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U.S. says Iran nuclear inspections must continue

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The flag of the Islamic Republic of Iran (center) flying at United Nations headquarters in New York, July 2016. Loey Felipe/UN Photo

WASHINGTON DC, USA – The White House wants intrusive inspections of Iran's nuclear sites to continue despite President Donald Trump's withdrawal  from a landmark accord on Tehran's atomic program, US officials have told Agence France-Presse (AFP).

Days after the US president walked away from a 3-year-old deal that mandated rigorous scrutiny of Iranian facilities, senior administration officials said monitoring should continue regardless.

Known officially as the Joint Comprehensive Plan of Action (JCPOA), the deal between Tehran and major world powers forces Iran to open any site to inspectors within 24 days at most and introduced 24-hour remote surveillance at some sites.

Supporters of the Obama-era accord argue it provided "the world's most robust" monitoring regime, allowing access to the Islamic republic's most sensitive nuclear sites.

Speaking at a rally in Indiana on Thursday, May 10, Trump said tough inspections were still needed.

"We must be able to go to a site and check that site. We have to be able to go into their military bases to see whether or not they're cheating," he said.

The White House is demanding the existing inspection regime, however imperfect, continue under the aegis of the International Atomic Energy Agency, the UN nuclear watchdog.

"We expect Iran will continue to implement the Additional Protocol and cooperate with the IAEA whether or not the JCPOA remains in place," one senior administration official said.

A second official confirmed to AFP on Thursday that Washington still wanted the inspections.

Other signatories to the Iran deal– including Tehran, China and European powers – have vowed to press ahead with the agreement's implementation.

But officials are privately skeptical about how long it can survive, particularly if the United States imposes sanctions on European companies doing business in Iran.

And non-proliferation experts have warned that a vital window into Iran's nuclear activities could be lost.

"If the agreement collapses, Iran is under no obligation to implement any of these provisions, either the Additional Protocol or the deal-specific measures," said Kelsey Davenport, director for nonproliferation policy at the Arms Control Association.

"The nuclear deal with Iran put the country's program under a microscope," she told AFP, saying the measures serve as "an early warning system that will set off alarm bells if Iran tries to cheat on its commitments or conduct illicit activities."

Are inspections effective?

Since the nuclear accord was reached in 2015, the IAEA has carried out hundreds of inspections inside Iran.

That includes monitoring at Fordo, an underground fuel enrichment plant inside a base used by Iran's powerful Islamic Revolutionary Guard Corps.

The JCPOA adds an extra layer of scrutiny not found in existing accords, including monitoring of mines and restrictions on multi-point detonation systems and nuclear computer simulations.

The IAEA has so far confirmed that Iran is adhering to its "nuclear-related commitments," although the US administration questions that conclusion.

"You cannot say that Iran is in compliance unless you are 100% certain that the IAEA and our intelligence are infallible," said US national security advisor John Bolton.

That approach has left some questioning why the administration wants monitoring to continue at all.

"If they don't trust the inspections, I don't know why they would be strongly encouraging Iran to comply," said Corey Hinderstein, a fuel cycle expert who previously worked on implementation of the deal at the Department of Energy.

"The fact is the inspections are and have been effective," she said.

American citizens are working on the IAEA inspection team, but are based in Vienna, not on the ground in Iran.

Hinderstein said there is every indication that the US is preparing to pull out of other non-inspection mechanisms in the agreement, including converting the Arak heavy water reactor and the "procurement channel" that regulates the import of dual use materials to Iran.

Trump has described the agreement as "the worst deal in history" and vowed to renegotiate it.

He has also warned that Iran will be punished if it returns to military-scale uranium enrichment.

"If the regime continues its nuclear aspirations, it will have bigger problems than it has ever had before," Trump said. – Rappler.com


With Sereno ouster, SC committed ‘hara kiri’ on judiciary’s independence – lawmakers

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INDEPENDENT SC NO MORE? Supporters of ousted Chief Justice Maria Lourdes Sereno continue their protest along Taft Avenue on May 11, 2018. Photo by Maria Tan/Rappler

MANILA, Philippines – Opposition lawmakers decried the ouster of Chief Justice Maria Lourdes Sereno, saying the Supreme Court (SC) did a “bludgeoning” of the independence of the judiciary. 

Albay 1st District Representative Edcel Lagman even used the Japanese term “hara kiri” to condemn the SC voting 8-6 to grant the quo warranto petition that led to Sereno’s ouster on Friday, May 11. (READ: After ouster as CJ, Sereno says ‘the fight has just started’)

“The majority of the Supreme Court committed hara kiri with its bludgeoning the independence of the judiciary and desecrating the sanctity of the Constitution by ousting Chief Justice Maria Lourdes Sereno in an improvident quo warranto proceeding,” said Lagman.

Hara kiri, according to Merriam-Wesbter, means the ritual suicide by disembowelment practiced by the Japanese samurai to substitute for the the death penalty.  

Lagman said the SC has “no jurisdiction” to remove the Chief Justice in a quo warranto action, because the 1987 Constitution only mandates her removal through impeachment by the House of Representatives and conviction by the Senate. 

Akbayan Representative Tom Villarin described the day of Sereno’s removal from office as a “sad day for democracy and the independence of the judiciary.” (READ: Senators on Sereno ouster: ‘Black day for justice’)

“Ousting a duly appointed Chief Justice without impeachment has dealt a fatal blow to what remains of the checks-and-balances in our already embattled democracy under President Rodrigo Duterte,” said Villarin.

He said the SC ruling allegedly “affirms” President Rodrigo Duterte’s resolve to crush his opponents in all branches of government. 

“The Punisher has forcefully turned our justices into witnesses and judges in a kangaroo court. He sends a clear threat with no veil: No one can stand on his way, especially smart, strong, and principled women,” said Villarin. 

“This comes with a chilling effect not only for the political opposition but also for members of judiciary, who now sit with no security given this dangerous precedent. But Akbayan will not be cowed by such threats. We will continue to fight for the rule of law, firmly against the rule of one strongman,” he added. 

Back to Marcosian era?

Progressive lawmakers from the Makabayan block said the ouster of Sereno shows the SC now is reminiscent of the High Court that had ushered in the Marcos dictatorship decades ago. 

