Thursday, January 26, 2017

8 Tricks To Seamlessly Become Both A Business And Legal Professional | Above the Law





John Orta is the General Counsel and Corporate Secretary at Metromile (US insurance company). His advice to “lawyers seeking to break into business, and business professionals seeking to break into law” are quoted below. Filipino lawyers will find them useful.

“x x x.

1. Roll Up Your Sleeves: As a startup veteran, Orta believes “Startups are a perfect place to break into a business role, though keep in mind it is not as easy and as glamorous as it sounds.” 

“If something needs to get done, just roll up your sleeves, show your commitment and value, and then learn a lot of business skills in the process. Even manning the front desk — which is something I do regularly — will teach you a lot.”

2. Leave Your Ego at the Door: You will likely work with colleagues who have less education, though possibly more experience, than you do. You need to be open minded to all ideas." 

“For example, on more than one occasion I’ve discovered what provisions in our contracts might be unnecessarily confusing by listening to feedback from the sales and customer support teams. Easy fixes like that make everyone’s life easier.”

3. Have Confidence in Your Business Skills: “Just because someone has a J.D. or is a member of the bar association doesn’t mean they’ve checked their business sense at the door.” 

In fact, Orta strongly believes in evaluating lawyers on multiple dimensions, just like we do with all other business professionals. For example, Orta is a skilled attorney, but also has HR skills. 

“I love being responsible for HR. It gives me immense pleasure to figure out how to discover, hire, and retain talent. And talent is a big part of success in Silicon Valley, where daily competition for talent is fierce,” he says.

4. Become Good at Math: Orta doesn’t laugh at the old adage that lawyers go to law school because they’re bad at math. 

Any lawyer hoping to transition into the business world needs to have some skill with numbers. 

“It is hard to build a company on a purely qualitative value proposition,” he explains. That is a sure road to a business failure.” 

Lawyers who are “bad at math” can learn these skills in business school or take classes on essential math skills, such as financial statement analysis, while earning their J.D. 

However you attain it, a grasp on numbers is a must, according to Orta. “Numbers move markets. Numbers build business. Numbers explain partnerships. If you can’t follow the money, your value at the table is highly limited if it exists at all,” he says. 

“At the end of the day lower costs, higher revenue, more customers, and other similar quantifying metrics dramatically increase the odds of success.” 

A business with no numbers is like a bird without wings — it just won’t fly.

5. Actively Know the Business: When Orta hires attorneys for his team, business savvy is an absolute must. “I screen for attorneys who are curious and ask questions. 

As lawyers, we are almost always the only people in the company who read the fine print,” he explains. 

“So, we need to understand the company’s business, why we do certain things, and what implications they may have for the future.”

6. Go Beyond Redlines: According to Orta, a key behind adding actual value is thinking past standard redlines. 

“People assume the lawyers will deal with warranty or indemnification provisions, but those are often the least important aspects of deal. The real value-add happens when in-house counsel understand the business objectives so that they can accurately describe — and often question — the structure of the arrangement.”

7. Listen Before Talking: Unlike the adversarial nature in much of the legal world, the business world is a team sport

“You can’t be a good team player unless you listen first, and then show a genuine interest in the ideas of others by asking relevant and meaningful questions,” says Orta. 

“There is an art in asking a question,” Orta explains. “You must listen with intent toward identifying and truly understanding the issues, the impact of those issues on the company, clients, and employees, and the importance of a timely solution.”

8. Build Lasting Relationships: “At every job since business school, I’ve worked with someone who knew my work. For example, I found my current opportunity at Metromile through the Head of Product who I worked with at OpenTable.” Similaly, Orta says, “I found my opportunity at OpenTable through the CFO, with whom I worked at E-Loan.” Orta emphasizes that the business world is small, and the startup world is even smaller. 

“Ultimately people, and business people specifically, like to work with people with whom they’ve worked well in the past.” It is wise to build deep and wide relationships at work if you are at all interested in transitioning to a business role."

X x x.”

Reactions of Catholic Church leaders to Duterte’s latest foul-mouthed, unpresidential and disrespectful tirades and cusses against Catholic bishops and priests


(1) “The Church would continue to criticize President Rodrigo Duterte’s war on drugs…”

(2) “The Church would continue to be understanding and very patient with Mr. Duterte…”

(3) “Even before, the Church has been very, very understanding, and very, very patient.”

(4) “We just need to understand the President. I think [his tirade] was an outburst born out of anger.”

(5) “The CBCP desires to end all the bickering between the Church and the President but the Church leaders will continue to speak against the methods employed by the Duterte administration in its campaign against illegal drugs.” 

(Note: More than 7,000 people have been killed by police and unknown assailants since Duterte launched his war on drugs after taking office in June last year).

(6) “The Church is not the enemy of the President or of the government.”

(7) “We have the same intention to end criminality and the drug problem, but perhaps we differ in strategies.”

(8) “We do not condone criminality, but we continue to emphasize that [punishment] must be done in a legal manner.”

(9) “If Mr. Duterte did not have immunity from suit, I would bring defamation and libel charges against him”. (Bishop Ted Bacani).

(10) “A bishop or priest who is guilty of a serious offense should indeed resign if their continued stay in their position harms the Church and the faithful.”

(11) “We bishops have a mandate from God, appointed by the Holy Father. We can resign only to the Pope, not to anyone, even to the President.”

(12) “We have our shortcomings and sometimes we fail but we are contrite and rise up. And God forgives and trusts us again and again. God will never resort to our past. Let God be our judge. Let our people decide for us.”

(13) “Duterte is entitled to his opinion. Doctors should not stop healing people just because they get sick. Nobody is perfect.”

(14) “Duterte’s words were uttered thoughtlessly, not worthy of consideration.”

(15) “When insulted, the Lord Jesus has taught us not to retaliate. We should rather respond with prayer.”

