MANILA, Philippines – The lawyers of Cebu-based businessman Peter Lim claimed that they are just as "clueless" as cops on where their client is.

Lim’s lawyers said In a statement sent on Wednesday night, August 22, that Lim “has not contacted them since the news broke out that drug charges were filed against him in court.”

Lim was charged with two counts of conspiracy to commit illegal drug trade on August 10, after a year-long investigation and reinvestigation at the Department of Justice (DOJ). (READ: Is he top 'drug lord' Peter Lim? 9 things about the Cebu businessman)

It has been 9 days since the Makati Regional Trial Court (RTC) Branch 65 issued an arrest warrant against Lim, but police have yet to find him.

“The lawyers of Mr Peter Lim, who represented him at the Department of Justice, are themselves clueless where he is,” said the statement.

Lawyer Magilyn Loja appeared before the DOJ for Lim during the preliminary hearings, while lawyer Alex Francis Ver Lopez is the one named by the Makati RTC.

Lopez did not attend the first court hearing on August 17.

In the same statement, the lawyers urged Lim to surrender.

“They hope that Mr Lim voluntarily surrenders so trial can proceed so that he can prove his innocence," the statement said.

It added, "They are uncertain whether they will still be retained as counsel as they did not succeed in having the charges dismissed despite the weakness of evidence against him.” they said. (READ: What gov't key witness says about alleged Lim-Espinosa-Co drug network)

Cops struggle to find him

What the DOJ knows is that according to Bureau of Immigration (BI) records, Lim “left the country in March but returned a few days later.”

“No BI record of departure since then,” said Justice Secretary Menardo Guevarra. There is now a Hold Departure Order against Lim.

On August 20, cops went to the two known addresses of Lim in Cebu, but he was nowhere to be found.

Asked why cops have yet to find Lim, Philippine National Police chief Director General Oscar Albayalde said on Wednesday that the Lim has the resources and connections to evade authorities.

“Unang-una, alam naman natin kung gaano kayaman ito, at kung ano ang network ng tao na ‘to (First of all, we know how rich he is, and what kind of a network he has), it’s a big challenge for us,” Albayalde said.

He also announced that they have the PNP Criminal Investigation and Detection Group, the police unit that specializes in high-profile chases, has been tasked to track down Lim.

Chinese linked to drugs

Lim was first investigated over his alleged drug links as early as 2002. Two other people accused with Lim and alleged drug lord Kerwin Espinosa  are now dead.

In the one year that his case was heard at the DOJ, Lim only showed up once, when he was compelled by the prosecutor. He never showed up during the reinvestigation.

Lim is the latest alleged "big fish" to evade arrest over drug charges. Four Chinese and two Taiwanese nationals charged in the P6.4-billion smuggled shabu case have been at large for 5 months now.

One of the 4 Chinese is Richard Chen or Tan, the shipment’s forwarder, who Senator Richard Gordon said could be the one "ultimately responsible" for the shabu shipment.  – With reports from Rambo Talabong/Rappler.com

MANILA, Philippines – Bicol Central Academy school administrator Alexander James Jaucian has been suspended by the school’s board. Jaucian’s rage and supposed order to burn students’ bags were caught on a video posted on social media.

“Yes, [he was suspended] by the school board of trustees. 90 days suspension without pay,” DepEd Undersecretary Annalyn Sevilla confirmed in a text message to Rappler on Thursday, August 23.

Sevilla said Jaucian’s suspension took effect Monday, August 20.

Viral photos posted on social media showed Jaucian allegedly ordering that the bags of students be burned after they failed to comply with the "no-bag" policy for a school event.

DepEd Bicol Director Gilbert Sadsad earlier told Rappler they will also ask the board of directors of BCA in Libmanan, Camarines Sur, to remove Jaucian from the school.

Sadsad also said that the DepEd would ask the Department of Social Welfare and Development to file criminal charges against Jaucian for violation of the Child Protection Policy.

Sevilla said the DepEd’s central office would help to facilitate charges against Jaucia “if needed.” She added the DepEd is yet to receive the official report and recommendation from DepEd Bicol Region.

Education Secretary Leonor Briones earlier said Jaucian should go on leave. – Rappler.com

MANILA, Philippines – President Rodrigo Duterte is "dismayed" that Maguindanao massacre suspect Zaldy Ampatuan was allowed to leave jail so he could attend a daughter's wedding, Malacañang said on Thursday, August 23.

"The Panel of Prosecutors and the President oppose the motion and we're dismayed it was granted," Presidential Spokesperson Harry Roque said in a news briefing.

He also assured families of the massacre victims that the furlough granted to Ampatuan would have no bearing on his case.

"I can assure you this will not affect the case and I think you know why I can give that assurance," said Roque, who used to served as a lawyer of some of the victims' families.

Ampatuan was allowed to attend the wedding of his daughter Kristina on Tuesday, August 21. It was held in Sofitel Philippine Plaza in Pasay City. A video posted by Tawi-Tawi Representative Ruby Sahali on Facebook shows him dancing with his daughter.

Executive Secretary Salvador Medialdea confirmed to Rappler that he was asked by the in-laws of Kristina Ampatuan to be one of the wedding sponsors. But he said he declined the request and did not attend the wedding.

“Yes, I was asked by the Samama family to be godparent of the couple but I had to graciously excuse myself from attending because of prior engagement,” Medialdea said in a text message.

Ampatuan faces 58 charges of murder being the suspected mastermind of the massacre, called the single deadliest attack on journalists in history and the bloodiest case of election-related violence.

At the time of the massacre, Ampatuan was the governor of the Autonomous Region in Muslim Mindanao. Witness accounts pinned him as present in meetings to plan the massacre, which was meant to prevent then Vice Mayor Esmael Mangudadatu from filing his certificate of candidacy to challenge the gubernatorial bid of Zaldy's brother Andal Ampatuan Jr. – Rappler.com

TOKYO, Japan – A strong typhoon hurtled towards western Japan on Thursday, August 23, with forecasters warning of heavy rains and landslides, including in areas hit by deadly flooding last month.

"Please be on high alert and take every necessary measure," Prime Minister Shinzo Abe told cabinet members and officials at a meeting on storm preparedness.

He urged local governments to issue evacuation orders and take other necessary measures "without fear."

