Teacher accused of

sexual harassment
CEBU, Philippines - A private school owner and teacher
was accused of sexual harassment and child abuse by a
14-year-old male student in Lapu-Lapu City.
The mother of the victim reported the alleged sexual
harassment at the Lapu-Lapu City Police Office. Based
on the victims account, the incident happened inside the
school bus on October 16 while he was heading home.
The victim, whose name withheld by The FREEMAN,
said the suspect was the one driving the school since
the school driver resigned. According to the victim, while
the other students were already brought home he was
asked by the teacher to sit beside him.
The victim obliged out of respect to the teacher. The
suspect later asked if he could kiss him on the cheek
which he also agreed thinking that the teacher did not
have any malice.
However, the teacher allegedly kissed his lips and
touched his private part. The student said he was given
P30 by the suspect and warned not to tell anyone about
what happened.
The incident allegedly resulted in the victims trauma. In
fact, he is currently undergoing psychological counseling
because of the trauma that he has endured.

3 men accused of sexual harassment in Manila

MANILA - Three men were accused of sexual
harassment in separate incidents in Manila.
In Sta. Mesa district, a man was accused of sexually
harassing a teenage girl in a poorly lit area.
The victim cried for help, resulting in the arrest of the
suspect, who was only identified as Carreon.
The suspect said he met the girl on social networking
site Facebook and it was not the first time that they met
each other.

Meanwhile, two other men, identified as Richard Bitoon

and Ariel Potot, were arrested after allegedly harassing
another teenage girl in Malate area.
The victim, aged 14, said the two drunk suspects
suddenly grabbed her after asking where in the area
they could hire female prostitutes.
The suspects are facing acts of lasciviousness and
corruption of minor charges.

General suspended over

sexual harassment case
MANILA, Philippines The military announced
the suspension of Brigadier General Noel
Miano on Thursday, February 20, the same day
the sexual harassment case filed against him
was elevated to the Sandiganbayan.
"He is suspended and he is serving his 6
months suspension," said Armed Forces
spokesperson Lieutenant Colonel Ramon
Zagala. Miano was relieved as the
commanding officer of the AFP Munitions
Control Center in Camp Aguinaldo.
Records submitted by the Office of the
Ombudsman show the case was filed by a
female part-time secretary who was also a
classmate of Miano's daughter. She said it
happened in March 2011 when she was alone
with the accused during a trip in Lucena City.
The complainant claimed Miano suprised her
by kissing her nape and brushing his arm
against her breast. She said he also groped
her chest and thighs.
Miano denied her allegations in a counteraffidavit. He said he hired the complainant to
help her family out of financial difficulties. But
the prosecution dismissed his explanation.

"(Miano) himself admitted that the

complainants father challenged him to a duel,
which is a natural reaction coming from the
father of a victim, the Ombudsman said in its
decision to indict the general.

For instance, there are 2.3 million

The prosecution said Miano violated Republic

Act 7877 or the Anti-Sexual Harassment Act of
1995. He took advantage of his position as
senior military officer to solicit sexual favors.

workforce is mired in rock-bottom

A 1981 graduate of the Philippine Military

Academy, Miano is a classmate of Armed
Forces chief of staff General Emmanuel
Bautista.

2.3M Filipino women still

suffer unfair labor
practices
MANILA, PhilippinesDespite the
popular notion that women were now
making strides in the workplace, Filipino
women still suffer from lower wages
and lower quality jobs when compared
to their male counterparts, a labor
think-tank said Thursday.
The Ecumenical Institute for Labor
Education and Research (EILER) said
that, based on the Bureau of Labor and
Employment Statistics 2011 Gender
Statistics on Labor and Employment,
women still bear the brunt of the highly
backward domestic economy as they
are concentrated on volatile and
informal jobs with low or no wages at
all.

Filipino women who render unpaid

labor especially in the countryside,
being classified as part of the unpaid
family workers. This segment of female
poverty and is highly prone to
exploitation and abuse, said Anna Leah
Escresa, EILER executive director.
Since they have no pre-determined
scope of work, unpaid female family
workers also experience long hours of
strenuous work that poses serious risks
to their health and reproductive wellbeing, she added.
Escresa said there were 1.63 million
Filipino women working in private
households, normally as helpers, who
suffer measly wages and unsecure
employment terms.
On an average, females working in
private households earn only P123.20
per day, or merely P3,203 a month.
Such wage rate is obviously inhumane
amid skyrocketing prices of oil and
basic commodities, Escresa said.
The think tank said that even in the
manufacturing sector, women were still
in a disadvantaged position since they
earn an average wage that is 7.3
percent lower than mens wage in the
sector.

