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SC: LGU lawyers cannot represent local execs
Legal officers of local government units cannot represent LGU officials in cases filed before the Office of the Ombudsman, according to the Supreme Court......»»
Helper woes
Dear Atty. Joji, Our house helper absconded from her job without prior notice. While having to find her replacement is one issue, the bigger concern is that she owes us almost P100,000. We want to take legal action because such amount of money is hard to come by. What type of case can we file to pursue this matter legally? Maris *** Dear Maris, Based on the facts you provided, filing a “Small Claims” case before the lower-level court or the Metropolitan Trial Court is applicable in your case. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler and a more inexpensive and expeditious means of settling disputes involving purely money claims. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. The procedure on small claims cases was promulgated for faster resolution of claims. Since the amount of claim is relatively small, it is the court’s policy not to keep these cases from dragging for long periods before finally being decided. Since the proceedings must be speedy, inexpensive, and informal, the procedure was simplified. However, it is important to note that in Small Claims Cases, parties are generally not allowed to be represented by lawyers. A case for Small Claims may be commenced as follows: SEC. 6. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence. Alternatively, an action for breach of her employment contract, if any, may be filed against her for her sudden departure without providing proper notice. Hope this helps. Atty. Joji Alonso The post Helper woes appeared first on Daily Tribune......»»
Alpha scam victims gear up for legal battle
Justice will be served to the overseas Filipino workers victimized by Alpha Assistenza SRL, an Italy-based immigration consultancy firm, the Department of Foreign Affairs said Thursday. In an interview on DAILY TRIBUNE’s Usapang OFW, DFA Undersecretary for Migrant Workers Affairs Eduardo de Vega said the victims are preparing for their legal battle with Alpha Assistenza. “As of now, they are voting because there are so many lawyers to choose from. The government will hire these lawyers to file cases against Alpha Assistenza,” De Vega said. Alpha Assistenza SRL, owned and managed by co-CEOs Krizelle Respicio and Frederick Dutaro, allegedly duped more than 400 Filipinos over non-existent jobs in Italy. De Vega said the couple’s alleged illegal operation was not limited to Filipinos dreaming of landing a job in Italy but extended to Filipinos in other European countries like Switzerland and France. “The problem is that their offers were not only for Filipinos in Italy but also in Switzerland and France, they were duping Filipinos there,” he said. “They promised them they would get their Italian legal papers, but nothing happened.” Last month, De Vega personally flew to Milan to meet with the OFW victims. Apple Cabasis, one of the victims in Manila, said at least 20 of the victims had submitted their sworn statements to the Department of Justice. She said the other victims were preparing their affidavits. Senators Risa Hontiveros and Raffy Tulfo had separately filed resolutions urging the Senate to investigate the alleged scamming of Filipinos in Italy. The post Alpha scam victims gear up for legal battle appeared first on Daily Tribune......»»
Small claims case
Dear Atty. Joji, I provided trucking services under contract for a renowned food manufacturing company. After the duration of the contract, my services were not paid amounting to nearly P500,000. Determined to address this issue, I received advice to file a case for Small Claims against them. Can you provide me with some insights on this matter, Atty.? Anna *** Dear Anna, Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler, more inexpensive, and expeditious means of settling disputes involving purely money claims. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: A “small claim” is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim in duplicate, accompanied by a Certification of Non-Forum Shopping, Splitting a Cause of Action and Multiplicity of Suits and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other evidence to support the claim. The plaintiff shall pay the docket and other legal fees, unless allowed to litigate as an indigent. However, it is important to note that in Small Claims cases, lawyers are not allowed to appear on behalf of or represent a party. Hope this helps. Atty. Joji Alonso The post Small claims case appeared first on Daily Tribune......»»
Gun permit ‘forgers’ in hot water
The Philippine National Police on Tuesday revealed that five members of the PNP-Health Service were involved in alleged irregularities in the issuance of psychiatric and psychological examination results for applicants of license to own and possess firearms. PNP-Civil Security Group chief Brig. Gen. Benjamin Silo Jr. said that administrative and criminal charges are being prepared against a police major, three non-commissioned officers and a non-uniformed employee. They are set to be slapped with grave irregularity in the performance of duty, conduct unbecoming of a police officer and grave misconduct before the Internal Affairs Service for manipulating the results of the psychiatric and psychological examinations from August 2022 to February this year. “We already identified the persons responsible for these irregularities and right now we are filing admin and criminal cases against them before the Office of the Ombudsman. We recommended they should be placed on floating status and right now we already deactivated their accounts,” Silo said in a press briefing. He added they will also be charged for graft and corruption and violation of Republic Act 11032 or the Ease of Doing Business law before the Office of the Ombudsman. Reports indicated that at least 377 applicants who were supposed to get a failing grade “passed” the psychiatric and psychological examinations and Silo disclosed that the CSG has already revoked the licenses of the applicants. “Out of the 377, [a total of] 64 had a non-appearance while the remaining 313 actually failed but their test results were manipulated. This was found through an investigation of our computer system and the help of our IT (information technology) experts. We also secured the testimonies of clients being victimized by this group,” Silo said. Citing the affidavits of some applicants, Silo said some of them paid P30,000 to P35,000 for the falsified result. The processing fee for the LTOPF only costs around P2,180. “Let’s not look at the income of these crooks anymore. Let’s just look at the impact on the public. If the one who holds a gun is psychotic, imagine the danger it can give to the public. Imagine if the one holding firearms is an addict, you know how big the possible effect of this to the society,” Silo said. The post Gun permit ‘forgers’ in hot water appeared first on Daily Tribune......»»