Typhoon Cimaron is packing maximum gusts of 216 kilometers (133 miles) per hour, Japan's Meteorological Agency said.

It was around 260 kilometers southeast of Ashizuri – on the coast of Shikoku island – in western Japan by 0300 GMT on Wednesday, August 22, the agency added.

The typhoon is expected to make landfall late Thursday and head north through Friday morning, August 24, bringing intensifying wind and rain.

"Please remain vigilant for landslides, inundation of low ground, flooding of rivers, storms, and high and tidal waves," the weather agency said.

Meteorological agency chief forecaster Ryuta Kurora warned the typhoon could bring "multiple hazardous phenomena" such as violent wind and high tides "simultaneously at night."

"Please evacuate early," he said at a press conference.

Some parts of central Japan could see up to 800 millimeters (31 inches) of rain in the 24 hours to noon Friday, the agency said.

The areas at risk include parts of the country still recovering from flooding and landslides caused by record rains in July that killed over 200 people.

Several cities and towns started to issue evacuation advisories, with television footage showing residents of Okayama, one of areas worst hit by last month's deadly flooding, working to pile up sandbags.

Some trains have suspended operations and more than 100 flights were cancelled, most of them domestic routes, reports said.

The approach of Cimaron comes as Typhoon Soulik was already bringing heavy rain to parts of the main southern island of Kyushu. – Rappler.com

SEOUL, South Korea – Clinging to each other for every last second, elderly North and South Korean family members allowed to meet for the first time in nearly 7 decades bid tearful farewells Wednesday, August 22, probably forever.

Millions of people were swept apart by the 1950-53 Korean War, which left the peninsula split by the impenetrable Demilitarized Zone (DMZ) and separated brothers and sisters, parents and children and husbands and wives.

Over the years most have died, and fewer than 60,000 South Koreans remain alive who have registered to meet their Northern kin at the occasional cross-border reunions– this week's are the first in 3 years.

Those survivors lucky enough to be chosen to take part – 89 families this time, with a similar number to follow later this week – must cram a lifetime's relationship into just 3 days.

When they come to an end, the realities of age and the nuclear-armed North's isolation mean they are unlikely ever to see each other again.

The relatives burst into tears when a loudspeaker announcement in a banqueting hall at the North's scenic Mount Kumgang resort declared: "The reunion is over."

One of the oldest people taking part, 99-year-old Southerner Han Shin-ja, was ushered towards the door but refused to take a step further, hugging her two Northern daughters and crying.

"Mother! Mother!" wept her children, both of them in their '70s.

Han was the last Southerner to leave the room, where North Koreans remained scattered, dazed and in tears, with waitresses also crying as they removed the used plates.

Southerner Lee Ki-soon, 91, held his Northern son tightly in his arms, smiling broadly and telling him: "I'm not fake. You have a father."

Others could not bear to look each other in the eyes.

Intensely emotional

The intensely emotional meetings symbolize the pain of the division of the Korean peninsula.

Wartime hostilities ceased with an armistice rather than a peace treaty, leaving the two Koreas technically still at war and with all direct civilian exchanges – even mundane family news – banned.

The meetings have long been subject to the vagaries of politics and are often used as a negotiating tool by Pyongyang, which constantly stresses the importance of unification, despite the two countries' now wildly different societies and economies.

The reunions were halted for 3 years as relations worsened with the North accelerating its pursuit of nuclear weapons and ballistic missiles.

But after a rapid diplomatic thaw the North's leader Kim Jong-un and the South's President Moon Jae-in agreed to restart them at their first summit in April in the DMZ.

In a short report on the reunions, the North's state-run KCNA news agency said the family meetings took place "as part of the practical measures being taken to implement the Panmunjeom declaration," referencing the meeting between Kim and Moon.

"Our side met their flesh and blood from the south and exchanged their inmost thoughts in a happy homely atmosphere," the report added.

Kim and US President Donald Trump also held a landmark summit in Singapore in June, but Pyongyang has yet to make clear what concessions it is willing to make on its nuclear arsenal.

The UN's nuclear watchdog said Monday, August 20, it had not seen any indications nuclear activities had stopped in the North, and Washington is looking to maintain sanctions pressure on Pyongyang.

As the morning session began, South Korean Kim Byung-oh, 88, started to sob as soon as his younger sister joined him at the table.

"Brother, don't cry. Do not cry," she said, squeezing his hands hard, but his tears kept flowing, before his sister – who had bitten her lips to try to stay calm – also broke down.

They squeezed each other's hands, without saying a word, for nearly 10 minutes.

"I didn't know my father would cry this much," said Byung-oh's son.

Many drew family trees on pieces of paper and exchanged relatives' names and photos, according to South Korean pool reports.

After the South Koreans boarded buses to take them back across the DMZ, their Northern relatives – all wearing the ubiquitous badges of the country's leaders, and many of the women in traditional Korean dresses – were allowed out to wave them goodbye.

Some pressed their hands to the coach windows and others ran alongside the vehicles, straining for a final glimpse of their loved ones.

"Let's meet in Pyongyang after unification," said one. – Rappler.com

MANILA, Philippines – Kapisanan ng mga Brodkaster ng Pilipinas (KBP) reprimanded pro-Duterte blogger RJ Nieto, also known as Thinking Pinoy, for making a personal attack against Rappler reporter Pia Ranada during a radio program on DWIZ.

A letter containing the decision, dated May 31, 2018, was received by Ranada on Wednesday, August 22.

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KBP, according to the letter, found Nieto guilty of violating the Broadcast Code's Article 4, Section 1 which says, "Personal attacks, that is, attacks on the honesty, integrity or personal qualities of an identified person, institution or group, on matters that have no bearing on the public interest are prohibited."

KBP wrote: "Accordingly, at it appearing that this is respondent Nieto's first recorded offense, he is hereby REPRIMANDED and warned to be henceforth more circumspect in his jokes and on-air language."

It also called out Aliw Broadcasting Corporation, the company which runs DWIZ, for allowing Nieto to go on air even if he lacks KBP accreditation.

The Broadcast Code prohibits KBP member stations like DWIZ from letting "any person to go on the air without the requisite accreditation except in instances provided in the rules of accreditation."

