CA affirms dismissal of trumped-up case vs. journalist, trade unionist
In a decision dated Jan. 27, CA Associate Justice Lorenzo R. Dela Rosa said that the “granting of the quashal of the search warrants is only proper and just.” The post CA affirms dismissal of trumped-up case vs. journalist, trade unionist appeared first on Bulatlat......»»
SEC affirms P2M fine vs NOW Corp., CEO
The case concerns the alleged misleading disclosures of NOW Corp. on the supposed P2.6 billion unpaid obligation to the Philippine government......»»
SC affirms lawyer’s dismissal for hiding murder case folder
The Supreme Court has upheld the dismissal from government service of a lawyer for hiding the records of the Ruby Rose Barrameda murder case in his file cabinet at Malacañang......»»
More senators condemn China’s ‘bullying’ in WPS
More senators on Monday condemned China’s aggressive actions in the West Philippine Sea which resulted in a collision with Philippine vessels en route to a resupply mission to the Ayungin Shoal. For Senate Deputy Majority Leader Joseph Victor “JV” Ejercito, China “has gone too far in disrespecting the Philippines” when it performed “dangerous blocking maneuvers” that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. “I strongly condemn the recent aggression of the Chinese Coast Guard against our Philippine Coast Guard,” Ejercito said in a statement. “The reckless maneuvers executed by the CCG, which resulted in a collision with the Armed Forces of the Philippines-contracted resupply vessel, were not only provocative but also a blatant act of bullying that must be denounced, not only by us but by the international community,” he added. Ejercito said the act of harassment of China within the Philippines' exclusive economic zone “obviously violates our sovereignty and territorial integrity.” “We must strongly assert the 2016 arbitral ruling, which clearly affirms that the Philippines has the exclusive rights over the West Philippine Sea,” he said. “This ruling is not only legally binding but a reflection of the principles of international law,” he added. China claims the vast South China Sea, including the West Philippine Sea. However, on 12 July 2016, the Permanent Court of Arbitration favored the Philippines’ arbitral case against China. Seven years after the Tribunal favored the Philippines’ arbitral case against China, the ruling remains on paper as China continues to disregard it by keeping its illegal activities in the West Philippine Sea. Ejercito said it is “essential to note that this is not the first time the CCG has engaged in such provocative actions against our coastal guards and fisherfolks.” “Moreover, it is the government's duty to ensure the safety of our waters for all Filipinos. We cannot and will not allow such incidents to jeopardize the safety of our people, particularly those who serve in our armed forces and the PCG,” he said. “At the same time, I personally believe that it is high time to expedite the modernization of our Armed Forces in the coming years to protect our sovereignty, safeguard our maritime interests, and ensure the safety and security of our people,” he added. ‘Potential flashpoint’ Senator Grace Poe, likewise, expressed concern over the “dangerous blocking maneuver” carried out by CCG against Philippine vessels. “China's latest act of aggression poses a credible concern that could heighten the tension not only between Philippines and China, but could also be a potential flashpoint in the region,” Poe said in a separate statement. “While an immediate diplomatic protest is anticipated, the recent incident calls for a serious rethinking of our strategies in dealing with these acts,” she added. She continued: “As we firmly assert our rights in our waters, fortifying our relations with like-minded states must continue to thwart similar belligerent actions.” On Sunday, Senate President Juan Miguel “Migz” Zubiri, Senators Risa Hontiveros, and Francis Tolentino expressed their anger over the collision that put the safety of the Filipino crew at risk. “I am one with peace-loving Filipinos in strongly condemning this latest abhorrent actions of the China Coast Guard and Chinese maritime militia that put in danger the lives of our brave countrymen who were on a routine resupply mission to our troops in Ayungin Shoal,” Zubiri said. “Let me salute our personnel from the Philippine Coast Guard (PCG) and the Armed Forces of the Philippines (AFP) for displaying courage and restraint in continuing their resupply missions despite the hostile and treacherous acts of China Coast Guard and their maritime militia,” he added. Hontiveros echoed Zubiri’s call on China to “stop” its activities in the West Philippine Sea which she said clearly violates international law. “This latest collision is squarely the China Coast Guard’s fault,” she said in a separate statement. “The 2016 Arbitral Award has resolutely invalidated China’s claims in the West Philippine Sea, making this incident a clear violation of international law,” she added. For his part, Tolentino said the recent confrontation between the Philippines and China clearly shows China’s continuous disregard for international law. He noted that the incident should be investigated by the International Convention for the Safety of Life at Sea and the Code for Investigation ng Marine Casualties and Incidents of the International Maritime Organization. The post More senators condemn China’s ‘bullying’ in WPS appeared first on Daily Tribune......»»
