Sandigan rejects bids to stop 159 Malampaya misuse raps
BY PETER TABINGO
TWO private contractors have failed in their bid to seek outright dismissal of the 159 criminal charges filed before the Sandiganbayan in 2017 involving alleged irregularities in the use of the Malampaya Funds in 2008.
The anti-graft court’s Second Division yesterday denied the Motions for Leave to File Demurrer to Evidence filed last month by private defendants Bella Tiotangco of BCT Trading and Construction and Jesus Tan of Goldrock Construction and Development Corp.
A demurrer to evidence is a challenge to the sufficiency of the documents and testimonies presented by the prosecution to support the indictment. If granted, it will have the effect of an outright acquittal for the defendants since it will be a ruling on the merits.
Based on the 2017 indictment, graft investigators of the Office of the Ombudsman said BCT Trading and Construction was awarded 80 contracts with a total value of P722.75 million, while Goldrock Construction won contracts worth P36.331 million.
In all, prosecutors filed 75 counts of graft charges, 77 counts of falsification of public documents and 7 counts of violations of Section 2 of Presidential Decree No. 1759 penalizing contractors and subcontractors who violate conditions in their contract as well as public officials who allowed such violations.
The 159 cases were based on the supposed anomalous implementation of 210 public works contracts in 2008 worth P1.585 billion.
Prosecutors alleged violations of procurement laws, lack of provisions for damages in the event of delay, submission of spurious accomplishment reports, and release of payment despite incomplete or defective work on government infrastructure, including roads, school buildings, day care centers, and an airport project.
Tiotangco said there was no competent evidence presented to prove the graft and falsification charges against her as she had no personal involvement in the preparation of any documents, including the Statement of Work Accomplished (SWA) as shown by the absence of her name and signature on any of them.
She added that the marked exhibits offered by government lawyers against her tended to prove only the existence of the contracts and agreements of other problems.
Tan, for his part, said none of the evidence presented tended to prove the material allegations in the information. He asserted that as a private contractor, he had no hand in the invitation for offers and bidding since that was a job of the Palawan Bids and Awards Committee (BAC).
He added that the contract and its provisions were prepared by the government, hence contractors cannot be faulted for any mistake when it comes to requirements or compliance with applicable laws.
“The accused-movants herein palpably failed to specify the grounds for their respective motions for leave to file demurrer to evidence. Perusal of the motions … only shows general assertions to the effect that the prosecution failed to prove the allegations,” the Sandiganbayan said.
It clarified, though, that the denial of the defendants’ motions does not amount to a conclusion of their guilt or innocence.
“At this point of the trial, there being sufficient evidence to sustain the indictment for the crime charged, the accused must now bear the burden to controvert the evidence of the prosecution,” it pointed out.
The contractors were told to present their assertions supported by evidence at the resumption of the trial.
Associate Justice Arthur O. Malabaguio penned the ruling with the concurrence of Associate Justice Oscar C. Herrera Jr. and Edgardo M. Caldona.
Laity opposes divorce bill
BY Gerard Naval
THE Sangguniang Laiko ng Pilipinas (LAIKO) yesterday expressed strong opposition to the divorce bill pending at the House of Representatives, saying divorce is not the solution to marital problems.
In a radio interview, LAIKO president Francisco Xavier Padilla said there are remedies available, like marriage and family counseling,
“Divorce is not the answer. It’s not the immediate answer. There are other ways to be able to fix the marriage that was solemnized under God,” he said.
Padilla also said it would be best to prepare couples for marriage instead of allowing marriages to break up. He said various lay organizations are prepared to help couples strengthen the foundation of marriage.
“We need to have marriage preparation. Marriage is not something you go through without preparations. You need to know if you are compatible. You need to know your stands on certain issues,” he said.
“There are so many ways that LAIKO can help with that. We have various formation programs, regardless of social class. We can teach them marriage preparation,” he added.
House Bill 9349 or the Absolute Divorce Bill has reached the plenary level of the House of Representatives, and is set to undergo debates.
It is only in the Philippines and the Vatican City where divorce remains banned.
