See - Remedial Law: Stare Decisis... - The Lawyer's Post
"x x x.
"x x x.
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Stare Decisis... - The Lawyer's Post
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Oppression. - The Lawyer's Post
See - Pursuant To Republic Act (R.A.) No. 6770, Otherwise Known As The Ombudsman Act Of 1989, The Ombudsman Is Legally Authorized To Directly Impose Administrative Penalties Against Errant Public Servants... - The Lawyer's Post
"x xx.
"x xx.
Significantly, Section A, Subsection 13 of Civil Service Commission Memorandum Circular No. 30, series of 1989 (CSC MC No. 30), the applicable rule then, expressly provides:
A. Grave Offenses
x x x x
13. Oppression
1st Offense – Suspension for six (6) months and one (1) day to one (1) year;
2nd Offense – Dismissal.
In the present case, the Ombudsman found Quimbo administratively liable for the grave offense of Oppression and correspondingly meted out a penalty of suspension for six (6) months without pay. While his administrative liability for Oppression is undisputed, it behooves the Court to adjust the penalty imposed upon him to conform to CSC MC No. 30. Accordingly, the Court finds it necessary to modify the penalty to suspension for six (6) months and one (1) day without pay to accurately reflect the classification of the offense for which he was found liable.
x x x."
See -
G.R. No. 173277, February 25, 2015, OFFICE OF THE OMBUDSMAN, PETITIONER, VS. PRUDENCIO C. QUIMBO, COURT OF APPEALS, 20TH DIVISION, CEBU CITY, RESPONDENTS.
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Pursuant To Republic Act (R.A.) No. 6770, Otherwise Known As The Ombudsman Act Of 1989, The Ombudsman Is Legally Authorized To Directly Impose Administrative Penalties Against Errant Public Servants... - The Lawyer's Post
See - Pursuant To Republic Act (R.A.) No. 6770, Otherwise Known As The Ombudsman Act Of 1989, The Ombudsman Is Legally Authorized To Directly Impose Administrative Penalties Against Errant Public Servants... - The Lawyer's Post
"x x x.
"x x x.
The Ombudsman has the power to directly impose administrative penalties against public officials or employees.
In the case of Ombudsman v. Apolonio2, the Court categorically delineated the Ombudsman’s power to directly impose, not merely recommend, administrative sanctions against erring public officials or employees, viz:
The Ombudsman has the power to impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee, in the exercise of its administrative disciplinary authority. The challenge to the Ombudsman’s power to impose these penalties, on the allegation that the Constitution only grants it recommendatory powers, had already been rejected by this Court.
The Court first rejected this interpretation in Ledesma v. Court of Appeals, where the Court, speaking through Mme. Justice Ynares-Santiago, held:
The creation of the Office of the Ombudsman is a unique feature of the 1987 Constitution. The Ombudsman and his deputies, as protectors of the people, are mandated to act promptly on complaints filed in any form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations. Foremost among its powers is the authority to investigate and prosecute cases involving public officers and employees, thus:
Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
Republic Act No. 6770, otherwise known as The Ombudsman Act of 1989, was passed into law on November 17, 1989 and provided for the structural and functional organization of the Office of the Ombudsman. RA 6770 mandated the Ombudsman and his deputies not only to act promptly on complaints but also to enforce the administrative, civil and criminal liability of government officers and employees in every case where the evidence warrants to promote efficient service by the Government to the people.
The authority of the Ombudsman to conduct administrative investigations as in the present case is settled. Section 19 of RA 6770 provides:
SEC. 19. Administrative Complaints. – The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency’s functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
The point of contention is the binding power of any decision or order that emanates from the Office of the Ombudsman after it has conducted its investigation. Under Section 13(3) of Article XI of the 1987 Constitution, it is provided:
Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:
x x x x
(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommendhis removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. (Emphasis, underscoring and italization in the original.)
In Ledesma v. Court of Appeals (Ledesma),3 the Court definitively stated that the statement in Tapiador regarding the Ombudsman’s power was merely an obiter dictum and, as such, could not be cited as a doctrinal pronouncement. Thus:
x x x [A] cursory reading of Tapiador reveals that the main point of the case was the failure of the complainant therein to present substantial evidence to prove the charges of the administrative case. The statement that made reference to the power of the Ombudsman is, at best, merely an obiter dictum and, as it is unsupported by sufficient explanation, is susceptible to varying interpretations, as what precisely is before us in this case. Hence, it cannot be cited as a doctrinal declaration of this Court nor is it safe from judicial examination.
The import of the Ledesma ruling is crystal clear. Although the tenor of the text in Section 13(3), Article XI4 of the Constitution merely indicates a “recommendatory” function, this does not divest Congress of its plenary legislative power to vest the Ombudsman powers beyond those stated in the Constitutional provision. Pursuant to Republic Act (R.A.) No. 6770, otherwise known as The Ombudsman Act of 1989, the Ombudsman is legally authorized to directly impose administrative penalties against errant public servants. Further, the manifest intent of the lawmakers was to bestow on the Ombudsman full administrative disciplinary authority in accord with the constitutional deliberations. Unlike the Ombudsman-like agencies of the past, the powers of which extend to no more than making findings of fact and recommendations, and the Ombudsman or Tanodbayan under the 1973 Constitution who might file and prosecute criminal, civil or administrative cases against public officials and employees only in cases of failure of justice, the current Ombudsman, under the 1987 Constitution and R.A. No. 6770, is intended to play a more active role in the enforcement of laws on anti-graft and corrupt practices and other offenses committed by public officers and employees. The Ombudsman is to be an “activist watchman,” not merely a passive one. He is vested with broad powers to enable him to implement his own actions5.
x x x."
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Palace names 12 new judges
See - Palace names 12 new judges
"x x x.
"x x x.
