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SC upholds decision granting Napoles bail in one PDAF case
Pork barrel scam mastermind Janet Lim-Napoles and former Masbate Rep. Rizalina Seachon-Lanete have been allowed to post bail after the Supreme Court dismissed a case related to the Priority Development Assistance Fund......»»
SC acquits 2 in drug case over mishandled evidence
Two persons convicted of illegal drugs have been acquitted by the Supreme Court (SC) due to lapses in the handling of evidence against them......»»
Janet Napoles found guilty of 8 graft, malversation raps; given 64 yrs in jail
MANILA, Philippines — Janet Napoles, the alleged mastermind behind the pork barrel scam, is found guilty of eight charges of graft and malversation, the Sandiganbayan said on Friday, Oct. 20. Napoles, together with former National Agribusiness Corporation (Nabcor) officials Rhodora Mendoza, Victor Cacal, and Maria Ninez Guañizo, were also found guilty of graft and malversation charges. Napoles was proven to have violated Republic Act (RA) 3019 or Anti-graft and Practices Act. “The court finds accused Rhodora B. Mendoza, Maria Ninez P. Guanizo, Victor Roman C. Cacal, and Janet L. Napoles guilty beyond reasonable doubt of violation of Section 3(e) of RA 3019, as amended, and are hereby sentenced to suffer the indeterminate penalty of imprisonment of six years and one month, as a minimum, to 10 years, as maximum, and to suffer perpetual disqualification from holding public office,” reads the decision from the Special Second Division of the anti-graft court. Napoles and the Nabcor officials were found guilty of four counts of corruption, and four counts of malversation of public funds. Collectively, the charges translate to 64 years of imprisonment at the minimum and 82 years at most. Sandiganbayan also ordered Napoles to pay government P41 million in damages. Each malversation charge requires Napoles to pay the equivalent amount of money involved in the criminal offense. Meanwhile, former South Cotabato Representative Arthur Pingoy Jr. was acquitted of graft and malversation charges in the same court decision. RELATED STORIES Napoles cleared in one pork barrel case but convicted in another Sandiganbayan acquits Napoles in 16 graft raps over pork barrel scam ‘Janet Lim Napoles’ listed among convicts freed on good conduct.....»»
Argentina court acquits nuns of sex abuse
Two nuns and seven other female employees of an Argentine institute for deaf children were acquitted by a court Wednesday of sexual abuse and rape. The ruling, broadcast on public television, concluded a trial of two-and-a-half years in a case that has shocked the home country of Pope Francis. Two priests in charge of children at the Antonio Provolo center — Horacio Corbacho and Nicola Corradi — have been convicted and handed sentences of more than 40 years each for sexual abuse, including rape, of some 20 minors. The victims were aged four to 17 when the crimes were committed from 2004 to the closure of the institute in 2016. The institution’s gardener, Armando Gomez, has also been jailed for 18 years for sexual abuse, and a former altar boy pleaded guilty to the sexual abuse of five children. Several staff were taken into custody after allegations of abuse first surfaced in 2016, and the institute was shut down. The latest case focused on the alleged abuse of 11 of the children. In the dock were Japanese nun Kumiko Kosaka and Paraguayan Asuncion Martinez, as well as a former cook, a psychologist, a legal representative and school director, and three other employees. Kosaka stood accused of aggravated sexual abuse and covering up the crimes, and Martinez of “corruption of minors,” among other alleged offenses. A panel of three judges on Wednesday acquitted Kosaka, Martinez, and all seven others. Ariel Lizarraga, father of one of the accusers, described the outcome as “total injustice.” The post Argentina court acquits nuns of sex abuse appeared first on Daily Tribune......»»
Pasig court acquits Ressa, Rappler of final tax evasion case
Nobel laureate Maria Ressa and Rappler Holdings Corporation (RHC) have been acquitted, Sept. 12, of the remaining tax evasion charges filed against them by the previous administration. The post Pasig court acquits Ressa, Rappler of final tax evasion case appeared first on Bulatlat......»»
