Tuesday, September 19, 2017

The court and the world: American law and the new global realities


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The court and the world: American law and the new global realities3 videos 4 views Last updated on Jan 22, 2016



Brookings Institution

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2:07


The world and American law
Brookings Institution


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4:49


Best way to preserve American values
Brookings Institution


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1:29:35


The court and the world: American law and the new global realities
Brookings Institution

Race and policing in America?


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What’s next in the national conversation about race and policing in America?4 videos 393 views Last updated on Mar 6, 2015



Brookings Institution


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0:54


Addressing the bloated criminal code could help limit arrests
Brookings Institution


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0:23


Hiring fewer regulated officers could improve policing in America
Brookings Institution


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0:31


Perspective is key for police and communities of color
Brookings Institution


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1:22:26


What’s next in the national conversation about race and policing in America?
Brookings Institution

How Does China Manipulate Its Currency?

China's pollution dilemma

China's Growth and its Ecosystem

Understanding the Chinese mindset

Nuclear Weapons Of Mass Destruction


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Nuclear Weapons Of Mass Destruction9 videos 55,603 views Last updated on Jul 5, 2017



NowThis World

In World War II, the U.S. dropped the atomic bomb. Since 1945, technology has advanced and today's nuclear weapons of mass destruction are much more powerful than ever before. How do we stop nuclear war from escalating? Who has the power to create these destructive weapons? We answer these hard, terrifying questions in this playlist.


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4:59


The Soviet Union's Secret Nuclear Disaster
NowThis World


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3:39


How Powerful Are Modern Nuclear Weapons?
NowThis World


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3:44


How Does North Korea Have Nuclear Weapons?
NowThis World


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3:11


Who Are The World's Nuclear Watchdogs?
NowThis World


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3:12


Where Are The World's Nuclear Weapons Stored?
NowThis World


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4:01


Which Countries Can Defend Against Nuclear Missiles?
NowThis World


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5:04


Where Did The USSR Secretly Test Nuclear Weapons?
NowThis World


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3:34


Where Has The U.S. Tested Nuclear Weapons?
NowThis World


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4:14


Daily Life In Russia's Secret Nuclear City
NowThis World

Geopolitical analysis 2017


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Geopolitical analysis 20179 videos 4,066 views Last updated on Jul 30, 2017



CaspianReport


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Geopolitical analysis 2017: South Asia
CaspianReport


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Geopolitical analysis 2017: East Asia
CaspianReport


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Geopolitical analysis 2017: South America
CaspianReport


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Geopolitical analysis 2017: Africa
CaspianReport


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Geopolitical analysis 2017: East Europe
CaspianReport


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Geopolitical analysis 2017: West Europe
CaspianReport


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Geopolitical analysis 2017: Middle East
CaspianReport


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Geopolitical analysis 2017: North America, Part 2 of 2
CaspianReport


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Geopolitical analysis 2017: North America, Part 1 of 2
CaspianReport

How China's Pollution Became a National Emergency

The REAL North Korea-A Glimpse into HELL

Why Marijuana Should Be Legalized: An Expert's Perspective

2016 United Nations Year in Review

Joseph Stiglitz: "The Price of Inequality" | Talks at Google

Yeonmi Park: In Order to Live: A North Korean Girl's Journey ...

North Koreans’ Long Struggle for Freedom

PDEA files drug raps vs Faeldon, et. al. for P6.4-B shabu | Headlines, News, The Philippine Star | philstar.com



"x x x.

Former Customs commissioner Nicanor Faeldon faces a string of drug and criminal charges before the Department of Justice (DOJ) after P6.4 billion worth of shabu slipped through the Bureau of Customs (BOC) from China last May.

In a 23-page complaint filed yesterday, the Philippine Drug Enforcement Agency (PDEA) sought the indictment of Faeldon and 11 other BOC officers for conspiracy to import illegal drugs and for protecting or coddling drug traffickers – a violation under Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

It also charged them with obstruction of justice under Presidential Decree 1829 for “harboring or concealing, or facilitating the escape” of the persons behind the shabu shipment, and for negligence and tolerance under Article 208 of the Revised Penal Code.

The agency also accused them of violating Section 3 of RA 3019 or the Anti-Graft and Corrupt Practices Act for “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

Aside from Faeldon, the agency named in the charge sheet BOC directors Milo Maestrecampo and Neil Anthony Estrella; intelligence officers Joel Pinawin and Oliver Valiente; Manila International Container Port district collector Vincent Phillip Maronilla; Faeldon’s fiancée lawyer Jeline Maree Magsuci; BOC employees Alexandra Ventura, Randolph Cabansag, Dennis Maniego, Dennis Cabildo and John Edillor.