Marijuana worth P76.03M seized at Manila port
BY VICTOR REYES
OPERATIVES of the Philippine Drug Enforcement Agency (PDEA) seized 63.36 kilos of high-grade dried marijuana at the Manila International Container Port in Manila last Tuesday.
The seized contraband, worth P76.03 million, was seized by personnel of the Seaport Interdiction Unit of the PDEA National Capital Region in coordination with other PDEA units, the Bureau of Customs and the PNP.
The illegal drugs were seized at around 1 p.m. during an interdiction operation at the MICP’s Designated Examination Area, Container Freight Station 3 in Tondo, Manila.
Seized during the operation were 126 heath-sealed transparent plastic bags containing the dried marijuana.
The operation was witnessed by representatives of the Department of Justice, barangay and media.
No one was arrested during the operation.
PDEA-NDR spokesman Arvin Targa declined to say when the illegal drugs arrived in the country and where they came from.
“They are doing further investigation regarding the packages,” said Targa, referring to members of the PDEA operating units.
Targa said an investigation is underway preparatory to the filing of charges against the persons behind the importation of illegal drugs.
He said the operation stemmed from “derogatory information” coming from “partner agencies.”
12K schools found to have ineligible grantees
of DepEd voucher program
BY RAYMOND AFRICA
THE Private Education Assistance Committee (PEAC) yesterday said more than 12,000 schools have been found to have ineligible grantees of the Department of Education’s voucher program as of school year 2022-2023.
PEAC executive director Rhodora Ferrer disclosed this after Sen. Raffy Tulfo inquired on the reported “ghost beneficiaries” of the DepEd program during the Senate Committee on Basic Education inquiry on the updates on the implementation of the Expanded Government Assistance to Students and Teachers in Private Education (E-GASTPE).
Ferrer said a total of 12,675 schools have issues with the DepEd voucher program but they were merely “clerical,” which led to the schools giving back the funding to the department.
She said some of the clerical issues include students declared as voucher recipients but did not apply for the program like in the case of students from the Alternative Learning System, who are not automatically eligible for the grant.
“Some issues here are clerical because it is spread over several schools. If you are an ALS completer, you are not automatically eligible. You should apply, but unfortunately, they did not,” Ferrer said.
She said that if there were cases where more than 10 students in a particular school were included in the voucher program but did not apply, it would be considered intentional.
She said that schools have so far returned around P239 million of the more than P300 million unrefunded as of schoolyear 2022-2023.
Tulfo said the return of the money should be expedited, and Ferrer agreed.
To prevent this from happening again, Ferrer said PEAC has required schools to submit documents to show acceptance of their billing requests for the grant so the DepEd can validate the list of students before releasing the funds.
The PEAC is a committee created by EO 156 to serve as trustee of the Fund Assistance for Private Education. It is composed of the secretary of education as chairperson and has its members representatives from the National Economic and Development Authority, Catholic Education Association of the Philippines, Association of Christian Schools, Colleges, and Universities, and Philippine Association of Colleges and Universities. – Reuters
Comelec: Expect longer voting time in 2025 polls
BY GERARD NAVAL
THE Commission on Elections (Comelec) yesterday said voting time during the 2025 midterm elections is expected to be longer due to the introduction of the new Full Automation System with Transparency Audit/Count (FASTrAC).
Elections chairman George Garcia said the poll body sees voters taking a longer time to cast their votes as they still need to get familiar with the new system.
“The duration to cast votes will be longer because the machines are new. We need to properly explain the system to them. Some may not find it easy to vote, but we cannot drive them away,” he said.
To note, the FASTrAC is set to be introduced by the Comelec in the May 2025 polls, with the joint venture of Miru Systems set to be the service provider.
Aside from the new automated election system, Garcia said there is also the possibility of holding the plebiscite for the proposed Charter change, which he said would further lengthen the voting time.
President Marcos Jr. yesterday said prefers the simultaneous conduct of the Cha-cha plebiscite and the May 2025 elections, pointing out that separately conducting the two electoral exercises would be costly for the government.