“Similar to the role the Supreme Court played in ushering in the Marcos dictatorship, the Supreme Court has, once again, proven how it serves to protect the interest of whoever is in power,” said Kabataan Representative Sarah Elago.

She said Kabataan “strongly condemns” the SC’s alleged attempt of “distorting well-established legal principles” and in playing a role in the “official installation of a strong, one-man rule.” (READ: [OPINION] Marcos and Duterte: Strongmen’s changing playbook)

“We hold the justices of the Supreme Court, and all of Duterte’s cohorts in a rotten and disintegrating political gamefield, liable for the sanctioning of another Marcosian era,” added Elago. 

Bayan Muna Representative Carlos Zarate shared the same sentiments. 

"The SC justices who voted to oust CJ Sereno have also voted to surrender its institutional power to tyrrany and now openly exposing its illusory independent position," he said.

Zarate, however, believes the the blame is not on SC alone.

"From the executive, the House of Representatives and the Supreme Court – all have conspired to abandon the pursuit of the rule of justice. What is happening now is a glaring example of the faults, disadvantages and fallacies of a government run by the elite,” he added.  

The House justice committee already approved the articles of impeachment against Sereno on March 8 after holding months of hearings.  

House Majority Leader Rodolfo Fariñas said they will first wait for the SC’s decision on the motion for reconsideration Sereno plans to file before voting on the articles of impeachment at the plenary.– Rappler.com

Dela Rosa wants to move Bilibid to Nueva Ecija

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TRANSFER EYED. BuCor chief Ronald dela Rosa wants to bring Bilibid to Nueva Ecija. Photo by Angie de Silva/Rappler

MANILA, Philippines – New Bureau of Corrections chief Director General Ronald dela Rosa wants the New Bilibid Prison to be transferred to a new mega-facility in Nueva Ecija.

In a one-on-one interview with Rappler, Dela Rosa said that if this were to push through, this would solve all the problems of the national penitentiary.

"Kung ako, oo, gusto ko talagang mag-gawa ng mega-facility na brand new. Solved na ang problema ko wala na akong problema kung merong gano'n (If you ask me, yes, I really want to build a megafacility that's brand new. My problem would be solved, I wouldn't have problems if we had it)," Dela Rosa said in the interview aired on Friday, May 11.

During the interview, Dela Rosa highlighted the problem of severe congestion inside the existing New Bilibid Prison (NBP). According to the retired top cop, the Maximum Security Compound alone of the NBP was built to only accommodate 5,000 inmates. It is now packed with over 18,000, giving jail officers a difficult time to watch over all of them.

He thinks, however, that the project to build a mega prison facility may not fly under his watch as he is also setting his sights at high elected posts.

"In as much as I want it to happen [under my watch], I don't believe it will happen," he said.

Why Nueva Ecija? Dela Rosa was referring to the repeatedly recycled plan of transferring Bilibid to Nueva Ecija, first approved in 2013 under President Benigno Aquino III. (READ: What ails the BuCor modernization law?)

The government had planned over and over to build a mega prison in the northern region instead of individually improving on the corrections facilities the BuCor handles.

Envisioned as a Public-Private Partnership project, the government had already scheduled bidding with major firms expressing interest, but auctions were postponed in 2016.

By November 2017, the government had begun floating the possibility of scrapping the grand project and just settling for a medium-sized facility, with then Justice Secretary Vitaliano Aguirre announcing that President Rodrigo Duterte prefers that the prisons remain separated and "regionalized."– Rappler.com

 

IBP to appeal Sereno ouster; lawyers called to rise up

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APPEAL. The Integrated Bar of the Philippines (IBP) will appeal the ouster of Chief Justice Maria Lourdes Sereno. Photo by Angie de Silva/Rappler

MANILA, Philippines – The Integrated Bar of the Philippines (IBP) said on Friday, May 11, that it intends to seek the reversal of a Supreme Court ruling that ousted Chief Justice Maria Lourdes Sereno.

“We are awaiting official receipt of the decision of the Supreme Court (SC) in Republic vs. Sereno, with an eye towards seeking its reconsideration or reversal,” IBP national president Abdiel Dan Elijah Fajardo said on Friday, May 11.

The SC en banc voted 8-6 on Friday to oust Sereno. 

“This is pursuant to our position that only the Senate, assembled as an impeachment court, has the power to dismiss an incumbent Justice of the Supreme Court on questions pertaining to his or her alleged lack of integrity,” Fajardo said.

However, when Fajardo and the IBP first attempted to intervene, the petition was only “noted” by the Court. (READ: After ouster as CJ, Sereno says ‘the fight has just started’)

Only Congress

According to constitutional law professor Dan Gatmaytan, it is only the Congress which has the personality to challenge the quo warranto petition.

“[The Congress] would have a stronger case because they are the party in interest, because it is their function to do what the Supreme Court is trying to do,” Gatmaytan said.

Ha added: “The IBP, it’s always hard for them to defend their personality, sometimes they say they have to make sure the law is followed. That doesn’t always work in the Supreme Court especially in a case like this.” (READ: After SC ousts her, what can Sereno do now?)

But as of Friday, either chambers have not expressed intent to challenge this ruling.

At most, Senate President Aquilino “Koko” Pimentel III issued a statement asserting the Senate’s right “as the one and only impeachment court.” Words, though, will not make much difference.

The Senate has to act as a body and go to the SC and challenge jurisdiction.

Final nail in the coffin

The ouster was also slammed by prominent legal groups.

The National Union of Peoples’ Lawyers (NUPL) called on lawyers to join upcoming protests.

“The NUPL calls on all members of the bench and the bar nationwide to step-up the protests against the breakdown of the so-called rule of law and the erosion of judicial independence in all legitimate forms and fora possible,” the group said in a statement.

The Free Legal Assistance Group (FLAG) said the decision was the “final nail in the coffin of judicial independence.” (READ: Disbarment threat hangs over Sereno’s head in SC ouster)

“Its signals a new era of judicial obsequiousness to the executive and legislative departments,” said Chel Diokno, FLAG chairman and dean of the De La Salle College of Law.