The anti-narcotics agency alleged in the complaint that the importation of illegal drugs would not have been possible if not for the “incompetence and corruption of the Bureau of Customs officials,” which “effectively shielded and facilitated the escape of Chen Ju Long and prevented his immediate arrest and prospective prosecution.”

“As can be culled from the preceding discussion, the gross inexcusable negligence, manifest partiality or bad faith of Commissioner Faeldon, Dir. Maestrecampo, Dir. Estrella, Pinawin, Valiente, Atty. Maronilla, Ventura, Cabansag, Maniego, Cabildo, and Edillor made possible the importation of 602.279 kilograms of shabu and the evasion of Chen Ju Long from being arrested and prosecuted,” it further alleged.

In the same complaint, the PDEA filed illegal drug importation charges against Chen Ju Long, Chen Rong Juan, Manny Li, Kenneth Dong, Mark Taguba II, Teejay Marcellana, Eirene May Tatad, Emily Dee, Chen I-Min and Jhu Ming Jyun,who were identified as importers or facilitators.

It also charged Genelita Arayan, Dennis Nocom, Zhang Hong, Rene Palle, Richard Rebistual and Mary Rose dela Cruz – directors and officers of Hong Fei Logistics Inc., the warehouse where the shabu shipment was seized.

PDEA’s complaint is separate from the complaint for drug smuggling filed by the National Bureau of Investigation against the importers and brokers of the shipment, which is undergoing preliminary investigation before the DOJ. 

x x x."

Monday, September 18, 2017

The Monetary Board and the Bangko Sentral ng Pilipinas are not truly independent institutions.


Many think the chair and members of the Monetary Board and the governor and deputy governors of the Central Bank/Bangko Sentral ng Pilipinas (BSP) are “independent" (a) because the Monetary Board was “created by the Constitution” and not by Congress and (b) because the BSP is under the control and supervision of the Monetary Board, a "constitutional creation".

On the contrary, and in a real political sense, the Executive controls these institutions and their officials, notwithstanding their managed image of “independence and professionalism”.

The Executive alone appoints the BSP governor, who is the chair of the Monetary Board. The Executive alone appoints the seven members of the Monetary.

Except for the BSP governor, the rest of the members of the Monetary Board are not confirmed by the Commission on Apportionments.

Only the BSP governor, who acts as the chair of the Monetary Board, is confirmed by the Commission of Appointments. (RA 7653, The New Central Bank Act).

Moreover, under RA 7653, the Executive may remove any member of the Monetary Board for cause.

The tendency of the pronouncements of the BSP governor and his subordinates during their regular press conferences is to support the political statements and economic projections of the Executive and his finance and economic team, i.e., the Department of Finance and the National Economic Development Authority (NEDA).

Just like all salaried bureaucrats, the Monetary Board and BSP officials must protect their career.

The Monetary Board and BSP officials seem to ignore the contrary views, consensus, forecasts, and studies that have been presented by respected international risks assessment firms and creditworthiness evaluation organizations, e.g., Moody’s Investor Service, Fitch Ratings, International Monetary Fund (IMF), and global investments banks led by DBS Bank Ltd of Singapore, about the “overheating” Philippine economy.

In so doing the Monetary Board and BSP officials wittingly or unwittingly encourage the “credit bubble” that is silently forming in the Philippines like an economic cancer.

The Dutertenomics (“golden era of infrastructure”) of the Executive is based on (a) excessive domestic and foreign debt, (b) aggressive deficit spending and (c) reckless credit bubble.

The subservient statements of the BSP officials create false hopes and rising expectations among the Filipino people, who are misled to believe that everything would be alright with the Philippine economy, despite clear warnings to the contrary by respected international economic and financial experts and analysts.

All bubbles bust.

When they do, inflation, stagflation, unemployment, depression and recession follow -- all of which would mean great human sufferings.

The proper stance to adopt is one of prudence and conservatism in economic and financial management.

Read below the latest presscon of the BSP officer-in-charge.

“x x x.

MANILA, Philippines — The Bangko Sentral ng Pilipinas (BSP) said fears of overheating due to strong credit and liquidity growth remain unfounded amid the country’s sound macroeconomic fundamentals.

