MANILA, Philippines (UPDATED) – Saying Rappler should operate unhindered, philanthropic investment firm Omidyar Network on Wednesday, February 28, announced it has donated its Philippine Depositary Receipts (PDRs) to 14 Filipino managers of the social news network.

Omidyar did this "to address the unwarranted ruling" made by the Philippine Securities and Exchange Commission (SEC) to revoke Rappler's registration because of Omidyar's PDRs. (READ: TIMELINE: The case of Rappler's SEC registration)

"This donation completely eliminates the sole basis of the SEC ruling against Rappler Incorporated and Rappler Holdings Corporation. We therefore strongly believe that the companies should be allowed to continue operating unhindered in the Philippines," said Omidyar partner Stephen King in a conference call on Wednesday.

A PDR is a financial instrument that allows foreigners to invest in a Filipino company without owning any part of it or being involved in day-to-day management.

The SEC on January 11 revoked Rappler's license to operate because the PDRs of Omidyar supposedly violate the constitutional restrictions on ownership. (READ: FAQs: Rappler's SEC case)

Omidyar said the SEC ruling "is a clear and direct attack not only on Rappler Incorporated but also on independent journalism and press freedom in the Philippines." (READ: EXPLAINER: How SEC's Rappler decision is a test case for press freedom)

"We believe that independent and investigative journalists, such as the highly committed team at Rappler, should not have to put their jobs, freedom, and safety at risk to provide impartial news coverage. We must support and protect these courageous journalists around the world, otherwise the press will lose objectivity, trust, and the ability to hold those in power to account," Omidyar said. 

Omidyar is donating its PDRs to the following Rappler managers:

1. Jennifer V. Chua
2. Marie Fel D. Dalafu
3. Stacy Lynne M. de Jesus
4. Lilibeth Socorro L. Frondoso
5. Glenda M. Gloria
6. Dominic Gabriel L. Go
7. Miriam Grace A. Go
8. Natashya Marianne L. Gutierrez
9. Maria Rosario F. Hofileña
10. Gemma B. Mendoza
11. Pauline Gel C. Occeñola
12. Libertad G. Pascual
13. Maria A. Ressa
14. Anne Louise B. Yosuico

Rappler on Wednesday thanked Omidyar for its donation.

"Between then and now, independent media in the Philippines, including Rappler, has come under attack. We therefore welcome Omidyar Network's decision to donate its investment to Filipino Rappler managers," Rappler CEO Maria Ressa said in a statement in the same conference call on Wednesday.

"This generous act proves that Rappler is, as it has always been, Filipino-owned and -controlled," Rappler added.

This also shows that Omidyar "remains committed to supporting independent, investigative, and innovative media organizations globally," the social news network said. (READ: Stand with Rappler, defend press freedom)

"SEC Chairperson Teresita Herbosa has repeatedly said that the SEC decision was not politically motivated," Rappler said. "Now the government has a chance to prove it."

Sought for comment, Herbosa said that the issue "is for CA (Court of Appeals) to pass upon since the case is already pending there by way of appeal."

"The SEC decision's legal basis has not changed insofar as SEC is concerned," Herbosa said. 

Read Omidyar Network's full statement below:

Today, Wednesday, February 28, Omidyar Network announced that it has donated the Philippine Depositary Receipts (PDRs) it held to 14 managers of Rappler Inc, all of whom are Filipino citizens.

We have taken this action in order to address the unwarranted ruling made by the Philippines Securities and Exchange Commission (SEC) against Rappler Inc and Rappler Holdings Corporation.

The donation completely eliminates the sole basis of the SEC ruling against Rappler Inc and Rappler Holdings Corporation. We therefore strongly believe that the companies should be allowed to continue operating unhindered in the Philippines.

Omidyar Network's only objective has always been to enable the ongoing growth and success of these companies, and to support their dedicated journalists in providing independent, impartial, and credible news.

This action also reaffirms our intention that Rappler Inc and Rappler Holding Corporation should continue to operate as fully independent, Filipino-owned and -run companies, and highlights that Omidyar Network never had any control or influence over their management, operations, or editorial policy.

This has been a clear and direct attack not only on Rappler Inc but also on independent journalism and press freedom in the Philippines.

Independent and investigative journalists, such as the highly committed team at Rappler Inc, should not have to put their jobs, freedom and safety at risk to provide impartial news coverage. We must support and protect these courageous journalists around the world, otherwise the press will lose objectivity, trust, and the ability to hold those in power to account. 

Read Rappler's full statement below:

When Omidyar Network invested in Rappler in 2015, it was in recognition of our groundbreaking news coverage, reader engagement model, and community building efforts. These fit into Omidyar's mission of advancing social good through information and technology.

Between then and now, independent media in the Philippines, including Rappler, has come under attack. 

We therefore welcome Omidyar Network’s decision to donate its investment to Filipino Rappler managers. 

This generous act proves that Rappler is, as it has always been, Filipino-owned and controlled. 

It also demonstrates that Omidyar Network, in whatever capacity, remains committed to supporting independent, investigative, and innovative media organizations globally.

SEC Chairperson Teresita Herbosa has repeatedly said that the SEC decision was not politically motivated.

Now the government has a chance to prove it.

– Rappler.com

MANILA, Philippines – French pharmaceutical giant Sanofi Pasteur denied accusations it concealed risks of its Dengvaxia dengue vaccine from the Philippine government in 2015. 

The company's defense: In a statement on Wednesday, February 28, Sanofi said it was only in November 2017 when it discovered Dengvaxia could lead a person to develop severe dengue if he or she had not been infected by the virus before vaccination. 

Sanofi said it immediately announced its findings – which were based on 6-year analysis of clinical data – on November 29, 2017. 

"For the dengue vaccine, from the time of the sale, until November 2017, we had no information or data with regards to the serostatus of the vaccinees showing a different product profile in the population of 9 years old and above," said Sanofi. 

Serostatus indicates if a person had already been infected by a virus (seropositive) or not (seronegative).

"We learnt of the different product profile of the dengue vaccine for those with or without a previous dengue infection in November 2017 and  Sanofi Pasteur has shared the new data in full transparency with national health authorities in countries where the vaccine is approved or where it is being considered for regulatory approval," Sanofi added.

Why the company is defending itself: In a congressional hearing two days before, Food and Drug Administration (FDA) Director-General Nela Charade Puno said Sanofi was already aware of Dengvaxia's possible effect on seronegative patients as early as 2015.