Diokno added: “With this decision, the Court has not only emasculated its own powers, it has abdicated its great role as guardian of the Constitution.”

Diokno appealed to the concurring justices to “reconsider their votes, set aside their personal feelings and sentiments, and resolve this case purely and squarely on the basis of the Constitution.”Rappler.com

Sereno ouster opens 'bottomless pit of power' for SolGen, says Drilon

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NOW MOST POWERFUL OFFICIAL? Solicitor General Jose Calida does the signature fist sign of President Rodrigo Duterte. File photo by Rappler

MANILA, Philippines – Senate Minority Leader Franklin Drilon said the Supreme Court’s (SC) ouster of Chief Justice Maria Lourdes Sereno has made the Solicitor General the “most powerful official” in the land.

“This decision has opened a bottomless pit of power for SolGen,” Drilon said in a statement on Friday, May 11, after the SC voted 8-6 to grant Solicitor General Jose Calida’s quo warranto petition seeking to nullify Sereno’s appointment. (READ: After ouster as CJ, Sereno says ‘the fight has just started’)

Drilon said tha the SC ruling gives the Solicitor General the power to resort to quo warranto petitions to remove any impeachable official like the Chief Justice. (READ: With Sereno ouster, SC committed ‘hara kiri’ on judiciary’s independence – lawmakers

“With this decision, however, the power to remove an impeachable officer, including Supreme Court justices, heads of constitutional offices, and even the President is, by implication and in effect, made available to the Solicitor General by way of a quo warranto petition,” said Drilon. 

“Hence, this decision makes the Solicitor General the most powerful official in the bureaucracy, even more powerful than both the House of Representatives and the Senate insofar as the removal of impeachable officers is concerned,” he added.  

Drilong said he “totally disagrees” with the SC ruling as he believes the only “remedy on erring constitutional officers like the Chief Justice is a conviction in an impeachment proceeding.” (READ: Sereno ouster ‘brazenly tramples on' the Constitution – Robredo)

 “From the very start, we have warned that the granting of this quo warranto petition against the Chief Justice is a very slippery slope. Now we have entered into a very dangerous situation because all officers who are removable only by impeachment can now be removed through a quo warranto proceeding,” said Drilon. 

“It is a very sad episode in our political life. As an officer of the court however, I respect the decision of the Supreme Court but I register my objection,” he added.

Calida, however, believes the ouster of the Chief Justice is the “epitome of its exercise of judicial independence.”

Other senators slammed the decision, calling May 11 a "black day for justice." – Rappler.com

Duterte’s SALN for 2017 shows net worth of P28.5M

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NET WORTH. President Rodrigo Duterte's latest SALN shows a net worth of over P28 million. Malacañang file photo

MANILA, Philippines – President Rodrigo Duterte’s net worth in 2017 increased by more than P1 million, according to his latest Statement of Assets, Liabilities, and Net Worth (SALN).

Released by the Office of the Ombudsman on Friday, May 11, Duterte’s net worth was valued at P28,540,321.07 as of December 31, 2017.

This figure is P1,111,458.63 more than 2016’s P27,428,862.44. (READ: Duterte's 2016 net worth: P27.4M)

Cash on hand in 2017 also increased to P19,365,321.07 from P18,453,862.44 in 2016.

Data from Duterte’s 2017 SALN showed total assets worth P29,340,321.07.

Among Duterte’s assets, the number of real estate properties, cars, jewelries, and their values remained the same, compared to the previous year.

Meanwhile, the value of his investments decreased by P500,000 from 2016’s P1 million.

According to his SALN, Duterte also owns a total of 7 lots as well as two house-and-lot properties that are all located in Davao City, with values remaining at P1.405 million.

In addition to this, Duterte’s personal properties increased to P1.5 million from last year’s P1 million.

Aside from cash on hand, his personal properties include a Volks sedan and a Toyota Rav 4 – which were acquired in 1978 and 1996, respectively. The vehicles have a combined value of P840,000.

His household appliances and furniture are also valued at P350,000.

Duterte's only listed liability is a personal loan amounting to P800,000 from Davao-based businessman Samuel Uy, which decreased by P200,000 from 2016. Uy, a friend of Duterte, donated P30 million to the Duterte campaign, based on Duterte's Statement of Contributions and Expenditures.

Data also showed Veronica Duterte, the President’s 13-year-old daughter, has 5 real properties under her name "purchased through the exclusive funds of the mother” Cielito "Honeylet" Avanceña. 

She owns 3 lots and two house-and-lot properties in Davao City, worth a total of P3.080 million – the same worth in 2016. – with reports from Jodesz Gavilan/Rappler.com 

SpaceX postpones next-gen rocket launch

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SPACE X. In this file photo, Space X's Falcon 9 rocket is prepared for a launch to the International Space Station February 17, 2017 at the Kennedy Space Center, Florida on LC39A, one of the renovated Space Shuttle launch pads that SpaceX leases from NASA. File photo by Bruce Weaver/AFP PHOTO

TAMPA, USA – With less than a minute before launch Thursday, May 10, SpaceX aborted the liftoff of its new Falcon 9 Block 5 rocket, which the California-based company promises to be more powerful and easier to re-use.

The next launch opportunity at Cape Canaveral, Florida opens Friday, May 11, with a slightly more than two-hour window starting at opening at 4:14 pm (2014 GMT) and ending at 6:21 pm.

"The vehicle and payload are in good health," said a SpaceX spokesman.

The company later tweeted: "Standing down today due to a standard ground system auto abort at T-1 min."

{source}<center>

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Standing down today due to a standard ground system auto abort at T-1 min. Rocket and payload are in good health—teams are working towards tomorrow’s backup launch opportunity at 4:14 p.m. EDT, or 20:14 UTC.</p>&mdash; SpaceX (@SpaceX) <a href="https://twitter.com/SpaceX/status/994704699411460096?ref_src=twsrc%5Etfw">May 10, 2018</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

</center>{/source}

 

"Teams are working towards tomorrow's backup launch opportunity," it added.

The rocket's main goal for its maiden mission is to propel the first high-orbit communications satellite for Bangladesh, called Bangabandhu Satellite-1.

Eventually, the rocket is slated to launch humans to the International Space Station, aboard SpaceX's Dragon crew capsule, still under development.