U.S., Canada lambast PRC
The United States on Sunday denounced China’s actions in the West Philippine Sea that led to the collision of its ships with Philippine boats en route to a resupply mission to the Ayungin Shoal. In a tweet, US Ambassador to the Philippines MaryKay Carlson described China Coast Guard’s actions as a “disruption” of a “legal” resupply mission of the Philippines to the BRP Sierra Madre, its permanent military post in the West Philippine Sea. She tweeted on X that the US “condemns” China’s “latest disruption of a legal Philippine resupply mission to Ayungin Shoal, putting the lives of Filipino service members at risk. One of two boats contracted by the Philippines to bring supplies to the BRP Sierra Madre was bumped by a China Coast Guard Ship before a Chinese militia vessel did the same to a Philippine Coast Guard escort ship. Carlson said Washington “stands” with Manila in “protecting Philippine sovereignty and in support of a #FreeAndOpenIndoPacific.” Over the past months, the US had reiterated its “ironclad” alliance commitment to the Philippines amid the escalating tension in the WPS, a portion of the South China Sea claimed by the Philippines and China. In August, US Defense Secretary Lloyd Austin III stressed that the Mutual Defense Treaty between Washington and Manila extends to the latter’s public vessels. Unlawful conduct Canada also condemned what it described as “unlawful and dangerous conduct” of the People’s Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine Exclusive Economic Zone, in the vicinity of Ayungin Shoal.” “The PRC’s actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region and increase the risk of miscalculation,” it added. Canada said it welcomed the news that no injuries resulted from the collisions and commended the “professionalism and restraint exercised” by the Philippine Coast Guard. “Canada affirms its support for a rules-based order in the South China Sea consistent with international law, including UNCLOS and the 2016 Arbitral decision, which is final and binding on the parties,” it said. Ayungin Shoal, also known as Second Thomas Shoal, is 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. 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. Germany also expressed concern over the incident in the WPS. Senators enraged “Germany is very concerned about recent confrontations in the SCS involving Chinese coast guard ships and maritime militia vessels in the Exclusive economic zone of the Philippines,” German Ambassador to the Philippines Ambassador Andreas Pfaffernoschke said in a separate tweet. Pfaffernoschke called on “all parties to act in accordance with UNCLOS-rules and to respect the 2016 arbitral award. Senators also condemned China’s actions. In separate statements, Senate President Juan Miguel “Migz” Zubiri, Senators Risa Hontiveros and Francis Tolentino expressed anger over the collisions that put the safety of the Filipino crew at risk. “I am one with peace-loving Filipinos in strongly condemning this latest abhorrent actions of the China Coast Guard and Chinese maritime militia that put in danger the lives of our brave countrymen who were on a routine resupply mission to our troops in Ayungin Shoal,” Zubiri said. Zubiri called on CCG to “respect human lives and abide by the United Nations Convention on the Law of the Sea and other international laws governing safe maritime travel.” “This latest collision is squarely the China Coast Guard’s fault,” Hontiveros said. “The 2016 Arbitral Award has resolutely invalidated China’s claims in the West Philippine Sea, making this incident a clear violation of international law.” For his part, Tolentino said the recent confrontation between the Philippines and China clearly shows China’s continuous disregard for international law. He noted that the incident should be investigated by the International Convention for the Safety of Life at Sea and the Code for Investigation ng Marine Casualties and Incidents of the International Maritime Organization. The post U.S., Canada lambast PRC appeared first on Daily Tribune......»»
