MANILA, Philippines – Chief Justice Maria Lourdes Sereno wants 4 Supreme Court justices to inhibit themselves from the quo warranto petition filed against her by the Office of the Solicitor General, saying they cannot decide on the matter “objectively and impartially.”

The Chief Justice, through her lawyers, filed 4 separate motions before the High Court for Associate Justices Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, and Noel Tijam to inhibit themselves from the quo warranto proceedings, Sereno's camp said in a statement on Thursday, April 5.

“All of them testified against the Chief Justice in her impeachment case pending before the House of Representatives and actively participated in the so-called ‘RedMonday’ protest in the SC that called for her resignation,” Sereno’s lawyers said in a statement.

Sereno's lawyers said that in her motions, the Chief Justice said “her constitutional right to due process would be violated if the justices who publicly criticized her in the impeachment hearings and supported calls for her resignation are allowed to participate in the deliberation of the quo warranto case."

She also strongly believes that the 4 justices “cannot decide the quo warranto petition objectively and impartially.”

“Due process of law requires a hearing before an impartial and disinterested tribunal, and that every litigant is entitled to nothing less than the cold neutrality of an impartial judge,” Sereno said, citing Article III, Section 1 of the 1987 Constitution.

 ‘Actual bias’

“The Chief Justice said that Peralta, Jardeleza, and Tijam must be excluded from the quo warranto case for showing ‘actual bias’ against her,” the lawyers said.

Sereno said that during the impeachment hearings of the House committee on justice, Peralta testified that she should have been disqualified as a candidate for chief justice for failing to submit to the Judicial and Bar Council (JBC) her Statements of Assets, Liabilities and Net Worth for the years she worked as a professor at the University of the Philippines.

The Chief Justice said Peralta’s bias apparently stemmed from his belief that she was the one who decided to exclude his wife, Court of Appeals Associate Justice Fernanda Lampas Peralta, from the list of applicants for CA presiding justice in 2017. She said Peralta himself admitted this in at least two impeachment hearings. 

“The Chief Justice has good reason to believe that he (Peralta) may have prejudged the merits of the quo warranto petition and that he may already have formed an opinion that the Chief Justice should have been disqualified to be nominated as Chief Justice,” Sereno said in her 14-page motion seeking to inhibit Peralta from the case. 

Her lawyers said Sereno also argued that Peralta, as then acting ex-officio chair of the JBC when she was nominated for the top post, “would have personal knowledge of disputed evidentiary facts concerning the quo warranto proceeding.” 

“[He] served as a material witness in the matter in controversy,” Sereno said.

‘Apparent prejudice’

The Chief Justice claimed Jardeleza showed bias against her when he testified before the House panel that Sereno allegedly manipulated a 2014 JBC shortlist for SC justice to exclude him.

“There is reasonable basis to conclude from Justice Jardeleza’s testimony that he harbored ill feelings towards the Chief Justice as a consequence of the latter’s challenge to his integrity during the nomination process for the Associate Justice position (vice Hon. Justice Roberto A. Abad) in 2014,” Sereno said in her 18-page motion for Jardeleza’s recusal.

The Chief Justice also cited how Jardeleza, during the impeachment hearings, characterized her actions in the nomination process as “inhumane” and “not of a normal person.” (READ: Jardeleza accuses Sereno of treason)

“With due respect, this apparent prejudice against the Chief Justice renders Justice Jardeleza disqualified to  hear and decide the instant petition,” Sereno said in her motion.

In the case of Tijam, Sereno cited a news report where he was quoted as saying,  “If Chief Justice Sereno continues to ignore and continues to refuse to participate in the impeachment process, ergo, she is clearly liable for culpable violation of the Constitution.” Tijam confirmed he said this when he testified before the House panel. 

The Chief Justice said Bersamin “exhibited bias and animosity” towards her when he alluded to her as a “dictator” while criticizing Sereno's leadership style before the House panel. 

In her motions, Sereno clarified that her motions for the 4 justices to inhibit from the case was without prejudice to her contention that the High Court has no jurisdiction over the quo warranto case.

The High Court will hold oral arguments on the quo warranto petition in Baguio City on April 11, which Sereno will attend . – Rappler.com

PALAWAN, Philippines (UPDATED) – The Department of Environment and Natural Resources (DENR) on Wednesday, April 4, rejected the request of El Nido coastal easement violators to extend until the end of peak season the deadline to self-demolish illegally built structures. 

DENR Mimaropa Director Natividad Bernardino said the 32 business establishment owners only have until April 11 to remove their structures built on the 3-meter coastal easement zone.

"We have no choice but to enforce the law. They will be forcibly demolished after the April 11 deadline if they don't start self-demolition now," she said in a text message.

Affected members of the Cottages, Resorts, and Restaurants Association of El Nido (CRRAEN) on Monday, April 2 held a dialogue with local environment officials to discuss concerns about their imminent eviction, in compliance with the easement provision of the Philippines' Water Code.

"We're asking to allow us to begin the demolition mid-July because most of us have already received booking reservations until end of June 2018, which is part of the peak tourism season," CRRAEN president Henri Fernandez said.

DENR Mimaropa on March 12 had served eviction notices to commercial establishments along the beach facing Bacuit Bay. They were given 30 days to dismantle and vacate the area.

Fernandez admitted the abrupt implementation has caught them by surprise, noting that before the crackdown in Boracay happened, the municipal government and the DENR's Protected Area Management Board already agreed for a "3 to 5 years' phase-out period for us to recover our hard-earned investments."

"Whatever revenue to be generated until the requested extension period is much needed, as part of it will be used in the demolition of structures that encroach the easement area," he said.

Eviction notices

But the DENR regional office has remained firm in its decision, saying the El Nido Task Force will oversee the dismantling demolitions in the coming days.

"The members of the task force will supervise the demolition of each and every establishment and determine how long each one will take to finish the demolition," Bernardino said.

She added that in the next two days, the task force will be serving eviction notices to around 300 occupants of timberland-classified areas, including more than 50 hotels and restaurants along the shoreline of Barangay Corong-Corong.

"If they are on the [prescribed 40-meter] salvage zone [for timberland], they need to move out; if not, we will respect the titles issued [to them] prior to the land classification map of 1941," she said.

Bernardino said everyone will be issued notices, but they will also be asked to produce evidence that will prove their occupation of the timberland areas is lawful.

