Friday, August 16, 2024

Retards in the Government 378

It's your weekly compendium of foolishness and corruption in the Philippine government.

 

 

A Pampanga Court has found former Philippine Drug Enforcement Agency (PDEA) investigation agent Jonathan Morales guilty of perjury for lying under oath and giving false testimonies against two suspects linked to illegal drugs in 2011.

In an 11-page decision dated August 7, but made public on Thursday, the San Fernando, Pampanga Municipal Trial Court Branch 4 found Morales “guilty beyond reasonable doubt of the crime of perjury.”

Morales was a witness during the Senate investigation of the alleged leaked PDEA documents.

Morales has been sentenced to four months imprisonment and a fine of P1,000.

According to the decision, Morales “willfully and unlawfully gave false testimonies under oath” against the two suspects, Albert Co Chua and Aaron Tan.

It added that the former PDEA official told the court that the suspects “were liable for selling, delivering, transporting or distributing drugs, knowing fully well that the said testimony is false.”

However, Morales withdrew and retracted his affidavit against the two suspects after a few months, claiming that he was “under duress and only coerced by his superior” and that “his conscience could not take that someone innocent shall be punished for something they did not do.”

In response, the court said that “the element of duress should be based on real, imminent or reasonable fear for one’s life or limb and should not be speculative, fanciful or remote fear.”

In May this year, Morales linked President Ferdinand Marcos, Jr. and actress Maricel Soriano to illegal drugs.

During one of the Senate hearings on the leaked PDEA operational documents, Senator Jinggoy Estrada revealed that Morales also has an estafa case pending before the Metropolitan Trial Court (METC) in Pasig City and a slight physical injuries case pending before Pasig City METC Branch 72.

A former PDEA agent has been found guilty of perjury.

A jail guard of the New Bilibid Prison (NBP) in Muntinlupa City has been dismissed from the service after his arrest during an illegal drugs buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA) in Parañaque City.

Dismissed by Bureau of Corrections (BuCor) Director General Gregorio Pio P. Catapang Jr. was Corrections Officer 1 Paul Patrick O. Toledo who was assigned at the NBP's maximum-security compound.

Toledo was arrested together with Reynold Teodoro, a security guard, and Romeo T. Guerrero, a truck driver, in Skate Park, Bulungan, Paranaaque City.

Confiscated from them were 10 kilos of suspected shabu with a street value of P68 million, a pistol with eight live ammunitions, identification cards, official receipts, two cellphones, two wallets, one piece genuine P1,000 bill on top of bundles of boodle money used in buy bust operation, and two vehicles.

Catapang said that the arrest of Toledo only made BuCor strengthen its resolve to flush out and unmask corrections officers involved in illegal activities.

"As I said before, we will not condone misfits in our agency as we intensify our efforts to cleanse the bureau of misguided personnel who refuse to heed our call for them to mend their ways and change for the better," he said. 

A BuCor employee has been busted for drugs. 

https://newsinfo.inquirer.net/1971564/trc-execs-again-convicted-of-graft-over-pork-barrel-case

The Sandiganbayan has found two former executives of the defunct Technology Resource Center (TRC) guilty of graft and malversation of public funds for the unlawful transfer of around P20 million worth of pork barrel to three nongovernmental organizations (NGOs) in 2007.

Dennis Cunanan, who served as TRC deputy director general, was convicted on all four counts each of graft and malversation, while Maria Rosalinda Lacsamana, the agency’s program manager, was convicted on three counts each of graft and malversation.

Also convicted was Rolleo Ignacio, the executive director of Dr. Rodolfo A. Ignacio Sr. Foundation, Inc. (DRAISFI), one of the three NGOs tapped by TRC to carry out the proposed livelihood projects under the Priority Development Assistance Fund (PDAF) of former Manila Rep. Joey Hizon.

Hizon supposedly endorsed DRAISFI and another NGO, Magpakailanman Foundation Inc. (KMFI), to receive P5 million as project implementers.

The other NGO, Kabalikat sa Kalusugan at Kaunlaran Foundation Inc. (KKKFI), received a much bigger funding at P10 million.

According to the Aug. 8 decision by the antigraft court’s Second Division, the three NGOs did not go through proper accreditation required under Commission on Audit rules and the three NGOs did not implement the projects although they received the funds.

