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DILG, PNP preparing for Teves return
Both the Department of Justice and the Philippine National Police are making preparations to secure the detention of expelled Negros Oriental congressman Arnolfo Teves Jr. once he arrives from East Timor where he was arrested on Thursday after months in hiding......»»
SC: Prescription period for cyber libel is 1 year, not 12,15 years
Cyber libel cases should be filed within a year upon the discovery of the complainant, the Supreme Court (SC) clarified in a decision released on Friday. .....»»
SMNI files motion to inhibit NTC execs
SONSHINE Media Network International (SMNI) has taken action against three National Telecommunications Commission (NTC) officials, filing a motion on January 4 to request their inhibition from an ongoing administrative case. The motion, filed by SMNI's legal representatives Mark Tolentino and Rolex Suplico, argues that NTC officials Commissioner Ella Lopez and Deputy Commissioners Jon Salvahan and Alvin Blanco should recuse themselves due to perceived bias. Tolentino pointed out a perceived conflict of interest within the NTC, stating, On its face, the show cause order suffers from a fatal flaw. NTC is the judge, NTC is also the complainant, and NTC is likewise the executioner. This is worse than an impartial judge, which is totally abhorred in this country. He emphasized the violation of due process, highlighting the necessity for the neutrality of an impartial judge. Suplico echoed these concerns, stating, In short, we cannot expect justice from the NTC in this case. This motion comes in response to NTC's issuance of a show cause order against SMNI in December 2023, which alleged franchise violations and resulted in a 30-day suspension. SMNI's legal counsel argued that the dual role of the NTC officials violates due process, stating, In the instant case… appearance of impartiality can never be obtained with the dual function of this Honorable Commission, that being the judge and complainant at the same time. Suplico also questioned why the case was not directly handled by the three NTC commissioners, expressing concerns about the authority of the hearing officer in conducting the hearing. He emphasized the significance of public interest in the case and raised doubts about the hearing officer's jurisdiction. The case has been submitted for resolution, with a decision expected soon. SMNI's lawyers have requested an extension until January 20 to file a responsive pleading. In a related development, Davao City-based legislator Margarita “Migs” Ignacia B. Nograles proposed a resolution urging the NTC to suspend SMNI's operations, citing alleged franchise violations and the dissemination of false information as grounds for suspension. Former president Rodrigo Duterte also criticized the suspension of two SMNI programs by the Movie and Television Review and Classification Board (MTRCB), calling it a violation of his right to free expression. This motion by SMNI reflects the ongoing legal and regulatory challenges it faces, with implications for freedom of expression and due process. The resolution proposed by Nograles adds another layer of complexity to the situation, indicating the broader impact of these developments on media operations and regulatory oversight......»»
NTC commissioners asked to inhibit from SMNI franchise case
In a six-page motion filed by SMNI’s lawyers before the NTC on Thursday, they said that the regulatory commission’s “impartiality” being both the “complainant and judge” violates due process of law. .....»»
Scammer slapped with charges
The National Bureau of Investigation announced on Sunday that it has file charges against an alleged scammer who promised an investor between 10 percent and 25 percent returns in her invested money. The charges of Estafa under Article 315, 2(a) of the Revised Penal Code for the alleged investment scam was filed before the Quezon City prosecutors office by the NBI shortly after the suspect was arrested in Quezon City recently. Investigation showed that the suspect had convinced one victim to invest P400,000 and promised it would earn interest ranging from 10 to 25 percent depending on the term/paid-out date. “Believing the representations of the suspect, the complainant invested a total amount of P400,000 paid on various dates starting from February to April 2023,” the NBI said. “However, (the suspect) failed to make good her promise to pay the complainant with the agreed pay-out of her investment despite numerous demands.” The unnamed complainant told investigators that the money she gave the suspect “was not really invested and that the suspect has no Securities and Exchange Commission registration.” When the suspect asked for P440,000 in additional investment, the complainant decided to file a complaint in the NBI, which promptly launched an entrapment operation. The post Scammer slapped with charges appeared first on Daily Tribune......»»