KBP wants Aliw Broadcasting to explain why it should not be held liable for this apparent violation, issuing a show cause order against the company.

Nieto can still appeal the reprimand by September 3, or 10 working days after August 16, the date he received the letter, according to KBP performance officer Virginia Velasco who spoke with Rappler on the phone on Thursday, August 23.

As of Thursday morning, Nieto has yet to appeal the decision, said Velasco.

As to the show cause order against Aliw Broadcasting, the company must provide its explanation on or before August 31.

If the company is unable to give a good reason why Nieto was allowed to go on air, Nieto could be fined P10,000 to P15,000 and/or be reprimanded, according to the penalties in the Broadcast Code for violations in the "G" or grave category. Velasco said this is the category that covers the violation.

DWIZ, meanwhile, would pay P20,000 to P30,000 and/or face censure. 

What prompted the complaint? The KBP decision is the result of a complaint filed by Ranada with the organization on November 3, 2017 or 9 months ago.

Ranada accused Nieto of violating KBP standards when he asked Presidential Spokesperson Harry Roque in a November 3, 2017 DWIZ show to throw "hollow blocks" at her.

Nieto had been interviewing Roque, along with DWIZ radio show hosts Jojo Robles and Conrad Banal.

Nieto recalled Roque's threat to throw "hollow blocks" at critics of the President.

NIETO: Pero sir kahit isang hollow block magbalibag naman kayo sir para ano lang pakagat lang ganoon (laughs).

ROQUE: Pero dapat pipiliin din ang target.

NIETO: Kasi ako po, si Pia na lang po. Si Pia Ranada sir.

(Nieto: But sir, even one hollow block, just a sample.

Roque: But we must choose the target.

Nieto: For me, it should be Pia, Pia Ranada, sir.)

On December 11, 2017, or a month after Ranada's complaint, Nieto responded, telling KBP that his remarks were not personal attacks as he "did not criticize (Ranada) at all, nor make any references as to her character or person, or any of her qualities."

He also claimed he merely "continued Mr Roque's figure of speech" and that the interview was conducted in a "humorous manner" and not meant to be threatening.

KBP, however, disputed this, saying Ranada was singled out unnecessarily.

"Assuming, as respondent Nieto claims, that his remarks were made in jest and meant simply to continue the figure of speech (allegory or idiomatic expression) that Mr Roque started, there was no need for respondent to mention the name of the complainant and single her out among all other journalists," wrote KBP.

KBP said it was clear that Nieto had made a "suggestion that the hollow blocks to be thrown be directed to complainant Ranada" and that this "has no relevance to the topic of discussion, which was the appointment of Mr Harry Roque as presidential spokesperson."

"It therefore appears that while it may have been done in jest, respondent Nieto made a personal attack against complainant Ranada when the former made his comment to direct the hollow blocks against the latter," said KBP.

Since Nieto admitted he made his remarks so that Roque would defend Duterte from supposed criticisms by Ranada and Rappler, "respondent admitted to attacking complainant Ranada by alluding to the unjust criticisms that complainant Ranada (and Rappler) make against President Duterte."

KBP, however, agreed with Nieto that his words were not tantamount to presenting crime or violence as attractive, beyond retribution, correction, or reform and were not vulgar or indecent since it is "clear" that the remarks "should not be taken literally" by the listeners of the program. 

As of Thursday, Nieto continues to co-host DWIZ's morning show Karambola.– Rappler.com 

MANILA, Philippines – Malacañang will consolidate public feedback on the draft federal charter created by the Consultative Committee (Con-Com) before submitting the document to Congress.

This was announced by Presidential Spokesperson Harry Roque on Thursday, August 23, during a Palace news briefing.

"The President will consider the comments of the people and can improve the draft accordingly before officially transmitting it to Congress," he said.

This was after the Office of the Executive Secretary said it would formally accept feedback from the public on the Con-Com's draft.

"We have received guidance from the Office of the Executive Secretary that in line wth our ongoing discourse on federalism, the government is preparing to receive feedback on the draft submitted by the Consultative Committee to review the 1987 Constitution," said Roque.

President Rodrigo Duterte's spokesman, however, made sure to say that Malacañang considers the Con-Com's output to be "a very good draft" but that they want to consider "comments of all stakeholders."

The Palace is also open to "improving the draft federal charter."

Roque admitted that it was the concerns of Cabinet members that prompted Duterte to create a formal channel in Malacañang for accepting public inputs.

"They can send their feedback either to the Office of the Spokesperson or the Presidential Communications Operations Office or the Office of the President. It can be by writing, by email, they can even come personally," said Roque.

Despite these new instructions, Roque gave assurances that Duterte remains "fully satisfied" with the Con-Com document and that he is still "fully committed to federalism."

In recent weeks, two members of Duterte's economic team, Finance Secretary Carlos Dominguez III and Socioeconomic Planning Secretary Ernesto Pernia, voiced their concerns about the Con-Com-created charter.

Dominguez said he found the draft "confusing" and that he would not vote in favor of it if a plebiscite was held soon. Pernia said federalism could "wreak havoc" on the country's economy if adequate preparations were not made. 

These remarks did not sit well with Con-Com member and San Beda College of Law dean Father Ranhilio Aquino. He even asked Duterte to fire Dominguez and Pernia and said this was an indication that the President himself has less support for the shift to a federal system. – Rappler.com

WASHINGTON, DC, USA – President Donald Trump is running out of options to avoid possible impeachment or prevent his family from prosecution, legal experts say.

The felony convictions of two former top aides on Tuesday, August 21, demonstrated that Trump's nonstop attacks have failed to impede Special Counsel Robert Mueller's Russia collusion and obstruction investigation against him.

And while no one knows how strong a case Mueller has built against the president and his inner circle, Trump's own behavior suggests he feels intense pressure.

Experts say he has 3 basic strategic options, none of them good.

Cooperate with Mueller

Though he repeatedly says there was no crime committed, Trump has tried to disrupt and delay the investigation, and has avoided for months being interviewed by Mueller.

That's a bad strategy, if Trump truly has nothing to hide, says Eric Freedman, a constitutional law professor at Hofstra University.

"He should absolutely adopt and embrace a policy of openness," Freedman says, a move which could buttress the White House campaign to tarnish Mueller's probe as a political "witch hunt."

