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Mike Navallo

29 Apr, 14 tweets, 4 min read

Justice Sec Menardo Guevarra on ANC's Headstart said distribution of ivermectin, not registered for human use in PH, "apparently violates the FDA law."

Will there be basis for warrantless arrests of Rep. Mike Defensor and Rep. Rodante Marcoleta?

No categorical answer from SOJ.

Guevarra notes there are 2 exemptions for distribution of ivermectin cited by FDA director general: thru compassionate use authorization and when it is compounded by duly licensed pharmacies. In both cases, these should be supported by doctor's prescription.

Guevarra: So, if Rep. Defensor and Rep. Marcoleta's act of distributing ivermectin would fall under any of these 2 situations, it would appear that they can put this up as a defense just in case a complaint is filed.

Guevarra earlier declined to warn Reps. Defensor and Marcoleta against distributing ivermectin despite his position on the issue, saying legal basis for the exemption is subject to "further determination."

We ask Guevarra: Wouldn’t Rep. Marcoleta and Defensor’s defenses be raised appropriately only before prosecutor (if complaint is filed) or before court (if charged)? If so, would there be basis for law enforcers to make a warrantless arrest based on the existing facts alone?

Guevarra: Our prosecutors will make a ruling when the issue is actually before them. For now, call yan ng law enforcement agents.

Guevarra had previously warned Kapa-Community Ministry International officials and members could face arrest without warrant if they continue to sell investments without a license.

news.abs-cbn.com/news/07/02/19/…

DOJ prosecutors, in the case of Bikoy video-sharer Rodel Jayme, justified his warrantless arrest not only as hot pursuit, but also saying offense was still being committed at time of his arrest, effectively making the offense a continuing crime.

news.abs-cbn.com/news/05/06/19/…

The DOJ also said last year, at the start of the lockdown, that quarantine violators can be immediately arrested without a warrant, only to call for community service instead of arrests and fines a year later.

news.abs-cbn.com/spotlight/03/1…

But DOJ early on ruled out warrantless arrest over Sen. Koko Pimentel's alleged quarantine breach when he visited a hospital with his wife despite undergoing #COVID19 test which turned out positive. DOJ eventually junked the complaint vs. Pimentel.

news.abs-cbn.com/news/03/25/20/…

The NBI last year arrested without a warrant teacher Ronnel Mas who offered a bounty on social media for the President's life. Olongapo court found his arrest illegal. Prosecutors also junked re-filed complaint vs. Mas.

news.abs-cbn.com/news/06/25/20/…

news.abs-cbn.com/news/02/20/21/…

Does recipients' signing of a waiver upon receipt of ivermectin absolve lawmakers distributing it of liability? Guevarra says that a criminal offense, in general, is against People of PH and a person's waiver will not extinguish any criminal liability.

Guevarra: In general, a criminal offense is committed against the People of the Philippines and not just against a particular person (except in private offenses such as adultery). So that person's waiver does not extinguish any criminal liability...

FULL STORY:

Can lawmakers be arrested for distributing ivermectin? Up to law enforcers, says justice chief

news.abs-cbn.com/news/04/29/21/…

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More from @mikenavallo

Mike Navallo

@mikenavallo

30 Apr

NOW: At a PH Bar Association webinar on the West PH Sea this morning, retired SC SAJ Antonio Carpio says there are 2 challenges to enforcement of 2016 arbitral award: China and President Rodrigo Duterte.

Carpio enumerates instances when Duterte committed "self-inflicted blows":
-Duterte set aside award to secure $22B loans and investments from China but on less than 5% has so far materialized
-Sept 2016: Duterte said PH navy will patrol only territorial seas, not EEZ

Carpio enumerates instances when Duterte committed "self-inflicted blows":
-Duterte entered into verbal fishing agreement with Chinese Pres. Xi Jinping, a derogation of exclusive sovereign right of Filipinos to fish in WPS
-Duterte admitted being "inutil" in defending WPS

Read 18 tweets

Mike Navallo

@mikenavallo

29 Apr

Ret. SC Senior Associate Justice Antonio Carpio responds to Pres Duterte’s statement last night taunting him: “If you’re bright, why did we lose the West Philippine Sea?”

Carpio: Pres Aquino won South China Sea Arbitration; Pres Duterte set it aside.

Carpio explained that he was still with the Judiciary when China grabbed Scarborough Shoal in 2012 (Executive determines foreign policy) but he pushed to fight China’s 9-dash line by enforcing UN Convention on the Law of the Sea. PH won arbitration in July 2016.

Carpio reminds Duterte that he “set aside” arbitration win in exchange for $22B loans and grants from China, of which not even 5% has materialized. Duterte allowed Chinese to fish in West PH Sea despite admitting fish there is not enough for PH.

Read 6 tweets

Mike Navallo

@mikenavallo

11 Mar

Justice Sec Menardo Guevarra says DOJ will endorse the investigation of the Calabarzon deaths to the AO 35 committee, as there is sufficient evidence that the victims were members of cause-oriented groups carrying out legitimate dissent.

UPDATE on Christine Dacera: NBI will make a move tomorrow, says SOJ Guevarra.

NBI spox Ferdinand Lavin earlier said NBI will file a case either today or tomorrow but won’t be joined with pending Makati Prosec’s prelim investigation.

On the Commonwealth shootout, Guevarra says investigation is ongoing; CCTV footages, affidavits of civilian witnesses, sworn statements of PDEA and PNP operatives have been obtained.

Read 6 tweets

Mike Navallo

@mikenavallo

11 Mar

Standoff continues outside the Antipolo Memorial Homes as bodies of 4 who were killed during Bloody Sunday are still being held despite payment and submission of docs. Families are inside, not allowed to go out since last night. Their lawyers not allowed to come in.

Commission on Human Rights staff try to broker a dialogue between police and NUPL lawyers who are representing the families of the 4 killed. NUPL lawyers are demanding the release of the families.

WATCH: Families of the 4 killed ask that they be allowed to go outside the gate of the Antipolo Funeral Home. They said they expected to claim the bodies, not to be detained.

Read 26 tweets

Mike Navallo

@mikenavallo

11 Mar

The Evangelistas were then taken to another house where traces of blood on the floor could still be seen. Police cordoned off the area, leaving their families unaware of the couple’s whereabouts. Pronounced dead on arrival at a hospital, they were found in a funeral home.

Ariel’s death certificate shows he died of gunshot wounds which hit his heart and lungs while a gunshot wound perforated Chai’s heart, lungs, liver and intestines. Their families say they also had abrasions, wounds, broken bones.

The families of Ariel and Chai deny they are communist rebels, insisting they merely opposed putting up of fish cages off their shore which would have threatened their livelihood. The couple relied on fishing, offering their beachfront cottages for rent and growing plants.

Read 6 tweets

Mike Navallo

@mikenavallo

11 Mar

TV Patrol Wednesday:

The families of slain couple Ariel Evangelista, 25, and his wife Chai, 30, refute police’s claim they fought back or “nanlaban” in Sunday’s dawn raid in Nasugbu, Batangas.

Imelda Evangelista, Ariel’s mother:

Paano pong makakalaban ay nakaposas, antemano’y nakaposas na. Tapos tinanggalan nila ng posas, nangangapa na ang aking anak, pilay na. Sino naman po ang makakalaban dun?

What really happened? Ariel’s 10-yr-old child, who was sleeping in the same room with the Evangelistas, said the couple were dragged out of their cottage. He hid beneath the bed.

Due to ethical concerns, we did not interview the child to avoid adding to the trauma.

Read 5 tweets

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