Cebu workers group refiles minimun wage hike petition
Cebu Labor Coalition (CELAC) said they is hoping that members of the Regional Tripartite Wage and Productivity Board will decide in favor of the workers and approve their petition. But RTWPB members will be able take up the petition only next year.
The group first filed their petition last October but their petition was returned to them because of some technical problems like lack of signatures from the petitioners and computation attachments.
They filed their petition again Tuesday, a few days before Christmas.
Boboy Belarmino, CELAC spokesperson, said that they are hoping the RTWPB can take up their petition before the Christmas vacation. He said that the season for giving may have a good effect on the board's decision.
But Elias Cayanong, Department of Labor and Employment regional director and RTWPB chairman, said he has not yet seen the petition that was reportedly re-filed.
Palace vows release of state workers' bonus before Christmas
Senate OK's bill exempting senior citizens from VAT
Consumer group urges NTC abolition
TXTpower also called for a review of local telecommunications firms' franchises, saying these should be revoked if the companies are proven to be breaking the law in their implementation of the new per-pulse billing system.
"How the NTC has acted since issuing and attempting to implement its circular confirms the worst fears of consumers and members of Congress: That the NTC, the industry regulator, has apparently lost sight of its mandate and powers under law and allowed the telcos they are supposed to regulate to dictate telecom regulations in the country," TXTpower president Antonio Cruz said.
The group's calls come amid local mobile networks' defiance of an NTC memorandum ordering a switch to a new billing system that charges subscribers for every six-second pulse on a call. This will replace the prevailing per-minute charging that all companies use.
The new billing system was supposed to take effect last Dec. 16, but based on monitoring done by the NTC, none of the country's three mobile brands had complied.
While Smart Communications and Globe Telecom have offered a per-pulse billing option to subscribers with the use of prefixes, the NTC said this was not enough to comply with the order, which mandated that per-pulse billing be the default system.
No sanctions have been imposed on any of the companies.
"As of today, Smart, Globe and Sun remain recalcitrant and unapologetic for violating the NTC circular. The default charging for calls remain per-minute, not per-pulse," Cruz said.
He said one reason why companies have refused to implement the new billing system was because this would result in lower revenues for the Christmas season, when network traffic is expected to be at its heaviest.
Cruz said that although healthy competition among telecommunications companies was encouraged under law, particularly Republic Act No. 7925, this did not mean companies should be allowed to do whatever they want.
"The NTC admits through its action and inaction, that it is infected with a serious disease of Deregulation Complex. It always hides behind 'deregulation' to defend the telcos when consumers complain and when Congress raises the relevant questions," Cruz said.
Cruz said the NTC should either be replaced or be given more powers to regulate local companies and better protect consumer interests.
"A regulator must be the champion of the interests of the ... people, not of the telcos they are supposed to regulate," he added.
Old cities rap SC
THE League of Cities of the Philippines (LCP) will likely question the latest Supreme Court (SC) decision that upheld the conversion of 16 towns into cities, including three in Cebu.
Supreme Court violates own rules in cityhood case
These localities were
- Baybay in Leyte
- Bayugan in Agusan del Sur
- Batac in Ilocos Norte
- Bogo, Naga and Carcar in Cebu
- Borongan in Eastern Samar
- Cabadbaran in Agusan del Norte
- Catbalogan in Samar
- El Salvador in Misamis Oriental
- Guihulngan in Negros Oriental
- Tandag in Surigao del Sur
- Lamitan in Basilan
- Tayabas in Quezon
- Tabuk in Kalinga
- Mati in Davao Oriental
'Final and executory'
On Nov. 18, 2008, the Supreme Court, by a vote of 6-5,declared as unconstitutional the cityhood laws because they contain provisions that exempt the municipalities from the minimum income requirement of P100 million for them to become cities.
On May 21, 2009, the Court declared as "final and executory" the nullification of the said cityhood laws. The ruling was recorded in the entry of judgment, which means that the case is closed and the decision is ready for execution.
On June 2, 2009, the SC, in en banc resolution finally closed the case of the cityhood laws.
