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CA defends use of Wikipedia in decision vs mining firm

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Background photo from ADB

MANILA, Philippines – The Court of Appeals (CA) defended its use of online sources, particularly Wikipedia, in relation to its ruling on one of the worst mining disasters in the Philippines.

The CA cited information available on the Internet in its June 2015 decision which rejected Marcopper Mining Corporation's claim that the Regional Trial Court Branch 38 of Boac, Marinduque committed grave abuse of discretion by not dismissing the complaint filed by the Calancan Bay Fisherfolk Federation.

The fisherfolk group said that the mine tailings that leaked into Calancan Bay in 1996 "adversely affected their livelihood and led to sickness – or worst, death – in nearby communities."

The CA explained that the use of Wikipedia and other Internet sources was needed as it had to study the concepts related to the case – such as why the mining pit collapsed and how it affected villagers – to resolve the petition "in a fair and just manner."

It added that the Supreme Court, in several of its rulings since 2004, has cited the free online encyclopedia.

"Resort to the Internet was made to supplant the missing information that will provide a sufficient background to apprise the Court of the basis and reason for the tort case filed by the fishermen," the CA said.

The appellate court further dismissed Marcopper's argument that the ruling was of "unsubstantiated conclusion of facts."

The 2015 decision of the CA's Fifth Division to uphold the 2013 ruling of Marinduque RTC Branch 38 was a welcome progress in the case which spanned almost 16 years.

According to the CA, denying Marcopper's motion to dismiss the case was no grave abuse of discretion as the leaked mine tailings "caused an environmental disaster."

The court noted that complaints against Marcopper even included the names of those who died or developed diseases due to the incident.

"The effect of the pollution and damage wrought by Marcopper on Calancan Bay – the people, their livelihood and the environment – is truly immense in terms of health, quality of life, and source of livelihood," the CA said. – Rappler.com


Nancy Binay to ask DOJ: Why is Ernesto Mercado at casinos?

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'SEEN AT CASINOS.' Senator Nancy Binay questions why ex-Makati Vice Mayor Ernesto Mercado has been going to casinos.

PAMPANGA, Philippines – Senator Nancy Binay plans to write a letter to the Department of Justice (DOJ) to ask why former Makati Vice Mayor Ernesto Mercado, supposedly under the Witness Protection Program (WPP), was seen leaving casinos in Clark over the weekend.

"Tomorrow, susulat ako sa DOJ to clarify kasi 'di ba narinig niyo 'yung mga reklamo dun sa programs ng WPP na kulang 'yung pondo for the other witnesses, tapos makikita mo na may isa na sakop ng WPP na sinasamahan [ng bodyguards] sa loob ng casino at hindi lang ito 'yung first time," the senator told reporters in an ambush interview on Sunday, March 6, in Macabebe, Pampanga.

(Tomorrow, I will write to the DOJ to seek clarifications. You hear about complaints that the WPP lacks funds for other witnesses, then you'll see someone under the WPP being accompanied [by bodyguards] inside a casino. This isn't the first time either.) 

Senator Binay said she saw Mercado emerge from the casino of the hotel where she and her family were about to check in past 3 pm on Saturday. 

"Yesterday afternoon, nandun lang ako sa may lobby tapos binulungan ako ng husband ko na, 'O si Ernesto Mercado, palabas ng casino,'" she said. 

(Yesterday afternoon, I was just in the lobby when my husband whispered, "There's Ernesto Mercado, on his way out of the casino.")

The senator said she did not want to make a scene in the lobby, so she and her husband just decided to proceed to the elevator.

That was when she reportedly saw Mercado leaving the hotel, the name of which she refused to reveal, with around 7 to 10 bodyguards. 

Mercado was a former vice mayor of Makati, where the senator's father, Vice President Jejomar Binay, was mayor for 21 years. 

Mercado had a falling out with the Binay family when the Vice President decided to field his son Junjun for mayor in the 2010 elections instead of Mercado. Junjun, now dismissed, beat Mercado in the 2010 polls.

Mercado was also a key witness during the yearlong Senate probe on the corruption allegations against Vice President Binay.

Mercado said he and the Vice President received kickbacks in various city government projects. He was placed under the WPP in September 2014.

CLARIFICATION. Senator Nancy Binay plans to write a letter to the Department of Justice regarding ex-Makati Vice Mayor Ernesto Mercado's 'casino visits.' Photo by Mara Cepeda/Rappler

Two casinos in one day? 

Another known ally of Binay claimed he saw Mercado leave another casino on Saturday evening. 

Former Candaba, Pampanga mayor Jerry Pelayo said he briefly talked to Mercado at the Widus Casino and Hotel at around 9:30 pm on Saturday. 

Pelayo said he came from a meeting at the hotel's coffee shop when he saw Mercado in the lobby.

"Kinausap niya ko. Sabi niya, 'Pano 'yan? Talo na ko.' Sabi ko, 'E 'di uwi ka na,'" said Pelayo, also a staunch supporter of former President and reelectionist Pampanga Second District Representative Gloria Macapagal-Arroyo.

(He talked to me and said, "What am I going to do? I lost." So I told him, "Then go home.") 

"Puwede niyo 'kong i-quote diyan kasi totoo naman e," Pelayo added.

(You can quote me on that because it's the truth.)

ANOTHER SIGHTING. Former Candaba, Pampanga mayor Jerry Pelayo says he also saw Ernesto Mercado at the Widus Casino and Hotel. Photo by Mara Cepeda/Rappler

According to Senator Binay, Mercado allegedly lost more than P50,000 on Saturday.

Rappler has tried to contact both Mercado and his daughter Karla, who is running for Makati vice mayor under the Liberal Party, for comment on the accusations. 

Not a secret

This is not the first time that the spotlight has centered on Mercado's gambling activities.

At the beginning of the Senate investigation on the Vice President in 2014, a Makati city hall official said Mercado is not a credible witness because he is a gambler.  

"Ako aaminin ko sa inyo, prangka akong tao. Nagsasabong ako, nagbi-breed ako ng manok, nagdidiversion ako pagminsan-minsan. 'Di ko itatanggi. Casino? Once in a while. 'Di naman porque nagpupunta sa casino, nagsusugal eh. Madalas kumakain lang ako sa restaurant. At sinasabi nagigipit ako at nagpapagamit, kanino?" Mercado fired back then.

(I'm a frank person, I'll admit it. I go to cock fights, I breed chickens. It's a hobby. I won't deny it. Casino? Once in a while, but just because you go to a casino, it doesn't mean you're gambling. I often eat at restaurants only. They're telling me I'm in need of money and that I'm being used. Being used by whom?) 

At the end of the Senate probe on his political rival, Mercado asked that the WPP be improved because whistleblowers face a number of risks, including death threats and failure to support their families. – Rappler.com

US resident who visited PH tests positive for Zika

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ZIKA THREAT. The World Health Organization recently declared the virus a global health emergency.

MANILA, Philippines – A resident of the United States tested positive for the Zika virus after spending 4 weeks in the Philippines in January 2016, the Department of Health (DOH) said on Sunday, March 6. 

The DOH cited a report from the US-Centers for Disease Control and Prevention (US-CDC) which indicated that a non-pregnant adult showed symptoms of fever, rash, joint pain, conjunctivitis, and muscle pain during her last week of stay in the Philippines, and was confirmed to have the Zika virus upon returning to the US.

Zika is a mild case of the flu transmitted by mosquito species usually found in tropical and sub-tropical regions. Though seemingly minor, however, the virus is suspected to cause serious neurological problems and birth defects in babies born to infected women. (READ: FAST FACTS: Zika virus)

Philippine Health Secretary Janette Garin said they are now trying to pinpoint all the provinces the patient may have traveled to during her stay.

"Currently, we are coordinating with US-CDC for the profile of the patient, including information on places she visited in the Philippines," Garin said.

The health chief assured the public that there is no cause for alarm as there is no epidemic, considering that it is just the second confirmed case of Zika virus in the country.

The first laboratory confirmed case was in 2012 when a 15-year-old boy tested negative for dengue and Chikungunya but positive for Zika. He recovered after 3 weeks of bed rest and medication. 

