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Rama asks Malacañang to suspend Gwen over CBRT dispute
CEBU CITY, Philippines – Preventive Suspension. Cebu City Mayor Michael Rama is seeking the suspension of Governor Gwen Garcia over issues related to the Cebu Bus Rapid Transit (CBRT). Rama filed an administrative complaint before the Office of President Ferdinand Marcos Jr. against Garcia after the governor issued a cease and desist order to the.....»»
Cebu lampposts case: SC clears DPWH execs, contractor of graft
The Supreme Court acquitted three former officials of the Department of Public Works and Highways (DPWH) and a private contractor of graft charges in relation to the installation of allegedly overpriced lampposts during the 2007 Association of Southeast Asian Nations (Asean) summit held in Cebu. In a 22-page decision promulgated on Oct. 11, 2023, but made public only.....»»
TURNING POINT: Quo Vadis Legislative Inquiries
NAAWAN, Misamis Oriental (MindaNews / 20 February) – The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with Section 21, Article VI of the 1987 Constitution. The filing or pendency of a case before any court, tribunal or quasi-judicial or administrative body […].....»»
Ronaldo Valdez case: A grieving family’s pushback vs invasion of privacy
The QCPD says five cops will face administrative charges, with dismissal from service as possible maximum penalty.....»»
Quezon City court clears Duterte in grave threat case
The Quezon City Prosecutor’s Office has dismissed the first criminal complaint filed against former president Rodrigo Duterte by ACT-Teachers party-list Rep. France Castro, for insufficient evidence......»»
SMNI files motion to inhibit NTC execs
SONSHINE Media Network International (SMNI) has taken action against three National Telecommunications Commission (NTC) officials, filing a motion on January 4 to request their inhibition from an ongoing administrative case. The motion, filed by SMNI's legal representatives Mark Tolentino and Rolex Suplico, argues that NTC officials Commissioner Ella Lopez and Deputy Commissioners Jon Salvahan and Alvin Blanco should recuse themselves due to perceived bias. Tolentino pointed out a perceived conflict of interest within the NTC, stating, On its face, the show cause order suffers from a fatal flaw. NTC is the judge, NTC is also the complainant, and NTC is likewise the executioner. This is worse than an impartial judge, which is totally abhorred in this country. He emphasized the violation of due process, highlighting the necessity for the neutrality of an impartial judge. Suplico echoed these concerns, stating, In short, we cannot expect justice from the NTC in this case. This motion comes in response to NTC's issuance of a show cause order against SMNI in December 2023, which alleged franchise violations and resulted in a 30-day suspension. SMNI's legal counsel argued that the dual role of the NTC officials violates due process, stating, In the instant case… appearance of impartiality can never be obtained with the dual function of this Honorable Commission, that being the judge and complainant at the same time. Suplico also questioned why the case was not directly handled by the three NTC commissioners, expressing concerns about the authority of the hearing officer in conducting the hearing. He emphasized the significance of public interest in the case and raised doubts about the hearing officer's jurisdiction. The case has been submitted for resolution, with a decision expected soon. SMNI's lawyers have requested an extension until January 20 to file a responsive pleading. In a related development, Davao City-based legislator Margarita “Migs” Ignacia B. Nograles proposed a resolution urging the NTC to suspend SMNI's operations, citing alleged franchise violations and the dissemination of false information as grounds for suspension. Former president Rodrigo Duterte also criticized the suspension of two SMNI programs by the Movie and Television Review and Classification Board (MTRCB), calling it a violation of his right to free expression. This motion by SMNI reflects the ongoing legal and regulatory challenges it faces, with implications for freedom of expression and due process. The resolution proposed by Nograles adds another layer of complexity to the situation, indicating the broader impact of these developments on media operations and regulatory oversight......»»
Ombudsman clears Tomas over Kamagayan v-hire terminal case
Ombudsman clears Tomas over Kamagayan v-hire terminal case.....»»
