Rescue mission for stranded OFWs needed

The impact of the Covid 19 pandemic is making the lives of overseas Filipino workers more miserable

Not only has the pandemic caused many of them to lose their jobs in foreign lands; quite a number of them are distressed even more because they could not get a flight home and be reunited with their families in these uncertain times.

This is what I gathered last night from Saudi-based OFW Roi Gonzales in an interview on my YouTube livestream. His contract expired last June 4. HIs employer booked him for a flight home originally scheduled on August 4. However, flight cancellations pushed his scheduled return back several times now. And there is nothing definite about when he could get reunited with his family.

Gonzales is fortunate because his employer continues to provide him free housing and food. His biggest worry is that the last of his earnings have been sent home, and he has no more means to feed his family if his plight drags on. But there are thousands of others in Riyadh who are being housed in temporary quarters provided by the Philippine government in less comfortable conditions. The POLO-OWWA is feeling the pressure as every day, more Filipinos who have lost their jobs queue at the Embassy to ask for help.

The problem is that Philippine Airlines has been forced to cancel its flights because of the erratic behavior of the pandemic. Sudden spikes in Covid 19 cases in Saudi Arabia lead to abrupt changes in schedules, leaving OFWs who show up again and again even as chance passengers frustrated.

There are other airlines that continue flying, I learned. Gulf Air was one of the airlines mentioned by a viewer. Hence, the idea of chartering special flights becomes the most plausible option for the Philippine government. Make an inventory of the stranded Filipinos not only in Saudi Arabia but also in the rest of the Middle East so that plans can be made to fly them home in a series of chartered flights.

This can be a modern-day version of Noah’s Ark. This might cost more than usual repatriation, but I am sure President Duterte will not spare any expense to end the misery of our countrymen abroad. Of course, chartered flights are feasible only for places where there are hundreds or thousands of stranded Filipinos. The pandemic has forced imposed tremendous burdens on everybody. I am sure President Duterte will find a solution to this problem.

VP Robredo should ask Andy Bautista: where did 9.9 million votes go?

For more than five years now, Vice President Leni Robredo has made it a career to build a public image of a competent, hard-working and dedicated leader of the nation. At every opportunity, she tried to put down President Rodrigo Duterte by suggesting, unashamedly, that she could have done a better job in all aspects of the government. With the support of the mainstream media, VP Robredo never lacked media mileage. In fact, there was an overflow of it.

Those efforts, however, have achieved nothing. As in zero. After five years on the job, VP Robredo hasn’t gone up an inch in terms of her trust and approval ratings. Her poll numbers have stayed flat at near bottom, fluctuating every so slightly from 6 to 8%. She’s like a consumer product that, despite billions of pesos spent for advertising and marketing, couldn’t even get 10%. Her rival in the 2016 polls, former Senator Bongbong Marcos, is a constant second place in the surveys at around 14% without effort.

VP Robredo is aware of what her numbers are. And that’s the reason for her hesitation in deciding whether or not to seek the Presidency. As the incumbent VP, she is the most logical choice to lead the opposition as presidential candidate. Her partymates have said time and again, the privilege is hers for the taking. She doesn’t need to ask for it. All she needs to do is say, “yes”.

I find it hard to understand her hesitation. Is she hoping that a miracle would happen? Why is she “negotiating” with Senators Lacson and Gordon to “forge a unitied front”? What does she mean by “united”? That the others will step aside for her? Well, Lacson has every reason to insist about running. His numbers are statistically tied with VP Robredo. This is the reason he suggested his “formula” about all of them filing their candidacies, watch their numbers during the campaign period, and then give way to the front-runner among them close to the elections.

Why doesn’t VP Robredo simply back out of the race? She can’t possibly win under any scenario. Unless, of course, another hat trick is pulled off by Smartmatic.

But Andy Bautista has gone into self-exile, afraid to face the criminal charges that will arise from his corruption and the data leak that may been the precursor to the cheating.