Zika is characterized by fever, rash, and conjunctivitis. Other symptoms include joint pain, muscle pain, headache, and vomiting. These may last for 2 to 7 days.

Although most infected individuals do not manifest any symptoms, they are still capable of transmitting the infection through the bite of infected female Aedes mosquitoes, the same ones responsible for dengue and Chikungunya. Other reports also indicated that the virus could be transmitted through sexual contact and blood transfusion.

The symptoms of the virus can be treated with medications for common pain and fever, rest, and water. Patients, however, are encouraged to consult the nearest health facility if symptoms persist.

The Research Institute for Tropical Medicine (RITM) can test suspected cases. Zika virus kits are also available for those who want to get tested across the country. (READ: 1,000 kids available in PH for Zika virus testing)

Garin advised women – pregnant or not – to take precautions to protect themselves. 

Breeding grounds, Garin added, should be destroyed to prevent the spread of Aedes mosquitoes.

"We reiterate that cleanliness is still the key against mosquito-borne diseases. The public is reminded to be vigilant and pre-cautious in eliminating mosquito breeding places through the '4S campaign,'" she said.

"The 4S means search & destroy mosquito breeding places; use self-protection measures, seek early consultation for fever lasting more than two days, and say yes to fogging when there is an impending outbreak."

According to the World Health Organization (WHO), 55 countries have reported local Zika cases from January 2007 to March 2016, making it a global threat– Rappler.com

South Korea to announce new sanctions on North – official

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SEOUL, South Korea – South Korea will soon announce its own tougher sanctions on North Korea, an official said on Sunday, March 6, a move set to further heighten tensions as Seoul and Washington begin their largest-ever joint military exercise.

The new measures – following Wednesday's decision by the UN Security Council to slap unprecedented sanctions on the North – will be announced this week, a Seoul government official said on condition of anonymity.

The Security Council announced its toughest sanctions yet to punish the North for its recent nuclear and missile tests in violation of UN resolutions. 

The North responded within hours by test-firing rockets into the sea. Its leader Kim Jong-Un ordered the nation's nuclear arsenal to be readied for pre-emptive use at "any moment.”

The Seoul official did not elaborate on the South's separate sanctions. Yonhap news agency said they would include banning any ships which have previously docked in the North from  South Korean ports. 

A group of North Korean individuals and organizations believed involved in weapons development will also be added to a blacklist, it said, citing a government source.

In February, in an unprecedentedly tough move, the South announced the total shutdown of a jointly-run industrial park in North Korea, saying Pyongyang had been using it to fund its nuclear weapons programs.

On Monday South Korea and its close ally the US begin their annual Key Resolve/Foal Eagle military drill.

This year's will be the largest-ever, with the US reportedly sending more than 15,000 troops – 4 times as many as last year -- to the Key Resolve drill, which is largely a computer-simulated exercise.

Foal Eagle – a field exercise also involving US strategic assets including a naval fleet led by an aircraft carrier and nuclear-powered submarines – is also expected to be far bigger than before. 

Seoul says the drills, which continue through April 30, are defensive in nature but Pyongyang has habitually slammed them as a  preparation for war.

Last month it warned it would attack the South and the US mainland in case of any armed provocation during the exercise.

South Korea's conservative president Park Geun-Hye has vowed "stern punishment" in case of any such response. – Rappler.com

Hundreds of Tibetans join funeral procession of schoolboy

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MOURNING. Tibetan refugees hold placards and candles during a vigil following the self-immolation of two Tibetans in Bangalore on March 5, 2016. Photo by Manjunath Kiran/AFP

DHARAMSALA, India – Hundreds of grieving Tibetans on Sunday, March 6, joined the funeral procession for a 16-year-old schoolboy who died after setting himself on fire to protest against Chinese rule.

Dorje Tsering died from cardiac arrest on Thursday after setting himself ablaze at a housing settlement for Tibetan refugees in India's northern city of Dehradun.

Tsering's body was Saturday brought to Dharamsala, the Himalayan hill town where spiritual leader the Dalai Lama has lived since fleeing Tibet in 1959 after a failed uprising against Chinese rule.

On Sunday local Tibetans came out in their hundreds to attend a prayer session in neighbouring McLeodganj, seat of the Tibetan government-in-exile, before joining the funeral procession and the cremation ceremony.

A cavalcade of motorbikes and cars adorned with the yellow, red and blue Tibetan flag accompanied the ambulance carrying Tsering's body.

Tsering's mother Nyima Yangkyi urged young Tibetans to focus on education and not to consider self-immolation as an option. 

"(My son) saw self-immolation as a last resort, but young Tibetans should not self-immolate, instead they should study and work for Tibet," she said in a video released by the Norway-based Voice of Tibet.  

The teenager was the 8th Tibetan to mount such a protest outside China. An 18-year-old Tibetan monk in China set himself ablaze last Monday to protest at Beijing's tight control over the Himalayan region.

The Dalai Lama has described the burnings as acts of desperation that he is powerless to stop. He has said he is reluctant to condemn them to avoid offending the families of the dead.

Poe, Escudero trekking for votes

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TREKKING. Senators Grace Poe and Francis Escudero pose during a trek to the Aguinid Falls in Samboan, Cebu. Both later went to Bantayan Island, and said they would make the promotion of local tourist destinations a priority if they win. Photo by Alex Badayos/Sun.Star

CEBU CITY, Philippines – Senators Grace Poe and Francis Escudero shared light moments, shook people's hands and posed for selfies with some locals of Samboan in southern Cebu when they trekked there Saturday, March 5.

Instead of a political rally, the presidential and vice presidential candidates instead went on an early morning trek to Samboan's famous Aguinid Falls.

They arrived in Samboan on a private chopper and were welcomed by Mayor Raymond Calderon at his rest house in Barangay Poblacion.

Calderon is a Liberal Party (LP) member whose relative, Representative Joseph Ace Durano, requested him to take care of Poe and Escudero during the visit. Durano, who was tourism secretary during Gloria Arroyo's presidency, is Poe and Escudero's campaign manager.

"I like visiting some sites in the province but this also has significance, particularly when you are trying to promote eco-tourism. Tourism is one sector that we need to harness and improve," Poe said.

Some residents were waiting outside the mayor's rest house by the time the candidates arrived. The crowd was smaller than what usually gathers for campaign events in Cebu, but in a press conference, Poe and Escudero said they were there to see the scenery and present their platforms, particularly on eco-tourism.

Poe said she wanted to see how she can assist in improving the place.

In the lead

Although facing a disqualification case, Poe shares the lead in the latest Pulse Asia survey on presidential and vice presidential preferences. About 26% of the 1,800 voters surveyed last February 15 to 20 said they would vote for her. At least 25% chose Vice President Jejomar Binay. The survey's error margin is plus-minus two percent.

Escudero also leads the vice presidential candidates in the same survey, with 29% of the respondents. Ferdinand Marcos Jr followed with 26%.

During the visit, Escudero said it was an opportunity for the town to be showcased on a national level. He also urged Filipinos not to be strangers to the country's attractions.

Before the two could start exploring the falls, residents left their homes to greet them.

Linda Rocamora said she was happy to see the two, especially Poe, because she was a fan of her father's.

"Di masabot ang among kalipay nga nakita namo sila nga nianhi gyod sila bisan sa kasudlunon. Sila ang permiro nga mga kandidato sa national nga nianhi gyod mao nga mo-botar gyod mi nila kay tagsa ra kaayo mi suruyon diri," she said.

(You can't begin to understand how happy we are to see them here, considering how out-of-the-way we live. They're the first national candidates to visit us here, that's why I'm voting for them.)

A local tourist guide briefed the two senators about the falls before they started trekking up to the second level.

Welcome

Mayor Calderon was with them. He hoped their visit would boost tourism in their town, particularly Aguinid Falls. Calderon, however, said he would remain with LP.

"No matter what, they are still senators of our country. Of course, we should welcome them, that’s why I did not hesitate to say yes when they called," Calderon told reporters.

