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Napoles convicted anew on P20.91-M graft case
The Sandiganbayan has found convicted plunderer Janet Lim Napoles guilty of graft and malversation of the P20.91-million pork barrel of ex-South Cotabato lawmaker Arthur Pingoy intended for livelihood projects that turned out to be ghost or non-existent projects. In a 66-page ruling handed down on Friday, the Sandiganbayan Special Second Division sentenced Napoles to up to 60 years in prison on four counts each of graft and malversation. Pingoy, however, walked free from the same charges, including direct bribery — notwithstanding whistleblower Benhur Luy’s testimony — “for the failure of the prosecution to prove his guilt beyond reasonable doubt.” Aside from Napoles, the anti-graft court also convicted erstwhile officials of the now defunct National Agribusiness Corporation’s Rhodora Mendoza, Maria Ninez Guanizo and Victor Roman Cacal; and Evelyn de Leon of the Philippine Social Development Foundation Inc. Pingoy, who served three terms in the House of Representatives from 2001 to 2010, was accused of funneling his P20.91-million Priority Development Assistance Fund or pork barrel to bogus non-government organizations set up by Napoles in exchange for kickbacks. The Ombudsman’s probe showed the projects supposedly to finance farm implements, livelihood materials, and training turned out to be “ghost” projects as borne out by Commission on Audit reports and the testimonies of whistleblowers. The Sandiganbayan, however, ruled that “there was no sufficient evidence” that Pingoy had received kickbacks or commissions from Napoles. The PDAF was a lump sum discretionary fund allocated to lawmakers “to identify and fund key projects that local government units could not fund.” The Supreme Court abolished it in November 2013 after it became a source of corruption and was declared unconstitutional. Napoles, the principal suspect in the case, has been detained at the Correctional Institution for Women in Mandaluyong City since 2018 on plunder charges involving the unlawful disbursement of Senator Ramon Revilla Jr.’s pork barrel worth P224 million. She is still facing several graft charges, all related to the pork barrel scam. The post Napoles convicted anew on P20.91-M graft case appeared first on Daily Tribune......»»
Janet Napoles to serve 60 more years imprisonment sentence
The Sandiganbayan found convicted plunderer Janet Lim Napoles guilty of graft and malversation anew for her involvement in the P20.91 million pork barrel of ex-South Cotabato lawmaker Arthur Pingoy intended for livelihood projects that turned out to be ghost or non-existent. In a 66-page ruling handed down on Friday, the Sandiganbayan Special Second Division sentenced Napoles to up to 60 years in prison for four counts each of graft and malversation. Pingoy, however, walked free from the same charges, including direct bribery -- notwithstanding whistleblower Benhur Luy's testimony -- " for the failure of the prosecution to prove his guilt beyond reasonable doubt." Aside from "pork barrel queen" Napoles, the anti-graft court likewise convicted erstwhile officials of the now-defunct National Agribusiness Corporation Rhodora Mendoza, Maria Ninez Guanizo, Victor Roman Cacal, and Evelyn de Leon of the Philippine Social Development Foundation Inc. Pingoy, who served three full terms as a member of the House of Representatives from 2001 to 2010 -- was accused of funneling his P20.91 million Priority Development Assistance Fund or pork barrel through bogus non-government organizations allegedly governed by Napoles in exchange for kickbacks. The Ombudsman’s probe disclosed that the projects nominated as financial assistance for farm implements, livelihood materials, and training turned out to be "ghost” projects as borne out by the Commission on Audit report and testimonies of the whistleblowers. The Sandiganbayan, however, ruled that "there is no sufficient evidence" that the erstwhile lawmaker indeed received kickbacks or commissions from Napoles. PDAF allocated to lawmakers is lump-sum and discriminatory funds intended to empower them "to identify key projects that local government units could not fund." It was later abolished by the Supreme Court in November 2013 after it became a source of corruption and was declared unconstitutional. Napoles, the principal suspect in the case, has been detained at the Correctional Institution for Women in Mandaluyong City since 2018 for plunder charges involving the unlawful disbursement of Senator Bong Revilla Jr.'s pork barrel worth P224 million. She is still facing several graft charges, all related to the pork barrel scam. The post Janet Napoles to serve 60 more years imprisonment sentence appeared first on Daily Tribune......»»
