Court dismisses mandamus case against Baguio officials

>> Monday, December 21, 2015


By Aileen P. Refuerzo

BAGUIO CITY – The Regional Trial Court (RTC) dismissed the case for mandamus filed by a businesswoman against city officials for non-issuance of a zoning clearance and a building permit over her lot at Outlook Drive here which is covered by a spurious Certificate of Ancestral Land Title (CALT).
In a four-page decision issued Dec. 10, RTC Branch 3 Judge Emmanuel Rasing agreed with respondents Mayor Mauricio Domogan, city legal officer Melchor Carlos Rabanes and city planning and development coordinator Evelyn Cayat that the petitioner Imelda Tan Lao represented by attorney-in-fact Roger Angway “failed to state a cause of action and the relief prayed for are not justified by the allegations of the petition.”
“Before mandamus is issued, it is essential that the Petitioner should have a clear legal right to the thing demanded and it must be the imperative duty of respondent to perform the act.  This is where the Petition fails,” the court said.
“Petitioner is asking the Court to order the issuance of a locational clearance.   Her Petition, however, failed to state that she has complied with all the requirements for issuance of the clearance applied for.  Such failure makes the Court unable to determine on the face of the Petition that Petitioner has all the requirements (and that) respondents neglected to perform their functions…” 
“To stress the point, the Petition merely confined itself on the issue of how the pendency of some suits affecting O-CALT-130 will not affect her, she being an alleged buyer in good faith.  Compliance with all the requirements… was never mentioned.  Therefore, even a hypothetical admission of the truth of the allegations of the Petition will not justify the grant of the relief prayed for.”
Moreover the court said mandamus does not apply on the situation as the requisites for the clearance being sought by the petitioner “involve exercise of judgment” and is not a ministerial function.
  In her petition filed last Aug. 20, Lao represented Angway asked the court to order the respondents to issue the clearance and permit applied for and to reimburse the litigation expenses.
She claimed owning the 2,972 square meter lot under TCT NO. 018-2012002678; and being denied issuance of the clearance or permit by Cayat citing the legal opinion from the city legal office penned by Attorney III IsaganiLiporada that the requested clearance cannot be processed due to the pending cases involving the mother title.
She denied knowledge over the lot’s circumstances but averred that her purchase of the same was done in good faith and is justified under Republic Act No. 8371 of the Indigenous Peoples Rights Act of 1997, section 8 (B) and other issuances.
The city officials however said the city cannot issue the requested clearance and permit to the land as it is covered by a CALT that was issued anomalously apart from being “inalienable” and part of a “road easement of Outlook Drive” and therefore “incapable of appropriation by any private individual and beyond the commerce of men.” 
In the comment submitted Sept. 14 to the court, the city executives said Lao’s transfer certificate of title (TCT) is a transfer from TCT 2010002820 registered in the name of Virginia Gao-an which is a derivative of Original CALT 130 registered in the name of the heirs of Josephine Abanag Molintas.
“OCT No. O-CALT-130 and its derivative titles are presently the subject of cancellation proceedings with the NCIP in NCIP OJ Case No. 007-2011 and with the Supreme Court in G.R. No. 208480,” the officials noted in the comment.
In the comment, the respondents said Lao “cannot be considered as an innocent purchaser for value” because as a “veteran businesswoman and long-time resident of Baguio as alleged by her,” she should have been aware of the status of O-CALT-130  which is of public knowledge since it covers lands already titled under the Torrens system, government reservations like the Wright Park and the Mansion Grounds and areas within the road-right of way and the subject of newspaper reports and public information campaigns.
“The property covered by her title forms part of the road easement of an area of Baguio which the seat and location of government reservations and popular tourist destinations namely the Wright Park and Mansion House.  This fact alone should have put petitioner on her guard and inquiry.”
They said the annotation of cases in the previous titles of the lot should have also made her wary of its status.


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NEWS BRIEFS


Baguio mayor: No trade fair in city parks
BAGUIO CITY – Mayor Mauricio Domogan has expressed his opposition to any trade fair in government owned parks here.
This after requests for trade fairs will once again flood the city council to take advantage of the yuletide Season.
Domogan said,” the city’s Trade Fair Ordinance clearly disallows the conduct of trade fairs in all city-owned and managed public parks including government owned and controlled properties and facilities.’
“This is my stand on this, we will deny any application of trade fairs in any of our parks,’ he said.
The mayor however said barangays wanting to engage in fund raising activities for the yuletide season can do so in private properties and barangay owned properties.
“We are also offering to them the night market as venue for such fund raising activities, we can pinpoint an area for the expansion of the night market so everyone can avail of it,” he said.
the mayor said, “Barangay Christmas Baratilyos will not be allowed on public roads.”
“Maybe if they use private places for baratilyos then it can be allowed which will conform to the provision of the Trade Fair Ordinance,” he clarified.
The City Environment and Management office also recommends denial of Trade Fairs and other similar activities in city parks.
Meantime, the City’s Trade Fair Ordinance will be having a major facelift anytime soon in order that decisions in regulating such activities in the city’s parks will apply to all. – Paul Rillorta

Mountain Province, Benguet barangays forge sisterhood ties
SABANGAN, Mountain Province -- Officials of barangay   Tambingan here recently forged memorandum of agreement of sisterhood  with barangay Betag of La Trinidad, Benguet to foster understanding, friendship and goodwill.
The Sangguniang Barangay of Betag headed by Punong Barangay Peter D. Comila and Tambingan led by PB Cedric Rommel V. Likigan inked the MOA.
Both parties agreed to nurture and encourage friendship and cooperation between the two local government units and their constituencies through mutual sharing of the barangay best practices; provision of technical expertise and assistance in the area of promotion and development of the eco-tourism industry, including exchange of culture and education through exchange programs and education tours.
They also agreed to enhance trade relations on agricultural products, livestock and promotion of local handicrafts and strengthen educational and cultural relations with each party through scholarships, environmental research and eco-tours. They shall also strive to keep an open communication line for the possibility of forging joint ventures. -- Juliet B. Saley

