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Belgium arrests 5 in Paris attacks probe – prosecutors

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DEATH TOLL 'MUCH HEAVIER.' A general view of damage outside the Bataclan concert venue in Paris, France, November 13, 2015, where a gunman has reportedly taken people hostage. Photo by Christophe Petit Tesson/EPA

BRUSSELS, Belgium – Belgian police have arrested a total of 5 people including two brothers during a series of arrests in connection with last month's Paris attacks, prosecutors said Monday, December 21.

Police arrested the two brothers and a 3rd person in a raid on a house near the main tourist district in central Brussels on Sunday, the federal prosecutors office said in a statement.

"A thorough analysis of phone records was the basis for this house search," the prosecutors' statement said, adding that the third person was a "friend of the two brothers."

Two other men were arrested during a house search on Monday in Laeken, a northern suburb of Brussels near the royal family's residence and the Atomium tourist attraction, the prosecutors said.

No explosives or weapons were found in either search, the statement said. None of the people arrested has been identified.

Belgian police are still actively looking for Brussels-born Salah Abdeslam, 26, suspected of having played a key role in the Paris attacks and understood to have returned to the Belgian capital the day after the bloodshed.

A source close to the Belgian investigation told Agence France-Presse Sunday that Abdeslam made it past 3 police checks when friends drove him from Paris to Brussels in the hours after the coordinated gun and suicide bombings which left 130 people dead.

Several people have since been charged with helping him on his return to Brussels. – Rappler.com


Saudi reformist writer 'jailed for 4 years'

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NO WRITING. Saudi reformist and writer is jailed for 4 years and banned from writing for 15 years.

DUBAI, United Arab Emirates – A Saudi reformist writer who called his fellow intellectuals "cowards" and his country racist has been jailed for 4 years and banned from writing, his lawyer and son said Monday, December 21.

Zuhair Kutbi "was sentenced to 4 years prison" and banned from writing for 15 years, lawyer Ibrahim al-Midaymiq tweeted at @imodattorney.

Half of the sentence was suspended, meaning he will serve the other two years.

Kutbi's son Jameel Zuhair Kutbi gave the same information at @DrEngJimmy.

"My father has been sentenced", Jameel said.

The writer was also fined 100,000 riyals ($26,667) and banned from travelling for 5 years, they said.

In a tweet on Sunday, the son said his father was to be sentenced by a "terrorism" court.

It was not immediately clear what he was guilty of, but activists have accused Saudi Arabia of using such courts to target members of civil society.

New York-based Human Rights Watch said in August that Kutbi, 62, was detained after an interview in June in which he called for reforms including "transforming the country into a constitutional monarchy and combatting religious and political repression".

It said authorities apparently questioned him about his television appearance on the private Rotana Khalijiya channel, "which had attracted considerable attention on social media".

According to translated excerpts of the show carried by the US-based Middle East Media Research Institute, Kutbi said he had been jailed 6 times.

He said he had also been sent to an "insane asylum" for demanding reform.

Kutbi said most Saudi intellectuals "do not speak the truth" and "racism and regionalism" are part of Saudi identity, according to MEMRI. – Rappler.com

EU, Switzerland cite progress, but no deal on migrant curbs

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DISPLACED. Syrian refugees wait behind barbed wire near the Turkish-Syrian border after fleeing Syria, near Sanliurfa, Turkey, 23 September 2014. Sedat Suna/EPA

BRUSSELS, Belgium – The EU and close partner Switzerland said Monday, December 21, they had made progress but reached no agreement over Swiss curbs on EU migrants which violate the bloc's free movement rules.

Switzerland narrowly voted for the curbs in early 2014 but the issue is newly topical as Europe faces its worst refugee crisis since World War II and Britain seeks migrant restrictions of its own to stay in the bloc.

Swiss Federal President Simonetta Sommaruga said after talks in Brussels with European Commission head Jean-Claude Juncker that both sides wanted an accord but it was easier said than done. 

"We have cleared the ground but we have no solution ... there is still a difficult way to go and a lot of work to be done. We might succeed, we might not," Sommaruga told reporters.

Juncker said it was in the interests of both sides to find agreement.

"We hope that by February we will be able to set out what progress has been made," he said. "We are confident of reaching an agreement."

The Swiss vote in February 2014 jeopardised years of close ties with the 28-nation European Union which is founded on the core principle of free movement for all its citizens.

Switzerland is not an EU member state but it does belong to Schengen, Europe's passport-free zone which has come under huge pressure as the migrant crisis has deepened this year.

In February, the Swiss government presented legislation to try and reconcile voters' wishes with EU rules by allowing in migrants under specific exceptions to some of the restrictions.

Some 80,000 migrants, most from the EU, have settled in Switzerland annually and around a quarter of its eight million people are foreign nationals. – Rappler.com

Senator Lindsey Graham ends US presidential bid

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OUT. Lindsey Graham announced December 21, 2015 that he is dropping out of the presidential race. Photo by Robyn Beck/AFP

WASHINGTON, United States – Lindsey Graham, the hawkish Republican senator who has called for thousands of US troops in the Middle East and warned Americans against nominating Donald Trump for president, announced Monday, December 21, he is exiting the White House race.

"I am suspending my campaign, but never my commitment to achieving security through strength for the American people," Graham said in a video statement. 

"The centerpiece of my campaign has been securing our nation. I got into this race to put forward a plan to win a war we cannot afford to lose, and to turn back the tide of isolationism that was rising in our party," he said.

The 60-year-old senator from South Carolina never gained traction with his improbable campaign, often polling at just one percent nationally.

In a race crowded at one point with 17 candidates, Graham was swamped by political outsiders including Trump, retired neurosurgeon Ben Carson and to a degree his fellow Senator Ted Cruz.

