I have a niece and nephew who are victims of failed pre-need educational plan. One was the College Assurance Plan and the other was Success Educational Plan.
That’s why I’m incensed by the gall of Alfonso Yuchengco’s Pacific Plans Inc. to file a libel case against it’s victims, the officers of the Parents Enabling Parents Coalition.
I’m also incensed by the insensitivity of the Makati Regional Trial Court that issued warrant of arrests against the victims/parents. It’s bad enough that the government failed to protect them from companies that misused their money and abused their trust. Worse, government is aiding the pre-need companies to harass the victims.
Officials of the Parents Enabling Parents [PEP], the coalition of parents suing the pre-need firm, Pacific Plans Inc. [PPI] yesterday posted bail in connection with the libel cases filed against them by PPI in 10 different courts in Makati City. PEP president Philip Piccio, Anabella Santos, John Joseph Gutierrez,, Jose Dizon, Rolando Pareja, Monina Bonifacio, Elvira Cruz, Cornelio Zafra, Vicente Ortuesto and Victoria Gomez Jacinto paid P10,000 each for their bail. Five of their members, Ricardo Lorayes, Mia Gatmaitan, Jocelyn Opano, Peter Suchianco and Trinnie Monsod were not able to to the same.
I share the pain of Cecile Bautista-Reynoso, one of Pacific Plan’s victims, who bewailed:
Here’s Sen. Aquilino Q. Pimentel, Jr. press statement on the issue:What kind of justice do we have in this country?The PEP Coalition Parents, ordinary people from all walks of life who have merely been fighting for their children’s education, face the prospect of going to jail because of the libel case filed by Yuchengco. According to reliable sources, warrants have been issued by the Makati RTC and will be served anytime now.Now how’s that? Their children’s education was taken away. Because of this, the parents have been having difficulty raising the money for their child’s enrollment. Now they have to each raise bail in the amount of P130,000. That’s for each parent of the 16-parent board of the coalition therefore amounting to P2.08 million. They couldn’t even afford the tuition, how could they possibly afford bail? And God knows how they can provide for their family’s more basic needs when they’re in jail. Heartless and oppressive are the words that come into mind.It’s high time that Planholders start helping the Coalition leaders who have been frontlining for them so unselfishly, even risking their very livelihood in the process.To the media people, please help us.
Senate Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban decried that leaders of aggrieved plan holders of the pre-need firms have to face the ordeal of criminal prosecution after incurring the ire of the company owners while they are fighting for their rights.
Pimentel emphasized that fairness and justice must prevail as court officials and government prosecutors examine and render judgment on the libel case filed by the PPI management against the 16 officers of the Parents Enabling Parents (PEP) Coalition.
“I caution the courts and the Department of Justice to scrutinize carefully the facts before jailing the parents who complain against the misuse of their pre-need educational insurance plans. They have every right to seek justice,” he said.
He said he sympathizes with the leaders of the PEP Coalition who had to scrounge for funds to pay the P30,000 bail each which he said is like rubbing salt to the wounds after the pre-need company reneged on its obligation to pay the tuition fees of their children due to alleged financial difficulties.
Pimentel reminded pre-need companies that they should refrain from acts that are tantamount to harassment of the complaining pre-need plan holders to evade settlement of their legal obligations.
He also expressed the hope that the companies and the complaining educational plan holders will muster the patience and perseverance to strike an acceptable compromise to the problem.
E-mail from Isaac Clotario:
Ellen,
Isa akong masugid na mambabasa mo sa iyong column sa
Abante,Malaya at lalo na sa iyong Blog.Isa po akong OFW dito sa bansang
Kuwait.
Kamakailan lang po ay nabalitaan ko sa isang pilipinong kapitbahay dahil sa wala po akong TFC or GMA Satellite dito,ang tungkol sa “pagsasara ng Pacific Plans”.Ako po ay kasalukuyang naghuhulog para sa aking Pension
Plan sa Pacific na kinukuha nila buwan buwan sa aking account sa RCBC Commercial Bank Carmona Cavite Branch.