Tabuk City gives early Christmas treat to PWDs
TABUK CITY, Kalinga – The city government recently gave early Christmas treat to people with disabilities (PWDs) here through gift giving and parlor games.
The treat highlighted this year’s observance of the International Day of PWDs, where a program and party was prepared for the city’s PWDs at the People’s Gym.
Guest of honor and speaker Provincial Board Member Camilo T. Lammawin urged participants with his message that disability should never be a hindrance to normal living”.
‘God has gifted each one with talents and skills and for as long as we know how to discover and develop these gifts, no one is considered disabled’, Lammawin said.
The physical state of a person should not limit him or prevent him from being productive and become a normal member of the mainstream. Instead consider disability as strength and opportunity, he added.
He said he knows of many PWDs who are now more successful than other people with no physical disability at all.
In a related report, Mayor Ferdinand B. Tubban assured sustained assistance for the sector under the city government’s livelihood program.
Appreciating the PWDs as one of the most organized sectors in the city, Tubban said the city government has prepared financial aid for income generating projects next year.
Tubban told participants to consider themselves at par with others, believe in their capabilities and just live normally for they, too, are equally important citizens of the nation. -- Larry T. Lopez

Baguio sets parking areas for Christmas  season
BAGUIO CITY  -  This  summer capital is expecting voluminous influx of both domestic and foreign visitors this Christmas season and along with these is the problem of parking space in the city.  
Mayor Mauricio Domogan said the city has identified parking areas to be utilized by the motorists.
Apart from the existing parking areas, government properties like the Baguio City National High School grounds, Quezon elementary school, frontage of the PFVR building and the former city auditorium will be utilized as parking areas.
Domogan has also requested the private schools and the GSIS president Robert Vergara to allow the city to use their property as parking area this Christmas season.
He said police will be designated in identified parking areas to ensure safety of the motor vehicles.
The realization of the proposed off-street parking facility at Melvin Jones football grounds will take time because of opposition, thus,  Domogan said that the technical working group is still working on the terms of reference for multi-level parking building within the Ganza property to decongest city roads from excessive volume of vehicles that contribute to traffic jams in the city.
the mayor urged barangay officials to address the problem on parking along barangay roads by allotting available lots within their jurisdiction as common parking space for lease to residents with vehicles. Once the development of the city market will push through, the city is also looking for the possibility of putting up one or two floors centralized parking space in the market.-- JhoArranz

Change of name of local hospital in Benguet sought
LA TRINIDAD, Benguet -- The  Benguet  SangguniangPanlalawigan urged the  National Historical Commission of the Philippines to approve renaming of  a provincial government supervised  hospital in the  province.
The change of name was sought for Kapangan Medicare Community Hospital” (KMCH) to be renamed “Kapangan Community Hospital”.
Board Member Esteban Piok, who authored the measure, said the word “Medicare” is rendered obsolete, thus the proposed deletion.   
The hospital was called the Kapangan Medicare Community Hospital since Sept. 23, 1982  after the Philippine Medical Care Commission (PMCC) which administered the former Medicare program. This is now called the Philippine Health Insurance Corp.
The hospital is under the supervision of the provincial governor pursuant to  the Local Government Code of 1991 which devolved the management of all hospitals except for some selected medical centers to the provincial local government units. -- Susan Aro

More fire stations to be built in Abra
BANGUED, Abra --The Bureau of Fire Protection will here additional personnel and construct fire stations in four towns.
Provincial Fire Marshall   Senior Insp. Rogelio Nigos said the BFP hired 11 more fire personnel who are now assigned to various fire stations in the province.
The BFP regional office has also allocated funds for the construction of fire stations in the municipalities of San Quintin, Villaviciosa, Sallapadan and Licuan-Baay as well as the repair of fire station in Dolores. The buildings will be constructed early next year, Nigos bared.
The Department of Interior and Local Government has agreed to donate fire trucks to each fire station as its counterpart, he added.
Nigos said it is important to have fire station in all local government units as he appeals to LGUs who have none yet to donate lot for the construction of a BFP building.
Meanwhile, Nigos urged the public to buy only standard Christmas lights and reminded the public to double check their Christmas lightings to avoid fire incidents this season.
He also reminded business entrepreneurs to secure fire safety inspection certificate from the bureau to ensure safety standards in their establishments. -- Ginalyn B. Brioso

Dagupan school gets ‘Gulayan’ award
DAGUPAN CITY, Pangasinan — To encourage children in schools to take part in attaining sustainability and food security in the community, the city government started 10 years ago a vegetable garden in public school backyards. Employed in this project were agriculture technologies like aquaponics and hydroponics which were rewarded through the “Gulayan sa Paaralan” awards. This year, the Bonuan Boquig Elementary School became the back-to-back winner over 24 participating schools in the city. They received a total prize of P33,000 awarded by Mayor Belen Fernandez, who initiated the program when she was still a councilor. First runner-up was Carael Elementary School which was also adjudged as Best in Vegetable Garden. The school won P28,000 cash prize. Second runner-up was East Central Integrated School with a cash prize of P20,000 while third runner-up was Lucao Elementary School with P15,000 as cash prize. -- LiezleBasaIƱigo

Food expo in Laoag helps SMEs
LAOAG CITY , Ilocos Norte — Aiming to develop Ilocos Norte as an ultimate destination of export-ready and top-quality food products, the Bakers and Restaurant Association of Ilocos Norte (BRAIN) successfully held the third Ilocos Norte Food and Trade Expo (INFOTEX), a three-day event at the Ilocos Norte Centennial Arena, Laoag City that ended Dec. 5.
In partnership with the provincial government of Ilocos Norte headed by Gov. Imee Marcos, BRAIN organized INFOTEX to become an avenue to highlight the dynamic gastronomic scene of the province by bringing together local buyers and sellers. – Freddie G. Lazaro

