Sandigan: Accused in PDAF cases can’t be tapped as
hostile witness
BY PETER TABINGO
GOVERNMENT prosecutors have been barred by the Sandiganbayan from calling an accused in the pork barrel scam cases to testify as a hostile witness on the ground that this will violate her constitutional right against self-incrimination.
In its 10-page resolution dated April 23, 2024, the anti-graft court’s Seventh Division said former Technology Resource Center (TRC) budget officer Consuelo Lilian Espiritu cannot be compelled to take the witness stand to testify in the corruption trial against former TRC Director General Antonio Ortiz and Legislative Liaison Officer Maria Rosalinda Lacsamana, even if she herself is not an accused in the pending cases.
The court held that forcing Espiritu to appear as a witness for the prosecution would be contrary to Sections 1, 14, and 17, Article III of the 1987 Constitution which guarantee that no person shall be held to answer for a criminal offense without due process or law or be compelled to be a witness against himself.
“To require Espiritu to be placed on the witness stand as a witness for the prosecution runs counter to the constitutional guarantee against self-incrimination,” the Sandiganbayan said.
Associate Justice Georgina D. Hidalgo penned the ruling with Associate Justices Ma. Theresa Dolores C. Gomez-Estoesta and Zaldy V. Trespeses concurring.
The court likewise noted the lack of proof that Espiritu “freely, voluntarily and intelligently expressed her consent to testify” as prosecution witness or that she was informed of the consequences of her intended testimony.
The cases involve alleged irregularities in TRC’s transfer of sums from the Priority Development Assistance Fund (PDAF) or pork barrel allocations of former Citizens Battle Against Corruption (CIBAC) party list Rep. (now Senator) Joel Villanueva to the Masaganang Ani para sa Magsasaka Foundation Inc. (MAMFI), an alleged bogus foundation created by businesswoman Janet Lim Napoles.
Defendant Lacsamana, who objected to the prosecution’s plan, pointed out that Espiritu would be jeopardizing her own cases since she was named a co-accused in graft cases against former Muntinlupa City Rep. (now city mayor) Ruffy Biazon and former Oriental Mindoro Rep. Rodolfo Valencia.
She noted that while Espiritu was not indicted as a co-accused in the pending cases, she can still be prosecuted if she mentions anything incriminating in her testimony as she was not granted immunity and the principle of double jeopardy has not attached.
At the same time, Lacsamana called attention to Espiritu’s statement in her counter-affidavit that she had no personal knowledge about the decision to award the projects to MAMFI since the public bidding, the selection and accreditation of non-government organizations as project partners are outside of the purview of her position as budget officer.
The Sandiganbayan sustained her arguments.
“While this court adheres to the rule that the prosecution has the prerogative to choose the evidence or the witnesses it wishes to present in the course of the trial, it should be remembered that if the testimony sought to be elicited has no relevance to the issue sought to be established, the testimony will serve no purpose,” the court said.
Marcos to Bangsamoro police graduates:
In your hand lies our continued victory
BY JOCELYN MONTEMAYOR
PRESIDENT Marcos Jr. yesterday said the graduates of the Bangsamoro Police Basic Recruit Course (BPBRC) are now agents of order and reform and their mission includes helping write the new chapter of the Bangsamoro region that is heading towards a peaceful and prosperous future.
The 100 BPBRC graduates are the first batch of the PNP Patrolmen and Patrolwomen coming from the Moro Islamic Liberation Front (MILF) and the Moor National Liberation Front (MNLF).
“A lot is riding on you because in your hand lies our continued victory. Starting now, wherever you are deployed, you represent order and changes that we intend to leave behind our children,” the President said during the BPBRC graduation ceremony of Batch 2023-01 Class Alpha-Bravo “Bakas-Lipi” at Camp BGen. Salipada K. Pendatun in Parang, Maguindanao del Norte.
“Your mission goes beyond serving and taking care of our countrymen. You will help write the new chapter of the Bangsamoro, towards a peaceful and orderly future,” Marcos added.