Preventive suspension
Dear Atty. Joji, Our Manager was charged with policy violations and fraud. Pending administrative investigation, he was placed under preventive suspension without pay for a period of 30 days. Later, it was discovered that he approved payments for work not done and involved unaccredited third parties, as such it is recommended by the management that his preventive extension be extended. May an extension of the period of preventive suspension be imposed for a separate or distinct offense upon an employee? Anthony *** Dear Anthony, Yes, a subsequent preventive suspension may be imposed for a separate or distinct offense upon an employee. Whilethe provisions regarding preventive suspensions found in Sections 9 of Rule XXIII, Book V of the Omnibus Rules, asamended by Department Order No. 9, Series of 1997, limits the period of preventive suspension to 30 days, such timeframe pertains only to one offense by the employee. In the case of Smart Communications Inc. v. Solidum,G.R. No. 19776; 7 December 2015, the Supreme Court ruled that: “The respondent was validly placed under second preventive suspension for the reason that pending investigation of separate and distinct set of offenses committed by therespondent, as contained in the second Notice to Explain, his continued presence in the company premises duringthe investigation poses serious and imminent threat to the life or property of the employer and co-workers. The Courtfurther ruled that these newly discovered transgressions would, thus, require an additional period to investigate.”By a preventive suspension, an employer protects itself from further harm or losses because of the erring employee.This concept was explained by the Court in Gatbonton v. National Labor Relations Commission: An employee may be placed under preventive suspension, when: The evidence of guilt is strong, and the employer or head of establishment is convinced that the continued stay of the employee during the period of investigation constitutes a distraction to the normal operations of the company; and His continued employment poses a serious and imminent threat to life or property of the employer or his co-workers As such, for an offense, the preventive suspension cannot go beyond 30 days. However, if the employee is charged with another offense, then the employer is entitled to impose a preventive suspension not to exceed 30 days specifically for the new infraction. Indeed, a fresh preventive suspension can be imposed for a separate or distinct offense. Thus, an employer is well within its rights to preventively suspend an employee for other wrongdoings that may be later discovered while the first investigation is ongoing. Hope this helps. Atty. Joji Alonso The post Preventive suspension appeared first on Daily Tribune......»»
Observe ‘cyber hygiene,’ judicial personnel urged
The Supreme Court has directed all judiciary officials and personnel to strengthen the courts’ cybersecurity measures to protect sensitive data and minimize the risk of cyber threats. Acting Chief Justice Marvic M.V.F. Leonen issued the directive as Chief Justice Alexander G. Gesmundo is on official travel abroad, citing the recent data breach involving the Philippine Health Insurance Corporation or PhilHealth. In Administrative Order 150-2023 on “Proper Cyber Hygiene in Judiciary,” the SC said, “One of the most common ways of ransomware attacks is done through phishing emails, which usually contain malicious links or attachments.” The SC warned, “Do not open these links or attachments unless they have been verified to be legitimate.” Court officials and employees were advised to examine carefully the sender’s email address to avoid being victimized. “Phishers often use email addresses that look similar to ones used by legitimate organizations but may have small misspellings or inconsistencies. Always take a close look at the sender’s display name when checking the legitimacy of an email,” the SC said. Court officials and personnel were also instructed to protect personal information and double-check email attachments by scanning the same for viruses. On password security, the SC suggested that “under no circumstances should judiciary personnel use personal information and dictionary words in creating passwords.” Judiciary officials and employees were also urged to use a longer password containing numbers, symbols, and both uppercase and lowercase letters; to avoid the same password for multiple accounts; to consider passphrases or a sequence of random words instead of passwords; to use a password manager; and to enable a multifactor authentication system in their accounts. They were advised never to share their passwords with others, even those who claim to be from trusted institutions, and to ensure that any written passwords are stored securely. In protecting important files and ensuring their recovery in case of data loss, the guidelines recommend that court officials and personnel follow the “3-2-1 backup rule” to ensure data redundancy and availability in case of hardware failure, data corruption, or other catastrophes. The rule requires users to keep three copies of their data on two different media types, with one copy stored offsite. The post Observe ‘cyber hygiene,’ judicial personnel urged appeared first on Daily Tribune......»»