Calderon confirmed it was Congressman Durano who requested him to welcome the two candidates.

In an interview, Durano said that 90% of the members of Bakud Party, which is based on Cebu Province’s fifth district in the north, have agreed to support the Poe-Escudero tandem.

Aside from Samboan, Poe and Escudero also visited Bantayan Island in the north Saturday afternoon, where they met some fishers.

Poe explained that she wanted to figure out some local government initiatives for disaster risk reduction and management, since there was a proposal to put up a separate department for it.

During a press conference, the two also presented their platforms, which included the passage of a Freedom of Information (FOI) Law in their first 100 days in office, as a way to combat corruption.

The two also plan to change the image of some government offices like the Bureau of Customs (BOC) and the Bureau of Internal Revenue (BIR), which have been tainted with allegations of corruption.

No pockets

"Kung kailangan natin palitan ang uniforms ng BOC at BIR, halimbawa, bawal na ang bulsa, pangalawa papalitan natin ang mga furniture nila, bawal na drawers, dapat salamin lang ang kanilang mga lamesaSimple na mga solution pero epektibo," Escudero said.

(If we have to, we can remove the pockets on the uniforms of BOC and BIR personnel and require them to use office desks that are transparent glass and have no drawers. These are simple but effective solutions [to fight corruption].)

The two said they were thankful for their survey ratings. Poe said these inspire her, even as she deals with her disqualification case.

"Mas nagkakaroon kami ng inspiration na umikot sa ating bansa hindi lamang para makita ng ating mga kababayan kundi pakinggan din sila kung ano ang nais nilang idagdag sa aming mga platform," she said.

(We are inspired to visit more areas not only to be seen, but also to listen to what people would like our platform to include.)

Escudero said their ratings are important to them, but that they continue to consider themselves as underdogs in the run-up to the May 9, 2016 elections.

Ever since naman, running scared kami ni Grace, dehado kasi kami sa mga kalaban namin, sila lang ang may pera, partido at makinarya. Kami parehong independent," Escudero said.

(We've been running scared since the beginning. Our opponents have the money, party support and machinery. We both remain independent.) Rappler.com

This story is republished under Rappler's content sharing agreement with the SunStar network in the coverage of the 2016 national and local elections.

Philippines waits for UN response on North Korean ship

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IMPOUNDED. North Korean freighter Jin Teng. File photo from vesseltracker.com

MANILA, Philippines – The Philippine Coast Guard (PCG) said it was closely watching a North Korean vessel and its 21 crew members on Sunday, March 6, as officials waited for a response from the United Nations days after the ship was seized in compliance with new sanctions.

The 6,830-ton cargo ship, the Jin Teng, is being held at Subic port, northeast of Manila, where the PCG is guarding the freighter and monitoring its crew, said PCG spokesman Commander Armand Balilo. (READ: FAST FACTS: The sweeping new UN sanctions on North Korea)

"We will probably keep it in Subic pending our request for guidance on its disposition," he said.

The ship's 21 North Korean crew members remain onboard but are otherwise not restricted, he told Agence France-Presse.

"They are just on the ship. They are remaining there. They have provisions of their own. They won't try to escape," Balilo said, adding there was no need to provide them with any supplies yet.

Earlier this week, a government spokesman said the North Koreans would eventually be deported, but there has been no confirmation when that would take place.

The Philippines said Saturday authorities had impounded the vessel in accordance with fresh UN sanctions introduced in the wake of Pyongyang's recent nuclear and ballistic missile tests.

It was the first reported enforcement of the sanctions, the toughest to date, which were adopted late Wednesday by the UN Security Council.

Balilo said PCG personnel have inspected the ship twice, once using electronic sensors to search for weapons. However, no contraband has been found.

A team from the UN is expected to inspect the ship in Subic, a former United States naval base, foreign affairs spokesman Charles Jose said earlier.

The Jin Teng arrived in the Philippines from Palembang, Indonesia on Thursday afternoon, just hours after the latest sanctions were unanimously passed.

In response to the UN's move, Pyongyang fired 6 short-range missiles into the sea on Thursday, while North Korean leader Kim Jong-Un ordered its nuclear arsenal put on standby for preemptive use at any time. Rappler.com

World reacts to death of Nancy Reagan

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GOODBYE, NANCY. A file picture on June 11, 2004 of former US first lady Nancy Reagan looking out of the window of her limousine as she follows the motorcade bearing the coffin of her late husband, former President Ronald Reagan, in Washington, DC, USA. Ralph Alswang/Pool/EPA

LOS ANGELES, USA – Nancy Reagan's death sparked an outpouring of condolences from around the world Sunday, March 6, for the former US first lady. 

Here are reactions of some of the main public figures who made official statements or took to social media to voice their sympathies.

The Reagan family

Michael Reagan, the adopted son of former President Ronald Reagan

"I am saddened by the passing of my stepmother Nancy Reagan... She is once again with the man she loved. God Bless...

"Nancy is where she has always wanted to be with her Ronnie... Now she is at peace."

The Republican Party

Former president George W. Bush

"Mrs Reagan was fiercely loyal to her beloved husband, and that devotion was matched only by her devotion to our country. Her influence on the White House was complete and lasting."

Arnold Schwarzenegger, actor and former California governor

"Nancy Reagan was one of my heroes. She served as first lady with unbelievable power, class and grace and left her mark on the world.

"She's with her Ronnie now, but those of us she left behind will miss her dearly."

Senator John McCain of Arizona

"Nancy Reagan was an example to us all of graciousness, loyalty and dignity in good times and bad. She was an exemplary first lady, and a generous friend. 

"I will always be grateful for her and her husband's many kindnesses to my family. And I will always remember her as a dear friend and patriot and as one half of a love story that Hollywood couldn't have written any better."

Presidential hopeful Donald Trump

"Nancy Reagan, the wife of a truly great president, was an amazing woman. She will be missed!"

Marco Rubio, another candidate vying to be the GOP's presidential nominee

"Today our nation mourns the loss of Nancy Reagan, a true example of integrity and grace. My prayers are with the entire Reagan family." 

Democrats

US President Barack Obama and his wife Michelle

"We remain grateful for Nancy Reagan's life, thankful for her guidance and prayerful that she and her beloved husband are together again."

White House hopeful Hillary Clinton and her husband, former president Bill Clinton

"Nancy was an extraordinary woman: a gracious first lady, proud mother and devoted wife to President Reagan – her Ronnie. 

"Her strength of character was legendary, particularly when tested by the attempted assassination of the president, and throughout his battle with Alzheimer's." 

Bernie Sanders, Clinton's rival for the Democratic nomination

"Nancy Reagan was an exemplary first lady. Even after her time in the White House, she was an outspoken advocate for stem-cell research to find a cure for Alzheimer's. Nancy Reagan had a good heart, and she will be dearly missed."

Former US president Jimmy Carter

"Rosalynn and I are saddened by the passing of former First Lady Nancy Reagan. She will always be admired for her strength of conviction and her lifelong devotion to her husband."

World leaders

Israeli Prime Minister Benjamin Netanyahu

"I remember Nancy as a noble woman who supported president Reagan and stood by his side. She will be remembered as a great friend of the State of Israel."

Celebrities

Actress Joan Collins

"My friend Nancy Reagan died aged 94. The end of an era, #Love the 80s." 

Talk show legend Larry King

"#NancyReagan was some kind of gal! Warm & wonderful. Always had her husband's best interest. We'll miss you."

Beach Boy Brian Wilson 

"Sad to hear Nancy Reagan passed away. She stood up for us in 1984 when we were banned from playing July 4 D.C. Show. Ended up being great."

Rappler.com


Clinton faces down Sanders, blasts Trump's 'bluster'

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FACE OFF. Democratic presidential candidate Senator Bernie Sanders (D-VT) and Democratic presidential candidate Hillary Clinton speak during the CNN Democratic Presidential Primary Debate at the Whiting Auditorium at the Cultural Center Campus on March 6, 2016 in Flint, Michigan. Scott Olson/Getty Images/AFP

FLINT, Michigan, USA (3rd UPDATE) – With the Democratic presidential nomination in sight, Hillary Clinton late Sunday, March 6, sought to repel sharp attacks from party rival Bernie Sanders, while training some fire on Republican frontrunner Donald Trump.