CCTV cam gives away bike ‘thief’
One of several robbery suspects was nabbed for allegedly burglarizing a house in Pasig City Thursday morning, carting away a motorcycle, a wristwatch and debit cards of a sales staff. The police on Friday said the arrested suspect was identified only as alias Kokoy, 24 years old, a resident of Phase 3, Lupang Arienda, Taytay, Rizal. According to the complainant, identified only as alias Harvey, 24 years old, he parked his Yamaha Aerox motorcycle beside his rented apartment and went to sleep. Subsequently, when he woke up, he noticed that their sliding window was opened and his Casio wrist watch worth P3,000, a black leather wallet containing P1,500, debit cards, and personal identification cards that were placed on top of the sink were missing. He immediately went out to check his motorcycle, and to his surprise, it was also missing, he said. The victim viewed the CCTV footage from his neighbor leading to the discovery of the three male suspects carting away the motor bike and the filing of a complaint with the anti-carnapping unit of the Pasig City police. The post CCTV cam gives away bike ‘thief’ appeared first on Daily Tribune......»»
Charges filed against sugar chief Serafica
The Ombudsman will file criminal charges against Sugar Regulatory Administration's erstwhile chief, Hermenegildo Serafica, for breaching the Government Procurement Reform Act arising from the alleged procurement of farming tools that was delayed for nearly three years. In a 21-page joint resolution, Ombudsman Samuel Martires found probable cause to indict Serafica of the charges for violating Section 65 (a)(2) of the law, which penalizes any public official who delays "without justifiable cause, the screening for eligibility and awarding of contracts beyond the prescribed periods of bids or other documents." The case stemmed from almost three-year lapses from the issuance of the notice of the award to the signing of the contract for the procurement of 25 units of ripper harrower, which complainant Josephino Agosto argued that the prescribed timeframe for the process was limited to a mere ten days. The complaint accused Serafica of deliberately prolonging the issuance of the Notice to Proceed for nearly three years, with the purported intention of negotiating terms with the bidder, Super Trade Enterprises. "In this particular case, this Office cannot turn a blind eye on the three-year period it took to issue a notice to proceed," the Ombudsman said. "The delayed award, by itself, could have only amounted to Simple Neglect of Duty and Misconduct but the protracted period to notify the supplier to proceed with the delivery of the harrows is a badge of (1) want of even the slightest care, or a conscious indifference to consequences, and (2) flagrant disregard of an established rule," it added. Apart from filing charges, the Ombudsman also ordered Serafica's perpetual disqualification from holding public office. Since Serafica vacated the post in 2022 following the sugar importation fiasco, the Ombudsman said he would still face a penalty of fine equivalent to equivalent to one year's salary. Meanwhile, graft raps against Serafica were ordered dismissed. The post Charges filed against sugar chief Serafica appeared first on Daily Tribune......»»
Topacio: ‘President Arroyo has done no wrongdoing during her term’
The camp of Pampanga Rep. Gloria Macapagal-Arroyo deemed "baseless" the graft and malversation raps filed against the former president before the Ombudsman last week, accusing her of abuse of discretion over the disbursement of P38.807 billion in Malamapya funds during her presidency. Arroyo's legal counsel, Ferdinand Topacio, said that while they have yet to receive the copy of the complaint-- and learned about it through the news-- they have no doubt that the accusations will be disproven. "Suffice it to state that based on newspaper reports, the complainant admits that the funds concerned were used for public purposes," the lawyer said. "In accordance with settled legal principles, Pres. Arroyo has done no wrongdoing during her term, and we are confident that these charges will be proven false, in the same manner, that other accusations made before them have been shown to be baseless," he said. Topacio was referring to a 34-page complaint filed by National Association of Electricity Consumers for Reforms or NASECORE president Petronilo "Pete" Ilagan and Boses ng Konsyumer Alliance Inc. president Rogelio Reyes, suing Arroyo of 96 counts each of graft and malversation. The complainants cited irregularities in the utilization of Malampaya funds during Arroyo's incumbency, specifically the realigning of the revenues to finance government projects for which the funds were not intended. Arroyo was the Philippine president from 2001 to 2010. Ilagan and Reyes accused Arroyo of taking advantage of her post in allowing the use of P38.807 billion of Malampaya funds for purposes other than the avowed intention of Presidential Decree 910 and as highlighted by a 2017 special audit on the fund by the Commission on Audit. PD 910, signed in 1976, mandates that the profits from Malampaya remitted to the government should be used to finance energy resource development and exploration activities. However, it also stipulates that Malampaya earnings can also be used for "other purposes as directed by the President," which the complainants argued was abused by Arroyo. "Respondent Gloria Macapagal-Arroyo whimsically took the opportunity of the said law's inadequacy and deliberately twisted the interpretation of the said provision to mean that she, as President, had the discretion to use the Malampaya Fund for whatever purpose she deemed fit," the complainants said. Ilagan and Reyes heavily emphasized Arroyo's command to direct the Malampaya funds to agricultural and irrigation programs, disaster rehabilitation, transport projects, national security activities, and cash assistance to the transport sector under the Pantawid Pasada Program, which they claimed was entirely unrelated to energy development. "In short, the Malampaya fund became a discretionary fund of the Office of the President, and disbursements therefrom became subject of whims and caprice of the respondent without regard to the purpose and policy of Presidential Decree No. 910," the complainants said of Arroyo. In the meantime, Topacio expressed their intention to defer it to the justice system and thereafter present a counterargument against the charges in due time. Arroyo and three of her Cabinet secretaries were previously sued for plunder by the National Bureau of Investigation before the Ombudsman for purportedly stealing a P900-million Malampaya fund intended for the impoverished back-to-back typhoon victims in 2009. She was cleared of the charges in 2016 following then-Ombudsman Conchita Carpio Morales' verdict that the NBI "failed to prove" that they colluded in the illegal diversion of Malampaya fund. The post Topacio: ‘President Arroyo has done no wrongdoing during her term’ appeared first on Daily Tribune......»»