"If they [are able to] produce titles, we will scrutinize each title and determine applicability of the law," she added.

Reversion cases to be filed

Meanwhile, the DENR said on Thursday morning said it will file reversion cases before the court to cancel the land titles issued by erring local environment officials to nearly 40 business establishments occupying forestland in El Nido. 

These land titles certifying the lots as alienable and disposable are "ab ibnitio or void from the start" since they have been designated as timberland in the 1935 DENR land classification map.

"We will need to file reversion cases in the court to cancel those titles," DENR regional director Natividad Bernardino said in a text message.

Bernardino, however, reiterated her previous statement that they will respect the titles issued prior to the land classification map, such as those issued as early as 1920s during the American regime.

She said they will ask the Office of the Solicitor General to file the cases in court for the DENR regional office.

"It takes years [to get the court decision] because we have to do the reversion case per individual title or lot," she added. "Usually, DENR wins especially for patents or OCTs (owner certificate of titles) issued by DENR itself."

Based on initial count, she said less than half of around 80 establishments in portions deemed as timberland along the shoreline of Barangay Corong-Corong have spuriously secured titles.

Cases vs DENR personnel

"We will fast-track everything as soon as they show us their titles," Bernardino said, when asked about the timeline of scrutinizing the titles and eventually filing the reversion cases.

Under the Philippine Water Code, a 40-meter coastal easement zone has to be observed in forestland-classified area. Those found on this no-build zone have been ordered to self-demolish within 30 days upon receipt Friday.

Bernardino also said that her office will also make the erring local environment officials liable for the unlawful issuance of such land titles despite the existing land classification.

"We will file cases against DENR personnel responsible for illegally issuing titles and certifying timberland as A and D (alienable and disposable). Some [of them] are already retired but others are still in active service," she said.

Her office will ask for help from the anti-fake titling task force of DENR Central Office for additional legal staff and logistics to pursue this move. 

Bernardino said they "have initially identified more than 2,000 illegally issued titles on timberland" in Palawan, the very reason why titling by DENR in the province has been suspended since 2015.

"Secretary Roy Cimatu fully supports our initiative in El Nido and wants every DENR personnel made accountable for issuing illegal titles and the whole mess created by our own people in El Nido similar to Boracay," she said. – Rappler.com

MANILA, Philippines – "In the war on drugs now, children died [along] with due process."

This was the sentiment shared by a children human rights observer, the Children's Legal Rights and Development Center (CLRDC), during the War on Drugs: Looking Behind the Numbers forum on Thursday, April 5.

"They are no longer collateral damage, they are seen as targets," CLRDC representative Rowena Legaspi said in a room full of human rights advocates and journalists covering the drug war.

Why the statement: The CLRDC made the statement in a forum tackling the death tally of the Philippine war on drugs, with CLRDC tilting the focus on the death of minors and women.

Their assessment was rooted in numbers. They have recorded at least 54 children who have been killed in just the first year of the Duterte administration's drug war. (LIST: Minors, college students killed in Duterte's drug war)

Many of the families of those killed do not get sufficient aid from the government for their burial at least, the CLRDC said.

Is 54 a small number? The CLRDC pointed out that while the death toll of children has not reached hundreds, the thousands of killings have, in one way or another, left children scarred. They have become orphans or grow up in neighborhoods with killings.

As of March 20, 2018, the Philippine government has recorded 4,075 drug suspects killed in law enforcement operations. Thousands more have been killed in relation to drugs.

As of February 2018, human rights groups have estimated that at least 12,000 have died from vigilante and drug war operations.  – Rappler.com

BRASÍLIA, Brazil – Brazil's Supreme Court on Thursday, April 5, rejected former president Luiz Inacio Lula da Silva's bid to delay a 12 year prison sentence for corruption in a ruling that could upend presidential elections in Latin America's biggest country.

The 6-5 ruling means that Lula – who was Brazil's most popular leader on record and is the frontrunner ahead of the October 7 polls – could be arrested within days.

The 11 judges deliberated for more than 10 hours from Wednesday, April 4, into Thursday on Lula's request to avoid going to prison while he mounts fresh appeals. At 5-5, it was court president Carmen Lucia who cast the tie-breaking vote, saying that postponing serving of sentences "could lead to impunity."

Broadcast live on television, the drama left Brazilians as divided as the judges themselves, and raised questions over the state of the country's democracy after the top army general appeared to urge prison for the 72-year-old founder of the leftist Workers' Party.

On the right, Lula is considered the face of corruption sweeping the country's political elite. His imprisonment has long been the goal of prosecutors running Brazil's "Car Wash" anti-graft investigation and he is now their biggest scalp.

Leftists, however, remember Lula's 2003-2010 rule as a time when Brazil used its wealth to lift tens of millions of people out of poverty.

For them, the entire corruption case is a sham cooked up by a judiciary giving major political figures accused of corruption on the right – including current President Michel Temer – an easier ride.

Those competing visions mirror the increasingly polarized election campaign in which a hard-right former army officer, Jair Bolsonaro, is currently second in the polls behind Lula, with centrists struggling to make ground.

Popular but divisive

Lula was sentenced to 12 years and one month prison after being convicted last year of accepting a seaside apartment as a bribe from a major construction company seeking government contracts. He appealed in a lower court but lost.

Under current law, that meant he should go immediately to prison, even while conducting further appeals in two higher courts. However, Lula applied to the Supreme Court for habeas corpus, allowing him to remain free during the appeals, potentially keeping him out of jail for a long period.

The Supreme Court's deliberations on the sensitive case took place under extraordinary social and political pressure.

Late Tuesday, April 3, up to 20,000 people demonstrated in Brazil's biggest city, Sao Paulo, to demand Lula go to prison and be barred from the election, with smaller rival rallies gathering in Brasilia on Wednesday, April 4.

More than 5,000 judges and prosecutors sent the Supreme Court a petition for Lula to be imprisoned immediately and justices have received thousands of emails on the subject.

At the same time, the court had to contend with the fact that Lula remains enormously popular with much of the population, especially in the poorer north-east.

In Sao Paulo, Lula backer Maria Lucia Minoto Silva, a 60-year-old history teacher, was distraught after Weber cast what proved the decisive vote on the court.