The Sandiganbayan pointed to Cunanan as the facilitator of the illegal transfer of Hizon’s PDAF by signing the disbursement vouchers.

The Sandiganbayan has found two former executives of the defunct Technology Resource Center guilty of graft and malversation of public funds for the unlawful transfer of around P20 million worth of pork barrel to three nongovernmental organizations in 2007.

Retired military comptroller Carlos Garcia is now legally compelled to pay a total of P407.8 million in fines for his conviction in 2022 of direct bribery and facilitating money laundering in connection with his illegal amassing of wealth amounting to P303 million when he was in the military from 1993 to 2004.

In a 15-page resolution promulgated on July 30, the Second Division of the anti-graft court Sandiganbayan has granted the motion of the prosecution panel of the Office to the Ombudsman to issue writs of execution in order to compel Garcia to pay fines amounting to P406.3 million for his conviction of direct bribery under Article 210 of the Revised Penal Code and P1.5 million for his conviction of facilitating money laundering under Section 4 (b) of Republic Act 9160 or the Anti-Money Laundering Law.

The court said the issuance of writs of execution was in order “to satisfy the judgement rendered in these cases.”

The court gave no weight to Garcia’s argument that his previous payment of P135.433 million in connection with a plea bargain agreement (PBA) with the ombudsman should have been considered in the computation of the fine.

“As discussed above, the amount of P135,433,387.84 surrendered to the Republic in accordance with the PBA was given by way of restitution for criminal acts and constitutes an admission of civil liability arising from the commission of a crime. As accused pleaded guilty to the crime of direct bribery, the Court is duty-bound to render the requisite penalty as dictated by law,” the Second Division said.

The court also found no merit in Garcia’s claim of insolvency or inability to pay as the government supposedly already forfeited all his assets and properties.

On July 5, 2022, the Second Division convicted Garcia of direct bribery and facilitating money laundering, after he pleaded guilty to cases in accordance with his plea bargain deal with the ombudsman.

The cases stemmed from Garcia’s alleged receipt of kickbacks, commissions and “shopping money or gratitude money” in several government projects or transactions when he was the deputy chief of staff for comptrollership of the Armed Forces of the Philippines with the rank of major general.

An investigation by the Senate Blue Ribbon committee also revealed Garcia was allowed to pocket some P165 million in “pabaon” or send-off money before his retirement in 2004.

Retired military comptroller Carlos Garcia is now legally compelled to pay a total of P407.8 million in fines for his conviction in 2022 of direct bribery and facilitating money laundering in connection with his illegal amassing of wealth amounting to P303 million when he was in the military from 1993 to 2004.

The barangay captain of Laquios in Arayat town in this province was killed by a rifle-wielding man inside the village hall on Sunday night, Aug. 11.

A police report obtained by the Inquirer showed that Norberto Lumbang, widely known in Arayat as Mel Lumbang, 57, was inside the village hall around 8:30 p.m. when a man carrying a long firearm shot the village chief several times in different parts of his body.

Lumbang, who was planning to run for vice mayor next year, died on the spot.

The gunman was among the four men on board a black Toyota Innova bearing plate number NAU 2713 who stopped in front of the village hall.

Investigators said that three men alighted from the vehicle. One of them went inside the village hall and shot the victim.

The suspect fled on board the same vehicle.

Arayat police issued a flash alarm against the suspects more than 30 minutes after the crime but failed to locate and arrest them.

A source said the Police Regional Office 3 ordered an investigation into the killing of Lumbang and to identify and arrest the assailant and his cohorts.

In his Facebook post on Monday, Arayat Councilor Ronald Venasquez expressed his grief over Lumbang’s murder.

Venasquez and Lumbang were planning to run for mayor and vice mayor, respectively, as teammates in the 2025 local elections.

Lumbang’s family, relatives, and supporters are demanding justice for the slain village chief. 

Another barangay captain has been assassinated. 

https://mb.com.ph/2024/8/12/criminal-admin-complaints-filed-vs-pasig-city-mayor-vico-sotto-2-other-city-officials

Criminal and administrative complaints have been filed against Pasig City Mayor Victor Ma. Regis "Vico" N. Sotto and two others before the Office of the Ombudsman (OMB) for allegedly giving a 100 percent tax discount to Converge ICT Solutions, Inc.

