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Maute Group may target Black Nazarene procession

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TARGET OF TERROR? Devotees try to get near the carriage carrying the image of Jesus of the Black Nazarene as the annual Traslacion starts at the Quirino Grandstand in Manila on January 9, 2015. File photo by Ben Nabong/Rappler

MANILA, Philippines – Law enforcement authorities will be on "full alert" on Monday, January 9, following intelligence reports that terror groups may target the Black Nazarene procession in Manila.

"The threat, as you know, is the Maute Group and maybe the Abu Sayyaf, but mainly the Maute Group. They are connected with ISIS (Islamic State of Iraq and Syria)," said Interior Secretary Ismael Sueno on Thursday, January 5, during a Palace news briefing.

"The threat here, especially with a big event like this in Manila, we are receiving intelligence reports that they are also here," said Sueno, referring to the Maute Group.

The possible threat to the Black Nazarene procession, a religious event held every January 9 and typically attended by over a million people, comes after the killing by government forces of a pro-ISIS group leader.

Mohammad Jaafar Maguid, leader of Ansar Khalifa Philippines, was killed on Thursday during an operation by the National Intelligence Coordinating Agency (NICA) and police.

Days before, there was an attack on a North Cotabato jail and a series of bombings in Leyte and Cotabato.

So far, no terror group has claimed the attacks.

The Department of the Interior and Local Government (DILG), military, and police will discuss security measures for the Black Nazarene during a joint command conference on Friday, January 6, said Sueno.

Asked if the government will advise devotees not to attend the event due to the threat, Sueno said devotees are unlikely to listen to any official advice.

"That is there faith. If they go there, they firmly believe, strongly believe that God will protect them. How do you discourage the faith of a person that they will be safe going there?" said Sueno.

But the government may talk to church leaders about the procession if there is a "strong" threat.

"The government can advise and talk to our church leaders if the threat is very strong," said the interior secretary.

Sueno gave assurances security forces have "doubled, tripled" their preparation for any threat and that the police are on "full alert." – Rappler.com


Comelec's Bautista: Punish the hackers, not the hacked

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COMELEC CHAIR RESPONDS. Comelec Chairman Andres Bautista speaks to reporters on January 5, 2016, following a decision by the National Privacy Commission finding him 'criminally liable' for the voters' data leak in March 2016. Photo by Michael Bueza/Rappler

MANILA, Philippines – Commission on Elections (Comelec) Chairman Andres Bautista on Thursday, January 5, argued that it's the hackers who should be punished, not those who were hacked.

This was in response to a decision by the National Privacy Commission (NPC) finding Bautista "criminally liable" following the breach of voters' registration data in March 2016

"The focus should be on arresting the perpetrators of hacking, and not on policy, those that are being hacked," Bautista said in a press conference.

He argued that the hacking or breaches of websites "is a global phenomenon," citing incidents during the recent election campaign in the United States.

"This data hacking that happened is most unfortunate. Hindi dapat nangyayari ito, pero kahit na sinong kumpanya o gobyerno ay puwedeng maging biktima ng data hacking," he said. (This should not be happening, but any company or government may be victim to data hacking.)

"To recommend the filing or the investigation by the Department of Justice for potential criminal liability...is too much," he said.

"Merong kanya-kanyang areas of responsibility, at ang isang head of agency has to rely on the experts... Hindi ba mali 'yung logic na 'yun? Kung lahat ng pagkakamali ay ibibigay sa head of agency, eh mauubos 'yan," Bautista said. 

(Officers each have their own areas of responsibility, and a head of agency has to rely on the experts. Isn't that wrong logic? If all wrongdoings will be attributed to the head of agency, they will all be wiped out.)

"I think ang dapat pagtuunan ng pansin, ano 'yung mga remedial measures na puwedeng gawin para talagang pahirapan [ang hackers]," he continued.

(I think we should focus on remedial measures so that hackers would have a hard time.)

Bautista also pointed out that the hacking took place 6 weeks before the May 2016 elections. "Hindi naman sa binabale-wala ko 'yung data security. Kaya lang, at that point in time, marami kaming pinagtutuunan ng pansin."

(It's not that we are setting aside data security. But, at that point in time, we were paying attention to a lot of things.)

Bautista added, "I think I did what I had to do, together with the Comelec en banc, to oversee the operations of the IT department."

He also argued that at the time of the hacking incident, the Implementing Rules and Regulations (IRR) of Republic Act 10173 or the Data Privacy Act, which created the NPC, had not yet been in existence.

RA 10173 was passed in 2012, but its IRR was promulgated by the NPC only in August 2016. Bautista was appointed Comelec chairman in May 2015.

"When I arrived at the Comelec, there was no data protection officer yet because I was told NPC had not yet passed an IRR," he said, adding that the appointment of such officer is done by the Commission en banc, not just by the chairman.

Bautista was found liable for violating Sections 11, 20, 21, and 22 of the Data Privacy Act, while the Comelec as personal information controller was found to have violated the first 3 of those provisions.

During an earlier press conference, NPC Commissioner Raymund Liboro argued that the law also punishes those who fail to protect personal information.

The privacy body, meanwhile, cleared from criminal responsibility the other respondents, Comelec commissioners Christian Robert Lim and Al Parreño, Executive Director Jose Tolentino Jr, Spokesperson James Arthur Jimenez, and information technology officers Ferdinand de Leon, Jeannie Flororita, and Eden Bolo.

Nonetheless, Bautista said he will welcome an investigation into the matter. "Wala naman kaming tinatago. In fact, maganda rin, para malaman natin kung meron bang pagkukulang. But more than that, ano ang puwedeng gawin para hindi na mangyari ulit ito."

(We are not hiding anything. In fact, it's also good, so that we'll know if there are deficiencies. But more than that, let's find out what can be done so that this won't happen again.)

Bautista said that the Office of the Solicitor General, representing the Comelec, will file a motion for reconsideration with the NPC.

'Wrong appreciation of facts'

Reading his statement sent to reporters, Bautista said that with all due respect to NPC, its decision "was based on 'misappreciation of several facts, legal points, and material contexts.'"

He added that even before the hacking incident, the Comelec was "already following generally accepted standards and international best practices with regard to its technology-related services."

"In this regard, we are coordinating with the Department of Science and Technology. Also, bear in mind that the Comelec website [has been] in existence for several years, way before my time, and is operated by IT experts," Bautista said in his press conference.

He then argued that as the head of agency, "in areas where I did not have specific expertise, I generally trusted the advice and recommendations of our IT experts." 

"If Comelec IT specialists directly in charge of operating the website were found not liable, what more those who merely oversee their work, and in particular, the head of agency?" he added. 

Following this logic, he argued, "if there is a breach in the Supreme Court, will the Chief Justice be potentially liable?"

Nonetheless, Bautista said that the poll body will "continue to take strict measures to further improve our system in coordination with relevant government agencies."

