Morong 43 relatives appeal for speedy Supreme Court action

Press Release
By Free the 43 Health Workers Alliance
September 9, 2010

QUEZON CITY  –  Seven months after their illegal arrest, incarceration and torture, the 43 community health workers are still waiting for the Supreme Court to rectify the injustices they have suffered and to set them free.

In a letter hand-carried by the relatives, the health workers known as the Morong 43 reiterated their appeal to the SC to act on their case.

“These detained health workers are seeking an immediate review of the legality of their arrest and continuing detention,” said Carlos Montemayor, spokesperson of the Free the 43 Health Workers! Alliance.

“The SC can also put an end to the arbitrary arrests propped up by planted evidence and torture-obtained testimonies that have become the unholy practice of the Armed Forces of the Philippines in its counter-insurgency program.”

The Morong 43 was arrested through a raid led by the AFP early morning of February 6, 2010 as the group was having breakfast in preparation for their disaster preparedness training. The basis for the raid was a faulty search warrant. Aside from being detained and tortured, other human right violations included the denial of legal counsel.

“The overwhelming evidence of wanton violations of basic human rights and denial of due process has already been exposed in detail by Justice Secretary Leila de Lima when she was still at the helm of the Commission on Human Rights.” Montemayor added.

“Every day of further delay is a day of injustice, not just for the detained but also for their families, who have been wrongfully made to suffer a similar torture of seeing their loved ones in jail.”

The group is hoping that their letter to the SC justices will make their appeal for judicious action more compelling.

“As the Aquino administration has extended Oplan Bantay-Laya, which has been the policy that gave license to military abuses against civilians, many more are in danger of meeting the same fate as the Morong 43. The Supreme Court can put an end to this.”

DAR-8 head resolute to hit 2010 target

By Philippine Information Agency (PIA 8)
September 8, 2010

TACLOBAN CITY  –  The newly-installed Regional Director of the Department of Agrarian Reform (DAR-8) is determined to hit this year’s target on land distribution in Eastern Visayas despite the limited time that is left for him.

Regional Director Alexis Arsenal is faced with the challenge of accomplishing in the remaining four months a huge balance from this year’s target left by his predecessor, Mr. Jose Alsmith Soria, DAR Regional Information Officer said.

The day following his installation into office, Director Arsenal met all the Provincial Agrarian Reform Officers (PAROs) of the six provinces in the Region, including key officials at the regional office to check on the status of the Comprehensive Agrarian Reform Program (CARP) implementation throughout the region.

He found out that a total of 12,903 hectares of private agricultural lands or 98.6 percent of the 13,080-hectare target, remains untouched and needs to be generated with certificates of landownership award (CLOAs) and distributed to potential agrarian reform beneficiaries to meet the 2010 target.

During the conference, the DAR-8 Director instructed the key officials of the Department to work closely with the line agencies involved in the process of generating CLOAs to meet the mandate.

Meanwhile, he likewise directed the Administrative Division to extend the necessary support.

The following Monday, he began meeting field implementers starting with the Municipal Agrarian Reform Officers (MAROs) in Leyte where the bulk of the balance is.

After two weeks, Arsenal had been to four other provinces in the region giving inspiration to field personnel to hit their respective targets.

To motivate the field personnel Arsenal compared the organization to a game. According to him, we are all players that need to contribute in attaining our goal. He added that unlike in a basketball game where some of the players remain at the bench, here everybody must do his part.

Under Republic Act 9700 or the CARPER law, DAR is tasked to distribute about 64,000 hectares of agricultural lands to an estimated 29,000 potential agrarian reform beneficiaries in Region-8 from July 1, 2009 to June 30, 2014. Majority of this are private agricultural lands deemed to be excess of the five-hectare retention limit allowed for every landowner as prescribed by this law.  (with data from DAR-8)

Dolina heads DVOREF bar operators

By JONNIE H. BUENAVENTURA
September 8, 2010

TACLOBAN CITY  –  The commencement of bar examinations was the glaring moment of every law graduates to test and apply the doctrines and principles of law acquired during the four years of thorough studies and nearly six months of review in order to achieve a noble profession only few are chosen to be part of the Philippine bar.