DOJ designates Bernabe as Cordillera anti-trafficking chief
BAGUIO CITY -- Assistant City Prosecutor Ruth Bernabe was designated head of the newly formed Cordillera Administrative Region Anti-Trafficking Task Force (CATTF) as per Department of Justice order 809 established by the Inter-Agency Council against Trafficking (IACAT).
The members are Abra prosecutor Ferdinand Palma, Benguet Prosecutor Jurgenson Lagdao, Mountain Province Prosecutor Golda Bagawi, Ifugao Prosecutor Marvin Ngayawan, Kalinga Prosecutor Bartolome Gamonnac, Apayao Prosecutor Jhon Aguda, Tabuk Prosecutor Rito Bungaoen and Baguio Prosecutors Maria Nenita Opinana and Ma. Lourdes Esperanza Soriano.
The CATTF is designated to investigate and prosecute trafficking of persons cases in the Cordilleras. – Paul Rillorta


IFSU bares scholarships for Ifugao students 
LAMUT, Ifugao --  The Ifugao State University (IFSU) has  posted in its website scholarship programs and grants that interested and qualified students who enroll in the university can avail of to pursue and complete their higher education.
The scholarship programs include the Tertiary Education Assistance Program (TEAP), Social Cultural Scholarship (SCS), Service Scholarship (SS), Athletic Scholarship (ATS), Academic Scholarship (ACS), Barangay Official Dependent Scholarship (BODS), Tulong-Dunong Scholarship Grant (TDSG), Pantawid Pamilyang Pilipino Program (4Ps) Scholarship Grant (4psSG), IFSU President Ngohayon Scholarship (IPNS) and the Igorot Cordillera BAMAAK Europe (ICBE) Scholarship for Education students.
The TEAP is by virtue of the Ifugao Provincial Ordinance 2004 dated Nov. 8, 2004 that gives financial assistance to poor but deserving secondary graduates of Ifugao to pursue their tertiary education and patronize the public tertiary schools in the province.
Under the TEAP, each barangay is entitled to one new slot every school year provided they qualify. Grantee shall receive P3,000 assistance per semester to cover tuition and miscellaneous fees paid directly by the provincial government to the tertiary or vocational school where the student enrolls.
The SCS gives due recognition to students who excel in socio-cultural performance where grantees will be recipients of tuition fee discounts.
The SS gives free full tuition scholarship for services rendered to the school as president of the University Student Supreme Government,  Graduate School Student Organization President, Editor-In-Chief of the IFSU Campus Newsletter or a member of the IFSU Drum and Bugle Corp.
For students who excel in the field of sports, the ATS is granted to new and old students who are officially enrolled in the university and willing to undergo training in the sports event they excel and under the Commission on Higher Education (CHED) Sports Program and Philippine Sports Commission (PSC), a 100% discount for gold medal won in the Philippine Association of State Universities and Colleges or the PSC Programs, 75% discount for silver medal and 50% for bronze medal which the student enjoys during the succeeding semester after winning the event. -- Daniel B. Codamon

DENR-Kalinga completes  2015 NGP target
TABUK CITY, Kalinga -- The Department of Environment and Natural Resources provincial office here reported it has accomplished its  2015 targets under the National Greening Program (NGP) last October or two months ahead  of schedule. 
SeverinoDalutag, provincial DENR officer, said the commitment of  two Community Environment and Natural Resources Offices Pinukpuk CENRO covering Pinukpuk, Balbalan, Pasil, Lubuagan, and Tinglayan and Tabuk CENRO covering Rizal, Tanudan, and this city made them accomplish  100%  of their target  by  end of October.
A total of 605,000 seedlings were planted in 1,210 hectares  by their partner barangays and peoples organizations, according to Dalutag.
Seedlings were already produced before the rainy months so that planting  was  fast tracked from July to September, he added.  
He reported they have  re-programmed their 2016 NGP plan, the last year of the 6-year regreening program under the Aquino administration and targeted 1,828 hectares to be planted.
"We will try to replicate our successes in NGP during the past years," Dalutag said. -- Peter A. Balocnit

Baguio Prosecutor’s Office cites 97 percent accomplishment
BAGUIO CITY – The Office of the City Prosecutor here cited 97.82 percent accomplishment in disposition of cases this year.
Prosecutor Rolando Vergara said,” the office has received a total of 2,337 new complaints under normal preliminary investigation or summary procedure from January to September this year.
 “Out of total 1,729 cases filed in court, 499 were dismissed by the office and 68 were referred to other agencies,” Vergara said.
“The number of pending cases still to be resolved as of Sept. is 50 and our disposition rate is 97.82 percent” he said.
For inquest proceedings, the office received 509 new complaints, filed 470 information in court and dismissed 33 cases while five cases were referred to other agencies.
This is despite the lack of manpower and office equipment the office is experiencing as per appeal from City Prosecutor Elmer Sagsago.
Sagsago said, “Ideally, there would be two prosecutors assigned per court, however there are only 15 prosecutors in office.’
“The office is also in dire need of additional staff to complement the prosecutors as those who have retired were never changed,” he added.

10 Luisita farmers’ groups to get business training
TARLAC – Ten farmers’ groups at the Hacienda Luisita here will be trained to become entrepreneurs, the Department of Agrarian Reform (DAR) said over the weekend. The move aims to encourage farmers to become not just producers but also entrepreneurs with stable sources of livelihood.
DAR Undersecretary Justin Vincent La Chica said apart from training in vegetable farming and strategies in marketing, the farmers would also undergo seminars on muscovado (raw sugar) production and livestock raising.
La Chica said farm machinery and service facilities have been turned over to the beneficiaries.
DAR has partnered with the Tarlac State University and Tarlac College of Agriculture to help provide agri-extension and business development services to the beneficiaries.
DAR has partnered with the Tarlac State University and Tarlac College of Agriculture to help provide agri-extension and business development services to the beneficiaries.
The CBAO ordered the contractor to improve the design and add more potted plants and LED lights at the base of the tree.

