MANILA, Philippines – Private gun owners are asking the Supreme Court (SC) to require the Commission on Elections (Comelec) to exempt them from the gun ban, which took effect Sunday, January 10. (READ: Comelec: Jan 10 is start of election period, gun ban) 

In a 44-page petition for mandamus they filed on Monday, Eric Acosta, Nathaniel dela Paz, and lawyer Rodrigo Moreno said having licensed gun owners like them covered by the ban would expose them to security threats. 

The gun ban, which is part of the larger election ban that will be in effect until June, prohibits public and privat individuals from bearing, carrying, or transporting guns or deadly weapons outside of their homes or place of business. All permits to carry firearms would also be put on hold, unless they have a certificate of authority from the Comelec.

Comelec Chairmen Andres Bautista and Philippine National Police Chief Director General Ricardo Marquez were named respondents in the petition.

The petitioners are hoping for a status quo ante order and an injunction directing the Comelec to issue gun owners permits to carry firearms.

“As discussed, Respondents have violated Petitioners' clear legal right to a [permit] to carry their firearms outside their residence," the petitioners said.

They added, "Respondents have likewise violated petitioners' right to equal protection of the law, by ignoring their right to bear their firearms yet at the same time granting such right to government officials whoare similarly situated as petitioners."

Only police, military, other law enforcers and select government officials may carry guns during the election period. 

The petitioners emphasized, however, that the Omnibus Election Code and Republic Act 7166 clearly states that the restriction on carrying guns is "not absolute." 

They also said that Republic Act 10591, or the Comprehensive Firearms and Ammunition Act, recognizes the right of persons under threat or serious physical injury to carry guns outside of their homes.

“Respondent Comelec recognized the threat to the lives and safety of certain government officials and employees, and accordingly granted them exemptions from the gun ban, yet in the same breath chose to violate the Petitioners' clear legal right to defend themselves from the very same threats, by suspending all PTCFORs and refusing to grant exemptions,” the petition said.

Petitioners said that the Comelec have also been granting exemptions to government officials who are not engaged in actual law enforcement and security work. They include all Cabinet secretaries, congressmen, and senators who are not running in the coming elections.

According to the petitioners, by granting exemptions to other government officials who are not law enforcers, the respondents "undermined the purpose of Resolution Number 10015."

The petition read: "Indeed, petitioners stand to lose their lives, physical safety, and security if they cannot carry their firearms outside their residences due to the threat against them as recognized by RA 10591. Hence, not issuing a preliminary mandatory injunction would be to sanction Respondents ' violation of Petitioners' constitutonal right to equal protection of the laws." 

Comelec's Bautista and PNP's Marquez inspected checkpoints from Katipunan Avenue in Quezon City to C-5 corner Kalayaan Avenue in Taguig City on Saturday night, January 9.

Bautista asked for the public's patience and cooperation for secure, fair, and orderly elections on May 9.

"Humihingi kami ng pasensya sa taumbayan, kumbaga, sa konting abala para siguruhin ang kanilang kabutihan at kapakanan," he said. (We ask for patience during this minor period of inconvenience to ensure everyone's safety and welfare.)

The PNP set up a total of 1,661 checkpoints around the country in compliance with the Comelec’s directive on the gun ban.

The gun ban in is in effect until June 8. – Rappler.com

BEIJING, China – Beijing said Monday it did not need to notify Vietnam about flights to a disputed reef in the South China Sea, after Hanoi complained to a UN aviation body about the controversial trips.

Vietnam accused Beijing of threatening regional safety by conducting "unannounced" flights through its airspace to a newly built runway on the Fiery Cross reef, which is claimed by both countries.

China has conducted several flights this year to the airstrip, one of several it has built on artificial islands is has constructed as its asserts its claim to nearly all of the disputed waterway.

China's foreign ministry said it had not been required to notify Vietnam, as the flights were "state aviation activities". 

The trips "are not bound by the Convention on International Civil Aviation and relevant regulations of the ICAO, are within sovereign states' independent hands to operate," spokesman Hong Lei told a regular briefing, referring to the UN body. 

Hong added that in any case China's aviation administration had notified Vietnamese authorities of the flight, but "received no response".

Vietnam this year logged at least 46 incidents of Chinese planes flying without warning through airspace monitored by air traffic control in the southern metropolis Ho Chi Minh City, according to authorities cited by local media.

State media also reported that Vietnam sent a protest letter about the flights to Beijing, as well as the United Nations' International Civil Aviation Organization (ICAO).

Beijing began work in 2014 on a 3,000-metre (9,800-foot) runway on Fiery Cross reef in the disputed Spratly island group, around 1,000 kilometres (620 miles) from China's island province of Hainan.

China assertion over most of the South China Sea puts it at odds with regional neighbours the Philippines, Vietnam, Malaysia, Brunei and Taiwan, which also stake partial claims. – Rappler.com

MEXICO CITY, Mexico – Extraditing Mexican drug lord Joaquin "El Chapo" Guzman to the United States could take a year or more, a prosecutor said on Monday, January 11, three days after the former fugitive's recapture. (READ: Sean Penn interview helped 'El Chapo' capture)

"I could say as an estimate that it could be at least a year," Jose Manuel Merino, the international affairs official at the attorney general's office, told Radio Formula.

But Merino warned that the process could last as a long as 4 to 6 years depending how hard Guzman's lawyers fight his extradition through injunctions.

Guzman's lawyer, Juan Pablo Badillo, has vowed to appeal to the Supreme Court if necessary.

Interpol Mexico agents went to Guzman's prison near Mexico City on Sunday to execute two arrest warrants for his extradition, formally launching the process. The foreign ministry would have to give the final green light after judges issue a ruling.

Mexico received the US extradition requests last year on a slew of charges, including drug trafficking and homicide. Guzman is wanted in half a dozen US states.

Guzman is now back in the same maximum-security prison he escaped from in July last year.

The drug lord was arrested in February 2014 but it only took him 17 months to escape from the Altiplano penitentiary after his henchmen dug a 1.5-kilometer (one-mile) tunnel to set him free.

Guzman was recaptured on Friday in a deadly military raid in Los Mochis, a northwestern seaside city in his home state of Sinaloa.– Rappler.com 

DAMASCUS, Syria – Dozens of aid trucks headed on Monday to the besieged rebel-held Syrian town of Madaya, where more than two dozen people are reported to have starved to death.

