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News Highlights: May 8, 2024

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Financial facilitator convicted for helping Abu Sayyaf

BY Ashzel Hachero

A ZAMBOANGA court has convicted a financial facilitator of the Abu Sayyaf terrorist group for violating Republic Act 10168 or the Terrorism Financing Prevention and Suppression Act of 2012.

In an eight-page ruling promulgated last April 4, Zamboanga City Regional Trial Court Branch 33 Judge Shaldilyn Bangsaja found Norkisa Omar Asnalul, also known as Norkisa Omar Ibno, guilty beyond reasonable doubt of three counts of violation of Section 7 of RA 10168.

Taking into account Asnalul’s plea bargain and the attending mitigating circumstances, the court only meted her imprisonment of four months to one day as a minimum to one year, seven months, and 10 days maximum, and to pay a fine of P100,000.

Court records showed that Asnalul was arrested in December 2023 for receiving money from foreign sources for terrorist activities.

State prosecutors charged her with three counts of violation of RA 10168 for allegedly facilitating the transfer of funds in 2015 on behalf of the Al-Qaeda- linked terrorist group.

During the arraignment, Asnalul entered separate pleas of not guilty to the three charges.

However, Asnalul, through her counsel Khalid Hassan, later proffered to a plea bargain by pleading guilty to the lesser offenses — acting as an accessory in terror financing instead of the graver offense of financing terrorism.

In its decision, the RTC said the provisions of RA No. 10168 do not prohibit plea bargaining.

“The Court finds no legal impediment to the plea-bargaining agreement entered into by the prosecution and the defense, particularly considering that the lower offense to which the accused wishes to now plead guilty is penalized under the same law as that for which she is originally charged,” Bangsaja said.

“In view of the mitigating circumstances and lack of aggravating circumstances the said penalty shall be imposed in its minimum period,” Bangsaja added.

Among the mitigating circumstances were Asnalul’s admission of guilt, she did not go into hiding despite the three criminal charges against her, she did not resist arrest, and she voluntarily executed an affidavit favorable to the prosecution.

Justice Secretary Jesus Crispin Remulla lauded the court’s decision, saying it showed the government’s resolve in going after terrorists and their support network.

“The conviction of a member of the terrorist group, more so a financial facilitator, strengthens the government’s resolve not to give in to their unlawful demands,” Remulla said.

Remulla also recognized the panel of prosecutors who worked hard for this conviction.

“I congratulate you for a job well done. This serves as a big win against the ASG network,” he added.

The ASG has been weakened by the loss of its leaders and the arrest and surrender of its members due to relentless military operations in its stronghold in Basilan and Sulu provinces over the years.

COA quizzes Masbate province on P641M
road rehab, re-graveling projects

BY Peter Tabingo

WHY not spend money on concrete roads that last longer instead of maintaining dirt roads?

This, basically, is the question that government auditors had thrown at the provincial government of Masbate after finding that P641.7 million was spent in 2023 on road rehabilitation and re-graveling projects of dirt roads.

“Our verification disclosed that the POW (program or work) was not supported with detailed engineering plans specifying the portion/s of the road for graveling or patching, equipment utilization and project implementation schedules. Further, the inquiry revealed that no preliminary survey and engineering report was conducted,” the audit team said in a report released last April 29.

It noted that engineering and feasibility studies would have provided determinants on the reasonableness of the projects, basis for cost estimates, and compliance with plans, specifications, and schedules.

“Without a feasibility or engineering study conducted …the effectiveness, and sustainability or continuity of the project could not be assured. In addition, large costs spent for projects that will give short-term or temporary benefits for the constituents create doubt on the necessity and propriety of the transaction,” the Commission on Audit said.

At the same time, the audit team sought justification as to why all the road maintenance and re-graveling works were contracted out to private companies when the provincial government has its own crew and machinery.

“It was noted that all of these projects were implemented by contractors. However, the Province owns construction and heavy equipment amounting to P184,096,170. Thus, the road rehabilitation and/or re-graveling could have been implemented …using their own construction and heavy equipment,” it pointed out.

Verification of the road repairs and maintenance expenses likewise revealed that several of the roads worked on were not even recorded in Masbate’s Infrastructure Asset — Road Networks account.

Government auditors said while the Provincial Engineer requested for inspection of several projects as required by the rules, the audit team could not undertake the onsite survey due to deficient documentation.

