NAV

Thursday, December 1, 2011

Anti-Shell activists protest in Durban

Nov. 30 -- Canadian environmental activists demand Royal Dutch Shell puts people first during a protest in Durban, as United Nations climate talks enter their third day. Nick Rowlands reports.

Shell Oil accused of neglect

Canada natives sue Shell over oil sands funding

Wed Nov 30, 2011 1:43pm EST

* Community seeks C$1.5 million, citing blocked requests

* Shell says has spent more than C$200 mln

Nov 30 (Reuters) – A Canadian native group is suing Royal Dutch Shell Plc for what it said was a failure by the oil major to live up to environmental funding agreements tied to Shell’s massive northern Alberta oil sands developments.
The Athabasca Chipewyan First Nation seeks C$1.5 million ($1.47 million) from Shell for allegedly blocking requests for money to be used for sustainable development and education initiatives in the community under agreements made in 2003 and 2006.
Shell’s Athabasca Oil Sands project, Canada’s third largest tar sands mining development, is in the aboriginal group’s traditional territory. The Athabasca Chipewyan said the company is trying to change the terms of the funding, meant to ease the impact of tar sands development on the community. The charges have not been proven in court.
“We came in good faith, always willing to talk with them,” Athabasca Chipewyan Chief Allan Adam told Reuters on Wednesday. “Shell played the role of tough guy and refused to deal with us on the terms we negotiated.”
The suit comes amid growing international controversy over the impact of oil sands development on air, land, water and local communities. The Alberta oil sands deposits are the third-largest source of crude in the world, and Canada has made exports of the resource a top national priority.
The community of Fort Chipewyan, located downstream from the oil sands developments, has experienced unusual health problems, including elevated rates of rare cancers. Studies have been unable to definitively rule out a link with the oil projects and controversy remains.
Adam said the lawsuit is unrelated to the health concerns in the community of 963 people.
For its part, Shell said the dispute amounts to a fraction of the more than C$200 million the company has spent on numerous initiatives in the community over the past five years under its “good neighbor” program.
An example of a request that was denied was a bursary in which there wasn’t a student to use it and the first nation wanted cash in lieu, said John Broadhurst, Shell’s vice-president, development, heavy oil.
He said he was disappointed by the lawsuit and hoped the two sides can reach a settlement.
“It’s not that we’re not committed to doing right by the community and following through on our commitments,” Broadhurst said.
The TRUTH will set you FREE.

Tuesday, November 29, 2011

The ‘Arroyo 8’ justices

The ‘Arroyo 8’ justices (original from the globalnation.inquirer.net)
5:36 pm | Tuesday, November 22nd, 2011