Taxpayer’s right to present supporting documents
Imagine being in an examination. The instructions are clear: “You have two hours to complete the exam.” At the end of the first hour, you were surprised. The bell rang, and everyone was asked to submit their paper. This is analogous to the case of Commissioner of Internal Revenue v. Maxicare Healthcare Corporation (G.R. 261065, 10 July 2023). In the beginning, there was nothing outside the ordinary. A Letter of Authority was issued. A tax audit ensued, leading to the issuance of a Preliminary Assessment Notice or PAN. Maxicare filed a response to the PAN. The Bureau of Internal Revenue issued a Formal Letter of Demand and Final Assessment Notice. Maxicare filed a protest against the FLD/FAN requesting a reinvestigation. Maxicare made it explicit that it will submit the pertinent supporting documents and additional explanations within 60 days from the date of filing the protest. However, the BIR issued the Final Decision on Disputed Assessment after the lapse of only 30 days. The Supreme Court declared the assessment against the taxpayer null and void for the manifest violation of the taxpayer’s right to due process. The Court took the opportunity to definitely settle that the reckoning point of the 60-day period for the submission of relevant supporting documents is from the filing of the administrative protest to the FLD/FAN, when such protest constitutes a request for reinvestigation and not from the response or reply to the PAN. The Court clarified that the pronouncement in the Minute Resolution in Commissioner of Internal Revenue v. Roca Security and Investigation Agency (G.R. 241338, 10 April 2019) wherein the 60-day period was reckoned from the filing of the response to the PAN was a glaring error. By failing to observe the statutory period, the taxpayer was denied the opportunity to present evidence, tantamount to denial of a genuine opportunity to be heard. The Court then dissected Section 228 of the Tax Code and Revenue Regulations No. 12-99, as amended. It emphasized the following points: The “pre-assessment notice” mentioned in Section 228 of the Tax Code corresponds to the PAN. The taxpayer shall be required to respond within a period of 15 days from receipt of the PAN; and Section 228 of the Tax Code explicitly sets the period for an “administrative protest of the assessment” at 30 days, which refers specifically to an FLD/FAN protest. This protest may take the form of either a request for consideration or reinvestigation. The Court strongly noted that it is the request for reinvestigation that carries the 60-day period to submit relevant supporting documents. Such an option was not provided with regard to the response to the PAN. Hence, there could be no other conclusion that the 60-day period to submit relevant supporting documents applies to and should be reckoned from filing the protest against the FLD/FAN. The Supreme Court brushed aside the BIR’s plea to apply leniency to the rules of procedure in the name of substantial justice. The Supreme Court reminded the tax authorities, in no uncertain terms, of the clear necessity for the strict observance of procedural rules to safeguard the due process rights of the concerned parties. This is a necessary check against the exercise of the government’s expansive power of taxation. *** 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 Taxpayer’s right to present supporting documents appeared first on Daily Tribune......»»
