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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......»»
Sandigan clears QC prosecutor of bribery raps
The Sandiganbayan has cleared former Quezon City Assistant Prosecutor Raul Desembrana of a direct bribery charge arising from his alleged demand of P80,000 in exchange for dismissing a complaint in 2014. In a 39-page decision, the anti-graft court’s Special Fourth Division acquitted Desembrana of bribery under Article 210 of the Revised Penal Code for the failure of the prosecution to prove his guilt beyond a reasonable doubt. The erstwhile prosecutor was accused of direct bribery for allegedly requesting P80,000 from Dr. Alexis Montes and his son Connor, with pending unjust vexation cases before his office filed by a retired military chaplain. According to the prosecution, Desembrana took advantage of his position for the unlawful demand of P80,000 from the Monteses and for receiving P4,000, placed on top of the “boodle money.” The prosecution alleged Desembrana of demanding P80,000 from Monteses’ lawyer, Ephraim Cortez of the National Union of People’s Attorneys, in exchange for withdrawing the case against his clients, which was assigned the Desembrana for preliminary investigation. Further, the prosecution added that Desembrana proposed an arrangement wherein he would issue a favorable draft resolution for the Monteses in return. In 2014, the National Bureau of Investigation set up an entrapment operation at a restaurant inside Quezon Memorial Circle, where they captured Desembrana after he took the P4,000 marked money from Cortez. In exonerating Desembrana, the Sandiganbayan, however, said the prosecution failed to present the P4,000 allegedly used during the entrapment operation as well as the “boodle money” and the white envelope. “The alleged acceptance of the P4,000 by accused Desembrana cannot be reasonably established without the presentation of the original marked money or the object evidence which was allegedly accepted by accused Desembrana,” it said. The Sandiganbayan also took note of Cortez’s testimony that he did not open the white envelope and relied only on the NBI agents’s statement that the mark and the boodle money were inside the envelope. “Hence, contrary to the allegations in the Information, the evidence presented by the prosecution failed to establish that accused Desembrana ‘actually received P4,000 which were placed on top of the “boodle money” from Atty. Ephraim B. Cortez,” it said. The post Sandigan clears QC prosecutor of bribery raps appeared first on Daily Tribune......»»
Ex-OPEC president Diezani Alison-Madueke charged with bribery
Former OPEC president Diezani Alison-Madueke has been charged with bribery offenses relating to her time as Nigeria's oil minister, the UK National Crime Agency said on Tuesday. Alison-Madueke, 63, has been on bail since first being arrested in London in October 2015. She will appear in court in the British capital on 2 October, the NCA said. Soon after her arrest, her family's lawyer told AFP she would strongly contest corruption allegations that have dogged her during and after her time in former president Goodluck Jonathan's government. Alison-Madueke, in office from 2010 to 2015, was the first woman to be oil minister in Nigeria and the first female president of the global oil cartel OPEC. The head of the NCA's international corruption unit, Andy Kelly, said in a statement: "We suspect Diezani Alison-Madueke abused her power in Nigeria and accepted financial rewards for awarding multi-million-pound contracts." The NCA said Alison-Madueke allegedly benefited from at least £100,000 ($127,000) in cash, chauffeur-driven cars, flights on private jets, luxury holidays for her family, and the use of multiple London properties. The charges also detail financial rewards including furniture, renovation work and staff for the properties, payment of private school fees, and gifts from top designer shops such as Cartier jewelry and Louis Vuitton goods. "Bribery is a pervasive form of corruption, which enables serious criminality and can have devastating consequences for developing countries," Kelly said. "These charges are a milestone in what has been a thorough and complex international investigation," he added. Alison-Madueke has been living in the upmarket St John's Wood area of north London since she was first arrested, and undergone chemotherapy for breast cancer, according to her family. At the time of her arrest, the NCA said only it had detained five people in London on suspicion of international corruption, without naming those held. The Nigerian government of Jonathan's successor Muhammadu Buhari later confirmed Alison-Madueke's arrest and said its law enforcement agencies were cooperating with their British counterparts. Former army general Buhari began an anti-corruption drive after taking office. The NCA said that assets worth millions of pounds in relation to the case have been frozen as part of the investigation. In March, the agency, which targets international and organized crime, provided evidence to the US Department of Justice allowing them to recover assets totaling $53.1 million linked to Alison-Madueke's alleged corruption. The post Ex-OPEC president Diezani Alison-Madueke charged with bribery appeared first on Daily Tribune......»»