Should the 8 Arroyo Justices be allowed to continue to abuse the nation?
Concerned about former President Gloria Macapagal-Arroyo (GMA) and her husband, former First Gentleman Jose Miguel “Mike” Arroyo (FG), eluding prosecution for serious crimes — Secretary of Justice Leila de Lima correctly issued a watch list order (WLO) or hold order — to prevent them from going abroad and maybe escaping.
Perhaps sensing that charges were about to be filed against them, GMA and FG petitioned the Philippine Supreme Court to issue a Temporary Restraining Order (TRO) to invalidate the WLO — reasoning that GMA needed to get medical attention which she claimed was not available in the Philippines.
“Hogwash!” quips one Filipino specialist doctor trained in one of the best medical establishments in the U.S. ”We have so many qualified competent doctors here trained abroad who can attend to her.” Secretary of Health Dr. Ike Ona echoed the same sentiments.
Oral arguments on the TRO petition were scheduled on November 22, 2011 — a normal procedure which would give all parties the opportunity to present their positions — consistent with procedural due process principles.
But instead, what did eight Supreme Court Justices do? Led by GMA midnight appointee Chief Justice Renato Corona and seven other GMA appointees, the eight rushed the unilateral approval of the TRO petition — not giving the government the opportunity to present counter arguments and not waiting for the scheduled oral arguments to take place.
As if on signal, the Arroyos rushed to the airport the same day seeking to board a flight to Singapore. They reserved five different flights to Singapore using different airlines. From there, their itinerary included a flight to Spain, a country with which the Philippines has no extradition treaty — and which really does not exactly have international renown for exceptional medical expertise.
These facts suggest that de Lima’s concerns are not without basis.
Showing uncommon common sense, Secretary de Lima stayed the WLO preventing the Arroyos from leaving.
Fr. Joaquin Bernas, S.J., former dean of the Ateneo law school, known as a “Constitutionalist” takes the position that the decisions of the Supreme Court should absolutely always be obeyed. Otherwise, he asserts, we will have chaos or risk having a Constitutional crisis.
He asserted the same stand when the Supreme Court composed of GMA appointees confirmed the midnight appointment of Renato Corona as Chief Justice — even if precedent law indicates that this is illegal. Bernas is absolute in his position that the Supreme Court should always be obeyed.
He criticizes Secretary de Lima in his column — that she should have immediately obeyed the TRO of the Supreme Court and allowed the Arroyos to travel — even if there is a risk that the Arroyos may escape prosecution and never return.
Issue: Should the decision of the Supreme Court be absolutely obeyed at all times?
Here’s my take on this:
The concerns of Secretary de Lima who represent the people of the Philippines are legitimate concerns. This is not the same as saying that the Arroyos do not have individual rights. Everyone recognizes that they do.
But if the eight Justices of the Supreme Court were acting in good faith, they would have given the government the opportunity to present counter arguments against the Arroyos’ TRO petitions and waited for the submission of briefs and the oral arguments before making a decision.
The government who collectively represent the Filipino people should be afforded the same procedural due process rights as the Arroyos. If the eight justices do not see that or refuse to see it, surely, it should be obvious that de Lima, as an individual — has due process rights.
In emergency situations, a proper court may unilaterally issue a TRO to instantly prevent some harm from occurring where the facts clearly suggest this might happen.
This is not the situation here. Even GMA’s doctors affirm she is in no immediate danger of dying or suffering irreparable injury. They even state that she should recover in a few months.
Nevertheless, in her petition for a TRO, Arroyo insists that she needs to immediately go abroad for medical treatment. On its part, the government will be claiming that GMA can get the necessary treatment in the Philippines and that more likely than not, she is using her illness as an excuse to be able to leave the country and elude prosecution for the serious charges of plunder and electoral sabotage — no bail offenses for which she could spend a very long time in jail if convicted.
As in every case, credibility is always an issue. It is only proper for the Justices to scrutinize if the parties are telling the truth and which party has the weightier more rational arguments — before making their decisions. At all times, the Justices are supposed to remain neutral and fair and base their decisions on proper procedure and objective evidence.
Here, the eight Arroyo appointed Justices never provided the government the opportunity to present written briefs contra to the TRO petitions nor did they bother to wait for the scheduled oral arguments which would have taken place in a few days. Instead, contrary to the protestations of the five dissenters, they unilaterally granted the TRO petition of the Arroyos.
Notwithstanding these irregularities, Constitutionalist Fr. Bernas declares that this tyranny of a clearly biased majority cabal of justices should nevertheless absolutely be obeyed.
Having gone to a Jesuit law school in the United States and continuously doing cases in California and federal courts for some thirty years which includes litigating many complex immigration and human rights cases involving US Constitutional Law, I am somewhat sad to see that a Jesuit priest who is also a lawyer — fails to see the more important issue here.
With no disrespect intended, I note that Fr. Bernas takes a mechanistic absolutist position in declaring that the decisions of the Supreme Court should always be followed.