Female factory workers earn on an

average P296.36 daily, lower than mens
daily rate of P319.75, though both wage
levels are still below the highest
mandated minimum wage of P426,
Escresa said.
Wage inequality is sharpest in the
hotels and restaurants subsector,
wherein women workers earn wages
that are 77.80 percent lower than their
male counterparts, Escresa she added.
According to EILER, the Philippine Labor
and Employment Plan (PLEP) 2011-2016
of the Aquino administration will not
address the grim state of Filipino
workers as the policy merely hinges on
employment facilitation rather than
creation of new and decent jobs.
Ironically, President Benigno Aquino III
chose to fancy different women while
ironically overlooking the current grim

The practice has effectively hobbled the already slow

growth of trade unionism. It has depressed wages, while
the employers enjoyed higher profits, and curbed the
workers exercise of their right to strike and undertake
other protest actions against management excesses.
Worse, it has engendered union-busting schemes
among enterprises besieged by labor disputes, not the
least by the big domestic and foreign-owned
corporations or their subsidiaries.
Currently involved in labor-contractualization and
union-busting disputes with its workers is NXP
Semiconductors Cabuyao, Inc., a subsidiary of the
global firm formerly known as Philips, which operates in
25 countries.
Located at the Light Industry Science Park 1 in Laguna,
the firm, which has 5,000 workers 1,700 of them
contractuals is in a deadlock over two issues in its
negotiation for a new collective bargaining agreement
with the NXPSCI Workers Union. These are: wage
increase and the regularization of contractual workers.
Among the bills provisions are those that would prevent
employers from terminating any worker except for just
cause, setting probationary employment at six-month
duration, after which period the worker becomes a
regular employee, and prescribing penalties for
violations. Specifically, amendment is sought for the
Labor Codes Articles 106-109, which have been
empowering the labor secretary to issue orders that will
promote the hiring of contractual workers.

conditions of Filipino women workers,

Escresa said.

GMA 7 talents fight against

unfair labor practice
Labor contractualization: A 25year bane to workers
Since 1989, under the amended Labor Code, labor
contractualization hiring workers for short-term, nonregular employment without the benefits accorded by
law to regular workers has become rampant among
business and industrial enterprises in the country.

Chloe Garcera-Ben worked for almost 13 years in

GMA Network Inc. (GMA-7), one of the three biggest
media conglomerates in the Philippines. She found
fulfillment in her job as the former head coordinator of
the Sumbungan ng Bayan of one of GMA-7s
biggest public affairs program, Imbestigator. Despite
the everyday stress caused by her work, listening to
peoples complaintssome even crying in front of her
she said there is a sense of validation especially

when some of them come back to her team just to

express how thankful they are.
However, she already heard the last of it. Last month,
the network did not renew her contract after she
refused to sign the Project Employment Contract
(PEC), the revamped version of the previous contract
offered by GMA-7 to its talents. This was how GMA 7
responded to the on-going labor dispute between the
management and its talents. The Talents Association
of GMA (TAG) filed a case against GMA 7 due to
unfair labor practice. GMA 7, however, denied the
allegations.
We have provided them with all the benefits due
them under the contract, so there is no such thing as
unfair labor practice. That is a generalization, and we
know for a fact that that is a baseless allegation, said
Attorney Regino Moreno, legal counsel of GMA 7.
TAG filed a labor case against GMA-7 in the National
Labor Relations Commission (NLRC) May this year.
The case had undergone a mediation process, which
prompted GMA 7 to come up with PEC.Bowe added
that another striking aspect of the new contract is their
13th month pay where equal portions of which will be
subtracted from their monthly salary.
Disappointed by the provisions stated in the PEC,

The Supreme Court (SC) has dismissed and disbarred a

municipal judge in
Batangas province after he was found guilty of extorting
P15,000 in November
1996 from three parents of five individuals who were
facing drug charges in his
sala.
Reyes' bribery case stemmed from the complaint of
Nenita Dalangin, Marina
Cordero and Nelia Evangelista who sought the help of
the National Bureau of
Investigation (NBI).
The three, whose sons were accused of drug pushing,
claimed Reyes had initially
demanded from them P240,000 in exchange for the
dismissal of the case, but this
was eventually reduced after the mothers said they did
not have enough
money.
The 15-member High Tribunal said Reyes' "conduct falls
short of the exacting
standards demanded by the legal profession, such that
his malfeasance in office
merits the ultimate penalty, that of expulsion from our
esteemed
brotherhood."

