Archive for the ‘Usapang Legal’ Category
PDEA FILES DRUG CHARGES AGAINST COUPLE FOR PUSHING 100 BRICKS OF MARIJUANA
A Benguet-based couple who sold 100 marijuana bricks now faces drug charges after the Philippine Drug Enforcement Agency (PDEA) filed appropriate case against them for violating the anti-drug law.
PDEA Director General Undersecretary Jose S. Gutierrez Jr. said that the case against Diego Kig-isan, alias Rodrigo Bartolome, 29, and Nelia Tay-og Wagayan, 47, for violation of Section 5, Article II of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, was already docketed at the La Union Provincial Prosecutors Office.
The suspects, who were live-in partners, were arrested by joint elements of PDEA Regional Office 1 (PDEA RO1), under Director Edgar Apalla, and La Union Police Provincial Office on September 3, 2011, through the implementation of OPLAN: BARBASAN. Kig-isan and Wagayan were caught red-handed during a buy-bust operation after selling marijuana bricks weighing 93.6 kilograms to a PDEA poseur-buyer.
Based on the provision of the law, the penalty of life imprisonment to death and a fine ranging from five hundred thousand pesos to ten million pesos shall be imposed on persons violating Section 5, Article II of RA 9165. Evangeline DJ Almenario, Chief, Public Information Office, Philippine Drug Enforcement Agency (PDEA)
PDEA EXPECTS CONVICTION OF ALABANG BOYS
The Philippine Drug Enforcement Agency (PDEA) expects the court to rule in favor of the government and order the conviction of the two Alabang Boys for violation of Republic Act 9165, or The Comprehensive Dangerous Drugs Act of 2002, during the scheduled promulgation of the controversial case on Friday, August 26, 2011.
PDEA Director General Undersecretary Jose S. Gutierrez, Jr. said that the case against Richard S. Brodett and Jorge J. Joseph, are supported by concrete and air-tight evidence enough to prove them guilty in court. Brodett and Joseph were arrested by elements of the PDEA Special Enforcement Service (SES) in Ayala Alabang, Muntinlupa on September 20, 2008 after consecutive buy-bust operations. On the same date, Joseph Tecson, who completed the trio, was arrested in a follow-up operation conducted in Quezon City. The suspects collectively yielded 60 tablets of ecstasy, cocaine and marijuana.
The Alabang Boys are all members of prominent families. It will be recalled that the case of the Alabang Boys’, Brodett, Joseph together with another cohort, Joseph Tecson, stirred up controversies after the families of the accused allegedly used influence and money in an effort to have the suspects released before Christmas of 2008. There were also reports of attempts to bribe PDEA operatives.
The Department of Justice, from state prosecutors to the top officials, were questioned for apparent lapses and improprieties in handling the case. The resolution to release the Alabang Boys was issued by Prosecutor John Resado. Then Senior State Prosecutor Philip Kimpo recommended for its approval and was approved by then Chief State Prosecutor Jovencio Zuno.
The case of the Alabang Boys paved the way for the issuance of Administrative Order 253 in January 2009, directing the automatic review by the Office of the President on all decisions and resolutions involving the dismissal of drug cases. Congress and Senate hearings were likewise held “in aid of legislation”.
The case against Brodett and Joseph was tried in Muntinlupa Regional Trial Court Branch 204, while the case against Tecson is separately being tried in Quezon City Regional Trial Court Branch 227.
Gutierrez revealed words are going around that efforts are being exerted by the family of the Alabang Boys to influence the decision of the court. However, Gutierrez is counting that the presiding judge, Hon. Juanita T. Guerrero of Muntinlupa RTC Branch 204, will decide on the merits of the case and consider the incriminating evidence presented against Brodett and Joseph.
“The PDEA is counting on a guilty verdict for Brodett and Joseph on Friday,” Gutierrez said. PDEA
SURRENDERED SHABU LEADS TO ARRESTOF 18 YEAR-OLD BIG TIME DRUG PUSHER
An 18 year-old big-time drug pusher and his cohort were arrested in a buy-bust operation after selling four sachets of shabu to an agent of the Philippine Drug Enforcement Agency (PDEA) on July 24, 2011 along Misamis St., Sto. Cristo, Bago Bantay, Quezon City.
