with the BI to prevent would be terrorists from flying in through Manila.

Next week we will look at the remaining three areas of Policy, Foreign Assistance, and Marawi and Mindanao.

Monday, December 23, 2019

The Maguindanao Massacre Verdict Does not Prove The Philippines' Justice System is Working

The recent guilty verdict handed down by the court proves beyond all shadow of doubt that the Philippines' justice system is working.

https://www.pna.gov.ph/articles/1089147
The guilty verdict against key suspects in the Maguindanao massacre case handed down on Thursday showed that the justice system in the Philippines is working, an official of the Presidential Human Rights Committee Secretariat (PHRCS) said. 
The judicial process may have taken quite some time, but justice has triumphed, with our government, under the Duterte administration, remaining true to its obligation to fulfill the human rights of those concerned,” Undersecretary Severo Catura, PHRCS executive director, said in a statement sent to the Philippine News Agency (PNA). 
The mechanisms have effectively worked in the victims’ favor, and this is what human rights is all about,” he added. 
Catura said the Maguindanao massacre case has defined the human rights situation in the Philippines and even allowed detractors to accuse the government as a purveyor of impunity. 
“That is farthest from the truth. The dictum that every person who is charged with a crime is deemed innocent until proven guilty remains an anchor of the Philippine justice system. And we’re talking of more than a hundred people indicted in this gruesome incident," he said. 
”What seems to be disregarded is the fact that the government has upheld everyone’s right to a fair and public hearing,” he added. 
Catura said the conviction of 43 personalities can be considered “a milestone in human rights history in the Philippines”.
Wow! The guilty verdict handed down by the court in this singular case proves beyond a shadow of a doubt that the Duterte administration cares about human rights and the right of everyone to a fair and public hearing.  The justice system is working. 

Except the Palace says this case is an example of the serious flaws in the justice system. 
https://newsinfo.inquirer.net/1204022/despite-maguindanao-massacre-conviction-palace-notes-serious-flaws-in-justice-system
The Palace on Saturday said there are still “serious flaws” in the country’s justice system that needs to be rectified despite the resolution of the decade-old Maguindanao massacre case. 
Presidential spokesperson Salvador Panelo said that while the efforts of the prosecution in the case are commended, “an analysis of the court’s judgment shows that 10 years of what could have been productive lives of fifty-six acquitted accused have been wasted in incarceration.” 
Panelo said that during their time in jail, their families have become dysfunctional as they bear the stigma and humiliation attached to being accused of involvement in the 2009 mass killing that horrified the world. 
“This is an injustice that cannot be countenanced nor continue. It must not find print ever again in the pages of our history as a nation,” Panelo said in a statement. 
Judge Jocelyn Solis-Reyes on Thursday sentenced eight members of the Ampatuan family led by former town Mayor Andal Ampatuan Jr. and 20 others to life imprisonment without parole for the murder of 57 people, including 32 journalists. 
The judge acquitted more than 50 police officers and other members of the Ampatuan family, citing a lack of evidence, while 15 people were given 6- to 10-year prison terms as accomplices. 
Panelo noted that a major cause for the “aberration” is the filing of charges before the court “even if the evidence presented before the investigating public prosecutor cannot sustain a conviction of an accused of a crime to be proven beyond a reasonable doubt.” 
“The hasty and heedless filing of an information is due either to the faulty appreciation of evidence by — or the fear of — the investigating prosecutor to be subjected to an administrative sanction or get a reprisal from the complainant if the case is dismissed at the preliminary investigation stage,” Panelo said. 
These cases, Panelo said, are not isolated as he noted the hundreds of similar pending cases. 
“The blindfolded Lady Justice symbolizes an impartial proceeding without regard to the social and political status of those haled before the mighty and unforgiving arm of the law, uninfluenced by the torrent of adverse people’s judgment,” Panelo said. 
“The government, forever unaffected and unmoved by the infectious winds of public opinion, must pursue and protect this ideal,” he added. 
Further, Panelo said that aside from the years of innocence wasted for the acquitted persons, hours of effort have also gone to waste. 
“This is one lesson we must all learn lest we repeat the same grievous error at the cost of liberty and honor of the innocents,” the spokesperson said. 
What Panleo is decrying is the fact that this case took 10 years to resolve. During that time 56 people were incarcerated who ended up being acquitted. During that time their families have been greatly affected and a whole decade, which adds up to 560 years, of potentially productive years has been wasted.

