We are sorry, the requested page does not exist
Sandigan junks Napoles appeal
The Sandiganbayan Second Division has junked the motion for reconsideration for the reversal of conviction in two counts of graft and two counts of malversation of alleged pork barrel fund scam queen Janet Lim Napoles. The promulgation of the resolution dated 8 August 2023 was denied by the anti-graft court for lack of merit. Napoles, through her lawyer, assailed the prosecution, saying the testimonies of her former employees, whistleblowers Benhur Luy and Mary Arlene Baltazar, were just allegations. The court though, stressed that the testimonies of Luy and Baltazar corroborated the reports and other documents from the Commission on Audit-Special Audit Office. “Prosecution witnesses Luy and Baltazar were clear, consistent and, in fact, in-depth on the matter of how they were related to her, as well as the corporation and NGOs (non-government organizations) which were established being under her control thus, making their testimonies credible,” the court said in the resolution penned by Associate Justice Edgardo Caldona, with the concurrence of Division Chairperson Oscar Herrera Jr. and Associate Justice Arthur Malabaguio. To recall, Napoles was found guilty 19 May 2022 in the P7.6-million Priority Development Assistance Fund scam cases involving the late Davao del Sur 1st District representative Douglas Cagas. The post Sandigan junks Napoles appeal appeared first on Daily Tribune......»»
Former PRA officials off the hook
The Supreme Court Second Division on Wednesday announced that it has acquitted former Philippine Reclamation Authority — formerly the Public Estates Authority — officials for their alleged anomalous involvement in the construction of the Diosdado Macapagal Boulevard due to reasonable doubt. In its 69-page decision, the Supreme Court Second Division granted the consolidated petition which cleared Cristina Amposta-Mortel, Theron Victor Lacson, Leo Padilla, Manuel Beriña Jr., Jaime Millan, Bernardo Viray, Raphael Pocholo Zorilla, Daniel Dayan, Frisco Francisco San Juan, El Pidio Damaso, Carmelita Cahn, and private individual Jesusito Legaspi. The petition assailed a 2015 decision and resolution of the Sandiganbayan which found them guilty of violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. Previously, the embattled officials were sentenced to imprisonment of up to eight years and ordered to jointly and severally reimburse the government the amount of over P173 million. Following the acquittal, the Supreme Court ordered the civil liability to be deleted. The SC said there was no undue injury to the government or any party, or any unwarranted benefit that was proven by the prosecution. It also held that the government cannot be said to have suffered an actual loss since there was no showing that it had to perform acts prejudicial to its interest that would pertain to the loan obtained by PEA, or to the construction of the President Diosdado Macapagal Boulevard. The SC also stressed that the project resulted in a benefit in favor of the government. “To the contrary, the timely completion of the project resulted into a benefit in favor of the government with the increase in value of the land surrounding the area, as well as the public who continue to reap the benefits of having alternate routes that would let them avoid traffic congestion,” it said. The post Former PRA officials off the hook appeared first on Daily Tribune......»»
Belgica, 4 others ordered dismissed
Despite separate rulings by the Justice Secretary and the Office of the President on the Anti-Red Tape Authority’s, or ARTA, directives pertaining to the assignment of frequency to NOW Telecom, an Omnibus Order and Minute Resolution was issued by the officers of the agency affirming its earlier resolution and Order of Automatic Approval which is illegal. With this, former Anti-Red Tape Authority director general Jeremiah Belgica and four other officials of the agency were ordered dismissed by the Office of the Ombudsman after finding them guilty of grave misconduct. The termination order was contained in a 14-page decision prepared by a four-member special panel and approved by Ombudsman Samuel Martires. It declared Belgica, his former deputy Eduardo Bringas, division chief Sheryl Pura-Sumangil, and directors Jedrek Ng and Melamy Salvadora-Asperin accountable. The ruling carries the accessory penalties of cancellation of civil service eligibility, forfeiture of retirement benefits, and perpetual disqualification to hold public office. If the accused were already separated from the service and the penalty could no longer be, the same shall be converted into a fine in the amount equivalent to the respondents’ salary for one year, payable to the Office of the Ombudsman, and may be deductible from their retirement benefits, accrued leave credits or any receivables by respondents from their office. The case against Belgica and company stemmed from a complaint filed by DITO Telecommunity Inc., which accused the respondents of giving preferential treatment to NOW Telecom. Sweetheart deal The alleged preferential treatment was evidenced by ARTA’s 1 March 2021 OAA assigning contingent frequencies to NOW Telecom, which came after the government awarded the same frequencies to DITO as the country’s new telco major player. The order cited the respondents’ “clear intent to violate the law” when they issued the assailed ARTA Resolution and OAA despite being aware beforehand of the status of NOW Telecom with the National Telecommunications Commission. As early as December 2005, NTC records showed Now Telecom was already found to be non-compliant and was disqualified from the assignment of 3G frequency bands due to unpaid supervision and regulation fees and spectrum user fees amounting to P2.6 billion. The telecom company in January 2006 was issued a provisional authority that was not specific to 3G and was premised on the condition on the payment of its outstanding SRF and SUF obligations. At that time, the issue on the outstanding SRF and SUF was already pending with the Supreme Court. In December 2017, NOW Telecom was assigned the 20MHz contiguous bandwidth, 3520 to 3540 MHz, under the 3.5 GHz on the same condition that it settle its outstanding SUF and SRF. NOW Telecom’s PA was extended for 36 months until September 2020 subject again to the condition regarding the SUF and SRF, but was never fulfilled by the company. The post Belgica, 4 others ordered dismissed appeared first on Daily Tribune......»»