(16) “While we are hurt by Mr. Duterte’s attack, it is improper for us to be angry”.

(17) “Let us not be carried away by emotions and react negatively. That is not fruitful.”

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A ranking official of the Catholic Bishops’ Conference of the Philippines (CBCP) on Wednesday said the Church would continue to criticize President Rodrigo Duterte’s war on drugs, after the foulmouthed leader attacked the clergy anew on Tuesday, saying…
NEWSINFO.INQUIRER.NET|BY JHESSET ENANO, LEILA B. SALAVERRIA

Words of wisdom from the Chief Justice


Excerpts from the speech delivered yesterday by the Chief Justice to the Management Association of the Philippines:

(1) "If you believe that the judiciary's leadership is sincere, what I ask you in turn is to continue to believe in the rule of law. It is only when institutions faithfully comply with what the law requires can we experience long-term stability as a country, even beyond changes in administration.

(2) "I also ask you to help the judiciary defend its reforms by not confusing our role with those of the rest in the criminal justice sector. It is the role of the police to investigate and build evidence. That of the prosecutor to prosecute and win the case on behalf of the state, and the role of the judge is to be fair to both the accused and the state by rendering judgement only on the basis of the evidence."

(3) "I also ask you to continue supporting the various judicial reform initiatives in which we have engaged you in."

(4) "Despite all of these positive gains and even greater potential gains, we have to face the reality of the daily accounts of unsolved killings, many of them, committed brazenly, with public warnings, against drug pushing or addiction. It is not surprising, therefore, that perception of the rule of law in our country has swam from marked improvement to a downgrade."

(5) "It requires therefore that all the 3 branches of government and the independent constitutional bodies reflect on how they have been discharging their roles in a way that has brought about the state of affairs. 

(6) "The government pillars of criminal justice, that is, the judiciary, the Department of Justice and its attached agencies, including the National Prosecution Service and the National Bureau of Investigation and the Philippine National Police, must come together to ponder what kind of genuine changes are required to bring about real justice."

(7) "I leave you with a thought that to support the judiciary is to support not only our democracy but also to engender an environment conducive to economic growth. Any effort to weaken the judiciary is to weaken our country. We can only ensure protection of the rights of every citizen, including those of the business sector, if we have a judiciary that is truly independent and strong.".

Wednesday, January 25, 2017

Dear CJ Sereno » Manila Bulletin News









"x x x.

"Dear CJ Sereno"
By Gemma Cruz Araneta
Published January 23, 2017, 10:00 PM

Tomorrow, you are going to be our guest of honor and speaker at the monthly general assembly meeting of the Management Association of the Philippines (MAP). For obvious reasons, you will be bombarded with a lot of questions, so I hope you will stay long enough for the Q&A portion.

Early on, as soon as you were appointed chief justice, you humbly admitted that the judiciary is fraught with corruption, that there are members “involved in wrong doings” but that the Supreme Court definitely does not condone such actions. On the 115th anniversary of the Supreme Court, you affirmed that corruption still persists not only among judges, but also in the lower echelons—the sheriffs, stenographers, administrators, and whoever else may be involved with the judicial system. You assured Pres. R. Duterte of your support for his battle against corruption.

“We are aware that corruption is an obstacle to development,” you declared, “It is a complex problem which has to be confronted.” In fact, since youwere appointed chief justice in 2012, by Pres. Benigno Aquino III, the Supreme Court has already dismissed 12 judges and suspended 13, including a Sandiganbayan justice, fined 88, reprimanded 18, admonished 31, while 3 forfeited their benefits.The Supreme Court disbarred 31 lawyers and suspended 194 from the practice of law. I have read reports that your unyielding efforts to combat corruption have taken their toll, so you have asked the Philippine National Police to train judges how to handle guns and issue them permits to bring firearms.

If memory serves, during the TOFIL awarding ceremonies in 2014 you expounded on the state of our judicial system. There are only 2,000 courts nationwide that serve a population of a hundred million; clearly the Philippines justice sector is gravely undermanned, if you compare that ratio to the developed countries’. Your most formidable challenge is to improve the access to justice. There are many stumbling blocks, you said, for example, the high cost of transportation to the court room, prohibitive fees of private lawyers coupled with the dearth of paralegals for the poorest sectors of society, the disproportion between an increasing population and the availability of legal assistance. You emphasized that to hasten the pace of accessibility, the Judiciary needs to work in coordination with the Chief Executive through the Department of Justice because legal aid is the concern of the public attorney’s office, which is also terribly undermanned. You appealed to law schools and the Integrated Bar of the Philippines to provide interns who can offer legal aid services. Have they heeded your call, CJ Sereno?

I hope you won’t mind, but I will ask you about the re-imposition of the death penalty and Pres. R. Duterte’s menacing comments about martial law. You may decline to publicly talk about the death penalty as I read somewhere that you would rather wait until it becomes a law. Perhaps I should ask about Senator Pacquiao’s revelation that the Bible allows the death penalty, as evident in the case of Jesus Christ.

Apparently, President Duterte was riled about your letter regarding the judges in his narco list because you pointed out some errors; he said the Supreme Court should not meddle in his war against drugs and if it does, he could very well impose martial law. Too ladylike to pick a fight, you very calmly said the Supreme Court needs to have a good relationship with the Executive Department no matter who is the president. However, you very quietly but firmly stressed that the judiciary must maintain its independence. Your exact words were: “It’s a bright red line you must not cross. I hope the people will support the judiciary’s bid for independence…. It is important for members of the judiciary, particularly the judges, to keep their ‘dignified silence.’”