With this, the Dr. Vicente Orestes Romualdez Educational Foundation (DVOREF) College of Law has an established bar operations committee to attend the needs and wants of the barrister and to ensure that they were provided with bar materials to guide them in answering the right doctrine and principles to arrive at a more acceptable answer to the examiner.

Gregorio Dolina, Jr. a namesake and son of former Philippine National Police (PNP) General and now Board Member of LEYECO II, a senior law student and is fondly could “Greg” by his friends is the Chairman of the DVOREF College of Law Bar Operations Committee had lead in the first Sunday of 17 law students to comprise first batch of bar operators in Manila housed at Kanumayan Hotel owned by Leyte 1st District Representative Ferdinand Martin Gomez Romualdez strategically situated at Taft Avenue near De La Salle University where bar examinations is conducted to ensure that assistance to the barrister be immediately addressed at the proper time.

According to Dolina, Jr., the bar operations of the DVOREF is a centralized operations covering all subjects of law compiled into one so that the barrister will not crumpling materials to support their acquired knowledge during their stay as law students and those bar materials provided by the review center.

The affiliated organization of An Waray Party-List in Manila, the Aquila Legis of Ateneo De Manila University and the San Beda College of Law are the organization and schools who help provide bar materials to bar operators and in turn deliver to the barrister to ensure that they are provided with the latest tip in the bar examinations, Mr. Dolina said.

Mr. Dolina said that it is proven that with bar operations there is an increase in passing percentage of successful barrister because the bar tips is a combination of the minds of legal luminaries of different law organizations combined into one to help and guide barrister in answering questions.

Imagine the presence of your fellow law students while entering to take the exam in the entrance of De la Salle University show good luck until the end of examination shouting, and cheering while marching the thoroughfares cordoned by the security forces of the Supreme Court  “will it not boost your confidence”, said Mr. Dolina.

According to Mr. Dolina, DVOREF is a united law student’s who in times of bar examinations they are ready to provide assistance in whatever nature to help the barrister to be successful in their chosen field.

Mr. Dolina further said, the bar operations will last until the 4th Sunday of September where every Sunday a group of law students will be send to Manila to help DVOREF barrister in their quest to be a member of the Philippine bar.

Mr. Dolina informed that 65 DVOREF barrister will hurdle the bar examinations, 63 are fresh graduates while two are re-takers.

The Rules of Court provides that a candidate may be deemed to have passed his examination successfully if he has obtained a general average of 75% in all subjects without falling below 50% in any subjects.

The following subjects are Political or International Law 15%, Labor and Social Legislation 10%, Civil Law 15%, Taxation Law 10%, Mercantile Law 15%, Criminal Law 10%, Remedial Law 20%, Legal Ethics and Practical Exercises 5%.

Mr. Dolina is extending his heartfelt thank to Atty. Carlos O. Arguelles and Atty. Eduardo Polistico who lectured Political or International Law and Labor Law and Social Legislation respectively, to Jed Petilos, President DVOREF Circulos Legis for his presence during the entire bar operations and specially to the An Waray Party-List for their financial and logistics support during the first Sunday of the bar operations.

32 RP councilors in danger of losing seats

By Philippine Information Agency (PIA 8)
September 7, 2010

TACLOBAN CITY  –  One thorny issue relative to the High Court’s August 25, 2010 decision to nullify the creation of some 16 cities in the country is the status of two of the elected councilors in each city who were elected on May 10, 2010.

About 32 elected city councilors are in danger of losing their seats as lawmakers after the Supreme Court recently declared as unconstitutional the creation of 16 cities across the country.

In the case of Region 8, six councilors, two each from the cities of Baybay in Leyte, Catbalogan in Samar and Borongan in Eastern Samar, may find themselves out from their respective city councils because of the latest Supreme Court decision.

Municipalities elect eight councilors, while cities elect ten. The decision of the Supreme Court came out nearly 9 weeks after the councilors have taken their seats.

In a report, Baybay City Mayor Carmen L. Cari blamed the Commission on Elections (Comelec) central office in Manila for this problem.

Mayor Cari, a former Leyte fifth district representative, and one of the principal authors of the bill converting the 16 municipalities as new cities, said she personally asked the opinion of the Comelec in Manila whether to have only eight city councilors to be elected in the May 10 elections.