The President’s statement is a confirmation of Senate President Juan Miguel Zubiri’s announcement earlier this week that Marcos wants the two exercises done jointly.
Garcia on Tuesday said the government would save at least P13 billion if the two electoral activities are synchronized.
Garcia said the early voting hours for vulnerable voters will come in handy during the May 2025 polls and ensure that everyone will have the opportunity to cast their votes.
“Come the next elections, we will implement early voting hours from 5 a.m. to 7 a.m. in the entire Philippines so that more can cast their votes,” he said.
The early voting hours scheme was piloted during the October 2023 Barangay and Sangguniang Kabataan Elections, when persons with disability, senior citizens, and heavily pregnant women in Naga City and Muntinlupa City were allowed to vote ahead of other voters.
‘Mindanao secession
a scare tactic, bluff’
BY JOCELYN MONTEMAYOR
FORMER President Rodrigo Duterte on Tuesday night said he is not seeking the “forced carving out of Mindanao out of the Philippines,” saying that his previous statement on supposed plans to separate the island from the rest of the Philippine was a “scare tactic” and a “bluff.”
In a press conference on Tuesday night, Duterte said while being an “independent Mindanao” has long been the dream of “old” Mindanaoans, “there was never the slightest moment that I was thinking of placing the interest of Mindanao over and above the entire needs of the entire country” during his time as president of the country.
He said that when he talked about the possible separation of Mindanao during a press conference in Davao City on January 30, it was just a “scare tactic” or “bluff” to get the attention of Manila, which he said was too focused on focused on the controversial people’s initiative (PI) to amend the 1987 Constitution.
“Pang hadlok ra man na, pang atik lang ‘yun kasi kung hindi mo ganunin ang mga taga-Maynila, parang sipain mo ‘yung paa at sabihang, ‘P***ng ina mo, hindi lang ikaw ang Pilipino! Hindi lang kayo ang Pilipino (It was just to scare, just a bluff because if you don’t treat the people of Manila like that, it’s like you’re kicking their feet and saying, ‘Son of a b****, you’re not the only Filipinos! You are not the only Filipinos),” he said.
During the January 30 presser, Duterte said Mindanaoans have started a signature campaign, similar to the Cha-cha PI, which they intend to present to the United Nations to raise the separation of Mindanao from the Philippines.
President Marcos Jr. and Mindanao lawmakers, as well as congressmen and senators from Luzon and the Visayas, have rejected the supposed plan to separate the island from the rest of the country.
‘PNP needs to dismiss all cops involved in Jemboy’s killing’
BY RAYMOND AFRICA
SENATE deputy minority leader Risa Hontiveros yesterday said the PNP can do its part in giving justice to the Baltazar family by ordering the dismissal from the service of all the cops involved in Jemboy’s killing in August 2023.
“I hope the PNP can finalize the dismissal from (the) service of the cops involved in this incident, especially the six who were accused. They should never again use their positions and firearms as cops against Filipinos,” Hontiveros said.
She said the PNP should be strict in implementing disciplinary action on erring policemen.
“If the PNP were only effectively implementing its actions against police scalawags, Staff Sgt. Gerry Maliban could have long been dismissed from service for his involvement in robbery extortion. Maybe Jemboy would still be alive today,” she added.
In a decision released by the Navotas City Regional Trial Court last Tuesday, Staff Sgt. Gerry Sabate Maliban was convicted of homicide while four others — Executive M/Sgt. Roberto Dioso Balais Jr., Staff Sgt. Nikko Pines Corollo Esquillon and Pat. Benedict Danao Mangada — were found guilty of the illegal discharge of firearms.
Staff Sgt. Antonio Balcita Bugayong was acquitted by Navotas RTC Branch 286 Presiding Judge Pedro Dabu Jr.
Hontiveros said Senate committee investigations on Jemboy’s case led to a proposal to expand the powers of the PNP-Internal Affairs Service under Senate Bill No. 2449 of the Organizational Reforms in the PNP Bill.
