SC cites need to prove criminal intent in cases

By Benjamin Pulta

The prosecution must still prove that an accused intentionally committed a prohibited act even if the offenses involved do not require criminal intent as an element.
    The Supreme Court (SC) stressed this in reversing a Court of Appeals (CA) decision and acquitting a man convicted for violation of the law protecting buyers of subdivision and condominiums.
    In a statement Thursday, the court said “dispensing with proof of criminal intent for crimes mala prohibita, where criminal intent is not an element, does not discharge the prosecution’s burden of proving, beyond reasonable doubt, that the prohibited act was done by the accused intentionally.”
    The SC ruling granted the petition for review filed by Felix Valenzona challenging the CA which had affirmed the Regional Trial Court’s conviction for violation of Presidential Decree (PD) No. 957 or the Subdivision and Condominium Buyers’ Protective Decree (PD 957).
    Valenzona was the president of ALSGRO Industrial and Development Corporation, a real estate company.
In 2003, ALSGRO entered into two contracts to sell with Ricardo Porteo two lots in ALSGRO’s Bayfair of Margana Subdivision (subject contracts) in Laguna.
    However, upon verification with the Registry of Deeds of Muntinlupa City in 2006, Porteo discovered that the subject contracts were not registered in accordance with Section 17 of PD 957.
    In reversing the conviction of the accused, the Court distinguished between "intent to commit the crime" and "intent to perpetrate the act."
    “To hold Valenzona criminally liable, it must also be established that he had the volition or intent to not register or [to] cause the non-registration of the subject contracts, which the prosecution failed to do," the SC ruled.
    The SC added that it cannot simply rely on the bare findings of a violation of PD 957 committed by ALSGRO, and that Valenzona was the corporation’s president.
    “The Court must be satisfied that the nexus between Valenzona’s position in the corporation, and the commission of the offense with which he was charged, has been shown. If such nexus is not required for purposes of conviction, and the mere pretext that a violation of PD 957 is malum prohibitum is deemed sufficient, then the President (or Manager or Administrator) of every corporation engaged in the real estate business covered by the law automatically becomes criminally liable for every violation of PD 957 committed by such corporation,” the Court ruled, stressing that such is an absurd interpretation of the law. -- PNA
 

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Ex-LU Rep. Dumpit cleared of ‘pork’ raps

BAUANG, La Union -- Former La Union second district Rep. Thomas Dumpit Jr. has been cleared of graft and malversation charges filed against him in connection with the alleged misuse of his Priority Development Assistance Fund (PDAF) or pork barrel in 2008 amounting to P5.85 million.
    In a 179-page decision promulgated on Tuesday, the Sandiganbayan’s First Division said the prosecution panel of the Office of the Ombudsman failed to prove the guilt of Dumpit and his co-accused.
    “When the guilt of the accused is not proven beyond reasonable doubt, the presumption of innocence must be favored and exoneration must be granted as a matter of right,” the first division said.
    Dumpit was acquitted of four counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and two counts each of malversation of public funds and malversation of public funds through falsification of public documents.
    Former officials of the defunct Technology Resource Center (TRC) – deputy director general Dennis Cunanan, group managers Francisco     Figura and Maria Rosalinda Lacsamana, budget officer Consuelo Lilian Espiritu and chief accountant Marivic Jover – were also cleared of the charges.
    The court also acquitted Flerida Alberto, president of the non-government organization (NGO) Kabuhayan at Kalusugan Alay sa Masa Foundation Inc. (KKAMFI) as well as Pio Ronquillo Jr. and Fe Magtira-Ronquillo, incorporators of Aaron Foundation Philippines Inc. (AFPI).
    In filing the cases in 2017, graft probers said checks amounting to P450,000 and P5.4 million drawn from Dumpit’s PDAF were released to KKAMFI and AFPI, respectively. The ombudsman said the NGOs lacked the qualifications to implement the livelihood and agricultural projects of Dumpit for his district.

    The ombudsman said the projects were awarded to the two NGOs without public bidding.
Dumpit’s co-accused falsified disbursement vouchers and several other supporting documents to make it appear that livelihood training seminars were held and livelihood technology kits were distributed to farmer-beneficiaries, the ombudsman said.
    However, the court said the prosecution failed to establish bad faith and “manifest partiality” of the accused in choosing the two NGOs and in releasing the funds to them.
    “There was also no evidence adduced to prove that accused TRC employees took the public fund and appropriated it for their own private benefit,” the first division said.-- By Elizabeth Marcelo

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SLU files reconsideration on LEB cease, desist order

By Angeline Marcelino

BAGUIO CITY -- The Saint Louis University (SLU) has filed a motion for reconsideration to address the Legal Education Board’s (LEB) cease and desist order on their Master of Laws Program (LLM).
    On Thursday, the LEB issued the order to stop the operation of SLU’s LLM, citing that the university is not authorized to offer the program.
    “To address this Order, a Motion for Reconsideration will be filed within the day,” said SLU in their statement issued Friday evening.
    The Baguio-based university shared that LEB issued them a show cause order on September 29, in which they complied on October 3, while they received the cease and desist order on October 5.
    According to SLU, they inquired to the LEB about the requirements of opening an LLM during a meeting held in their university in 2022, which was attended by “all LEB commissioners.”
    “During this meeting, then Associate Dean Tadeo inquired about the requirements needed to open a Master of Laws (LLM) program. In response to this question, the Chairperson of the LEB, Hon. Ana Marie Melanie Trinidad, unambiguously and unequivocally responded that there was no necessity to submit any document, as opening an LLM program is embraced in the University’s exercise of academic freedom,” SLU recalled.

“The other LEB Commissioners unanimously seconded Chair Trinidad’s response. It was this clear representation and declaration by the members of the LEB itself which sealed the plan of opening SLU’s LLM program,” the university added.

