EMONG'S JOURNALS

The House of Representatives’ Committee on Legislative Franchises denied the application of media network ABS-CBN for a new 25-year franchise, with 70 committee members voting in favor of the resolution, 11 against it. Legal practitioners have suggested various remedies for ABS-CBN to have a franchise, including a very rigorous, back-breaking Constitutional recourse: the People’s Initiative. But this law is rife with complexities. What is People's Initiative People's Initiative (PI) is a provision in the 1987 Constitution of the Philippines allowing for a "people's initiative" as one of the modes for constitutional amendment: ART. 6, SECTION 32 The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a pe...

What went badly for ABS-CBN during the Congressional hearings of their franchise renewal?  We all saw the hearings at the House of Representatives for the renewal of the TV network's franchise where we sat in front of our televisions and saw, played out in front of our eyes, every ‘drama’ that can happen during a Congressional hearing. Committee members bringing in information and inquisitions, and some throwing bombshells that poleaxed most of us because they were completely shocking and unexpected. All this within 12 gruelling marathon hearings! The House Committee on Legislative Franchises voted 70-11, with two inhibitions and one abstention, adopting a resolution denying the franchise application of ABS-CBN Corporation to Construct, Install, Establish, Operate and Maintain Radio & Broadcasting Stations in the Philippines. The resolution was recommended by a three-person Technical Working Group (TWG) that summarized seven key issues taken up in deliberations in...

Imagine how food delivery riders travel a long distance under the heat of the sun and even braving torrential rains and flood just to find out the order was one big scam. When the coronavirus hit the country, food delivery riders like GrabFood and Food Panda are now busier than ever, with takeaways and food delivery being the new normal we live in. That being said, all hands down, the food delivery service has become the greatest invention mankind has ever created... just until some pranksters and fickle-minded people mess it up. Even during this Covid pandemic, some individuals are deliberately pranking delivery riders by providing fake addresses, or cancelling their orders at the last minute. As a result, food deliverers are unable to receive payment and end up making wasted trips. The House of Representatives has come up with a new bill to penalize people who cancel confirmed orders burdening most delivery riders and service providers as a result. Called House Bill...

A video of a foreigner berating a police officer inside a posh village in Makati City opens a debate whether or not a PNP personnel can effect a warrantless arrest inside a private property or a home. Here's a back story. In a report from PNA , the Makati police said that around 5:04 p.m., Senior Master Sergeant Roland Von Madrona along with village watchman Esteban Gaan of Barangay Dasmarinas, conducted patrol inside the Dasmariñas Village upon the request of Chairwoman Rosana Hwang. At around 5:45 p.m., the duo chanced upon a housemaid, identified as Cherilyn Escalante, watering plants outside their residence without wearing a face mask, which is mandatory under the enhanced community quarantine (ECQ) guidelines. The police said Madrona then approached Escalante and advised her to wear a face mask for her safety. A minute after getting inside the house to get her face mask, house owners Javier Parra and his wife Abegail Salvador came out and argued with the po...

Should you be worried? A legal question about an NBI hit with a pending criminal case came into my mail yesterday. I applied for an NBI clearance because it's a requirement for work in a company in USA (United States of America). But while at the NBI office, I was told that I have been previously charged with a crime and my trial is still underway. Can I enter USA? - from Mr. JCBuenaluz, Cavite Well, the answer is NO. If your trial is still underway, you are criminally inadmissible at this time and likely cannot enter the US. Or in any country at that. More so, when there's an HDO (Hold Departure Order) held against you. But, don't give up just yet. There's still hope! Crimes against moral turpitude The U.S., and other countries like in Europe or in Canada, make it very difficult for anybody with a criminal record to enter.  You can be barred from getting a visa for a very wide variety of criminal offenses – even if they seemed to be minor when you were...

There might be a bit of a caveat here. The bill seeking to establish a national identification (ID) system for all Filipinos here and abroad recently passed the first reading at the House of Representatives, making it a few steps nearer into becoming a law. Once passed into law, the National ID System will require all Filipinos residing anywhere in the world to register their personal information into the central system to be managed by the Philippine Statistics Authority (PSA). The system, in effect, shall streamline all government transactions and unify all basic needs of the citizens. To date, the Philippines is one of only 9 countries in the world without a national ID system. There are 196 countries in the world. How the National ID System works A registered Filipino will be issued a non-transferable national ID card with a number that shall be valid for life. Filipinos residing or working overseas are to register for their IDs at the nearest Philippine embassy o...

How well do you know the Writ of Habeas Corpus? Philippine President Rodrigo Duterte is mulling to suspend the writ of habeas corpus to address the country's drug problems and suppress rebellion in Mindanao. Habeas corpus, or the Great Writ as they call it in the Western world, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you. Habeas corpus prevents anyone from simply locking up people in secret dungeons and throwing away the key. Here are ten (10) useful facts about the Habeas Corpus: 1. A writ of Habeas Corpus is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. 2. Literally, 'habeas corpus' means 'you may have the body' (if legal pro...

