It's your weekly compendium of foolishness and corruption in the Philippine government.
The Commission on Elections (Comelec) en banc affirmed the disqualification of Carmen Geraldine Rosal as a candidate for mayor of Legazpi City, Albay during the May 9, 2022 elections.
In a 17-page resolution promulgated on May 4, the seven-member en banc affirmed the ruling of its 2nd Division dated Oct. 4, 2022, disqualifying Rosal based on finding her liable for violating Section 261 (v) of the Omnibus Election Code (OEC), which prohibits the release, disbursement, or expenditure of public funds 45 days before Election Day.
“Respondent is found to have given money to influence, induce, or corrupt the voters, as described in Section 68 (a) in relation to Section 261 (a) (1) of the Omnibus Election Code. Respondent is hereby disqualified from being a candidate for Mayor of Legazpi City, Albay for the 9 May 2022 National and Local Elections,” the poll body said.
The disqualification case was filed by Joseph San Juan Armogila against Rosal over her participation in the two-day Tricycle Driver's Cash Assistance Payout in the city on March 31, 2022.
According to Comelec, Rosal did not deny that she was among those present during the activity.
It noted that a Facebook post about the activity thanked Rosal and referred to her as "Mayor Gie Rosal," when she was not the incumbent mayor at the time, in an apparent reference to the position she was then running for.
The commission also found it sufficient to conclude that Rosal was among those who gave the cash assistance and that it was given "to influence or induce them to support her candidacy for Mayor."
“All things considered, this Commission (En Banc) is convinced that Respondent gave money in order to influence, induce, or corrupt the tricycle drivers concerned. Petitioner is found to have sufficiently proved his case by the requisite Substantial Evidence,” the Comelec added.
The Mayor of Legazpi City has been disqualified for vote buying during the 2023 election.
The Sandiganbayan has convicted former Albay 3rd District Rep. Reno G. Lim and former Technology Resource Center (TRC) deputy director general Ma. Rosalinda M. Lacsamana of their four graft and four malversation charges involving the misuse of P27 million development assistance fund (PDAF) in 2007.
They were sentenced to six to 10 years for each of their graft convictions with perpetual disqualification from holding public office. They were also ordered to indemnify the National Treasury of P27 million, the amount wrongfully and illegally disbursed.
In their two malversation charges, Lim and Lacsamana were sentenced to reclusion perpetua (a maximum of 40 years imprisonment) and were ordered to pay a fine of P12 million, the amount malversed.
In their two other malversation charges, they were sentenced to 10 to 12 years imprisonment and ordered to pay a fine of P1.5 million.
The criminal charges arose from the release of Lim's PDAF for the purchase of 8,000 sets of livelihood instructional materials and technology kits.
The prosecution told the court that Lim specifically chose TRC as the implementing agency for his project, and he also chose the Kaagapay Magpakailanman Foundation, Inc. (KMFI) as its non-government organization partner.
The court was also told that the livelihood projects were never implemented as KMFI lacked the necessary track record to carry out the projects.
In his defense, Lim claimed that his only participation in the PDAF allocation was his request for its release from the Department of Budget and Management (DBM). He added that his signatures were forged in the letters addressed to the TRC director general.
But even after reviewing Lim's signatures and the ones he claimed were forgeries, the Sandiganbayan said there is no "glaring or stark variations in their general appearance."
"The acts of accused Lim in endorsing KMFI and disregarding its clear lack of capacity or qualification and accreditation requirements, entering into memoranda of agreements only to renege on his responsibilities and signing false Project Proposals and Accomplishment Forms indubitably prove manifest partiality and evident bad faith on his part," the court said.
It also said that Lacsamana "aided" Lim when she permitted the disbursement of the subject PDAF by signing two disbursement vouchers and causing the release of the checks in favor of KMFI.
A former Representative and Technology Resource Center deputy directive have been convicted of graft over misuse of PDAF money.
A police officer in Candelaria, Quezon province was killed Saturday while investigating a road rage incident.
Candelaria police identified the victim as P/Cpl. Reniel Marin, who was shot dead while conducting a follow-up operation on a road altercation gone wrong.
Initial reports from the town's police said that 2 tricycle drivers were having a heated argument after colliding into each other along a narrow road in Barangay Bukal Sur Saturday morning.
Amid the quarrel, one of the tricycle drivers pulled out a gun and fired at the other twice.
The injured driver was rushed to a hospital while the other driver with the gun fled the scene.