The first crew launch is tentatively planned for December 2018.

When that happens, it will mark the first time since the end of the US space shuttle program in 2011 that a rocket has launched from the United States carrying people to space.

The Falcon 9 Block 5 rocket is built to re-fly up to 10 times with minimal refurbishment, SpaceX CEO Elon Musk told reporters ahead of the launch.

"We expect there would be literally no action taken between flights, so just like aircraft," Musk said.

"It has taken us – man, it's been since 2002 – 16 years of extreme effort and many, many iterations, and thousands of small but important changes to get to where we think this is even possible," he added.

"Crazy hard."

The Block 5 rocket is the final upgrade for SpaceX's Falcon 9 fleet. Next, the company plans to focus on its heavy-lift rocket, called BFR. – Rappler.com

UN takes step toward global environment pact opposed by PH, U.S.

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UNITED NATIONS. A view of the UN headquarters complex, as seen from the Visitors’ Entrance, 23 September 2014, United Nations, New York. Yubi Hoffmann/UN Photo

UNITED NATIONS – The UN General Assembly on Thursday, May 10, took a first step to create a global pact for the environment, an initiative championed by French President Emmanuel Macron but opposed by the United States.

A majority of 143 of the 193 UN member-states voted in favor of a resolution establishing a framework for the French-sponsored pact.

Five countries opposed it – Russia, Syria, Turkey, the Philippines and the United States – 7 abstained including Iran, while China was among the countries that backed the measure.

In September, Macron made a push for the global pact, which would be the first legally binding international accord that would gather all environmental rights in a single document.

US Ambassador Nikki Haley criticized the proposed pact as a collection of "vague" commitments and said it was not in the US interest to join in.

"When international bodies attempt to force America into vague environmental commitments, it's a sure sign that American citizens and businesses will get stuck paying a large bill without getting large benefits," Haley said.

"The proposed global compact is not in our interests, and we oppose it."

The resolution creates a working group tasked with identifying gaps in international environmental law and determining whether there is a need to a new regulatory structure.

The working group is due to make recommendations to the General Assembly by mid-2019 ahead of an intergovernmental conference.

"Together, it is our joint responsibility to step up our ambitions to protect the planet and give ourselves the appropriate tools to do so," French Ambassador Francois Delattre told the assembly.

President Donald Trump faced condemnation when he announced in June last year that the United States was pulling out of the Paris climate agreement, painting the accord as a "bad deal" for the US economy. – Rappler.com


House to await resolution of Sereno motion for reconsideration before plenary vote

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WAITING HOUSE. The articles of impeachment against Maria Lourdes Sereno, whom the SC ousted as chief justice on May 11, 2018, is still pending at the House of Representatives. File photo by Ben Nabong/Rappler

MANILA, Philippines – Now that the Supreme Court (SC) has ousted Maria Lourdes Sereno as chief justice, what happens to the pending articles of impeachment against her at the House of Representatives?

Lawmakers will not render it moot and academic just yet, according to House Majority Leader Rodolfo Fariñas.

Fariñas said the House will wait for the SC’s decision on the motion for reconsideration the Sereno camp plans to file after the High Court voted 8-6 to grant the quo warranto petition seeking to remove her on Friday, May 11.  

“Out of respect to a co-equal [branch] that has ruled that it has jurisdiction over the matter of the legality of the appointment of respondent Sereno, the HOR should wait for the resolution of the motion for reconsideration, if one is filed,” Fariñas told reporters.  

“The committee on rules will wait for the final resolution of the Supreme Court on the matter of the appointment of respondent Sereno, before it brings the matter for consideration of Plenary. Under our rules, the committee on rules has 10 session days from receipt of the Report of the Committee on Justice to calendar it for  consideration by the House,” he added. 

The House justice committee approved the articles of impeachment against Sereno in March, after holdings months-long hearings. Speaker Pantaleon Alvarez wanted the House to vote on it at the plenary once Congress resumes session this month.

But the SC's decision to grant the quo warranto petition against Sereno would change the House's plans.

Fariñas said the House will consider the SC’s decision on Sereno’s planned motion for reconsideration as the final basis for the plenary vote.  

“The sole purpose of impeachment proceeding is the removal of an officer from office. If such officer is no longer holding that office, the impeachment proceeding obviously becomes moot and academic,” he said.

Fariñas refused to give his comment on the SC ruling itself. Alvarez, however, praised the decision.

“It’s very encouraging that we have a Supreme Court that adheres strictly to the rule of law,” the Speaker told Rappler in a text message.

Alvarez's position is in sharp contrast to his party mate and counterpart in the Senate, who asserted the Senate's constitutional mandate to remove an impeachable officer through the process provided under the 1987 Charter. (READ: Senators on Sereno ouster: 'Black day for justice')

“The Supreme Court is supreme in a lot of things but not in everything. In impeachment matters the Supreme Court is not supreme, because the Senate is the one and only impeachment court,” said Senate president Aquilino Pimentel III.

Opposition lawmakers also said the SC committed “hara kiri” and bludgeoned the integrity and independence of the judiciary by ousting Sereno. – Rappler.com

Philippines and Kuwait sign agreement protecting OFWs

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SIGNING. Philippines and Kuwait sign an agreement protecting OFWs in the Gulf country. Photo courtesy of the Department of Foreign Affairs

MANILA, Philippines (UPDATED) – Philippines and Kuwait signed on Friday, May 11, a memorandum of agreement providing additional protection for overseas Filipino workers (OFWs) in the Gulf country.

Foreigns Affairs Secretary Alan Peter Cayetano met with Kuwaiti Deputy Prime Minister and Foreign Minister Sheikh Sabah Khalid Al Hamad Al Sabah.

Philippine officials Labor Secretary Silvestre Bello III, Presidential Spokesperson Harry Roque, and Special Envoy to Kuwait Abdullah Mamao were also part of the contingent.

The signing happened amid the diplomatic row between the two countries. Philippine Ambassador to Kuwait Renato Villa was declared "persona non grata" for the embassy's rescue of abused OFWs.

Philippine Senator Joel Villanueva, Senate committee on labor chairperson, commended the signing. He also said that “it should not only be on paper” and actually prevent abuses.

