78 passengers, 7 crew of distressed vessel rescued off Tawi-Tawi
BY VICTOR REYES
PHILIPPINE Navy personnel rescued 78 passengers and seven crew members of a distressed vessel off Tawi-Tawi last Tuesday.
The Naval Task Force 61 deployed the patrol craft BRP Jose Loor Sr (PS390) after receiving information that the vessel, ML Dhiemal, encountered engine failure in Sibutu Passage.
BRP Jose Loor Sr coordinated with the Navy’s Littoral Monitoring Station Bongao last Tuesday morning “to pinpoint the location of the distressed vessel along the Sibutu Passage,” the Naval Forces Western Mindanao (NFWM) said.
By noon, the Navy ship had established radar and visual contact with ML Dhiemal, which was some 9 nautical miles southwest of Bakalao Point in Sibutu town.
ML Dhiemal was on its way to Bongao town in Tawi-Tawi from Tadu Banak in Sibutu town when it encountered engine failure.
The NFWM said BRP Jose Loor Sr assisted by towing ML Dhiemal to Bongao town at 1:45 p.m.
At around 5:40 p.m., ML Dhiemal arrived at the Lamian Wharf in Bongao “where the passengers and its crew were served with hot food.”
The passengers and crew members were later turned over to the Bangsamoro Autonomous Region in Muslim Mindanao-Ministry of Social Services and Development “for their counseling, stress debriefing and later to be sent off to their respective families.”
NFWM commander Rear Adm. Donn Anthony Miraflor “reminded seafarers to ensure the seaworthiness of their vessels before their voyage to ensure the safety of their passengers,” the NFWM said.
2 environmental activists granted writ of amparo
BY Ashzel Hachero
THE Supreme Court has granted the writs of amparo and habeas data sought by environmental activists Jonila Castro and Jhed Tamano.
The High Court also ruled they are entitled to a temporary protection order.
In granting their petition, the High Court held that Castro and Tamano “were able to prove by substantial evidence the allegations in their petition meriting the protection of their freedoms through the writs of amparo and habeas data.”
A writ of amparo (a Spanish word that means protection) is a special writ to protect or enforce a constitutional right other than physical liberty while a writ of habeas data is a petition asking the court to compel the respondent to delete or destroy damaging information.
The SC, citing its ruling in the 2009 case of Razon Jr.v. Tagitis, held that the “fair and proper rule is to consider all the pieces of evidence adduced in their totality, and to consider any evidence otherwise inadmissible under usual rules to be admissible if it is consistent with the admissible evidence adduced.”
It held that the “the rules are reduced to the most basic test of reason, to the relevance of the evidence to the issue at hand and its consistency with all other pieces of adduced evidence.”
The High Court added that even hearsay testimony or circumstantial evidence can be admitted and appreciated if it satisfies this basic minimum test.
In the case of Castro and Tamano, the High Court said it found that the elements of enforced disappearance were present, specifically that petitioners were forcibly taken on September 2, 2023.
The SC also cited the effort of Castro’s mother, Rosielie, to locate her then missing daughter and coordinate with one Justin Gutierrez, a person who allegedly introduced himself to Rosielie as a member of the military, and with police authorities in Orion, Bataan.
Last month, Castro and Tamano asked the Department of Justice to reconsider its December 2023 resolution indicting them for grave oral defamation over their claim that they were abducted by security forces last year.
The National Task Force to End Local Communist Armed Conflict had claimed that the two surrendered to the Bulacan-based 70th Infantry Batallion. They also linked the two to the New Peoples’ Army (NPA), the armed wing of the Communist Party of the Philippines (CPP), a charge the communist movement has denied.
The NTF-ELCAC presented in September 2023 the two in a media briefing to debunk claims that they were forcibly abducted by security forces.
However, Castro and Tamano surprised the NTF-ELCAC when in the presence of the media, they insisted they were kidnapped by the military.
Graft case vs ex-Misamis Oriental vice
gov halted but no recall of hold order
BY Peter Tabingo
FORMER Misamis Oriental Vice Governor Jose Mari Pelaez has won a reprieve after the Sandiganbayan Sixth Division ordered proceedings in his graft cases suspended for 60 days to afford him a chance to refute the allegations leveled against him.
However, the anti-graft court denied his additional request to quash or recall the Hold Departure Order (HDO) issued against him on January 8, 2024.