Saavedra to appeal dismissal of cases vs Tomas, ex-city officials over Kawit Island deal
CEBU CITY, Philippines – Businessman and whistleblower Crisologo Saavedra is not yet giving up on the criminal and administrative complaints that he filed against former Cebu City Mayor Tomas Osmena and his City Council on the controversial P18 billion Kawit Island deal. Saavedra said he will be filing a petition to ask the Office of the Ombudsman-Visayas to reconsider its earlier decision to dismiss the criminal and administrative complaint that he filed. “I’ll file an MR (motion for reconsideration),” said Saavedra in an interview with CDN Digital. In 2018, Saavedra filed criminal and administrative complaints over the controversial P18 billion Kawit Island deal. The project paved the way for Gokongwei-owned Universal Hotel and Resorts Inc. (UHRI) to establish an integrated casino and resort in the South Road Properties (SRP). But acting Assistant Ombudsman for the Visayas Jane Aguilar, in a 21-page decision promulgated January 27, junked the criminal and administrative cases for ‘lack of substantial evidence’. A copy of the decision was furnished to the media on Oct. 20. Osmeña’s co-respondents in the case were then Councilors Margarita Osmeña, Dave Tumulak, Sisinio Andales, Alvin Arcilla, Eugenio Gabuya Jr., Gerry Guardo, Joy Augustus Young, Mary Ann delos Santos and Franklyn Ong who approved the ordinance that allowed the Gokongwei-owned company to establish an integrated casino and resort in Kawit Island, SRP and UHRI executives Frederick Go, Lance Gokongwei, James Go, Robina Gokongwei-Pe and Patrick Henry Go. Saavedra insisted that Ombudsman-Visayas should look into the technicalities of how the city government awarded the P18-billion project in 2018. He mentioned City Ordinance No. 2154 as his basis, saying that members of the private sector, when entering into joint venture agreements with the government, must meet the “technical and financial qualifications” prescribed by law. “The private participants should have technical and financial capability. I never questioned the financial capability… It is the track record of the corporation, not of the individual offices,” Saavedra added. The Camp of Osmeña has since welcomed the decision of the Ombudsman. ALSO READ: Ombudsman upgrades Saavedra complaint against Tomas Osmeña, 9 others over Kawit Island deal.....»»
DoJ seeks Antipolo prosecutors help on student’s death probe
The Department of Justice has asked the Antipolo City’s Office of the City Prosecutor to help in the investigation with law enforcers on the case of a 14-year-old boy who died days after he was allegedly slapped by his teacher. The DoJ said that the autopsy to determine the cause of death of the Grade 5 student identified as Francis Gumikib last 2 October is ongoing and being conducted by the Philippine National Police Forensic Laboratory. Earlier, the DoJ — through the Committee on the Special Protection of Children — has already directed the OCP of Antipolo City to coordinate with law enforcement agencies on the investigation and case build-up on any offenses that may have been committed in relation to the death of and/or abuse perpetuated against the student. It also declared that it “condemns any act of violence and abuse perpetuated against our children.” “Child abuse in any form is an abhorrent violation of children’s rights and a crime that should never be tolerated,” said the DoJ. “Children, especially learners, deserve a safe and nurturing environment where they can grow, learn, and thrive without fear of abuse.” Meantime, the Commission on Human Rights is conducting an independent investigation into the death of the student as it also urged the government to establish and strengthen the legislative, administrative and social measures that will secure the children’s safety. “The Commission deplores all acts which pose threats to safeguarding the rights and dignity of children,” said the CHR in a statement. With Lade jean Kabagani The post DoJ seeks Antipolo prosecutors help on student’s death probe appeared first on Daily Tribune......»»
QC police clears VP Sara in viral road closure video
The inconvenience brought to the motoring public due to stopping the traffic flow along Commonwealth westbound in Quezon City early this week is not because of Vice President Sara Duterte. Thus, said the Quezon Police Station 14 in a statement issued Thursday night after a video shared by former Bayan Muna party-list solon Teddy Casiño made the rounds on social media. The video Casiño reposted on X (formerly Twitter) early Thursday afternoon showed a portion of Commonwealth being cleared of vehicles and a policeman saying that Duterte is expected to pass by the busy road. “The said incident stemmed from a confusion and lapse in judgment of our policeman manning the traffic during that time,” the statement read. “It appears that our policeman overreacted when he stopped the traffic for a few minutes, because of misleading information he overheard. “ Records showed Duterte has no engagement in the area. She was in Mindanao on Monday for the celebration of World Teachers Day and other activities. The police personnel, identified in the statement as Sgt. Verdo Pantallano was said to have mistakenly heard the word VP; hence, he decided to clear the traffic as a sign of courtesy and security. Pantallano reportedly apologized for his misgivings. “Please forgive me. I thought it was because of a VIP (very important person),” he was quoted as saying in Filipino. Lt. Col May Genio, PS 14 station commander, said the video uploader can be heard mentioning the name of VP Sara. "I have ordered the relief of my policeman and put him under investigation to determine administrative liability for his actions. We assure the public that this incident will not happen again,” Genio said. Injurious, false Meanwhile, the Office of the Vice President said the viral video is injurious information purely grounded in falsity. The OVP, in a statement, informed the public that Vice President Sara Duterte was not involved in the traffic disruption. “The Vice President did not ask QCPD and will never ask government agencies, including law enforcement bodies, to carry out actions that would inconvenience the public or cause them harm,” the statement read. It added that Duterte “will always put the interest and welfare of the public over her own personal interest and privileges.” The OVP earlier requested the QCPD to conduct an investigation and hold all those responsible accountable for their actions, including the liability of the person who took the video and maliciously appended the traffic stop to the Vice President. The post QC police clears VP Sara in viral road closure video appeared first on Daily Tribune......»»
