Sandiganbayan: No suppression of evidence
by prosecutors in Makati Parking Building case
BY Peter Tabingo
THE Sandiganbayan has shot down motions filed by private contractors of the Makati City Hall Parking Building 2 asking that the Office of the Ombudsman be compelled to produce records of the fact-finding investigation for inspection by the defense.
Private defendants Efren Canlas of Hilmarcs Construction Corporation and Orlando Mateo of MANA Architecture and Interior Design Co. said not all the documents gathered by the panel of investigators were attached to the complaint, hence they were prevented access to the excluded documents.
Canlas insisted that the full records be brought out, saying it is “essential to affording the accused the right to due process and obtaining justice.”
In his motion, Mateo said without full access to the investigation records, government witnesses can “easily avoid probing and relevant questions.”
He said that under Section 6 Rule 131 of the Rules of Court, there is an adverse inference and legal presumption that evidence suppressed would be adverse if produced.
Canlas and Mateo were named the co-defendants of former Vice President Jejomar Binay about alleged irregularities attending the bidding for the P2.2 billion public works project in 200& when Binay was still the Makati City mayor.
Among the charges filed in July 2016 were malversation of public funds and multiple counts of graft and falsification of public documents.
In its nine-page resolution dated February 7, 2024, the anti-graft court’s Third Division clarified that a fact-finding investigation is not considered a part of the preliminary investigation as held by the Supreme Court in the 1991 case of Cariño vs. Commission on Human Rights.
This being the case, the court said the fact-finding process is non-adversarial and, hence does not create any rights, whether substantive or procedural, that are enforceable by law.
It pointed out that while Mateo invoked Section 6, Rule 131 of the Rules of Court, what he quoted instead were provisions of Section 3 concerning “disputable presumptions” and defining the presumption that evidence willfully suppressed would be adverse if produced.
“The contention of movant-accused Mateo deserves scant consideration. It acts on the premise that a suppression of evidence exists. Nothing was presented by movant-accused Mateo to support this,” the Sandiganbayan noted.
It added that it would be pointless for the prosecution to deny access to the documents sought since they are all public records that did not originate from it and are readily accessible elsewhere.
“Of import is that the documents sought to be produced and inspected by both movants-accused are not in the official possession, custody, or control of the prosecution. The source documents originated from the Senate Blue Ribbon Committee and the local government of Makati City,” it pointed out.
DMW okays limited agri worker deployment to South Korea
By Gerard Naval
THE Department of Migrant Workers (DMW) is allowing a limited number of overseas Filipino workers (OFWs) to be deployed as seasonal agricultural workers to South Korea on the heels of reports of labor abuse there.
In its Advisory No. 01-A – 2024, the DMW said a limited category of seasonal agricultural workers may now be deployed to South Korea beginning this month.
“The public is hereby informed that the Department adopted an interim measure that shall facilitate the pipeline processing of qualified seasonal workers,” said DMW.
The Department said qualified seasonal workers include those who were pre-screened by their respective local government units (LGUs).
The DMW said OFWs whose visas were issued by the government of South Korea before February 01, 2024 are also qualified.
Last August, OFW Party-List Rep. Marissa Magsino claimed that around 60,000 OFWs in South Korea are facing labor issues, such as illegal recruitment, human trafficking, contract switching, investment scams, and other labor standard violations.
In response, the DMW imposed a moratorium on the deployment of seasonal workers to South Korea to give way to a review of the guidelines.
SC dismisses sheriff who punched litigant
BY Ashzel Hachero
THE Supreme Court has dismissed a court sheriff in Olongapo City who punched a litigant while enforcing a writ of execution.
In a per curiam (decision of a court in unanimous agreement) decision, the High Court adopted the findings of the Judicial Integrity Board (JIB) that Christopher Perez, Sheriff IV of Branch 74 of the Olongapo City Regional Trial Court should be penalized for grave abuse of authority and gross insubordination.
Court records showed that a complaint was filed against Perez on November 26, 2019 by Rodalyn Hanif, who alleged that while the former was implementing a writ of execution issued by the Olongapo City Municipal Trial Court in Cities (MTCC), he punched Hanif twice in her right forearm, resulting in some bruising.
Hanif’s complaint was supported by the medico-legal certificate indicating that she suffered contusions and bruises on her right forearm.