PEMC gets teeth vs WESM breach
The Supreme Court affirmed a Court of Appeals ruling declaring valid the memorandum of agreement between the Energy Regulatory Commission and the Philippine Electricity Market Corporation to probe irregularities at the Wholesale Electricity Spot Market or WESM. Associate Justice Marvic Leonen in a 12-page decision, said the Court’s Second Division denied the petition filed by the Power Sector Assets and Liabilities Management Corp. or PSALM seeking the nullification of the said agreement as well as its accompanying protocol. The ruling affirmed the 2009 CA findings which held that the PEMC has the power to investigate possible breaches of the rules governing WESM. The appellate court also held that the ERC did not unduly delegate its powers in the assailed memorandum and protocol with PEMC. It noted that under the rules and regulations of the Electric Power Industry Reform Act or EPIRA, the Department of Energy with the industry players, were mandated to formulate rules for WESM. Citing the rules promulgated for WESM, the CA found out that PEMC’s investigative powers came from its designation under EPIRA as the autonomous group tasked to implement the electricity spot market and formulate rules. Also, it noted that this was made clear in the assailed protocol, which delineates the actions that the ERC and the PEMC may take. “With the statutory basis for respondent Philippine Electricity Market Corporation’s power to investigate and sanction breaches of the Rules outlined and considering that petitioner failed to show how these acts encroach on the exclusive and original jurisdiction of respondent Energy Regulatory Commission, we deny the Petition,” the SC declared. In affirming the CA decision, the SC, pointed out that the power to investigate violations of the spot market ules is concurrently exercised by the ERC and EPMC. Basis is EPIRA It also explained that EPIRA provides for the establishment of spot market, whose rules are to be formulated by the DOE jointly with industry participants. The spot market would also be implemented by a group to be constituted by the DoE with representation from industry players. “Thus, EPIRA empowered the Department of Energy, together with the industry participants, to develop the governance structure of the Wholesale Electricity Spot Market. This structure, as laid down in the Rules, empowered the Philippine Electricity Market Corporation to investigate breaches of the Rules and act accordingly to ensure the members comply with them,” the SC noted. “The Philippine Electricity Market Corporation is likewise vested with the power to resolve disputes between market participants and the market operator and provide adequate sanctions in case of breaches of the Rules,” it added. The case stemmed from the request of PEMC to then Energy Secretary Angelo Reyes to approve the conduct of a formal investigation by its Enforcement and Compliance Office against petitioner for possible breach of WESM rules with respect to six power generating plants whose electricity output is being traded in WESM. PSALM argued that the agreement signed on 31 January 2008 and its protocol constituted undue delegation of authority by the ERC of its exclusive powers under EPIRA to enforce the rules and regulations of the electricity spot market, investigate and act against any participant or player in the industry for violation of any law, rule or regulation governing the same, including rules on cross-ownerships, anti-competitive behavior, abuse of market, positions and other similar acts. It further contended that the procedure adopted for investigation of breaches of the WESM rules under the protocol is violative of due process. But the ERC posed no objection to PEMC’s conduct of investigation. The post PEMC gets teeth vs WESM breach appeared first on Daily Tribune......»»
