It's your weekly compendium of foolishness and corruption in the Philippine government.
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| https://www.philstar.com/headlines/2024/07/15/2370348/rep-france-castro-satur-ocampo-guilty-endangering-minors-court |
A court in Davao del Norte has found Rep. France Castro (ACT Teachers party-list) and former Rep. Satur Ocampo (Bayan Muna party-list) guilty of endangering minors in 2018, sentencing them to up to six years in prison.
In a 26-page decision promulgated on Monday, the Tagum City Regional Trial Court's Brand 2 convicted Castro, Ocampo and 11 others for violation of Section 10a of Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
Castro and Ocampo were sentenced to four to six years and ordered to pay P10,000 as civil indemnity and P10,000 as moral damages to each of the 14 minors involved. The amount would also grow with an interest rate of 6% per annum until full payment.
Castro and Ocampo’s co-accused are Ma. Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Talledo, Ma. Concepcion Ibarra, Nerfa Awing, Wingwing Daunsay
The other respondents, namely Edgar Ugal, Ryan Magpayo, Eller Ordeniza and Jurie Jaime, were acquitted.
The decision can still be appealed through a motion for reconsideration in the same court.
The case stemmed from the accused's participation in a November 2018 mission which, they argued, aimed to rescue to Lumad schools and teachers from a food blockade and forcible closure of the school by a paramilitary group in Talaingod, Davao del Norte.
In its ruling, however, the court said Castro, Ocampo and their co-accused endangered the children by taking them on a "dark and unsecured road" where they walked for hours, risking potential harm from either government troops or communist New People's Army guerrillas operating in the area.
“The acts of the accused clearly show that they failed to take necessary precaution to safeguard the safety and well-being of the children when they transported the Lumad learners from Sitio Dulyan to Tagum City,” it added.
It also found no valid justification for the group to take the minor students out of the Sitio Dulyan campus. "Upon review of the records, it is worthy to stress that the tribal leaders of the communities only demanded the teachers to leave the school as their services are no longer needed," the decision read.
A court in Davao del Norte has found Rep. France Castro and former Rep. Satur Ocampo guilty of endangering minors in 2018, sentencing them to up to six years in prison.
A former kagawad in Brgy. Tagjaguimit in Naga City, Cebu spent the night in jail after he allegedly mauled his son, who is the barangay’s Sangguniang Kabataan (SK) chairman, and caused commotion during a barangay activity Sunday night, July 14.
In a report, the Naga City police said that SK Chairman Redgie Requinto, 22, was attending the SK Summer League that was held at the barangay’s covered court when his father, Carmilo, arrived.
Carmilo, who appeared to be drunk, allegedly mauled Redgie in front of the Summer League participants. He then started screaming and uttering unpleasant words.
To put an end to what his father was doing, Redgie called for police assistance.
Barangay personnel also helped the police pacify and later on arrest Carmilo, 44.
The police said that Carmilo was brought to the custodial facility of the Naga City Police Station for detention.
On the other hand, Redgie was brought to the Naga City Infirmary for medical checkup to support complaints for slight physical injuries and alarm and scandal that the police prepared for filing against his father.
But Redgie later on signified that he will no longer pursue charges against his father, who was released from police custody on Monday, Police Staff Sergeant Crispin Amaquiton of the Naga City Police Station said.
A former barangay chairman spent the night in jail after yelling at and mauling his son who is a current SK chairman.
Two police personnel involved in a buy-bust operation in San Juan, Batangas which resulted in the death of a drug suspect admitted that the shabu and gun used as evidence were planted.
Bryan Laresma, 33, was killed on the evening of May 28 during a buy-bust operation in Barangay Lipahan.
During the hearing of House committee in public order and safety, Police Sergeant Michie Perez of the San Juan Municipal Police Station initially claimed that she shot Laresma since the drug suspect fired his gun first.
Perez further said that she acquired more than 4 grams of shabu from Laresma.
The hearing revealed that Laresma was shot in the rear part of his leg, making Perez's claim questionable.
Laresma’s brother earlier said the former was waiting for him under the bridge to hand over money to purchase a rechargeable fan when the police arrived.