The FDA's special task force on Dengvaxia reviewed the papers Sanofi had submitted to Singapore, which allowed the commercial sale of the dengue vaccine there in October 2016.

Puno said Sanofi already informed Singapore at the time that Dengvaxia is risky for seronegative people.

Why it matters: Dengvaxia was the vaccine used when ex-Department of Health (DOH) chief Janette Garin launched the school-based dengue vaccination program in 3 regions in April 2016. (READ: TIMELINE: Dengue immunization program for public school students)

Public experts had claimed the program was "rushed" because the clinical trial on the vaccine's safety had not been completed at the time. 

When Sanofi issued the warning against Dengvaxia less than two years later, current Health Secretary Francisco Duque III immediately suspended the program. But more than 837,000 kids had already gotten the vaccine. 

While experts have not yet established clear evidence that Dengvaxia caused the deaths of several children, 3 out of 14 were found to have died of dengue despite getting at least one shot of Dengvaxia. – Rappler.com

MANILA, Philippines – The Philippine National Police (PNP) scrambled on Wednesday, February 28, to explain why it deferred admitting customs fixer Mark Taguba to its custodial center in Camp Crame.

What happened: The Manila Regional Trial Court Branch 46 ordered Taguba transferred from the National Bureau of Investigation custodial center to Camp Crame for security reasons. (He had claimed there was a threat to his life at the Manila City Jail, so he stayed longer with the NBI.)

On Tuesday, February 27, however, he barred from entering Camp Crame. The PNP decided to enforce a Supreme Court Office of the Court Administrator (OCAD) order, discouraging courts from bringing non-PNP inmates into the camp's high-security custodial center.

Why enforce SC-OCAD doctrine now? Bulalacao flip-flopped during the press conference. He initially said Taguba was not a "high-risk" or a "high-profile" suspect for the PNP to exempt him from the SC order, and to spend vast resources just to keep him.

After reporters asked why he is not considered a high-profile inmate despite being embroiled in a P6.4-billion drug smuggling controversy to which a presidential son has been linked, Bulalacao agreed that Taguba was indeed a high-profile inmate.

Pressed why Taguba was still not admitted to the PNP Custodial Center, Bulalacao declined to answer and referred reporters to the PNP's Headquarters Support Group chief Chief Superintendent Phillip Phillips.

Phillips has been reached for comment.

Where should Taguba go? Bulalacao recommended to the NBI to bring Taguba to a high-security Bureau of Jail Management and Penology (BJMP) detention facility. He suggested the BJMP Fort Bonifacio jail.

Other high-profile persons detained in Camp Crame include Senator Leila de Lima and former Senator Ramon Revilla Jr. – Rappler.com

SYDNEY, Australia – Communication blackouts and blocked roads hampered rescue efforts Wednesday, February 28, as Papua New Guinea struggled to assess the damage from a massive earthquake which has forced oil and gas fields to close in a blow to the economy.

The 7.5-magnitude tremor struck 90 kilometers (55 miles) south of Porgera in the Pacific nation's mountainous Enga province early Monday, February 26, with aftershocks continuing to rumble through the rugged region.

Local media reported that aerial surveys of the worst-hit areas showed bridges and infrastructure destroyed, along with private homes, while images revealed large cracks in the ground.

Some roads were blocked by landslides and sinkholes, while others had collapsed in places.

With communications and access impaired, conflicting details emerged of the toll and extent of the damage.  

The PNG Post-Courier newspaper on Tuesday, February 27, said more than 30 people may have died, but on Wednesday it reported that only 14 victims had been confirmed, in the Southern Highlands and Hela province. 

All were killed when their houses collapsed as they slept, it said. 

The PNG police said in a statement it understood more than 20 lives had been lost. No official government death toll has been provided. 

Assessment teams were at work, with the military mobilized to help restore services.

Australia said it had sent a transport plane to conduct aerial surveillance and provide logistical support to the PNG Defense Force after a request by Port Moresby.

"We are saddened to hear reports of lives lost and many people being injured," said Australian Foreign Minister Julie Bishop.

"Given the challenging terrain and remoteness of the area, we expect that the extent of the damage will become clearer in coming days."

Hela deputy administrator Eddie Yuwi told The National newspaper the province resembled a war zone.

"Within the periphery of Tari town, we have all the roads affected, buildings destroyed, we have a number of casualties which are yet to be established," he said. 

"We have millions of kina (local currency) worth of property destroyed. We have people buried by debris, landslides."

The quake also impacted Indonesia's Papua with a handful of buildings, including a mosque and a school, damaged, although no casualties were reported, authorities said.

Huge impact

Yuwi added that a large crack had opened up at Komo airport, which services crucial gas fields.

Prime Minister Peter O'Neill tried to reach Hela on Tuesday but poor weather forced his helicopter to turn back.

Impoverished PNG's economy is heavily dependent on its natural resources and he said the temporary shut down of oil and gas fields in the area would have serious repercussions.

"The closure of the oil fields and the gas fields is a concern to every one of us," he told reporters, adding that the country's National Executive Council would meet Wednesday to work out a plan of action.

"It will have a huge impact on our economy, but we will work with experts to see if we can get them operational as quickly as possible."

O'Neill added that the government was getting regular reports from ExxonMobil, the operator of the gas fields, and from Australian-listed exploration company Oil Search.

Oil Search has demobilized non-essential staff as it checks for damage at its wells and production facilities to determine whether it is safe to resume operations.

"This work, together with initial rehabilitation activities on our camps, infrastructure and facilities, is expected to take at least a week," it said in a statement.

ExxonMobil, meanwhile, has shut down its Hides Gas Conditioning Plant in Hela to assess what repairs might be needed. 

Earthquakes are common in PNG, which sits on the so-called Pacific Ring of Fire, a hotspot for seismic activity. – Rappler.com

MUMBAI, India (UPDATED) – Thousands of heartbroken fans lined the streets of Mumbai Wednesday, February 28, as India said farewell to Bollywood legend Sridevi Kapoor following her shock death from accidental drowning in a Dubai hotel bathtub aged just 54.

Some carried roses while others held photos of the late screen icon as they queued patiently to pay their final respects at a condolence service in the western Indian city.

"It's a shock to believe that she is no more. We want to pay her one last visit today and thank her for all her wonderful performances," Nandini Rao, a 32-year-old teacher, told Agence France-Presse.

Legends of Hindi cinema, including actresses Aishwarya Rai and Kajol, were among the mourners at the Celebration Sports Club in the Andheri West area of Mumbai – the home of the Bollywood film industry.

Heavy security lined the streets to control the crowds, which included people who had travelled hundreds of kilometers to be there.

