Noynoy asks SC to stop gerrymandering in Dato's congressional district

PRESIDENTIAL hopeful senator Benigno "Noynoy" C. Aquino III is asking the Supreme Court (SC) to declare unconstitutional a law carving up a new district in the province of Camarines Sur which he said is meant to potentially accommodate administration lawmakers.
In a 33-page petition, Aquino along with Naga City Mayor Jesse Robredo said the law ,Rep. Act No. 9716, which creates a third district from the present First District and Second District of the province would potentially favor palace allies particularly presidential son Dato Arroyo.
Before Arroyo, now budget and management secretary Rolando Andaya was the First District representative. "Now this law would favor for them (Arroyo and Andaya)" Aquino explained to reporters adding that the extra congressional district would mean the two would not need to run against each other should they both run.
RA 9716 entitled "An Act Reapportioning the Composition of the First and Second Legislative District in the Province of Camarines Sur and thereby Creating A New Legislative District from such Reapportionment" Aquino insists in his suit "constitutes grave abuse of discretion" and "violates the principle of proportional representation."
In asking the high court to declare the said law void in its entirety for being unconstitutional Aquino reapportionment of the coverage of congressional districts should not be based on how the new areas would benefit incumbent and would-be lawmakers.
"It is not a question of whether or not the congressman would agree to the creation of a new legislative district. It is a question if whether or not it would translate to better representation for the people living in the said locality, given that the population of a a particular locality has grown so much as to entitle it a new legislative district." Aquino said.
The son of former senator Benigno Aquino Jr underscored that "congressional reapportionment is an issue of the people represented not the representative"
He cited that the population of the first district in the newly reapportioned province of Camarines Sur as provided in RA 9716 is only 176,383 or way below the 250,000 population requirement as provided for in the constitution, the law should be struck down for being unconstitutional.
Aquino also said that since the law entails the disbursement of government funds and "given that RA 9716 is patently unconstitutional. the expenditure of government funds to implement its terms is in violation of law and is an ultra vires act."
RA 9716 originated as House Bill 4264 filed by Rep. Luis Villafuerte and was approved by the House of Representatives on June 11,2008.It was submitted to the Senate on June 17, 2008.
During public hearings, Senator Joker Arroyo and Rep. Villafuerte argued that the Constitution did not provide any minimum population requirement for the creation of congressional districts within a province.
They added that while the Constitution requires that cities must have at least 250,000 inhabitants to be entitled to a legislative district there is no such requirement for provinces.
The provinces of Batanes,Camiguiin,Siquijor among others have less than 250,000 inhabitants yet have their own legislaitve districts.
Before Rep. Act 9716 the First District is composed of the towns of Del Gallego, Ragay,Lupi,Sipocot,Cabusao,Libmanan,Minabalac ,Pamplona,Pasacao and San Fernando with a population of 417,300 two years ago.
The second district is composed of the towns of Gainza,Milaor,Pili,Ocampo,Camaligan,Canaman,Magarao,Bombon,Calabanga and Naga with a combined population of 474,899 in 2007.
With the reapportionmen of the two districts , the first district will have a population of 176,383 while the second district will have a population of 276,777 according to Aquino.###

Hayden charged, Belo cleared by DoJ

Manila--CRIMINAL charges for 'violence against women' have been recommended by the justice department (DoJ) against embattled physician Hayden Kho in connection with the complaint of starlet Katrina Halili, Ma. Katrina Iren Halili in real life.The case was filed yesterday morning at the Pasig regional trial court (RTC).

In a 24-page resolution, the DoJ panel headed by Senior State Prosecutor Emelie Fe M. De Los Santos recommended charging Kho for violation of Rep. Act No. 9262 otherwise known as the Anti-Violence Against Women and Children Act of 2004.The complaint filed against Dr. Maria Victoria 'Vicky' Belo-Henares, Erick Johnston Chua,Mark Herbert A. Rosario and Princess Marie S. Velasco were dismissed.

"We have not yet received a copy of the resolution but it only confirms what we have been saying from the start that Dr. Belo is innocent and there is not a scintilla of proof against her." Belo's lawyer Adel Tamano told reporters in connection with the development.

However the prosecutors recommended that the NBI be directed to conduct an investigation about the possible culpability of Kho, Belo and the other respondents who may be responsible for the uploading of the sex video and recommend their prosecution.

"What respondent Kho did to complainant is a clear betrayal of the trust and love she gave him that has caused her emotional or psychological distress and is as abhorrent as violence of any kind." the prosecutors said.

The panel cited a portion of the law which identifies violence against women as "engaging in purposeful, knowing or reckless conduct,personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child." and "causing mental or emotional anguish , public ridicule or humiliation to the woman or her child."

The DoJ panel added that the act of videotaping intimate moments with the complaiannt clearly shows his lack of respect for women. "He cannot simply justify said act with a disclaimer that the videotaping was not meant to be shown to anyone. He should own up and be responsible for his actions particularly when it affects another person's right and dignity."

The panel reiterated that Kho's "supposition and conclusion that he never intended anyone to see the video is untenably strained and far from truth."

Kho claims that he met Halili on August 22,2007 when he performed liposuction on her. A week after the liposuction was made Kho claims he received a call from Halili asking him to meet her in a hotel. He accepted the invitation and while there sensed that he was being seduced by her.

He also said that Halili and her friends were under the influence of drugs and she even offered him some. They used drugs and while under the influence became physically affectionate and had sex.

During their encounters he insists that the sex video was taken while the camera was on top of a television and was not hidden.

On December 9,2008 he learned that his then girlfriend Belo, asked his fraternity brother "Bistek" Rosario and friend Chua to go to his condominium to take his laptops and external drive. He realized that he was about to lose the love of his life and more importantly , the possibility that his deepest secret will be discovered. He then committed suicide for fear of the imminent consequences of his indiscretions but was saved by timely medical attention.

Kho maintains that ever since his computers and external drive was taken from him, he did not have personal knowledge what became of them and their contents. In May 2009, Kho said someone threatened him with the public release of the videos and blackmailed him for money. He claims to be a victim of circumstances.

Two security guards at the residence of Belo, Ervin Serviano and Rolly Canonoy confirmed that Chua arrived at Belo's residence on December 12,200.

Another witness, Jacquiline Thng,confirmed that she had dinner with Belo,Rosario and one Francis Labora at Silk Restaurant and that Chua later arrived and handed a disk to Belo.Chua for his part denies the charges and said that in the evening of December 09,2008, another respondent Velasco, an employee in the Belo Medical Group visited Belo in her residence and confessed that she had an affair with Kho.

In the same evening Chua said Belo asked him to retrieve the computers and hardware from Kho's apartment.Later while they were preparing to open the laptop they learned Kho attemted to commit suicide prompting them to bring Kho to the Makati Medical Center. A certain Martin Villaroman managed to open the laptop and found several recordings of Kho's sexual encounters. A copy was made and the file in the computer was then deleted.

Other members of the DoJ panel are Roseanne G. Elepano - Balauag, Ma. Lourdes C. Uy, Hjalmar M. Quintana , Jr. and Xerxes U. Garcia. The recommendation was approved by Chief State Prosecutor Jovencito Zuno.###