Is ‘reasonable certainty of conviction’ the ‘new probable cause’?
It is well settled in Philippine law and jurisprudence that criminal complaints subject to preliminary investigation are assessed by the prosecutors to determine “probable cause,” or the existence of such facts that would excite the belief in a reasonable mind that the person committed the crime. However, recent circulars of the Department of Justice or DoJ have imposed the additional stricter standard of “reasonable certainty of conviction” in certain cases before a complaint is filed or even when already pending in court, to de-clog and decongest court dockets. In February 2023, the DoJ issued Circulars No. 008 s. 2023 and 008-A s. 2023 directing all public prosecutors handling criminal cases for offenses cognizable by the Municipal Trial Courts or MTCs, Municipal Trial Courts in Cities or MTCCs, and Metropolitan Trial Courts or MeTCs to determine if each has a reasonable certainty of conviction based on the evidence, witnesses, and continued interest of the private complainants, and to withdraw the information if there is none. “Reasonable certainty of conviction” is expressly defined in DoJ Circular No. 016 s.2023 as follows: Section 2. Reasonable Certainty of Conviction. There is reasonable certainty of conviction when a prima facie case exists based on the evidence at hand, including but not limited to, witnesses, documentary evidence, real evidence, and the like, and such evidence, that on its own and if left uncontroverted by the accused, shall be sufficient to establish all the elements of the crime or offense charged, and consequently warrant a conviction beyond reasonable doubt. DoJ Circular No. 16 s. 2023 provides further specific guidelines on its applicability to cases falling under the Rules on Summary Procedure or those that are pending in the MTC, MTCC, or MeTC which (a) had no considerable movement over a period of three months or more; (b) where the complainant or his witnesses have repeatedly failed to appear without valid reason despite due notice; or (c) where the material evidence are not available or can no longer be produced despite earnest efforts by the complainant. In such cases, the absence of reasonable certainty of conviction should prompt the prosecutor to move for withdrawal of the information and/or dismissal of the case/s. On 31 March 2023, the DoJ issued Circular No. 20 s. 2023 which imposed a preliminary evaluation of the complaint based on the same standard prior to its docketing for preliminary investigation or the conduct of inquest proceedings in cases involving heinous crimes, capital offenses, violations of Republic Act 9165, or the Comprehensive Dangerous Drugs Act, Republic Act 9160 or the Anti-Money Laundering Act of 2001, Republic Act 11479 or the Anti-Terrorism Act of 2020, and Republic Act 10168 or the Terrorism Financing Prevention and Suppression Act of 2012. Heinous crimes include: (1) Treason under Article 114 of the Revised Penal Code (RPC); (2) Piracy and Qualified Piracy under Articles 122 and 123 of the RPC, respectively; (3) Qualified Bribery under Article 211-A of the RPC; (4) Parricide under Article 245 of the RPC; (5) Murder under Article 248 of the RPC; (6) Infanticide under Article 255 of the RPC; (7) Kidnapping and Serious Illegal Detention under Article 267 of the RPC; (8) Robbery with violence against and intimidation of persons under Article 294 of the RPC; :(9) Destructive Arson under Article 320 of the RPC; (10) Rape under Article 335 of the RPC; (11) Plunder under Republic Act 7080; and (12) Carnapping under Section 14 of Republic Act 6539. Sections 5 and 6 of DoJ Circular No. 20 s. 2023 further requires criminal complaints to be evaluated before preliminary investigation or inquest proceedings to determine if they contain all the necessary evidence to prove the essential elements of the crime. The investigating prosecutor would then issue a certification as to the existence of a prima facie case and a reasonable certainty of conviction based on the available documents, witnesses, and evidence. If assessed in the negative, this would be referred to the private complainant, together with a report, advice on the lacking evidence, and a directive to secure such lacking evidence. If this is not possible, then the complaint would be terminated without prejudice to refiling. It is worth noting that the Supreme Court has repeatedly held that a preliminary investigation is not the avenue for a full-blown display of evidence (PCGG v. Navarro-Gutierrez, GR No. 194159, 21 October 2015), and that probable cause does not require clear and convincing evidence establishing certainty of guilt (Galario v. Office of the Ombudsman, GR No. 166797, 10 July 2007). However, it is also undisputed that the determination of probable cause in a preliminary investigation is an executive function, where the public prosecutor is given broad discretion to determine whether probable cause exists (People v. Castillo and Mejia, GR No. 171188, 19 June 2009). We have yet to see the full implications and effects of the cited DoJ circulars, but it is certainly advisable to ensure the presence of sufficient evidence to support all elements of the crime charged before filing the complaint. The post Is ‘reasonable certainty of conviction’ the ‘new probable cause’? appeared first on Daily Tribune......»»