I heard you are improving the Court’s process review systems; I expect that you will give us an update tomorrow. This is the first time a Chief justice introduces the Key Performance Indicator (KPI) and you have set a target of 300 cases for every trial court; woe to the judges who have the bad habit of sitting on 2,000 or more cases. Access to justice is has always been your primary advocacy and you believe that technology is key to accomplishing your ultimate objective. Remarkably, there was no resistance to the KPI even from judges aged 50 and above. What were the results of the pilot tests in Quezon City and in Tacloban after super-typhoon Yolanda?

Last year, during a television interview by Mr. Howie Severino, you said that Apolinario Mabini is one of the intellectuals you admire because he had “juristic philosophy” and tried to build a system of legal thought for the First Philippine Republic. Unfortunately, he was eased out of Aguinaldo’s cabinet and died before he was 50. You said we should pay more attention to Mabini. How reassuring that the “Brains of the Revolution” is one of your heroes. See you tomorrow, your Honor.

(ggc1898@gmail.com)

x x x."

Duterte's decision to re-investigate the Mamasapano Incident via an ad hoc presidential commission under his direct and indirect influence as the Executive, partakes of "political harassment" against Aquino and the Liberal Party.





In re: the 2015 Mamasapano Incident where Muslim rebels killed forty four (44) Special Acton Force (SAF) policemen, Duterte told Aquino:

“I’m addressing myself to former President Aquino. I don’t have any quarrel with you. I don’t want to disturb your life now that you are retired … But all the investigations unfortunately left a void and unless we address the issues and find the reasons why, (only) then will the families of the SAF 44 have a respite.”

Note that the Office of the Ombudsman has acted on the report of the Senate committee, led by Poe, that investigated the incident in 2015.

The Ombudsman has filed cases in the Sandiganbayan against Purisima and Napenas. (Duterte's justice secretary Aguirre was the lawyer of Napenas during the Senate and Ombudsman hearings).

Recall that an anti-crime group has also filed a case against Aquino, et al for "reckless imprudence resulting in multiple homicide".

If I am not mistaken, I think it was the VACC (which has been identified with the Duterte camp since the start of the 2015 presidential campaign).

The said criminal case for "reckless imprudence resulting in multiple homicide" is still pending investigation in the Office of the Ombudsman.

Notwithstanding the assumption of jurisdiction by the Office of the Ombudsman over all pending criminal and administrative cases arising from and related to the Mamasapano Incident, Duterte shall create an ad hoc presidential commission -- the composition of which he shall determine and appoint and which commission shall be directly under the Office of the President -- to "re-investigate" the Mamasapano Incident.

Duterte's excuses are that the Senate investigation had allegedly left "a void" and that the families of the killed policemen need to know "the issues and find the reasons why".

He did not define what the alleged "void" was.

I suspect that the void Duterte refers to is the failure of the Ombudsman to indict and prosecute Aquino before the Sandiganbayan.

Duterte is after the neck of Aquino himself.

Duterte knows that Aquino is no longer protected by the mantle of "presidential immunity from suit", his term of office having expired on June 30 last year.

Duterte now has a chance to shame Aquino via his ad hoc reinvestigative presidential commission.

The Senate committee report was thorough, deep and comprehensive.

However, it could not subpoena Aquino to testify before it in 2015 because of the latter's presidential immunity.

Duterte's decision to re-investigate the Mamasapano Incident via an ad hoc presidential commission under his direct and indirect influence as the Executive, partakes of "political harassment" against Aquino and the Liberal Party.

Last year, it was reported that the LP was scheduled to meet this month to clarify and strengthen its role as a genuine Opposition to enhance Philippine Democracy.

The Duterte re-investigation scheme is a tactical move to divert the attention of the Filipino people away from Duterte's:

* deadly and brutal war on drugs, 
* the condemnation by the UN and the whole world of his gross human rights violations, 
* his total surrender of the West Philippine Sea to China, 
* his anti-American hatred and impulsive pivot from Democracy to Communism, 
* his lack of economic focus in governance, 
* his self-serving Con-Com scheme to railroad the overhaul of the Constitution to impose Federalism, Constitutional Dictatorship, and elimination of election term limits, among other things,

and many other serious and grave political, economic and constitutional issues against the Duterte regime.

Duterte's hatred for what he and his social media trolls call the Yellowtards (i.e., Aquino, Roxas, and other LP leaders and members as well as non-LP independent-minded critics) is behind his harassment-motivated re-investigation scheme.

Senator Grace Poe welcomed on Wednesday the creation of an independent commission that would look into the Mamasapano incident as she recognized the “limitations” of the Senate probe she
NEWSINFO.INQUIRER.NET|BY MAILA AGER

Tuesday, January 24, 2017

TENTH REGULAR FOREIGN INVESTMENT NEGATIVE LIST, 2015





EXECUTIVE ORDER NO. 184

PROMULGATING THE TENTH REGULAR FOREIGN INVESTMENT NEGATIVE LIST

WHEREAS, Republic Act (RA) No. 7042, also known as the “Foreign Investments Act of 1991,” as amended by RA No. 8179, provides for the formulation of a Regular Foreign Investment Negative List, covering investment areas/activities which are open to foreign investors and/or reserved to Filipino nationals; and

WHEREAS, there is a need to formulate the Tenth Regular Foreign Investment Negative List, replacing the Ninth Regular Foreign Investment Negative List, to reflect changes to List A, pursuant to existing laws.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Tenth Regular Foreign Investment Negative List. Only the investment areas and/or activities listed in the Annex hereof shall be reserved to Philippine nationals, and hereafter shall be referred to as the Tenth Regular Foreign Investment Negative List. The extent of foreign equity participation in these areas shall be limited to the percentages indicated in the List.

SECTION 2. Amendments. Amendments to List A may be made at any time to reflect changes instituted in specific laws while amendments to List B shall not be made more often than once every two years, pursuant to Section 8 of RA No. 7042, as amended, and its revised implementing rules and regulations.

SECTION 3. Repeal. All issuances, orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 4. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 5. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

DONE, in the City of Manila, this 29th day of May, in the year of our Lord Two Thousand and Fifteen.