The project, which was unveiled on Dec. 1, reportedly cost P1.2 million.

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AIDS cases up in Baguio as Christmas season starts

Alarmed officials monitor nightclubs 

BAGUIO CITY – The city government has started a crackdown and now monitoring nightspots here particularly clubs those which hold ‘sexy shows’ by beautiful women after cases of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) cases drastically increased in this tourist city alarming city and regional Health officials.
Dr. Celia Flor Brillantes, head of the Social Hygiene Clinic of the City Health Department, said HIV cases increased by 21 percent or about six or seven cases yearly from 2013.
Most of the new cases came from the sector dubbed “MSM,” meaning men having sex with men.
Mayor Mauricio Domogan said the city government with Baguio AIDS Watch Council (AWAC) headed by Brillantes is monitoring night spots, clubs here in the city, although these will not be closed.
According to Brillantes, the entertainers were informed about HIV infections and they were tested if they were positive with the infection.
Brilliantes said out of 300 MSMs they checked, nine were found positive of HIV and out of the 5,000 total screened in the city, 12 were found positive of the infection, including a mother and child.
She gave the figures in the recent World AIDS Day celebration at the Baguio Convention Center, which carried the theme “Getting to Zero: Zero new HIV infection, zero discrimination, and zero AIDS-related death” and attracted over 1,000 entertainment and night workers.
The gathering was for the 10th Annual HIV/AIDS Conference in which the importance of avoiding HIV infections was discussed.
Allan Bandoy, president of the Baguio Association of Bars and Entertainers (BABES) said since the onset of the Christmas season, their organization noted a 30-percent increase in the number of night entertainers coming from the lowlands.
Brillantes cited need for continuous monitoring of nightclubs in the city and an intensive information campaign on how HIV is acquired.
“Prohibiting the existence of night spots in the city is not the solution in preventing the occurrence of HIV cases, but instead, the values of every individual is very important to get rid of said infection,” said Domogan.
To prevent HIV infections, it is important to practice the ABC prevention of HIV – abstinence for our young people, be faithful to your partners, and practice careful and responsible sex, Health officials said.

The HSO is carrying out free testing and detection for HIV patients. – With reports from JhoArranz

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Bonto centreps show way to good coffee business in Makati


A two-day barista course on coffee preparation and coffee shop operation was recently conducted by the Department of Trade and Industry through its National Coffee Cluster in Makati City, to prepare small and medium entrepreneurs SMEs planning to put up specialty coffee shops.
Cordillera DTI director Myrna Myrna, who is the agency’s national champion for coffee and the DTI as an agency committed to improve the Philippines coffee industry by conducting trainings and providing tools and material requirements such as the shared services facilities.
During the training, resource speaker Jaycee Martinez articulated what a barista should know about coffee roasts, grind, water, temperature, brewing methods and basics of cupping.
Held at the Makati Palace Hotel, participants were mostly small and micro entrepreneurs and DTI coffee point-persons from the country’s 12 regions.
Gemma Ngelangel, owner of Gold Fish Cafe, Bontoc and Gold Fish Laundry discussed setting up successful coffee shop.
Ngelangel shared her experiences as proprietor and discussed the importance of start-up capital, location, people, branding and menu offered in a coffee shop. Mountain Province DTI Provincial Director Juliet P. Lucas who attended the training as a participant tried her hands using different coffee preparations with Arabica coffee from Lubon, Mountain Province.
Lucas’ commented in her social media page that one cannot just say "Coffee is good" as a barista and she realized that she need to learn more terms on cupping because when asked, a barista must be able to tell what makes it good. It was learned participants will re-echo what they learned upon their return to their respective provinces. -- Art Tibaldo



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Baguio’s ‘best performing Barangays’ honored in rites


BAGUIO CITY -  Barangay Middle Quirino Hill headed by punong barangay Ignacio Gallente was  awarded as champion in the 2015 search for “best performing barangays” in this city receiving a plaque of recognition plus P60,000 cash incentive.
Out of the 128 barangays in the city, only 35 barangays participated in the annual search which began in 2011.
Last year’s champion barangay Upper Rock Quarry was awarded the first runner-up receiving a plaque of recognition and P50,000 cash incentive.
Second runner-up barangay Loakan Proper received a plaque of recognition and P40,000 cash incentive.
The third runner-up was given to barangay Pinsao Pilot receiving a plaque of recognition and P30,000 cash incentive.
Fourth runner-up, Lourdes Subdivision Extension received a plaque of recognition and P20,000 cash incentive.
Barangay Pacdal, the fifth runner-up received a plaque of recognition and P15,000 cash incentive.
other participants that were recognized includes Andres Bonifacio, Asin Road, BGH Compound, Camp 8, City Camp Central, DPS Compound, East Quirino Hill, Fairview, Happy Homes, Honeymoon-Holyghost, Hillside, Kias, Leonila Hill, Manuel Roxas, Middle Quezon Hill, MRR Queen of Peace, New Lucban, Padre Zamora, Phil-am, Pinsao Proper, Saint Joseph Village, San Roque, South Drive, Sto. NiƱo Slaughterhouse Compound, Sto. Tomas Proper, Upper Dagsian, Upper General Luna, Upper Quezon Hill, and Upper QM.
They were given plaques of recognition and P5,500 cash incentive each.
Community affairs officer Noel Mabutas said, “the participating barangays were judged based on the barangay administration and governance, environmental management and protection, infrastructure development, peace and order and public safety, health and nutrition program management, and social welfare development.”
In his inspirational message, Mayor Mauricio Domogan said unity can make people of one heart, mind and spirit accomplish the work in order to determine our success.
This yearly search was conceptualized to recognize excellence in local governance among the barangays not only in terms of their plans and sustainability after the evaluation, but also help the barangays to come up with better and empowered plans for their improvement.
 Imelda Village headed by PB Arturo Rapelo, Jr. was also acknowledged for being consistently active and has sustained best performance since 2011. --  JhoArranz      


