MORE Power investigates alleged & lsquo;sabotage& rsquo; causing electricity disruptions in Iloilo City
More Electric and Power Corp. said it is investigating the possible “sabotage” of its distribution facilities that led to the extended unscheduled power interruptions in Iloilo City over the weekend......»»
Cebu quarrying causes floods, says city council
The Cebu City Council has urged various City Hall departments to submit evaluation reports on areas affected by flooding, including infrastructure and drainage systems made as steps to mitigate the impact. This, as a council member disclosed that the alleged “unabated” quarrying in the upland barangays of the city is causing the flooding to low-lying areas in the city. North district City Councilor Mary Ann delos Santos in her resolution, stressed that while she is not against land development especially for the hinterlands, “the use and development of these particular areas should be made in such a manner that it does not adversely affect the natural flow of runoff water from the hinterland to the lowlands.” “Waters as high as five feet came rushing at the pressures that toppled retaining walls and similar structures,” she added. The resolution, which was adopted by the City Council directed the Cebu City Disaster Risk Reduction and Management Office, the Department of Engineering and Public Works, Office of the Building Official and Cebu City Environment and Natural Resources Office to provide evaluation reports. “The deluge not only caused hours of city-wide traffic, damage to property and injury to persons, but worse, it left an insurmountable fear and trauma upon the affected residents,” Delos Santos said. She also asked if developers of housing and quarrying projects in the mountain barangays submitted drainage impact assessment and strategies to the departments concerned, such as the DEPW, OBO and CCENRO. Delos Santos insisted that “an honest-to-goodness” study of the assessment results, as well as inspections were conducted before the projects started. The CCDRRMO had P450,331,161.40 budget allotment for 2023 for preparedness, prevention and mitigation infrastructure works. The post Cebu quarrying causes floods, says city council 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......»»
When it is worth it, don’t give up
The Rules of Court are explicit that a Second Motion for Reconsideration or MR of a judgment or final resolution, filed by the same party, shall not be allowed. However, the rule against Second MR is subject to narrow exceptions anchored on the higher interest of justice — Section 3, Rule 15 of A.M. No. 10-4-20-SC (Internal Rules of the Supreme Court) provides: Section 3. Second motion for reconsideration. — The Court shall not entertain a second motion for reconsideration, and any exception to this rule can only be granted in the higher interest of justice by the Court en banc upon a vote of at least two-thirds of its actual membership. There is reconsideration “in the higher interest of justice” when the assailed decision is not only legally erroneous but is likewise patently unjust and potentially capable of causing unwarranted and irremediable injury or damage to the parties. xxx On 6 December 2022, the SC en banc issued a Resolution for the consolidated cases of Republic v. Romero II (G.R. 209180) and Romero v. Romero II (G.R. 209254), finding sufficient cause to grant a Second MR. As a background, in 1998, Mr. Romero filed a petition for a declaration of nullity of marriage against his spouse before the Regional Trial Court of Quezon City. The RTC granted the petition and declared the marriage between the spouse null and void ab initio on the ground of psychological incapacity. This was affirmed by the Court of Appeals. The Republic and Ms. Romero filed separate petitions for review on certiorari before the SC. The petitions were then consolidated. As it was, the Supreme Court granted the consolidated petitions, and cited Republic v. CA and Molina, in holding that the three essential elements of psychological incapacity have not been established, namely: gravity, incurability, and juridical antecedence. In his First MR, Mr. Romero argued that the allegations raised by his spouse and the Republic were contrary to the evidence on record. Subsequently, Mr. Romero filed a Manifestation and Supplement to the First MR, where he averred that the Metropolitan Tribunal had declared his canonical marriage with his spouse null and void. However, the relevant Canonical Judgment was not annexed to the Manifestation due to the alleged disclosure restrictions imposed by the Archdiocese of Manila. The First MR was thus denied. Later, Mr. Romero filed his Motion for Leave to Admit Second MR, and the Second MR, where he explained that the prohibition which prevented him from submitting the Canonical Judgment to the Court had been lifted. The Court then remanded the consolidated petitions to the CA to establish the authenticity of the Canonical Judgment. The CA later declared that the authenticity of the Canonical Judgment and the Decree of Finality has been duly established. In September 2022, the SC Special First Division granted Mr. Romero’s Manifestation with Alternative Motion to refer the Second MR to the Court En Banc. Thus, the 2022 Resolution was issued reconsidering the previous decision, in light of the recent ruling in Tan-Andal v. Andal (G.R. 196359, 11 May 2021) and with due consideration of the Conclusion of the Canonical Judgment and the Decree of Finality which have been authenticated before the CA. The High Court stressed that giving due course to the Second MR is necessary “to prevent the continued misapplication of the Molina guidelines, which… have been carefully clarified and recalibrated by the Court en banc in the supervening case of Tan-Andal.” The Court explained that the ruling in Tan-Andal is an extraordinary and compelling circumstance that justified the admission and consideration of the Second MR to avert a legally erroneous and patently unjust outcome, as the clarified guidelines set forth in Tan-Andal significantly impact the manner through which psychological incapacity may be established. Mr. Romero did not give up. He fought a good fight — initial adverse resolution notwithstanding. Not only did he succeed in somewhat reconciling canonical laws with civil law, but he also regained his freedom against a shackling marriage. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post When it is worth it, don’t give up appeared first on Daily Tribune......»»