The medical certificate said Hanif was examined and treated at the James Gordon Memorial Hospital and needed medical attention for less than nine days.
When asked to comment on the complaint, Perez filed a motion seeking an extension of 30 days with which to file his answer.
The request for extension was granted by the Office of the Court Administrator (OCA) but Perez failed to submit his comment despite the extension.
The OCA sent Perez a tracer dated October 20, 2020, reiterating the previous directive for him to submit his comment within five days from receipt of the tracer, otherwise the matter would be submitted to the High Court.
Perez once again failed to submit his comment.
After an investigation, JIB Acting Executive Director James Navarrete recommended that Perez be held liable for simple misconduct and insubordination.
The JIB adopted the factual findings of Navarrete, but increased the recommended penalty to dismissal from the service, saying the infliction of bodily harm by the sheriff on Hanif was unjustifiable and constituted grave abuse of authority.
The JIB further found that Perez’s failure to submit his comment despite repeated directives from the OCA was tantamount to gross insubordination.
The High Court adopted the factual findings of the JIB but modified Perez’s administrative liability.
“In the case of Sheriff Perez, he utterly failed to justify the necessity of using force upon Hanif. His actions, which led to Hanif suffering bodily harm and injury were thus grossly unnecessary, rendering him administratively accountable,” the SC said.
The High Court also reminded sheriffs that they are expected to know the rules of procedure about their functions as court officers and show a high degree of professionalism at all times.
Aside from ordering his dismissal from the service, the High Court also ordered Perez to pay a fine of P110,000 for gross insubordination, taking into consideration that this was the 10th administrative complaint filed against him.
DSWD: Rice distribution a ‘logistical nightmare’
BY RAYMOND AFRICA
THE Department of Social Welfare and Development (DSWD) yesterday said the proposal of the Department of Agriculture (DA) to distribute bags of rice instead of rice cash grants would pose a “logistical nightmare” if approved.
In a statement based on a radio interview, DSWD Assistant Secretary for Strategic Communications and spokesman Romel Lopez said the current practice of giving rice subsidy to indigent families through the 4Ps cash cards is “more practical and efficient.”
“We have to be honest din po na may implied logistical nightmare ito should we decide to distribute rice instead of cash (We have to be honest that this may imply a logistical nightmare should we decide distributing rice instead of cash),” Lopez said.
Under the present setup, a P600 monthly rice subsidy is given to beneficiaries of the Pantawid Pamilyang Pilipino Program (4Ps) which is coursed through the recipients’ cash cards.
The P600 monthly rice subsidy is given to qualified 4Ps members on top of their education and health grants upon compliance with specific behavioral conditions, like sending their children to school, bringing them to health centers for regular check-ups, and attending the Family Development Sessions (FDS).
Lopez said the digital distribution was used to prevent beneficiaries from queuing up to get their bags of rice during the distribution.
Agriculture officials have proposed to President Marcos Jr. the conversion of the cash aid given to 4Ps beneficiaries into rice assistance to be supplied by the National Food Authority to “ease the price pressures of the market in terms of buying high-price rice.”
Lopez said the DSWD is open to recommendations from partner stakeholders that will improve the implementation and delivery of programs for poor Filipino households under the 4Ps program.
“Tayo naman po sa DSWD lagi nating iginagalang any move, any suggestion that will improve iyon pong pagbibigay natin ng serbisyo sa ating mga beneficiaries, including iyong ating mga 4Ps members (The DSWD respects any move or suggestion that will improve the services we provide to our beneficiaries, including our 4Ps members),” he said.
Lopez said before the DSWD can implement any proposal to amend the implementing rules and regulations (IRR) of the 4Ps, such as the suggestion to provide actual bags of rice instead of cash, need to be first approved by the Pantawid Pamilya National Advisory Committee (NAC) member-agencies.
The NAC is composed of members from different government agencies, among them the DSWD, the Department of Health (DOH), Department of Education (DepEd), Department of Agriculture (DA), Department of Labor and Employment (DOLE), and Department of Trade and Industry (DTI).
“Studies and simulations are being done by the DA, taking into account the point of view of our 4Ps beneficiaries,” Lopez said, adding that the DSWD is ready to implement the proposal once it is approved by the NAC.
The 4Ps, a flagship program of the DSWD, currently has 4.4 million household-beneficiaries nationwide.