"This is a farce, it's a huge blow. I can't accept Lula out of the election. I can't accept an innocent man being in prison," she said. "Rosa Weber was on the fence and when she said she would rule against him, I went mad."

Army controversy

The most notable pressure ahead of the court ruling came from Brazil's army commander, who broke traditional non-interference in politics by appearing to call for Lula to be imprisoned.

General Eduardo Villas Boas tweeted late Tuesday that the military shared Brazilians' "desire for the repudiation of impunity."

Villas Boas also asked "who is really thinking about the good of the country and future generations and who is only worried about personal interests?"

The comments triggered immediate criticism, given that high-ranking generals have mostly kept out of politics since the restoration of democracy in 1985, following two decades of military dictatorship.

Amnesty International criticized the comments as a "threat to the democratic state of law."

But Brazil's defense minister argued Wednesday that Villas Boas was simply trying to reassure the nation.

"The message was that people can be calm, because the institutions are here. It was not a message about using force. It was the opposite," said the minister, Joaquim Silva e Luna, in Globo newspaper. – Rappler.com

MANILA, Philippines – Should journalists continue to call the government's anti-drug campaign as a drug "war" in their reports?

University of the Philippines professor Clarissa David raised the question during the "War on Drugs: Looking Behind the Numbers" forum which tackled the media coverage of President Rodrigo Duterte's "drug war." 

Speaking to human rights advocates and reporters covering what has been called as the "war on drugs," David pointed out that calling the campaign a "war" makes the killings that come with it more acceptable to the public.

"Remember that the drug policy was only a drug war when the government called it a war and it is really up to the news media to decide if they will adopt that framing or abandon it. Because when you call it a war, there are certain things that people are more willing to accept," David said.

"They are more willing to accept casualties. They are more willing to accept people being killed. They are more willing to accept a high body count," she added.

The UP professor stressed the strength of language in molding public perception of issues, in this case, the anti-drugs campaign which has claimed thousands of lives. (READ: PDEA chief wants PNP to drop the term 'Tokhang')

Just by the government's own count, more than 4,000 drug suspects have been killed in the campaign, all presumed by authorities to be suspects who simply "fought back." – Rappler.com

MOSCOW, Russia – The first of a group of 60 US diplomats  who have been expelled from Russia in the wake of the poisoned spy row departed from Washington's embassy in Moscow early Thursday, April 5, an Agence France-Presse reporter on the scene said.

Dozens of US diplomats and their families left the embassy compound on 3 buses and a minibus at 6:30 am (0330 GMT) and headed towards the airport, after Moscow set a Thursday deadline for the envoys to leave the country.

There has been a flurry of tit-for-tat diplomatic expulsions since the March 4 poisoning  on UK soil of Sergei Skripal, which Britain says was carried out with a military-grade nerve agent developed by the Soviet Union.

The former double agent, who defected to Britain, was found slumped on a park bench in the English town of Salisbury alongside his daughter Yulia who was also critically injured.

London has said it is "highly likely" Moscow was behind the botched assassination, a charge the Kremlin has angrily denied.

Relations between Moscow and the West have since plummeted to a new lows.

More than 150 Russian diplomats were ordered out of the US, EU members, NATO countries and other nations as punishment, a move that was met in kind by Russia.

At the end of March Moscow ordered 60 US diplomats to leave, as well as the closure of the St Petersburg consulate.

There was a stream of vehicles driving in and out of the embassy ahead of the departure, many carrying luggage and the pets of the expelled diplomats. – Rappler.com

PARIS, France – Global health leaders declared war on lifestyle diseases Thursday, April 5, decrying the impact of tobacco, alcohol and soft drinks on the world's poor, while calling for taxes to curb consumption and finance healthcare.

In half-a-dozen studies in The Lancet, a leading health journal, experts detailed the link between poverty and non-communicable diseases (NDCs) such as stroke and diabetes, and made the case for consumer taxes opposed by industry and many politicians.

NDCs, which also include heart disease and cancer, "are a major cause and consequence of poverty worldwide," said Rachel Nugent, vice-president of RTI International, a non-profit health policy institute in Seattle, and chair of The Lancet Taskforce on Non-Communicable Diseases (NDCs).

Many of the United Nation's Sustainable Development Goals, which run to 2030, will remain out of reach unless governments invest in policies that break the chains binding unhealthy habits and so-called "lifestyle" diseases, she said.

"Every year, almost 100 million people are pushed into extreme poverty because of out-of-pocket health spending," Adhanom Ghebreyesus, head of the World Health Organization, wrote in a comment, also in The Lancet.

"The costs of treating NDCs are a major contributor to this global scandal."

NDCs are responsible for 38 million deaths – nearly half before the age of 70 – each year, a large share of them caused or aggravated by smoking, excessive drinking and/or unhealthy diets, according to the WHO.

One of the UN's 2030 goals is to reduce deaths from NDCs by a third.

In 2011, world leaders at the UN general assembly pledged to develop national plans for the prevention and control of NDCs, and set targets to benchmark progress. But few have followed through.

"There has been a broad failure globally and in countries to act on the commitments made in the 2011 Political Declaration," Richard Horton, editor-in-chief of The Lancet, and senior editor Jennifer Sargent, wrote in an editorial.

Harm of taxes 'overstated' 

One of the most controversial remedies proposed for getting people to cut back on smoking and the consumption of alcohol or soda pop is point-of-sale taxes.

Opponents argue such levies penalize the poor most of all, and amount to a regressive tariff.

The new studies show a more nuanced reality.

Research looking at the impact of price hikes in 13 poor, emerging and wealthy countries, for example, found that – for alcohol and sugary snacks – low-income households were more likely than wealthy ones to cut back, leading to incremental health gains.

But even if they pay more as a percentage of their income, families can benefit in other ways, the researchers argued.

"The extra tax expenditures involved should not deter governments from implementing a policy that may disproportionately benefit the health and welfare of lower-income households," said Franco Sassi, a researcher at Imperial College Business School in London.

Additional tax revenue gained should be set aside for "pro-poor programs", he added.

For former New York mayor Michael Bloomberg, who has given away more than a billion dollars to curb tobacco use over the last decade, the benefits are obvious.

"Raising taxes on tobacco is the most effective way to drive down smoking rates, particularly among young people," he told Agence France-Presse. "It is also the least widespread of all the proven tobacco control policies.

