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SEC affirms P2M fine vs NOW Corp., CEO
The case concerns the alleged misleading disclosures of NOW Corp. on the supposed P2.6 billion unpaid obligation to the Philippine government......»»
Marcos to back filing of case if there’s proof of cyanide use in WPS
The filing of a case in connection with the alleged use of cyanide in Bajo de Masinloc (Scarborough Shoal) allegedly by foreign fishermen, “if there is enough ground to do so,” would be supported by President Ferdinand Marcos Jr. President Marcos said this on Tuesday. But an earlier claim by the Bureau of Fisheries and.....»»
Court of Appeals junks ex- VP Binay’s libel case vs Trillanes
The Court of Appeals has affirmed with finality its decision junking the libel case filed by former vice president Jejomar Binay against former senator Antonio Trillanes IV over his implication that Binay was involved in an alleged P100 million-a-year racket on “ghost” senior citizens......»»
World Court says it will hear part of Russia-Ukraine genocide case
The International Court of Justice, also known as the World Court, says it will hear Ukraine's case on alleged genocide in eastern Ukraine.....»»
Ex-Iloilo lawmaker acquitted of ‘pork’ rap
The Sandiganbayan has acquitted former Iloilo 5th District representative Rolex Suplico of a graft case in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF) or pork barrel amounting P14.7 million in 2007......»»
Sandigan junks forfeiture vs Marcos crony-owned telco
The Sandiganbayan has dismissed a forfeiture case against several alleged cronies of the late dictator Ferdinand Marcos Sr. and his widow, former first lady Imelda Marcos, seeking to recover in favor of the government shares of stocks in Eastern Telecommunications Philippines Inc., allegedly illegally acquired during martial law......»»
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......»»
Hindi ako ganung babae : Herlene Budol mulls defamation case amid leaked viral convo
Beauty queen-actress Herlene Budol reiterated that she is not the type of woman being implied in the alleged leaked private chats that went viral this week. .....»»
Too quick to the draw
The recent outcry over the alleged mishandling of the arrival of a cruise ship in the port of Manila was a classic case of uninformed people and government agencies being “too quick to the draw” in finding fault, blaming the wrong party or covering their asses......»»
Foreign Ownership Case Against Ressa Dismissed
Washington - The legal team representing journalist and Nobel laureate Maria Ressa welcomed a Philippine Justice Department decision Tuesday to drop a criminal case against the award-winning journalist.Ressa had been facing charges of alleged foreign ownership of her news website Rappler. If convicted, she could have faced up to 21 years in prison.'For years our brave client Maria Ressa has faced a barrag.....»»
Shakira stands trial in Spain for alleged tax fraud
Shakira, who rejected a settlement offer from the prosecutor's office to close the case, is expected to testify in the first of 12 hearings scheduled until December 14.....»»
Napoles seeks dismissal of plunder raps
Detained businesswoman Janet Lim-Napoles has asked the Sandiganbayan to dismiss the plunder case against her in connection with her alleged role in the misuse of the Priority Development Assistance Fund or “pork barrel” of former senator and incumbent Presidential Legal Counsel Juan Ponce Enrile......»»
SC upholds Sandigan decision junking Marcos ill-gotten wealth case
The Supreme Court has affirmed a Sandiganbayan 2012 ruling dismissing an ill-gotten wealth case filed by the Philippine government against the estate of the late president Ferdinand Marcos and several of his alleged cronies led by business tycoon Lucio Tan......»»
Supreme Court upholds dismissal of ill-gotten wealth case vs Marcos Sr. estate
The consolidated cases involved Lucio Tan, the estate of Ferdinand Marcos Sr. represented by former first lady Imelda Marcos and their children, and several other alleged cronies with regard to a complaint first filed by the PCGG at the Sandiganbayan on July 17, 1987......»»
Comatosed teen dies
Iranian teenager Armita Garawand died on Saturday a month after falling into a coma following a disputed incident on Tehran’s metro, media in the Islamic republic said. “Armita Garawand, a student in Tehran, died an hour ago after intensive medical treatment and 28 days of hospitalization in intensive care,” reported the Borna news agency affiliated with the youth ministry. The 16-year-old ethnic Kurd was hospitalized in Tehran after she fell unconscious on the metro. Her case was first reported on 3 October by Kurdish-focused rights group Hengaw, which said she had been critically wounded during an incident on the underground train network. Authorities say she suffered a sudden drop in blood pressure and denied that any “physical or verbal altercations” had taken place between her and other passengers. But rights groups have said the teen was critically wounded during an alleged assault by members of Iran’s morality police. It came just over a year after the death of Mahsa Amini, also a young Iranian Kurd, following her arrest by the morality police for allegedly breaching Iran’s strict dress code for women in an incident that sparked mass protests across the Islamic republic. On Saturday, Iran’s Tasnim news agency quoted doctors as saying that Garawand had “suffered a fall resulting in brain damage followed by continued convulsions, a decline in brain oxygen and a cerebral edema after a sudden drop in blood pressure.” WITH AFP The post Comatosed teen dies appeared first on Daily Tribune......»»
