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CHR, Hindi Kinonsulta sa Pagbalangkas ng Cybercrime Prevention Law

by admin   |   Posted on Wednesday, October 10th, 2012

“Sometimes even the staff in the houses of the legislature hindi nila naiisip na may human rights connection ang isang batas.” — CHR Commissioner Coco Quisumbing (UNTV News)

MANILA, Philippines — Hindi kinunsulta ng mga mambabatas ang Commission on Human Rights (CHR) habang binabalangkas ang Cyber Crime Prevention Law.

Ito ang inihayag ni CHR Commissioner Coco Quisumbing na isa sa mga dumalo sa isinagawang Cybercrime Prevention Act forum ng Department of Justice (DOJ).

“Sometimes even the staff in the houses of the legislature hindi nila naiisip na may human rights connection ang isang batas. Iniisip lang nila sometimes kung may word na human rights doon saka sila tatawag.”

Ayon kay Quisumbing, hindi sapat ang kasong libelo para makulong ang isang tao sa ilalim ng RA 10175 o ang Cyber Crime Prevention Law.

Magdudulot lang aniya ito ng takot sa publiko at magiging daan naman para mapigilan ang kalayaan sa pamamahayag.

“There has been one recent case of a journalist; he was convicted under the revised penal code for libel so he was put in jail. Eh sinabi na nga ng UN, hindi yan tama under human rights it should not be jail time. Wala dapat prison sentence para sa libel,” pahayag pa ni Quisumbing.

Hindi na rin aniya kayang remedyohan ng binabalangkas na implementing rules and regulation (IRR) ang mga kinukwestyong probisyon dahil paglilinaw lamang ito sa pagpapatupad ng batas.

“Ang nakakalungkot lang is that ang IRR kasi limitado siya. Kung ano ang nasa batas yan lang ang pwede niyang i-cover. Kung wala sa batas, hindi yan pwedeng ilagay sa IRR. So hindi yan perfect solution.”

Ayon naman kay House Information and Communications Technology Committee Chair Rep. Sigfrido Tinga, mabuti na ring naipasa ang batas sa halip na wala dahil sa lumalalang cyber crimes.

“I don’t think people are against a Cybercrime Law. I think people don’t like certain provisions of the law. And that’s the opportunity we have now to get it right.” (Rey Pelayo/Ruth Navales, UNTV News)

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DOJ, NBI ready to probe law enforcers over violations in drug operations

by Aileen Cerrudo   |   Posted on Monday, July 8th, 2019

The Department of Justice (DOJ) and the National Bureau of Investigation (NBI) are ready to probe law enforcers who may have committed violations during drug operations.

According to DOJ Secretary Menardo Guevarra they are prepared to investigate authorities who may have committed violations of law related to the government’s anti-drug war campaign.

“The DOJ and the NBI are ready and willing to investigate and prosecute law enforcement agents upon proper complaint by people who have personal knowledge of any wrongdoing by police officers during drug operations until witnesses come forward and testify,” he said in a statement.

This is Guevarra’s response when the Amnesty International called on the Justice department to conduct an investigation related to violations on drug operations.

“There’s no need for Amnesty International to urge us to investigate possible violations of law by  law enforcement agents in the conduct of the government’s anti-illegal drug campaign,” he said.

Guevarra reiterated that the police should respect the ‘presumption of regularity’ while performing their duties.—AAC (with reports from Mai Bermudez)

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DOF, expected to earn P2-B monthly tax from POGO industry foreign workers

by Maris Federez   |   Posted on Saturday, July 6th, 2019

Courtesy: Pixabay

The Department of Finance (DOF) has created an inter-agency task force with the Department of Labor and Employment (DOLE), Bureau of Internal Revenue (BIR), Bureau of Immigration (BI), and the Department of Justice (DOJ) in intensifying the imposition of taxes on foreign workers in the country.

DOF Assistant Secretary Tony Lambino noted the increasing number of foreign workers in the country who do not pay taxes.

“It’s not fair to the Filipino worker who is paying taxes regularly when we have foreign nationals working here and not paying taxes. Because they use the same roads. Nakikinabang naman sila sa mga ilaw sa gabi, sa ating mga kalsada, kung anu-ano pang services na meron [They benefit from the electricity, from our roads, and from other services we have],” Lambino said.

The DOF official also said the country can earn 32 billion pesos every year from the tax that can be collected from 138,000 foreign workers in the Philippine Offshore Gaming Operation (POGO) industry.

A data from DOLE shows that 84% of employees of the 182 POGOs that are registered in the Philippine Amusement and Gaming Corporation (PAGCOR) are foreign nationals, most of which are Chinese.

This prompted the task force to come up with a joint memorandum circular which states that the DOLE will not release an alien employment permit to a foreign national who has no tax identification number issued by the BIR.

The DOLE and the BIR will also come up with a database that will set a solid data on the total number of foreign workers in the country and to have a strict monitoring in the taxation of these workers.

The BIR has also issued notices to other POGO providers to remind them to pay taxes that have now reached P4-Billion. (with reports from Harlene Delgado) /mbmf

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Court issues precautionary hold departure order vs Kapa officials

by Robie de Guzman   |   Posted on Monday, July 1st, 2019

MANILA, Philippines – A Davao City court has issued a precautionary hold departure order (PHDO) against the officials of the Kapa-Community Ministry International Inc., the Department of Justice (DOJ) said on Monday.

The Davao City Regional Trial Court (RTC) Branch 16 granted the request of the prosecutors to bar eight Kapa officials, including its Founder and President Joel Apolinario and other board members, from leaving the Philippines.

A PHDO is a written order issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from the Philippines. It is issued in cases involving crimes where the minimum of penalty prescribed by law is at least six years and one day.

The DOJ filed the request after the Securities and Exchange Commission (SEC) lodged a criminal complaint against Kapa officers over an alleged investment scam.

President Rodrigo Duterte last month issued a closure order against Kapa for operating an investment scheme without the proper license.

Last June 4, the Court of Appeals (CA) ordered the freezing of several bank accounts and other assets linked to Kapa upon the petition of the SEC and the Anti-Money Laundering Council.

Kapa officials have long denied the allegations and protested the government crackdown.

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