He also said that it will follow the corrective measures stated in the NPC's decision. – Rappler.com

Trump doubtful as U.S. spy chiefs to testify on Russian hacking

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US President-elect Donald Trump answers questions from the media after a day of meetings on December 28, 2016 at Mar-a-Lago in Palm Beach, Florida. Don Emmert/AFP

WASHINGTON DC, USA – Top US spy chiefs will testify in Congress Thursday, January 5, on alleged Russian interference in the US election as President-elect Donald Trump continued to question intelligence that Moscow was behind the hacking of Democratic party computers.

The American public could get a better idea of the strength of the evidence on the alleged hacking as the Senate Armed Services Committee holds a hearing led by strong Russia critic John McCain, who on Wednesday, January 4, called Moscow's actions to subvert the US presidential vote an "act of war."

Director of National Intelligence James Clapper and National Security Agency Director Michael Rogers are due to testify amid a heated rift between Trump and the intelligence bodies he will rely upon for crucial advice when he become president on January 20. 

In tweets this week, Trump ridiculed the CIA and FBI conclusions, which are supported by outgoing President Barack Obama, that hackers working at the bidding of the Russian government stole embarrassing Democratic Party documents from the party's computers and leaked the via WikiLeaks to undermine the presidential campaign of Trump rival Hillary Clinton.

Referring to a planned presentation to him by intelligence chiefs, Trump tweeted: "The 'Intelligence' briefing on so-called 'Russian hacking' was delayed until Friday, perhaps more time needed to build a case. Very strange!"

{source}<center>

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">The &quot;Intelligence&quot; briefing on so-called &quot;Russian hacking&quot; was delayed until Friday, perhaps more time needed to build a case. Very strange!</p>&mdash; Donald J. Trump (@realDonaldTrump) <a href="https://twitter.com/realDonaldTrump/status/816452807024840704">January 4, 2017</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

</center>{/source}

He then added to the insult by citing WikiLeaks founder Julian Assange in his dismissal of the findings of multiple US agencies that Russia was behind the hacking.

"Julian Assange said 'a 14 year old could have hacked Podesta' - why was DNC so careless?" Trump said, referring to the thousands of emails and documents robbed from the computers of the Democratic National Committee and from Clinton campaign chief John Podesta.

{source}<center>

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Julian Assange said &quot;a 14 year old could have hacked Podesta&quot; - why was DNC so careless? Also said Russians did not give him the info!</p>&mdash; Donald J. Trump (@realDonaldTrump) <a href="https://twitter.com/realDonaldTrump/status/816620855958601730">January 4, 2017</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

</center>{/source}

Intel agency shakeup looming?

Trump's taunts have boosted pressure on the White House, the Central Intelligence Agency, the Federal Bureau of Investigation and the Director of National Intelligence to back up their claims last month that the Russian government was behind the hacking, intentionally divulging the documents via WikiLeaks to disrupt the election and help Trump.

The intelligence chiefs and Obama have pointed the finger at Russian President Vladimir Putin, saying no such operation could go on in Moscow without the highest level of approval.

On December 29, Obama retaliated, expelling 35 Russian "intelligence operatives," placing sanctions on Russian government officials and intelligence services, and alleged hackers.

But the evidence made public by the agencies remains thin, allowing Trump, who has made clear he wants to improve fraught relations with Russia, to mount a challenge to the US intelligence establishment.

The Wall Street Journal reported late Wednesday that Trump is already working on a plan to restructure the Office of the Director of National Intelligence, which Trump believes "has become bloated and politicized," the Journal reported, citing people official with the planning.

The plan could also include revamping the CIA, cutting back its headquarters staff while boosting deployment of agents in the field, the Journal said.

Trump rebuffed

Trump will be briefed Friday by the heads of the CIA, FBI and DNI on the evidence behind their conclusion on Russia election interference. And a declassified version of a White House report on the case is expected to be released next week.

But he meanwhile rankled officials in both political parties and angered the intelligence community by his choice of Assange as a reference for his views.

In a radio interview Wednesday, Republican House Speaker Paul Ryan branded Assange "a sycophant for Russia."

"He leaks, he steals data, and compromises national security."

Democratic Senator Mark Warner said Trump showed "frankly flabbergasting" disrespect for the intelligence officials.

"I think the most important thing the intelligence community can always do is speak truth to power," he told MSNBC.

"And it seems like perhaps the president-elect doesn't want to hear those truths." – Rappler.com

5,700 law enforcers deployed for Nazareno

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'THREAT IS THERE.' National Capital Region police chief Oscar Albayalde (1st from right) says the Philippine National Police is not discounting terror threats in the Feast of the Black Nazarene on January 9, 2017. Photo by Paterno Esmaquel II/Rappler

MANILA, Philippines – More than 5,700 law enforcers will be deployed to secure devotees at the annual feast of the Black Nazarene on Monday, January 9, the Philippine National Police (PNP) said.

"The number of personnel to be deployed has increased as compared to previous years," Manila Police District director Senior Superintendent Joel Coronel said in a news conference on Thursday, January 5.

Coronel said 5,763 law enforcers will be deployed under his command for the security of devotees.

One of the reasons for the bigger deployment this year is the "increase in the number of participants in the Black Nazarene procession." 

Deployed personnel include those from the Manila Police District, the National Capital Regional Police Office, the Armed Forces of the Philippines Joint Task Force, the Philippine Coast Guard, the Bureau of Fire Protection, the Bureau of Jail Management and Penology, and the Metropolitan Manila Development Authority. 

This comes as Interior Secretary Ismael Sueno said the terrorist Maute Group as well as the Abu Sayyaf Group might target the Feast of the Black Nazarene on Monday. 

The Feast of the Black Nazarene is held on January 9 each year.

It is expected to draw up to 8 million devotees raring to touch or see a 17th-century mulatto image of Jesus Christ, in a procession called the Traslacion. 

In Thursday's news conference, the PNP also said a terror threat in the Feast of the Black Nazarene "is always there" especially because there is a possible "spillover" of terrorist acts in Mindanao. 

"We're not saying there is no threat. There's no information, but the threat is there. The threat is always there," the police chief of the National Capital Region (NCR) said.

The threat, however, "is not clear, present, or imminent," said Chief Superintendent Oscar Albayalde, director of the NCR Police Office (NCRPO).

'Retaliatory act' by terrorists feared

Albayalde cited the recovery of improvised explosive devices (IEDs) in the NCR. 

On November 28, for instance, an IED was found near the US embassy in Manila, with the police calling it an "attempted act of terrorism."

Nearly 3 months before this, an IED exploded at a night market in Davao City, the turf of President Rodrigo Duterte. 

Albayalde earlier said the IED outside the US embassy was the same as the one in Davao City.

The Philippine government blamed the Davao City bombing on the Maute Group, which Duterte linked to the terrorist Islamic State (ISIS).

In Thursday's news conference, Albayalde also cited previous bombings in NCR as reason to believe that there is always a threat surrounding the Nazareno procession. 

One of the previous incidents he cited was the Rizal Day bombings in December 2000.