"The MOA…should not just be in paper as no less than the labor laws of Kuwait guarantees better labor conditions for our OFWs including the prohibition on confiscation of workers' passports," Villanueva said in a statement late Friday.

Villanueva urged the the Philippine government to be “proactive in engaging the Kuwaiti government” for OFWs to be given the necessary protection they need.

What it covers: The memorandum of agreement will cover all household service workers and skilled workers deployed in the Gulf state. Its salient features include the following:

  • Employers cannot confiscate the passports and other travel documents of Filipino workers
  • Filipino workers must be allowed to use their phones
  • Transfer of workers to another employer should be with the consent of the Filipino worker or with the go-signal of the Philippine Overseas Labor Office

The agreement also covers repatriation of OFWs in shelters and those awaiting rescue, the activation of a 24/7 hotline for distressed workers in need of assistance, and the creation of a special police unit that would assist the Philippine embassy in rescue operations.

Talks were revived earlier this year, after household service worker Joanna Demafelis was discovered dead in a freezer in Kuwait. The issue led the Philippines to declare a total deployment ban to the Gulf state.

A copy of the agreement is yet to be available to the media.

Why it matters: The Overseas Workers Welfare Administration recorded a total of 196 deaths of Filipino workers in the Gulf country since 2016.

This figure is on top of 6,000 cases of abuse, sexual harassment, and rape filed with the Philippine embassy in 2017.

Philippine labor deployment to Kuwait continued in the past, even if the latter was only "partially compliant" with Philippine labor regulations. The agreement on protection has been pending for two years. – Rappler.com

13 barangay candidates on Baguio Tokhang list

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BAGUIO CITY, Philippines – Not two, but 13 barangay election candidates are under Tokhang program

Not content with the two barangay candidates in the Philippine Drug Enforcement Agency’s list, Baguio decided to look at its own list and found 11 more.

The Baguio City Police Office (BCPO) said that the list of 13 aspirants for elected positions in the upcoming barangay and Sangguniang Kabataan (SK) elections allegedly involved in illegal drugs was based on the verifications done by combined police operatives and intelligence agents.

The BCPO said that in their list, two decided not to file their certificates of candidacy (COC), one is on his last term and will no longer run in the upcoming election, one is currently detained and one already dead. Also, one of those on the list reportedly went abroad since May 2016 and never came back to serve his constituents.

Based on the BCPO report, the 12 barangay officials reportedly surrendered to the police during the height of the Tokhang campaign while one of them was arrested during a buy-bust operation and is now detained in the Baguio City jail male dorm.

Meanwhile, a candidate for barangay captain in Mankayan town in Benguet was jailed for threat, physical injuries and illegal possession of deadly weapon.

Julieto Cleto Fagwan, who is running for barangay captain at Balili, reportedly stabbed Daniel Simon Batoon, 28, and threatened another when he was teased about his political plan last May 4.

The residents who subdued him recovered a knife from him. He is now detained at the Buguias jail and Mankayan Police Chief Orlando Bakisan said he will recommend that Fagwan’s name be taken out from the ballot. – Rappler.com

2 security guards dead in Katipunan condominium shootout

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MANILA, Philippines (UPDATED) – Two security guards belonging to different agencies were found dead in Burgundy Plaza, a residential building along Katipunan Avenue in Barangay Loyola Heights, Quezon City Friday afternoon, May 11.

According to the initial police report, there appears to have been a shootout between the two security guards, as both were found bloodied.

One guard was identified as belonging to Detectnet Security Agency, while the other was identified to be from the Onerca Security Agency.

No suspect or motive has been established, the police said, but they are looking into the possibility that the shootout is linked with an ongoing dispute among residents of the building.

 

Rappler spoke to Leighton Siazon, lawyer for one of the groups, to trace the beginnings of the dispute. As of posting, we are still contacting the law firm that represents the other group. 

Burgundy Plaza is home mostly to students of nearby schools: Ateneo de Manila University, Miriam College, and the University of the Philippines.

What the fight is about: Burgundy Plaza had an old board, which had been backed by the company that built the building, Burgundy Realty Corporation.

The old board handled Burgundy Plaza until they were called out by the Quezon City government in 2006 for allegedly not remitting real estate taxes they collected from residents.

The local government eventually levied the building and later put it up for auction. 

This made unit owners worry, so they organized themselves into a separate board to manage and maintain the property. They are the ones represented by Siazon.

The new board was elected in April 2017 and was recognized by the Quezon City Regional Trial Court (RTC) Branch 93.

The old board, however, has stayed put and continued to send out advisories to unit owners, insisting they were the official board. 

They filed an appeal before RTC Branch 93 to continue managing the building, but their petition was junked.

Two security agencies: As with all residential buildings, Burgundy Plaza employs security guards. The board is in charge of this.

The old board employed Onerca, while the new board hired Detectnet. 

Siazon claimed that the Philippine National Police Supervisory Office on Security and Investigation Agencies, the PNP office which accredits and regulates security agencies, had already ordered that Detectnet be the only security group for Burgundy Plaza.

The old board again allegedly refused to follow the order. 

Siazon recounted, based on testimonies of witnesses he talked to, that on Friday, 5 unidentified armed men stormed the building's Upper Ground Level 3, which houses the administration's room, and sprayed bullets at the Detectnet guards that looked after the room.

The Detectnet guards seemed to have put up a fight.

It is unclear whether the killed person identified as an Onerca guard was part of the 5, or he was among the patrolling guards hired by the old board. – Rappler.com

Duterte open to lifting OFW deployment ban to Kuwait

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CHIEF EXECUTIVE. President Rodrigo Duterte agrees to lift deployment ban to Kuwait. Malacanang photo

MANILA, Philippines – Philippine President Rodrigo Duterte on Friday, May 11 said he was open to lifting the deployment ban of Filipino workers to Kuwait, after the signing of  the protection agreement with the Gulf state.

In a speech in Marawi City, Lanao del Sur, Duterte reiterated his conditions late Friday for the deal such as having a "day off" and getting "at least 7 hours of sleep daily."

"Papayag ako i-lift ang ban...Kung nandiyan lahat 'yan, sabi ko, okay ako," Duterte said. (I will allow the lifting of the ban if all of those [conditions] are met, I said, I'm okay with it.)