UPDATED January 2020 A "provisional" License to Own and Possess Firearms (LTOPF) will now be available for all gun holders who need to renew their firearms. The provisional LTOPF is exclusive only to gun holders with existing firearms and will no longer require a drug/neuro test. It will be valid for six months. The LTOPF for first-time gun purchases, however, still require the drug/neuro tests. As of January, 2020, the online processing is considered the easiest and hassle-free way of applying for both LTOPF and gun renewals. Below are a few observations shared by our team, gun applicants and others who tried getting their LTOPFs prior to the implementation of the PNP online program . UPDATE as of August 8, 2016 Just this morning, the EJ admin team went to visit the Firearms and Explosives Office (FEO) at Camp Crame to see how the application for a License to Own and Possess Firearms (LTOPF) goes. We found out that the 4 documentary requirements for LTOPF...

Are you ready for Federalism? One of Rody Duterte's platforms during his presidential campaign was to invigorate the financial capabilities of regions outside Metro Manila. To be able to do this, he said the country needs to shift into the federal type of government. Federalism is a method of government that allows two or more entities to share control over the same geographic region. Each person is subject to the laws of that city, region, state and the federal government. In a federalist government, the power is divided between the national government and other governmental units. In the U.S., this means the power is divided between the federal government and the state and local governments. This is different from a unitary government where one unit holds the power. Watch the video below. WHAT DO YOU THINK OF THIS POST? Share your ideas by commenting.

The numbers keep on coming in favor of the "presumptive president-elect" Rody Duterte. And knowing how keen the good mayor of Davao City is with regards to peace and order, here's a list of things that you may have to keep in mind once Duterte takes his oath of office as the 16th president of the Philippines. 1. No more late night videoke singing sprees. You have to end your concert at exactly 11:00 p.m. 2. Liquor ban will be at 1:00 a.m. sharp. If you want to get really drunk, start early. 3. Smoking can never be done indoors, public spaces, cafeterias, bars and restaurants, etc. Light up only in designated smoking areas. 4. No littering and no spitting anywhere at any time. 5. Follow traffic rules to the letter. Be respectful of road signs and don't try those sneaky maneuvers just to get ahead of the others. 6. If you're a motorcycle rider, never attempt to put on open exhaust pipes or any modified mufflers to make your bike louder. 7. Definite...

Two more days to go before the 2016 Presidential Elections on May 9 -- here's a step-by-step guide to help navigate yourself on what and what not to do when you vote. DO make sure that you are at the right place by looking for your name in the voters list posted near the precinct. DO come early. Voting starts at 6:00am and ends at 5:00pm. DO bring a list of your candidates to guide you, but DON'T bring in any campaign materials. DO protect your ballot by using the Comelec ballot secrecy folder. DON'T take photos or make copies of your ballot. These are election offenses and can send you to jail. DON'T use your cellphone while inside the precinct. Taking photos is an election offense. This is to prevent vote-buying and selling. DO shade properly using the Comelec marking pen and fully shade the circles next to candidate of your choice. DON'T use any kinds of pens other than the Comelec's. DON'T write anything else on the ballot so that the ma...

If everything's still unclear to you on how the Metropolitan Manila Development Authority's "No Contact Traffic Apprehension Policy" really works, we suggest you hit on the following FAQ's below. 1. What is the No Contact Traffic Apprehension Policy? The No Contact Traffic Apprehension is a policy that utilizes CCTV, digital cameras and/or other gadget or technology to capture videos and images to apprehend vehicles violating traffic laws, rules and regulations. 2. What is its coverage? The No Physical Contact Apprehension covers the apprehension of violators in areas within Metro Manila that are covered by MMDA CCTV cameras. 3.   Will the policy rid Metro Manila roads of MMDA Traffic Enforcers? No. It was conceptualized to supplement the presence of MMDA Traffic Enforcers. Aside from the fact that there are still places not covered by CCTVs, the No Contact Traffic Apprehension was designed to catch moving violations, thus leaving the apprehension of...

Watch those dirty looks, Quezon City is now a No Catcall Zone! The Quezon City government has outlawed catcalling and other forms of sexual harassment in public spaces against women with the passage of the Gender and Development ordinance. With the new law, people caught making all those creepy catcalls and other sexual overtones can get up to one year of jail term and/or fined as much as P5,000. So, to guide all testosterone fueled guys out there, here are the ten things prohibited in Quezon City. 1. Catcalling - acts of making a whistle, shout, or comment of a sexual nature to a woman passing by. Examples: 'Hi, Miss Beautiful', ‘Pa-kiss nga‘, 'you are sexy’, 'Hi, Ate', etcetera. 2. Wolf-whistling - a whistle with a rising and falling pitch, directed toward someone to express sexual attraction or admiration. 3. Cursing - an offensive word or phrase. 4. Repeatedly asking for the woman’s number or for dates. 5. Calling a woman in public with words h...