“The bill, among other things, will empower the PNP Internal Affairs Service to conduct motu propio investigations during incidents of death, serious physical injuries, and human rights abuses during police operations; when police officers are involved in crimes such as murder, kidnapping, illegal detention, robbery, violence against women and children, and crimes involving moral turpitude,” she said.
Rodaliza Baltazar, the mother of 17-year-old Jemboy who was killed in what the cops later claimed was a case of mistaken identity, said she felt her son was “killed” anew with the court’s decision on the cops involved in the death of his son.
Rodaliza said the family expected all the cops involved to be jailed for the killing, but it turned out otherwise.
“It’s like they killed our son again with that decision on the six policemen. I am hurt because the decision is just like that, that the four cops will be imprisoned for only four months,” Rodaliza said in Filipino during a press conference at the Senate with Hontiveros.
She lamented that justice has been elusive to a poor family like theirs.
“It is really painful to us that when you are poor, you will find it hard to get justice,” she added.
Jessie Baltazar, father of Jemboy, said their family will exhaust all possible legal means to get justice for their son.
“We will fight until the end. We will not give up,” Jessie said.
Senate panel eyes streamlined PS-DBM
BY RAYMOND AFRICA
SEN. Juan Edgardo Angara yesterday said the Senate will probably not recommend the abolition of the Procurement Services of the Department of Budget and Management (PS-DBM) which was involved in anomalies and irregularities in the procurement of supplies at the height of the COVID-19 pandemic,
“I don’t think we’re going to abolish. I think we are going to streamline the power so that the abuses (will be prevented),” said Angara in a mix of Filipino and English in a chance interview after a hearing on several measures recommending the abolition of the agency.
Angara said the finance committee which he chairs will propose measures to make sure the PS-DBM will stick to its mandate of procuring only common-use supplies for government agencies. He said the PS-DBM went beyond its mandate by procuring even highly-technical equipment.
Also, he said the PS-DBM has no permanent employees, does not report to or coordinate with its mother agency which is the DBM, which he said is bad for the government since it is left unchecked.
“The PS-DBM somewhat has its own world. So, now there should be accountability, they should be answerable. And we will stick to the original concept of the PS-DBM which is to procure common-use supplies like computers, ball pens, cartridges, vehicles. Those are the common-use supplies),” he said.
“The problem was that it was used to procure technical equipment, which is not the intention of its creation. The intention is for government to buy in bulk so it can save money),” he added.
Angara said once the mandate of PS-DBM is streamlined, government agencies should learn how to strengthen their procurement system.
Angara said there were 13 bills filed in the Senate calling for the abolition of the PS-DBM and of the Philippine International Trading Center, but only two have been referred to his committee, which he said will limit the discussions on the PS-DBM.
The other proposed bills were referred to the Committee on Trade, Commerce, and Entrepreneurship chaired by Sen. Mark Villar.
Troops assault NPA lair in Iloilo; 3 rebels killed
BY VICTOR REYES
THREE New People’s Army (NPA) rebels were killed as government troops, supported by artillery, assaulted a rebel lair in San Joaquin, Iloilo early morning yesterday.
The fight between troops from the Army’s 61st Infantry Battalion and some 20 rebels broke out at 3:20 a.m. in Barangay Torocadan, where the 15,000 square meter rebel camp was located.
Brig. Gen. Michael Samson, commander of the Army’s 301st Brigade, said the insurgents opened fire at the approaching soldiers who were in a disadvantageous position.
“They were in a disadvantageous position, that’s why they requested artillery fire,” said Samson.
Samson said artillery rounds from the Autonomous Truck Mounted Howitzer System, which was acquired from Israel last year under the AFP modernization program, hit the rebel position.
“They are accurate,” said Samson of the artillery asset. “Worth noting is that we have surveillance planes to support the accuracy of the (artillery) fires.”
Ground troops resumed the assault after the artillery fires, eventually capturing the enemy lair that had 10 makeshift tents.
During clearing operations, troops recovered the bodies of three NPA rebels, four M16 rifles, an AK47 rifle, three bandoleers, a commercial radio, and nine backpacks with the personal belongings of the rebels.
