Friday, October 11, 2024

Retards in the Government 386

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

 

https://cebudailynews.inquirer.net/598420/mandaue-mayor-dismissed-from-office-for-grave-misconduct-ombud

Mandaue City Mayor Jonas Cortes has been found guilty of grave misconduct and is meted the penalty of dismissal from the office by Office of the Ombudsman.

The complaint is anchored on the alleged act of Cortes for allowing the continuous operation from 2020 to 2022 of SUPREA Phils. Development Corp, a batching plant of concrete mix cement located in Sitio San Jose 1, Circumferential Road, Barangay Labogon, Mandaue City.

This despite the alleged lack of the required business permit, sanitary permit and clearance.

In a Facebook post, suspended Mayor Jonas Cortes, said that the Ombudsman’s case and decision came as no surprise. Cortes also accused his opponent as the one behind the decision.

(We really know that our opponent has used their connections and power at their disposal. But let me assure you just as we have faced challenges before, we will not back down.)

Cortes said that they would exhaust all legal remedies to appeal the decision. 

(Because it is not just me, it is about the trust you have placed in me, and I will defend that trust with all that I have. Mandaue has always remained as one city who rise together and I know deep in heart that we will overcome this storm successfully.)

(I plead to you to continue to fight with me and support me while we stand on solid ground because justice and truth is on our side. Together we will move forward no matter what.)

The Office of the Ombudsman’s decision to dismiss Mayor Cortes from office came as he was serving his one year suspension for allegedly appointing an unqualified officer-in-charge at the City Social Welfare and Services.

His suspension started last August 2024.

Meanwhile, the Ombudsman decision against Cortes, which was dated September 12, 2024, said that with the mayor allowing the continued operation of SUPREA Phils., its operation allegedly posed health risk and disturbances to those who lived close to the plant.

However, the decision said that Cortes allegedly refused to issue a cease and desist order against SUPREA Phils. and allowed the batching plan to continue to operate.

The Ombudsman said that as a mayor, the regulation and monitoring of the operations of SUPREA involved the very functions that respondents ought to discharge by virtue of his office. 

“He has a duty to act, but he deliberately chose not to act,” said the Ombudsman in the decision.

Cortes only allegedly issued the so-called mission order for the Mandaue City Environment and Natural Resources Office on March 11, to conduct an inspection of the activities of SUPREA.

“While it may be true that the team continued with its surveilance in 2022, this only concerned environmemtal factors. At the outset, the surveillance is not the action required when the irregularity involved the absence of permits and clearances,” the decision read.

The Ombudsman added that the conduct of inspection, imposition of penalties, and implementation of mitigating and preventive measures are not sufficient to address the plight of the affected residents of Barangay Labogon.

“Such misconduct is clearly demonstarted when respondent allowed its operation in 2020 until 2022 without a business permit and the required sanitary permit and environmental clearance and refused to immediately act on the reccommendations of the MCENRO as early as 2020,” it added.

The Ombudsman noted that while SUPREA was issued an Environmental Compliance Certificate on April 26, 2019, the requirements of permits and clearances could not be dispensed with as stated by the DENR Regional Director William P. Cuñado in his letter addressed to SUPREA. 

“This certificate does not create any right nor be used as an authorization to implement the project. Hence, you are hereby to secure the necessary permits,” part of the letter of Cuñado said.

The plant should have to secure a notice to proceed prior to project implementation of which it would require all the necessary permits from government agencies.

Lastly, the Ombudsman added that Cortes had been found guilty of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service in the case of Monsanto vs Cortes, OMB-V-A-SEPT-23-0221.

In the said case, the penalty imposed was mitigated from dismissal from service to supension from the service for one year. 

“In view of the outcome of the said administrative case, the office is now constrained to impose against Cortes the maximum penalty of Dismissal from the Service,” said Ombudsman in its decision.

The Ombudsman also said that in the event that the penalty of dismissal could no longer be enforced due to respondent’s separation from the service, the same should be converted into a fine equivalent to respondent’s salary for one year.

According to the decision of the Ombudsman, this can be payable to the Office of the Ombudsman, and may be deductible from respondent’s accrued leave credits or any receivables from his office. 