"Donald Trump's bigotry, his bullying, his bluster are not going to wear well on the American people," Clinton said in a sometimes testy debate with Sanders sponsored by CNN in Flint, Michigan.

"I will do whatever I can as the Democratic nominee to run a campaign you'll be proud of," she said. "I don't intend to get in to the gutter with whoever they nominate."

Nine months after launching her presidential campaign, Clinton appears close to securing her party's nomination, despite a spirited and stronger-than-expected challenge from Sanders, a self-described Democratic Socialist.

Sanders has won a string of state-wide nominating primaries over the weekend, including in Nebraska and Kansas on Saturday, March 5, and won Sunday's party vote in Maine. 

But thanks to Clinton's victories and strong second place showings, she maintains a two-to-one lead in the number of nominating delegates.

After three months of voting, a general election between Democrat Clinton and Republican Trump seems increasingly likely.

"As of last night Donald Trump had received 3.6 million votes, which is a good number," Clinton said, remarking on the mogul's shock electoral success.

But, she added: "There is only one candidate in either party who has more votes than him, and that's me."

Gov. Snyder 'should resign'

In a chaotic election year that has seen outsiders tap voter unease, Clinton will not be taking anything for granted, not least Sanders.

Ideological differences between the two candidates were thrown into sharp contrast in the debate, held in a town where lead-tainted water has poisoned thousands of children.

Clinton and Sanders both criticized Michigan's Republican governor Rick Snyder, who they said should resign or be recalled from his post for neglecting Flint.

More than 8,000 children in Flint, economically devastated by the closure of General Motors factories, were exposed to lead for more than a year before the tap water contamination was uncovered by citizen activists.

"The governor should resign or be recalled and we should support the efforts of citizens attempting to achieve that," Clinton said, adding that federal funds should be released to help Flint residents.

Sanders said he had been "shattered" by visiting the city and meeting citizens.

"It was beyond belief that children in Flint, Michigan, in the United States of America in the year 2016, are being poisoned. That is clearly not what this country should be about."

Sanders said that Snyder "should understand that his dereliction of duty was irresponsible. He should resign."

Snyder, writing on Twitter, blamed the crisis on "a failure of government and all levels that could be described as a massive error of bureaucracy."

He also noted that the candidates will soon leave Michigan. "They will not be staying to solve the crisis," he said, adding that he was "committed to the people of Flint." 

Cause of Michigan's woes?

There was less agreement, however, on the causes of Michigan's economic woes, a key issue as the state goes to vote on Tuesday, March 8. 

Seeking to draw contrast, Vermont senator Sanders hit the former secretary of state hard for her pro-trade policies and accused her of taking cash from Wall Street, as well as the fossil fuel and pharmaceutical industries.

"Secretary Clinton supported virtually every one of the disastrous trade agreements written by corporate America," Sanders said to cheers.

Clinton shot back, accusing Sanders of voting against the bailout of the auto industry, which is a major employer in Michigan.

That prompted a feisty exchange.

"I voted to save the auto industry. He voted against the money that ended up saving the auto industry. I think that is a pretty big difference," Clinton said.

Sanders suggested that Clinton was talking about a "Wall Street bailout where some of your friends destroyed this economy."

"Excuse me, I'm talking," Sanders said sharply as Clinton tried to interject.

"If you are going to talk, tell the whole story, Senator Sanders," she said.

The tone eventually grew more civil, allowing both Democrats to compare their debate to a Republican debate last week that descended into allusion about penis sizes.

"Compare the substance of this debate with what you saw on the Republican stage last week," Clinton said.

Sanders joked that both had vowed if elected to invest more money in mental health, "and when you watch these Republican debates you know why." – Sébastien Blanc and Andrew Beatty, AFP / Rappler.com

LIVE: March 9 total solar eclipse

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MANILA, Philippines – The lone total solar eclipse for 2016 will occur on Wednesday, March 9, and will be seen across large parts of Indonesia and the Pacific Ocean.

A solar eclipse occurs when the Moon passes directly between the Earth and the Sun. As seen from Earth, the moon is just broad enough to cover the solar face, creating a breath-taking silver halo in an indigo sky. For many astronomers it is the ultimate experience.

The last total solar eclipse occurred on March 20, 2015, only visible from the Faroe Islands and Norway's Arctic Svalbard archipelago.

The total eclipse will sweep across 12 of Indonesia's 34 provinces, which stretches about 3,000 miles (5,000 kilometres) from east to west, before heading across the Pacific Ocean.

Partial eclipses will be visible in northern Australia and parts of Southeast Asia, including southern parts of the Philippines.

Image courtesy NASA

The moon will begin moving across the sun on Indonesia's main western island of Sumatra at around 6:20 am (2320 GMT Tuesday), before the eclipse sweeps across Sulawesi and Borneo, then moves over the Malukus and heads out into the ocean.

Thousands of locals, tourists, and scientists are flocking to Indonesia to witness the event. 

In cooperation with Slooh Community Observatory, Rappler will stream the eclipse live. Slooh is sending astronomer Paul Cox to Indonesia for the live stream. He will be accompanied by a team from the Institute of Astrophysics of the Canary Islands.

The livestream will start at 23:00 UTC Tuesday, March 8 / 7am GMT+8 Wednesday Manila time / 6am GMT+7 Jakarta time (for local times elsewhere, view this link).

Meanwhile, for eclipse watching, a warning: do not even attempt to look directly at the eclipse with your naked eyes – it is dangerous and can cause permanent eye damage, even blindness.

You can read more tips for safe eclipse viewing at the NASA Eclipse website. – With Agence France-Presse / Rappler.com

Ex-Iglesia church worker Lowell Menorca is missing – lawyers

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MISSING. In this November 2015 photo, former INC evangelical worker Lowell Menorca II shows up at the Court of Appeals for a hearing on the writs of amparo and habeas corpus filed by his relatives. Photo by Alecs Ongcal/Rappler

MANILA, Philippines – Expelled Iglesia ni Cristo (INC) church worker Lowell Menorca II is missing, his lawyers said, after he was allegedly held by immigration officials and prevented from leaving the country. 

Menorca failed to contact his lawyers or show up at a hearing at the Court of Appeals (CA) on Monday, March 7, for the continuation of his hearing on the petitions for a writ of amparo filed by his relatives. 

His lawyer, Trixie Cruz-Angeles told the CA 7th Division that Menorca had called his lawyers from the airport on Sunday, saying he had received a death threat against his family. 

"He informed us that he received a death threat, a picture of his family with a date and the face of his daughter marked with an X. It scared him so much that they proceeded to the airport to secure his family," Angeles said.

"At the airport, he informed us that he allegedly had a hold departure order and was on a watchlist. He was held by immigration officials supposedly to be turned over to the Philippine National Police (PNP) and then brought to Crame because he had an outstanding warrant," Angeles added. 

Around 8 pm on Sunday, Menorca called up his lawyers to say that he had been allowed to leave. But Angeles said they expressed "reservations" because he should not have been allowed to go if he indeed had a hold departure order.

"Nevertheless, he promised that he would call us no matter how things turned out and he has not been reachable ever since," Angeles said.

She added that they have not been able to get in touch with Menorca's wife Jinky, his brother Anthony, or his sister-in-law Jungko.

During the Monday hearing, however, INC counsel Patricia Prodigalidad raised doubts on the Menorca camp's claims, saying Menorca had put up a Facebook post on his account Monday morning.

Angeles told the appellate court that Menorca had several libel complaints filed against him. In January, the former church worker was arrested over two libel complaints filed in Mindanao, and a subpoena for a 3rd libel complaint in Cavite was also issued against him.

Menorca's camp has maintained that he has no knowledge about the libel complaints and did not receive any formal notice or subpoena. 

During the Monday hearing, Angeles said that they learned of another libel complaint that supposedly set bail at P120,000.

