Disallowance on P42M MIAA excess overtime pay affirmed
BY PETER TABINGO
THE Commission on Audit (COA) en banc has denied the appeal filed by a former official of the Manila International Airport Authority (MIAA) asking to be relieved of liability in connection to the notice of disallowance (ND) issued in 2014 against the P42.87 million excess overtime pay for all agency personnel in January to December 2010.
In its eight-page decision, the COA Commission Proper sustained the disallowance noting that the overtime pay and night differentials exceeded 50 percent of the MIAA employees’ annual basic pay.
The ruling was signed by COA chairperson Gamaliel A. Cordoba and commissioners Roland Café Pondoc and Mario G. Lipana.
In the same ruling, the commission noted that a previous petition for review filed by former MIAA general manager Jose Angel Honrado was also denied on December 28, 2017 for being filed out of time and for lack of merit.
The said decision became final and executory in December 2018 and a Notice of Finality of Decision was issued on August 27, 2020 for all officials held liable, including Honrado, former MIAA GM Alfonso Cusi, former head executive assistant Melvin Matibag, senior assistant GM Antonio Bautista, assistant GM for finance Hermina Castillo, Finance Department manager Irene Montalbo, Accounting Division manager Joycelyn Mapanao, Accounting Division OIC Grace Gulinao, Personnel Division manager Amelia Sanico, senior industrial relations management officer Elena Paulete, supervising industrial relations management officer Ester Masanque, Administration Department OIC Emelvyn Valencia, and Human Resource Development Division manager Rosemarie Ereneta.
But in her motion for reconsideration dated October 29, 2020, Mapanao invoked her right to due process on the ground that she was deprived of the right to present her side since she was not part of the appeal memorandum in 2014 and was not furnished copies of subsequent COA rulings.
The Commission allowed Mapanao’s appeal despite the notice of finality having already been issued earlier, saying technicalities should not defeat substantial justice.
However, in the present decision, it upheld the validity of her inclusion among the officials held liable since she was responsible for certifying that the supporting documents for the disallowed pay were “complete and proper.”
“This Commission affirms Ms. Mapanao’s inclusion among the persons held liable under the ND on the basis of her certification. Without her certification, the payment of the disallowed transaction would not have materialized,” the commission pointed out.
Even MIAA rank-and-file employees who were only passive recipients of the excess pay are required to refund the amounts received by them individually, based on Supreme Court rulings in the cases of Chozas vs. COA (2019) and Madera vs. COA (2020).
“The SC held that the natural consequence of a finding that the allowances and benefits were illegally disbursed is the consequent obligation on the part of all the recipients to restore said amounts to the government coffers,” the COA added.
SC set to remove judicial review of prosecution findings
– DOJ exec
BY ASHZEL HACHERO
JUSTICE Undersecretary Raul Vazquez yesterday said the Supreme Court (SC) is set to strip judges of their power to conduct preliminary investigations or review findings of the Department of Justice for judicial determination of probable cause on whether there is sufficient ground that an offense has been committed.
Vazquez made the statement during Monday’s launching of the Dagupan City Justice Zone in Pangasinan.
Vazquez said the High Court is supposedly set to amend the Rules of Court by removing the lower courts’ preliminary investigation function, which means that courts will now immediately hold a trial following the filing of an information against an individual.
Once the said rule is amended, Vasquez said it is now the DOJ which will have the “sole and exclusive domain” to conduct preliminary investigations.
“This will speed up the process because the so-called motion for judicial determination of probable cause will be removed. It is the DOJ that will solely conduct the preliminary investigation. After the preliminary investigation, then it will proceed to trial already because the filing of cases exclusively belong to the DOJ,” Vazquez said.
“With a higher degree of proof in (the) filing of cases, from probable cause to prima facie evidence with reasonable certainty of conviction, and under the case build-up regime where the law enforcement and prosecution now cooperate, coordinate, and collaborate in evidence gathering and preservation, case preparation, assessment of the case, and the like, gone would be the days of frivolous cases, harassment suits, or weaponization of penal laws,” he also said.
To recall, under Rule 112 of the Rules of Court, officers authorized to conduct preliminary investigation include provincial or city prosecutors, judges of municipal trial courts and municipal circuit trial courts, national and regional state prosecutors, and other officers as may be authorized by law.
There are two kinds of determination of probable cause, namely executive and judicial.
Executive determination of probable cause is one rendered during preliminary investigation by prosecutors, who are given a broad discretion to determine whether there is probable cause to charge those who are believed to have committed the crime and be held for trial.
On the other hand, judicial determination of probable cause refers to the one made by a judge to ascertain whether a warrant of arrest should be issued against the accused individual.
The SC move, as well as the launch of the Dagupan Justice Zone, is part of the government’s overall effort to speed up the delivery of justice, Vazquez said.
“The goal of the establishment of a Justice Zone in Dagupan is not just to deliver swift and fair justice” to the people but also to “strengthen the capacity” of local communities in “harnessing the best of ‘Bayanihan,’ enabling them to work together, and providing the systems and resources that they need – to dispense the justice that our people deserve,” Chief Justice Alexander Gesmundo said during the launch.
The Dagupan City Justice Zone is the 13th such zone in the country after the ones in Puerto Princesa City, Palawan, Quezon City, Cebu City, Davao City, Angeles City, Bacolod City, Naga City, Calamba City, Balanga City, Baguio City, Zamboanga City, and Tagaytay City.
The JSCC composed of the SC, DOJ and DILG creates Justice Zones for the “purpose of achieving efficient and effective delivery of justice through coordination among justice sector institutions at the local level.”
