Editors' Pick - RAPPLER https://www.rappler.com RAPPLER | Philippine & World News | Investigative Journalism | Data | Civic Engagement | Public Interest Sat, 17 Jun 2023 01:33:01 +0800 en-US hourly 1 https://www.altis-dxp.com/?v=5.9.5 https://www.rappler.com/tachyon/2022/11/cropped-Piano-Small.png?fit=32%2C32 Editors' Pick - RAPPLER https://www.rappler.com 32 32 NBA suspends Ja Morant for 25 games for gun video https://www.rappler.com/sports/nba/suspends-ja-morant-25-games-gun-video/ https://www.rappler.com/sports/nba/suspends-ja-morant-25-games-gun-video/#respond Fri, 16 Jun 2023 23:59:00 +0800 The NBA suspended Memphis Grizzlies star Ja Morant for 25 games without pay on Friday, June 16, for brandishing a handgun in a viral video for the second time.

The suspension for conduct detrimental to the league covers the first 25 games of the 2023-2024 regular season and includes conditions for reinstatement. 

He is ineligible to participate in any public league or team activities, including preseason games, during the course of his suspension.

“Ja Morant’s decision to once again wield a firearm on social media is alarming and disconcerting given his similar conduct in March for which he was already suspended eight games,” NBA commissioner Adam Silver said. 

“The potential for other young people to emulate Ja’s conduct is particularly concerning. Under these circumstances, we believe a suspension of 25 games is appropriate and makes clear that engaging in reckless and irresponsible behavior with guns will not be tolerated.

“For Ja, basketball needs to take a back seat at this time. Prior to his return to play, he will be required to formulate and fulfill a program with the league that directly addresses the circumstances that led him to repeat this destructive behavior.”

‘Sorry for failing you’

Morant took accountability for his actions last month and released another statement after the suspension was announced, apologizing to the NBA, the Grizzlies, and the city of Memphis.

“I’m sorry for the harm I’ve done. To the kids who look up to me, I’m sorry for failing you as a role model. I promise I’m going to be better,” Morant said in a statement. 

“To all of my sponsors, I’m going to be a better representation of our brands. And to all of my fans, I’m going to make it up to you, I promise.”

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Nike removes Ja Morant signature shoe from site, app

“I’m spending the off-season and my suspension continuing to work on my own mental health and decision making,” he said. “I’m also going to be training so that I’m ready to go when I can be back… I’m so sorry I won’t be out there with you (teammates) at the beginning of the season.”

“I hope you’ll give me the chance to prove to you over time I’m a better man that what I’ve been showing you,” Morant added.

$10-million suspension

The Grizzlies offered the following statement shortly after the suspension was announced:

“We respect the League’s decision to suspend Ja Morant following this latest episode. Our standards as a league and team are clear, and we expect that all team personnel will adhere to them.”

Based on his $33.5 million salary for 2023-2024, the suspension will cost Morant approximately $10.2 million.

The video, which was on Instagram Live, featured Morant waving a gun while sitting in the passenger’s seat of a car while listening to rap music. The clip was released on May 13, and the Grizzlies suspended the guard from all team activities the following day.

It was the second time in three months that Morant was caught with a firearm on social media. He previously was suspended eight games and sought counseling after a March 4 incident in which he filmed himself holding a gun at a Denver strip club following a 113-97 loss to the Nuggets.

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Police check on Ja Morant after ‘bye’ post

Ahead of Game 1 of the NBA Finals, Silver said the “history of prior acts” and “the individual player’s history” would be taken into account when the league made its decision on Morant’s punishment.

Morant, 23, is coming off his fourth season with Memphis after the Grizzlies selected him with the second overall pick in the 2019 draft. 

A two-time All-Star, Morant averaged 26.2 points, 5.9 rebounds, and 8.1 assists in 61 games (59 starts) in 2022-2023. – Rappler.com

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https://www.rappler.com/sports/nba/suspends-ja-morant-25-games-gun-video/feed/ 0 NBA: Playoffs-Memphis Grizzlies at Los Angeles Lakers CONTROVERSIAL. Grizzlies guard Ja Morant figures in another off-court trouble. NBA: Memphis Grizzlies at Atlanta Hawks ON A ROLL. Ja Morant and the Grizzlies extend their hot run. https://www.rappler.com/tachyon/2023/03/reuters-ja-morant-march-2-2023-scaled.jpg
Finnegan, Kvamme join Yulo in World Gymnastics Championships https://www.rappler.com/sports/results-aleah-finnegan-kylee-kvamme-all-around-asian-artistic-gymnastics-championships-june-16-2023/ https://www.rappler.com/sports/results-aleah-finnegan-kylee-kvamme-all-around-asian-artistic-gymnastics-championships-june-16-2023/#respond Fri, 16 Jun 2023 22:46:30 +0800 MANILA, Philippines – Two more Filipinos will vie for Paris Olympics berths in the World Artistic Gymnastics Championships.

Aleah Finnegan and Kylee Kvamme will join Carlos Yulo in the global showdown set in Antwerp, Belgium in September after making the cut in the Asian Artistic Gymnastics Championships in Singapore on Friday, June 16.

Finnegan finished seventh in the women’s individual all-around with a total of 50.399 points and advanced to the apparatus finals of the vault, balance beam, and floor exercise.

The reigning Southeast Asian Games vault champion, Finnegan emerged as the second-best qualifier in the apparatus after earning an average of 13.533 points, just behind Korea’s Yeo Seojeong, who normed 13.683 points.

Finnegan then ranked seventh in balance beam with 12.833 points and netted 12.933 points for eighth place in floor exercise, where compatriot Emma Malabuyo also clinched a final berth after placing fifth with 13.033 points.