And talking about Bautista, why doesn’t VP Robredo ask the former Comelec chair about where the 9.9 million votes that supposedly gave her a hairline of a margin over Marcos had gone? Translated to percentage, that number of votes is about 24.5%. That means when she assumed office, she had about one-fourth of Filipino voters supporting her. If that was true, she shouldn’t have had difficulty building up her power base in the course of five years. Is the logic hard for VP Robredo to comprehend?

By this time, with the abundance of media mileage she obtained from mainstream media, her figures should easily hover in the vicinity of 50%. That’s on the assumption that her PR campaign was effective.

From where I stand, VP Robredo’s situation unravels the truth about the cheating. There never was almost 10 million votes for her. It defies logic for her numbers to fall precipitously to just 8% after five years of massive marketing.

It’s time for VP Robredo to throw in the towel.

The power of the “share” button

Almost everybody now has a smartphone. Or at least for Filipinos with enough income to buy one, even second-hand. That means millions of Filipinos possess in their hands the most amazing gadget known to mankind, a revolutionary instrument that impacted lives like the Guttenberg printing press, the telephone and the internet itself. With a smartphone, one is “connected” to the world 24/7, and through that small handheld device flows tons and tons of information.

And because of this “connectivity”, technology has broken down traditional pathways of information to the masses. No longer do people need to listen to radio, watch television or buy newspapers to get the news. Half a century ago, radio stations delivered “the top news of the hour” to keep their listeners abreast with what was happening in the community, the nation and the world. Newspapers ran extra editions to push earth-shaking news stories to their readers at mid-day or afternoon. There were even PM editions of newspapers.

All that is all about gone. Newspapers, radio and television stations still exist. But their traditional form are about to become extinct. Print runs for newspapers are down more than half. FM stations have become dinosaurs as free music now streamed non-stop on Spotify. TV? Well, YouTube and Facebook are the dominant platforms now for video content.

What is the point of this?

Well, media as we have known it has turned upside down. And the power to shape public opinion through the news is no longer in the hands of media giants. The ordinary individual has claimed that power for himself or herself, because he or she can decide what to read, listen or watch on that small gadget.

Media organizations have been stripped of their monopoly for disseminating the news and information. That power is now vested in the “share” button on all social media platforms that in a matter of minutes can deliver a piece of news to tens of millions of people around the globe. The word “viral” didn’t exist for news and information until just about 20 years ago.

Now, the political landscape is being shaped largely by this “share” button. Politicians can rise or fall depending on which posts on Facebook, Twitter or YouTube get shared by Filipinos. And for the Philippine opposition, this is what brought about their downfall.

The “share” button can have bad consequences, because it can be a bullet-train for fake news. At the same time, the same power gives truth a fighting chance to quickly expose fake news before these can cause permanent harm.

Not too long ago, politicians had this “ambush-me” scenario in their bags of tricks before an election. This was when radio was the sole platform for rapid news dissemination (newspaper readers would have to wait the next day to know what happened). A day or two before election day, the underdogs staged fake ambushes on themselves and have it reported on radio to gain sympathy among voters. By the time the prank is exposed, the desired effect of manipulating the people’s emotions have been achieved.

The opposition made the mistake of relying on mainstream media to deliver their narrative. Unfortunately, the credibility of mainstream media is in tatters. The irony is that even if their narrative is true, the message is corrupted in transmission, and gets dismissed as fake news by news consumers.

There’s really nothng to worry about the susceptibility of the “share” button to be abused. It has its own way to level the playing field. A counterbalancing message can always be posted in a matter of minutes. The deciding factor is the credibility of the messenger, because no amount of information will accomplish the purpose if that is lacking.

Pacquiao’s own fake news to blame for the P3.5 billon Sarangani sports center controversy

Senator Emmanuel Dapidran Pacquiao thought he could outsmart the Filipino people, and President Duterte.