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary


RESOURCES:

Philippines - Licensing Requirements for Professional Services





"x x x.

On May 29, 2015, the Government issued Executive Order No.184, Series of 2015 which promulgated the 10th Foreign Investment Negative List (FINL) (http://www.gov.ph/2015/05/29/executive-order-no-184-s-2015/)

The Philippine Government relaxed the restrictions on the practice of profession of foreign individuals in the Philippines. 

The 10th FINL decreased the number of professions that are reserved only to Filipino nationals. The professions reserved only to Filipino nationals are pharmacy; radiologic and X-ray technology; criminology; forestry; and law. 

The Professional Regulation Commission (PRC) and the Supreme Court (SC) are the official organizations mandated by the Philippine government to regulate and supervise the practice of various professionals. They are responsible for the administration, implementation, and enforcement of regulatory policies on the regulation and licensing of various professions and occupations under the Philippine jurisdiction.

Licensed professionals from foreign countries who wish to practice their professions in the Philippines, except in the practice of law, should obtain a special temporary permit from the PRC based on the provision of Republic Act 8981

The practice of law is reserved exclusively to Philippine citizens who have completed the requisite coursework at a duly accredited Philippine law school and have passed the bar examinations. The two exceptions to the citizenship and education requirement are (1) U.S. citizens who, before July 4, 1946, were licensed to practice before Philippine courts, and (2) Philippine citizens who were “enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the United States.”

Consequently, foreign lawyers cannot engage in the practice of law in the Philippines, and must be represented by a member of the Philippine Bar in all matters connected with such practice.

x x x."

China's 9-Dash Line Claim Is Bogus - 10 Reasons Why




"Most international law experts believe that China's so-called "indisputable sovereignty" over its maritime claim in the South China Sea has little merit, and is illegal under the United Convention on the Law of the Sea. The United States said that China's expansive claim increases the risk of confrontation, undermines regional stability, and dims the prospects for diplomacy, and paved the way for "US pivot" to Pacific. Philippines declares the claim is illegal and violates Philippines' and other nations' sovereign rights under UNCLOS. The Vietnamese president said that it has no legal foundation and scientific basis and rejected China's assertion. China defends its claim citing historical basis, most of which were taken from its imperial archives and ancient records. It has recently intensified its claim in the South China Sea which many believe to be a "gunboat diplomacy" against its weaker maritime neighbors.

South China Sea is composed of three main areas: Spratlys, (the biggest); Paracel, (the next biggest); and Scarborough Shoal (the smallest). All of them are being claimed by People's Republic of China and Taiwan. Spratlys is also being claimed partly by the Philippines, Vietnam, Brunei, Malaysia, and Indonesia; Scarborough by the Philippines; and Paracel by Vietnam."

The international law principle of RESPONSIBILITY TO PROTECT should serve as a warning to Duterte.

See - Office of The Special Adviser on The Prevention of Genocide




It is time for Duterte and his legal and foreign policy teams to study the new international law principle of RESPONSIBILITY TO PROTECT (human rights "universal jurisdiction" vs. "state sovereignty").

Under this principle, "SOVEREIGNTY no longer exclusively protects States from FOREIGN INTERFERENCE; it is a charge of responsibility that holds States accountable for the welfare of their people."

According to the United Nations:


"Prevention requires apportioning responsibility to and promoting collaboration between concerned States and the international community.

The duty to prevent and halt genocide and mass atrocities lies first and foremost with the State, but the international community has a role that CANNOT BE BLOCKED BY THE INVOCATION OF SOVEREIGNTY.

SOVEREIGNTY no longer exclusively protects States from FOREIGN INTERFERENCE; it is a charge of RESPONSIBILITY where States are ACCOUNTABLE for the welfare of their people.

This principle is enshrined in article 1 of the GENOCIDE CONVENTION and embodied in the principle of “SOVEREIGNTY AS RESPONSIBILITY” and in the concept of the RESPONSIBILITY TO PROTECT.

The three pillars of the responsibility to protect, as stipulated in the Outcome Document of the 2005 United Nations World Summit (A/RES/60/1, para. 138-140) and formulated in the Secretary-General's 2009 Report (A/63/677) on Implementing the Responsibility to Protect are:

* The STATE carries the PRIMARY RESPONSIBILITY for protecting populations from GENOCIDE, WAR CRIMES, AND CRIMES AGAINST HUMANITY and ETHNIC CLEANSING and their INCITEMENT;

* The INTERNATIONAL COMMUNITY has a responsibility to encourage and assist States in fulfilling this responsibility;

* The INTERNATIONAL COMMUNITY has a responsibility to use appropriate diplomatic, humanitarian and OTHER MEANS TO PROTECT THE POPULATIONS from these crimes.

* If a State is manifestly failing to protect its populations, the INTERNATIONAL COMMUNITY must be prepared to take COLLECTIVE ACTION to protect populations, in accordance with the CHARTER OF THE UNITED NATIONS."

Therefore, under the International Law principle of "RESPONSIBILITY TO PROTECT", Duterte cannot invoke the doctrine of "independence and sovereignty of the Philippines as a member state of the UN" to avoid lawful investigation, prosecution and interference by the INTERNATIONAL COMMUNITY if it is established that he is guilty of the crimes of GENOCIDE, WAR CRIMES, "CRIMES AGAINST HUMANITY", or ETHNIC CLEANSING and their "INCITEMENT" against his own people.

I refer, for instance, to his deadly, brutal and unconstitutional WAR ON DRUGS, which has so far produced 7,028 victims in less than seven months from his assumption to office as president.