People have been weeping and gnawing their teeth since they heard this new regulation. Here's a few FAQ's from the new "Registration and/or Recording of Vintage Motor Vehicles." or the Administrative Order No. RPC-2016-033 from the Land Transportation Office (LTO). What is Administrative Order No. RPC-2016-033? This the regulation of ownership and use of a vintage/antique car. What is a vintage/antique car? LTO defines it as "a motor vehicle manufactured at least 40 years prior to the current year, or with year model earlier than 1975, not a reproduction, and which has been maintained in or restored to a condition in conformity with the manufacture specifications and appearance." My car is model 1978 and therefore is not included in the new regulation. Yes. But it will be on 2019 or three years from now. Does a vintage car need to be registered under the LTO? Yes. If a vintage car owner wishes to use the vehicle on public roads, said v...

They call it the no-contact apprehension policy, which is set to be implemented by the Metropolitan Manila Development Authority (MMDA) by March, 2016. It's called as such because motorists caught on camera violating traffic rules, even without the presence of traffic enforcers, will be issued notices and pay the corresponding fines. MMDA chairman Emerson Carlos said the policy is not new at all as they've already implemented it in 2011, but only for 6 months. During that period, the agency was able to catch more than 1,000 violators and were made to pay fines. These were never questioned in court, he added. Here's how it works: 1. CCTV footage to capture the violation. The agency's 400 closed circuit television (CCTV) cameras and other technologies being used in capturing images will be recording video footages of motorists caught committing "moving violations" along major thoroughfares in Metro Manila, especially along Edsa and C-5. 2. License p...

'I did it in Davao. Why won't I do it everywhere else.' Presidential aspirant Rodrigo Duterte was referring to a country-wide curfew of until 1:00 am for all commercial establishments he's planning to enforce when elected President. Of course, bars and clubs with liquor are what come into our minds when we talk about "commercial establishments" that are open up to the wee hours in the morning. Here's what Duterte said during the media interview: Gusto niyo akong maging presidente? Pag ako nag-presidente, ala-una sarado na 'to. Uwi na kayo. Ginagawa ko sa Davao. Bakit hindi ko gagawin dito (You want me to be President. If I become President, everything's closed at 1am. I did it in Davao. Why won't I do it everywhere else)? When put into effect, among those which will be affected by the 1 am curfew will be casinos, bars, clubs, disco pubs, videoke lounges, etc. According to GMA News Online , "The discussion on curfews came abo...

There's good news to all Rodrigo Duterte fans out there! The Commission on Elections (Comelec) has just announced that he can go on as a replacement for party-mate Martin Diño. The bad news? Let's talk about the good news first. National poll body Comelec on Friday December 4, has junked a petition to declare anti-crime advocate Martin Diño a nuisance candidate. This means tough guy Duterte can go on as a replacement candidate for Diño. The Comelec Second Division said the petition is “moot and academic” as Diño had already withdrawn his candidacy effective October 29, thereby losing “justiciability” because it no longer presents a real problem as between the parties involved. Comelec said, With the foregoing development, the relief prayed for in the present petition has become moot and academic, that is, whatever judgment is reached can no longer have any practical legal effect or, in the nature of things, can no longer be enforced. Now, for the bad news. Th...

Stop us if you’ve heard this one before—but 130 people just might run for president. The last several weeks have witnessed speculation on mainstream media and on social networks about who Philippines' next President will be or should be. There have been half a dozen names floating around -- some calculated guesses, some pure media speculation and some self-proclaiming their candidature. But during the closing of the filing of Certificates of Candidacy (COC's) more than a hundred individuals - compared to just 99 during the 2010 elections - have announced they are running for the 2016 presidential elections. Candidates for president, vice president and senator filed their COCs from Oct. 12 to 16 at the Comelec main office in Manila; and aside from the 130 presidential aspirants there were 19 candidates for vice president and 172 for senator. However, not all 130 may be declared as official candidates for President, the Comelec said. “We gave the people the chance to ...

How would a DNA test prove one's citizenship? Presidential hopeful Grace Poe two weeks ago underwent a DNA testing for two reasons: first, to prove that she's a natural born citizen of the Philippines; and second, to resolve a disqualification case slapped against her at the Senate Electoral Tribunal (SET). Senator Poe's camp earlier said if the DNA test showed she's born to Filipino parents than it will be a conclusive evidence that she's a natural born citizen and not "naturalized" as claimed by her critics. Her lawyer, Atty. George Garcia, said in a TV interview of a Supreme Court decision that "DNA tests are conclusive insofar as the courts are concerned. In fact it is already part of the rules of evidence," Garcia is talking about a decision penned by Supreme Court Senior Associate Justice and Senate Electoral Tribunal (SET) Chairman Antonio Carpio. Carpio earlier said that Poe, as a foundling, is considered a naturalized Filipin...