However, lawyer Ferdinand Rafanan, chief of the Legal Department of Comelec in Intramuros, Manila insisted that it should be 10 councilors to be elected since they are now cities.

Mayor Cari, it was learned, had only 8 councilors in her slate when she filed her Certificate of Candidacy. She had to look for two more candidates for councilors when told that there must be ten councilors.

There are dissenting opinions regarding the issue. Some opinion givers believe that since the two have been given the mandate, they should stay.

Indeed, the 32 elected councilors from the 16 cities have not done anything wrong, but the law is a law and it must always prevail.

Latest mining policies makes environmental protection mandatory at all stages of mining process, DENR Usec says

By Philippine Information Agency (PIA 8)
September 7, 2010

TACLOBAN CITY  –  Several new policies have been issued by the DENR to make environmental protection and management mandatory in all stages of the mining process, Environment Undersecretary Jeremias Dolino said when he graced the 1st Regional Mining Stakeholders Forum in Tacloban City, recently.

For the mining sector to grow and prosper, mining should now be anchored on the principles of sustainable development to ensure that the economic, environmental and social concerns of mining operations would be addressed, the Undersecretary said.

DENR Memorandum Circular 2010-14 strengthens public participation in the Environmental Impact Assessment (EIA) process of environmentally critical projects such as mining. Local government units have also been given representation in the Minerals Development Council to encourage their participation in promoting and developing socially responsible mining in the country through Executive Order No. 469-A.

The Undersecretary also informed the participants of the Mining Stakeholders Forum about a DENR-DOF-DBM-DILG Joint Circular signed on June 25 this year which revises the guidelines on the release of the share of LGUs derived by the national government from royalty income collected from mineral reservations.

The Joint Circular reiterates the 40% revenue share of LGUs. From this, 20% goes to the province, 45% for the component city or municipality and 35% for the host barangay.

Meanwhile, highly urbanized cities where the natural resources are located gets a 65% share, while the remaining 35% goes to the host barangay.

Another positive development that would benefit LGUs and other stakeholders is the issuance of DENR Administrative Order No. 2010-13 this year.

The DAO requires a mining permit holder/lessee to allot annually a minimum of 1.5% of their operating costs for community development implementation and provide funds for information, education and communication campaigns.

Usec Dolino said that mining has been identified by our government as one of the major focus areas of economic activity.

He revealed that the latest mining statistics as of July 28, 2010 show that taxes, fees and royalties from mining nationwide amount to 9.175 billion pesos.

He was quick to admit, however that the mining industry in the country still faces strong opposition from anti-mining groups. Various oppositions to mining have stalled the upward growth of the industry, he laments.  Several NGOs, the church, academe, indigenous peoples and even some local government units have expressed very strong sentiments against mining, he added.  Usec Dolino cited that even in Region 8, the provinces of Eastern Samar and Samar have issued a 50-year moratorium on large scale mining.

Roadmap to increase food production in Eastern Samar underway

By ALICE NICART
September 6, 2010

BORONGAN, Samar  –  The Agriculture department of the Eastern Samar province is bent to raise  production, be it in the farm or in the marine resource.

Guided by an Integrated Agricultural Plan, the team headed by San Julian Mayor George Erroba seeks to increase productivity in the crop, livestock and fishery sector through modern production technologies.

In a radio interview, Jody Paano of the Office of the Provincial Agriculturist mentioned that the Provincial Plan has major components of the Integrated Plan which are: Agricultural Modernization, Land Reform, Rural Infrastructure and Post Harvest Facilities, Marketing and Credit, Education and Capability Training, Policy Prescription and Agro-Echo Tourism Development.

Paano added that the Plan is a by-product of a series of studies which involved farmers and the municipal agricultural officers as respondents.

Six clusters are expected to focus specific productions in accordance to the availability or abundance of specific resources, the Agriculturist reported.

The Guiuan cluster for instance which covers Salcedo and Mercedes is expected to focus on fish production and other fish products.  Oras which covers Jipapad, San Policarpo and Arteche so with Can-avid cluster (Dolores, Maslog and Taft) are expected to raise farm products.  Borongan cluster (Sulat, San Julian and Maydolong) will focus on echo-tourism.  Other clusters are Hernani (Balangkayan, LLorente and McArthur; Giporlos (Quinapondan, Lawaan and Balangiga).

