News highlights: February 27, 2024

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PDAF case: Private defendants won’t go to jail
but told to repay P4.5 million

BY Peter Tabingo

PETRONILA and Fernando Balmaceda, executives of Pangkabuhayan Foundation Inc. (PFI), no longer have the danger of lengthy incarceration hanging on their heads but they are now facing a different kind of headache after the Sandiganbayan held them jointly liable to indemnify the government in the sum of P4.5 million together with former Malabon-Navotas Rep. Alvin Sandoval and three former officials of the Technology Resource Center (TRC).

The anti-graft court’s First Division, in a 108-page decision promulgated February 27, 2024, swept aside the Balmacedas’ denial of any connection to PFI and asserted their signatures on documents relative to the foundation and the PDAF-funded projects were forged.

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“The evidence on record… easily defeats their bare denial. Needless to state, unsubstantiated denial is a weak defense and cannot be given credence as it is self-serving,” the court declared.

Associate Justice Geraldine Faith A. Econg penned the decision, with Associate Justices Efren N. de la Cruz and Juliet M. Manalo-San Gaspar concurring.

It noted that Fernando admitted on record having done nothing to rectify the situation even after his supposed discovery that his name was on the incorporation documents and transactions of PFI.

“He cannot feign innocence or ignorance as his inaction despite notice refutes his insistence that he has no knowledge of PFI. Surely an innocent man would take action upon knowledge of another person usurping his name and identity,” it pointed out.

In like manner, the court rejected Petronila’s attempt to dissociate herself from the NGO.

“Accused Petronila cannot deny her involvement in PFI as the documentary exhibits show consistency in the use of her name and address in all incorporation and business documents of PFI,” the Sandiganbayan said.

Other circumstances further bolster the couple’s connection with PFI: their names and signatures also appeared in the foundation’s re-registration; both confirmed the listed principal address of PFI was their previous residence; Petronila’s signature in several bank instruments showed that she opened and was a signatory of the foundation’s bank account.

Still, the court held that the prosecution’s evidence fell short of the required proof to establish the three modes by which violation of RA 3019 or the Anti-Graft and Corrupt Practices Act may be committed.

“Be that as it may, this Court finds the third element… (that) the act was done through manifest partiality, evident bad faith, or gross inexcusable negligence, lacking with respect to accused Petronila and Fernando,” the Sandiganbayan said.

On the same basis that Sandoval and TRC executives Maria Rosalinda Lacsamana, Marivic Jover, and Consuelo Lilian Espiritu were acquitted of all criminal charges, the court held that there was insufficient evidence to convict the Balmacedas on either graft or malversation of public funds.

“While the Court has found that the allocation and implementation of the livelihood project …as tainted by irregularities, the separate acts of accused Sandoval, Lacsamana, Jover and Espiritu, however flawed, cannot be deemed committed through manifest partiality, evident bad faith, or gross inexcusable negligence,” it added.

The Sandiganbayan noted that the releases of Sandoval’s PDAF allocations took place between 2007 and 2009 whereas the Supreme Court ruling declaring the congressional pork barrel system unconstitutional was issued only in 2013.

“Accused Sandoval’s acts relative to the questioned PDAF-funded projects, … requesting the release of his PDAF, endorsing an NGO to implement the project, signing the MOA and confirming the report of the PFI could not be considered as corrupted. When the Supreme Court eventually declared said acts as unconstitutional, the doctrine of operative fact still clothes accused Sandoval’s acts with the presumption of validity,” the court explained.

Nonetheless, it held that the acquittal of the defendants did not extinguish their civil liability since what the law requires is not proof beyond reasonable doubt but only preponderance of evidence or “evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.”

“There is preponderance of evidence that several irregularities attended the conduct of the livelihood project. There is no question that their separate, yet collective acts or omissions led to the release of the PDAF to PFI and the irregularities that plagued the project,” the court said.

NGO exec gets 24 years jail term for role in PDAF scam

BY PETER TABINGO

AN officer of Gabaymasa Development Foundation Inc., a non-government organization (NGO) implicated in the multi-billion pesos Priority Development Assistance Fund (PDAF) scam, has been sentenced to a total of 24 to 40 years imprisonment for involvement in corruption.

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In a 71-page decision released on February 23, 2024, the Sandiganbayan Third Division convicted private defendant Ma. Cristina Vizcarra on two counts each of malversation of public funds and violation of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act.