Several fans chanted prayers as Sridevi's body was brought the short distance from her home to the club at 9:00 am (0330 GMT).

"I'm an avid Sridevi fan. I loved her smiling personality. She had such a commanding presence in the Indian film industry. Her death was so sudden and I feel terrible," 45-year-old Kuldeep Singh told Agence France-Presse.

Sridevi's body is due to leave the ground at 2 pm local time to embark on its final journey. She will be cremated at a private Hindu ceremony later on Wednesday.

Sridevi was considered to be one of the most influential Bollywood actresses of all time and her sudden death at the weekend sparked an outpouring of grief in India.

Tributes poured in from fans and fellow actors as well as Prime Minister Narendra Modi.

Life in the spotlight

The star of hit films such as Chandi and Mr India drowned in her bathtub after losing consciousness late Saturday, February 24, in a hotel in Dubai, where she was attending a wedding.

Police in the emirate said a post-mortem examination found that she had drowned after losing consciousness. On Tuesday, February 27, they ruled out any foul play and released the body to Sridevi's family.

It arrived back in Mumbai on a private jet on Tuesday evening, accompanied by her husband, the filmmaker Boney Kapoor, and her stepson, actor Arjun Kapoor.

Sridevi, born Shree Amma Yanger Ayappan in the southern state of Tamil Nadu, appeared in around 300 films and was awarded the Padma Shri, India's fourth highest civilian award, for services to the movie industry.

She made her acting debut at the age of 4 and her career spanned more than four decades.

Sridevi worked in India's regional Tamil, Telugu and Malayalam-language films before making her Bollywood debut in 1979.

She became a national icon with a string of blockbuster films including Mawali ("Scoundrel") and Tohfa ("Gift").

Sridevi took a 15-year break from the silver screen after marrying Kapoor but returned in the 2012 hit comedy-drama English Vinglish. Her most recent film was last year's Mom.

Sridevi was set to see Jhanvi, the eldest of her two daughters, make her Bollywood debut in a movie scheduled for release later this year. – Rappler.com

Tacloban City, PHILIPPINES – Greenpeace ship Rainbow Warrior arrived in this city  on Wednesday, February 28, as part of its climate justice tour in Southeast Asia.

The ship is in Tacloban, the final stop of the Philippine leg of the tour,  to support communities in pressuring governments and  the private sector to take immediate action on climate change. (WATCH: Rainbow Warrior calls for climate justice in PH)

Nearly 5 years since Super Typhoon Yolanda (Haiyan) ravaged this city, most survivors still carried the emotional burden caused by the disaster. But the arrival of the ship brought hope to some of them.

Joana Sustento, a Yolanda survivor, thanked Greenpeace for bringing the Rainbow Warrior ship to Tacloban.

"Actually this is a dream come true for me and for Tacloban.  Because I've always wanted to do something more for the city that I love," Sustento said.

'We all know what happened 4 years ago, and here in Leyte and Samar, we lost thousands of lives. We  lost everything," she added.

What remained, she said, are stories of pain and loss, of rebuilding lives for survivors and regaining their strength.

"All of us here have stories to tell, whether you are here or not, bisan waray ka didi maaram ako na may ada ka pamilya ngan sangkay nga aadi (though you're not here, you still have families and friends who are here)," Sustento said.

Sustento and her brother survived Yolanda, but lost their parents, elder brother, sister-in-law and their nephew. (READ: TIMELINE: Super Typhoon Yolanda (Haiyan))

Sustento urged her fellow Yolanda survivors in the region to help in the fight against climate change.

"We know what climate change is. We know what's beyond the numbers and statistics. We have that story and the stories are powerful. That is why Rainbow Warrior is here so that we can share those stories and they can tell it to the world. For the world to know what climate change really is. For climate change to have that face. Kinahanglan masabtan han kalibutan ano gud natabo dinhi (The world must know what really happend here)," Sustento said.

"We should be at the front line to take action. We should not wait for other people to take action for us because we are all supported by the world," she added.

The Greenpeace ship arrived in Manila on February 14. Greenpeace had said that the tour would highlight the power of the people who are reclaiming their rights to safe and ecologically sourced food, rights to resilient and thriving oceans, and to witness how the people are taking their power back by telling stories of survival and hope.

The ship will be in the Philippines until March 5 before sailing to other countries in Southeast Asia. Aside from Manila and Tacloban, the ship also visited Guimaras.  – Rappler.com

MANILA, Philippines – Consumer groups on Wednesday, February 28, suggested ways to deal with problems arising from the fast-depleting buffer stock of National Food Authority (NFA) rice.

NFA Spokesperson Rex Estoperez said they have buffer stock of rice for only 1.7 days, which is equivalent to 1.1 million bags of rice.

The NFA is required to keep 15-day buffer stock at any given time, and 30-day buffer stock by July 1 or the start of the lean months.

{source}<center>

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Speakers for today&#39;s roundtable on the Philippines&#39; rice &quot;crisis&quot; include NFA&#39;s Rex Estoperez and former DAR Secretary Rafael Mariano. <a href="https://twitter.com/hashtag/rappler?src=hash&amp;ref_src=twsrc%5Etfw">#rappler</a> <a href="https://t.co/ywusi2BRwD">pic.twitter.com/ywusi2BRwD</a></p>&mdash; Jee Y. Geronimo (@jeegeronimo) <a href="https://twitter.com/jeegeronimo/status/968663142594064384?ref_src=twsrc%5Etfw">February 28, 2018</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

</center>{/source}

The NFA has two ways to replenish its buffer stock: buying from local farmers, and importation of rice.

But the problem is the NFA can't buy from farmers with a buying price of P17 per kilogram, because it is much lower than farmgate prices. Meanwhile, the importation of 250,000 metric tons of rice won't arrive until June, or after the harvest season.

With 4 more months to go before the importation arrives, former agrarian reform secretary and Bantay Bigas convenor Rafael Mariano suggested to the NFA a "provisional increase" of the buying price of rice that ranges from P18 to P20.

"P'wedeng alamin muna 'yung competitive price sa farmgate ng palay. Alamin, ano ba, P18.50? P19? Aralin din ng NFA Council kung p'wedeng, kung 'di niya gawing permanent support price 'yan, e 'di provisional increase…. Increase 'yung support price para lang makabili at madagdagan, mabeef-up 'yung food security stock ng NFA," Mariano explained.

(Find out first what the competitive price of rice is at the farmgate. Is it P18.50? P19? The NFA Council should study if a provisional increase is possible.... Increase the support price so we can buy and beef up the NFA's food security stock.)