Ex-employee questions BI chief’s appointment
The job of Immigration Commissioner Norman Garcera Tansingco may be in limbo following the revelation by a former bureau employee that Tansingco has a pending case before the Office of the Ombudsman. Based on a document obtained by DAILY TRIBUNE, Tansingco is among the respondents in a human smuggling complaint before the Office of the Ombudsman by former Bureau of Immigration Intelligence Division employee Richard de Leon Cabochan Jr. on 21 April 2015. “One of the respondents in the complaint is Atty. Norman Garcera Tansingco. Based on my records, the last pleading I filed in the case was a supplemental affidavit dated 24 June 2015. In addition, I also filed two other cases with your honorable office docketed as OMB CASE NO. IC-OC-14-1351° and OMB CASE NO. IC-0C-14-4768,” Cabochan told DAILY TRIBUNE when sought for comment. Cabochan was prompted to question Tansingco’s appointment through a letter addressed to Ombudsman Samuel Martires dated 19 September 2022, after a clearance was released by Maria Agnes L. Forteza, Graft Investigation Officer I, dated 1 September 2022. An Ombudsman clearance is a requirement for a Presidential appointee. Cabochan, in his letter, said Tansingco is not fit to be installed as BI commissioner because of his pending case before the Ombudsman. “To my displeasure, I came to know that Atty. Tansingco, a respondent in the abovementioned case, was the newly appointed commissioner of the BI. The said event had me surprised because it is my understanding that to be a confirmed appointee of a head of a government agency, one must possess a clean record or background as evidenced by various clearances issued by concerned government offices of the Republic of the Philippines,” Cabochan’s letter to Martirez read. Cabochan said Tansingco was able to fool Malacañang’s steering committee — the Presidential Management Staff — by saying that he was not involved in any criminal or administrative cases. “An investigation of the matter showed that Atty. Tansingco obtained a ‘clearance’ stating that he had no pending criminal or administrative cases with your honorable office. To reiterate, the same was issued last 1 September 2022,” Cabochan said. “I was surprised about this development, considering that it is to my knowledge that the complaint for the alleged human smuggling that I had filed is still being heard by your honorable office and has yet to be resolved, considering that I have yet to receive any document of the results of the proceedings conducted,” Cabochan letter to Martirez read. “Despite such fact, it appears from the abovementioned document that the case I had filed was already resolved without me, the complainant, being duly informed of the same,” he added. Not notified He further asked Martirez why the Ombudsman did not notify him that Tansingco was given a clearance by the Ombudsman, a clear violation of his right to the due process of law. “It is my understanding that this runs counter to the established procedures in the resolution of filed complaints in your honorable office wherein the parties should be duly informed of the results of the proceedings. I further understand that this right to be informed of the results of the proceedings is part of the due process of law as it would allow the parties to seek relief from the decision by filing the appropriate action in case they disagree with the outcome of the proceedings,” the letter said. The post Ex-employee questions BI chief’s appointment appeared first on Daily Tribune......»»
