It's your weekly compendium of foolishness and corruption in the Philippine government.
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| https://mb.com.ph/2023/6/30/ex-puerto-princesa-city-mayor-hagedorn-convicted-on-unaccounted-14-armalite-rifles |
The Sandiganbayan has convicted former Puerto Princesa mayor Edward S. Hagedorn of malversation of public property involving unaccounted 14 pieces of Armalite rifles in 2013.
Hagedorn was sentenced to two to seven years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
He was likewise ordered to pay P490,000, and to return to the Bureau of Treasury P35,000.
Case records showed that on July 1, 2013, Hagedorn failed to account for 14 Armalite rifles valued at P490,000.
Twenty firearms were issued to Hagedorn but only six of them were returned to the city government at the end of his term on June 30, 2013.
In his defense, Hagedorn told the anti-graft court that the firearms were assigned to his security detail and personnel, who have actual custody of the firearms.
But the court said: "Accused Hagedorn is deemed to be the 'head' of his office. The mere fact that accused Hagedorn knowingly and willingly signed the memorandum of receipt for semi-expendable and non-expendable supplies or property and declared himself as the person 'immediately accountable' to the 20 firearms received by his office, accused Hagedorn is now barred in denying otherwise."
The anti-graft court pointed out that even if the firearms were assigned to his security detail, it will not remove Hagedorn’s accountability for the firearms.
Despite demands to return the firearms, the court said that Hagedorn failed to comply. Thus, the court said, his failure is already prima facie evidence that he has put such missing property to personal use.
The former mayor of Palawan City has been convicted of malversation of public property over missing rifles.
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| https://mb.com.ph/2023/6/30/sandigan-convicts-ex-davao-del-norte-rep-olano-4-others-in-misuse-of-p7-7-m-pdaf |
The Sandiganbayan has convicted former Davao del Norte congressman Arrel R. Olaño, businesswoman Janet Lim Napoles, and three others of graft and malversation of public funds in the misuse of the then legislator’s P7.72 million priority development assistance fund (PDAF) in 2007.
Also convicted were former Technology Resource Center (TRC) group manager Maria Rosalinda M. Lacsamana, three counts each of graft and malversation; Mylene T. Encarnacion of the Countrywide Agri and Rural Economic Development Foundation, Inc. (CARED), one count each of graft and malversation; and Evelyn D. de Leon of the Philippine Social Development Foundation Inc. (PSDFI), two counts each of graft and malversation.
It was found that Olaño received P3.175 million from Napoles for endorsing PSDFI and CARED as "project partners" in implementing livelihood projects for barangays in the 1st district of Davao del Norte.
In its decision promulgated on June 30, 2023, the anti-graft court found that the accused acted in conspiracy to funnel Olaño's PDAF to Napoles.
Olaño's receipt of kickbacks and commissions were all recorded in the daily disbursement report (DDR) of Napoles' company, JLN Corporation, which were confirmed by the Anti-Money Laundering Council in its official Bank Inquiry Report, the court said.
It also said the National Bureau of Investigation (NBI) conducted a forensic examination on the DDR and found the file to be with "integrity" and "zero error."
"Accused Olaño failed to justify the reason why he endorsed said NGOs which was clearly established by the evidence as fake, unqualified, and/or unaccredited," the court said.
"The transactions funded by the PDAF of accused Olaño were considered irregular and illegal after special audit for being violative of existing laws, rules, and regulations and for being unliquidated," it added.
A former Congressman has been convicted of graft and malversation for PDAF misuse.
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| https://www.pna.gov.ph/articles/1204635 |
Operatives of the Criminal Investigation and Detection Group (CIDG) have arrested an active police officer and a former security guard for selling illegal firearms and ammunition in Batangas.
In a statement issued on Friday, CIDG director Maj. Gen. Romeo Caramat Jr. identified the suspects as Senior Master Sgt. Carlito Escorsa Jr., assigned at the Sto. Tomas City Police Station, and his cohort Ramil Esperanzate.
The suspects yielded one M16 Rifle (Colt), five pieces of long steel magazine for M16 rifle, two pieces of short steel magazine for M16 rifle, two pieces of ammunition guide for M16 rifle, 67 rounds of ammunition for M16 rifle, two pieces of cellular phones, and the boodle money in an operation in Barangay San Antonio in Sto. Tomas City on Wednesday.
