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Category: Graft and corruption

Ombudsman gives substance to public officials’ accountability

Ombudsman Conchita Carpio-Morales
Ombudsman Conchita Carpio-Morales
When the Mamasapano tragedy, which claimed the lives of 67 people including 44 members of the Special Action Force of the Philippine National Police, happened and the active role of suspended PNP chief Allan Purisima was exposed, a source told us that Ombudsman Conchita Carpio-Morales was angry.

Who would not be?

The tragedy happened Jan. 25, 2015. The Ombudsman had suspended Purisima in Dec. 2014 and he was supposed to be not involved in the operations of the PNP.

But details of events that led to the tragedy showed that despite the suspension, President Aquino involved Purisima in official operations.

It was a blatant flouting of the law.

May natira pa ba?

Vice President Jejomar Binay
Vice President Jejomar Binay
Or are the people, once again, left holding an empty bag?

That is the question of many people reading reports of massive withdrawals from Vice President Jejomar Binay’s alleged 242 bank accounts under his name as well as under the name of his wife former Makati Mayor Elenita Binay and son Junjun, Makati mayor. A number of the accounts are also in the name of his alleged dummies.

The amounts mentioned are mindboggling. In the Inquirer story on the report of the Anti-Money Laundering Council which was the basis for the freeze order by the Court of Appeals of suspected Binay accounts, the total amount mentioned is P11 billion since 2008.

Justice Jardeleza against condonation doctrine when he was SolGen

Makati Mayor Junjun Binay
Makati Mayor Junjun Binay
Makati Mayor Jejomar Erwin “Junjun” Binay Jr. has invoked the “condonation doctrine” for the dismissal of his cases in connection with the allegedly overpriced (P2.3 billion) Makati City Hall Parking building before the Ombudsman.

The condonation doctrine has no legal bases. It is a legal principle established by the Supreme Court in the 1959 case of Pascual vs Provincial Board.

Arturo B. Pascual was elected mayor of San Jose, Nueva Ecija, in November 1951 and reelected in 1955. In October 6, 1956, the Acting Provincial Governor of that province filed with the Provincial Board three administrative charges -Maladministrative, Abuse of Authority, and Usurpation of Judicial Functions – against Pascual committed during his first term.

In dismissing the case against Pascual, Supreme Court Justice David J. Gutierrez said, “When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct to practically overrule the will of the people. against the said appellant.”

The condonation doctrine had been used in several Supreme Court cases including the one the public is more familiar with: Aguinaldo vs Santos.

Binay 2016 scenario: The worst is yet to come

Binay distributes health cards in Cagayan de Oro.
Binay distributes health cards in Cagayan de Oro.
After Vice President Jejomar Binay backed out of the scheduled debate, which he himself suggested, with Sen. Antonio Trillanes IV, many asked if he is also reconsidering his announced presidential bid in 2016.

Binay immediately shut down the idea re-assuring his allies that there is no backing out of his ambition to be the next president of the Philippines, something that shudders many who imagine the level of corruption would it be under his presidency.

Binay gave the reason why he is pursuing his presidential plans despite the perception that he is severely damaged: “Napakalaki ng lamang ko. Never in the history na may ganun, hindi naman ganun kaagad ang lamang” (I keep a wide lead in surveys. Never in history that someone is leading the race by a wide margin).”

Which is true.

Will Binay also withdraw from 2016 presidential race?

No one is really surprised that Vice President Jejomar Binay backed out of the Nov. 27 debate with Sen. Antonio Trillanes IV which he himself suggested to the Kapisanan ng mga Brodkaster sa Pilipinas.
Trillanes vs Binay
When the debate was starting to take a life of its own after he mentioned it to KBP President Herman Basbaño last October and Trillanes accepted the challenge, Binay was just waiting for an opportunity to back out.

The opportunity happened yesterday during his 72nd birthday celebration at the Philippine Marines headquarters.

He was asked about Trillanes’ statements that he was going into the much-publicized activity fully aware that the vice president, a lawyer, has an advantage as far as debating skills are concerned. But the senator, who was formerly a Philippine Navy officer said, he is on the side of truth.

Let’s not forget Purisima

While we are riveted to the splendor of Hacienda Binay’s Kew Gardens and air-conditioned piggery, let us not forget Philippine National Police Chief Alan Purisima and his questionable acts as a public official.

PNP Chief Alan Purisima and President Aquino
PNP Chief Alan Purisima and President Aquino
The public should be more vigilant of the Purisima case because no less than President Aquino is protecting him, vouching for the Police chief’s integrity despite blatant violation of ethical standards set for government officials.