PDEA Director General Undersecretary Jose S. Gutierrez Jr. identified the suspects as Saber Hayatuddin and Abiya Uyag who yielded 20 grams of shabu worth P360,000.00. Also recovered from Hayatuddin were five Banco De Oro pass books bearing traces of big transactions as indicated in the deposits and withdrawals recorded in the bank documents. Gutierrez revealed that PDEA agents turned down a bribe offered by Hayatuddin and his relative amounting to P500,000.00 in exchange for the release of the suspect.
The arrest of Hayatuddin, according to Gutierrez, resulted from a series of surveillance operations conducted by PDEA agents after one taxi driver surrendered 1.9 kilos of shabu concealed in a black back-pack left by passengers in the compartment of his taxi on July 8, 2011.
Based on the sworn statement of the taxi driver whose identity was not disclosed for his personal safety, he was hired by a young man on or about nine o’clock in the evening on July 7, 2011 to transport small pieces of furniture and personal stuff.
The young man did not ride the taxi, however, his companions, two young women got in and requested the taxi driver to take them to a new apartment somewhere in Quezon City. After unloading their personal effects, the two women requested the taxi driver to take them to SM North Edsa.
It was hours later that the taxi driver discovered that a black back-pack was left in his compartment. Investigation disclosed that Hayatuddin is the same person who owned the black back-pack containing 1.9 kilos of shabu surrendered by the taxi driver. Raffy Rico/ Jimmy Camba
KC LEADERSHIP 2011-2012 KICKS OFF
Leadership is an important function of management which helps to maximize efficiency and to achieve organizational goals.
On 17 July 2011, Sunday, 4:00 in the afternoon, a new leadership will be written in the history of the Knights of Columbus Manila Council 1000 with Luzon Deputy Arsenio Isidro G. Yap as the guest of honor and speaker. With the theme: “I Am My Brothers Keepers,” the Installation of the 2011-2012 Officers and Induction of Service Directors and Committee Chairmen will be held at the KCMC 1000 Gymnasium, Gen. Luna corner Beaterio Sts., Intramuros, Manila.
The programme consists of three parts Fraternal Mass, Installation Proper, and Fraternal Dinner and Entertainment. The turnover of Gavel of Authority and Flag of responsibility as well as the awarding of PGK pin and PGK jewel to the outgoing Grand Knight will be headed by Bro. Diosdado A. Sapo; while Bro. Efren Edgard P. Dieta, PGK will serve as the Master of Ceremony.
“With this my brother-knight, we would like to enjoin you and your family to be our inspiration and strength in committing ourselves to perform our respective tasks with utmost pride and excellence,” Grand Knight Sapo cited on his invitation letter to witness the event.
“Indeed seeing you and your beloved family exchange sweet smile among our fellow Brother-Knights on this momentous event will be highly appreciated,” Sapo added.
According to www.managementstudyguide.com, some points to justify the importance of leadership in a concern are initiate action, motivation, providing guidance, creating confidence, building morale, builds work environment, and coordination.
These are the keys for the continuous success and blessings received by the Knights of Columbus, which started by the KoC founder Fr. George J. Willmann. Yen Ocampo
KC Supreme Secretary passes away
The Knights of Columbus in the Philippines express their deepest condolences to the death of Supreme Secretary Emilio B. Moure.
The Supreme Secretary of the Order of the Knights of Columbus died shortly yesterday after battling cancer at the age of 54.
Moure was born in Havana, Cuba but at early age he was moved to United States together with his family. He graduated with the degree of Bachelor in business administration with a major in accounting from the University of Long Beach and a master’s degree in business administration with a concentration in executive management from the University of La Verne.
Moure joined the Knights in January 1985, and was a member of James Cardinal McIntyre Council 6332 and Santiago de Compostela Assembly in California. He began working at the Supreme Council headquarters in April 2007 as Executive Vice President for Business Process Management. In October 2009, he was appointed as Supreme Treasurer, and then in September 2010 he was named Supreme Secretary.
