Monday, November 17, 2008

Motion filed to resolve case of missing activist

LA TRINIDAD, Benguet -- Lawyers of the Balao family and the Cordillera Peoples’ Alliance filed a motion last week with the Regional Trial Court to submit the case for resolution regarding their petition for the writ of Amparo in relation to the search for activist James Balao who was believed abducted here by the military.

Lawyer Jennifer Asuncion of the Free Legal Assistance Group said the “motion was filed because the writ of amparo is summary in nature. We want to get through this process quickly because the life, liberty and security of James Balao is a very urgent matter.”

The motion stated that the Balao family and the CPA rested their case and have agreed to accept the witnesses affidavits of the respondents as their testimony thus, waving their right to cross examine the respondents' witnesses.

The motion requested that RTC judge Galacgac of Branch 63 cancel the hearing on Nov. 27 and come out with a resolution on the petition.

“During the last hearing, the Balao family, CPA and Cordillera Human Rights Organization were heavily disappointed by the delay in the case forced at the last hearing by the Office of the Solicitor General,” said Jude Baggo, CHRA secretary general.

With the motion filed last Nov. 13, they now await the court’s decision. Balao, a founding member of the CPA and president of the Oclupan Clan Association was abducted Sept. 17 in Lower Tomay, Benguet.

On Oct. 8 the Balao family and Beverly Longid, the chairperson of the CPA, filed a petition for the writ of amparo, praying the court to, “issue a writ of amparo ordering the respondents to disclose where James Balao is detained or confined, to release James Balao considering his unlawful detention and to cease and desist from further inflicting harm upon his person.”

It was hoped that the writ of amparo, a special legal measure created by Chief Justice Puno last year to assist in cases where a person's life, liberty and security are in immediate risk, would finally force James Balao's abductors to surface him.

On Oct. 30, during the second hearing, petitioners presented the last of their witnesses and rested their case.

The OSG, representing all the 13 respondents, including President Gloria Macapagal-Arroyo and the highest ranking officials of the Philippine National Police and the Armed Forces of the Philippines, requested a third hearing in order to present the witnesses of respondents.

The third hearing was scheduled Nov. 27, forcing the Balao family to wait another month for the proceedings to continue.

If the writ is granted, it will allow the Balao family access to PNP and AFP camps and other specified places in their search for James.

Since the abduction the Balao family has attempted to search camps in the Cordillera, Region 1 and the National Capital Region.

On Oct. 28 the Chairperson of the National Commission on Human Rights, Leila de Lima, issued a mission order to her staff to aid the Balao family in their camp searches, facilitating better access.

However, even when they were accompanied by CHR staff, the Balao family's access to PNP and AFP camps has continued to be restricted. -- AD

‘Bribe’ mars Ifugao fertilizer fund works


By Jeremy M. Gawongna

LAGAWE, Ifugao – The controversial fertilizer fund was properly implemented in Ifugao despite a bribe attempt on Gov. Teddy Baguilat Jr. to favor a supplier.

“While it is a scam sa taas, the fertilizer fund in 2004 was properly implemented here in Ifugao,” said provincial accountant Francis Biwit on the P5 million share of Ifugao from the Ginintuang Masaganang Ani program of the Department of Agriculture that year.

Biwit said as far as documents were concerned, honesty, clarity and transparency prevailed.

Provincial agriculture, environment, and natural resources officer Raymundo Bahatan said immediately after the May 11 election in 2004, P3.25 million in cheque was transferred by the Department of Agriculture Regional Field Office directly to the provincial government and the requirement was to liquidate it first before the release of the remaining P1.75 million.

“There was an initial bidding during the term of Governor Baguilat by the bids and awards vommittee but it failed so transactions did not push through,” Bahatan said.

Bahatan and Biwit said rebidding took place upon the assumption of then Gov. Benjamin Cappleman and after the implementation and the amount was well-liquidated.

Baguilat, whose name was included in the list of officials who received the P728 million from the said program published in the Philippine Daily Inquirer dated Nov, 13, 2008, said he lost the election in 2004 and it was the next administration which purchased the fertilizers and distributed these the farmers.

Baguilat said during the campaign period of 2004, a middleman who had the blessings of the DA asked him to manipulate the bidding so that their supplier would win and they will deliver the fertilizers.

In exchange, according to him, they will give P1 million to be used as campaign fund.

“It was two weeks before the election and we were already running low on funds but I rejected
what I was instructed to do because it would make the fertilizer fund an anomalous and corrupt transaction,” Baguilat said.

“Standing by my firm belief that a public official must adhere to the principle of transparency and ethical leadership, we rejected the scam even if it cost us the election by a slim margin. The kickback could have been used by us during that final week but we rejected it. We feel vindicated though because the people elected us in 2007,” Baguilat added.

Baguilat is a member of Kaya Natin Movement, a movement of politicians espousing good governance and ethical leadership.

Two men charged in slay of Tarlac vice mayor, pal

By George Trillo

SAN MANUEL, Tarlac – Police filed murder charges against two men tagged by witnesses as behind the killing of the vice mayor of the vice mayor here and his companion last Oct. 25.