Teodoro gets CA nod
The Commission on Appointments on Wednesday approved the ad interim appointment of Gilberto “Gibo” Teodoro Jr. as secretary of the Department of National Defense. Prior to his confirmation, the 12-member House contingent of the powerful CA spared Teodoro from questioning as a “courtesy” to the Defense chief who previously worked as Tarlac's 1st district representative. “The 12-member House of Representatives contingent will no longer ask questions regarding the nominee being a former member of Congress for three consecutive terms in the 11th, 12th, and 13th Congress,” said Camarines Sur 2nd District Rep. LRay Villafuerte, the majority leader of the CA. Villafuerte added that the House contingent “has no doubt regarding the fitness and integrity of the nominee”. He appealed to their counterpart, the Senate to accord the same courtesy to Teodoro. From the 12-member Senate contingent, only Senator Risa Hontiveros asked questions to Teodoro. Hontiveros questioned Teodoro about his plans for the DND, now under his watch for the second time. He held the same position under the administration of then-President Gloria Macapagal Arroyo at the age of 43, the youngest ever appointee to the agency. Responding to the lawmaker’s query, Teodoro admitted that there has been a “shift in the evolution” from his first stint in the DND. He noted that he is now focusing on “straddling the balance between maintaining internal security and with an emphasis definitely given what is happening to the outside environment.” “We are strengthening our defense posture. We are gradually enhancing the capabilities of the AFP (Armed Forces of the Philippines),” he said. The Defense chief said he is also working on “leveraging” the country’s alliance with other nations to strengthen the country’s capability to protect itself from external threats. By doing so, he noted that he would try to introduce “management solutions to managerial problems, and not military solutions to managerial problems.” “That is the transformation that we are trying to make. We are also deeply restrategizing what we intend to do at least in the next five years in order not only to make the defense department more responsive to the outside and internal environments but also to make more efficient our use of resources, and to use information technology to the highest extent possible,” he added. Teodoro also underscored the importance of strengthening the country’s capability to respond to external strength and not just rely on diplomacy. “[T]he intensity of the need to focus on protecting our sovereignty, our sovereign rights, in the exclusive economic zone and other jurisdictions of the country become more paramount now, as the whole world is in a raise for resources,” he said. “We could not afford to be laidback here. We should be cognizant of it because we can and principally use diplomacy, however, if diplomacy is not backed up by a strong spinal cord, then we will just be stymied by a greater force,” he added. He made the remarks amid the increasing tension between the Philippines and China in the West Philippine Sea. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. Teodoro said the Defense Department wishes the concentrate on not only guarding the islands of the archipelago and its internal waters but also on securing “peaceful, unimpeded, and unobstructed exploitation, and exploration of our sovereign rights over the 200 nautical mile EEZ of the republic and in all areas of the Philippines, to secure our baselines.” Last June, President Ferdinand Marcos Jr. announced Teodoro’s appointment as the new DND secretary, replacing Carlito Galvez Jr. who led the agency for five months. Aside from Teodoro, the CA also approved the promotion of 11 generals and senior officers of the AFP. Jose Jesus Luntok, Ramon Flores, Dennis Pacis, Nasser Lidasan, Benedict Balaba, Steve Crespillo, Arvin Lagamon, Ivan Papera, Lloyd Cabacuñgan, and Fernando Ventura secured CA’s approval for their rank of Brigadier General. Peter Jempsun de Guzman’s rank of Commodore was also approved. The post Teodoro gets CA nod appeared first on Daily Tribune......»»
Taiwan OFW Ugnayan shelter makes do sans MECO support
A shelter run by a Filipino priest in Taiwan, which has been assisting overseas Filipino workers in distress, will no longer be receiving support from the Philippine representative office there. Father Joy Tajonera, who runs the Ugnayan shelter in Taichung, said that under the new administration, the Manila Economic and Cultural Office in Taiwan has decided to halt support for his work at Ugnayan. Tajonera, in a recent interview with Daily Tribune’s Usapang OFW digital show, revealed that “MECO has decided not to support the work of Ugnayan to help Filipinos in Taiwan.” “This is the first time for us not to receive support from the government; from the time of GMA up to Duterte, we got support from MECO,” Tajonera said, referring to former presidents Gloria Macapagal-Arroyo and Rodrigo Duterte. He added that the pullout of support has nothing to do with the changes that had been put in place with the enactment of RA 11641, or the Department of Migrant Workers Act, replacing the Philippine Overseas Employment Administration. Among the changes were the setting up of the Migrant Workers Office, replacing the Philippine Overseas Labor Office, to address the needs of OFWs, whether legal or undocumented, and assigning support for non-OFWs like tourists, students, business people, and the like — to embassies and consulates, and in the case of Taiwan, to MECO. “That has nothing to do with the pullout of support because the assistance that we provide is for all who need help regardless of race, not just OFWs, although they are the ones we give assistance to the most,” Tajonera said. The MECO is the Philippine representative office in Taiwan in keeping with the One-China policy adopted by the Philippines in 1975. “MECO decided under this new administration that they would not support us anymore. No reason was given, and I decided not to pursue an explanation anymore as we continue to provide support with the help of our ministry. We have not stopped with our services to fellow Filipinos, regardless of reason or situation,” Tajonera said. Tajonera added that he will not be seeking financial help from the Taiwan government despite the pullout of support from MECO. “We want to keep Ugnayan independent. I believe that our mission in Ugnayan is to help people without conditions, especially when it comes to providing shelter,” he said. Tajonera has been running Ugnayan since 2002, getting funding from its ministry, and donations from the masses, and locals in the community. The post Taiwan OFW Ugnayan shelter makes do sans MECO support 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......»»
Courting disaster (2)
“The judiciary,” once intoned Alexander Hamilton, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment.” Thus, is the Judiciary said to be the “weakest” of the Three Great Branches of Government under the Constitution, as it, to paraphrase Hamilton, holds neither the purse (controlled by Congress) nor the sword (under the command of the Chief Executive)? Someone once joked that in the case, however, of then-Chief Justice Enrique Fernando, he holds the umbrella for Imelda Marcos, but that is something those born after the 1980s will not get. This is why the framers of our Constitution, in their infinite wisdom (and I use the phrase advisedly) had deemed it fit to elevate what had hitherto been merely ruling case law into a constitutional injunction. Section 3 of Article VIII reads: “The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.” Looks good. But in practice, it reduces judicial independence to a chimera. While the budget of the courts may not be reduced from that of the previous year, if a nasty Legislature wants to starve out a nonconformist Judiciary, it may simply opt to maintain its budget at the same level year after year after year. After a few years, with inflation, the courts will be reduced to tatters. And this happens every year, with the high officials of the Supreme Court practically reduced to bringing a begging bowl to Congress when budget deliberations come up in the agenda. This year, around P14 billion was arbitrarily lopped off the proposed budget for the Judicial branch. Now, the court administration is asking that some P6.7 billion be restored if only to upgrade the salaries of court personnel, the hazard pay for judges (who lately have been at the receiving end of gun barrels from disgruntled litigants) and costs for their security in the form of judicial marshals, the creation of more courts to serve a burgeoning caseload, and for the Judicial Integrity Board (who keeps erring judges in line). Methinks this is not too much to ask for, and as a lawyer and therefore an officer of the court, it pains me to see the Supreme Court looking like the poorer relations of Congress begging for alms. This is especially since Congress has notoriously been seen to have granted unto itself huge allocations for its members per district, the combined value of which is far and away higher than what the High Tribunal is asking for. The importance of a strong, independent Judiciary cannot be overestimated in a constitutional government such as ours. Aside from adjudicating private rights amongst competing parties, it is the final bulwark against governmental abuse. As former President Jose P. Laurel, when he was a Supreme Court magistrate, so emphatically articulated in the landmark case of Angara v. Electoral Commission, “(i)n cases of conflict, the judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments of the government.” That is why I wish to make this call to our lawmakers to be not niggardly with the monetary allocation to our courts. It will not serve the ends of good governance well to be penny-wise and pound-foolish with the nation’s coffers. By the same token, kudos to Deputy Speaker Gloria Macapagal-Arroyo, Senate President Miguel Zubiri and neophyte Senator Raffy Tulfo, who have all filed bills seeking to strengthen the Judiciary’s fiscal autonomy. For to neglect the courts would necessarily be courting disaster. The post Courting disaster (2) appeared first on Daily Tribune......»»