“These suspects were using social media or online communication to sell unlicensed firearms, which came to our knowledge so we conducted a buy-bust operation which was successfully carried out," Caramat said.
Caramat said the arrested suspects -- now facing charges for violation of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act -- and confiscated evidence were brought to CIDG Batangas PFU Office for documentation and proper disposition.
A cop and his partner have been arrested for illegally selling weapons.
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| https://www.gmanetwork.com/news/topstories/regions/874469/barangay-kagawad-shot-dead-by-alleged-gun-for-hire-group-in-tiaong/story/ |
A barangay kagawad was killed after he was shot near a waiting shed in Tiaong, Quezon.
According to Paul Hernandez's report on GMA Regional TV Balitang Southern Tagalog, the victim was identified as Ricky Gallanga, 44.
He was a kagawad of Barangay Cabay.
CCTV footage showed the gunman at the waiting shed before he pulled out a gun and shot Gallanga.
The kagawad was shot even after he had fallen.
Police said Gallanga suffered four to five gunshot wounds.
The gunman escaped on board a waiting motorcycle.
One of the three suspects was arrested. The motorcycle has also been found.
Police said the shooting was done by a gun-for-hire group.
Another barnagay councilor has been assassinated.
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| https://newsinfo.inquirer.net/1796031/2-davao-city-village-officials-shot-dead |
Two village officials were shot dead in Barangay Baganihan in Marilog district here Saturday morning, police said.
Joel Daguinsal Siawan, 37, a barangay kagawad and resident of Purok 7, Pangudlutan; and Ernesto Linog Matalam, 52, an Indigenous People Mandatory Representative (IPMR) and resident of Sitio Namnam, Barangay Baganihan were heading towards the national highway after conducting a tribal ritual in the area when they were attacked.
People who joined the ritual heard gunfire and later saw Siawan and Matalam sparwled on the ground.The gunfire was reported to have come from the forested area of the village.
Police are still pursuing the suspects.
Two village officals in Davao have been assassinated.
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| https://newsinfo.inquirer.net/1796592/coa-ovps-fast-tracking-of-satellite-ofcs-led-to-disregard-of-procurement-rules |
The Office of the Vice President (OVP) failed to fully observe provisions in Government Procurement Reform Act when it immediately established Satellite Offices (SOs) across the country, the Commission on Audit (COA) stated.
COA’s annual audit report of OVP for 2022 showed when the office purchased its Plant, Property, and Equipment (PPE) and semi-expandable equipment in their SOs worth P668,197, the funds used came from its officers — who were eventually reimbursed by government.
However, even if a quotation was provided so that the lowest price was obtained, COA said it still did not adhere to Republic Act Number 9184’s goal of improving transparency.
“Our audit disclosed that OVP failed to fully observe the processes and procedures required under RA no. 9184 and its IRR in the purchase of its PPE and Semi-Expendable Equipment in SOs totaling P668,197.20,” the report said.
“The immediate establishment of SOs without enough equipment to operate led to Management’s decision to resort to the immediate purchase of PPE and semi-expendable property using the cash of its officers, which the OVP subsequently paid through reimbursement,” the commission recalled.
“Although a quotation was attached, ensuring that the lowest price was obtained in the market, OVP’s failure to undergo these purchases in processes and procedures required under RA no. 9184 and its IRR defeats the purpose of the Procurement Law, which is to standardize and to improve transparency in the procurement process,” it observed.
COA also noticed the receipts were reported only to the Property Unit between one to three months after the purchase, thus raising questions on accountability.
“In addition, the Audit Team also noted, based on control reference of Inspections and Acceptance Report (IAR) and date of Inventory Custodian Slip (ICS) and Property Acknowledgment Receipt (PAR), that purchases were reported only to Property Unit one to three months after its purchase. Hence, accountability over the property was not immediately established,” COA explained.
When they asked why OVP resorted to the use of its officers’ personal funds, the office answered they wanted to expand the services provided by OVP immediately.
“As per inquiry, the immediate establishment of SOs was made due to Management’s intention to immediately expand services offered by OVP to various provinces, however, controls to ensure that government resources were utilized as intended and prevented from loss should also be considered,” COA relayed.