It shall be understood that the accessory penalties attached to the principal penalty of dismissal shall continue to be imposed.

Mandaue City Mayor Jonas Cortes has been found guilty of grave misconduct and is meted the penalty of dismissal from the office by Office of the Ombudsman.

Preventively suspended Cebu City Mayor Michael Rama has been permanently disqualified from holding any government position after the Office of the Ombudsman found him guilty of nepotism and grave misconduct.

In an order dated September 9, 2024, and obtained by media on Thursday, October 3, the Ombudsman ruled that Rama’s acts of nepotism, specifically the hiring of his wife’s two brothers as casual employees in City Hall, violated multiple provisions of the Civil Service rules.

The ruling includes his dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, except accrued leave credits, and permanent disqualification from government reemployment.

Although the order is still not final and executory and is open for appeal, Rama said he has yet to receive an official copy of the Ombudsman’s order. When asked for comment, he declined, citing the absence of any formal notification.

The decision stemmed from a complaint filed in January 2023 by Jonel Saceda, also known as “Inday Josa Chiongbian Osmeña,” who accused Michael Rama of appointing his brothers-in-law, Elmer and Gomer Mandanat, to positions under the Office of the Mayor and the Cebu City Medical Center.

Both brothers, siblings of Rama’s second wife, Marilou Gimenez Mandanat-Rama, were employed as casual employees between January 2022 and December 2022.

The Ombudsman stated that these appointments were “prohibited nepotistic appointments” under existing civil service regulations.

Nepotism rules, which apply to both career and non-career service, prohibit the appointment of relatives within the third degree of consanguinity or affinity, a relationship that includes the mayor’s in-laws.

In the ruling, the Ombudsman emphasized that the penalty for such offenses not only includes dismissal but also perpetual disqualification from holding any government office in the future.

If dismissal cannot be enforced due to Michael Rama’s separation from service, the penalty will be converted into a fine equivalent to his one-year salary.

The Ombudsman’s ruling came as a bitter turn of events for Partido Barug Team Rama, led by the suspended Michael Rama, who filed their Certificates of Candidacy (COC) today for the upcoming elections.

Preventively suspended Cebu City Mayor Michael Rama has been permanently disqualified from holding any government position after the Office of the Ombudsman found him guilty of nepotism and grave misconduct.

Land Transportation Office (LTO) chief Vigor D. Mendoza II has ordered the relief of the agency’s district office head in Bustos, Bulacan following a successful anti-fixing operation last week.

Sacked was Carlito Calingo, who was collared by agents of the National Bureau of Investigation along with an alleged fixer during an entrapment operation on Sept. 24 at the LTO Bustos District Office.

“Mr. Calingo was relieved from his post effective October 1,” said Mendoza, adding that he will be replaced by his deputy, Rachel Farin. 

The NBI agents conducted the entrapment after receiving reports of the operation of fixers in Bustos.

As soon as the alleged fixer was arrested after receiving the money, Calingo was also invited for questioning.

Calingo was later charged by the NBI.

Mendoza said he has been warning LTO personnel to refrain from conniving with and tolerating the operation of fixers in their respective areas since he assumed the top post of the LTO in July 2023.

Aside from Calingo, Mendoza disclosed that two more district office chiefs are under investigation in connection with the aggressive operation against fixers.

“Once we establish sufficient pieces of evidence against him, we will not hesitate to file the necessary charges against them,” Mendoza.

Land Transportation Office chief Vigor D. Mendoza II has ordered the relief of the agency’s district office head in Bustos, Bulacan following a successful anti-fixing operation last week.

The Office of the Ombudsman suspended Palompon, Leyte Mayor Ramon Oñate for one year without pay after the Ombudsman found him guilty of conduct prejudicial to the best interest of the service and simple neglect of duty.

This was based on the 25-page decision, dated September 25, 2024, signed and approved by Ombudsman Samuel Martires.

Henry Encarnacion filed the complaint against the mayor on October 23, 2023.

In a statement, Oñate described the decision as a political harassment under the guise of “lawful” order.