PhilHealth vows to hike share in hospitalization costs
BY WENDELL VIGILIA
THE Philippine Health Insurance Corporation (PhilHealth) yesterday vowed to heed the call of Speaker Martin Romualdez for it to increase its share in the cost of hospitalization, including the medical and doctors’ fees, of patients admitted in private hospitals.
“We are one we are one with Speaker Martin when he says we have to aggressively and continuously increase the case packages of PhilHealth across the board,” PhilHealth president and CEO Emmanuel Ledesma, Jr. told the House Committee on Health.
The Speaker on Sunday said patients are appealing for PhilHealth to shoulder half of medical expenses so that members will pay just the remaining half.
Romualdez has said the top complaint of patients, especially the indigent ones, is that PhilHealth is shouldering only 15 to 20 percent of bills in hospitals and private medical institutions, especially if they are admitted in private wards.
In terms of professional fees of physicians and medical specialists, the Speaker said he received complains that PhilHealth subsidizes only 30 percent for private hospital patients.
This is why on Tuesday, the Speaker issued a directive to review PhilHealth’s charter to expand patient’s benefits, including early detection of cancer, and provide a more comprehensive health care coverage for Filipino patients.
Specifically, the Speaker sought an increase in benefits to cover at least 50 percent of costs in private hospital wards and provision of free examinations for the early detection of deadly diseases, such as cancer.
Ledesma said that as part of PhilHealth’s prime mandate, they would have to increase the benefit packages to make it easier for Filipinos to avail themselves of healthcare services.
PhilHealth vice president Eli Santos told the same panel that PhilHealth agrees that the review of its charter should also look into PhilHealth’s investment strategies to ensure its funds are used in ways that directly benefit the health and well-being of Filipinos.
Ledesma said that while PhilHealth is increasing by as much as 30 percent the coverage rate of most of its benefit packages, effective February 14, additional increases are warranted.
CASH ADVANCE
PhilHealth, in a statement, announced the release of P257.6 million in cash advance for its primary care benefit package, more known as Konsulta Package.
It said the amount is first tranche of capitation payments to primary care provider networks (PCPNs).
“These funds were frontloaded, meaning we have advanced the funding even before they render the services,” the statement said.
“This way, these networks can mobilize these to augment health resources and even ground personnel so they can serve patients adequately, especially those underserved communities and the vulnerable segments,” he added.
The state-run health insurer said the funds were sent to PCPNs in Bataan (P114.7 million), Quezon province (P72.9 million), South Cotabato (P53.9 million), and Baguio City, P15.9 million.
It said the frontloading of funds is also aimed at showing PhilHealth members that there are enough funds to finance primary care services.
The Konsulta Package is a program that focuses on health risk screening and assessment, initial and follow up consultations, selected laboratory tests, and drugs and medicines as needed by the patients and as recommended by their primary care physician. — With Gerard Naval
Solon: People will reject Mindanao secession call
BY WENDELL VIGILIA
THE chairman of the House Committee on Constitutional Amendments yesterday expressed confidence that the people of Mindanao would not support former president Rodrigo Duterte’s call for the island to separate from the rest of the country.
Rep. Rufus Rodriguez said that upon his consultations with barangay officials, business leaders and socio-civic leaders in Cagayan de Oro City, it was clear to him that they are all “against Mindanao secession from the Republic of the Philippines.”
“Why would our people here support the secession idea when it would result in retrogression rather than continuing progress?” he said. “It’s like jumping from the frying pan into the fire. It’s suicidal. Sane people like us Mindanaonons and the rest of us Filipinos will not do that, even at the prodding of our former leaders.”
Rodriguez said Mindanao’s development would regress if the island becomes an independent state and its people would surely suffer if the secession call prospers.
“Where will we get the funds to sustain our infrastructure, agricultural and economic development that is going on now under the administration of President BBM (Ferdinand ‘Bongbong’ Marcos Jr.)? Our island will certainly face an uncertain future. That’s not what we want for Mindanao. What is needed is more infrastructure projects and social programs for the people of Mindanao,” he said.
Duterte earlier said the move to separate Mindanao from the rest of the country is neither a form of rebellion nor sedition as there are precedents of such a move in other parts of the world.
The President, who has a rift with the former president who accused him of being a ‘drug addict,’ has already said the call to separate Mindanao is “doomed to fail” as people from the affected areas see it as a “preposterous proposal.”