Moure used his talents to organize and implement the Order’s Hispanic programs, such as the Marian Congress on Our Lady of Guadalupe and the Guadalupe Festival; and he was also instrumental in forging the Order’s relationship with the Global Wheelchair Association, which provides free wheelchairs to needy individuals around the globe.
Meanwhile, Supreme Knight Carl A. Anderson described Moure as a trusted colleague and a good friend who always had the growth and welfare of the Order at heart. Anderson added that they will miss Moure’s wise judgment, collegiality, kindness and deep faith with the Lord.
Moure is survived by his wife of 31 years, Rebeca, their two sons, and two grandchildren.
The Mass of Christian Burial will be offered by Supreme Chaplain, Bishop William E. Lori of Bridgeport on Tuesday July 26, at 10:00 a.m. at St. Mary’s Church in New Haven. A memorial service will also be held on Thursday, July 28 at 6:30 p.m. at Santiago de Compostela Church in Lake Forest, CA. Yen Ocampo
HEART CENTER HAS 1 YEAR TO REDEEM PROPERTY
The Quezon City government has given the Philippine Heart Center (PHC) more time to recover from its tax payment problem.
City Administrator Victor Endriga disclosed that the PHC had been given a one-year redemption period to buy back its property which was sold to the QC government during an auction last July 7.
Endriga said that the QC government had placed into public sale PHC due to its repeated failure to pay the P46,098,246.62 real property tax due despite several warrants of levies sent to the hospital.
However, the city administrator stressed that the QC government is not after taking over the hospital. What the QC Hall is really after is the payment of the real property tax that could be utilized by Mayor Herbert M. Bautista’s administration in worthwhile projects, especially better medical and health services to the city residents, Endriga said.
According to Endriga, the city government, through Mayor Bautista, had already extended a helping hand to the PHC to settle the payment problem by entering into Memorandum of Agreement (MOA) with the PHC in providing medical care services to city residents in lieu of payment of the monetary value of their tax obligations.
Earlier, he said that the PHC had entered into a MOA thru its Officer-In-Charge Dr. Jose Yulde for a P10 million worth of medical care services for QC residents, however, it was not honored by the hospital’s present Executive Director Dr. Manuel Chua Chiaco Jr.
“The QC government is amenable to a settlement of the PHC’s tax obligation by providing their services to the city’s poorest of the poor. We already negotiated for this move, however it was not given attention by the present officials of the hospital. We even asked for a counter proposal on how to resolve the problem if they would not be able to accommodate the P10 million MOA,” the city administrator said.
Endriga cited the case of National Kidney and Transplant Institute (NKTI) which entered into P5 million worth of medical care services annually to settle their real property tax issue.
“The city government is willing to renegotiate for the MOA with the PHC in order to finally address the issue on tax delinquency of the hospital. What we are waiting for is to see the PHC officials submit their proposal on the matter,” he said.
He warned that once the issue was not settled on time and the one-year period lapsed, then the city government will be obliged to take over the hospital to offer medical and health services to city residents. Maureen Quiñones, PAISO
Solon cites Casimiro as acting Ombudsman
CONTRARY to reports about the snail-paced Office of the Ombudsman, a party-list lawmaker yesterday cited Acting Ombudsman Orlando C. Casimiro’s performance who was able to give proper action to 3,840 out of 3,854 cases which have been pending in the anti-graft body for the last six years.
This was revealed yesterday by Ang Kasangga party-list Rep. Teodorico Haresco as he lauded Casimiro for giving a renewed image for the Office of Ombudsman which would help defeat corruption in the government.
“I think that this is a good sign. It looks like we now have an Acting Ombudsman who actually devotes time and energy to solve the backlog problem of the Office of the Ombudsman. The speedy disposition of cases without compromising thoroughness and fairness is certainly a positive development at the Office of the Ombudsman. I’m not surprised, however, because from what I hear, Acting Ombudsman Casimiro reports to work as early as 6:30 a.m. every day,” said Haresco.
According to the latest accomplishment report issued by the Office of the Ombudsman, he said the anti-graft body managed to dispose or give appropriate ruling on 3,840 cases representing 99.6% of the 3,854 pending cases in just a little more than a month that Casimiro holds office as acting Ombudsman.
“This is a classic example of the old Filipino adage: Pag gusto may paraan, pag ayaw maraming dahilan,” said Haresco.