Degamo suspects affirm recantations
The suspects who had previously retracted their statements in connection with the murder of Negros Oriental Governor Roel Degamo and nine other people affirmed their affidavits of recantation. According to Atty. Andres Manuel, one of the defense lawyers, the affirmation of the recantations was undertaken during a hearing at the Department of Justice yesterday. “They categorically stated that the affidavits of recantation belonged to them and that they understood and comprehended their contents, to which they were attesting,” Manuel said He added: “From the defense’s perspective, this is a significant development. If we analyze the news reports, it seems that the cases against Rep. Teves and others were anchored on the statements of these individuals. Therefore, it appears that they have now recanted, retracting and discrediting their previous statements.” The post Degamo suspects affirm recantations appeared first on Daily Tribune......»»
Muntinlupa judge inhibits from De Lima case
Muntinlupa City Regional Trial Court Branch 256 Presiding Judge Romeo Buenaventura announced on Friday that he decided to inhibit from handling the remaining illegal drug charges against former Senator Leila de Lima. In a seven-page order dated 15 June 2023, the judge expressed his decision to recuse, stating that the suspicions raised by the accused, although baseless and maybe contrived, have tainted the court’s integrity and impartiality. He also emphasized the need to uphold trust and confidence in all future proceedings related to the case. “For this reason, the undersigned Presiding Judge will exercise his discretion and will recuse himself from further hearing this case not because the allegations are true, but because it is his avowed duty as member of the Bench to promote confidence in the judicial system,” Buenaventura said. Earlier, Joenel Sanchez, Ronnie Dayan, and Franklin Bucayu in their respective motion requested Judge Buenaventura’s immediate withdrawal from the case, alleging that he is the brother of Atty. Emmanuel Buenaventura, who purportedly assisted Dayan in one of his affidavits, later claiming coercion. Sanchez also revealed that Atty. Buenaventura had served as a legal adviser to the late Mindoro Congressman Reynaldo Umali during congressional hearings on the alleged drug trade at Bilibid. He asserted that Judge Buenaventura failed to disclose his relationship with Atty. Buenaventura. Buenaventura on 7 June issued a 35-page order denying de Lima’s request for bail. The court deemed her experience of being taken hostage as “injurious to health” or a threat to her life unlike in other bail cases. However, the judge clarified that evaluating the strength of the evidence does not predetermine the final outcome of the case. To recall, the Department of Justice filed the charges against De Lima alleging her involvement in the illegal drug trade during her tenure as justice secretary under the Aquino administration. Since 2017, the former lawmaker was detained at the Philippine National Police-Custodial Center in Quezon City. The post Muntinlupa judge inhibits from De Lima case appeared first on Daily Tribune......»»
Reverse Leila acquittal, court told
Government prosecutors have asked the Muntinlupa City Regional Trial Court to reverse its acquittal of former senator Leila de Lima on drug-related charges. The Department of Justice panel of prosecutors headed by Ramoncito Ocampo Jr. submitted to the court a 91-page motion for reconsideration anchored on questioning the motives of those who recanted their statements against De Lima. In dismissing the second of three drug cases against De Lima, the court afforded the former senator “reasonable doubt” on account of former Bureau of Corrections chief Rafael Ragos taking back his statement that he gave De Lima P10 million. The case stemmed from the alleged actions of De Lima as DoJ secretary overseeing the New Bilibid Prison. She purportedly received money from drug lords detained at NBP in exchange for allowing them to remotely control their drug empires behind bars. The prosecution noted that Ragos’ recantation came eight days before the 2022 presidential election, at the time that De Lima was seeking reelection as a senator. “This clearly raises doubt as to the motive behind the sudden retraction,” part of the motion read. Muntinlupa RTC Branch 204 Presiding Judge Abraham Joseph Alcantara, in his 13 May 2013 ruling, said the case against De Lima had lost its legs with the recantation. Without Ragos’s statement, the trial court said: “The crucial link to establish conspiracy is shrouded with reasonable doubt.” On 5 September 2016, Ragos executed an affidavit claiming that in November 2012, as BuCor OIC and together with aide Jovencio Ablen, he delivered a black bag containing P5 million to De Lima and her bodyguard, Ronnie Dayan, at the former’s residence in Parañaque City. Ragos claimed they made another delivery of P5 million in a plastic bag in December 2012 to De Lima and Dayan. The money, according to Ragos, came from the proceeds of the drug operations of several high-profile inmates inside the NBP. But Ragos retracted his statements against De Lima in May 2022. The panel of prosecutors insisted that Ragos’ recantation did not debunk his original testimony given in open court and that there were other pieces of evidence on record to prove De Lima’s guilt. The panel also cited numerous rulings of the Supreme Court which held that recantations of testimonies are viewed with suspicion and hardly given much weight. “While recantation may give rise to suspicion, such suspicion, however strong, cannot solely serve as a gauge for determining the probative value of the recantation,” the DoJ panel said. The prosecution pointed out that Ragos “extensively” testified before the court, the Senate, and the House of Representatives on his original testimony linking De Lima to the illegal drug trade inside the NBP. It also questioned the court’s failure to consider the weight of the “corroborative and uncontroverted” testimony of Ablen, who testified that he accompanied Ragos in delivering the alleged drug money to De Lima’s residence. The panel also noted that Ragos failed to show evidence to back his claim that he was coerced into executing his initial affidavits and testifying before the court against the former senator. “With his stature and if Ragos indeed lived by his office creed, no amount of coercion could have swayed him. His empty claim of coercion could not have sacrificed his honor and the honor of his office by asserting untruthful statements which are not expected of a high officer of the premier investigatory arm of the government,” the DoJ panel said. The post Reverse Leila acquittal, court told appeared first on Daily Tribune......»»