Rodriguez echoed the statement of National Economic and Development Authority (NEDA) Undersecretary Rosemarie Edillon that Mindanao continues to rely on the national government for assistance to improve the well-being of its residents.
He said secession advocates should not lead Mindanao and its people to more hardships and reiterated his call for Duterte and Davao del Norte Rep. Pantaleon Alvarez to stop the secession talks.
“The former president, former Speaker and their followers should stop any talk and any actual plan, if there is any, to secede Mindanao. President Marcos has categorically stated that he would not permit our national territory to be reduced ‘even by one square inch’ and would not allow ‘even an iota of suggestion of its breaking apart’,” he said.
On Tuesday, Lanao del Sur Rep. Zia Alonto Adiong, a member of the House Committees on Mindanao Affairs and on Muslim Affairs, urged Duterte and Alvarez not to use their secession call as a “political slogan” for their personal political interests.
He said the proponents of the proposal are using it to express dismay over their personal circumstances and other political events like the House of Representatives’ proposal to amend the Constitution’s economic provisions.
VP Sara: No plans to sue ICC witness
BY WENDELL VIGILIA
VICE President Sara Duterte yesterday she is not planning to file criminal charges against former Davao Senior Police Officer Arturo Lascañas who earlier accused her of masterminding “Oplan Tokhang” in Davao City when she was still mayor.
“Wala akong balak mag-sampa ng kaso sa kanya (Lascañas). In fact, siya ‘yung tsina-challenge ko na mag-sampa ng kaso sa akin ng murder doon sa Pilipinas (I have no intention of filing a case against him. In fact, I’m the one challenging him to file murder charges against me in the Philippines),” she told reporters yesterday in Malaysia where she met with some government officials.
Lascañas is a self-confessed member of the original Davao Death Squad (DDS), who, according to the Vice President, carried out the killings ordered by former president Rodrigo Duterte when he was still mayor of Davao City.
Lascañas, who was recently interviewed by the International Criminal Court (ICC) which is investigating the former president for crimes against humanity for his bloody war on drugs, has said it was the younger Duterte who came up with the “trademark” of Oplan Tokhang in Davao City, referring to summary executions of suspected drug users and peddlers.
The ICC witness said the younger Duterte had ordered then-police chief and now Sen. Ronald dela Rosa to implement the illegal campaign.
While she could not speak for their whole family, the Vice President said she personally does not consider the ICC case a cause for concern, saying she has already sought legal advice.
“Sa akin hindi naman dahil nakakuha ako ng legal advice sa mga Filipino lawyers na merong alam about international law (To me, it’s not because I’ve already sought the legal advice of Filipino lawyers who know about international law),” said the younger Duterte, a lawyer, herself.
The Vice President last week said she is prepared to face the allegations that she masterminded Oplan Tokhang when she was mayor of Davao City for as long as the case will be heard by a Philippine court.
She has repeatedly said she was never linked to the DDS when she was still a vice mayor and eventually, mayor of Davao City but the allegations were suddenly made when she became Vice President.
She said not only the timing of the “new script” is suspect, “it is also clear that my name was forcibly dragged into this issue to make me an accused in the ICC.”
BI warns public of new mail order bride scheme
BY ASHZEL HACHERO
IMMIGRATION Commissioner Norman Tansingco yesterday warned the public of a new modus by human traffickers after immigration officers intercepted and rescued a Filipina with a fake Chinese husband.
Tansingco said the Filipina was rescued by immigration officers on February 13 as she attempted to depart for Xiamen at the NAIA Terminal 1 as a tourist with a Chinese man who claimed to be her husband.
The Chinese national, according to Tansingco, even presented an original certificate of marriage when confronted by immigration officers after noting numerous inconsistencies in their statements and referring them for secondary inspection.
“In the certificate, it was claimed that the couple got married in Kamasi, Maguindanao last October 2022. However, verification of the man’s travel records showed that he was not in the country during the supposed wedding,” the BI chief said, adding the Filipina later admitted she did not personally process her marriage certificate, and had no idea how it was processed.
During questioning by immigration officers, Tansingco said the Chinese national admitted that the marriage certificate was processed by an agency in China, for which they paid P40,000.
“During inspection of the BI’s forensic documents laboratory, it was found that the documents presented were genuine, despite having fake details,” Tansingco said, adding this could be a new scam using the mail order bride scheme.