Albayalde continued, "There is always that possibility of a retaliatory act from these threat groups, not only from Maute but all other threat groups, particularly threat groups coming from Mindanao."

He added that Metro Manila is always a target in terror threats "because this is the seat of government."

On top of this, Nazareno devotees increase year after year, requiring a bigger contingent of law enforcers to protect them.

Manila Mayor Joseph Estrada also said on Thursday, "The full force of the city hall is in place already for this procession." – Rappler.com

South Korea president's lawyer says no evidence to back impeachment

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Judges of South Korea's Constitutional Court sit during a hearing on whether to confirm the impeachment of President Park Geun-Hye at the Court in Seoul on January 5, 2017. Jung Yeon-Je/Pool/AFP

SEOUL, South Korea – The impeachment trial of South Korea's President Park Geun-Hye got under way Thursday, January 5, with her lawyers arguing there is no evidence to back the corruption allegations that threaten to force her from office.

Parliament voted to impeach Park last month over an influence-peddling scandal that has brought hundreds of thousands of protesters onto the streets every week demanding her removal. 

Park is accused of colluding with a longtime friend, Choi Soon-Il, to strong-arm donations worth tens of millions of dollars from top firms which were then funneled to dubious foundations.

She is also accused of using her influence to ensure the merger of two Samsung units in 2015 in order to help facilitate a father-to-son power succession of Samsung's founding family.

The National Assembly, which must have its vote upheld by the Constitutional Court, accused Park of a serious breach of the constitution during the first full hearing in the impeachment case.

"The court is requested to fire the president so that impaired constitutional order can be restored", said Kwon Seong-Dong, a lawmaker representing the parliament.

"She ignored her duty as the head of state and chief administrator of the country."

The Constitutional Court's initial hearing on Tuesday, January 3, was curtailed after Park failed to attend. It decided to proceed on Thursday regardless of whether she was present.

Park's lawyers urged the court to overturn the vote, saying the impeachment motion had been based on "high possibility at best" and insisted she be reinstated as president immediately.

"There is no solid evidence to back the impeachment", Park's lawyer Lee Jung-Hwan told the court.

Park has repeatedly denied the corruption allegations in sometimes tearful televised addresses, while apologizing for lapses.

In a rare meeting with journalists on Sunday, January 1, she said she had only sought to listen through Choi to ordinary citizens' opinion on her polices and speeches. – Rappler.com

Top prosecutor denies bribery claims, dares Roque to name names

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NO BRIBERY. The Office of the Special Prosecutor denies accusations that bribery among prosecutors came into play in the dismissal of high-profile cases.

MANILA, Philippines – The Office of the Special Prosecutor (OSP) denied on Thursday, January 5, Kabayan Representative Harry Roque's accusation that its personnel are being bribed to ensure that the Sandiganbayan dismisses graft cases against high-ranking officials.

Roque made the comment in an interview on DZMM, where the human rights lawyer turned legislator said "nagkakalagayan sa OSP" (prosecutors are being paid off), resulting in the dismissal of high-profile cases by the anti-graft court.

"We register our vehement objection to this unfounded and libelous statement as if [Roque] has personal knowledge of the 'bribery.' We challenge him to come out with the names of prosecutors tainted with this despicable reputation," Special Prosecutor Wendell Barreras-Sulit said in a statement.

The OSP, as the prosecutorial arm of the Office of the Ombudsman, handles cases filed before the Sandiganbayan.

The anti-graft court recently dismissed high-profile cases for lack of evidence, the latest being the 5th Division's acquittal of Senator JV Ejercito relating to the alleged misuse of San Juan's calamity funds when he was still mayor.

Before that, the 2nd Division junked the plunder case against former agriculture undersecretary Jocelyn "Joc-joc" Bolante over the P723-million fertilizer fund scam, a decision which the Ombudsman sought to reverse on Wednesday, January 4.

The Sandiganbayan also dismissed the graft case against former Makati mayor Elenita Binay which stemmed from the alleged rigged bidding for the purchase of furniture and office partitions in 2000.

"As an office, we can be proud of our accomplishment and the records will show that in 2016, we have garnered a 70% conviction rate, as against the 30% which were unfortunately dismissed," said Barreras-Sulit.

She added: "Even if our cases ended up in acquittal or dismissal, no one can, and should claim that we were 'paid' to drop our cases. We fought to the end, God is our witness, we gave our very best and sacrificed our time for our families to see to it that justice is served." – Lian Buan/Rappler.com

Iraq forces launch operation to retake western area

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A Kurdish Peshmerga soldier is silhouetted while French President visits a military outpost on the outskirts of the northern city of Mosul, on January 2, 2017. Christophe Ena/Pool/AFP

BAGHDAD, Iraq – Iraqi forces on Thursday, January 5, launched an offensive aimed at retaking towns still under the control of the Islamic State (ISIS) group in western areas near the border with Syria, commanders said.

"A military operation has begun in the western areas of Anbar to liberate them from Daesh," said Lieutenant General Qassem Mohammedi, commander of the Jazeera Operations Command, using an Arabic acronym for ISIS.

He said the operation was led by the army's 7th division, police, and fighters from local tribes that have opposed the jihadists, with aerial backing from the US-led coalition.

The main targets of the operation are Aanah, Rawa and Al-Qaim, the westernmost Iraqi towns along the Euphrates Valley.

The jihadist hub of Al-Qaim, which lies 330 kilometers (200 miles) northwest of Baghdad, is still a long way down the road and the most immediate target of the new offensive is the town of Aanah.

"Our forces started advancing from Haditha towards Aanah from several directions," Mohammedi told Agence France-Presse.

Haditha was never seized by ISIS when the group swept across much of Iraq's Sunni Arab heartland in 2014 and is home to a tribe that has led the fight against the jihadists in the area.

"Zero hour has come to liberate the western areas," Nadhom al-Jughaifi, a commander with the Haditha tribal fighters, said.

In 2016, Iraqi forces retook large parts of the vast province of Anbar, including its capital Ramadi and the city of Fallujah.

Anbar is a desert area traversed by the Euphrates that borders Saudi Arabia, Jordan and Syria. Security in reconquered areas remains precarious and jihadists continue to move across the province.

Tens of thousands of Iraqi forces are currently involved in an offensive to retake Mosul, the main northern city which is also ISIS's last major stronghold in the country.

ISIS has lost more than half of the territory it once controlled in Iraq and the loss of Mosul would deal a major blow to the "caliphate" it proclaimed there in June 2014. – Rappler.com

Lacson 'confused’ about pork in 2017 budget – Nograles

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NO PORK? Representative Karlo Nograles bellies Senator Panfilo Lacson's claim that the 2017 budget is riddled with "pork-like" funds. File photos by Rappler

MANILA, Philippines – Was Senator Panfilo Lacson just "confused" about the 2017 national budget when he insisted that it has pork barrel funds? 