“The decision dated September 10, 2024 which was approved on September 24, 2024 in OMB-C-A-NOV-23-0114 with the 1st endorsement  last September 26, 2024 is nothing but a mere stash of political harassment. It should be noted that during the clarificatory hearing last May 27, 2024 via Zoom platform, the complainant failed to attend the said hearing,” Oñate said in a statement.

He added that there was no objective clarificatory deliberation conducted over the complaint.

The complaint stemmed after the complainant alleged that the mayor abused his position to favor DBSN Farms Agriventure Corporation, a poultry business owned by Oñate and his family.

DBSN Farms allegedly operates partially inside and in the immediate boundary of a protected area, the Palompon Watershed and Forest Reserve.

Aside from Oñate, also included in the case as a respondent were Isagani Arboleda Jaena, and Raoul Toting Bacalla, Terence Seco Osmeña.

In the decision, only the mayor was administratively charged with grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

The complainant alleged that Oñate converted a Certificate of Land Ownership Award (CLOA) lot under Republic Act No. 6657, or the Comprehensive Land Reform Act, without the required conversion order by the Department of Agrarian Reform.

DBSN thereafter erected on this lot, the poultry buildings used in its ongoing chicken breeder farm operations.

Furthermore, the mayor allegedly failed to act on numerous complaints regarding the foul order at his DBSN dressing plant in Albuera, Leyte.

The Office of the Ombudsman suspended Palompon, Leyte Mayor Ramon Oñate for one year without pay after the Ombudsman found him guilty of conduct prejudicial to the best interest of the service and simple neglect of duty.

A provincial board member of Bulacan and his driver were shot and killed by a lone gunman as their vehicle was stuck in traffic in Barangay Ligas here on Thursday night.

Police reports said Board Member Ramilito Capistrano was on his way home after attending a provincial board session at the capitol when the gunman fired at the vehicle’s windshield at 6:30 p.m. The 56-year-old Capistrano, who was in the front passenger seat of his Mitsubishi Montero, served as barangay chair of Caingin in San Rafael town and sat in the provincial board as federation president of the Bulacan Association of Barangay Captains.

Capistrano and his driver, Shedrick Suarez, 27, died instantly from multiple bullet wounds.

In a statement on Friday, Police Brig. Gen. Redrico Maranan, Central Luzon regional police director, said he had ordered the creation of a special investigation task group to lead the probe of Capistrano’s murder.

“We are thoroughly exploring all angles to determine possible motives. Every available resource will be utilized to get to the bottom of this tragic event, and we are currently gathering evidence that will lead to the identification of the perpetrators,” Maranan said.

Investigators said over 20 of the more than 30 bullet holes were found on the passenger side of Capistrano’s vehicle. Crime scene investigators recovered several 9mm shell casings at the site.

Two staff members accompanying Capistrano managed to escape by jumping out of the vehicle, police said.

Maranan assured the public and the victims’ families of a “swift resolution” of the case.

“While all cases are treated with utmost importance, this particular incident will be given top priority due to the involvement of a local official,” he said.

Police Maj. Norweda Usman, Bulacan police information officer, said their information showed that Capistrano was not running for any elective post in the 2025 elections.

Gov. Daniel Fernando, Vice Gov. Alexis Castro and the provincial board condemned the attack.

Fernando assured the families of Capistrano and Suarez that the provincial government would take all necessary steps to speed up the investigation and deliver justice for the victims.

A provincial board member of Bulacan and his driver were shot and killed by a lone gunman as their vehicle was stuck in traffic in Barangay Ligas here on Thursday night.

https://newsinfo.inquirer.net/1990034/high-school-principal-jailed-amid-sex-charges

The Department of Education on Friday said it is looking into the charges against a public school principal who was arrested for alleged acts of lasciviousness on four junior high-school students.

The office of the schools division superintendent in Metro Manila, in a statement, identified Bonifacio Caculitan Jr. as the school head of Pugad Lawin High School accused of molesting Grade 10 students.

Carleen Sedilla, the schools division superintendent, said Caculitan was arrested on the morning of Sept. 29 and is jailed at a Quezon City police station for lascivious conduct, a violation under Section 5(b) of Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

“On the same day, the schools division office has also submitted the intake sheet and requested an authority to investigate for the administrative aspect of the case,” she said.