Such a violent local war may be deemed as a CRIME AGAINST HUMANITY based on the "pervasiveness and regularity of the killings" and the "official state policy" in support thereof as enunciated by Duterte in his speeches and issuances.
Sovereignty no longer exclusively protects States from foreign interference; it is a charge of responsibility that holds States accountable for the welfare of their people.
UN.ORG

"We found that support for international law and the ICC doesn’t mean support for ICC investigations at home."



“x x x.

People like the International Criminal Court — as long as it targets other problems in other countries

By Terrence Chapman and Stephen Chaudoin 
The Washington Postt
January 20

In October, South Africa, Burundi and Gambia exited the ICC, raising new challenges for the relatively young war crimes court. A month later, Russia, which had signed — but not ratified — the initial 1998 Rome Statute that established the ICC, also withdrew, after the ICC issued a report labeling Russia’s actions in Crimea an “occupation.”

X x x.

Our previous research on global membership patterns suggests that the ICC has been successful in getting countries that already respect human rights to join. The ICC currently has 124 members. But nondemocratic countries and countries with a history of civil violence have generally been reluctant to join.

X x x.

The ICC now has a PR problem

According to Lord Mark Malloch-Brown, a former U.N. Deputy Secretary-General, the ICC has “found itself on the wrong side of a PR and political campaign.” Political leaders may support the court but face obstacles when their citizens distrust the meddling of international courts spearheaded by Western powers. At the same time, leaders themselves might stoke public opposition to the court to serve their own goals.

Kenyan candidate Uhuru Kenyatta adopted this strategy, campaigning on an anti-ICC platform in his successful bid for the presidency in 2013. The court had indicted Kenyatta and his running mate, William Ruto, for their alleged roles in violence following the 2007-2008 Kenyan elections. As candidates, they stoked opposition to the court by casting it as a tool of Western imperialism.

The tide of public opinion sometimes emerges bottom up, as a grass-roots backlash against perceived Western imperialism. Or it can be an elite-led strategy, coming from leaders who originally thought they could manipulate the ICC to prosecute rebels and political opponents.

X x x .

Such findings are difficult to square with the court’s recent experiences. In Kenya, support for the court was high at the outset of the ICC’s investigation but decreased substantially as the court began to target popular politicians.

In the Philippines, where the ICC has warned that President Rodrigo Duterte’s crackdown on drug dealers could constitute a crime against humanity, his anti-drug campaign remains very popular.

We found that support for international law and the ICC doesn’t mean support for ICC investigations at home.

X x x.

Notably, the citizens most likely to benefit from transnational justice efforts — ethnic Uzbeks living close to where the violence occurred — were among the least likely to support investigations, possibly for fear of upsetting a peaceful status quo or being targeted in reprisals. Even citizens who indicated that they were familiar the ICC had these negative reactions.

This phenomenon is also not simply a reaction of countries with less developed democratic institutions. We conducted the same type of survey in the United States and found similar patterns. Americans claim to support international law, but their support drops significantly when they are told that the law might target the United States.

X x x.

This tells us that populations often express support for international institutions like the ICC in the abstract but object to its application to their own countries and leaders. This appears to be the same dynamic we see unfolding in Africa.

X x x.

Although this analysis may not paint the most optimistic picture of the ICC’s future, it does point to a need to better understand the dynamics of the Court’s popular legitimacy in countries that might be most affected. As with courts in many other settings, the ICC’s ability to deter war crimes and prosecute those who have committed atrocities rests on perceptions of its legitimacy, as this shapes the willingness of political actors to cooperate with and enforce its decisions.

Our research suggests potential investigations often cause concern and trepidation among local populations (a finding echoed in Burundi — one of the countries withdrawing from the ICC). A better understanding of the conditions under which international legal interventions prompt a backlash vs. acceptance would do much to improve the court’s ability to survive the current crisis and have a successful future. This understanding would help orient the court and its advocates toward persuading publics of its many virtues.

Authors:
Terrence Chapman is an associate professor of government at The University of Texas in Austin.

Stephen Chaudoin is an assistant professor of political science at the University of Illinois in Urbana-Champaign.


X x x.”

Source:
https://www.washingtonpost.com/news/monkey-cage/wp/2017/01/20/people-like-the-international-criminal-court-as-long-as-it-targets-other-problems-in-other-countries/?utm_campaign=2e608d4ea6-EMAIL_CAMPAIGN_2016_11_07&utm_medium=email&utm_source=CICC%20Newsletters&utm_term=.9201032755ff

Sunday, January 22, 2017

IN NUMBERS: The Philippines' 'war on drugs' - 7,028 total number of people killed in #WarOnDrugs since July 1, 2016...and counting...





"x x x.

From July 1, 2016 to January 22, 2017, there have been over 7,000 deaths linked to the "war on drugs" – both from legitimate police operations and vigilante-style or unexplained killings (including deaths under investigation).

Here are the latest numbers based on revised data from the Philippine National Police (PNP). This page will be updated regularly.

Death toll

7,028 total number of people killed in #WarOnDrugs since July 1, 2016

2,503 suspected drug personalities killed in police operations, as of January 22, 2017

3,603 victims in cases of deaths under investigation, as of January 9, 2017

922 victims in cases where investigation has concluded, as of January 9, 2017


As of 6 am of September 14, the number of suspects killed in police operations reached 1,506. But during a Senate probe on extrajudicial killings that day, PNP Chief Ronald dela Rosa said that after validation by its Directorate for Operations, the figure was corrected to only 1,105 deaths.

'Double Barrel' and 'TokHang'

The PNP calls its campaign against illegal drugs "Oplan Double Barrel." (READ: Warning to drug dealers: PNP has 'double barrel' plan)

Meanwhile, Project "TokHang" – a contraction of "toktok" and "hangyo" (Visayan words for "knock" and "request" respectively) – refers to the strategy of the police nationwide to go house-to-house in their jurisdictions and convince known drug pushers and users to surrender and change their ways.