The reason is that charges were filed hastily and without due appreciation of the evidence at hand which is done because the prosecutor fears the case might be dismissed before it reaches trial resulting in no justice and administrative sanctions for himself. Panelo says this is not an isolated case.

Indeed we read in the news often daily accounts of cases finally reaching resolution after years of lingering in the courts. DeLima is certainly the most high profile prisoner right now who has been in prison for nearly three years with no end in sight. That means no trial and no resolution of the case. Truly in the Philippines there is no such thing as a swift and speedy trial. The courts are severely backlogged.

https://news.mb.com.ph/2019/11/29/doj-starts-decongestion-of-backlog-of-over-10000-cases/
The Department of Justice (DOJ) has started a “decongestion project” meant to slash and reduce the backlog of over 10,000 cases with pending petitions for review. 
“This should make a dent on the number of unresolved petitions in the docket,” said DOJ spokesman and Undersecretary Markk Perete on Friday, Nov. 29. 
Petitions for review are filed before the DOJ’s Office of the Secretary to appeal the rulings prosecutors made on cases which were either dismissed or approved for filing of charges in court due to findings of probable cause. 
The spokesman said the DOJ begun its “decongestion project” back in August to address the backlog of pending petitions for review. 
“We started this since about three months ago,” Perete told reporters. 
Recently, Guevarra revealed that when he got appointed justice secretary back in April 2018, he was faced with a huge backlog of petitions for review. 
“When I assumed the position of Justice Secretary, over ten thousand cases – in fact estimates peg the number at close to fifteen thousand – have yet to be resolved,” Guevarra disclosed during a conference of the Prosecutors League of the Philippines (PLP) held in Manila. 
“That such a huge backlog exists is worrisome,” he lamented. 
“That the appealed cases of those denied justice have for so long languished in our docket constitutes a travesty which I hope to address,” he stated.
10,000 cases backlogged at the DOJ!  Think that's a lot? Think again.

https://www.philstar.com/headlines/2013/06/14/953927/courts-congested-over-1-million-cases-yearly-nscb
The Philippine judiciary faces serious difficulties in addressing case backlogs as lower courts are congested with over a million cases every year, the National Statistical Coordination Board (NSCB) revealed on Friday.

NSCB Secretary General Jose Ramon Albert said that from 2005 to 2010, lower courts were continuously confronted with heavy volume of caseload, with an annual average of 1,059,484 cases or equivalent to an average of around 4,221 cases per working day.

He said this backlog of cases in lower courts has been increasing over the years since the Regional, Municipal, and Municipal Circuit Trial Courts (MTC) posted low annual disposition rates from 2005 to 2010.

Albert revealed that while the total inflow of cases in the lower courts has been declining from 457,146 in 2005 to 385,067 in 2012, the total outflow of cases has likewise been on a downtrend, from 487,605 cases in 2005 to 382,957 in 2012.

"Hmmmm. I wonder if this suggests that lawyers are prolonging the trial process, or that judges are taking too long to make judgments, or that judges just have too many cases to resolve, or all of the above," Albert said in the latest issue of Beyond the Numbers.
This number of one million is from 2013. With more cases coming in each year are we to believe that these cases have been cleared up since then? Doubtful. Especially when the DOJ admits they alone have 10,000 cases backlogged.

Another problem with the Philippines' justice system, as exemplified by the Maguindanao Massacre case, is the use of private prosecutors.

https://newsinfo.inquirer.net/625305/private-public-prosecutors-in-maguindanao-massacre-trial-at-odds-over-strategies
Is it really a rift between the public and private prosecutors in the 2009 Maguindanao massacre case, or among the private lawyers themselves? 
Two private prosecutors in the Maguindanao are pointing to deep-seated differences with the state prosecutors, which are supposedly affecting the panel’s legal tactics in the case. 
However, another outspoken private lawyer has contested this, saying the conflict is actually between two private prosecutors and the rest of the panel.
The better question is why is private prosecution allowed? Why isn't all prosecution done by the state? Here we read that the use of both private and public prosecutors and their subsequent quarrels is one reason the case was delayed for so long. Private prosecution is absolutely one of the worst, if not the worst, aspects of the Philippines' justice system. It is the complete opposite of justice.

Right in line with private prosecution is the ridiculous fact that in some cases no charges will be brought against criminals unless the victim files a complaint. But this is something the state should do.

https://cebudailynews.inquirer.net/275559/parents-set-to-file-murder-case-against-jealous-man-who-killed-their-daughter
A murder case is still being readied against the 27-year-old man, who allegedly shot dead his common law wife after he had an argument with her in their house in Sitio Mahayahay, Barangay San Vicente in Liloan town in northern Cebu on Saturday, December 14. 