But he has helped shape the conversation on the campaign trail, particularly when it came to national security. 

In the first in a series of Republican primary debates, he stated that any candidate who did not understand that the United States needed more troops on the ground in Iraq and Syria to defeat the Islamic State group was not ready to be commander in chief. 

"At that time no one stepped forward to join me. Today, most of my fellow candidates have come to recognize this is what's needed to secure our homeland."

Graham often touted his experience in the Middle East -- he says he has made 36 trips to the region -- and said the next US president must have a deft understanding of the conflicts there.

He has expressed particular bitterness towards Trump, describing him as a xenophobic bigot for his comments about Muslims and at one point this month saying American voters should tell the bombastic billionaire to "go to hell." – Rappler.com

Large number of refugees to Germany may not be able to find work – Bundesbank

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WELCOME. Refugees react to the welcome greetings of Munich's residents after their arrival at the main train station in Munich, southern Germany, on September 05, 2015. Hundreds of refugees arrived in Germany on September 5, 2015 coming from Hungary and Austria. Photo by Christof Stache/AFP

FRANKFURT, Germany – Many of the refugees arriving in Germany could initially find it difficult to get a job because of their young age and lack of qualifications, the German central bank or Bundesbank said on Monday, December 21.

The Bundesbank estimated that the net immigration of asylum seekers -- ie. the number of inflows minus outflows -- could total over one and half million between 2015 and 2017.

Of these, "the share of non-employed persons will probably remain comparatively high for the time being as many newcomers will first need to acquire German language skills and other qualifications," the central bank wrote in its monthly report.

Germany, the EU's biggest economy, this year looks set to take in one million people fleeing war and misery in what the government has said is its biggest challenge at least since national reunification a quarter-century ago.

Germany will take in more refugees than any other country in Europe, but many people are worried about the economic consequences of doing so.

The Bundesbank said that, initially, the rate of participation of the new arrivals into the labour force would be "just under 50%." 

That was "well below" the average for the general population, roughly three-quarters of which is in the workforce.

The aggregate labour supply was projected to grow by around 520,000 persons -- or one and a quarter percent -- in cumulative terms until the end of 2017, the Bundesbank said.

But, "the results of empirical studies suggest that this additional pool of labour will initially push up unemployment owing to low or irrelevant skills as well as cultural and linguistic barriers, with refugees only gradually gaining a foothold in the labour market," the Bundesbank said. 

According to the IAB Institute for Employment Research, the level of unemployment among foreigners from war-torn and crisis-stricken countries, many of whom were likely to have entered Germany only recently, "stands at around 40 percent," the report said. 

"Despite the currently favourable labour market situation, the projection assumes an unemployment rate of 70 percent in the first 12 months following recognition as a refugee, falling to a still sizeable 40 percent in the third year."

This translated into an employment rate of around 15 percent in the first year following the granting of refugee status, rising to roughly one-third after three years, the Bundesbank said.

Turning to the general economic effect of refugee immigration, the Bundesbank estimated it could help boost domestic demand. 

"The supply effects and the long-term impact on public finances will largely hinge on how quickly and effectively refugees are integrated into the labour market," the central bank said.

"In the short run, the effects are likely to be comparatively modest due to the presumed low initial participation rate and high unemployment among these refugees, and their integration will remain a major challenge for some time to come," it concluded. – Rappler.com

Russia says downed warplane's damaged black box 'not yet' readable

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BLACK BOX RECOVERED. A still image made available on November 24, 2015 from video footage shown by the HaberTurk TV Channel shows a burning trail as a plane comes down after being shot down near the Turkish-Syrian border, over north Syria. HaberTurk TV Channel/EPA

MOSCOW, Russia – Russian military officials said Monday, December 21, they would call on more specialists to help decipher the damaged black box of a warplane shot down by Turkey after a first attempt to read the device failed. 

"Reading the memory cards is not yet possible due to internal damage," said Sergei Bainetov, the deputy head of flight safety in the Russian armed forces, RIA Novosti reported. 

"The commission is contemplating calling upon specialised Russian research institutions, which have the ability to extract information directly from the microchips' crystals."

Bainetov said further attempts to read the flight recorder would take "quite a long time" but did not provide an estimated timeframe. 

He said 13 of the 16 microchips contained in device had been destroyed, and that the remaining three were damaged. 

Moscow and Ankara have been locked in a bitter spat over Turkey's downing of the warplane on the Syrian border last month, which led to the deaths of a pilot and another serviceman who attempted to rescue him.

They were Russia's first combat casualties in its bombing campaign in Syria that was launched on September 30.

Military officials had warned on Friday, December 18, when the opening of the black box was broadcast on national television, that its memory cards could have sustained damage.

The Russian air force opened the device in front of specialists from Britain, China and the United States after President Vladimir Putin had ordered that it only be opened in the presence of foreign experts. 

Bainetov said Monday the foreign experts involved had praised the "openness" of the process. 

Putin has said an analysis of the black box would help determine the downed jet's flight path and position, which Ankara and Moscow have furiously disagreed upon. 

Turkey says the Russian jet strayed into its airspace and ignored repeated warnings, while Moscow insists it did not cross over from Syria and accused Ankara of a planned provocation.

The November 24 downing triggered the biggest crisis in ties between Moscow and Ankara since the end of the Cold War, with Russia slapping a raft of economic sanctions against Turkey. – Rappler.com

Guatemala detains 33 migrants from Nepal, Bangladesh

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GUATEMALA CITY, GUATEMALA – Guatemalan authorities Monday, December 21, were holding 33 undocumented migrants from Nepal and Bangladesh found being transported in a bus on the outskirts of the capital and presumed to be trying to make it to the United States.

The group, all men, was arrested on Sunday in the east of Guatemala City during a police operation triggered by a tip-off about possible smuggling of migrants in the area, the police said in a statement.