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Holiday truce

EDITORIAL

It is but apt that communist rebels will put in effect a 12-day holiday truce from Dec. 23 to Jan. 3 next year.The ceasefire is in solidarity with the Filipino people’s traditional celebration of Christmas and New Year, National Democratic Front of the Philippines (NDFP) negotiating panel chairman Luis Jalandoni said in a statement.
“This will also enable the revolutionary forces to carry out mass assemblies and public demonstrations to mark the 47th anniversary of the Communist Party of the Philippines and celebrate revolutionary victories of the past year,” he said.
“The ceasefire is also in support of efforts of peace advocates to foster the resumption of peace negotiations between the government and the NDFP,” Jalandoni said.
Armed Forces spokesman Col. Restituto Padilla said a ceasefire during the Christmas season has been a tradition, although the government has yet to reciprocate the CPP’s declaration as of press time..
“Once the President, who is also our commander-in-chief, approves it (recommendation to observe a ceasefire), we will announce it so that our countrymen will know,” he said.
“The Armed Forces of the Philippines hopes that the CPP and its armed unit, the New People’s Army, will strictly abide by this self-declared ceasefire and will live up to their promise of non-violent and peaceful holidays for the Filipino and their members.”
Jalandoni said the NPA would stop offensive military operations against the military and police during the ceasefire, and soldiers and policemen “who have no serious liabilities other than their membership in their armed units shall not be subjected to arrest or punitive actions.”
“They may be allowed individually to enter the territory of the people’s democratic government to make personal visits to relatives and friends,” he said.However, all NPA units and militias would remain on defensive mode, Jalandoni said.
They were ordered to “maintain a high degree of militancy and vigilance against any hostile actions or movements of the enemy armed forces,” he added.
Hostile actions include “peace and development,” “civil-military” and “peace and order” operations, Jalandoni said.
The ceasefire, once, reciprocated by government, would give a brief respite for people who are caught in the crossfire, particularly in remote countrysides.


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Tit for tat

BEHIND THE SCENES
Alfred P. Dizon

BAGUIO CITY -- The macho talk of presidential aspirants Rodrigo Duterte and Mar Roxas to a slapping, boxing match or even a gun duel has caught the attention of people in this tourism resort.
And radio stations here, trying to improve ratings, have cashed in on the controversy conducting street interviews or getting respondents in talk shows to discuss the matter.
A gay respondent said it would have been better if they can show their skills through a dance match wearing blouses and makeup instead of espousing violence.  The one who lasts longer on the dance floor will be adjudged winner. An old man interviewed at Malcolm Square said, such is politics saying he had better things to do like buying medicines than listening to macho talk.
A school teacher said both should talk on improving the country than showing who can pee the highest. A student said maybe he can learn how to handle a gun once he will see both show their skill in a gun duel. Others said the show must go on but they had other things in mind. As to our friendly perennially drunk neighborhood philosopher, he said he will vote for the one who can give him the most liquor.
***
This, as the Commission on Elections isn’t going to stop any boxing match between presidential aspirants Manuel Roxas II and Rodrigo Duterte.As in boxing, however, the Comelec has an advice to the would-be pugilists: no hitting below the belt, and no elbowing.Comelec Chairman Andres Bautista said this Tuesday as he refused to act as referee between the two candidates.
Bautista was reported as saying he does not intend to mediate between the feuding candidates and will let them settle their differences.
“It’s my philosophy that, like in boxing, as a referee, there are rules that must be followed, like no hitting below the belt, or no elbowing. Other than that, let them be,” he said.
On Monday, Roxas dared Duterte to make good his threat of slapping him.
Duterte earlier challenged Roxas to a slapping match “when they cross paths” in response to the administration candidate’s claim that Davao City is not among the safest places in the country.
Roxas laughed off Duterte’s claim of having the safest city in the country, saying it was just a product of the mayor’s imagination.Bautista noted the escalating exchange of threats between the two protagonists.
“As you know, elections are not for the onion-skinned. Elections are not for those who are thin-skinned. Things like that are part of elections and I don’t think Comelec should step in,” he said.
Bautista, however, said the incidents could actually help provide the voters “a holistic view” of the candidates.“I believe the Filipinos can vote wisely. They can choose the leaders that they want to elect,” he said.
***
Reports have it that after Duterte accepted a challenge to a slapping match, Roxas   proposed to slug it out.While admitting that he was disappointed with himself for challenging Duterte to a slapping match, Roxas said he is ready to engage in a fistfight with the tough-talking mayor, whom he branded a bully.
In response, Duterte said he and Roxas should not just resort to slapping or punching each other, but should have a gun duel.
“Just do what you want to do. And the slapping match? Bakit pa sampalan? Pambabae ‘yan. Suntukan na lang, di ba? (Why a slapping match? That’s for girls. How about a fistfight)?”Roxas told reporters Tuesday at the Liberal Party (LP)’s Balay headquarters in Quezon City.
“This is very simple. I am very sober and I am focused on what is good for the country,” he added.Roxas said he was not able to control his emotions when he said he was ready to have a slapping match with Duterte.“I was disappointed with myself and I was distracted,” he said.
The LP standard bearer, however, remained provocative and even gave his address in Quezon City in case Duterte wishes to go there to slap him.
“Talk. Talk. Talk. That’s all you do, Digong. You keep on talking… (gives address in Cubao, Quezon City). I will wait for you,” Roxas said, referring to the mayor by his nickname.
Duterte, however, said a fistfight is not enough.
“Huwag na ang suntukan, barilan na lang (No to a fistfight, let’s have a gun fight),” quipped Duterte on the challenge of Roxas.
Duterte said that Roxas is a rich man so he is afraid to die.
The mayor even said earlier that he is willing to go to Roxas’ house in Cubao, Quezon City where he could slap Roxas in front of his mother Judy Araneta-Roxas.
“Do not fool us, Mar,” Duterte said.Duterte said Roxas is a fraud for claiming he is a graduate of the Wharton School of Economics when he is not. Roxas said he had records to show he was indeed a graduate. Wharton administrators, when reached by media, said Roxas indeed graduated in the prestigious school.   
***
This, as Speaker Feliciano Belmonte Jr. stepped into the fray saying Duterte should first name the criminals he claimed he has killed before airing challenges to his political opponents.
“In the interest of the people knowing (the facts), he has to identify them. He’d have more swagger if he names them all but he can at least name a few,” Belmonte told reporters.
The Speaker said he remains a good friend of Duterte, his former colleague in Congress.“I’m not quarreling with him. If he names them, there can be a proper investigation,” Belmonte said.
The rift between Roxas and Duterte started last October when the mayor accused the LP camp of spreading rumors that he has throat cancer. Roxas, who used to be a close friend of Duterte, has denied the allegation.
The word war resumed early this month after Roxas said that Davao City under Duterte is far from being one of the safest places in the country.
Citing statistics from local police, Roxas said there were about 18,000 crime incidents that transpired in the city last year.The comment appeared to have hit a raw nerve with Duterte, who has presents himself as a strong anti-crime crusader.
The mayor responded to Roxas’ statement by claiming that the LP presidential bet is not a graduate of Wharton School of Economics. He also threatened to slap Roxas if they see each other on the campaign trail.
***
It will still be wait-and-see on who will be eligible for next year’s polls including presidential bets as the provisional list of candidates for next year’s polls will be out on Dec. 23.  
It has been delayed by a week or from the original schedule of Dec. 15, Comelec’s Bautista said Tuesday. “The question is – until when can we still edit (the lists)?” he said. “We were told until Jan. 8.” 
The poll body is eyeing the final list to be released on Jan. 8 next year, at which time changes will no longer be allowed because ballot printing has been scheduled to start by third week of January, according to Bautista.
They failed to meet the Dec. 15 deadline because of the volume of pending motions for reconsideration, he added.This includes the motion of Sen. Grace Poe, whom the Comelec Second Division disqualified last Dec. 1 based on the petition of lawyer Estrella Elamparo that she did not meet the requirements for citizenship and residency.
Twenty-nine other motions for reconsideration were received from aspirants for president, vice president and senators whom the Comelec declared motu proprio as nuisance candidates.
Reports said the Comelec will still allow their names to be printed on the ballots even if their motions for reconsideration have not been resolved with finality. “We will be doing marathon deliberations because we want all of these cases resolved soon,” Bautista said.  
***
Former first lady Imelda Marcos has confirmed the installation of new leaders of the Kilusang Bagong Lipunan (KBL), the party founded by her late husband, former President Ferdinand Marcos in 1978.
In a letter to the Commission on Elections (Comelec), Marcos said Jose Jaime Opinion is the new party chairman and president in lieu of his late father Jaime Opinion.
The certification was among the documents submitted in reply to the petition filed by long-time president Vicente Millora, who is seeking the nullification of Opinion’s installation as new party leader.
Opinion also alleged in the reply that Millora has resigned as party president and that Marcos, KBL president emeritus, affirmed the new leadership.
Millora has contested this, saying Marcos has no authority to reorganize the KBL that he founded in 1992. His petition also states that he has been the party president since 1992 and that he was elected at a convention held at the Celebrity Plaza in Quezon city.
He said the Comelec recognized him as “KBL Millora wing” and that it was under this party that the former first lady ran for president in the 1992 elections. 
“In all the elections since 1992 until 2010 the petitioner has been the sole nominating officer of the KBL,” he said. 
In 2013, the Millora petition alleged, Comelec recognized Opinion’s late father in his capacity as executive vice president to nominate local candidates after Millora went on leave.