In a press statement issued June 10, the Court acknowledged the finality of the case. SC spokesman Midas Marquez said that the SC, in an en banc resolution, has "finally closed and terminated" the cases which declared the 16 cityhood laws as unconstitutional.
The statement said that the High Court held that "there can be no doubt of the intention of this Court to consider [these cases] finally closed and terminated." It also stressed that "basic is the rule in our judicial system that litigations must be terminated at some point."
This indicated that no further motions for reconsideration would be entertained by the Court.
Catastrophe in the making
Yet, the Court revived the 16 cityhood laws and reversed its decision. Voting 6-4, the tribunal on Monday reversed its ruling.
The 35-page ruling penned by Justice Presbitero Velasco Jr. declared valid the cityhood laws and set aside the "final and executory" ruling it made several months earlier.
In a phone interview, Abalos implied that the SC committed an irregular act.
"We are saddened and shocked. That is illegal," Abalos told Newsbreak, adding that the case could be a bad precedent. "All other decisions could be opened."
Abalos stressed that once a ruling had been recorded in the entry of judgment, "It is like the death certificate of the case."
Justice Antonio Carpio, in his dissenting opinion, warned that the Court's somersault in decided cases "would wreak havoc on well-settled jurisprudence" that could unleash a "catastrophe."
"Such an unprecedented ruling would resurrect contentious political issues long ago settled," Carpio said, citing as example the case of the People's Initiative for Reform, Modernization and Action, which gathered enough signatures in 1997 that could lift the constitutional limit on a president's term.
Motions for reconsideration
Abalos said that the recent ruling of the high tribunal raises question on judicial stability since the decision came after the Supreme Court have already declared that the case is closed.
The LCP has been protesting the conversion of unqualified cities, saying that they eat up portions of the Internal Revenue Allotments (IRA) for the existing cities. The IRA is the lifeblood of local government units.
Following the May 2009 final ruling of the SC, the Department of Budget and Management issued LBM No. 61, providing for the final allocation of the IRA of the existing cities for 2009.
After the first ruling nullifying the cityhood of the 16 LGUs, 2 motions for reconsideration (MR) were filed by the 16 affected LGUs, which called themselves the League of 16.
On March 31, 2009, the SC, by a vote of 7-5, denied the first MR for lack of merit. The High Tribunal also said that no further pleadings should be entertained.
On April 28, 2009, the Court, by a vote of 6-6, denied a second MR, again for lack of merit. The tribunal also said that no further pleadings should be entertained and that an entry of judgement shall be made in due course.
A tie in the voting does not reverse a case.
Define 'majority'
However, in reversing itself, the Supreme Court said that the deadlocked vote on April 28, 2009, "does not reflect the majority of the members."
"Webster defines 'majority' as 'a number greater than half of a total.' In plain language, this means 50% plus one," said Velasco, who penned the fresh decision.
Velasco also said that no violation of equal protection clause has been made by the cityhood laws.
"While the equal protection guarantee frowns upon the creation of a privileged class without justification, inherent in equality clause is the exhortation for the Legislature to pass laws promoting equality or reducing inequalities. The enactment of the cityhood laws was in real sense an attempt on the part of the Congress to address the inequality dealt the respondent LGUs" the decision reads.
Ironically, Velasco, the ponente of the new ruling, voted for the nullification of 16 cities in November last year.
Carpio, who wrote the dissenting opinion, said that the 6-6 tie vote did not overrule the Nov. 18, 2008, decision that voided the creation of the 16 cities.
"These prior majority actions of the Court en banc can only be overruled by a new majority vote, not a tie vote because a tie vote cannot over rule prior affirmative action," Carpio wrote.
"The tie in the voting does not leave the case undecided," he said, adding that the November 2008 decision and March 2009 resolution much stand "in view of the failure of the members of the Court en banc to muster the necessary vote for their reconsideration." (Newsbreak)
Comelec clears Kusug bets: papers 'sufficient, in order'
KUSUG'S aspirants will be included in the official list of candidates in the 2010 polls after the Commission on Elections (Comelec).