Two years ago, Pacquiao managed to push two bills into law: Republic Act No. 11214 and 11224. The first one authorized the creation, development and operation of a Philippine Sports Training Center (PSTC) for which the amount of P3.5 billion was appropriated. The second one creates the Sarangani Sports Training Center in the Municipality of Alabel, Sarangai province, with no fund appropriation in the law.

And when President Duterte signed RA 11214 into law in March 2019, Pacquiao profusely thanked the Chief Executive for making it happen. He said the PSTC will find a home in Sarangani province to provide state-of-the-art training facilities for future medal-winning athletes from around the country. He plastered the websites of the Sarangani Provincial Government and the Sarangani Sports Training Center with this press release:

Nothing has been heard about the project until lately, when Pastor Apollo Quiboloy bared pictures of a few structures at the SSTC where the P3.5 billion was supposed to have been spent (in Pacquiao’s own words). Quiboloy had every reason to complain, because what was shown on these pictures could not possibly have cost more than P100 million. From all indications, the project was overprice, and abandoned. Pacquiao’s own story supported Quiboloy’s assertion that public funds were wasted.

But upon investigation, I found out that the P3.5 billion is intact in the hands of the Philippine Sports Commission which is the custodian of the money. The mandate to search for a site was placed in the hands of the PSC. Pacquiao must have thought he could use his influence to get the PSC to turn the SSTC into the PSTC to fulfill his claim that it will rise in his province. That was the reason he got a law enacted for the SSTC. It was a legal cover for him to allow fund transfers from the PSC. Otherwise, the SSTC was a purely local undertaking, and didn’t need an act of Congress to create.

Pacquiao’s dream to build the PSTC in Sarangani was frustrated by the PSC, which found the idea ludicrous. Why build a state-of-the-art athletes training center — complete with dormitories, playing venues and other facilities in the boondocks of Alabel, Sarangani? Who would want to train in such a faraway place? Hence, the PSC looked for a suitable location near the national capital.

Just last May 2021, the PSC finally found a willing host — the provincial government of Bataan, which donated 25 hectares in Mariveles. The land grant was formalized in the signing of the deed of donation on May 18, 2021 between Bataan Governor Albert Raymond Garcia and PSC Chairman William Ramirez.

The selection of Mariveles was done with its proximity to the national capital and the historical significance of the place where tens of thousands of Filipino and American soldiers sacrificed their lives in defense of the country against the Japanese invading forces in World War II.

This must have been a big letdown for Pacquiao, who had wanted to build a Taj Mahal in his home province — a P3.5 billion athletes training center — when his own constituents remain poor and thousands are homeless. I can only speculate at how he tried to persuade PSC to give him the P3.5 billion and spend it lavishly on the SSTC.

Crafting two laws for almost exactly the same purpose was a clever trick Pacquiao tried to pull on the Filipino people.

First, he knew that RA 11214 creating the PSTC cannot spefically designate Sarangani as the place where it will rise. It would have drawn opposition so quickly and get it shot down. Hence, he had to create a mechanism that would make pole-vaulting the funds to Sarangani legal. Create the SSTC by operation of law. There’s no need for a law to create the SSTC. By all standards, it was a purely local project. That would make it hard for Pacquiao to transfer the P3.5 billion to the SSTC and transform it into the PSTC. Somebody must have given him the idea to create an entity under the law, which he did by virtue of RA 11224.

With those two laws standing side by side, Pacquiao had a perfect and legal mechanism to accomplish his dream of building a Taj Mahal of his own: a dream all-around training center that will be the envy of athletes from other cities and provinces and municipalities. In RA 11224 creating the SSTC, Pacquiao inserted the phrase in Section 3 that the project can draw funds from the government (PSC), “and such funds as may be granted by the PSC and the Office of the President.”

It’s a good thing PSC resisted such devious scheme hatched by Pacquiao. That project would have become a white elephant.