SLU shared that it took years of “meticulous planning and diligent preparations” in opening the LLM program, and that their School of Law Dean Christine Angelica Elveña emailed LEB requesting for a Certificate of Recognition, but it was not acted upon by the board.

“Dean Elveña also sent an electronic mail to the LEB requesting for a Certificate of Recognition or its equivalent, in order to reduce in writing the acknowledgment of the LEB that it was aware of the Master of Laws Program of the University. However, except for the transaction number assigned, such e-mail was not acted upon by the LEB,” SLU noted.

“Neither was the opening of the program surreptitiously done. The official Facebook page of the SLU School of Law has consistently posted announcements on the program. Additionally, the School of Law has been religiously complying with the regular LEB requirements such as the Law School Information Report which is submitted every semester, and which contains information not only on the JD [Juris Doctor] program, but on the LLM as well,” the university added.

The board is aware of their LLM, according to SLU, and it was a surprise that they were issued a show cause order.

\“The fact of the matter is that the issuance of the Show Cause Order was an utter surprise because through it, LEB, in effect, reversed itself and in essence, made SLU appear to have circumvented rules and regulations regarding the establishment of the LLM program,” the university said.

With the ongoing situation, SLU assured that they will fight “lawfully and fiercely” for their LLM program.

 

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Sandigan affirms Tabuk City mayor’s graft case; junks motion to quash

TABUK CITY -- The Sandiganbayan on Thursday announced that it has junked Tabuk City Mayor Darwin Estrañero’s bid to quash graft raps filed against him in connection with the alleged procurement of medical supplies at the onset of the Covid-19 pandemic that were “grossly overpriced.”
    In a 9-page resolution signed Oct. 4, the Sandiganbayan Sixth Division turned down the mayor’s appeal, owing to lack of merit.
    Estrañero was charged earlier with breaching the Anti-Graft and Corrupt Practices Act or RA 3019 for entering into contracts with various suppliers in May 2020 for purchasing medical supplies that were 135 percent to 609 percent grossly overpriced.
    Based on the charges, Estrañero allegedly entered into contracts notwithstanding an order from the executive on a price freeze on emergency supplies under Joint Memorandum Circular 2020-01. -- Edjen Oliquino

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Graft cases filed vs 2 ex-Ilocos Sur mayors over P81-M ‘misuse’

NARVACAN, Ilocos  Sur --  The Sandiganbayan has allowed the prosecution panel of the Office of the Ombudsman to drop the charges filed against the president of a farmers’ organization of this town and make him a state witness in the graft and malversation cases filed against former Narvacan mayors Zuriel Zaragoza and his father Edgardo.
    In a 27-page resolution promulgated on Aug. 18, the anti-graft court’s second division granted the motion of the prosecution to discharge private respondent Constante Cabitac, president of the Federation of Farmers of Narvacan.

    The court said the prosecution was able to prove that Cabitac’s testimony would be vital in proving its case against the public officials, noting that he had first-hand knowledge of the commission of the crime.
    The court said Cabitac’s testimony “would supply the necessary evidence” to link the Zaragozas and their co-accused municipal accountant Melody Cadacio and education research assistant Mario Cabinte.
    “There is no other direct evidence available for the proper prosecution of the offenses committed, other than the testimony of accused Cabitac,” the second division said.
    The cases stemmed from the alleged misuse of P81 million in municipal government’s shares in tobacco excise tax for locally manufactured Virginia-type cigarettes.
    The ombudsman said the amount, which was intended for members of the Federation of Farmers of Narvacan, was instead “misappropriated or misused” by the accused public officials for their personal benefit. – Elizabeth Marcelo

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SC stops detention of Cagayan gov

The Supreme Court (SC) has stopped the House of Representatives from detaining Cagayan Gov. Manuel Mamba over his failure to attend the hearings of the   House committees on public accounts and on suffrage and electoral reforms.
    Mamba was placed under the custody of the joint House panels after he surfaced before the chamber Thursday.
    The SC said it furnished a copy of a temporary restraining order to the Cagayan police, House sergeant-at-arms and the two House committees.
    Mamba was cited in contempt and ordered detained over his failure to attend congressional hearings on allegations that cash and other forms of assistance were given to registered voters and barangays in Cagayan during the 45-day public spending ban in the May 2022 elections campaign period.
    Mamba has refused to attend the hearings of the joint panels in the past three months, according to the two House committees.
Speaker Ferdinand Martin Romualdez welcomed Mamba’s surrender and assured the governor of protection while under the custody of the chamber.
    “The House is fully committed to adhering to all established legal procedures and safeguards throughout this process, ensuring fairness and due process,” Romualdez said.
    Also cited in contempt was the Cagayan provincial information officer, for disobeying summons without legal basis. –  Delon Porcalla and Neil Jayson Servallos
 

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CA junks appeal of bank execs in falsification raps; get 3-years