On October 26, the PNP launched Phase 2 of Oplan Double Barrel. After this, the statistics that the PNP started sending to media were "reset" to zero. For this purpose, figures from Phase 2 of Oplan Double Barrel were added to the final figures of Phase 1 as of October 26.

But on November 2, the PNP returned to its cumulative count.

Data below is as of January 22, 2017, 6 am.


42,607 number of police operations conducted

51,547 drug personalities arrested

6,719,603  houses visited via Project Tokhang

1,171,433 total number of surrenderers in Project Tokhang

- 79,224 pushers
- 1,092,209 users


EJKs, deaths under investigation

The PNP also records reports of extrajudicial, vigilante-style, or unexplained killings. Many of these cases are still being investigated by the police.

Data below is as of January 9, 2017.

4,146 number of murder cases outside police operations

3,271 number of cases/incidents of deaths under investigation

875 number of cases/incidents with investigation concluded; among these:

- 543 are w/ suspects arrested
- 332 are w/ suspects at large

Police, military casualties

Revised data below is as of January 21, 2017.

35 police personnel killed during operations
(including 13 for validation)

3 AFP personnel killed in action

83 police personnel wounded during operations
(including 10 for validation)

8 AFP personnel wounded in action


As of October 15, the number of policemen killed during operations stood at 13, while there were 40 wounded.

On October 19, deaths among police personnel rose to 15, while the number of wounded was revised to 36 after validation. The PNP broke down the casualties between drug-related and non-drug-related incidents, then reported only the drug-related casualties afterwards (7 dead, 24 wounded).

As of November 7, they returned to reporting all police casualties.


– with reports from Bea Cupin/Rappler.com.

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Duterte appoints 11 new judges - The Manila Times Online





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The latest appointments of 11 Regional Trial Court (RTC) judges for Region 4 or Southern Tagalog and Region 5 or Bicol were relayed in a transmittal letter of Executive Secretary Salvador Medialdea to Chief Justice Maria Lourdes Sereno on January 17, 2017.

The appointees were Mary Jane Valeza-Maranan for Lemery, Batangas, and Niven Canlapan for Carmona, Cavite.

For Laguna, Tomas Ken Romaquin was appointed for Binan, Mary Jean Cajandab-Pamittan for Santa Cruz, Rosauro Angelito David for Santa Rosa and Gil Jude Santa Maria, also for Santa Rosa.

For Puerto Princesa, Palawan, appointed were Arnel Cezar for Branch 163, Anna Leah Tiongson-Mendoza for Branch 164 and Ramon Chito Mendoza for Branch 165.

Alma Balilla Operio was appointed for Labo, Camarines Norte, and Erwin Dimayacyac for Oriental Mindoro.

Upon Duterte’s assumption as President last year, he appointed only two RTC judges who were later assigned in Pangasinan.

The Judicial and Bar Council, which shortlisted the latest appointees, is constitutionally mandated to screen and vet nominees to the President for vacant posts in the judiciary and the Office of the Ombudsman and the Office of the Deputy Ombudsman.

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Judicial and Bar Council (JBC)





"x x x.

The Judicial and Bar Council, which shortlisted the latest appointees, is constitutionally mandated to screen and vet nominees to the President for vacant posts in the judiciary and the Office of the Ombudsman and the Office of the Deputy Ombudsman.

It is headed by Sereno, with Sen. Richard Gordon, Oriental Mindoro Rep. Reynaldo Umali and Justice Secretary Vitaliano Aguirre 2nd as ex-officio members

Retired Supreme Court Justice Angelina Sandoval-Gutierrez is the head of the Executive Committee and represents the retired SC justices sector.

Lawyer Jose Mejia, who represents the academe, retired Judge Toribio Ilao, who represents the private sector, and lawyer Milagros Fernan-Cayosa from the Integrated Bar of the Philippines are the other regular members of the JBC.

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What would Machiavelli have taught modern leaders? Like Duterte.






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What would Machiavelli have taught modern leaders?
Philippine Daily Inquirer / 12:16 AM January 22, 2017


Niccolò di Bernardo dei Machiavelli, often known as the founder of modern political science, was an Italian Renaissance historian, politician, and philosopher. He was a senior official in charge of diplomatic and military affairs, and Secretary to the Second Chancery in the Florentine Republic. He also wrote comedies, carnival songs and poetry. He is best remembered for his “Il Principe” (The Prince) in 1513.

Machiavellianism

He wrote about unscrupulous politicians with immoral behavior who kill innocents; he thought that this was normal and effective in politics. Today, a Machiavellian leader is considered deceitful, devious, and cunning. During the period of Enlightenment in Europe, thinkers like Spinoza, Rousseau and Diderot found inspiration in Machiavelli.

Stanley Bing, a columnist for Fortune Magazine, wrote a book about Machiavelli and dedicated it to himself (Bing). I learned something about Machiavelli and Bing, and thought that if Mr. Mac had written a Decalogue when he was alive, it would include the following:

Exploit yourself only slightly less than others. Push yourself to your limits, and beyond. A mind so stretched will not return to its original state – it’s more stretched and capable of things never tried before. But if you overextend yourself, do it more with your people. Never accept mediocre or haphazard staff work lest you build a culture of mediocrity and entitlement. Push always!

Be a paranoid freak. Andy Grove attributes Intel’s “ability to sustain success to being constantly on the alert for threats, either technological or competitive in nature.” Develop that attitude that constantly looks for threats to your success. Look over your shoulders, because people will usually stab you at the back.

Have a couple of good friends, but cultivate a few enemies. In life, you’d have friends and enemies. Don’t be naïve. So you’re good, mild mannered, and low key. Still, there’ll be a bunch of guys who’ll hate your guts or dislike the way you part your hair. Keep tab of both friends and enemies. Have a list. Add to your list. See how you can use your friends to help you. Nurture your rage and plan to destroy your enemy from a distance. Delegate to your friends the dirty jobs of destroying your enemies.