Caculitan remains in detention while waiting for his bail to be processed, Sedilla said.

The case had also been reported to the city social welfare office for the conduct of psychosocial assistance to the students, she said. Counseling sessions would also be provided to the parents and other students.

A high school principal has been arrested for molesting students. 

https://newsinfo.inquirer.net/1989723/tariff-execs-face-graft-case-over-rice-import-tax-implementation

A farmers’ group has brought another round of charges against officials of the Tariff Commission (TC), this time accusing them of graft for retaining in 2019 a low and outdated tariff rate even after a new law had imposed an increase on rice imports exceeding the government-set quota.

In its 37-page complaint filed in the Office of the Ombudsman on Monday, the Federation of Free Farmers (FFF), led by Raul Montemayor, said that TC Chair Marilou Mendoza and Commissioners Ernesto Albano and Marissa Paderon “chose to ignore and violate the law” when they did not comply with Republic Act (RA) No. 11203 in setting the out-quota tariff rates for rice shipments.

The law, which amended RA 8178, or the Agricultural Tariffication Act of 1996, sets the out-quota tariffs starting 2019 at 180 percent.

Out-quota duties refer to the higher rate of customs duty levied on an imported agricultural product over its minimum access volume or the quantity that may be imported with a lower tariff that the Philippines committed to the World Trade Organization (WTO) to facilitate trade between countries.

The rates could even be raised if the “calculated tariff equivalent,” which provides cushion to any impact brought by average price gaps in local and international markets, is higher.

Based on a document issued by the WTO in October 2019, the Philippine government had set a maximum of 198 percent as the tariff on rice imports coming from states that are not part of the Association of Southeast Asian Nations.

Thus, the complaint noted that the “unilateral” adjustment by the TC back to the old 50-percent tariff rate cost the government up to P1.87 billion in potential revenues from March 2019 until May 2021 had the correct rice import duty been imposed.

The “improper” acts of the TC officials to grant drastically reduced duties to private importers, it noted, “caused substantial injury to the government in the form of noncollection and loss of the differential tariff between the higher 180 percent, and subsequently, 198 percent” provided in RA 11203 and the 50 percent actually imposed by the agency.

“Effectively therefore, the respondents illegally gave these rice importers a special privilege not expressly provided by law, while depriving rice farmers of the funds clearly intended for them by law,” read the complaint.

The group also pointed out that such a move was a “gross dereliction of duty” and was “highly anomalous” as it robbed rice farmers of protection from “unlimited, improperly tariffed and cheap rice imports.”

Aside from violating Section 3(e) of the Anti-Graft and Corrupt Practices Act, the TC officials were accused of committing administrative offenses over the erroneous tariff rates.

FFF asked state prosecutors to file the appropriate charges against the TC officials based on Section 1 of the Office of the Ombudsman’s Administrative Order No. 17.

A farmers’ group has brought another round of charges against officials of the Tariff Commission (TC), this time accusing them of graft for retaining in 2019 a low and outdated tariff rate even after a new law had imposed an increase on rice imports exceeding the government-set quota.

Motorcycle-riding gunmen shot and killed the Cagayan de Oro City Police Office Station 2 commander in Barangay Balua, Cagayan de Oro on Saturday night, October 5. 

The Police Regional Office-10 (Northern Mindanao) identified the victim as Capt. Abdulcahar Armama.

PRO-10 chief Police Brig. Gen. Jaysen de Guzman, PRO-10 chief, condemned the murder of Armama.

“The Police Regional Office-10 strongly condemns the senseless killing of Police Capt. Abdulcahar Bacarat Aramama, the station commander of Police Station 2 (Cogon) of the Cagayan de Oro City Police Office,” De Guzman said.

“Such an act of violence against those who dedicate their lives to serving and protecting the community is abhorrent and unacceptable,” he added.

“Our thoughts and deepest sympathies are with the family, friends, and colleagues of Police Capt. Armama during this painful and tragic time. We assure them that we will do all necessary actions to apprehend and bring to justice the perpetrators.”

De Guzman urged the public to come forward with any information that can aid in their investigation. “We must stand united in rejecting violence and ensuring that justice is served."

Armama was shot in the head by two gunmen and was taken to a hospital in Cagayan de Oro where he was declared dead.