Prosecutor arrested for

bribery attempt

members of TAG pursued the case against the media

giant. In this light, GMA-7 appallingly decided to pre-

Manila, Philippines --- Agents from the National

terminate existing contracts unless the talents sign

the new one. Because of which, TAG resolutely

prosecutor in Zamboanga City who allegedly tried to

decided to elevate the labor case they filed against

GMA 7, from regularization to constructive
dismissal. On November 10, 2014, both parties are
expected to submit their position papers to NLRC.

Bureau of Investigation (NBI) yesterday nabbed a

bribe a principal witness in the case she's supposedly
handling.
The arrest of Deputy Prosecutor Roselyn Murillo of
Zamboanga City came a week after the NBI arrested

Despite fervidly working for GMA 7 for more than a

decade, talents like Garcera-Ben will not be receiving

Assistant State Prosecutor Diosdado Solidum Jr., who

any compensation from the network. It was simply

because talents were never considered as regular

Philippine Airlines Employees Association (PALEA).

employees.

NBI Deputy Director for Regional Operations Services

extorted some P2.5 million from 241 members of the

(NBI-DDROS) Virgilio Mendez confirmed the arrest

of Murillo and defense attorney Pherham Surian

Judge in bribery case fired

Saiddi of Zambasult at the Integrated Bar of the

Philippines (IBP) chapter.

Murillo underwent inquest at the Regional Prosecutor

Region IX in Zamboanga City for violations of
Republic Act (RA) 3019 (Anti-Graft and Corrupt
Practices Act), RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees) and
violation of Article 210 of the Revised Penal Code
(Direct Bribery).
"The two were arrested in an entrapment operation
sanctioned by Justice Secretary Leila de Lima,"
Mendez told the Manila Bulletin.
As this developed, PALEA asked the Department of
Justice (DOJ) to dismiss Solidum.
In a 10-page administrative complaint, the PALEA
members led by their president Gerry Rivera asked
DOJ Secretary Leila de Lima to impose on Solidum
the ultimate penalty of dismissal after he was able to
post bail on direct bribery and other charges filed by
the Ombudsman against him before the
Sandiganbayan.

Enrile gave 18 senators P1.6M each for

Christmas

Senate
President Juan Ponce Enrile played
Santa Claus last Christmas, making a list
and checking it twice as he gave gifts to
Senate members and personnel
apparently on the basis of who were
naughty or nice.

Enrile gave 22 senators a total of almost

P30 million, a gift that one senator said
was unconscionable and
unconstitutional.
The cash gift allegedly came from the
funds allotted for the Senate post
vacated by President Aquino when he
won the presidential election in 2010.
The Philippine Daily Inquirer on
Tuesday tried to set an interview with
Enrile in connection with the cash gift
but he was not immediately available. A
member of his staff said Enrile was on
his way out of town and could no
longer be reached for comment.
The various senators the Inquirer talked
to agreed that the P1.6 million bonanza
for each of the 18 senators was the
biggest yet. Enrile has been Senate
President since November 2008.
The senators could not remember the
amounts distributed in Christmases
past but the highest one recalled that it
was close to P1 million.
Enrile possibly made all Senate
employees happy, since according to
the Inquirer sourceseveryone,
including the drivers and the security
personnelbenefited from bigger
bonuses last Christmas, amounting to
up to P120,000 each. Some of them
said the amount varied from the
previous P55,000 to P80,000.
The Christmas gifts, billed as additional
MOOE or maintenance and other
operating expenses, certainly made the
Senate one of the happiest workplaces
last Christmas, but some were happier
than the others.

That was because the Senate

Presidents Christmas list for P1.6
million per senator did not include four
of his colleagues.
Senators Antonio Sonny Trillanes IV,
Miriam Defensor-Santiago, Alan Peter
and sister Pia Cayetano got only
P250,000 each, Inquirer sources said.

Those who do not comply with the law's provisions on

fair packaging, may be fined not less than P500, but
not more than P20,000, or jail time for at least three
months but not more than two years, or both.
Those who violate the law's provisions that prohibit
false, misleading or deceptive advertisements,
meantime, may be fined not less than P500, but not
more than P5,000, or an imprisonment of one month
up to six months, or both.