There were 16 Nepalese and 17 Bangladeshis on the bus, the statement said, adding that they were also suspected of wanting to enter the United States. They were taken to a hostel run by the state migration service in the south of the capital.

How the men made it from their homelands in South Asia to Central America was not given.

However in June, Guatemalan officials arrested four Guatemalans suspected of smuggling migrants from Asia and Africa to the United States. And in August, police discovered 11 Nepalese, seven Bangladeshis, a Salvadoran and a Honduran holed up in a house in the south of the country. – Rappler.com

Cagayan priest to sue dam operator Aboitiz over floods

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CAGAYAN, Philippines – A priest based in this province is studying the possibility of suing the owner and operator of Magat Dam for releasing water at the height of Typhoon Nona (Melor), causing floods in Cagayan, Isabela, and neighboring provinces.

Father Ranhilio Aquino, dean of San Beda College’s Graduate School of Law, said he and his colleagues have “empirical evidence” that SN Aboitiz Power Group is responsible for “thoughtlessness” at the height of the typhoon, causing floods and destroying crops.

The heavy rains brought on by Typhoon Nona breached the spilling level of Magat Dam, forcing the operator to release water and maintain the dam’s normal capacity.

The release of water caused an increase in the water level in Cagayan River and its tributaries, causing head-high floods in low-lying areas.

“The rains were strong, but definitely not strong enough to cause flooding. Clearly, Magat Dam is to blame,” Aquino said in a Facebook post.

SN Aboitiz Power-Magat Incorporated owns and operates the 360-megawatt Magat Hydroelectric Power Plant located at the border of Ramon, Isabela, and Alfonso Lista, Ifugao.

"Though used for power generation and flood control, the dam’s primary purpose is to irrigate around 85,000 hectares of agricultural lands in Cagayan Valley, mostly in Isabela Province," the company website says.

Aquino said lawyer Antonio La Viña, part of the Philippines’ negotiating panel at the climate conference in Paris, will help them study the case.

La Viña confirmed to Rappler he had agreed to help Aquino's group study the case and identify specific respondents. "We will work with Father Aquino and other petitioners on this."

Aquino said those who are supportive of the plan will convene at the Archbishop’s Residence at the Tuguegarao Cathedral on December 30.

“May I therefore call on all lawyers who believe in this cause and other community leaders to a meeting at the Archbishop's Residence on December 30, Wednesday, at 9:30 in the morning, so that together we may prepare the complaint against Magat Dam,” he announced.

“Once more, farmers lose what they have just planted. Yet again, Tuguegaraoenos from the riverside, from Linao and other parts of the city must scamper to safety, in panic, as they vainly try to save their belongings,” he added.

Rappler tried to reach Magat Dam officials for comment, but no one was answering their office phone after several attempts. 

‘Test case’

Cagayan 3rd District Representative Randolph Ting said he wouldn’t oppose Aquino’s move. He said it will be the “test case” to spark discussion on who should be blamed for floods, and how to mitigate them.

Ting also said it is the “primary” duty of the executive department, including the local government units (LGUs) to create flood control schemes since they have calamity funds.

The city of Tuguegarao released in October a P36-million calamity fund after Typhoon Lando (internation name: Koppu) submerged houses and destroyed rice and corn crops.

Ting said the fund “may” be enough to create projects to mitigate floods.

Damage, casualties

In Cagayan Valley, 6 people were reported dead, all in Nueva Vizcaya province, due to Typhoon Nona. They included children, aged 4 and 8, whose houses were buried by landslide.

One person from Nueva Vizcaya is still missing after he was carried away by strong current when he tried to cross a swollen river.

In a report, Office of Civil Defense-Cagayan Valley chief Norma Talosig said floods in the region have displaced almost 200,000 residents from the provinces of Cagayan, Isabela, Nueva Vizcaya, and Quirino.

The partial damage in agriculture and fisheries was pegged at P579 million, putting into waste almost 25% of the standing crop.

The region is home of the country’s corn capital, Ilagan City. – Rappler.com 


Soldiers with relief goods ambushed by rebels in Northern Samar

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MANILA, Philippines – One soldier was killed while 2 others were wounded when communist rebels early Tuesday morning, December 22, ambushed their convoy transporting relief goods in Northern Samar.

Troops of the 20th Infantry Battalion of the Philippine Army were conducting humanitarian assistance and disaster relief operations after Typhoon Nona (international name Melor) near Barangay Bukid, Las Navas, Northern Samar, when a still-unknown number of New People's Army fighters attacked them.

The soldiers' names will not be released until their families are notified. Military units in the immediate area conducted hot pursuit operations.

This incident follows a recent encounter in Pinabacdao, Samar, where communist rebels also attacked the truck of the National Disaster Risk Reduction and Management Council (NDRRMC) carrying relief goods for typhoon victims.

Colonel Lacurom, brigade commander of the 803rd brigade, said that the offensive by the NPA against Philippine troops would not hamper the ongoing humanitarian operations.

"Our soldiers are doing their job to help affected civilians, even sacrificing their lives. This event is a clear manifestation of terroristic acts by the New People's Army even during calamities," said Lacurom, in a statement released by his civil-military operations staff officer, Captain Mazo. 

"We will continue to pursue our objective, that is to help our local communities that are badly affected by the storm Nona, in support of the provincial government of Northern Samar, other government agencies, and stakeholders in the spirit of bayanihan (community)," said the colonel.

In a statement, Social Welfare Secretary Corazon Soliman condemned the attack. "This is an assault to the humanitarian efforts of the government, which came at a time that our countrymen are in dire need of immediate assistance." 

Humanitarian response has been affected as a result of this event, with aid delivery slowing due to safety and security concerns. 