De Lima co-accused ordered transferred to Munti jail
The Muntinlupa City Regional Trial Court on Wednesday disclosed that it has ordered the transfer of Jose Adrian “Jad” Tamson Dera — a co-accused of former Senator Leila de Lima in a drug case — from the National Bureau of Investigation detention cell in Manila to the Muntinlupa City jail. Judge Abraham Joseph B. Alcantara of the Muntinlupa RTC issued the order on a petition filed by the NBI as he also granted the motion of the NBI for Dera to attend the 5 July 2023 hearing of the Senate Committee on Justice and Human Rights “on the alleged unauthorized trips of said accused outside the NBI Detention Facility.” “Accordingly, the Chief of the Security Management Section, the NBI, is directed to turn over the body of the living person of accused Jose Adrian Dera y Tamson to the Muntinlupa City Jail Male Dormitory, Tunasan, Muntinlupa City who is ordered to take custody of said accused during the pendency of the case and until further orders from the Court,” the RTC’s order stated. The court also ordered to bring accused Dera to the Senate hearing of the Committee on Justice and Human Rights with security escorts and upon proper coordination with the appropriate office of the said committee. To recall, Dera and six security personnel are facing a criminal complaint before the Department of Justice. They were arrested last 21 June while returning to the NBI detention facility in Manila after having gone out. Charges were filed against them for bribery, corruption of public official, infidelity in the custody of prisoner, and graft and corruption. The complaint though has yet to be resolved by the DOJ panel of prosecutors. Meantime, Dera on Wednesday admitted to senators that he was able to leave the NBI facility several times during the Senate justice and human rights investigation. According to Dera, he was able to leave the NBI’s detention facility on 20 January 2022 to have himself checked in a hospital in Manila. This was authorized by a court order dated 10 December 2021. He added that he was able to leave the detention facility for the second time to go to another hospital and have his heart checked, but this time he had no approval from the court. The third time that he was able to leave the NBI was on Father’s Day this year and the fourth time was on 20 June, reportedly for a date, where he and five NBI jail guards were nabbed. But during Senator Francis Tolentino’s interpellation, Dera also confirmed claims that he was also able to Calatagan, Batangas but he said he cannot recall the exact date. He also admitted going to Tagaytay City with other NBI officers. Dera, however, denied going to Subic contrary to some reports. WITH LADE JEAN KABAGANI The post De Lima co-accused ordered transferred to Munti jail 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......»»