The military said bloodstains were also seen on the withdrawal routes of the rebels, indicating that some of the fleeting rebels were wounded.
Samson surmised the rebels were consolidating at their camp to plan “tactical offensives” against government troops.
“They were at a consolidation stage so we addressed (the matter). Their presence was reported by residents and informants who do not welcome them in Barangay Tarocadan, San Joaquin,” said Samson.
As of yesterday, troops were still conducting pursuit operations against the fleeing rebels.
“We are really (determined) to dismantle the remaining two guerrilla fronts here, that’s why we intensified our operations. They are weakened (guerrilla front) but we still need to dismantle them,” said Samson.
Samson said the successful military operation “serves as a warning to the remaining members of the CNTs (CPP-NPA Terrorists) that still espouse violence to pursue an unwanted cause.
“It is never too late to choose the path of peace and go back to the folds of the law and be with their families and loved ones. The government welcomes them to go back to the mainstream of society, otherwise, the long arm of the law will eventually catch up on these NPA rebels,” said Samson.
The AFP Visayas Command (Viscom) said the military has dealt four major losses to the NPA over the past weeks, leading to the death of 13 rebels and the recovery of 34 firearms.
“Even after the series of significant gains that we have accomplished against the CPP-NPA these past few days, we will remain vigilant and continuously intensify our focused military operations to ensure that these menace in our society will never again set a foothold in the region,” said Viscom commander Lt. Gen. Benedict Arevalo.
Arevalo said the military is “geared towards neutralizing the remnants of the NPA terrorists in the region.”
“The success of our campaign early this year is a testament that we are dead serious about ending the local communist armed conflict in the region at the soonest possible time, and we are willing to use our full might to achieve this,” said Arevalo.
Arevalo also renewed his call to the remaining rebels to surrender, saying: “We will never stop. Our efforts will continue to intensify. Embrace the call of the government and return to the folds of the law while you still can.”
In Antipolo City, a female NPA rebel surrendered to the Army’s 80th Infantry Battalion, Antipolo City police station and Rizal provincial police office last February 20.
The rebel turned over an improvised shotgun, a cal. 38 revolver, a hand grenade and several rounds of ammunition.
The Army’s 2nd Infantry Division said the rebel confessed she and other new NPA recruits ambushed government troops in General Nakar town in Quezon many years ago as part of their test mission. — With Christian Oineza
CA driver fined for misconduct over 2022 road rage incident
BY ASHZEL HACHERO
THE Supreme Court (SC) has found a driver of an associate justice of the Court of Appeals guilty of vulgar and unbecoming conduct and simple misconduct in connection with a road rage incident in 2022.
The High Court imposed a P35,100 fine on Gerardo Manganaan, a driver of CA Associate Justice Carlito Calpatura, and warned him that “a repetition of the same or similar acts in the future shall be dealt with more severely.”
“The acts of Manganaan demonstrated arrogance, which is unbecoming of a public servant, tantamount to simple misconduct. The Court En Banc reminded judiciary employees (that they) should be circumspect in how they conduct themselves inside and outside the office,” a statement issued by the SC said.
Manganaan, according to the SC, reportedly repeatedly tried to cut through the convoy of the National Defense College of the Philippines (NDCP). At one point, he even supposedly confronted the NDCP driver, who was identified as a certain Sgt. Gagelonia, why he (Gagelonia) refused to allow him to pass through when he was driving a government vehicle.
“Worse, he rudely and repeatedly pointed a finger at Sgt. Gagelonia before returning to his vehicle,” the SC said.
While the High Court did not provide the date and location of the incident, Gagelonia’s incident report was dated April 27, 2022.
The SC said Manganaan’s actuation fell short of the standards expected from a court employee.
“Court employees have been enjoined to adhere to the exacting standards of morality and decency in order to preserve the judiciary’s good name and standing as a true temple of justice,” it said.
Govt loses claim on coco levy firms
BY PETER TABINGO
GOVERNMENT lawyers dropped the ball on a crucial stage of Civil Case No. 0033-B sealing the fate of one of eight coconut levy cases and wasting 37 years of efforts to recover alleged ill-gotten wealth.