The top eight gymnasts in each apparatus (a maximum of two per federation) will advance to the finals.

Meanwhile, Kvamme caught the bus to the world championships after garnering 48.765 points for 14th place in the individual all-around.

Since there were seven higher-ranked gymnasts (three from China and two each from Korea and Chinese Taipei) who qualified for the worlds through the team event, Kvamme made the cut as one of the next-best eight gymnasts.

China bagged the team all-around gold with 163.529 points, while Korea (160.095) and Chinese Taipei (147.397) settled for silver and bronze, respectively.

The Philippines – also composed of Lucia Gutierrez and Ancilla Lucia Mari Manzano – wound up at fifth place after posting 145.096 points.

Yulo looks to produce a pair of gold medals on Saturday as he competes in the men’s floor exercise and rings finals, while Finnegan eyes the women’s vault crown.

Also set on Saturday is the women’s floor exercise final, with Finnegan and Malabuyo seeking decent finishes. – Rappler.com

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Group challenges legality of new Bangsamoro election code before SC https://www.rappler.com/nation/mindanao/group-challenges-legality-new-bangsamoro-election-code-supreme-court/ https://www.rappler.com/nation/mindanao/group-challenges-legality-new-bangsamoro-election-code-supreme-court/#respond Fri, 16 Jun 2023 20:34:49 +0800 GENERAL SANTOS, Philippines – A group of local officials and other stakeholders in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) went to the Supreme Court (SC) on Wednesday, June 14, to question the constitutionality of the special Muslim-majority region’s new election code.

The petitioners accused BARMM interim Chief Minister Ahod “Al Haj Murad” Ebrahim of grave abuse of discretion, and the Moro Islamic Liberation Front-dominated Bangsamoro Transition Authority (BTA) of going beyond its jurisdiction when it approved the Bangsamoro Autonomy Act No. 35, otherwise known as the Bangsamoro Electoral Code.

They said the region’s new law was an encroachment on the functions of the Commission on Elections (Comelec) and the SC itself, and would adversely affect the welfare and interest of political parties, voters, and taxpayers in BARMM.

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Bangsamoro parliament approves electoral code

Bangsamoro parliament approves electoral code

The petitioners include the following: 

  • Dimnatang Pansar
  • Abdul Rashid Balindong
  • Shariefuddin Lucman
  • Aleem Alibasher Abdullatif
  • Jamil Paisal Adiong
  • Rafnanjani Pendatun Ali
  • Mohajeran Balayman
  • Najia Pescadera
  • Sharif Jul Asiri Abirin
  • Abdul Muhaimin Abuhara
  • Mohammad Salmann Sakili
  • Sarid Hataman
  • Harisul Samanul
  • Sukarno Asri
  • Mohammad Yusof Tidal

The newly-formed Bangsamoro Governors Caucus (BGC) backed the petition that was submitted to the High Tribunal by lawyers Romulo Macalintal, Antonio Carlos Bautista, and Christopher Rodriguez.

The 64-page petition, which represents several local government officials, civil society, traders, and political leaders in the BARMM, sought an SC ruling to declare the regional law null and void.

The petitioners also asked the SC to issue a status quo ante order or a temporary restraining order against the implementation of the new law.

A status quo ante order is meant to restore a situation to how it was before a particular event or dispute – in this case before the law’s passage – until a final decision is reached.

The electoral code was enacted by the BARMM’s interim parliament on March 8 and took effect on May 17.

The petitioners asked the high court to immediately take action on the matter in light of the forthcoming political exercises in the country.

Speaking for the BGC, Lanao del Sur Governor Mamintal Adiong Jr. said the majority of the BARMM’s provincial governors support the petition but denied they meant to undermine the current leadership in the autonomous region.

“The move in seeking the intervention of the Supreme Court is to validate the constitutionality and legality of regional laws which will help strengthen the rule of law in the Bangsamoro region. We just want to put things in proper order as these may affect the future of the region,” Adiong said.

The BGC, organized in Cagayan de Oro earlier this month, is composed of governors Abdusakur Tan of Sulu, Mariam Sangki-Mangudadatu of Maguindanao del Sur, Ysmael Sali of Tawi-Tawi, and Hadjiman Hataman-Salliman of Basilan.

In December 2022, the five governors first questioned some provisions of the then-draft election code such as the powers bestowed on the then-proposed Bangsamoro Election Office (BEO), which they said surpassed the powers of the Comelec.

The petition also cited a provision in the BARMM’s new election law, which provided strict rules on the use of campaign funds, and partisan activities. 

In February, a month before the BTA approved the controversial code, a group of election experts and representatives of election watchdogs, warned that some provisions in the then-proposed law conflicted with the 1987 Constitution.

They suggested revisions in the then proposal, which is now the basis for the conduct of the elections in the BARMM. The region is scheduled to hold its first regional elections in 2025, two years after the barangay and youth elections set this October.

“The legislation of the electoral code must be pursued within the framework of the Constitution and national laws. Following the hierarchy of laws, the electoral code must be consistent, adherent, and compliant with the Constitution, national laws, and international law standards,” read part of their position paper early this year.

They questioned the provisions about an electoral tribunal, registration of political parties, the budget, and the powers of a regional electoral office to list and delist voters.

The experts had recommended the removal of the provision granting the Bangsamoro parliament’s electoral tribunal exclusive jurisdiction over election disputes, arguing that the Comelec should have sole authority instead. 

Instead, they had proposed empowering the BEO to conduct recounts, oversee hearings, and make recommendations to the Comelec on petition decisions.

