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December 11 - 17, 2006 | Volume 20 No. 50
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‘REMING’S DEATH TOLL: 1,316 DEAD, MISSING


THE CALM AFTER THE STORM. Residents affected by mudslides during Typhoon Durian cross a makeshift bridge in
Daraga town, Albay province, south of Manila December 6. (MNSwire photo)


LEGAZPI CITY -- One week after typhoon-spawned killer mudslides ravaged the Bicol region, dead bodies continued to be washed onto the shores of coastal villages as heavy rains hampered rescue and relief efforts.

Even as more aid poured into the Bicol region, east of Manila, the toll of dead and missing continued to rise further, leading government officials to call for a massive relocation of residents from vulnerable areas.

On Monday, President Gloria Macapagal-Arroyo declared a state of national calamity and ordered the Department of Budget and Management to release P1 billion for relief and rehabilitation efforts.

Supertyphoon Reming (international codename Durian), which hit the country last week, triggered deadly volcanic mudflows that came cascading down Mayon volcano, inundating dozens of villages near this eastern provincial capital.

The civil defense office on Thursday, December 7, said it had confirmed 1,316 dead or missing from the storm, even as rescue teams found more bodies in the mud.

In the coastal village of Puro, two decomposed bodies washed up on the shore after heavy rains, residents and rescuers said.


Rescue teams said the bodies may have been washed into the sea from the slopes of the villages of Mayon after being buried by the mudslides.


Late Wednesday, volunteers from local mining companies, acting as rescue teams, said they had found four more bodies as they dug through the mud near Legazpi City.

Despite an overwhelming stench, the miners used bare hands and shovels to excavate the area, finding mostly dead animals.

Stunned residents returning to the village of Isarog searched for their homes beneath the deluge of mud that covered their community, and tried to salvage refrigerators, televisions and washing machines.

The area continued to be hit by intermittent heavy rains even while most of Bicol suffered from lack of power, telephone and water services.

Anthony Golez, deputy head of the civil defense office said water and medicine were needed for the thousands of people displaced by the storm and the mudflows.

Officials said the government would have to get serious about relocating the thousands of people who live on the slopes of Mayon, a still-active volcano around 350 kilometers southeast of Manila, “It appears that the best option is the permanent evacuation of all the families living within the hazard zones of the Mayon volcano,” Press Secretary Ignacio Bunye said.

“We cannot allow the threat of such a tragic incident to hover endlessly over thousands of people who are obviously in danger every time a weather disturbance hits the area,” he remarked.

He said President Arroyo would make the “clear cut decisions... to end the perennial cycle of death and destruction,” and was willing to allocate the resources needed to carry out the permanent evacuation, although he did not specify how much money or how many people were involved.

Although Mayon is active and has menaced surrounding areas with eruptions in recent years, many villagers refuse to leave their farms on the slopes of Mayon due to the fertile volcanic soil.

Around 30,000 residents of villages on the slopes of Mayon were forced to evacuate in August when the volcano showed signs of erupting. However they returned home in September after it simmered down.

More than 1.6 million people were affected by the storm when it passed through the country last week and estimates of damage were placed at P1.266 billion ($25.47 million). (MNS)

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Maria’s fake doctor-killer gets 20 years
By Rita Villadiego

NEW YORK -- –Dean Faiello, the fake cosmetic doctor responsible for a botched surgery that led to the death of Filipina American Maria Pilar Cruz, was meted 20 years in jail and 5 years in probation.

Parents of Cruz wept during the hearing:

“We will not forget the treacherous, inhuman and irresponsible act of Faiello who killed our daughter. For years, our lives were suspended in limbo and we were tormented and agonized that it took a toll in our health,” said Rodolfo de la Cruz, 75, father of Maria.

Faiello’s sentence will greatly reduce the burdens of Cruz’ parents, who agreed for a shorter sentence to Faiello to escape the trauma of longer hearing.

“It’s a relief for us. But we are not contented with justice. Our pains will not go away, But there’s nothing that can replace Maria,” said Irenea de la Cruz, 69 , mother of Maria.