"The trucks were also supposed to carry the more than 270,000 GI sheets for distribution to families whose houses were damaged by Typhoon Nona," explained Soliman, who is also vice chairperson for response of the NDRRMC.

"We call on the perpetrators to respect and uphold neutrality, impartiality, and independence of humanitarian workers of the government," Soliman said.

Other government officials denounced the assault. 

"I would like to register the strongest condemnation of what had been done by the said group," said Social Welfare and Development Undersecretary Vilma Cabrera of the NDRRMC Response Cluster. 

"The National Government will not stop delivering the items required by our people," Cabrera said when she presided over a Response Cluster meeting at Camp Aguinaldo in Quezon City.
 
Members of the Response Cluster will be wearing black ribbons starting December 22 as a sign of sympathy and protest. . 

Undersecretary Alexander Pama, Civil Defense Administrator and Executive Director of the NDRRMC, echoed her statement. "It will not lessen our resolve. It just proves that they (the New People's Army) don't have a conscience. I hope they're happy." – with a report from Lou Gepuela/Rappler.com

Cardinal Tagle to priests: Don't say Mass in campaigns

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NO PARTISANSHIP. Manila Archbishop Luis Antonio Cardinal Tagle says priests should avoid perceptions of partisanship during elections. File photo by Jose Del/Rappler

MANILA, Philippines – Months before the May 2016 elections, Manila Archbishop Luis Antonio Cardinal Tagle advised priests not to say Mass in political events or campaigns.

In a circular dated December 10, Tagle also said priests should not allow politicians to organize mass baptism, confirmation, or wedding ceremonies.

"First we advise priests not to accept invitations to celebrate Mass at political events and campaigns. The Eucharist is the source and sign of unity. Its celebration should not be seen as favoring or endorsing particular candidates, organizations, or parties," Tagle said in the circular addressed to all priests in the Archdiocese of Manila.

Referring to sacraments in the Catholic Church, Tagle added, "We should not allow candidates to organize binyagang bayan, kumpilang bayan, and kasalang bayan." (We should not allow candidates to organize mass baptisms, mass confirmations, and mass weddings.)

Tagle issued this circular as politicians launch their campaigns even before the official campaign period begins as early as February 2016.

In his circular, Tagle also reminded priests of a standing policy that lay ministers running for public office "must take a leave from the exercise of their ministry upon filing for candidacy."

The cardinal continued, "You may organize a recollection and covenant-signing to which candidates from all parties are invited to come."

He urged priests as well "to be more discerning in seeking assistance or favors from politicians so as not to endanger the integrity of the Church’s teaching and moral stance."

Not endorsing candidates

"It is best to avoid appearing in public political sorties and campaigns, while not discouraging politicians and candidates from seeking genuine spiritual counsel," Tagle said.

In September, the cardinal himself led a prayer meeting with 3 of the Philippines' top presidential bets – Vice President Jejomar Binay, Senator Grace Poe, and administration standard-bearer Manuel Roxas II.

Back then, Tagle said there was "no political discussion" in the prayer meeting convened by the Parish Pastoral Council for Responsible Voting.

"As pastors and spiritual guides we are called upon to be ministers of unity and harmony. Thus we call attention to certain practices that are best avoided so as not to bring about discord and misunderstandings in the community and society," the Manila archbishop said.

The Catholic Church has said it is not supposed to endorse specific candidates during elections.

Individual bishops, however, campaigned against certain candidates in the past.

In the 2013 elections, for instance, at least 6 bishops joined a campaign against so-called "Team Patay" (Team Death) senatorial bets.

"Team Patay" candidates supported the reproductive health law, a measure opposer by the Catholic Church because it legalized state funding for contraceptives. – Rappler.com

Comelec votes on Grace Poe appeal vs disqualification

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DECISION. Comelec Commissioner Rowena Guanzon says the poll body is set to promulgate the decision on the 2 motions for reconsideration filed by Senator Grace Poe involving her disqualification on Wednesday, December 23. Photo by Camille Elemia/Rappler

MANILA, Philippines – The Commission on Elections on Tuesday, December 22, has finished voting on the two motions for reconsideration filed by Senator Grace Poe involving her disqualification from the presidential race.

While Commissioner Rowena Guanzon refused to divulge the results of the Comelec en banc executive meeting, she said the poll body voted separately on the two cases. 

Only Commissioner Christian Robert Lim inhibited from voting on the 2nd division appeal, she said, as petitioner Estrella Elamparo was an associate in his former law firm. Meanwhile, no one inhibited from voting on the 1st division case.

Guanzon said the decision will likely be promulgated on Wednesday, December 23. 

“We have voted for the motion for reconsideration, bukas ho matatapos na siguro. We have all voted. Mas maganda tomorrow kasi bukas yung promulgation probably. We cannot naman disclose our vote but the public should be assured there is no delay. Kasi madami ang nagtatanong bakit ang tagal,” Guanzon said. 

(We have voted for the motion for reconsideration, it will be done likely by tomorrow. We have all voted. It would be better tomorrow because the promulgation will likely be tomorrow. We cannot disclose our vote but the public should be assured there is no delay. Because many are asking why it's taking long.)

Commissioners ‘carefully studied’ cases

Guanzon, who is believed to be an ally of administration standard-bearer Mar Roxas, maintained all commissioners of the poll body “carefully” studied the cases, even as she said the commissioners' votes can be based on how they decided at the division level. 

She, however, hinted there are some commissioners who reversed their earlier decisions.

“It can be different or the same but not all commissioners voted the same. And I think every commissioner, including the chairman, has the right to arrive at a decision after careful study,” she said.

The first and second divisions of the poll body ruled to disqualify Poe from the 2016 presidential race on the basis of her citizenship and residency. (READ: FULL TEXT: Why Comelec division cancelled Grace Poe's candidacy)

Poe earlier cried foul over the rulings of the two Comelec divisions, saying not all her documents and evidence were considered. 