It is not clear, however, whether the President support the full or partial lifting of the ban. President Spokesperson Harry Roque earlier said that the signing of the protection agreement may lead to the Philippine government lifting the ban partially.

The memorandum of agreement will provide additional protection to overseas Filipino workers (OFWs), which would allow OFWs to keep their passports and mobile phones. (READ: Philippines and Kuwait sign agreement protecting OFWs)

The meeting comes two weeks after Kuwait declared Philippine Ambassador Renato Villa "persona non grata" because of the embassy's rescue of distressed Filipino workers from private Kuwait homes without proper coordination with local authorities. The Kuwaiti government made the move after the Philippine Department of Foreign Affairs posted on social media a video of the rescue.

In February, the labor department issued a total deployment ban due to a "series of reports involving abuse and death of OFWs in Kuwait." 

The ban was ordered after Filipino domestic helper Joanna Daniella Demafelis, 29, was found dead in a freezer in an apartment in Kuwait. – Rappler.com

Sereno out of Supreme Court even as associate justice

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OUT. Ousted Chief Justice Maria Lourdes Sereno speaks before a crowd supporting her on May 11, 2018. Photo by Angie de Silva/Rappler

MANILA, Philippines (UPDATED) – Ousted chief justice Maria Lourdes Sereno is now out of a job.

When the Supreme Court en banc on Friday, May 11, voted 8-6 in favor of a quo warranto petition against her, they essentially ruled she had also lost her seat in the High Court.

SC Spokesman Theodore Te clarified that Sereno "cannot be an associate justice as her seat was vacated and filled by Associate Justice Marvic Leonen. So she's ousted as chief justice because that's her only position." 

This was confirmed by other High Court sources, who said that because Sereno's previous post was already filled up by another appointee, she "cannot go back to her previous position anymore," which is that of associate justice.

Leonen was appointed on November 12, 2012, after Sereno was chosen chief justice by then-President Benigno Aquino III on August 24, 2012. Appointed at age 52, she was supposed to stay in the Supreme Court as chief magistrate for 18 years but lasted less than 6 years.

Asked by reporters about her position in the Supreme Court after her press conference on Friday, Sereno said, "I haven't read the decision. Let's get there, we might find some clue there."

Asked again if she would push to stay in the Court, Sereno said: "I don't have any idea yet at this point. Right now, I really concentrated my efforts on fighting two fronts: the quo warranto petition and the impeachment but now that we are entering a new phase, let's see."

Besides the quo warranto, the en banc, in a separate vote, declared that Sereno violated the Constitution on account of her failure to file her Statements of Assets, Liabilities and Net Worth or SALNs. 

On the SALNs issue, 9 justices said Sereno violated the Constitution with her incomplete submissions: Senior Associate Justice Antonio Carpio, associate justices Teresita Leonardo de Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam, Samuel Martires, Andres Reyes Jr, and Alexander Gesmundo.

“Respondent Sereno is ordered to show cause within 10 days from receipt hereof why she should not be sanctioned for violating the Code of Professional Responsibility and the Code of Judicial Conduct for transgressing the sub judice rule and for casting aspersions and ill motives to the members of the Supreme Court,” the SC en banc said in its decision.

The charges may be used as bases for her disbarment. – Rappler.com

Sereno says there were offers to meet Duterte: He could have ended it

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OUSTER. Ousted chief justice Maria Lourdes Sereno speaks to the media on May 11, 2018, after her unprecedented ouster. Photo by Angie de Silva/Rappler

MANILA, Philippines – She is now ousted, and she is directly linking President Rodrigo Duterte to it.

Speaking to media on Friday evening, May 11, after the Supreme Court voted 8-6 to oust her, Maria Lourdes Sereno said Duterte had the ball along.

“If he does not want it, it could have ended. But it did not end. Clear as day,” the chief justice said, no longer trying to beat around the bush.

Sereno said there were “offers” to meet with the President. Media tried to clarify if the Duterte meeting were mere suggestions, or if there was an actual offer.

“May mga talagang, may mga offer, puwede po bang ‘yun ang general na gamitin kong word, pwede na ba yun? Hanggang du’n na lang po at pag iisipan ko pa later on yung tanong mo,” Sereno said.

(There were really offers, can I just use that general word for now? Let's leave it at that for now, and I will think about your question further.)

Sereno said she didn’t take up on the offer, because it was too much of a compromise.

“This is a political contest, impeachment is a political contest. So in the minds of many people, it’s a political solution, but the political solution can be deadly as the problem I want solved,” Sereno said.

She added: “I escaped one problem, which is to avoid going through an impeachment process, only to find myself in the quagmire of perception by the public that I compromised. Can I redeem myself in the eyes of the public if there will always be rumors about me compromising?”

Quo warranto

The first time that Sereno linked Duterte to the quo warranto petition filed by Solicitor General Jose Calida, the President called the Chief Justice his “enemy.”

“I am putting you on notice that I am your enemy and you have to be out of the Supreme Court,” the President said on April 9.

Sereno said that Duterte never explained why Calida initiated what she called an unconstitutional move.

“The primary question he has allowed to remain unanswered – why is it the solicitor general filing? The solicitor general that reports to him? He has not answered that. He has full control,” Sereno said.

Sereno refused to comment on concrete plans after the unprecedented ouster, only saying that she would want to be part of a “national conversation” about the flaws of the justice system and how to fix it.

Asked if a Senate run is on her mind, Sereno also did not directly answer.

“Ganito na lang, yung sinasabi dating movement, marami diyan ang naaapi, puwede silang magpadala ng komunikasyon sa grupong ito,” Sereno said, referring to groups pushing for judicial reforms and independence.

(Let's look at it this way, the movement I was talking about – many people are deprived, they can send a communication to this group.) Rappler.com 


Sereno: Junking quo warranto could have been SC’s redemption

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REDEMPTION. Ousted chief justice Maria Lourdes Sereno says dismissing the quo warranto petition could have been the Supreme Court's redemption. Photo by Angie de Silva/Rappler

MANILA, Philippines – Ousted chief justice Maria Lourdes Sereno is taking her statements against the Supreme Court (SC) up a notch when she implied on Friday, May 11, that the SC's reputation as an institution has taken a beating and that saving her from the quo warranto petition could have been its redemption.