Naguguluhan lang po ako sa mga balita dahil last year na umuwi ako ay kinausap ko pa ang Supervisor sa RCBC para
sa aking Pension Plan at sinabing wala akong dapat na ipangamba dahil wala naman daw problema ang Pension Plan kung hindi ang Educational lang.Ganun
din po ang ginawa ko sa aking Pension Plan sa CAP at sinabing sasaluhin naman daw ng pamahalaan sakaling tuluyan itong magsara.
Katunayan ay tinapos ko ang nalalabing 2 taon pa ng pagbabayad.Sa aking panonood ng TV noong
nakaraang umuwi ako diyan sa atin ay nakita ko ang isang Abogado yata at isa ring plan holder ng CAP na bumuo sila ng isang organization para ilaban ang kaso ng mga di pagbabayad ng mga Pre-Need companies na ito sa mga plan
holders.Humihingi lamang po ako sa inyo ng advice at impormasyon tungkol sa maaaring contact sa abugadong ito,kung di ako nagkakamali ay Piccio yata ang
apelyido niya.Makikibalita lamang po ako sa kanila at kung kailangan ay maging myembro ng kanilang samahan para makuha ko ang kahit na “principal”.
lang ng perang pinagpaguran ko para ihulog sa Pension Plan.
Baka po ang taong ito ay may email,address o contact number para po
ipafollow up ko sa asawa ko na nandiyan sa Pilipinas.Hindi ko po kasi alam
kung ipapahinto ko na ang patuloy na pagbawas nila sa naiwan kong savings
account sa RCBC.
Sa huli po ay binabati ko kayo sa napakaganda at makabuluhang
column at blog ninyo sa Abante at Malaya.Ang blog po ninyo ang isa sa mga
site na palagi ay dinadalaw ko sa internet.
More Power po sa inyo.
Nagpapasalamat,
Isaac Clotario (OFW-Kuwait)
Ang number ni Philip Piccio: 0922- 880-3121
May website sila:http://www.pepcoalition.com
Hi Ellen,
I’m sorry to hear this terrible bad news! I myself almost got swindled when a friend of mine who was selling the plan as a sideline had almost convinced me to buy one (I was prepared to buy a plan so as to help my friend but didn’t really need it) but fortunately, after she filed my papers, she was told that I wasn’t eligigble being a resident abroad, etc. so am kinda lucky I dindn’t fall for the “scam!”
By the way, Ellen, here is a European news item which might be of interest to you (I’ve sort of summarized and translated it) and it is in my blog.
HEADLINE NEWS
Dateline Brussels, European Union
EU freezes assets of Belarus president
LEMONDE.FR 18.05.06 18h25 • Mis à jour le 18.05.06 18h49
http://www.lemonde.fr/web/article/0,1-0@2-3214,36-773557@51-766079,0.html
http://www.lemonde.fr
In an unprecedented move, the 25 member nations of the European Union decided on Thursday 18th May to freeze the assets of President Alexandre Loukachenko and 35 other officials of the government of Belarus following a who were convicted of violating international election norms and for clamping down on political opposition reports Le Monde (with reports from AFP and Reuters).
According to the French broadsheet, the European Union had already banned some Belarus officials from obtaining entry visas to the EU and had also warned that other sanctions would be imposed.
Brussels, the seat of the European Union, which announced the move, had been expecting the decision since early this week.
The decision was made through a press release published by the Council of Ministers of the EU.
The sanctions will include the freezing of assets and all other financial resources of the people who were found guilty of violating international election norms, civil society rights including and acts of illegal repression on democratic opposition during the elections of March 19, 2006.
Alexandre Louchanco was elected to the Belarus presidency with 83% of the votes cast by the citizens of Belarus in an election contest which the European Organization for Security and Cooperation found did not duly conform to democratic election norms.
Belarus which used to be a member of the former USSR, clamped down on legal oppositon by arresting and jailing demonstrators for “hooliganism” or “rallying without permit”.