Terrorist designation of red-tagged doc ‘baseless and malicious’ – rights group
Human rights group Karapatan assailed the terrorist designation of red-tagged community doctor Natividad Castro per the Anti-Terrorism Council Resolution No. 35. The post Terrorist designation of red-tagged doc ‘baseless and malicious’ – rights group appeared first on Bulatlat......»»
A year into terror law, ‘meager’ assets of rights defenders frozen
Critics of the anti-terror law have long assailed that it will be used to silence dissent. A year on, progressives said the law has left bank accounts of non-profit organizations and political prisoners frozen on allegations that they are financing or supporting terrorism. The post A year into terror law, ‘meager’ assets of rights defenders frozen appeared first on Bulatlat......»»
Rights lawyer slams Calida’s red-tagging, calls it ‘a deadly offense’
Human rights lawyer Neri Colmenares assailed Solicitor General Jose Calida for red tagging him and other progressive legislators during the online oral arguments on the Anti-Terror Law, April 27. The post Rights lawyer slams Calida’s red-tagging, calls it ‘a deadly offense’ appeared first on Bulatlat......»»
Time is of the essence: 23 petitioners urge SC to stop implementation of anti-terrorism law
(Updated) With charges filed and military surveillance carried out under a law assailed in court by 37 groups, 24 of the petitioners against it urged the Supreme Court to stop the implementation of the Anti-Terrorism Act of 2020......»»
Anti-terrorism law faces 20th legal challenge, this time from Cebu students
A group of students and youth leaders from Cebu on Tuesday assailed the constitutionality of the Anti-Terrorism Act of 2020 before the Supreme Court, the 20th legal challenge the contentious law is facing......»»
Anti-terror law alarms a wide range of groups
As of last Thursday, at least 16 petitions had already been filed before the Supreme Court, asking it to strike down the new Anti-Terrorism Act (RA 11479) – either in its entirety or several of its provisions assailed for their “vagueness” and “overbreadth/over-reach” – for violating the Constitution. The law, passage of which was railroaded… The post Anti-terror law alarms a wide range of groups appeared first on Bulatlat......»»
Anti-terror law alarms a wide range of groups
As of last Thursday, at least 16 petitions had already been filed before the Supreme Court, asking it to strike down the new Anti-Terrorism Act (RA 11479) – either in its entirety or several of its provisions assailed for their “vagueness” and “overbreadth/over-reach” – for violating the Constitution......»»
Church leaders join mounting legal opposition vs. terror law
In their petition, church leaders assailed that the vagueness of the Republic Act No. 11479 or the Anti-Terror Act of 2020 will expose them to “credible threat of prosecution” for their ministries and advocacies. The post Church leaders join mounting legal opposition vs. terror law appeared first on Bulatlat......»»
Citing previous experience of abuse, Sanlakas asks SC to void part of anti-terrorism law
Progressive group Sanlakas on Monday assailed the constitutionality of the Anti-Terrorism Act of 2020, the 8th legal challenge the contentious new law is facing before the Supreme Court......»»
Citing danger to organized labor, trade unionists join legal fight vs Anti-Terrorism Law
Trade unionists assailed the constitutionality of the Anti-Terrorism Act of 2020 before the Supreme Court, citing the danger the law poses to labor rights defenders......»»
Duterte’s obsessive diatribe vs CPP-NPA
Having succeeded in railroading the passage by Congress of the “Anti-Terrorism Act of 2020” bill – widely condemned and assailed, both nationally and internationally – and poised to sign it into law shortly, President Duterte has moved further onward......»»
Lacson rejects unconstitutional tag on warrantless detention in anti-terrorism bill
Lacson rejected the assertion that the “legislative intent” of the assailed provision was premised on valid warrantless arrests, under Rule 113 Section 5 of the Revised Rules of Criminal Procedure......»»
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 […].....»»
Mandaue drug bust: P476,000 ‘shabu’ seized from HVI
CEBU CITY, Philippines — Authorities seized suspected shabu worth at least P476,000 from a 45-year-old man described as a high-value individual during an anti-illegal drugs operation in Mandaue City early on Wednesday morning, March 27, 2024. The operation took place along Realty Road in the North Reclamation Area in Barangay Subangdaku, Mandaue City, Cebu. The.....»»
Fake booking scams up – ACG
Fake booking scams increased in the second week of March, the Anti-Cybercrime Group of the Philippine National Police reported yesterday......»»
Fully independent PHI-NADO pushed
With the WADA compliance issue settled and cleared, the Philippine Sports Commission and the Philippine National Anti-Doping Organization are moving forward and making sure that all bases are covered from hereon......»»