BSP officer-in-charge Diwa Guinigundo said the growth potential of the Philippines has gone up compared to previous years as the economy has become more productive, particularly in terms of capital productivity.

“If you establish an analogy between growth and balloon, the balloon has grown. Even if you pump in more water or air, it can accommodate. It has a bigger capacity to do that without going into capacity constraint,” he said.

Guinigundo issued the clarification after flagged emerging capacity constraints such as labor shortages in certain sectors 
that could push up inflation.

“I don’t know where that observation is really coming from because the numbers are quite clear. We have been enjoying an increase in economic growth against a backdrop of stable prices,” he added.

He explained the labor market economics in the Philippines continue to be favorable amid the favorable demographic factors, with the young population and others joining the formal sector.

Aside from Moody’s, other debt watchers such as warned the Philippines was showing some signs of overheating.

The country’s gross domestic product growth improved to 6.5 percent in the second quarter from 6.4 percent in the first quarter, bringing the average growth to 6.4 percent in the first half of the year.

On the other hand, inflation averaged 3.1 percent in the first eight months of the year despite kicking up to a three-month high of 3.1 percent in August from 2.8 percent in July due to rising food and non-food prices.

“When you are going into capacity constraint, the tell-tale signs are very clear. If you have capacity constraint then that should tell on your inflation. In other words, inflation should be surging but it is not,” he said.

The BSP has set an inflation target of between two and four percent from 2017 to 2019. The central bank’s Monetary Board sees inflation averaging 3.2 percent in 2017 and 2018 before tapering off to three percent in 2019.

Furthermore, the BSP deputy governor said bank lending grew 19.2 percent while liquidity expanded 13.5 percent in July to support the country’s growing economy.

“Credit is rising no doubt because the economy is also expanding. You need credit and you need more liquidity to finance economic growth,” Guinigundo said.

According to Guinigundo, authorities continue to use some parameters to check whether credit growth is reaching serious proportions.

“Based on the parameters that we are using, we are far from those thresholds that should tell us that we are nearing serious proportion or a point where one can say that there is over extension of credit or overheating,” he added.

He said the movement of the peso against the US dollar is consistent with the economic fundamentals of the country.

Although the local currency has depreciated by more than two percent this year, he explained the peso has appreciated by 0.9 percent over the past 10 years.

X x x.”
The Bangko Sentral ng Pilipinas (BSP) said fears of overheating due to strong credit and liquidity growth remain unfounded amid the country’s sound macroeconomic fundamentals.
PHILSTAR.COM

Sunday, September 17, 2017

"Main plunderer" theory


If a petition for bail is granted in a "nonbailable plunder" case -- where the penalty is death had it not been earlier abolished -- based on the theory that the accused does not appear to be the "main plunderer", if there is one, or that there does not appear to be a "main plunderer" at all, despite the finding of the court that there is sufficient prima facie evidence (probable cause) showing receipt by the accused of bribe money out of his multi-million peso pork barrel transactions, such a "main plunderer" theory is unconstitutional because it violates the constitutional command that, in a capital offense, no bail shall be granted if the evidence of guilt is strong. (Article III, Bill of Rights, 1987 Constitution).

The "main plunderer" theory finds no basis -- whether directly, indirectly or by analogy -- in any of the provisions of Rule 114 (bail) of the Rules of Criminal Procedure.

The theory effectively rules that, despite the earlier "multi-determination of probable cause" by the Department of Justice, the Office of the Ombudsman, the Office of the Special Prosecutor of the Ombudsman, and the trial court itself (judicial determination of probable cause phase) showing that a crime (corpus delicti) has been committed and that the accused is probably guilty thereof, if there appears to be no "main plunderer" (main/senior co-conspirator or mastermind) the junior co-conspirators are entitled to provisional liberty (bail).

It contradicts the elementary doctrine that "in a conspiracy the crime of one is the crime of all."

The conspiracy doctrine does not qualify that it is inapplicable when the "main plunderer" or the "mastermind" or the "main/senior co-conspirator" allegedly does not exist or allegedly cannot be identified, despite the earlier finding of "probable cause" showing the "commission of the crime itself" by the indicted multiple accused.