Doing so would require abandoning his support for former aides like Paul Manafort, Trump's ex-campaign chairman convicted Tuesday on tax and bank fraud charges.

Trump could, however, justify that he is "draining the swamp" of Washington corruption, argues Freedman, "wrapping himself in the mantle of good governance."

Robert Bennett, a veteran Washington criminal defense lawyer who worked for president Bill Clinton in the 1990s, says it is too late for that.

"They decided a long time ago to attack the special counsel. It would be hard now to do an about-face," he told AFP. "Who is he going to turn on? He's at the top of the food chain."

Moreover, cooperating now would almost certainly not change the direction of Mueller's probe, except possibly for the worse, said Bennett, currently senior counsel at Schertler &amp; Onorato, a Washington law firm.

An interview with Mueller would be fraught with dangers for Trump, who notoriously cannot stay on script. "He couldn't truthfully cooperate without further incriminating himself, is my guess," Bennett said.

Cooperating could also force the president into a difficult position if, as many think, his son Donald Trump Jr. or other family members fall into Mueller's sights.

What then? "Stall as long as possible and pardon him," says Freedman.

Attack and buy time

Trump's immediate hurdle is the November 6 election, in which Democrats are threatening to take control of one or both houses of Congress. Trump needs to prevent that, to avoid having a Congress that would support impeaching him.

His current strategy has been to convince voters that Mueller's investigation is an illegitimate, pro-Democrat operation, in hopes of attracting support to Republicans. The effort appears to be having limited success, polls suggest.

In addition, the White House is demanding Mueller abide by a Justice Department policy for prosecutors not to take any action in the 60 days before an election that would impact any candidate.

Michael German, formerly an FBI agent and now at the Brennan Center for Justice, says the policy doesn't prevent Mueller from pushing ahead. 

"Law enforcement doesn't stop every investigation 60 days before the election," German said. "I don't see anyone in the November election that has anything to do with those under investigation."

Bennett says stalling tactics worked when he defended Clinton against Paula Jones' sexual harassment charges. The case threatened Clinton's reelection chances in 1996, and Bennett forced a procedural issue to the slow-working Supreme Court to make the case disappear for months.

"My job was to get this Jones case out of daily media coverage," he recalled.

"We figured if we could get the Supreme Court to take the case, we were assured this thing would have less impact on the 1996 election. That's exactly what happened. Ultimately we lost in the Supreme Court but he won the election."

If Trump, or someone in his family facing charges, could get their case tied up in court over constitutional issues, it could take up to two years to resolve, to the end of Trump's term in office.

"No matter what the outcome, he'd probably be much better off," Bennett said.

The nuclear option

Or Trump could fire Mueller and shut down the investigation. He has repeatedly threatened to do so, but has held back under warnings from lawmakers that that could provoke impeachment.

The "nuclear option" didn't help president Richard Nixon when he fired Watergate special prosecutor Archibald Cox in October 1973. That further eroded support for Nixon, and Cox's replacement pursued the case anyway, until Nixon, nearly one year later, resigned in the face of certain impeachment. – Rappler.com

MANILA, Philippines – Some tourists may be able to relax in Boracay earlier than the formal opening on October 26, but parties on the beach would be prohibited.

Environment Secretary Roy Cimatu said on Thursday, August 23, that the inter-agency task force agreed to hold a dry run from October 15 to 25 for local tourists. (LOOK: Boracay to open with war zone-like roads?)

He said local tourists from Aklan will be prioritized for the soft opening. 

The dry run will allow the task force to assess what else needs to be done before Boracay is opened to all domestic and foreign tourists.

But beach parties will no longer be enjoyed by tourists during their stay.

"People can still party within establishments, but not on the beach," Cimatu said.

He added that they are looking into "safer alternatives" for fire dancers.

Tourism Secretary Bernadette Romulo Puyat previously said in an ANC interview that visitors should expect a more "peaceful" Boracay. 

"It won't be like a party place anymore. We want it to be more as it is, we want it to be more peaceful. We want to promote sustainable tourism," Puyat said.

Cimatu confirmed that the island has indeed exceeded its carrying capacity. As much as 6,500 tourists arrive daily, while some 19,000 stay "at any given day."

The task force said this has led to "the generation of too much waste and the deterioration of water quality, among others."

The number of hotel rooms also exceeded the ideal range. 

Cimatu said the government will be disclosing more figures in the coming days. – Rappler.com

WASHINGTON, DC, USA – Mexico and the United States are close to finalizing a preliminary agreement on a new North American Free Trade Agreement (NAFTA), which would let the third partner, Canada, sign on to the agreement, Mexico's lead negotiator said Wednesday. 

Mexican Economy Secretary Ildefonso Guajardo said he hoped to conclude "in the next few hours or days" bilateral talks with US Trade Representative, Robert Lighthizer. The talks were going into their fifth week between the two sides in Washington. 

"It could be that we end everything between the United States and Mexico this week," told reporters Jesus Seade, delegate to the NAFTA negotiations of Mexican President-elect Andres Manuel Lopez Obrador, who also is in the talks. 

"Canada has yet to come on board, we must not rush, but we are already close," he added, noting that difficult issues that were planned to be dealt with are being addressed.

Among them, he mentioned the thorny "extinction clause" proposed by the United States. 

It would force the treaty to be reviewed every five years. Both Mexico and Canada oppose that.

Seade said he was optimistic about reaching a new NAFTA before the self-imposed deadline of August 29. 

The United States and Mexico are keen to seal a new deal before Mexican President Enrique Pena Nieto hands over power to Lopez Obrador on December 1, and for that to happen, the US Congress must be notified 90 days in advance.

Canada's top diplomat and chief NAFTA negotiator, Chrystia Freeland, said she was encouraged by the progress reached.

The 3 countries have been negotiating for a year to save the free trade agreement that US President Donald Trump considers disastrous for his country. NAFTA has been in effect almost 25 years.

Guajardo and Lighthizer began meeting at the end of July after negotiations between the three partners stalled in May. – Rappler.com

PARIS, France – A man armed with a knife killed one person and seriously injured two others on Thursday morning, August 23, in a town about 30 kilometers (20 miles) southwest of Paris, a police source told AFP.

The man was "neutralized" by police in Trappes after trying to hide in a building, the source said, without specifying if he had been killed.