Pacquiao could not blame Quiboloy and Sass Sassot and other pro-Duterte bloggers for raising questions about the project. The last public pronouncement on record attributable to him was that the P3.5 billion was to be poured into Sarangani. For all intents and purposes, anybody who came across his press release two years ago and looked at the project will have reason to conclude the money was misused, or even stolen.

This controversy is karma for Pacquiao. He said his reputation was tarnished because of the fake news. If it is fake news, he has only himself to blame. He was too quick to claim the amount of P3.5 billion for Sarangani. That was his own fake news.

It’s a classic illustration of Pacquiao getting a dose of his own medicine. Last month, he accused the Duterte administration of squandering P10 billion in a totally baseless manner. He presented stacks of bond paper to make them look like documents to support his claim. However, it was too obvious these were reams and reams of bond paper that had nothing in them. Now his own fake news came back to put him in a huge embarrassing situation

California judge denies Paradigm Sports plea for injunction

The scheduled Pacquiao-Spence bout on August 21 this year at the T-Mobile Arena in Las Vegas, Nevada is a GO.

This developed early today (August 6, 2021) after the Superior Court of California in Orange County denied the application of plaintiff Paradigm Sports Management to issue a preliminary injunction and protect its rights and interests in the breach of contract case it brought against Senator Emmanuel Dapidran Pacquiao.

In his ruling, Judge Walther P. Schwarm of the Department C19 Court said that “The court finds the evidence demonstrates a low probability of prevailing on the breach of contract and breach of the implied covenant of good faith and fair dealing causes of action.”

“Thus, Plaintiff has the burden of showing a higher degree of harm.  The court finds that the balance of harm weighs in favor of Intervenor and Defendant as discussed above,” Judge Schwarm said in his ruling that was issued at 11 a.m., August 5, 2021.

“Therefore, the court DENIES Plaintiff’s (Paradigm Sports Management, LLC) Motion for Preliminary Injunction filed on 7-20-21 under ROA No. 123,” he said.

More details to be revealed in my YouTube livestream at 9:30 a.m. Manila time.

Onion-skinned: Pacquiao’s downfall

The heat must have become unbearable for Senator Emmanuel Dapidran Pacquiao.

With less than three weeks to go before his 12-round bout with American boxing champion Errol Spence, Jr., Pacquiao has found himself facing hostility at home.

In the years past, the last few weeks before Pacquiao went up the ring were invariably filled with excitement and anticipation, with the entire nation throwing its full support behind him.

It’s an entirely different story now. Hate is the overpowering emotion that millions of Filipinos are feeling towards him. No longer is he being seen as the national pride; more and more, Filipinos are deriding him, insulting him, even wishing him to be knocked out by Spence. He is becoming the national shame.

It all started when Pacquiao manifested his ambition to become President of the country Nothing wrong with that. But his world suddenly went upside down when he started to attack President Rodrigo Roa Duterte. Pacquiao began talking of the President’s “weak” posture on the West Philippine Sea and unleashed charges of corruption that had doubled or tripled during this administration. He recklessly groped inside a beehive.

Pacquiao had over-estimated his own capabilities. He must have believed he had magical powers from his popularity as world boxing champion that could overturn the rock-sold support of Filipinos for President Duterte. At once, the warrior bees — Filipinos from all walks of life — swarmed all over Pacquiao, stinking him with their social media criticism and pummeling him from all directions. Pacquiao had never experienced such punishment in his entire career as a boxer.

The other day (August 3, 2021), his lawyer wrote a letter to the Philippine National Police (PNP) asking for help to identify the individuals behind what he described as “fake news” about the alleged misuse of public funds for the construction of a P3.5 billion sports center in Sarangani Province. The lawyer also sought help to pin down the people who supposedly disseminated a memorandum purportedly signed by Pacquiao directing the legal committee chairman of PDP-Laban to purge Secretary Al Cusi, Atty. Melvin Matibag and Astravel Pimentel-Naik. The signature was forged, the lawyer said.