The aid convoy was on the outskirts of the town by Monday afternoon, waiting to enter after an outpouring of international concern and condemnation over the dire conditions in Madaya, where some 42,000 people are living under a government siege.

The delivery will happen simultaneously with aid entering two government-held towns under rebel siege in the northwest of the country.

It comes after the Doctors Without Borders (MSF) charity said some 28 people had died of starvation in Madaya since December 1.

Residents have described desperate scenes, saying they have been reduced to eating weeds and paying exorbitant prices for what little food could be smuggled through the blockade.

Forty-four trucks operated by the International Committee of the Red Cross, the Syrian Red Crescent, the United Nations and its World Food Programme left from Damascus for Madaya in the afternoon.

Twenty-one trucks carrying aid headed separately for the government-held towns of Fuaa and Kafraya, which are under rebel siege in Idlib province.

Fuaa and Kafraya are more than 300 kilometres (180 miles) from Damascus, while Madaya is about 40 kilometres from the capital.

The trucks are carrying food, water, infant formula, blankets and medication for acute and chronic illnesses, as well as surgical supplies.

Reports of starvation

The three towns, along with rebel-held Zabadani near Madaya, were part of a landmark six-month deal reached in September for an end to hostilities in those areas in exchange for humanitarian assistance.

A first aid delivery went ahead in October and in December some 450 fighters and civilians were evacuated from Zabadani, Fuaa and Kafraya.

But aid has not reached Madaya in nearly three months, and residents and rights groups have raised the alarm about deteriorating conditions.

On Monday, French Foreign Minister Laurent Fabius called for an "end" to the "ordeal facing Madaya and all the besieged Syrian villages".

Government forces have been able to airdrop some supplies into Fuaa and Kafraya, which are home to around 20,000 people, but rebel forces are not able to do the same for Madaya.

Over the weekend, MSF said 23 people had died of starvation since December 1 at one of the facilities it supports in Madaya.

On Sunday it reported five additional deaths, including that of a nine-year-old boy.

"MSF-supported medics in the besieged town have 10 critical starvation patients needing urgent hospitalisation," the group said.

It said that "200 more malnourished patients could become critical and in need of hospitalisation within a week if aid doesn't arrive".

Another 13 people who tried to escape in search of food have been killed when they stepped on landmines laid by regime forces or were shot by snipers, according to the Syrian Observatory for Human Rights, a British-based monitoring group.

Russian air strike hits school

The United Nations and aid agencies have regularly raised concern about besieged and so-called "hard-to-reach" areas in Syria.

Last week, the UN said only 10 percent of its requested aid deliveries to hard-to-reach and besieged areas of Syria last year were approved and carried out.

More than 260,000 people have been killed in Syria since the conflict began in March 2011 with anti-government demonstrations.

Elsewhere in Syria, at least 12 children were killed along with their teacher and two other adults when a Russian air strike hit their school in the west of Aleppo province, the Observatory reported.

The strike also wounded 20 students and teachers, the monitor said.

Russia, a staunch ally of President Bashar al-Assad, began a campaign of air strikes in support of the regime in late September.

It says it is targeting the Islamic State group and other "terrorists" and has dismissed reports that its raids have killed hundreds of civilians as "absurd".

"Russia does not conduct operations against civilians," Russian foreign ministry spokeswoman Maria Zakharova said Monday.

Also in Aleppo, three children were killed in rebel rocket fire on a government-held neighbourhood of the northern city, the Observatory said. – Rappler.com 

Today, January 12, 2016, in its first en banc session for the year, the Supreme Court is expected to decide whether to confirm or to quash the temporary restraining orders (TROs) issued by Chief Justice Maria Lourdes Sereno in relation to Grace Poe’s two petitions for a review of Commission on Elections (Comelec) rulings.

In the same session, the Supreme Court is also expected to act on the pending motions filed by the parties to the case, specifically:

• for the lifting of the Sereno TROs
• for the consolidation of the two certiorari petitions filed by Poe 

At the outset, it must be noted that the Supreme Court rarely lifts injunctive reliefs like TROs pending resolution of cases, for reasons that I will later discuss. The more contentious related issue, however, is whether the Supreme Court en banc will confirm the TROs issued by Chief Justice Sereno.

It must be recalled that the TROs were issued by the Chief Justice without the en banc approval, as Grace Poe’s petitions were filed on December 28, 2015, during the High Court's recess. The Supreme Court’s own Internal Rules (AM Number 10-4-20-SC) allows such unilateral issuance of injunctive relief by reason of urgency. It is, however, subject to subsequent confirmation by the en banc.

However, I do not expect the SC to withhold that confirmation, or for it to lift the TROs, for the following reasons:

First, although it appears that the TROs were unilaterally issued by the Chief Justice, I am certain that she went through informal consultations with most members of the Supreme Court, as is the practice in most collegial bodies and considering the importance of the case.

The fact that those TROs were issued gives us more or less an idea of the leanings of the justices on this particular issue.

Second, in issuing the TROs, the Chief Justice herself already had a preliminary judicial determination that Grace Poe would suffer “great or irreparable injury” if the Comelec will not be restrained from cancelling her certificate of candidacy (COC).

The imminent danger here is her exclusion from the 54.4 million ballots to be used in the May 9, 2016, presidential elections, as the printing may begin anytime soon. This threat of exclusion is uncontrovertibly apparent, with statements emanating from Comelec, particularly from the controversial Commissioner Rowena Guanzon, threatening her exclusion from the ballot should Poe fail to get a TRO. I quote: 

“'Pag inabot po sila ng deadline at 'di sila nakakuha ng TRO ay hindi ho sila ma'sasama 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…” 

(If the deadline comes and they fail to get a TRO, then they won't be included in the ballot. I'm not speaking about a particular candidate, it's just the rule. Better that this case goes to the Supreme Court.)

If the Supreme Court does not confirm the TROs – in effect quashing them – it would be tantamount to admitting that its own Chief Justice erred in her factual and legal determination of the urgency of Poe’s application for injunctive relief.

There is no question at this point about the urgency of Grace Poe’s case, but on a public relation consideration, you simply do put your head of agency in such an awkward position. 