IN two separate transmittal letters to Chief Justice Ma. Lourdes Sereno, Executive Secretary Paquito Ochoa Jr. announced that President Bengino Aquino III has signed the appointments of new judges for Quezon City, Pasay City, Manila, Las Pinas, Pasig City, La Union, Agusan Del Sur and Isabela.
“I am pleased to transmit herewith the appointment letters of the following signed by His Excellency, President Benigno S. Aquino III,” Ochoa said, in his letter dated May 6, 2015.
The new appointees for Quezon City include Judge Lyn C. Ebora-Cacha for Regional Trial, Branch 82, Judge Marilou D. Runes – Tamang, RTC Branch 98; Judge Mitushealla R. Manzanero-Casino, RTC Branch 228; and Judge Cleto R. Villacorta and Maria Gilda T. Loja-Pangilinan, RTC Branch 229.
In a separate transmittal letter dated April 8, 2015, new appointees are Pasig City RTC Judge Elma Mendoza Rafallo-Lingan, Pasay City RTC Judge Rowena Nieves Adena Tan, Manila RTC Judge Ana Marie Train Mas, Las Pinas RTC Judge Phoeve CAstillo Meer.
Judges appointed for provincial courts were Judge Kimal Mustapha Salacop for Prosperidad, Agusan Del Sur RTC Branch 6; Judge Debbie Gamotin Dulas-Del Val for Naguillan Municipal Trial Court, La Union; Judge Norbert Bong Sabio Obedoza of MCTC Cordon-Dinapigue, Isabela.
The Judicial and Bar Council earlier recommended their appointments.
The JBC, which is constitutionally mandated to screen and vet nominees for vacant posts in the judiciary and the Offices of the Ombudsman and Deputy Ombudsman, is headed by Chief Justice Sereno, with ex-officio members Iloilo Rep. Niel Tupas and Justice Secretary Leila de Lima.
Retired SC Justice Angelina Sandoval-Gutierrez is the head of the Executive Committee and Represents the Retired SC Justice Sector; Lawyer Jose Mejia representing the Academe, retired Court of Appeals Justice Aurora Santiago-Lagman representing the private sector, lawyer Milagros Fernan-Cayosa from the Integrated Bar of the Philippines are the other regular members of the JBC.
x x x."
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Leaders and representatives of the land-based recruitment industry will convene an anti-trafficking workshop on Monday (May 11)
"x x x.
Leaders and representatives of the land-based recruitment industry will convene an anti-trafficking workshop on Monday (May 11) to discuss and map out plans on how to help the government and other stakeholders in combating human trafficking, notably within the overseas employment sector. Organized by the country’s biggest associations of recruitment agencies led by Elsa Villa of the Philippine Association of Service Providers Inc. (PASEI), Jun Macas of the Australia& New Zealand Association of Employment Providers of the Philippines Inc. (ANZAEPP), Ana Marie Nangan of the Pilipino Manpower Agencies Accredited to Taiwan Inc. (PILMAT), and John Bertiz of the Philippine Recruitment Agencies Accredited to Saudi Arabia Inc. (PRAASA) in partnership with the Blas F. Ople Policy Center and the Inter-Agency Council Against Trafficking (IACAT), the one-day seminar “Understanding the Expanded Anti-Trafficking Law in the Context of Philippine Overseas Employment” will be held at the New World Manila Bay Hotel, Malate, Manila. It aims to orient the recruitment industry and various stakeholders in overseas employment on the relevant provisions of the Expanded Anti-Trafficking Law. It also aims to forge a strategic framework for cooperation and collaboration in the fight against human trafficking for the land-based recruitment industry in partnership with other stakeholders. Senator Ferdinand “Bongbong” Marcos, Jr., author of Senate Resolution No. 1325 seeking a Senate review of ongoing efforts to fight human trafficking, will deliver the keynote speech while Assistant Secretary Neil Simon Silva of the Department of Justice will convey a message of solidarity. Prosecutor Jonathan Lledo, chief of IACAT’s National Anti-Trafficking Task Force, will discuss the salient provisions of the Expanded Anti-Trafficking Act, while Philippine Overseas Employment Administration Director Robert Larga will provide the recruitment agencies with information on Forced Labor Trafficking and Debt Bondage. Fiscal Darlene Pajarito, executive officer of IACAT’s Task Force Operations and Monitoring, will share her views on human trafficking for employment agents and recruiters. Pajarito was a recipient of the US State Department’s Trafficking-in-Persons Hero Award in 2011. Civil society leaders Susan Ople of the Blas F. Ople Policy Center and Training Institute, Carmelita Nuqui of Philippine Migrant Rights Watch and Jean Enriquez of the Coalition Against Trafficking of Women Asia Pacific (CATWAP) will share their experiences in the fight against trafficking particularly in relation to overseas employment. On the part of the recruitment agencies, Nora Braganza, who heads the Committee on Education and Development of ANZAEPP, will discuss recommended practices and processes in an ethical recruitment organization. (30) x x x." |
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Rating the performance of judges | Sun.Star
See - Malilong: Rating the performance of judges | Sun.Star
"x x x.
"x x x.
MANY years ago, the Integrated Bar of the Philippines (IBP) had a project, called “profile-taking” that allowed lawyers to rate the performance of judges and other officers involved in the administration of justice, including labor arbiters.
It was a survey not unlike the ones periodically conducted by the Social Weather Station and by Pulse Asia, and it was meant to establish a feedback mechanism through which judges were made aware of their trust and performance ratings by their single biggest constituency: the bar.
In order to not unduly embarrass a judge, his ratings were made available only to him although it was not uncommon for some, especially those who received a glowing endorsement from the lawyers, to share their “grades” with their colleagues in the bench.
It was not perfect – which survey is? – but it was a good enough performance measurement system. It allowed the judges and the others to make appropriate adjustments on the quality of their decisions and their courtroom behavior, among others, all of which contribute to improving the administration of justice.