US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal
The United States on Sunday denounced China’s actions in the West Philippine Sea that led to a collision of its vessels with Philippine vessels en route to a resupply mission to the Ayungin Shoal. In a tweet, US Ambassador to the Philippines MaryKay Carlson described China Coast Guard’s actions as a “disruption” of a “legal” resupply mission of the Philippines to the BRP Sierra Madre, its permanent military post in the West Philippine Sea. “The United States condemns PRC’s latest disruption of a legal Philippine resupply mission to Ayungin Shoal, putting the lives of Filipino service members at risk,” Carlson said on X, formerly known as Twitter. Earlier today, the National Task Force for the West Philippine Sea accused the CCG of performing "dangerous blocking maneuvers" that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship which “imperiled the safety” of the Unaiza May 2 crew. It also flagged the “bumping” of the Chinese Maritime Militia vessel against the Philippine Coast Guard BRP Cabra’s port side while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. Carlson said Washington “stands” with Manila in “protecting Philippine sovereignty and in support of a #FreeAndOpenIndoPacific.” Over the past months, the US reiterated its “ironclad” alliance commitment to the Philippines, amid the escalating tension in the WPS, a portion of the South China Sea both claimed by the Philippines and China. In August, US Defense Secretary Lloyd Austin III stressed that the Mutual Defense Treaty between Washington and Manila is extended to the latter’s public vessels. In a separate statement, Canada also condemned what it described as “unlawful and dangerous conduct” of the People's Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine Exclusive Economic Zone, in the vicinity of Ayungin Shoal.” “The PRC's actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region, and increase the risk of miscalculation,” it added. Canada said it welcomed the news that no injuries resulted from these collisions and commended the “professionalism and restraint exercised” by the Philippine Coast Guard. “Canada affirms its support for a rules-based order in the South China Sea consistent with international law, including UNCLOS and the 2016 Arbitral decision, which is final and binding on the parties,” it said. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. 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. The post US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal appeared first on Daily Tribune......»»
Barrier removal BBM’s call — PCG
Dismantling the floating barrier that China installed at Scarborough Shoal or Bajo de Masinloc is a matter for President Ferdinand Marcos Jr. to decide, a Philippine Coast Guard official said yesterday. Commodore Jay Tarriela, PCG spokesperson for the West Philippine Sea, said they had reported the discovery of the 300-meter barrier to the National Task Force for the West Philippine Sea, or NTF-WPS. “Should the NTF-WPS recommend to the President the actions to be taken, the PCG, the Bureau of Fisheries and Aquatic Resources, and even the Armed Forces of the Philippines would comply,” Tarriela said. Tarriela was apparently reacting to the call made by Senate President Juan Miguel Zubiri for the PCG to remove the barrier as it poses a danger to Filipino fishermen and keeps them from the shoal’s rich fishing grounds. Tarriela, however, said the PCG had yet to consult with Mr. Marcos and other officials of the national government on what to do about the barrier. The PCG said three China Coast Guard inflatable boats backed by a Chinese maritime militia vessel installed the floating barrier. Also on Monday, the Department of Foreign Affairs vowed to press the Philippines’ sovereignty over Scarborough Shoal. “We will take all appropriate measures to protect our country’s sovereignty and the livelihood of our fisherfolk,” the DFA said. “Bajo de Masinloc is an integral part of the Philippines over which we have sovereignty and territorial jurisdiction according to UNCLOS (United Nations Convention on the Laws of the Sea),” the DFA said. In 2012, Chinese and Philippine vessels faced each other in a standoff at the shoal, which was defused when the Philippines withdrew its ships, which China did not do with its ships despite an agreement to do so. China has since maintained control of the shoal even after a 2016 ruling of the Permanent Court of Arbitration deemed the shoal to be part of the Philippines’ 200-nautical-mile exclusive economic zone in the West Philippine Sea. The landmark ruling, which also dismissed as illegal China’s claim to nearly the entire South China Sea, arose from a case filed by the Philippines before the arbitral court in 2013. China, however, has refused to abide by the ruling. “The 2016 Arbitral Award affirms it (Bajo de Masinloc) as a traditional fishing ground for Filipino fisherfolk,” the DFA pointed out. “China’s reported installation of barriers and its negative impact on the livelihood of Filipino fisherfolk or any other activity that infringes on the Philippines’ sovereignty and jurisdiction in Bajo de Masinloc are violations of international law, particularly UNCLOS and the Arbitral Award,” it added. The installation of the barrier was roundly criticized by European Union Ambassador to the Philippines Luc Veron, who described it as “deeply concerning.” In a tweet, Veron said the “floating barrier is dangerous, detrimental to the livelihood of Philippines fishermen, and disregards the peace-driven objectives of UNCLOS.” The post Barrier removal BBM’s call — PCG appeared first on Daily Tribune......»»