NBI arrests man for ‘sextortion’
Charges will be filed against a man who threatened his girlfriend that he would expose her sex videos, nude photos and rape of her teenage daughter if he would not shell out P10,000. This after the National Bureau of Investigation Anti-Organized and Transnational Crimes Division arrested him based on the complaint of the girlfriend, in an entrapment operation last 19 September in Quezon City. The NBI-AOTCD arranged the entrapment at the girlfriend’s place of work where she handed P10,000 to the man. “Upon handing over of the marked money, the operatives immediately approached the subject and put him under arrest,” the report said. Agents were able to seize the man’s cellphone which contained the nude photos and sex videos of the complainant. Charges were filed before the Quezon City Prosecutor’s Office with robbery and robbery with violence or intimidation of persons under Articles 293 and 294 of the Revised Penal Code, as amended; grave threats as defined and penalized under the RPC; and violations of Republic Act 9995, the Anti-Photo and Video Voyeurism Act of 2009; and RA 9262, the Violence Against Women and Their Children Act of 2004. The NBI said that the suspect’s cousin “offered his testimony in support of the complainant’s allegations, stating that he saw the threats that his cousin sent to complainant and confirmed that subject was extorting P10,000 from the complainant.” The cousin stated that the complainant showed him several online transactions of money transfers to the subject amounting to P50,000. The post NBI arrests man for ‘sextortion’ appeared first on Daily Tribune......»»
Marcos ‘relative’ sued for estafa
An entrepreneur who introduced himself as a second cousin of President Ferdinand Marcos Jr. is facing syndicated estafa and estafa charges before the Department of Justice for allegedly amassing millions of pesos from three individuals, including a public relations practitioner and a retired general. The entrepreneur was identified as Mario Pacursa Marcos, chief executive officer of Smart Citi Teknologi, who earlier announced a partnership with TESLA Technologies on industrial development projects in the country, including an ambitious project in Roxas, Palawan which would turn an island into a smart city. One of the “victims,” the president of a PR firm, said she was duped by Marcos into financing the PR events and press conferences she planned and conducted for him in the belief that he was a “real Marcos.” According to the victim, she spent P13 million on various press conferences at the Manila Hotel. “All the checks he gave me bounced. I communicated with him several times, but he kept making false promises,” the victim said in a press conference. Another complainant, identified in the complaint sheet as Phebe Dy, a contractor, said Marcos got P12 million from her when she was promised a contract from his big-ticket projects. “I gave him P12 million in two tranches, the last one at BGC, The Fort. But when I decided to get my money back, he gave me an unnotarized certificate of title with a deed of absolute sale. It turned out Marcos had no valid ownership in the title,” she said. The third victim, retired Army Brig. Gen. Arnulfo Jose Marcos, said he was tricked by his namesake Marcos into investing P800,000 in the partnership with TESLA Technologies. “I borrowed the money from the Armed Forces and Police Savings and Loans Association Inc. It turned out the TESLA partnership and project were a hoax. That money was meant for the studies of my son,” he told reporters. The respondent Marcos supposedly sealed an agreement with TESLA Technologies to enable the transfer of Czech technology to the Philippine partner for the assembly of two Tesla products in the country — a unique diagnostic health device and a magnetic engine either in Subic or Cavite. The partnership would supposedly create an Internet-based platform for the smart city program that would provide connectivity for various applications, including households, smart homes, and smart cities. Smart Citi Teknologi was to invest $5 million for the transfer of technology and another $3 million for the production of small electronic products. The post Marcos ‘relative’ sued for estafa appeared first on Daily Tribune......»»
Woman shoplifting 2 cans of milk collared
A 50-year-old woman is in hot water after she was caught stealing milk, diaper, and a playmat bag by an SM supermarket Manila security guard on Monday afternoon in Ermita, Manila. Police identified the suspect as Liza Abenir y Baruela, 50 years old, female, single, unemployed, and a resident of #1845 Tecson De Guia Street, Tayuman, Tondo, Manila. The suspect was arrested by Daisy Sumalpong y Cabural, 32 years old, female, single, Security/Lady Guard, and a resident of #38A Gen. Espino, South Signal, Taguig City. Based on the report of the arresting person, while she was on duty and roving around inside SM Supermarket, she actually saw and observed the suspect taking items on the display rack and discreetly proceeded to MBU (clothes and garments section) and covered the items with clothes. The suspect then got a bag and playmat and went back to where she hid the other items and put them secretly inside. After a few minutes, the suspect moved out via the customer’s exit along with the unpaid items. Upon her exit, the arresting person immediately approached and confronted here and asked for any receipt but the latter failed to present any. Recovered from the suspect’s possession were two Ensure Gold 1600g, one diaper bag and two playmat bags with a total value of P8,586.75. The complainant on the case is SM Supermarket Manila represented by Benjieloy Rosendal y Lombridas, 29 years old, male, single, RDU- Clerk of SM Supermarket, and resident of #1263 Gonzalo Street, San Andres, Malate, Manila. Charges for Violation of Article 308 of the Revised Penal Code (Theft) inside SM Supermarket will be filed against the suspect at the Manila City Prosecutors Office. The post Woman shoplifting 2 cans of milk collared appeared first on Daily Tribune......»»