"If we can help more governments raise tobacco taxes, we could make a very big difference in smoking rates, and also raise revenue that countries can invest in other vital services," he added.

Tobacco claims nearly 7 million lives yearly from cancer and other lung diseases, accounting for about one-in-10 deaths worldwide, and a million in China alone, according to the WHO.

"The evidence suggests that concerns about higher taxes on tobacco, alcohol and soft drinks harming the poor are overstated," said Nugent. – Rappler.com

MANILA, Philippines – It appears that 6 months before the United States presidential elections in 2016, Cambridge Analytica, a British political consulting firm, also had a hand in the Philippine presidential race. 

Facebook data of Filipinos was improperly shared with Cambridge Analytica, according to the social media company itself.

In a post by Facebook's Chief Technology Officer Mike Schroepfer on Wednesday, April 4, he said that about 1,175,870 Filipino users may have had their Facebook information improperly shared with Cambridge Analytica.

The Philippines is only behind the United States in terms of the number of people whose data was compromised.

Cambridge Analytica is the communications firm at the center of a global scandal, amid allegations it harvested data of millions of Facebook users for Donald Trump's presidential campaign. The end goal was to create software to predict and influence voters' choices at the ballot box.

The company used data collected online via Facebook to segment voters by their personalities and behavior. The information was then used to target Facebook users on content specifically tailored for them.

“If you know the personality of the people you’re targeting, you can nuance your messaging to resonate more effectively with those key groups," Cambridge Analytica CEO Alexander Nix said in a 2016 speech.

It turns out that this technique was used in the Philippine elections too.

The parent company website of Cambridge Analytica, Strategic Communications Laboratories, or SCL Group, shows it has 13 offices worldwide – including the Philippines.

In fact no other than Nix himself was in the country in the lead-up to the elections.

Nix in Manila

About a year before the presidential polls, Nix, also director of SCL, was in Manila.

Former journalist and now Presidential Communications Undersecretary Joel Egco covered Nix’s visit for the Manila Times. The article said Nix was in the country “for a research.”

Egco, who was then the president of the National Press Club of the Philippines, wrote that Nix was a guest of the NPC. 

In his article, Egco quoted Nix as saying, “While TV continue to dominate the campaign landscape, the most powerful way to win elections is to have the people themselves campaign for you. Instead of relying heavily on political surveys, campaign strategists must use those data to influence the behavior of the person.” 

In his talk, he also talked about "new strategies and tactics that are products of behavioral microtargeting, psychographic profiling, predictive analytics, and many other modern tools."

Psychographic profiling and behavioral microtargeting were the precise techniques used by Cambridge Analytica in the Trump campaign, and apparently in the Philippines, according to Facebook's disclosure of Filipinos' compromised data.

Nix has been suspended by Cambridge Analytica as recordings emerged in which he boasted of his data company playing an expansive role in Trump's 2016 campaign, doing all of its research, analytics as well as digital and television campaigns.

Egco meanwhile, now works for the administration of President Rodrigo Duterte but denies any knowledge of links between Nix or Duterte when he wrote about Nix in 2015.

Who benefited?

If Cambridge Analytica was involved in Philippine elections, which candidate benefitted?

According to a report by the South China Morning Post, the company helped Duterte, former Davao mayor and now Philippine president.

The report said that an archived version of the SCL website boasts of its role in the rebranding of its client “as a strong, no-nonsense man of action, who would appeal to the true values of the voters.”

While Duterte was not mentioned, this is the image adopted by the presidential candidate during his campaign.

The now removed section of the SCL website, which talked about their work in the Philippines, reads in full:

“In the run up to national elections the incumbent client was widely perceived as both kind and honourable, qualities his campaign team thought were potentially election-winning. But SCL’s research showed that many groups within the electorate were more likely to be swayed by qualities such as toughness and decisiveness. SCL used the crosscutting issue of crime to rebrand the client as a strong, no-nonsense man of action, who would appeal to the true values of the voters.” – Rappler.com

AKLAN, Philippines – Boracay Island in Aklan recorded 23,123 foreign tourist arrivals during Holy Week despite a significant drop in total number of inbound travelers.

This is an 18% increase from the 2017 figure. Data from the Malay Municipal Tourism Office showed that the island attracted 19,490 foreigners – mostly Chinese and Korean tourists– during Holy Week 2017.

Domestic tourist arrivals this year, however, declined by 34%, with only 22,772 tourists from 34,613 tourists in 2017.

Overall, Boracay accommodated 46,610 tourists from March 26 to April 1 – an 18% decrease in tourist arrivals from the previous year's record of 54,887 tourists.

Holy Wednesday had the most number of arrivals this year with 10,909 tourists, followed by Holy Thursday with 9,680 tourists, and Good Friday with 6,214 tourists. Below are the tourist arrivals for the rest of Holy Week:

• Holy Monday - 5,203 tourists
• Holy Tuesday - 4,906 tourists
• Black Saturday - 4,729 tourists
• Easter Sunday - 4,969 tourists

The low turnout of local tourists this Holy Week was attributed to the imminent closure of the country's prime tourist destination due to environmental woes. (READ: Duterte orders 6-month closure of Boracay)

Some travelers decided to explore other natural attractions, in response to the tourism department's call for the public to visit neighboring provinces and regions during Semana Santa.

Meanwhile, Presidential Spokesperson Harry Roque Jr said Cabinet officials discussed on Wednesday, April 4 the recommendations of the inter-agency task force to close down Boracay and carry out the island's rehabilitation. – Rappler.com

MANILA, Philippines – After President Rodrigo Duterte ordered the closure of Boracay to tourists starting late April, key government officials answered questions from the media about what lies in store for the popular tourist destination.

Rappler summarizes important details given by Presidential Spokesman Harry Roque, Environment Undersecretary Jonas Leones, Interior Assistant Secretary Epimaco Densing, and Tourism Assistant Secretary Frederick Alegre during a Palace press conference on Thursday, April 5. 

For how long will Boracay be closed to tourists? The closure will begin on April 26. The 6-month period announced on Tuesday is the maximum period. If the clean-up of the island goes smoothly and is sped up, there could be a "soft opening" of Boracay to tourists in "3 to 4 months," said Densing. 

Boracay is being closed from what? Boracay will be closed to foreign and local tourists. Entry and exit of residents will not be barred. The government said it will find a way to help tourists who had already booked tickets and hotel rooms in the island during the period covered by the closure.