Sandigan affirms dismissal of forfeiture case vs late Ferdinand Marcos, Imelda
The Sandiganbayan has upheld its earlier decision dismissing another forfeiture case filed by the Presidential Commission on Good Government against the late dictator Ferdinand Marcos, his widow Imelda and their cronies......»»
Sandigan affirms dismissal of forfeiture case vs FM, Imelda
The Sandiganbayan has upheld its earlier decision dismissing another forfeiture case filed by the Presidential Commission on Good Government (PCGG) against the late dictator Ferdinand Marcos, his widow Imelda and their cronies......»»
Phl ‘promise’ to tow away BRP Sierra Madre in Ayungin, not under my Pa’s term – Ejercito
Senator Joseph Victor "JV" Ejercito on Thursday asserted that it was not his father, former President Joseph "Erap" Estrada, who allegedly promised China that the Philippines would remove the BRP Sierra Madre in the Ayungin Shoal. “It was former President Joseph Estrada who ordered that BRP Sierra Madre be placed in Ayungin Shoal in 1999 as a symbol of our sovereignty and to mark our territory,” Ejercito said in a statement. “I cannot recall such a commitment from the Philippine government to remove the Sierra Madre,” he added. Over the weekend, China claimed that the Philippines had promised to tow away the grounded BRP Sierra Madre at the Ayungin Shoal. "The Philippine side has repeatedly made clear promises to tow away the warship illegally 'stranded' on the reef," the Chinese Foreign Ministry said. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. In a separate statement, the Chinese Embassy in the Philippines further supports Beijing's claim that the Philippines promised to tow away the vessel several times. “For instance, in November 1999, the Chinese Ambassador to the Philippines met with Secretary of Foreign Affairs Domingo Siazon and Chief of the Presidential Management Staff Leonora de Jesus to make another round of representations. Many times the Philippines promised to tow away the vessel, but it has taken no action,” the embassy said. “In September 2003, upon the news that the Philippines was preparing to build facilities around that military vessel illegally run aground at Ren'ai Jiao, China lodged immediate representations. The Philippine Acting Secretary of Foreign Affairs Franklin Ebdalin responded that the Philippines had no intention to construct facilities on Ren'ai Jiao and that, as a signatory to the DOC, the Philippines had no desire to and would not be the first to violate the Declaration,” it added. On Wednesday, President Ferdinand Marcos Jr. denied that the Philippine government made such a promise to China. “I’m not aware of any such arrangement or agreement that the Philippines will remove from its own territory its ship, in this case, the BRP Sierra Madre from the Ayungin Shoal,” Marcos said in a video message. He also asserted that he is rescinding any commitment should there be an agreement between the two countries to remove the vessel. "And let me go further, if there does exist such an agreement, I rescind that agreement now,” Marcos said. According to the Department of Foreign Affairs, the Philippines decided in 1999 to deploy the BRP Sierra Madre as a permanent station on Ayungin Shoal in response to China’s illegal occupation of Panganiban Reef in 1995. “The deployment of a Philippine military station in its own areas of jurisdiction is an inherent right of the Philippines and does not violate any laws,” it added. The agency also explained that the Philippine station on Ayungin Shoal was deployed in 1999, years ahead of the conclusion in 2002 of the Declaration on the Conduct of Parties in the South China Sea. “[It] is therefore not a violation of the DOC,” it pointed out. The DFA also reiterated that China Coast Guard’s actions on 5 August which includes the use of water cannon and dangerous maneuvers against Philippine vessels were in violation of the relevant provisions of the 1982 UNCLOS, the Award on the 2016 South China Sea Arbitration, the 1972 COLREGS, and the 2002 ASEAN-China DOC. “The 2016 Arbitral Award is based on UNCLOS and affirms UNCLOS. It is final, legal and binding,” the agency said. The post Phl ‘promise’ to tow away BRP Sierra Madre in Ayungin, not under my Pa’s term – Ejercito appeared first on Daily Tribune......»»