She was meted six to 10 years jail terms for both graft cases, 10 to 14 years for the first malversation case, and two to six years for the second malversation case.

The court also imposed fines totaling P4.85 million for both malversation charges and held her jointly liable with National Agribusiness Corp (Nabcor) executives Encarnita Cristina Munsod and Romulo Relevo and fellow Gabaymasa officer Margie Luz to reimburse the government in the same amount of P4.85 million payable to the Bureau of Treasury.

Munsod, Relevo, and Luz were already convicted on all four charges in a separate 86-page decision issued on September 2, 2022.

Vizcarra, who remained at large for five years after the case was filed in court, voluntarily surrendered on October 24, 2022.

On the other hand, former Eastern Samar Rep. Teodulo Coquilla who was originally indicted together with them, passed away in 2018 resulting in the dismissal of all charges against him.

Associate Justice Ronald B. Moreno penned the decision, with Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez concurring.

The court affirmed its pronouncement in the 2022 ruling that the release of Coquilla’s PDAF allocations to Nabcor and the subsequent transfer of the funds to Gabaymas was tainted by manifest partiality and evident bad faith.

The prosecution’s case was anchored on the findings of state auditors Abdelgani Sultan, Bella Tesorero, and Joan Agnes Alfafaras who were also called to testify on the anomalies uncovered during their review of the transactions, including non-existent procurements and bogus distribution of supposed fruit-tree seedlings to various barangays.

Traders Gegie Fietas of Marinduqeño’s Garden Shop and Jerry Aurellano of KP Enterprises confirmed the audit findings that the supposed purchase of fruit tree seedlings could not have been true since they did not sell them and had no transactions with Gabaymasa.

Barangay chairpersons presented in court clinched the conviction of the accused when they denied receiving any instructional materials or seedlings from the NGO.

In convicting Vizcarra, the Sandiganbayan reiterated its finding in the 2022 decision that “the accused willingly went along with the ignoble scheme of accused Coquilla by completing the act of embezzling the PDAF-drawn funds through the implementation of a fictitious and nonexistent livelihood projects.”

“The prosecution was able to prove beyond reasonable doubt that accused Vizcarra acted in furtherance of the conspiracy to commit the offenses as charged,” the Sandiganbayan declared.

Senate issues subpoena vs 2 suspects in
beauty queen’s disappearance

BY RAYMOND AFRICA

THE Senate Committee on Public Order and Dangerous Drugs yesterday ordered the issuance of subpoenas against two suspects in the disappearance of beauty contestant Catherine Camilon.

The two — dismissed Police Major Allan de Castro and his bodyguard, Jeffrey Magpantay — skipped the inquiry on the issue yesterday.

Sen. Raffy Tulfo moved that subpoenas be issued, a motion approved by panel chairman Sen. Ronald dela Rosa for the “flimsy alibi” offered by the two.

In a letter to the committee through his legal counsel, Ferdinand Benitez, De Castro said he would have wanted to attend the hearing but could not do so to attend to his eight-month pregnant wife who is “currently having immense pains.

“I am personally attending to her and our incoming child as I am of the impression that there is a great risk on both my wife and my child who is still in her womb,” De Castro said.

De Castro said he will attend the hearing “as soon as I can, after I have ensured that my family’s health and well-being are safe from danger.”

He said he would furnish the committee with a copy of a medical certificate as proof of his wife’s condition.

Tulfo said De Castro’s reason was inexcusable as the dismissed police officer was not the one directly needing medical attention.

Dela Rosa said he also cannot accept De Castro’s alibi, recalling that he was not by his wife’s side when their three children were born due to his work as a former police officer.

Magpantay apologized for not attending the inquiry since his legal counsel was not feeling well, and that he could not find his vaccine card.

“Ako ay dadalo po sa susunod na lamang na patawag sa akin at kasalukuyan ko pang hinahanap ang aking vaccine card o record ng aking vaccination (I will attend the next hearing and I am still looking for my vaccine card or the record of my vaccination),” Magpantay said.

Dela Rosa said that should De Castro and Magpantay fail to attend the next scheduled hearing, warrants for their arrests will be issued by the committee.

De Castro, Magpantay, and several others were reportedly involved in the disappearance of Camilon last October and were charged with kidnapping and serious illegal detention.

De Castro and Camilon have an alleged relationship.

Based on CCTV footage, Camilon’s car was seen passing several towns in Batangas with several persons inside her vehicle.

Witnesses said they saw Camilon bloodied as she was transferred from her car to another vehicle on October 12 last year, with Magpantay in the area.