DOJ warns telcos against

misleading subscribers with
'unli Internet' promos
he Department of Justice (DOJ) has warned

Administrative sanctions may also be imposed on

erring telcos and/or violators that carry a fine of not
less than P500, but not more than P300,000, and an
additional fine for P1,000 for each day of continuing
violation.

telecommunications firms against "deceiving or

Apart from these penalties, telcos may also be ordered

misleading" subscribers with unlimited internet

to refund or compensate their subscribers by virtue of

packages that only provide the promised speed and

Article 164 (c) of the Consumer Act which provides

quality of service within a prescribed subscription

that "an act of restitution may be imposed upon the

period.

non-compliant service provider."

'Unlimited' should mean unlimited

In a nine-page advisory dated December 9 but
released to the media only on Friday, December 12,
Justice Secretary Leila De Lima said telcos that
practice this may be held liable for violations of
Republic Act (RA) No. 7394, also known as the

DOH stands firm vs

misleading ads on
supplements

Consumer Act of the Philippines, particularly the

provisions on fair packaging, and misleading trade
practice and advertisements.
The DOJ stressed that "unlimited" should mean
unlimited, in its truest sense, without restrictions or a

Despite a legal challenge from manufacturers, the

Health Department is standing pat on its drive against
misleading ads about food supplements.

decline in the quality of service after a certain period

of time or after the stated subscription period has
lapsed.
Under the law (Consumer Act), this kind of deceptive
business practice carries a penalty of P500 up to
P10,000, or imprisonment of at least five months up
to one year, or both.

Department of Health (DOH) Secretary Esperanza

Cabral on Saturday said she cannot allow the public
to buy food and herbal supplements because they
mistakenly believe these items can cure diseases.
The DOH had issued strict guidelines on the airing
and publication of misleading information on food
supplement ads. She also said her office has sought
the dismissal of charges lodged by makers of herbal
products, saying the charges against her were

baseless.
Our accusers claims are baseless. We cannot allow
consumers to think they can get well by buying
products with no proven curative properties, she said
in Filipino.
Besides, she said the order to place conspicuous
health notices was not an attempt to stop people from
buying the food-supplement products altogether.
Rather, Cabral said the objective of the order was to
stop misleading" advertisements. We must make
sure consumers have an idea what they are buying.
Many food supplements are being advertised as
surefire medicine)," she said(Important notice: The
product is not medicine and is not to be used for
treating diseases)," read the prescribed warning to be
printed or aired in print and broadcast ads, and in
sponsorship activities. Accordingly, the use of the
message or phrase No Approved Therapeutic Claim
shall no longer be allowed in any form of
advertisement, promotion and/or sponsorship
activities or materials concerning Food/Dietary
Supplements commencing from the effectivity of this
Order," she said.

ALKALINE WATER IONIZER is not registered with the

FDA-Center for Device Regulation, Radiation Health,
and Research. It is therefore a direct violation of RA
9711, otherwise known as the FDA Act of 2009, to sell
or offer for sale or advertise the said purification
device product that allegedly produce water known as
"alkaline water" and make therapeutic claims unless
covered by a Certificate of Product Registration (CPR)
and the importer/distributor is licensed by the FDA.
Drinking alkaline water or ionized water does not
change the blood pH level or remove every known
chronic disease condition. There are no scientific and
clinical studies that would support or back-up its health
and therapeutic claims. Consumers are, thus, strongly
advised not to fall prey to these types of misleading,
deceptive advertisements and are forewarned against
buying and using unregistered IZUMI ALKALINE WATER
IONIZER since it is not an FDA-approved water
purification device.
Thus, all consumers are advised to be more vigilant
and critical about on-line and printed advertisements
so as not to fall prey to the marketing schemes of
unscrupulous companies.
Also, the importer and advertiser of IZUMI 5P
ANTIOXIDANT WATER IONIZER is directed to
immediately stop from further importing, advertising
and selling the subject unregistered water purification
device unless registered with the FDA.

Public, warned
against deceptive
ads for Izumi
Antioxidant Alkaline
Water Ionizer
espite issuance of the aforesaid advisory, the FDA has
monitored the newspaper advertisement of IZUMI 5P
ANTIOXIDANT ALKALINE WATER IONIZER published in
the Philippine Daily Inquirer dated 31 March 2014 page
A-25 entitled The Secret to a Healthier, Longer Life
and Philippine Star, 4 April 2014 issue, page 13,
allegedly comparing the benefits of drinking alkaline
water produced by IZUMI IONIZER, to that of a
Japanese Guinness Book of Records holder Oldest
documented living person who was discovered to be
drinking water from a preserved water source. A quick
search at the FDA website reveals that IZUMI

LTFRB grants 50centavo minimum jeep

fare hikes in NCR,
Regions 3 and 4

Saying it found enough basis for a fare hike, the Land

Transportation Franchising and Regulatory Board on
Friday approved a 50-centavo increase in minimum
jeep fares, starting June 14.
LTFRB Chairman Winston Ginez, who announced the
fare adjustment, said this would increase the
minimum jeep fare in Metro Manila and Regions 3
and 4 from P8 to P8.50.

application of the Cost Recovery Method," Coloma

said.