Use of father’s surname, the child’s decision
The misdeeds or oversights of parents cannot and should not disgrace their children. It is for this basic precept that Philippine laws have granted non-marital children (formerly called “illegitimate” children) a myriad of rights akin to — if not totally similar — those of marital children (formerly called “legitimate” children). Notably, their appellation has been changed to a more appropriate description of their parents’ civil status at the time of their birth rather than the birth’s supposed “legitimacy.” Non-marital children are now permitted to carry their father’s surname upon compliance with requirements set by law and related regulations. While Article 176 of the Family Code of the Philippines provides non-marital children’s successional rights, Republic Act 9255, which took effect in 2004, boosted these rights by allowing them to use their father’s surname if their filiation has been recognized by the latter in accordance with some preconditions. The Philippine Statistics Authority or PSA, consequently, revised the implementing rules of RA 9255 in 2016 to better effectuate the wisdom of the law, especially considering the ruling of the Supreme Court in the case of Grace M. Grande v Patricio T. Antonio (G.R. No. 206248, 18 February 2014), which states that neither the father nor the mother is granted the right to dictate the surname of their non-marital children. Instead, the law gives non-marital children the right to decide whether or not they will use their father’s surname. Just recently, PSA issued Memorandum Circular No. 2023-14, which further revised the implementing rules, providing that prevailing rules shall have retroactive effect for all births occurring within or outside the Philippines where a Filipino is concerned. The Office of the Civil Registrar General also amended the same implementing rules through Administrative Order No. 1, series of 2023, so that existing laws and regulations about the use of non-marital children of the surname of their father shall apply to those born during the effectivity of the Family Code of the Philippines or from 3 August 1988 with (a) unregistered births and (b) registered births, where non-marital children use the surname of their mother. Considering these changes, should non-marital children prefer to use the surname of their father, there must exist an express acknowledgment by the latter of the former through any of the following: (a) affidavit of admission of paternity found at the back of the child’s certificate of live birth; (b) affidavit of acknowledgment; or (c) private handwritten instrument signed by the father with his express recognition of the child as his for the rest of his life. These documents shall be filed before the local civil registry where the birth is registered or, in case of unregistered births, where the child is born. Absent the express acknowledgment from the father, the non-martial child cannot use the father’s surname. How, then, is an admission of paternity filed? The father, mother, or non-marital child of legal age may file the affidavit of admission of paternity or affidavit of acknowledgement. In the case of a private handwritten instrument, the same should be personally filed by the father. If the father is deceased, the private handwritten instrument may be filed by the non-marital child, who is of legal age, or the non-marital child’s mother. Should the local civil registry find the requirements complete and without issue after review, the non-marital child’s new surname shall be annotated on the existing certificate of live birth; it shall not be supplied on the portion intended for the last name. The above rules do not include the assignment of a middle name for a non-marital child. An additional Supplemental Report should be filed to supply the child’s middle name on the certificate of live birth. It must be remembered, however, that the non-marital children’s use of the surname of their father does not necessarily make them marital children in legal contemplation — it plainly permits them to publicly use such surname, e.g., in their identity documents like passport, school and employment records, and other documents. There is a separate process for the conversion of a child’s status from non-marital to marital called legitimation. *** 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 Use of father’s surname, the child’s decision appeared first on Daily Tribune......»»