Missing Miss Grand candidate: Alleged cop is ‘person of interest’
LUCENA CITY – Police said in a press statement that a “police officer” is the “person of interest” behind the mysterious disappearance of Miss Grand Philippines 2023 contestant Catherine Camilon. Brigadier General Paul Kenneth Lucas, Police Regional Office – Calabarzon (PRO-Calabarzon) director, revealed in the statement that based on the significant development on the case.....»»
Probe ordered on fireman’s ‘promotion for sale’ scam
Interior and Local Government Secretary Benhur Abalos on Thursday ordered a thorough and deeper probe on a fireman who was accused of being involved in a “lateral promotion for sale” scam at the Bureau of Fire Protection (BFP). The suspect, Fire Officer 1 Ramces Paul Benipayo of the Muntinlupa Fire Station, was collared by undercover operatives on Wednesday, 25 October, in an entrapment operation shortly after receiving P200,000 from his alleged victim. Policemen arrested Benipayo after accepting P200,000 in marked money from his classmate, a BFP firefighter from Western Visayas, whom he promised to assist in getting a promotion within the bureau in exchange for money. Benipayo’s modus is to convince his would-be victims to give him money in exchange for non-existent promotion which will allegedly be facilitated by his “contacts” in the BFP, which of course would never materialize. “I have been briefed on the case of FO1 Benipayo and I could say that what he did was unacceptable,” said Abalos. The BFP together with the Philippine National Police is an attached agency of the DILG. This, as Abalos also ordered a thorough probe on the case and background of Benipayo to determine if he has cohorts at the BFP who could be working with him. Abalos’ order came after BFP intelligence and investigation division director Chief Supt. Gilbert Dolot reported that three more complainants came forward and accused the suspect of also duping them using the same modus operandi. “We will not tolerate this kind of illegal activity. That’s why I’ve already ordered the PNP to work closely with the BFP to get to the bottom of this issue and prosecute everyone involved,” Abalos pointed out. “Walang puwang sa gobyerno natin at sa DILG or sa BFP for that matter ang mga katulad niya,” he continued. Benipayo had undergone inquest proceedings before the Muntinlupa Prosecutor’s Office and was slapped with complaints for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and estafa in relation to RA 10175, also known as the cybercrime prevention law. He is currently detained at the CIDG detention facility. The head of the CIDG’s anti-organized crime unit, Col. Reynaldo Lizardo, said Benipayo initially told them his cohort is with the BFP. . The post Probe ordered on fireman’s ‘promotion for sale’ scam appeared first on Daily Tribune......»»
Myanmar nationals ask Philippines to probe alleged war crimes
Five Myanmar nationals asked the Philippines on Wednesday to investigate alleged war crimes committed by 10 serving or former members of Myanmar's military against the mainly Christian Chin minority. Filipino lawyers representing the Myanmar nationals told reporters they lodged the "landmark" criminal complaint against junta chief Min Aung Hlaing and nine others at the Department of Justice in Manila. They asked prosecutors to open an investigation into alleged war crimes under a Philippine law penalising "crimes against international humanitarian law, genocide, and other crimes against humanity". The five Myanmar nationals are from western Chin state, but now live in Australia, Britain, Canada and India. They were at the justice department in Manila. "This is a landmark suit because this is the very first time that such a case is being brought before the Philippines," Romel Bagares, one of the lawyers, told reporters. Justice Secretary Crispin Remulla said his department would "evaluate" the complaint, which he described as "very novel". "If this is sufficient in form and substance, that's the time when we will require the respondents to answer these complaints," Remulla told reporters. Among the accused is Chin Chief Minister Vung Suan Thang, who is a former military officer. The others are serving members of the military. The complaint alleged that members of Myanmar's military killed a pastor and two church elders in Thantlang town, Chin, in September 2021. It also accused the 10 of "intentionally" directing attacks on churches and the burning of hundreds of houses in the same town between August 2021 and June 2022. They also allegedly blocked relief supplies from reaching people in Chin state in the aftermath of Cyclone Mocha in May. 'Truly historic day' Philippine law allows for the prosecution of war crimes committed elsewhere. One of the stipulations of the law is that the accused must be present in the Philippines. According to Gilbert Andres, another Filipino lawyer representing the Myanmar nationals, if the Philippine justice department were to decide to mount a case against the 10 accused, it could issue subpoenas to Myanmar's Central Authority or go through diplomatic channels. The toppling of Aung San Suu Kyi's civilian government in a 2021 coup sparked a huge backlash and the military junta is now battling opponents across swaths of Myanmar. Some of the bloodiest fighting has been happening in Christian-majority areas, including in Chin state. "This is a truly historic day," Salai Ling, one of the five complainants and also of the Chin Human Rights Organization, told reporters in Manila. "We are really hoping that with the solidarity and support from the Filipino people and people in the ASEAN region, that we will be able to get some form of justice for the atrocities that our people suffered." Myanmar and the Philippines belong to the Association of Southeast Asian Nations (ASEAN). The regional bloc's efforts to defuse the Myanmar crisis have been fruitless so far. The Philippines is now the subject of an international human rights probe, with the Hague-based International Criminal Court investigating "possible crimes against humanity" during former president Rodrigo Duterte's deadly drugs crackdown. In July, President Ferdinand Marcos said the Philippines was "done talking with the ICC" but would continue to question the tribunal's jurisdiction. The post Myanmar nationals ask Philippines to probe alleged war crimes appeared first on Daily Tribune......»»