P3.6-M transferred to other accounts 

By Benjamin Pulta   

DAGUPAN CITY --  The Court of Appeals (CA), in a decision dated Aug. 7, has affirmed the conviction and sentence of imprisonment for up to three years imposed by a Dagupan court on officials of a cash-strapped rural bank after the officials were found guilty of falsification for transferring P3.6 million of a depositor's account into 15 fictitious accounts without authorization.
    In its resolution dated Aug. 7, the CA affirmed the ruling of the Dagupan Regional Trial Court Branch 44 against former bank manager Lydia Cruz and bookkeeper Sheila Geslani of the Rural Bank of Sta. Barbara Inc. (RBSI).
    The bank was liquidated on 2008 after regulators determined that it could neither be rehabilitated nor resume its business with safety.
    The two bank officers were charged by the Philippine Depositary Insurance Corp. (PDIC) for falsification after it was found during the PDIC's liquidation investigation that the two split a P3.6 million deposit of an account holder into 15 separate fictitious accounts in 2005.
The scheme was uncovered in 2008 after the PDIC took over the bank and the depositor, Manuel Concepcion, inquired from PDIC about the status of his four accounts.
    It was discovered that one of the four accounts with P3.612 million is no longer part of the outstanding deposit liability of PDIC as it had been split into 15 time deposit accounts of around P240,000 each under names of different individuals.
    Concepcion passed away before recovering the amount and had not informed authorities whether he authorized the splitting of the funds. Depositors named in the 15 accounts, however, denied ownership of the accounts put up in their names.
    Investigators said the two bank officers "falsified the said documents by making it appear that the creation of the said accounts was a regular banking transaction."
    For their part, the two claimed the splitting of the amounts had been authorized by the bank's board of directors and Concepcion himself before his death and that the supposed account holders were his relatives.
    The CA upheld the lower court's ruling that the two bank executives should be held liable "as the bank's bookkeeper and manager, respectively, (and) were tasked to scrutinize, verify, check and evaluate all banking transactions."
    "The bulk of Geslani and Cruz's arguments are mere rehash of their previous assertions, which have already been addressed in this court's decision dated Nov. 25, 2022. Another round of discussion on the rehashed arguments would only result in endless academic discussions. The court, thus, finds no basis in delving anew into the said matters," the court said in junking the appeal of the two and affirming their conviction. -- PNA

 

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2 PMA cadets guilty in mate’s hazing, death

BAGUIO CITY — Two cadets of the Philippine Military Academy (PMA) have been found guilty of physical injuries in connection with the death of Cadet 4th Class Darwin Dormitorio in 2019.
    Julius Carlo Tadena was found guilty of less serious physical injuries while Christian Zacarias was convicted of slight physical injuries, Municipal Trial Court in Cities Branch 1 Judge Roberto Mabalot said in his ruling.
    The two cadets were sentenced to 30 days in prison and ordered to each pay the family of Dormitorio P100,000 in moral damages and P50,000 in attorney’s fee.
    Tadena, who was accused of inflicting second degree burns with a taser on Dormitorio, is still facing charges of hazing.
Zacarias was charged with serious physical injuries for allegedly kicking Dormitorio in the head.
    Meanwhile, the court acquitted PMA doctors Capt. Flor Apple Apostol, Maj. Maria Ofelia Beloy and Lt. Col. Caesar Candelaria of reckless imprudence resulting in homicide.
    The three had been accused of failing to provide appropriate treatment to Dormitorio during the four times in two months that he was hospitalized.
    The murder charges against the three military doctors had earlier been dropped.

Dormitorio was found unconscious in a room at the PMA’s Mayo Hall on Sept. 17, 2019. He died while being treated at the PMA Hospital the next day.

Autopsy results showed Dormitorio died due to blunt force trauma.

Investigation showed that Dormitorio was a victim of hazing and that he was beaten up because he lost a pair of combat boots a senior cadet had entrusted to him.

The relatives of Dormitorio filed hazing, torture and murder charges against First Class Cadet Axl Rey Sanupao, 2nd Class Cadet Zacarias and 3rd Class Cadets Rey David John Volante, John Vincent Manalo, Felix Lumbag Jr., Shalimar Imperial and Tadena.

The complaints filed against PMA Superintendent Lt. Gen. Ronnie Evangelista, former commandant of cadets Brig. Gen. Bartolome Vicente Bacarro and three other former cadets were dismissed for lack of probable cause.

 

 

 

 

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Baguio Prosecutor’s Office reports 100% disposition rate

BAGUIO CITY -- The City Prosecutor’s office reported 100 percent disposition rate of new complaints, motions for reconsideration or cases for re-investigation and inquest proceedings for the second quarter of the year.
    Based on its quarterly report, the office disposes 375 new complaints received during the quarter where estafa was the most prevalent cases with 84 followed by violation of the Bouncing Check Law with 53, theft – 28, cyber crime and violation of child protection laws 21 each, rape – 16, violation against women and children law – 8, homicide, violation of internal revenue code and robbery – 5 each, illegal recruitment – 2 and murder – 1. 
    There were 120 other criminal offenses and complaints decided upon by prosecutors during the second quarter of the year.
    On inquest cases, the said office also disposed of the 68 new complaints that were received during the quarter that were subjected to inquest proceedings.
    The cases that topped the list of those subjected to inquest proceedings were violation of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Law with 20 followed by other criminal offenses with 18, theft – 10, violation of child protection laws – 4, robbery – 3, violation against women and children – 2 and rape and cyber crime – 1 each.
    For motions for reconsideration or cases for re-investigation, the city prosecutor’s office also successfully decided all the 34 new motions that were received during the second quarter. Topping the list of cases that were subjected to motion for reconsideration or cases for re-investigation were other offenses with 15 followed by estafa with 7, violation of RA 9165 – 2 and violation of child protection laws, violation against women and children, trafficking in persons, cyber crime, murder, homicide, kidnapping, theft, carnapping and graft and corruption – 1 each.  

