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‘Mapapamura ka sa galing ni Kokoy de Santos sa Your Mother’s Son!’
MAPAPAMURA ka talaga sa galing ng aktor na si Kokoy de Santos sa pelikulang “Your Mother’s Son” mula sa direksyon ni Jun Robles Lana. Mapapanood ito sa Abril 12 hanggang Abril 14 bilang opening film sa ENLIGHTEN: The IdeaFirst Film Festival na gaganapin sa Gateway Cinemas mula sa panulat nina Direk Jun at Elmer Gatchalian......»»
3 TLRC execs get 26 years for ‘pork’ scam
The Sandiganbayan yesterday sentenced three ranking officials of the abolished state firm Technology and Livelihood Resource Center to serve up to 26 years in prison for graft and malversation of public funds in connection with their involvement in the “pork barrel” fund scam......»»
Group hits Imee reaction on NTF-ELCAC
The progressive group Karapatan criticized the reactions of Sen. Imee Marcos and the National Task Force to End Local Communist Armed Conflict to the call of UN Special Rapporteur Irene Khan to have the NTF-ELCAC abolished......»»
Sandigan upholds sentence for Nabcor execs in ‘pork’ scam
The Sandiganbayan has upheld the conviction of three officials of abolished state firm National Agribusiness Corp. (NABCOR) in connection with the pork barrel scam......»»
North Luzon Railways Corp abolished
Malacañang has ordered the abolition of the North Luzon Railways Corp., the state-run firm mandated to operate and manage a railway project that was supposed to be funded by China, but was tainted with allegations of overpricing......»»
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......»»
‘Pork’ scam: 3 ex-TLRC officials get 28 years
Three former officials of the abolished state firm Technology and Livelihood Resource Center have been found guilty of misusing nearly P10 million in Priority Development Assistance Fund or pork barrel of the late Negros Oriental congressman Herminio Teves in 2007......»»
Ombudsman vindicates
Ombudsman Samuel Martires has found probable cause to file graft charges against former Procurement Service-Department of Budget and Management, or PS-DBM, officials and Pharmally executives over Covid-19 purchases. Graft buster Martires, thus, is seeking reforms to the procurement law amid the PS-DBM controversy. The move of the Ombudsman vindicated the eight-part series of this column entitled: “PS-DBM is a catastrophe.” The Office of the Ombudsman has found probable cause to file graft charges against former PS-DBM undersecretary Lloyd Cristopher Lao, former PS-DBM procurement group director and now Overall Deputy Ombudsman Warren Rex Liong, and other officials for their involvement in the irregular procurement of Covid-19 test kits from Pharmally Pharmaceutical Corporation. The 14 August 2023 decision signed by Martires called for the filing of three graft charges against Lao, Liong, and PS-DBM Procurement Management Officer Paul Jasper de Guzman and Pharmally executives Mohit Dargani, Lincoln Ong, Huang Tsu Yen and Justin Garado. Martires wants the PS-DBM abolished for, according to him, corrupt practices. The PS-DBM was created during the time of President Ferdinand Marcos Sr. to solve the problem of supplies but this was abused, Martires noted. Now do not mistake an audit observation memorandum for an annual audit report. An AOM contains observations that auditors want a particular government agency to explain, justify and substantiate with documents within 60 to 90 days. Hence, it is preliminary and tentative finding that may be explained in the course of an audit. It is when the AOM is not satisfactorily explained or justified that the Commission on Audit considers it a finding and it would be put in the annual audit report, which is published and posted on the CoA website that is accessible to the public. Martires made his unsolicited suggestion not to publish AOMs during a House hearing on his office’s budget, saying that it would prevent the public from prejudging those involved. A regular provision in the yearly General Appropriations Act requires government agencies and state corporations to submit audited financial statements, annual audit reports and reports on the utilization of their funds to the Department of Budget and Management and Congress or to post these on their websites. The AOM came to public and global prominence when a compilation of audit observation memoranda, including the findings on the P67-billion DoH funds for Covid-19, was released as the annual audit report on the accounts and financial operations of the Department of Health for calendar year ending 31 December 2020. This drew an immediate public statement from former CoA commissioner Heidi Mendoza — from her exalted post as Deputy Secretary General of the United Nations for Internal Control Oversight — saying that the CoA audit report had gone through the formal process of review and approval. This was reported by local media on 18 August 2021. The report, “Heidi Mendoza: Release of CoA findings on P67-billion DoH funds not premature,” brought her to global prominence, showing indeed that she was a “glorified incompetent.” The assertion globally by Mendoza that the release of AOMs as audit reports was not premature did not sit well with the rank and file of the CoA. Retired and senior auditors of the commission opined that the sudden emergence of Heidi Mendoza, Grace Pulido Tan and Michael Aguinaldo, who refused to obey the president, and Senators Risa Hontiveros, Franklin Drilon, Richard Gordon and Kiko Pangilinan who were the discordant choral voices against the government was part of a grand conspiracy to embarrass President Duterte before the president of the United States and the whole world and to destabilize his administration. There are many other valid reasons why AOMs should not be published. (To be continued) The post Ombudsman vindicates appeared first on Daily Tribune......»»