It was unclear if the violence was terror-related.

Trappes has a population of around 30,000 and is part of the far suburbs of the greater Paris area.

Only a short drive from the wealthy area of Versailles, home to the world-famous Versailles Palace, the town is known for problems linked to poverty, gangs and hardline interpretations of Islam.

It has a large Muslim population and about 50 locals are suspected of having left France to fight for the Islamic State group in Syria and Iraq, French security sources have previously told AFP. – Rappler.com

MANILA, Philippines – Can the impeachment complaints filed against Supreme Court associate justices hinder their dream to be the next top magistrate?  

The lawmakers who want them impeached believe so. 

Albay 1st District Representative Edcel Lagman said this on Thursday, August 23, as he and other lawmakers filed impeachment complaints against 7 SC justices who voted to oust Maria Lourdes Sereno as chief justice through a quo warranto petition in May.

They include 4 applicants for chief justice: SC Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, and Andres Reyes Jr 

“The impeachment complaints will frustrate the aspiration of the concerned justices for nomination and/or appointment to the vacant position of chief justice because an impeachment complaint is akin to or even more serious than an administrative case whose pendency disqualifies applicants for position in the judiciary under the Revised Rules of the JBC (Judicial and Bar Council),” Lagman said.

How will impeachment complaints be an obstacle? Lagman said JBC rules require chief justice applicants to have “proven competence, integrity, probity, and independence” consistent with Section 7, Article VI of the 1987 Constitution.

Lagman said De Castro, Bersamin, Peralta, and Reyes do not fulfill the requirement as they allegedly “succumbed to the importuning” of President Rodrigo Duterte to remove Sereno, whom the Philippine chief had tagged as his enemy. (READ: TIMELINE: The many times Duterte and Sereno clashed)

“They also lack fidelity to sound moral and ethical standards as required by the JBC because they refused to recuse themselves from participating in the adjudication of the quo warranto petition despite their ill will and bias against Sereno,” said Lagman.

Will they be disqualified? This would depend on the JBC. 

Section 5, Rule 4 of the JBC's rules and regulations states that a person who has "pending criminal or regular administrative cases" is "disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman." 

But, as in the case of previous Ombudsman applicant Labor Secretary Silvestre Bello III, the JBC takes into consideration the time period of the cases. 

In Bello’s case, the JBC considered that the charges may already be dismissed at the time of deliberations, which was the case. This time, the JBC will have to consider if the filing of complaints on the eve of deliberations  will be considered grounds for disqualification.

If the ground is the quo warranto petition against Sereno, this could also fall under Rule 4, Section 5(2) of the JBC rules, which states: "However, complaints against applicants concerning the merits of cases or ascribing errors to their decisions or resolutions, which are  judicial in nature, shall not be grounds for disqualification."

The JBC will meet at 10 am on Friday, August 24, to deliberate on the chief justice applications.

The impeachment complaints also did not touch on the SALNs issue: The impeachment complaints against De Castro, Peralta, Bersamin, and Reyes only focused on the quo warranto against Sereno.

It did not discuss the questions being raised by the JBC over the chief justice applicants' Statements of Assets, Liabilities, and Net Worth (SALNs).

Bersamin and Peralta were quizzed over "significant increases" in their SALNs, while Reyes was asked why he did not disclose his corporate shares in a bakeshop in his 2015 SALN.

But Lagman said his group only intended the impeachment complaints to cover the quo warranto petition. 

"Malakas na, 'di na kailangan dagdagan para palakasin pa (The complaints are already strong, no need to strengthen them further). Our commitment to you is that we're going to file an impeachment complaint based on their errant decision, not on any other violations," he said.

Only one complaint can be filed against an impeachable official per year. If an impeachment complaint does not prosper, a second complaint cannot be filed within the same year. – Rappler.com

MANILA, Philippines – A policeman detained and charged in the murder of 17-year-old Kian delos Santos took the witness stand on Thursday, August 23, to offer his version of the story, but the prosecution believes the testimony proves the cop is lying.

Police Officer 1 (PO1) Jeremias Pereda, one of the 3 accused cops, told the Caloocan Regional Trial Court Branch 125 on Thursday, that the eyewitnesses' testimonies saying they saw the policemen drag Delos Santos are not valid conclusions.

A CCTV footage showing cops dragging a boy believed to be Delos Santos was the tipping point of an intense scrutiny of the war on drugs, as it supposedly belied the police narrative that Delos Santos – like the thousand other suspects killed in the campaign – was shot dead because he fought back with a gun.

Pereda said that the boy on the CCTV was their teenager asset named "Jay-R" but eyewitnesses swore they saw that it was Delos Santos being dragged to the basketball court. 

“Mali po. Dahil may posibilidad na si Kian ‘yun, may posibilidad na ‘yung asset ‘yun (That's wrong, because there's a possibility it's Kian, and there's a possibility it's the asset),” said Pereda on Thursday, the 3rd hearing of the defense presentation.

By making that statement, Pereda was making the point that for one to be able to conclude that it was Delos Santos they dragged, it has to be beyond reasonable doubt. That’s why he said that while there’s a possibility that it is Delos Santos, there’s also a possibility that it’s not.

It has always been the defense camp’s line of reasoning that no one can know for sure that it was Delos Santos because the place was dark. (WATCH: The dark alley to Kian delos Santos' death)

Pereda’s statement led Caloocan Regional Trial Court Branch 125 Judge Rodolfo Azucena  Jr to interject and ask Pereda, “Are you not sure?”

“Kasi kailangan mapatunayan na si Kian ‘yun beyond reasonable doubt. Pero pinaninindigan ko pong ang asset namin ‘yun (Because you have to be able to prove that it's Kian beyond reasonable doubt. But I stand by my word that it was our asset),” said Pereda.

Later in the testimony, Pereda said, “Kung intensyon po namin na patayin si Kian, hindi namin siya papatayin sa sarili niyang lugar at hindi namin siya idadaan sa maliwanag at alam naman naming may CCTV.”

(If it was our intention to kill Kian, we would not kill him in his own turf, and we wouldn't drag him to a place that's well-lit with a CCTV.) 

That gave Prosecutor Robert Ong the opening for his cross-examination.