Manhattan Supreme Court Justice Gregory Carro issued the sentence to Faiello last Monday. Carro denounced as senseless and depraved acts the crimes of Faiello.

“Cruz was a wonderful, humorous and kind. I failed to give her medical attention. She died in my arms. What I did was unforgivable,” Faiello who read his statement at the court hearing, as Cruz’s father, Rodolfo, wept in the audience.

Faiello failed to get help when Cruz starting having seizures when he injected her with an anesthetic.

But Manhattan Supreme Court Justice Gregory Carro noted that Faiello read his entire apology.

“It did not ring from the heart, but we know you’re heartless as demonstrated by ... your senseless and depraved act,” Carro said.

A doctor advised Faiello to take Cruz to a hospital, but Faiello did not dial 911 because he did not want to jeopardize a pending plea deal for practicing medicine on another patient without a license, prosecutor Ann Prunty said.

After Cruz died, Faiello buried the 35-year-old financial analyst in the backyard of his Newark home and then fled to Costa Rica, where he was caught 10 months later.

New Jersey police found her body in 2004, hidden in a suitcase in a concrete in Faiello’s former home in Newark, New Jersey.

For many months, he was a fugitive, Faiello had been sighted frequenting gay bars and spas in seedy area of San Jose, Costa Rica. He was a cocaine addict and had worked as a go-go dancer in a gay bar.

Cruz had been missing since April 13, the day she had a surgery appointment with Faiello and her parents were looking for her in New York and New Jersey.

“We were tormented with worries at that time, not knowing where she was. We agonized and cried every single day,” Rodolfo said.

Rodolfo and Irenea flew from the Philippines to attend the hearing at Manhattan Superior Court “My daughter was a simple, generous and loving child. She had a promising future but her life was snatched by this man who victimized her,” said Rodolfo.

Cruz, 35, was an investment banker at Barclays Capital and was earning $180,000 a year.

She graduated with honors at Fordham University and worked at Citibank.

Maria graduated cum laude at Maryknoll College in Quezon City, Philippines.

Rodolfo and his wife will return to the Philippines on Saturday. They will visit the remains of Maria every day in a Manila mausoleum. They plan to hold a Mass for her. Rodolfo also thanked the media for giving them courage to pursue the case.

“We miss Maria. She had a beautiful life. We will not be able to hold her and talk to her anymore. Our lives won’t never be the same again,” said Rodolfo.

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US, Britain, Australia warn: Cebu target of terrorist attack

CEBU CITY -- The United States, Britain and Australia on Thursday warned of a possible terror attack in Cebu, which is hosting the 12th Asean Summit in a few days, but drew quick denials from Philippine security officials.

The US embassy in Manila warned in a warden’s letter to US citizens posted on its website Thursday that it has received information that a “ terrorist group may be planning to carry out a terror attack in Cebu. “

It did not specify where in Cebu that a possible terror attack might take place or whether it was specifically aimed at the Asean Summit but the embassy warned US citizens to avoid travel to the tourist island and urged Americans already in the island to “ reassess their own personal safety and avoid public gathering places. “

Earlier on the same day, a British foreign office travel advisory issued this warning: “ We advise against all travel to Cebu province, as we believe that terrorists are in the final stages of planning attacks. “

The advisory did not elaborate and British embassy spokesmen could not be contacted for comment.

Prior to the US and British terror warnings, a similar warning was issued by Australia.


Cebu is hosting the annual Asean Summit next week and the regional grouping’s 10 leaders will not only be meet ing among themselves but are also scheduled to hold talks with their counterparts from at least six major trading partners as part of the second East Asia Summit.


The British advisory, while similarly as non-specific as were the US and Australian warnings, was more chilling: “ We continue to receive reports that terrorist groups are planning further attacks and believe that they have the capacity and the intent to carry out attacks at any time and anywhere in the country.“

It said civilians in public places, including those frequented by foreigners, remain a target.