QC family courts handling all Dengvaxia cases — SC
The family courts in Quezon City was designated by the Supreme Court to handle exclusively all Dengvaxia-related cases. This affirmed an earlier ruling by the high bench that designated QC courts as the proper venue for dengvaxia cases. The high tribunal in a five-page notice also dismissed “for lack of merit” the motions for reconsideration sought by the principal respondent — former Department of Health secretary and now Iloilo Rep. Janette Garin — and other co-respondents opposing the consolidation of all cases to a family court. The SC’s Second Division Clerk of Court Teresita Aquino-Tuazon pointed to Republic Act 8369 that establishes family courts that have exclusive jurisdiction over child and family cases. “RA 8369 is clear that the Family Court and not the regular court which has jurisdiction over the subject cases,” Aquino-Tuazon said. “That all cases involving the Dengvaxia vaccine wherein the parties were assisted by PAO shall be transferred to the family court in Quezon City,” the SC official added. The court was referring to other PAO-assisted pending cases for reckless imprudence resulting in homicide which will be dismissed by the first level courts for lack of jurisdiction to avoid conflicting rulings/decisions and “for the orderly administration of justice.” The respondents have argued that QC’s family courts had no jurisdiction but the regular courts because there was no living minor that deserves special attention and protection of a family court. The high court said the family court has jurisdiction over cases where the victim is a minor at the time of the commission of the offense and “there is no distinction whether the minor victim is dead or alive.” Aquino-Tuazon made it clear that the purpose of the transfer to the family court is to ensure uniform decisions/rulings and the orderly administration of justice. With regard to the respondents’ arguments that QC’s family court is not the proper venue as most of them had their offices at the National Capital Region, SC’s second division said otherwise. “The SC said the Quezon City is the proper venue since it is the best venue due to its accessibility to the parties as compared to the other venues and that while it is true under RA 10660 (Functional and Structural Organization of the Sandiganbayan), cases falling within the jurisdiction of a Regional Trial Court cannot be tried in the judicial region where the public official holds office, the same is not applicable in the instant case,” it said. Aquino-Tuazon added that assuming the RTC and not the family court has jurisdiction over the cases, Quezon City may still be the proper venue as the subject criminal cases in the petition for transfer of venue is different from the cases in Section 2 of RA 10660 and although some of the accused are public officials, there is no allegation of bribery or corruption against them. The high court with respect to its denial in the consolidation of cases, said that each case should be tried separately because they are not based on the same facts. It said they involve different victims whose medical histories are distinct from that of the other victims. The SC said that the PAO, being the counsel of the parents of the school children whose deaths were linked to the controversial anti-dengue vaccine, can file the instant petition “considering further that there is no cogent reason for the Court to deviate from its earlier resolution granting the transfer of venue as some of the grounds relied upon are mere rehash of the issues and arguments.” PAO chief Atty. Persida Rueda-Acosta said with the latest SC resolution, they can now expect state prosecutors from the Department of Justice to file the criminal cases directly to QC’s family court and not Metropolitan Trial Courts. Garin is facing criminal cases filed by the initial batch of parent-complainants and is also the principal respondent in separate multiple criminal and civil cases, also involving Dengvaxia over 160 more deaths filed against her and other accused including former Health secretary Francisco Duque 3rd. Other respondents aside from Garin and Duque, include Sanofi executives and vaccine distributor Zuellig Pharma, and officials of the Research Institute for Tropical Medicine, Philippine Children’s Medical Center and Food and Drug Administration. The post QC family courts handling all Dengvaxia cases — SC appeared first on Daily Tribune......»»
Ex-LTFRB exec’s bid to junk bribery rap rejected
The Sandiganbayan has junked the motion of an ex-Land Transportation Franchising and Regulatory Board executive director to suspend the bribery charges against him. In a resolution signed on Tuesday but only released Thursday, the Sandiganbayan Sixth Division junked Samuel Jardin's motion for lack of merit. Jardin was indicted for violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees for allegedly receiving P4.5 million from Michelle Sapangila in exchange for a franchise or Certificate of Public Convenience in 2019. The complainant, Sapangila, claimed in a 2019 sworn statement that a certain "Madam Lolit" allegedly demanded payment for the issuance of a route measured capacity in the amount of P300,000 for Jardin and P4.5 million to be split between Jardin (P3 million) and Martin Delgra III (P1.5 million). The disclosure of the alleged bribe prompted the suspension of Jardin in 2019. In his plea, Jardin argued that the proceedings must be suspended on the ground of prejudicial question. "The accused contends that the resolution of the issues in the case before the Supreme Court will necessarily determine his guilt or innocence. This Court disagrees," the Sandiganbayan said. The graft court added that the resolution of the issue in the case before the Supreme Court would not necessarily determine whether the present criminal cases may proceed. In October last year, the Court of Appeals upheld the 2020 ruling of the Ombudsman that ordered the dismissal of Jardin for grave misconduct, conduct prejudicial to the best interest of the service, and violations of the Rules on Administrative Cases in the Civil Service and RA 6713. The Ombudsman found Jardin on 22 December 2020 guilty as charged and ordered his dismissal as LTFRB executive director. He elevated the issue before the CA on 22 June 2021, after the Ombudsman denied his motion for reconsideration. The post Ex-LTFRB exec’s bid to junk bribery rap rejected appeared first on Daily Tribune......»»