Sana ho naging panahon para i-redeem ng Supreme Court ang sarili nya, ang majority, kasi ho may mga ikinalulungkot na pong desisyon, ngunit hindi po yun ang nangyari,” Sereno said in a press conference Friday evening after the SC voted 8-6 to oust her.

(This would have been the time for the Supreme Court to redeem itself, but the majority already had decided, so this did not happen.)

Sereno maintained up to the end that the 6 justices who testified against her in House hearings, and who she said had already showed bias, should have inhibited.

These are: Associate Justices Teresita Leonardo De Castro, Diosdado Peralta, Lucas Bersamin, Francis Jardeleza, Noel Tijam and Samuel Martires. (READ: Sereno says there were offers to meet Duterte: He could have ended it)

They are 6 of the 8 concurring justices who voted to remove her from office in a quo warranto petition, slammed by many as an unconstitutional move.

“Malinaw naman, pormal kong hinain yun, kayo ang nag-akusa, sinabi niyong hindi ako dapat sa puwesto, eh bakit hindi kayo mag inhibit?” Sereno said.

(It's clear, I formally filed hat appeal, if you were the accusers, and you said I shouldn't be in this post, then why not inhibit?)

Sereno said that considering that the 6 justices should have inhibited, the voting could have been 6-2 in her favor.

“Kung natanggal sana ang anim na ‘yun, eh di resounding victory,” Sereno said.

(If those 6 did not participate, it could have been a resounding victory.) 

She added: “What I got this morning was a moral victory, technically it was not a victory but it’s clear to everyone it was a moral victory.”

Sereno revealed on Friday that she was not actually present in the en banc room when the voting happened.

Minabuti ko na po na hindi po talaga, na lumabas na agad, ‘yun po ang minabuti ko,” Sereno said.

(I took it upon me to leave the room.) Rappler.com

After quo warranto, Supreme Court now vulnerable – Leonen

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DISSENT. Associate Justice Marvic Leonen speaks at a Democracy Forum at the Ateneo Law School in Makati on February 12, 2018. File photo by LeAnne Jazul/Rappler

MANILA, Philippines – The decision of the Supreme Court to oust Chief Justice Maria Lourdes Sereno through a quo warranto petition will leave the High Court vulnerable, Associate Justice Marvic Leonen said on Friday, May 11.

In an impassioned dissenting opinion, Leonen said the petition creates “a precedent that gravely diminishes judicial independence.”

"Even if the Chief Justice has failed our expectations, quo warranto, as a process to oust an impeachable officer and a sitting member of the Supreme Court, is a legal abomination,” Leonen wrote.

Calida now has “awesome powers"

Leonen also said the decision has rendered the Supreme Court "subservient to an aggressive Solicitor General” and "unnecessarily vulnerable to powerful interests."

He also called Solicitor General Jose Calida "a repeat litigant representing the current political administration, far more than any other constitutional officer."

Leonen said the petition “should have been dismissed outright” and “does not deserve space in judicial deliberation within our constitutional democratic space."

The petition is grounded on Sereno’s failure to submit several of her Statements of Assets, Liabilities, and Net Worth (SALNs) when she was applying for the post of chief justice.

“The determination of integrity is so much more nuanced than merely submitting documents like Statement of Assets, Liabilities and Net Worth or clearances from government agencies," he wrote, echoing what he had earlier said during oral arguments on the petition.

Although SALNs play "a critical function in eliminating corruption,” Leonen said they are "merely a tool in determining if an applicant possesses integrity and is not the actual measure of integrity."

Moreover, Leonen asserted that only impeachment can remove Sereno from office.

"Clearly, the power to remove an impeachable official...is an exclusive function of the House of Representatives and the Senate.”

Can of worms

Leonen enumerated several implications of granting the quo warranto petition.

He said the move will affect the principle of professional collegiality in courts. For instance, a trial court judge can now oust a colleague from another branch or another judicial region through a quo warranto petition.

Leonen also said that security of tenure of justices who continuously express dissent are likewise on the line.

Leonen also said the decision "opens the way to reviewing actions of the JBC [Judicial and Bar Council] and the President." 

The move also effectively required that all applicants for Chief Justice must now submit all of their SALNs.

Sereno not off the hook
 

While Leonen slammed his colleagues for Sereno’s ouster, he indicated that she should still be held accountable.

"This dissent should not be read as shield for the respondent to be accountable for her actions,” Leonen said.

"In her efforts to save her tenure of public office she held as privilege, this nuance relating to this court’s role in the constitutional democracy may have been lost on the respondent. She may have created too much of a political narrative which elided her own accountability and backgrounded her responsibilities as a member of this Court,” Leonen added.

Leonen also said that it was wrong for Sereno to conflate the issue as an attack to the Judiciary. He said Sereno should have been more “careful” that the “facts before her may not be the entire reality."

"The conclusion to hold her accountable was an attack on the entire judiciary itself have been a judgment that should have been carefully weighed," he said.

A torch of light

For Leonen, all hope is not lost.

“This is not the end for those who fight for judicial independence. This is not the end for those who articulate a vision of social justice against the unjustness of the politically dominant.”

“Those who choose to make personal sacrifices leave the most important lesson that can etch into our history that can be emulated by present and future Justices of this Court: a soul where the genuine humility of servant leadership truly resides. – Rappler.com

 

Search for missing as Kenya burst dam toll reaches 45

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FLOODING. Villagers cross through receding waters in an area of flash flooding at Solai in Subukia, Nakuru County on May 10, 2018, after the banks of a private dam used for irrigation and fish farming burst its banks some 40kms north of the lakeside town of Nakuru in Kenya's Rift Valley. Photo by Tony Karumba/AFP

NAKURU, Kenya – Kenyan troops and emergency workers picked through mud and debris Friday, May 11 in search of some 40 people still missing after a dam burst its banks, sending muddy waters raging through homes and killing 45 people.

Kenya's top prosecutor has ordered a probe into the collapse of the dam on Wednesday night, as questions mount over the quality of construction of the private reservoir on a vast farming estate.