Complainant Ethelmart Austria Cruz asked the OMB to charge Mayor Sotto, together with Business Permit and Licensing Department (BPLD) head Melanie B. De Mesa and City Administrator Jeronimo U. Manzanero with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Section 4 Paragraphs (a) and (b) of RA 6713, the Code of Conduct and Ethical Standards for Public Employees.

Cruz also asked the OMB to hold them liable for the administrative offenses of grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service, and dishonesty.

The complaints stemmed from the reported misdeclaration of the internet and digital services provider Converge ICT Solutions, Inc. of its property and employees, since the firm declared in 2018 that its office space is only five square meters and that it had only four employees.

But the complaints stated that based on inspection reports of the BPLD dated July 18 and Sept. 19, 2022, it was learned that Converge had been misdeclaring the actual size of its office and the number of its employees. Converge actually has 1,901 employees and occupies four floors of office space with a total of 9,037.46 square meters, the complaints alleged.

The complaints claimed that BPLD then issued notices dated Aug. 18 and Sept. 8, 2022, and a Tax Order of Payment was issued on Oct. 18, 2022 requiring Converge to pay a total amount of P3,670,340.11 with a total surcharge of P447,106.77 and a total interest amount of P979,570.27 representing deficiencies in the payment of fees and licenses.

However, the complaints alleged that the Office of the Mayor sent a letter on Oct. 26, 2022 addressed to Solomon R. Joya, head of Work Premises and Fleet Management Group of Converge, granting the company 100 percent discount on the penalties. This letter essentially removed all the tax penalties due to the city government of Pasig, the complaints also claimed.

Cruz alleged that the circumstances surrounding the approval of the tax discount in favor of Converge constitutes unwarranted benefits, and Sotto and the other respondents were accused of patently showing preference to the company in the discharge of their duties.

Cruz added that Sotto's authority only extended to the grant of a deduction from Converge's amount of obligation, and he and the other respondents were only authorized to compromise 75 percent of a delinquent taxpayer's assessment based on Section 359 of Ordinance 51.

The complainant said the ordinance states that the city mayor or city treasurer or their duly authorized representative are authorized to enter into a Compromise Agreement with delinquent taxpayer provided at least 25 percent of the total delinquency including interest, surcharges, and penalties are to be paid on the date of the execution of the Compromise Agreement.

But in this case, Cruz alleged that Converge was granted 100 percent discount and, thus, Mayor Sotto and the other Cruz said that Sotto and the others' actions "should be seen for what it is, a blatant support to a private company's fraudulent acts against the local government."

"Clearly, respondent Mayor Sotto illegally went beyond his authority as he does not have the authority to grant a full waiver of penalties, but may only grant discounts on the surcharges and penalties," Cruz alleged.

"In fine, respondent Mayor Sotto, in connivance with the other respondents connived to reward an erring company - instead of being punished for its fraudulent acts, the respondents deemed it proper to grant additional benefits to Converge, in the process of defying logic, and violating the law which they themselves swore to uphold," she further alleged. 

Criminal and administrative complaints have been filed against Pasig City Mayor Victor Ma. Regis "Vico" N. Sotto and two others before the Office of the Ombudsman for allegedly giving a 100 percent tax discount to Converge ICT Solutions, Inc.

The home of a municipal councilor of Lobo, Batangas in Barangay Malibayo, this city, was fired at by a drunken individual on Sunday night, August 11.

Police said Councilor Leslee Manalo Aguilar was inside his house with his family when the suspect, Joven, a resident of Barangay Malibayo, arrived.

Joven, armed with a long firearm, fired at the victim’s residence.

Aguilar approached the victim but he pointed the gun and threatened to kill his family.

The incident caused a commotion in the area, prompting the victim to flee.

Joven is now the subject of a police manhunt and faces appropriate charges.

A drunk man shot at the home of a city councilor. 

https://www.philstar.com/nation/2024/08/13/2377432/cop-faces-raps-fatal-friendly-fire

Charges have been filed against a policeman tagged in the accidental shooting of his fellow officers during a rescue operation for kidnap victims in Angeles, Pampanga, the Philippine National Police (PNP) said yesterday.

At a briefing at Camp Crame yesterday, PNP spokesperson Col. Jean Fajardo confirmed the death was the result of “friendly fire.”