The Batangas Police Provincial Office also found irregularities in the conduct of the buy-bust operation, leading to the administrative relief of the eight police officers.
Due to time constraints, Perez was denied of her request for an executive session.
She said she will instead submit a new affidavit as there were lapses in her previous statement on their operation.
She then confirmed that the buy-bust operation and exchange of gunshots with Laresma did not happen.
She also confirmed that Laresma did not have any gun with him when the supposed encounter happened.
Meanwhile, Police Major Sgt. Juan Macaraig, also of the San Juan Municipal Police, revealed that Perez planted the shabu and gun under the bridge where Laresma was killed.
He also confirmed that there was no buy-bust operation.
Before the hearing was suspended, Perez and Macaraig were asked to submit an affidavit of their new claims
Two police personnel involved in a buy-bust operation in San Juan, Batangas which resulted in the death of a drug suspect admitted that the shabu and gun used as evidence were planted.
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| https://mb.com.ph/2024/7/16/graft-malversation-charges-filed-vs-caloocan-city-rep-malapitan-5-others |
Criminal complaints for graft and malversation of public funds were filed against Caloocan City 1st District Rep. Oscar "Oca" M. Malapitan, five former officials of the Department of Social Welfare and Development (DSWD), and a private individual before the Office of the Ombudsman (OMB) for alleged misuse of the legislator's priority development assistance fund (PDAF) from 2007 to 2009.
Aside from Malapitan, also charged were former DSWD secretary Esperanza I. Cabral, undersecretary for General Administration and Support Services Group (GASSG) Mateo G. Montaño, assistant secretary for Institutional Development Group (IDP) Vilma B. Cabrera, director III of the Program Management Bureau Pacita D. Sarino, and chief accountant Leonila M. Hayahay, and private individual Cenon M. Mayor.
The complaints against them were filed by former Caloocan City mayor Reynaldo O. Malonzo on Tuesday, July 16. Malonzo told the OMB that the respondents used Malapitan's PDAF "indiscriminately in violation of the pertinent laws, rules, and regulations."
None of those named respondents in the charges could be contacted for comment as of posting.
Malonzo in his complaint-affidavit alleged: "Funds through the use of PDAF are missing and have unjustly enriched these people at the expense of the poor, vulnerable, and disadvantaged people of Caloocan City. We cannot sleep soundly at night while the thieves and criminals roam the City of Caloocan and are actually in the guise of public service with their hands dipping into the government coffers."
He accused Malapitan of committing the "delictual act" of endorsing and personally identifying Kalookan Assistance Council, Inc. (KACI), through its president Mayor, to be his conduit in implementing projects using his PDAF.
But, he alleged that KACI was not eligible for any PDAF transfer from the DSWD because it has unliquidated cash advances for the years 2006 and 2007.
Cabral was accused of signing the memorandum of agreement (MOA) with KACI even though the non-government organization (NGO) was not qualified for the fund transfer, while Montaño allegedly failed to require the needed endorsement from the Standards Bureau before processing the fund transfer to KACI.
Montano allegedly approved the release of P8 million and P3 million despite KACI's reported failure to liquidate its previous cash advances in the total amount of P23,100,000 incurred from 2006 to 2007.
Sarino, on the other hand, was allegedly responsible for certifying the completeness of the project.
However, Malonzo claimed that Sarino accepted the accomplishment and liquidations of KACI to be in order despite not being so.
Hayahay, for his part, allegedly certified all the disbursement vouchers involved in the PDAF transactions, which enabled the fund release to KACI.
Malonzo asked the OMB to hold all the respondents liable for violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code on malversation of public funds.
In the case of Mayor, Malonzo asked the OMB to charge the former with malversation of public funds in relation to Article 172(2) of the RPC on falsification of of public documents.
Criminal complaints for graft and malversation of public funds were filed against Caloocan City 1st District Rep. Oscar "Oca" M. Malapitan, five former officials of the Department of Social Welfare and Development, and a private individual before the Office of the Ombudsman for alleged misuse of the legislator's priority development assistance fund from 2007 to 2009.
The Court of Appeals (CA) has ordered the National Solid Waste Management Commission (NSWMC) to come up with a list of products deemed harmful to the environment within six months, in line with its mandate under the Ecological Solid Waste Management Act enacted over two decades ago.