 

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Case vs owner, 23 workers of Baguio realty firm dropped

By Aldwin Quitasol

BAGUIO CITY—Forty days after their arrest by the Regional Anti-Cyber Crime Unit (RACU) Cordillera, the owner, 23 employees and individual partners of the Casa Infini Builders and Realty Co. Ltd. expressed relief moments after the Office of the Baguio Prosecutor dismissed the complaint against them.
    Last July 19, the City Prosecutor's Office released the dismissal order on the case filed against Casa Infini chief executive Officer Jennylyn Floresca and 23 others.
    They were charged by the Securities and Exchange Commission (SEC) with violations of sections 8, 26, and 28 of the Securities Regulation Code and violations of certain provisions of the Cybercrime Prevention Act.
    Last June 10, operatives from the Presidential Anti-Organized Crime Commission (PAOCC), RACU Cordillera with personnel of the Enforcement and Investor Protection Department (EIPD) launched an entrapment operation against the Casa Infini people during their conduct of a business presentation.
    Two of the operatives posed as registrants and participants to the said event prior to the mass arrest of the participants.
When they allegedly had proven that there was something "fishy" going on, they signaled other lawmen to barge in venue of the activity and enforcers started arresting participants confiscating money, laptops, cellphones, money amounting to more than P1 million and others as evidence.
    Prior to the mass arrest, the EIPD received a petition for revocation against Casa Infini filed by a certain lawyer.
    The company was accused of illegal activities.
    On March 2023, the EIPD Investigating team started to track the activities of Casa Infini and on June 5, the EIPD filed a motion for issuance of cease and desist order (CDO) against the company. 
    The SEC en banc issued the CDO on June 8 against Casa Infini.
    Respondents complained that the arrest against them on June 10 caused great commotion as present were senior citizens, children and persons with disabilities (PWDs).
    Floresca said the incident left them scarred and traumatized. 
    They also declared that they were put into custody of the arresting officers for 40 hours.
    One of their legal counsels, lawyer Benny Bomogao said this was a violation under the provision of Article 125 stating detention should be  36-hours only.
    He said that according to law, arresting officers committed delay in delivery of detained persons to the proper judicial authorities as they were held for 49 hours without proper process of inquest.
    The prosecutor's office ruled the complaint against the respondents was dismissed due to illegal warrantless arrest and subsequent illegal warrantless search conducted by the SEC personnel and other government authorities.
    "In fact, the petition which initiated the investigation against Casa Infini by SEC was not even attached to the complaint for us to truly determine if there was indeed any evidence of fraud or deceit," stated the Office of the Prosecutor.
    The Casa Infini through their lawyers vowed they will be doing appropriate legal actions to redeem the firm’s reputation.

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Court asked to allow disposal of seized fuel

By Gabriel L. Cardinoza

LINGAYEN, Pangasinan -- A government prosecutor has asked the court to issue a clearance to the Bureau of Customs (BoC) for the disposal of the smuggled diesel fuel that it had seized from an oil tanker last May to allay fears of an oil spill at Sual Bay in Sual town.

    Lawyer Rod Pino of the BoC legal service, prosecution and litigation division also asked the court to order the inspection of the ship and its diesel fuel cargo, and the taking of samples of the smuggled diesel with the participation, as witnesses, of the accused, consignee, vessel owner, media, and other interested parties.
    "The prosecution acknowledges the grave concern by the Provincial Government of Pangasinan and the Municipality of Sual regarding the continued presence of MV Veronica 1 and its 1.35 million liters of diesel fuel cargo in Sual and the great threats they pose to the livelihood of the residents and the economy of the province," Pino said in his omnibus motion filed last week at the Regional Trial Court (RTC) Branch 37 here.
    The RTC Branch 37 is hearing the unlawful importation case filed against MV Veronica 1's skipper Nemesio Batiancila, his 12 crew members, and a number of unidentified others.
    In an emergency meeting last May, Gov. Ramon Guico 3rd asked the BoC to move the ship to a safer location to prevent an environmental disaster at Sual Bay, in the event the diesel fuel from the ship leaks into the bay.
    "Is there a way to legally remove the contents of the ship and then remove the ship from the bay and then account for the contents?" Guico asked.
    Lawyer Emmanuel Laforteza of the Provincial Prosecutor's Office said only a sample of the oil is needed as evidence to be presented in court.
    Sual Bay is a cove facing the Lingayen Gulf. It hosts the town's mariculture area where more than 800 bangus or milkfish cages are located.
    Sual, and the towns of Bolinao and Anda, supply about 80 percent of bangus produced in Pangasinan.

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Ombudsman suspends Tabuk mayor, absolves five officials

By Aldwin Quitasol

TABUK CITY – The Office of the Ombudsman ordered the mayor here to serve 6-month suspension  for simple misconduct while five other government officials where absolved.
    The consolidated decision of the Ombudsman was only made available this July 2023.
Said decision resolved various affidavit-complaints for grave misconduct and grave abuse of authority filed by Ronnel Bumatay, Tabuk City Vice Mayor Bernard Glenn Dao-as and the National Bureau of Investigation-Cagayan Valley Regional Office.
    Respondents were Tabuk City Mayor Darwin Estrañero, City Health Officer Henrietta Linden S. Bagayao, City Administrator and Bids and Awards Committee (BAC) head Arnold G. Tenedero, City Legal Officer and BAC member Arthur G. Kub-ao, Bids Awards Committee member engineer Juanito Amangan, General Service Officer and BAC member Elmer M. Agliam, City Budget Officer and Bac member Edgar B. Sannadan, and City Accountant Mary Grace Pocais.
    The following cases were filed by Bumatay with the Office of the Ombudsman -- OMB-C-A 21-0076, an administrative case for grave misconduct, OMB-C-A 21-0080, 82-86 filed by Tabuk City Vice Mayor Dao-as, and OMB-C-A 22-0023 filed by NBI-CVRO.
    In Bumatay's case against the public officials, he alleged that the requirements for shopping as alternative mode of procurement of PPE's in the year 2020 was not strictly observed as one of the bidders is not a supplier of medical supplies and equipment. Bumatay also alleged that the PPE prices indicates in the purchase request (PR) were overpriced.     Meanwhile, in the OMB-C-A 21-0080 and 83, Dao-as noted the irregularities in the procurement of K-95 masks as necessary requirements or papers were absent. 
I    n case OMB-C-A 21-0082, Dao-as cited “irregularity of procurement of medical supplies by awarding the contract to a company not legally qualified to such.”
    The said contract was issued on May 2020.
    Case number 0084 was “irregularity” of procurement for non-submission of mandatory documentary requirements, violation of the price freeze circulars by the Dept. of Health and other issuances and prohibitions against profiteering and price manipulation and disregarding qualified suppliers; and  number 0085 is on the irregular purchase of PPE suits without the mandatory documentary requirements, violation of the price freeze circulars by the Dept. of Health and other issuances and prohibitions against profiteering and price manipulation and disregarding qualified suppliers.
    Case 0086 was a complaint on “irregular purchase” of thermal scanners without submitting mandatory documentary requirements and violation of the price freeze circulars by the DOH and other issuances and prohibitions against profiteering and price manipulation and disregarding qualified suppliers.
    The case of NBI-CVRO, numbered 22-0023, is based on its investigation on the complaints of irregularities. 
    In the decision, the Ombudsman found Estrañero guilty of simple misconduct and was meted six-month suspension.
The cases against the other five respondents were dismissed because for lack of substantial evidences