No TRO, no name on 2016 ballot

Poe earlier admitted she is preparing herself for an unfavorable decision from the en banc, filled mostly with appointees of President Benigno Aquino III. She is also gearing up for the ultimate battle at the Supreme Court.

Without specifying the en banc decision, Guanzon said any candidate has only 5 days after promulgation of decision to secure a Temporary Restraining Order from the SC.

If he or she misses the deadline, Guanzon said, his or her name would be excluded from the ballot. 

This means that if Poe wants to hurdle the legal battle at the High Court, she has to move quickly. After all, time is running out. 

“Once we are finished promulgating the decision, the rules only afford 5 days within which you can get a TRO from the Supreme Court. Pag inabot po sila ng deadline at di sila nakakuha ng TRO ay hindi ho sila masasama sa balota. I'm not speaking about any particular candidate, yan lang po ang rule. Mas maganda na po na umakyat sa Supreme Court ang mga kasong ito, Guanzon said.

(If they don't meet the deadline to get a TRO, they will not be on the ballot. I'm not speaking about any particular candidate, that's just the rule. It's better for the cases to go up to the Supreme Court.)

The commissioner said the faster the cases go up to the SC, the better for everyone. 

“It’s really the Supreme Court. The sooner – personally – that we release these decisions so that the parties can go to the SC, will be better, not only for the parties, but also for the people,” she said. – Rappler.com 

Duterte welcomes 2nd disqualification case

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Rappler file photo

DAVAO CITY, Philippines – Mayor Rodrigo Duterte welcomed the filing of a second complaint before the Commission on Elections (Comelec), seeking to have his certificate of candidacy (COC) cancelled.

If Rizalito David's petition against him prospers, then it must be divine intervention, Duterte told reporters on Tuesday, December 22.

"I am happy that he (David) found time to [try to] clear everything. So pagka na-disqualify ako, okay lang, walang problema (so if I get disqualified, I won't have any problem about it), because as I have said, if God wants me to be there I will be there, and if God does not want me there, I will disappear," the presidential bet said.

However, Martin Diño, the party mate whom Duterte substituted for, have a different view on the complaint filed against the standard-bearer of PDP-Laban. It is part of a bigger plan to disqualify the front runners in the presidential race, he said.

Dino flew to Davao City to consult with Duterte about a letter that he received from Comelec Commissioner Rowena  Guanzon, asking him to appear at the Comelec.

Dino earlier withrew his candidacy for president after the possibility of the commission declaring him a nuisance candidate was raised. Duterte replaced him immediately, but some quarters are now saying no substitution should have been allowed because one could not substitute for a candidate who had withdrawn. 

In a 9-page petition filed on Monday, Rizalito David urged the poll body to cancel Duterte’s COC for being “invalid” and “not seasonably filed," even as the Comelec already accepted the mayor's COC.

David also urged the Comelec to declare Duterte’s substitution of Diño as “null and void,” saying Diño already withdrew his candidacy before Duterte filed his COC.

Section 19 of Comelec Resolution 9884 states: “An official candidate of a duly registered political party (PP) or coalition who dies, withdraws, or is disqualified for any cause after the filing of COCs may be substituted by a candidate belonging to, and nominated by, the same PP or coalition.”

Dino emphasized: "I never filed para maging mayor ng Pasay (for Pasay mayor). I am a barangay captain for 14 years of Barangay San Antonio. I have been a member of PDP-Laban since 1982."

He said the lady employee of the Comelec who assisted him when he filed his COC for president in October never told him that there was any error in his COC. – Rappler.com

Employers urged to share blessings, pay employees correctly

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MANILA, Philippines – It's the season of giving after all.

Labor Secretary Rosalinda Baldoz on Tuesday, December 22, reminded all employers to make sure they pay their employees correctly as the holiday season kicks in.

"I urge you to share your blessings and joy of the season and, in the interest of our workers' welfare and protection, pay them correctly during the holidays," Baldoz said in a statement.

"Voluntary compliance with labor laws by observing the pay rules and other core labor and occupational safety and health standards during the holidays is good for business," the labor chief added.

President Benigno Aquino III earlier declared that December 25 and 30 this year, and January 1, 2016, are regular holidays, while December 24 and December 31 are special non-working days.

What are the pay rules for regular holidays and special non-working days?

December 25, 30, 2015; January 1, 2016

If the employee did not work:

He or she should get 100% of his or her salary for that day ([Daily Rate + COLA] x 100%)

If the employee worked:

He or she should get 200% of his or her regular salary for that day for the first 8 hours ([Daily Rate + COLA] x 200%)

If the employee worked overtime (in excess of 8 hours):

He or she should get an additional 30% of his or her hourly rate on said day (hourly rate of the basic daily wage x 200% x 130% x number of hours worked)

If the employee worked on a rest day:

He or she should get an additional 30% of his or her daily rate of 200% [(daily rate + COLA) x 200% + [30% (daily rate x 200%)]

If the employee worked overtime on a rest day:

He or she should get an additional 30% of his or her hourly rate on said day (hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked).

 

December 24 and 31, 2015

If the employee did not work:

"No-work, no-pay" principle applies, unless a favorable company policy, practice, or collective bargaining agreement (CBA) grants payment on these special days.

If the employee worked:

He or she should get an additional 30% of his or her daily rate on the first 8 hours of work [(daily rate x 130%) + COLA]

If the employee worked overtime on a rest day:

He or she should get an additional 30% of his or her hourly rate on said day (hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked)

Rappler.com

Rodrigo Duterte faces 3rd disqualification case

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THIRD PETITION. Presidential aspirant Davao City Mayor Rodrigo Duterte faces the third petition, filed by a UP student, seeking to bar him from running in next year's polls. File photo by Rappler.