A portion of the earthen wall of the dam collapsed, sending millions of liters of water coursing down a muddy slope, engulfing nearby settlements and destroying power lines over a stretch of some 10 kilometers.

"The number of people dead from this tragedy is 45 after the recovery of the body of a teenage boy," on Friday, said Rift Valley Regional Coordinator Mwongo Chimwanga.

Earlier Nakuru county governor Lee Kinyanjui said around 40 people were still reported missing and that at least one other local dam had "to be discharged to avoid disaster".

Weeks of heavy rains have caused flooding and mudslides across the country that have left 175 dead, with no sign of a let-up in the deluge.

The search and rescue operation, involving emergency services as well as volunteers digging through the mud by hand, was disrupted by further heavy rainfall on Thursday and resumed on Friday morning.

The dam is situated on an area of about 3 hectares, according to Water Resource Management Authority boss Simon Wang'ombe, with a capacity of 200,000 cubic meters.

Residents told AFP they had long been concerned about cracks in the dam, situated on Patel Coffee Estates, where coffee, macadamia nuts, flowers and other crops are grown.

"Every time it rained, some water could discharge from the dam down to the lake passing through the homes and farms but it was not a lot and it came through the side cracks," said one resident Moses Mwangi.

'Hell on earth' 

Many of the houses affected by the disaster were rickety structures made of wood and tin that stood little chance against the raging floodwater.

The torrent hit while people were in their homes, or sleeping, with one survivor describing it as "hell on earth".

"During the floods I managed to rescue my two sons, their mother was swept away by the floods along with two girls. After the flood had subsided, we managed to rescue my wife alive with injuries but we found the girls dead," said another survivor, who identified himself only as Josphat.

Another victim, Philip Koech, told AFP he lost his home and all his livestock.

"I was coming back from work when I got home I heard the thundering ... I thought it was rain," he said, adding he and his family and managed to seek shelter in a nearby building from the raging floodwaters.

The Kenyan Red Cross estimates that up to 500 families were affected by the disaster.

On Friday morning Kenya's chief prosecutor Noordin Haji ordered the opening of a police investigation into the tragedy "to establish cause and culpability".

Government statistics released this week showed that more than 220,000 people have been displaced by flooding as heavy rains hit the country after three consecutive failed rainy seasons had left it in drought.

Since March, at least 8,500 hectares of farmland have been submerged in water with an estimated 20,000 animals killed, the Red Cross said last week.

The floods have also destroyed road networks in some parts of the East African country. – Rappler.com

 

Quezon City assistant prosecutor ambushed

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SCENE of the Crime Operatives inspect QC Assistant Prosecutor Rogelio Velasco’s bullet-riddled car at Don Antonio Heights on Friday evening, May 11, 2018. All photos by Darren Langit/Rappler

MANILA, Philippines – An assistant prosecutor in Quezon City was ambushed by yet-to-be-identifed assailants at Don Antonio Heights on Friday, May 11.  

Scene of the Crime Operatives (SOCO) inspect a bullet riddled Toyota Innova at Don Antonio Heights in Quezon City on Friday, May 11, 2018. Quezon City Assitant City Prosecutor Rogelio Velasco was shoot driving his car by unidentified gun men and was rush to a hospital and declared dead on arrival. Photo by DARREN LANGIT

Quezon City Assistant City Prosecutor Rogelio Alfiler Velasco was driving his red Toyota Innova when the gunmen attacked him. 

Velasco was rushed to the hospital, where he was declared dead by Dr Janina Faye Chavez at 6:07 pm. – Rappler.com 

 

'Kung Fu' red pandas settle into new Laos sanctuary

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RED PANDA. This picture taken on May 8, 2018 shows one of the three red pandas, once destined for the exotic wildlife trade, in a sanctuary in Luang Prabang. Photo by Joe Freeman / AFP

LUANG, PRABANG,  Laos – Munching on bamboo and lazing under a fan spraying cooling mist, "Jackie Chan" is in a relaxed mood, one of three red pandas once destined for the exotic wildlife trade but now instead settling into a new home in a leafy Laos sanctuary.

The 3 animals, nicknamed Jackie Chan, Bruce Lee and Peace, were among six found stuffed into crates during a random check of a van traveling from China over the border into northern Laos in January.

Dehydrated and lacking food, three died within days, while the survivors were taken to a sanctuary run by the non-profit Free the Bears in the hills around the tourist hotspot of Luang Prabang.

It was "very very hard" to save the three who perished, says Sengaloun Vongsay, Laos programme manager for Free the Bears.

It was the first discovery of red pandas in Laos, experts said, fueling fears the endangered species may be the latest targets of the illegal pet industry, coveted for their shiny copper fur and "cute" appearance.

"They're eating well, they're generally pretty relaxed," said Michelle Walhout Tanneau, operations manager for Free the Bears.

Landlocked Laos is a key transit hub in the illegal and lucrative global trade in wildlife, sharing borders with Thailand, Cambodia, Vietnam and China.

In January Thai authorities arrested Boonchai Bach, a Vietnamese national with Thai citizenship and an alleged kingpin in Asia's illegal wildlife trade, for rhino horn trafficking.

Boonchai and the Bach family are believed to have operated for years from northeast Thailand bordering Laos, where law enforcement is weak and corruption widespread.

Freeland, a counter-trafficking organisation that worked with Thai police on his case, on Friday said the 41-year-old Boonchai was this week jailed for two-and-a-half years.

Laos' government did not immediately respond to a request for comment on the red panda seizure, though Free the Bears said that one Chinese national had been arrested over the find.

With their forest habitats under threat, red panda populations in Nepal, Bhutan, India, China and Myanmar are vulnerable.

Free the Bears has provided temporary enclosures and set aside a section of tree-covered land where the red pandas could live in case they could not be released back into the wild.

The two superstar nicknames were given by staff, while "Peace" was chosen by a donor.

Rod Mabin, a spokesman for the non-profit, said the group was consulting with experts and the red pandas would live in the sanctuary for the foreseeable future.

"Ultimately we'll try to make the decision which is best for the future health and safety of the animals and to provide them the best life possible," he said. – Rappler.com

 

 

 

 

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