Savoy dynasty daily life on display with Geneva auction
Porcelain figurines, a white faux-leather sofa and a foosball table: these are among the items in a House of Savoy auction, providing a rare glimpse into the everyday life of royals. More than 200 objects are going under the hammer this week, drawn from the former Geneva home of Vittorio Emanuele of Savoy -- the son of the last king of Italy, Umberto II -- and his wife Marina. Royal aficionados may be interested in a delicate 18th century tea cup, a modernist game of chess, or two motorcycles owned by the couple's 51-year-old son, Emanuele Filiberto of Savoy. A portion of the lots are being sold off online until September 18, while others will feature in an in-person auction two days later hosted by the Geneve Encheres auction house. In all, the objects being sold by the couple are expected to fetch between 100,000 and 150,000 Swiss francs ($112,000-$168,000). But Cyril Duval, a partner at Geneve Encheres, told AFP the value estimates were not really important, since the collection was more about "falling in love". This auction, he said, "makes it possible for collectors to obtain certain objects they may have dreamt about after seeing them in magazines or on the screen". The collection comprises of historical memorabilia and some household items from the villa the Savoy family had built in the 1970s in Vesenaz, on the outskirts of Geneva. Vittorio Emanuele is the 86-year-old head of the House of Savoy, whose family was forced to leave Italy after the monarchy was abolished in 1946. 'Rock and roll' Among the items for sale is "a 19th century dinner set used during a ball hosted by Queen Victoria in London City Hall", Duval said. There are also objects linked to the Savoy family heritage, including engraved silver coat of arms and porcelain figurines, but also bronze statuettes recalling the modernist interior style of the Geneva villa. The collection also includes items that are "much more pop", Duval said. He highlighted one of the two motorcycles, a 1941 Indian Sport Scout, with an asking price of 15,000-20,000 Swiss francs ($16,800-$22,400). "It belonged to crown prince Emanuele Filiberto, a 20th century rock and roll prince with tattooed arms," he said. The grandson of Italy's last king, who is married to French actress Clotilde Courau, enjoyed riding his motorcycles with Johnny Hallyday, the late French rock legend, he added. Duval explained that the auction was taking place after "the prince and princess left and sold" the Geneva villa this year, opting to stay in their residence in the luxury Swiss ski resort town of Gstaad instead. Vittorio Emanuele was born in Naples in 1937, less than a decade before the monarchy ended and his family was forced to leave Italy. He and other male heirs of the Savoy family were sent into exile because his grandfather Vittorio Emmanuele III had collaborated with the fascist regime of Benito Mussolini on anti-Jewish laws during World War II. Vittorio Emmanuele III abdicated in May 1946 after 46 years on the throne, and his son Umberto II succeeded him, but only for a month before a June referendum abolished the monarchy. The Italian parliament only ended a constitutional ban on the House of Savoy's male heirs returning to Italy in 2002, after Vittorio Emanuele and Emanuele Filiberto swore loyalty to the republic, but they have continued living mainly in Switzerland. The post Savoy dynasty daily life on display with Geneva auction appeared first on Daily Tribune......»»