Third, the lifting or quashing of the Sereno TROs at this point would render Poe’s cases moot and academic. Without those TROs, the Comelec can now exclude her name from the ballot, and her elimination from the 2016 presidential race becomes irreversible even if she later wins her case before the Supreme Court.

That is not expected as the Supreme Court understandably appears to be keen on deciding the cases of whether Poe is natural-born Filipino and whether she met the minimum residency requirement for a presidential candidate. Not only are the issues highly contentious and interesting, but of great national importance, considering that Grace Poe is one of the leading presidential candidates.

In fact, the High Court already set for January 19 the oral arguments on the other case questioning her citizenship – the petitioner who lost before the Senate Electoral Tribunal, which favored Poe, has elevated the case to the SC. The SC rarely allows oral arguments on a case; it reserves that for cases of transcendental importance.

It will be most logical if the cases (which started with two divisions of the Comelec) will be consolidated, considering the overlapping, if not identical, issues in the two certiorari petitions filed by Poe.

The purpose of consolidation is to prevent conflicting legal findings over the same set of facts and issues. From a practical pespective, consolidating the two cases will save the Supreme Court time and effort to write two separate decisions over the same issues which can only cause delay in its resolution. – Rappler.com 

Emil Marañon is an election lawyer who served as chief of staff of recently retired Comelec Chairman Sixto Brillantes Jr. He is currently studying Human Rights, Conflict and Justice at SOAS, University of London, as a Chevening scholar.

BAGHDAD, Iraq – Gunmen blew up a car bomb, sprayed gunfire in a crowded area and took hostages in a shopping mall in eastern Baghdad Monday, January 11, killing at least eight people, police said.

The gunmen were still holed up in the shopping centre in Baghdad al-Jadida, a police colonel said, adding that it was feared the attackers were wearing suicide belts.

A hospital official confirmed the death toll and said 14 people were also reported to have been wounded in the attack.

"They are inside the Zahrat Baghdad mall. When the security forces got too close, they killed three hostages," a police official said.

"We are taking a cautious approach now. We want this attack to end with the lowest possible number of casualties," the official said.

He described the mall as a building of four or five floors in a busy commercial area of Baghdad al-Jadida, a populous Shiite-majority area on the eastern edge of the Iraqi capital.

A large plume of black smoke could be seen billowing into the sky above the area where the mall is located.

An interior ministry source said an unspecified number of gunmen opened fire in the street after a car bomb exploded and briefly clashed with members of the security forces before entering the mall.

"They completely control the mall right now, they have men on the roof," the official said.

Police said a counter-terrorism force from the intelligence services was on the scene and snipers posted on buildings around the mall.

There was no immediate claim of responsibility for the attack but a police source described the gunmen as "wearing Daesh-style clothes."

Daesh is an Arabic acronym for the Islamic State jihadist group that occupies parts of the country and is responsible for the vast majority of suicide attacks in Baghdad.

The group has carried out dozens of suicide car bomb attacks but Monday's hostage-taking would be the first of its kind since IS seized control of large parts of Iraq in 2014. – Rappler.com 

UNITED NATIONS – Syria's envoy to the United Nations on Monday, January 11, dismissed as fabrications reports that civilians were dying of starvation in a town besieged by government forces.

Ambassador Bashar Jaafari spoke after a convoy of 44 trucks loaded with food, baby formula, blankets and other supplies entered Madaya, where medical charity MSF says 28 people have starved to death since December 1.

"Actually, there was no starvation in Madaya," Jaafari told reporters at UN headquarters. 

"The Syrian government is not and will not exert any policy of starvation on its own people."

The ambassador said his government had in October approved aid deliveries to Madaya that would have lasted for more than two months and accused "terrorists inside" the town of stealing the supplies.

Jaafari charged that journalists reporting on the starvation from Qatari-owned Al-Jazeera and the Saudi-backed Al-Arabiya television networks were "mainly responsible for fabricating these allegations and lies."

Syria has been at odds with Saudi Arabia and Qatar for arming rebels fighting President Bashar al-Assad's forces in the nearly 5-year war.

The ambassador suggested that reports of starvation were aimed at "demonizing" the Assad regime and "torpedoing" peace talks planned for January 25 in Geneva.

The UN Security Council was meeting behind closed doors to discuss the humanitarian crisis in Syria following the deliveries to Madaya and to two other towns besieged by the rebels: Fuaa and Kafraya.

The United Nations says it is struggling to deliver aid to about 4.5 million Syrians who live in hard-to-reach areas, including nearly 400,000 people in 15 besieged areas.

Britain and France are calling for an end to the sieges.

More than 260,000 people have been killed in Syria since the conflict began in March 2011 with anti-government demonstrations. – Rappler.com

NAYPYIDAW, Myanmar – Aung San Suu Kyi promised Tuesday, January 12, to use her party's popular mandate to drive Myanmar's peace process as she outlined a vision of a federal future to ethnic rebels who have battled for decades.

She was speaking at a fresh round of talks between the government, army and ethnic minority armed groups, at which crucial economic and social issues that spurred the violence will be discussed.

Those include the ownership of natural resources, seen as a major factor in conflicts that have displaced tens of thousands of people and cost countless lives. 

Suu Kyi, whose party won the November general election, said she was optimistic the "fighting will be finished soon" if the nation's political standards are improved and all groups work together.

"We cannot build lasting peace without national reconciliation," she said.

"Now we are ready to lead the peace process, because we have the power invested in the mandate given to us by the people and ethnic minorities."

It was the first time the democracy champion had taken a leading role in years-long official peace efforts.

The painstaking negotiations have until now been steered by reformist President Thein Sein, who was also present at the talks in the national capital Naypyidaw.

However, deep challenges remain. Some major armed groups have shunned the talks altogether and clashes are continuing in parts of the country between rebels and soldiers.

Powerful army chief Min Aung Hlaing also spoke at the opening of the five-day talks, calling the meeting a "historic event" which could help bring "lasting peace, stability and security" for the country.

Uneasy relationship

Political dialogue is a central demand of the ethnic minority armies, who for generations have fought for greater autonomy in the mountainous and resource-rich borderlands.

Ahead of the election, analysts predicted Suu Kyi would struggle to win support among ethnic voters because of the Nobel laureate's majority ethnic Bamar heritage.  

But her National League for Democracy swept to a thumping majority across the country including the frontier regions.

Suu Kyi told Tuesday's talks that "a real democratic federal nation" was possible if all ethnic groups cooperate in a spirit of "brotherhood and respect".