Investigation showed the fatal shot was fired during a clearing operation at the kidnappers’ hideout.

The policeman, a patrolman, was part of the team and mistakenly fired his weapon when he spotted a gun pointed in his direction.

“The bullet struck (Eden) Accad first, exited his body and hit (Nelson) Santiago in the chest, causing fatal injuries,” Fajardo said.

According to the autopsy report, Santiago died from a gunshot to the chest, which damaged his lungs and aorta.

The patrolman owned up to the shooting and surrendered his firearm. He is currently detained at the facility of the PNP Anti-Kidnapping Group.

Although the shooting was accidental, Fajardo said the officer must still face the consequences of his actions.

PNP chief Gen. Rommel Francisco Marbil ordered a thorough review of the operation, including the equipment used and the lack of bulletproof vests for Santiago and Accad.

The PNP-Internal Affairs Service (IAS) conduct its own investigation of the incident.

Inspector General Brigido Dulay said the IAS initiated its own probe as it involves a fatality and an injury among the PNP ranks during a legitimate police operation.

A cop has been charged over the accidental killing of his colleague. 

https://www.philstar.com/nation/2024/08/12/2377378/pangasinan-town-mayor-slaps-provincial-videographer-during-tense-issuance-90-day-suspension

Urdaneta City, Pangasinan Mayor Julio Parayno III is in double trouble after he reportedly slapped a provincial government-paid videographer Monday morning when his 90-day preventive suspension was being served him at his office.

Pangasinan police said Parayno was apparently irked when videographer Jairus Bien Sibayan, 28, a staff of the Pangasinan Information and Media Relation Office, kept on documenting the exchange of arguments between him and lawyer Ronn Dale Beltran Castillo, 31, Executive Assistant of Pangasinan Gov. Ramon Guico III, who was serving the town mayor’s suspension order.

Not content with slapping Sibayan’s right face, Parayno reportedly captured Sibayan’s camera and took its SD card.

Policemen pacified the commotion, brought Sibayan for medical examination at the Urdaneta District Hospital and then to the Urdaneta City police statio, accompanied by lawyer Castillo for investigation procedures prior to filing of formal charges.

Dhobie de Guzman, a former television journalist, who now heads the Provincial Information and Media Relation Office of Pangasinan condemned the act of Parayno III, insisting his staff was only performing a task given him as a documentor.   

Efforts to reach out to Parayno for his comment has remained futile.

Parayno’s 90-day suspension came after the Anti-Red Tape Authority (ARTA) found him violating the Republic Act 11032 or the Ease of Doing Business law when he refused to issue a business permit to REVM Tiposu Poultry Farm Inc. in 2021.

The business entity’s representatives complained against Parayno and Urdaneta City’s Business Processing and Licensing Office head Ronaldo San Juan at the ARTA in 2021 questioning why the local government had refused their business license application despite complying with requirements.

The ARTA’s findings reached the Sangguniang Panlalawigan and on August 5 adopted the report of the Pangasinan SP Committee on Good Government endorsing Parayno’s suspension. 

Guico signed Parayno suspension order last August 8.

Urdaneta City, Pangasinan Mayor Julio Parayno III is in double trouble after he reportedly slapped a provincial government-paid videographer Monday morning when his 90-day preventive suspension was being served him at his office.

https://www.pna.gov.ph/articles/1231093

The Office of the Ombudsman has ordered the dismissal from service of suspended Bamban, Tarlac Mayor Alice Guo for grave misconduct.

In an order dated Aug. 12, the Ombudsman also ordered the forfeiture of Guo’s retirement benefits and perpetually banned her from holding public office.

Guo’s involvement in operations of raided Philippine Offshore Gaming Operators (POGO) in her area bared a “willful intent on her part to violate the law or disregard established rules,” the anti-graft office said.

“The series of acts are interconnected, leaving no other conclusion than that they were committed by Guo with ulterior motive or self-interest.”

Meanwhile, government lawyers said they may opt to pursue the quo warranto case they had already filed against Guo.

"The quo warranto petition will proceed for two reasons: Mayor Alice Guo may still appeal the OMB (Ombudsman) dismissal order. The quo warranto petition, if successful, will make Guo Hua Ping (a.k.a. Alice Guo) ineligible to run for any elective public position in the future," Solicitor General Menardo Guevarra said in a message to reporters.