Estoperez said Mariano's suggestion is not a problem to the NFA, but the NFA Council still has the last say.

"Sinasabi mo, magtaas kami ng presyo. Okay, walang problema sa amin 'yun, p'wede naming paglaruan ang presyo din para makakuha kami ng aming buffer stock, but still 'yung aming policymaking body, siya pa rin 'yung nagsasabi kung ano dapat ang patutunguhan natin," he explained.

(You're saying we should increase our buying price. Okay, that's not a problem for us, we can also consider other prices so that we can replenish our buffer stock, but our policymaking body still decides on our direction.)

The spokesperson said the NFA Council will still have to discuss the P18 buying price that was suggested during the Senate hearing on Tuesday, February 27.

Mariano urged the NFA Council to convene an emergency meeting to discuss a possible provisional increase of their buying price.

"'Pag nahawakan na ng NFA ang sapat na volume para maimpluwensyahan ang presyo ng bigas sa merkado, e 'di ibalik mo sa P18," he added.

(Once the NFA has replenished its buffer stock with enough volume to influence the price of rice in the market, then they can bring it back to P18.)

Meanwhile, Laban Konsyumer president Victorio Dimagiba suggested that the government should study setting a suggested retail price (SRP) for regular-milled and well-milled rice.

Estoperez seemed open to the suggestion.

"'Yung sinasabi na SRP based on Consumer Act or Price Act man, that can be done. Siguro lahat ng ahensya na involved dito sa bigas ay dapat mag-coordinate, let's do kung anong magagawa natin, samantalang wala pa tayong replenishment sa ating stocks," he added.

(The SRP based on either the Consumer Act or the Price Act, that can be done. Maybe all agencies involved in the rice industry should coordinate, let's do what we can while our stocks haven't been replenished yet.) – Rappler.com

WASHINGTON DC, USA – Saudi Arabia's crown prince says the anti-corruption drive launched late last year is the "shock therapy" his kingdom needs to root out widespread graft.

"You have a body that has cancer everywhere, the cancer of corruption. You need to have chemo, the shock of chemo, or the cancer will eat the body," Crown Prince Mohammed bin Salman told the Washington Post in an interview published Tuesday night, February 27.

"The kingdom couldn't meet budget targets without halting this looting," he said.

In the latest move for change, a dramatic shake-up announced in royal decrees late Monday, February 26,  saw top brass, including the chief of staff and heads of the ground forces and air defense, replaced and a broad defense reform plan approved. The government bureaucracy is also to be overhauled.

The crown prince said the shake-up announced by his aging father, King Salman, was aimed at installing "high energy" people who could achieve modernization targets. "We want to work with believers," the crown prince told the US paper.

The changing of the military guard came just a month shy of the third anniversary of the launch of a Saudi-led intervention to fight Iran-backed Huthi rebels in Yemen.

Prince Mohammed has been the main driver of the once-staid kingdom's more aggressive regional push since he took over as defense minister in early 2015.

But despite a multi-billion dollar military campaign, the coalition has failed to defeat the Huthis in a conflict that the United Nations says has created the world's worst humanitarian crisis.

The war's failures have exposed the limitations of Saudi Arabia's military might and accelerated the need to reform what is seen as a sclerotic military establishment. – Rappler.com

MANILA, Philippines – Janet Lim Napoles lost another bail petition at the Supreme Court after the en banc denied her motion for reconsideration in her pork barrel scam plunder case with former senator Juan Ponce Enrile.

Napoles filed the motion for reconsideration in December 2017 after the en banc denied her petition in November 2017. In her motion for reconsideration, she used the main plunderer principle that got former president now Pampanga Second District Representative Gloria Macapagal-Arroyo acquitted, and former senator Jinggoy Estrada temporarily free.

The en banc did not give merit to the principle in this case.

The resolution was promulgated on February 6, written by Associate Justice Andres Reyes Jr with concurrences from everyone except Associate Justice Lucas Bersamin who was on leave, and Associate Justices Francis Jardeleza, Benjamin Caguioa, and Samuel Martires who took no part.

What does this mean? It means that Napoles faces another hurdle. To gain temporary liberty, she needs to be granted bail in all her 3 plunder cases with Enrile, Estrada and former senator Ramon "Bong" Revilla Jr. Losing another petition deals a blow to her bid for freedom. (READ: PDAF cases, Duterte-time: Napoles confident of freedom 'in less than 2 years')

Napoles was granted bail in the two other plunder cases with former Masbate representative Rizalina Seachon-Lanete and former APEC representative Edgar Valdez.

Does she have other petitions? Yes. On February 13, she filed a supplemental petition for bail in relation to her plunder case with Revilla.

What is the most significant part of this resolution? It is worth noting how the en banc appreciated the "main plunderer" argument for this case.

Napoles jumped on the bandwagon, hoping to use it to her favor. She cited Arroyo's case, where the SC said there was doubt that the alleged misuse of intelligence funds in the Philippine Charity Sweepstakes Office (PCSO) was really a crime of plunder because there was no main plunderer. 

In the latest resolution, the en banc said the argument was “unmeritorous” because of “the distinction between the required standards of proof” in the Arroyo and Napoles cases.

The en banc noted that Arroyo questioned the Sandiganbayan’s denial of her demurrer of evidence while Napoles is only questioning the Sandiganbayan’s denial of her petition for bail.

“This standard of proof is clearly different from that applied in a demurrer to evidence, which measures the prosecution’s entire evidence against the required moral certainty for the conviction of the accused,” the High Court said.

“The resolution of this issue does not involve an inquiry as to whether there was proof beyond reasonable doubt that Napoles, or her co-accused as the case may be, was the main plunderer for whose benefit the ill-gotten wealth was amassed or accumulated. These are masters of defense best left to the discretion of the Sandiganbayan in the resolution of the criminal case,” said the resolution. 

What’s next? Napoles can tweak her petitions, or choose to file it at a better time.

Meanwhile, the Napoles camp awaits the decision on their February 13 supplemental petition for bail in Revilla's plunder case, and also the SC’s decision on Revilla’s own petition.

Any resolution on the cases will give the Napoles camp tips on what to argue next. – Rappler.com

MANILA, Philippines – President Rodrigo Duterte likened joint exploration with China in the West Philippine Sea to "co-ownership" in a speech on Wednesday, February 28, in Marawi City.