This could be done with the help of the private sector, for example, airlines that are willing to refund or rebook plane tickets to another destination. Tourism Secretary Wanda Teo will also talk to tourism operators to convince hotels and resorts to refund hotel room payments or rebook their rooms for a later date.

What will happen during the 6-month closure? Before April 26, Duterte is expected to declare a state of calamity in Boracay to facilitate quicker release of funds for the clean-up.

Late April to August would be devoted to "validating" each establishment's compliance to environmental rules and regulations, especially those pertaining to the proper disposal and treatment of sewage and garbage.

A bulk of the work will be fixing the sewerage system and garbage disposal system of Boracay. The 3 sewerage lines will be rehabilitated and new water treatment facilities will be built.

The government will also dismantle 948 illegal structures on forest land. Meanwhile, there are "102 or 109" buildings or resorts that violate the 30-meter easement rule – the distance from the shoreline where construction is allowed. Owners of these buildings or resorts must voluntarily demolish them or else government will.

What about the businesses and livelihood of locals? It's not yet clear if establishments confirmed to be compliant to regulations will enjoy certain perks.

But Duterte specified that calamity funds would be used to help individuals whose livelihood will be affected by the closure. These funds should not go to businesses, he said. The Department of Labor and Employment has assured affected individuals that an initial 5,000 people will be paid minimum wage.

Roque also said that the amount of manpower needed for the clean-up itself could very well provide jobs for those workers.

What awaits violators? Owners of establishments proven to have violated laws may face cease and desist orders and even criminal cases.

How about local government officials who helped violators? The Department of the Interior and Local Government is also investigating local government officials who may be responsible for or complicit in the violations of the private sector. Administrative or criminal cases will be filed on or before April 14, the start of the election gun ban and prohibition on use of police bodyguards. – Rappler.com

MANILA, Philippines – Vice President Leni Robredo asked the Supreme Court (SC) on Thursday, April 5, to consider ballot ovals shaded by a minimum of 25% – not 50% based on outdated standards – as votes for her.

In a motion filed on Thursday, Robredo said this would prevent a "systematic decrease" in her votes, especially in her bailiwick of Camarines Sur, where the Robredos come from. 

Robredo filed this motion before the SC, sitting as the Presidential Electoral Tribunal (PET), at around 12:10 pm on Thursday. 

The PET on Monday, April 2, began a recount of votes as former senator Ferdinand "Bongbong" Marcos Jr, son of the late dictator Ferdinand Marcos, protests Robredo's victory in the 2016 elections.

On Thursday, lawyers Romulo Macalintal and Bernadette Sardillo told the PET on behalf of Robredo, "Surely, the application of the incorrect threshold, in this case fifty percent (50%), will only serve to disenfranchise the valid votes cast by a voter."

"Worse, the application of the fifty percent (50%) threshold percentage has resulted in and will result in a systematic decrease in the votes received by protestee Robredo since she overwhelmingly won in the province subject of the ongoing revision, recount, and re-appreciation of ballots," Robredo's lawyers added.  

The Commission on Elections (Comelec) itself implemented a 25% threshold percentage for the 2016 elections. This means that if a ballot oval is shaded by 25%, the vote-counting machine (VCM) will count it as a vote in the corresponding candidate's favor. 

In the 2010 elections, the threshold percentage set by the Comelec was 50%. 

The PET said it will follow this 50% threshold percentage in the recount of Robredo and Marcos' votes. – Rappler.com

MANILA, Philippines – President Rodrigo Duterte announced on Thursday, April 5, that he has accepted the resignation of Justice Secretary Vitaliano Aguirre II.

"I accepted the resignation of Vit Aguirre, my fraternity brother," Duterte announced in a Palace event on Thursday.

There had been talk about Aguirre's impending departure from the Duterte Cabinet even before the Holy Week, but the justice chief's attendance at a Cabinet meeting on Wednesday, April 4, seemed to suggest otherwise. At the end of the Cabinet meeting, Aguirre even had his photo taken beside Duterte, which he released to the media.

During a Palace briefing on Thursday hours before Duterte's announcement, Presidential Spokesperson Harry Roque said that "there was no indication" that Aguirre was on the way out, based on what happened at the Wednesday Cabinet meeting.

The justice chief's resignation follows weeks of speculation after Presidential Spokesperson Harry Roque said changes in the Cabinet were underway due to Duterte's dissatisfaction with some secretaries.

Aguirre had earlier said he did not feel alluded to by the President's statement.

Drug lords issue

Talks about Aguirre's departure from Duterte government started mid-March when the Department of Justice (DOJ) panel of prosecutors dismissed drug trade charges against self-confessed drug lord Kerwin Espinosa and his alleged partner in the Visayan drug trade, Cebu-based businessman Peter Lim.

Lim was among the first alleged drug lords to get a death threat from Duterte himself early in his administration. The dismissal of charges against the alleged big-time drug lord raised doubts on the legitimacy of the government's war on drugs. 

It also put the DOJ at odds with the police, as panel of prosecutors blamed the latter for giving them weak evidence against the alleged drug lords. The Philippine National Police, in turn, criticized the prosecutors for not giving police a heads up that they needed stronger evidence against the suspects.

Duterte was furious over the dismissal of charges, and had "joked" about putting Aguirre behind bars if charges against Espinosa and Lim are dismissed with finality, according to his spokesman. This prompted Aguirre to assemble a new team to conduct fresh investigations into the charges.Lim is scheduled to appear before the DOJ on April 12 for new hearings.

Controversies

In the weeks that followed, more controversies hounded Aguirre and the DOJ.

Aguirre put alleged pork barrel scam mastermind Janet Lim-Napoles under provisional state protection. It was also revealed that Napoles' lawyer, Stephen David, enjoyed easy access to him and Executive Secretary Salvador Medialdea.

The DOJ also dismissed charges Bohol Board Member Rey Niño Boniel charged of parricide for killing his wife, Bien-Unido Mayor Gisela Bendong-Boniel. Police involved in the investigation of the case officials slammed the decision as "disturbing and alarming."  Following outrage over the ruling, Aguirre overturned his prosecutors' dismissal in a resolution he signed himself.

Meanwhile, Cebu City Mayor Tomas Osmeña has accused Aguirre of manipulating the Cebu prosecutors into clearing BDO Unibank of its tax liabilities.

