Archive for the ‘Usapang Legal’ Category
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 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
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
A barangay kagawad was arrested by combined police and anti-drug agents in a buy-bust operation on May 11, 2011 in Digos City, Davao del Sur.
Philippine Drug Enforcement Agency (PDEA) Director General Undersecretary Jose S. Gutierrez Jr. identified the suspect as Roy Calingacion y Miro, alias Pakoy, 35 years old, married, a resident of Lapu-Lapu Extension, and an elected barangay Councilor of Barangay Dulangan of the same place. He is included in the PDEA Target List of drug personalities.
Gutierrez said, joint elements of PDEA RO11 led by Director Emerson Rosales, Digos City Police Station, and Provincial Anti-Illegal Drugs Special Operations Task Force (PAIDSOTF) of Davao del Sur Provincial Police Office conducted the buy-bust operation at about 10:30 p.m. along the vicinity of Lapu-Lapu Extension, Zone 3, Digos City, Davao del Sur.
Calingacion was arrested after handling one (1) piece medium size plastic sachet of suspected shabu weighing more or less 0.5 gram to an undercover agent.
Other pieces of evidence confiscated from him were seven (7) pieces of large sachets containing suspected shabu weighing more or less 35 grams; assorted drug paraphernalia; one (1) unit mobile phone used in illegal drug transactions; and the eight (8) pieces P500.00 marked bills used as buy-bust money. He also yielded one (1) unit caliber .45 pistol.
Cases for violation of Section 5 (Sale of Dangerous Drugs), Section 11 (Possession of Dangerous Drugs), Section 12 (Possession of Instrument, Equipment, Apparatus and Other Paraphernalia for Illegal Drugs), and Section 28 (Criminal Liability of Government Officials and Employees), Article II of RA 9165, otherwise known as The Comprehensive Dangerous Drugs Act of 2002, have been filed against the suspect. In addition, the suspect was also charged for violation of RA 8294 (Illegal Possession of Firearms). -30- Director Derrick Arnold C Carreon, Chief, Public Information Office
The Philippine Drug Enforcement Agency (PDEA) denied the involvement of any PDEA agents or personnel in the robbery/hold-up that happened on May 12, 2011 at 11:15 am inside a San Agustin Bus Liner along Agujinaldo Highway, Barangay San Agustin in Dasmariñas City, Cavite.
PDEA Director General Undersecretary Jose S. Gutierrez, Jr. said that based on the investigation conducted by PDEA Regional Office 4A (PDEA RO 4A) in coordination with the Dasmariñas City Police Station, the incident was presumed to have been carried out by an organized robbery group operating in the region and Metro Manila.
In his report to Gutierrez, PDEA RO 4A Regional Director Emerson L. Margate said that a personnel check was made in their office to determine the whereabouts of all personnel during the time of the incident. Margate reported that a General Office Meeting was held on the date and time that the robbery took place. The meeting was attended by all officers and personnel of PDEA RO 4A except for one (1) agent who attended a court hearing and one (1) employee who was on vacation.
News reports in some tabloids alleged that six (6) men who introduced themselves as PDEA agents were behind the robbery/hold-up where more or less Php 9,000,000.00 (P9 million) worth of assorted foreign currency was taken by the perpetrators from three (3) employees of the JSY Money Changer, which is based in Robinson’s Place, Barangay Sampaloc, Dasmariñas City.
Gutierrez expressed gratitude to the Agency’s counterparts from the Dasmariñas police for helping PDEA RO 4A in verifying the incident. He added, the Agency does not tolerate any misdemeanors done by its officers and personnel and that there is also no room for unscrupulous personalities who introduce themselves as PDEA agents when they commit crimes. -30- Director Derrick Arnold C Carreon, Chief, Public Information Office
An arrested female shabu pusher claimed that her supplier gets the illegal drug from a source who is a detainee at the New Bilibid Prison (NBP).
PDEA Director General Jose S. Gutierrez, Jr. said that during investigation conducted by the Philippine Drug Enforcement Agency–Cordillera Administrative Region (PDEA-CAR), suspect Aileen Orcullo Saavedra said that her supplier from Sablan, Benguet travels every now and then from Baguio City to get the illegal drug from a detainee at NBP.
Saavedra, 23 years old, housewife, a native of Zamboanga City and residing at No. 32 Bagong Bayan, Happy Glen Loop, Baguio City, was arrested during a buy-bust operation conducted by operatives of PDEA-CAR near her residence in the evening of May 11, 2011. Seized from her were two sachets of shabu weighing 0.21 grams with a street value of two thousand pesos (P2,000).
Investigation also revealed that Saavedra and her live-in partner who was not identified are responsible for shabu peddling at the Happy Glen Loop Area and their clients are mostly out-of-school youth. Their buyers, according to the investigation, usually order shabu either through text messaging or phone call. The customers then pick the item at the couple’s house.
A case for violation of Section 5 (Sale of Dangerous Drugs), Republic Act 9165, or The Comprehensive Dangerous Drugs Act of 2002, has been filed against Saavedra before the Office of the City Prosecutor-Baguio. -30- Director Derrick Arnold C Carreon, Chief, Public Information Office
Regional Offices of the Philippine Drug Enforcement Agency (PDEA) have intensified operations against high value targets in their respective areas of responsibility.
Past midnight of May 4, 2011, elements of PDEA Regional Office 12 Special Enforcement Unit (SEU) conducted a buy-bust operation against two (2) notorious pushers in the vicinity of Purok Islam, Brgy. Dadiangas South, General Santos City.
A report submitted to PDEA Director General Undersecretary Jose S. Gutierrez, Jr. identified the arrested suspects as Alibai Labturan y Guiamadil and Tato Amino y Laguialot. Both were included in the Watch List of drug personalities in General Santos City.
Labturan was apprehended after handing over two (2) heat-sealed plastic sachets containing suspected shabu to a poseur-buyer. Also recovered from him were various drug paraphernalia and the 500-peso bill marked money. Amino, who was arrested half an hour later, yielded two (2) plastic sachets of suspected shabu and the buy-bust money.
Meanwhile, on the same day, operatives from PDEA Regional Office 4A implemented Search Warrant No. 11-17729 issued by Hon. Judge Ma. Theresa Dolores C. Gomez-Estoesta, 1st Vice Executive Judge, RTC Manila at Unit B, Lot 1, Blk 26, Phase 3, Mabuhay City Subd., Paliparan III. Dasmariñas City, Cavite.
Arrested during the operation were two suspects, identified as Virginia Martinez y Siongo and Nasser Manalocon y Pompo. They were under PDEA’s tight watch prior to their arrests. Confiscated from them were three (3) plastic sachets of suspected shabu. They are now facing charges for violation of Section 11(Possession of Dangerous Drugs), Article II of RA 9165 or the “Comprehensive Dangerous Drugs Act of 2002”.
According to the PDEA Chief, PDEA Regional and Field Offices nationwide have stepped up their intensified campaign against street level pushers while closely monitoring individuals in the Agency Watch List, in accordance with the shift in PDEA’s operational thrusts.-30- Derreck Carreon, PDEA