The Focus Group Discussion (FGD) also confirmed the farmers’ clamor since time immemorial for irrigation and other water source.

“Majority of our farmers depend on the rain for their rice plantations, that is why we can hardly meet the province’s demand for this staple food,” Paano said.

On the same note, Gov. Conrado Nicart mentioned that he is willing to construct water facilities for the farmers knowing this problem.  He said that as a farmer himself, he knows both the aspirations and constraints of farmers, that is why he placed agricultural production as one of his priorities as governor.  (PIA Eastern Samar)

Gov. Petilla looks at other options for adequate power supply in Leyte, EV

By Provincial Media Relations Center
September 6, 2010

TACLOBAN CITY  –  Leyte Gov. Carlos Jericho L. Petilla is looking at other possible options for the region to face further encumbrance in power supply should the issue on privatization of power generating plants continue.

One of this option, the governor said, is for the region to build its own power-generating plant.

This option, he said, has already been suggested to other governors in the Eastern Visayas region. An idea, he added, which the governors remains open to.

He added that the governors in the region would have to wait for the power supply situation on the entire Visayas to normalize before going ahead with the building of its own power-generating plant at the government-owned Leyte geothermal fields.

“It is an option should we continue to experience problems. But knowing that it would really, really be costly, that is an option we have to reserve as a last one,” Gov. Petilla said.

He otherwise said this plan will depend on the commercial operations in the Visayas of the Wholesale Electricity Spot Market (WESM) this coming Sept. 26.

The Visayas’ power situation remains volatile but it is expected to improve in a few months, according to Gov. Petilla.

Through WESM, which will be operated by Philippine Electricity Market Corp. (PEMC), power can be bought through bidding.

Distribution utilities are mandated by law to source at least 10% of their power requirements from WESM, where big power suppliers and users forge supply deals.

You know this, you know this Atty. Yong! wailed Arcales in court

By GINA DEAN-RAGUDO, Samar News.com
September 6, 2010

CALBAYOG CITY  –  You know this! You know this Atty. Yong! says former Samar Vice-Governor now  Catbalogan City Councilor Ernesto Arcales during a court hearing of TRO extension last September 3, 2010 at RTC Branch 31 Calbayog.

Arcales, was referring to some probabilities if the budget will undergo DBM review at the Regional Office 8. The exhaustion of administrative remedy is provided for by law, but there are certain exemptions especially when the matter is so urgent that even DBM review maybe futile.

He added that the irregular, invalid ordinance was enacted by the Sangguniang Panlalawigan on August 26, 2010 and allegedly approved by the governor on the same day. Since September 1, checks have been prepared, kept in the office of the provincial treasurer and attempted to encash the checks at Land Bank Catbalogan.

“The exhaustion of administrative remedies is sometimes liberalized. If we wait for the DBM review, I don’t know how much from the P1.2 Billion will still remain”, stressed Arcales.

The purpose of DBM review is not about stopping the disbursement of the budget. The court is the proper forum that can block any act of release by way of a special civil action.

Arcales statements was sustained by Atty. Roger Casurao who disclosed that accountant’s advice was made and they are aware of the check numbers issued as enumerated in the document prepared by no less than the provincial accountant.

To support the petitioners’ allegations, Assistant Provincial Accountant Frank Detosil was made to testify in court. He admitted having talked personally with the provincial treasurer on September 2 and confirmed that there were adjustments formulated under a new rate in the payroll of the provincial employees; and this was done under the instruction of the Budget Officer. Since the approval of the controversial budget, local financing offices have been very busy working overtime or until wee hours in the morning. Checks have been issued on August 27, the day after the approval of 2010 budget.

Samarnews.com was able to get hold a copy of the unsigned Accountant’s Advice and contained therein are the names of the special disbursing officers in charge of the salaries and wages of the employees with the corresponding checks accumulating a total amount of P38, 462, 302.

Detosil said that an Accountant’s Advice is an added mechanism on the part of the agency issuing the checks which is a confirmation of the authenticity, regularity of the checks issued – giving “go signal” to the bank.