'Assassination plot' v. mayor's nephew foiled at party
TWO drunken members of an anti-crime group were arrested for bringing an unlicensed .22 magnum revolver at a Christmas party that Mayor Arturo Radaza and his group hosted for over 600 barangay workers inside the Lapu-Lapu City Cultural and Sports Complex last Tuesday.
Alfie Gabato, 43, a member of the International Guardian Brotherhood Association, and Valeriano Bacalso, 33, a member of the Citizens Police Auxiliary Group or Barangay Intelligence Network (BIN), were allegedly out to kill the mayor's nephew, Harry Radaza, who is running for the City Council.
Their affiliation to these groups led the Ra-daza camp to believe that they were sent by Interior and Local Government Undersecretary Lito Ruiz, who is running against Arturo for the seventh congressional seat.
Ruiz's reaction
But Ruiz, who is also reportedly organizing his own police auxiliary force and is a supreme godfather of the Guardian, described the alleged foiled plot as scripted by a bankrupt mind.
"It's too predictable. It seemed like a scene from a TV show. The mayor should come up with something that is believable," he said in Cebuano in a phone interview.
Gabato and Bacalso allegedly drew attention by talking harshly to people who got near them.
Bacalso also went to the presidential table where Arturo, his wife Paz and their slate for councilors were sitting.
Bacalso went up to Harry to ask the latter for food. The pack that Harry gave him contained only rice so he returned to ask for some meat, and as Harry handed some meat, a slice of it fell on the floor.
Frisked
Bacalso leaned over to pick it up, and at the same time put his hand inside the black bag he was carrying.
As he and Gabato walked towards the exit door, security personnel, who was suspicious of their actions, frisked them. A scuffle took place until the security personnel allegedly seized the gun from Bacalso's bag.
Harry said Bacalso was two feet away from him and could have killed him.
Because of the incident, Arturo said, he will request the Commission on Elections (Comelec) for police security for his wife Paz, who is running for mayor, and Harry.
"We won't wait till one of us gets shot… or one of gets killed," he said in Cebuano, adding that the security policy during the barangay pulong-pulong will be reviewed for the safety of each Lakas-Kampi-CMD bet.
Target
Arturo is running under the Nationalist People's Coalition banner. The group's campaign manager is Harry.
"I've become their target because of the vital role I play in the group," said Harry, without accusing anybody from the rival party as mastermind.
Two weeks ago, he said he received a death threat, through text message, urging him to be extra vigilant because he will be assassinated.
Bacalso and Gabato are detained at the Lapu-Lapu City Police Office.
They were charged with illegal possession of firearms, but lawyer Francisco Senerpida said his group will file a separate complaint for alarm and scandal against the two.
The mayor said there is no other person capable of sending people from the BIN and the Guardian, except Ruiz.
Premne brod denies police official made threats on BOC agents
THE Police Regional Office (PRO) 7 is initiating an administrative investigation against Supt. Mersan Premne, amid allegations he stopped customs officials from intercepting some smuggled cars.
The brother, who refused to give his name, said that Supt. Premne runs a "small" car business, and bought the units without knowing these were suspected of being smuggled.
"Igo ra man siya nipalit atong mga awtoha (He just bought those cars)," the brother said.
Meanwhile, the majority floor leader of the Mandaue City Council believes it was their resolution "exposing" Supt. Premne's alleged wrongdoing that caused the official's relief.
Mandaue City Police Director Orlando Ualat said the former deputy director's transfer to the PNP Training Service was ordered by higher officials, for reasons Ualat was not told.
Ualat believes it has something to do with Premne's conflict with some city councilors.
Authored by Majority Floor Leader Victor Biaño, the resolution in question asked PRO 7 Director Federico Terte to investigate Premne's alleged involvement in an "illegal" business.
In previous interviews, Premne described the allegations—that he protected illegal drug personalities and fuel smugglers—as baseless.
Premne has filed a libel case against Biaño, but Biaño said it was dismissed.
