Health Department says new HIV cases up 89% in November 2011

MANILA, Philippines – A total of 212 Filipinos were diagnosed with human immunodeficiency virus (HIV) in November, a Department of Health (DOH) report said.

The figure is 89% higher compared to the 112 cases reported in the same month in 2010. This brought the cumulative number of HIV cases discovered in the first 11 months of 2011 to 2,081.

Of the 212 new cases, 199 were males while 13 were females. Their median age was 28 years.

The figure also included 25 overseas Filipino workers.

Fifty-eight percent of the new cases, or 124, were from Metro Manila.

“Reported mode of transmission was all sexual contact. Males having sex with other males (85%) were the predominant type of sexual transmission. Most (99%) of the cases were still asymptomatic at the time of reporting,” the report said.

“Of the 212 HIV positive cases, three were reported as AIDS cases, one was female and two were males. Their median age is 27 years… Of the AIDS cases, there was one reported death for this month — a 26-year-old female,” it added.

AIDS, or acquired immune deficiency syndrome, is the disease caused by HIV.

LPG Marketers Association Rep. Arnel Ty hopes that Congress can revisit the country’s AIDS law amid the rising number of HIV cases these past few years.

“I don’t see na nabibigyan [ang tao] ng tamang information, di kamukha noong panahon ni (Health) Secretary Juan Flavier, active ang DOH na sabihan at takutin ang mamamayan,” he said.

Ty and four of his colleagues in Congress are pushing for a budget of P400 million to jumpstart a national action plan aimed at suppressing HIV/AIDS. (ABS-CBN)

Kin of missing UP students wants Palparan’s co-accused moved to regular jail

MANILA, Philippines—Mothers of missing University of the Philippines students have asked the Malolos City Regional Trial Court to bring back the custody of surrendered soldiers who are co-accused of retired General Jovito Palparan and put them to a regular jail.

“We ask the Malolos Regional Trial Court Branch 14 to withdraw its grant to place the Lt. Col. Anotado and S/Sgt. Osorio in military custody. We believe that they should be put in a regular detention facility without any special treatment,” Linda Cadapan and Connie Empeño, mothers of Sherlyn and Karen respectively, said today.

Osorio and Anotado surrendered to the authorities on Dec. 21, 2011 after a warrant of arrest against was issued.  Last Dec. 23, they were moved to the military custody by grounds of threat to their security.

Anotado, Osorio, along with Palparan are facing charges of kidnapping and serious illegal detention for the abduction of still missing UP students Karen Empeno and Sherlyn Cadapan. (INQ.NET)

DOH: Fireworks injuries drop, but New Year smog and stray bullets can kill too

Health authorities on Sunday recorded a significant drop in the number of firecracker-related incidents during the 2012 New Year revelry.

But Health Secretary Enrique Ona expressed concern over the smog on New Year’s Day and the number of injuries from stray bullets.

The thick air pollution left by fireworks led to flight cancellations in Manila, including those coming from Boracay, and threaten people with asthma and other respiratory problems.

Conflicting figures

Department of Health Secretary Enrique Ona noted there were 476 fireworks-related injuries recorded as of 6 a.m. Sunday – supposedly a 13-percent drop from 546 last year.

This 546 figure is, however, far from the 1,022 total, which  the DOH said in a news release on November 24 was the total number of injured in the welcome revelry for Year 2011. The difference between 1,022 and 476 is 546.

“The most number of injuries came from Metro Manila (298 or 66 percent), Region IV-A (29 or 6 percent) and Region I (28 or 6 percent),” National Epidemiology Center head Dr. Eric Tayag said on his Twitter account.

A separate report by radio dzBB’s Cecilia Villarosa said the figures were based on records from Dec. 21 to 31. The monitoring will continue until Jan. 5.

Ona also reported 18 injuries caused by stray bullets, and four more caused by ingestion of fireworks, Tayag said.