With his assumption as Deputy Ombudsman, Casimiro immediately suspended Deputy Ombudsman Emilio Gonzales from further performing official and administrative functions for the Deputy Ombudsman for the Military and Other Law Enforcement Offices, an act that should have been done shortly after he was accused of extortion during the bloody Rizal Park hostage-taking incident.
Casimiro ordered the six-month preventive suspension of former Congressman Prospero Pichay Jr., chair of the Board and Trustees of the Local Water Utilities Administration (LWUA), for the alleged unlawful investment of P780-Million LWUA funds in the Express Savings Bank Inc., (ESBI), a private banking institution. -30- Ryan Ponce Pacpaco, Journal Online
http://www.journal.com.ph/index.php/news/national/6910-solon-cites-casimiro-as-acting-ombudsman
BIR INFORMER RECEIVED THE REWARD
Quezon City, May 31, 2011 – The Bureau of Internal Revenue today awarded the cash bounty to the informer who led police authorities to the capture of gunman Armando Cariño who shot to death Revenue District Officer Marcelino Yap.
The BIR official was gunned down in cold blood while he was on his way to work in Marikina last February 17, 2011. Cariño was positively identified by his nephew, Andy, as the triggerman in the slaying which happened right in front of the BIR official’s office.
Commissioner Kim S. Jacinto-Henares handed over the P500,000.00 cash to the unnamed informer in the presence of police officials – Police Superintendent Christopher Laxa and Police Chief Inspector Agosto Daskeo – and BIR Financial Service Assistant Commissioner Zenaida B. Chang. (reytdlc)
ACTING OMB CASIMIRO ORDERS THE FILING OF CRIMINAL CHARGES TO FORMER MAYORS
Acting Ombudsman Orlando C. Casimiro ordered the filing of criminal charges against an incumbent mayor, four former mayors and four others before the Sandiganbayan for various offenses.
In separate Resolutions, Acting Ombudsman Casimiro ordered the filing of charges for Violation of Sec. 3(e) of RA 3019 (Anti-graft and Corrupt Practices Act) against Mayor Delfin Ting of Tuguegarao City.
Charges for violation of RA 3019 were also ordered filed against former Lucena City Mayor Ramon Talaga, Jr., Zoning Administrator Peter Palamiano, and Managing Head, Bingo Dept., PAGCOR, Marizmelda Dugayo. Meanwhile, an information for Violation of Sec. 52 (g) in relation to Sec. 6 9b) of RA 8291 (The Government Service Insurance System Act of 1997) was ordered filed against former Mayor Antonio Talaue, Municipal Treasurer Efren Guiyab and Municipal Accountant Florante Galasinao, all of Sto. Tomas, Isabela. On the other hand, former Calauag Mayor Eric Entienza was ordered charged with violating Article 171, of the Revised Penal Code (Falsification of Public Document). Finally, an information for violation of Article 237 of the RPC, (Prolonging Performance of Duties and Powers) was ordered filed against former Mayor Jorge Bernardo of Morong, Rizal before the Sandiganbayan.
The complaint against Ting stemmed from the unlawful demolition of the Tuguegarao City Central Public Market, “even though what he was only authorized to do under Resolution No. 053-2008, the resolution approving CDC (City Development Council) No. 04-2008, was to upgrade” the facility.
The complainant said this caused undue injury to the government and the public because the cost of demolished portion is only more than P16M while the book value of the property before its demolition is almost P24M.
Talaga, Palamiano and Dugayo were ordered charged for having allowed BCQ Enterprises to operate traditional bingo games despite the fact that it did not have the necessary Mayor’s Business Permit and despite BCQ being delinquent in the payment of business and tax dues. Likewise, the accused were found to have issued a belated Mayor’s permit to BCQ ignoring the fact that it violated the regulation that no such establishment should be operating within 200 meters of any school or church.
Records showed that from January 1, 2005 to Sept. 28, 2005 or for nine months, BCQ has been operating Bingo games without the necessary Mayor’s Business Permit “yet, the respondents PAGCOR officials did not suspend/cancel BCQ’s GOA (Grant of Authority)”.BCQ was later issued a Mayor’s permit on Sept. 29, 2005 even though it “is located within the prohibited 200 meter radius from educational and religious institution” in violation of Sec. 29 of the Codified Ordinance of Lucena City.
