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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......»»
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......»»
NBI official, Immigration officer bro charged for alleged extortion in pastillas scheme probe
The Department of Justice charged National Bureau of Investigation official Joshua Capiral and his brother, Immigration Officer Christopher, for alleged extortion to clear people in probes into bribery at the Bureau of Immigration......»»
Baltimore bridge accident: Freighter pilot called for tugboat help before plowing into bridge
BALTIMORE — The pilot of the cargo freighter had radioed for tugboat help and reported a power loss minutes before the Baltimore bridge accident, federal safety officials said on Wednesday, citing audio from the ship’s “black box” data recorder. The head of the National Transportation Safety Board also said that Francis Scott Key Bridge, a.....»»
MLB season begins
Shohei Ohtani and the Los Angeles Dodgers take center stage on Thursday as Major League Baseball’s new season gets under way on US soil against the backdrop of a gambling scandal that has engulfed its brightest star......»»
NBI nabs 8 bogus DBM officials
Eight people allegedly posing as officials of the Department of Budget and Management were apprehended by the National Bureau of Investigation in Mandaluyong on Tuesday......»»
Ministry helping improve BARMM’s business climate names 10 new officials
The Bangsamoro chief minister has filled out ten regional positions in one of the ministries under him to boost its operation as requested by business blocs enticing foreign investors to venture into viable businesses in the region......»»
Lessons from Shohei Ohtanis Interpreter Blame: The Daily Guardia
Los Angeles Angels pitcher and designated hitter Shohei Ohtani has found himself at the center of a scandal involving alleged sports betting activities and theft.....»»
Davao LGU to meet with vendors after video of goods’ confiscation went viral
DAVAO CITY (MindaNews / March 25) – The Ancillary Services Unit (ASU) will meet again with vendors after a viral video of cellphone casing merchandise they confiscated near the new Agdao Public Market went viral on social media. “We’ll have a meeting together with the Davao City officials regarding the viral video. We will also […].....»»
Davao City Council moves hearing on traffic-causing road construction works
DAVAO CITY (MindaNews – 26 March) – The Davao City Council rescheduled to Tuesday, April 2, the second hearing on the suspended road construction works in the locality after key officials from the Department of Public Works and Highways (DPWH) – Davao region failed to show up Friday. The DPWH-Davao key officials are reportedly in […].....»»
Shohei Ohtani to address theft allegations against interpreter in investigatio
Shohei Ohtani Denies Involvement in Gambling Scandal In a shocking turn of events, baseball star Shohei Ohtani has found himself caught up in a gambling.....»»
Remove the chaff from the grains
Other than the questioned selling of the buffer stock of rice to traders, what’s happening at the National Food Authority (NFA)? With 132 of around 2,000 NFA officials and employees all around the country suspended for six months without pay, this agency attached to the Department of Agriculture (DA) is struggling to stay relevant in the over-all schemes of the government on food security......»»
BI nabs 2 foreign fugitives
Bureau of Immigration operatives arrested a South Korean and an American, both fugitives wanted for crimes in their countries, the BI reported on Friday......»»
SC affirms ruling granting bail to ex-Masbate lawmaker, Napoles
The Supreme Court (SC) has affirmed a ruling of the Sandiganbayan that allowed businesswoman Janet Lim-Napoles and former Masbate congresswoman Rizalina Seachone-Laneta to post bail in the plunder charges filed against them in connection with the Priority Development Assistance Fund (PDAF) or pork scam......»»
3 dead, 592 others afflicted with measles in BARMM since January
Three children in the Bangsamoro region died from measles in the past 10 weeks while 592 others contracted the viral, supposedly vaccine-preventable disease during the period, regional officials reported on Saturday......»»
PNP exec in sex scandal threatened victim with enforced disappearance
A Philippine National Police colonel embroiled in a sex scandal allegedly threatened his victim that he could make her disappear......»»
Philippines, Japan, US foreign officials prepare for tri-summit
As the Philippines prepares for a trilateral summit with Japan and the US on April 11, Foreign Affairs Undersecretary Ma. Theresa Lazaro met on Thursday in Tokyo with Japanese Vice Foreign Minister Okano Masataka and US Deputy Secretary of State Kurt Campbell to discuss regional security issues and economic cooperation......»»
EDITORIAL - Under lock and key
The Civil Service Commission has reminded all government officials and employees of the April 30 deadline to submit their sworn Statements of Assets, Liabilities and Net Worth for 2023......»»