“Additionally, project identification numbers and the corresponding project costs were not specified in the letter-request for proper and accurate identification of projects being requested for inspection. Hence, timely verification of the actual implementation of the project concerning the plans and specifications can no longer be made,” auditors said.

Even if inspection teams were sent out, they would have met difficulties determining if the cost and extent of work were followed since many of the rehabilitation projects have already deteriorated.

“Inquiry with the Provincial Engineer disclosed that a large portion of implemented projects were already damaged and the filling materials were eroded during heavy rains. In most cases, the projects also have to be repeatedly done as much as possible to prevent the previously rehabilitated areas from deteriorating again, thereby depleting a big portion of the budget for infrastructure projects,” the COA said.

With the need to redo the same work over and over again and causing the province to cough up more, the commission pointed out that the benefits derived from re-graveling were “not commensurate to the value of resources invested resulting in wastage of government funds.”

“The LGU could have instead constructed concrete barangay roads out of this amount or constructed concrete drainage canals and box culverts to protect the roads from eroding during heavy rains, which are more tangible infrastructure projects compared to road rehabilitation/re-graveling,” the COA said.

The provincial government defended the projects, saying the rehabilitation and re-graveling stretched the available budget so that a “longer stretch and wider reach” was attained, including even in the far-flung barangays.

It added that the maintenance of unpaved roads enabled the local government to implement Philippine Rural Development Projects (PRDP).

It invoked the local autonomy granted to local government units and local chief executives “to identify, prioritize, and approve” programs, projects and activities best suited to their constituents.

Nonetheless, the Provincial Budget Officer notified the COA that appropriations for rehabilitation and re-graveling have been “minimized” under the 2024 expenditure program, which meant more budget appropriations for road concreting.

22 Palawan State U profs, staff paid full salaries,
benefits while on year-long sabbatical

BY Peter Tabingo

TWENTY-TWO faculty members and staff of the Palawan State University (PSU) received full salaries, bonuses, allowances, and other benefits despite not reporting for work during their year-long sabbatical from 2022 to 2023, the Commission on Audit revealed.

In all, the team of government auditors said the state university coughed up P12.45 million to pay the 22 personnel.

The sum included P10.35 million in basic salaries, P717,364 for year-end bonuses, P397,181 for personnel economic relief allowances, P383,600 for collective negotiations agreement incentives, P247,066 for mid-year bonuses, and P208,000 service recognition incentives.

These were disclosed in the 2023 audit on the PSU uploaded by the COA on its official website last May 3, 2024.

An Audit Observation Memorandum was issued to the PSU management on April 1, 2024 against the payment of salaries and benefits to the 22 instructors and university staff.

The PSU management agreed with the audit team’s recommendation to discontinue the grant of such sabbatical privileges but only for those who have not yet commenced. Those who are already on leave will be allowed to complete their sabbatical subject to submission of a “valid justification” to the University President.

Likewise, the university’s Human Resource Management Officer informed the COA that a request for clarification of applicable rules has been sent to the Civil Service Commission (CSC).

Asked for the basis of the payment of full compensation to the 22 personnel, the Human Resources Management Unit cited the PSU Code which was approved by the Board of Regents through Resolution No. 9, series of 1999 and the PSU Faculty Manual which was also approved by the same Board in 2017.

The PSU Code provided that a one-year sabbatical scholarship is made available to faculty and staff members only after they have rendered a continuous six-year service in the University.

On the other hand, the PSU Faculty Manual provides that the sabbatical privilege may be availed of only after rendering a minimum of seven years of uninterrupted service. Compensation is allowed for one year subject to the condition that the teacher takes the regular study load and passes at least 75 percent.

However, the COA noted that under the Career Executive Service Board (CESB) Circular No. 2, series of 2000, the grant of sabbatical leave with pay will only be for six months and is limited to Career Executive Service Officers (CESOs) and Career Executive Service (CES) eligibles.

Those belonging to CES-level positions are undersecretaries and assistant secretaries; bureau directors, their assistants, and regional directors; department service chiefs, and equivalent executive positions.

The sabbatical leave program was suspended with the issuance of CESB Circular No. 1 in 2001.

“In the absence of legal basis, the grant of sabbatical leave privileges and payment of full salaries and other benefits … during the period of leave is considered payment for services that were not actually rendered,” the COA said.