Marin, along with his fellow police officers from the Candelaria PNP, sought the house of the gun-wielding tricycle driver for a follow-up operation.
The driver's wife was answering questions from the police when the injured driver's brother, identified an Army reservist, suddenly stormed the house and fired his gun.
Marin was fatally wounded after being shot in the chest, while the gun-wielding tricycle driver's 12-year-old daughter was also hurt in the second shooting.
Both victims were rushed to a hospital, but the police officer was declared dead at 6 p.m. Saturday. The daughter, meanwhile, was reportedly in stable condition.
Candelaria police noted that the Army reservist thought Marin and his fellow police officers were the ones who shot his brother and fired at them in retaliation.
A police officer was shot dead by an Army reservist who mistakenly thought the officer shot his brother.
A former barangay tanod, which means village peacekeeper in English, in Balamban town in Cebu surrendered to authorities on Monday, May 8, 2023, after being accused of shooting police officers.
The police identified the suspect as Antonio Rabago, a resident of Sitio Butong, Brgy. Buanoy in Balamban.
Last Sunday dawn, May 7, police in Balamban received reports from a concerned citizen that Rabago had allegedly been firing his gun indiscriminately in Sitio Butong in Brgy. Buanoy.
The Balamban Police Station deployed Police Senior Master Sergeant Godofredo Dumdum and Police Patrolman Chimo Paual to the village to check.
However, Rabago reportedly opened fire toward the incoming police officers. One of the bullets hit Dumdum, who is also Balamban Police Station’s chief intelligence officer.
The wounded police officer remains confined in the hospital as of Monday morning. Meanwhile, police immediately conducted a hot pursuit operation against Rabago.
The suspect later surrendered to Buanoy Barangay Captain Clyde Seblos on Monday dawn, May 8.
A former village watchman shot a cop.
The Sandiganbayan has convicted former Maguindanao governor and incumbent Shariff Saydona Mustapha town Vice Mayor Datu Sajid Islam U. Ampatuan of graft and malversation of public funds charges in the irregular purchases of P16.3 million worth of food supplies in 2009.
Also convicted was former provincial budget officer Datuali Kanakan Abpi Al Haj.
Both Ampatuan and Al Haj were sentenced to six to 10 years imprisonment for their graft conviction, and 10 to 18 years jail term for malversation. They were also ordered to pay a fine of P16,317,559, the total amount malversed.
The cases against their co-accused, former provincial accountant John Estelito G. Dollosa Jr. and former provincial treasurer Osmena M. Bandila have been ordered archived pending their arrest.
During trial, the prosecution successfully proved that Henry Merchandising was indeed "an unqualified bidder and supplier with a highly doubtful existence" as the company failed to submit documents showing its eligibility requirements, the court said.
Henry Merchandising likewise did not have an actual or physical store or warehouse where stocks of the items bought -- such as rice M-I, Maggi noodles, Young Town's sardine, brown sugar, and dried fish -- could be found, it said.
There were also mismatched dates in most of the documents, including the official receipts, purchase orders, and disbursement vouchers. These "omissions," said the court, could have easily been supplied if the transactions were legitimate.
A former governor of Maguindnao and a former budget officer have been convicted of graft and malversation of funds.
The village chief of Upper Liason, Tambulig, Zamboanga del Sur was shot dead by gunmen riding in tandem along the national highway in Purok 2 of the town’s Gabunon village at 8:35 a.m. on Monday, May 8.
Police Major Orlyn Leyte, the Tambulig police chief, identified the victim as Edgardo Estrebor Surigao, 57, the current barangay captain of Upper Liason, Tambulig town.
Police learned that the attackers were on board a black Honda XRM motorcycle and were both wearing black jackets, black helmets and blue jeans. The victim was shot while on his motorcycle.
Police were still trying to determine the motive behind the shooting.
A village chief has been assassinated.
Gen. Benjamin Acorda, Jr., chief of the Philippine National Police (PNP), vowed on Tuesday, May 9, to pursue a case build-up against around 3,000 policemen with derogatory records.
Acorda said the erring cops have already been subjected to counter-intelligence when he was still the head of the PNP’s Directorate for Intelligence during the time of retired PNP chief Rodolfo Azurin, Jr.
“We have been monitoring these personalities, these scalawags and my instruction is for our intelligence operatives to make that they would not be able to commit illegal activities againm” said Acorda.
“We will be conducting continuous monitoring, we will pursue the case build-up against them,” he added.