Solon seeks probe vs alleged NIA’s ‘institutional corruption’
Senator Raffy Tulfo lambasted several incomplete projects of the National Irrigation Administration due to alleged “institutional corruption” by its contractors, causing trouble to the country’s irrigation program. Amid corruption issues, Tulfo is urging his colleagues to conduct an inquiry on NIA’s “wastage of billions of pesos” for irrigation development and restoration. “I won’t hesitate anymore and I will expose that the government is wasting billions of pesos with NIA,” said the senator on Wednesday. He also stressed that the government-owned and controlled irrigation corporation has been given a total budget of P121 billion for the past six years. Tulfo lamented NIA has started several projects with its contractors in the last five years and yet, despite having the Notice to Proceed, none was ever completed until now. While NIA said it did not release the full amount to contractors, Tulfo said there was no reason for the department to hold the budget intended for addressing the needs of the farmers such as farm machinery, fertilizer subsidies, and livelihood capital. “Aside from this, NIA did not publicize some contracts,” said Tulfo, stressing the importance of public bidding as he criticized the underperformance of the NIA’s contractors despite continuously awarding them with projects for irrigation projects. “This is an undeniable red flag of institutional corruption. We give these contractors the people’s tax money and they just give us falsified reports of their accomplishment to help them in corruption,” Tulfo said. The lawmaker identified the four contractors allegedly being favored by NIA which include Oscar Sarmiento Construction Inc. (Sta. Mesa, Manila), R.D. Interior Junior Construction (Quezon City), J.D. Construction and Supply (Makati City), and Brostan Construction (Caloocan City). “These are just among contractors that have been continuously awarded with projects by NIA despite not finishing their contracts,” said the senator. Tulfo said some of these contractors were even put on the blacklist by NIA. He said his office obtained documents, revealing that these contractors are just changing their company names which allow them again to join in the government’s bidding process after being blacklisted. He added there are also “ghost projects” worth P890 million, mostly in Mindanao, that were funded by the government, yet even a groundbreaking never happened. “There appears to be a wide-scale corruption scheme that has persisted for far too long,” said Tulfo, adding that there is a need to investigate the matter and make responsible individuals accountable for the corruption. “Our government is fighting for every peso of revenue, and we keep on increasing taxes for everyone, while we waste so many funds feeding corruption and ‘padrino systems’ in government infrastructure programs,” Tulfo said. The post Solon seeks probe vs alleged NIA’s ‘institutional corruption’ appeared first on Daily Tribune......»»