They had also recommended the removal of a provision granting exclusive jurisdiction to a regional electoral tribunal to handle election disputes, arguing that the Constitution has mandated the Comelec to perform such a task. 

They had proposed empowering the electoral office to conduct recounts, oversee hearings, and provide recommendations to the Comelec regarding petition decisions instead.

Concerns had also been raised about a provision in the then-draft code granting the Bangsamoro Electoral Commission the authority to approve the registration and dissolution of political parties, citing potential constitutional issues. 

The experts had recommended treating the office as the reception and screening committee for party registrations under the supervision of the Comelec. They said it should have limited powers over party dissolution petitions that require final approval or reversal by the Comelec.

Experts had called for the removal of a provision in the proposed code that grants the BEO the authority to investigate voter list anomalies and delist voters, as they argued that such matters should be decided by courts, not the BEO. 

They pointed out that courts already have exclusive jurisdiction over voter list cases in their respective areas. 

The group of experts had also recommended revising the code’s budget provision to ensure any supplemental budget for the BEO goes through the Comelec first, as it potentially conflicts with the Comelec’s status as an independent constitutional commission.

The experts who came up with the position paper included former elections commissioner Luie Guia, former justice secretary Al Agra, former interior undersecretary Jonathan Malaya, former interior chief Anwar Malang of the now-defunct Autonomous Region in Muslim Mindanao (ARMM), and former Masbate governor Vicente Homer Revi, among others. – Rappler.com

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https://www.rappler.com/nation/mindanao/group-challenges-legality-new-bangsamoro-election-code-supreme-court/feed/ 0 Barmm parliament IN SESSION. Members of the Bangsamoro parliament during a session. https://www.rappler.com/tachyon/2023/05/barmm-parliamentarians-BTA-photo.jpg
[ANALYSIS] Maharlika: Vehicle for growth or corruption? https://www.rappler.com/voices/thought-leaders/analysis-maharlika-vehicle-for-growth-or-corruption/ https://www.rappler.com/voices/thought-leaders/analysis-maharlika-vehicle-for-growth-or-corruption/#respond Fri, 16 Jun 2023 15:30:00 +0800 A lot of people are waiting with bated breath for President Ferdinand Marcos Jr.’s next actions regarding his pet project, the Maharlika Investment Fund.

More than two weeks have passed since both houses of Congress passed the final version of the Maharlika bill. But until now, it has not been sent to the President yet, ostensibly due to last-minute corrections that are, by themselves, proving quite controversial. (To what extent can congressional staff still edit the bill without flouting legislative processes and stepping on the powers of lawmakers?)

Meanwhile, apparently in response to the discussion paper penned by UP School of Economics faculty members (myself included), Marcos Jr.’s economic team came out on June 13 with a new, short statement affirming their support for Maharlika, calling it a “necessary” “vehicle for growth.”

But instead of being a point-by-point answer to the issues raised in the UPSE paper, the new statement is more of a reiteration of the support of the economic managers, using assertions that are not really data- or evidence-based. 

Let us examine their statements here.

Afterthought

In the UPSE paper, we said that the MIF bill has “amorphous developmental goals and speaks of development only in the broadest possible terms.” Also, “it does not even make any reference to the Philippine Development Plan (PDP) 2023-2028.”

In reply, the economic managers said that Maharlika “operationalizes” the PDP, citing a part of the document that says the government will “diversify and explore alternative sources of financing,” and that “new instrument formats will also be explored to reach new markets and investors.”

The PDP doesn’t even mention anything about a sovereign wealth fund. If Maharlika were truly necessary, one would think it should be embedded in the PDP itself, which is the development plan that the government ought to follow from 2023 to 2028. 

Instead, Maharlika seems to be an afterthought.

The economic managers also claimed that MIF is “aligned” with the 2022-2028 Medium-Term Fiscal Framework (MTFF). But the MTFF mentions nothing about Maharlika – a pretty big omission considering the huge impact Maharlika will have on the public coffers, as well as the risks it will pose on the government’s deficit and debt. 

For instance, the government wishes to reduce the debt-to-GDP ratio from 61.8% in 2022 to 51.1% in 2028. But does this projection already include the possible macroeconomic impacts of Maharlika? Who knows? Again, Maharlika is an afterthought here.

Identity crisis

The UPSE paper also explained that Maharlika has “confused goals” because, in the first place, it does not know if it’s a sovereign wealth fund in the traditional sense (which seeks only financial returns) or a strategic investment fund (which seeks both financial as well as economic returns).

The economic managers replied that, “The objectives [of Maharlika] are clear: to invest funds that are available in government instrumentalities and utilize them for investment purposes on the basis of their individual mandates.” 

But the objectives aren’t clear. Maharlika will “invest funds” and “utilize them for investment purposes.” What does that mean? 

They also cited a World Bank publication (“Strategic Investment Funds: Establishment and Operations” by Shanthi Divakaran et al. 2022), specifically this passage: “Unlike public capital Specialized Investments Funds (SIFs), mixed capital SIFs are typically insulated from macrofiscal interdependence, especially when their anchor is a quasi-sovereign entity, because they are not considered part of the sovereign balance sheet and are usually not directly responsible for economic policy.”

So is Maharlika now a “mixed capital strategic investment fund,” and not a sovereign wealth fund? What is it, really? (Note that this is the first time they cited the relevant World Bank publication, after we mentioned it several times in the UPSE paper.)

Wishful thinking

The economic managers also said that, “The purpose of the MIC’s investments is to generate high returns so that national wealth is expanded and profitable socio-economic projects are financed and implemented.” 