Separation pay
Dear Atty. Kathy, I just won the illegal dismissal case I filed in 2013 against my employer, Company A. In my complaint, I asked for reinstatement to my former position. However, during the negotiations for settlement so that I will not appeal my case anymore, Company A said since it has been 10 years and my former position no longer exists, they will just give me separation pay equivalent to my latest 1-month salary for every year of service. Is this justified? Zeny *** Dear Zeny, The Supreme Court has ruled that where reinstatement is no longer an option, payment of separation pay is justified. The lapse of 8 years or more, from the filing of the complaint up to the resolution of the case, has been considered by the Court as “considerable time” to support the grant of separation pay in lieu of reinstatement. In your case, it appears that your reinstatement is an impractical option, considering that 10 years had passed from the time you filed your illegal dismissal complaint in 2013. In such a situation, instead of reinstatement, the Court grants separation pay of one month for every year of service, among other reliefs that a complainant may be entitled to. Separation pay in lieu of reinstatement would therefore be justified in your case. (Julieta B. Sta. Ana versus Manila Jockey Club, Inc., G.R. 208459, 15 February 2017). Atty. Kathy Larios The post Separation pay appeared first on Daily Tribune......»»
Ombudsman finds Antiporda ‘guilty’ of harassment
Former National Irrigation Authority acting administrator Benny Antiporda is once again in hot water. This as the Office of the Ombudsman found Antiporda guilty of subjecting one of his NIA staff members to “harassment” and “oppression” for questioning his policies and activities. Back in November 2022, the Ombudsman also imposed a six-month preventive suspension without pay against Antiporda over an administrative complaint filed against him by several officers and employees of NIA. Saying Antiporda showed “cruelty, severity, unlawful exaction, domination, or excessive use of authority,” the Ombudsman slapped Antiporda with a one-year suspension without pay in the most recent case. According to the Ombudsman, should Antiporda be separated from the service, he should still settle a penalty equivalent to his one-year salary in NIA. The complaint against Antiporda arose from his posting a security detail, turning off the electricity in the complainant’s office, breaching the flexi-time arrangement, and implementing an office lockdown without prior notice, among others. “Government employees are supposed to be well-mannered, civil and considerate in their actuations, not only in their relations with the transacting public but also with their co-workers,” the Ombudsman said in a decision dated 11 September but released only to reporters on Monday. The post Ombudsman finds Antiporda ‘guilty’ of harassment appeared first on Daily Tribune......»»
Ombudsman finds Antiporda guilty of harassment, oppression of NIA employees
In a decision dated 11 September but released only to reporters on Monday, the Ombudsman found former National Irrigation Administration acting administrator Benny Antiporda guilty of acts of "harassment" and "oppression" toward one of his NIA staff who questioned his policies and activities, which the Ombudsman said showed "cruelty, severity, unlawful exaction, domination, or excessive use of authority." Antiporda was slapped with a one-year suspension without pay. According to the Ombudsman, should Antiporda be separated from the service, he should still settle a penalty equivalent to his one-year salary in NIA. The complaint against Antiporda arose from his questioned actions, such as posting a security detail, turning off the electricity in the complainant’s office, breaching the flexi-time arrangement, and implementing an office lockdown without prior notice, among others. "Government employees are supposed to be well-mannered, civil and considerate in their actuations, not only in their relations with the transacting public, but also with their co-workers," the Ombudsman said. "Respondent Antiporda’s acts failed to live up to the high standards required of a government employee," it added. In November 2022, the Ombudsman also imposed a six-month preventive suspension without pay on Antiporda arising from the administrative complaint filed against him by several officers and employees of NIA. Antiporda was accused of committing "grave misconduct, conduct prejudicial to the best interest of the service, harassment, oppression, and ignorance of the law," all of which were filed separately with the Ombudsman. However, in the latest decision, the Ombudsman dropped other complaints against Antiporda, such as grave misconduct and ignorance of the law, with the court ruling that his actions "do not constitute grave misconduct" and that the case lacked the necessary elements of corruption and obvious intent to violate the law. The post Ombudsman finds Antiporda guilty of harassment, oppression of NIA employees appeared first on Daily Tribune......»»