MANILA, Philippines – A third petition seeking to cancel the Certificate of Candidacy of presidential aspirant Davao City Mayor Rodrigo Duterte was lodged on Tuesday, December 22.

Petitioner JP Delas Nievas, University Student Council Chairperson of the University of the Philippines Diliman, filed the petition before the Commission on Elections.

“Bilang isang estudyanteng UP, naniniwala po ako na nararapat lang na isabuhay ang napag-aralan namin na respeto para sa karapatang pantao. (As a UP student, I believe that it is only right to live out the respect for human rights that we were taught.) Inculcated within every UP student is the belief in the dignity of every person and the respect for human rights. The filing of this petition is my own contribution to that belief,” Delas Nieves said in a statement.

Delas Nievas was earlier expelled from his student party UP Alyansa, after he refused to quit from the Upsilon Sigma Phi fraternity, which was allegedly involved in a violent incident in June this year.

The 2 other petitions were filed by broadcaster Ruben Castor and Rizalito David, the same petitioner against presidential bet Senator Grace Poe.

Grounds for disqualification

Delas Nievas said Duterte should not be allowed to run for president for the following reasons:

  • Duterte’s substitution is not valid, as Martin Diño, the person he substituted for, is “not a bonafide candidate." Diño withdrew his candidacy on October 29, nearly a month before Duterte filed his COC. 
  • Duterte filed a substitute COC for the position of President, which is different from the position stated in Diño’s COC. Rappler reported in October that Diño erroneously declared he was running for mayor of Pasay City.
  • Duterte allegedly committed a deliberate misrepresentation in his COC when he swore under oath that he will support and defend the Constitution. The petitioner said this is contrary to the mayor’s actions, as he has openly admitted to killing people.

Aside from the cancellation of Duterte’s COC, counsel Maria Sheila Bazar Delas Nievas’ said the petition seeks to delete the mayor’s name from the Certified List of Candidates for President and from the 2016 ballot.

The poll body earlier accepted Duterte's COC. Comelec Chairman Andres Bautista, however, said this is "entirely without prejudice to the pending disqualification case" against Martin Diño and "any other case that may be filed" against Duterte. – Rappler.com 

Trump hurls deeply personal, and crude, insults at Hillary Clinton

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TRUMP. Republican US presidential candidate Donald Trump blows kisses at the crowd after participating in a campaign town hall event at the University of South Carolina, Aiken Campus in Aiken, South Carolina, USA, 12 December 2015. Photo by Erik S. Lesser / EPA WASHINGTON, United States – The frontrunner for the Republican presidential nomination, who has made a string of incendiary comments on the campaign trail, said Clinton got "schlonged" by Barack Obama.

Trump laid into a number of his perceived enemies from the media to his rivals in a speech to supporters in Grand Rapids, Michigan on Monday night.

But he reserved his most stinging – and vulgar – remarks for Clinton, the clear frontrunner for the Democratic nomination for the White House in 2016.

"Even a race to Obama, she was gonna beat Obama," he said, referring to the 2008 presidential race, a giant United States flag draped on the wall behind him.

"I don't know who would be worse, I don't know, how does it get worse? But she was going to beat – she was favored to win – and she got schlonged, she lost, I mean she lost," he said, turning a vulgar noun for a large penis into a verb.

With a partisan crowd cheering him on, the billionaire real-estate tycoon also took issue with Clinton disappearing during Saturday's televised Democratic debate to go to the bathroom.

"I know where she went, it's disgusting, I don't want to talk about it," Trump said. "No, it's too disgusting. Don't say it, it's disgusting, let's not talk, we want to be very, very straight up."

Trump, 69, also once again took aim at the press, describing them as "lying, disgusting people."

"I hate some of these people, but I'd never kill them," he added, before appearing to reconsider: "Umm, no, I would never do that." – Rappler.com


Comelec junks 2 Poe motions vs disqualification

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DISMISSED. The Commission on Elections en banc junks the 2 motions for reconsiderations of presidential aspirant Senator Grace Poe. File photo by Rappler

MANILA, Philippines (UPDATED) – Three days before Christmas, the Commission on Elections voted to junk the two motions for reconsideration of presidential aspirant Senator Grace Poe involving her disqualification from next year’s polls.

Comelec chairman Andres Bautista said majority of the commissioners voted against Poe’s appeals. He did not give the results of the voting.

“It looks like that’s how it is,” Bautista told Rappler in a phone interview on Tuesday, December 22.

Baustista refused to give additional information, saying the decision would be promulgated tomorrow, December 23.

“It is best for the decision tomorrow, together with my separate opinion,” Bautista said.

Commissioner Rowena Guanzon said the poll body voted separately on the two cases. The first and second divisions of the Comelec ruled to disqualify Poe from the 2016 presidential race.

Guanzon said only Commissioner Christian Robert Lim inhibited from voting on the 2nd division appeal, as petitioner Estrella Elamparo was an associate in his former law firm.

Meanwhile, no one inhibited from voting on the 1st division case, which consolidated the petitions of former Senator Francisco “Kit” Tatad, professor Antonio Contreras, and University of the East Law Dean Amado Valdez. 

“We have voted for the motion for reconsideration, bukas ho matatapos na siguro. We have all voted. Mas maganda tomorrow kasi bukas yung promulgation probably. We cannot naman disclose our vote but the public should be assured there is no delay. Kasi madami ang nagtatanong bakit ang tagal,” Guanzon said.

(We have voted for the motion for reconsideration, it will be done likely by tomorrow. We have all voted. It would be better tomorrow because the promulgation will likely be tomorrow. We cannot disclose our vote but the public should be assured there is no delay. Because many are asking why it's taking long.) 