Charged were Ronaldo Zotomayor, who was identified as the gunman who attacked Vice Mayor Reynaldo Malazo, and his accomplice, Rogel de Leon, who was the one who gunned down Malazo’s friend Romeo Barrientos. Both suspects are at large.

Through the police rogues’ gallery, witnesses positively identified Zotomayor and De Leon as among the three motorcycle-riding men who shot Malazo and Barrientos along MacArthur Highway in San Manuel.

Police said Zotomayor has been involved in several criminal activities, including the robbery-slay of former board member Fernando de Jesus, 70, in his residence in Barangay Carangian, Tarlac City on Aug. 25, 2005.

Police said Zotomayor was nabbed and charged with illegal possession of firearms and explosives. But he later jumped bail.

Police said Zotomayor was also a suspect in robbery-holdups in Gerona, Tarlac last May 20 and in Poblacion, Tarlac City the following day.

De Leon, on the other hand, was also implicated in a holdup in Barangay Dicolor, Gerona, Tarlac on Oct. 11, 2006.

De Leon was arrested and later jumped bail, too.

Ecija vice mayoral protestheats up


GUIMBA, Nueva Ecija – Some 2,000 supporters of vice mayoralty bet Roseller de Guzman have called on Commission on Elections Chairman Jose Melo to expedite the resolution of the election protest he lodged against his rival, incumbent Vice Mayor Angelita de la Cruz and to install the former as duly elected winner.

In their two-page letter addressed to Melo, the petitioners, who identified themselves as the Mamamayan ng Bayan ng Guimba urged the Comelec chief to intervene in the election protest filed before the poll body by De Guzman.

The petitioners sought the installation of De Guzman as the duly elected vice mayor of the town based on the decision promulgated on Nov. 29,2007 by the Guimba Regional Trial Court.

The petitioners expressed fears the will of the electorate would be defeated by the continued non-assumption of De Guzman.

They accused De la Cruz’s camp of allegedly spreading rumors that De Guzman would not be able to assume his post because the former has “strong connections” with Melo and the Comelec.

“While we do not believe that they have strong connections with you, we nevertheless call on you Chairman Melo to give justice to the duly elected vice mayor and resolve this election protest with dispatch,” they said.

The petitioners made their appeal following reports that the election case has been submitted for resolution of the Comelec in April but has gathered dust since. -- MG

Tourist guides call for probe of cave mischief

By Gina Dizon

SAGADA, Mountain Province -- Bruises suffered by tourists here at the famed Sumaguing Cave due to broken glasses scattered all over the place prompted tourist guides to press investigation of the incident.

Tourist guide Ferdie Castaneda from Bontoc , Mountain Province who accompanied Dominican sisters of St Catherine of Siena last Nov. 7 to the cave, along with three Sagada guides, asked for an investigation of the malicious act.

Castaneda said nuns Sister Rosanna Diaz of Bulacan and Sister Arlyn Asor of Cotabato City got cuts on their hands due to broken glasses which they thought were crystals.

Two other nuns- Sister Victoria Salcedo of Taytay, Rizal and Sister Cynthia Tarala of Bicol had the soles of their feet injured with glass splinters. The 16 nun- visitors came from all over the country, the oldest at 68.

Tourist guide Reynaldo Kinad Waytan also from Bontoc said a couple visitor from Australia and Korean wife, too had scratches on their hands from glass splinters while they were groping their way inside the cave last Nov. 10.

Kinad said Paul, the Australian tourist bared the scattering of broken glasses inside the cave is killing the tourism industry of Sagada.

Similarly, Jed Angway of the Sagada Environmental Guides Association calls for an investigation of the malicious act and the necessary punishment be imposed on the offender.

Local guides here in this tourist town led by SEGA cleaned the cave of the scattered glasses three times, Angway said.

Local police said an investigation of the scattering of broken glasses is ongoing. Meantime, municipal policies were imposed on guiding tourists.

A memorandum of mayor Edward Latawan ordered guides should get certification from the tourist information center before doing the job.

A member of the police force is now stationed at the cave to verify accredited papers of guides before allowing them to enter the cave.

In an earlier meeting between the 1994 established SEGA and the two year old Sagada Genuine Guides Association (SAGGAS), it was agreed that guides shall merge
and undergo accreditation process before becoming a full fledged guide .

One requirement before becoming an accredited guide was to undergo training. This follows that non-accredited guides , though they had been guiding earlier are not allowed to guide if they have not passed accreditation process.

Jeric Capuyan, SAGGAS member said their organizational trainings should be honored by the accreditation board.

He said rules on merging should be followed and not the policies of one organization only such as a registration fee.

“The accreditation process is led by an accreditation board as provided for in the Tourism Code composed of the business sector, SEGA, SAGGAS, and a representative from the municipal government,” said Sneaky Umaming, LGU representative.

Some also said, a tourist may also favor a certain guide whether he or she comes from SEGA or SAGGAS.

A recent meeting among members of SEGA, SAGGAS, and officers of Barangay Ambasing (where the cave is located) resolved that both SEGA and SAGGAS agree on guiding rules and guiding routine line up while plans to merge as one organization is being worked out.
 
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