In a 44-page decision dated July 9, the CA’s Former Tenth Division Special Division of Five granted the privileges of the writs of kalikasan and continuing mandamus to more than 50 environmental groups and individuals, particularly, their prayer to compel the commission and its member agencies to formulate a list of nonenvironmentally acceptable products (NEAP).
“We cannot emphasize enough that it has been more than 20 years since RA 9003 was passed. Children born when the law was passed were already eligible to vote in the last general election … Respondents, particularly NSWMC, cannot be allowed to continue to drag their feet in complying with their statutory duty,” the appeals court said in the ruling penned by Associate Justice Ruben Reynaldo Roxas.
In addition to formulating a NEAP list, the CA also ordered the commission to submit annual reports on the status of the implementation of the list.
The case stemmed from the Supreme Court’s 2021 decision to grant the petition for a writ of kalikasan and continuing mandamus filed by more than 50 environmental groups and advocates against the government for its alleged failure to address the plastic pollution problem in the country.
The high court referred the case to the CA for acceptance of the respondents’ submissions, hearing and rendition of judgment on whether the petitioners, led by Oceana Philippines, are entitled to the privileges of the court orders.
A writ of kalikasan is a special legal order to stop harmful environmental actions or to enforce protective measures. A continuing mandamus, on the other hand, is a court order in environmental cases that requires an agency to carry out specific actions until a final judgment is fully implemented.
In siding with the petitioners, the CA said the requisites for the issuance of both writs were met, particularly the presence of an actual or threatened violation of the constitutional right to a balanced and healthful ecology due to the NSWMC’s failure to comply with its duties under RA 9003.
Even if several resolutions were issued as preparatory actions to releasing the NEAP, the appeals court said they still fell short of the law’s requirement.
“[It] baffles the Court how, for more than 20 years, respondents refused to come up with a NEAP list when they admit that they have already identified several plastic items as NEAP,” the CA said.
The court added that the NSWMC’s failure to come up with the list could lead to “environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.”
“As prefaced in this decision, there is no doubt that NEAPs, among other solid and hazardous wastes, pose a threat to the environment. The danger that NEAP poses is sufficiently grave, and its territorial scope reaches all corners of our nation,” it said.
While the CA granted the privileges of the two legal remedies to the petitioners, it said it could not grant their prayer to prohibit the production and use of disposable plastics and other similar products, as the NSWMC needs to submit a list of NEAP first.
The Court of Appeals has ordered the National Solid Waste Management Commission to come up with a list of products deemed harmful to the environment within six months, in line with its mandate under the Ecological Solid Waste Management Act enacted over two decades ago.
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| https://mb.com.ph/2024/7/17/pnp-ias-6-256-cops-penalized-for-various-offenses-under-pbbm-administration |
More than 6,200 policemen were charged and convicted for various offenses in the continuing internal cleansing in the Philippine National Police (PNP) under the Marcos administration, the Internal Affairs Service (IAS) said on Wednesday, July 17.
Of the total of 6,256 policemen slapped with administrative charges from July 2022 to date, IAS Inspector General Brigido Dulay said 527 of them were dismissed from the service while 260 of them were demoted.
A total of 1,418 of them were suspended.
“The whole of the administration of President Marcos, we have had a total of 6,256 convictions against PNP personnel ranging from conduct unbecoming of a police officer all the way to grave misconduct,” said Dulay.
From January 1 to date, Dulay said a total of 2,591 were charged, the figure included in the more than 6,500 cops charged since July 2022.
He said 47 of them were dismissed this year, 20 were demoted while 140 were suspended.
The highest ranking officer penalized, according to Dulay, is a Colonel.
He then advised all policemen to follow both the rule of law and police operational procedures in order to spare themselves from trouble.
“We have rules that must be followed, this has long been the policy of the PNP. They just have to follow these rules because it is really hard to be charged with administrative charges,” said Dulay.
“This is part of the reform process. The cleansing process is continuing and ongoing. This serves as a message that the IAS will run after those who would violate the law,” he added.
More than 6,200 policemen were charged and convicted for various offenses in the continuing internal cleansing in the Philippine National Police under the Marcos administration.
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