Tulfo calls for Senate inquiry on NIA, names `favored’ contractors
Senator Raffy Tulfo lambasted several incomplete projects of the National Irrigation Administration due to alleged “institutional corruption” by its contractors, causing trouble to the country’s irrigation program. Amid corruption issues, Tulfo is urging his colleagues to conduct an inquiry on NIA’s “wastage of billions of pesos” for irrigation development and restoration. “Hindi na po ako magpapaligoy-ligoy at isisiwalat ko na ang gobyerno ay nagwawaldas ng bilyun-bilyong piso sa National Irrigation Administration (I won’t hesitate anymore and I will expose that the government is wasting billions of pesos with NIA),” he said in a press statement on Wednesday. He also noted that the government-owned and controlled irrigation corporation has been given a total budget of P121 billion for the past six years. Tulfo lamented NIA has started several projects with its contractors in the last five years. Despite having the “Notice to Proceed,” none was ever completed until now. While NIA said it did not release the full amount to contractors, Tulfo said there was no reason for the department to hold the budget intended for addressing the needs of the farmers such as farm machinery, fertilizer subsidies, and livelihood capital. “Bukod dito, meron pang mga kontrata kung saan sinadya nilang hindi ipakita sa publiko kung sino ang nanalo (Aside from this, NIA did not publicize some contracts),” he added, stressing the importance of public bidding. Tulfo also criticized the underperformance of the NIA’s contractors despite continuously awarding them with projects for irrigation projects. “This is an undeniable red flag of institutional corruption. We give these contractors the people’s tax money and they just give us falsified reports of their accomplishment para matulungan silang may makurakot (to help them in corruption),” he said. Tulfo also named four contractors allegedly being favored by NIA including Oscar Sarmiento Construction Inc. (Sta. Mesa Manila), R.D. Interior Junior Construction (Quezon City), J.D. Construction and Supply (Makati City), and Brostan Construction (Caloocan City). “Iilan lamang to sa mga contractor na inyong makikita ngayon na nakatanggap ng ibat-ibang proyekto mula sa NIA sa kabila ng kanilang paulit-ulit na hindi pagtapos ng kanilang kontrata (These are just among contractors that have been continuously awarded with projects by NIA despite not finishing their contracts),” he said. Tulfo said some of these contractors were even put on the blacklist by NIA. He said his office obtained documents, revealing that these contractors are just changing their company names, allowing them again to join in the government’s bidding process after being blacklisted. He added there are also "ghost projects” worth P890 million, mostly in Mindanao, that were funded by the government, yet even a groundbreaking event never happened. “There appears to be a wide-scale corruption scheme that has persisted for far too long,” he said, stressing the need to investigate the matter and make responsible individuals accountable for the corruption. “Our government is fighting for every peso of revenue, and we keep on increasing taxes for everyone, while we waste so many funds feeding corruption and ‘padrino systems’ in government infrastructure programs,” he maintained. Tulfo said the NIA also found 28 projects with substandard construction and other anomalies. The post Tulfo calls for Senate inquiry on NIA, names `favored’ contractors appeared first on Daily Tribune......»»
Revilla seeks probe on PNP execs’ part in P6.7-B shabu haul
As the authorities are not letting their guard down on the possible involvement of more high-ranking cops in the P6.7-billion shabu haul last year, Senator Ramon Revilla Jr. called for a senate inquiry on the matter. Revilla filed Senate Resolution No. 564 earlier this week, directing the proper Senate committees to conduct a legislative inquiry against the alleged involvement of more Philippine National Police officials in operating illegal drugs. To recall, PNP Chief Rodolfo Azurin Jr. approved on 6 March the dismissal from the service of Master Sgt. Rodolfo Mayo Jr., a member of the PNP Drug Enforcement Group and was arrested along with nine others, in a buy-bust operation in Manila, which led to the seizure of 990 kilos of methamphetamine hydrochloride locally, known locally as shabu, in October last year. In developments, Interior Secretary Benjamin Abalos on 5 April revealed that more police high-level officials are linked to the illegal distribution of P6.7-billion worth of shabu. Abalos said there was a "massive attempt" from the PNP to cover up Mayo's arrest and the seizure of P6.7 billion worth of illegal drugs. Revilla said this incident could put a stain on the police organization's efforts against criminalities. He then cited in his resolution the need to further investigate the matter so that the authorities can lay down a system that would prevent a repeat of the same scenario wherein cops are being tagged in illegal trading activities, particularly drug operations. Based on the testimonies of several personalities and other pieces of evidence gathered by the fact-finding investigation of the National Police Commission, Revilla stressed that doubts come out on Mayo’s sole involvement. The report also suggested that he may not have acted alone. "Sec. Abalos thus far has risen to the occasion and stepped up to this big challenge," he added. In CCTV footage played during Abalo's recent press briefing, it showed that high-ranking PNP officials were present during the conduct of the buy-bust operation. Abalos claimed that video footage depicts way far from the reports and statements submitted by the PNP. Revilla, in response, said they must be put into proper interrogation and "let the criminal face the consequences." Among those seen in the footage identified as Lt. Gen. Benjamin Santos Jr., who was then Deputy Chief PNP for Operations; Brig. Gen. Narciso Domingo, PDEG director; Col. Julian Olonan, chief of PNP Drug Enforcement Group Special Operations Unit Region 4A; Capt. Jonathan Sosongco, head of the PDEG SOU 4A arresting team; Lt. Col. Arnulfo Ibañez, OIC of PDEG SOU National Capital Region; Maj. Michael Angelo Salmingo, deputy of PDEG SOU NCR; Lt. Col. Glenn Gonzales of Quezon City Police District; Lt. Ashrap Amerol, intelligence officer of PDEG Intelligence and Foreign Liaison Division; Lt. Col. Harry Lorenzo, Manila Police District Moriones Station Commander; and Captain Randolph Piñon, chief of PDEG SOU 4A Intelligence Section. The Senate Committee on Public Order and Dangerous Drugs previously cited two PNP-PDEG agents in contempt during a hearing on 15 March, “lying and causing confusion to the panel” during the discussion on the issue of sneaking out a portion of the seized 990 kilos of illegal drugs. The PNP PDEG officials and the buy-bust team were also present in the hearing. The post Revilla seeks probe on PNP execs’ part in P6.7-B shabu haul appeared first on Daily Tribune......»»