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Quo vadis, Grace?

PERRYSCOPE 
Perry Diaz

Last Nov. 17,  Sen. Grace Poe-Llamanzares had a reason to be jubilant! By a 5-4 vote of the Senate Electoral Tribunal (SET), the disqualification complaint against her was thrown out.  With the vote of five senators, Grace beat three Supreme Court justices in a “contest” that should have delved into the legality of Grace’s citizenship and residency. Instead the five senators ignored the facts and waded into the murky waters of political expediency.          
Grace must have felt like she was on top of the world… and indeed she was… until her world turned upside down two weeks later.   With five disqualification complaints against her before the Commission on Elections (Comelec), the Second Division disqualified her.  The division’s three members unanimously ruled that she is not a natural-born Filipino citizen and lacks the 10-year residency for candidates running for president.  
Double-whammy
Then two weeks later, the Comelec’s First Division, on a 2-1 vote, approved the petitions of former Sen. Francisco “Kit” Tatad, De La Salle University Prof. Antonio Contreras and former University of the East Law Dean Amado Valdez to disqualify Grace from the presidential race for the same reason as the Second Division’s ruling against her.
However, the double-whammy did not deter the former Montessori schoolteacher from pursuing the unfulfilled dream of her father whose stunning election loss and abbreviated life has become one of the most grieved political tragedies of our time.  
Now that she’s just one election away from achieving what some of her supporters believe was an act of providence, common sense stopped her just five months away from capturing Malacanang.  
But she questioned the Comelec’s rulings and insisted that she is a natural-born Filipino citizen and that she meets the residency requirements.  But the First Division said that Grace’s inconsistent statements on her residency indicate that she intended to deliberately misrepresent a material fact in her Certificate of Candidacy (COC) for president.  
The fact is: Grace stated that she has been a resident in the country since April 2006, which is contrary to her claims that she was residing in the country since May 2005.   “It is indeed incredible to think that Respondent, a well-educated woman and already then a public servant with full staff support, including a legal team, would not know how to correctly declare the facts material to her candidacy for the 13 May 2013 Elections,” the Comelec disqualification ruling said.
 Beleaguered but not out of the game, Grace said that she would appeal to the Comelec en banc and the Supreme Court to “uphold the truth, and the spirit and aims of our Constitution.”  Meanwhile, she insisted that she is still a candidate for president, which begs the question: How is she going to convince the Comelec en banc and the Supreme Court to declare her a “natural-born” citizen and has met the minimum residency requirements of the Constitution? 
Freefall
It’s interesting to note that Sen. Ferdinand “Bongbong” Marcos Jr. had offered to undergo a DNA test to see if it matches Grace’s DNA.  If their DNAs matched, then it could prove that Grace was the illegitimate daughter of Bongbong’s father, the late president Ferdinand E. Marcos Sr. who had been rumored to have fathered a child by Rosemarie Sonora, the sister of Grace’s adoptive mother Susan Roces.  
But Grace refused Bongbong’s offer saying that it wouldn’t prove anything.   But what has she got to lose by going through with the DNA testing?   She has everything to gain and nothing to lose except the fulfillment of her dreams.
With the disqualification of Grace, the presidential battle has changed direction with the entry of Davao City Mayor Rodrigo Duterte into the race.   The latest surveys show that Duterte is now the front runner in the race with Grace going on a freefall. 
 The other major presidential candidates – Vice President Jejomar Binay, Manuel “Mar” Roxas II, and Sen. Miriam Defensor Santiago – haven’t been affected by the Poe fallout.  But Binay, who had been the frontrunner for the longest time before Grace entered the presidential derby, is now stagnating in second or third place.  
And Roxas, who had been the stuck in the “5% club” for a long time, has improved in his popularity ratings.  However, the three of them are hovering below Duterte who seems to have solidified his position in the race.   With Poe hoping for a “miraculous” ruling from the Comelec and the Supreme Court, she would have a difficult time dislodging Duterte from the top of the ladder.      
In my humble opinion, Grace should abandon her presidential candidacy.  If she loses in her appeal to the Comelec en banc and the Supreme Court, she would be consigned to the dustbin of history.  However, if she wins a “miraculous” ruling by the Comelec and the Supreme Court, there is no guarantee that she could beat Duterte, whom the people dubbed the Lee Kuan Yew of the Philippines.  
Realpolitik
But a miracle might just be what Grace – who loves to wear white just like Joan of Arc -- needs to convince her followers that she was anointed by divine providence to deliver them from a sinful and corrupt political system, which makes one wonder:  Is she convinced that she has the power to stop Duterte just like when Joan of Arc stopped the siege of the superior English forces at Orleans, France in 1429?  Or is this all fantasy that would not happen in today’s realpolitik?   
And if there’s anything that would come close to being a “miracle,” it’s the ease of how fast she lost all her political allies and unmasked her enemies when things got rough.   Indeed, it’s a rude awakening for her to realize that in politics, there are no such things as friends, only those who’d use her to pursue their own interests.   
And in the short time that Grace was every presidential or vice presidential wannabe’s desired running mate, she must have felt an inner strength that defied the political detractors who were bent on destroying her. But that’s all behind her now.   And just like Joan of Arc, Grace found out that there were more powerful forces out there that are masters of realpolitik.  And now it’s time to ask:  Quo vadis, Grace?(PerryDiaz@gmail.com)