Nani Perez, Escaler lose bid to dismiss forfeiture case
Former Arroyo administration justice secretary Hernani Perez and a businessman have lost their bids before the Supreme Court to dismiss their forfeiture case over alleged extortion of $2 million from the late Manila congressman Mark Jimenez, clearing the way for the continuation of trial......»»
Hypocrites humbled
The Ombudsman’s decision to throw out the complaint of New York-based Filipino-Americans who keep stirring controversy in the country led by billionaire Loida Nicolas-Lewis exposes a deeper agenda in the effort. Lewis is known to be the heavy gun behind the Liberal Party who provided the bulk of the funding for the candidacy of Vice President Leni Robredo’s lost pink cause in the 2022 polls. The long-distance meddling had been repeatedly disclosed in the past with no less than former President Rodrigo Duterte pointing to a rich Filipino-American, who was obviously Nicolas-Lewis, as leading the effort to destabilize the government. In one of his abrasive speeches, Duterte foretold the international offensive against him emanating from the group of Nicolas-Lewis. “For all I care, I do not have any illusions, do not give me a reason to leave because you might get your wish,” he had said. “A certain financier, a rich woman who married a black (American) and is now a millionaire, she is planning to do protests,” he added. The plot was confirmed by then Communications Secretary Martin Andanar who recalled rumors in the Filipino-American community about plans to oust Duterte because of his alleged human rights violations and continuous attacks against the US. Duterte then mockingly told Nicolas-Lewis he’d follow her advice and even provide staff for her. “If you think that you can help, tell me because I will appoint a group of presidential advisers and (I will give you) a Cabinet position without a portfolio but with Cabinet rank. And I will follow your instructions to a tee,” he said. “I was listening to the tapes of their conversation. It was provided to me by another country but the conversation was somewhere in the Philippines and New York,” Duterte said of the plot. He said the recordings included one in which Lewis told another person, “See you in the headquarters when the case is filed.” Being referred was the International Criminal Court case that was a successful campaign considering the recent decision of the tribunal to proceed with an investigation into the war on drugs of Mr. Duterte. Nicolas-Lewis had led a 25-person delegation from the US-Philippines Society, a private group comprised of executives and diplomats, who met with Duterte a week before his inauguration on 1 June 2016. The top-notch mission included tycoons, retired American diplomats, executives of Coca-Cola, SGV, JP Morgan, and other top corporations. Nicolas-Lewis’s sister was former National Anti-Poverty Commission chairperson Imelda Nicolas who was part of the “Hyatt 10” — members of the Cabinet who turned on President Gloria Macapagal-Arroyo in 2005. Imelda and most of the Hyatt 10 members were recruited to key posts in the succeeding administration of the late President Benigno “Noynoy” Aquino III. Imelda was appointed head of the Commission on Filipinos Overseas. Duterte is being targeted for investigation for the complaint of crimes against humanity as a result of the methods undertaken in the anti-drug campaign. The late plaintiff Jude Sabio admitted using manufactured numbers that at one point reached 20,000 so-called extrajudicial killings, which a Senate investigation found dubious since it came from Philippine National Police figures that tallied all forms of deaths investigated, including those unrelated to police operations since Duterte assumed office. Veteran lawyer Chief Presidential Legal Counsel Juan Ponce Enrile said that from the start, he was against the proceedings at the ICC. “We’re an independent sovereign country and they want to unduly interfere in our internal affairs,” Enrile said. He pointed out the drug war was a policy to rid the country of its narcotics problem and involved law enforcement. “Who are they to tell us what is good for our society?” Enrile asked. “In the case of the insurgency, the government conducts operations. Are we going to answer to the ICC on the way that we defend ourselves from an internal threat?” Enrile demanded. The persistence of the ICC was discovered to have a sinister origin, based on information that Duterte had gathered. It all started with the designs of meddling Filipinos living overseas who wanted to impose their brand of hypocrisy on the hapless nation but were effectively foiled. The post Hypocrites humbled appeared first on Daily Tribune......»»