Ombudsman junks case vs suspended Tabuk City, Kalinga mayor
Tabuk City, Kalinga province Mayor Darwin Estranero will be back to work on April 1 after the case filed against him in connection to the alleged overpricing of medical equipment for his town was dismissed by the Office of the Ombudsman......»»
Contagious pertussis disease continues spreading in Philippines
MANILA, March 28 (Xinhua) -- The contagious pertussis has continued spreading in the Philippines, where it has caused at least 40 death cases, after a province near the capital region reported an outbreak of the disease. In a social media post on Wednesday night, the Cavite government posted a resolution declaring the province under a state of calamity "due to the outbreak of pertussis" after logging 36 cases an.....»»
DOH: Pertussis cases 20 times more than last year
DOH: Pertussis cases 20 times more than last year.....»»
Cavite nagdeklara ng ‘state of calamity’ dahil sa ‘pertussis outbreak’
NASA ilalim na ng “state of calamity” ang probinsya ng Cavite. Ito ay dahil dumadami na ang mga nahahawa ng pertussis o whooping cough sa probinsya. Ayon sa provincial government, nakapagtala na sila ng 26 confirmed cases at kabaling na riyan ang anim na namatay dahil sa nasabing sakit. Narito ang datos ng Cavite kaugnay.....»»
Philippines logs 40 pertussis deaths this year
MANILA, March 28 (Xinhua) -- Forty children have died of whopping cough, a respiratory infection also called pertussis, since this year, the Philippines' Department of Health (DOH) has reported. The DOH said in a statement on Wednesday that cases have continued to increase since the start of this year, recording 568 cases from Jan. 1 to March 16. "The total number of cases for the same period in 2023 was.....»»
Kaspersky Shares Cybersecurity Tips for a Peaceful Getaway during the holy week
As the holiday season approaches, the urge to unwind and kick back is natural. And it’s all too common for people to let their guard down completely when connecting to the Internet too– but shouldn’t. Recently, the Philippine National Police (PNP) Anti-Cybercrime Group shared its findings on identity theft cases in the country. Between November […].....»»
Pertussis or whooping cough: 40 child deaths so far this year – DOH
MANILA, Philippines — Assistant Health Secretary Albert Domingo reported on Wednesday that as of March 16 this year, some 40 children had died of whooping cough — a respiratory infection also called pertussis. An increase in new pertussis cases nationwide had been observed nationwide, with 28 cases reported from March 10 to 16. READ: What.....»»
Security Council warns of foreign interference in 2025 polls
There may be foreign interference in next year’s midterm elections and the Department of Information and Communications Technology should prepare to counter cyberattacks, the National Security Councilwarned yesterday......»»
DOH: Pertussis cases 20 times higher since January
The number of pertussis cases nationwide has increased 20-fold this year from 2023, according to the Department of Hea.....»»
Infants under six months most affected by pertussis — DOH
Latest data from the DOH showed there were 28 new pertussis infections, bringing this year’s total cases to 568. Of the figure, around 63% were infants below six months. .....»»
Criminal raps filed vs dog Killua’s killer
Criminal complaints were filed on Monday against a man accused of killing Golden Retriever “Killua” in Camarines Sur......»»
One more city in Philippines declares pertussis outbreak
MANILA, March 25 (Xinhua) -- The government of Iloilo, a city in central Philippines, on Monday declared an outbreak of pertussis after it confirmed seven out of 15 reported cases, the City Disaster Risk Reduction and Management Council said. Iloilo is the third city to declare an outbreak of pertussis, or whopping cough, after Quezon and Pasig, two cities in the capital region, announced last week that they hav.....»»