Aside from the libel cases, Menorca is also facing an adultery case and an alleged estafa case, but Angeles said they have no details about the latter case.

The appellate court is currently hearing the petition for amparo filed by Menorca's relatives in October 2015.

The petitions stemmed from Menorca's claims that he had been abducted in Sorsogon, brought to Dasmariñas City, and charged with illegal possession of firearms in an effort to force him to expose members critical of the church in July last year. He also claimed that his wife and daughter had been detained at the time. (READ: INC minister Lowell Menorca: The story of my kidnapping)

CA Associate Justice Magdangal de Leon said he will issue an order directing the PNP and the Bureau of Immigration to trace Menorca's whereabouts and submit a report within 5 days. – Rappler.com

#PHVote: Duterte, Poe, Binay, Roxas and a dead heat race

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MANILA, Philippines – In the 2010 presidential race, at least one candidate, Benigno Aquino III, already had a 7% lead over his closest rival as the campaign period entered the month of March that year. But the 2016 race that Aquino still wants to win through his chosen bet is a different story of unsteady numbers and constantly shifting choices.

Last week’s events indicate that the presidential campaign teams are aware of how tight the election is, the soundbites of their candidates notwithstanding. They’re giving no quarter in the hustings, and looking beyond vote-rich provinces to court votes.

Based on the February 24-March 1 Laylo poll covering 3,000 respondents from 79 provinces and all cities in Metro Manila, the numbers look as fickle as this: Grace Poe: 26%; Rodrigo Duterte: 24%; Jejomar Binay: 23%; and Manuel Roxas II: 22%. Miriam Defensor-Santiago is too far to be in the race at this point: 2%.

But the biggest gainer in the Laylo polls, Duterte, might be having some problems in the home front.

Duterte-Cayetano LQ?

TROUBLE AT THE HOME FRONT? Rodrigo Duterte and running mate Alan Peter Cayetano in a previous Davao sortie. Rappler file photo

It is akin to a lovers’ spat, and it was palpable last week when Duterte and his running mate, Senator Alan Peter Cayetano, campaigned in Bongbong Marcos’ turf, Vigan, Ilocos Sur. Cayetano was unusually quiet in Vigan, not giving any speech and refusing to talk to reporters as he gestured that he had a sore throat.

The cold treatment from Cayetano is likely due to his standard-bearer’s frequent visits to the Ilocos region, his statements favoring a heroes’ burial for the late dictator Ferdinand Marcos, and the fact that Duterte was really Bongbong’s first choice as presidential candidate. (READ: The Scrum: Why Bongbong Marcos might win as VP)

Can Poe grab the lead in Mindanao?

COURTING ZAMBOANGA. Senator Grace Poe during a campaign sortie in Ipil, Zamboanga Sibugay, on March 4, 2016. File photo by Arnold Almacen

Because she is weak in Mindanao, ironically the political bailiwick of her late father, Fernando Poe Jr, Senator Poe spent time in Zamboanga City last week. Pulse Asia’s February survey says Poe is just 15% in Mindanao, behind Duterte, who’s from Mindanao, with 45%, and Binay with 21%. Poe attributed this to her few sorties in the region. She’s going back to the Zamboanga Peninsula, in Zamboanga del Norte, to press more hands. (READ: Campaign trail: March 7-13)

The Supreme Court is expected to decide on the disqualification cases against her this week, and her camp is hoping that a verdict in her favor would make her break free from the dead heat race and give her a comfortable lead.

Roxas not playing safe in Cebu

WILL CEBU CHOOSE HIM AGAIN? Mar Roxas and Leni Robredo during last week's campaign sortie in Cebu. Rappler file photo

For two days last week, Roxas and his running mate, Camarines Sur Representative Leni Robredo, barnstormed in Cebu, visiting local factories and women’s shelters in 5 towns and cities. 

While he won big in Cebu in his failed 2010 vice-presidential bid, Cebu is playing out differently this time. Duterte is the preferred bet in the province, and Poe’s campaign manager, Ace Durano, belongs to an influential Cebuano clan. (READ: Can Mar Roxas win Cebu anew?)

Some of the Liberal Party’s local allies are also threatening to leave the ruling coalition due to unresolved local disputes. 

Binay gets Arroyo’s support

WOOING LUZON. Jejomar Binay in a sortie in Aurora last week. Rappler file photo

The cat is out of the bag. The political lieutenants of former President Gloria Macapagal Arroyo, who’s under hospital arrest for charges of plunder, said that the “marching order” from her is to support Binay’s presidential bid. In February, Binay backed Mrs Arroyo’s petition for a house arrest, and this “reverberated” with Arroyo’s fellow Kapampangans, said an Arroyo aide.

Binay and Arroyo used to be political foes. He was among Arroyo's staunchest critics over corruption scandals and allegations of election fraud in 2004. 

Pacquiao gets a beating

And as the ultimate proof of how words can make or break a campaign, Manny Pacquiao was nearly pushed out of the winners’ circle in the February survey of Pulse Asia, which was conducted on the week he faced massive backlash from his sensational statement on gay marriage. Pacquiao’s preference rating dropped by 12.1 percentage points to 34.8%, pushing him down to 11th to 14th places, the tail end of the so-called “Magic 12.” 

Elections and emojis

Last week, too, Rappler and Twitter launched a partnership to help Twitter users show their support for their favorite presidential candidate. #PHVote hash flags are one of the easiest ways to show your support for your presidential candidate. And we’ve made emojis for each of the candidate which you can share on your social media accounts.

Just type #PHvote with your presidential candidate's surnam (no space), and his or her emoji will automatically appear. Try it now! – Rappler.com 

Read other election weekly wrap stories:

Chinese MH370 relatives file suit in Beijing

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NEVER FORGET. Balloons with MH370 written on them during a remembrance ceremony to mark the second anniversary of the plane's disappearance, in Kuala Lumpur, Malaysia, March 6, 2016. Fazry Ismail/EPA

BEIJING, China (3rd UPDATE) – Relatives of a dozen Chinese passengers aboard missing flight MH370 filed suits against Malaysia Airlines, Boeing, Rolls Royce, and others Monday, March 7, a day before the second anniversary of its disappearance and a legal deadline to do so.

Packed into a small office at the Beijing Rail Transportation Court, which has been designated to handle MH370 cases, they held manila folders with litigation papers in their hands.

Several wiped away tears, turning to borrow tissues from neighbors, before depositing their documents with court officials.

Gao Xianying, 65, who lost her daughter, son-in-law and 3-year-old granddaughter on the flight, said: "Successfully filing the case is the next step in finding my family. We're a step closer to demanding the truth from Malaysia Airlines; there's more hope than before."

The Boeing 777 aircraft, with 239 people – including 153 Chinese citizens – on board, vanished en route from Kuala Lumpur to Beijing on March 8, 2014, and authorities said it went down in the southern Indian Ocean.

Even while suing for the wrongful deaths of their loved ones, many Chinese next of kin consistently express beliefs that the passengers are still alive, perhaps being held at an unknown location – even though a piece of the plane washed up on the Indian Ocean island of Reunion and other potential debris was found in Mozambique.

Under international agreements, families have two years to sue over air accidents. Lawyer Zhang Qihuai, whose Lanpeng firm represents the group filing suit on Monday, said many were "deeply conflicted" over the decision to go to court.

"They think that after you've accepted compensation, the company can deny any further responsibility and wash its hands of the incident, and that the public will naturally forget about the whole thing," explained Zhang.

The total compensation requested from Malaysia Airlines, Boeing, engine manufacturer Rolls Royce, and insurance companies ranged between 10 and 70 million yuan ($1.5 million to $10.8 million) per family, he said. Verdicts might not come for two years, he added.

"Originally, many didn't intend to sue and instead wanted to continue waiting. But there's a time limit, so they have no other choice – losing the right to sue would be terribly painful."

His clients have declined settlement offers of 2.52 million yuan per victim, he said.

Several US, Malaysian, Australian, and Chinese law firms have told AFP they have begun filing suit on behalf of relatives, seeking undisclosed damages.

Malaysia Airlines and Boeing representatives in China declined to comment on the lawsuits to AFP. Rolls Royce did not immediately comment.