SC affirms but reduces FILSCAP award
The Supreme Court has affirmed the authority of the Filipino Society of Composers, Authors and Publishers, Inc., or FILSCAP, to protect the owners and holders of copyrighted musical works. In a 32-page ruling penned by Associate Justice Ramon Paul Hernando, the court en banc junked the petition filed by Cosac Inc., which sought to set aside the 28 May 2015 decision and 14 January 2016 resolution of the Court of Appeals. The CA decision and resolution upheld the October 2012 and 22 July 2013 orders issued by the Regional Trial Court of Quezon City that ordered the petitioner to pay FILSCAP damages for unpaid license fees and royalties. However, the court modified the CA ruling by lowering the damages awarded to FILSCAP from P317,050 to P300,000. The court also imposed a 12-percent interest per year from 13 February 2006 until 30 June 2013, at the rate of six percent per year from 1 July 2013 until the date of finality of the judgment. It acknowledged that FILSCAP, by authority of the deeds/agreements, represents the owners or holders of copyrighted musical works under its catalog. As the assignee, FILSCAP is tasked to monitor and issue licenses to persons, businesses, establishments, and the like who want to play or perform musical compositions. The court also said that copyright owners are still entitled to be compensated for their creative work, even if it seems trivial or outrageous to collect fees for this purpose. “There is no question that they invested time, creativity, talent, and effort in the creation and development of their compositions,” the court said. FILSCAP is a non-stock, non-profit corporation comprised of composers, authors, and music publishers which is authorized to issue licenses and collect license fees for the public performance of copyrighted musical works under its repertoire, whether for profit or not. It is tasked to enforce and protect the performing rights of copyright owners of musical works. In the case of Cosac Inc., the court found that the restaurant played copyrighted music without obtaining a license from FILSCAP or paying the corresponding fees. The court also found that Cosac’s refusal to secure the license and its continued use of copyrighted music without the requisite performing rights constitute acts of infringement. As a result, the court ordered Cosac to pay FILSCAP the damages and attorney’s fees awarded by the trial court and the appellate court. The court also held that Cosac’s acts did not fall under the limitations and fair use doctrine. The post SC affirms but reduces FILSCAP award appeared first on Daily Tribune......»»
ICC Appeals Chamber affirms authorization to probe killings in the Philippines
“Our work in the communities continues. We will seek (for) more families to speak about their case." The post ICC Appeals Chamber affirms authorization to probe killings in the Philippines appeared first on Bulatlat......»»
‘Ang Lalaki sa Likod ng Profile’ cast reflects on taking risks
Picture this: You’re in a daze, recalling every stolen glance and shared laugh with your special friend, sensing something else there -- something akin to brewing romance. It’s a classic conundrum that may leave you feeling both edgy and thrilled -- and it’s something that Angge (Yukii Takahashi) and Bryce (Wilbert Ross), lead characters of Puregold Channel’s Ang Lalaki sa Likod ng Profile, know only too well. Would you risk it all and bare your feelings, potentially transforming the entire dynamic of your relationship? Would it be worth putting your precious friendship at risk? As Angge and Bryce grapple with the overwhelming urge to declare their feelings, cast members of the hit series Ang Lalaki sa Likod ng Profile ponder on how a leap of faith can lead to true love -- or the loss of a cherished friend. Migs Almendras, who plays Ketch in the digital series, says, “I would not confess, because I value the friendship much more than the idea of being in a relationship with that person.” TJ Valderrama, who stars as Cyrus, learned his own lessons the hard way. “I tried to bare my feelings for the person I liked, but it ended up jeopardizing our friendship. Things turned awkward between us and soon, we weren’t as close as we used to be. These days, when it looks like I’m getting feelings for a friend, I shrug it off or distance myself a little.” Courage can also be a factor, as Anjo Resurreccion, who plays Jerry, puts it, “Being the torpe that I am, I wouldn’t confess my feelings to anyone. I don’t like going through the pain of rejection.” On the other hand, other characters of Ang Lalaki sa Likod ng Profile feel that ‘fessing up is the way to go. Kat Galang, Genski in the series, shares, “There is nothing wrong in expressing how you really feel, especially if it’s something special. I want to be honest to my friend whom I have special feelings for, and I won’t expect anything in return. Plus points kung gusto ka din niya. If not, eh ‘di back to friendship!” Lead actor Yukii Takahashi, Angge in the series, believes that we should be honest with our feelings. “I would let the other person know how I truly feel, and see if something good comes out of it.” Wilbert Ross, who plays Ang Lalaki star Bryce, says there are people who are okay with being