Observers say major stumbling blocks lie ahead, including fostering unity and negotiating the thorny issue of ownership of resources.

But the most critical challenge is seen as Suu Kyi's uneasy relationship with the nation's still hugely powerful military, which holds the key to securing a lasting peace.

The army in part justified its fifty-year stranglehold on Myanmar with fears that ethnic divisions would fracture the nation. It rejected out of hand the concept of federalism.

But federalism has gradually become a central concept in peace discussions instituted by Thein Sein's government, which replaced outright junta rule in 2011.

In October those efforts yielded a ceasefire with some rebel groups, although the agreement fell short of a binding nationwide truce.

The president said Tuesday's meeting marked the "beginning of a process to build a union based on democratic and federal principles".

The former junta general, who is trying to secure his peacemaking legacy, said the conference was being held "in order to hand over the peace process to the incoming government smoothly".

But several major ethnic armies, including in war-torn northern Kachin and Shan states, have refused to sign a national truce until all groups are brought into the deal -- notably smaller organisations locked in conflict with the military.

Tun Zaw, spokesman for the United Nationalities Federal Council which represents six armed groups, said his organisation was boycotting the talks because they lack "inclusively." – Phyo Hein Kyaw, AFP / Rappler.com

ISTANBUL, Turkey (5th UPDATE) – A Syrian suicide bomber on Tuesday, January 12, struck the heart of Istanbul's busiest tourist district, killing 10 people, 9 of them Germans, in the latest deadly attack blamed on Islamic State (ISIS) jihadists.

Grisly images from the scene showed several mutilated corpses lying on the ground close to the iconic Ottoman-era Blue Mosque in Sultanahmet, a district which is home to Istanbul's biggest concentration of historic monuments.

Turkish President Recep Tayyip Erdogan said the attack was carried out "by a suicide bomber of Syrian origin," while Prime Minister Ahmet Davutoglu said he belonged to ISIS. 

"We have determined that the perpetrator of the attack is a foreigner who is a member of Daesh," Davutoglu said, using an Arabic acronym for ISIS. Officials earlier said the bomber was a Syrian national born in 1988.

Speaking to the Agence France-Presse (AFP), a Turkish official said at least 9 of the dead were German, with Davutoglu telephoning Chancellor Angela Merkel to offer his condolences, state media said.

Merkel said the latest attack would deepen German resolve to combat international terrorism. 

"Today it hit Istanbul, it has hit Paris, it hit Tunisia, it had already hit Ankara," she told a news conference in Berlin.

Shortly after the blast, Germany warned its nationals to avoid tourist sites in Istanbul, a city of 14 million that has been hit several times by deadly attacks.

Turkey's Dogan news agency said nine Germans and two Peruvians were among the wounded. 

The explosion took place at around 0820 GMT by the Obelisk of Theodosius, a monument from ancient Egypt which was re-erected by the Roman Emperor Theodosius and stands just outside the Blue Mosque. 

'Ball of fire'

Police and ambulances raced to the scene, throwing up a tight security cordon around the area as helicopters hovered overhead, and crowds of worried locals and tourists clamoured to find out what had happened, an AFP correspondent said.

Turkey has been on high alert after a series of attacks blamed on the Islamic State jihadist group including a double suicide bombing in October in Ankara that killed 103 people.

The explosion was powerful enough to be heard in adjacent neighbourhoods, witnesses told AFP. Police cordoned off the area to shocked passers-by and tourists and the nearby tram service has been halted.

"The explosion was so loud, the ground shook. There was a very heavy smell that burned my nose," a German tourist called Caroline told AFP.

"I started running away with my daughter. We went into a nearby building and stayed there for half an hour. It was really scary," she said. 

"I heard a very loud blast, then came the screams," said a Turkish man who did not want to be identified. 

"Then I saw a ball of fire, and started to run away. I saw about 10 people wounded, one of them was being helped by the tourists. 

"I am 100 percent sure it wasn't just a bomb, but a suicide bomber," he added.

The authorities imposed a broadcast ban on reporting of the attack, prompting television channels to halt live broadcasting from the scene although factual commentaries continued.

'Jihadist-style attack'

Turkey was hit by another major bombing on October 10 when two suicide bombers blew themselves up in a crowd of peace activists in Ankara in the bloodiest attack in the country's modern history.

That attack was blamed on ISIS jihadists, as were two other deadly bombings in the country's Kurdish-dominated southeast earlier in the year.

Turkish authorities have in recent weeks detained several suspected ISIS members, with officials saying they were planning major attacks in Istanbul and Ankara.

"The style of the attack, a suicide bomber and the attack, a group of tourists, suggests a jihadist attack," a Western diplomat told AFP.

"If this is the case, it's a sign that Daesh has decided to attack the Turkish state,"  he added.

So far there has been no claim of responsibility for Tuesday's attack, but if ISIS did confirm its involvement, it would raise new fears that the almost five year conflict in Syria is spilling over Turkey's borders.

Long accused by its Western allies of not doing enough in the fight against ISIS, Turkey is now hosting aircraft from the US-led coalition engaged in deadly attacks on ISIS strongholds.

Turkey is also waging an all-out assault on the outlawed Kurdistan Workers' Party (PKK) which has staged dozens of deadly attacks against members of the security forces in the southeast.

A Kurdish splinter group, the Freedom Falcons of Kurdistan (TAK), claimed a mortar attack on Istanbul's second international airport on December 23 which killed a female cleaner and damaged several planes. – Stuart Williams and Dilay Gundogan, AFP / Rappler.com

MANILA, Philippines – Commission on Elections (Comelec) Chairman Andres Bautista and Commissioner Rowena Guanzon mended their ties on Tuesday, January 12, after a public feud over cases filed by presidential aspirant Senator Grace Poe.

To dispel the image that the Comelec is in “disarray,” all 7 Comelec members emerged from their chamber on Tuesday to hold a rare media briefing after a 3-hour meeting. 

Bautista passed the mic to a neutral party, Commissioner Arthur Lim, whom he described as the most senior Comelec member “in terms of wisdom.” 

In an unscripted statement, Lim said a rift between members “is to be expected in the life of any collegial body.”

“The important thing is that we are able to address the issues and we have, ourselves, now decided to move forward and to leave all these controversies behind us,” Lim said.