The office of the special prosecutor of the Ombudsman should elevate this purely legal and constitutional issue to the Supreme Court based on grave abuse of discretion of the Sandiganbayan amounting to lack or excess of jurisdiction in order to resolve the matter with finality. (Rule 65, Certiorari, Rules of Court).
(2ND UPDATED) The Sandiganbayan ‪Special 5th Division says in its resolution that it granted the former senator's bail petition because the evidence, so far, does not point to him as a 'main plunderer'
RAPPLER.COM|BY LIAN NAMI BUAN

Let us not allow Duterte (the modern day Emperor Nero who massacred the early Christians in Rome) to weaken our faith as the only Christian nation in Asia.

"Lex Talionis" means the "law of retaliation". It is the name of the law fraternity of Duterte as a student. He speaks often of the "law of retribution" in defending his deadly drug war. But the Gospel speaks of love and compassion for one's enemy, the sick, the prisoners, the outcasts of society, the misled, and the possessed.

I recommend that you watch and meditate on this touching and enlightening twelve-minute teaching of Caloocan City Bishop Pablo Virgilio David on the Law of God with respect to drug addicts and all those who are victims of all kinds of substance abuse.

Drug addicts, like alcoholics, casino addicts, and other patients suffering from substance abuse and all kinds of manic disorders, do not deserve summary death. They deserve compassionate healing. They deserve love.

Let us not allow Duterte (the modern day Emperor Nero who massacred the early Christians in Rome) to weaken our faith as the only Christian nation in Asia.


Caloocan Bishop Pablo Virgilio David criticizes Catholics who support drug war killings. David makes these remarks at the Family Rosary Crusade Marian Confer...
YOUTUBE.COM

SC lifts TRO on P75-B coco levy fund | Headlines, News, The Philippine Star | philstar.com



"x x x.

SC lifts TRO on P75-B coco levy fund
By Louise Maureen Simeon (The Philippine Star) | Updated September 16, 2017 - 12:00am

MANILA, Philippines — The Supreme Court (SC) has lifted the temporary restraining order (TRO) it issued in 2015 that stalled the use of the P75-billion coconut levy fund.

In a 21-page decision, the SC said it has lifted effective immediately the TRO it issued on June 30, 2015, alongside the voiding of four sections of the Guidelines for Utilization of Coco Levy Funds.

In 2015, the SC stopped the implementation of Executive Orders 179 and 180 of former president Benigno Aquino III aimed at managing the coco levy fund.

EO 179 provides for the inventory, privatization and transfer coco levy assets in favor of the government. EO 180, meanwhile, mandates the transfer of the fund to the government for an “Integrated Coconut Industry Roadmap Program.”

The Court in full session ruled that Aquino “went beyond the authority delegated by law in the disbursement of the coconut levy funds” following the case filed by industry group Confederation of Coconut Farmers Organization of the Philippines (CONFED) versus the former president.

The Court partially granted the petition for prohibition and declared that sections on approval of roadmap, funding source, utilization of funds and implementing rules are not in conformity with the law.

“The provision of the Revised Coconut Industry Code is simply too broad to limit the amount of spending that may be done by the implementing authority. Congress must first provide a law for the disbursement of the funds, in line with its constitutional authority,” the SC said.

The High Court, however, held that EO 179 “does not create a new special fund but merely reiterates that revenues arising out of or in connection with the privatization of coconut levy funds shall be deposited in the special accounts in the general fund.”

Given the decision, the SC emphasized that there is no question that the coconut levy assets are public funds.

This means that the government may take the necessary steps to preserve them and to be able to utilize them.

“The most compelling reasons to treat coconut levy funds as public funds are the fact that it was raised through the State’s taxing power and it was for the development of the coconut industry as a whole and not merely to benefit individual farmers,” SC said.

The Philippine Coconut Authority (PCA) is optimistic that both chambers of Congress will come up with one unified law to be signed by President Duterte before the year ends.

Should the bill be signed by December, it would take about six months before the PCA can actually utilize and implement necessary programs.

The coco levy fund amounting to P75 billion is made up of taxes imposed on coconut farmers mandated by Presidential Decree 755 in 1975.

The taxes were supposed to be used for the construction of projects designed for the benefit of coconut farmers but were instead used to buy a large percentage of the bank now known as the United Coconut Planters Bank under Eduardo Cojuangco Jr.

The CONFED is the unified group of coconut farmers’ organizations nationwide, which is composed of the Philippine Association of Small Coconut Farmer’s Organizations, Pambansang Koalisyon ng mga Samahang Magsasaka at Manggagawa sa Niyugan and the Coconut Producer’s Federation. It represents more than 95 percent of the organized coconut farmers sector in the country. – With Evelyn Macairan

x x x."