2 nabbed for carnapping, gun ban violation
Two suspects, including a minor, were nabbed for alleged carnapping and for violating the Comelec gun ban in Barangay Manggahan, Pasig City Monday evening. A 33-year-old complainant, a businessman, reported to the police that his white Yamaha Mio Sporty motorcycle, which was parked outside his residence, was missing. During a follow-up operation, joint operatives of the Pasig City Police chanced upon the 15-year-old suspect while driving the motorcycle of the victim. The stolen motorcycle was being pushed by the 20-year-old suspect, identified only as alias Marcel, using his foot, who was driving a black Suzuki Smash motorcycle along Amang Rodriguez Avenue in Barangay Manggahan. Seized from the suspects were one caliber .38 revolver without serial number loaded with two live ammunition and one hand grenade. During the investigation, it was learned that the Suzuki Smash motorcycle was owned by another complainant, a 29-year-old salesman, also a resident of Barangay Manggahan. According to the victim, his motorcycle was stolen on the same date while parked outside his residence. The arrested suspects also divulged the identities of their cohorts as alias Jelal and alias Rex, both residents of Barangay Pinagbuhatan, also in this city. Alias Jelal was also arrested in a follow-up operation. Recovered from him was a blue Yamaha Mio Sporty motorcycle owned by a female vendor. She said her motorcycle was stolen on the same date while parked outside her house in Barangay Santolan, also in this city. The suspects will be charged with violation of Republic Act 10883 or the New Anti-Carnapping Act, Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act in relation to Omnibus Election Code, and Republic Act 9516 or the Illegal Possession of Explosives. The post 2 nabbed for carnapping, gun ban violation appeared first on Daily Tribune......»»
Senate mulls on special law for road rage incidents
The Senate Committee on Public Order and Dangerous Drugs on Tuesday wrapped its investigation into the viral road rage in Quezon City involving a cyclist and a former police officer, seeking a special law that would immediately address similar events in the future. In a chance interview, Senator Ronald “Bato” Dela Rosa, the panel chairperson, recognized the appearance of Wilfredo Gonzales, the driver who was seen pulling out a gun during an altercation after the cyclist, Allan Bandiola’s bicycle hit his car along the road in Quezon City on 8 August. Dela Rosa initially thought Gonzales would not attend the hearing because the latter initially presented a medical certificate with a doctor’s advice for a rest. The senator earlier warned that he would issue a subpoena should Gonzales won’t appear in the hearing. “At least, he came. Luckily he appeared today so no need to issue for subpoena,” Dela Rosa. During the hearing, Gonzales admitted that he assaulted and cocked a gun at cyclist Allan Bandiola during a road altercation in Quezon City. Their confrontation went viral after a concerned citizen took the video and uploaded it on social media. Gonzales said he regrets his action. He then apologized to Bandiola and to everybody. “I apologize for that part, for hitting him, for pulling out and pointing a gun. I apologize to everyone, not just to him (Allan Bandiola), but to all of you. It’s my fault, I was just shocked,” Gonzales said in Filipino. Gonzales narrated that Bandiola acted as if he would attack him prompting him to pull his gun out. He said he was defending himself because he was in recovery from an operation. “Galing ako sa spine operation. So sa isip ko ay ‘yung, element na i-shock ko manlang siya [para hindi niya] ako masugod. Kasi kung madadakma niya ako baka mapatay niya ako, mahina ako. Bagong opera po ako (I came from a spine operation. So, I thought there should be an element that I should shock him so he can’t hurt me. Because if he catches me, he might kill me since I’m weak. I am still recovering from an operation),” he explained. In his defense, Bandiola said it was just his normal reaction because Gonzales hit his head. “Normal reaction ko lang po ‘yun kasi binatukan niya ako kaya bumaba ako ng bike (That was just my normal reaction because he hit me. That’s why I got off my bike,” he said. Bandiola said he had settled the issue with Gonzales at the police station. “Wala pong pumilit sa akin. Nakipag areglo po ako dahil ayaw ko ng gulo (No one forced me. I’ve compromised to settle things because I don’t want any trouble),” he said. But, lawyer Raymond Fortun, also a bike enthusiast, told the committee that Bandiola was forced into an agreement admitting that the incident was his fault. He was also told to pay P500 for the damage to Gonzales’ vehicle. Dela Rosa said the Philippine National Police can file a case against Gonzales which can be graver charges than the alarming scandal, such as grave threat and frustrated homicide. “Initially, we know that Bandiola won’t really want to file a case but then again it was cited during the hearing, particularly by Atty. Fortun and even the senate president discussed that the PNP can file a case even without a private complainant by the use of CCTVs and other witnesses,” he said. Meanwhile, Senate President Juan Miguel Zubiri suggested a special law on road rage shall be legislated to protect the public from erring motorists. “We can come up with a special law on road rage so that even if the victim is scared to file a case, it becomes the people of the Republic of the Philippines vs. so and so…Because of this, it will become the burden of the government to file the case against these individuals,” Zubiri said in a mix of English and Filipino. Senators Robinhood Padilla and Jinggoy Estrada noted that the culture of violence, particularly on public roads, is not accepted. Padilla rejected Gonzales' explanation that he pulled out his firearm because he felt threatened by Bandiola. The gun owners, he added, should always be responsible as to when should they purposively take out their firearms. The post Senate mulls on special law for road rage incidents appeared first on Daily Tribune......»»