Ombudsman fails to pin Napoles for plunder
The Sandiganbayan yesterday convicted Janet Lim Napoles of nine counts of corruption of a public official, but acquitted her of plunder over the so-called “pork barrel fund scandal.” Likewise found guilty of nine counts of direct bribery by the Sandiganbayan’s Fifth Division was former Association of Philippine Electric Cooperatives Partylist Rep. Edgar Valdez. The convictions were in relation to the misuse of lawmakers’ Priority Development Assistance Fund or PDAF. Napoles and Valdez were each sentenced to imprisonment of two years and four months up to six years and one day, and were each meted out a fine of P26,996,700. The cases stemmed from the charges of plunder filed by the National Bureau of Investigation and the Office of the Ombudsman, which alleged that five lawmakers, including Valdez, channeled their PDAFs to Napoles’ fake non-government organizations in exchange for kickbacks. According to the information filed by the Ombudsman, Valdez received P56 million in kickbacks from Napoles. The amount was over the P50-million threshold for the crime of plunder. Lacking evidence Former senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada, as well as former representative Rizalina Seachon-Lanete, were among the other lawmakers accused of plunder in connection with the pork barrel scam. Revilla was acquitted in 2018 but the cases against the others are still pending before the Sandiganbayan. Enrile, Estrada and Seachon-Lanete were granted bail. The dispositive portion of the Sandiganbayan’s ruling said the evidence to prove plunder against Napoles and Valdez was lacking. “The Court finds accused Edgar de Leon Valdez and Janet Lim Napoles not guilty of plunder due to insufficient evidence proving that they had, through conspiracy, amassed, accumulated, and or acquired at least 50 million pesos of PDAF funds through kickbacks and/or commissions,” the decision read in part. Valdez was allowed to post bail in 2016 after the Fifth Division said the prosecution was only able to prove that Valdez received P2.6 million, and not P56 million, in kickbacks from a foundation belonging to Napoles, who was dubbed the “pork barrel queen.” The division rejected Napoles’ request for the court to accept her belatedly filed memorandum that cited whistleblower Benhur Luy’s testimony in a different graft case, where he allegedly acknowledged that the funds in this case were not from PDAF. The 108-page Sandiganbayan decision was per curiam, meaning, not one justice from the anti-graft court’s Fifth Division penned the ruling. The per curiam decision was signed by Associate Justice and Division Chairperson Rafael Lagos, and Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac. Previous acquittals Napoles attended through videoconference, while Valdez was physically present in court on Monday morning. Napoles is currently serving prior convictions. Last May, the Sandiganbayan First Division acquitted Napoles of graft in 16 PDAF cases. Napoles and Revilla were charged with the crimes in 2014. In 2018, the court ruled in favor of Napoles and against Revilla in the plunder case. In 2021, after filing a demurrer to evidence in both graft instances, Revilla was exonerated. The court ruled that the liability of the accused could no longer be determined because they were included in the plunder case for which they were already prosecuted. The charges of plunder against Revilla, his former political officer Atty. Richard Cambe, and Napoles also constituted graft because they were based on “predicate acts,” the court said. The resolution was written by Associate Justice Geraldine Faith Econg and adopted by Division chairperson Efren dela Cruz and Associate Justice Arthur Malabaguio. Same proof “This fact became even more apparent after the presentation of the same testimonial and documentary evidence in both cases,” the resolution read. Those acquitted in that case were Gondelina Amata, Ofelia Ordoez, Sofia Cruz, Evelyn Sucgang, Francisco Figura, Ma. Rosalinda Lacsamana, Marivic Jover, Consuelo Lilian Espiritu, Victor Roman Cacal and Maria Ninez Guanizo. Dennis Cunanan, Gregoria Buenaventura, Rhodora Mendoza, Evelyn de Leon, Laarni Uy and Jocelyn Piorato were found guilty and sentenced to prison terms ranging from 6 to 8 years, and were permanently barred from holding public office. Cambe, Eulogio Rodriguez and Emmanuel Alexis Sevidal had their cases dropped after they passed away. Still another case Napoles was found guilty of two charges of graft and two counts of malversation in another batch of PDAF proceedings involving the late Davao del Sur representative Douglas Cagas. The Sandiganbayan 2nd Division observed in a ruling released on 19 May 2023, that the Anti-Money Laundering Council report corroborated the evidence of whistleblower Luy, who claimed that Napoles owned and controlled the NGOs implicated in the PDAF scam. The post Ombudsman fails to pin Napoles for plunder appeared first on Daily Tribune......»»