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CA orders PNP, AFP: Present missing activists

The Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) were ordered by the Court of Appeals to present missing indigenous peoples’ rights advocates Dexter Capuyan and Gene Roz Jamil de Jesus.
In a resolution dated July 8, the 13th division of the CA said the petition for writ of habeas corpus filed by the families of De Jesus and Capuyan on Wednesday last week were ”sufficient in form and substance.”
    The families of the activists asserted that the two are likely in government custody, citing information that they received.
    The CA ordered AFP chief Lt. Gen. Andres Centino, PNP chief Gen. Benjamin Acorda Jr., Rizal police director Col. Dominic Baccay and Criminal Investigation and Detection Group (CIDG) chief Brig. Gen. Romeo Caramat “to appear before the court today and bring the bodies and persons of Capuyan and De Jesus if found in their custody.”

The two were reportedly taken by men who introduced themselves as CIDG agents in Taytay, Rizal on April 28.

Capuyan, a member of the Bontoc-Ibaloi-Kankanaey indigenous group, was tagged by security forces as a ranking member of the New People’s Army in Ilocos and the Cordilleras.

A bounty of P2.85 million has been offered for his arrest.

De Jesus is the information and networking officer of the Philippine Task Force on Indigenous Peoples Rights.

Cordillera police director Brig. Gen. David Peredo said neither Capuyan nor De Jesus was in their custody. -- Daphne Galvez

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Court acquits ex-La Union solon, 8 execs of graft cases

By Ma. Reina Leanne Tolentino

THE Sandiganbayan's First Division acquitted former La Union Second District representative Thomas Dumpit Jr. and other individuals of graft charges in connection with the Priority Development Assistance Fund (PDAF) totaling about P40 million.
    In a 227-page decision promulgated on Monday, July 3, the court acquitted the following of nine counts of graft: Dumpit; Gondelina Amata, Ofelia Ordoñez, Gregoria Buenaventura, and Sofia Cruz who had been from the National Livelihood Development Corporation; Flerida Alberto; and Godofredo Roque. Lilibeth Aloot-Macazo, who had been a store proprietor and was an accused in four of the nine graft cases, was acquitted.
    The court said in its decision that "assuming that accused Dumpit indeed requested for the release of his PDAF allocation and endorsed the NGO [Kabuhayan at Kalusugan Alay sa Masa Foundation, Inc.], these acts could not be considered as manifest partiality, evident bad faith or even gross inexcusable negligence. This is because assuming he indeed performed all those acts, he was simply carrying out acts required for the release of the funds and other 'informal practices,' which were declared by the Supreme Court as unconstitutional."
    The declaration of unconstitutionality was prospective because of the doctrine of operative fact, the Sandiganbayan's First Division said.
    The court also said that "there was no evidence, testimonial or documentary, introduced to establish that accused Dumpit benefitted from the PDAF transactions."
    In the same decision, the court acquitted Dumpit, Amata, Ordoñez, Buenaventura, Cruz, Alberto, and Roque of three counts of malversation of public funds. Aloot-Macazo, who was an accused in one count, was acquitted.
    The court also acquitted Dumpit, Amata, Ordoñez, Buenaventura, Cruz, Alberto, and Roque of six counts of malversation of public funds through falsification of public documents. Aloot-Macazo, who was an accused in three counts, was acquitted.
    The court said in its decision that it "is inclined to believe that the signatures of accused Dumpit, as appearing in the documents as offered by the prosecution, are forged. Accused Dumpit has consistently denied that the signatures are his. [...]     The prosecution has not presented any expert witness to rebut the opinion of witness [Desiderio] Pagui."
    According to the decision, Pagui "testified that he examined both the known and questioned signatures of accused Dumpit and he concluded that the signatures appearing in the questioned documents are not that of Dumpit."
    Also, the court said that the prosecution "failed to show that [...] Amata, Ordoñez, Buenaventura and Cruz, in the performance of their functions as mentioned earlier, took advantage of their position and falsified any of the abovementioned documents proffered by the prosecution by committing any of the acts mentioned in Article 171 of the Revised Penal Code."
    The court also said in its decision that Aloot-Macazo "has sufficiently proven that the receipts shown by the prosecution are not hers."
 