Graft buster clears Cusi
Citing the presumption of regularity, the Office of the Ombudsman threw out the graft complaint of a New York-based billionaire against former Energy Secretary Alfonso Cusi, other Department of Energy officials, Davao City-based executive Dennis Uy, and several others over the sale of 90 percent of the shares of the Malampaya natural gas consortium. On 18 October 2021, US-based geologist Balgamel Domingo and Filipino-American anti-Duterte leaders Rodel Rodis and Loida Nicolas-Lewis filed charges against Cusi, Uy, and the others involved in the sale of the Malampaya stake to the Udenna group of Uy. In a copy of the ruling obtained by the Daily Tribune, the Ombudsman said it could not delve into the complaint on the legality of the transaction since “the authority to make such a determination belongs to the court.” “Seemingly, this complaint is in actuality a collateral attack on the validity of the Share Sale and Purchase Agreement,” it said. The decision declared that “matters of such tenor are not determinable in a preliminary investigation before the Ombudsman’s Office.” “Without any judicial determination decreeing the illegality of the Share Sale and Purchase Agreement, this Office is left with nothing but to acknowledge its validity,” the ruling said. The Ombudsman cited a precedent in the case of Teresita Buenaventura vs Metrobank, in a ruling that stated: “The burden of showing that a contract is simulated rests on the party impugning the contract.” “This is because of the presumed validity of the contract that has been duly executed,” the Ombudsman ruling read. “Wherefore, the criminal charges for violation of Section 3(e) and of Republic Act 3019 against the respondents are dismissed for lack of probable cause.” The ruling was signed by members of a Special Panel of Investigators composed of Ronald Allan Ramos, Josephine Mae Rosapapan, Francisco Alan Molina and Bonifacio Mandrilla. Prime takes control The operation of the Malampaya project was recently assumed by the Razon group’s Prime Energy which bought a 45-percent stake from Malampaya Energy XP, or MEXP, of the Udenna group. MEXP had bought the shares of Shell Philippines Exploration B.V., or SPEX, in the consortium. The Department of Energy had branded the complaint a political move since the two Fil-Am lawyers in the suit were prominent in the “Oust Duterte” movement in the United States. The complaint alleged that Cusi and other energy officials had granted “unwarranted benefits and advantage” to Uy’s UC Malampaya in the buyout of Chevron’s share in the consortium. Udenna, through spokesperson Raymond Zorilla, said there is “no law requiring approval of the transfer of shares of companies that have an interest in Malampaya.” Zorilla said the transfer of Chevron and Shell shares underwent strict bidding processes and due diligence by both multinational oil and gas players. “The share sales were above board and legal and had to pass scrutiny by Philippine regulators, international lenders, and the said private multinationals involved,” Zorilla added. Cusi, in an interview with Daily Tribune, had said the DoE was not involved in choosing the buyer of the shares of Shell and Chevron in the Malampaya project. “The DoE did not get involved in the sale (of shares). We don’t know that they are selling. Our question was what their standards are for choosing Udenna. Why didn’t you choose the big companies, and why Udenna?” he said. Industry experts said the sale of shares was a private transaction that the accusers, who are US lawyers, should have been very familiar with. Cusi said the DoE, during his watch, went beyond its mandate by reviewing the technical, legal, and financial aspects of the transactions, the results of which were provided to the public. Political agenda The complaint, he said, had an underlying political agenda connected to his being the head of President Rodrigo Duterte’s Partido Demokratiko Pilipino-Lakas ng Bayan or PDP Laban. “It is not only political propaganda against me, but it also has a destabilization background… because I’m the president of the PDP.” The complaints, in turn, stemmed from the unending Senate inquiries on the Malampaya deals. The DoE said the Senate probes and the controversies that resulted from them had caused costly delays in the review process that would ultimately affect the country’s energy security. To refute a recent remark by Senator Sherwin Gatchalian, the DoE, in a statement said: “The inquiries of Senator Gatchalian are causing undue delay to the timeline of the consortium corporations, and this may eventually take its toll and put our energy security at risk.” The DoE’s approval of the sale of shares of stock of Chevron Malampaya LLC, one of the three corporations in the Malampaya Gas Field Project Consortium, had been dubbed by Gatchalian, chairman of the Senate Committee on Energy, as “lutong Macau.” It also backed the Udenna assessment that the deals were above-board. “When the sales were made, both Chevron Philippines, which owned Chevron Malampaya, and Shell Petroleum NV, owner of SPEX, followed rigorous global standards,” the DoE said. Nicolas-Lewis was part of a 25-person delegation from the US-Philippines Society, a private group comprising business executives and diplomats, who met with Duterte a week before his inauguration as president in 2016. Nicolas-Lewis was then accompanied by former Philippine Ambassador to the US Jose Cuisia, PLDT chair Manuel V. Pangilinan, retired American diplomats, and executives of Coca-Cola, SGV, JP Morgan, and other top corporations. Nicolas-Lewis is the sister of former National Anti-Poverty Commission chairperson Imelda Nicolas, who was one of the “Hyatt 10” Cabinet members who turned against then-President Gloria Macapagal-Arroyo in 2005. Imelda and most of the Hyatt 10 members ended up getting key posts in the administration of President Benigno “Noynoy” Aquino III. Imelda was made head of the Commission on Filipinos Overseas. Nicolas-Lewis plot bared In February 2018, former President Duterte bared intercepted conversations that indicated Nicolas-Lewis was behind efforts to push the International Criminal Court, or ICC, to probe his war on drugs. Duterte revealed a recorded conversation between Lewis and another political opponent whom he did not name. “I was listening to the tapes of their conversation. It was provided to me by another country, but the conversation was somewhere in the Philippines and New York,” Duterte said. He said that among the recordings was one in which Lewis allegedly told another person: “See you in the headquarters when the case is filed.” Duterte then said in a public address that he was aware of developments on the ICC case and that lawyer Jude Sabio, the main complainant in the case, was a paid hack of Magdalo Senator Antonio Trillanes IV and Rep. Gary Alejano, both failed putschists. Sabio withdrew his complaint before the ICC and revealed that the case was the handiwork of the dirty tricks factory of Trillanes. In 2016, Duterte pointed to Lewis as the financier of an alleged destabilization plot against his administration. Nicolas-Lewis invested heavily in the failed presidential campaigns of Liberal Party bets Mar Roxas in 2016 and Vice President Leni Robredo in 2022. The post Graft buster clears Cusi appeared first on Daily Tribune......»»