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Climate change mitigation

BANTAY GOBYERNO  
Ike SeƱeres

It is no longer possible to prevent climate change, but it is still possible to control it at a point that it no longer worsens. That is what the global summit in Paris is trying to do, to reduce greenhouse gas emissions to a point that it will not go beyond a limit that would already make the damage irreversible. It may just be a matter of semantics, but there is a big difference between climate change adaptation and climate change mitigation.
As I see it, adaptation sounds like a defeatist approach, as if we are already resigned to the fact that there is nothing that we could do about climate change except to adapt to it. I prefer mitigation as a more positive approach, somewhat akin to disaster risk mitigation.
 Accepting adaptation as the only way is just like accepting safety nets as the only way to deal with globalization. As in a circus, safety nets are installed on the presumption that the trapeze artists would fall. In the case of globalization, our best way is to prepare to win, and not to prepare to fall.
 In climate change therefore, we should prepare to prevent any more damage, rather than prepare to just adapt. No one seems to be stressing the point, but there is actually a direct correlation between climate change and disaster risk. On one hand, there should be climate change mitigation. On the other hand, there should be disaster risk mitigation.
 Climate change mitigation involves reducing greenhouse gases and increasing carbon sinks by way of reforestation. That is the simple mathematics of human survival. Scientists warn that once the tipping point of global warming is reached, climate change will become irreversible.
That leaves us with some breathing space; because that means that it is still reversible as of now. That sounds easier said than done, but that does not mean that it is not doable. Going back to the simple mathematics, all we have to do really is to decrease the consumption of petroleum fuels and to increase the production of oxygen.
Since the consumption of petroleum fuels boils down to the use of energy, the solution should be the utilization of renewable energy sources. The production of oxygen simply means restoring the natural forests, and not just simply planting trees.
Some countries have already set their own targets as to how much consumption of petroleum fuels they are going to reduce or to put it another way, how much volume of renewable energy they are going to utilize, both in terms of percentages.
Some countries have also set targets as to how much of the natural forest cover they are going to restore, also based on percentages. As it is now, humankind does not really have any choice but to do the simple mathematics.
The only way to reduce (subtraction) the percentage of using greenhouse gases is to increase (addition) the percentage of using renewable energy. The only way to reduce (subtraction) carbon dioxide is to increase (addition) oxygen.
 I do not know if anyone has proposed it before, but I now propose that all of our provinces should be required to set their own percentage targets for increasing their percentage of renewable energy production (and consumption) on one hand, and increasing their percentage of reforestation (restoration of forest cover) on the other hand. The key towards implementing this idea is data gathering and data base management.
At any given time, the provincial governments should know how much renewable energy they are already producing and consuming. They should also know how much of the natural (original) forest cover they are already able to restore.
 It’s a long story to tell, but the more forest cover they are able to restore, the more they would be able to increase their disaster risk mitigation, at least in terms of rains and floods. Scientists are saying that the more forest cover is restored, the more rains will come. And even if more rains will come, lesser floods would come, because the trees in the mountains would be able to absorb the rainwater in their roots.
Not only floods would be prevented, but soil erosion would also be prevented, thus reducing the risks of landslides. These two are just short term benefits, because the long term benefit really is for the trees to supply more water to the watersheds, waterways and aquifers.
There are actually more benefits to reforestation than meets the eye. Obviously, many of the trees in the forests would also supply food by way of fruits and other edible tree products. Aside from these, all of the trees could be trimmed to produce renewable energy by way of gasifier plants, also known as dendro thermal energy.
Let us remember that we lost our natural forests because we were cutting trees without replanting new seedlings. We should no longer commit the same mistake. There is nothing wrong with cutting trees for as long as we keep growing new trees to replace those that we have cut.
By the way, reforestation should also include the planting of mangroves in our shorelines, a smart thing to do because it will not only trigger a supply chain that will give us more seafood, but will also cool down the temperatures in the sea water thus also reducing global warming.
Going back to my proposal, the challenge of climate change mitigation should be subdivided to the provinces, leaving the tasks of overall management and monitoring to the national government. This is in line with the principle of subsidiarity, a principle that says that the biggest problems should be subdivided into the smallest manageable parts or delegated to the smallest productive units.
Due to their size, the provinces would generally encompass huge areas that are in effect the same areas covered by the natural ecosystems. If actions at the provincial level are not enough, then the coordination could be elevated to the regional levels by way of the Regional Development Councils (RDCs), thus enabling the provinces to cover the broader ecosystems.