I grant, that in general, the decisions of the Supreme Court should be followed — unless they are in conflict with moral laws — as in this case. As a matter of conscience, man made laws should be ignored, disobeyed and fought against where they conflict with moral law.
There was a time when slavery and segregation laws were part of the United States Constitution. Some law professors and Constitutionalists admonished that the law had to be obeyed simply because it was the law — notwithstanding the terrible injustice and extent of suffering that this inflicted on other human beings who were not even defined as human beings under this same law but as chattels or personal property.
Some humanists like Henry David Thoreau were willing to go to jail and suffered personal consequences rather than accept and give legitimacy to such anti-human laws.
The laws are made for man rather than man being made for the laws. Some laws are clearly unjust or the way some good laws as applied are clearly unjust. Conscience dictates that in these situations, civil disobedience should be resorted to. Mahatma Gandhi, Nelson Mandela, Martin Luther King, Ninoy Aquino, Jose Rizal – all these great men listened to the calling of their hearts and moral law rather than to tyrannical artificial laws made by corrupt greedy men.
They paid heavily, some with their lives, to be true to God’s law that they found within their deepest selves – but with their sacrifices, unquestionably left the world a better place for others.
Here, by their actuations, eight pro Arroyo Justices show that they are placing the interests of their patron above that of the Filipino people. They are using their official powers to dish out laws or orders that tyrannize and brutalize the rights of the citizenry. How different is this from the tyranny of an individual dictator?
It is one thing for a Constitutional law professor to explain that in general, Supreme Court orders should be obeyed. It is another thing for him to say they still need to be obeyed even if clearly tyrannical, unjust and immoral. Fr. Bernas may sincerely believe he is promoting public order with such admonition.
In actuality, he is creating instability and distrust by insisting that the public accept and swallow the unpalatable biased decisions of a majority of Justices in the Supreme Court who are all GMA appointed.
Let’s take a second issue: Should the Executive branch risk causing a Constitutional crisis by defying the Supreme Court?
Defying biased eight pro Arroyo is not the same as disrespecting the Supreme Court as an institution. Secretary de Lima is simply affirming the rights of the Filipino people in taking a stand against judicial tyranny. This important stand inevitably needs to be done now at this point in Philippine history. It is not the end of the world if President Simeon Aquino assumes this risk which he should. In fact, he is showing true moral leadership if he does.
This touchy situation of a majority of Justices, who by their actuations, show more loyalty to GMA and to themselves than to the people and to principles of promoting justice – needs to be resolved now.
Unless resolved now, it will repeat itself. The Secretary of Justice and the Ombudsman can file all kinds of charges against the Arroyos and their cronies, exert tremendous efforts and spend millions to win these cases.
Assuming they win, expect these cases to be appealed to the Supreme Court and to the waiting hands of the biased Arroyo 8. Let’s call a spade a spade. What will happen there is predictable and foreseeable. They will decide in favor of GMA. Fr. Bernas will again say we should absolutely accept their decision.
Faced with a Supreme Court with a majority of Justices clearly loyal to GMA, what then should President Aquino and Secretary de Lima do?
They should continue to defy the Arroyo 8 Justices when they come out with unjust results – such as ordering de Lima to obey the TRO and allowing GMA to depart.
Aquino should use all of his formidable political powers against the Arroyo 8.
He is the the elected President of the Philippines – voted into office by millions of Filipinos. They expect him to provide strong moral leadership. He is the Commander in Chief of the Armed Forces. Under him also is the NBI and the PNP. He also has tremendous other resources at his command. Most importantly, he has the support of the Filipino people in the fight against corruption and injustice.
What about these eight justices?
They were appointed by a discredited President who like her husband is perceived as having betrayed the country with their unbridled greed and corruption. The midnight appointee Chief Justice and the seven others have no credibility in the eyes of the people.
If the President and Justice de Lima defy their orders, the people will understand and support them knowing they do it for the sake of justice and that it is the right and moral thing to do.
What will the Arroyo 8 do – hold de Lima in contempt? Aquino can simply just immediately pardon her.
Who will the eight order to arrest de Lima? The President has the loyalty of the Armed Forces, the PNP and the NBI.
The President should not hesitate to use his political powers to accomplish good for the sake of the people. He cannot allow 8 questionable individuals who repeatedly abuse their discretion in using their offices to thwart the ends of justice.
He should pressure them to resign or caused them to be impeached. Replacing them with new Justices should bring back credibility and respect back to the Supreme Court as an institution.
The people will love him more for showing strong moral leadership.
Note: San Francisco based Atty. Ted Laguatan is a member of the California Bar. He does complex litigation and is the Legal Counsel and Spokesperson for US Pinoys for Good Governance. Emaillaguatanlaw@gmail.com