OP budget breezes through House
Owing to a “parliamentary courtesy,” President Ferdinand Marcos Jr.’s P10.70 billion proposed budget for his office for 2024 swept through the House committee on appropriations on Tuesday in less than 40 minutes. Tensions flared, however, when members of the Makabayan bloc tried — but failed — to oppose the termination of the deliberations without scrutinizing the OP’s budget. “The highest form of courtesy in this country should be extended to the Filipino people, that the people have the right to know how the public funds are spent, and that should prevail at all times,” Kabataan Rep. Raoul Manuel said in his manifestation. ACT Teachers Partylist Rep. France Castro first objected to Abra Rep. Ching Bernos’ motion to terminate the hearing but later withdrew, prompting Manuel to intervene to make their manifestation first before ending the budget deliberations. “I don’t believe that it’s proper for us to terminate the deliberations without the manifestations becoming part of the records of the House. We should give the members their right and the time to pursue their objections. We can’t rush it again, Madam Chair. Again, the budget that is being discussed here is the Office of the President,” Manuel said. Presiding chairperson Marikina Rep. Stella Quimbo, however, carried Bernos’ motion and terminated the hearing before allowing the members of the Makabayan bloc to raise their concerns in a two-minute manifestation. “At the point that the objection was withdrawn, then automatically the motion to terminate the budget briefing was carried,” Quimbo said. The three-member Makabayan bloc, namely, Manuel, Castro and Gabriela Partylist Rep. Arlene Brosas, mainly argued why the OP approved the P1.25-million confidential funds of Vice President Sara Duterte notwithstanding that it was excluded under the General Appropriations Act in 2022. Excessive travel expenses They also questioned the “excessive” travel expenses of the OP worth P1.15 billion and its P4.5-billion confidential and intelligence funds. “Regarding the confidential and intelligence funds, for the record, there are many of our compatriots do not agree with this, given the record high confidential funds of the Office of the Vice President. But if we compare the OP’s CIF, it is significantly larger (than the OVP),” Manuel stressed. Manuel said the confidential funds under the OP are P2.25 billion, while the intelligence funds are P2.31 billion. In total, he said, the CIF constitutes 43 percent of the OP’s proposed budget. Echoing Manuel, Castro, meanwhile, argued that instead of giving the OP a “courtesy” and “respect,” members of Congress must not allow secrecy and silence to prevail when the concerns of the Filipino people are too loud and echoing. “Why are there billions in secret funds when the urgent needs for aid, free education and medical services, affordable housing, and so on are piling up?” Castro said. The teacher solon also quizzed the OP if their P4.56 billion CIF would lower the price of rice, other food in the market, electricity, water, and basic commodities. According to Castro, the OP must not go with the CIF trend, which first ballooned during the Duterte administration, as it goes against the Constitution and deprives the Filipinos of transparency and full public disclosure. “This trend must not continue. This is against the policies of transparency and full public disclosure especially in matters related to public money, the government’s obligation to fight graft, corruption, plunder, and other hocus pocus on the public’s wealth, and other mandates of the Constitution,” she said. Black budget We believe that the refusal of the OP, as well as the OVP, to undergo public deliberations regarding their budget especially their confidential and intelligence funds is just one of the increasing reasons why instead of approving their ‘black budgets,’ they should even be abolished.” The post OP budget breezes through House appeared first on Daily Tribune......»»