“The immediate establishment of OVP’s SOs without a standardized and streamlined processes in handling and reporting of acquired PPE resulted in late reporting and recording of purchased property,” it added.
COA said it has asked OVP to stop the practice of doing transactions that eventually leads to reimbursement as it defeats the purpose of the procurement reform law.
The OVP has been flagged by the COA for not following procurement laws.
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| https://www.philstar.com/headlines/2023/07/01/2277863/coa-flags-dilg-p363-million-unspent-funds |
The Commission on Audit (COA) has flagged the Department of the Interior and Local Government (DILG) for over P362.992 million of unspent funds meant to bankroll several local projects in 2022.
In its annual audit report on DILG, the COA noted that of the P2.180-billion fund allocated for the implementation of local projects, 83.35 percent or P1.817 billion was utilized or obligated as of Dec. 31, 2022 while 16.65 percent or P362.992 million remained unutilized or unobligated.
The COA said DILG reports showed the low utilization rate was due to the non-conduct of various activities such as orientations, workshops, training, audit of various local government units, data analysis and procurement of information, educational and communication materials.
The COA said the reports disclosed that this was because of the “top management’s decision to realign funds, delayed receipt of funds, ongoing consolidation of inputs from various stakeholders, and delayed procurement,” among others.
The audit body said the DILG’s failure to implement the projects also caused the reversion of the unexpended allotments to the “Un-appropriated Surplus” of the national government.
The COA recommended to the DILG to properly plan its programs, projects and activities for each year to fast-track their implementation and ensure attainment of the goals and objectives of the agency.
The DILG has been flagged by the COA for unspent funds.
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| https://cebudailynews.inquirer.net/514142/coa-tells-alegria-officials-purchase-of-calendars-delivered-in-may-irregular-wasteful |
The Commission on Audit (COA) called out officials of the southwestern Cebu town of Alegria for spending P345,000 for wall calendars for 2022 that were delivered at the end of May, when almost half the year was gone, and at a fewer quantity than what was contracted.
The Commission on Audit said the transaction was “irregular and unnecessary” and would be disallowed unless town officials could justify it.
It was an honest mistake, Alegria’s designated information officer and chairman of the bids and awards committee (BAC) Jesus Rey S. Cavalida said in an interview. He said they will just wait for COA to issue a notice of disallowance so that they can process the recovery of the amount.
The purchases were done during the mayorship of Verna Magallon, who is now the vice mayor.
The delayed procurement of the calendars “impaired the usefulness of the goods,” the report said. Auditors said the town did not “consider judiciously the appropriateness to proceed” with the calendar purchase when it was already late in the year.
“The items were delivered and accepted only on May 31, 2022, hence the pages for the months of January to May were already unusable and worthless,” COA said in the annual audit report of the town released recently.
COA said this raises doubt on the “propriety and practicability of the procurement” and resulted in the waste of government resources.
Cavalida said the purchase was processed late because of the pandemic and the town’s systems and processes normalized only at about the time when the transaction was initiated. He said there was already a purchase request and they had to process this.
Auditors who reviewed the documents said, however, that the winning supplier had a negative Net Financial Contracting Capacity (NFCC), which determines financial eligibility to undertake contracts.
“This deficiency is a clear manifestation that the post-qualification process of the procurement was not properly conducted,” COA said.
Cavalida said they will look into their processes and study the updating of supplier information for the computation of NFCC.
COA also called the town’s attention over the payment of P254,075 in Philhealth contributions of job order workers, who are not covered by this benefit due to the lack of an employer-employee relationship. Auditors said this was an “irregular expenditure.” Auditors said the payment was done via cash advances to the disbursing officer. When auditors reviewed the transaction, they found that “the contributions were not deducted from the salary of the JO workers, instead the payments were made from the Municipality’s money.”
COA said in the report that Alegria officials agreed to stop the practice.
The COA has called out the town of Algeria for irregularities in the purchase of calendars as well as paying out Philhealth contributions that should not have been paid.
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| https://www.philstar.com/headlines/2023/07/03/2278247/mmda-flagged-over-33-flood-control-projects |
The Commission on Audit (COA) has called out the Metropolitan Manila Development Authority (MMDA) over the delayed implementation of 33 projects amounting to P825.382 million, which are meant to address the perennial flooding in the metropolis.