The report added that one of the former presidential candidates, Alexander Kozouline who was also the leader of the opposition was accused of “hooliganism”and “public disorder” and risks 7 years of imprisonment. Opposition leader, Alexander Milinkevitch was also arrested on April 27 for organizing a rally without a permit but was released a week ago.
NOTE: This united action by an international political body against an abusive regime (like Gloria’s) should serve as reminder to repressive regimes that they cannot clamp down on legitimate dissent!!!! All it takes is for the EU’s Organization for Security and Cooperation to be requested by an NGO to come and observe the “clamp down on legitimate dissent”…So, Gloria, Gonzalez and Defensor had better watch out!!!!
Malacañang’s promises of help for the victims are nothing but lip service. Yuchengco is a presidential adviser.
They should sue Yuchengco in the European Courts.
I will check, inquire with a friend who’s a member of EU parliament whether that’s possible.
Yes Ellen, Yuchengco was even named to the Con-Com. How can one expect justice from a government like GMA’s? DOJ wouldn’t even bother to study this case. Gonzalez is to busy defending GMA and the 4 American Marines. He would rather go after the “distabilizers” than waste his energy going after one of GMA’s cronies. The congress and the SC should start investigating Yuchengco if they are really for justice.
*Can this be done Anna? Or could it accomodated in the International Court?
Di naman lahat ng taong gobyerno ay walang silbi.
I have a high school batchmate and child hood friend who happens to be to the commission secretary of SEC and he is realy really working his ass out for the pre need situation.
That’s true Karl. There are many good people in the bureaucracy. May their tribe increase.
Aren’t GMA and Fe Barin relatives? Is there a way to confirm this Ellen? Karl, its nice to know that at least someone is working for the interests of the planholders.
Hi Schumey,
I really don’t know but am checking out the archives of the EU Commission to see whether there’s a precedent. Left a message with my friend – hope he can check into that too.
But I do know that anyone can sue a high-level government official (Yuchencko being a presidential adviser) for misdeeds against public order even if they do not technically constitute human rights abuse and definitely if there’s an issue of money laundering.
If the Yuchenkos have assets in Europe, it would be simpler because the EU or OECD could be asked to look into the sources of their assets. If the assets are suspected of coming from malverzation of funds or are laundered, EU courts can act without fail.
The above are mere extrapolations of mine – on how one could tie a potential suit against an individual or group of lawbreakers in the Philippines to current EU rules.
Ellen,
Alam mo dapat talagang tulungan natin yang grupong yan. Nakakainis nga ang mga kumpanyang ito. At nahalata mo bang nagiging kawiliwili ang gamit ng libel ngayon. Kasi nga may pitik rin ang mga website nila.
Lots of scam regarding insurance, pension plan, etc. and reason why I am privatization of our present pension plan over here.
The Philippines in fact is becoming to be known even here as a haven for wannabe criminals especially regarding insurance scams. A lot many Japanese have been murdered in the Philippines for this kind of scam as the Philippines is known here to be a place where they can pay hitmen(mamamataytao) for a minimal fee of even less than a hundred dollars.
Worse is when the OFWs become the number one victims of these money laundering scheme involving even officials of the Philippine government conniving with biggies like Yuchengco who I suspect must have been financing the “malakas” and why he can act the way he does.
I even suspect him to be the Midget’s no. 1 financier considering the positions he has been favored with like his position as emissary extraordinaire, and given meaty assignments as when he became Philippine ambassador to Japan by then President Ramos.
The ex-ambassador to Japan boasted that he was not receiving any salary for his services to the country as ambassador, etc., but what he lacks in monetary compensation and rewards, he is compensated more than satisfactorily by monopolies he is privileged to have as his dealings for example with major banks in Japan like the MUFJ (formerly known as Sanwa Bank and UFJ).
I don’t discriminate against the Chinese, but I have yet to meet a Chinese who does not do anything even for charity without any ulterior motive, devious and otherwise.