“In the scheme, women are made to travel with their pseudo-husbands to be trafficked abroad,” he said.
Tansingco cited previous cases bearing similar patterns.
Last January 18, a female victim was rescued at the Mactan Cebu International Airport after being almost trafficked to Xiamen by a Chinese man who pretended to be the husband of a relative. The victim later admitted that she is bound for China for an arranged marriage.
BI records also showed a Chinese, who is a permanent resident in the country, escorting another Filipina to China in 2019. The woman has not returned since.
In November last year, the agency also reported the repatriation of a Filipina from Xiamen, who arrived in China a month prior to her repatriation, together with a Chinese man who presented himself as her husband.
The man also presented an original marriage certificate proving their relationship.
However, the victim admitted that she had no idea that the man was her husband, and that she was deceived to agree to the arrangement.
“This is very concerning, since they are able to present authentic documents despite their sham marriages,” said Tansingco.
Stiffer penalties eyed for drunk driving
BY RAYMOND AFRICA
SEN. Raffy Tulfo wants stricter penalties for persons driving under the influence of alcohol amid the rise in the number of accidents due to drunk driving.
In filing Senate Bill No. 2546, Tulfo said stiffer penalties should be imposed on drunk driving as he cited records from the Land Transportation Office-Anti-Drunk and Drugged Driving Enforcement Unit that from January to August 2022, 353 out of the 402 road accidents the agency responded to were due to alcohol intoxication.
Tulfo said that based on records from the PNP-Highway Patrol Group, the number of road accidents caused by drunk drivers increased from 31 to 59, or by 90 percent, from October to November 2022.
“There is an urgent need to pass legislation that calls for stricter penalties on driving under the influence. No one should ever experience the pain and suffering felt by the Palupit family, and all the other families victimized by one person’s poor decisions,” he said.
Tulfo was referring to the case of spouses Gilbert Palupit and Aileen Palupit, who were killed in a road accident together with their three children on November 1 last year after a pickup truck driven by Alyssa Mae Pacrin Abitria caused a three-vehicle wreck in Calamba City, Laguna.
Police investigators said Abitria smelled of liquor during the time of the accident although her alcohol test came out negative. Police investigators said the “negative” result may have been due to the test being conducted a day after the incident.
Tulfo said that even though Abitria faced multiple charges such as reckless imprudence resulting in multiple homicides, multiple physical injuries, multiple damages to properties and violations under RA 10586, she was released on a mere P120,000 bail.
Under the proposed measure, if the violation of anti-drunk or driving measure resulted in homicide, the driver will face a fine ranging from ₱500,000 to ₱1,000,000 and his driver’s license confiscated and suspended for 24 months.
Cops in violent rally dispersal at House of Reps face probe
BY VICTOR REYES
THE Quezon City Police District (QCPD) has recalled a Civil Disturbance Management contingent assigned with the House of Representatives (HOR) that figured in a violent dispersal of a rally being staged by college students, some of whom were injured.
The QCPD, under Brig. Gen. Redrico Maranan, also said the members of the team would be investigated to determine if they violated police procedures.
Students of the Polytechnic University of the Philippines gathered in front of the Batasang Pambansa, the headquarters of the House of Representatives, last Monday to protest a bill seeking the establishment of the National Polytechnic University, which would merge PUP and other state universities and colleges.
The CDM policemen dispersed the rally by pushing and hitting the protesters with shields and batons. Some of the students sustained wounds and bruises.
Quezon City Mayor Joy Belmonte condemned the dispersal, saying the city has no room for such acts. She noted that the city is known as an area where people can freely assemble and express their sentiments.
Belmonte told Maranan the city government would not tolerate what the policemen did.
In response, the QCPD said it has placed the CDM personnel under investigation.
The QCPD said its Internal Affairs Service would handle the investigation and would focus on whether the cops violated Police Operational Procedures.
“Temporarily, we replaced with a new CDM contingent that personnel assigned with HOR to ensure peace and order around the House of Representatives and enforce provisions of Batas Pambansa 880 (Public Assembly Act of 1985),” the QCPD said.
The QCPD assured the public that it fully respects the right of people to peaceably assemble and express grievances.
But it also urged protesters to follow existing laws to ensure peace and order during such demonstrations.