Email bantaygobyerno-subscribe@yahoogroups.com or text +639369198429

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Oh Christmas tree, oh pagan tree


LETTERS FROM THE AGNO
by March Fianza

Decades ago, my playmates in the New Lucban neighborhood would get together to help dig out a young three-feet high Pine Tree growing on my grandmother’s hill that we transplant in a tin box. Every morning, my father waters the tree before he leaves for work. That became our Christmas tree for the rest of the holidays until a few days after New Year when the gifts under the tree were taken.
On any morning after that, my playmates and I would surprisingly find the Pine Tree replanted in the same spot where it was dug out. My playmates and I know that replanting was done by my father. That December routine went on for years but I was never of the reason why we did this. I only know that houses had Christmas trees every December. I remember that more than three of the replanted trees grew tall until these were indiscriminately cut down by squatters in 1987.
Replanting Christmas trees was fun until the tradition stopped when the law prevented people from cutting trees for environmental reasons. US President Theodore Roosevelt also banned the Christmas tree from the White House for environmental reasons. That was also the time in the Philippines, particularly Baguio or Benguet and anywhere where the use of Benguet Pine Trees as Christmas trees became limited.
Friends and I could have continued the practice considering that we did not cut down the tree, instead, we dug it up from the ground to be replanted. One thing more, the trees grew in my grandma’s hill.
********
Long before Christianity, plants and trees that remained green all year had a special meaning for people as it was believed that evergreens kept away witches, evil spirits and illness. In England, Christmas trees were sacred, and pilgrims tried hard to stop pagans from mocking Christmas.
In some parts of England, leaders gave sermons against atheist or pagan traditions of decorating trees and expressing praises that violated the sacred event so that a law was passed saying that the observance of December 25 was a penal offense and people were fined for hanging decorations.
But many 19th-century Americans were weirdos because they thought of Christmas trees as symbols of weakness when German settlers in Pennsylvania first displayed a Christmas tree in public view. This was seen as pagan symbols and not accepted by most Americans.
In Northern Europe, the winter solstice or the shortest day and longest night of the year falls on December 21 or December 22. Many early societies believed that on that winter season, the sun god becomes weak. But celebrations came because it meant that the sun god would begin to get well. Evergreen plants reminded them that plants that would grow again when the sun god became strong in the summer.
The same is true with ancient Egyptians who worshipped the sun god Ra. After the winter solstice when Ra becomes warmer, the Egyptians fill their homes with green palm and plants symbolizing the triumph of life over death.
In early Rome and in some other parts of Northern Europe, they celebrated the solstice by honoring Saturn, the god of agriculture, knowing that soon farms and orchards would be green and fruitful, while the aggressive Scandinavians considered evergreen trees as special plants of the sun god.
********
Martin Luther, the 16th-century Protestant reformer was believed to have been the first to add lighted candles to a Christmas tree. Accordingly, he erected a tree in the main room and tied lighted candles to its branches. Later, the helpers of Thomas Edison came up with the idea of electric lights that they installed on the branches of Christmas trees.
It was only in the early 20th century that Americans started decorating their trees with homemade stuffs, while the German-American sect continued to use apples, other fruits and nuts. Thanks to Edison, electricity made it possible for Christmas trees to glow for days and nights.
With this, Christmas trees began to appear in every American home and in town squares, to include the fake tree atop Session Road in Baguio. I believe, it should be dedicated to those who made it for allegedly shortchanging us with how much it really cost.
But at the same time, the inverted ice cream cone taken for a Christmas tree should best be dedicated to the poor and the hundreds of street kids that roam our barangays, reason why we celebrate Christmas. In addition, the money spent on it were involuntarily “donated” by them as the money should have been better spent for decent gifts that they receive only once a year.
To top it all, the Christmas tree is explained in a simple song that goes: “Oh Christmas tree, Oh Christmas tree, Thy leaves are so unchanging. For every year this Christmas tree, Brings to us joy and glee. Oh Christmas tree, Oh Christmas tree, Such pleasure do you bring me! Oh Christmas tree, Oh Christmas tree, You'll ever be unchanging! A symbol of goodwill and love, You'll ever be unchanging.”
Change, have we? Anyway, Merry Christmas to all!


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