This is ridiculous. Pacquiao is threatening to sue the people who have ganged up on him social media for allegedly posting fake news about him. All of a sudden, Pacquiao revealed that beneath his thick face hardened by countless jabs and hooks, he has onion skin. The Pacquiao who can endure powerful blows from champion boxers to become eight-division boxing champion has an Achilles heel: he cannot stand criticism, ridicule and insults.

Pacquiao wants to throw mud at the President and his top officials without basis, and here he is, crying foul that ordinary Filipinos are getting back at him with their own tiny fists in the form of Facebook, Twitter and YouTube. The big difference is that the issues against him are grounded upon facts. His ridiculous accusations against the Duterte government are baseless. And yet he has the temerity to threaten his critics with cyberlibel!

Unfortunately, this threat will not scare people in social media. Being “pikon” reveals Pacquiao’s vulnerability, and his critics will only strike harder and harder. He forgot the saying that “those who live in glass houses shouldn’t throw stones” at others. His over-arching ambition is what led him to this situation. There is no way out for him. His downfall is inevitable.

Why did Lacson-Sotto tandem postpone formal launch?

After the news broke out that Vice President Leni Robredo met with Senators Ping Lacson and Richard Gordon last week, I began to turn this in my mind and look for possible scenarios that might unfold as a consequence. For one thing, it’s rather late in the game for Ms. Robredo to reach out to other possible presidential candidates and try to find “common ground”. And why is Ms. Robredo the one making the moves? Why not 1Sambayan and its convenors?

As former CNN anchor Frank Sesno wrote in his book, “Ask More: The Power of Questions to Unlock Doors, Uncover Solutions and Spark Change,” we need to constantly look behind the news by simply asking simple questions. “Smart people make smarter people,” Sesno said. This is the skill that is painfully lacking in the mainstream media. That’s the reason there’s little substance in the news. So let me answer my own questions and offer educated guesses.

First, I look at these meetings with suspicion. It came just before 11 U.S. Democratic Senators wrote the U.S. State Department to “stand with the Filipino people against a pattern of abuses” by the Duterte administration. Something is cooking here. With survey after survey putting Ms. Robredo in the lower rungs among presidential probables, the logical thing for her to do is withdraw from consideration and allow 1Sambayan to become more aggressive in its search for a viable candidate.

But Ms. Robredo appears to be holding on to something. As Senate Minority Leader Franklin M. Drilon said on Tuesday, “there is no basis for the assessment that VP Robredo is no longer considering her candidacy for a higher post.” The Liberal Party is keeping the stove flame at low just enough to put Ms. Robredo’s presidential aspirations in slow boil.

Meanwhile, I received information from Iloilo City that Robredo political ads are being aired with regularity in Iloilo radio stations. I can only presume that the same thing is happening in other parts of the country. It’s not as if Ms. Robredo lacks for media mileage. Maybe her PR handlers are hoping that a massive radio offensive will bring her to the level of the masses and turn her numbers around.

Two weeks ago, Lacson and Sotto surprised everybody by announcing that their candidacy is a go. Call it an informal announcement but it served its purpose. The Filipino people have been served notice that we now have a tandem ready to be scrutinized as a possible president and vice president of the Republic. When that happened, I wondered: why couldn’t the Pi-Sot tandem wait for the original schedule of August 4 to formally make their plans public? The duo had started going around on their “Tour of Luzon” to consult with local leaders and get a feel of how they would fare. That consultation process was shortened with the surprise announcement.

And so here we are: just two days before the originally scheduled formal launch, Sotto announced it was being postponed to September 8 out of deference to the impending enhanced community quarantine for the national capital region and key cities because of the resurgence of the Covid 19.

Wait a minute.

The ECQ is set to start on August 6 until the 20th. The schedule for the formal launch is August 4 (that’s today). What is the relevance of the ECQ to the formal launch being postpoined? Out of sensitivity? That’s hypocrisy! The filing of certifcates of candidacy will be on October 1 to 9 this year. If they wait until September 8, that would leave them less than a month before the deadline.