Unfortunately, while some judges welcomed the survey, there were others who vehemently opposed it. The main objection was that the judging by lawyers was prone to bias because of the reality that for every winning and presumably happy advocate, there is a corresponding sore and losing one.
But there was no attempt to portray the profile-taking as immune to the respondent’s individual personal feelings. In fact, the lawyers were basically asked about their opinions and, expectedly, some gave theirs quite strongly either in praise of an outstanding judge or fiscal or in their disappointment with or dislike of a particular judicial or quasi-judicial officer. During my term as IBP president for example, a labor arbiter was rated zero by more than 10 lawyers even if the instruction was for them to choose a grade of from 60 to 100.
I’d like to believe, however, that most of us acted fairly in giving our grades. We did not allow one lost case to influence our judgment because after all, losing is fact of life for every legal practitioner.
But the objecting judges could not be placated. One of them, if I recall correctly, was heard asking the lawyers, “who are you to judge us?” Fearing a confrontation with the bench, the IBP beat a hasty retreat and abandoned the project. That was many years ago.
How are the judges, the fiscals and the labor arbiters now? Or, perhaps more accurately, how do the lawyers look at them?
I haven’t appeared in court as frequently as I had when I was a younger practitioner but I oftentimes talk to those who toil regularly in the so-called temples of justice. I am happy to say that from my conversations with them, negative sentiment against judges and prosecutors is negligible. It seems that Chief Justice Lourdes Sereno and Secretary of Justice Leila de Lima have been successful in weeding out the corrupt and the incompetent from their offices.
I wish I could say the same about the labor arbiters but, to use a lawyer’s bread-and-butter expression, because of my limited labor law practice, I have “no sufficient knowledge or information to form a belief as to the truth or falsity” of any claim or allegation on the state of things in that agency.
Morever, some of the arbiters are new, I was told, including a certain Marie Angelica Felizco-Padrid, so it would not be fair to judge them.
But I urge the Integrated Bar, especially the Cebu City Chapter headed by Bebs Pascual, to reinstitute the profile-taking. Like I said, it may not be perfect but we need a performance measurement system if we are serious about helping in the administration of justice.
Who was it who said that what cannot be measured cannot be managed and what cannot be managed cannot succeed?
Published in the Sun.Star Cebu newspaper on May 09, 2015.
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Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows | Bond Schoeneck & King PLLC - JDSupra
See - Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows | Bond Schoeneck & King PLLC - JDSupra
"x x x.
...Here is a list of 10 common mistakes Human Resource professionals should avoid to minimize unnecessary legal exposure.
"x x x.
...Here is a list of 10 common mistakes Human Resource professionals should avoid to minimize unnecessary legal exposure.
1. Failing to Investigate or Ignoring Complaints
Failing to take action when a complaint is made is one of the biggest mistakes employers can make. Choosing not to conduct an investigation after acquiring knowledge of the alleged inappropriate conduct will result most likely in the company being legally responsible for harm caused to any employee, client, and others due to the inappropriate conduct. Regardless of how frivolous or unfounded the complaint appears, or who made the complaint, an investigation should be conducted. Even allegations made by employees who have a history of making complaints or are regarded as “troublemakers” at work should not be ignored. Equally important, the mere fact that the complaint may be anonymous does not excuse the failure to investigate. Obviously, the task is more difficult but the investigation nonetheless should be conducted.
2. Not Creating an Investigation Plan
Failing to create a preliminary plan for the investigation creates serious issues because it often results in the purpose of the investigation being misunderstood or forgotten. Before diving into the investigation, make sure you’ve thought about the five W’s: (1) Why are you investigating?; (2) Who will conduct the investigation?; (3) Who are the witnesses that need to be interviewed?; (4) What evidence needs to be collected?; and (5) What is your investigation timeline?
3. Taking Too Long to Investigate
Delaying the initiation of the investigatory process after being notified of an issue may lead to employer liability. Particularly in harassment and discrimination cases, an employer’s decision to delay an investigation may be viewed as subjecting the employee to additional unlawful behavior. Nonetheless, making sure an investigative plan is properly prepared remains important. Therefore, Human Resource professionals must strike a balance between adequately preparing for the investigation and avoiding unreasonably long delays.
4. Not Having Trained and Ready Investigators or Selecting the Wrong Investigator
A failure to have trained investigators prepared to promptly respond to complaints can result in an ineffective and drawn out investigation. Employers should have a few employees trained to conduct an impartial, professional, and credible investigation. Another option is to hire a trusted Human Resources colleague or use in-house or outside counsel to conduct the investigation. No matter who you choose as the investigator, making sure that the investigator is trained and able to begin the investigation promptly is key.
Depending on the nature of the allegations, you also need to be sure you have selected the right person for the job. For example, having a former senior law enforcement official interview relatively young employees regarding highly sensitive allegations of a sexual nature may not be the most effective way to get the truth!
5. Not Doing a Thorough Investigation
Conducting a sloppy investigation by failing to interview necessary witnesses, failing to review relevant documents, and ignoring potential issues that come up during the investigation can create just as much legal exposure as not doing an investigation at all. You should make sure that every investigation is thorough, not only to ensure that the alleged misconduct is properly dealt with, but also to counteract any accusations by an employee that the investigation was ineffective.
6. Conducting Unlawful Searches
Searching an employee’s personal belongings or monitoring certain communications without consent can result in the employer breaking several federal and state laws. To avoid liability, it is good practice for employers to make employees aware of its surveillance policies and obtain consent from employees to monitor and access communications and information contained on any electronic devices employees are given access to at work.