Tatad and his lawyer Manuelito Luna said they were informed of the decision but have yet to receive details.

“This is really a validation of what we have said from the beginning. Duda especially motibo ng kliyente. We're proceeding in right direction at walang personalan,” Luna told Rappler.

(This is really a validation of what we have said from the beginning. It was questionable, especially the client's motivation. We're proceeding in right direction at it's nothing personal,” Luna told Rappler.

'Five days left'

The camp of Poe hit the leak of the decision, a day before its supposed promulgation.

Poe's spokesman Rex Gatchalian said this is "disturbing" and "highly irregular," urging the poll body to look into the "breach of protocols."  

"That being said the sinster minds behind this leak have one thing in mind - to sow confusion. In addition, if reports are to be believed the timing of the release of the supposed decision is also suspect. Why release the decision in haste when the holiday breaks are upon us. Is it meant to disadvantage Sen. Poe's legal response???"

Guanzon said any candidate has only 5 days after promulgation of decision to secure a Temporary Restraining Order from the SC.

If he or she misses the deadline, Guanzon said, his or her name would be excluded from the ballot.

This means that if Poe wants to hurdle the legal battle at the High Court, she has to move quickly.

“Once we are finished promulgating the decision, the rules only afford 5 days within which you can get a TRO from the Supreme Court. Pag inabot po sila ng deadline at di sila nakakuha ng TRO ay hindi ho sila masasama sa balota. I'm not speaking about any particular candidate, yan lang po ang rule. Mas maganda na po na umakyat sa Supreme Court ang mga kasong ito,Guanzon said.

(If they don't meet the deadline to get a TRO, they will not be on the ballot. I'm not speaking about any particular candidate, that's just the rule. It's better for the cases to go up to the Supreme Court.)

‘Poe is still running for the presidency’

The camp of Poe has yet to receive a copy of the decision but reiterated they will exhaust “all legal remedies.”

Poe earlier said she is not expecting a favorable decision from the Comelec en banc, as the fight is in the Supreme Court, the final arbiter of the law.

“We will appeal to the wisdom of the SC. We know that our arguments are based on laws,” Poe’s spokesman Rex Gatchalian said in a text message.

Even with the consecutive unfavorable decisions, Gatchalian maintained Poe is a natural-born Filipino who has met the 10-year residency requirement for a presidential candidate.

“We are very confident that in the end, the justices of the SC will see the merits of our position. At this point, the process has not taken its full course, hence Sen. Poe is still in the running for the Presidency and should be kept in the official list of candidates,” he added. – Rappler.com

Besieged Afghan forces battle to flush out Taliban in key district

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READY. Afghan National Army (ANA) soldiers adjust their equipment in Helmand on December 21, 2015. Photo by Noor Mohammad / AFP

KANDAHAR, Afghanistan – Military planes have dropped food and ammunition to besieged Afghan forces battling to push Taliban insurgents out of Sangin, officials said Tuesday, two days after the emboldened militants stormed the opium-growing district.

Islamists have captured large swathes of the district in the southern province of Helmand which British and US forces struggled for years to defend.

Fleeing local residents reported bloody gunfights as the Taliban advanced on the district centre, highlighting a worsening security situation across Afghanistan a year after NATO formally ended its combat operations. 

"We are air-dropping food supplies, military equipment and ammunition to support our forces in Sangin," defence ministry spokesman Mohammad Radmanesh told AFP.

"Sporadic fighting is going on around the district," he said, rejecting reports of high military casualties and asserting that the district had not fallen to the Taliban.

A resident who fled Sangin told Agence-France Presse that insurgents had publicly executed at least three security officials after storming government buildings. 

"The Taliban dragged two intelligence officials and a local police commander from their homes and shot them dead," Haji Abdul Qader told AFP.

"Only the governor's compound and the police headquarters are under government control. The rest have been overrun by the Taliban."

Qader said he fled to the Helmand provincial capital Lashkar Gah after a mortar bomb landed on his house, wounding his infant son and daughter.

His testimony bore chilling similarities to the situation in Kunduz after the Taliban briefly captured the northern city in September – their most spectacular victory in 14 years of war. 

Taliban death squads were accused of summary executions, rape and plundering Kunduz as NATO-backed Afghan forces struggled for two weeks to evict them.

Highlighting the gravity of the situation in Sangin, long seen as a hornet's nest of insurgent activity, US and British forces were recently deployed in Helmand to advise and assist Afghan forces.  

This month marks a year since the NATO mission in Afghanistan transitioned into an Afghan-led operation, with allied nations helping to train local forces.

Push to resume talks

The unrest in Helmand comes as President Ashraf Ghani has pushed a diplomatic outreach to Pakistan – the Taliban's historic backers – aimed at restarting peace talks with the insurgents.

Pakistan hosted a first round of  negotiations in July but the talks stalled when the Taliban belatedly confirmed the death of longtime leader Mullah Omar.

A security official in Islamabad told AFP that Pakistan army chief Raheel Sharif would travel to Kabul in the coming days, in what appears to be a renewed push to jumpstart talks.

But, said Kabul-based analyst Haroon Mir, the escalating war in Helmand suggests "the Taliban are not as willing as the Afghan government to sit on the negotiating table".

"Or they want to make more military gains and win new territory to eventually join talks in a position of strength," he said.

In a highly unusual Facebook post Sunday, Helmand's deputy governor desperately pleaded with Ghani for assistance, warning the entire province was at risk of falling to the Taliban.

All but two of Helmand's 14 districts are effectively controlled or heavily contested by Taliban insurgents, officials said.

Insurgents also recently overran Babaji, a suburb of Lashkar Gah, fuelling concern that the provincial capital could fall to the insurgents.

The fall of the province would deal another stinging blow to Afghan forces, who have struggled to rein in the ascendant insurgency without the full backing of NATO forces.