Addressing vote-buying
It seems that the present Commission on Elections is not running out of ideas on how to effect reforms. It is not “sleeping on their post” as sentinels used to say. It continues to pursue changes in the electoral landscape unmindful of negative social and political headwinds. I just wrote about its speedy action of placing Malabang, Lanao del Sur under Comelec control because of the indiscriminate firing of guns on the first day of filing of certificates of candidacy. Now, it’s tackling the mother of election irregularities — vote buying and vote selling. This illegal practice is anti-democratic. It continues to be the bane of elections. It restricts one’s freedom to choose one’s leaders. That it thrives as endemic in a political milieu like the Philippines is a testament to how difficult life is for the common people. Financial need, especially for those on the margins of society, is so chronic that people are willing to sacrifice their basic freedoms to make ends meet. This is a problem almost beyond solution because of the difficulty of punishing the wrongdoers, both the buyer and seller. We have laws punishing it but prosecutors can only build a case against a suspect with the participation of at least one of the accomplices to the crime. And who would want to testify against oneself unless immunity is assured? And so, we see a mockery of the law. No one gets jailed for violating it. The proactive Comelec comes now with a bagful of measures to combat the anomaly. It has created a special group, the Committee on Kontra Bigay, to address the problem and it is helmed by a no-nonsense reformist, Commissioner Ernesto Maceda Jr., the namesake of a great and astute statesman who served the country in various capacities for decades. I say he is the right choice, not only because of the reputation he has built, but more so because of the weight of the name he carries which he would not want to taint with a whiff of wrongdoing. The Commission has listed a litany of prohibitive acts associated with vote-buying. It’s too long to list in this limited space. But on top of these are acts and activities “presumed” to be illegal because they lead to the commission of the crime. These include “possessing or delivery of... monies or anything of value together with sample ballots or other campaign materials... queues of registered voters for the distribution of money... and such other goods... employing the hakot system or the gathering of two or more registered voters in a specific place before election day and on election day ...prohibiting the possession... carrying of cash exceeding P500,000 along with campaign paraphernalia two days before an election and on election day... an ‘ayuda’ ban except that which is normally given to qualified individuals...” It also created the Kontra Bigay Complaint Center which will receive complaints of vote-buying. For human rights guardians, consider this: the Comelec allows “warrantless arrest wherein any law enforcement officer may, without a warrant, arrest a person when in his or her presence, the person to be arrested has committed, is committing, or is attempting to commit the election offense of vote-buying.” Wow! A case arising out of these acts is fertile ground for legal hermeneutics. Any two-bit lawyer can find a “palusot” in this scenario. It may be extremely difficult to prove all these by evidence but it’s surely a theoretical force to deter the commission of the crime. And let it not be said that the present Commission did not lift a finger to combat this perennial problem which everyone talks about but was never addressed by past commissions. For this reason, the present Commission deserves our appreciation for a bold ambitious move. amb_mac_lanto@yahoo.com The post Addressing vote-buying appeared first on Daily Tribune......»»
Ex-AFP comptroller Carlos Garcia released from NBP
Retired Maj. Gen. Carlos Garcia, the former military comptroller from 1993 until 2004 who was convicted of charges arising from illegal wealth, is now a free man after he was ordered released from the New Bilibid Prison. Bureau of Corrections Director General Gregorio Pio P. Catapang carried out the order after Justice Secretary Crispin Remulla approved the release of Garcia, whose sentence has been fully served upon computation, including the 3,288 GCTA under RA 10592 or the law granting good conduct time allowance for persons deprived of liberty. Garcia was sentenced by the Sandiganbayan Second Division for four up to eight years in prison for direct bribery under Article 210 of the Revised Penal Code; and another four to six years in jail for facilitating money laundering under Section 4 (b) of Republic Act 9160 (Anti-Money Laundering Law). He was also sentenced for a minimum of one year and eight months to maximum of two years and four months for perjury by the anti-graft’s court and maximum of two years for violation of 96th and 97th Article of War by the General Court Martial of the Armed Forces of the Philippines. Based on record, Garcia was sentenced to a definite prison term of 18 years and four months, but whose time served with time allowances have already exceeded his maximum sentence, computed based on Republic Act No. 10592. Records also showed that Garcia was received by the NBP on 16 September 2011 but his actual detention started in June 2005. Thus, he has actually served 17 years, five months and eight days in prison. Catapang said there is no longer any legal ground for Garcia to be detained at the NBP after having served his maximum sentence. According to prosecutors, while serving as AFP deputy chief of staff for comptrollership, Garcia acquired funds, real estate and other assets "by receiving commissions, gifts, shares, percentages, kickbacks, or other forms of pecuniary benefits, like shopping money or gratitude money" while handling government contracts. The post Ex-AFP comptroller Carlos Garcia released from NBP appeared first on Daily Tribune......»»