"Ngayon, offer nila, eh di joint exploration. Eh di parang co-ownership, parang dalawa tayong may-ari niyan, eh di mas maganda 'yan kaysa away," he told an audience of Marawi residents and government officials. (They offered joint exploration. So that's like co-ownership, it's like two of us own that. That's better than fighting.)

The Philippine president didn't distinguish if he meant co-ownership of the West Philippine Sea or of the resources found in it, such as oil.

Duterte hailed China's joint exploration offer as proof that his foreign relations strategy with them succeeded in bringing benefits to the Philippines.

"Kita mo, eh kung inasar ko noon, pinagpu-putang ina ko sila, wala nangyari," he said. (See, if I annoyed them before, called them sons of bitches, nothing would have happened.)

Why it matters: The 1987 Constitution states that resources within the country's Exclusive Economic Zone (EEZ) must be reserved for Filipinos. The West Philippine Sea is a portion of the larger South China Sea which falls within the country's EEZ and continental shelf.

Senior Associate Justice Antonio Carpio, an expert on maritime law, has said the Constitution bans "joint development " within the country's EEZ. 

While the government can tap a private company as a contractor to extract resources within the EEZ, there can be no state-to-state joint development, he said.

Cause for concern? Duterte's use of the term "co-ownership" could be a cause for concern given that the West Philippine Sea and its resources are supposed to be exclusively for Filipinos.

China's claim to the West Philippine Sea was invalidated by the Permanent Court of Aribtration in the Hague, Netherlands, back in 2016. Beijing, however, has chosen to ignore the ruling.

Duterte also used the term "co-ownership" after joking that it would be better if China declares the Philippines as one of its provinces, a remark widely condemned by lawmakers and citizens. – Rappler.com

MANILA, Philippines – Several top-ranking officials of the Department of Health (DOH) will be reassigned to other offices pending ongoing probes into the controversial dengue vaccination program.

Who are involved: Health Secretary Francisco Duque III said on Wednesday, February 28, that "certain undersecretaries, assistant secretaries, and directors" will be reassigned to different posts by next week. 

He said this is "in light of investigations concerning high-ranking officials of the department."

"I am reassigning certain undersecretaries, assistant secretaries, and directors of the Department of Health in order to preserve the integrity of ongoing investigations and to prevent any potential undue influence on their findings," said the DOH chief. 

Duque did not name the officials.

Why they are being reassigned:  Weeks before, former health consultant-turned-whistleblower Francis Cruz alleged that 19 former and current DOH officials are conducting mafia-like operations in the department.

Cruz claims the following officials, led by ex-health chief Janette Garin, supposedly benefitted from the implementation of the now-suspendeddengue immunization program the latter launched in April 2016:

• Retired undersecretary Nemesio Gako
• Resigned undersecretary Kenneth Hartigan-Go
• Resigned undersecretary Vicente Belizario Jr
• Former head executive assistant Yolanda Oliveros
• Former DOH Office of the Secretary consultant Linda Milan
• Undersecretary Carol Taiño
• Undersecretary Gerardo Bayugo
• Undersecretary Lilibeth David
• Undersecretary Mario Villaverde
• Assistant Secretary Nestor Santiago
• Assistant Secretary and DOH spokesperson Lyndon Lee Suy
• Financial management service director Larry Cruz
• Family health office officer-in-charge Joyce Ducusin
• Health promotion and communication service officer-in-charge Mar Wynn Bello
• National Capital Region regional director Ariel Valencia
• Central Luzon regional director Leonila Gorgolon
• Calabarzon regional director Rio Magpantay
• Philippine Children's Medical Center director Julius Lecciones 

But Cruz has not produced any documentary evidence so far to support his claims. 

Nine of the officials he accused filed separate libel complaints against him. Cruz tagged the complaints as part of a "conspiracy" to silence him.

Duque himself denied the existence of the so-called "DOH mafia."

Other officials reassigned:Last week, Duque also ordered the reassignment of two officials from the Food and Drug Administration (FDA).

One of the reassigned officials is Field Regulatory Operations Office Acting Deputy Director General Maria Lourdes Santiago, who was the FDA officer-in-charge when the agency approved Sanofi Pasteur's application to commercially sell Dengvaxia in the Philippines in 2015. 

The other is Center for Drug Regulation and Research Director Benjamin Co, who received a USB drive directly from Sanofi in December 2017, a move prohibited by FDA rules. 

Why it matters: Public Attorney's Office (PAO) chief Persida Acosta is refusing to share to the DOH the results of their forensic examination of several children who received the Dengvaxia dengue vaccine and later died. 

She said there is a "conflict of interest" if PAO gives their findings to the DOH, which implemented the vaccination program in the first place. 

Acosta told lawmakers on Monday, February 26, that PAO will only share the tissue samples of the cadavers they have studied so far to DOH officials who are not implicated in the Dengvaxia controversy. – Rappler.com

MANILA, Philippines – The proposed Bangsamoro Basic Law, which seeks to abolish and replace the Autonomous Region in Muslim Mindanao, is now up for Senate debates, after Senator Juan Miguel Zubiri sponsored the committee report on Wednesday, February 28.

But the most "innovative"parts of the landmark bill are the provisions seeking to ban political dynasties and turncoatism in the region – which members of the Bangsamoro Transition Commission and ARMM politicians earlier opposed, claiming it is another form of experiment for them.

“[It] penalizes the unprincipled transfer from one party to another which is a problem in this country. This Bill proposes that if Member of the Parliament, after having been elected under the proportional representation system, transfers to another during his incumbency, he will forfeit his seat,” Zubiri said in his sponsorship speech on Wednesday, February 28.

“No party representative should be related within the 2nd civil degree of consanguinity or affinity to a district representative or another party representative in the same parliament,” he said.

Zubiri, however, said the anti-dynasty provision only covers the Bangsamoro government and would exclude mayors and governors: “Because really we are still awaiting a national anti-dynasty law.”

Salient features

Territory: The core territory includes the current ARMM – Basilan, Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, and the cities of Marawi and Lamitan – 6 municipalities in Lanao del Norte, cities of Cotabato and Isabela, and 39 barangays in North Cotabato.

There is also an opt-in provision for contiguous areas or those areas sharing a common border with Bangsamoro. These areas can join the plebiscite through a petition by at least 20% of registered voters and only if their mother unit allows them to do so. It is a response to the opposition of Zamboanga City officials, who said they should never be part of the region.

The 6 municipalities of Lanao del Norte and the 39 barangays in North Cotabato already voted yes in the 2001 plebiscite for inclusion in the ARMM. But they were not included in the ARMM due to a technical issue.