In its 2022 annual audit report on MMDA, the COA noted that out of the 47 projects under the Metro Manila Flood Management Project Phase 1 (MMFMPP1) set to be implemented from 2018 to 2022, only 29.79 percent or 14 projects have been completed as of Dec. 31, 2022 while 33 remain pending.
The COA said that of the 33 pending projects, only four were ongoing while 29 have yet to start or were still up “for implementation” as of end-2022.
COA records showed that five of the pending flood control projects involve infrastructure, 19 pertain to procurement of goods and other services while nine pertain to consultancy services.
The audit body attributed the delays in the projects’ implementation to suppliers’ request for extension of deliveries; change in procurement specifications; delays in procurement activities; revision of contract cost or contract duration; non-compliance of consultants in the documentary requirements, and relocation of site or project re-design.
COA said that further analysis of MMFMPP1 also revealed that procurements “cannot be effectively conducted since there is no breakdown of projects/procurement that will tie-up to the total allocation per GAA (General Appropriations Act).”
“The foregoing observations indicate non-observance by the Agency of the conduct of early procurement activities. It also manifested the [MMDA] Project Management Office’s (PMO) inadequacy of strategies to strictly implement the planned programs/projects and closely monitor the project implementation,” the COA said.
“The Agency must expedite the implementation of programs and projects as this will also improve the quality of services rendered to the public,” it added.
Worse, the audit body said that because of the delayed implementation of the projects, the government has already incurred P27.426 million in commitment fees in relation to the loan component of MMFMPP1.
The COA has flagged the MMDA for delays in projects. The MMDA says it's due to the pandemic and election ban.
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| https://mb.com.ph/2023/7/4/coa-rebukes-boc-on-delayed-disposal-of-p567-m-abandoned-forfeited-goods |
The Commission on Audit (COA) has rebuked the Bureau of Customs (BOC) for the delays ranging from three days to 265 months in the disposal of abandoned or forfeited goods worth P567.265 million.
Because of the delays, the goods have become "foregone government revenues" given their perishable nature, COA said in its 2022 annual report.
The report stated that the BOC should have conducted better disposition of the abandoned and forfeited goods and should have crafted specific timelines to prevent further deterioration and decline of value.
"The absence of timelines on disposition and the inability of the Ports to conduct the necessary disposal proceedings resulted in the loss of government revenues representing proceeds of disposal or collection of assessed duties and taxes due from these cargoes, possible loss through theft and deterioration, additional storage fees, foregone government revenues and further contributes to port congestion due to overstaying containers and cargoes," the COA said.
It cited Section 1141 of Republic Act No. 10863, the Customs Modernization and Tariff Act, which provides guidelines on how to dispose of the seized goods and articles.
The COA has cited the BOC for not properly disposing items.
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| https://mb.com.ph/2023/7/5/village-chair-in-nueva-ecija-yields-unlicensed-guns |
Police seized illegal firearms and ammunition during the implementation of a search warrant against a barangay chairman here on Monday, July 3.
Gil Gamis, chairman of Barangay San Miguel, yielded an M16 rifle, carbine, rifle grenade, bullets, magazine assemblies, and a flare gun.
The search warrant was issued by Judge Frazierwin Villaflor Viterbo, executive judge, Regional Trial Court, Third Judicial Region, Branch 33, here, for violation of Republic Act 10591 (Comprehensive Law on Firearms and Ammunition).
The operation was witnessed by barangay officials.
“We have been continuously beefing up our aggressive drive to recover and to seize loose firearms through continuous police operations and implementation of search warrants against illegal gun owners,” Police Regional Office-3 Director Police Brig. Jose Hidalgo Jr. said.
A barangay chairman has turned over illegal weapons.
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| https://www.philstar.com/headlines/2023/07/04/2278583/acquittal-ruling-sc-scolds-law-enforcers-and-prosecutors-fumbling-drug-law-rules |
In acquitting two accused in a P1-billion shabu case, the Supreme Court reprimanded law enforcers and the prosecution for failing to handle evidence and trial against five Chinese nationals and one Filipino who had been tagged as members an alleged drug syndicate.