“So all is well that ends well,” the commissioner added. 

He also said: “Your commission is firmly in good hands. We are united and focused to do the mandate that the Constitution has given to us.” 

In another show of unity, Lim said the Comelec has also adopted Guanzon’s comment against Poe before the Supreme Court (SC).

This comment started the publicized rift between Bautista and Guanzon.

Eroding confidence in Comelec

Guanzon filed this comment on Thursday, January 7. After this, Bautista issued her a memo for filing this “unauthorized” comment. Bautista’s memo to Guanzon, which he said was internal, was leaked to the media. 

Guanzon retaliated by attacking Bautista for allegedly “showing partisanship” as he addresses cases filed by Poe. 

Guanzon launched a series of tweets and interviews against Bautista, in a public feud never seen in the Comelec for years.  

It came to a point that Guanzon, in an interview on dzBB, even disclosed what Bautista did over the Christmas break. 

Guanzon said: “Pagod na pagod na kaming mga commissioners kakatrabaho. Bakit hindi na lang si Chairman Bautista ang magtrabaho? Anong ginawa niya? Nagbakasyon. Nagbakasyon siya sa New Zealand.” (We commissioners have been so tired working. Why not have Chairman Bautista do all the work? What did he do? He took a vacation. He took a vacation in New Zealand.)

Observers said this public feud has eroded confidence in the poll body. This comes 5 months before the Philippines elects its next president. 

Facing these negative perceptions, Lim then assured the public the Comelec “is firmly on track” in its election timeline.

“We are even ahead of schedule, and we shall, with the help of Divine Providence, fulfill our mandate to the best of our ability,” Lim said.

The Comelec didn’t allow reporters to ask questions. 

The poll body ended the briefing in 4 minutes, after which it held two hearings. 

Guanzon: ‘I told you’ 

Guanzon, who joined these hearings, left the Comelec session hall at around 4 pm on Tuesday.

Reporters chased Guanzon as she left the session hall, noting that the feisty commissioner earlier promised an interview.

Guanzon, however, refused to be interviewed. Asked about her earlier promise to reporters, she said she also made a “promise” to her colleagues in the Comelec. She didn’t tell reporters what this is about. 

Quickly walking to the elevator, Guanzon said: “I told you there will be good news. We just have to think positive.” 

She said, “What is important now is what’s good for the country and the Comelec.” 

In a separate interview, Comelec Spokesman James Jimenez confirmed to reporters that Bautista and Guanzon have mended their ties.

“Bati na,” he said. (They’ve mended their ties.)

He quickly added that no one needed to mend their ties in the first place. “Certain misunderstandings were cleared up.”

Jimenez also explained why all 7 Comelec members attended the media briefing on Tuesday. 

Usually, only Bautista presides over media briefings along with one or two other commissioners. 

Jimenez said the Comelec is “sensitive” and not blind to news items saying the poll body is in disarray. 

The Comelec spokesman said, “Since they were going to be in a hearing anyway, it was felt that it would be okay for the public to be reminded that the 7 commissioners are actually acting as one collegial body.” 

He added, “It’s just to prove a point, I guess.” – Rappler.com

MANILA, Philippines – The Liberal Party’s vice presidential candidate called on the Commission on Elections (Comelec) to resolve its internal issues, pointing out that they have neither the time nor the space to make public their quarrels.

“Nakakalungkot kasi ang Comelec should be beyond all this. Sila iyong magse-safeguard ng election. Ang dami-daming kailangang gawing ngayon na sana di na sila nag-i-spend ng time para sa ganun,” Camarines Sur 3rd District Representative Leni Robredo said during an interview with media during the Kapihan sa Kamuning Bakery on Tuesday, January 12.

(It’s sad because the Comelec should be beyond all this. They safeguard the elections. And with everything that they need to do, hopefully they don’t spend time on things like this.)

The Comelec made headlines late last week after Chairman Andres Bautista issued a memorandum to Commissioned Rowena Guanzon, asking her to explain why she filed with the Supreme Court a comment on presidential candidate Grace Poe's motions without authorization from the en banc.

Guanzon is a member of the Comelec’s first division, one of the two divisions that earlier ruled to cancel Poe's certificate of candidacy for supposedly failing to meet two requirements for the presidency: natural-born citizenship and 10 years minimum residency.

The Comelec en banc upheld the decisions of the two divisions, prompting Poe to run to the Supreme Court (SC) to stop the poll body from enforcing the rulings. The Chief Justice immediately issued temporary restraining orders on the Comelec rulings in December. These were confirmed by the SC en banc on Tuesday.

Bautista and Guanzon figured in a very public word war, with the latter saying she is not a subordinate of the chairman, and accused Bautista of partisanship. Guanzon herself haD been accused of being biased for Liberal Party (LP) standard-bearer Manuel Roxas II.

“Wala tayong kinakampihan, wala tayong jina-judge. Sana kung mayroong di pagkakaintidihan sa loob, among them na lang, kasi naaapektuhan nito ang tiwala ng tao sa institusyon,” said Robredo, who is Roxas' running mate.

(I’m not siding with or judging anybody. If there’s a misunderstanding inside, they should settle it among themselves because it affects peoples’ trust in the institution.)

Asked if the internal scuffle had affected public perception for the polling body, Robredo said yes.

“Kapag mayroong accusations na may bias ang commissioner o in favor of one candidate, siyempre ma-e-erode nito ang integridad ng buong komisyon,” she said.

(If there are accusations of bias against one commissioner, of course this erodes the integrity of the commission.)

Robredo, herself a lawyer, said the Comelec can best show it is non-partisan through its work.

“Inaasahan natin na sila naman, sasabihin na lahat sila wala silang kinikilingan, pero sana iyong hindi pagkiling sa kahit sino, ipakita sa ginagawa, ipakita sa trabaho,” she said.

(We expect them to say they’re impartial but they can best show they’re not biased in what they do, in their work.)

Roxas and the LP have distanced themselves from the conflict between Bautista and Guanzon, pointing out that it's an internal matter. 

The Comelec commissioners have since appeared to have patched things up after the poll body decided to adopt Guanzon’s comments versus Poe. A second comment has since also been filed, this time with regards to Poe’s petition for a TRO against the second division’s decision. – Rappler.com

WASHINGTON DC, USA – For the last time, US President Barack Obama will face the American people – and the world – in his final State of the Union address Tuesday, January 12.