The two have threatened suits against each other.

Fraternity brothers

Aguirre has a long relationship with Duterte. He was a batch ahead of the President at the San Beda Law School, but both are members of the formidable Lex Taleonis Fraternity. (READ: Vitaliano Aguirre: 'Fake news' king to opposition, 'bright boy' to Duterte)

Aguirre served as lawyer for a Davao policeman who was accused of leading killings under the so-called Davao Death Squad (DDS).

Aguirre has been floated as one of the candidates for the PDP-Laban's senatorial slate, but he was left out of the list when the party announced a lineup last March.

Aguirre is the 9th official to leave the Duterte Cabinet.

Other former Cabinet officials are Vice President Leni Robredo who was forced to resign from her post as housing czar; Interior Secretary Ismael Sueno who was fired by Duterte; and Information and Communications Technology Secretary Rodolfo Salalima who also resigned.

Cabinet officials who left their posts after failing to get the nod of the Commission on Appointments are Foreign Secretary Perfecto Yasay Jr, Environment Secretary Gina Lopez, Social Welfare Secretary Judy Taguiwalo, Agrarian Secretary Rafael Mariano, and Health Secretary Paulyn Ubial. – With a report from Lian Buan / Rappler.com

MANILA, Philippines (UPDATED) – Metro Manila's top cop will be the next Philippine National Police (PNP) chief, said President Rodrigo Duterte on Thursday, April 5.

"Chief [PNP], it's Albayalde," he said during the awarding of farmers and fishermen in Malacañang.

Duterte said he was considering two other candidates for the post. When he asked people "from Davao," they said that one of the choices was too nice.

"'Sir 'yan sir, mahusay 'yan sir, mabait. Tapos si Albayalde, 'Sir, masyadong istrikto 'yan.' 'Yan si Albayalde ang inyo. Then Albayalde is the man for you. So the stricter the better," said the President.

('Sir, that one is competent, kind.' Then for Albayalde, 'Sir, he's too strict.' So Albayalde is for you. Then Albayalde is the man for you. So the stricter the better.)

Albayalde is currently National Capital Region Police Office (NCRPO) regional director. He and current PNP chief Director General Ronald dela Rosa were batch mates at the Philippine Military Academy, belonging to the Sinagtala Class of 1986.

Before serving as Metro Manila police chief, Albayalde headed the Pampanga Provincial Police Office.

Dela Rosa's term extension by 3 months ends this month. Albayalde is set to take his oath as PNP chief on April 18, said Presidential Spokesman Harry Roque.

Dela Rosa is set to head the Bureau of Corrections (BuCor) after he leaves the PNP.

Back in December 2017, Duterte had reportedly been considering someone else to be PNP chief after Dela Rosa – the PNP's number two, Deputy Director General Ramon Apolinario. Apolinario had once served as Davao City police chief, like Dela Rosa. He had even been among Duterte's choices to be his first PNP chief. – Rappler.com

MANILA, Philippines – When Oscar Albayalde found out that he was going to be the next Philippine National Police (PNP) chief, he only had 3 words to describe how he felt: "Masayang, masayang, masaya." (So, so, so happy.)

"I am elated the President, no less than the President, gave me his trust and confidence," a chuckling Albayalde told Rappler in a phone interview on Thursday, April 5.

It's not surprising that the two-star general could not help but contain his laughter in the conversation. (READ: Who is Oscar Albayalde, the next PNP chief?)

The current National Capital Region Police Office (NCRPO) chief, Albayalde admitted it was "a big surprise" for him to be considered in the first place as he had never been assigned to Davao – unlike the current top cop Director General Ronald dela Rosa and other top contenders for PNP chief.

"It's really a big surprise, unang-una because I am not from Davao. Sinabi sa akin I am being considered, but I had no Davao connection. I am not from Davao, so doon pa lang sa na-consider ako, heads up, warning, siyempre medyo elated na," Albayalde added.

(It's really a big surprise, first because I am not from Davao. I was told I was being considered, but I didn't have any Davao connection. I am not from Davao, so just the fact that I was considered and given a heads up, a warning, I was already quite elated.)

A native of San Fernando City in Pampanga, Albayalde has never been assigned in Davao City or the Davao Region.

What's the key to his appointment? Albayalde said he has nothing to be proud of but his "achievements and accomplishments," especially in his stint now as the top cop of Metro Manila.

As the chief of the country's most developed, most populous, and most crime-ridden region, Albayalde has been through a lot under Duterte's term – from facing criticism for the bloody war on drugs to the tragic Resorts World Manila shooting and inferno, up to tracking terrorists in Metro Manila.

Albayalde said he was endorsed by no less than current PNP chief Dela Rosa and Department of the Interior and Local Government Officer-in-Charge Eduardo Año – two of President Duterte's most trusted security officials.

Prior to serving as the Metro Manila police chief, Albayalde headed the Pampanga Provincial Police Office. – Rappler.com

MANILA, Philippines – Opposition senators on Thursday, April 5, welcomed the resignation of Justice Secretary Vitaliano Aguirre II, saying the people deserve someone who is “credible, capable, and respectable” at the helm of the Department of Justice.

“Sa mata ng taumbayan, pawala na nang pawala ang kredibilidad ni dating Justice Secretary Aguirre sa bawat kapalpakan at palihis na kilos nito (Outgoing Justice Secretary Aguirre has lost credibility before the public with each blunder he committed),”  Senator Paolo Benigno "Bam" Aquino IV said in a statement.

“The Filipino people deserve a credible, capable, and respectable Justice Secretary who will lead with integrity and rebuild our trust in the Department of Justice,” he added.

Senator Risa Hontiveros called Aguirre's resignation a "hollow gesture" considering the "damage" done by the official during his nearly two-year stint in the Department of Justice.

"The damage is done. By being allowed to stay in his post for the longest time, Mr Aguirre turned the justice department into a leading purveyor of fake news, a manufacturer of fake legal cases to harass the opposition, and a refuge for drug lords, plunderers, and other high-profile criminals," Hontiveros said. 

"Our justice system is now in shambles, with more and more people trusting it less and less. Mr Aguirre's resignation is a hollow gesture. Sorry, but 'too late the hero for 'justice zero,'" she added.