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SC: October barangay/SK polls on, postponement law unconstitutional

By Benjamin Pulta 

The Supreme Court (SC) greenlighted the holding of the Barangay and Sangguniang Kabataan Elections (BSKE) on Oct. 30, declaring the law resetting the polls unconstitutional.
    In a statement released late Tuesday, the tribunal said it "recognizes the legal practicality and necessity of proceeding with the conduct of the BSKE on the last Monday of October 2023, pursuant to the operative fact doctrine."
    The ruling was issued even as the SC en banc declared unconstitutional Republic Act 11935, the law which postponed the holding of the BSKE from the original schedule of Dec. 5, 2022 to the last Monday of October 2023.
    The decision said "the free and meaningful exercise of the right to vote, as protected and guaranteed by the Constitution, requires the holding of genuine periodic elections which must be held at intervals which are not unduly long, and which ensure that the authority of government continues to be based on the free expression of the will of electors.”
    The Court added that the provision for “hold-over” capacity did not amount to an unconstitutional “legislative appointment.”
    The Court found that there was no legitimate government interest or objective to support the legislative measure, and that the law unconstitutionally exceeds the bounds of the Congress’ power to legislate.
    The SC said the means employed by Congress were unreasonably unnecessary to achieve the interest of the government sought to be accomplished, and the said means were unduly arbitrary or oppressive of the electorates’ right of suffrage.
    The Court added that the purpose for the realignment of the budget allocation of the Commission on Elections for the 2022 BSKE to the Executive for the latter’s use in its projects violates the explicit prohibition in the Constitution against any transfer of appropriations. -- PNA

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Court scraps rebellion case vs North Luzon 7

By Karlston Lapniten and Aldwin Quitasol

BANGUED, Abra - Seven activists who were slapped with rebellion or insurrection charges expressed relief after a local court here granted their motion to quash the charges against them.
    In an order issued on May 11, 2023, Judge Corpuz Alzate of the First Judicial Region, Regional Trial Court, Branch 2 in Bangued, Abra gave favorable decision to the motion of the activists to declare the charges against them void for lack for probable cause.
    The judge also ordered all warrants against them in connection with the case be quashed.
    In May 11 order, Judge Alzate granted the motion to quash filed by activists Sarah Abellon-Alikes, Jennifer Awingan, Windel Bolinget, Florence Kang, Lourdes Jimenez, Nino Oconer and Stephen Tauli, questioning the validity of the information on the complaint.
    The charges stemmed from an ambush in Malibcong, Abra on October 2022 where two Army soldiers were killed by alleged members of the communist rebel New People Army (NPA).
    State prosecutors claimed that two survivors recognized in a “Rogue Gallery” persons identified as Jovencio Tangbawan and Salcedo Dumayom Dappay as among the suspects.
    The rebellion charge included the seven for being alleged officers of the rebel unit where the two belong.
    However, the state prosecution failed to rebut the motion to wuash jointly filed by Rene Cortes Law and Jose Molintas Law, who stood as counsels for the seven.
    In deciding, the court stated the seven were never identified by the survivors.
    It also ordered the seven to be excluded from the information filed and ordered all warrants of arrest issued against them in connection to the case be cancelled.
    “The decision of the trial court is but another knot in the long line of similar fabricated cases filed against activists and eventually dismissed because they are that – fabrications,” said Baguio lawyer Rene Cortes, who is the counsel for the seven.
    Instead of “wasting resources” on forging bogus cases, the government should focus its efforts in curbing the rampant corruption and abuses perpetrated by government officials, said Cortes.
    While the state prosecutors have option to appeal the decision, Cortes is confident that the same will be denied since "there is not even a strand of evidence to link" the activists to the armed encounter.
    Windel Bolinget, in a statement said the granting of their motion was a victory in continuing the struggle of the people for peace, justice and freedom. "All warrants of arrest issued against us in connection with the case were ordered quashed," he stated.
    Bolinget and the accused others were charged by the military with rebellion on December 2022.
    One of the "Northern Luzon 7", Jennifer Awingan was arrested at her residence in Barangay Pinsao, Baguio City last Jan 20 and brought to the Abra Provincial Jail. 
    On February 20203, all seven activists were allowed by the court to post bail.
    Bolinget expressed their gratitude to their lawyers and to the communities, allies, partners, and friends who he said continue to defend and in solidarity with them, their families, and organization against State political persecution and impunity. They also thanked the court for considering their motion. 
    "As we have repeatedly said before, the case of rebellion/insurection against us is baseless and fabricated," said Bolinget.
    He added that they hoped this will be the last of trumped-up charges against all activists. 

 

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Court orders lending execs jailed, fined for falsification of papers in case filed by SEC

The Securities and Exchange Commission (SEC) has successfully prosecuted a falsification case against officers, directors, and shareholders of a lending company who were found to have submitted falsified documents for registration with the Commission.
    In a decision dated March 8, 2023, the Pasay Metropolitan Trial Court Branch 47 found nine incorporators and officials of Phil86 Gurunanak Lending and Trading Corp. (Phil86) guilty beyond reasonable doubt of violating Article 172 (1) of the Revised Penal Code (RPC), providing penalties for the Falsification of Public Documents by a Private Individual.
    The accused, namely Nicanor Borong Jr., Nelson L. Henson, Irene T. Romero, Michael R. Ligaray, Regina S. Elizon, Gurjant Singh, Harnaib Singh, Tarsem Singh Daliwal, and Gurmeet Kaur Kaila, were sentenced to each suffer imprisonment of up to two years and six months of imprisonment and were also ordered to pay a fine of P100,000 each or a total of P900,000.
    The Trial Court, however, has allowed the accused to file appropriate remedies under applicable rules to contest the decision.
    The SEC filed the criminal case against the accused incorporators, directors, and officers of Phil86 after finding irregularities in the Certificate of Bank Deposit that they submitted for the registration of the Lending Company with the Commission. The Certificate of Bank Deposit was made supposedly in compliance with Republic Act No. 9474, or the Lending Company Regulation Act, which prescribes a minimum paid-up capital of P1 million for lending companies.
    The SEC Company Registration and Monitoring Department (CRMD) found that the bank certificates submitted were falsified upon their verification with the bank.
    Article 172, Paragraph 1 of the RPC provides that any private individual who commits falsifications in any public or official document or letter of exchange Page 2 of 3 or any other kind of commercial document shall incur a penalty of two years, four months and one day up to six years.
    “This Court finds that the accused… as directors, officers, stockholders, and incorporators, signed the documentary requirements to the SEC knowing fully well that included among the requirements therein is a notarized bank certification of their paid-up capital,” the court held.
    “They knew that the same is a requirement and that they stand to benefit therefrom as it is a documentary requirement for the corporation they seek to form without satisfactory explanation, the Court hereby finds that they are liable as the forgers of the falsified bank certificate.”
    As part of the government-initiated crackdown against illegal lenders engaged in a “5-6” scheme and other usurious practices that started in 2016, the SEC remains vigilant over the registration and operations of lending and financing companies. The SEC has since secured the convictions of 74 individuals for violation of the LCRA.
In 2021, the Commission also saw the conviction of the officials of lending companies Naurasidhu55 and X-CEE789 Lending and Trading, Inc. for violating the LCRA, after falsifying their registration documents.
    The SEC, through the Corporate Governance and Finance Department (CGFD), has already revoked the primary registration of a total of 2,084 lending companies for non-compliance with the LCRA.
    It has also revoked the secondary license of 39 lending/financing companies due to various violations of SEC rules and regulations. Currently, the Commission is actively prosecuting 375 individuals in 56 cases for violations of Republic Act No. 8799 or the Securities Regulation Code, and three cases for violations of the RPC. With the successful conviction, the SEC warns the public to be careful in their submissions and be truthful in all their declarations.
 