OP budget sails through House, Makabayan tries to oppose termination of deliberations
Owing to a "parliamentary courtesy," President Ferdinand Marcos Jr.'s P10.70 billion proposed budget for his office for 2024 swept through the House Committee on Appropriations on Tuesday in less than 40 minutes. Tensions flared, however, when members of the Makabayan bloc tried--but failed—to oppose the termination of the deliberations without scrutinizing the OP's budget. "The highest form of courtesy in this country should be extended to the Filipino people, that the people have the right to know how the public funds are spent, and that should prevail at all times," Kabataan Rep. Raoul Manuel said in his manifestation. ACT Teachers Partylist Rep. France Castro first objected to Abra Rep. Ching Bernos' motion to terminate the hearing but later withdrew, prompting Manuel to intervene to make their manifestation first before ending the budget deliberations. "I don't believe that it's proper for us to terminate the deliberations without the manifestations becoming part of the records of the House. We should give the members their right and the time to pursue their objections. We can't rush it again, Madam Chair. Again, the budget that is being discussed here is the Office of the President," Manuel said. Presiding chairperson Marikina Rep. Stella Quimbo, however, carried Bernos’ motion and terminated the hearing before allowing the members of the Makabayan bloc to raise their concerns in a two-minute manifestation. “At the point that the objection was withdrawn, then automatically the motion to terminate the budget briefing was carried,” Quimbo said. The three-member Makabayan bloc, namely, Manuel, Castro and Gabriela Partylist Rep. Arlene Brosas, mainly argued why the OP approved the P1.25 million confidential funds of Vice President Sara Duterte notwithstanding that it was excluded under the General Appropriations Act in 2022. They also questioned the “excessive” travel expenses of the OP worth P1.15 billion and its P4.5-billion confidential and intelligence funds. “Regarding the confidential and intelligence funds, for the record, there are many of our compatriots who do not agree with this, given the record high confidential funds of the Office of the Vice President. But if we compare the OP's CIF, it is significantly larger [than the OVP],” Manuel stressed. Manuel said the confidential funds under the OP are P2.25 billion, while the intelligence funds are P2.31 billion. In total, he said, the CIF constitutes 43 percent of the OP's proposed budget. Echoing Manuel, Castro, meanwhile, argued that instead of giving the OP “courtesy” and “respect,” members of Congress must not allow secrecy and silence to prevail when the concerns of the Filipino people are too loud and echoing. “Why are there billions in secret funds when the urgent needs for aid, free education and medical services, affordable housing, and so on are piling up? Castro said. The teacher solon also quizzed the OP if their P4.56 billion CIF would lower the price of rice, other food in the market, electricity, water, and basic commodities. According to Castro, the OP must not go with the CIF trend, which first ballooned during the Duterte administration, as it goes against the Constitution and deprives Filipinos of transparency and full public disclosure. “This trend must not continue. This is against the policies of transparency and full public disclosure especially in matters related to public money, the government's obligation to fight graft, corruption, plunder, and other hocus pocus on the public's wealth, and other mandates of the Constitution,” she said. “ "We believe that the refusal of the OP, as well as the OVP, to undergo public deliberations regarding their budget especially their confidential and intelligence funds is just one of the increasing reasons why instead of approving their ‘black budgets,’ they should even be abolished.” In a similar vein, Brosas voiced concern that Mr. Marcos may have a hand in the unprogrammed funds and even the special purpose funds, given that the P4.5 billion confidential and intelligence funds are only part of the more than P1 trillion funds that the President will control next year. "The numbers are overwhelming, but at the end of the day, the Filipino people are making ends meet while Marcos Jr. has more than P1 trillion under his control," Brosas said. Panel chairperson, Ako Bicol Partylist Rep. Elizaldy Co, prior to the manifestation of the Makabayan bloc members, stressed the importance of the role of the OP, saying it “bears the immense duty of upholding the rule of law, ensuring justice, and preserving the unity and welfare of our nation.” “The presidency is not merely a symbolic figurehead or a ceremonial role; rather, it is the epicenter of governance, the fulcrum upon which the entire nation pivots. It is a position laden with responsibilities, obligations, and the immense weight of leadership,” Co said. The post OP budget sails through House, Makabayan tries to oppose termination of deliberations appeared first on Daily Tribune......»»