BTW, a Filipino woman is now in a jam over here. The Filipina filed a case against an insurance company that did not want to pay for some insurance on a Japanese she was cohabiting with at the time of his death and she reported to be the father of the child she was pregnant with at the time, but the court and the insurance company were able to find out evidences that the Japanese victim was poisoned through overdose of some chemicals contained in simple colds remedy as aspirin.
Now, the police is busy investigating this case. It is actually not new. There are a number of Filipino women and men now serving their terms in Japanese prisons for their involvement in some insurance scam.
What I find revolting about these cases is how these women would even swear in the Name of God that they have not done anything wrong coveting money not supposed to be theirs, and making the poverty in the Philippines as an excuse for the loss of their sense of morality, propriety and dignity.
Apparently, the Filipina has connived with a 66-year-old bar proprietor to poison men she would meet in a bar and cohabit with, and trick them into believing that she got pregnant by them and that she would like the future of her unborn child to be secured by convincing her lover to get a life insurance with her and her child as beneficiaries.
In the case, she filed against the insurance company that refused to pay her, she made the child she claimed to have been fathered by the dead victim as reason for her demanding to be paid. The court asked then for a DNA test, and the child the woman said was fathered by the victim was found out to be in fact the child of the man she is conniving with in victimizing innocent and naive Japanese men. What the court also found out was there was another victim, and the 66-year-old man was paid then for the death of her then boyfriend, and so the court has ruled that she must have been doing such heinous crimes in connivance with the real father of her children.
Now the police here is busy doing their investigations, and once they have gathered enough evidences, the Filipina will most likely sing and try to save her own hide the way it is always. If she is found to be an accomplice, even a major participant in this scam, the Filipina is likely to get life or death penalty.
I pray that justice will prevail. Kawawang bansa! My mother in fact laments the fact that in her words, “Desente kami noon. Kahit nga naghirap kami noong WWII, hindi kami naging garapal at walanghiya. Ngayon, wala na yatang matino!”
Until now, I still can not understand why LIBEL cases fall under the criminal code and not civil law, where the case should be between the plaintiff and the defendant and the only subject is the monetary damages for the injuries suffered by the plaintiff. Granting it is under a criminal code, then only the prosecutor or the so-called crown attorney can bring the charges and the complainant (in this case Mr. Yuchengco) can only be called as a witness. If Libel and Slander are still both under the Criminal Code, then maybe we need to reform such law because it is not only archaic, I believe it is way out of line of modern system.
And while we’re at this, what are the regulatory bodies doing about the disappearance of the funds? Was Fraud involved? Now, that is Criminal.
Further to my comment, if Libel cases has nothing to do with criminal code or penal code, the Mr. Yechengco would have no basis to bring charges for damages because it is him who cause the damaged. As a matter of fact it will be easier for the victims to file a class action suit to recover their losses. I believe Mr. Yuchengco must have some assets that can be the subject of such lawsuit. Come on let’s put some teeth to our Justice System.
Hi anna,
Thanks for the update. I do hope something will come out of this. The victims of this injustice are mostly the working class who only wants their children to have the greatest gift a parent can offer, good education. I understand that more than 100,000 families are affected by this injustice.
Yuchengco portrays himself as a philanthropist, but in reality this is just a screen to hide his true self. This is a mockery of our justice system and our courts allow themselves to be instruments of harassment. What do you expect when the DOJ itself is notorious in this practice.
You are right about yuchengco.
“I don’t discriminate against the Chinese, but I have yet to meet a Chinese who does not do anything even for charity without any ulterior motive, devious and otherwise.”
ystakei – That’s a self-contradictory and racist statement. Too bad you haven’t met any decent “Chinese”. I have and I count myself fortunate to count them as my friends. They are as charitable and devoid of ulterior motives as my other Pinoy friends. A person’s virtues have nothing to do w/ the color of his skin. The issue here isn’t a race issue. It’s big business against powerless consumers.
Please lang po. Badly needed ko talaga ang address and contact# ng PEP Coalition o di po kaya ay si Atty. Philip Piccio. Maraming 2x salamat po. Godbless and more power!!!
inutil ang gobyerno