Police said the hair and blood samples lifted from the car matched the DNA profile of Camilon’s parents.

House leaders dared:
Put your money where your mouth is

By Gerard Naval

THE Kilusang Mayo Uno (KMU) yesterday challenged members of the House of Representatives (HOR) to live up to their pronouncements of providing workers with a higher wage increase than the one approved by the Senate.

In a brief statement, KMU Chairman Elmer Labog said they are challenging congressmen to push for a legislated wage hike amounting from P150 to P350 a day.

“We hope those people in the Lower House make good on their promise to increase the level of present wages to P350,” said Labog.

“We challenge the House of Representatives to put their money where their mouth is,” he added.

He said they are issuing the challenge as they suspect the wage issue is being used for political reasons.

“It is a suspicious move fraught with grandstanding,” said Labog.

Over the weekend, House Speaker Martin Romualdez directed House leaders to find ways to increase the take-home pay of workers, saying the P100 daily minimum wage hike approved by the Senate for private sector workers is too low.

Last Monday, the House Committee on Labor and Employment said they would listen to all stakeholders, including investors, to determine what amount of wage increase would be most acceptable.

For its part, the Partido Manggagawa (PM) assailed the employers’ sector for constantly opposing calls for wage hikes.

In a separate statement, the PM noted that employers have opposed any wage hike proposal at the level of regional wage boards since 1989 and against the legislated wage proposals since 1999.

“Their permanent opposition to any proposal since time immemorial speaks volumes about their regard for the lives of ordinary workers in our country,” said PM.

“In other words, they will cry wolf against any wage proposal, but neglect to mention how workers suffered a life of poverty,” it added.

The labor group said such a position from employers is simply unacceptable as they are always opposed to giving workers their “fair share in the social wealth”.

“Employers always view wage hikes, union rights, and equitable distribution of wealth as anti-business,” lamented PM.

NPA leader in Western Mindanao killed in Zamboanga del Sur

BY VICTOR REYES

THE top leader of the New People’s Army (NPA) in Western Mindanao was killed in a firefight with government troops in Zamboanga del Sur yesterday.

The Army’s 102nd Brigade identified the slain rebel leader as Aprecia Rosete, alias Bambam, the head of the NPA’s Western Mindanao Regional Party Committee.

Rosete, who has been tagged as the mastermind behind the murder, extortion and other atrocities in the Zamboanga Peninsula, was slain during an operation conducted by troops from the Army’s 53rd Infantry Battalion (IB) in Barangay Mapagalad, Dumingag town.

Troops recovered at the encounter site an AK47 rifle with two magazines, a cal. 45 pistol with magazine, and the personal belongings of Rosete.

The military said the death of Rosete, who has some 30 standing arrest warrants, ended her “reign of terror.”

“Our troops have displayed exceptional courage and professionalism in this operation. This successful neutralization underscores our unwavering commitment to safeguarding the safety and security of our communities,” said 53rd IB commander Lt. Col. Terrence Ylanan.

Brig. Gen. Gabriel Viray III, commander of the Army’s 1st Infantry Division, said the death of Rosete may lead to the dismantling of the Western Mindanao Regional Party Committee.

“This operation marks a critical step towards dismantling the Western Mindanao Regional Party Committee that will eventually allow unhampered delivery of basic services in all remote areas of Zamboanga Peninsula,” said Viray.

“I commend the bravery and dedication of the troops involved. Your sacrifices and hard work have finally paid off,” added Viray.

AFP Western Mindanao Command chief Lt. Gen. William Gonzales said “justice has been served” with the death of Rosete.

“This victory marks a significant milestone in our journey towards peace and stability, paving the way for sustainable regional development,” said Gonzales.

Don’t buy smuggled onions sold online, DA urges public

BY JED MACAPAGAL

THE Department of Agriculture (DA) yesterday appealed to the public not to patronize smuggled onions which are being sold online as it announced the conduct of a probe on the alleged anomalous sale of National Food Authority (NFA) rice supplies.

The DA, through the Bureau of Plant Industry (BPI), said that aside from its negative impact on the income of local onion producers, smuggled onions also pose health risks.

BPI director Gerald Glenn Panganiban said they have already coordinated with the PNP and the National Bureau of Investigation (NBI) to help in monitoring and stopping the illegal practice involving onions.

“When that was reported to us, we immediately wrote to the PNP and our law enforcement authorities in the NBI and at the Bureau of Customs to inform them that these issues exist, and they are very responsive,” Panganiban said.