So will Maharlika invest first in financial instruments, wait for returns (possibly after many years), and use earnings to invest in economic projects like infrastructure? Or will it invest in infrastructure from the get-go? 

Later in their statement, they attempted to clarify: “In principle, even if the MIC initially focuses on capital market investments which emphasize financial returns, this still has a tangible benefit through generation of financial income to the National Government which would ultimately redound to the benefit of the nation’s future socio-economic agenda.” 

But when might Maharlika earn from its financial investments: 5 or 8 years from now? Possibly near the end of the term of the President? And how large will be the returns? When will those be translated into tangible, useful public projects? 

The economic managers reiterated in their statement that “the expected return of Maharlika is estimated to be around 8.6% on average,” supposedly higher than the 10-year average return from Land Bank’s investments (4.23%) and the Development Bank of the Philippines’ investments (3.59%). 

Till now, the 8.6% return on Maharlika is just wishful thinking. Where did this magical figure come from? Nobody really knows.

Redundant

The UPSE paper also pointed out that Maharlika’s proponents failed to prove its “additionality” or value-added vis-à-vis other financing schemes and existing agencies of government. 

In their rebuttal, the economic managers merely asserted that Maharlika “does not overlap with the mandate of the [National Development Corporation]” – without any elaboration whatsoever.

They added that Maharlika “reduces heavy reliance on local funds and development assistance as the main financing mechanisms for infrastructure projects. By providing an alternative source to public infrastructure spending, there would be a bigger budgetary allowance for other priority expenditures.”

But until now they haven’t proven that infrastructure and other developmental projects will proceed faster and more efficiently with Maharlika than with, say, public-private partnerships or concessional loans. 

Incidentally, on June 14, the President certified as urgent a bill that will strengthen PPPs. If this can be done, what’s the point of Maharlika?

Also, the Palace is quite proud of the fact that President Marcos was able to get P3.48 trillion worth of investment pledges from his multiple foreign trips. Why not just work to follow up all those pledges? Or is that number just for show?

Threat to public coffers

The UPSE paper said that the preoccupation with Maharlika has “diverted attention from more vital and urgent national agenda,” including the reform of the military and uniformed personnel (MUP) pension system

In reply, the economic managers said MUP pension reform and Maharlika both “symbolize the Administration’s recognition that nations should begin finding ways to gradually close the gap in the budget deficit, and reflect the concerted efforts to promote continued fiscal sustainability.”

But will Maharlika indeed close the gap in the budget deficit and promote fiscal sustainability? There’s no assurance at all. In fact, it poses huge risks to the public coffers by endangering the health of state-owned banks and even the integrity of the Bangko Sentral ng Pilipinas (BSP).

The economic managers said that “The public can remain confident in the stability of the LBP and the DBP even given their investment in the MIC. Limitations have also been established, i.e. investments should not exceed 25% of their net worth.” 

But forcibly taking P75 billion of seed capital from these banks already endangers these banks’ capitalization and financial health, as pointed out by UP Los Baños economics senior lecturer Enrico Villanueva.

The lack of Maharlika’s bankruptcy provisions also means that the government will implicitly shoulder any losses from, say, risky investments. This will not “improve the country’s fiscal resilience” – as claimed by the economic managers.

Maharlika also stands to eat away budget allocations from education, health, etc. by taking P50 billion directly from the Treasury as seed capital – more so if the government ends up shouldering Maharlika’s losses later on. 

The economic managers tried to allay fears by saying that “the founding GFIs, the National Government, and the BSP were consulted on their financial viability to support the capitalization of the MIC in its initial years.”

However, this is no assurance at all that the heads of these agencies are acting in the public’s best interest. 

According to Senator Risa Hontiveros, Government Service Insurance System (GSIS) President Wick Veloso is allegedly the mastermind behind Maharlika, the one who pitched this to President Marcos Jr. in the first place. Meanwhile, the use of BSP’s declared dividends for Maharlika will invariably delay the BSP’s own capital-raising efforts.

Little to no safeguards

The economic managers assert that the Maharlika bill “imposes enough safeguards to minimize risks” and cited some provisions like putative adherence to the Santiago Principles, the risk management committee, and accountability, transparency, and oversight measures. 

On the contrary, fatal flaws and omissions in the bill betray the fact that safeguards are sorely lacking. 

For example, how can Maharlika abide by the Santiago Principles if the Board of the Maharlika Investment Corporation is not insulated from political interference (note: all its members are presidential appointees)? 

How can accountability be ensured if the politically susceptible Board is overpowered (having the authority to oversee Maharliks’ investment processes, asset allocation, monitoring, and even risk management)? 

How can accountability be ensured if there are there are no repercussions for bad investment decisions, and if oversight is relegated to the Advisory Body (which also comprises presidential appointees) and Congress (most members of which also tend to be allied to the President)?

The economic managers mentioned that another safeguard is the Senate provision “absolutely prohibiting pension and social funds from contributing to the MIC and MIF.” 

But note that this is more of an afterthought. Recall that the original bill intended to rope in pension funds from the GSIS and the Social Security System or SSS.

Also, even Finance Secretary Benjamin Diokno himself said that GSIS and SSS can still choose to “subscribe” to Maharlika’s projects. So they’re not totally off the hook. The President also broached this possibility: “If the pension fund decides the Maharlika Fund is a good investment, it’s up to them if they want to invest in it.”

Mere assertions

Many of the economic managers’ counterarguments are just assertions.

For instance, the UPSE paper said that Maharlika “violates fundamental principles of economics and finance and poses serious risks to the economy and the public sector.” 