Ong kept it short; he just asked Pereda to confirm that he said: “Hindi namin siya idadaan sa maliwanag (we wouldn't drag him to a well-lit place).” Pereda confirmed.

It was a strategy to try to poke a hole into Pereda’s testimony. While the defense maintains that no one can be sure it was Delos Santos because it was dark, Pereda said the place was well-lit.

After the hearing, Ong told reporters: "Halata namang nagsisinungaling siya (It's obvious he's lying)." 

Judge Azucena earlier said he would not rely on written affidavits, but on the testimonies made on the stand so he can ascertain “if it’s a lie or not.”

Pereda identified their asset as Jay-R, but earlier the Caloocan police presented to the media a Renato Loveras, alias Nonong, who supposedly pointed to Delos Santos as a drug runner.

Pereda's testimony on Thursday clarified that Delos Santos was not a target that night, just somebody who supposedly shot at them while they were on their way to an operation.

Pereda’s version

According to Pereda, he and co-accused  PO1 Jerwin Cruz and team leader PO3 Arnel Oares were at Libis Baesa, Barangay 160 in Caloocan the night of August 16 to conduct Oplan Galugad.

Pereda said they were with their asset Jay-R who was going to lead them to a pot session, when someone suddenly shot at them.

The gunman, who they said was Delos Santos, allegedly turned to the left alley. On Oares’ orders, Pereda said he and Cruz turned to the right alley to secure Jay-R. 

Oares went after the gunman, Pereda said.

“Pagdating namin sa pinangyarihan ng insidente, tapos na po ang shoot-out at nabaril na po ang gunman na si Kian,” said Pereda. (When we arrived at the scene, the shoot-out was done, and Kian was already shot.)

Pereda claimed he and Cruz never fired their guns, backed up by a police report saying they tested negative for gunpowder nitrates.

Delos Santos, however, also tested negative for gunpowder traces.

Investigation from the Philippine National Police (PNP) showed it was a bullet from Oares’ gun that killed Delos Santos. The same investigation revealed Delos Santos was facing down and in a kneeling position, while the gunman was standing up.

The National Bureau of Investigation (NBI) has concluded it was a case of murder, and that police planted evidence of shabu. The NBI findings formed part of the prosecution's evidence.

The next hearing is on August 30. – Rappler.com

MANILA, Philippines – The Court of Appeals (CA) affirmed an earlier order freezing cash assets in two bank accounts believed to have been sourced from illegal drug earnings of convicted drug lord Albert Chin, who is believed to be a member of a Chinese drug syndicate.

The bank accounts from BDO and Metrobank belong to Jeffrey Su Go, Jean Pearl Yana Go, and
Jin Zhang.

The 3 people appealed to the CA to lift the freeze order issued by the appellate court in June 2017, but their motions for reconsideratioon were denied by the CA's former Special Third Division.

The bank account owners previously got the Manila Regional Trial Court (RTC) to lift a preservation order on their assets, claiming that the money in the bank was ment to pay for loans, and not earnings from Chin's supposed drug network. 

The CA overruled the Manila RTC.

In September 2016, the Olongapo RTC convicted Chin and sentenced him to life for violating the Comprehensive Dangerous Drugs Act. 

The charges stemmed from a raid in 2013 which yielded 434 kilos of shabu, which was believed to have been smuggled from China.

Chin is a Filipino-Chinese based in General Santos City, and married to a former domestic helper in Hong Kong who is suspected to be Chin's conduit in the Hong Kong Triad.

It was in that 2013 raid that police found transaction slips for the deposit of P3.68 million to the Go
couple’s account and a P4-million manager’s check to Zhang.

The Anti-Money Laundering Council (AMLC) added that Chin transferred P18.31 million to the Gos from 2012 to 2013.

“We emphasize the finding of probable cause that funds deposited to private respondents’ accounts are sourced from Albert Chin’s involvement with illegal drug trafficking,” the CA said. – Rappler.com

MANILA, Philippines – Department of Education Assistant Secretary Josephine Maribojoc on Thursday, August 23, said if children rights are to be protected in schools, government and school officials must understand that rights to education are “much more” than ensuring mere access to schools or learning centers.

Speaking at the DepEd’s first national summit on child protection, Maribojoc said a “broader understanding” of education is needed to ensure the rights of children are always protected. She added a "holistic approach" includes focus on teaching children the universality of human rights. 

“Much attention, energy, and resources are devoted to protect and promote the right to education, which many understand in a rather limited sense as a right of access to free basic education,” she said.

“We need to espouse a broader understanding of education rights to include not only their right to education, as commonly perceived, but also their rights in education in schools,” she added.

Maribojoc said a rights-based approach will teach children skills needed to protect themselves from violence and abuse. Moreover, it will also teach students the skills needed to report abuse and seek professional help when needed.

Help protect children

According to Unicef Philippines representative Lotta Sylwander, 3 in 5 children reported having experienced some form of physical or emotional abuse. Meanwhile, she said 1 in 5 children reported having been sexually abused by someone they know.

“Whether children are at home, in school, or online, they need help to be protected,” Sylwander said.

Beyond providing access and quality of education, Marijoboc said a rights-based approach to education also includes the right to respect in learning environments.

Part of this included fostering an environment of respect free from discrimination, respect for privacy, freedom of expression, religion, thoughts, and association.

She also said ensuring children were in safe learning environments meant protecting children from all forms of violence, abuse, neglect or maltreatment as well as “proper administration of school discipline consistent with the dignity of children and all their rights.”

“The DepEd made a promise that the plan of action will not be a piece of paper gathering dust over time but a living covenant that will be a fertile ground for planting seeds of action to protect our children,” Marijoboc said.

The summit gathers school representatives from different regions in the country, child rights experts, as well as government officials to further strengthen DepEd’s Child Protection Policy.

The gathering takes place as the DepEd investigates the case Bicol Central Academy (BCA) school administrator Alexander James Jaucian, who allegedly ordered students’ bags be burned after they failed to follow a “no-bag” policy for a school event.

BCA’s school board of trustees earlier suspended Jaucian for 90 days following the incident.

Meanwhile DepEd Bicol Director Gilbert Sadsad earlier told Rappler they would ask the Department of Social Welfare and Development (DSWD) to file criminal charges against Jaucian for violation of the Child Protection Policy.– Rappler.com

MANILA, Philippines – President Rodrigo Duterte made public a letter signed by United States Secretary of State Mike Pompeo and Defense Secretary James Mattis urging the Philippines to buy defense assets from America.