Because of this finding, it also declared that the payment of full salaries, bonuses, and allowances to the 22 PSU personnel constitutes “irregular” spending.

Poe: Mismanagement of resources cause of water supply woes

BY RAYMOND AFRICA

SEN. Grace Poe yesterday said the root cause of the country’s water supply problems is not the lack of water sources but the mismanagement of water resources.

Poe, chairperson of the Committee on Public Services, said that while the country has abundant water supply, a great number of Filipinos still do not have access to potable water and sanitation services.

She said the situation has forced at least 11 million families nationwide to use water from unsafe sources.

“The root of our water crisis, however, is actually a crisis in regulation. The problem is not that we don’t have enough resources but that we do not effectively manage our resources,” said Poe during the committee hearing on Senate Bill No. 102, or the proposall calling for the creation of the Department of Water Resources.

Poe said the country has 421 river basins, 59 natural lakes; 100,000 hectares of freshwater swamps; 50,000 square kilometers of groundwater reservoir; and 2,400 mm of average rainfall throughout the year, which she stressed should be enough to solve the country’s water crisis.

But despite the vast water resources, she noted that 131 cities and municipalities from Ilocos Norte down to Cotabato “have suffered immense water shortage” that they have to declare a state of calamity.

Poe said the mismanagement of water resources has resuled to either floodings during the rainy season, and lack of water supply during the hot summer months, which she said should not be the case.

The Office of Civil Defense has said that damage to the agricultural sector has already reached P4 billion and is expected to rise before the month ends due to drought spawned by the El Niño phenomenon.

Poe said the management of the country’s water resources should be headed by the National Water Resources Board, with all other agencies with allocations to water resources and supply must be under it.

“Lahat yan may allocation ng tubig pero wala naman talagang malinaw na regulasyon at polisiya. Kailan tayo huling nagpatyo ng dam, meron bang makakasagot? (All of these agencies have allocations for water but not one of them has a clear regulation and policy. When was the last time we built a dam, can anybody present here answer?),” Poe asked, pointing out that the country last built the Angat dam in 1968.

“What I am saying is, what is our population in 1968 compared now? It has doubled. So, we should not be surprised if we are lacking water supply,” she said in a mix of Filipino and English.

She said decades of research conducted by the National Economic and Development Authority, the United Nations, and the Asian Development Bank all pointed to the “lack of lead agency” as the reason for the water problems since there is no agency to harmonize the government’s water policies.

“With over 30 departments and line agencies handling water-related functions, coordination on vital programs and collection has been very limited, if non-existent. Higit sa lahat, walang isang maayos na programa para maturo sa tao at gawing bahagi ng kultura ang responsableng paggamit ng tubig (To top it all, there are no clear programs to instill in the minds of the people how to responsibly use water),” she added.

Poe said she was hesitant at first to put up another department due to logistical limitations, but there is an urgent need to create the Department of Water Resources “that reflects the obligation to sustainably utilize our resources and our collective goal to ensure water security for all,” she said.

“So, this is actually crucial, to create a department that’s specifically focused on water. We wanted to push this from the beginning of the term of the President, but I understand they needed to study more whether this is actually something that we will need and if it’s justifiable to support,” she also said, adding: “We will endeavor to pass it definitely by this Congress because we have to, this is crucial.”

BuCor to probe complaints of ‘degrading’ strip search

BY Ashzel Hachero

BUREAU of Corrections Director General Gregorio Catapang Jr. yesterday ordered an investigation into the complaints of wives of political prisoners that they were subjected to a “degrading and traumatic” strip search during their recent visit to their husbands at the New Bilibid Prison in Muntinlupa City.

Catapang also said the agency is willing to be investigated on the complaints filed last Monday before the Commission on Human Rights by two women who claimed they were subjected to strip searches, including body cavity inspections, even though they were not carrying contraband items.

One of the complainants, Gloria Almonte, the wife of political prisoner Dionisio Almonte, said he was forced to undergo a strip search last April 21.

“I was made to squat three times and then bend over while opening my private parts to check for any hidden illegal items,” said Almonte, whose husband has been detained for 10 years on rebellion charges.

Fides Lim, spokesperson of Kapatid, a support group composed of families and friends of political prisoners, called for an investigation into the complaints, saying they violated national and international laws.

“The BuCor is willing to be investigated on this matter in order to clarify our position on matters pertaining to the visitation of persons deprived of liberty,” Catapang, who is in Malaysia attending a summit, said in a statement.