Ex-employee questions BI chief’s appointment
The job of Immigration Commissioner Norman Garcera Tansingco may be in limbo following the revelation by a former bureau employee that Tansingco has a pending case before the Office of the Ombudsman. Based on a document obtained by DAILY TRIBUNE, Tansingco is among the respondents in a human smuggling complaint before the Office of the Ombudsman by former Bureau of Immigration Intelligence Division employee Richard de Leon Cabochan Jr. on 21 April 2015. “One of the respondents in the complaint is Atty. Norman Garcera Tansingco. Based on my records, the last pleading I filed in the case was a supplemental affidavit dated 24 June 2015. In addition, I also filed two other cases with your honorable office docketed as OMB CASE NO. IC-OC-14-1351° and OMB CASE NO. IC-0C-14-4768,” Cabochan told DAILY TRIBUNE when sought for comment. Cabochan was prompted to question Tansingco’s appointment through a letter addressed to Ombudsman Samuel Martires dated 19 September 2022, after a clearance was released by Maria Agnes L. Forteza, Graft Investigation Officer I, dated 1 September 2022. An Ombudsman clearance is a requirement for a Presidential appointee. Cabochan, in his letter, said Tansingco is not fit to be installed as BI commissioner because of his pending case before the Ombudsman. “To my displeasure, I came to know that Atty. Tansingco, a respondent in the abovementioned case, was the newly appointed commissioner of the BI. The said event had me surprised because it is my understanding that to be a confirmed appointee of a head of a government agency, one must possess a clean record or background as evidenced by various clearances issued by concerned government offices of the Republic of the Philippines,” Cabochan’s letter to Martirez read. Cabochan said Tansingco was able to fool Malacañang’s steering committee — the Presidential Management Staff — by saying that he was not involved in any criminal or administrative cases. “An investigation of the matter showed that Atty. Tansingco obtained a ‘clearance’ stating that he had no pending criminal or administrative cases with your honorable office. To reiterate, the same was issued last 1 September 2022,” Cabochan said. “I was surprised about this development, considering that it is to my knowledge that the complaint for the alleged human smuggling that I had filed is still being heard by your honorable office and has yet to be resolved, considering that I have yet to receive any document of the results of the proceedings conducted,” Cabochan letter to Martirez read. “Despite such fact, it appears from the abovementioned document that the case I had filed was already resolved without me, the complainant, being duly informed of the same,” he added. Not notified He further asked Martirez why the Ombudsman did not notify him that Tansingco was given a clearance by the Ombudsman, a clear violation of his right to the due process of law. “It is my understanding that this runs counter to the established procedures in the resolution of filed complaints in your honorable office wherein the parties should be duly informed of the results of the proceedings. I further understand that this right to be informed of the results of the proceedings is part of the due process of law as it would allow the parties to seek relief from the decision by filing the appropriate action in case they disagree with the outcome of the proceedings,” the letter said. The post Ex-employee questions BI chief’s appointment appeared first on Daily Tribune......»»