This is looking more like a political flying trapeze act. The explanation given by Sotto fails to convince me about the true reason. Something is cooking, and the Filipino citizenry must raise their vigilance to prevent external forces from trying to influence the outcome of the elections.

California Superior Court ruling to allow TGB Promotions to intervene in Paradigm case vs. Pacquiao

Intervenor’s (TGB Promotions, LLC) Motion to Intervene (Motion), filed on 7-26-21 under ROA No. 71, is GRANTED.

Code of Civil Procedure section 387, subdivision (d), states, “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: [¶] (A) A provision of law confers an unconditional right to intervene. [¶] (B) The  person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties. [¶] (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either parties, or an interest against both.”

Carlsbad Police Officers Association v. City of Carlsbad (2020) 49 Cal.App.5th 135, 148 (CPOA), states, “Section 387 recognizes two forms of intervention. The first is compulsory. Under subdivision (d)(1)(B), a trial court ‘shall, upon timely application, permit a nonparty to intervene in the action or proceeding’ if that person ‘claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one of the existing parties.’ In other words, to establish a right to mandatory intervention, the nonparty must: (1) show a protectable interest in the subject of the action, (2) demonstrate that the disposition of the action may impair or impede its ability to protect that interest; and (3) demonstrate that its interests are not adequately represented by the existing parties. [Citation.] These criteria are virtually identical to those for compulsory joinder of an indispensable party. [Citation.] [¶] If intervention is not compulsory, leave to intervene may also be granted on permissive grounds. Under section 387, subdivision (d)(2), ‘[t]he court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.’ Permissive intervention is appropriate if: ‘(1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any opposition by the parties presently in the action.’ [Citations.]”  City of Malibu v. California Coastal Commission (2005) 128 Cal.App.4th 897, 902 (City of Malibu) provides, “ ‘[C]ourts have recognized California Code of Civil Procedure section 387 should be liberally construed in favor of intervention. [Citation.]’ [Citation.] Nonetheless, ‘[a] trial court has broad discretion in determining whether to permit intervention. [Citations.]’ [Citations.]”

First, the Intervenor has timely filed this Motion because Plaintiff (Paradigm Sports Management, LLC) recently filed the Complaint on 6-25-21 (ROA No. 2).  The court has not heard any application for a temporary restraining order or motion for a preliminary injunction before Intervenor filed this Motion.  Based on the court’s 7-30-21 Minute Order, the court has scheduled Plaintiff’s Motion for a Preliminary Injunction on 8-6-21. 

Second, the declaration of Tom Brown, supports mandatory and permissive intervention.  As to mandatory intervention, this declaration shows that Intervenor has a protectable interest in the subject o this action.  The declaration states in part: (1) “Both Pacquiao and Spence were interested in fighting each other. On May 21, 2021, Pacquiao agreed to fight Spence as the ‘2nd Fight,’ obligation he owed to TGB. The Pacquiao-Spence fight is scheduled for August 21, 2021. The boxing match between Pacquiao and Spence will be the ‘2nd Fight’ under the 2018 Agreement, the Second Amendment, and the Third Amendment.”  (Brown Decl., ¶ 16); (2) “TGB determined the site for the bout.” (Brown Decl., ¶ 19a.); (3) TGB entered into discussions with its broadcast partner, Fox Sports, to commence the process of airing the August 21 Pacquiao-Spence match on its pay-per-view (PPV) platform.” (Brown Decl., ¶ 19b.); (3) “TGB solicited sponsors and advertisers for the event . . . .” (Brown Decl., ¶ 19c.); (4) “TGB also ‘filled the card’ for the August 21 Pacquiao-Spence match.” (Brown Decl., ¶ 19d.); (5) “All of above described efforts would be wasted and lost if Paradigm is allowed to stop the August 21 Pacquiao-Spence match.”  (Brown Decl. ¶ 20.); (6) “. . . an order stopping the August 21 Pacquiao-Spence match would impose staggering financial and reputational harm on TGB . . . .” (Brown Decl., ¶ 33.); and (7) TGB has a contractual relationship with Defendant (Emmanuel Dapidran Pacquiao). (Brown Decl., ¶¶ 9-17 and Exhibit A.)