He acknowledged the challenges faced by the graduates and told them more challenges would come their way.
He said during such periods, they should remember that they were accepted at the Bangsamoro police because of their character and what they could contribute to the Bangsamoro as well as for their bravery and determination.
“Now that you will wear your uniform and serve the country, the challenges are expected to double. As you face new challenges, draw inspiration from your commitment to serve the public. Keep in your heart and mind the image of your region and the country that is secured and in order,” he said.
The President also reminded the graduates not to be satisfied with what they have just learned and to strive for more knowledge and training to be able to provide better public service.
Marcos also vowed to support the Bangsamoro police as he reaffirmed his support to the whole PNP.
“As long as you remain true and loyal to your mandate as members of the police force, I will support you wholeheartedly. We are partners in striving to give the Filipinos a peaceful and prosperous life,” he said.
The 100 graduates, composed of 92 men and eight women, underwent a rigorous 23-week program that prepared them to carry out the crucial duties of the police force, with a focus on enforcing national laws and the specific regulations within the Bangsamoro Autonomous Region in Muslim Mindanao.
The integration of the Bangsamoro combatants into the national police force is part of the provisions provided by the Bangsamoro Organic Law (BOL), the charter of the BARMM.
The BOL also mandates waiving the age, height and education attainment requirements to facilitate the entry of MILF and MNLF members into the police force.
The new graduates will temporarily be appointed as patrolmen and patrol women in accordance with the decree of the National Police Commission (NAPOLCOM) and they have up to 15 years from their date of entry into service to obtain a college degree. This requirement aligns with the educational standards set by the PNP for them to become permanent members of the police force.
Drug procurement contracts of CamNor flagged for FDA certification issues
BY Peter Tabingo
NINETEEN out of 37 procurement contracts for drugs and medicines, laboratory supplies and medical devices signed by the provincial government of Camarines Norte in 2023 were flagged by government auditors for deficiencies in Certificates of Product Registrations (CPRs).
The audit team said among the deficiencies found were incomplete submission of CPRs, including special conditions; attached copies of the CPRs were illegible and the name of the certifying officer was omitted; and there were variances noted between the purchase order and the CPR as to unit, dosage, and measurement.
The Food and Drugs Administration (FDA) issues the CPR to attest that a product has complied with standards for quality, safety, and efficacy.
Based on the list provided in the audit report released on April 23, 2024, there were 11 laboratory supplies contracts with CPR-related deficiencies; seven drugs and medicines procurement; and one medical devices delivery contract.
“Interview with a member of the Technical Working Group (TWG) of the Bids and Awards Committee (BAC) disclosed that to streamline the procurement process, suppliers were given consideration during the post-qualification stage for the delayed compliance with CPRs. This leniency is intended to address the difficulties encountered by suppliers in securing the said document from their respective manufacturers,” auditors said.
The TWG member added that suppliers were duly reminded that CPRs are mandatory documentary requirements as provided in the Bid Data Sheet.
He attributed the variances in the unit, dosage, and measurements to the procurement lists of local hospitals that contain phased-out items or products that are no longer available in the market.
However, he assured the audit team that hospital management had initiated a review to address the issues on the lists.
On the other hand, the chairperson of the BAC said the committee proceeded based on a belief that all the documents from the suppliers have passed review by the TWG on the post-qualification stage and determined to be compliant with all legal, technical, and financial requirements.
While auditors acknowledged that most of the deficiencies were subsequently addressed, they questioned why compliance with requirements and conditions was only met after the perfection of the contracts.
“This condition defeats the purpose of post-qualification which is intended to determine the suppliers’ compliance with and responsiveness to the requirements and conditions specified in the Bidding Documents during procurement,” the COA said.
It warned that the practice of allowing suppliers to belatedly comply with the requirements risked the possibility that non-responsive bidders ended up being awarded contracts.