Tayag added that 80 percent of those affected were males, while age groups 1-10 (177 cases or 37 percent) and 11-20 (129 cases or 27 percent) were the most affected.

Smog

Ona also voiced worries over the smog that lingered early Sunday morning.

He said this could be a problem for those with asthma or respiratory problems.

He said he even considered going out of Metro Manila because of the smog.

“This is something that should be… part of our consideration in our strategy to go about this not only next year but in the years to come,” he added.

Top 5 injury-causing fireworks

The top 5 injury-causing fireworks were:

– Piccolo (150 or 33 percent)
– Kwitis (74 or 16 percent)
– Fountain (31 or 7 percent)
– Five star (24 or 5 percent)
– Luces (24 or 5 percent).

The police arrested 54 people in possession of illegal fireworks. The imported Piccolo, one of the most popular firecrackers and the leading cause of fireworks injuries, is illegal.

But Ona said he was worried that half of the firecracker-related injuries were due to “legal” fireworks, such as kwitis and fountain.

“Fifty percent of (fireworks-related) injuries were due to so-called legal firecrackers,” he said.

Asked how much the hospitalization costs may be for these injuries, he said “I’m sure this will not be less than P10 million.”

Gun ban?

Ona also said they may hold a summit on whether to impose a gun ban during the holidays.

He said he found “worrisome” the number of injuries from stray bullets.

“We have to rethink how strict will be our rules with regards to the indiscriminate firing of guns,” he said.

He said they have to find ways to make sure gun holders and gun owners will not fire their weapons during this time of year. — LBG/ELR, GMA News

Reconsider position on sheriff’s expenses, PAO asks SC

By Ina Reformina, ABS-CBN News
MANILA, Philippines – The Public Attorney’s Office (PAO) has filed a motion for reconsideration(MR) with the Supreme Court(SC) today on the high tribunal’s resolution dated Nov. 22, 2011 denying PAO’s request for exemption of its clients from payment of sheriff’s expenses.

In their 20-page MR, PAO lawyers argued that their non-exemption from said fees is contrary to Section 11, Article III of the Bill of Rights of the 1987 Constitution which state that “[f]ree access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.”

Speaking to reporters at the Department of Justice(DOJ) today, PAO chief Percida Acosta said had they received their copy of the resolution prior to the filing of the impeachment complaint against Chief Justice Renato Corona, the issue would have been included in the Articles of Impeachment.

Acosta slammed Supreme Court Administrator Jose Midas Marquez’s recommendation to deny the PAO of its request, which served as the basis for the high tribunal’s action.

Acosta invoked Sec. 6(16-d) of Republic Act No. 9406(PAO Law) which state that “the clients of the PAO shall be exempt from payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or on appeal.”

In his letter-response to a clarification requested by the PAO on the issue last February, Marquez reiterated an Office of the Court Administrator(OCA) circular in 2009 which state that the fees mentioned in the law only pertain to docket fees, appeal fees, fees for issuance of provisional remedies, mediation fees, sheriff’s fees, stenographer’s fees, and commissioner’s fees.

Marquez pointed out, however, that sheriff fees and sheriff’s expenses “are not similar in character.”

“Sheriff fees are included in the term ‘legal fees’ which are payable to the government, while sheriff’s expenses refer to the amount paid by litigants to defray the travel expenses of the sheriff/process server in serving court processes issued in relation to their case,” he said. (ABS-CBN)

Bryant struggles in Lakers’ loss to Nuggets

The Denver Nuggets got a measure of revenge against the Los Angeles Lakers, winning 99-90 on a night that saw Kobe Bryant shoot 6-of-28 from the field.

The Lakers had defeated the Nuggets in their previous game, 92-89, after Denver’s Danilo Gallinari botched a wide-open lay-up that could have tied the game in the final seconds.

This time, Gallinari was on target, scoring 20 points on 7-of-16 shooting and tallying 5 steals.