The SC en banc, in a decision penned February 21 but made public only recently, acquitted Filipino Robert Uy and Willie Gan — a Chinese national — on drug charges over prosecutors' failure to prove their guilt beyond reasonable doubt.
This was after the SC found that law enforcers and the prosecution disregarded the strict requirements of Section 21 of the Comprehensive Dangerous Drugs Act, which holds that three insulating witnesses are required in the inventory of drug cases. The high court has also laid down guidelines on the custody of drugs seized.
The SC said that acquitting Uy and Gan is “truly regrettable” as it stressed that law enforcers and the prosecution “must exercise more prudence and care in their compliance with the requirements of Section 21 of RA No. 9165.”
“The instant case reveals the law enforcement agents' complete ignorance of the requirements of Section 21 of R.A. No. 9165,” it said, adding that: “The utter disregard for the law demonstrated by these actors is reprehensible,” the court also said, while referring to police officers and the prosecution.
The SC rebukes the PNP and DOJ for not following proper procedures and being ignorant of the law.
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| https://www.pna.gov.ph/articles/1204992 |
A policeman and his alleged accomplice were arrested in an anti-smuggling entrapment operation in Zamboanga del Sur, a top police official said Wednesday.
Brig. Gen. Neil Alinsañgan, Police Regional Office (PRO) 9 (Zamboanga Peninsula) director, said Corporal Abdul Michael Ladja and his associate, Edward Charles Brown, were collared in an entrapment in Barangay Culo, Molave, Zamboanga del Sur on Tuesday.
Ladja, 36, is assigned to the Police Station 1 of the Zamboanga City Police Office while Brown, 28, is a resident of Barangay Baliwasan, this city.
“They were caught in the act selling smuggled cigarettes to a police officer who acted as poseur-buyer,” Alinsañgan said in a statement.
Seized from the two were 16 master cases of smuggled cigarettes worth PHP560,000, a .9-mm Glock pistol with ammunition, a sports utility vehicle, and the boodle money used in the entrapment.
The arrested suspects and the pieces of evidence were brought to the Criminal Investigation and Detection Group - Zamboanga del Sur field office for proper disposition.
“This accomplishment proves that PRO-9 does not tolerate erring police personnel,” Alinsañgan said.
A cop has been arrested for smuggling.
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| https://www.philstar.com/nation/2023/07/06/2279133/cop-killed-zamboanga-sibugay-shooting |
Two gunmen riding a motorcycle shot dead a policeman in broad daylight in Kabasalan town in Zamboanga Sibugay on Wednesday.
Chief Master Sgt. Ronald Sumamban died on the spot from two bullet wounds in the head.
In separate statements Thursday, the Zamboanga Sibugay Provincial Police Office and the Kabasalan Municipal Police Station said Sumamban was riding a motorcycle in Barangay Salipyasin when his attackers trailed behind him and shot him with .45 caliber pistols.
One of the two suspects took Sumamban’s service pistol from his holster before speeding away, according to witnesses.
It was unclear if the killing was related to Sumamban’s work as a policeman, although he was known for being tough in enforcing traffic regulations and related municipal ordinances.
A cop has been assassinated by unknown men for unknown reasons.
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| https://mb.com.ph/2023/7/6/retired-cop-shot-dead-in-pangasinan |
A retired policeman was shot dead by a former colleague on Wednesday night, July 5, in Sitio Inansuana, Barangay Lacap here.
Police identified the victim as Jimmy Bielza Alcaparas, 64.
Investigation said Alcaparas was driving his motorcycle on the barangay road when the suspect, Dario Rey Mamaril Bielza, 57, of Sitio Inansuana, blocked his path, triggering a heated argument during which Bielza shot the victim several times with a 9mm pistol.
Alcaparas died on the spot due to multiple bullet wounds while the suspect fled on board a car.
Suspect surrendered in a hot pursuit operation by the Alaminos police.
However, the murder weapon was not recovered.
A retired cop has been assassinated.
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| https://mb.com.ph/2023/7/6/at-nbi-first-suspect-s-illegal-sojourn-outside-detention-cell-now-sexy-dancer-in-command-conference |
In just two weeks, the National Bureau of Investigation (NBI) is again under probe by the Department of Justice (DOJ).