Terrorists with links to al Qaeda, such as the Southeast Asian-bred Jemaah Islamiyah, will be a key security concern during the summit, which opens Monday, December 11 officials said.

PNP regional director Silverio Alarcio confirmed that he himself has received similar reports of possible attacks as early as June but said there have been no specific details about the plots.

Nevertheless, he said security forces are ready and doing their best to secure the summit.

Alarcio also said the US and British warnings only showed their concern for everybody, especially since terrorism has become a global problem.

The same was echoed by other security officials.

“ We have not received any validated threat that would really show there will be an attack during the conduct of the Asean Summit or attempts directly involved with the Asean Summit, “ said military spokesman Lt. Col. Bartolome Bacarro.

PNP spokesman Sr. Supt. Samuel Pagdilao aired similar sentiments, saying as far as the police were concerned, “ there has been no specific and direct terror threat received in connection with the Asean Summit. “

Bacarro, however, said he could not discount the possibility that some group might stage an attack when the Asean leaders met in Cebu from December 10-13.

But he said security forces “ are all prepared and all contingencies have been taken into consideration, “ including possible attacks by sea or air.

Asean groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Aside from the leaders of these countries, the leaders of dialogue partners Australia, China, India, Japan, New Zealand and South Korea will also be coming.

Some 6,000 police and soldiers have been deployed in Cebu to secure the Asean leaders and other dignitaries attending the meetings.

The Department of Foreign Affairs said the British security assessment may not be accurate. “ They have to say what they have to say. We have to respect their assessment. But I won’t lose sleep over it. Their assessment is based on what they see or don’t see. But they don’t know our own security undertaking, “ Asean spokesman Victoriano Lecaros told reporters.

Cebu Governor Gwendolyn Garcia is confident the travel advisory will not deter the delegates from attending the summit. “I already said and I think that preparations in terms of security have started months ago and all of these I’m sure have been considered.“

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US Marine guilty of raping Filipina, 3 others acquitted

MANILA -- One of four US Marines accused of raping a Filipina in Subic last year was found guilty while three others were acquitted by a local court.

Lance Corporal Daniel Smith faces up to 40 years in prison following the verdict handed down by Judge Benjamin Pozon of Branch 139 of the Makati regional trial court (RTC).
“The prosecution having presented sufficient evidence against Lance Corporal Daniel J. Smith, also of the US Marine Corps assigned at the USS Essex, this court hereby finds him guilty beyond reasonable doubt of the crime of rape,” Pozon said in his ruling.

He was also ordered to pay P50,000 in compensatory and P50,000 in moral damages.

Meanwhile, the court acquitted Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier for lack of evidence.

Pozon ruled on the case 23 days before the one-year deadline under the Visiting Forces Agreement to finish the case or return the Marines to US jurisdiction would have expired.


‘Nicole,’ a court-appointed pseudonym, had accused Smith of raping her at the Subic Bay Freeport on Nov. 1, 2005 while the other three allegedly cheered him on.


Smith had claimed that the sex act was “consensual.”

The courtroom was placed under heavy security amid protests by leftist groups and women’s rights advocates who have warned acquittals would be unacceptable.

Evalyn Ursua, lawyer for the alleged victim, said acquittals could only be challenged under “exceptional circumstances” under Philippine law.

“Generally, an aqcuittal results in a final judgment,” Ursua said.

The four Americans had just taken part in joint military exercises.

Smith’s Filipino lawyer Ricardo Diaz said his client would appeal a guilty verdict.

He added that he hoped the judge’s decision “would be based on evidence” and ignore “political distractions.”

The four-month trial, which ended on October 5, unleashed a wave of anti-American protests and demonstrations outside the US embassy and around Manila.

It led to calls from the opposition for the abolition of the VFA.

While the agreement protects soldiers from prosecution during exercises, it is less specific when it comes to crimes committed while on leave.

One controversial provision allowed the US embassy here to have custody of the four defendants during the trial.

Not since the 1960s has a criminal case involving US servicemen created so much bitterness and anti-American feeling than what is popularly referred to as the Subic Bay rape case.

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