‘Free’ by any other name
Malaysia’s history is said to have started from the Sultanate of Malacca around 1400 AD. At the time of its glory, the sultanate territories covered most of the east coast of peninsular Malaysia and Sumatra. Malacca emerged as a glorious government because of its strategic location: the meeting point between East Asia and the Middle East. This situation allowed Malacca to emerge as a major trading center for spice trade, especially in Southeast Asia. Islam was the main religion that emerged and became the main religion of the residents because the ruler himself had professed it. In 1511, Malacca fell into the hands of the Portuguese — the beginning of the colonial era in Malaya. Malaya then fell into the hands of the Dutch in 1641 and British in 1824. The British had integrated all the Malayan administration, previously managed by the Malay rulers with the help of state dignitaries. The British intervention had aroused dissatisfaction among the local population. Some individuals rose against their conquerors, a resistance easily defeated by the British. Among the heroes that went against the colonialists were Dol Said, Tok Janggut, Datuk Bahaman, Rentap, Dato Maharajalela, Rosli Dobi. During the 1920s and 1930s, many residents of Malaya had started to receive education, either from the Middle East or local education. The educated group had appeared to fight in the name of nationalism through media to spread their ideology. Some formed associations, such as the Kesatuan Melayu Muda and Kesatuan Melayu Singapura to drive away the invaders and form their own government. When the people were so eager to end the invasion, they were jolted by the Japanese landing at the end of 1941, which brought Malaya to another colonial era. Japan had occupied Malaya until 1945. Japanese resignation has given space to the Communist Party of Malaya to control the country. PKM waged violence, murdering three European rubber farm managers in Sungai Siput, Perak. Thus, in June 1948, Sir Edward Gent, the first appointed governor of the Malayan Gent concurrent with the formation of the Malayan Union, declared emergency over Malaya. PKM did not succeed to take over Malaya. The Malays resisted the establishment of the Malayan Union in 1946 as it abolished the royal institutions and several Malay privileges. The emergence of Tunku Abdul Rahman had given a silver lining to the struggle of the Malayan nationalists when he formed the Alliance Party, which opened the eyes of the British to allow the Malayans to govern their own country. The unity between the three major ethnic groups namely Malays, Chinese and Indians led to the London Agreement that was signed on 8 February 1956 and had given signs that Malaya will achieve independence in August 1957. Upon returning from London, Tunku Abdul Rahman Al-haj made a declaration of independence of Malaya in Melaka in February 1956. In May 1961, Tunku Abdul Rahman Putra Alhaj suggested the merger of five colonies namely the Malaya, Singapore, Sabah, Sarawak and Brunei to form a new country. On 3 July 1963, representatives of the British government, Malaya, Sabah, Sarawak and Singapore (except Brunei) were unanimous that the matter cannot be avoided. The Federation of Malaya Agreement was signed by the representatives of the British government, the Federation of Malaya, Sabah, Sarawak and Singapore to form Malaysia on the 31st of August. The desire to form a state called Malaysia is achieved on 16 September 1963. The post ‘Free’ by any other name appeared first on Daily Tribune......»»
Pork’s different strokes
Efforts have begun in the House of Representatives to raise the Motor Vehicle Road Users Charge or the Road Users Tax after President Ferdinand “Bongbong” Marcos Jr. identified the levy as a main source of precious funds. The eagerness of the members of the House to comply with the proposal to hike the tax makes people wary. Proceeds from the tax are the favorite source of legislative pork. Albay Rep. Joey Salceda’s bill indicates the MVUC which ranges from P120 to P4,000 will be raised to between P2,080 and P10,400 for cars, depending on their gross weight. Under the proposal, the MVUC will be increased by a fixed rate yearly until 2025, and by 5 percent from 2026 onwards. Salceda is looking at collecting P151 billion more in revenue from 2024 to 2027 through the higher MVUC. The higher collections should be earmarked for road improvements which is under the Department of Public Works and Highways after President Rodrigo Duterte signed a law abolishing the graft-tainted Road Board. The disposition of the MVUC sparked the feud between House members and the Department of Budget and Management during the initial years of the Duterte term after then Budget Secretary Ben Diokno refused to release the MUVC proceeds until the Road Board was dissolved. Moreover, the late former President Benigno “Noynoy” Aquino III exploited the RUT funds using them as leverage to get House members to impeach former Ombudsman Merceditas Gutierrez and to obtain the legislators’ approval for his political agenda, such as a measure seeking to postpone the Autonomous Region of Muslim Mindanao election to allow Noynoy to place his appointees in the Muslim region. The Road Board had an unusual collection setup that practically freed its state audit, making it a perfect “cash cow” as termed by some senators. Gutierrez was impeached overwhelmingly in the House after Noynoy first dangled the pork barrel, saying through his House allies that those who would vote against the impeachment would not receive their pork barrel while those who signed the measure would get a P20-million bonus taken from the Road Board.Later, Gutierrez, knowing that she was in a losing situation, resigned from her post despite her having a guaranteed term. She was replaced by Noynoy’s favorite associate justice, Conchita Carpio-Morales, who carried out the yellow brand of selective justice. Gutierrez had displeased Noynoy when she dismissed the case against former President Gloria Macapagal-Arroyo in connection with the P729-million fertilizer fund scam. Former Chief Justice Renato Corona Jr. was also ousted through impeachment and the leverage used, in turn, were the DAP funds. It was ironic that Noynoy’s allies vowed to abolish the Road Board, which under the law that created it, had full discretion on its use. Its disposition was beyond the scope of the Commission on Audit since the RUT was not part of the budget. Former Sen. Franklin Drilon, for instance, said the body would be abolished by the Senate despite the House allies of former President Arroyo’s withdrawal and eventual rescinding of the bill that sought to terminate the anomalous 2001 creation. Congressmen turned the RUT proceeds into a source of fast money through collusion with Road Board officials. Since the DPWH is now the custodian of the funds, attention must also be directed at the agency in the proper disposition of the MUVC proceeds. Increasing the audit-free funds plus the recently discovered P215 billion in insertions in the budget through the generic flood mitigation projects exposed maneuvers to pilfer public funds. The post Pork’s different strokes appeared first on Daily Tribune......»»