'My child is safe'

A vast Australian-led search of 120,000 square kilometers (46,000 square miles) of the southern Indian Ocean seabed has so far failed to locate the wreckage, and authorities plan to end the operation – projected to cost up to $130 million – if no new leads emerge by the time it is completed, expected in July.

The relatives hope that court scrutiny will help reveal answers about what befell the plane, even while some express misgivings over negotiating compensation.

"The date March 8 is like a knife that has stabbed us once again," said Gao.

"I chose to prosecute in order to have my child safely returned to me. I’m convinced that the plane didn’t crash into the Indian Ocean, that it landed somewhere and that my child is safe, living on this earth."

She would never believe her family had died until their bodies were found, she said.

"You can scream your excuses until the heavens and the earth come down, for a thousand years or 10,000, but without concrete evidence I won’t believe it or accept it. I want the truth! Where is the plane? Where are the passengers?" she asked.

Others were more sanguine. Lin Xinmao from the central province of Henan, who lost his only daughter on the flight, simply shook his head when asked if he retained any hope.

Zhang said his clients' desire to learn the plane's fate put them under enormous pressure.

“In their hearts, the families are slowly accepting the reality that their relatives are slipping further and further away from them, but they are also very unwilling to accept that reality, always waiting for them to come home at a moment's notice," he said. 

"It’s very painful." – Becky Davis, AFP / Rappler.com

PMA graduates smallest batch in almost 5 decades

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PMA GABAY LAYA CLASS 2016. Among the top graduates of Asia's oldest military school are Cdt 1CL Kristian Daeve Glacio Abiqui of San Pablo, Isabela (leftmost, 1st row), and 2 females: Cdt 1CL Christine Mae Naungayan Calima from Bolinao, Pangasinan, and 3rd Cdt 1CL Arby Jurist Azman Cabrera. Photo by Mau Victa/Rappler

BAGUIO CITY, Philippines – The Philippine Military Academy (PMA) will graduate on Sunday, March 13, the smallest batch of graduates since 1970.

The PMA Gabay Laya (Gintong Anak ng Bayan, Alay sa Buhay Para sa Kalayaan) Class of 2016 has only 63 members, with 13 of them turnbacks – the PMA term for those belonging to previous classes.

The class valedictorian, Cadet 1st Class (Cdt 1CL) Kristian Daeve Gelacio Abiqui, is a turnback for medical reasons.

Cdt 1CL Christine Mae Calima, the class salutatorian, is the only female in the Top 10.

The  7 females of Gabay Laya are the fewest since the Magnificent Seven of 1997, the first female graduates of the oldest military academy in Asia.

PMA Superintendent Major General Donato San Juan said that only 123 members attended the Hell Week of 2012 and only 50 finished, with 13 turnbacks joining them.

San Juan said that he will be recommending the additional 50 exam passers in the incoming class to supplement the small number this year. The PMA is allowed to get 350 passers every year. If President Benigno Aquino III approves the PMA resolution, the school will take in 400 in April.

Abiqui, who just celebrated his birthday last March 4, is an Ybanag from San Pablo, Isabela. He was already on this 3rd year in his civil engineering course at the University of the Philippines in Los Baños when he passed the PMA exam.

"I joined the activities of LFS (League of Filipino Students) in my first year. I was very idealistic then. I joined the PMA because I find it a stable institution where I can instill change," he said.

Abiqui will receive from President Aquino the Presidential Saber for being valedictorian. He will also receive the Philippine Navy Saber for being the first in Navy, the Australian Defence Best Overall Performance, and the General Antonio Award. He will also get the plaques for humanities, mathematics, natural sciences, and Navy professional courses.

Despite the attrition rate of 56%, this class has 6 high school valedictorians, 2 salutatorians, and 10 honorable mentions like Abiqui.

Calima was a valedictorian and was already in second year in accountancy at the Saint Louis University in Baguio when she joined the military academy.

She said that there were 21 females who entered the academy and 14 were turned back. She said that the female PMA graduates always reminded her and her peers to fight harassment and discrimination in the academy.

Calima will receive the Vice President Saber, Philippine Air Force Saber, General Aguinaldo Award, Australian Defence Award, Tactics Group Award, and plaques for management, social sciences, tactical officers, department of leadership, and Air Force professional courses.

The 3rd top graduate is Cdt 1CL Arby Jurist Cabrera of Cauayan City in Isabela. He will receive the Secretary of National Defense Corps Award.

Fourth is Cadet 1CL Joseph Stalin Fagsao of Madella, Quirino, who will receive the Philippine Army Saber for finishing first among the Army recruits.

Fagsao, Abiqui, and Calima will be studying in the United States as part of the Jusmag, while 3 others will be studying in the military academies of Australia, Korea, and Japan.

The rest of the Top 10 are:

  • 5. Cdt 1CL Jayson Jess Tumitit of Baguio
  • 6. Mark Joseph Daria of Bangar, La Union
  • 7. Ace Clarianes of Libmanan, Camarines Sur
  • 8. Prince Regodon Aday of Sta Cruz, Davao del Sur
  • 9. George Bernard Garcia of Labrador, Pangasinan
  • 10. Gerald Gasacao of Meycauayan, Bulacan

When they were cadets, they received more than P27,000 as monthly allowance. Among the Top 10, only 3 have family incomes higher than what they got in PMA, with 3 of them saying that their monthly family income was only P5,000. – Rappler.com 

China Communist party punished nearly 300,000 for graft in 2015

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TOP GUNS. Chinese President Xi Jinping (front, L), Chinese Premier Li Keqiang (front, 2-L) along with government officials and delegates stand for the national anthem during the opening of the fourth Session of the 12th National People's Congress (NPC) at the Great Hall of the People in Beijing, China, March 5, 2016. How Hwee Young/EPA

BEIJING, China – China's ruling Communist Party punished nearly 300,000 of its members last year for corruption, its graft watchdog said amid a wide-ranging crackdown by President Xi Jinping on official malfeasance.

The Central Commission for Discipline Inspection (CCDI) said on its website that 200,000 cadres were given "light punishment" for graft, while 82,000 received "heavy punishment."

It did not specify the difference between the penalties involved, but both categories could see individuals transferred from their positions.  

With corruption widespread in China, critics say there is a lack of transparency around Xi's campaign and it has been used for political infighting.

The graft watchdog also sent out 54,000 letters reprimanding officials, the CCDI said in its  statement on Sunday, March 6.

The number of punished cadres represents just 0.3% of the party's 88 million members.

The Communist party maintains its own internal discipline mechanisms rather than automatically subjecting alleged wrongdoers to the criminal justice system.

In January a vice chief of the CCDI, Wu Yuliang, said that just 14,000 members faced legal proceedings as a result of discipline violations last year, while 336,000 were dealt with internally. – Rappler.com


MILF warns ISIS seeking foothold in Mindanao

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ISIS IN PH? Malacanang says there are no verified reports that ISIS is supporting local terror groups in the Philippines.

KUALA LUMPUR, Malaysia – The Islamic State of Iraq and Syria (ISIS, IS, ISIL, or Da'esch) group is trying to establish a stronghold in the violence-racked southern Philippines, the head of the nation's biggest Muslim rebel organization warned Monday, March 7.

Moro Islamic Liberation Front (MILF) chairman Murad Ebrahim said the extremist ISIS seeks to capitalize on growing frustration over the breakdown of efforts to end a decades-long Muslim separatist rebellion in Mindanao.

The peace process has been frozen since the Philippine Congress failed last month to pass a bill, agreed between the government and the MILF, that would have granted autonomy to the region.

"Now, after the non-passage of the (bill), we are quite concerned that they (ISIS) can capitalize on this, because the sentiment of the people in the area is now very strong. The frustrations after the non-passage of the law – they can capitalize on that," Murad told reporters in Kuala Lumpur.

Gunmen pledging allegiance to the jihadists controlling vast swathes of Iraq and Syria have instigated a series of deadly battles with the army in the volatile southern Philippines since parliament blocked the peace push.