Eat anyone that stands in your way as you move forward. The idea is to move forward. If you stand still, you’re stagnant – NOT stable. But there are obstacles. Eat them if you have to. Don’t get cute and say, “I can’t do it. Something’s in my way.” Realize that you move fast forward without obstacles.

Make a virtue out of your obnoxiousness. In an interview with Larry King on CNN, Donald Trump said, “Do you mind if I sit back a little? Because your breath is bad – it really is.” Avoid bad habits that are harmful to you own self. But if those bad habits are harmful to others, cultivate and celebrate them. A little irreverence sometimes helps.

Your cruelty is your strength; be proud of it. Grow your personality as you move up in the food chain. Winners are hard as a rock inside. Many people revered for something great were mean and did evil things in their past – famous philanthropist Carnegie’s goons shot dead a bunch of workers. Nazi enthusiast Ford is better known as a mass-production genius.

Carry a grudge until the extinction of the cockroach. Contrary to popular belief, life can be long. If someone pisses you off, take it easy. Don’t get mad. Wait. Get better. Make your enemy feel at ease. Then, when you see his guards down, get even. Revenge is a dish best served cold.

Think BIG. You can’t own everything. Starbucks already owns coffee, and Jose Mari Chan owns Christmas. It doesn’t mean you can’t try. Think BIG, not big …

Follow the money. Many successful people keep their eyes on the nickels and dimes and the teeny little stuff, but splurge when it comes to unneeded expenditures. Donna Karan said in 1996 when her business was humming and all was well, “We creative types like to spend!”

Have fun always. Nice people have fun probably 25% of their time. Mean people who enjoy every minute they inflict harm and suffering on others have fun probably 95% of their time. So, what’s it for you?

Bing warns that Machiavellian techniques are good for leaders, but moderation is the rule. New York City Mayor Rudy Guliani canceled the permit for Hillary Clinton, his potential opponent for the Senate, to hold a bash at the Brooklyn Navy Yard. He did a few other tricks, because he could. By the spring of 1999, polls favored Clinton as Senate candidate. When Machiavellians make their opponents too much of an underdog, the tide can turn against the former. 

(Email: erniececilia@gmail.com)

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Friday, January 20, 2017

Foreign Investment in the Philippines: Recent Developments - Lexology





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Legal Framework

In common with a number of other ASEAN countries, foreign investment in the Philippines is subject to a suite of regulatory measures driven in part by the social, economic and other policy considerations of the incumbent Government. The principal legislation governing such foreign investment in the Philippines is the Foreign Investment Act of 1991 (FIA). The FIA provides foreign investors with basic rights including the right to repatriation of investment, the right to remittance of earnings and freedom from expropriation (subject to certain exceptions). The FIA expressly states that the Philippines wishes to attract and promote foreign investment for the purposes of, inter alia, furthering industrialisation and socio-economic development subject only to the limitations of the Philippine Constitution and other relevant laws. The other relevant laws referred to in the FIA are typically industry-specific laws that deal with sensitive industries such as banking, telecommunications and power generation.

The FIA is supplemented by the Foreign Investment Negative List (Negative List), which comprises a list of economic activities – essentially industry sectors and sub-sectors – where foreign equity participation is either prohibited or limited to certain percentage levels. The Negative List itself comprises two lists – List A and List B. List A deals with areas where foreign equity is prohibited or limited by mandate of the Philippine Constitution or other specific laws. List B deals with areas where foreign equity is limited for security, defence, health or moral reasons, or to protect small and medium-sized enterprises. In effect, List A is a summary of the relevant limitations as mandated by the Constitution or the specific law concerned, whereas List B represents the limits determined by the Government from time to time pursuant to presidential order.

The Negative List is updated and re-issued periodically subject to the proviso that those items in List A are updated as and when there are changes to the relevant provisions of the Constitution or the specific law, whereas List B may not be re-issued more than once every two years. The current version of the Negative List was issued in May 2015 and was largely perceived as underwhelming by the business community, with little or no movement in the permitted levels of foreign investment across most sectors. However, for List A items, effecting a change to the limitations requires considerable legal reform given that the limitations are set by the Constitution or primary legislation, whereas the limitations applicable to those items in List B can be amended more readily.

Recent Developments

So, with a Government that is committed to driving significant foreign investment and economic growth targets that are dependent on it succeeding, what is the relevance of the Roy case to the FDI landscape?

Roy v. SEC Chairperson Herbosa was preceded by the 2011 case of Gamboa v. Teves (Gamboa). In Gamboa the petitioner contended that the respondent, publicly listed telecoms utility the Philippine Long Distance Telephone Company (PLDT), had violated a constitutional provision which limits foreign ownership of the capital of a public utility to not more than 40 per cent. In its decision in Gamboa, handed down in 2012, the Philippine Supreme Court was required to determine the definition of ‘capital’ for such purposes and in particular, where a company (such as PLDT) has multiple classes of shares with different economic and voting rights, which classes of shares form part of such capital. In reaching its decision the Supreme Court determined that the ownership test should be made by reference to those shares having the right to vote on the election of directors.

Following Gamboa, the Philippine Securities and Exchange Commission (SEC) issued a set of guidelines in 2013 for the purposes of assisting companies and other market participants in determining compliance with the foreign ownership limitations applicable to companies (such as PLDT) operating in nationalised or partly nationalised industries (Guidelines).

Notwithstanding the decision in Gamboa and the issue of the Guidelines by the SEC, some residual uncertainty remained as a result of further comments made by the Supreme Court when it dismissed a motion for reconsideration filed by the petitioner in Gamboa. In dismissing the motion the Supreme Court observed that the foreign ownership test should be applied to all classes of shares and not just those entitled to vote on the election of directors. The uncertainty centred around whether this requirement applied to each class of shares separately – such that a failure to meet the test in respect of any single class of shares would be fatal – or whether it applied to all shares in aggregate irrespective of their class. The former interpretation was reflected in the Guidelines.