7. Using Aggressive or Unwelcoming Interview Styles
An employer may become the target of a lawsuit if its investigators are overly aggressive when interviewing employees about alleged misconduct. Aggressive tactics may result in legal claims such as false imprisonment and coerced confessions, just to name a few. More practically, the employer risks not getting the whole story, dissuading employees from cooperating in the investigation, and not reaching the correct conclusion in the matter. To avoid aggressive interviewing, you should consider appropriate locations to conduct the interviews, outline questions in advance, and use open-ended questions when able, to get the entire story. As noted above, the “right” investigator can and often does make a big difference in making witnesses feel comfortable so that they will be cooperative instead of obstructing the investigation.
8. Making Confidentiality Promises
Although it is reasonable for an employer to encourage everyone involved in the investigation to keep the matter private, an employer should never promise an employee that his or her complaint will remain confidential. There will always be certain information that must be disclosed in order for a thorough investigation to be completed. Moreover, depending again on the nature of the allegations, employers run the risk of a possible violation of federal labor law (considering the NLRB’s Banner Health decision) if they demand absolute confidentiality by the witnesses.
9. Failing to Create a Report
Don’t underestimate the value of documenting investigations and credibility determinations to help support the company’s action or inaction regarding the allegations. Not appropriately documenting necessary evidence, information provided during interviews, and any other relevant findings is just as bad as failing to conduct an investigation. “The dog ate my homework” does not work very well in the legal arena. When there is no record of the information obtained to support your determination, there is no way to show that a proper investigation was done and that an appropriate determination was reached. An investigatory report should be prepared for every single investigation and should include a summary of the matter, the identity of the complainant, the accused, and all witnesses, a description of the relevant documents, findings, credibility determinations, and the recommended action.
10. Failing to Make a Determination
Failing to reach a conclusion and take the necessary steps to stop misconduct and prevent it from occurring in the future will ultimately result in the employer once again exposing itself to legal liability. Once the report has been completed, a determination should be made regarding whether the misconduct occurred and what appropriate actions should be taken. Make sure, especially in cases of harassment, that the complainant does not suffer any adverse employment actions resulting from the determination unless you can prove that the allegations were made in bad faith. When a determination is made, you should consider not only if the chosen action appropriately corrects the problem, but whether it also sends a message to coworkers of what the consequences are for harassing behavior or misconduct.
Following these basic common sense steps should go a long way in helping you ensure your employer avoids unnecessary liability.
x x x."
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BP 22: Novation Not A Mode Of Extinguishing Criminal Liability... - The Lawyer's Post
See - BP 22: Novation Not A Mode Of Extinguishing Criminal Liability... - The Lawyer's Post
"x x x.
"x x x.
“It is well-settled that the following requisites must be present for novation to take place: (1) a previous valid obligation; (2) agreement of all the parties to the new contract; (3) extinguishment of the old contract; and (4) validity of the new one. 4
These requisites, particularly the third, were not proven in this case. As the Court of Appeals held, the transaction became a personal undertaking of the petitioner when he received the goods for delivery but made no delivery thereof either to the credited dealer or to the credit rider. 5 Petitioner had an existing obligation to pay she value of the goods for which the check was issued. This obligation was not extinguished when the check was dishonored and a new agreement was reached by the two parties to pay in cash its value. The change in the mode of paying the obligation was not a change in any of the objects or principal conditions of the contract. As Tolentino states, neither acceptance of partial payment nor change of place or manner of payment involves novation. For novation cannot be presumed but must be expressly intended by the parties.
The Court of Appeals denied petitioner’s motion for reconsideration on the ground, inter alia, that the written undertaking was not presented as evidence. The records of the trial court show, however, that the existence of the written undertaking was actually admitted by the prosecution during trial, although, for some reason, it was not formally offered in evidence by the prosecution. However that may be, whether the written undertaking was presented or not, the fact remains that there was no novation in this case.
Nor is novation a mode of extinguishing criminal liability. As held by this Court, novation “may prevent the rise of criminal liability as long as it occurs prior to the filing of the criminal information in court.” In other words, novation does not extinguish criminal liability but may only prevent its rise.
Petitioner claims that the new agreement took effect prior to the filing of the information in court on December 15, 1981. He argues that, therefore, there could not have been any criminal liability under B.P. Blg. 22.
The argument is untenable. The fact is that the supposed new agreement never took effect as petitioner never complied with his undertaking. In Llamado v. Court of Appeals, a similar issue arose. An agreement to partially pay the dishonored check was made, but the accused failed to comply with his promise. This Court ruled:
[T]he “novation theory” recognized by this Court in certain cases does not apply in the case at bar. While private complainant agreed to petitioner’s offer to pay him 10% of the amount of the check on November 14 or 15, 1983 and the balance to be rolled over for 90 days, this turned out to be only an empty promise which effectively delayed private complainant’s filing of a case for violation of B.P. Blg. 22 against petitioner and his co-accused.
The Court thus held that the novation theory does not apply where the offer to pay by the debtor, and accepted by the creditor, turns out to be merely an empty promise. In this case, the balance of the check was never paid, as witness Anacleto B. Palisoc testified.
Indeed, the gravamen of the offense of violating B.P. Blg. 22 is the issuance of worthless checks. In this case, petitioner admitted issuing the check which when presented was dishonored. Though he promised to pay its value when it was dishonored, the fact remains that at the time it was presented to the drawee bank, it was not sufficiently funded. Petitioner, as the drawer of the check, is presumed to have knowledge of the insufficient funds, and his failure to pay the value of the check within five banking days from notice of dishonor did not dispute this presumption. On this, the Court of Appeals correctly affirmed the trial court.
But we think it was error for the appellate court not to impose subsidiary imprisonment in case of insolvency on the ground that there is no provision in B.P. Blg. 22 allowing for such penalty. This Court has, on several occasions, imposed subsidiary imprisonment in case of insolvency to pay the fine for violation of special laws, notwithstanding the absence of such provision in said laws. In Llamado v. Court of Appeals, we imposed subsidiary imprisonment on petitioner who was convicted of violating B.P. Blg. 22.
x x x."