Hontiveros added, however, that  Aguirre's departure from office is a "clear victory against injustice and impunity."

She appealed to the public to keep a close eye on the selection of the next justice secretary. 

"I urge the public to continue to exact accountability from this administration and closely follow the Executive branch's process of appointing a new DOJ chief. We need to build on this victory to fully rehabilitate our justice system and restore the people's confidence in our democratic institutions," Hontiveros said.

Malacañang later announced that the President has chosen Senior Deputy Executive Secretary Menardo Guevarra to replace Aguirre.

Not yet off the hook

In a statement on Wednesday, April 4, when it was reported that Aguirre was on his way out, Senator Francis Pangilinan cited Aguirre’s “long and serious” list of blunders that justify his replacement.

“From one blunder to the next, Secretary Aguirre, wittingly or unwittingly, has been showing how unfit he is for the position,” he said in a statement.

The list includes being linked to the P50-million Bureau of Immigration bribery scandal, spreading false information against lawmakers over the Marawi siege, downgrading the murder charges against cops in the death of Albuera Mayor Roland Espinosa, clearing former Customs officials including Nicanor Faeldon in the P6.4-billion shabu smuggling case, and the continuing drug trade in the National Bilibid Prison under his watch.

Senator Grace Poe, for her, part, said that the resignation of any Cabinet official should not absolve him of any abuses or oversight he might have committed while in office.

"Whether the exit was graceful or unceremonious,  one thing is also certain – the actions undertaken by the resigned official while in office can be assessed and if abuses or oversight were committed, he cannot claim immunity from having to account for them," Poe said.

"Hindi maaaring kapag napaso sa publiko, papalitan na lang nang walang kaparusahan o pagkastigo man lang (It cannot be that an official would just be replaced without being punished or castigated)," she added. – Rappler.com

MANILA, Philippines (UPDATED) – Senator Loren Legarda on Thursday, April 5, urged government agencies to provide assistance to workers who will be affected by the looming closure of Boracay.

Legarda pointed out that the Department of Labor and Employment (DOLE) has a budget of P2.3 billion for 2018 under the Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced (Tupad) Workers Program. DOLE said a total of 17,735 workers will be affected by the closure.

"We increased the funding for DOLE's Tupad Workers Program because it helps cushion the effects of unemployment, especially for laid-off or retrenched workers, as well as for self-employed workers whose livelihoods have been damaged by disasters and other crises, such as the impending temporary closure of Boracay," said Legarda, who also chairs the Senate committee on finance.

On Wednesday, April 4, President Rodrigo Duterte ordered the closure of Boracay starting April 26, saying he wants "funds to be devoted to assisting residents" whose livelihoods will be affected.

Legarda said the Department of Social Welfare and Development (DSWD) could also provide aid through its cash-for-work program. (READ: CHEAT SHEET: What to expect from Boracay closure)

"I hope that this is part of the Department of Tourism's (DOT) recovery plan for Boracay. It would be best to assess who among those who will be displaced can be hired as workers to carry out the rehabilitation plan," the senator said.

Legarda also called for business establishments' full cooperation to speed up the rehabilitation of the island.

Meanwhile, Senator Joel Villanueva said the government should first put in place a concrete plan for workers.

He also pointed out that calamity funds won’t be able to cover the rehabilitation needs should the President declare a state of calamity, so an additional budget should be allocated.

"Regardless of the length of shutdown, there is a disruption [of] livelihood," Villanueva added.

Livelihoods at stake

In a phone interview on Thursday, Labor Undersecretary Joel Maglunsod said DOLE has already completed profiling of workers who will be affected by the closure.

"We started profiling in February to be prepared in the event that the closure happens. Rest assured that livelihood programs – such as the Tupad program – will be implemented," Maglunsod said in a mix of English and Filipino.

However, an infrastructure think tank noted that DOLE's Tupad program should be able to match the existing wages of workers in the island.

"DOLE's Tupad program should be implemented for Boracay as well, but it should be able to approximate the existing wages and salaries of the affected service and informal workers," said Terry Ridon, convenor of InfraWatchPH.

Back in February, Duterte announced his intention to "close" Boracay, saying that the popular tourist destination has turned into a "cesspool."

But stakeholders argued that closing the island for a year would take away jobs of some 36,000 people and would mean major revenue losses.

The National Economic and Development Authority (NEDA), however, said a 6-month closure of the tourist area would have minimal impact on the economy. – Rappler.com

Boracay image via Shutterstock

MANILA, Philippines (3rd UPDATE) – Senior Deputy Executive Secretary Menardo Guevarra was sworn in as secretary of the Department of Justice (DOJ) on Thursday, April 5, following the resignation of Vitaliano Aguirre II.

Presidential Spokesperson Harry Roque said in an interview with reporters that President Rodrigo Duterte just signed Guevarra's ad interim appointment that day, shortly after Aguirre's resignation was announced.

Asked why the President chose Guevarra to replace Aguirre, Roque said Guevarra is known for his "expertise in the law and his integrity."

{source}

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">LOOK: <a href="https://twitter.com/hashtag/PresidentDuterte?src=hash&amp;ref_src=twsrc%5Etfw">#PresidentDuterte</a> signs appointment papers of SDES Menardo Guevarra. | Palace photos <a href="https://twitter.com/rapplerdotcom?ref_src=twsrc%5Etfw">@rapplerdotcom</a> <a href="https://t.co/Y0uIkpPuJ5">pic.twitter.com/Y0uIkpPuJ5</a></p>&mdash; Pia Ranada (@piaranada) <a href="https://twitter.com/piaranada/status/981840204989386752?ref_src=twsrc%5Etfw">April 5, 2018</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

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Guevarra is known as the right-hand man of Executive Secretary Salvador Medialdea, having worked together in the same law firm. A crucial Malacañang workhorse, he is responsible for penning important Palace issuances such as executive orders and memorandum orders signed by Duterte.

He was the one who drafted, for instance, Duterte's martial law proclamation when the Marawi crisis exploded.

Guevarra has become a familiar face recently because he served as Malacañang spokesman while Roque was in Austria for Holy Week.

Before serving in the Duterte administration, Guevarra was already a Palace official during the administration of Benigno Aquino III, serving as deputy executive secretary for legal affairs. He had then been appointed commissioner at the Philippine Competition Commission.