Former Iloilo solon hurdles graft charges
The Sandiganbayan announced on Friday that it has cleared former Iloilo lawmaker Niel Tupas Jr. of graft and malversation raps over the alleged anomalous utilization of his P4.8-million pork barrel funds to a non-government organization in 2008. In a 99-page ruling dated 13 September but was released only on Friday, the anti-graft court’s Special Fourth Division found Tupas not guilty of breaching Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) and Malversation through Falsification of Public Documents. His co-accused, Rhodora Mendoza and Romulo Relevo, ex-administrative and finance head, and ex-general services unit head respectively, of the now-defunct National Agri-Business Corporation or NABCOR, were also acquitted of the same charges for failure of the prosecution to prove their guilt beyond a reasonable doubt. Filed by the Ombudsman in 2018, the case stemmed from the supposed misuse of Tupas’ Priority Development Assistance Fund worth P4,850,000 in 2008, supposedly intended to fund agricultural livelihood programs for Iloilo farmers. The funds were supposed to buy hand tractors, water pumps and grafted fruit seedlings, according to the Ombudsman. Tupas was accused of funneling his pork barrel to dubious NGO Kabuhayan at Kalusugan Alay Para sa Masa Foundation Inc. by utilizing the NABCOR as an intermediary. According to the Ombudsman, Tupas “unilaterally chose” and “indorsed” KKAMFI as a project partner to implement his livelihood projects for his district, notwithstanding that the foundation was “unaccredited” and “unqualified” to undertake such. Tupas and his co-respondents were accused of acting with manifest partially and evident bad faith by giving unwarranted benefits and advantages to the KKAMFI. The probe revealed that NABCOR and KKMFI entered into a memorandum of agreement on the purported implementation of Tupas’ PDAF-funded projects. NABCOR’s Mendoza and Relevo facilitated the disbursement of P4,850,000 to the foundation. The post Former Iloilo solon hurdles graft charges appeared first on Daily Tribune......»»
Ombudsman finds Antiporda ‘guilty’ of harassment
Former National Irrigation Authority acting administrator Benny Antiporda is once again in hot water. This as the Office of the Ombudsman found Antiporda guilty of subjecting one of his NIA staff members to “harassment” and “oppression” for questioning his policies and activities. Back in November 2022, the Ombudsman also imposed a six-month preventive suspension without pay against Antiporda over an administrative complaint filed against him by several officers and employees of NIA. Saying Antiporda showed “cruelty, severity, unlawful exaction, domination, or excessive use of authority,” the Ombudsman slapped Antiporda with a one-year suspension without pay in the most recent case. According to the Ombudsman, should Antiporda be separated from the service, he should still settle a penalty equivalent to his one-year salary in NIA. The complaint against Antiporda arose from his posting a security detail, turning off the electricity in the complainant’s office, breaching the flexi-time arrangement, and implementing an office lockdown without prior notice, among others. “Government employees are supposed to be well-mannered, civil and considerate in their actuations, not only in their relations with the transacting public but also with their co-workers,” the Ombudsman said in a decision dated 11 September but released only to reporters on Monday. The post Ombudsman finds Antiporda ‘guilty’ of harassment appeared first on Daily Tribune......»»
Ombudsman finds Antiporda guilty of harassment, oppression of NIA employees
In a decision dated 11 September but released only to reporters on Monday, the Ombudsman found former National Irrigation Administration acting administrator Benny Antiporda guilty of acts of "harassment" and "oppression" toward one of his NIA staff who questioned his policies and activities, which the Ombudsman said showed "cruelty, severity, unlawful exaction, domination, or excessive use of authority." Antiporda was slapped with a one-year suspension without pay. According to the Ombudsman, should Antiporda be separated from the service, he should still settle a penalty equivalent to his one-year salary in NIA. The complaint against Antiporda arose from his questioned actions, such as posting a security detail, turning off the electricity in the complainant’s office, breaching the flexi-time arrangement, and implementing an office lockdown without prior notice, among others. "Government employees are supposed to be well-mannered, civil and considerate in their actuations, not only in their relations with the transacting public, but also with their co-workers," the Ombudsman said. "Respondent Antiporda’s acts failed to live up to the high standards required of a government employee," it added. In November 2022, the Ombudsman also imposed a six-month preventive suspension without pay on Antiporda arising from the administrative complaint filed against him by several officers and employees of NIA. Antiporda was accused of committing "grave misconduct, conduct prejudicial to the best interest of the service, harassment, oppression, and ignorance of the law," all of which were filed separately with the Ombudsman. However, in the latest decision, the Ombudsman dropped other complaints against Antiporda, such as grave misconduct and ignorance of the law, with the court ruling that his actions "do not constitute grave misconduct" and that the case lacked the necessary elements of corruption and obvious intent to violate the law. The post Ombudsman finds Antiporda guilty of harassment, oppression of NIA employees appeared first on Daily Tribune......»»