Aftermath of Heidi’s falsehood (2)
Upon a careful study of the case, vis-à-vis the evidence of the prosecution, it was an honest and sincere assessment that the plea bargaining agreement approved by Wendell Sulit was in the best interest of the State under the circumstances. Sulit was the dismissed prosecutor in the plunder trial on the plea bargaining deal with Armed Forces of the Philippines comptroller Gen. Carlos Garcia. The prosecution had no evidence to prove the material allegation in the information that the general had received kickbacks and commissions from suppliers and contractors of the AFP. Thus, faced with the prospect of accused Garcia being acquitted and walking free with his ill-gotten wealth, the prosecution was forced to take the best available alternative remedy of a plea bargain to save the government from the dismissal of the plunder case. The agreement would result in two criminal convictions — for bribery and violation of the Anti-Money Laundering Law. All existing and identified properties would be recovered and transferred to the government. This would work for the benefit of the government because about 85 percent to 90 percent of the properties under litigation for recovery were in the names of the other co-accused, the wife and children of Garcia over whom the Sandiganbayan had yet to acquire jurisdiction. It was a condition for the approval of the plea bargaining agreement that all identified properties must first be turned over and/or transferred to the Republic of the Philippines. Thus, there was a 100-percent assurance that the interest of the State would be protected. Sulit never gave any undue advantage to the accused Garcia nor was the agreement made for the convenience of Garcia. The truth of the matter was that all the publicity and media blitz was intended to hide the real story that former Ombudsman Marcelo had failed to conduct a good and complete investigation, had failed to gather the required evidence, and had filed a case merely based on personal belief, conclusions, and assumptions without any concrete evidence “to support the same during the trial of the case.” To reiterate, the recommendation of Sulit was still subject to the approval of then-Ombudsman Merceditas Gutierrez. However, notwithstanding the approval of former Ombudsman Gutierrez, the PBA was not yet self-executory as it was still subject to the approval of the Sandiganbayan. Thus, when the PBA was approved by the Sandiganbayan, was it legally proper and fair to impute liability to the persons who merely recommended an act that was approved by a competent court? Keen observers opined that the drama and antics of Heidi Mendoza influenced President Simeon Benigno Aquino III. Mendoza’s insinuation that Sulit gave undue advantage to Garcia and that the PBA was made for his convenience was a total falsehood. The truth was that all the publicity and media blitz starring the Crying Lady, Heidi Mendoza, were intended to hide the real story as stated earlier. The Court of Appeals turned down the findings of the Office of President Noynoy Aquino, that Sulit’s approval of the plea bargaining agreement with Garcia was unlawful. At the end of Noynoy’s term as president, the Court of Appeals ruled: “The fact that the deal was approved by the Sandiganbayan made it aboveboard and within the process mandated by law.” “The act of the Office of the President in determining the probative value of the evidence presented in the cases of plunder and money laundering in the administrative proceedings was not only misplaced and uncalled for but also constituted an encroachment on the judicial power. The authority rests solely upon the appropriate court — in the Sandiganbayan.” (To be continued) The post Aftermath of Heidi’s falsehood (2) appeared first on Daily Tribune......»»
Pope Francis appoints Fil-Am economist to Vatican post
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SC appoints ex-Chief Justice Puno as friend of court in anti-terror law debates
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Belmonte, Binay call for climate action funding from development banks
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7 nanlaban drug suspects dead after Baste Duterte declares drug war
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Kaspersky Shares Cybersecurity Tips for a Peaceful Getaway during the holy week
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CHR alarmed by war vs drugs in Davao City
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Revisiting Uniteam (Last of 2 parts)
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Roque: Xi, Duterte agreed to keep West Philippines Sea status quo
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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.....»»
CHR probes Davao drug war deaths
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Fake booking scams up – ACG
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Fully independent PHI-NADO pushed
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Agdao Public Market vendors want variety and vegetable sections merged
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7 dead after Davao City Mayor Duterte declares war vs. drugs
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