Meanwhile, the Ombudsman also found 12 other Bamban officials guilty of conduct prejudicial to the best interest of service and were ordered suspended for three months.

They are Vice Mayor Leonardo Anunciacion, business permit and licensing officer Edwin Ocampo, Adenn Sigua, Johny Sales, Jayson Galang, Nikko Ballio, Ernesto Salting, Jose Salting Jr., Robin Mangiliman, Jose Aguilar, Mary Lacsamana and Rainier Rivera.

The Office of the Ombudsman has ordered the dismissal from service of suspended Bamban, Tarlac Mayor Alice Guo for grave misconduct and 12 other officials have been found guilty of conduct prejudicial to the best interest of service and were ordered suspended for three months.

https://www.philstar.com/headlines/2024/08/14/2377825/bir-files-tax-evasion-raps-vs-alice-guo

The Bureau of Internal Revenue (BIR) on Wednesday filed tax evasion complaints against dismissed Bamban, Tarlac Mayor Alice Guo and two other individuals allegedly linked to the Baofu Land Development Inc. 

The tax bureau's complaint stemmed from the dismissed mayor's transfer of her shares in Baofu, the property developer that owns the land where Hongsheng Gaming and Zun Yuan Technology Inc. are located, to Jack Uy, a co-accused in the case.

According to tax commissioner Romero Lumagui Jr., Guo did not file or pay the capital gains tax and documentary stamp tax worth P500,000 in connection to this transfer. 

“The tax is low because the value of the shares she claimed to have sold is small, amounting to only around P500,000.,” Lumagui said in Filipino, during an ambush interview with reporters. 

“It's in the law, that before you transfer shares and corporate books and report to the SEC, the taxes must first be paid,” he added.

This is the second case lodged against the embattled suspended mayor before the Department of Justice. Guo is also facing a non-bailable trafficking in persons complaint before the agency. 

Aside from Guo and Uy, Baofu corporate secretary Rachelle Carreon Is also included in the respondents. 

Guo, Uy and Carreon will be facing the following violations of the National Internal Revenue Code:

  • Section 254 - Attempt to evade or defeat tax
  • Section 255- Failure to file capital tax gains and documentary stamp tax

Dismissed Mayor Alice Guo has been charged with tax evasion. 

https://www.philstar.com/headlines/2024/08/15/2378029/farmers-file-raps-vs-tariff-officials-over-eo-62

Farmers’ groups yesterday filed at the Office of the Ombudsman charges of grave misconduct and gross abuse of authority against officials of the Tariff Commission in connection with the issuance of Executive Order 62, which lowered tariff on imported rice and other agricultural commodities.

Among those charged before the anti-graft body were Tariff Commission Chair Marilou Mendoza and Commissioners Ernesto Albano and Marcosa Paderon.

In a 24-page complaint, petitioners Samahang Industriya ng Agrikultura chair Rosendo So, Federation of Free Farmers (FFF) national manager Raul Montemayor, United Broiler Raisers Association president Elias Jose Inciong and Magsasaka party-list head Argel Joseph Cabatbat pushed for the dismissal of the three respondents from government service.

“The Tariff Commission committed grave misconduct and gross abuse of authority when it miserably failed to conduct consultations, hearings and investigation and proceeded to recommend the reduction of the rice tariff to 15 percent through Executive Order 62 which violates the limitations, conditions set forth in the flexible clause of Republic Act 10863 or Customs Modernization and Tariff Act,” the petition read.

President Marcos approved the comprehensive tariff program aimed at calibrating the current tariff rates of agricultural products until 2028, which includes tariff reduction of rice from 35 percent to 15 percent.

“Such news and statement from the National Economic and Development Authority Secretary (Arsenio) Balisacan shocked us as we were never informed, nor were we ever called for an investigation by the Tariff Commission about the reduction of the rice tariff,” the petitioners said.

The farmers’ groups added that EO 62 invoked the flexible clause of RA 10863 but it is the same law that was violated by the respondents when the executive order was hastily issued without due process.

Farmers’ groups yesterday filed at the Office of the Ombudsman charges of grave misconduct and gross abuse of authority against officials of the Tariff Commission in connection with the issuance of Executive Order 62, which lowered tariff on imported rice and other agricultural commodities.

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