Davao City 1st District Representative Karlo Nograles seemed to think so, as he  denied the senator's allegation that this year's P3.35-trillion budget is not pork-free.

"That's not true. There is no pork barrel. There is no PDAF (Priority Development Assistance Fund) in the budget. There are no post-enactment projects in the budget,” the chairman of the House appropriations committee said in a statement on Thursday, January 5.

“You will only see specific line-item projects that have been identified by different agencies and departments of government. I think that Senator Lacson is confused about this issue,” Nograles added. 

Lacson alleged that some congressmen will be getting allocations worth P1.5 billion to P5 billion, and senators P300 million each for their pet projects under the 2017 General Appropriations Act (GAA) which President Rodrido Duterte signed into law  on December 22, 2016. (READ: Lacson hits allotment for lawmakers in 2017 budget: 'Return to PDAF?’

The senator had previously challenged the President to veto "pork-like" funds in the 2017 budget to show he is serious in fighting corruption, one of his campaign promises. Lacson said he might question the budget before the High Court should Duterte refuse to do so.  (READ: Lacson dares Duterte: Show political will, veto 'pork' in 2017 budget

It was upon Lacson’s insistence during the bicameral conference committee that allowed the Commission on Higher Education to have an additional P8.3 billion for free tuition in state universities and colleges

The said amount was originally allotted for the Autonomous Region in Muslim Mindanao, but was placed under the Department of Public Works and Highways’ budget. 

On Thursday, Nograles explained that the budget process followed a two-tiered approach in identifying which projects to allocate funds for. The Department of Budget and Management also evaluated the proposed budget before it was submitted to the House for scrutiny.  

"From its inception, the projects and programs have been itemized and spelled out clearly and specifically. From the House all the way to the Senate, the DBM monitors every movement of the budget process to ensure there is no violation of the SC decision against pork barrel,” said Nograles. 

He maintained that congressmen respected the Supreme Court ruling that the  is PDAF unconstitutional.  

"We in Congress also exercised strict adherence against the pork barrel to ensure that we comply with the SC decision. If anything, we have made doubly sure that projects and programs are even more specific so there will be no room at all for post-enactment,” said Nograles.

“All our hearings and deliberations will bear this out – which have always been transparent and open. The budget book itself is a public document open to scrutiny by anyone," he added. 

Calamity fund affected? 

Lacson also claimed that the DPWH received another P8.55 million worth of pork barrel on top of the P497 million added to its budget for this year –  at the expense of the calamity fund. 

“What is sad here is the thought of sacrificing the victims of calamities for political favors and alliances,” said Lacson. 

Nograles, however, assured the public that there would be no shortage of funds to be used in times of calamities and other national emergencies in 2017. 

"Let me reassure the public that the balance of the 2016 calamity fund as of October 31, 2016, was around P30 billion. So we may assume that up to December 31, 2016, the estimated balance may be around P25 billion. This fund will be carried over to 2017,” said Nograles. 

“So adding this to the new 2017 appropriations of  P15.755 billion, the total calamity fund at government's disposal for 2017 will be more than P40 billion,” he added. – Rappler.com


Sandiganbayan denies Gigi Reyes' motion to drop plunder charges

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Gigi Reyes surrenders to the Sandiganbayan. Photo by Buena Bernal/Rappler MANILA, Philippines – Lawyer Jessica Lucila "Gigi" Reyes will remain in jail and on trial for plunder in connection with the pork barrel scam.

The anti-graft court Sandiganbayan's Third Division denied on Thursday, January 5, the former Senate aide's motion to dismiss the plunder charges against her.

In the resolution signed by Presiding Justice Amparo Cabotaje-Tang, the court said there was no merit to Reyes' motion because the "facts charged in the Information sufficiently charge the crime of plunder."

Reyes, in her motion, argued that the bill of particulars failed to to specifically allege her of plunder because of the use of "or" and "and/or." This, according to her, "confuses and confounds her" which would hurt her defense.

Citing a Supreme Court decision, the court said "and" and "or" can be used interchangeably and therefore, does not confuse Reyes in preparing her defense.

The court also noted that the use of the words "conspiring with one another" in the information is sufficient.

"It can be clearly seen that what accused Reyes presents in her Motion are her mere self-serving interpretations of what the evidence marked by the prosecution established," the resolution said.

In the motion, Reyes also pointed out that the prosecution already admitted facts that make the information quashable – that her signatures on former senator Juan Ponce Enrile's endorsements were forged; that Benhur Luy's summaries do not reflect that she received money from Enrile's PDAF, and that Ruby Tuason's testimony that she delivered Enrile's kickback to her lacked details.

In response, the court noted that these facts are precisely what the trial would fully thresh out and assessed upon in due course.

In the first place, the court said, Reyes' motion was filed too late because Section 9, Rule 116 of the Revised Rules of Court states that a motion for a bill of particulars must be filed prior to arraignment.

Reyes, who was arraigned in 2014, filed the motion on June 22, 2016.

Reyes also appealed that she be freed based on court rules giving merit to the facts that she was never charged during her more than 20 years of government service, she surrendered to the Sandiganbayan, she is not flight-risk, and she has exhibited good behavior in jail.

The court said the provision cited by Reyes only applies to cases where a motion to quash is granted, which the court did not do in this instance.

Reyes, Enrile's former chief of staff, has been detained in a Taguig jail since 2014, after being implicated in the former senator's alleged misuse of P172 million worth of Priority Development Assistance Fund (PDAF.) (READ: How things went wrong for Gigi Reyes)

Enrile was freed from hospital arrest in August 2015 when the Supreme Court granted his request to post bail because of humanitarian reasons.

Janet Lim Napoles, alleged mastermind behind the scam, as well as whistleblowers testified that it was Reyes who handled Enrile's anomalous transactions using his pork barrel. – Lian Buan/Rappler.com

Robredo: Palace 'overreacted' to 'slow relief' remark

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AFTERMATH. Camarines Sur after Typhoon Nina roared through the province during the holidays. Photo from the Office of the Vice President

MANILA, Philippines – Vice President Leni Robredo said Malacañang had an "over the top" reaction when she said that relief efforts in some parts of provinces hit by Typhoon Nina (Nock-ten) were slow.

She clarified that she was not referring to the entire Bicol region.

"Parang nag-overreact naman ata (They overreacted)," said Robredo in an interview during her rounds in Camarines Sur and Catanduanes on Thursday, January 5.

"Hindi natin sinasabing may problema ang buong Bicol region dahil iyong ibang lugar may problema, iyong iba walang problema." (We are not saying there is a problem in the whole Bicol region because there are areas where there is no problem with relief.)

The Vice President said she was only expressing the exasperation of the people on the ground, and that each locality has its own experience when it comes to receiving relief goods from the national government. (READ: Palace chides Robredo for calling Nina rehab 'slow'

"Like here in Buhi [town], there is no problem with relief. I've been to Sañgay [town] yesterday, there is also no problem with relief," Robredo said in Filipino.