SEE -
G.R. No. 114823 December 23, 1999, NILO B. DIONGZON, petitioner, vs COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.
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Aquino appoints replacement of Sandigan justice linked to Napoles | Inquirer News
See - Aquino appoints replacement of Sandigan justice linked to Napoles | Inquirer News
"x xx.
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
"x xx.
Malacañang on Saturday announced the appointment of Sarah Jane Fernandez as associate justice of the Sandiganbayan, almost eight months after former associate justice Gregory Ong was dismissed by the Supreme Court.
“The President signed the appointment last May 5, 2015,” Deputy Presidential Spokesperson Abigail Valte said in a press briefing.
“If you recall, there is a vacancy in the Sandiganbayan upon the departure of former Sandiganbayan Justice Gregory Ong, she’s the replacement,” she said.
Fernandez is a former assistant solicitor general and sister of Dagupan Mayor Belen Fernandez.
She was part of the team that defended the Reformed Value-Added Tax (RVAT) before the Supreme Court.
Ong was axed in September last year for “gross misconduct, dishonesty and impropriety” after he lied about meeting with alleged pork barrel scam mastermind Janet Lim-Napoles.
He was the first Sandiganbayan justice dismissed by the Supreme Court.
At the height of the pork barrel controversy, Ong was accused of being Napoles’ contact in the Sandiganbayan and of accepting money to acquit the businesswoman from a case involving the questionable purchase of 500 Kevlar helmets for the Philippine Marines.
x x x."
Originally posted: 12:00 PM | Saturday, May 9th, 2015
Read more: http://newsinfo.inquirer.net/690290/aquino-appoints-replacement-of-sandingan-justice-linked-to-napoles#ixzz3ZdPvJcDMFollow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
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Everything You Need To Know About Business Loans - By: Maricor Bunal
"x x x.
Some say that business-minded people are bold and fearless. True, because every starting entrepreneur needs to brace himself to the challenges of venturing into business. When starting a business, the main concern would be where to get money to manage it. You may have all the bright ideas and imagined outcome, but capital must be prioritized to materialize all that you want.
Small and starting businesses are sometimes turned down by banks and other institutions because of risk factors. But you need not to worry, because loans in the Philippines are offering assistance to Filipino entrepreneurs. All you have to do is prepare and be familiar with them.
Before showing yourself to banks that may offer loans in the Philippines, you need to have with you a business plan. The business plan is a summary of how a business owner or manager intends to organize an entrepreneurial endeavor and execute activities necessary and sufficient for the venture to succeed. This means that your business plan must assure the lender that he can expect a low-risk proportion to your business. Naturally, banks want their money back. Take note of the following questions that are usually asked by the lenders:
· How much money do you need?
Be accurate in answering this question to ensure wise investment. Loans in the Philippines understand that it is not easy to establish small business in the country, so request enough money.
·
What are you going to do with the money?
Be specific on where each peso/dollar would go reflecting in your business plan.
· When will you repay the business loan?
Explain briefly and clearly how this loan will help you in the success of your venture and how you would gradually repay it.
· What will you do if you don't get the loan?
Tell the lenders that rejection would never discourage you from putting up your business. Be confident and positive in trying lender after lender until you get the loan that you want. Loans in the Philippines can see optimism as a good sign of success in an entrepreneurial activity.
After familiarizing yourself with the common questions, bear in mind the following main requirements in getting your business loan:
·
Your personal credit history
· Business plan
· Experience
· Education
· And possible success rate of the business you are starting or expanding
Lending institutions assure themselves by asking for collateral and loan guarantees. So better have a recent appraisal available for review by the loan officer.
Also, be careful in choosing the banks and institutions for business loans. Make sure that these are legit and reliable. See to it that your loan option suits your needs.
Indeed, business endeavors require a lot of patience, determination, and confidence from starting entrepreneurs so better bring with you an upbeat and positive attitude. Be proud of your own venture. Learn from your mistakes and use it to improve your craft. Then, be ready for success in business.
Maricor Bunal has been a Project Manager and Content Writer for a long while. Her passion in writing is her main drive in crafting articles that are engaging, informative, and meaningful. Her partnership with Loan Solutions PH has given her a whole new opportunity to take writing to a whole new level.
x x x."
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How to Avoid Scam Loans - By: Maricor Bunal
"x x x.
Money runs out easily nowadays when the needs and demands are too high. Pay day seems to be a long time and bills are piling up on the table. Then, an advertisement of a car or house that we dream of fills the empty walls along the streets. It is inevitable to be short on cash, we all can relate to that. Then, the idea of loan appears to be tempting.
Getting a loan is now a common solution to our cash problems may it be housing loan, car loan, business loan, among others. Even rich people and huge companies get into it. But we must be careful in trusting lenders. Swindlers use the desperation and frustration of people badly needing money to lure them into loan scams. Anyone can be scammed if he/she does not know the caution signs to look for.
Familiarize yourself to some common red flags that may indicate a loan scam.
1. Advance Fee Loans
This scam is letting people pay an advance charge at the time of the loan approval. It may happen this way: You see an enticing advertisement about money lending that promises loan approvals to anybody who can get hold of all the requirements. Desperate, you submit all the needed documents and loan information. The next day, a sweet-talking caller gives you the good news that your loan has been approved. But, in order for the loan to be fully released, you have to pay fees like processing fees, insurance fees, or three-month advance fee. The caller informs you that the payment must be wired immediately through electronic transfer. With your hopes on the loan approval, you pay the bill. You wait for days but the loan never gets to you. And that was it. You are scammed. This kind of scam is also common in housing loans where fraudsters use online advertisement of real estate.
TIP:
Never send money to agents you never had an appointment to. Be sure to verify their identity and confirm their involvement with the company.