Ultimately, the issue was resolved on the propriety of extending the Temporary Restraining Order. The September 3 hearing was the last day of the 72-hour TRO issued by the court effective August 31, 2010 upon petition filed by the seven board members headed by Majority Floor Leader Charlie Coñejos.

After more or less 3 hours debating in court, incorporating the following issues: a) the capacity i.e. personal or official of the respondents in relation to the act/s committed surrounding the approval of the budget; b) the representation of the counsels (Atty. Alex Gelera, Calbayog City Councilor Rogelio Casurao and Catbalogan City Councilor Ernesto Arcales) knowing their present status as holders of elective and/or appointive positions in the government; c) and the banner story entitled “Majority Pushes TRO to Block Budget Release” published at Samarnews.com on September 3 that caused adverse effect on the part of  the respondents as they perceived it to be a misinformation to the public, it was resolved in favor of the petitioners.

Based on the arguments presented, the court found the testimony of Assistant Provincial Accountant Frank Detosil convincing; that there’s a need to expedite the disposition of the case as it involves the P1.2 Billion budget of the province. To uphold the status quo so that no other act/s be effected involving the seriously questioned annual budget and to protect the funds of the public, it finally decided to extend the Temporary Restraining Order for another 17 days enjoining all the respondents from implementing the 2010 budget. They were given 10 days to comment from the oral issuance of said TRO.

803rd Brigade joins the funeral march for the brave Catarman 8, thousands of Catarmanons cries for justice

Press Release
By 803rd Infantry Brigade, 8ID PA
September 5, 2010

CATARMAN, Northern Samar  –  The remains of the seven Philippine National Police who were brutally killed by the New People’s Army in an ambush last August 21, 2010 were brought to their final resting place on Thursday (September 2, 2010) at Don Paco Cemetery, Catarman, Northern Samar.

The 803rd Brigade joined the thousands of friends, relatives and families that gathered in the Immaculate Conception Cathedral in Catarman to show respect to the PNP officers who sacrificed their lives in the performance of their duties. The Funeral Mass was officiated by no less than the Bishop of the Diocese of Catarman, His Excellency Bishop Emmanuel D. Trance. In His homily, Bishop Trance manifested strong condemnation of the gruesome murders of the brave eight peacekeeping officers and exhorted the people to pray for peace.

During the procession, hundreds of supporters of the victims carried placards and streamers condemning the barbaric acts of the CPP/NPA. The funeral procession went around the town before proceeding to the Municipal Public Cemetery.

Meanwhile, the families and relatives of the victims cried for justice. The Armed Forces of the Philippines, the Philippine National Police and other local enforcement units assured the families of their efforts to bring the perpetrators to answer for this dastardly act.

Colonel Lopez, 803rd Brigade Commander, expressed that the brigade will continue its offensive against the local terrorist in order to hasten their defeat, thus paving way for peace and development in Northern Samar.

Gov't to shoulder MRT fare at P48 per commuter

Press Release
September 5, 2010

QUEZON CITY  –  The national government will spend a total of P7.3 billion next year to subsidize the fare of Metro Rail Transit (MRT) commuters at a rate of P47.77 each, House Deputy Majority Leader Roman Romulo said over the weekend.

Romulo said the amount, contained in the proposed 2011 national budget, is P2.2 billion or 43 percent greater than the State's P5.1 billion "fare subsidy" to MRT commuters this year.

Romulo, who represents the lone district of Pasig City in Congress, favors the sustained fare aid.

"Our sense is, the subsidy is fair and reasonable, based on the principle that those who have less wherewithal are entitled to more support from the State," Romulo said.

"The only other option is to raise fares and take an equal amount, or P7.3 billion, out of the pockets of MRT commuters, mostly salaried employees and wage earners, plus some students, that deserve the subsidy," he pointed out.

"Offhand, a 50 percent reduction in the subsidy would imply a fare increase of P23.88, which is definitely burdensome to commuters," he added.

Romulo cautioned the Department of Finance (DOF) and the Department of Budget and Management (DBM) against allowing a large subsidy withdrawal and a corresponding significant fare increase.

Both departments earlier said they are "in the process of striking a balance" between lower subsidy and higher fares.