The economic managers replied that, “The legal framework provided by Senate Bill No. 2020…follows fundamental principles of economic policy and financial market participation in favor of and for the ultimate benefit of the Philippine economy and the Filipino people.” How exactly? There’s no elaboration.

Finally, the economic managers said, “The MIF is not only beneficial but necessary at this point in time… It is an ideal vehicle and well-positioned to bring in investments as the Philippine economic outlook remains robust amid the global economic slowdown.”

“Necessary,” “ideal,” and “well-positioned” are strong words, especially since they still haven’t proven the additionality or value-added of Maharlika. The global economic environment is not so promising either.

Most importantly, the extremely poor governance structure of Maharlika means that instead of being a “vehicle of growth,” as repeatedly touted by the economic managers, the fund could very well be a “vehicle for corruption.” 

Just look at what happened to Malaysia’s 1MDB, from which at least $4.5 billion was embezzled and channeled through shell companies and offshore accounts.

What’s the surname again of the former president who infamously used shell companies and offshore accounts to spirit away several billions of dollars of ill-gotten wealth? – Rappler.com

JC Punongbayan, PhD is an assistant professor at the UP School of Economics and the author of False Nostalgia: The Marcos “Golden Age” Myths and How to Debunk Them. JC’s views are independent of his affiliations. Follow him on Twitter (@jcpunongbayan) and Usapang Econ Podcast

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Davao police rule out terrorist attack in lawyer’s car explosion  https://www.rappler.com/nation/mindanao/davao-police-rule-out-terrorist-attack-car-explosion-june-15-2023/ https://www.rappler.com/nation/mindanao/davao-police-rule-out-terrorist-attack-car-explosion-june-15-2023/#respond Fri, 16 Jun 2023 15:02:53 +0800 DAVAO CITY, Philippines – Police authorities have dismissed any connection between a car explosion in Davao City on Thursday morning, June 15, and terrorism.

“Our view on this is that it was merely an act of harassment. It wasn’t [an act of terrorism] because the explosive device was planted at the back of the car,” said Colonel Alberto Lupaz, the chief of the Davao City Police Office (DCPO).

A lawyer’s Honda CRV parked outside a law office at One Oasis Condominium Ecoland exploded within five minutes after the two persons left an object under the vehicle. 

The police obtained CCTV footage and described the suspects as being in their twenties.

The car’s rear windshield was damaged, but no one was hurt.

Lawyer Alberto Magulta, the owner of the car, reportedly received threats due to”high-profile cases” he has been handling in the Soccsksargen region.

The case remains under investigation. The DCPO’s crime scene investigators have started collecting fragments to determine the type of improvised explosive device used in the bombing.

Lupaz said the explosion prompted the police to make security adjustments, especially since the bomb attack was made in broad daylight.

Meanwhile, Task Force Davao head Colonel Darren Cornia said they have tightened security in the city and set up more checkpoints at the city borders.

“TF-Davao plans to strengthen the city’s culture of security,” Cornia said. – Rappler.com

Lucelle Bonzo is an Aries Rufo Journalism fellow.

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Judge handling De Lima’s remaining drug charge inhibits from case https://www.rappler.com/nation/muntinlupa-judge-handling-leila-de-lima-remaining-drug-charge-inhibits-case/ https://www.rappler.com/nation/muntinlupa-judge-handling-leila-de-lima-remaining-drug-charge-inhibits-case/#respond Fri, 16 Jun 2023 12:54:38 +0800 MANILA, Philippines – The Muntinlupa judge handling former senator Leila de Lima’s remaining drug case voluntarily inhibited himself from the case in an order made public on Friday, June 16.

“WHEREFORE, premises considered, the instant motions are hereby GRANTED, and the undersigned Presiding Judge voluntarily inhibits himself from further hearing this case,” read the order of Muntinlupa City Regional Trial Court (RTC) Branch 256 Presiding Judge Romeo Buenaventura.

Inhibiting himself from the remaining drug charge means Judge Buenaventura will stop handling the case.

In his order, the presiding judge said the records of the case shall be transmitted to Muntinlupa City Executive Judge for re-raffle. This means the case would be transferred to ther Muntinlupa City RTC branch for the continuation of the trial.

On June 13, Joenel Sanchez, Ronnie Dayan, and Franklin Jesus Bucayu, De Lima’s co-accused in their pending drug charge, filed three separate motions to inhibit.

Sanchez said in his motion that “several news surfaced that the Honorable Presiding judge is the brother of Atty. [Emmanuel] S. Buenaventura.” He added that, Emmanuel Buenaventura was the one “who assisted Accused Dayan in the execution of his affidavit, which was later, testified to by accused Dayan to be coerced.”

De Lima’s co-accused added that the judge’s sibling also served as a legal adviser to the late lawmaker Reynaldo Umali, who headed the House committee on justice. The said House panel conducted hearings in October 2016, where Sanchez had been subpoenaed to testify.

Judge’s explanation

In his order, Judge Buenaventura explained that in Cabañero vs. Cañon, the Supreme Court laid down the following elements in disqualifying a judge in a case: 

  • There must be adequate evidence to prove the claim
  • It must be shown that the judge had an interest, personal or not, in the case
  • “The bias and prejudice must have stemmed from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case”.

However, none of these elements is present in the case, Buenaventura said.

The presiding judge said, the fact that lawyer Emmanuel is his brother is not sufficient to prove that he “acted with malice, bad faith, and partiality in conducting the proceedings in this case, more so in denying the accused’s petitions and motions for bail.” 

Judge Buenaventura said it was beyond his personal knowledge, as the accused claimed, that his brother was a former counsel to Dayan, who assisted the latter in executing his affidavit.

The judge added that the information about his brother supposedly working for the late former lawmaker Umali was also beyond his personal knowledge. 