In Roy the Supreme Court found that the Guidelines were valid but that the provisions which required the foreign ownership test to be extended to all classes of shares separately (and not in the aggregate) were based on obiter dicta in Gamboa and, as such, were not binding. In giving its decision the Supreme Court notably observed that the flexibility of corporations to create different classes of shares in order to raise much needed capital was an important one and that the Constitution made no reference to any intention to limit such flexibility.

In Roy the Supreme Court also looked at the question of beneficial ownership in the context of determining the level of foreign ownership of companies operating public utilities. It determined that in order for shares to be owned by a Filipino for such purposes, both the legal and beneficial ownership must be held by a Filipino. Accordingly, where a Filipino is the registered holder of a share one must also look at the beneficial ownership, which is to be determined by an analysis of who has the right to exercise the voting and investment powers attaching to the share. If a foreign party has the right to exercise either voting power or investment power over such share (i.e., the decision whether to hold or sell the share), then the share is not to be regarded as being held by the Filipino for the purposes of determining the level of Filipino ownership under the Constitution. Given that the Philippines has an Anti-Dummy Law, which imposes civil and criminal sanctions on those who violate the foreign ownership limitations, it is suggested that this should not be seen as surprising and merely recognises the need to look at substance over form.

Conclusion

The Supreme Court’s decision in Roy is to be welcomed as it signals a reluctance on the part of the judiciary to apply an overly restrictive interpretation of the Constitution in the area of foreign investment. That the Supreme Court also expressly referenced the need for corporations to be afforded flexibility when it comes to their capital structure is also a positive development, particularly in light of the ever-increasing complexity of financial instruments and the related blurring of the line between debt and equity.

It is anticipated that the Negative List will be re-issued at some point in 2017. Given the Government’s commitment to foreign investment generally and infrastructure spending in particular, it is hoped that revisions to the Negative List will be more progressive than was the case in 2015. However, even following Roy, since the FIA and the Negative List are subject to certain restrictions which are hard-wired into the Constitution or primary legislation, unless President Duterte is prepared to push through constitutional reform or amendments to significant primary legislation in the area of foreign investment then, in some sectors of the economy, there is only so much that can be done by tinkering with the Negative List.


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An ominous indicator of the breakdown of rule of law under the Duterte administration





"x x x.

‘Korean kidnap-slay proves police behind death squads’
Philippine Daily Inquirer / 05:26 AM January 20, 2017


A US-based rights watchdog said the abduction-slay of a South Korean businessman by antidrug police operatives bolstered suspicion that law enforcers are behind the vigilante-style killing of more than 3,600 alleged drug suspects in the past six months.

Human Rights Watch also voiced fears that policemen who now enjoy a license to kill in the name of President Duterte’s war on drugs will eventually venture into killing for personal profit.

The nongovernment organization has been vocal in lambasting Duterte’s antidrug campaign, which has claimed the lives of more than 6,000 alleged drug suspects and bystanders mostly in extrajudicial fashion.

At least 2,250 drug suspects were reportedly killed in police operations since July 1, 2016 while 3,603 more alleged drug users and dealers were killed by unidentified gunmen.

Human Rights Watch said the extrajudicial killing of Hanjin executive Jee Ick-joo is “notably grotesque.”

“Jee’s extrajudicial execution bolsters allegations that ‘death squads’ composed of police personnel operating in civilian clothes, are committing some and perhaps many of those killings,” Human Rights Watch deputy director for Asia Phelim Kine said on Thursday.

The killing is “an ominous indicator of the breakdown of rule of law” under the Duterte administration, he said.

The Department of Justice has recently approved the filing of kidnap for ransom with homicide charges against three members of the Philippine National Police Anti-Illegal Drugs Group and several John Does who abducted Jee from his home in Angeles City on Oct. 18 on false charges of illegal drug activities.

A police officer was identified as the one who strangled Jee inside Camp Crame on the same day. But his abductors still demanded a $100,000 ransom, which the businessman’s family paid.

Kine said the murder was the result of Mr. Duterte’s pledge to give policemen effective immunity if they kill in the name of his drug war.

“Police have good reason to believe that they can literally get away with murder … Yet our previous research in the Philippines shows that those given a license to kill with impunity will eventually start doing so for personal profit,” he said.


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"We need to know and understand the people's misery and poverty, and transform these into peace and prosperity. We need to empower people to become more upwardly mobile and expand the middle class. We need to use the principles of participatory democracy and solidarity, human rights and social justice, ecological wisdom and sustainability, and respect for diversity." - Sen. Kiko Pangilinan.

"Across the world, the culture of democracy – tolerance, debate, and unarmed truth – is on the decline and authoritarian tendencies are on the upsurge. In the Philippines, this is partly due to the collective failure of society’s leaders (political, religious, business, and other civic groups) to free the country from the clutches of entrenched political and economic dynasties, and to transform our inchoate democracy into one that addresses the unfulfilled promises of the 1986 EDSA People Power Revolt."

"Populism and its kin – racism, fascism, and extremism – are arising from this troubling new world. In desperation, people have turned to the old, familiar, and more tyrannical ways of political leadership, falsely thinking that this will save them from a dark future."

"Against this backdrop, the Liberal Party must redefine itself."

"We need to know and understand the people's misery and poverty, and transform these into peace and prosperity. We need to empower people to become more upwardly mobile and expand the middle class. We need to use the principles of participatory democracy and solidarity, human rights and social justice, ecological wisdom and sustainability, and respect for diversity."
We need to go to the grassroots, engage with the marginalized sectors, and become a genuine people's party. We need people to inspire our young people, including the so-called millennials, to become more pro-active citizens willing to collectively shape a…
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