The city of Isabela in Basilan voted against joining the ARMM in 2001 and opted to remain part of the Zamboanga Peninsula region.

Zubiri, in a hearing in the city in February, said more livelihood and infrastructure would enter the city if it agrees to join the region.

The bill proposes that the plebiscite be held in the core territory and in the contiguous areas who may petition for inclusion. The ARMM would be allowed to vote as one unit.

Bangsamoro Government: The measure grants the region self-governance in the hopes that it would end the region’s “feeling of alienation,” Zubiri sid.

If passed into law, the region would have a parliamentary government, with the Chief minister as head of government and supported by a cabinet. It would be composed of 50% party representatives, 40% directly elected members, and 10% sectoral representatives.

This is also where the proposed anti-dynasty and turncoatism provisions would apply.

The Bangsamoro Transition Authority (BTA) would be the interim government and would allow the Moro Islamic Liberation Front to transition from a rebel organization to governance through a peaceful democratic process.

“While the BTA will be led by the MILF, other sectors in the Bangsamoro will be represented. The transition period under the Bill will be for 3 years which will be a sufficient time to stabilize the region and hopefully kick start development and reforms,” Zubiri said.

Central vs Regional: The central government has authority over foreign policy, defense, monetary policy, immigration, and citizenship, among others.

The Bangsamoro’s exclusive powers include authority over social services delivery and community development, such as agriculture, public administration, waste management, and others.

The shared powers between the two include social security and pensions, public order and safety, civil service, coast guard, auditing, and administration of justice, among others.

To guard against corruption, the measure seeks to create the Bangsamoro Auditing Office (BAO) to conduct pre- and post-audit of projects. A regional office of the Commission on Audit would be put in place.

Justice system: The region would be allowed to implement Shariah law if the parties are Muslims or if those involved would voluntarily submit to the jurisdiction of the Shariah court. Regular courts would continue to function.

The justice system allows them to practice their religions and recognize the uniqueness of their culture and identity while maintaining the control and jurisdiction of the Supreme Court over the Shariah Court system.

Public order and safety: The Bangsamoro Police remains a part of the PNP. The Bill operationalizes Section 21, Article 10 of the Constitution that gives local authorities the ability to manage peace and order.

Fiscal autonomy: The region would enjoy the “maximum form of fiscal autonomy” and would be authorized to prepare and pass its own budget.

If passed into law, the Bangsamoro would get unconditional funding from government revenues. This is in stark contrast to the current scheme where the ARMM is required to get congressional nod for funds and projects.

The measure mandates the national government to give the Bangsamoro region an “annual block grant” or share in net collections of the Bureau of Internal Revenue and the Bureau of Customs. (READ: P72B yearly for Bangsamoro region if BBL passed)

The region would also get its share in revenue from exploration development and utilization of natural resource. The proposed tax scheme is 75-25, in favor of the region.

This is also on top of a P100 billion Special Development Fund to rehabilitate damaged infrastructure in the region. The fund will be released in 10 equal installments for years and will be utilized based on Development Plan which they would create.

What now?

Senators would now study the committee report. After which, they would interpellate Zubiri on the provisions of the bill. Some would also push for their own amendments. No heated debates are expected, as most, if not all, senators are in favor of the BBL. After that, the measure would be approved on second reading. After 3 days, it could be approved for third and final reading.

A counterpart measure remains pending in the House of Representatives. The bill would have to face the same legislative process there. But with President Rodrigo Duterte supporting the measure, the House, filled with his allies, is likely to pass this soon. – Rappler.com

MANILA, Philippines – The Department of Labor and Employment (DOLE) denied allegations on Wednesday, February 28, that it is delaying the signing of the executive order (EO) ending contractualization.

In a statement, Labor Undersecretary Joel Maglunsod said President Rodrigo Duterte met with Partido Manggagawa earlier in February, and the EO proposed by labor groups will have to be studied by Duterte's legal advisers first.

"They have to have [a] little patience as the President is doing his best to address the problems of labor contractualization," Maglunsod said. (READ: Ending contractualization needs 2 urgent actions from Duterte)

Maglunsod noted that the House of Representatives passed House Bill No. 6908 or the security of tenure bill in late January.

He added that DOLE is currently working with the Senate so that the counterpart of the bill there would also be passed.

"I appeal to the labor groups to have [a] little patience as DOLE is doing everything possible to end contractualization of labor," said Maglunsod.

More time?

Rene Magtubo, Nagkaisa labor coalition spokesperson, pointed out that ending contractualization was a campaign promise of Duterte back in 2016.

"[I]t was the President who made a campaign promise that the moment he becomes the Chief Executive, contractualization will stop.... Several times he asked leaders of Nagkaisa labor coalition that he be given more time to realize his pledge," Magtubo said.

Labor groups met with Duterte on February 27, 2017, then on May 1, 2017, and earlier this February, but no EO has been finalized yet. (READ: No 'endo' in 2017? Challenge of ending labor contractualization)

According to Magtubo, labor groups are asking the President to bring back direct hiring and prohibit the end-of-contract scheme.

"[The labor-drafted EO] recognizes that there are types of jobs that can be contracted as long as it passes through consultation with the National Tripartite and Industrial Peace Council," he said.

"[That] is the fairest middle ground or compromise that labor [groups] can take. A watered-down version of an EO is unacceptable," he added.

In March 2017, DOLE issued Department Order (DO) No. 174 that sets stricter guidelines for contractualization. Labor groups said the DO only "legalizes" the end-of-contract scheme.

Last year, DOLE was able to regularize at least 125,000 of the 200,000 contractual workers it planned to put in permanent positions. There are an estimated 1.3 million contractual employees in the country. – Rappler.com

ALBAY, Philippines – Mayor Krisel Lagman-Luistro of Tabaco City, eldest daughter of Albay 1st District Representative Edcel Lagman and ardent critic of President Rodrigo Duterte, lauded the President's initiatives for taking care of Mayon evacuees.

In an interview here on Wednesday, February 28, Luistro said Duterte is better than previous Presidents Joseph Estrada, Gloria Macapagal-Arroyo and Benigno Aquino III when it came to implementing disaster response.

“For so many disaster operations we’ve been through as a mayor, this is the first time that I really feel the help of the national government when it comes to aid for displaced families of natural disasters,” she said.

“This is the advantage of the President who served from local government because he knows the problems of the local government units,” she added during the turnover of relief goods of the Department of Social Welfare Department regional office led by director Arnel Garcia.