Graft court junks Plaza’s reversal petition
The Sandiganbayan has rejected former Agusan del Sur representative Rodolfo Plaza’s petition to overturn its denial of his earlier motion to dismiss prosecutors’ evidence in connection with his pork barrel fund misuse case. The court ruled that Plaza’s current plea echoes his previously denied motion for leave to file a demurrer to evidence anchored on the same, albeit scantier grounds. “There being no new grounds for which the Court may anchor the reversal of its previous decree, the Court finds no cogent reason to deviate from its prior ruling,” the 13-page resolution promulgated on Friday read. “The Court stands behind its original pronouncement that the evidence presented by the prosecution, if unrebutted, constitutes prima face evidence of guilt sufficient to warrant the conviction of the accused,” it added. The former lawmaker was charged with five counts of graft, five counts of malversation and two counts of direct bribery by the Ombudsman for allegedly funneling his Priority Development Assistance Funds or pork barrel to bogus non-government organizations of businesswoman Janet Lim Napoles, the alleged mastermind of the scheme. From 2004 to 2010, Plaza allegedly received P42.1 million in commissions, rebates and kickbacks from his PDAF allocations while serving in the House of Representatives. The payoff allegedly occurred at either Napoles’ workplace in Ortigas or his home in Alabang Hills. Plaza was part of the second wave of lawmakers implicated in the PDAF scam and are now facing charges of stealing public funds for “ghost projects” by funneling the money through Napoles’ fake foundations. The post Graft court junks Plaza’s reversal petition appeared first on Daily Tribune......»»
Prosecutor gets 10 years for bribery
A prosecutor based in Zamboanga City has been sentenced to up to 10 years in prison for bribing a complainant in a frustrated murder case......»»
Goldman Sachs paying $2.9B in penalty to settle 1MDB charges
New York---Global financial titan Goldman Sachs agreed to pay $2.9 billion in penalties to settle criminal charges in the 1MDB Malaysian bribery scandal, the largest US fine ever in a corruption case, the Justice Department announced Thursday......»»
Animam signs with Australia s Ringwood Hawks
Five-time UAAP champion Jack Animam is set to bring her professional career to Australia, joining the Ringwood Hawks in semi-professional league NBL1......»»
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......»»
Filipina rescued from mail-order bride syndicate
The Bureau of Immigration rescued a suspected victim of a mail-order bride syndicate, targeting Filipinas sent to China under false pretenses......»»
ED attaches asset worth Rs 70 lakh in bank fraud implicating Hyderabad-based Jasleen Enterprises
New Delhi [India], March 28 (ANI): The Directorate of Enforcement (ED) has attached an immovable property valued at Rs 70 lakh in a bank fraud case involving Jasleen Enterprises headquartered in Hyderabad. The Hyderabad division of the ED attached the fixed asset in accordance with the stipulations outlined in the Prevention of Money Laundering Act (PMLA) of 2002. ED initiated investigation on the basis of First Informati.....»»
Emergency protocols in case of bridge collapse sought
Emergency protocols in case of bridge collapse sought.....»»
DOJ charges 2 alleged NPA financiers with terrorism financing
According to the DOJ, the case stemmed after reports that Dumlao and Tolentino possessed firearms and ammunition without a clear source of income or apparent purpose......»»
Philippine scientists harassed by China helicopter
Another case of harassment at sea by the Chinese has been reported – this time near Pag-Asa Island last Saturday – involving a helicopter, which hovered dangerously close to a group of Filipino scientists doing research work on a sand bar called Sandy Cay, causing minor injuries......»»