Obama will use the speech as one of the last grandstand occasions of his presidency, to define his legacy and make the case for optimism amid an angst-ridden election race.

The speech, under construction since the autumn, will also challenge Americans to address unfinished business, from dealing with racial tensions to gun violence to drug abuse.

Rappler will carry the State of the Union address live (Wednesday, January 13 in Manila), with the live streams (in English and Spanish) courtesy of the White House.

Spanish feed:

Bookmark this page for updates. – With Agence France-Presse/Rappler.com

ZAMBOANGA CITY, Philippines – The City Disaster Risk Reduction and Management Council passed a resolution on Monday, January 11, declaring a state of calamity in Zamboanga City, following the implementation of a water rationing scheme.

Hundreds of hectares of rice and corn fields have also been damaged due to the depletion of irrigation canals.

The resolution was sponsored by Councilor Cesar Jimenez Jr of the city council's disaster committee, and supported unanimously by the other councilors.

In the meeting with city officials, OIC General Manager Alejo Rojas of the Zamboanga City Water District explained how the rate of depletion of the water supply in rivers now was faster than in previous years.

The Office of the City Agriculturist, headed by Diosdado Palacat, also reported that at least 600 hectares of rice and corn fields had been declared unusable by the farmers.

That may reach 2,000 hectares by the end of the week, when reports from far-flung villages are expected to come in.

The agriculturist's office requested an immediate allocation for emergency response, including cloud seeding, to augment the water supply and mitigate the effects of the drought. – Rappler.com 

MANILA, Philippines – Nearly two years after the Philippines and the United States signed the Enhanced Defense Cooperation Agreement (EDCA), the Supreme Court finally decided in favor of the military deal on Tuesday, January 12.

Last November, 15 senators signed a resolution, stating that the deal was a treaty that required the approval of the Senate, and not just an executive agreement that Malacañang could enter into. 

Three of them abstained: Senate President Franklin Drilon, and senators Juan Ponce Enrile and Paolo Benigno Aquino IV. Only Senator Antonio Trillanes IV voted against the Senate position that the EDCA required the chamber's approval. (READ: 15 senators vote against PH-US military deal)

Now, senators who are running for higher posts in the May 2016 elections said they “respect” the SC ruling on the military agreement, which gives US troops wider access to Philippine bases. 

The SC said in its decision that the EDCA is constitutional, and could be implemented under the existing Visiting Forces Agreement.

Here’s what the senators had to say:

Presidential bet Grace Poe
“As mentioned before, we are thankful to the SC for providing guidance in the EDCA issue. Their decision will serve as guide for all concerned. We call on all to respect the decision of the SC,” Poe’s spokesman Rex Gatchalian said in a statement.

Vice presidential bets

Senator Francis Escudero
“I respect the decision of the Court and the Senate will abide by it.” 

Senator Gregorio Honasan
"You cannot go higher than the Supreme Court. Basta masunod 'yung due process, ma-apply 'yung rule of law, at saka the Supreme Court is an institution, the highest court of the land that administers justice and makes the ruling on questions of law and questions of fact, including constitutionality. So I cannot go higher...I cannot express an opinion that would impact the ruling of the highest court of the land.”

Senator Ferdinand 'Bongbong' Marcos Jr
“The decision by the SC on the constitutionality of EDCA is one we accept. However, I stand by the sense of the Senate that it is a treaty that should be ratified by the Senate.” 

Senator Antonio Trillanes IV
“The Supreme Court ruling validated my vote against the Senate resolution saying EDCA needed to be ratified by the Senate. But more importantly, our country can now optimize the security opportunities this agreement has given us.”

EDCA crucial to AFP modernization

Malacañang, for its part, welcomed the High Court’s affirmative decision. After all, it earlier argued that EDCA is an executive agreement and not a treaty that requires approval of the Senate. 

Palace Communications Secretary Herminio Coloma Jr reiterated the ruling would further “strengthen the strategic partnership” between the 2 countries, which is based on the long-standing Mutual Defense Treaty and the Visiting Forces Agreement.

He maintained the US would greatly help in the modernization program of the Philippine military. After all, the agreement is crucial to the country's operations against China on the disputed West Philippine Sea. (READ: EDCA equips PH as China builds islands – ex-US admiral)

President Benigno Aquino III earlier said the country “definitely needs” EDCA for the same reasons, adding the deal allows the country to “test equipment” before buying them.

“Akin to test-driving a car as opposed to buying a system trying it out and finding out it is not working. By the time we purchase them, we are more than ready to utilize them,” Aquino said in a forum with foreign journalists in October.

Despite issues against the agreement, Aquino said the Philippines would aid the US in case they need logistical support in their operations in the contested waters. (READ: 'Balancing of power,' Aquino says of US ship in West PH Sea)

“If you have an ally from the opposite side of the world and we will not support it logistically, how would it make sense?” he said. – Rappler.com

MANILA, Philippines – A 21-year-old student, the son of a vegetable vendor and a tricycle driver, is challenging “The Punisher.”

The student, John Paul delas Nieves, faced the cameras for the first time on Tuesday, January 12, regarding his petition against Davao City Mayor Rodrigo Duterte.

Delas Nieves, chairman of the University of the Philippines (UP) Student Council, on Tuesday filed an appeal before the Commission on Elections (Comelec) on his case against Duterte, also known as “The Punisher.”

This comes after Delas Nieves failed to attend a hearing on Monday, January 11, on his petition to cancel Duterte's candidacy for president. He filed this petition on December 22, 2015.

Explaining his absence, Delas Nieves said he had been in Duterte’s turf, Davao City, for a meeting or conference since January 5. 

His lawyer Sheila Bazar, on the other hand, was 15 minutes late for the hearing on Monday. She said she “had been attending to her sick brother” for the past two weeks.

Because of their failure to attend the hearing on time, Delas Nieves' petition “was summarily dismissed” by the Comelec's first division, Bazar said, quoting the Comelec's clerk of court.

After filing his motion for reconsideration, Delas Nieves faced reporters to talk about the petition he filed.

Receiving threats 

Delas Nieves said his petition prompted Duterte's supporters to send him threats on Facebook.

He described these as not the usual death threats.