On the other hand, GSIS filed a complaint against Talaue, Guiyab and Galasinao for failure, depite repeated demands, to pay, remit and deliver the GSIS compulsory premium arrearages, for the years 1997 to 2004, in the aggregate amount of more than P22M as of July 2004.
In another case, Entienza was charged with Falsification for issuing a certification dated 11 February 2009 certifying that Annaliza de Torres Prudente, his former live-in partner, was employed as a Property Custodian of the Municipality of Calauag from 15 Aug. 2008 up to the issuance of certification, when Prudente has never been employed in the said municipality. The certification was issued as supporting document of Prudente’s visa application.
Bernardo was charged with Violation of Art 237 of the RPC for continuing to sign/approve disbursement vouchers releasing government funds in his capacity as Local Chief Executive from 20 April 2004 to 24 May 2004 totaling more than P5.4M despite his assumption as Member of the Commission on Settlement of Land Problems (COSLAP) effective 19 April 2004.Upon the assumption of duties with COSLAP, Bernardo no longer had the authority to act on these official documents. ATTY. MARY RAWNSLE V. LOPEZ, Office of the Overall Deputy Ombudsman/Acting Ombudsman
OMB SENTENCED FORMER MAYOR IN COMPOSTELA VALLEY
The Office of the Ombudsman has won another case after the Sandiganbayan sentenced a former mayor in Southern Philippines to suffer the penalty of six to ten years of imprisonment for each violation, stemming from overpriced medicines in 2004.
Found guilty for violations of Section 3 (e) and (g) of the Republic Act 3019 (Anti-Graft and Corrupt Practices Act) was Salvador S. Jauod, Sr., past municipal mayor of Montevista, Compostella Valley.
In a 40-page decision penned by Associate Justice Jose R. Hernandez, the Sandiganbayan’s Fourth Division ruled that Jauod also has to suffer perpetual disqualification from holding any public office.
Associate Justices Gregory S. Ong and Maria Cristina J. Cornejo concurred with Hernandez’s ponencia.
Jauod was likewise directed to pay the local government of Montevista the amount of P6,356,763.44.
The case stemmed from a complaint which revealed that Jauod gave unwarranted benefit to DMI Medical Supply, owned by one Gina Marie Mendoza-Espejo, by procuring medicines worth P9,999,973.40.
The complaint revealed that the medicines were overpriced by P6,356,763.44 after considering a price variance of 10% which caused too much damage and prejudiced to the local government.
Records showed that from October 2003 to March 2004, two purchases were made and the money used in the acquisitions was taken from the Priority Development Assistance Fund (PDAF) of Senator Ramon Revilla for the town’s ‘Botika ng Barangay’project.
It was noted in the complaint that both purchases was made through direct contract because the members of the Bids and Awards Committee (BAC) did not conduct any public bidding for the said procurement.
Witnesses presented by the Office of the Ombudsman’s prosecution panel led by Dir. Ireneo M. Paldeng testified that the first batch of medicines include two boxes containing 144 bottles of vitamins which were already expired upon delivery, while the second batch includes medicines which were to expire within six months from the time of delivery.
It was further revealed that some medicines had expiry dates of less than 2 years from the time of distribution, in violation of the Revised Manual on Inspection under Commission on Audit (COA) Memo No. 98-023 which mandates that “the expiry date of medicines should not be earlier than two years from the date of delivery.”
A price comparison also showed that the prices offered by the DMI to the Montevista town were much higher than the prices of medicines submitted to the Philippine International Trading Corporation (PITC).
The ruling said that Jauod “should have acted immediately when he was informed of the medicines that have expired and those that were about to expire upon delivery.”
“Judging from the manner he discharged his duties, he omitted to act in a situation where there is duty to act, not inadvertently, but willfully and intentionally with a conscious indifference to the consequences,” the decision held.
It also stressed that Jauod’s repeated failure to exercise his functions as required from public officers amounted to gross inexcusable negligence. HON. JESUS A. MICAEL, Deputy Special Prosecutor