Wednesday, November 23, 2011

Take Action | International Labor Rights Forum

From : Brian Campbell, International Labor Rights Forum
Take Action | International Labor Rights Forum

Dear Antonio,
Trade unions and church groups in the Philippines have joined together in calling a boycott of Philippine Airlines and Air Philippines in solidarity with the Philippine Airlines Employees’ Association (PALEA).
Philippine Airlines is putting into place a plan to outsource its ground crew, which would result in deep pay cuts and job insecurity with the downgrading of employees from regular to contractual hires. On September 27, the PALEA union launched a protest at Manila airport that paralyzed the operations of Philippine Airlines. In response, Philippine Airlines and the government forcibly evicted the protesting workers. Since then, Philippine Airlines locked-out 2,600 airport services, catering and call center workers, and terminated them from their jobs on October 1. The workers have set up protest camps and are running continuous picket lines. They are calling for our solidarity.
It’s time to up the pressure. The company’s line, as quoted in the Philippine Daily Inquirer, is: “No amount of rallies, protest actions or letters of support/complaints from sympathetic groups both within and outside the country could change the fact that PAL has already spun off and outsourced its non-core businesses.” But we know that the airlines cannot withstand a boycott. PAL and AirPhil rely on end-of-year holidays travel for their profit line. If a large enough group of us join the boycott publicly, we will have an impact.
The PALEA union likens its struggle to that of the Professional Air Traffic Controllers Organization (PATCO) union in 1981. Those familiar with U.S. labor history will recall: when 13,000 air traffic controllers went on strike, Ronald Reagan fired the union supporters and broke the union. As a result, the bargaining power of American workers and labor unions was severely undermined. Let’s act together for a better future for airline workers who are facing job loss and state-sponsored repression today. Now is the time to join with PALEA in their call for justice.
In solidarity,
Brian Campbell
Director, Policy and Legal Programs
International Labor Rights Forum
The TRUTH will set you FREE.

Tuesday, November 22, 2011

Senator Chiz Escudero responds courtesy of Abante-Tonite Online


Disbarment
SEN. CHIZ ESCUDERO

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Dear Senator Chiz,
Nais ko pong maghain ng disbarment complaint laban sa Clerk of Court ng Supreme Court, sa mga kagalang-galang na mga huwes ng Court of Appeals, mga commissioners ng National Labor Relations Commission, Labor Arbiter at sa abogado ng kumpanya.
Magkano ka­yang halaga ang gagastusin para maharap ang kasong ito?
Maaari ko bang isampa ang kaso habang ako ay nasa ibang bansa? Kung pwede ba magsampa ng disbarment case habang ako ay nasa ibang bansa, paano ang procedure? Maraming salamat po.
Lubos na gumagalang,
Antonio L. Buensuceso Jr.
Dear Antonio,
Ang halaga ng isang disbarment complaint ay
nakadepende sa kung sino ang kukunin mong
abogado upang magrepresenta sa iyo pati na
mga fi­ling fees.
Mahalagang malaman mo na dahil ilan sa nais
mong sampahan ng kaso ay mga justice ng
Court of Appeals, kailangan mong mag-file ng
verified complaint sa Supreme Court mismo
(Rule 139-B, paragraphs 1 and 2, Rules of Court).
Maaari mong isampa ang kaso through a representative
at kailangan mo munang gumawa ng isang
Special Power of Attorney (SPA) pabor sa
representative mo na nagsasabi na siya ay
authorized na kumatawan sa iyo at magsampa
ng kaso habang nasa ibang bansa ka. Kung ikaw ay nasa
ibang bansa na, dapat consularized itong SPA mo.
Sumasaiyo,
Senator Francis "Chiz" Escudero
Ilakip ang inyong pa­ngalan at address sa inyong
ipadadalang mga katanungan at mga suhes­tyon.
Maaari kayong magpadala ng liham sa tanggapan
ng pahayagang ito sa No. 167 Liberty Bldg.,
Roberto Oca St., Port A­rea, Manila o e-mail sa
saychiz@chizescudero.com. Maaari ring magpadala
ng mensahe sa pamamagitan ng
text: CHIZ <space> mensahe sa 2976.