President Barack Obama in October announced that thousands of US troops would remain in Afghanistan past 2016, backpedalling on previous plans to reduce the force and acknowledging that Afghan forces are not ready to stand alone.

Sangin, a strategically important district at the centre of Afghanistan's lucrative opium trade, has been the scene of fierce fighting for years between the Taliban and NATO forces.

British troops fought deadly battles in Sangin for four years to little effect, before US marines replaced them in late 2010 and finally themselves pulled out last year. – Mamoon Durrani, Agence France-Presse / Rappler.com

 

 

Japan ruling party forms group to review modern history

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HISTORY. Japanese Prime Minister Shinzo Abe walks past a national flag made of flowers at an altar upon his arrival for a memorial service for those who died in the battle of Okinawa during World War II at the Peace Memorial Park in Itoman, Japan's southern islands prefecture of Okinawa, on June 23, 2015. Photo by Toru Yamanaka/AFP

TOKYO, Japan – Japan's ruling party on Tuesday, December 22, launched a study group to review its modern history, amid reports it may take up contentious regional issues including the Nanjing massacre which Tokyo is accused of playing down. 

The group "is aimed at studying historical events after the first Sino-Japanese War", a Liberal Democratic Party spokesman said, referring to a conflict between Japan and Qing dynasty-ruled China in 1894-95.

The study group was placed directly under Prime Minister Shinzo Abe, who is LDP president. It was attended by party officials including policy chief Tomomi Inada, the spokesman said. 

Beijing responded coolly, saying Tokyo must avoid reinterpreting history. China and South Korea  both criticise Japan for soft-pedalling on historical issues.

The party spokesman did not elaborate on issues the group would examine, but private Nippon TV reported that some attendees requested it review Japan's colonial rule over Taiwan and the Korean peninsula.

They said this differed from Western colonialism and had been misunderstood by Japanese people.

NTV also said the group, which is to meet once or twice a month, would consider taking up subjects such as the International Military Tribunal for the Far East.

Also known as the Tokyo War Crimes Trials, the tribunal sentenced some Japanese World War II-era leaders to death as war criminals. 

Some Japanese conservatives and nationalists say the trials were nothing more than victor's justice, maintaining that their country fought to free Asia from Western colonialism.

They also say that Japan's takeover of Taiwan and Korea came in an era when Western powers were carving up much of Asia for their own benefit.

Japan should "respect the verdict of history, acknowledge the history of aggression, honour the commitments and statements it has made and win back trust from its Asian neighbours and the international community with concrete actions", Chinese foreign ministry spokesman Hong Lei said in Beijing when asked about the study group at a regular briefing. 

Especially contentious for China is the Nanjing massacre -- often referred to as the "Rape of Nanking". Beijing says 300,000 people were slaughtered after the city fell to soldiers in 1937 following Japan's invasion.

Some respected foreign academics put the number of deaths lower but there is very little mainstream scholarship doubting that a massacre took place.

In Japan, however, some conservatives and nationalists deny that atrocities were committed. – Rappler.com

India passes bill increasing penalties for juveniles in 'heinous crimes'

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ANGER. Indian activists shout slogans as they demand the death of a juvenile, convicted in the December 2012 gang-rape of a student, in front of a juvenile court in New Delhi on August 31, 2013. AFP/ Raveendran

NEW DELHI, India – Indian lawmakers Tuesday, December 22, passed a bill allowing harsher punishments for juveniles aged 16-18 after an outcry over the release of a young rapist who served three years in a detention facility for his part in a notorious gang-rape in 2012.

"I think the ayes have it, the ayes have it, the ayes have it. The bill has been passed," P.J. Kurien, a speaker of the upper house of parliament, said after a day-long debate on the bill.

The release two days ago of the youngest convict in the case of the fatal gang-rape of medical student Jyoti Singh in December 2012 triggered widespread calls for amendments to the existing law.

The changes to the law will allow minors aged 16-18 to be sentenced to at least seven years in young offenders' institutions if convicted of "heinous crimes" including rape and murder.

However, they will not face the death penalty.

"#JuvenileJusticeBill attempts to bring balance between rights of the child and need to deter heinous juvenile crimes, esp. against women," Maneka Gandhi, the federal minister for women and child development, posted on Twitter soon after the bill was cleared.  – Rappler.com

11 migrants, including 3 children, drown off Turkey – report

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ANKARA, Turkey – Eleven migrants bound for EU member Greece, including three children, drowned off the Turkish coast on Tuesday, December 22, when their boat sank in the latest tragedy in the Aegean Sea, the state-run Anatolia news agency said.

Seven people were rescued in the incident off Turkey's Aegean Sea resort of Kusadasi but coastguards found the bodies of 11 people, including three children, it added.

The migrants appeared to have been trying to reach the Greek island of Samos which lies opposite Kusadasi.

The disaster happened as the UN refugee agency and the International Organization for Migration (IOM) announced more than one million migrants and refugees reached Europe this year.

The vast majority of people -- 821,008 -- landed in Greece, according to the figures.

Turkey, which is already hosting at least 2.2 million migrants from the war in Syria, has emerged as the major hub for refugees and migrants seeking to go to Europe.

The EU and Turkey agreed a deal for Ankara to step up its work to stop migrants heading to Europe in return for a package of EU financial help.

But even with the bad weather of winter starting, there has so far been no obvious halt to the flow of migrants and deadly disasters are still regularly reported every week.

Eighteen people drowned off Turkey overnight Friday to Saturday when their boat sank in the Aegean Sea as it was heading for the Greek island of Kalymnos.

A report from Luxembourg, which currently holds the EU's presidency, said last week that the much-touted EU-Turkey deal had done little to dent the migration pattern, with around 4,000 people landing daily this month in Greece. – Rappler.com

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