Catapang explained that a strip search is strictly being implemented in all prison and penal farms of the agency over the increasing number of visitors caught sneaking in contraband placed in their private parts.

Citing BuCor records, Catapang said about 30 visitors of inmates were apprehended from October 2023 to March 8 this year trying to sneak in contraband, including suspected illegal drugs, concealed in their private parts and others tucked or sewed into their underwear.

He said his office will also probe the CHR complaint to see if jail officials violated the rules.

Corrections Chief Inspector Roger Boncales, the acting NBP superintendent, said a strip search is being conducted on all visitors of inmates since random search and frisk search have proven ineffective.

“There is an increase in the number of those trying to sneak in contraband items, that’s why we have to be more thorough in our inspection,” Boncales said.

He explained that under the Bucor Operating Manual on visitor control, all visitors shall be subjected to a thorough body search and their belongings and or packages screened for contraband before they can enter the security camp.

It also called for women visitors to be searched only by female corrections officers and the search done in a private area with the consent of the concerned visitor.

“As NBP Acting Superintendent, it is my duty to ensure the orderliness of the visit and the observance of the established visitation procedures,” Boncales said.

Catapang stressed that there are no exemptions in conducting the procedure.

“We have to be strict, without fear or favor in the implementation of a strip search, otherwise we will negate our responsibility of protecting our persons deprived of liberty and if we exempt an individual, we might be accused of giving VIP treatment,” Catapang said.

“This is the reason why last year we appealed to Congress for additional budget to be able for us to buy full body scanner machines just like those being used in our airports. With this, it can detect objects even those inside a person’s body for security screening purposes, without physically removing the person’s clothes or making any physical contact,” he added.

The BuCor chief said each scanner machine costs between P20 to P25 million each, adding that the agency needs an initial five machines.

Solon says Duterte’s party now ‘face of the opposition’

BY WENDELL VIGILIA

FORMER President Rodrigo Duterte’s Partido Demokratiko Pilipino (PDP) has become “the face of the opposition” since the former chief executive and his allies like Davao del Norte Rep. Pantaleon Alvarez started criticizing President Marcos Jr. and his administration, an administration lawmaker said yesterday.

“We have to call a spade a spade,” Zambales Rep. Jay Khonghun, a House assistant majority leader, told a press conference.

“It would seem that the face of the opposition now is the PDP. Most of those who are criticizing and speaking against the administration are members of the PDP. We all know that,” he also said in Filipino.

Duterte, who is in danger of being ordered arrested by the International Criminal Court for his bloody war on drugs, has been on a warpath, assailing Speaker Martin Romualdez and his first cousin, President Marcos Jr, who the former president accused of being drug addict.

Last month, Duterte denied he is the leader of the opposition, saying he is “not against Marcos.” The PDP chair said he did not support Marcos Jr. in the 2022 elections because he is friends with many of the other presidential candidates.

Duterte’s daughter and Marcos’ running mate in the 2022 presidential elections, now Vice President Sara Duterte, has chosen to stay in the Cabinet as concurrent Education secretary, saying she would rather discuss the issue privately with the President after First Lady Louise “Liza” Marcos admitted their relationship has soured.

Alvarez, one of Duterte’s trusted lieutenants, last month urged the military to withdraw support from President Marcos Jr. amid the rising tension between the Philippines and China in connection with the territorial dispute in the West Philippine Sea in the South China Sea. If the military withdraws support, Marcos will be forced to step down as president and the Vice President, who has remained silent on Beijing’s bullying of Filipinos in the West Philippine Sea, will take over.

Khonghun thanked Palawan Rep. Jose Alvarez, PDP president, for remaining supportive of the Marcos Jr. administration. Alvarez said last month other PDP members are not obligated to support Duterte’s tirades against the administration.

As political alliances shift for the 2025 elections, Khonghun stressed the importance of political parties wishing to join the administration coalition to align with principles and goals espoused by the President.

Lakas is set to formalize today its alliance with the President’s Partido Federal ng Pilipinas for the 2025 midterm elections.

Deputy speaker David Suarez, party spokesman, said the administration coalition is open to all parties as long as a party is willing to help in accomplishing the goals of the Marcos administration.

Suarez could not say yet if the Vice President’s Hugpong ng Pagbabago (HNP) party will still be part of the coalition, saying the ruling party’s executive committee has yet to convene to discuss the possibility.