2. Loan Phishing Scams
Phishing is the act of falsely claiming to be a legitimate organization and asking the recipient to supply information such as bank account details, PINs, or passwords which are used to conduct fraud. This is usually combined with threat or request because an account will close, a balance is due, or information is missing from an account. Sometimes, fraudsters impersonate websites of known financial institutions and create legitimate-looking websites to attract people. Their goal is to get your personal information.
TIP:
Do not give away the important details of your bank account as well as your personal identification data to somebody you do not know.
3.Distance/Schedule ProblemScam
In this trick, the present owner tempts you to the good-looking property and says he/she is abroad and showcase of property is not possible. He/she promises to mail the keys and other documents once you deposit the payment.
TIP:
See the property yourself and walk away from the deal if the owner cannot show it to you.
4. Excessive Credits Leading to Impoverishment
The old, low-income workers, inexperienced, and unfamiliar people interested in housing loans are the target of this scam. The practices of predatory lending include attracting people to apply for mortgages with high interest rates and excessive fees. People then pay far greater than what they can handle which may end up in bad credit and losing their homes.
TIP:
Know more about the lender and do not sign up immediately to the deal. Set your budget to control your money.
5. Title Fraud
This is a type individuality scam in housing loans and real estate where fraudsters pose as the title-holder of the home who use forge papers to shift the property to their name. Then, they get another secured loan in contrary to the possession, get the money, and run away leaving the owner of the possession accountable for all the payments.
TIP:
Inquire from your home insurance agent about the title insurance and protect your personal information.
Also, be mindful of the following warning signs on loan scamming:
· A company/person asks for an advance fee to modify, refinance, or reinstate your mortgage.
· A company/person assures that he can stop a foreclosure.
· A company/person suggests you to pay them instead of paying to your mortgage company.
· A company/person pressures you to sign over a document, for instance in housing loan, that you have not read and understood.
· A company claims to offer "government approved" loan modifications.
We can sum up all the learning into three simple steps: Know it, Avoid it, Report it.
Maricor Bunalhas been a Project Manager and Content Writer for a long while. Her passion in writing is her main drive in crafting articles that are engaging, informative, and meaningful. Her partnership with Loan Solutions PH has given her a whole new opportunity to take writing to a whole new level.
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Wanted: PWD-friendly public facilities | Vera Files
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The Philippines until now has no accessible public transport for persons with disabilities (PWDs).
Advocates lament this sad fact, and are calling for a more PWD-friendly and inclusive system for the sector. After all, PWDs travel too. (See Public transport still not PWD-friendly – advocates)
As signatory to the United Nations Convention on the Rights of Persons with Disabilities, the country has a commitment to ensure the access of PWDs to public transportation, they point out.
“Many establishments (are now) complying with the accessibility law,” says National Council on Disability Affairs (NCDA) acting executive director Carmen Zubiaga.
To a certain extent, that is. “Except the transport sector,” she adds.
What then does a PWD-accessible public transport system look like? What features make it friendly to the sector? What about the other public facilities?
These photos, taken from five different cities overseas, offer a glimpse of how PWDs can be assisted and can guide public and private sector planners on how to build PWD-friendly facilities.
- See more at: http://verafiles.org/wanted-pwd-friendly-public-facilities/?utm_source=twitterfeed&utm_medium=twitter#sthash.7gorOjEQ.dpuf
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DocuBase Article: Know Your Customer: Quick Reference Guide
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Know Your Customer: Quick Reference Guide
Source: PriceWaterhouseCoopers
From Press Release:
Regulatory pressures concerning Anti-Money Laundering (‘AML’) continued to rise during last year and this looks set to continue throughout 2015. Increased pressure surrounding compliance with AML, Know Your Customer (‘KYC’) and sanctions requirements is a key focus for management and firms need to ensure they are following appropriate compliance procedures to meet the increasing regulatory demands. Firms operating on a global basis also need to demonstrate a robust compliance framework ensuring that each territory has sufficient oversight and that AML regulatory requirements are being adhered to at both a local and global level.Given these challenges, we have developed a Quick Reference Guide which provides easy access to global AML and KYC information which can assist firms operating internationally in mitigating their risk.
+ Direct link to document (PDF; 15.2 MB)
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DocuBase Article: Domestic Drones and Privacy: A Primer
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Domestic Drones and Privacy: A Primer
Source: Congressional Research Service via Federation of American Scientists
From Summary:
There are two overarching privacy issues implicated by domestic drone use. The first is defining what “privacy” means in the context of aerial surveillance. Privacy is an ambiguous term that can mean different things in different contexts. This becomes readily apparent when attempting to apply traditional privacy concepts such as personal control and secrecy to drone surveillance. Other, more nuanced privacy theories such as personal autonomy and anonymity must be explored to get a fuller understanding of the privacy risks posed by drone surveillance. Moreover, with ever-increasing advances in data storage and manipulation, the subsequent aggregation, use, and retention of drone-obtained data may warrant an additional privacy impact analysis.The second predominant issue is which entity should be responsible for regulating drones and privacy. As the final arbiter of the Constitution, the courts are naturally looked upon to provide at least the floor of privacy protection from UAS surveillance, but as will be discussed in this report, under current law, this protection may be minimal.
+ Direct link to document (PDF; 398 KB)
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House OKs anti-trust measure | Headlines, News, The Philippine Star | philstar.com
See - House OKs anti-trust measure | Headlines, News, The Philippine Star | philstar.com
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MANILA, Philippines - The House of Representatives approved yesterday on second reading the landmark Anti-Trust Bill or the proposed Philippine Competition Act that seeks to curb monopolies and protect consumers and the economy from unfair competition.
The bill seeks to establish a National Competition Policy that will encourage fair and free economic competition by prohibiting the abuse of market dominant positions and the excessive concentration of economic power by regulating improper concerted acts and unfair business practices.