Acorda said the wrongdoings they monitored to have been committed by the erring cops range from extortion to illegal drugs involvement,
He then urged the public to immediately report any policeman involved in illegal activities as he vowed that he would ensure that they would all be punished.
“Let us be brave enough and help us cleanse our ranks,” said Acorda.
Cases are being prepared against 3,000 cops.
Criminal charges were filed against four policemen from the Philippine National Police-Drug Enforcement Group (PDEG) for allegedly kidnapping and torturing two persons whom they accused of being involved in illegal drug activities.
The alleged abuse happened last March in Minglanilla town, southern Cebu.
The complainants had sought help from the National Bureau of Investigation-Central Visayas (NBI-7).
After investigating the complaint, the NBI-7 filed charges against the PDEG personnel before the Office of the Ombudsman-Visayas on Friday, May 5.
Charges filed were violation of Article 267 of the Revised Penal Code or Kidnapping and Serious Illegal Detention with torture and grave misconduct or violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Named respondents were Police Staff Sgts. Rey David Aumentado, Rex Forrosuelo, Marjun Milar, and Jemechiel Gemang and two other unidentified persons.
NBI-7 agent Greg Algoso Jr. said the alleged abuse happened when the four policemen and two unidentified persons apprehended Randolph Restauro, 30, a chef from Talisay City, and his live-in partner Gemalen Elorde, 26, around 1 a.m. on March 26.
The couple was aboard a motorcycle traversing a highway when two men aboard another motorcycle blocked their path.
A Toyota Innova also stopped in front of the couple’s motorcycle.
Two men alighted from the Innova and forced the couple to board the car.
The car then proceeded to Cebu City. The couple alleged that while they were heading to Cebu City, a man sitting on the front seat allegedly started hitting Restauro and forced him to surrender the illegal drugs that he was supposedly keeping.
The two were later blindfolded with masking tape.
Elorde told the NBI-7 that she was able to see the faces of the persons inside the vehicle as her blindfold was not that tight.
The couple said they were brought inside an office in Cebu City and were mauled while being forced to admit that they were keeping illegal drugs.
The couple told the NBI-7 when the persons that abducted them did not get any contraband from them, they were brought back to Minglanilla.
The NBI-7 said they were able to secure footage corroborating the couple’s accounts where and what time they were abducted.
The NBI-7 was also able to identify the four persons who abducted the couple during the course of the investigation.
The couple was only able to identify the four persons inside the Innova as the two men who blocked their paths wore helmets and rode a motorcycle on their way to Cebu City.
Four cops haeve been charged with kidnapping.
A village chief in Leyte town of Leyte province was killed, while his wife was wounded in an ambush Wednesday by unknown assailants in Kananga town, Leyte.
The fatality was identified as Raul Cosinillo, 56, and chairman of Barangay Mataloto, Leyte.
The initial police investigation showed that Cosinillo and his wife Mercedes were traveling on board a multicab on their way home to Mataloto from Ormoc City for his dialysis treatment.
When they reached Sitio Laray, Barangay Naghalin, two persons on board a motorcycle suddenly overtook Cosinillo’s multi-cab and fired several shots towards them.
Cosinillo, who was driving the multi-cab, suffered several gunshot wounds in his body.
His wife, who was sitting on the passenger’s seat, also suffered gunshot wounds and was immediately rushed by the responding personnel to Clinica Gatchalian in Ormoc City.
Mercedes, 56, was in stable condition on Wednesday evening.
Their 21-year-old old daughter Phanthea, who was seated at the back of the vehicle, was spared.
The police are conducting an investigation to identify the assailants and the motive behind the killing.
A village chief has been assassinated.
Three persons, including a Bureau of Internal Revenue (BIR) employee and his wife, were charged criminally before the Department of Justice (DOJ) for allegedly tampering with sales machines to “manipulate and suppress the sales” involving P6.1 billion of several businesses.
Named respondents in the complaint were Chiradee N. Base, owner of Basebyte Software Management and Consultancy Service, her husband and BIR employee Aldwin G. Base, and their cousin Jelson B. Vargas.
BIR Commissioner Romeo D. Lumagui Jr. led the filing of the complaint on Thursday, May 11, before the DOJ.
The respondents were charged with violations of Section 264-B of the National Internal Revenue Code of 1997, as amended, on Possession, Sale or Offer to Sell, Installment, Transfer, Update, Upgrade, Keeping or Maintaining of Sales Suppression Devices.
In an interview, Lumagui said that he had already signed the dismissal of Base as BIR employee.