Meanwhile, Bryant struggled badly from the field, missing 22 of his shots, including 7 3-pointers. He also committed 6 turnovers and failed to get back on defense numerous times during the game.

Andrew Bynum had another strong game, with 18 points and 16 rebounds, while Pau Gasol had 20 points and 11 boards. But both players had few touches, with Gasol only having 15 field goal attempts, while Bynum had 12.

“I did not coach a good game and our players did not play a good game,” new Lakers head coach Mike Brown said afterward.

Ty Lawson had a double-double for Denver, with 17 points and 11 assists, while Nene had 13 points. Al Harrington, Andre Miller and Chris Andersen all came off the bench and scored 12 points each.

Bryant’s struggles on the court overshadowed a historic night wherein he became only the second guard in NBA history, after Michael Jordan, to score 28,000 points.

Chicago routs Memphis

The Chicago Bulls won their first game at home in the United Center, easily dispatching off the Memphis Grizzlies, 104-64.

Carlos Boozer led the Bulls with 17 points and 11 rebounds, while Derrick Rose had 16 points.

The Grizzlies continue to struggle without injured point guard Mike Conley, and suffered another scare when starting forward Zach Randolph bruised his right knee.

None of the Memphis starters scored in double figures, with Randolph scoring only 2 points and Rudy Gay scoring 5.

Kings dominate Hornets sans Cousins

The Sacramento Kings showed no effects of their on-going off-court drama, easily routing the New Orleans Hornets, 96-80, at home.

Kings head coach Paul Westphal decided to bench starting power forward DeMarcus Cousins for the game after Cousins reportedly demanded to be traded, but it seemed to have little effect on the Kings.

Former Rookie of the Year Tyreke Evans led all scorers with 27 points, while Marcus Thornton added 25 points.

The Hornets out-rebounded the Kings 60-41, but lacked scoring punch with starting guard Eric Gordon sitting out due to a knee injury.

Trevor Ariza topscored for the Hornets with 17 points. New Orleans missed all of their 3-point shots in the game. (ABS-CBN)

Supreme Court to resolve appeal to draft media guidelines

The Supreme Court (SC) is keen on formulating a new manual guide for the judiciary in dealing with media.

In a full court resolution, the SC ruled that it will study the letter dated September 8, 2011 of Ms. Riziel Ann A. Cabreros, Book Researcher, Newsbreak.

The resolution issued by the SC en banc was signed by lawyer Enriqueta Vidal, Clerk of Court.

The Court instead held in abeyance the plea of Cabreros in the process of studying it.

Cabreros had asked the court to issue a policy in providing access and giving copies of case records to the public which will serve as its guidelines.

She told the high court that the purpose of her letter is part of their effort to promote transparency and respect of the people’s right to information.

Instead, the high court consolidated the said letter with another administrative matter regarding the report of the task force to formulate a disclosure policy for the Supreme Court.

The SC resolved to “hold in abeyance the action on the Letter (of Cabreros), until receipt of the report of the Committee on Public Information as required in the resolution of August 8, 2006.”

The SC further resolved to “assign the subject consolidated administrative matters to the member-in-charge of…[another administrative matter], the lowest number matter.”

De Lima confirms threats to her life

Department of Justice (DOJ) Secretary Leila De Lima on Monday confirmed that there are serious threats to her life.

De Lima said that her close friends are telling her that there are people who are monitoring her movements.

”There was an advice that mayroon daw nagmamanman d’yan sa akin sa labas and even within. I have friends who try to monitor my situation,” De Lima told reporters in an ambush interview.

De Lima said that such information was reliable.

The members of the Intelligence Security Operations Group (ISOG) of the DOJ are now on alert because of the threats on the life of De Lima.

Aside from the ISOG members who are posted in the entire vicinity of the DOJ, other security personnel are scattered along the stretch of Padre Faura St., Ermita, Manila.

All the DOJ employees are required to wear their respective identification card (ID) so that the ISOG can easily monitor the employees and the visitors.