Police Master Sergeant Jason Gayo said the parents of the victim, Bianca Paige Bayang, 25, were hoping that they could file the murder complaint on Tuesday (December 17) because they were still processing her death certificate which would be needed in the presentation of the case in court.

https://newsinfo.inquirer.net/1204292/rising-pnp-concern-chinese-kidnappings
Pogo-related kidnappings grabbed public attention in mid-December when the video of 28-year-old Pogo worker Zhou Mei went viral. Zhou is shown screaming for help as her abductors pulled her into a gray van. CCTV footage collected by the Makati police showed the van driving around the building where she lives in the city’s business district several times before she was kidnapped. The team of Makati police chief Col. Roberto Simon has identified Zhou’s kidnappers. One has left the country and three others remain at large. Simon is frustrated by the refusal of Zhou and her husband to file a criminal case that would allow his team to pursue the suspects.
Both of these cases are maddeningly ridiculous!  The parents of a murdered daughter have to file a criminal case? The police know who the kidnappers are but cannot pursue them because the victims refuse to file a criminal case? That puts more Chinese in danger of being kidnapped and tortured. It is an absolute travesty of justice that the state does not file criminal charges against suspects in all cases.

The final reason, at least the final reason I will mention, that the Philippines' justice system is broken and not working is that judges and lawyers are routinely killed. Now the judge in the Maguindanao Massacre case will be given a tighter security detail.

Police officers are still providing security for Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221, after she handed down on Thursday the long-awaited ruling on the Maguindanao massacre case after 10 years of trial. 
Brig. Gen. Debold Sinas, acting director of the National Capital Region Police Office (NCRPO), said close-in security personnel are still deployed for Solis-Reyes, while some police officers are stationed near her residence and are authorized to conduct random checkpoints. 
(Our agreement with the Supreme Court administrator is the security detail will continue until the time that she feels the situation is back to normal and she no longer has apprehensions.)
Filipinos do not respect the law. They do not respect the decisions judges make and they do not respect the fact the all criminals have the right to defend themselves. That is why judges and lawyers get assassinated.

In the very first article mentioned in this post I quoted the following:
“That is farthest from the truth. The dictum that every person who is charged with a crime is deemed innocent until proven guilty remains an anchor of the Philippine justice system. And we’re talking of more than a hundred people indicted in this gruesome incident," he said. 
That is a total lie.
https://news.abs-cbn.com/news/03/05/19/alleged-narco-politicos-waived-right-to-presumption-of-innocence-panelo
The Commission on Human Rights earlier said it recognizes that the list is meant to ensure that only law-abiding candidates get elected, but it also reminded the administration that "presumption of innocence is a Constitutionally-guaranteed right."  
The body urged the government to instead file cases against the alleged narco-officials.  
Panelo, however, said some rights under the Constitution "can be waived."  
"These candidates who are involved in drugs, to my mind waived the right -- to such right -- of being given presumption of innocence," he told ANC.  
"Why? They know they are involved there, they run for public office and it's fair game. You open yourself to criticism as well as exposure of your involvement to anything illegal," he added.
That is straight from the Palace. Duterte has never contradicted that pronouncement from Panelo. Hard to believe they are lawyers.  But not really. They are Filipino lawyers and they are part of the problem which is the Philippines' broken justice system.

When he was still a prosecutor, President Rodrigo Duterte said there was one tactic that helped Davao City authorities when going after criminals. 
"We planted evidence. We arrested persons but we released them, [then] telling him that it was this person who squealed on him. And then when he goes out for the killing, then we said that it was this fellow who really did it, who did you in," the President, who was city prosecutor before becoming Davao City mayor, said in an early morning press conference on Sunday, August 21. 
"We first planted the intrigues so that we would know... from where they came from," he said.  
The President, in his statements during the early morning press briefing, implied that this strategy is being used by the police now, but at the same time denied their involvement in extrajudicial killings. 
"We say it’s not the work of police to be wrapping people with plastic and [putting] him in the bag. That is not a job of the police. I just told [them] that one bullet will do. Why do you have to wrap it? I said [don't] waste your time," he said.  
"I have learned a lot during my prosecution days," he said.
Don't be fooled. A broken clock is right twice a day. Just because justice was meted out in the Maguindanao Massacre case does not mean the Philippines' justice system is working. Far from it.