He, however, stressed that other political parties are welcome to join the coalition as long as they also support the advocacies and programs of the Marcos Jr. administration.

Maricel Soriano admits owning condo in ‘PDEA leaks’
but denies drug use

BY RAYMOND AFRICA

ACTRESS Maricel Soriano yesterday admitted she owned the condominium unit in Makati City that was mentioned in one of the documents tagged in the “PDEA leaks” controversy but denied she used illegal drugs.

Soriano, who physically attended the second hearing of the Senate Committee on Public Order and Dangerous Drugs on the controversy, said she was unaware that she was a supposed subject of an operation of the Philippine Drug Enforcement Agency (PDEA) to verify her alleged illegal drugs use with then senator and now President Marcos Jr. in 2012.

“Unang-una po hindi ko ho alam ‘yung tungkol sa mga dokumento. Nalaman ko na lang ‘yan nu’ng pinakita sa akin dahil hindi po ako nagbabasa ng mga ganyan. Wala po akong alam,” (First of all, I don’t know anything about those documents. I only knew about them when they were shown to me because I don’t read those things),” she said when asked if there was truth in the PDEA documents.

“Nagtataka lang po ako dahil lahat po ng tumestigo dito ay nagsabi na hindi na-verify ang impormasyon ni Mr. (Jonathan) Morales at walang imbestigasyong naganap. Pasensiya na po kung nalilito po talaga ako dito (I am wondering [why I was invited to attend the hearing] because everyone who testified in this hearing have been saying that Mr. Morales’ information was not verified and there no investigation ever took pace. I am sorry, but I am really confused),” she also said.

The actress was invited to attend the hearing to shed light on allegations that he and Marcos were photographed on at least five occassions engaging in illegal drugs activities in a condominium unit in Makati City.

The photographs were part of leaked PDEA documents, which include a pre-operation report and authority to operate dated March 11, 2012, that were exposed in social media platforms by a vlogger.

The PDEA has denied the existence of the 2012 documents, but former agent Jonathan Morales has said that he prepared the reports after a confidential agent, whom he did not name, allegedly showed him at least five photographs showing Marcos and Soriano using illegal drugs.

Morales said the documents were kept at the agency’s Intelligence and Investigation Service (IIS).

When asked by Sen. Ronald dela Rosa, committee chairman, if she was the owner the condominium unit mentioned by one of the leaked PDEA documents where “a group of showbiz and politically affluent personalities are frequently using illegal drugs,” Soriano admitted that she owned it, but added that she sold the property sometime in 2012.

The condominium unit in question is Unit 4-C Rizal Tower Building in Rockwell Makati City.

Dela Rosa asked the actress to furnish the committee of the condo’s deed of sale to prove the authenticity of Soriano’s statement, to which she said she would look for it and submit it to the panel.

Morales had claimed that the PDEA operations against Marcos and Soriano did not push through after it was allegedly blocked by former Executive Secretary Paquito Ochoa.

Morales said Ochoa purpostedly gave his order to stop the operation to then PDEA deputy director general for operations Carlos Gadapan.

Gadapan can no longer clarify the matter as he has already died.

Ochoa was invited to attend yesterday’s hearing. He, however, failed to appear as he allegedly has a prior commitment.

During yesterday’s hearing, Morales told the committee he could no longer recall the name of the confidential informant who linked Marcos and Soriano to illegal drugs use.

This irked Sen. Jinggoy Estrada: “Ikaw Morales, nagbabanggit ka ng pangalan ng personalidad, ultimo pangalan ng Presidente, pangalan ng sikat na artist ana wala ka namang ebidensiya. Ang sabi mo galing sa informant, ngayon sinasabi mo hindi mo matandaan? Naninira ka lang ng tao eh (Morales, you have been mentioning the names of known personalities, you even mentioned the name of the President and a known actress even if you do not have evidence against them. You are telling us that your information came from an informant that you cannot even remember the name? You are just maligning these people).”

Morales said he could not even reveal the gender of the informant for fear of putting his or her life in danger.

Dela Rosa said that he will conduct an executive session so that Morales can reveal the informant’s identity, but the former PDEA agent said he can only reveal the informant’s gender.

Dela Rosa said he believes that the leaked documents were authentic since Morales has been “very straightforward” in giving details of what he remembered in 2012 when he talked to the informant.

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