Plaintiff’s Complaint requests, “Interim/injunctive relief enjoining Pacquiao from participating in the Spence fight on August 21, 2021, until further order of the Court.” (Complaint; 20:16-17.)  Intervenor has a protectable interest in the August 21, 2021 fight because Intervenor claims it has a contractual relationship with Defendant, and has expended significant efforts in organizing the fight.  Intervenor would lose the results of those efforts based on Plaintiff’s requested injunctive relief.

Third, Intervenor has demonstrated that stopping the fight would impair TGB’s ability to protect its interests because it would result in TGB losing the efforts it expended in organizing the fight and the results those efforts.

Fourth, Plaintiff cannot adequately represent Intervenor’s rights because Plaintiff seeks relief that contradicts Intervenor’s rights.  Defendant cannot adequately represent Intervenor’s interests because Defendant did not enter into the other relationships, as described by the Brown declaration, necessary to organize the fight.

Thus, the court GRANTS the Motion as to mandatory intervention.

Even if mandatory intervention were not required, permissive intervention is appropriate.  “To support permissive intervention, it is well settled that the proposed intervener’s interest in the litigation must be direct rather than consequential, and it must be an interest that is capable of determination in the action. [Citations.] The requirement of a direct and immediate interest means that the interest must be of such a direct and immediate nature that the moving party ‘ “will either gain or lose by the direct legal operation and effect of the judgment.” [Citation.]’ [Citations.] ‘A person has a direct interest justifying intervention in litigation where the judgment in the action of itself adds to or detracts from his legal rights without reference to rights and duties not involved in the litigation. [Citation.]’ [Citation.] Conversely, ‘An interest is consequential and thus insufficient for intervention when the action in which intervention is sought does not directly affect it although the results of the action may indirectly benefit or harm its owner.’ [Citation.]” (City and County of San Francisco v. State of California (2005) 128 Cal.App.4th 1030, 1037 (City and County of San Francisco) (Italics in City and County of San Francisco).)  “In order that a party be permitted to intervene it is not necessary that his interest in the action be such that he will inevitably be affected by the judgment. It is enough that there be a substantial probability that his interests will be so affected.” (Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 881 (Timberidge) (Italics in Timberidge.).) 

Intervenor has followed the proper procedures in bringing this Motion.  As discussed above, TGB has a direct and immediate interest in Plaintiff’s fourth cause of action for declaratory relief and in any injunctive relief Plaintiff may seek.  That is, the requested injunctive relief will impact Intervenor’s ability to proceed with the fight it has organized.  It does not appear that the proposed intervention will enlarge the issues.  Finally, the reasons for intervention outweigh any opposition because of Plaintiff’s requested injunctive relief.  Thus, the court GRANTS the Motion as to permissive intervention.

Based on the above, the court GRANTS Intervenor’s (TGB Promotions, LLC) Motion to Intervene filed on 7-26-21 under ROA No. 71. 

Intervenor is to give notice.

TGB Promotions intervenes in Paradigm-Pacquiao case; seeks to prevent injunction

A massive legal battle will unfold on Friday, August 6, 2021 before the Superior Court of California when lawyers for Paradigm Sports Management LLC will argue its motion for the issuance of a preliminary injunction to stop the scheduled bout between Manny Pacquiao and Errol Spence, Jr. less than three weeks from now.

This developed as Judge Walter P. Schwarm of Department C19 in Orange County ruled to allow TGB Promotions LLC, the organizer of the August 21 fight, to be admitted as intervenor in the case and actively take part in Thursday’s deliberations to avoid suffering huge financial losses and embarrassment in the event Paradigm’s plea to stop it is granted.