DOLE, CHR reach agreement to safeguard workers’ rights
The Department of Labor and Employment partnered with the Commission on Human Rights to facilitate the investigation of violations of workers’ freedom of association and right to organize. DOLE Secretary Bienvenido E. Laguesma and CHR Chairperson Richard P. Palpal-Latoc signed a Memorandum of Agreement at the CHR Central Office in Diliman, Quezon City on 20 October which directs both agencies to cooperate on cases referrals, investigations, and monitoring; witness protection and psychosocial support; labor education and human rights promotion; and policy development. Laguesma said that the DOLE-CHR collaboration is vital in addressing the labor issues raised during the International Labor Organization High-Level Tripartite Mission visit in January 2023. “This collaboration underscores the need for our sustained partnership, ensuring that the principles of both labor and human rights are consistently upheld in every initiative and policy we undertake. We need the support of the labor groups and the employer sector as well as the ILO so that our common goal of ensuring that the Conventions, especially Conventions 87 and 98, will be respected,” Laguesma said. Following the MOA signing, a streamlined case referral mechanism will be promptly established. The DOLE’s Bureau of Labor Relations and CHR Protection cluster will be responsible for correspondence and referrals. The CHR will promptly inform DOLE upon receiving reports or complaints about alleged violations of labor rights. Afterward, DOLE will verify the reports, conduct case build-up, and gather evidence. To ensure the effective implementation of MOA, DOLE, and CHR will employ monitoring and feedback mechanisms. The mechanisms will assess the level of implementation guidelines, policies, and programs, measure progress, and identify challenges. The post DOLE, CHR reach agreement to safeguard workers’ rights appeared first on Daily Tribune......»»
Neither estafa nor qualified theft (2)
In Balerta v. People, the Court found that juridical possession as an element of the crime of estafa by misappropriation was not present because the accused was a cash custodian with no independent right or title to the funds received: In the case at bench, there is no question that the petitioner was handling the funds lent by Care Philippines to BABMPC. However, she held the funds on behalf of BABMPC. She had mere physical or material possession over the funds but held no independent right or title, which she could set up against BARMPC. The petitioner was nothing more than a mere cash custodian. Hence, the Court finds that juridical possession of the funds as an element of the crime of estafa by misappropriation is absent in the instant case. In Reside v. People, the Court came to a similar conclusion and held that the accused, a school principal tasked to receive tuition fees and forward these to the school, did not have juridical possession over the funds received. In the case at bench, it cannot be gainsaid that the petitioner, in addition to her duties as principal, was authorized to receive or collect matriculation fees from the parents and/or students enrolled in TGWSI. Per a verbal agreement with De Dios, the petitioner shall forward all payments received together with the remittance voucher slips to the school. As it happens, the money merely passes into the petitioner’s hands, and her custody is only until the same is remitted to the school. Consequently, as principal and temporary cash custodian of TGWSI, the petitioner acquires only physical or material possession over the unremitted funds. Thus, being a mere custodian of the unremitted tuition fees and not, in any manner, an agent who could have asserted a right against TGWSI over the same, the petitioner had only acquired material and not juridical possession of such funds and, consequently, cannot be convicted of the crime of estafa as charged. The prosecution alleged that petitioner Medina was responsible for collecting remittances from the Department of Education, accepting premium payments from PPSTA members, and depositing these payments in PPSTA’s bank account, as instructed by the PPSTA Treasurer. The record is bereft of any allegation or proof that petitioner Medina had any independent right or title to these funds that she could set up against PPSTA. Contrary to the findings of the CA, petitioner Medina was not a “trustee” of the PPSTA members’ payments, as she received these sums as an employee of, and on behalf of, her employer. Consequently, petitioner Medina only had material and not juridical possession of these funds, and she cannot be convicted for estafa under Article 315 (b) (l) of the Revised Penal Code or RPC. Second, jurisprudence holds that a conviction for simple or qualified theft (in lieu of estafa) is possible if all the elements of theft are alleged in the information. However, the evidence on record needs to be more sufficient to convict petitioner Medina of theft, whether simple or qualified. Simple theft is committed when the following elements concur: (1) taking of personal property; (2) that the said property belongs to another; (3) that the said taking be done with intent to gain; (4) that it be done without the owner’s consent; (5) that it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (6) that it be done with grave abuse of confidence. Theft becomes qualified when committed with grave abuse of confidence, among other qualifying circumstances enumerated in Article 310 of RPC. (To be continued) The post Neither estafa nor qualified theft (2) appeared first on Daily Tribune......»»