First, it was the leaving from the NBI detention cell of a suspect in criminal cases without a court order or on an emergency like medical needs.
Now, it was the performance of a “sexy dancer” during the NBI’s mid-year command conference at the Diamond Hotel in Manila last June 29 and 30.
Aside from the sexy dancer whose performance was recorded on video, there were allegedly other performers from the entertainment industry during the event.
Infuriated, Justice Secretary Jesus Crispin C. Remulla ordered an investigation.
“These are the forms of misbehavior that we don’t need in the country,” Remulla declared during a briefing with journalists.
“Definitely we do not want this to happen. We’ll investigate it also,” said Remulla who reported to the DOJ on Thursday, July 6, after undergoing a heart bypass operation during his 10-day wellness leave.
The NBI is being investigated by the DOJ for having sexy entertainers at a conference.
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| https://mb.com.ph/2023/7/6/coa-ppa-s-166-vehicles-unregistered-no-markings-no-gov-t-license-plates |
The Commission on Audit (COA) disclosed that the Philippine Ports Authority (PPA) has 166 motor vehicles valued at over P219 million but are not registered, do not bear the required markings, and do not have government license plates.
In its 2022 audit report, COA said that the unregistered vehicles do not have the “For Official Use Only” and “Philippine Ports Authority” markings.
It said the lack of markings violates COA Circular No. 75-6 dated Nov. 7, 1975 and PPA Memorandum Circular No. 06-2004 dated Feb. 6, 2004.
Both circulars provide that all motor vehicles owned by the government, its agencies and instrumentalities should be marked with "For Official Use Only" and should have government plates.
The PPA failed to comply, it said. When the audit team conducted an ocular inspection of motor vehicles at the Head Office and the Port Management Offices (PMOs), it discovered the 166 vehicles that are not registered under the name of PPA, most of which are not properly marked with "For Official Use Only" and the name "Philippine Ports Authority," it added.
COA also said that state auditors found that 13 motor vehicles valued at P15.5 million were registered under the PPA. However, it said, these vehicles did not have proper markings of "For Official Use Only" and the name "Philippine Ports Authority" and do not bear government plates.
"Non-compliance with the marking requirements and use of government plates may result in the unauthorized use of the agency's motor vehicles as absence of marking and government plates do not identify the vehicles as owned by the government," the COA said.
"Also, there were instances when the vehicles were delayed and/or apprehended due to implementation of number coding scheme in the National Capital Region (NCR) which marked government vehicles are exempted [from]," it added.
The COA has urged the PPA to expedite the registration of all motor vehicles not registered under the name of the PPA at the Head Office and PMOs.
It also said that the PPA should comply with the required markings and use of government plates for all motor vehicles, except for those assigned to the general manager, assistant general managers, and assistant to the general manager which should have security plates.
The Philippine Ports Authority has 166 cars not properly registered or marked.
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| https://news.abs-cbn.com/news/07/06/23/coa-warns-ppa-of-counterclaims-on-its-p73b-untitled-lands |
The Commission on Audit (COA) warned the Philippine Ports Authority that 3.925 million square meters of land and reclaimed land recorded in its books and valued at P73.548 billion remain untitled.
In the 2022 audit report on the PPA, state auditors said the parcels of land were not supported by Original Certificate of Titles or Transfer Certificate of Titles (O/TCT).
“Absence of the O/TCT to prove ownership exposes the land to counterclaim of ownership from third parties and renders the ownership of the land uncertain,” the audit team said.
The auditors said that land areas under Port Management Office National Capital Region (PMO NCR) South totaling 1.4 million square meters valued at P41.52 billion includes 606,74- square meter port area property valued at P10.92 billion.
The audit report noted that the land is also being claimed by the Government Service Insurance System and is recorded in its books of accounts at P17.2 billion pesos, which overstates the assets of the government as it is also recorded in the books of the PPA.
Parcels of land with a total area of 4,627 square meters covered under the South Harbor Expanded Port Zone with a book value of P166.58 million is also under dispute by the National Power Corporation.
The auditors recommended that the PPA expedite the submission of all the necessary documentation for the processing of the titles of the lands.
The PPA has billions of pesos worth of untitled lands.
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