“Nakalagay doon, sana mamatay ka na, sana magahasa 'yung girlfriend mo, sana manakawan ka. Lahat ng taong nagbibigay ng threat ay ‘sana.’ Ibig sabihin hindi nila kayang gumawa ng kasamaan sa sarili nilang mga kamay,” he told reporters.

(It says, “I hope you die, I hope your girlfriend is raped, I hope you’re robbed. All people who make threats say “I hope.” This means they’re incapable of doing evil on their own.)

He added: “‘Yun ang kakaiba dito eh, kasi para sa kanila, merong ibang puwedeng gumawa noon. At hahayaan na lang nila kung sino man ‘yung pinuno na parusahan kung sino man ‘yon sa paanong paraan ang gusto niya.” 

(That’s what’s different here, because for them, another person can do that for them. And they will let whoever that leader is to punish whoever in any way he wishes.)

He said he’s not sure if the threats against him have Duterte’s blessings.

Duterte as inspiration

He’s sure, however, that his supporters take their “inspiration” from “The Punisher.” 

“Inuulit ko, wala mang basbas pero ito ‘yung inspirasyon na ibinibigay niya,” Delas Nieves said. (But of course, I will repeat, it may not have his blessings but this is the inspiration he gives.)

“Dahil harap-harapan niya kayang sabihin na papatayin kita, ‘yung mga sumusuporta sa kanya ay pareho rin ‘yung pagtingin sa kung paano magbigay ng hustisya sa mga hindi nila kasundo,” he added.

(Because he can directly say, “I will kill you,” his supporters have the same views on how to impose justice on people who disagree with them.)

Delas Nieves, who lives in Mandaluyong, is a first year masteral student of urban and regional planning at UP. He holds a bachelor's degree in economics. 

Duterte, whom he wants disqualified, is known for a strongman type of leadership associated with extrajudicial killings. (READ: Duterte: I killed 700? No, make that 1,700)

During his recent visit to Cebu, however, Duterte back-pedaled and said there is no honor in these types of killings. (READ: Duterte denounces extra-judicial killing: No honor in it) – Rappler.com

MANILA, Philippines – From 2007 to 2011, the Light Rail Transit Authority (LRTA) paid its officials and employees over P400 million in unauthorized allowances even as it entered into questionable deals with contractors that mismanaged the Light Rail Transit (LRT) Lines 1 and 2, state auditors said.

In its 122-page Special Audit Report on the LRTA, the Commission on Audit (COA) said the LRTA failed to ensure that the contractors tapped to maintain the two LRT lines delivered on their commitment to make timely repairs and maintain the operations of the rail system.

The audit agency noted the violations committed by LRT1 contractor CBT-PMP-GRAS Joint Venture and LRT2 contractor TSPA Joint Venture.

CBT-PMP-GRAS Joint Venture had a P1.29-billion contract to maintain the LRT1 from January 1, 2009, to December 31, 2011.

Meanwhile, TSPA Joint Venture was paid P1.059 billion to maintain LRT2 from June 16, 2007, to June 15, 2012.

The COA audit was conducted for 10 months, covering the years 2007 to 2010. 

Unauthorized incentives

According to the audit report, the LRTA granted millions in unauthorized incentives to its officials and employes even as the LRT lines were left to deteriorate because of mismanagement.

From January 1, 2007, to December 31, 2011, COA said the LRTA granted P400.448 million worth of incentives "without legal basis." These included:

• P370.874 million in “collective negotiation agreement incentives”
• P12.621 million for “gantimpala award” – cash awards distributed to personnel for their "efficiency and dedication to duty"
• P10.632 million given away as “corporate giveaways"
• P5.466 million for “extraordinary and miscellaneous expenses”
• P565,000 “per diem”
• P290 million in “transportation and miscellaneous expenses”

COA also questioned the LRTA's basis for determining the cost of the maintenance contracts, which it said were "not supported with detailed estimates." The bids presented by the contractors likewise lacked a detailed breakdown of service costs, which were quoted in lump sum amounts.

Despite repeated requests for copies of detailed estimates, COA said none was submitted to its audit team. 

Auditors also said that the LRTA later adjusted the contracts, but lacked reference to detailed bid documents and the original contract costs.

“As a general rule, any adjustment in the contract cost should be based on the original bid cost,” auditors said.

Failed commitment

Both contractors tapped to maintain the two LRT lines were paid in full by the LRTA, even as they failed to deliver their commitment to maintain a set number of light rail vehicles (LRVs) running, COA said.

A minimum of 114 LRVs should be running on LRT1, and 16 trainsets for LRT2. But COA said only 107 LRVs were running for Line 1, and 13 trainsets on Line 2.

The contractors failed to meet their obligations under the contract, routinely missing the number of LRVs it had to keep operational during heavy weekday commuter traffic from January to September 2010.

But despite this, LRTA failed to "make the necessary cost reduction,” COA said.

Auditors also found rampant cases of LRVs being listed on both the train availability report and the preventive maintenance roster.

“A number of LRVs were included in both reports covering the same periods. In other words, some LRVs were reported to be operating and at the same time under preventive maintenance. The LRVs can either be operating or under preventive maintenance but not both,” COA said. – Rappler.com

MANILA, Philippines – Liberal Party (LP) vice presidential candidate Leni Robredo sees “no reason” to re-open the Senate’s probe into a controversial police operation, one year after the bloodbath in Mamasapano town, Maguindanao.

“Ako kasi wala akong nakikitang dahilan para buksan ulit. Unang una marami na tayong panahon na ginugol sa pag-iimbestiga, so ang tanong ko ano ang dahilan para buksan ulit iyong imbestigasyon?” said the Camarines Sur representative in an interview during the Kapihan sa Kamuning Bakery on Tuesday, January 12.

(I personally don’t see a reason to re-open the case. First of all, a lot of time has been spent investigating the clash, so now I wonder what the reason behind its re-opening is.)

The Senate last week announced it would be re-opening its probe into a January 25, 2015 clash between elite cops and Muslim rebels in Mamasapano. This was prompted by Senator Juan Ponce Enrile, who was detained at the PNP General Hospital when the Senate first heard the issue. 

Dubbed “Oplan Exodus,” the operation neutralized a terrorist wanted by both the Philippines and the United States. The kill, however, came at a high price: the lives of at least 60 people, including 44 troopers from the Philippine National Police (PNP) Special Action Force (SAF).