Two oil firms hike fuel

prices

The fare hikes will take effect June 14.

At least two oil companies raised their

At a press conference partially aired on dzBB radio,

Ginez said the LTFRB considered "not only the
welfare of PUJ operators and drivers but of the
general public, especially the low- and middle-income
classes."

fuel prices yesterday citing movements

Under the order, fares will be adjusted as follows:

in the world market.

The PTT announced Monday night that
it will increase its gasoline, diesel and
kerosene products yesterday, according

- 50-centavo increase for the first four km, from P8 to

P8.50
- 10-centavo increase for succeeding km, from P1.40

to a dzBB radio report.

to P1.50

The PTT said it increased gasoline by 25

Ginez noted the fare hike petition by transport groups

was filed on Dec. 11 last year.

for diesel and 35 centavos per liter for

The groups sought an increase of P2 from P8 to P10

for the first four kilometers, and an increase of 35
centavos for the succeeding kilometers, from P1.40 to
P1.75.
In their petitions, the groups claimed drivers had been
shouldering the effect of diesel price hikes since the
last PUJ fare hike in February 2011.
But Ginez also noted such an increase would affect
the middle class and "erode their purchasing powers,"
and "may result in stronger calls for wage hikes."
Eventually, he said it may increase the cost of living of
the general public.
In a statement, Presidential Communications

centavos per liter, 55 centavos per liter

kerosene.
According also to the Petroleum Price
Watch, Shell also implemented a similar
price hike yesterday
The increase of domestic oil prices were
expected following weeks of softness as
global output appears steady despite
surging demand from growing
economies such as Chinaleading to

Operations Office head Herminio Coloma Jr. backed

the LTFRB and said the agency considered the rights

concerns of an oil supply squeeze.

and welfare of the commuting public, as well as those

of the PUJ operators and drivers.

Yesterdays fuel price increase by an

"Hence, the LTFRB sought the assistance of NEDA

expected, industry sources said.

and DOE, in ascertaining if there is factual basis for a

reasonable increase, then decided on a fair

average of 50 centavos per liter were

The estimated price increases will range

MANILA, PhilippinesOil firms are

from 45 to 55 centavos per liter for

rolling back fuel prices anew following

diesel and from 25 to 55 centavos for

predictions that demand may remain

gasoline.

weak all throughout 2015 amid an

Excluding expected adjustments this

week, the year-to-date net increase for
gasoline and diesel stand at 69

extended supply glut in the United

States, which is a leading market for
commodities.

centavos per liter and P2.23 per liter,

Petron, Shell, Chevron and Seaoil said

respectively.

in separate advisories they will cut

Amid the market buzz, transport groups

have expressed concern over the price
hikes this week.
In a statement, the militant transport
group Piston said oil prices should
remain low due to expected weakness
in US demand as a budget standstill has
prompted the worlds largest economy
to suspend non-essential government
services.
The Department of Energys Oil Monitor
noted that supply concerns had eased
over diplomatic developments in oilproducing Iran and the ongoing US

prices at 12:01 a.m. today. There will be

downward adjustments in gasoline
prices by P1.75 per liter, diesel by P1.55
per liter and kerosene by P1.80 per
liter.
Phoenix Petroleum Philippines said it
will slash the price of diesel by P1.55
per liter and gasoline by P1.75 per liter
effective 6 a.m. today. Phoenix
Petroleum does not sell kerosene
products.
The adjustments reflect movements in
the international petroleum market, the
oil firms said.

government shutdown, which began on

The price movements brought the total

Oct. 1.

year-to-date net decrease of gasoline to

P12.49 per liter and of diesel to P13.68
per liter.

Fuel prices going down,

down, down

On Friday, the International Energy

Agency (IEA), a consultancy to 29
countries, slashed its forecast for global
oil demand growth for 2015 by 230,000
barrels to 900,000 barrels, citing

expectations of lower fuel consumption

in oil-exporting countries such as
Russia.