When a SC judgment conflicts with the people's sense of justice

No photo

AS I WRECK THIS CHAIR By William M. Esposo (The Philippine Star) Updated November 22, 2011 12:00 AM Comments (5) View comments

They may not know the letter of the law and its many technicalities but people have a sense of justice to tell them that a Court judgment is fair or unjust. The eight Supreme Court (SC) Justices who granted that highly controversial TRO (Temporary Restraining Order), which would have allowed Congresswoman Gloria Macapagal Arroyo (GMA) and her husband Mike to travel, now find themselves in conflict with the sense of justice of many Filipinos.
Headed by SC Chief Justice Rene Corona, the same eight Justices are hobbled by a track record of voting in favor of GMA. The perceived rush to allow GMA and her husband to travel, the attempt of GMA and Mike last Wednesday to take a flight to Singapore just hours after the SC TRO was granted — led many Filipinos to suspect a collusion to allow GMA and Mike to escape from the cases hounding them.
All over social media, tri-media polls and discussions — public opinion against the 'GMA 8' of the SC has been overwhelming. Many were convinced that the dissenting votes and legal opinions of Justices Antonio Carpio and Ma. Lourdes Sereno provided the right and just decision and that the 'GMA 8' should not have issued the TRO without hearing the government side first. They should also not have disregarded the report of GMA's own doctors that her problem isn't life threatening.
The decision of the 'GMA 8' last Friday to uphold their TRO and ask Justice Secretary Leila de Lima to prove why she should not be cited for contempt — merely heightened public opinion against them. When the Pasay City RTC (Regional Trial Court) issued the arrest warrant to GMA for electoral sabotage, many Filipinos rejoiced and considered it a triumph of justice.
If a Constitutional Crisis happens because of this row, it should not be blamed on an administration that's only following its mandate to stop corruption and bring to the bar of justice those who were responsible for the climate of impunity that characterized the GMA regime. Rather, it should be blamed on those who promulgate decisions that shock a people's sense of justice.
The concept of a Supreme Court as the final arbiter of the law thrives when the High Court is largely perceived as fair, wise, impartial and just in their decisions. They're on dangerous ground when public opinion sees them as otherwise. Ninoy Aquino had the right words for it when he said that Filipinos would accept poverty but not injustice.
It was the people's sense of justice that triggered the 1986 People Power Revolution. The first major injustice that jolted the nation's consciousness was the Ninoy Aquino assassination of August 21, 1983. The ultimate injustice was the cheating operation of the 1986 Snap Presidential Election that was undertaken by the Marcos regime to rob popularly perceived winner, Cory C. Aquino, of victory.
It was again the people's sense of justice that led to People Power II — triggered by the Senate allies of former president Joseph "Erap" Estrada who prevented the opening of the Jose Velarde envelope. They were largely perceived as shielding Erap from the fallout the envelope was expected to unleash. 
In 16th century England, under the reign of King Henry VIII, the monarchy had more powers than what our SC has. Henry VIII was not only the king — he was also the self-proclaimed Head of the Church of England following the breakaway from the Papacy over the Anne Boleyn issue. In 1534, Henry VIII demanded that all his subjects must make an oath of allegiance to the controversial Succession Act.
Sir Thomas More, High Chancellor of Henry VIII, was a devout Catholic and rather than get into an issue with his king, Sir Thomas More opted to resign his office. However, he was too eminent not to glow like a beacon in the darkened realm of Henry VIII. Sir Thomas More was a humble, loyal servant of the king but God's first. For refusing to take the oath of allegiance, Sir Thomas More was convicted in a kangaroo court and beheaded.
Most of the English people and other Europeans saw Sir Thomas More as a martyr and not a criminal. Today, Sir Thomas More is a canonized saint of the Catholic Church while King Henry VIII is largely perceived in history as a tyrant and an insatiable fornicator. At the Ateneo University, where some of the 'GMA 8' had studied, the example of Sir Thomas More is a favorite Jesuit topic when seeking to reinforce the virtues that make men holy and to expose the corrupt and evil acts that ensure a man's place in hell.
Institutions like the Tudor monarchy of 16th century England and our Supreme Court today cannot act in total disregard of the people's sense of justice. Wrong honest mistakes the people can live with but not perceived willful injustice or the perceived obstruction of justice.
Justice for the Maguindanao Massacre victims
Your Chair Wrecker expresses solidarity with our living journalist colleagues in marking tomorrow the second anniversary of the November 23, 2009 Maguindanao Massacre. Considered the single most brutal murder of journalists, we urge the immediate resolution of the case — justice, sooner than later, for our slain colleagues and their loved ones.
*      *      *
Chair Wrecker e-mail and website: macesposo@yahoo.com and www.chairwrecker.com