Belmonte calls for reforms in BFP-QCFD
Quezon City Mayor Joy Belmonte on Monday called on the Bureau of Fire Protection to undertake reforms in the BFP - Quezon City Fire District (QCFD). Belmonte made the call as results of the probe conducted by the city government and the Quezon City Council revealed lax inspection, backlog in the examination of businesses, and other lapses in the performance of the BFP-QCFD. "The BFP should look into how the BFP-QCFD fulfilled its mandate in the light of tragic loss of lives and properties due to recent fires in the city. Were the BFP-QCFD leadership remiss in their duties? They should hold their personnel accountable if proven guilty of inefficiency," she said. Belmonte earlier sought the relief of two officials from the BFP-QCFD following a review of the performance of the agency prompted by the tragic loss of lives caused by the fire last 31 August in Tandang Sora. An evaluation conducted by the city government of each fire incident that occurred this year showed on average, more damage, injury, and death compared to the previous year. “The capability and effectiveness of the BFP-QCFD in responding to these fires have lessened significantly. The city government recognizes that each fire has its own distinct volatile circumstances. Nonetheless, the severity of this year's incidents necessitates a call for a change in the leadership of the agency. A change is needed for the welfare of our citizens. We look forward to a better performance from the BFP," Belmonte said. The two officials were identified as BFP-QCFD fire marshall, Fire Senior Superintendent Aristotle Bañaga, and the chief of the QCFD Fire Prevention Branch, Fire Chief Inspector Dominic Salvacion. Data from the BFP revealed that from January to August 2023, there were 153 fires recorded in the city, while there were only 219 fires from January to December 2022. With a third of the year left, there have already been eight firefighters and 63 civilians injured compared to only two firefighters and 60 civilians for the entirety of last year. Moreover, there were already 24 deaths in the first eight months of this year while there were 30 from January to December 2022. There were 8,362 individuals or 2,380 families affected by the fires up to August this year, higher than the whole of last year’s record of 7,295 individuals or 2,005 families. “For this reason and to protect the people of Quezon City, I am calling upon the national leadership of the Bureau of Fire Protection to assign to us a new fire marshall for the QCFD and a new inspection head,” Belmonte added. Belmonte also called on the BFP to be more transparent in their own investigation of the Tandang Sora fire. “The BFP has failed to reciprocate the city government’s efforts to exercise transparency. They resisted our calls to be apprised of the progress of their own probe, or to our requests for coordination. We therefore ask the BFP to cooperate fully with the city government as mandated by law, to ensure full transparency and clarity in these investigations. Our people demand more, and the victims and their families deserve nothing less,” Belmonte said. Belmonte earlier ordered the City Legal Department to form a Special Panel of Investigators to probe the incident and if warranted by evidence, to file the appropriate case(s) against pertinent and surviving officers of the business establishment involved in the deadly fire in Tandang Sora. Local government personnel found to be liable after the conduct of the investigation will likewise face administrative and criminal charges. “The city government continues to thoroughly investigate the devastating fire of August 31. It has coordinated with and interviewed its departments, the barangay, the homeowners association, the relatives of the victims, and the survivors, to ascertain the circumstances that brought about this tragedy. We will leave no stone unturned, and we will not spare even our own officials and personnel,” the mayor added. The mayor assured the residents that the city government will continue to beef up the city’s fire prevention measures and efforts. On 14 September, Mayor Belmonte extended financial assistance to the families of the fire victims. Earlier, the city government helped arrange for the cremation of the remains of the victims, among others. The post Belmonte calls for reforms in BFP-QCFD appeared first on Daily Tribune......»»
De Lima lawyers sue judge in drug case
The lawyers of Leila de Lima filed an administrative complaint yesterday against a Muntinlupa judge for “belatedly” inhibiting himself from one of the drug cases against the detained former senator despite having a conflict of interest......»»