It is also aimed at enhancing the coordination and communication among the SC, DOJ, and the DILG with the aim of strengthening the administration of criminal justice in the country.
PDEA reports huge decline in deaths of drug suspects
BY VICTOR REYES
SOME 195 drug personalities or suspects died in anti-drug operations during the first 18 months of the Marcos administration, a “monumental decline” compared to the same period of the Duterte administration, according to the Philippine Drug Enforcement Agency (PDEA).
The agency said the 195 suspects died from July 1, 2022 to December 31 last year when a total of 55,495 anti-drug operations were conducted throughout the country.
PDEA said 3,968 drug personalities died during the first 18 months of the Duterte administration in 80,782 operations conducted during the period.
A total of P31.07 billion worth of illegal drugs were seized during the first 18 months of the Marcos administration, compared to the P19.22 billion worth of drugs seized during the same period of the Duterte administration.
PDEA said 4.21 tons of shabu were among the illegal drugs seized during the first 1.5 years of the Marcos administration, compared to 2.59 tons of shabu seized during the same period of the Duterte administration.
Also, 75,880 drug personalities were arrested during the same period of the Marcos administration, compared to 80,742 during the Duterte administration.
“One and a half years of the PBBM administration caught a glimpse of the small wins and intangible achievements in the national anti-drug campaign. These modest successes are signs that the ruling government is on the right track and taking progressive steps to rid the country of illegal drugs,” PDEA said in a statement.
It said that while the number of anti-drug operations and arrests was lower during the Marcos administration, PDEA said “a monumental decline of 95 percent in the number of drug personalities who died during anti-drug operations was observed.
“The glaring dip in deaths is attributed to a pivotal shift, from a harsh approach at the time of the drug war to the present campaign where heightened attention on the conduct of intelligence-based, high-impact anti-drug operations is given much emphasis,” PDEA said.
“These substantial gains are a testament to the government’s resoluteness to actively pursue high-level drug traffickers and organized criminal networks involved in the illegal drug trade, while at the same time turning the spotlight on the strict adherence to the rule of law, and respect for life, dignity and rights of an individual,” PDEA added.
In an attempt to restore public confidence in the campaign against illegal drugs, PDEA said it and other law enforcement agencies “refocused their efforts to consciously apply human rights principles and practices in enforcement operations.”
It said anti-drug operations were balanced during the Marcos administration, giving primacy to the rule of law and the right to life without compromising the operations’ intensity and aggressiveness.
PDEA said anti-drug operations during the current administration are more intelligence-driven. It said non-violent methods were considered in arresting suspects and the “least amount of reasonable force” was applied against those armed.
“These factors led to a dramatic plunge in drug-related deaths in contrast to PRRD’s drug war,” said PDEA.
“Drawing lessons from the past on how devastating and destructive the war on drugs can be if it is carried on by lethal force, the present government chose to adopt a more humane approach to solve the drug problem, and is breathing new life into the anti-drug drive,” it added.
PDEA said the campaign against illegal drugs “has taken a new face and is working wonders” and is “consistently producing small but steady wins that may lead to even bigger victories as the fight against the drug menace ploughs on.”
24 inmates finished college last year: Solon
BY Wendell Vigilia
A TOTAL of 24 inmates across the country were able to complete their degrees last year through the Bureau of Jail Management and Penology’s (BJMP) College Behind Bars Program, Rep. Brian Yamsuan (PL, Bicol Saro) said yesterday, citing a 2023 accomplishment report of the Department of the Interior and Local Government (DILG).
Yamsuan also noted that 19,299 inmates were able to continue their education while in detention through the Bureau’s partnerships with private learning institutions, non-government organizations and the Technical Education and Skills Development Authority (TESDA).
Of the figure, 5,927 PDLs were enrolled at the elementary level, 9,549 in junior high school and 3,407 in senior high school, all under school year 2022-2023, while 416 persons deprived of liberty (PDLs) were enrolled in college courses in 21 BJMP jails offering the program.
Yamsuan, a former interior assistant secretary, said “this holistic approach of ensuring the welfare of PDLs by providing them useful skills and knowledge to aid in their reintegration into society will help in reducing the rate of repeat offenders in the country’s overpopulated municipal, city and district jails.”
He said the BJMP’s initiative to improve the well-being of detainees through its continuing education programs “is a key factor in reducing the reoffending or recidivism rate among PDLs.”
“This, in turn, will aid in the ongoing efforts to decongest overcrowded jails and unlock doors of opportunities for PDLs to become productive members of society,” Yamsuan said.
“All PDLs deserve a second chance. Under the leadership of BJMP Director Ruel Rivera, we are confident that more PDLs under the agency’s care would be inspired to defy the odds and be motivated to change for the better.”
Citing the DILG report, Yamsuan noted that 3,017 of the elementary-level enrollees for school year 2022-2023 were able to graduate while 6,739 of the junior high school learners and 851 of the senior high school students also graduated during the same school year.
Yamsuan said these learners were on top of the numerous PDLs who were able to enroll or complete TESDA courses in carpentry, masonry, food services, and electrical installation, among others.
A staunch advocate of prison reforms, Yamsuan has long been pushing for the unification of the country’s fragmented correctional system, as proposed under his measure–House Bill 8672–which aims to create a Department of Corrections and Jail Management (DCJM).
Yamsuan said integrating the BJMP of the DILG; the Bureau of Corrections (BuCor); the Board of Pardons and Parole (BPP); and the Parole and Probation Administration (PPA), which are all currently under the Department of Justice (DOJ), and the correctional and jail services of the provincial governments under a single department “will ensure the seamless coordination among the different agencies involved in the administration of justice and the management and care of PDLs.”