Tribune, Marcos share good gov’t journey (17)
“Without fear or favor,” was how former Senator Ferdinand “Bongbong” Marcos Jr. chose the Daily Tribune motto in justifying his vote for the acquittal of Chief Justice Renato Corona in the 2012 impeachment trial. Marcos was one of three senators, the others being Miriam Defensor Santiago and Joker Arroyo, who voted to acquit, against 20 who voted to convict Corona. The senator-judges voted only on article 2 of the original eight charges in the impeachment complaint, which was Corona’s “failure to disclose to the public his statement of assets, liabilities and net worth as required under the Constitution.” When Corona passed away in 29 April 2016, Marcos said that he had been a victim of a “great injustice.” “It is unfortunate that at the time of his death, he was still under this cloud that had remained above him since the impeachment trial,” Marcos lamented. He stressed that Corona was clearly a casualty of “selective justice.” History validated the points Marcos made as it was revealed that money was passed around, straight from a Palace slush fund, to influence the vote to oust Corona. In defense of his vote in the impeachment court, Marcos cited Lady Justice who “wears a blindfold for a reason.” “She is to render judgment based on law and evidence without regard to the circumstances and personalities of the parties involved,” he noted. He said that like Lady Justice, the senator-judges were bound to dispense justice “without fear or favor.” “An impeachment trial is sui generis. But, be that as it may, the Bill of Rights stands supreme over all the powers of government, including the power to impeach, and nowhere is this precept more opposite than in this case, where the government has mustered all the resources at its disposal not only to secure evidence against the chief justice but further to ensure his conviction,” Marcos had noted. He indicated that the crucial issues that had piqued the interest of the senator-judges, as well as of the public, “were outside the original ambit of the impeachment complaint” and were raised only after the filing of the complaint. “Evidence in some of these issues came from questionable sources, beginning with the unidentified ‘little lady’ who supplied documents anonymously, leaving them on gates and in mailboxes.” The “little lady” was later identified as a journalist who was doing errands for the Liberal Party to pin Corona and fulfill the wish of the late President Benigno “Noynoy” Aquino III to have the chief justice removed. Marcos said that “at the expense of the sub judice rule, evidence was presented to the public on several occasions even before they were formally offered before this court.” “Worse, information was grossly exaggerated with the apparent intention to predispose the public mind against the chief justice,” Marcos pointed out. He cited as an example the Land Registration Authority report with the “discredited” list of 45 properties and the unauthenticated Anti-Money Laundering Council report claiming that the chief justice had $10 million. Fair, impartial and just Still, Marcos said the chief justice sufficiently addressed the accusations against him with regard to the filing of his Statement of Assets, Liabilities and Net Worth and the disclosure of his real properties and peso deposits. Relative to his dollar deposits, the chief justice believed that he was under no legal duty to declare them pursuant to Republic Act 6426 which affords absolute confidentiality to all foreign currency depositors, Marcos indicated. “In view of the ambiguous situation created by the concurrent application of the 1987 Constitution, the SALN law and the FCDU law, and absent a determinative judicial pronouncement that resolves the contrary positions in this legal issue, the chief justice must be presumed to have acted in good faith,” Marcos said. He pointed out that “it has been held that not all omissions and misdeclarations in the SALN amount to dishonesty.” “When the furor has died down and this political storm has subsided, I know that like Lady Justice we shall find solace in the fact that this decision, though it may be not popular, was fair, impartial and just,” Marcos declared. The post Tribune, Marcos share good gov’t journey (17) appeared first on Daily Tribune......»»
Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) unconstitutional–SC
The Supreme Court ruled with finality its January 2023 decision declaring as unconstitutional and void the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) entered into by the government during the term of former President Gloria Macapagal-Arroyo with China and Vietnam in 2004. The Court’s en banc issued a resolution penned by Associate Justice Samuel H. Gaerlan which held that the motion for reconsideration (MR) filed by the government failed to raise new arguments that would warrant the reversal of the said decision. The MR according to the court, “merely repleaded the issues raised in the comment and memorandum, which the Court had already passed upon in the assailed decision.” In its January 2023 decision, the SC declared the JMSU unconstitutional for allowing wholly-owned foreign corporations to participate in the exploration of the country’s natural resources without observing the safeguards provided in Section 2, Article XII of the 1987 Constitution. Under the JMSU, which expired in 2008, the Philippines, China and Vietnam through their respective national oil corporations -- Philippine National Oil Company (PNOC), China National Offshore Oil Corporation (CNOOC), and Vietnam Oil and Gas Corporation (PETROVIETNAM) -- agreed to conduct joint explorations of the disputed South China Sea but up to 80 percent of the JMSU site is within the Philippines’ 200-mile exclusive economic zone. The case stemmed from the petition filed Bayan Muna Party-List Representatives Satur C. Ocampo and Teodoro A. Casiño, Anakpawis party-list Rep. Crispin Beltran, Liza Maza and Luzviminda Ilagan of the Gabriela Women’s party-list groups, then Rep. Lorenzo Tanada III and former senator Senator Teofisto “TG” Guingona III. Respondents in the petition were then president Gloria Macapagal-Arroyo, her executive secretary Eduardo Ermita, her foreign and energy secretaries as well as the Philippine National Oil Company and the Philippine National Oil Company-Exploration Corporation. The court in denying the MR, the Court reiterated that the JMSU is unconstitutional as it involves the exploration of the country's natural resources. Since the objective of the JMSU as stated in its Fifth Whereas Clause is “to engage in a joint research of petroleum resource potential” in the Agreement Area, the agreement clearly involved exploration, the Court noted. It dismissed the respondents' insistence that JMSU does not involve exploration considering that the term “exploration” under R.A. No. 387 (Petroleum Act of 1949) was already repealed by Presidential Decree (PD) No. 87 or the Oil and Exploration and Development Act of 1972. But the Court held that PD No. 87 does not provide a contrary definition for the term “exploration” and does not at all define “exploration.” Likewise, the Court noted that, that for the JMSU to be valid, it must be executed and implemented under any of the following modes under Section 2, Article XII of the Constitution (National Economy and Patrimony): : (1) directly by the State; (2) through co-production, joint venture or production-sharing agreements with Filipino citizens or qualified corporations; (3) through small-scale utilization of natural resources by Filipino citizens; and (4) through agreements entered into by the President with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils. The JMSU, the Court held, does not fall into the first three modes since it involves foreign-owned corporations. “For an agreement/contract under the fourth mode to be valid, it must foremost be entered into by the President himself or herself. In the case at bar, the President is neither a party nor a signatory to the JMSU and the contracting party is PNOC,” the SC added. It also pointed out that the government has no full control and supervision under the JMSU since under Articles 11.2 and 11.4 of the agreement, the PNOC “illegally allowed joint ownership of information about our natural resources” with CNOOC and PETROVIETNAM. The argument of the respondents that the government did not lose control and supervision over information about our natural resources was belied by JMSU’s provision stating that the parties to the agreement shall have equal rights, interests, and obligations, according to the SC. Under JMSU, the Court said the PNOC and/or the Government would even need the prior written consent of CNOOC and PETROVIETNAM before it could disclose any of the information acquired. Justice Gaerlan’s decision was concurred in by 11 other Associate Justices. -30- The post Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) unconstitutional–SC appeared first on Daily Tribune......»»
Acquittal doesn’t shield accused from karmic debt
No matter how a former government official commits abusive and criminal acts while in office, followed by prosecution and incarceration after stepping out of office, there are rabid partisans who will express their support and sympathy either out of misplaced loyalty, or out of gratitude for past favors or out of ignorance of the past misdeeds. When such government official is acquitted by reason of failure of the prosecution to prove the guilt of the accused beyond a reasonable doubt, the partisans, as well as even those who genuinely pity the accused who has been clamped to jail before the acquittal pour out their sympathetic sentiments claiming that the detainee has been imprisoned unjustly for many years before being acquitted, as in the case of former senator and justice secretary Leila de Lima. Charged with three drug cases, she was jailed in 2016. Despite scoring two acquittals, with the last remaining drug case still pending she remains languishing behind bars, although relatively with less restrictive movements and enjoying some privacy being confined solo in her jailhouse, unlike ordinary convicts who suffer more. Given the change in the political environment from the time of her incarceration, where fortunes are altered for various reasons, it will not be surprising if she will be again exonerated in her last court case. Sympathizers lament that her six years of being deprived of freedom is undeserved and unjust since she has been acquitted in two cases and most likely will snatch another judicial victory unless the trying court strictly follows the rules on evidence. Let us grant that indeed she is really innocent in the drug cases filed against her, is it correct to say that her six years of being deprived of her liberty is an injustice? The answer must be negative because the law of karma applies to her. The accused has to pay a karmic debt she owes to former President Gloria Macapagal-Arroyo. For those who have forgotten, let us revisit the past, particularly 15 November 2011. On that day, accompanied by her husband, former First Gentleman, and son, Congressman Mikey Arroyo, the former President, in an ambulance arrived at the Manila International Airport. She was wheeled into the departure VIP lounge wearing a face mask and a neck brace. Armed with a Supreme Court restraining order overturning an earlier travel ban issued by the late former President Benigno Aquino III, their lawyers tried to persuade the Immigration officials to allow them to depart for Singapore for medical treatment of a bone ailment The accused, as then-Secretary of Justice, in willful, brazen and blatant defiance of the Supreme Court order, commanded her subordinate officials in the Bureau Immigration, who of course complied, to prevent Arroyo from boarding the plane. On 16 July 2012, a P366 million plunder charge was filed against her. On 12 October 2012, a warrant of arrest was issued against her by the Sandiganbayan, which granted her plea for a hospital arrest owing to her illness. She was a virtual prisoner at the hospital and deprived of her liberty until 19 July 2016 when the Supreme Court freed her after it dismissed the plunder case against her. Undoubtedly, it was the accused who not only inhumanly stopped her from getting urgent medical treatment abroad and as the head of the prosecution arm of the Aquino government, but contributed greatly to her subsequent arrest and detention for more than four years. Accused De Lima may have escaped her criminal culpability by reason of a flawed acquittal in the drug cases but she could not dodge her accountably for the illegal act of stopping FPGMA from seeking medical treatment abroad. Her continued detention despite her acquittal is a deserving substituted punishment for the cruel and criminal offense she committed against the former Chief Executive. Her acquittal is not a shield to the unstoppable and inexorable operation of the law of karma. As an aside, this writer cannot fathom why FPGMA has not filed any criminal or administrative case or both against her tormentor, except to consider that the former has a forgiving heart. It is also a wonderment why the Supreme Court, on its own initiative, has not sanctioned the criminal, contumacious, and outrageous act of the former government official, when her act was in open defiance of its restraining order. The post Acquittal doesn’t shield accused from karmic debt appeared first on Daily Tribune......»»