Guevarra graduated from the Ateneo Law School and placed second in the 1985 bar examinations. He taught law at his alma mater. – Rappler.com

MANILA, Philippines – The government panel negotiating peace with communist rebels has contacted their counterparts in the National Democratic Front (NDF), beginning work for the possible resumption of talks. 

Government negotiator Hernani Braganza told Rappler he had spoken with NDF chief negotiator Fidel Agcaoili, who, he said, welcomed the pronouncements of President Rodrigo Duterte to resume the talks. (READ: Joma to Duterte: We are ready to resume peace talks ASAP)

"We are now in comunnication with them. Okay naman sila (They are okay)," Braganza told Rappler on Thursday, April 5. "We are texting." 

The NDF represents the Communist Party of the Philippines and its armed wing New People's Army in talks with the government. They are responsible for Asia's longest running communist insurgency. 

What are the first steps in resuming talks? The panel is scheduled to meet on Friday, April 6, to discuss how they are going to move forward with the "conditions" set by Duterte, which include a bilateral ceasefire agreement. 

"There will be a panel meeting tomorrow. Pag-uusapan ang (We will discuss) preparatory measures. We have to move based on the instructions of the President," Braganza said. 

Braganza was assigned to discuss the details with Agcaoili. "We're happy with the developments to resume the peace negotiatons. The President's statement – 'Let's give it a last chance' – is definitely a welcome development," he said.

"Our job is to resume the talks. I'm being dispatched to talk to Agcaoili on how to resume the formal talks," he said.

The panels have been seeking to finalize agreement on the most contentious issue in the peace talks; the Comprehensive Agreement on Socio-economic Reforms (CASER).

The panels seek to address the root cause of the armed conflict by amending government policies on agrarian reform and national industrialization. 

When can talks resume? "The sooner, the better.... It's better if we can start informal meetings to discuss extensively the agenda," said Braganza. But a lot of work is still needed for both panels to formally return to the negotiating table. 

On Friday, the government panel will meet to discuss the "agenda," apparently referring to the "conditions" set by Duterte in resuming the talks. 

Duterte demanded for the rebels to agree to a bilateral ceasefire and to stop collecting revolutionary taxes.

Defense Secretary Delfin Lorenzana also enumerated these other conditions from Duterte: no coalition in government with them, no attacks on government forces and civilians, no destruction of properties, no expansion and recruitment, and no roaming around with firearms. (READ: Lorenzana sets conditions for joint ceasefire with communist rebels)

Braganza said he doesn't think these are preconditions. "Both parties agree that there are no preconditions. There is a difference between conditions and the agenda. Ceasefire has always been a part of the agenda. These are not preconditions," Braganza said.

"Assuming it is considered a condition, there is no problem with that. These are part of the protracted negotitions. As long as both parties are open, it is a welcome development," he said.

When can we expect ceasefire declarations? It will take time. But Braganza is confident that both sides will work on this. "Mukhang eager ang dalawang partido (Both parties appear to be eager)."

"As of now there are no formal talks. The negotiations were cancelled. Our job is to resume talks formally. Once the talks resume, that is the time we can formally agree on a ceasefire," Braganza said.

When talks resume, Braganza said the government panel will recommend that they will hold more informal meetings in the Philippines to fast-track discussions. – Rappler.com

MANILA, Philippines – Western Mindanao Command (Wesmincom) chief Lieutenant General Carlito Galvez Jr will be the next Armed Forces of the Philippines (AFP) chief, Malacañang announced on Thursday, April 5.

Presidential Spokesman Harry Roque told this to reporters during a sudden press briefing in the Palace grounds on Thursday evening.

Galvez will take the place of AFP chief General Rey Leonardo Guerrero, who is retiring on April 24, after Duterte extended his term by 4 months. Galvez is set to retire in December.

Roque also said Galvez will take his oath as new AFP chief on April 18, also the date when incoming Philippine National Police chief Oscar Albayalde will take his oath.

The 53-year-old soldier brings to the post a rich combat and administrative experience dealing with threat groups in some conflict areas in the country, as the Duterte administration strives to implement a  4-year-old peace deal with the Moro Islamic Liberation Front.

Galvez had served as the commander of the 6th Infantry Division based in Maguindanao. He was then tasked to protect the government's ceasefire with the MILF based in the province, and to deal with various peace spoilers such as the MILF breakaway group, the Bangsamoro Islamic Freedom Fighters (BIFF).

He is a member of the Philippine Military Academy Class of 1985. – With reports from Carmela Fonbuena/Rappler.com

MANILA, Philippines – The anti-graft court Sandiganbayan denied the motion of the lawyers of fugitive former budget undersecretary Mario Relampagos to withdraw as his counsel.

Relampagos was a co-defendant in 300 counts of graft and malversation cases for alleged participation in multi-billion-peso scams involving the Priority Development Assistance Fund (PDAF) and Malampaya Funds. While on an official trip to the US, Relampagos jumped bail, telling his lawyers that he has “lost all trust in the justice system.”

Relampagos is a co-accused in pork scam cases of former senators Bong Revilla, Jinggoy Estrada and Juan Ponce Enrile. In those 3 cases, Relampagos was found to have signed 42 documents ordering the release of over P1 billion to fake nongovernmental organizations or NGOs.

The De Guzman Dionido Caga Jucaban and Associates Law Offices filed a motion, indicating that their client no longer intends to face trial. Relampagos’ lawyers Godofredo De Guzman, Arnold Caga, and Christopher John Lao told the court that their client called them on January 2 to let them know he was in hiding and no longer intended to face his cases.

He said he jumped bail partly because he could no longer afford legal expenses for bail bonds. The former DBM official went to the US in December an annual meeting of finance officials in Washington, DC and never returned. He also visited his daughter and grandchildren in Las Vegas.

Relampagos’ passport was ordered canceled and the court declared him a fugitive  from justice after he jumped bail. His cash and travel bonds were forfeited in favor of the government and a new arrest warrant was issued against him.

His lawyers told the court they could no longer continue as legal counsel of Relampagos because he has refused to listen to their advice for him to return home. But the court told them they need the consent of their client.

The Sandiganbayan said the same set of lawyers is still “in the best position” to defend Relampagos since they have defended him from the very start of the proceedings. Besides, they also handle the cases of other budget officials whose arguments are similar to those of Relampagos, the court said. – Rappler.com