The bill was principally authored by Speaker Feliciano Belmonte Jr. and one of the priority measures of both the Senate and the House.
Davao del Norte Rep. Anthony del Rosario, vice chairman of the committee on trade and industry, steered the bill’s approval after compiling all the proposed amendments put in by his colleagues.
“We’ve accomplished what we could, accommodated the amendments but we can’t allow a watered-down bill,” Del Rosario told reporters.
He said he expects the measure to be approved on third reading next week and the bicameral conference committee to be convened before the end of the month.
Del Rosario said the proposed amendment to exempt certain industries was shot down. Instead, the prerogative to make exemptions will be left to the Philippine Competition Commission that will be formed under the bill.
The measure is a consolidation of at least 11 bills earlier approved by the House committees on economic affairs, trade and industry, and appropriations, and authored by Belmonte and Reps. Salvacion Ponce Enrile, Rufus Rodriguez, Marcelino Teodoro, Reynaldo Umali, Diosdado Macapagal Arroyo, Teodorico Haresco, Jr., Niel Tupas, Jr., Sergio Apostol, Anthony del Rosario, Mylene Garcia-Albano, Gustavo Tambunting, Romero Quimbo, Reynaldo Umali, Mark Villar, Rodel Batocabe, Sherwin Gatchalian, Gary Alejano, Giorgidi Aggabao and Enrique Cojuangco.
Belmonte credited Cojuangco, who died yesterday, for shepherding the bill’s passage.
Belmonte noted that in November 2007, leaders of the Association of Southeast Asian Nations adopted the ASEAN Economic Community (AEC) Blueprint, which each member country shall abide by and implement by 2015.
Under the blueprint, all ASEAN members are sought to introduce competition policy by 2015.
He said a national competition policy will “unify, codify, update and streamline all legislation and regulations affecting competition in the country.”
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Psychological and emotional; crime of violence against women through harassment - Opinion, News, The Philippine Star | philstar.com
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Randy still questioned the decision before the Supreme Court. He contended among others that a single act of harassment like the sending of the nude picture does not constitute violence against women especially in case of Ina with whom he merely had an “on-off relationship” which was not on a continuing basis. The relationship contemplated by the law implies a sexual act between them. Was Randy correct?
No, said the Supreme Court. Based on Section 3 in relation to Section 5 (h) (5) of RA 9262 the elements of the crime of violence against women through harassment are: (1) the offender has or had a sexual or dating relationship with the offended woman; (2) the offender, by himself or through another, commits an act or series of acts of harassment against the woman; and (3) the harassment alarms or causes substantial emotional or psychological distress to her.
In this case, even conceding Randy did not have any sexual intercourse with Ina, they still had a “dating relationship” which exists even without a sexual intercourse taking place between those involved. The off-on relationship between them does not mean that their romantic relation is broken up during periods of misunderstanding.
The single act of sending an offensive picture is also a form of harassment. Section 3 (a) punishes any “act or series of acts” that constitutes violence against women. The object of the law is to protect women and children. Punishing only violence repeatedly committed would license isolated ones. Here the naked woman on the picture, her legs spread open and bearing Ina’s head and face is clearly revolting and offensive to Ina who is not in the pornography trade. So Randy should be sentenced to prison for six years and one day to twelve years (Ang vs. Sagud, G.R. 182835, April 20, 2010).
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E-mail: attyjosesison@gmail.com
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UNLAWFUL DETAINER: | MVP Law | Philippines
See - UNLAWFUL DETAINER: | MVP Law | Philippines
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UNLAWFUL DETAINER:
Unlawful detainer is an action to recover possession of real property from one who illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied. The possession by the defendant in unlawful detainer is originally legal but became illegal due to the expiration or termination of the right to possess. The proceeding is summary in nature, jurisdiction over which lies with the proper MTC or metropolitan trial court. The action must be brought up within one year from the date of last demand, and the issue in the case must be the right to physical possession. Firm is the rule that as long as these allegations demonstrate a cause of action for unlawful detainer, the court acquires jurisdiction over the subject matter. The requirement that the complaint should aver, as jurisdictional facts, when and how entry into the property was made by the defendants applies only when the issue is the timeliness of the filing of the complaint before the MTC, and not when the jurisdiction of the MTC is assailed because the case is one for accion publiciana cognizable by the RTC. This is because, in forcible entry cases, the prescriptive period is counted from the date of defendants’ actual entry into the property; whereas, in unlawful detainer cases, it is counted from the date of the last demand to vacate. Hence, to determine whether the case was filed on time, there is a necessity to ascertain whether the complaint is one for forcible entry or for unlawful detainer; and since the main distinction between the two actions is when and how defendant entered the property, the determinative facts should be alleged in the complaint.
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Unconscionable loan interest; Usury law.
See - Unconscionable…
http://thelawyerspost.net/unconscionable/#.VVLSeo6qqkp
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The Supreme Court, while agreeing with the Court of Appeals that the Usury Law is legally inexistent with the issuance of CB Circular 905, and that interest can now be charged as lender and borrower may agree upon, nevertheless found the stipulated interest iniquitous, unconscionable, and contrary to morals:
“Nevertheless, we find the interest at 5.5% per month, or 66% per annum, stipulated upon by the parties in the promissory note iniquitous or unconscionable, and, hence, contrary to morals (“contra bonos mores”), if not against the law. The stipulation is void. The courts shall reduce equitably liquidated damages, whether intended as an indemnity or a penalty if they are iniquitous or unconscionable.
Consequently, the Court of Appeals erred in upholding the stipulation of the parties. Rather, we agree with the trial court that, under the circumstances, interest at 12% per annum, and an additional 1% a month penalty charge as liquidated damages may be more reasonable.”