Teves blasts House over Arroyo demotion
Negros Oriental Rep. Arnies Teves lashed out at the leadership of the House of Representatives anew, this time saying the chamber was rude in its decision to demote Pampanga Rep. Gloria Macapagal-Arroyo. Teves, who has been tagged by authorities for alleged involvement in the Degamo murder case and remains abroad, protested that Arroyo was "very qualified" for the role. "For me, what they did was rude. [She's a ] former president, her work is great, then you will demote her? It's not good. For me, there is no respect for fellow congressmen, especially for people of very high morale, very esteemed persons. I really felt bad about that," he said. Last week, Arroyo was demoted from senior deputy speaker to deputy speaker and was replaced in her previous post by Rep. Aurelio Gonzales Jr., amid talks that Arroyo was plotting to oust Romualdez from the Speakership. Arroyo, in a subsequent statement, said she had no intention of succeeding Romualdez and that she respects President Ferdinand Marcos Jr.'s choice to support his cousin as leader of the House. Teves said he is not returning home to physically attend the House ethics panel motu proporio on Monday, citing serious threats to his life. "Why won't they allow me to attend via Zoom?," he demanded. "Why are other congressmen allowed to attend via Zoom? In fact, I have screenshots of recent meetings, sessions and hearings showing that other congressmen were joining via video teleconferencing. How come they were allowed and I'm not?" Teves had earlier complained that he was considered absent by the House despite attending legislative proceedings via teleconference, which he said was permitted by Congress. However, the ethics panel's chairperson, Felimon Espares, pointed out that Teves "was deemed absent because his travel clearance was unauthorized. When you are absent, you cannot participate in all the affairs here in the House." Teves is being implicated in the murder of his political foe, Negros Oriental governor Roel Degamo, and eight others, who were gunned down on 4 March in the governor's residence in Negros Oriental. The post Teves blasts House over Arroyo demotion appeared first on Daily Tribune......»»
Decades-old EPIRA needs to catch up — DOE
The Department of Energy is carefully studying the Republic Act 9136 or the Electric Power Industry Reform Act of 2001 or EPIRA to ensure that the more than two decades-old law can keep up with the changing energy landscape while upholding the interest of the consumers. “Right now it is a case of there is always a continuing effort to amend the EPIRA so that we can adjust certain parts that may require some tweaking,” Energy Secretary Raphael Perpetuo Lotilla said in a recent interview with reporters. Lotilla said the EPIRA amendments can be related to the Energy Regulatory Commission’s powers and penalties it may impose and the Philippine Competition Commission's powers relative to the energy sector. “These are just some of the things that we need to clarify, but even without these amendments within the framework of the existing EPIRA we will proceed,” he added. The EPIRA passed during the time of former President Gloria Macapagal Arroyo, mandates ERC and PCC to promote competition, encourage market development, ensure consumer choice, and penalize abuse of market power in the restructured electricity industry. The law also promotes competition by creating a level playing field, among others, in the competitive retail electricity market. In a hearing at the House Committee on Energy last week, Undersecretary Sharon Garin, disclosed that the EPIRA should be realigned to ban foreign-owned or foreign government-backed enterprises from engaging in power transmission. The DoE has drafted a bill backed by lawmakers to include additional paragraphs in EPIRA that would effectively ban the involvement of companies controlled or acting on behalf of foreign governments in the country's electric transmission business. Once the bill is passed into law, state-run enterprises currently operating in the country will be forced to divest their investments within 10 years. Private Electric Power Operators Association President Ranulfo Ocampo, in another hearing on Tuesday, feared that the proposed revisions in EPRIA may push government authorities to compete in the generation sector, which might discourage investments. Meanwhile, Meralco's First Vice President and Head of Regulatory Management Jose Valles also warned that lower investments in the generation sector can lead to higher electricity prices due to the absence of competition amid fewer players. Currently, the country's transmission system is solely operated by the National Grid Corporation of the Philippines, a private company whose 40 percent stakes are owned by the State Grid Corporation of China. The majority, or 60 percent, is controlled by a group of Filipino businessmen led by Henry Sy Jr. and Robert Coyiuto Jr. NGCP holds a 25-year franchise to solely operate the transmission assets of the government under the Republic Act 9511 signed in 2008. The post Decades-old EPIRA needs to catch up — DOE appeared first on Daily Tribune......»»