“At this juncture, the Presiding Judge maintains that, as dispenser of justice, he has conducted himself with the cold impartiality of an impartial judge, and no one had swayed his judgment and conduct in adjudicating the instant case,” he said. 

However, even though he was, as he claimed, impartial and objective in handling the case, Judge Buenaventura said he recognizes that his actions, regardless of how judiciously made, are vulnerable to claims of bias and partiality.

Buenaventura added that he inhibited himself to preserve “the ideal of cold and impartial dispensation of justice by the Court.”

“For this reason, the undersigned Presiding Judge will exercise his discretion and will recuse himself from further hearing this case not because the allegations are true, but because it is his avowed duty as member of the Bench to promote confidence in the judicial system,” the judge added.

New motion

In a statement released on Friday afternoon, De Lima’s lawyers said they welcomed Buenaventura’s voluntary inhibition but added they were saddened by the judge’s failure to disclose his relationship with his brother. 

The lawyers said they hoped that the case would be immediately raffled to a new judge. They also hoped for a timely intervention from the Supreme Court “maintaining its instruction to the new presiding judge to finish the case within 9 months.” 

The De Lima camp plans to file a motion for reconsideration with the new judge to ask that De Lima’s bail denial be reconsidered. 

“Admittedly, the inhibition of Judge Buenaventura and the transfer of this case to another judge will cause a bit of a delay, but our client is steadfast in her resolve that her vindication is near,” the lawyers said. 

They added: “She continues to believe that truth and justice will prevail and that her vindication from these trumped-up charges will come ‘very very soon.’ In her own words, ‘Walang expiration ang pag-labas ng katotohanan’ (truth has no expiration).” – Rappler.com

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Egyptian child terrorist, Indonesian surrender to military in Sulu https://www.rappler.com/nation/mindanao/egyptian-child-terrorist-indonesian-abu-sayyaf-surrender-military-sulu-june-14-2023/ https://www.rappler.com/nation/mindanao/egyptian-child-terrorist-indonesian-abu-sayyaf-surrender-military-sulu-june-14-2023/#respond Fri, 16 Jun 2023 12:43:35 +0800 ILIGAN, Philippines – A 13-year-old Egyptian terrorist turned himself in to the military in Sulu province on Wednesday afternoon, June 14, years after being orphaned due to extremism. He surrendered alongside a 27-year-old Indonesian who had become a terrorist at the age of 15.

According to the military, the Egyptian boy had been a member of the notorious Abu Sayyaf, an extremist organization linked to international terrorist networks such as Al-Qaeda and the Islamic State of Iraq and Syria (ISIS). The group is known for its extremist ideology and involvement in criminal activities including kidnappings, bombings, and attacks, primarily in the Sulu archipelago and Basilan.

Lieutenant General Roy Galido, commander of the Western Mindanao Command (Wesmincom), said the surrender of the young foreigners indicated progress in the government’s campaign against extremism, particularly targeting the Abu Sayyaf in Sulu and Basilan.

Major Andrew Linao, the spokesman for Wesmincom, said the Egyptian and Indonesian surrendered to the Army’s 1103rd Infantry Brigade at around 2:30 pm on Wednesday. They had been listed by the military as priority targets.

Linao said the boy’s family had brought him to Sulu in 2017. He was accompanied then by his stepfather, mother, and two elder brothers who had entered the country as tourists via Manila.

The boy informed the military that his entire family joined the Abu Sayyaf in Basilan that same year, and they relocated to Sulu the following year to join the late ASG leader Hatib Hajan Sawadjaan.

Sawadjaan, a preacher who served as emir of ISIS in the Philippines, died a few days after sustaining wounds during a fierce encounter with government troops in Patikul, Sulu, in 2020.

According to the military, the boy’s mother, Reda Mohammad Mahmud, carried out a suicide bombing attack on a military checkpoint in Barangay Kajatian, Indanan, Sulu, on September 8, 2019.

His stepfather, Abduramil, and brother Abdurahman were killed in a clash with government troops in Barangay Kan Islam, Indanan, Sulu, on November 7, 2019.

His other brother, Yusof, was killed in an encounter with government troops in Igasan, Patikul, Sulu, on April 17, 2021.

The military said the Egyptian boy had engaged in armed confrontations in Sulu since the age of 10, sustaining injuries to his head and right forearm.

The boy, speaking in the Tausug dialect, expressed resentment towards his mother and brothers for involving him in terrorism when he surrendered, Linao said.

The child said his family had misled him, making him believe that their trip to the Philippines was simply for vacation purposes.

Together with the 27-year-old Ellam, a former sub-leader of the Abu Sayyaf in Sulu who took orders from the late Radullan Sahiron, the boy surrendered with their M16 rifle and M16A1 rifles, as well as ammunition.

They are currently undergoing debriefing and were presented to Colonel Christopher Tampus, commander of the 1103rd Infantry Brigade, at Camp Bud Datu in Tagbak, Indanan town, Sulu.

Major General Ignatius Patrimonio, commander of Joint Task Force Sulu, attributed the surrender to increased pressure on the Abu Sayyaf resulting from intensified intelligence operations by the military in Sulu and enhanced collaboration among local leaders and stakeholders in Indanan town in the fight against the terrorist organization.

Wives and a young widow

Meanwhile, police and soldiers arrested the wives of an Abu Sayyaf sub-leader and a young widow in Basilan on Thursday night, June 15.

Colonel Frederick Sales, the commander of Joint Task Force Basilan, identified the women as Marilyn Lasigan Bayali, also known as Nuray Fernandez, Madarang Jahirul Bayali, also known as Rashmiya Ordonez, and a 20-year-old named Nurmina Janatul, also known as Anisa.