UK royalty apologizes over Guyana slavery
The lineal descendants of former British Prime Minister William Gladstone on Saturday expressed regret for their family’s history of slavery in Guyana and urged the UK to consider reparations for the region. One of the biggest slave owners in the Caribbean regions that Britain colonized was Gladstone’s father. After slavery was abolished in 1834, John Gladstone is also thought to have owned two ships that carried hundreds of Asians from India and other countries to work as indentured servants. At the opening of the International Center for the Study of Migration and Diaspora at the University of Guyana, Charles Gladstone, William’s great-great grandson, remarked: “Slavery was a crime against humanity and its damaging impact continues to be felt across the world today.” “We accept the role our ancestors played in this atrocity with great sorrow and regret, and we sincerely apologize to the families of the enslaved in Guyana,” he added. “We also implore other descendants of individuals who benefited from slavery to start discussions about the wrongdoings of their ancestors and what they may do to create a better future.” The Gladstones expressed regret for their part in indentureship as well. But numerous Guyanese descendants of African slaves present in the university lecture hall strongly rebuked him for his remarks. One of them yelled, “It is not acceptable.” “Your guilt is real Charlie,” the protesters said while waving placards. “The Gladstones are murderers,” and “Move swiftly to reparations now.” Afro-Guyanese activist Nicole Cole, who participated in the demonstration, deemed the apology inadequate. She told AFP that while “no apology can suffice,” it is a beginning in the right direction toward admitting that a crime was committed and that people’s lives had been disturbed. Charles Gladstone and five other family members promised to assist the new university department’s efforts and urged the UK to initiate reparations negotiations with the 15-nation Caribbean Community, or CARICOM. CARICOM is requesting a development program for their member states’ indigenous communities as well as funding for cultural institutions like slavery museums, in addition to a “sincere formal apology,” the right of repatriation for descendants of “stolen people,” and debt cancellation to clean up the “colonial mess.” According to analysis, the British are owed more than $1.2 trillion by the descendants of Africans in Guyana, said Eric Phillips, a member of the CARICOM Reparations Commission. Although he was unable to comment on the precise dollar amount, Charles Gladstone told AFP that governments in Europe and the United Kingdom might be “frightened of the amount.” With AFP The post UK royalty apologizes over Guyana slavery appeared first on Daily Tribune......»»
Ex-TRC exec gets 28 years over pork scam
The Sandiganbayan has sentenced a former official of the abolished state firm Technology Resource Center to 28 years in prison for misusing the pork barrel funds of a former lawmaker of Compostela Valley from 2007 to 2013......»»