The most serious problem is trade secret

thefts, which go on both inside and outside
China.
"Conditions are likely to deteriorate as long as
those committing such thefts, and those
benefiting, continue to operate with relative
impunity," the USTR said.
The thieves can use the stolen secrets to boost
their competitive advantage and even to enter
into business relationships with the victims, it
said.

US: China's theft of

trade secrets a major
concern

Washington said Wednesday that China's

efforts to steal US trade secrets are of
"significant concern" as it again listed the
country as a major violator of intellectual
property rights.
In its annual "Special 301" report on IP rights
violators, China led 10 countries on the US
Trade Representative's "priority watch list",
marking its 25th year on the list.
Despite some improvement in cooperation over
combating counterfeit products and software
and entertainment piracy, the USTR said,
China is still the center of huge losses for US
rights holders.
IP rights holders still face "serious obstacles" to
enforcing their rights in all forms inside China,
the report said.

"The United States strongly urges the Chinese

government to take serious steps to put an end
to these activities and to deter further activity
by rigorously investigating and prosecuting
trade secret thefts conducted by both cyber
and conventional means," the USTR said.
Also perennially present on the priority watch
list were Chile, India, Indonesia, Thailand and
Turkey, mostly accused of turning blind eyes to
widespread piracy of software, entertainment
and branded goods.
The others on the list were Russia, Algeria,
Pakistan and Argentina.
The USTR meanwhile praised Italy and the
Philippines for enforcement progress that saw
them removed from the broader "watch list" of
27 countries with high levels of violations of IP
rights.

CHINESE MILITARY
SUSPECTED OF
HACKING US TRADE
SECRETS
Last week, an American security firm
published a study that suggests that the
Chinese military is part of a sophisticated

hacking group that has targeted several

American companies.
On February 20, 2013, Mandiant, the
American computer security firm, published a
60-page study, which tracked members of a
sophisticated Chinese hacking group
known to those affected in the United States
as the Comment Crew or Shanghai
Group to a neighborhood where the
Peoples Liberation Army Unit 61398 (P.L.A.
Unit 61398) is located.
While the study could not place the hackers
inside the building housing the military unit,
in a New York Times interview, Kevin
Mandia, founder and chief executive of
Mandiant, stated: Either they are coming
from inside Unit 61398 or the people who run
the most-controlled, most-monitored Internet
networks in the world are clueless about
thousands of people generating attacks from
this one neighborhood.

2 charged with selling

Samsung trade secrets

EOUL ? South Korean prosecutors said Thursday

they have charged two people with stealing trade
secrets from Samsung Electronics, the second
alleged case of industrial espionage to be disclosed
this week.
The prosecutors in the southwestern city of
Gwangju said a former Samsung employee, who
now runs a partner firm, was accused of stealing
the company's side-by-side refrigerator designs
and marketing information.
The unidentified suspect sold them to a Chinese
home appliance company between 2005 and 2007
for a promised 240 million won (208,000 dollars)
but had received only 10 percent of this when
arrested.
The prosecutors, quoted by Yonhap news agency,
said a current Samsung Electronics employee was
charged with handing over designs and marketing
secrets.
On Wednesday, prosecutors announced the arrest
of 18 people allegedly involved in leaking Samsung
chip-making technologies to smaller domestic rival
Hynix Semiconductor through a US-basedsemiconductor equipment manufacturer.
They said a Hynix executive and two officials from
Applied Materials Korea (AMK) had been detained.
AMK is the Seoul branch of a firm that provides
semiconductor equipment to both Samsung and
Hynix, respectively the world's largest and second
largest manufacturer of computer memory chips.
Charges were also brought against 15 other
officials from AMK, Hynix and Samsung but they
were not detained.

AMK officials obtained industrial secrets and chipmaking technology from Samsung officials to pass
on to Hynix officials, prosecutor Byun Chan-Woo
told reporters Wednesday.
Hynix expressed regret but insisted it had not used
Samsung's technology in its chip development and
production.

say, ?Baka makamatay (This product may kill),? he

said.
Tacandong admitted that the FDA could not stop
the proliferation of all kinds of nutritional products in
the market.
?We acknowledge the problem ... we need a
stricter regulation on food supplements,?
Tacandong said.