MORE Power investigates alleged & lsquo;sabotage& rsquo; causing electricity disruptions in Iloilo City
More Electric and Power Corp. said it is investigating the possible “sabotage” of its distribution facilities that led to the extended unscheduled power interruptions in Iloilo City over the weekend......»»
Ombudsman junks case vs suspended Tabuk City, Kalinga mayor
Tabuk City, Kalinga province Mayor Darwin Estranero will be back to work on April 1 after the case filed against him in connection to the alleged overpricing of medical equipment for his town was dismissed by the Office of the Ombudsman......»»
Iloilo City fish vendor arrested; P4 Million shabu seized
Iloilo City fish vendor arrested; P4 Million shabu seized.....»»
Mayor Uy posts cryptic messages amid Igacos power problems
ISLAND Garden City of Samal (Igacos) Mayor Al David Uy posted cryptic messages regarding the power crisis in Igacos......»»
State of calamity declared in Iloilo due to pertussis
Iloilo City was placed under a state of calamity yesterday due to an outbreak of pertussis......»»
Belmonte: No tolerance for corruption
Quezon City Mayor Joy Belmonte yesterday reiterated her zero-tolerance policy against corruption following the arrest of an official for alleged extortion......»»
One more city in Philippines declares pertussis outbreak
MANILA, March 25 (Xinhua) -- The government of Iloilo, a city in central Philippines, on Monday declared an outbreak of pertussis after it confirmed seven out of 15 reported cases, the City Disaster Risk Reduction and Management Council said. Iloilo is the third city to declare an outbreak of pertussis, or whopping cough, after Quezon and Pasig, two cities in the capital region, announced last week that they hav.....»»
Iloilo City declares state of calamity due to pertussis outbreak
Iloilo City declares state of calamity due to pertussis outbreak.....»»
Davao police clueless on Quiboloy’s whereabouts
DAVAO CITY (MindaNews / 24 March) — Police authorities in the Davao region claim they are still clueless on the whereabouts of Pastor Apollo C. Quiboloy. The Senate had earlier ordered the arrest of Quiboloy for his continued refusal to attend its investigation of alleged human trafficking and child abuse. Police major Catheine Dela Rey, Police […].....»»
Army troops kill BIFF training officer in Maguindanao clash
CAGAYAN DE ORO CITY (MindaNews / 25 March) – Philippine Army troops killed an alleged ranking member of the Bangsamoro Islamic Freedom Fighters (BIFF) during an encounter in Maguindanao del Sur last Friday. Brig. General Jose Vlademir Cagara, commander of the Army’s 1st Brigade Combat team, said troops killed Abu Halil, a training officer of the […].....»»
Davao City Council moves hearing on traffic-causing road construction works
DAVAO CITY (MindaNews – 26 March) – The Davao City Council rescheduled to Tuesday, April 2, the second hearing on the suspended road construction works in the locality after key officials from the Department of Public Works and Highways (DPWH) – Davao region failed to show up Friday. The DPWH-Davao key officials are reportedly in […].....»»
One more city in Philippines declares pertussis outbreak
MANILA, March 25 (Xinhua) -- The government of Iloilo, a city in central Philippines, on Monday declared an outbreak of pertussis after it confirmed seven out of 15 reported cases, the City Disaster Risk Reduction and Management Council said. Iloilo is the third city to declare an outbreak of pertussis, or whopping cough, after Quezon and Pasig, two cities in the capital region, announced last week that they hav.....»»
DCPO debunks alleged kidnapping
THE alleged kidnapping incident at R. Castillo, Agdao, Davao City on the evening of March 19, 2024, has been confirmed as untrue......»»
Drug suspect slain in Davao sting
An alleged major drug trafficker was killed in a sting in Davao City on Saturday......»»