Redundancy dismissal
Dear Atty. Joji, My husband’s company recently merged with its sister company. He was one of those selected to be transferred and relocated to another province. Since he does not want to be far away from us, he declined and refused the offer. Thereafter, he received a notice informing him of his dismissal due to redundancy. Was he validly dismissed? Joan *** Dear Joan, The Supreme Court stated that in termination cases, the employer bears the burden of proving that the employee’s dismissal was for a valid and authorized cause. Consequently, an employer’s failure to prove that the dismissal was valid renders the dismissal illegal. In the case of Teletech Customer Care Management Philippines, Inc. v. Gerona Jr., G.R. 219166, 10 November 10 2021, the Supreme Court reiterated established principles by stating that redundancy exists when an employee’s services are in excess of what is reasonably demanded by the actual requirements of the business. To successfully invoke a valid dismissal due to redundancy, the company must provide substantial proof that the services of the employees are in excess of what is required of the company. In the case of 3M PHILIPPINES, INC vs Yuseco, G.R. 248941, 9 November 2020, the Supreme Court reiterated: “Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as overhiring of workers, decrease in volume of business, or dropping a particular product line or service activity previously manufactured or undertaken by the enterprise.” A valid redundancy program must comply with the following requisites: (a) written notice served on both the employees and the DoLE at least one (1) month prior to the intended date of termination of employment; (b) payment of separation pay equivalent to at least one (1) month pay for every year of service; (c) good faith in abolishing the redundant positions; and (d) fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished, taking into consideration such factors as (i) preferred status; (ii) efficiency; and (iii) seniority, among others. From the foregoing, the validity of your husband’s dismissal would rely on the circumstances surrounding the case. It is the employer’s burden to prove its validity and it must be noted that an employer can validly dismiss an employee from the service due to redundancy if it is proven that such employee’s position has already become in excess of what the employer’s enterprise requires. Hope this helps. Atty. Joji Alonso The post Redundancy dismissal appeared first on Daily Tribune......»»
Asset sale of abolished state firms to raise P22 billion
The government expects to generate some P22 billion from the sale of assets of abolished state firms that could fund some of the administration’s projects......»»
Dismissal in disguise
Constructive dismissal has been defined as a dismissal in disguise, or an act amounting to dismissal but is made to appear as if it was not. More specifically, it is when an employee quits work because continued employment is rendered impossible, unreasonable, or unlikely, or when there is a demotion in rank or a diminution in pay and other benefits. (Dimagan v. Dackworks United, Inc., G.R. 191053, 28 November 2011). The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his or her employment under the circumstances (St. Paul College, Pasig v. Mancol, G.R. No. 222317, 24 January 2018). Here are some examples of acts that constitute constructive dismissal: In one case, an employee who was hired as a bookkeeper in a company engaged in the real estate business was held to be constructively dismissed when she was deprived of office space, was not given further work assignments, and was not paid her salaries until she was left with no choice but to stop reporting for work (Tan Brothers Corp. of Basilan City v. Escudero, G.R. 188711, 3 July 2013). In another case, an employee who was hired as a waiter in a hotel company was held to be constructively dismissed when his regular work days were reduced from five days to two days. The change in his work schedule thus resulted in the diminution of his take-home salary. The fact that he may have continued to report for work does not rule out constructive dismissal, nor does it operate as a waiver. (Regala v. Manila Hotel Corp., G.R. 204684, 5 October 2020). The Supreme Court explained that “constructive dismissal occurs not when the employee ceases to report for work, but when the unwarranted acts of the employer are committed to the end that the employee’s continued employment shall become so intolerable. In these difficult times, an employee may be left with no choice but to continue with his employment despite abuses committed against him by the employer, and even during the pendency of a labor dispute between them.” (The Orchard Golf and Country Club v. Francisco, G.R. 178125, 18 March 2013). In another case, a managerial employee was instructed to perform functions that were below her position. When she assigned another person to do the said functions and suggested a different procedure to her boss, the latter reacted negatively and told her she was stupid and incompetent. She was also asked to resign on more than one occasion but was later told to stay. After she was assured that she could keep her job, she was treated indifferently by the management. The Supreme Court held that acts of disdain and hostile behavior such as demotion, uttering insulting words, asking for resignation, and apathetic conduct towards an employee are tantamount to constructive dismissal. (Bayview Management Consultants Inc. v. Pre, G.R. 220170, 19 August 2020). In another instance, an employee became the subject of constructive dismissal in the guise of a transfer. She was initially promoted to the position of Chief Operating Officer in one of the employer’s branches. However, two months after her promotion, she was appointed instead as Compliance Manager, and her position of COO was declared abolished when the management decided to undertake an “organizational restructuring.” It appears, however, that the said position was actually never abolished as another employee was appointed to take her place. The appointment was even publicly announced via an official communication disseminated company-wide. The Supreme Court held that when another employee is soon after appointed to a position that the employer claims to have been abolished, while the employee who had to vacate the same is transferred against her will to a position that does not exist in the corporate structure, there is evidently a case of illegal constructive dismissal. (Ico v. Systems Technology Institute, Inc., G.R. 185100, 9 July 2014). An employee who is constructively dismissed is entitled to two reliefs, namely, back wages and reinstatement. However, where reinstatement is no longer feasible, the employee shall be granted separation pay in lieu of reinstatement (Cornworld Breeding Systems Corp. v. Court of Appeals, G.R. 204075, 17 August 2022). For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Dismissal in disguise appeared first on Daily Tribune......»»