He read the letter out loud on Thursday, August 23, during the Eastern Mindanao Command anniversary in Davao City.

The letter, said Duterte, is the US' way of "making up" for slights against the Philippines. Previously, Duterte railed against a defense official's remarks discouraging the Philippines from purchasing defense equipment from Russia.

He pointed out that 3 US Cabinet members signed the letter. Aside from Pompeo and Mattis, US Secretary of Commerce Wilbur Ross was also supposedly a signatory. The letter was sent by US Ambassador Sung Kim.

"I have nothing against America and am sure wala rin kayo (you don't have anything against them either)…but mine is more of just the what is the reality on the ground. Ngayon, bumabawi sila (Now, they are taking it back), 3 Cabinet members in one letter," said Duterte.

Below is the letter from the US officials as read by Duterte:

His Excellence Rodrigo Roa Duterte

President of the Republic of the Philippines

Dear Mr President,

The US-Philippines Alliance is an enduring partnership built on shared history and values. The special relationship will only grow stronger by increasing our dialogue and cooperation especially in security cooperation and trade. At the same time, we keenly understand your country's need for certainly when considering the selected technology for the defense and security of the Filipino people. We’re writing to you to reaffirm this administration's strongest support for your efforts to modernize the Armed Forces of the Philippines and our commitment to work with your Congress to support the strategic endeavors, recent decisions to procure and grant upgraded survelliance and aircraft system such as Bell combat ulitility helicopters and Scan Eagle Gulfstream and Cessna 208 aircraft exemplify our continuing commitment to the brief and strength of our alliance. We know that our nations can do even more to integrate our economic and security concerns, especially we hope to partner in other significant defense procurement of our mutual benefit inclding through the Lockheed Martins F16 Multiroll Fighter Platform and your attack helicopter platform among other US systems. The United States is peerless ("walang katumabas," inserts Duterte) supplier of state of the art technology with a proven track record and a longterm reliable partner, for example in supplying precision guided munitions used during Marawi. We hope you share our view that our nation's slection of US partners for this future US defense procurement is mutually advantageous and strategically important way to strengthen and depend the steadfast bond between our…(Duterte trails off)."

Meet with Cabinet secretaries

Duterte then said he wants to meet with the 3 US Cabinet members but that he wouldn't fly to the US for that.

"I want to meet 3 of them, mamili sila (they choose). 'Di ako pupunta Amerika (I won't go to America)," said Duterte.

He also slammed the US for "dangling" defense equipment the Philippines supposedly does not need. 

"What I need are just propeller-driven planes for anti-insurgency. Wala man tayong ibang kalaban (We don't have any other enemies) – NPA, ISIS, Abu Sayyaf. We don't need M16 and yet they dangle before us after binaboy nila tayo (they insulted us)," said Duterte.

While he acknowledged that the US and Philippines have special ties, he found the term "friends" hard to stomach.

"Mahirap sabihin mo (It's hard for you to say) we are friends. We are friends but remember we are friends because you made us a colony years ago, 'wag mo sabihin (don't say) friend, friend. It was not a friendship agreed upon," said the Philippine leader.

Balangiga Bells

In the same speech, he brought up the US' plan to return the historic Balangiga Bells to the Philippines. He said there would be no discussion until the bells are brought back.

"'Pag 'di masauli Balangiga Bells, wala tayo pag-usapan (If the Balangiga Bells are not returned, we have nothing to talk about)," said Duterte.

He reiterated that the Philippines would not forget the massacre of Filipinos by American soldiers.

"Why, can passage of time cure an injustice? Just because it was 100 years it was erased and the bells are over there and the memory still haunts everybody here," he said. – Rappler.com 

WASHINGTON, DC, USA – The Democratic Party said Thursday that a reported attempt to hack its voter database using a fake website ahead of the November mid-term election was an unauthorized test by a third party.

DNC Chief Security Officer Bob Lord said in a statement that the party and its security partners "now believe it was built by a third party as part of a simulated phishing test on VoteBuilder," the party's crucial computerized files on voters.

"The test, which mimicked several attributes of actual attacks on the Democratic party's voter file, was not authorized by the DNC, VoteBuilder nor any of our vendors," Lord said.

The phishing website, which if real could have helped attackers siphon off data, steal passwords and insert malware, revived the specter of Russia's hugely consequential cyber-theft of party communications in the 2016 presidential election.

US intelligence bodies say that in 2016 hackers from Russia's GRU intelligence agency broke into Democratic Party networks, stealing documents and communications that were later leaked out to embarrass Democratic presidential candidate Hillary Clinton.

Lord said the DNC in any case took quick action to protect its systems once the phishing website was reported.

"There are constant attempts to hack the DNC and our Democratic infrastructure," he said.

"While we are extremely relieved that this wasn't an attempted intrusion by a foreign adversary, this incident is further proof that we need to continue to be vigilant in light of potential attacks." – Rappler.com

HAWAIIAN OCEAN VIEW, USA – US President Donald Trump on Thursday, August 23, declared a state of emergency in Hawaii, releasing disaster funds as powerful Hurricane Lane bears down on the archipelago's Big Island.

US weather authorities said Lane had weakened slightly to a Category 4 storm but was still packing maximum sustained winds of 130 miles (215 kilometers) per hour, threatening torrential rains, high winds and dangerous surf.

The National Oceanic and Atmospheric Administration warned in its latest advisory that Lane could produce "excessive rainfall" that would deluge the islands into the weekend, "leading to significant and life-threatening flash flooding and landslides."

"The state is going to be heavily impacted," said Jeff Byard, associate administrator of the Federal Emergency Management Agency (FEMA).

"We are anticipating that communities will be isolated because of the rain, that communications will be spotty," he said.

Trump had earlier urged Hawaiians to hunker down and prepare for the major storm, while the US Navy said it was deploying some of its Hawaii-based ships and submarines to avoid getting trapped when Lane hits.

Residents were stocking up on water, food and emergency supplies as Lane was tracking some 230 miles (370 kilometers) southwest of Kailua-Kona, a town on the west coast of the Big Island.