"In Catanduanes, what they complain [about] is not the slow response but that the aid that reached them was incomplete because the local government unit and the authorities did not want to release it just yet," she added.

No politics

"Pero makakabuti siguro sa lahat na magtulungan na lang. Dapat walang pulitika ang pag-ayos sa disaster. At least dito sa amin kahit hindi kami magkakapartido, nagtutulungan. Marami akong lugar na pinuntahan na 'di ko kapartido ang LGU pero nakikipagtulungan naman," she said.

(It's better if we just help each other out. There should be no politics in fixing things in the aftermath of the disaster. At least here, even though we are not party mates, we help each other. I visited several places here with leaders who are not my party mates but they cooperate.)

Robredo said the Office of the Vice President will help in consolidating efforts from the private sector and voice out the concerns of her fellow Bicolanos to the national government. She is in talks with the local leaders of Catanduanes and Albay and is eyeing to plan rehabilitation efforts with national government agencies. 

Devastation

The Vice President, who grew up in Camarines Sur and served as its district representative, was in shock to see the damage caused by Typhoon Nina. (READ: Robredo visits Nina-hit CamSur: 'I wish I was here')

"Medyo nagugulat ako kasi, halimbawa, itong barangay na ito (Salvacion-Centro), parang 'pag iyong normal nating mga bagyo, dapat hindi siya sana ganito kagrabe ang damage," she said.

(I was surprised because, for example, this barangay, if it were just a normal typhoon, the damage would not be this severe.)

Livelihood and shelter are among the primary needs of the people in Camarines Sur and Catanduanes. Both provinces declared a state of calamity after the onslaught of the typhoon during the holidays. 

In Catanduanes, 90% of their abaca crops were damaged. Abaca is a primary commodity in the province. Local officials said it would take 18 months before the farmers could recover, causing them to fear that people would migrate out of Catanduanes.

The Department of Agriculture will be providing rehabilitation for the crops. There are available funds from the Department of Social Welfare and Development and the Office of Civil Defense for the shelter assistance. Robredo also said her office will coordinate with these agencies and the local government units. – Rappler.com

Berroya, an Arroyo general, is new LRTA administrator

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YOUNGEST TRAIN. LRT2 is the youngest of the three mass elevated railway lines in Metro Manila. File photo by Sky Author/Wikimedia

MANILA, Philippines – Retired police general Reynaldo Berroya is the new administrator of the Light Rail Transit Authority (LRTA).

LRTA said in a statement on Thursday, January 5, that its board of directors has "unanimously elected" Berroya as LRTA administrator. (READ: LRT2 East, West extension projects to be completed in 2019)

Before being elected as the chief of two state-owned railway systems, Berroya was appointed by President Rodrigo Duterte as member of the LRTA board.

Under the new rules set by the Governance Commission for Government Owned or Controlled Corporations, heads of government–run corporations are chosen from among and by the members of their respected boards. (READ: DOTC to increase LRT1 capacity by 2018)

The LRTA board of directors is composed of 7 ex-officio members from the Cabinet:

  • the transportation secretary (Arthur Tugade) as chairman
  • heads of the Department of Public Works and Highways (Mark Villar), Department of Budget and Management (Benjamin Diokno), Department of Finance (Carlos Dominguez III), National Economic and Development Authority (Ernesto Pernia), Metropolitan Manila Development Authority (Thomas Orbos), and the Land Transportation Franchising and Regulatory Board (Martin Delgra III)
  • two representatives from the private sector as members

Before Berroya's appointment to the LRTA board, he served as general manager of Metro Rail Transit Line 3, chief of the Land Transportation Office, as well as undersecretary for communications at the transportation departmen of previous administrations.

Berroya also served various high positions in the military and gained numerous meritorious accomplishments in Intelligence Operations, Special Operations, Intelligence Service of the Armed Forces of the Philippines, Constabulary Anti-Narcotics Unit, Metrocom Intelligence, as well as Presidential Anti-Crime Commission.

Improvements, reforms

Berroya vowed to institute reforms and improvements in LRTA to "better serve" the riding public.

"I'm committed to support [Transportation] Secretary Arthur Tugade's initiative to improve the conditions of our mass transit system in order to provide a safe, reliable, efficient and convenient travel to our commuters," Berroya said.

LRTA owns LRT Line 1 (LRT1), which runs from Baclaran to Monumento, and LRT Line 2 (LRT2), which runs from Santolan in Marikina to C.M. Recto in Manila. 

LRT1 is being operated and maintained by a consortium of Metro Pacific Investments Corporation and Ayala Corporation under the P65-billion LRT1 Cavite Extension public-private partnership (PPP) deal. LRT2 is being operated and maintained by LRTA.

DMCI Holdings Incorporated of construction magnate Isidro Consunji has bagged the deal to build a 3.9-kilometer elevated guideway for the LRT2 East extension from its current end-station in Santolan to Masinag, with a winning bid of P2.27 billion.

Two additional stations will be built by DMCI: Emerald Station in Cainta and Masinag Station at the Masinag Junction in Antipolo – which are expected to be operational by yearend. – Rappler.com

Ombudsman orders dismissal of CHED's Vitriolo

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DISMISSED. The Ombudsman orders the dismissal of CHED Executive Director Julito Vitriolo after finding him guilty of misconduct. File photo by Toto Lozano/Presidential Photo

MANILA, Philippines – Ombudsman Conchita Carpio Morales on Thursday, January 5, ordered the dismissal of Commission on Higher Education (CHED) Executive Director Julito Vitriolo after finding him guilty of several administrative offenses.

The dismissal order is in relation to the 1996 agreement between the Pamantasan ng Lungsod ng Maynila and the National College of Physical Education (NCPE) to operate diploma programs using PLM's facilities, which was then later found to be irregular.

The Ombudsman said its investigation showed that Vitriolo is guilty of grave misconduct, gross neglect of duty, incompetence, and inefficiency; and that he violated the Code of Conduct and Ethical Standards for Public Officials and Employees for failing to investigate and stop NCPE's diploma programs.

Public funds were wasted as a consequence, Morales said. PLM is a municipal government-funded institution.

"(There were) 703 students who also had to suffer financial reverses for spending time and money for an education that was worthless in the eyes of the law," Morales said in a statement.

"Any public official who transgresses the standards for good public service or causes such transgression must bear the consequences," she added.

Vitriolo said he was taken aback by the Ombudsman's decision but expressed confidence that it will be reversed.

"I was surprised with the decision of the Ombudsman because I believe there were considerations that were not taken into account," he said in a text message to Rappler.

"The decision is not yet final and we will definitely appeal said decision. I firmly believe that upon proper review the findings will be set aside."

PLM-NCPE agreement

The memorandum of agreement (MOA) between PLM and NCPE was suspended in 2008 when the Commission on Audit reported irregularities in the program – it was not approved by PLM's Board of Regents and it did not undergo public bidding.

Morales said Vitriolo not only failed to act on requests to investigate the diploma program, he also allowed the release of the graduates' transcript of records in 2010 despite the MOA suspension.