Conflict of interest ruling bane for private lawyers
The Public Attorney’s Office on Friday revealed that at least 40,000 private lawyers may find themselves in trouble or short of income due to the inclusion of a provision by the Supreme Court of a conflict of interest provision in the code of professional responsibility and accountability for lawyers. The PAO said that the scenario is already looming in the event that Section 22, Canon lll of the Code of Professional Responsibility and Accountability will be fully implemented by the High Court. PAO chief Atty. Persida Rueda-Acosta said that the ruling will pit PAO lawyers against each other and will result to animosity with their respective clients because they may be of thinking that their cases would be compromised. Although the ultimate thing is for the judge to hand the verdict, the conflict is that the pleadings of both the PAO between those accused and accuser may be deemed compromised because their defenders came from the same office. Since PAO lawyers are open to both parties even those who have the means to pay or acquire the services of private lawyers will opt to run to PAO and get the services of its pool of lawyers because it is free. Acosta said those in the private practice will definitely feel the brunt because they will not be engaged thus their source of income will be affected. “There are 40,000 private lawyers and they may find it difficult to get clients because prospective clients will surely run to PAO so they may spend less,” said Acosta. Also, Dr. Erwin Erfe, chief PAO forensics chief, said the fiduciary relationship of clients will be lost because of the looming scenario and another worst-case scenario to the entire Philippine justice system also looms due to a delay in the disposition and congestion of cases in the lower courts, should a public defender and another PAO lawyer represent the accused and the complainant, respectively, in the same case. Even Finance Secretary Benjamin Diokno, in September 2022, approved a Bureau of Internal Revenue regulation citing guidelines on the incentives a private lawyer providing free legal aid can get — a 10-percent tax rebate. Erfe said RA 9999 or the so-called Lapid Law has directed the Supreme Court to come up with the implementing rules and regulations since the law’s passage in 2020 under then-Senate President Juan Ponce Enrile and the late Speaker Prospero Nograles during the Arroyo administration. The post Conflict of interest ruling bane for private lawyers appeared first on Daily Tribune......»»
Muntinlupa court acquits De Lima in 2nd drug case
In this specific case, De Lima was accused of receiving P10 million, in two tranches, from former corrections chief Rafael Ragos. The money supposedly came from the illegal drug trade inside the New Bilibid Prison......»»
DFA on Del Rosario: ‘Consummate diplomat, inspiring leader’
Former Foreign Affairs Secretary Albert del Rosario, who ushered the Philippines’ case against China in the 2016 landmark decision that cemented Manila’s claim over the West Philippine Sea, passed away at 83, the Department of Foreign Affairs announced Tuesday. In a statement, the DFA said Del Rosario died while en route to San Francisco in the United States. It did not elaborate further on the cause of the passing of the agency’s former chief. The DFA described Del Rosario as a “staunch advocate of protecting and advancing national security and promoting the rights and welfare of Filipinos both in the Philippines and abroad.” He joined the Cabinet of late President Benigno “Noynoy” Aquino III as DFA secretary from 2011 to March 2016. Foreign Affairs Secretary Enrique Manalo also extended his condolences to the family of the country’s former top diplomat. “I extend my deepest condolences to the loved ones of Secretary Albert F. Del Rosario. He was a consummate diplomat and an inspiring leader who led the DFA with integrity and unwavering commitment to public service. You will be missed, Mr. Secretary,” said Manalo. 2016 Arbitral Ruling During his stint as the DFA chief, Del Rosario led the country’s arbitral case before the Hague-based court and challenged China’s historic nine-dash claim in the South China Sea. On 12 July 2016, the Permanent Court of Arbitration favored the Philippines’ claims in the West Philippine Sea – a landmark decision that the People’s Republic of China continues to reject. Even after his stint at the DFA ended, Del Rosario continued to speak against Chinese activities in the WPS, which earned the ire of Aquino’s successor, former President Rodrigo Duterte. Duterte and Del Rosario traded barbs at the height of the Covid-19 pandemic in 2021, after the latter said that ranking Chinese officials helped the former president win in the 2016 elections. In response to Del Rosario’s allegation, the Duterte administration accused Del Rosario of being a “traitor” for ordering the withdrawal of Filipino ships during the 2012 standoff with China in Scarborough Shoal. The former DFA chief explained that he mistakenly believed that China would keep its promise to call off its ships in a deal that was brokered by the United States. Before taking the helm of the DFA under the Aquino administration, Del Rosario also served as Philippine Ambassador to the United States under former President Gloria Macapagal Arroyo from 2001 to 2006. Diplomats pay tribute As the news spread about the passing of Del Rosario, the international community also expressed its condolences to the family of the former DFA chief. Czech Ambassador to the Philippines Jana Treybalová Šedivá said: “He was a source of inspiration and I learned so much from him.” “You will be missed also by Czech friends and colleagues, dear Albert,” she added. European Union Ambassador to the Philippines Luc Veron described Del Rosario as "soft-spoken" but an "indefatigable diplomat and patriot whose role in strengthening EU-Philippines relations was critical." Likewise, Japanese Ambassador to the Philippines Koshikawa Kazuhiko expressed his gratitude to Del Rosario for his contributions to the Philippines-Japan bilateral relations. “His contributions to the Philippines-Japan relationship as symbolized by the conferment of a Japanese Decoration last year and his leadership to uphold the rule of law in the sea will never be forgotten,” Koshikawa said. Last November, the Japanese government conferred on Del Rosario the Grand Cordon of the Order of the Rising Sun, citing him for becoming an “instrument” in building the Japan-Philippines bilateral relationship toward becoming a “strategic partnership”. “Especially, he has significantly contributed in ensuring the safety of ships navigating the waters around the Philippines by strengthening the maritime security relations between both nations,” it said. It also acknowledged Del Rosario’s role in the historic victory of the Philippines in the special arbitral tribunal that favored the country against the People’s Republic of China in 2016. The Order of the Rising Sun is awarded by the Emperor of Japan to individuals, both Japanese and foreign, in recognition of long and/or especially meritorious service. Australian Ambassador to the Philippines HK Yu also mourned the passing of Del Rosario, whom she described as a “good friend” to Australia. “Secretary Del Rosario will always be remembered for his support for UNCLOS and the rules-based international order,” YU said. Del Rosario is survived by his wife Gretchen and his children. The post DFA on Del Rosario: ‘Consummate diplomat, inspiring leader’ appeared first on Daily Tribune......»»