PSLINK: Extending JO work extends exploitation of gov’t workers
By Gerard Naval
AN organization of worker unions from national government agencies and local government units yesterday slammed the order of President Marcos Jr. to extend the engagement of contract of service (COS) and job order (JO) workers in government for another year instead of ending by December 2024.
In a statement, the Public Services Labor Independent Confederation (PSLINK) said the extension only prolongs the exploitation of workers in the government sector.
“Extending the deadline in the engagement of individual contract of service and job order workers does not address the worsening contractualization in the public sector,” said PSLINK President Annie Enriquez Geron.
“It will only extend the anxiety and suffering of these precarious workers in the country. It is merely extending the exploitation of these workers,” she added.
Geron said such acts are no different from renewing an “endo” worker in the private sector for another six months.
She said this is because they will continue to live in fear of losing their jobs and failing to support their families, to be paid sub-par wages and excluded from mandatory benefits and social protection, and inability to exercise their rights to freedom of association and collective bargaining.
“Without security of tenure, job order and contract of service workers are left vulnerable to demoralization and abuse at work,” she said.
“This ultimately negatively impacts productivity and the quality of public service delivery,” Geron added.
Last week, the Presidential Communications Office (PCO) said Marcos has ordered that the engagement of COS and JO workers in the government be extended until December 31, 2025.
As of the latest data, 29.68 percent or 832,812 people in the government workforce are either COS and JO workers.
Instead of helping promote contractual work, PSLINK appealed to Marcos to push for the regularization of jobs in government.
“We urge President Marcos Jr. to address the widespread contractualization and informalization in government, and certify as urgent the passage of the Security of Tenure Act for government workers,” said Geron.
Comelec eyeing 3-month demo of new voting machines
BY GERARD NAVAL
WITH the Commission on Elections (Comelec) set to introduce new voting machines for the May 2025 national and local polls, a three-month demonstration of the automated counting machines (ACMs) across the country is being prepared by the poll body.
In an interview, Comelec spokesman John Rex Laudiangco yesterday said they are looking to hold an ACM demonstration roadshow beginning December this year until February next year
“Come December, we will go to every city and municipality. And even if we can’t go to all 42,000 barangays because of operational limitations, we want to at least cluster them for the demonstrations,” said Laudiangco.
“The road show will last until February, and we will use at least 2,000 machines for the demonstration,” he added.
The poll official said they are undertaking the road show to familiarize everyone with the operational use of the ACMs ahead of Election Day.
“Ultimately, it will be the common people, the voters in the barangays that will be benefiting with the demo. We shall be able to introduce the ACMs to the people,” said Laudiangco.
To prove that it will be the Comelec that will be running the elections, and not its service provider Miru Systems, Laudiangco said their field personnel will be the ones to conduct the demonstrations.
“For our initial machines, we will use them to train all our IT people, followed by our Election Officers so that they will already be familiar with the ACMs,” he said.
The joint venture led by Miru Systems bagged the Full Automation System with Transparency Audit and Count (FASTrAC) project of the Comelec.
The FASTrAC project gives Miru Systems the mandate to produce the 110,000 ACMs to be used by the Comelec in the May 2025 polls.
5 Daulah Islamiyah-Maute Group Members killed
in Lanao del Norte
BY VICTOR REYES
FIVE members of the terrorist group Daulah Islamiyah-Maute Group (DI-MG) were killed and five soldiers were injured in a clash in Lanao del Norte yesterday morning.
The fight broke out at 3:42 a.m. in Barangay Cadayonan in Munai town during a “decisive military operation,” said Maj. Gen. Gabriel Viray III, commander of the Army’s 1st Infantry Division.
Viray said Army soldiers clashed with about 12 DI-MG members, under Nasser Daud, initially for 45 minutes.
Pursuing troops caught up with the retreating terrorists at 6:30 a.m., leading to another firefight that lasted for 10 minutes.
During clearing operations, soldiers recovered five enemy bodies at the encounter site.
Also recovered were two high-powered firearms, two bandoliers, a rifle grenade, a cellphone and a radio.