"By sheer inattention to communications addressed to him, the respondent showed not even the slightest care about requests from the public," the Ombudsman added.

It was not the first time for Vitriolo to commit an administrative offense. Based on Ombudsman records, Vitriolo was meted a one-month suspension without pay in May 1999 for "signing a memorandum when he had lost the authority to do so."

The dismissal order against Vitriolo comes amid tensions in CHED, after President Rodrigo Duterte asked Chairperson Patricia Licuanan to stop attending Cabinet meetings.

Licuanan has said she intends to serve her full term as CHED chair until 2018 and continues to do her duties despite being barred from Cabinet meetings.

In December last year, Vitriolo sent a strongly-worded letter to Duterte requesting that Licuanan be replaced by newly appointed Commissioner Prospero de Vera III.

"Licuanan can no longer be effective in view of irreconcilable differences as well as her failure to tender her courtesy resignation which is tantamount to gross insubordination as mandated by MC 4, thus constituting serious grounds for the loss of trust and confidence in her as Cabinet secretary," Vitriolo told the President. – Lian Buan/Rappler.com

Thousands still stranded in Malaysia floods

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MALAYSIA FLOODS. A girl plays in floodwaters in Malaysia's northeastern town of Rantau Panjang, which borders Thailand, on January 5, 2017. Photo by Mohd Rasfan/AFP

RANTAU PANJANG, Malaysia –  Thousands of people remained stranded in relief centers on Thursday, January 5, as northeast Malaysia struggled to recover from severe flooding and residents raised fears of looting.

But the number of people displaced in the states of Kelantan and Terengganu fell to about 18,300 from almost 23,000 Wednesday.

Seasonal flooding hits Malaysia's east coast states every year and regularly results in mass evacuations.

In badly hit Rantau Panjang, a Kelantan town bordering Thailand, more than 300 residents sought shelter at a crowded relief centre.

Evacuees said food was sufficient but there were hygiene concerns.

Dustbins were overflowing with garbage while families with young children were squeezed into small classrooms.  

Looking glum, flood victims said they were worried about future supplies of clean drinking water, loss of income, and thieves looting their homes.

Mohamad Nawi Che Mamat, 50, said he had to wade through floodwaters daily from the relief centre to check on his home.

"I am unable to go to work and have run out of cash," said the lorry driver, who supports a family of five.

Others who had chosen to remain in their flood-hit homes also expressed frustration, saying they have yet to receive aid.

"We are government supporters but we have not received any food aid from the federal government," said Abdul Manan Mohamad, who added he was running out of money to feed his wife and 4 children.

Mazlina Abdul Rahman, a 49-year-old single mother, told AFP she was hoping for food rations and cash assistance.

"I have to feed 4 children. I am running low on food supplies and do not have cash because my eldest child is unable to go to work due to the floods," she said.

From the air, parts of the state capital Kota Bharu resembled a muddy lake, with only rooftops peeking out of the murky brown waters.

In some areas in Kelantan, children were seen playing in floodwaters while commuters waded  through knee-deep waters.

Zainuddin Hussin, chief of Kelantan's civil department force, said further scattered showers were expected.

Levels of major rivers were receding but he warned that the Golok river, on the border with Thailand, could overflow.  

Malaysia's worst flooding in decades occurred in 2014 and forced some 118,000 people to flee their homes. 

Prime Minister Najib Razak came under fire for golfing with US President Barack Obama during the crisis.  

With a snap general election expected this year, Najib is expected to visit Terengganu and Kelantan on Saturday to oversee rescue efforts.

Votes from the two states will be crucial for the ruling United Malays National Organization.  – Rappler.com

ASEAN 2017 eyes framework on South China Sea code of conduct

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ASEAN'S CHALLENGE. President Rodrigo Duterte accepts the chairmanship of the ASEAN in 2017 during the 2016 ASEAN Summit held in Laos. Photo from PPD

MANILA, Philippines – On the year the Philippines chairs the Association of Southeast Asian Nations (ASEAN), the bloc aims to complete a draft framework on its South China Sea Code of Conduct with China.

"One of our main goals this year, in cooperation with China, not only Philippines, but ASEAN and China, is to try and arrive at a framework for the Code of Conduct for the South China Sea by the end of the year, that will be one of our main priorities," said Foreign Affairs Undersecretary Enrique Manalo on Thursday, January 5.

The Code of Conduct is a long-awaited binding agreement between ASEAN members and China on how overlapping claims in the South China Sea (West Philippine Sea) can be managed. ASEAN countries claiming parts of the South China Sea are the Philippines, Vietnam, Malaysia, Indonesia, and Brunei.

In past ASEAN summits, the Philippines has pushed for the completion of a Code of Conduct.

But for over a decade, ASEAN and China have depended on the non-binding Declaration on the Conduct of Parties in the South China Sea, signed in 2002 which encouraged the peaceful settlement of disputes and affirmed commitment to the 1982 UN Convention on the Law of the Sea, among others.

China has been perceived to be blocking efforts for the completion of the Code of Conduct.

'No need' to discuss Hague ruling

It remains to be seen if the Philippines, as chair of ASEAN, will push for a discussion on the historic case won by the Philippines against China given President Rodrigo Duterte's strategy not to bring up the ruling any time soon.

The ruling by an international court recognized the Philippines' claim over the South China Sea and nullified China's.

"There's no need to really discuss the Hague ruling because it already exists. It's already a part of the law, so it's there and the focus will be of course on – I think the priority now is to try and get a Code of Conduct," said Manalo.

China continues to disregard the ruling, insisting it is not violating international law by building islands and putting up military structures inside the Philippines' exclusive economic zone.

Manalo admitted the Philippines faces a "major challenge" in completing a framework agreed to by China and the rest of ASEAN.

The Philippines' ASEAN chairmanship comes at a time when its leader is on friendlier terms with China.

Duterte's state visit to Beijing last October led to the "full recovery" of ties between the two countries.

The President has chosen not to "flaunt" the Hague ruling that so angers China, preferring to focus on economic cooperation with the Asian giant.– Rappler.com

Obama defends legacy in letter to American people

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SUMMIT. US President Barack Obama heads to Paris to attend the 195-nation UN climate summit. Photo by Mandel Ngan/AFP

WASHINGTON, DC, USA – US President Barack Obama acclaimed his outgoing administration's accomplishments on Thursday, January 5, in a letter to the American people defending a legacy on health care and other issues that his successor Donald Trump has vowed to dismantle.

The White House released the president's letter along with reports from each of his cabinet secretaries describing the progress made since Obama took office 8 years ago with the world's largest economy spiralling towards depression.

"As I prepare to pass the baton and do my part as a private citizen, I'm proud to say that we have laid a new foundation for America," he said.

He cited the turn-around in the US economy, the scaled back military operations in Afghanistan and Iraq, a sharply reduced dependence on foreign oil, and the Paris climate agreement as among his administration's important accomplishments.