Gun-toting ex-cop in road rage incident should appear at Senate hearing – Ejercito
Gun-toting driver and dismissed policeman Wilfredo Gonzales should appear in the investigation of the Senate into the viral road rage incident in Quezon City, Senator Joseph Victor Ejercito said Friday. “He [Gonzales] is the principal character here; I think he should really appear,” Ejercito told reporters in a virtual interview. He said Gonzales’ appearance at the upper chamber’s scheduled hearing next week would shed light on the 8 August incident near Welcome Rotonda, Quezon City. “It would help us craft laws -- in aid of legislation. What we can do about it. Do we need to impose stiffer penalties for those who are involved in road rage incidents?” he said. Should Gonzales, who was caught in a now-deleted viral video physically assaulting and brandishing a gun at an unarmed cyclist, decide not to attend the hearing, the lawmaker said he could be summoned through a subpoena. The lawmaker, who is also a cyclist himself, also called on the cyclist who was physically assaulted by Gonzales to come forward. “He should not be scared because many people are willing to support him and provide protection for him,” Ejercito said. Earlier this week, Quezon City Mayor Joy Belmonte urged the cyclist to come forward, saying she would protect and provide him with legal assistance. “We are appealing to the complainant to come forward so that Willy Gonzales, whom I consider a menace to society, is held accountable,” Belmonte said. “We want to assure the cyclist that we will extend legal assistance, as well as put him and his family in our protection so that justice is served,” she added. Following the incident, at least two resolutions have been filed in the upper chamber seeking to investigate the viral road rage incident. In Senate Resolution No. 763, Senate President Juan Miguel “Migz” Zubiri and Senator Pia Cayetano stressed that the “incident involves public order and safety, which is an important concern for everyone.” “This is a serious case involving public order and safety, which cannot simply be settled amicably and swept under the rug,” the resolution read. The two lawmakers also emphasized that the incident “highlights the safety of cyclists on the road, and the issue of road sharing, a concept that remains ignored by and alien to many Filipino motorists.” Meanwhile, Senator Raffy Tulfo filed a resolution seeking a Senate investigation into the rampant road rage incidents in the country that often involve the use of firearms and endanger innocent lives The post Gun-toting ex-cop in road rage incident should appear at Senate hearing – Ejercito appeared first on Daily Tribune......»»
QC PLEB, city council to continue probe on gun-toting incident
The Quezon City People's Law Enforcement Board invited Galas Police Station (PS-11) Commander P/Lt.Col. Jake Barila, Thursday, to shed light on the gun-toting incident near Welcome Rotonda, and to discuss what transpired during the settlement procedure with the cyclist involved. Upon the order of Quezon City Mayor Joy Belmonte, the QC PLEB started to investigate the incident involving a cyclist and ex-policeman, Wilfredo Gonzales, as seen in the viral video. PLEB Executive Officer Atty. Rafael Vicente Calinisan clarified that the investigation is meant to determine whether protocols were followed and whether administrative lapses were committed. Any complaint filed against the Galas Police Station in relation to the conduct of settlement procedures will be tried, and the personnel involved may be held accountable for Grave Misconduct and Oppression. The offense may be punishable by dismissal from the service or suspension. Calinisan also questioned the propriety of the Quezon City Police District’s move to host a press conference with Gonzalez last 27 August, giving the ex-policeman a platform to air only his side as well as giving the impression he was under the protection of the police. Meanwhile, the City Council is conducting its own public hearing and investigation regarding the incident this afternoon, 31 August. “The city government is committed to building a peaceful community where violence is not condoned. Public safety is our primordial concern. We will explore all avenues to hold Gonzalez accountable for his brazen actions,” Belmonte said. She lamented the statement given by the cyclist, who stressed that he and Gonzalez reached an amicable settlement and is no longer keen on filing charges. "While we understand and respect the decision of the cyclist, the failure to prosecute the perpetrator breeds a culture of impunity. We are sending the wrong signal that we are tolerating violence, and in the meantime, the cycling community will continue to be prone to threats and intimidation. By setting an example, the successful prosecution of this case would certainly help achieve our goal of creating a haven for safe cycling," she said. “However, the sad truth is that in the absence of a complainant, a strong criminal case cannot prosper,” Belmonte added. According to City Attorney Orlando Casimiro: “The cooperation of the victim is very crucial. Unfortunately, the quantum of proof required in a criminal case is proof beyond reasonable doubt. The testimony of the cyclist is indispensable to establish any injury, threat, and/or besmirchment against his person, the absence of which would render any criminal prosecution futile.” Given the public clamor for the cyclist to come out, Belmonte expressed hope that he might have a change of heart and pursue his complaint in the interest of justice and public safety. Belmonte earlier assured the cyclist of legal assistance and protection. The post QC PLEB, city council to continue probe on gun-toting incident appeared first on Daily Tribune......»»