In the resolution penned by Associate Justice Sarah Jane T. Fernandez, the Sandiganbayan held that the requirement of due process was not satisfied since the accused was not accorded a proper preliminary investigation, hence he is entitled to a reinvestigation of his cases.
Pelaez, in his motion filed on January 11, 2024, informed the court that he had no idea that he was already facing three counts of graft or that he was about to be arrested after the court declared that it had determined the existence of probable cause.
According to him, he came to know of the charges only because he applied for the required Sandiganbayan clearance last month as he was planning to seek an appointment to a government post.
He said he was stunned upon being informed that the charges were filed in court by the Office of the Ombudsman last year although he did not even receive any subpoena from the Office of the Deputy Ombudsman for Mindanao.
From backtracking, he learned that there was an order dated September 13, 2022 from the Ombudsman requiring him to file his answer to a pending complaint but copies were sent to the Office of the Vice Governor and to his address in Medine, Misamis Oriental.
Pelaez pointed out that he stepped down as vice governor on June 30, 2019 hence he did not receive the directive.
He also explained that he is no longer residing at his family’s ancestral home in Medina as his present residence is in Barangay Camaman-an, Cagayan de Oro City.
“The prosecution has not shown proof the accused received the said Joint Order dated September 13, 2022 and Resolution dated May 30, 2023. Hence, it appears that the accused was not given the opportunity to participate and explain his side during the preliminary investigation,” the court noted.
The accused said had he been given the chance to answer the allegations, the cases would have been dismissed and never made it to court as he can prove that imputations made against him are politically motivated.
In denying the quashal of the arrest warrant and the HDO, the court held that it had already found probable cause and the former vice governor had also posted his bail bond hence the matter is already moot.
The Sandiganbayan resolution did not provide details on the nature of the allegations against Pelaez but the docket number showed he is the lone defendant in all three cases.
DepEd action pressed on Makati request to retain Science HS
BY ASHZEL HACHERO
MAKATI Mayor Abigail Binay yesterday called on the Department of Education (DepEd) to resolve the issue of the management and administration of three public schools located in two Enlisted Men’s Barrio (EMBO) barangays now under the jurisdiction of Taguig City.
Binay said they are still waiting for the decision of DepEd on their appeal for the retention of the management and administration of the Makati Science High School in Cembo under the Schools Division Office-Makati City (DepEd Makati), and for the integration of Fort Bonifacio Elementary and Fort Bonifacio High School in West Rembo with the University of Makati.
“A favorable resolution from the Vice President will allow Makati to move forward with our plans for enhanced programs and services in the said schools. We have already explained at length the rationale supporting our stand to exclude them from the administrative transition, and we believe it is for the best interest of the students,” Binay said, adding they have conveyed the matter to the office of Vice President and DepEd Secretary Sara Duterte last year.
With the DepEd yet to decide on their request, Binay said the city government has put on hold its plans for the schools and their students, such as increasing the monthly stipend of Makati Science High School (MSHS) scholars to P3,000.
Previously, MSHS students received a P1,500 monthly stipend from the city government, in addition to free school uniforms and supplies it provides every school year to all public school students from preschool to senior high school.
“We have both the political will and the resources to continue providing the essential needs of our students, including complete school gear, school supplies, nutritious snacks, and modern learning tools and facilities, among others,” Binay said.
In her letter to Duterte dated August 29, 2023, the local chief executive underscored the importance of the city having its own science high school.
“Having our own Science High School is indispensable to providing students with excellent education that will empower them to achieve their dreams and take the lead in their respective fields. It bears noting that Taguig City already has its own Science High School which caters to the needs of its constituents,” the letter said.
The letter also pointed out that a school’s legacy, dedication, and historical significance can transcend geographical boundaries.
Binay cited as an example the Valeriano Estrella Fugoso Memorial High School in Barangay Parang, Marikina, which was named in honor of the 13th mayor of the City of Manila.
The school is currently under the administration and management of the city government of Manila.
In another letter dated August 31, 2023, Binay expressed the city’s intention to integrate the Fort Bonifacio Elementary School and Fort Bonifacio High School with UMak.
This is due to the fact that Umak, Binay said, is committed to pursuing the integration of the two schools as its Teacher Education Laboratory School.