But near the top of his list was the Affordable Care Act, the signature health care reform that Democrat Obama prizes and Republican Trump has vowed to ditch.

Obama has launched a parting offensive to try to save it, making a rare visit to Congress on Wednesday to rally Democrats for what is shaping up as the first major fight of the next administration.

Vice President-elect Mike Pence made his own trip to Capitol Hill to strategize with Republicans, who control the House and Senate and will have the White House as well once Trump takes office on January 20.

"The first order of business is to repeal and replace Obamacare," Pence told reporters in the US Capitol shortly after meeting with House Republicans.

Trump himself has cautioned against over-hasty action.

"Republicans must be careful in that the Dems own the failed ObamaCare disaster," the president-elect said on Twitter, warning Republicans to allow it to "fall of its own weight".

In his letter, Obama argued that the United States has "begun the long task of reversing inequality".

"What won't help is taking health care away from 30 million Americans, most of them white and working class; denying overtime pay to workers, most of whom have more than earned it; or privatizing Medicare and Social Security and letting Wall Street regulate itself again -- none of which middle-class Americans voted for."

Obama's reforms came under fire during the US presidential campaign as insurance premiums rose and some major insurers backed out of the state markets created under the law.

But elements of Obamacare remain popular, notably the provisions barring companies from refusing coverage due to pre-existing conditions and allowing children to retain coverage on family plans through to 26 years of age. – Rappler.com

 


PNP to impose Manila gun ban for Nazarene feast

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NAZARENO PREPS. PNP chief Ronald dela Rosa is flanked by top PNP officials, including those involved in preparations for the Feast of the Black Nazarene. Rappler photo

MANILA, Philippines – Only police and military personnel in uniform will be allowed to carry firearms in the city of Manila before, during, and after the Feast of the Black Nazarene, the Philippine National Police (PNP) announced on Thursday, January 5.

During a press conference at Camp Crame, PNP chief Director General Ronald dela Rosa announced the 48-hour suspension of all Permits to Carry Firearms Outside of Residence in the city of Manila from 8 am on Sunday, January 8 to 8 am on Tuesday, January 10.

"This suspension will have the effect similar to a gun ban imposed during elections and special events wherein only members of the military, police, and law enforcement agencies while on duty and in uniform are authorized to bear firearms," said Dela Rosa.

Metro Manila police chief Director Oscar Albayalde had earlier said they wanted to impose a gun ban, pending Dela Rosa's approval.

The Black Nazarene procession is a yearly event that attracts millions of devotees from all around the country. It is expected to draw up to 8 million devotees raring to touch or see a 17th-century mulatto image of Jesus Christ, in a procession called the Traslacion.

Interior Secretary Ismael Sueno, in a separate news briefing, said law enforcement personnel would be placed on "full alert" following intelligence reports that terror groups may launch an attack during the Traslacion.

More than 5,700 law enforcers will be deployed for the event. 

Earlier on Thursday, Philippine military and police killed Mohammad Jaafar Maguid, leader of the pro-ISIS Ansar Khalifa Philippines, during an operation.

Dela Rosa said the PNP is preparing for possible retaliatory attacks from the terror group. – Rappler.com

National Artist Virgilio Almario is new NCCA chair

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Screenshot by Rappler

MANILA, Philippines – National Artist for Literature and Komisyon sa Wikang Filipino (KWF) chairperson Virgilio Almario is the new chairperson of the National Commission for Culture and the Arts (NCCA).

The commission announced the news on its website on Thursday, January 5.

"Almario was elected for the term 2017 to 2019 and shall lead the NCCA Board of commissioners composed of representatives from the legislative, executive, and the private sectors," a post on the NCCA website read.

According to Section 9 of Republic Act 7356– the law which created the NCCA – the chairperson of the commission is elected by a 15-member board of commissioners among themselves.

Before Almario was elected to the post, another name was floated to head the NCCA: veteran singer-songwriter Freddie Aguilar, who worked for President Rodrigo Duterte's campaign, and who expressed strong interest in the post.

Almario is not new to the NCCA. Aside from his membership in the NCCA's Board of Commissioners, Almario served as the commission's executive director from 1998 to 2001.

"Chairman Almario continues to champion language and literature as the Chairman of Komisyon sa Wikang Filipino," the NCCA said. 

The KWF also congratulated Almario on its website: "Pagbati kay Tagapangulo at Pambansang Alagad ng Sining Virgilio S. Almario sa pagkakahirang na Tagapangulo ng Pambansang Komisyon para sa Kultura at mga Sining. Lubos na pasasalamat sa inyong patuloy na paglilingkod sa wika at kulturang Filipino."

(Congratulations to KWF Chair and  National Artist for Literature Virgilio S. Almario for his election as NCCA chair. We are extremely grateful for your continued service to the Filipino language and culture.)

Other members of the 2017-2019 NCCA Board for Commissioners are:

  • Senator Paolo Benigno Aquino IV
  • Sorsogon 1st District Representative Evelina Escudero
  • Department of Education Undersecretary Alberto Muyot
  • Department of Tourism Undersecretary Falconi Millar
  • National Historical Commission of the Philippines OIC Chair Rene R. Escalante
  • National Museum Director Jeremy Barns
  • National Library of the Philippines Officer-in-Charge/Assistant Director Yolanda Jacinto
  • National Archives of the Philippines Executive Director Victorino Manalo
  • Cultural Center of the Philippines President Raul Sunico
  • Teddy Co, Commissioner of the Subcommission on the Arts
  • Alphonsus Tesoro, Commissioner of the Subcommission on Cultural Communities and Traditional Arts
  • Orlando Magno, Commissioner of the Subcommission on Cultural Dissemination 
  • NCCA OIC-Executive Director Marichu Tellano

Rappler.com

Damascus water crisis grows as fighting threatens truce

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DAMASCUS, Syria – A major water crisis in Syria's capital worsened as regime and rebel forces clashed near its main reservoir on Thursday, January 5. despite a fragile truce that entered its seventh day.

The water from rebel-held Wadi Barada, which supplies 4 million people in Damascus, has been cut since December 22, causing major shortages.

The regime and rebels have traded accusations over responsibility.

Government forces backed by Lebanon's Hezbollah group are fighting to recapture the area northwest of Damascus even as a nationwide ceasefire has brought quiet to other parts of Syria in preparation for renewed peace talks.

The truce, brokered by regime backer Russia and rebel sponsor Turkey, was meant to pave the way for peace negotiations later this month in the Kazakh capital Astana.

The Syrian Observatory for Human Rights said regime forces late Wednesday launched "dozens of air strikes on parts of Wadi Barada along with artillery and rocket fire, killing a firefighter." 

The Observatory, a Britain-based monitor of Syria's conflict, said pro-regime forces and rebels were locked in ongoing clashes there Thursday.

Retaking the area became an urgent priority for the regime as the cut caused severe water shortages in the capital.

Damascus residents said they have been forced to buy bottled water at twice its normal price as their supplies have run low.