Road rage driver a dismissed QC cop
The driver of the vehicle, who identified himself as Wilfredo "Willie" Gonzales, THE DAILY TRIBUNE found, is a 63-year old former Quezon City policeman assigned at the QCPD Station 9 in Anonas. Gonzales was ordered dismissed by the Office of the Ombudsman along with ten others including his station commander in 2000 for releasing two Chinese nationals in exchange for P650,000. The two Chinese nationals, Jimmy Tan and Albert Koo were found to be carrying some 1.5 kilograms of methamphetamine hydrochloride when they were arrested. "Medyo may hangin yan," a retired batch mate of Gonzales told this reporter. Mayor Belmonte urges the cyclist to file complaint For her part, Quezon City Mayor Joy Belmonte urges the bicycle rider whom Gonzales had assaulted, to come into the open and file the necessary case against the road rager. "I believe this culture of impunity is not acceptable in QC and I have a duty and responsibility to maintain peace and order in our city and send a strong message that acts such as that committed by Willy Gonzalez shall not be tolerated and that he must be held accountable," Belmonte said. "However, I’d like to stress that without the cooperation of the complainant, there is only so much that can be done. Therefore we are appealing to the complainant to come forward so that Willy Gonzalez, whom I consider a menace to society, is held accountable. He is not only an irresponsible gun owner with anger management issues, but a danger to our people," she added. Gonzalez not the registered owner of vehicle The driver of the red sedan who figured in a road rage incident with a bicycle rider in Quezon City is not the registered owner of the vehicle, Land Transportation Office (LTO) Chief Assistant Secretary Vigor Mendoza II disclosed on Monday, 28 August. Citing a report submitted to his office by LTO-National Capital Region Director Roque Verzosa III, Mendoza said that the registered owner of the KIA Rio with license plate ULQ 802 is still the subject of the Show Cause Order wherein the car owner was directed to appear before the LTO investigators on August 31. The same report was already submitted to the office of Department of Transportation Secretary Jaime Bautista. “Since the driver involved already surrendered to the police, our records revealed that the person who appeared in a press briefing at Camp Karingal is not the registered owner of the vehicle,” said Mendoza. “Kaya tuloy ang Show Cause Order upang mabigyan tayo ng paliwanag ng registered owner kung bakit iba ang nagmamaneho ng sasakyan niya. Gusto nating malinawan kung naibenta na ba niya ito, ipinahiram lang o kung ano pang circumstances kung bakit iba ang nagmamaneho nang mangyari ang viral na insidenteng ito,” he added. Mendoza explained that there are two violations that appeared to have been committed in relation to the Republic Act 4136, or the Land Transportation and Traffic Code as a result of the incident between the driver of the KIA Rio and the bicycle rider on August 8—the first is Section 27 (Improper Person to Operate a Vehicle) and Section 48 (Reckless Driving). He said the registered owner of the vehicle was directed to submit a notarized affidavit explaining why sanctions should not be imposed in connection with the incident. Failure to do so on the given time, date, and place in the Show Cause Order, Mendoza said, will be taken by the LTO as a waiver for the agency to decide on the matter based on the available pieces of evidence. “Pending the resolution of this case, I have already approved the recommendation to place this KIA Rio with license plate ULQ 802 to be placed under alarm effective immediately,” said Mendoza. The post Road rage driver a dismissed QC cop appeared first on Daily Tribune......»»