SHELL CIRCUMVENTED RA 7641

SYNDICATED ESTAFA


MY QUEST FOR SWINDLED 

RETIREMENT PAY BY SHELL



SWINDLING ITO, SYNDICATED ESTAFA


HOT PURSUIT
DUTY OF LAW ENFORCEMENT ENTITIES


SHELL SWINDLING OF RETIREMENT PAY 5TH YEAR

1001counts
SEE BELOW FOR THE 1001ST   TIME THE REITERATION OF DEMAND PAYMENT OF RETIREMENT PAY WHICH SHELL REFUSED TO HONOR IN THE PRESENCE AND DEEMED APPROVAL OF THE HONORABLE MAGISTRATES OF THE SUPREME COURT OF THE PHILIPPINES


Dishonest scales are an abomination to the Lord, but a just weight is His delight... Proverbs Chapter 11  v. 1
Retirement Pay Law circumvented by Shell subject to penal provision provided for by Article 288 of the Labor Code of the Philippines.





CONTENTS

.ENTERTAINMENT (4) 10 CCR § 2695.5 (1) 18DEC15 (112) 1A_MEDIA (8) 2014 CHRISTMAS MESSAGE (1) 2015 Miss Universe (1) 2016 SONA (1) 2020 EXCLUSION (1) 4TH OF JULY (1) abante clipping (1) ABOLITION OF THE COURT OF APPEALS (1) ABRAHAM LINCOLN (1) ABS-CBN (5) ABS-CBN NEWS (6) ABSOLUTE PARDON (1) ABU SAYAFF GROUP (2) ABUSE OF JURISDICTION (1) ACADEMIC FREEDOM (1) ACCRA (19) ACE VEDA (2) ACKNOWLEDGMENT OF EMAIL RECEIPT (2) aclu (3) AIRPORT HACKS (1) AIRWAVES (1) AIZA SEGUERRA (1) ALAN PETER CAYETANO (4) ALBAYALDE (8) ALBERTO ROMULO (1) ALDEN AND MAINE (1) Alfred Clayton (55) ALLEGATIONS OF MISCONDUCT (4) ALTERNET (6) ALVAREZ (1) ALVIN CUDIA (2) ALYAS BIKOY (1) AMADO VALDEZ (1) ANARCHY (1) ANDRES BONIFACIO (2) ANGEL LAZARO (1) ANGELO REYES (1) ANNEX 5 (5) ANNUAL REMINDERS (1) ANTHONY TABERNA . GERRY BAJA (2) ANTI GRAFT AND CORRUPT PRACTICES ACT (2) ANTI-TERRORISM ACT OF 2020 (1) ANTONIO (26) AQUACULTURE (1) AQUASCAPING (1) ARNOLD GONZALEZ (1) Arnold Schwarzenegger (5) ARTBOARD (15) ARTEMIO PANGANIBAN (1) atty dodo dulay (3) ATTY THEODORE TE (2) ATTY. AILEEN LOURDES LIZADA (3) ATTY. 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