Talking with reporters in Indonesia, Aquino said, “Natuwa ako noong sinama niya lahat sa bahay niya sa Nueva Ecija. Iyon, gawain ng tao na hindi nagtatago.”

What kind of logic is that? Allowing media to see his vacation villa in a 4.5 hectare property in Nueva Ecija does not answer the questions of how he acquired it at a cheap price and how he was able to build a nice four-bedroom vacation house complete with swimming pool, gazebo and a nipa hut out of his salary as a police officer.

It is PR.

BJMP displaces sick detainees to make room for Gigi and Janet

Janet Napoles arrives in Bicutan.
Janet Napoles arrives in Bicutan.
While everybody was trying to recover from the emotional performance of President Aquino in his 5th State-of-the-Nation address Monday night, pork barrel queen Janet Napoles was brought to Camp Bagong Diwa jail of the Bureau of Jail Management and Penology in Bicutan,Taguig.

Reports said Napoles arrived at Bicutan from Fort Sto. Domingo, a police camp in Sta. Rosa City , Laguna at 11:15 p.m.

Napoles has been charged with graft, plunder and serious illegal detention in connection with the misuse of the multi-billion Priority Development Assistance involving three senators – Juan Ponce Enrile, Jinggoy Estrada, Bong Revilla, members of their staff and other personalities.

She joined at the BJMP co-accused Atty. Gigi Reyes, former chief-of-staff of Enrile.

With SC decision on DAP, expect impeachment charges vs Aquino

SC decision: reminder to Aquino that good intentions do not necessarily mean right and legal.
SC decision on DAP: reminder to Aquino that good intentions do not necessarily mean right and legal.
With the Supreme Court’s ruling that President Aquino and Budget Secretary Florencio “Butch” Abad’s baby- the Disbursement Acceleration Program – is unconstitutional, expect impeachment charges against Aquino to be filed soon.

Main Decision
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287.pdf

Separate Opinions:

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_carpio.pdf
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_brion.pdf

Concurring and Dissenting opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_delcastillo.pdf

Separate Concurring Opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287
_bernabe.pdf


Concurring Opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_leonen.pdf

The progressive groups –Anakbayan and Kilusang Mayo Uno- have hinted on impeachment in their statements hailing the High Court’s decision on DAP.

Anakbayan’s Vencer Crisostomo said, “Aquino and his pork gang should resign now in shame. Calls for him to be removed from office via impeachment or via a people’s uprising is growing and is increasingly justified. Aquino and his pork gang should be ousted.”

KMU’s Elmer Labog said, “The SC ruling could only further fuel calls for the Pork Barrel King’s resignation, if not ouster from office.”

‘Separate speculation from fact’- Luchi Cruz-Valdez

Luchi Cruz-Valdez
Luchi Cruz-Valdez
That was a strong statement that Luchi Cruz-Valdes, head of TV5’s news and public affairs department, unleashed against those who dragged her name in the Janet Napoles pork barrel scandal especially the Philippine Daily Inquirer who published the unverified information.

Luchi’s name was mentioned in Inquirer’s May 18 issue as one of the mediamen in the list of those who “received” cash gifts from Napoles through a certain Mon Arroyo,former television director.

The documents, Inquirer said, were contained in the hard disk given to them by the mother of Benhur Luy, one of the whistleblowers in the Napoles PDAF (Priority Development Assistance Fund) scam, and Levi Baligod, former lawyer of Luy way back on April 27, 2013 when the two visited the Inquirer office.

Didal

Among working journalists, we have a term “didal.” That is used when a PR (press relations officer) pockets the money intended for a reporter.

Korina Sanchez
Korina Sanchez
So the PR’s principal- a government official, a businessman or anybody who is the subject of a news report – thinks that he has paid off the reporter, who doesn’t know that his name was used for a media payoff budget.

If a reporter finds out that his name was in the list and he didn’t get anything, we tease him, “Na didal ka.”

(Accepting money from a source for a story is unethical and is denounced in the practice of journalism. A reporter writes a story because he has discovered something that would be of interest and beneficial to the people and not because someone paid him to do it.

(The reality, however, is that there are PRs whose job should only be to facilitate access to his principal, who payoff media to promote his principal. This is a bad practice.)

We are told that these days the new term for “didal” is “bukol.”

We suspect that’s what happened to ABS-CBN’s Korina Sanchez and GMA 7’s Mike Enriquez.

An Inquirer report said according to the documents submitted by PDAF (Priority Development Assistance Fund) scam whistleblower Benhur Luy, pork barrel queen Janet Napoles paid off a number of media personalities.