Murad said the MILF was seeking dialogue with ISIS-allied militants to dissuade them for further attacks.

Violence has plagued the southern Philippines for decades during a Muslim separatist insurgency that has claimed 120,000 lives.

The Philippines is predominantly Catholic.

The MILF signed a peace accord with President Benigno Aquino's government in 2014 to end its struggle for independence, which began in the 1970s. 

Aquino's 6-year term ends in June and the MILF has pledged to honor a ceasefire while it awaits Philippine elections at mid-year.

"We cannot completely abandon armed struggle, but we always believe we have to give supremacy, primacy to the peace process because we believe the solution to the problem is still political," Murad said.

"As long as the peace process has a chance to move forward then we don't want to revert to violence again." – Rappler.com

'Joseph Stalin' among top PH military school grads

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'COOLEST GUY.' This was what Joseph Stalin Fagsao promised to become
when he first tweeted 6 years ago. He graduates with the 4th highest
honors from the Philippine Military Academy on March 13, 2016. Rappler
photo.

BAGUIO CITY, Philippines – Six years ago, a 16-year-old boy joined Twitter. 

"I'm the coolest person you'll ever know," he said in his description. 

What can be cooler than to carry the name "Joseph Stalin"? However, Joseph Stalin Abara Fagsao wanted to just be called Xeph.

He stopped tweeting in 2012, around the time he was set to attend the Philippine Military Academy (PMA), Asia's oldest military school.

On Sunday, March 13, Cadet 1st Class Fagsao will graduate as the 4th in his class. Being the top cadet to join the Army, he will be attending the United States Military Academy or West Point.

"I asked my father why I was named after a communist leader, and he said he was his idol," Fagsao said. 

Ironically, his father, who is from Bontoc, Mountain Province, was a member of the Philippine Constabulary. He died of a lingering disease when Joseph was in Grade III. 

"I wanted to join the military and my dreams were shattered when my father died," Fagsao said. 

He is the only son, although he has 3 half siblings from each parent. He was born in Maddela, Quirino, but he grew up in Fort Bonifacio in Taguig City.

When he was 18, he took the PMA examinations. On the day Fagsao learned that he passed the exams, his mother Delia, who was into the furniture business, died of a lingering disease.

"I wanted to take up computer engineering, but my mother said it was her dream that I joined the PMA," Fagsao recalled. 

He said that life in the academy was hard. "I survived because of the dreams of my parents. I hope I made them proud." – Rappler.com 

Pacquiao to Comelec: Boxing matches only 36 minutes or less

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BOXING CHAMP. Manny Pacquiao greets his supporters after filing his certificate of candidacy for senator at the Commission on Elections in Manila, Philippines, on October 16, 2015. File photo by Francis Malasig/EPA

MANILA, Philippines – Sarangani Representative Emmanuel "Manny" Pacquiao wrote the Commission on Elections (Comelec) on Monday, March 7, to argue that his upcoming boxing match will not give him undue advantage over his fellow senatorial candidates. 

Pacquiao through his lawyers, Romulo Macalintal and Antonio Carlos Bautista, said his April 9 match with Timothy Bradley Jr will run for a maximum of 36 minutes.

Pacquiao, who is running for senator under the opposition United Nationalist Alliance, pointed out that boxing rules limit each round to 3 minutes and a match can last only up to 12 rounds. 

The boxer stressed these points as the Comelec allows each national candidate to air 120 minutes of ads on television and 180 minutes on radio.

Bautista, his lawyer, said Pacquiao has even had boxing matches that ran for only two rounds, or around 6 minutes.

"E kung gano'n lang po kabilis ang laban, kahit sabihin pa nating partisan political activity ang laban na 'yan, e hindi po magkakaroon ng anumang violation si Congressman Pacquiao," Bautista said in an interview with reporters. 

(If the match would be that quick, even if we call that match a partisan political activity, Congressman Pacquiao will not have any violation.) 

 

This comes after former party-list representative Walden Bello, who is also a senatorial candidate, and former senator Rene Saguisag questioned Pacquiao's upcoming boxing match before the Comelec.

Bello and Saguisag said Pacquiao's match with Bradley on April 9, exactly a month before the Philippine elections, will give him an unfair advantage over other candidates. (READ: EXPLAINER: Pacquiao's match can be aired in PH, but...)

The Comelec earlier said it is studying this matter, and required Pacquiao to file a comment, which he did on Monday.

Pacquiao camp: It's sports news

In an interview with reporters on Monday, Pacquiao's lawyer added that Pacquiao's upcoming match is "a big international boxing event" that is considered sports news. 

"Hindi po ito political activity," Bautista said.

(This is not a political activity.)

Pacquiao in his letter argued, too, that the Comelec "does not have power or authority to issue an advisory opinion" as requested by Bello. 

He said the Philippine Constitution allows the use of "judicial or quasi-judicial power" only in the case of "an actual controversy or a justiciable controversy which is ripe for judicial determination."

"Clearly, in the letter of Representative Bello, this Honorable Commission is merely being lured to render an advisory opinion on a hypothetical matter," Pacquiao said through Macalintal and Bautista.

"Simply put, there is no actual or justiciable controversy presented before this Commission because the questioned media coverage of the fight ... will only happen on April 9, 2016, or more than a month from today, and given the current situation, many things may or may not happen," the boxer said.

The Comelec is expected to tackle Pacquiao's case in their regular meeting on Tuesday, March 8. (READ: EXPLAINER: Pacquiao's match can be aired in PH, but...)

Pacquiao is facing another controversy that nearly pushed him out of the winners' circle in a recent survey.

The boxer, who compared homosexual couples to animals, suffered a backlash in the latest Pulse Asia survey that pushed him down to 11-14th place, the tail-end of the so-called Magic 12 in the senatorial race. – Rappler.com

EXPLAINER: Pacquiao’s match can be aired in PH, but...

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 On April 9, controversial boxing superstar Manny Pacquiao will return to the ring to meet welterweight champion Timothy Bradley Jr for the 3rd time. While this event is highly anticipated by boxing fans around the world, questions arose as to whether his match can be shown live in the Philippines since the fight date falls within the election period, and Pacquiao happens to be a candidate for senator.

There is no question as to whether Pacquiao can compete in that boxing match, but showing the same on live television have legal implications, particularly on the following issues:

  • Will Pacquiao’s boxing match constitute “election campaigning,” and thus be covered by airtime and campaign finance limitations?
  • Will participating in a boxing match within an election period a ground for disqualification under Section 68 in relation to Section 97 of the Omnibus Election Code?

Pacquiao-Bradley bout an election propaganda? 

The common concern of critics is that Pacquiao’s boxing match would be akin to a political advertisement as it has the effect of promoting his candidacy. 

There is a need to discuss the primordial issue as to whether the broadcast of his boxing match would constitute “election campaigning.”Section 79 of the Omnibus Election Code defines “election campaign” as “an act designed to promote the election … of a particular candidate… to a public office.”

The keyword that we must note is “promote” – any act that can advance, contribute to, foster, or boost a candidacy could fall under “election campaigning.” Using this sweeping criterion, there is no question that a rousing imagery of the heroic Pacquiao waving the Philippine flag and valiantly fighting for his country can “promote” his candidacy, thus falling within the definition of “election campaign.” 

However, even if it falls within the definition of election campaigning, this does not automatically mean that his match cannot be shown in the Philippines. It only means that, as an election campaign propaganda, it has to comply with existing regulations and limitations, specifically on the aspects of airtime limitations and campaign finance.

File photo by Wendell Alinea/Rappler

First, this means that the live broadcast has to comply within the 120-minute per station broadcast limitation. This means Pacquiao has to account the duration of his fight against his advertisement time allocation. If Pacquaio’s match would last for the full 12 rounds with 3 minutes each, that would only be 36 minutes, excluding the breaks in between. With a mindful editing and timing, the time limit would not really be a problem.

Second, it has to comply with campaign finance regulations. To give us a working figure, let us use the reported 2013 published rate cards of the country’s biggest networks which average at P500,000 per 30 seconds. A 36-minute boxing match would have an approximate value of P36 million. Said amount can well be accommodated within his campaign expenditure limit of P167,218,188 (55,739,396 local and overseas voters x P3).