The ruling was published on the website of the Superior Court of California, County of Orange on Monday, August 2, 2021.

Judge Schwarm noted that TGB Promotions was able to file its motion to intervene on time and persuaded the court that it had substantial financial and reputational interests at stake in the fight that might be adversely affected if it issues a preliminary injunction.

In its motion for leave to intervene, TGB Promotions said that Pacquiao had an outstanding contractual obligation with the agency to fight for a second time in a contract signed in 2018 that had undergone two amendments. Both Pacquiao and Spence had shown interest in facing each other on the ring and announced an agreement had been reached on May 21, 2021.

Since then, TGB Promotions said it had already booked the venue at the T-Mobile Arena in Las Vegas, signed a contract with Fox Sports TV for the pay-per-view coverage, and took on sponsors and advertisers.

For its part, Paradigm asked the court to require Pacquiao to deposit in an escrow account the amount of $8.1 million to guarantee payment of any damages should its petition for a preliminary injunction is not granted. At the same time, Paradigm asked the court to issue a TRO to prevent Pacquiao from entering into any other agreement to fight after Spence while the civil case is being resolved.

Fail more to win: lessons from the gold medal victory of Hidilyn Diaz

The title sounds crazy, right?

From childhood, almost of us have been programmed to avoid failure. Parents scold us for coming home with scratches and dirty clothes. These do not conform to how kids rules of behavior. In school, we study hard to earn passing grades at the least. Notching honors are rewards for the intelligent and studious. Everything we are taught is aimed at making each of us obey and follow the conventions. In college, we are taught the knowledge and skills that would make us fit into the production-line workforce. Not to meet those standards is viewed as failure.

Naturally, most people grow into adulthood with that fear of failure deeply etched in their minds. As a result, we develop many phobias — fear of public speaking, fear of messing up the production line at work, fear of trying new ideas and ways of doing anything. Failure is met with scorn, ridicule and rejection. It could get us fired.

What many people don’t realize is that this fear is what is stopping them from realizing their potential. It is keeping them poor, consigned to trod on the path of ordinary workers. No matter how long and how hard they work, they simply can’t achieve success in their endeavors. Frustration envelops them. Why can’t they succeed? Why is failure a constant in their lives?

The simple answer is that their fear of failure is what brings them their fate. Day in and day out, they perform their routines at the job place with regularity, often to the point of boredom. Success will always be elusive for as long as people don’t try what they are afraid of — public speaking, writing, tweaking with their job processes in search of a better way to do things, etc. By the time they reach retirement age, they realize they’ve not done anything worthwhile with their lives.

Tokyo 2020 Olympics – Weightlifting – Women’s 55kg – Group A – Tokyo International Forum, Tokyo, Japan – July 26, 2021. Hidilyn Diaz of the Philippines celebrates after a lift. REUTERS/Edgard Garrido

The recent gold medal victory of Filipina weightlifter Hidilyn Diaz provides a good illustration of how she overcame a long line of failures behind her to achieve her biggest dream.

Diaz had trained hard for the 2020 Olympics after winning a silver medal in the Rio Olympics. She knew she could win the gold. But then the Covid 19 struck, and all her plans seemed to evaporate. Stranded in Malaysia, she fought uncertainty and fear that all her efforts would amount to nothing. She had to cope with loneliness and depression.

Throughout her life, Diaz had encountered numerous stumbles and falls. She endured the humiliation of defeat. Somehow, her strong will and determination kept her on. Every failure was just a stepping stone to victory. She wasn’t afraid to fail. The easy thing to do when the pandemic hit was to give it all up and try to go home. Her Olympic gold medal dream was ready to fade with the cancellation of the games last year.

Diaz swept aside all her fears and focused on her training. At the back of her mind, the Olympics might just re-emerge from the darkness, and her dream can move closer to reality. The rest, as the saying goes, is history.