DOJ warns telcos vs.

misleading unliInternet promos
DoH warns vs food
supplements hype
MANILA, Philippines?The Department of Health is
going after the makers of food supplements who
have gone overboard with their claims about the
wonders of their products.
Secretary Francisco Duque III said he had ordered
the Food and Drug Administration (FDA), which is
under the DoH, to go after food supplement
manufacturers ?engaged in misrepresentation? of
their products? supposed curative properties.
Duque said food supplement makers were able to
supersede the government-required warning, ?No
approved therapeutic claims,? by getting celebrities
to endorse their products.
?Their labels contain the warning, ?No approved
therapeutic claims,? but they get an actor to say
this and that. So I asked FDA Director (Nazarita)
Tacandong to go after these products,? Duque
said.
He said he also wanted the warning on the labels
made more prominent or graphic.
?Maybe the labeling could be made bigger, or we
could have graphic warnings, or we could say the
warning in Filipino. Maybe we can have the label

The Department of Justice (DOJ) has warned

telecommunication companies against misleading
subscribers with "unlimited" Internet connection that is
however "throttled" or regulated when usage reaches
a certain volume of data bits.
In a nine-page advisory, the DOJ declared that the
imposition of fair usage policy (FUP) of telcos on
unlimited Internet service is inconsistent with the
provisions of the Consumer Act of the Philippines,
particularly on fair packaging as well as misleading
trade practice and advertisements.
Telecommunication companies have recently imposed
FUP on all their Internet packages, including unlimited
Internet promos. The DOJ said in effect, "the Internet
connection is throttled when usage reaches a certain
volume of data bits."
"While there is nothing wrong with advertisements
and promotions, what is promised must be delivered,"
said Justice Secretary Leila de Lima. "Our laws
require not only truth in advertising but also fairness in
packaging and consistency in the provision of the
service."
Assistant Secretary Geronimo L. Sy, head of the for
Competition (OFC), compared the telcos' unlimited
Internet services to eating in buffet restaurants.
"Restaurants cannot offer an 'eat all you can' promo
and when a customer eats more than the average
person, [they have the option] to actually stop him or
not to honor the commitment," said Sy.

The DOJ said if the telcos really intend to put a cap

on unlimited Internet packages, the service should
instead be promoted as a consumable package and
not as an unlimited plan.
The DOJ called on the Department of Trade and
Industry (DTI) and the National Telecommunications
Commission (NTC) to monitor and penalize noncompliant telcos.
The DOJ warned the telcos that if they are found to
have committed this "deceptive business practice,"
they will be punished with a fine of "at least P500.00
but not more than P10,000 or imprisonment of at least
five months to at most one year or both."
Non-compliance with the requisites of fair packaging
is also subject to criminal penalties, which may be a
fine of not less than P500.00 but not more than
P20,000 or imprisonment of not less than three
months but not more than two years or both, said the
DOJ.
Last September, the DOJ had issued a separate
advisory that warns telcos against highlighting "with
speed up to (a certain number of) Mbps" just to lure
subscribers. It said the companies should instead
indicate the minimum speed of their internet services
in their ads and promos.
.

NBI uncovers
mislabeling scam
This was the stern warning of the National Bureau of
Investigation (NBI) after it uncovered a multimillion-peso
scam linking a Taytay, Rizal distributing firm to the
mislabeling and violation of the intellectual property
rights of popular energy drink Red Bull.
NBI agents swooped down on a warehouse on Ortigas
Avenue, Taytay recently and seized Red Bull products
with labels indicating these were brought into the country
and marketed nationwide under questionable
circumstances.
The seized products Red Bull Supreme energy drink
bore the company name of exclusive distributor Energy
Food and Drink (EFD) and the expiry date of September
2010.

How could this have happened without our knowledge

unless some people used illegal means? asked EFD
lawyer Gary Lauron.
Only EFD, according to Lauron, is authorized to import
and distribute Red Bull in the Philippines.

Nation ( Article MRec ), pagematch: 1, sectionmatch:

1
Only EFD has a permit from the Bureau of Food and
Drugs (BFAD) to import Red Bull. As per our records, the
products we have imported and marketed so far carry
our company name and the expiry date of December
2009, he said.
So where did the Red Bull Supreme energy drink
products with our company name and the expiry date of
September 2010 come from? How did these products
get into the country without our knowledge and without
any record entry at the Bureau of Customs? According to
our source, no less than 10 container vans of the
product had been brought in and marketed nationwide,
he added.
Each container van carried Red Bull products worth P1.5
million, Lauron said.
The EFD has filed a formal complaint with the BFAD and
the NBI-Intellectual Property Rights Division against the
suspects behind the Red Bull scam.