However, this arrangement is complicated by the fact that, as an industry practice, it is the broadcasting TV network that pays for the exclusive broadcast rights of a boxing match.

If shown to specifically benefit a candidate, the arrangement would be tantamount to an “electoral contribution,” which is defined in Section 94 of the Omnibus Election Code as any “gift, donation, subscription…or anything of value…made for the purpose of influencing the results of the elections,”with the TV network assuming the role of a “contributor.”

The complication comes from Section 95 (d) of the Omnibus Election Code which actually prohibits TV networks, being franchise holders, from becoming contributors to candidates. 

Can Pacquiao be disqualified?

Another possible complication is the specific prohibition on the holding of boxing bouts in Section 97 of the Omnibus Election Code, which is also a ground for disqualification under Section 68, to wit: 

Section 97. Prohibited raising of funds. It shall be unlawful for any person to hold...boxing bouts…for the support of any candidate from the commencement of the election period up to and including election day…

Section 68. Disqualifications. Any candidate…found by the Commission of having...solicited, received, or made any contribution prohibited under Sections…95, 96, 97 and 104...shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.

Given these, I am interested to know how Pacquiao’s legal team can reason their way out of these complications. Either his decisions on scheduling this fight have not been adequately studied by his legal team, or his campaign strategy has gone wrong. 

Lastly, I must note that Pacquiao filed his certificate of candidacy (COC) on October 16, 2015. Meanwhile, in the December 30, 2015, article of the Los Angeles Times, Bob Arum, Pacquiao’s promoter, was quoted to have said that “the Pacquiao-Bradley deal has been verbally agreed upon by both fighters, and that contracts are being sent.”

This means that when Pacquiao contractually agreed to his match with Bradley, he had already filed his COC for senator and he was expected to know the dates of the election and of the commencement of the election period. Under these circumstances, it is difficult to ascribe good faith on the part of the boxing champ. It raises suspicion that the choice of the match’s date was rather politically calculated. – Rappler.com 

Emil Marañon III is an election lawyer who served as chief of staff of recently retired Comelec Chairman Sixto Brillantes Jr. He is currently studying Human Rights, Conflict and Justice at SOAS, University of London, as a Chevening scholar.   

 

Friends and foes to propel Binay's victory in Central Luzon?

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BULACAN, Philippines – Vice President Jejomar Binay takes his campaign to Pampanga, a province where he lost the vice presidency to rival Mar Roxas of the Liberal Party in the 2010 elections.

The United Nationalist Alliance standard-bearer is relying on his track record as a public servant and his local allies in the surrounding provinces to secure a win in Central Luzon.

Mara Cepeda reports.

MARA CEPEDA, REPORTING: Securing a win in Pampanga, a province of 1.31 million voters, for Vice President Jejomar Binay will be a challenge. Then-Liberal Party vice presidential bet Mar Roxas beat Binay here by 193,000 votes. 

But in the May polls, two things can spell the difference for the United Nationalist Alliance standard-bearer not just in Pampanga but the rest of Central Luzon: Roxas’ supposed inefficiency as Interior secretary and the number of local leaders supporting incumbent Pampanga District 2 Representative Gloria Macapagal-Arroyo who are also allied with Binay.

Hundreds of supporters listen to Binay discredit Roxas in Pampanga.

JEJOMAR BINAY, PRESIDENTIAL CANDIDATE: Natalo ho rito pero ang tanong ko naman sa inyo, ‘yung ipinanalo niyo ho rito e nakita niyo ba? Naramdaman ba ninyo ‘yung kanyang mga ipinangako nung siya’y nagkandidato? E nasaan na pagkatapos ng halalan? Hindi ho ‘yun ang tamang namumuno. Ang tamang namumuno e [tumutupad] sa kanyang pangako. 

(I lost here but my question is, where is the person you voted for now? Did you feel the things he promised you when he was running? Where was he after the elections? That’s not right leadership. A proper leader fulfills his promises.)

He then takes pride that Minalin is a sister city of Makati, where Binay was mayor for 21 years.

JEJOMAR BINAY, PRESIDENTIAL CANDIDATE: Dito sa Minalin o nilalahat sa inyo sa Pampanga, ito hindi na ho kayo tumatawag. Basta’t pagkabasa, nakita namin sa TV na lumubog ang Pampanga, si Jojo Binay kasama niyo po rito kahit anong oras. 

(Here in Minalin and even the whole of Pampanga, you don’t need to call me anymore. As long as I read in the newspaper or watch on TV that Pampanga is flooded again, Jojo Binay will come here to help you.)

Binay’s ally, former Candaba mayor Jerry Pelayo, says times have changed in Pampanga, and that the upcoming elections may work in Binay’s favor.

JERRY PELAYO, FORMER CANDABA MAYOR: Sapagkat dito sa Pampanga, yung mga incumbent at ‘yung mga dating mayor at magkakatunggali sa lokal dito, nagkaisa sila for Binay. Bahala sila sa lokal pero lahat ito well-represented by 22 municipalities and 3 cities. Lahat sila may delegation na nangangahulugan na lahat dito sa Pampanga, naging idol nila si Binay.

(Here in Pampanga, the incumbent and former mayors who are fighting each other in the elections all agreed they would support Binay. They can do whatever they want in the local elections, but all are well-represented here, including the 22 municipalities and 3 cities. They all sent a delegation in the motorcade which means in Pampanga, Binay is their idol. 

It also helps that Binay is sympathetic of Arroyo, who is suffering from the weakening of the bones.

The Vice President, a human rights lawyer, says the government should give Arroyo more compassion and allow her appeal for treatment and house arrest. She is currently under hospital detention for plunder charges over the misuse of the Philippine Charity Sweepstakes Office funds while she was president.

While Binay used to be a critic of Arroyo, he now counts several of her allies as his supporters, including Pelayo, former Zambales Representative Mitos Magsaysay, and ex-Quezon Representative Danilo Suarez.

Suarez explains that Binay’s sympathy led to Arroyo ordering her allies to help the Vice President campaign in Central Luzon. 

DANILO SUAREZ, FORMER QUEZON REPRESENTATIVE: Nung pang day one nang na-detain si GMA, gumawa na ng position si VP na dapat bigyan ng pagkakataon magpagamot and that has been reverberating in the province… There is no formal proclamation yet, but minus the formal proclamation, the marching order of the former president is to help the Vice President. 

(Since day one when GMA was detained, VP made the position that she should be given treatment. That left a lasting impression in the province.)

Magsaysay adds that local leaders’ programs for their constituents in Central Luzon are similar with the promises of Binay.

MITOS MAGSAYSAY, FORMER ZAMBALES REPRESENTATIVE: Bilang congressman, naging kilala ako bilang “Congresswoman Libre” dahil lahat ng serbisyong kalusugan at edukasyon, libre sa amin. And nakita niyo na si VP Binay is also giving that sa Makati at sinabi niya na kapag siyang naging pangulo, kung ano ang natitikman ng Makati na libreng edukasyon, libreng pagamutan, libreng doktor, yung mga benepisyo ng senior citizen, ngayon ay tatanggalin niya yung buwis ng kumikita ng P30,000 and below, yung po ang gustung-gusto ng constituents sa Zambales, kaya ang Zambales din, full support po sa kandidatura ni VP Binay.

(I was known as “Congresswoman Libre” because healthcare and education are free in our province. And you can see that VP Binay did that in Makati and he said that if he wins as president, there will be free education, healthcare, and benefits for senior citizens as well as the removal of the income tax for those earning P30,000 below. That’s what constituents in Zambales want, so they’re fully supporting VP Binay.)

With their warm reception, residents in Pampanga are convinced Binay can fulfill his promises too.

With two months left to campaign, Binay vows to work hard to achieve his childhood dream of becoming the next president. 

His experience, capability, and a little help from his friends in Central Luzon might make this a reality for Jejomar Binay.

Mara Cepeda, Rappler, Pampanga. – Rappler.com

 

 

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