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Sandigan convicts 10 ex-officials of Mountain Province, private supplier

MANILA – The Sandiganbayan convicted 10 former officials of the Mountain Province, as well as a private supplier, for their participation in 2006 in the overpriced purchase of a government vehicle intended for the Bontoc General Hospital.
    All 11 defendants were sentenced by the Sandiganbayan Third Division to imprisonment of between six to eight years.
    The 10 provincial officials were also banned from future employment in government through perpetual disqualification and forfeiture of all benefits.
    The Sandiganbayan said all the defendants participated in the crime by specifying a vehicle brand and model which gave unwarranted advantage to the private supplier, a violation of RA 9184 or the Government Procurement Reform Act.
    Found guilty were then provincial accountant Theodore Marrero, provincial health officer Nenita Lizardo; provincial nurse Helen Macli-ing; Bids and Awards Committee (BAC) chairperson Paulo Pagteilan; BAC vice chairperson Lily Rose Kollin; BAC members Florence Gut-omen; Edward Likigan, and Soledad Theresa Wanawan; budget officer II Jerome Falingao; executive assistant and BAC secretariat Abdon Imingan; Technical and Inspection Group member Abelard Pachingel, and private defendant Ronaldo Kimakim.
    Kimakim was the owner of Ronhil Trading Incorporated from which a Mitsubishi L-300 Versa van was bought in a simulated purchase for P843,700.91.
    Former Mt. Province Governor Maximo Dalog was among the co-accused in the case when it was filed in 2017, but he died while the investigation by the Office of the Ombudsman was still ongoing.
    “All of the accused, consisting of the end-user representative and BAC officials, willingly turned a blind eye to the apparent violation of the procurement law by making reference to a specific brand and model of vehicle,” said the decision authored by Associate Justice Ronald B. Moreno.
    Concurring were Presiding Justice Amparo M. Cabotaje Tang and Associate Justice Bernelito R. Fernandez.
    The National Bureau of Investigation found that a vehicle bearing the same license plate, chassis and engine numbers was bought by Kimakim from Motorplaza on March 29, 2006 for P756,000.
    On the same day, the said vehicle was sold to the provincial government for P843,700.91 or a price difference of P87,700.91.
    Kimakim admitted he received for his services a P10,000 fee.
    He said in a signed affidavit that he received his fees in the residence of Macli-ing
    The anti-graft court said all the defendants were part of the conspiracy by specifying a vehicle brand and model which gave unwarranted advantage to the supplier, a violation of RA 9184 or the Government Procurement Reform Act.
    The Sandiganbayan noted: “From the time the Purchase Request was made by accused Lizardo and Marrero up until the time the subject vehicle was accepted by the Provincial Government of Mountain Province, the reference to the specific brand and model of Mitsubishi L-300 Versa Van was written in all of the procurement document.” – Rappler.com

 

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CA: Uphold Bugkalot right over Casecnan power proj

The Bugkalot Confederation led by overall chieftain Rosario Camma rejoices with the group of tribe elders and leaders as the Court of Appeals agrees that the tribe has a say and that there must be the conduct of free prior and informed consent by the operator or any interested firm to operate the Casecnan Multipurpose Irrigation and Power Project at Pelaway in Alfonso Castañeda, Nueva Vizcaya. PHOTO BY LEANDER C. DOMINGO

 