Retirement (2)
Last week, I wrote an article discussing basic pointers on retirement law. For this second part, I would like to expound on a couple of interesting Supreme Court cases relevant to retirement. Goodyear Philippines Inc. v. Marina Angus (G.R. No. 185449, 12 November 2014) Goodyear employed Marina in 1966 as a secretary to the manager of Quality and Technology. Later, Goodyear implemented cost-saving measures which included the streamlining of its workforce. Thus, in September 2001, Marina received a letter informing her that her position as a secretary was considered redundant and was going to be abolished, and she would be terminated effective 18 October 2021. She was also informed that as per company practice, termination due to redundancy or retrenchment was paid at 45 days’ pay per year of service, and since Marina had rendered 34.92 years of service, management decided to grant her an early retirement benefit at 47 days’ pay per year of service. While Marina accepted the early retirement benefit, she did not agree to its terms but claimed a premium of an additional 3 days for every year of service, or a total of 50 days. Marina accepted “under protest” the checks covering her retirement benefit computed at 47 days per year of service and other company benefits. Also, she separately claimed separation pay since her service was terminated due to redundancy. Was Marina entitled to early retirement benefits and separation pay? Yes. Marina was entitled to both early retirement benefits and separation pay due to the absence of a specific provision in the Collective Bargaining Agreement prohibiting the receipt of both. According to the SC, retirement benefits and separation pay are not mutually exclusive. Retirement benefits are “a form of reward for an employee’s loyalty and service to an employer and are earned under existing laws, CBAs, employment contracts and company policies.” Separation pay is the “amount which an employee receives at the time of his severance from employment, designed to provide the employee with the wherewithal during the period that he is looking for another employment…” Carissa Santo v. University of Cebu (G.R. No. 232522, 28 August 2019) In May 1997, the University of Cebu hired Carissa as a full-time instructor. During her employment, Carissa studied law and passed the 2009 bar examinations. Under the university’s Faculty Manual, “a permanent employee may, upon reaching his fifty-fifth (55th) birthday or after having completed at least fifteen (15) years of service, opt for an early retirement… and shall be entitled to the retirement pay equivalent to a total of fifteen (15) days for every year of service…” In April 2013, she applied for optional retirement. The university approved her application and computed her optional retirement pay at 15 days per year of service under the faculty manual. Carissa asserted that her retirement pay should have been computed at 22.5 days per year of service under Article 287 of the Labor Code. The university refused to accept her computation. Thus, she initiated a complaint for payment of retirement benefits under the law, damages, and attorney’s fees. Which retirement scheme applied to Carissa? The SC ruled that Carissa’s retirement pay should have been computed at 22.5 days per year of service (based on Article 287 of the Labor Code) which was more beneficial and advantageous to Carissa than the retirement benefits under the faculty manual (15 days per year of service). It reiterated that “while the employer is free to grant retirement benefits and impose different age or service requirements, the benefits should not be less than that provided in Article 287 of the Labor Code.” The SC disagreed with the Court of Appeal’s ruling that Article 287 of the Labor Code on retirement benefits was not applicable since it was supposedly not intended to benefit Carissa who voluntarily resigned not to rest in the twilight years of her life but to actively engage in the practice of the legal profession. The SC clarified that Carissa’s intention to practice law after retiring as a college instructor did not affect or diminish her entitlement to retirement benefits under the law. The post Retirement (2) appeared first on Daily Tribune......»»