The hearing has been scheduled on Monday, January 25, 2016, exactly a year after the clash. 

“Iyong pangalawa, ang danger kasi niyan ay election period at baka magamit iyong investigation ng mga nagnanais na makakuha ng public attention. Siguro kung may magandang dahilan para buksan ulit bakit hindi?” added Robredo.

(Second, there’s this danger that because the election period has started, the investigation might be used to get public attention. Maybe if there’s a good reason to re-open the case, why not?)

Speculation over the political motivations for re-opening the probe has been rife. It will be headed by Senate committee chairperson and presidential aspirant Senator Grace Poe.

Several incumbent senators, meanwhile, are Robredo’s rivals for the vice presidency: Alan Peter Cayetano, Antonio Trillanes IV, Ferdinand Marcos Jr, Francis Escudero, and Gregorio Honasan.

Of the 5, only Cayetano has announced plans to inhibit from the probe.

Other characters in the clash and the subsequent probes are also seeking posts in 2016: former interior secretary Manuel Roxas II, the LP’s standard-bearer, and former SAF chief Getulio Napeñas, a senatorial candidate under Vice President Jejomar Binay’s opposition party.

“Ako sana. Para hindi nagagamit sa politika ang trabaho. Pero ang pag-i-inhibit kasi is a personal decision. Para sa akin sana ngayon na election time, kandidato kami, mas maging maingat na hindi namin nagagamit iyong aming trabaho. Kasi parating suspicious iyong aming ginagawa, kung ginagawa ba namin ito dahil sa gusto namin mapalawig ang aming popularity,” said Robredo when asked if senators seeking posts in 2016 should keep their distance from the hearings.

(For me, yes. So work isn’t used for politics. But inhibiting is a personal decision. Now that it’s election season and we’re candidates, we have to more mindful of not using our posts for politics. Because people might be suspicious of our actions, if we’re doing this just to be popular.)

Robredo is a member of the House of Representatives, which held various hearings on the clash but has yet to come out with a report.

The Senate, meanwhile, has come out with a draft committee report signed by almost all senators but this has not been tackled before the plenary. – Rappler.com

ISLAMABAD, Pakistan – Pakistan's paramilitary Rangers force raided the home of a New York Times journalist Tuesday, January 12, sparking a wave of criticism on social media and prompting an investigation by the interior ministry.

Journalist Salman Masood live-tweeted the search, fuelling outrage by other users who questioned why authorities would target members of the international media while, as user a_siab put it, "turning a blind eye to activities of banned terrorist outfits".

Masood, a correspondent at the newspaper, told the Agence France-Presse (AFP) that at least 6 Rangers arrived at his home around 7.30 am "in search of a suspect."

When he refused to let them in without a warrant, they left, but returned later with an officer and inspected the home for a few minutes without removing anything.

He said at least one other house in the neighborhood also appeared to have been searched, and that when he tried to introduce himself, they "weren't keen" on knowing who he was. 

"Such raids and activities are not acceptable," a government statement quoted Interior Minister Chaudhry Nisar as saying.

The ministry has been asked to investigate who ordered the raid and why, the statement said.

Police raids and anti-militant operations are common in Islamabad, with the capital criss-crossed by Rangers and other security force units. 

But it is unclear if the search of Masood's home was a routine operation, as stated by police, or if it was an attempt to intimidate the journalist -- which Human Rights Watch lawyer Saroop Ijaz said was a "distinct possibility".  

Either way, Ijaz told AFP, it was not acceptable to deprive someone of the fundamental right to privacy.

Ijaz also recalled "the long history of Pakistani security forces using strong arm tactics against the press, and their history with New York Times". 

In 2013 New York Times bureau chief Declan Walsh was expelled from the country for unspecified "undesirable activities". 

The press in general comes under regular attack in Pakistan, where more than 70 journalists have been killed in the line of duty since 2001, according to the UN. It ranked the country among the worst for unresolved cases of violence against the media. – Rappler.com

LONDON, United Kingdom – Tens of thousands of junior doctors in England went on strike Tuesday, January 12, causing major disruption to hospitals in the first walkout of its kind for 40 years.

They are providing only emergency cover during a 24-hour walkout which started at 0800 GMT, meaning that several thousand routine operations have had to be cancelled, along with appointments and tests.

The strike is over a new type of contract which the government says will improve healthcare at night and at weekends but medics say would drastically reduce their pay.

"The new contract is not fair, it's not safe and from the beginning, we as a profession have been bullied, intimidated and threatened by the Department of Health," said Florence Dalton, 29, a psychiatrist picketing at St Pancras hospital in central London.

She added that many workers in the state-run National Health Service (NHS) felt "exhausted, overstretched and undervalued".

"Staff are already leaving in their droves," she said. "Fewer and fewer people are coming into the profession. It makes me so angry."

Doctors on several picket lines in London were joined by a choir of NHS doctors and nurses who took this year's Christmas number one spot in Britain's pop charts ahead of Justin Bieber with a charity singer.

There are more than 50,000 junior doctors in England, making up a third of the medical workforce. 

They are qualified medical practitioners who are working while studying for qualifications for more senior roles.

On Monday, British Prime Minister David Cameron appealed to junior doctors to call off what he said was an unnecessary strike which would cause "real difficulties" to the NHS.

His government says the reforms are needed to help create a "seven days a week" NHS where the quality of care is as high at the weekends as on weekdays.

The NHS has so far postponed 4,000 routine treatments due to the strike.

A further 48-hour stoppage is due to take place on January 26, while on February 10, there will be a full withdrawal of labour from 0800 GMT to 1700 GMT.

The NHS is the fifth largest employer in the world, providing health care which is largely free at the point of delivery.

It is widely respected in Britain, with pollsters YouGov rating it the institution which the most people view positively.

One hospital in the West Midlands, Sandwell in West Bromwich, ordered its junior doctors to work despite the strike due to what it said were "very high" numbers of patients coming to the hospital and fewer than usual being discharged.

However, the British Medical Association (BMA), which organised the strike, said junior doctors there should keep striking until it was confirmed that "a major unpredictable incident" was taking place. – Rappler.com

Most public transportation in the Philippines aren't friendly to persons with disabilities or PWDs. 

But Marikina City offers a solution — their PWD-friendly tricycle.

Patty Pasion files this VLOG. - Rappler.com