In a six-page resolution issued yesterday, the Sandiganbayan Second Division granted the motion of the Philippine Coconut Producers Federation Inc. (Cocofed), Coconut Investment Co. (CIC), and Cocofed Marketing Corp. (Cocomark) for the issuance of an Entry of Judgment on the case.
The recording of the judgment in CC No. 0033-B in the book of entries of judgment serves notice that no appeal, motion for new trial, or motion for reconsideration was filed by the government within the time provided in the rules.
It also bars any further challenge or attempt for modification of the outcome since the clerk of court will also issue a certificate that the judgment had become final and executory.
In the resolution penned by Associate Justice Arthur O. Malabaguio, the special anti-graft court noted that the Office of the Solicitor General (OSG), counsel for the government represented by the Presidential Commission on Good Government (PCGG), failed to take any action despite repeated notice and service of copies of the pleadings of Cocofed, CIC and Cocomark.
Court records showed the court granted the defendant corporations’ Motion to Dismiss on May 16, 2023 for inordinate delay on the ground that the Republic of the Philippines failed to present its evidence more than two decades after pre-trial was set on March 16, 2000.
The PCGG, through the OSG, filed a motion for reconsideration which was also denied on July 31, 2023.
Upon the request of the defendant firms, the Sandiganbayan issued a Certificate of Finality dated January 17, 2024, again noting the absence of any comment or pleading on the part of the OSG-PCGG.
On January 24, 2024, the defendant companies filed a Motion for Issuance of Entry of Judgment and it was only on February 1, 2024, a week after, that the OSG responded with a Comment asking the Sandiganbayan for “leniency” to allow it to object to the motion.
The OSG said it did not receive a copy of the July 31, 2023 resolution that denied its motion for reconsideration and that the handling lawyer only saw the said ruling on January 26, 2024 when the PCGG employee detailed to the OSG handed in a copy of the document.
It apologized to the court and invoked the “interest of substantial justice” as well as “the great public interest involved” in the case.
The Second Division declared itself unimpressed and pinned the blame squarely on the OSG.
“Plaintiff’s justifications for its lapses are inexcusable. Foremost, the OSG, as principal law officer and legal defender of the government, possesses the unequivocal mandate to appear for and in its behalf in legal proceedings,” the court pointed out.
It reminded the OSG that it is “not just the principal but the sole counsel of the government” to defend it and bring actions on behalf of the Republic.
It noted that a copy of the July 31, 2023 resolution was served by electronic means on August 1, 2023, which gave the OSG and the PCGG 15 days to file a petition for review on certiorari to the Supreme Court.
“Here, no petition for review was filed by plaintiff within the reglementary period. Hence, the failure of herein plaintiff to file an appeal from the denial of its motion for reconsideration renders finality to the subject resolutions of this Court,” the Sandiganbayan declared.
The original complaint, Civil Case No. 0033, was filed on July 31, 1987, naming as respondents late businessman Eduardo Cojuangco Jr., the late President Ferdinand Marcos, his wife former First Lady Imelda Marcos and other individuals and corporate defendants.
Due to the sheer number of respondent companies and individuals involved, as well as the interlocking interests of the firms funded by the coconut levy funds, the Sandiganbayan ordered the main complaint subdivided into eight cases (0033-A to 033-H) in 1995 for more orderly proceedings.
This worked well worked for some of the subdivided cases like Civil Case No. 0033-A involving the United Coconut Planters Bank (UCPB) and Civil Case 0033-F involving 27 percent of San Miguel Corporation which were both won by the PCGG.
In Civil Case No. 0033-B, however, the system failed — badly.
Despite pendency in court for 37 years and 23 years after pre-trial was set, the case did not see even a single day of trial.
The lawsuit alleges that the coconut levy funds collected from farmers were used to create several companies, including CIC and Cocomark.
According to the OSG, since the funds collected from the coconut levy are public funds, then all the assets acquired using the same money must likewise belong to the government.
However, more than three decades after reaching the court, the government failed to proceed to trial to prove its case.