friends, and are reluctant to ruin the friendship especially when feelings aren’t mutual. “I think we will be able to sense, even just a little, if our friend has feelings for us too. If this is the case, then why not confess? Maybe it will become something more!” While they have differing views on the issue, everyone agrees that friendship makes for a strong basis for a lasting relationship. Moi Marcampo, who stars as Chili Anne, says, “Every relationship goes through friendship. It’s better that you know each other well before deciding to be together romantically.” To this, Star Orjaliza or Yaya Aimee in ALSLNP agrees. “You need a foundation. You need to get to know each other before you enter the next level.” More cast members talk about friendship being the foundation to a romantic relationship, like TJ and Kat. “Friendship is very important in a relationship. Things become a little easier. Relationships require a lot of work, but if you’re experiencing life and relationships with your lover who is also your friend, it becomes more beautiful,” says TJ. “There is a certain respect that both parties have established as friends, which, for me, is stronger than love,” Anjo affirms. Kat adds, “At the end of the day, the partnership feels more genuine because you know each other on a deeper level than romance.” Marissa Sanchez, who plays Bryce’s mom Bessie, takes it to an even higher level and mentions marriage. “A friendship knows no boundaries, while being in a relationship can be circumscribed. That’s why the advice I always give to young people is: marry a friend.” Yukii affirms this. “If you are dating to marry, your partner should be your best friend, because friendship is the core of any healthy relationship.” Of course, Wilbert has the same perspective. “The best partner is your best friend, someone who will always be there for you, and someone who can rely on you, for better or for worse.” In recent episodes of the digital series, Bryce and Angge have crossed the virtual barrier and become real-life friends. While inclined to keep the status, both characters are finding their growing feelings difficult to deny. Will Angge and Bryce lay their hearts on the line, finally leading to a romantic relationship? Or will factors such as old loves and family affairs get in the way of their love story? Catch the newest episode of Ang Lalaki sa Likod ng Profile on June 24, 7 p.m., in the official Puregold YouTube Channel. The post ‘Ang Lalaki sa Likod ng Profile’ cast reflects on taking risks appeared first on Daily Tribune......»»
Sandiganbayan affirms ex-Biliran execs’ guilt
The Sandiganbayan Third Division has dismissed a motion filed by an ex-Biliran mayor and 12 others to overturn the court’s January guilty verdict in connection with the anomalous procurement of P8 million in medicines and medical supplies in 2010. In a 20-page resolution, the Sandiganbayan cited lack of merit in thumbing down all 13 motions of the defendants to reconsider the courts ruling, which found them guilty of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. Charged with graft were erstwhile Maripipi mayor Noel Albelda; ex-bids and awards committee chairperson Wilma Elairon; vice chairperson Marietta Campollo; committee members Amelia Bacolod and Sonia Alavera; technical working group chairperson Julio Cairo Jr.; TWG members Sergio Mejarito and Tito Cairo; ex-municipal accountant Michelle Quinte; ex-municipal health officer Mary Grace Llever; state auditor Genelito Balila; and private defendants Jerome Capuyan and Cherel Serato who represented Suremeds Marketing. The anti-corruption court handed them jail terms of from six to 10 years. They were also meted the accessory penalty of perpetual disqualification from holding public office. Filed by the Ombudsman in 2017, the case stemmed from the municipal government’s award of a contract to private firm Suremeds for the supply of medicine and other medical equipment amounting to P7.99 million despite several substantial lapses in the procurement process, including irregularities in the dates appearing in the bidding documents. The procurement was funded by the Priority Development Assistance Fund, or pork barrel, of then-Biliran Representative Glenn Chong. State prosecutors also found other procurement irregularities, such as the conduct of a pre-bid conference prior to the issuance of bidding documents, and the sudden change in the date of opening of bids. It was raised while the project was awarded to Suremeds despite its non-submission of performance security. In denying the motion, the anti-graft court said the concerted efforts of all the accused public officials from the start of the procurement process down to its payment to the preferred supplier in connivance with Suremeds through its proprietor, Capuyan, and representative, Serato, were very evident. “The Court is aware that a violation of the procurement laws does not ipso facto lead to a violation of RA 3019. In the present case, however, the prosecution has established not only the defects in the procurement procedure but also the alleged gross inexcusable negligence and manifest partiality on the part of the herein accused,” it said. The post Sandiganbayan affirms ex-Biliran execs’ guilt appeared first on Daily Tribune......»»