BPI said the PNP is set to put out a memo in its regional offices to stop the spread of illegal onions in the country.

“On our part, we assure that issued sanitary and phytosanitary permits for onions from last year was already utilized and we are not issuing more. Those alleged smuggled goods carry the risk of sanitary and phytosanitary pests or diseases. So, we hope that the public will not patronize especially if we are not sure of their sources,” Panganiban said.

On the other hand, DA Secretary Francisco Tiu Laurel Jr. yesterday ordered a thorough investigation into allegations that the NFA sold thousands of tons of rice to certain traders at a price disadvantageous to the government.

Laurel created a panel of investigators to look into reports that certain NFA officials allegedly authorized the sale of milled rice stored in the agency’s warehouse for P25 per kilo without bidding and after purchasing the grains in palay form at P23 per kilos.

“We do not brush aside reports of impropriety against officials of the DA, regardless of the source. We also welcome any government agency who may wish to conduct their own probe to ferret out the truth,” Laurel said.

Pag-IBIG Fund told to make mortgage financing more accessible

BY JOCELYN MONTEMAYOR

PRESIDENT Marcos Jr. yesterday directed the Pag-IBIG Fund to make its mortgage financing more accessible to Filipinos as he reiterated his administration’s goal of building the highest number of housing units by any administration.

“I urge the Pag-IBIG Fund to make its home mortgage financing even more accessible and to balance this with sustainability. This is to inspire Filipinos today, and the generations to come, to work hard to reach their goal of a house that they can call their own,” Marcos said.

“With millions of our countrymen denied the right to decent shelter, the stakes could not be higher. So, our task is clear: To build the most number of housing units by any administration,” he added.

The President had previously set the goal of building one million homes for every year of his term as president or six million in six years.

Marcos yesterday said he, however, inherited a huge housing backlog that must be reduced.

“The challenge before us today, including those in the Pag-IBIG, the housing sector, and the local government units, is to translate these statistics into actual homes that people can live in,” said Marcos.

Department of Human Settlements and Urban Development (DHSUD) Secretary Jose Rizalino Acuzar, who also leads the 11-member Pag-IBIG Fund Board of Trustees, however, had said that constructions take time, especially in ensuring its quality.

The President acknowledged Pag-Ibig’s accomplishments for 2023, including its generating of assets of up to P925.62 billion.

Marcos said he expects it to grow to around a trillion by next year.

Pag-ibig also reported that its net income reached P49.79 billion while its dividend reached P48.76 billion.

Membership savings reached P86.26 billion while cash loans released last year reached P59.32 billion. Collection from loans also reached P142 billion.

Pag-Ibig also announced that the savings dividend rate for 2023 is now at 6.55 percent while the Modified Pag-Ibig II (MP2) return rate was at 7.05 percent as of the end of 2023.

Sara says she did not intend to issue EDSA anniversary statement

BY Wendell Vigilia

VICE President Sara Duterte yesterday said the Office of the Vice President’s statement quoting her as urging the public to uphold the spirit of the Edsa People Power Revolution was withdrawn last Monday because she did not intend to issue that statement.

Duterte, who has said her relationship with the President remains good despite her father, former President Rodrigo Duterte’s differences with the Chief Executive, said her previous stand against the bloodless uprising that toppled the late dictator Ferdinand Marcos Sr. remains the same.

“What I said in 2017 regarding the February 25 EDSA anniversary has never changed. My position remains the same today. I did not intend to issue a statement this year as I did not the previous year. Because of this, I removed the EDSA anniversary post from my social media page. I hope this will put the matter to rest,” the Vice President said on Facebook.

The Vice President, however, did not give any explanation on why the statement was released without her approval and who was responsible for it.

The statement, which was posted Sunday night and taken down from the Vice President’s social media pages, lauded all “the brave souls who stood united on the streets of EDSA, fighting for democracy and freedom.

“Their courage and determination paved the way for a better Philippines, and their sacrifices will never be forgotten,” the statement said. “As we celebrate this momentous occasion, let us remember the lessons of EDSA — the power of unity, the strength of the Filipino spirit, and the importance of standing up for what is right.”

Duterte was also quoted as saying: “Let us continue to build a nation where justice, peace, and prosperity prevail, where every voice is heard, and every dream is achievable. Happy EDSA anniversary to all Filipinos. May we continue to uphold the spirit of Edsa in all that we do.”

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