“UMak’s bold initiative in piloting the Senior High School program in the Philippines in 2011 was part of initial strategic steps in fulfilling the plan to begin a Laboratory School. This paved the way for the establishment of the Higher School ng UMAK at the UMak campus, offering a full range of SHS Tracks to thousands of Grades 11 and 12 students,” Binay said.
Sought for comment, DepEd Undersecretary and Spokesperson Michael Poa said the department’s legal division is still reviewing Binay’s request.
“DepEd legal has been tasked to study the matter, along with the position papers of the parties concerned. We are waiting for the Legal Strand’s recommendation,” Poa said.
Last month, Duterte said Taguig and Makati have already agreed for the orderly transition of 14 schools located in the EMBO barangays whose jurisdiction was transferred to the former following a Supreme Court decision regarding their territorial squabble.
Duterte said Binay and Taguig Mayor Lani Cayetano signed a memorandum of agreement that paved the way for the “full transition of the public schools’ operations from Makati to Taguig beginning January 1, 2024.”
“In the said agreement, the Schools Division of Taguig-Pateros will now manage and operate the 14 schools,” Duterte said then.
The 14 schools are the Makati Science High School, Comembo Elementary School, Rizal Elementary School, Pembo Elementary School, Benigno “Ninoy” Aquino High School, Tibagan High School, Fort Bonifacio Elementary School, Fort Bonifacio High School, Pitogo Elementary School, Pitogo High School, Cembo Elementary School East and West Rembo Elementary Schools, and the South Cembo Elementary School.
The DepEd added that while there are still specific issues and appeals that will be left to the final determination of authorities, the transition has been “finally concluded through the collective resolve of the parties in ensuring the unhampered delivery of basic education services.”
Cebu Archdiocese issues ‘Lenten Challenge’ to faithful
BY GERARD NAVAL
TO encourage the faithful to make the most out of the Lenten Season, the Archdiocese of Cebu has launched the “Lenten Challenge” that will run from Ash Wednesday until Easter Sunday.
In a social media post, the Cebu Archdiocese released a calendar bearing a simple to-do list for every single day of the Lenten Season, from February 14 to March 31.
“As we slow down, reflect, and repent in this Season of Lent, let us also strive to grow more in faith, hope, and love as we finish this Lenten Challenge 2024,” said the Cebu Archdiocese.
“This Lenten Challenge suggests concrete yet simple actions to guide us in our prayer devotions, fasting and abstinence, and sharing of our gifts with others through almsgiving,” it added.
Among the challenges included are spending a few minutes for Bible reading, making someone smile, praying for a random person, lighting a candle at church, and going to confession.
It also provides daily prayer intention for the entirety of the Lenten Season, such as praying for enlightenment, gratitude, unity, and peace, among others.
According to the Cebu Archdiocese, the goal of the challenge is to have the faithful go beyond the usual religious traditions and popular practices during Lent.
“It is our way of encouraging the faithful, especially in Cebu, to make the most out of the Lenten celebrations – aside from the usual religious traditions and popular practices we have – as we journey together in our individual and synodal reflection, conversion, and renewal,” said the Cebu Archdiocese.
Last Wednesday, the Catholic faithful marked the start of the Lenten Season with the observance of Ash Wednesday, wherein people go to Mass and get marked with ashes.
The Lenten Season will end on March 31 when the faithful celebrate Easter Sunday or the resurrection of Jesus Christ.
CA affirms Bacoor court ruling convicting man
who stabbed dead bar patron refusing to sing
BY Ashzel Hachero
THE Court of Appeals has upheld the August 2022 decision of the Bacoor City Regional Trial Court convicting a man who stabbed dead another man who refused to sing in a videoke bar in General Mariano Alvarez, Cavite in September 2006.
In a decision promulgated last February 12, the appellate court’s Second Division junked the appeal of Juanito Chavez seeking the reversal of the RTC ruling convicting him in the killing of Rafael del Pilar.
In upholding the trial court’s ruling, the appellate court held that Chavez’s appeal was “bereft of merit.”
Records of the case showed that Del Pilar and Ablay went to a videoke bar to discuss a personal matter.
When Del Pilar approached the cashier to pay, another accused, Joselito Alcasar, asked him to sing, but he refused.
“Thereupon, accused Joselito Alcasar stood near Rafael Del Pilar while accused-appellant Juanito Chavez broke a bottle of Red Horse Beer and stabbed Rafael Del Pilar on the left side of his neck,” the court records said, adding that another companion of the accused, Marcelo Sevilla Jr., drew a knife and stabbed del Pilar on his right temple.