Marilyn and Madarang, both in their 40s, are married to Pasil Bayali, a sub-leader of the Abu Sayyaf Group.

According to Major Linao, the women were apprehended during a search conducted by authorities at a residence in the village of Lower Lanote in Isabela City, Basilan. The search was based on a warrant issued for their violation of laws pertaining to the illegal possession of firearms and ammunition.

Linao said the house belonged to Julhaur Lasigan Bayali, an alleged ASG member under Pasil.

During the search, authorities found an M16A1 rifle, an 81 mm mortar, blasting caps, and other materials used in the production of improvised explosive devices, along with additional ammunition. – Rappler.com

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‘Extraction 2’ review: Filled with adrenaline, empty of emotion https://www.rappler.com/entertainment/movies/extraction-2-review-filled-adrenaline-empty-emotion/ https://www.rappler.com/entertainment/movies/extraction-2-review-filled-adrenaline-empty-emotion/#respond Fri, 16 Jun 2023 11:54:00 +0800 In the Marvel Cinematic Universe, Chris Hemsworth is a Norse god, pulsating with vitality, perpetually half-naked, his arms like massive cannons contrasted only by his dry, out-of-this-world humor. When he travels across space and time, battling the kind of monsters that can only be generated by computers or the imagination, the audience is aware there is no true danger. He has to be alive for the next installment, right? The exhilaration comes not from any real threat, but from seeing the play and spectacle, inviting adults into a intergalactic cinematic playground.

Extraction is the opposite, and goes against Hemsworth’s onscreen persona. Directed by Sam Hargrave and written by Joe and Anthony Russo, the 2020 film introduces Hemsworth as Tyler Rake, a black ops mercenary who, after abandoning his son dying of lymphoma, attempts to rectify his actions by saving the son of another. Here, the excitement is in the probability of death and the action, rip-roaring across Dhaka and Mumbai, is so committed to realism that it produces cuts on Hemsworth’s face and injuries on his body. So when the first film concludes with his neck shot and his body falling into the depths of a river, it subverts the decade-long image of invulnerability and immortality constructed by Marvel. Here, he is no god. He’s a human. He limps. He bleeds. He drowns. He is dead.

Extraction was created without a sequel in mind. But after its sudden success, in part due to the daring 12-minute long take that made pandemic-addled adrenaline junkies swoon, Netflix had to make a follow up. Without meaning to, writer Joe Russo and director Sam Hargrave turned Hemsworth’s plunge into murky waters into a baptism, turning him into yet another god, just in a different universe with a different name.

Such is the trade of a modern action star, and Extraction 2 begins with this rebirth. Tyler Rake is fished out of the river, and after being comatose in a hospital in Dubai, is able to make a speedy recovery through physical therapy, his arm cast being one of the few reminders of his brush with death. Nik Kahn (Golshifteh Farahani) and her brother Yaz (Adam Bessa) take Tyler to a remote cabin where he is to retire and, for a while, he acclimates to domesticity. All of this happens within the first 15 minutes.

But then a nameless agent — of course it has to be Idris Elba — arrives with a mission he cannot refuse. One from his ex-wife. Rake’s life begins to unspool for the audiences. Flashbacks of his son enter into frame more frequently. In the hopes of exorcizing this ghost from his mind, he goes to Georgia to rescue his ex-wife’s sister and two children who are trapped in a maximum security jail. But things go wrong and the destinies of all three families — Rake’s, Nik’s, and the Georgian mob boss’ — become intertwined through gunfire and blood.

If anything, Extraction 2 ups the spectacle from its predecessor. The centerpiece is an expanded 21-minute singular take that transports its audience from a maximum security prison to a moving train without any cuts perceivable to the untrained eye. Hargrave, known for his stunt work in the Marvel Cinematic Universe and more, takes every possible opportunity to milk the action. A teddy bear makes the noise that alerts everyone to the break-in. The riots spread out of the cells and onto the courtyard. Hemsworth, pushing through hundreds of extras, is lit on fire with a molotov cocktail. He is punched, stabbed, and manhandled. Bullets rain on him as he traverses a high-speed train and subzero temperatures.

The camera shakes, in hopes of emphasizing the disarray. Like its predecessor, Extraction 2 films in real locations, exchanging the comfort of green screens for the grit and harsh climate that locations in the Czech Republic and Vienna can imbue the work. But while there is risk in the creation of the action, so little of that risk can be felt for its characters. The audience is acutely aware of Hemsworth’s plot immunity and this cushions the blow of each stunt, reducing the impact of the work. It isn’t as absurd as The Fast and Furious franchise, but it isn’t as enjoyable in its sheer bombast and camp, either.

The truth is that while Extraction 2 is a physical spectacle, so little of that is translated onto film, because there’s too little of a character journey to latch onto emotionally. In a press conference earlier this month, Hemsworth detailed how exploring the interiority of Rake’s character was a priority in the creation of the sequel and Russo’s attempts at providing him with a backstory — a grief-stricken wife, loving friends who function as bosses, even the ability to speak Georgian — register more as a crutch than characterization. The cold environment was meant to match Rake’s tough exterior, but his iciness doesn’t melt nor does Russo and Hargrave seem interested in making him vulnerable.

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Such are the rules that bind male action stars. Farahani is a more captivating performer because of her vulnerability. Her concern and worry is noticeable not only in her bodily movements, but her eyes and voice. Flashes of worry, of fury, of emptiness flit in and out of her eyes and her voice solidifies when needed and trembles in unexpected places, and these nuances create a window for the audience to see the complexities of her evolving relationship with the situation and with Rake. It’s easy to understand why she has so much screen time, because they’re investing in her for a sequel. But if the supporting performances are more interesting than the lead’s, if Hemsworth merely absorbs the grief and violence around him like bullets on kevlar, what is the use of following him around instead of her?