“What we filed is a case on manipulation of sales machine", Lumagui said.
"The amount they manipulated is P6.1 billion in sales loss of a business owner whom they provided services,” he said.
He said that Aldwin himself installed software in the machine used to manipulate the records of the sales of the business involved.
“So far we have seen four companies that were provided with the sales machines. We are now looking at other companies that were given these machines. From what we saw from the four is that P6.1 billion in earnings in lost sales that was cheated from the business owners,” Lumagui said.
He said the fraud was discovered following the audit conducted by the BIR on these businesses which showed discrepancies in the receipts and the drop in sales.
A BIR employee has been charged with tampering with machines.
The former acting municipal treasurer of Isabela, Negros Occidental has been ordered dismissed from government service for the loss of about PHP6.62 million in cash and checks of the local government in January.
Nenette Escarda, assigned as Cashier I at the Provincial Treasurer’s Office here, was found liable for serious dishonesty, and guilty of both grave misconduct and malversation of public funds, based on the 10-page decision involving an administrative case approved by Governor Eugenio Jose Lacson on May 8.
Isabela Mayor Irene Montilla said Wednesday she considers the ruling a “fair decision,” adding that she has also discussed with Provincial Legal Officer Alberto Nellas Jr. the filing of a criminal case against Escarda.
“We’re in talks. That’s actually his suggestion because that’s the only way she will be held liable and accountable for all the cash and checks that had gone missing while she was in possession of them,” she told Capitol reporters.
Montilla said until now, the municipal government has recovered only the majority of the checks, but none of the cash, and the unliquidated cash advances were still being investigated.
The decision drafted by Nellas, who sits as the hearing officer, cited the Commission on Audit (COA) report dated Jan. 31, 2023 on the irregularities in Escarda’s accountability, including PHP2.6 million in cash and approximately PHP3.8 million in checks, or a total amount of PHP6,629,146.18, which have remained undeposited, based on the cash book.
Cash advances amounting to PHP972,000 were also found to be unliquidated.
“Thereby, (Escarda) incurring an unaccounted balance or cash shortage of PHP7,601,146.18,” the COA report added.
Escarda had earlier claimed that the cash and checks, which she brought home, were stolen at her residence in this city.
For serious dishonesty, the decision stated that Escarda’s unauthorized removal of the municipal collections from their usual place of safekeeping and bringing these to her home “shows her intent to commit material gain.”
“The dishonest act caused serious damage and grave prejudice to the municipal government of Isabela,” it added.
In the offense of grave misconduct, the ruling pointed out that “(a) flagrant disregard of laws and rules is apparent on the part of the respondent,” who is “accountable for public funds received and/or entrusted to her by reason of her office.”
For malversation of public funds, Escarda’s justification that she was compelled to bring home the municipal fund since the officer tasked to deposit was in another assignment was not given due course.
“The respondent must be held liable for the loss of the municipal funds by appropriating for herself, or permitting another person, through either abandonment or negligence, to take the same,” the decision added.
Escarda’s dismissal from service includes the accessory penalties of, among others, cancellation of eligibility, perpetual disqualification from holding public office, and forfeiture of retirement benefits.
The former acting municipal treasurer of Isabela, Negros Occidental has been ordered dismissed from government service for the loss of about PHP6.62 million in cash and checks of the local government in January.
Authorities have arrested Zamboanga Peninsula’s eighth most-wanted illegal drug trader and a member of the Barangay Intelligence Network (BIN) in separate anti-drug operations here.
Col. Alexander Lorenzo, city police director, on Wednesday identified the suspect as Norman Sawadjaan, 35, and the BIN member as Momer Akari, 39.
Lorenzo said joint policemen and military intelligence operatives nabbed Sawadjaan in an anti-drug operation in Benz Drive, Barangay Arena Blanco at about 8:10 p.m. Tuesday.
Seized from Sawadjaan were two plastic sachets of suspected shabu, with an estimated street value of PHP136,000, and other pieces of evidence.
Meanwhile, Lorenzo said Akari was arrested in an anti-drug operation in a motel room in Barangay Canelar, which the suspect allegedly used to sell illegal drugs to his clients, at about 2:50 a.m. on Tuesday.
Confiscated from Akari were suspected shabu drugs worth PHP340,000 and other pieces of evidence.
BIN members, also known as the “eyes and ears” of the barangay, are used to gather information that affects the peace and order situation of their community.
A member of the Barangay Intelligence Network has been nabbed for drugs.