How a workers'
strike became the
Luisita Massacre
It is an illegal strike, no strike vote was called," thenTarlac Congressman Benigno Noynoy" Aquino III
said in a speech at the House of Representatives to
defend the dispersal of strikers at his familys
plantation, the Philippine Daily Inquirer reported on
November 17, 2004.
The day before, the dispersal at Hacienda Luisita left
at least seven people dead and 121 injured, 32 from
gunshot wounds. In his speech, Aquino condemned
the violence but defended the dispersal, saying the
police and soldiers were subjected to sniper fire
coming from an adjacent barangay." At the very
most, workers have a right to strike. One would
imagine congressmen would know that," De Quiros
wrote in his November 22, 2004 column. A strike is
neither illegal nor immoral, it is sanctioned by the
Constitution and enshrined in the tradition of the
workers movement. Only Lucio Tan and now Ninoys

namesake think it is not." n the blaze of gunfire . . .

Hacienda Luisita will always be the symbol of the
failure of EDSA to move the country from tyranny to
democracy . . . As in the days of the feudal manor,
serfs are owned by their landlords body and soul.
They can be told to do anything, including to agree to
stock option."

City, Laguna, protesters refused to stand down.

Finally: Ninoy Aquino might have been talking of

today when he said: Here is a land consecrated to
democracy but run by an entrenched plutocracy.
Here is a land of privilege and ranka republic
dedicated to equality but mired in an archaic system
of caste."

courts jurisdiction (and) should be tackled by

The court issued the injunction in favor of the

CCBPI on Tuesday afternoon and ordered the
workers to leave and allow the trucks ingress
and egress.
But labor issues are no longer within the local
Dole (Department of Labor and Employment),
said Avelino Fernando, president of the Unyon
ng mga Manggagawang Driver, Forklift Operator,
at Picker sa Sta. Rosa CCBPI-Independent.
Dole-Calabarzon (Cavite, Laguna, Batangas, Rizal,
Quezon) director Alex Avila on Wednesday said
the National Conciliation and Mediation Board
(NCMB), an office under the labor department,
was specifically on top of the issue.
But members of the NCMB refused to comment,
citing the court-issued TRO as a reason. NCMB
staff Minda dela Cruz said the board held a
conciliation meeting to find a win-win solution.

Workers strike at Coke

bottling plant in Laguna
SAN PEDRO, Laguna, Philippines Some 250
workers, mostly delivery truck drivers, haulers
and forklift operators, held their ground outside
the bottling plant of the Coca-Cola Bottlers
Philippines, Inc. (CCBPI) in Sta. Rosa City, Laguna
on Wednesday to protest what to them were
unfair labor practices.
The workers, who have been on strike since
Monday morning, barricaded four gates of the
bottling plant in Barangay (village) Pulong Sta.
Cruz, preventing truckloads of Coke products
from leaving or entering the plants premises.
Despite the issuance of a temporary restraining
order (TRO) by the Regional Trial Court in Bian

The protest stemmed from the

contractualization of some 430 workers, who,
Fernando said, had been with the company for
eight to ten years.

stations. The strike followed 15 grueling conciliation

conferences between management and staff to
resolve negotiations for their Collection Bargaining
Agreement (CBA).
According to reports, the union has accused RNM
management of hiring contractual workers instead of
filling vacant positions with regular employees as
stipulated in the CBA.

Philippine radio
broadcasting
union strike for
second time in two
years
e International Federation of Journalists (IFJ) joins its
affiliate the National Union of Journalists, of the
Philippines (NUJP) in declaring support and solidarity
for Radio Mindanao Network (RMN) colleagues who
have taken industrial action against management.
Members of the Davao Employees Union-National
Federation of Labor Unions- Kilusang Mayo launched
strike action on Thursday, October 2, temporarily
suspending operations of the networks AM and FM

The President of NUJP Weng Paraan said: It is

important to note that this is the second strike
mounted by the RMN Davao employees against
managements unfair labour practices and its
attempts to dissolve the union. This can only indicate
that RMN management is hell-bent on suppressing its
Davao employees rights to self-organisation to
protect their welfare and interests.
Sadly, the ordeal of our RMN Davao colleagues is
not isolated as more and more media outfits resort to
contractual hiring and other unfair labour practices in
their quest for ever larger profits. We call on all
Filipino journalists and workers to unite in demanding
better working conditions and welfare protection, not
only for ourselves and our families, but also towards
improving our profession in the service of the peoples
right to know.
IFJ Asia Pacific acting director Jane Worthington said:
We call on the Labour Department to assist with
resolving this issue quickly and fairly and call on the
station management to ensure that such practices are
not continued, as has been the case previously.