Sevilla has eluded authorities while Alcasar died of COVID-19 while the trial of the case was ongoing.
“Accused-appellant is hereby convicted of homicide and sentenced to suffer the penalty of imprisonment of 12 years of prison mayor, as the minimum period, to 17 years and four months of reclusion temporal, as the maximum period,” the CA added.
Chavez was “further ordered to indemnify the heirs of Rafael D. Del Pilar the following amounts: P50,000 as civil indemnity, P50,000 as moral damages, and P6,690 as actual damages.”
Parents urged to monitor children’s internet use
BY ASHZEL HACHERO
THE Department of Justice (DOJ) yesterday urged parents and guardians to monitor the internet use of their kids to prevent them from becoming victims to online sexual abuse and exploitation of children (OSAEC).
Justice Undersecretary Nicholas Felix Ty made the appeal during the “Bagong Pilipinas Ngayon” public forum.
Ty, who is the undersecretary-in-charge of the National Coordination Center Against Online Sexual Abuse or Exploitation of Children and Child Sexual Abuse or Exploitation Materials (NCC-OSAEC-CSAEM), said it important for parents and guardians to monitor the internet use of their kids amid the high number of OSAEC cases in the country.
“Sabi nga everything starts at home so napakahalaga talaga ng parental monitoring.Hindi natin dapat balewalain o i-take for granted ang mga peligro sa internet (As they say everything starts at home, so, parental monitoring is very important. We should not take for granted the dangers of the internet), “Ty said.
“So, we should implement parental controls as much as possible,” he added.
To recall, during the commemoration of the Safer Internet Day last Tuesday, Justice Secretary Jesus Crispin Remulla renewed his vow for an all-out war against online predators who preyed on children and young people.
“I reiterate our commitment of an all-out war against cyber predators who prey on the innocent, especially children, we are watching your every move,” Remulla said.
Last year, Remulla warned Internet Service Providers (ISPs) that if they refused to cooperate in tracking down sexual abusers, particularly of minors, the government may go after and sue them.
Remulla said that ISPs should perform their obligations under Republic Act 9775 or the Anti-Child Pornography Act of 2009 requiring them to install a software that will block access to or transmittal of any form of child pornography on the internet.
He said government efforts to fight human and sex trafficking is hampered by some social media platforms and applications who refuse or fail to cooperate with the authorities.
In 2022, the country’s Special Envoy to the United Nations Children’s Fund Nikki Teodoro said the Philippines has become “number one for child trafficking, and online pornography” after cases of child exploitation rose by over 280 percent.”
Army set to hold huge-scale drill next month
BY VICTOR REYES
ARMY chief Lt. Gen. Roy Galido yesterday said the Army is due hold a military exercise meant next month to boost its capability as it transitions to external defense operations.
In an interview at the Army headquarters in Fort Bonifacio, Galido said the exercise, “Combined Arms Training Exercise (CATEX) Katihan,” will focus on “shifting of forces to areas where they are needed.”
Galido said 4,000 to 5,000 soldiers will take part in the huge-scale exercise which will formally open on March 8. It will be held in Fort Magsaysay in Nueva Ecija and Camp O’Donnell in Tarlac.
Galido said troops from the Visayas and Mindanao are taking part in the exercise.
“This will test our capability to sustain the forces, especially in a conflict,” he said.
Army spokesman Col. Louie Dema-ala said the exercise will culminate on March 22 at Camp O’Donnell, coinciding with the celebration of the Army’s 127th foundation anniversary.
President Marcos Jr is scheduled to grace the culmination of the exercise and the Army anniversary celebration, said Dema-ala.
“The upcoming exercise, which bolsters the Army’s shift to territorial defense operations, will involve around 4,000 to 5,000 troops coming from Army units in the Visayas and Mindanao,” said Dema-ala.
Dema-ala said the exercise is mainly for territorial defense.
“We will check, we will test the current capability of Army in deploying large number of forces to respond (to a threat) ..Definitely, part of that is also territorial defense,” said Dema-ala.
Dema-ala said the Army will feature some of its latest assets, including self-propelled howitzers.
Dema-ala said a battalion of soldiers will also showcase their on airborne jump capability during the activity.