Lagman-Luistro said they're spending P400,000 daily for Mayon evacuees but the move of the Department of Social Welfare Department to take over the relief efforts covering whole month of February eases the burden of local mayors affected by Mayon volcano.

“I may not be in favor of President Rodrigo Duterte’s policies but I admire his disaster response measures to disaster victims, which is better than Presidents Estrada, Arroyo and Aquino,” she continued. – Rpapler.com

MANILA, Philippines – The Department of the Interior and Local Government (DILG) proposed declaring a 6-month state of calamity and 2-month commercial shutdown in popular paradise island Boracay.

The announcement: "[T]he proposed declaration of state of calamity would run for six months but the temporary closure of business operations in the three barangays composing the Island would, if necessary, be only be for 60 days," the DILG said in a statement on Wednesday, February 28.

What does this mean? Declaring a state of calamity means 4 things for Boracay

1. Price control for basic commodities
2. Zero-interest loans to be allowed
3. Opening up of calamity funds for rehabilitation
4. Quick authorization of donations to the island

It is unclear what types of businesses would be banned from operating if the commercial shutdown takes place. The DILG has been reached for clarification.

Why declare? According to the DILG, the declaration of a state of calamity and halting of business operations would "hasten" rehabilitation efforts.

"It's one of the options we're considering because there is concern that the plan to rehabilitate Boracay Island cannot be achieved under normal circumstances, meaning when normal commercial activities are in operation,” DILG Officer-in-charge Undersecretary Eduardo Año said in the statement.

Who can declare? Only President Rodrigo Duterte can declare Boracay to be in a state of calamity, according to Republic Act No. 10121, also known as the Disaster Risk Reduction and Management Act of 2010.

The controversy on the island began when Duterte himself threatened to close down the entire island, calling it a "cesspool."

What about tourism? Año, through the DILG statement, struck down speculation that the popular island getaway's tourism would suffer, saying that it's high time that the nature-rich area takes a breather from intense commercialization.

"And now that the world knows about Boracay being cleaned up, there is an expected influx of local and international tourists when Boracay is reopened because they would want to see how has the Island improved,” he said. 

He added that declaring a state of calamity and commercial shutdown would pose as a warning to other local government units to take care of the country's natural wonders. – Rappler.com

DAVAO CITY, Philippines – Questions about who would be held liable for the death of dozens of workers trapped in a Davao City mall fire in December 2017 remain unanswered as an interagency group formed to lead the probe have not come up with conclusions yet.

This was revealed Wednesday, February 28, by Davao City Bureau of Fire Protection (BFP) Director Senior Superintendent Wilberto Rico Neil Kwan Tiu.

“According to the latest information, the Secretary wanted them to submit the final report but they requested for an extension kasi baka hindi pa talaga nila matapos (because they might not have finished yet),” Kwan Tiu told Rappler in an interview.

Two days after the NCCC Mall fire on December 23, 2017, Justice Secretary Vitaliano Aguirre II ordered a criminal investigation in the hope the government could set an example that there would be no repetition to tragedies such as this.

Soon after, the Interagency Anti-Arson Task Force was created. It is made up of members of the BFP, the Department of Interior and Local Government, the National Bureau of Investigation, the Department of Justice, and the Criminal Investigation and Detection Group XI.

Past deadline

In January, the task force’s spokesperson and deputy team leader Fire Superintendent Jerry Candido said the report on the December 23 fire was hoped to come out in the first week of February.

In a Mindanews report, Candido said they were gathering documents and authenticating others as they readied criminal, civil, and administrative charges.

The Department of Labor (DOLE) launched its own investigation as it approved some P30 million worth of assistance for the family of the workers who died in the fire.

Apart from DOLE, the operator of NCCC Mall also conducted a separate independent probe and brought in two experts from the US.

All of these investigations have not yet come out with results.

Since investigations began, several BFP officials were sacked from their posts. According to Candido, they could also be held liable for the deadly incident. – Rappler.com

MANILA, Philippines – Rappler lawyer Francis Lim urged government to leave the social news network "unhindered" now that philanthropic investment firm Omidyar Network donated its Philippine Depositary Receipts (PDRs) to Rappler managers. 

"While not legally necessary, the donation puts beyond doubt that Rappler is owned and controlled by Filipinos," Lim said in a statement.

"The government should now leave Rappler unhindered in its operations in the name of press freedom," the lawyer added.

Omidyar Network on Wednesday announced it has donated its PDRs to 14 Filipino managers of the social news network.  

A PDR is a financial instrument that allows foreigners to invest in a Filipino company without owning any part of it or being involved in day-to-day management. 

The Securities and Exchange Commission (SEC) on January 11 revoked Rappler's registration because the PDRs of Omidyar supposedly violate the constitutional restrictions on ownership. 

Omidyar Network said in a statement Wednesday, "This donation completely eliminates the sole basis of the SEC ruling against Rappler Incorporated and Rappler Holdings Corporation."

The SEC, however, asserted its decision to revoke Rappler's registration.

Sought for comment, SEC Chairperson Teresita Herbosa said that Omidyar's donation is for the Court of Appeals (CA) to evaluate, as Rappler has appealed this case before the CA. 

"That matter is for CA to pass upon. The case is already pending there by way of appeal," Herbosa said in a text message. 

"The SEC decision's legal basis has not changed insofar as SEC is concerned," Herbosa added.

The SEC "will respond or give its position on such development as may be ordered by the CA," she also said. 

'Let the courts decide'

Presidential Spokesperson Harry Roque also reacted to Omidyar Network's donation on Wednesday, saying the donation "does not remove the fact that Rappler breached the Constitution."

"This latest act is nothing but a circumvention of the law, which restricts ownership of media entities in the country to 100% Filipino-owned," Roque said. 

"Rappler's defense of infringement of press freedom is merely a ploy to distract from the real issue, as resolved by the Securities and Exchange Commission (SEC) that the former is a foreign entity," he added.

Lim, in reaction to Roque's statement, said on Wednesday, "Let the courts decide that issue."

Rappler said in a separate statement, "According to Omidyar Network, which has supported independent journalism globally, the SEC has used the PDRs issue as a 'blunting instrument' to silence critics of government."

"By donating its investment in Rappler Holdings Corporation to Rappler managers, ON said it is taking away the rationale being used by the SEC to silence independent journalism," the social news network added.

Herbosa "has repeatedly said that the SEC decision was not politically motivated," Rappler said. "Now government has a chance to prove it." – Rappler.com

MANILA, Philippines – A former Philippine envoy to the Association of Southeast Asian Nations (ASEAN) said that Filipinos should consider looking for jobs within the region.