Romulo, however, said a substantial increase in MRT fares might be counterproductive, "since this could possibly drive away cost-sensitive commuters, thus implying potential revenue erosion."

"This might force government to later come in and cover the revenue shortfall anyway," he said.

The DOF has also said that maintaining the subsidy to MRT commuters would be "unfair" to taxpayers in the Visayas and Mindanao, who do not benefit from the train.

"In that case, the remedy is not to deprive MRT commuters of subsidy, but to augment infrastructure and other forms of public spending that would benefit people in the Visayas and Mindanao," Romulo said.

The MRT spends around P64 to move each commuter. But since the MRT charges only an average of P14.50 per commuter, government has to pay for the balance, including the train's maintenance and operating costs.

Besides the P7.3 billion fare subsidy, government is coughing up another P1 billion to cover the MRT's operating and maintenance costs in 2011, up from this year's P645 million.

The MRT was built by a private consortium on an assured 15 percent annual rate of return, plus debt obligations that are ultimately guaranteed by the State.

Leyte Sports Academy formally opened, 37 athlete-scholars enrolled

By Provincial Media Relations Center
September 4, 2010

TACLOBAN CITY  –  The Leyte Sports Academy formally opened Saturday with 37 athlete-scholars auditioned and screened from various parts of the province who would be undergoing a comprehensive sports and education program, seen to boost the province ranking in local and national sports competition.

All the athletes recruited, 17 of them girls and 20 boys, aging 17 years old and below, are housed at the Sports Academy at the Leyte Sports Development Center, who are already attending sports trainings under professional trainers and coaches in the fields of swimming, boxing and athletics.

As the purpose of the program early on disclosed, all of these athletes are at the same time completing their school studies as they are enrolled in a school in Palo, Leyte. Most of these students are still in high school.

Supported with al the necessary equipment, accommodations and lodgings, the Leyte Sports Academy would also provide the student athletes with high-caliber trainings in swimming, boxing and athletics.

The vacated rooms and spaces at the former Leyte Colleges adjacent to the Leyte Sports Development Center have been converted into a dormitory for these athlete-scholars, that also houses a function hall, a recreation area and soon a computer room.

Leyte Governor Carlos Jericho Petilla said to improve the province’s, and subsequently the region’s, standing in national sports competition, there is a need to implement a good recruitment program that would provide championship caliber training for athletes with potentials.

“This would be very expensive but if it’s the only way to do it, then we have to pursue this option,” Gov. Petilla said.

With an improved pool of athletes, the governor added, the province and the region can improve it medal finish in national sports competition such as the Palarong Pambansa.

The Sports Academy is prioritizing recruits who are out of school youths and cannot afford to get themselves to schools. As a requirement the potential sports scholar must be between eight to fourteen years old and stands 5’6’ in height.

The Sports Academy is set to cost the province P1.5 to P2 million a year to cover the operation of the entire sports program.

Lake Danao PAMB approves 150-hectare Refo Project

By PURIFICACION S. DALOOS
September 3, 2010

TACLOBAN CITY  –  Reforestation of 150 hectares within the next five years will soon be undertaken at Lake Danao Natural Park (LDNP), a declared Protected Area, in Ormoc City. This developed after the approval by the Protected Area Management Board of a request by the Energy Development Corporation to implement its BINHI: A Greening Legacy Program (Binhi) within the Protected Area.

Binhi is one of the Commitments to Action declared by EDC Chairman Oscar Lopez during the Clinton Global Initiative Meet in Hong Kong in 2008. BINHI serves as its environmental legacy to reforest 1,000 hectares annually nationwide for ten years.

At least 25 hectares each year or a total of 150 hectares for the next five years has been approved by the PAMB-LDNP for reforestation within the park area under the Binhi program. Aside from the ecological benefits that the Program shall bring, it will also provide livelihood benefits to residents within the area who shall be hired to carry out the different reforestation activities. The Park Superintendent (PASu) shall conduct ground verification and provide the map designating the areas for planting.

Regional Executive Director Primitivo C. Galinato, Jr. of the Department of Environment and Natural Resources, who also heads the PAMB, lauds the EDC for its initiative in launching the Binhi Program.