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See -
G.R. No. 131622 November 27, 1998, LETICIA Y. MEDEL, DR. RAFAEL MEDEL and SERVANDO FRANCO, petitioners, vs. COURT OF APPEALS, SPOUSES VERONICA R. GONZALES and DANILO G. GONZALES, JR. doing lending business under the trade name and style “GONZALES CREDIT ENTERPRISES”, respondents.
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If Pakistan can pass a Transparency Law/Freedom of Info Act, why can't the Philippines do it?
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In January, the News International reported that in Pakistan’s Punjab province, over one-third of the Basic Health Units—clinics that provide primary care to underserved areas—were operating without a doctor. It was a startling revelation, as the province’s ruling party had campaigned specifically on strengthening the Health Units. In certain Punjab districts, over 80 percent of the clinics lacked a single doctor.
This critical revelation might never have come to light if not for Punjab’s Transparency and Right to Information Act.
The public’s right to information—a right that has historically eluded citizens in much of the developing world—is shaping up to be one of the great challenges of the 21st century. Pakistan took a big step toward meeting this challenge on October 1, 2013, when the assembly of one of Pakistan’s four provinces passed the Right to Information (RTI) Act of 2013.
The act was passed in the Khyber Pakhtunkha (KP) assembly, which represents Pakistan’s northwestern province, thanks to the advocacy of the 30-member Coalition on Right to Information (CRTI) supported by the Foundation Open Society Institute–Pakistan. CRTI aims to create demand for the enactment of right-to-information laws according to international best practices and provides a platform for civil society groups to help implement such laws.
Although a right-to-information law was passed in Pakistan at the federal level in 2002, it fell short of its advocates’ expectations because of loopholes and a lack of public awareness. So CRTI launched a sustained advocacy campaign in Khyber Pakhtunkha in the runup to the 2013 elections. The coalition worked to convince and enable various political parties to incorporate RTI into their party manifestos. Later the network provided full assistance to the Khyber Pakhtunkha government to draft the legislation.
Meanwhile, the Center for Peace and Development Initiatives, a partner of the Foundation Open Society Institute–Pakistan, in collaboration with CRTI, created pressure groups in the federal and provincial political corridors, intervened during critical lawmaking phases, and launched a vigorous social media campaign for the enactment of effective RTI legislation.
After the law passed, the next challenge was encouraging people to use it. The Center for Peace and Development Initiatives again extended its support and helped Pakistani citizens to mobilize their requests. It established district-level commissions and launched a helpline. The statistics reflect the success of these efforts.
All in all, 540 information requests were submitted in Khyber Pakhtunkha—40 at the provincial level and 500 at the district level—for all sorts of information, from use of government assets to details about hiring processes. In Punjab, 988 information requests were submitted—79 at the provincial level and 909 at the district level.
The passage of the law was a huge victory. “The KP’s RTI ordinance contains all the features that are vital for a strong RTI law,” said Toby Mendel, head of the Center for Law and Democracy, a Canadian organization. “This is why it is positioned at the top of global RTI rankings.”
The achievement has become an example of how civil society and government can work together toward a common cause. For the first time, an independent commission has been formed in Khyber Pakhtunkha and Punjab to introduce and monitor the system that ensures implementation of the bill. The commission oversees staff training, receives and evaluates applications, raises awareness around RTI issues, and reviews anti-RTI laws and procedures.
The RTI law has the potential to improve the lives of all Pakistanis. But there is still a long way to go. The Sindh and Balochistan provinces, as well as the federal government, still lack effective RTI legislation, and implementation of the new KP and Punjab laws still needs to be ensured. Implemented properly, the law will lead to increased accountability, more transparency, and good governance at various levels.
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FOI bill well-positioned for passage; citizens to track Congress action on FOI | Community Bulletin Board | GMA News Online
See - FOI bill well-positioned for passage; citizens to track Congress action on FOI | Community Bulletin Board | GMA News Online
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More from: http://www.gmanetwork.com/news/story/486174/cbb/foi-bill-well-positioned-for-passage-citizens-to-track-congress-action-on-foi
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Congress Action on FOI Tracker
The Right to Know. Right Now! Coalition will monitor the action of Congress on FOI in the coming days, weeks, and months.
We have set up an online Congress Action on FOI Tracker (http://i-foi.org) that will provide the public with timely and regular updates on the status of the FOI Bill.
The FOI Tracker will also provide a periodic assessment of Congressional commitment on the passage of the FOI Bill. The assessment will be based on the substantive quality and integrity of the bill in terms of the people’s right to information. It will also track Congressional action based on the following timetable:
- May 4 to June 11, 2015 Session – Second Reading and Debate should commence in the House of Representatives, with Sponsorship completed and Period of Interpellation substantially started by Adjournment Sine Die.
- July 25, 2015, when Third Regular Session of Congress starts – The continuation of Period of Interpellation must be calendared immediately.
- September 2015 – Period of Interpellation or Debate must have been closed or terminated.
- October 2015 – Period of Amendments must have been completed.
- November 2015 – The People’s FOI Bill must have been approved on Second and Third Reading.
- December 2015 – The Bicameral Conference Report must have been ratified by the Senate and the House of Representatives.
- January 2016 – The Enrolled People’s FOI Bill must have been presented to the President for approval.
- February 2016 – The People's FOI Bill must have been signed by the President into law.
The FOI Tracker has a meter assessing Congressional action, with a green zone denoting good performance; a yellow zone denoting performance that needs improvement but still with optimistic outlook on the bill; a red zone denoting bad performance and pessimistic prognosis on the bill; and a black zone denoting that Congress is evidently out to kill the FOI Bill.
As of today, with the quality and integrity of the bill intact, with the Senate bill passed on Third Reading, and with the House bill well positioned for passage, Congress’s action on the FOI bill remains in the green zone.
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More from: http://www.gmanetwork.com/news/story/486174/cbb/foi-bill-well-positioned-for-passage-citizens-to-track-congress-action-on-foi
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