Palace declares unilateral Christmas truce with communists
CPP also declares 5-day holiday truce vs govt, military
Mayon shoots ash column, major eruption nears—Phivolcs
Arroyo goes straight to Albay after HK vacation
Arroyo wants forced evacuation at Mayon probed
Comelec urged to drum up interest in extended registration
Get rid of mañana habit, Comelec tells voters
Palace backs early ARMM polls
Early ARMM elections depends on Senate—Nograles
Early elections in ARMM possible even without Congress nod—Pimentel
Suspended officials still covered by three-term limit
SWS: Satisfaction with VP de Castro, Enrile dips
The Third Quarter 2009 Social Weather Survey, conducted from September 18-21, 2009, found 58% satisfied and 26% dissatisfied with de Castro's performance for a net satisfaction rating of +32. SWS said the new rating is 12 points down from the good +44 in June 2009, but similar to the good +36 in February 2009.
Public satisfaction with Senate President Juan Ponce Enrile also took a dip in the last survey. Enrile had a net satisfaction rating of moderate +14, 9 points down from the moderate +23 in the previous quarter.
Chief Justice Reynato Puno had a net satisfaction of +2, which is 2 points lower than the +4 net satisfaction he got in June.
The net satisfaction rating of Speaker Nograles remained poor at –20 now, from –22 in February and –15 in June. His net satisfaction rating has been poor since SWS began surveying it on March 2008.
Satisfaction ratings of top gov't institutions
The September 2009 survey found 54% satisfied and 24% dissatisfied with the performance of the Senate, or a good net +30, unchanged from +30 in June 2009.
There were 41% satisfied and 30% dissatisfied with the House of Representatives, for a moderate net satisfaction rating of +10, similar to the moderate +12 in the previous quarter after improving from a neutral +2 in February 2009.
The survey found 43% satisfied and 29% dissatisfied with the performance of the Supreme Court, or a moderate +14, similar to +17 in the previous quarter.
It found 33% satisfied and 38% dissatisfied with the Cabinet as a whole, or a neutral –5, similar to +3 in the previous quarter. The net satisfaction rating of the Cabinet has been consistently neutral since August 2005, except in March 2006 and March 2008 when it was at net –10.
PDEA takes custody of cocaine bricks recovered by Samar fishermen
Arroyo names AFP chief's brother as acting National Security Adviser
'Tough lady prosecutor' to handle Ampatuan massacre case
Gov't eyes Army camps for detention of massacre suspects
Don't be unkind to Ampatuan's lawyer, senator urges media
2 lawyers in massacre honored by colleagues
Acting governor names new ARMM execs
American pleads guilty to sex with Filipino minors
Another Filipino sailor's body found off Damascus
Somalia assures RP of 53 seamen's rescue
Osama bin Laden's wife and six children in Iran
Passenger plane crashes in Jamaica injuring 40
Close to 200 crocodiles captured in Australia
Mayweather blasts Pacquiao for refusing blood tests
Boxing buzz: Mayweather dumps Pacquiao
Arum starts considering Plan B for Pacquiao
Roach: Mayweather's just scared
Donaire headlines 'Pinoy Power 3'
TNT rides on Alapag's heroics, blanks Sta. Lucia
Corteza, Oryan top national billiards tilt
PBB fan dies of heart attack while watching show
Liezl Martinez finally confirms breast cancer rumor
Miriam gets high-tech handgun as Xmas gift
"Binigayan ako ng asawa ko ng mas mabigat na baril. It's an HK (My husband gave me a powerful firearm. It's an HK)," Santiago said in an interview on dzXL radio.
Santiago's husband was appointed by President Gloria Macapagal Arroyo as presidential adviser on revenue enhancement.
Heckler & Koch is a German defense firm that makes small firearms such as the MP5 submachine gun, G3 automatic rifle and the G36 assault rifle.
It also makes the MP7 personal defense weapon, USP series of handguns and the high-precision PSG1 sniper rifle.
Angelina Jolie believes in free love
Mike Ditka - "If God had wanted man to play soccer, he wouldn't have given us arms."
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