Comelec: No extension to SoCE turnovers
The Commission on Elections on Thursday stressed that there should be no extensions in the filing of Statements of Contribution and Expenditures, which is a detailed document of all the contributions and expenditures made by certain candidates during the election campaign. This comes after the Supreme Court ruled against the poll body’s 2016 resolution that stretched the deadline on the filing of SoCEs from 8 to 30 June 2016, right after the 2016 national and local elections, saying that the poll body has committed grave abuse of discretion over the said resolution. “No extensions now on all our deadlines except in highly meritorious circumstances,” Comelec chairperson George Erwin Garcia said. Under Section 14 of the Republic Act 7166 — which was approved back in 1991 — candidates and treasurers of political parties must file their SoCEs “within 30 days after the day of the election.” The said provision barred elected officials and political parties of winning candidates to assume positions without the filing of SoCE, with penalties on the first offense between P1,000 to P30,000 and on the second offense between P2,000 to P60,000, as well as prohibition in assuming public office. The resolution in question — Resolution 10147 — said that the extension of the deadline was due to, among other things, “several requests,” as well as previous rulings that compel the poll body to extend the deadline on the filing of SoCEs both after the 2010 and 2013 elections. Comelec also argued that the extension would help in their probes on possible election overspending. “The simple expediency of not accepting the SoCE if filed beyond the deadline and just imposing a fine is in effect throwing away the evidence of any infraction of the campaign finance rules and unwittingly assisting in hiding the evidence,” the poll body said. However, the Supreme Court argued that such actions “effectively condoned erring candidates and political parties from administrative liabilities, even if the law does not provide any exempting circumstance.” Meantime, the Partido Demokratiko Pilipino Lakas ng Bayan expressed its gratitude to the Supreme Court for taking the party’s position that the Comelec committed grave abuse of authority in granting extensions on the filing of SoCEs. PDP Laban president and Palawan Representative Jose Alvarez said that the High Court’s decision vindicates the party’s decision in June 2016 to challenge Comelec resolution which granted the extension on the filing of SoCE that favored the Liberal Party and its candidates. The Comelec has recognized in a final and executory decision the PDP Laban led by Party chairman Rodrigo Duterte and Party president and Representative Alvarez as the true and legitimate PDP Laban. “We thank the Supreme Court En Banc for taking PDP Laban’s position in this landmark case and we also welcome the statement of the Comelec that it will no longer grant extensions on the filings of SoCEs in compliance with the SC’s decision,” said Alvarez. “The Supreme Court decision voiding Comelec Resolution 10147 affirms the provisions of RA 7166 that states that the Comelec is not authorized to extend the deadline for the filing of SoCE or not beyond 30 days after the polls conclude,” he added. “This decision should serve as a warning to all candidates that they should just comply with laws like RA 7166 and not seek exemptions from the Comelec. Based on the law, candidates who fail to file their SoCEs on or before the deadline cannot assume the elected position that they won,” the lawmaker said. The post Comelec: No extension to SoCE turnovers appeared first on Daily Tribune......»»
CA affirms dismissal of trumped-up case vs. journalist, trade unionist
In a decision dated Jan. 27, CA Associate Justice Lorenzo R. Dela Rosa said that the “granting of the quashal of the search warrants is only proper and just.” The post CA affirms dismissal of trumped-up case vs. journalist, trade unionist appeared first on Bulatlat......»»
CA affirms dismissal of Vhong’s coercion case vs accuser
The Court of Appeals has junked a petition by actor Vhong Navarro to reverse a lower court’s dismissal of a case he filed against one of the men who accused him of raping model Deniece Cornejo in 2014 and allegedly beat him up to get him to admit to it......»»
CTA affirms order for inspection of Smart docs in P3.2-B tax case
MANILA - The Court of Tax Appeals (CTA) en banc has turned down Smart Communications' petition opposing the Makati City government from compelling it to produce and allow inspection of its books and documents in connection with its deficiency tax assessment.In a decision dat.....»»
Sandigan affirms forfeiture case ruling vs Tacloban mayor
The Sandiganbayan has upheld its ruling allowing the inclusion of two foreign investment companies in the civil forfeiture case filed by the Office of the Ombudsman against Tacloban City Mayor Alfredo Romuldez, brother of former first lady Imelda Marcos, and his wife Agnes in connection with their alleged ill-gotten wealth......»»
Emergency protocols in case of bridge collapse sought
Emergency protocols in case of bridge collapse sought.....»»
Bullish amid wars
Two hot wars and a trade war are ongoing......»»