Investigators recovered two empty .45 caliber shells in the crime scene.

The remains of Armama, who belonged to the Philippine National Police Academy Masidlak Class of 2017, have been transported to his hometown in Lanao del Norte.

Armama’s family has asked Cagayan de Oro Mayor Rolando Uy, the Department of Interior and Local Government, and the National Bureau of Investigation to thoroughly investigate his murder.

His family said he was the “best father to his children, a responsible husband, a loving son, one of a kind, generous, thoughtful, gentleman” and passionately against illegal drugs.

“He fearlessly led the charge against drug syndicates, putting his life on the line to make our city a safer place. His courage and dedication have earned him the respect and admiration of our entire community.” 

Uy ordered the COCPO led by Police Col. Salvador Radam to swiftly resolve the killing.

Police are conducting follow-up investigation and hot-pursuit operation against the suspects.

A PNP Chief has been assassinated.

https://newsinfo.inquirer.net/1990310/retired-cop-survives-gun-attack-in-rizal

A retired policeman was shot multiple times by an unknown gunman but survived in Taytay, Rizal on Saturday, October 5.

The Police Region 4A said that while Eugenio Miranda was jogging in Barangay (village) San Juan around 8:05 a.m., a man aboard a motorcycle suddenly appeared and repeatedly shot him with a handgun while his back-rider acted as a lookout.

After the shooting, the assailant, who was wearing black clothes and helmet, boarded the motorcycle again and escaped.

The victim was taken to the nearest hospital for treatment.

The report did not provide added information on the victim except that he is a retired police officer.

An investigation is ongoing to establish the identity of the gunman and the motive behind the incident.

A manhunt was also being conducted to find the suspects.

A retired cop has survived an attempted assassination. 

https://www.pna.gov.ph/articles/1235025

The commander and five other officers of a police station in Cebu province were relieved of their posts over the alleged mauling of a criminology student.

The relieved personnel are assigned to the Marigondon Police Station in Lapu-Lapu City, according to Philippine National Police spokesperson Brig. Gen. Jean Fajardo during a press briefing at Camp Crame in Quezon City Tuesday.

Aside from the commander, also relieved were the chief clerk, a desk officer, an investigator and two other officers.

"The case is under probe as we speak and the victim is being asked for a statement for the filing of proper charges. The victim who was confined at a hospital named at least two police officers who maltreated him," Fajardo said.

According to a post by the victim’s family, the victim and the owner of the house, where he is working as a caretaker, went to the police station to report a robbery involving three suspects, a bicycle and a chainsaw.

However, the victim was allegedly accused by the police to have stolen the items and made to kneel as police officers beat him up.

He was released after it was proven that he was innocent of the charges and taken to a hospital for treatment of the injuries he sustained from the mauling.

In a related development, Fajardo said a colonel assigned to the Police Regional Officer-12 (Soccskargen) was placed under restrictive custody at the Personnel Holding and Accounting Unit in Camp Crame after he was accused of sexually harassing a female officer.

“RIAS (Regional Internal Affairs Service) 12 already took cognizance of this case, and according to the regional director, to dissuade any notion that there might be a whitewash, I understand a team from the NHQ (National Headquarters) would come to Region 12 to conduct a parallel investigation and talk to the victim," she said.

She said the police colonel may face charges for sexual harassment under Republic Act 7877 or the Anti-Sexual Harassment law, an existing civil service policy and the National Police Commission rules.

The commander and five other officers of a police station in Cebu province were relieved of their posts over the alleged mauling of a criminology student. Also a PNP colonel has ben arrested for sexual harassment.


https://www.pna.gov.ph/articles/1235080

A village watchman was killed and six others were injured during a violent commotion near the municipal hall of Shariff Aguak, Maguindanao del Sur, on Tuesday morning, the final day for filing certificates of candidacy (COCs) for the 2025 local elections.

Lt. Col. Reggie Albellera, chief of the Shariff Aguak municipal police, confirmed that Bara Bauinda, a member of the Barangay Peacekeeping Action Team (BPAT), died after being struck by stray bullets as rival political supporters exchanged gunfire around 11 a.m.