Forecasters said the slow-moving storm would generate large swells in the coming days that would produce "very large and damaging surf" on shorelines facing west and south, likely triggering "significant coastal erosion."

Sea levels in that area were expected to rise as much as two to four feet above normal tide levels, prompting a storm surge and "large and destructive waves."

Lane's center was expected to sweep very close or over Hawaii's main islands later Thursday or Friday, the NOAA said.

Bracing for the worst

The storm's wind power was expected to weaken into the weekend, but forecasters warned it would remain a hurricane as it approaches the islands.

Governor David Ige had already on Tuesday declared a state of emergency on the Big Island to help provide relief for damage from the hurricane.

"Hurricane Lane is not a well-behaved hurricane," he said in a statement. "I've not seen such dramatic changes in the forecast track as I've seen with this storm.

Hurricanes rarely make landfall in Hawaii and the last major storm to strike the state was nearly three decades ago, when Hurricane Iniki barrelled into the island of Kauai, leaving six people dead and causing billions of dollars in damage.

Authorities were bracing for the worst, stocking up on emergency food and water and readying shelters.

"We have emergency food in the form of MREs (Meals Ready-to-Eat) and water that are currently on all four counties of the state," Byard, the FEMA associate administrator said.

He said FEMA was also working with utility companies to coordinate the repair of any damaged power infrastructure.

The power grid was a major vulnerability in Puerto Rico last year when it was hit by Hurricane Maria, a Category 4 storm.

Hurricane-related deaths in Puerto Rico have been estimated at as many as 4,600 people, largely because prolonged and widespread power outages and washed out roads prevented access to health care, according to US researchers. The government of Puerto Rico, a self-ruled US territory, has put the toll at 1,427. – Rappler.com

WASHINGTON, DC, USA – US Secretary of State Mike Pompeo on Thursday, August 23, named a Ford Motor Co. executive as special envoy for North Korea and said they would both travel to the nuclear armed country next week.

Stephen Biegun, who is retiring as Ford's vice president for international governmental affairs, had been considered for the post of US President Donald Trump's national security advisor before it went to John Bolton.

"Steve will direct the US policy towards North Korea and lead our efforts to achieve President Trump's goal of the final, fully verified denuclearization of North Korea, as agreed to by chairman Kim Jong-un," Pompeo said.

"He and I will be traveling to North Korea next week to make further diplomatic progress towards our objective," he said.

The trip will be Pompeo's fourth to North Korea, and the second since a historic summit June 12 between Trump and Kim.

"The State Department has already done excellent work in implementing and sustaining the pressure campaign, putting together the first ever leader-level summit in Singapore and laying the groundwork to hold North Korea accountable to the promises that chairman Kim has made," Pompeo said. – Rappler.com

Editor's Note: In a previous version of this story, we used the term "disaster bill" in our headline to refer to Republic Act 10121. This has been corrected to "disaster law."

MANILA, Philippines – Former National Disaster Risk Reduction and Management Council (NDRRMC) Executive Director and Office of Civil Defense (OCD) Undersecretary Alexander Pama said no review of Republic Act 10121 or the disaster management act of the Philippines took place in Congress, despite it being mandated by law.

“Nasa batas ng (Republic Act) 10121 that after 5 years, kakaroon ng “sunset review”…Ngunit sa kasamaang palad, stricly speaking, Congress did not call for a sunset review,” Pama said during the Resilience Marketplace for Innovation forum on Thursday, August 23.

(It’s in the law of RA 10121 that after 5 years, there will be a sunset review… Unfortunately, strictly speaking, Congress did not call for a sunset review.)

Pama, who served as NDRRMC executive director from 2014 to 2016, was responding to groups who asked for the outcome of the review of the law and what issues were found during the review.

With RA 10121 or the Philippine Disaster Risk Reduction and Management Act passed in 2010, a formal review should have been carried out by the congressional oversight committee in 2015. In consultation with sectors and agencies, the committee was to assess the performance and organizational structure of implementing agencies included in the law. (EXPLAINER: Who's supposed to be in charge during disasters?)

Continuity issues: Pama said nationwide consultations with various groups involved in NDRRMC operations took place, but then the 2016 national elections were well underway when the time came for a formal review.

By 2016, Pama was also no longer in charge of the NDRRMC.

“The last congressmen, hanggang inabot ng elections 2016 at inabot na po na ako’y napalitan na po,” Pama said.

However, results from consultations done for the formal review were still consolidated. This in turn served as at the basis for bills proposing the creation of an department solely for disaster risk and management. (READ: Gov't eyes 'stronger' disaster management agency to replace NDRRMC)

“Para sa kala po ng lahat, 2015 nag-umpisa na po tayo ng consultations nationwide, siguro alam yun po sa karamihan niyo iyan, na may nag-ikot sa atin, na nag consultations po tayo. In fact, we have have a product na iyon po ang naging proposal,” Pama said.

(So that everyone know, we started nationwide consultations in 2015, most of you might know that, that we had people go around, that we had people consult.)

“Naging karaan bago pumasok yung 17th congress. Doon po nagmula yung recommendation na magkakaroon ng NDRRM authority,” he added. (This happened before the 17th Congress came in. This is where recommendation to have a NDRRM authority came from.)

Was RA 10121 a failure? According to Pama, the law did not fail in its objective to develop a framework to strengthen disaster management in the Philippines.

“I can honestly say it is not (a failure). Hanggang ngayon po tinitignan yung ating batas na ito (Until now this law is regarded) as one of the standards in the world,” he said.

Problems – or anything lacking in the law – Pama said, was “both at the policy level and the implementing level.”

He added the different versions of bills tackling the creation of a disaster risk and management authority were a result of the NDRRMC’s review in 2015. A version of the law was discussed by Ako Bicol Representative Rodel Batocabe during the forum.

Batocabe sought to allay concerns raised from representatives in civil society organizations and local disaster risk management officers that the proposed new agency would remove their consultations and participation in disaster management operations.

Pama added, “Ang ginagawa po natin is kung meron mang lalabas na bagong batas ay para ma-improve lalung lalo na doon sa mga portion na hindi nabigyan ng tamang pansin.” (What we are doing is if there is a new law that is passed, it will be to improve the portions that were not given proper attention to.)– Rappler.com