By Leander C. Domingo
 
BAYOMBONG, Nueva Vizcaya -- The Bugkalot Confederation expressed victory with the Court of Appeals (CA) decision favoring the tribe of their rights over their ancestral domain areas covered by the Casecnan Multipurpose Irrigation and Power Project (CMIPP).
    In its Feb. 21, 2023 decision, the CA favored the conduct of a free prior and informed consent (FPIC) within the AD areas of the Bugkalot tribe covered by the CMIPP operations.
    Gov. Carlos Padilla also hailed the CA decision hoping that "there will be no more impediments along the way so that the FPIC, which has been more than two decades-long, waits for the Bugkalot tribe.
    "We are looking forward to seeing this new development for the Bugkalot tribe realize their dreams, which had been hampered due to non-observance of FPIC provided under the Indigenous People's Rights Act of 1997 or the IPRA law," the governor said.
    Approved on Oct. 29, 1997, Padilla was one of the authors of the IPRA law, officially designated as Republic At 8371, which is Philippine law that recognizes and promotes the rights of indigenous cultural communities and Indigenous Peoples in the Philippines.
    The CA decision denied the petition for certiorari filed by the National Irrigation Administration (NIA) and the Power Sector Assets and Liabilities Management (Psalm) seeking the nullification of the letter-reply dated Dec. 17, 2021 of the National Commission on Indigenous Peoples (NCIP).
    The NCIP letter-reply backed by the officials of the Bugkalot Confederation headed by overall chieftain Rosario Camma required the NIA and Psalm to secure FPIC and certification precondition under the IPRA law with the operation of the CMIPP.
    With this CA decision, Padilla noted that a new private contractor of the CMIPP or any company interested to operate the CMIPP is required to follow the FPIC.
    "The conduct of FPIC for the operator to deal with the Bugkalot tribe will open up opportunities for the long-time disheartened tribe to claim their percentage share from the income of the CMIPP, among others, with the utilization of the natural resources within the tribe's ancestral domain," the governor said.
    He said he has already advised the NCIP to make all the preparations and lay down the groundwork for the impending conduct of the FPIC within the ancestral domain of the Bugkalot tribe where the CMIPP is located.
    There have been small groups under the Bugkalot Federation trying to go on their own, which prompted Padilla to urge members of the tribe to be in one accord in this endeavor, especially since new developments are coming their way in their favor as a tribe.
    "I hope our fellow Novo Vizcayanos, particularly the Bugkalot tribe, will be united in this endeavor with the assistance of concerned government agencies," he said.
    A small number of Bugkalot tribe members have different stances on the setting up of a roadblock and barricades which prevented CMIPP workers from entering the project's structures.
    Two 26-kilometer run-off weirs and intake structures of CMIPP constructed along the Casecnan and Taan Rivers are located in Pelaway in Alfonso Castañeda town in Nueva Vizcaya.
    The CMIPP's 20-year build-operate-transfer or BOT scheme between the CE Casecnan Water and Energy Co. Inc. and the NIA which kicked off in 2001 officially ceased on Dec. 11, 2021.
    Immediately, the Psalm and NIA took over to operate CMIPP through a designated third-party operator that won the public bidding for the CMIPP's operation and maintenance. The Psalm gave assurance that the 165-megawatt CMIPP would continue operations in preparation for its privatization.
    The barricade was a protest against the entry of a new owner of the $675-million CMIPP for lack of FPIC from the traditional tribal or village leadership.
    In a move to settle the FPIC demand of the Bugkalot Federation, the NCIP last year attempted to settle with representatives of the NIA, Psalm, and CMIPP contractor Soosan ENS, but to no avail.

 

 

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Court orders lending execs jailed, fined for falsification of papers in case filed by SEC

The Securities and Exchange Commission (SEC) has successfully prosecuted a falsification case against officers, directors, and shareholders of a lending company who were found to have submitted falsified documents for registration with the Commission.
    In a decision dated March 8, 2023, the Pasay Metropolitan Trial Court Branch 47 found nine incorporators and officials of Phil86 Gurunanak Lending and Trading Corp. (Phil86) guilty beyond reasonable doubt of violating Article 172 (1) of the Revised Penal Code (RPC), providing penalties for the Falsification of Public Documents by a Private Individual.
    The accused, namely Nicanor Borong Jr., Nelson L. Henson, Irene T. Romero, Michael R. Ligaray, Regina S. Elizon, Gurjant Singh, Harnaib Singh, Tarsem Singh Daliwal, and Gurmeet Kaur Kaila, were sentenced to each suffer imprisonment of up to two years and six months of imprisonment and were also ordered to pay a fine of P100,000 each or a total of P900,000.
    The Trial Court, however, has allowed the accused to file appropriate remedies under applicable rules to contest the decision.
    The SEC filed the criminal case against the accused incorporators, directors, and officers of Phil86 after finding irregularities in the Certificate of Bank Deposit that they submitted for the registration of the Lending Company with the Commission. The Certificate of Bank Deposit was made supposedly in compliance with Republic Act No. 9474, or the Lending Company Regulation Act, which prescribes a minimum paid-up capital of P1 million for lending companies.
    The SEC Company Registration and Monitoring Department (CRMD) found that the bank certificates submitted were falsified upon their verification with the bank.
    Article 172, Paragraph 1 of the RPC provides that any private individual who commits falsifications in any public or official document or letter of exchange Page 2 of 3 or any other kind of commercial document shall incur a penalty of two years, four months and one day up to six years.
    “This Court finds that the accused… as directors, officers, stockholders, and incorporators, signed the documentary requirements to the SEC knowing fully well that included among the requirements therein is a notarized bank certification of their paid-up capital,” the court held.
    “They knew that the same is a requirement and that they stand to benefit therefrom as it is a documentary requirement for the corporation they seek to form without satisfactory explanation, the Court hereby finds that they are liable as the forgers of the falsified bank certificate.”
    As part of the government-initiated crackdown against illegal lenders engaged in a “5-6” scheme and other usurious practices that started in 2016, the SEC remains vigilant over the registration and operations of lending and financing companies. The SEC has since secured the convictions of 74 individuals for violation of the LCRA.
    In 2021, the Commission also saw the conviction of the officials of lending companies Naurasidhu55 and X-CEE789 Lending and Trading, Inc. for violating the LCRA, after falsifying their registration documents.
    The SEC, through the Corporate Governance and Finance Department (CGFD), has already revoked the primary registration of a total of 2,084 lending companies for non-compliance with the LCRA.
    It has also revoked the secondary license of 39 lending/financing companies due to various violations of SEC rules and regulations. Currently, the Commission is actively prosecuting 375 individuals in 56 cases for violations of Republic Act No. 8799 or the Securities Regulation Code, and three cases for violations of the RPC. With the successful conviction, the SEC warns the public to be careful in their submissions and be truthful in all their declarations.

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