'Water is life'

"We used to complain about power cuts, but now we can see that it's nothing compared to the lack of drinkable water. Water is life," said Faiz, a 50-year-old civil servant. 

Riham, 49, of Mashrou Dummar district, said she has not been able to bathe or wash her clothes for a week. The water in her own tank had almost run out and she only uses it for absolute necessities.

The public water authority has published daily updates on its Facebook page telling residents where and when water will be distributed.

But locals said the water often fails to arrive and when it does, is undrinkable. 

Authorities said they closed several shops on Wednesday for selling drinking water at elevated prices.

Mohannad, 53, said he buys drinking water at twice its normal price. A 10-litre bottle that sold for 500 liras ($1/95 euro cents) before the mains water was cut now sells for 1,000 liras.

"It's an unexpected cost on top of that fact that living is already expensive," Mohannad said.

The regime says forces in Wadi Barada include former Al-Qaeda affiliate Fateh al-Sham Front, previously known as Al-Nusra Front, which Moscow and Damascus say is excluded from the ceasefire.

Rebels deny the group is in the area.

The fighting near Damascus threatened a truce that was meant to pave the way for peace negotiations later this month in the Kazakh capital Astana.

'Critical phase'

Observatory director Rami Abdel Rahman said the truce was in a "critical phase" with violations on several fronts. But he said fighting had eased considerably since the truce came into force. 

"The number of casualties has fallen a lot, with only 13 dead in the areas covered by the ceasefire since the truce began. That would have been the toll of a single air strike before it came into force."

French President Francois Hollande on Thursday called for respect for the ceasefire, "particularly by the regime" so peace talks could go ahead.

"Every effort should be made to ensure that the negotiations envisaged by the United Nations can take place within the envisaged timeframe," his office said.

Turkey's Foreign Minister Mevlut Cavusoglu warned Wednesday that regime and Hezbollah violations of the truce were putting the Kazakhstan talks at risk.

"When we look at who commits these violations, it is Hezbollah, in particular Shiite groups and the regime," he said.

He urged Russia and Iran, which both back President Bashar al-Assad and are also helping prepare the Astana talks, to pressure Damascus and Hezbollah to stop the fighting.

Iran hit back at "unconstructive" Turkish allegations that Tehran's allies were violating the ceasefire, accusing rebels of breaking the truce.

"The current ceasefire in Syria has been violated repeatedly by the anti-government armed opposition groups," foreign ministry spokesman Bahram Ghasemi said.

Despite backing opposite sides in the conflict, Ankara and Moscow have worked closely to broker the ceasefire and plan the Astana talks, which Cavusoglu said could take place on January 23.

Regime ally Iran is also involved in organising the talks, and top official Alaeddin Boroujerdi was in Damascus on Wednesday for talks with Assad. – Rappler.com

Kentex fire: Ombudsman wants charges vs Gatchalian reinstated

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KENTEX FIRE. Members of the SOCO examine charred bodies of workers killed in the slipper factory fire as they collect DNA and recognisable marks from the victims at the barangay hall of Maysan, Valenzuela City on May 14, 2015. File photo by Ben Nabong/Rappler

MANILA, Philippines – The Office of the Ombudsman petitioned the Sandiganbayan Second Division to reverse a December resolution that dismissed charges against Valenzuela City Mayor Rexlon Gatchalian and two other city officials over the Kentex factorr fire of May 2015.

The anti-graft court's division said it found no probable cause to convict the respondents of graft and reckless imprudence resulting in multiple homicide and physical injuries.

In an 18-page motion for reconsideration, the prosecution requested the court look into the evidence again, saying there was enough basis to proceed to trial, and to hold the defendants liable.

The prosecution added, “Apparently, the Honorable Court overlooked some facts and circumstances which if taken into account would have led the court to a different conclusion."

This is the 3rd time the Ombudsman has asked for the reversal of a high-profile acquittal. This follows requests to reverse the acquittals of former agriculture officials – including former Undersecretary Jocelyn Bolante – over a fertilizer fund scam worth P723 million. (READ: Sandiganbayan junks Joc-joc Bolante plunder case)

Joseph Victor Ejercito and his 5 co-accused were also acquitted in a graft case.  (READ: JV Ejercito, 5 others acquitted of graft)

Not their responsibility

The Sandiganbayan, in its earlier decision, said it wasn't the responsibility of Gatchalian or of the two other defendants –  Business Permits and Licensing Office (BPLO) chief Renchi May Padayao, and BPLO licensing officer Eduardo Carreon – to make sure businesses comply with fire safety measures before approving business permit applications.

Instead, it said, that responsibility fell on the shoulders of the Bureau of Fire Protection (BFP) – which is bound by law to implement the 2008 Revised Fire Code of the Philippines.

It also said the BFP was responsible for implementing the Fire Safety Inspection Certificate (FSIC), and was obliged to tell LGU officials of compliance or violation with fire safety codes.

Unwarranted benefits

Prosecutors say the 3 named officials gave Kentex owners unwarranted benefits or advantage.

Contrary to the finding of the court, prosecutors argue, the FSIC submission was not waived as a requirement for the issuance of business permits as the intent of Ordinance Number 62, Series of 2012, was simply to streamline the process of business licensing.

Prosecutors added: “Nowhere in (the) Ordinance…does it provide that Kentex is entitled to the business permit even without the required FSIC. In fact, what it ordains is the speedy and simplification of the business-related application processes and at the same time providing therein measures for the strict compliance with applicable statutes.”

The ordinance also says full observance by applicants of safety and sanitation requirements is presumed. A post-audit is still mandatory, however, after the issuance of the business permit to determine if violations exist.

The prosecution continued by stating the ordinance could not take precedence over the requirements of the Fire Code of the Philippines. Unlike the ordinance, the Fire Code is a national law requiring FSIC compliance before any business permits are issued. The absence of any record of FSICs for 2014 and 2015 being issued to Kentex, they add, should be seen as proof of the graft case against the defendants.

Based on Ordinance No. 62, a post-inspection should have shown issues with the factory's set-up as early as 2014.

“The accused should have known or ought to have known of Kentex’s delinquency status and should have acted accordingly,” the prosecution said. – Rappler.com 

Bus burned in Sarangani Province

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MANILA, Philippines – According to the military, unidentified armed men burned a bus belonging to the Yellow Bus Line (YBL) at Sitio Linic, Brgy Nalus, in Kiamba town, Sarangani Province at approximately 6:50 pm of Thursday, January 5. 

No additional details are currently available, though there is speculation the burning incident was retaliation by the Ansar al Khilafah Philippines (AKP) for the death of its leader Mohammad Jaafar Biwang Maguid, as well as the arrest of his live-in partner and two security escorts at Angel Beach Resort in Brgy Kitagas, Kiamba earlier today.

This is the 14th arson case in southeastern Mindanao.

It is also the fourth against the Yellow Bus Line since November 9, 2016. – Rappler.com

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