Viray said five soldiers were injured during the encounter and “all (are) in stable condition.”
“There will be no let-up in our fight against the DI-MG. They are in disarray and on the run,” said Viray.
The DI-MG is behind the numerous attacks in Mindanao, including the December 3 bombing at the Mindanao State University in Marawi City that left four people dead and 50 others injured.
FDA warns public vs counterfeit tetanus shots
By Gerard Naval
THE Food and Drug Administration (FDA) yesterday warned the public against counterfeit vaccines for tetanus currently present in the market.
In its Advisory No.2024-0577, the FDA said the public should exercise caution in using counterfeit “Human Tetanus Immunoglobulin (Tetagam® P) 1 ml (250 IU) Solution for Injection.”
“All healthcare professionals and the general public are hereby warned as to the availability of this counterfeit drug product in the market,” said the FDA.
“The FDA advises the public against the purchase and use of the counterfeit version of the said product,” it added.
The FDA noted that the authentic product has more text on its packaging labels compared to the counterfeit version. The font style and font size of the product labels are also different from each other.
The FDA also noted the difference in the shape of the actual vials.
“The lot number, and print appearance are not comparable with the standard features of the registered product,” said the FDA.
The agency advised consumers to purchase drug products only from FDA-licensed establishments.
“Counterfeit drug product pose potential danger or injury to consumers,” said the FDA.
All drug establishments and outlets were also against selling and/or dispensing of the said counterfeit product.
“Anyone found selling the said counterfeit drug products will be penalized,” said the FDA.
Female trafficking victim rescued at Davao Airport
BY Ashzel Hachero
A FEMALE trafficking victim was rescued last Saturday by immigration officers at the Davao International Airport while her male companion was apprehended.
Immigration Commissioner Norman Tansingco said the victim was stopped from boarding a Scoot Airlines flight to Singapore Saturday afternoon.
The victim, according to Tansingco, told immigration officers she was traveling to Singapore as a tourist with her employer, but later admitted she was recruited to work as a household service worker in the United Arab Emirates for an undisclosed amount.
“She stated that her male companion instructed her to state that she is traveling abroad as his personal house helper for a short vacation,” Tansingco said of the investigation report provided to his office by the regional immigration office in Davao City.
He said upon verification of the man’s records, it was established that he had previously sponsored a trip with another woman, who failed to return on her declared return date.
“He later admitted that he previously escorted another female victim, who left for Singapore but transferred to Thailand,” Tansingco said.
The BI’s immigration protection and border enforcement section said they suspect the man was recruiting Filipinos to work in the Middle East and later leave his victims stranded.
Both the victim and the escort were turned over to the Inter-Agency Council Against Trafficking for further investigation while charges of human trafficking are being readied for filing against the escort.
Church backs workers’ call for just living wage
By Gerard Naval
THE Church yesterday backed the workers’ call for a just and living wage, saying workers need to have wages that can sufficiently provide comfort to their families.
In its Labor Day message, the Church People-Workers Solidarity (CWS) said: “The right to a living wage is not an optional right in the Catholic social teaching. It is rooted in the dignity of the human person which, while it is of eternal worth, is also realized concretely in the here and now.
“The Church teaches that all workers, in return for their labor, are entitled to a living wage. A just wage is the legitimate fruit of work. To refuse or withhold it can be a grave injustice,” it added.
The CWS lamentable that the minimum wages across 17 regions of the country are not enough to meet a typical family of five’s needs to cover food and non-food costs.
It noted that the national average daily minimum wage stands at P440 while the family living wage averaged at P1,202, resulting in a wage gap of P762.
“With rising inflation, the wage gap has been growing wider because the wage increases of regional wage boards are so infrequent and so small that worker wages aren’t keeping up with inflation, nor even with increasing productivity,” it said.
All Regional Tripartite Wages and Productivity Boards (RTWPBs) recently issued wage orders while several bills pending in Congress are calling for across-the-board wage increases for workers in the private sector.