Court of Appeals clears ampatuan clan, cohorts on rebellion raps

The Ampatuan clan has been absolved by the Court of Appeals from rebellion charges, including its patriarch Andal Ampatuan Sr., former ARMM Governor Zaldy Ampatuan and several others.

This was after the appellate court junked the petition for review filed by the government, through the Office of the Solicitor General (OSG), questioning a Quezon City court decision dismissing rebellion raps against them in connection with the Maguindanao massacre in 2009.

The setback from the government came after the CA has affirmed the findings of Quezon City RTC in exonerating the Ampatuans and their cohorts.

In a 63-page decision, penned by Associate Justice Elihu Ybañez, the appeals court upheld the March 2010 ruling rendered by Judge Vivencio Baclig of Quezon City Regional Trial Court Branch 77 finding no probable cause to indict the clan for the said crime.

The CA blamed the prosecution for the weak case against them, saying that “a judge or fiscal may not go on with the prosecution in hope that some credible evidence might later turn up during trial. The prosecutors may have indeed abuse the criminal justice system.”

The lower court decision had held that there exists no probable cause to indict the accused.

Aside from Andal Sr. and Zaldy Ampatuan, also cleared  by the CA were Datu Anwar Ampatuan, Datu Sajid Islam Ampatuan, Datu Akmad Tato Ampatuan.

The CA also cleared the Ampatuan allies Akmad Abdullah Ulilisen, Kusain Akmad Sakilan, Duca Lendungan Amban, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Goldo B. Ampatuan, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr., Abdulla Kaliangat Ampatuan, Moneb Samir Ibrahim, Umpa Ugka Yarya, Dekay Idra Ulama, Kapid Gabriel Cabaya, Koka Batong Managilid, Sammy Ganda Macabuat and Manding Abdulkadir.

However, because of the pending multiple murder charges filed against them, the accused will have to stay in jail.

The powerful political kin have been blamed for the massacre of 57 people, where 32 of the victims were journalists in November 23, 2009. The rebellion charges was initially used by the government to arrest the Ampatuans since the murder charges were not yet established by the prosecutors.

According to the CA ruling on rebellion charges, the Department of Justice (DOJ) was not able to prove its claim of rebellion against the Ampatuans and their followers.

The DOJ had accused the Ampatuans of “conspiring, confederating and cooperating with each other… commanded their followers to rise publicly and take arms against the Republic for the purpose of removing allegiance to the government.”

The prosecution said that out of fear of uprising because of the massing of armed supporters who have formed a private army to resist government troops, the functions of the local government were paralyzed as employees went on mass leave.

According to the DOJ, the regional trial courts in the area were not functioning, refused to accept the application for search warrants for violation of PD 1866 to authorize the search of the properties of the heads of the rebellion.

The DOJ also alleged that there was undue delay in the issuance of court processes despite the exigency of the situation.

In spite of this, the CA ruling said that none of the rallyists were armed during the the rally on November 29, 2009 which was attended by ARMM officials from Basilan, Sulu and Tawi-Tawi, in full view of the police and military.

As to the allegations of clashes and gunfires, the appeals court also said that “the accused remind us that the information for rebellion was filed on December 9, 2009, whereas the alleged clashes occurred after December 9, 2009, thereby casting a serious constitutionality infirmity upon the information since the facts constitutive of the crime of rebellion took place subsequent to the indictment.”

“Petitioner (OSG) claims that the rebellion continued from November 24, 2009 to February 2010, yet in contrast, the martial law in Maguindanao was lifted on December 12, 2009, signifying that the rebellion had by then been crushed,” the CA ruling further averred.

The CA also said that even the military dug up thousands of firearms in Ampatuan-owned lots, there were no allegations that these arms had been used against the government.

It added that this also proved that there was no rebellion, for it contravenes claims of undisquised acs of armed uprising to topple the government.

Associate Justices Fernanda Lampas Peralta and Francisco Acosta both concurred with the ruling.