“The altercation erupted just outside the municipal hall grounds where the COC filing was taking place,” Albellera told a local radio station on Wednesday.

Among the six injured was Cpl. Montassir Eskak, a police officer with the 1st Provincial Mobile Force Company. The rest were supporters from both camps.

Albellera said the trouble started when the town's Commission on Elections (Comelec) office rejected the documents of a vice mayoral candidate due to incomplete requirements.

“The candidate only presented a certificate of nomination but did not have his COC,” Albellera said, adding that when police escorted him out of the hall, they discovered that the individual had outstanding warrants for murder.

The rejection enraged the candidate’s supporters, who clashed with rival supporters, hurling stones and exchanging gunfire. They also damaged passing vehicles, forcing a temporary closure of the highway in front of the town hall, police said.

The candidate later filed his COC at the Comelec regional office in Cotabato City.

The situation calmed after about an hour when the crowd dispersed, and the highway was reopened.

Mayor Akmad Ampatuan condemned the violence and called on police and military forces to enhance security around the town hall to prevent further incidents.

A village watchman was killed and six others were injured during a violent commotion near the municipal hall of Shariff Aguak, Maguindanao del Sur, on Tuesday morning, the final day for filing certificates of candidacy for the 2025 local elections.

https://mb.com.ph/2024/10/9/porac-town-mayor-9-other-officials-suspended-over-raided-pogo-facility

The Office of the Ombudsman (OMB) has ordered the preventive suspension for six months of the mayor of Porac town in Pampanga, his vice mayor, eight Sangguniang Bayan members, and a licensing officer in connection with the operation of the raided Philippine Offshore Gaming Operator (POGO) in the municipality.

In an order issued by Ombudsman Samuel R. Martires last Oct. 7, suspended were Mayor Jaime V. Capil, Vice Mayor Francis Laurence C. Tamayo, Sangguniang Bayan Members Rohner L. Buan, Rafael M. Canlapan, Adrian R. Carreon, Regin B. Clarete, Essel Joy C. David, Hilario D. Dimalanta, Michelle B. Santos, and John Nuevy L. Venzon, and town Licensing Officer Emerald Vital.

Their suspension was issued based on an administrative complaint for gross neglect of duty filed by the Department of the Interior and Local Government (DILG) after the raid of Lucky South 99, a POGO in Porac town.

In his order, Martires said: “They are hereby preventively suspended during the pendency of this case until its termination, but not to exceed the total period of six months, without pay.”

“In case of delay in the disposition of this case due to fault, negligence or any cause attributable to the respondents, the period of delay shall not be counted in computing the period of suspension,” the order stated. 

“In accordance with Section 27, paragraph (1), RA 6770 (the Ombudsman Law), this order is immediately executory. Notwithstanding any motion, appeal or petition that may be filed by respondents seeking relief from this order, unless otherwise ordered by this Office or by any court of competent jurisdiction, the implementation of this order shall not be interrupted within the period prescribe,” it added.

The OMB said the DILG pointed out that the  “inaction and willful non-compliance of their duties… paved the way for the continuous operation of Lucky South 99 despite the issuance of Mayor's Business Permit for the years 2021, 2022, and 2023 despite lack of prior regulatory requirements; expiration of Lucky South 99’s license obtained from the state regulator Philippine Amusement and Gaming Corporation (PagCor); Porac Business Permit and Licensing Office (BPLO) issuing a certification that Lucky South 99 has no business permit for the year 2024; lack of Letter of No Objection (LONO) for Lucky South 99 to operate as POGO; and letters of the Philippine National Police reporting suspected criminal activities within Lucky South 99's premises.”

It also said the complaint stated that the town officials “failed to exercise legislative oversight for the welfare of Porac LGU (local government unit) and its inhabitants by failing to enact an ordinance or resolution intended to prevent and suppress the commission of criminal activities within Lucky South 99's premises.”

In its complaint, the DILG pleaded for the preventive suspension of the town officials.

The Office of the Ombudsman has ordered the preventive suspension for six months of the mayor of Porac town in Pampanga, his vice mayor, eight Sangguniang Bayan members, and a licensing officer in connection with the operation of the raided Philippine Offshore Gaming Operator in the municipality.

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