It’s not a huge ask: that great action be performed with emotional depth and rooted in character motivation. Romain Gavras’ Athena, also on Netflix, explores similar thematic territories as Extraction 2 — familial responsibilities, cross-cultural allegiances and disparities, and violence as a means of making sense of complicated grief and acquiring retribution and justice in proxy. But Extraction 2 neither has the emotional weight, nor the lightness, nor the contextual power to separate itself from any other action film. Its emotional wounds are merely scratches. Its context is merely a checklist. Its spectacle is impressive in the moment, but empty in retrospect. – Rappler.com

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https://www.rappler.com/entertainment/movies/extraction-2-review-filled-adrenaline-empty-emotion/feed/ 0 Z6D_6754a_03519 Extraction 2. (Pictured) Chris Hemsworth as Tyler Rake in Extraction 2. Cr. Jasin Boland/Netflix © 2021 https://www.rappler.com/tachyon/2023/06/EXR2_20220108_08150_R.jpg
Teacher dies in grenade blast in violence-plagued town in Cotabato province https://www.rappler.com/nation/mindanao/teacher-dies-grenade-blast-pikit-cotabato-june-15-2023/ https://www.rappler.com/nation/mindanao/teacher-dies-grenade-blast-pikit-cotabato-june-15-2023/#respond Fri, 16 Jun 2023 09:20:05 +0800 GENERAL SANTOS, Philippines – A 42-year-old public school teacher died in a grenade explosion early Thursday, June 15, amid a recurring problem of deadly violence in Pikit town, Cotabato. 

A series of violent attacks has resulted in numerous deaths and injuries, including those of residents, teachers, and students.

Pikit town police chief, Lieutenant Colonel John Calinga, identified the latest victim as Marichu Valle Cabañog, a teacher at the Balong Elementary School in Pikit.

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Police said the grenade went off inside Cabañog’s house in Barangay Ginatilan, Pikit, around 2 am, killing the public school teacher on the spot.

Crime scene investigators found a grenade safety lever inside Cabañog’s house, while the safety pin was discovered near a bedroom window.

Calinga said investigators were trying to get the statement of the teacher’s husband to find out if it was a deliberate attack or accidental. Shocked and grieving, the husband has yet to talk to authorities.

Since 2021, gun attacks have been recorded in the town, resulting in the deaths and injuries of students and teachers.

The grenade explosion followed a May 26 ambush that killed 37-year-old Joel Reformado, the headteacher of Damalasak Elementary School in Pikit, while he was on his way to another public school for an inter-school activity.

His companion, 36-year-old Elton John Lapinid, was seriously hurt in the gun attack carried out by still unidentified men.

In February, the town government ordered the suspension of classes at all levels following the killing of a 13-year-old student and the wounding of two others as a result of a gun attack near their school. Another minor was fatally shot days later, followed by another killing on the same day.

Education officials in Cotabato province said the continuous violence in the town puts the lives of teachers and students at constant risk. They have called on the police and military to ensure the safety and security of teachers and students. 

Cotabato schools division superintendent, Romelito Flores, said the problem seriously jeopardizes the education of the town’s youth.

In response, the military started providing security escorts for teachers during their commute to and from their schools. – Rappler.com

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Obiena clinches bronze in Norway leg of Diamond League, sustains medal streak https://www.rappler.com/sports/results-ej-obiena-oslo-bislett-games-norway-june-15-2023/ https://www.rappler.com/sports/results-ej-obiena-oslo-bislett-games-norway-june-15-2023/#respond Fri, 16 Jun 2023 08:46:33 +0800 MANILA, Philippines – EJ Obiena preserved his medal streak in the outdoor season and bagged bronze in the Oslo Bislett Games in Norway on Thursday, June 15 (Friday, June 16, Manila time).

Although unable to replicate his historic six-meter vault in the Bergen Jump Challenge five days ago, the Filipino star still cleared 5.81m in the Norway leg of the Diamond League to secure his fourth straight podium finish.

Obiena needed just one try in each of his first three heights as he handily leapt past 5.61m, 5.71m, and 5.81m before he committed back-to-back fouls at 5.91m.

Deciding to skip 5.91m in a bid to reset his Asian and national records at 6.01m, Obiena saw his final attempt go to waste as he failed to take off.

World record holder and reigning Olympic champion Armand Duplantis of Sweden once again lorded over the competition with a 6.01m vault.

The United States’ Chris Nilsen, who finished behind Duplantis in the Tokyo Olympics two years ago, suffered the same fate in Oslo as he recorded 5.91m for the silver.

Obiena has won medals in all four of his outdoor competitions this year.

He opened the season by completing a three-peat in the Southeast Asian Games in Cambodia in May, clinched bronze in the Irena Szewinska Memorial last June 6, and struck gold in the Bergen Jump Challenge last June 10.

The Tondo, Manila pride made history in Bergen with his 6.0m clearance, becoming just the first Asian and the 28th pole vaulter in the world all-time to hurdle the six-meter barrier.

Set to return to his home base in Formia, Italy, Obiena is expected to resume his European campaign in the Ostrava Golden Spike in Czech Republic on June 27.

Obiena will then begin his quest to earn his 2024 Paris Games berth, where he needs to surpass the 5.82m entry standard in any competition authorized by World Athletics during the Olympic qualification period starting July 1. – Rappler.com

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