In a forum on Wednesday, February 28, Orlando Mercado, former Philippine permanent representative to the ASEAN, said that the member-states within the region have "vibrant" arrangements with the Philippines in terms of protection of workers.

"Arrangements with regards to protection of workers is in place already and the Philippines worked a lot to have that passed," Mercado said that OFWs looking for jobs should take advantage of the ASEAN integration.

Mercado also said that ASEAN countries are "closer to home," thus OFWs will find it easier to adopt to southeast Asian cultures the most.

"[OFWs] can earn money and save more money if they go to a country in the ASEAN – it's a lot better and less in terms of what they have to give up – and it's easy [for the government] to monitor and take care of our workers," he said.

"People [need] to understand that there might be more opportunities in ASEAN than going to other nations where the culture is so separate so much so that they are more predisposed to abuses," Mercado added.

However, Mercado said that the "dream" will still be that Filipinos no longer have to work in another country to earn more.

"The best thing that will happen to us – and it's our dream – that having to go to another country should be an option and not a need," he said.

During the 31st ASEAN and Related Summits, Southeast Asian leaders signed an agreement protecting migrant workers in November 2017. (READ: Pact on migrant workers' rights is PH gift to ASEAN)

The consensus is a followup document to the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers adopted in January 2007 in Cebu.

Protection on Filipino migrant workers is still a raging issue, with the labor department announcing earlier on Wednesday that it is considering banning deployment to the Middle East due to cases of maltreatment and abuses of OFWs.

In February, the Department of Labor and Employment issued a total ban on the deployment of Filipino workers to Kuwait after the  discovery of Filipino domestic helper Joanna Demafelis' remains in a freezer in an apartment in the Gulf country.– Rappler.com

MANILA, Philippines – The Regional Trial Court of Makati City setenced two Canadian nationals to life inprisonment on Wednesday, February 28, after they were found guiltyof illegally possessing shabu and other drugs with an estimated value of around P100 million.

Makati RTC Branch 63 Judge Selma Palacio Alaras also ordered the Canadian nationals, James Clayton Riach and Ali Memar Mortazavi Shirazi, to pay a P500,000 fine. 

The two were arrested in a drug raid at unit 3803 of the Gramercy Residences on Kalayaan Avenue on January 15, 2014.

The National Bureau of Investigation (NBI), which conducted the raid at Gramercy Residences as well as conducting raids at The Luxe Residences and One Serendra condominiums in Bonifacio Global City on that day, found P100 million in shabu – methamphetamine hydrochloride – as well as cocaine and ecstasy pills.

The court found the accused Canadians guilty of possessing dangerous drugs, saying, "there is basis to support a finding of guilt against both accused for illegal possession of methamphetamine hydrochloride, also known as shabu, found in Unit 3803."

Riach and Shirazi's claims

The judge did not give credit to Riach's claim the test-buy operation was made up.

Riach presented lawyer Thomas de Castro as a witness to contend with the findings. De Castro testified he received a call from Riach on January 8, 2014, at around 9 am. In the call, Riach said he was seeking assistance with regard to a theft incident.

De Castro also said the two met at about 12:30 pm at the Makati City Central Police Stattion and parted ways at 5:30 pm.

De Castro thus holds there could not have been a test-buy operation as he was with Riach during the time of the test-buy operation.

Shirazi meanwhile claimed he was a visitor in Unit 3803. The seized illegal drugs, he said, were not recovered from his possession – it was instead found in the master’s bedroom of the unit while he was seated at the sofa during the search.

The Canadians also argued the case should have been dismissed as the Court of Appeals (CA) earlier quashed a search warrant and ordered a case against the occupants of Room 301 of Luxe Residences junked.

Court response 

In junking the Riach's arguments, the trial court held Riach failed to overcome the strict requirement of physical impossibility as a defense.

It takes about 5 minutes to get from the Makati City Central Police Stattion to his unit in Gramercy Residences, and travel time could have been lessened on a vehicle.

Held the court, “The short distance and the facility of access available to Riach do not render it physically impossible for him to have been in Gramercy Residences at about 3 pm."

The trial court also said the "positive identification that he sold the poseur-buyer dangerous drugs in Unit 3803 cannot overcome his alibi of physical impossibility."

In Shirazi's case, the trial court pointed out his being a visitor to the unit was immaterial to the case as the fact the illegal drugs were found within his reach made him liable for possession of the drugs..

The Court of Appeals decision quashing the search warrant conducted on the Luxe Residences, meanwhile, could not be applied to the Canadians' case, the trial court added.

It explained, “While the courts may take judicial notice of its own acts and records in the same case, as a rule, courts are not authorized to take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been heard or are actually pending before the same judge." – Rappler.com

WASHINGTON, DC, USA – The US Supreme Court ruled on Tuesday, February 28, that immigrants can be detained indefinitely without bond hearings, in a setback for immigrant rights.

The 5-to-3 decision was carried by the court's conservative justices, who said immigrants detained in the United States had no right to periodic bond hearings.

It reversed a ruling by the San Francisco 9th Circuit Court of Appeals, which had set a 6-month limit for detention without a bond hearing as long as the person did not pose a flight risk or a danger to national security.

Writing for the majority, Justice Samuel Alito argued that the appeals court had overstepped its authority by re-writing rather than interpreting the law.

"All parties appear to agree that the text of these provisions, when read most naturally, does not give detained aliens the right to periodic bond hearings during the course of their detention," he wrote.

In a dissent, Justice Stephen Breyer cited the Declaration of Independence, "in particular its insistence that all men and women have 'certain unalienable Rights,' and that among them is the right to 'Liberty.'"

"We need merely remember that the Constitution's Due Process Clause protects each person's liberty from arbitrary deprivation," he wrote.

Justice Elena Kagan recused herself from the decision.

The case involved a Mexican immigrant, Alejandro Rodriguez, who had legal US residence and worked as a dental assistant.

He was convicted of a drug offense and theft of a vehicle in 2004, prompting an immigration judge's order for his deportation to Mexico, which Rodriguez appealed.

He spent three years in detention while appealing his case, arguing that the relevant laws do not authorize prolonged detention unless the government proves it is justified. Otherwise, it would violate due process.

In the end, Rodriguez won his case against deportation. 

"We look forward to going back to the lower courts to show that these statutes, now interpreted by the Supreme Court to require detention without any hearing, violate the Due Process Clause," Ahilan Arulanantham, a lawyer for the American Civil Liberties Union who argued the case, said after the ruling. – Rappler.com