"The Supreme Court should not be immune to public scrutiny." - SC AJ M. Leonen

October 20, 2015, 11:20 am

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See - Of gods, justices and fallibility | Inquirer Opinion

"x x x.

IN A lecture to law students of the University of Baguio, Associate Justice Marvic Leonen reportedly said that the Supreme Court is “not perfect… if you knew who we are, you will cease calling us gods” (“Leonen: SC not perfect,” News, 9/14/15). He added: It is “certainly your right as citizens and academics to religiously call attention to the fallibility of the courts… The Supreme Court should not be immune to public scrutiny. It should thrive on it.”

In other words, the good justice was saying, everyone should feel free to criticize their decisions as they certainly are not infallible—implying that the Court has an open mind. It was precisely in that spirit that I once “called attention” to a case involving a friend, a UP Diliman student then in his 20s, who, by the ponencia of Justice Leonen himself, was sentenced to life imprisonment on the sole testimony of a flip-flopping witness (“Court decision goes against common sense,” Opinion, 2/9/15). I emphasize “sole testimony” because no one else testified they saw my friend at the scene of the crime. Now in his late 40s, my friend continues to rot in jail.

Common sense tells us, non-lawyers, that when a witness says one thing moments after an incident and then says another days after (with all the time in the world to make up a story, assisted by lawyers prone to fabricating), his testimony is suspect and should hardly be the basis of “proof beyond reasonable doubt.” In the absence of any corroborative evidence, that testimony is worthless. In my friend’s case, that witness said right after the incident that he could not recognize any of the assailants; then five days later and after consulting with lawyers, he said he did recognize my friend as one of them!

“Jurisprudence” clearly holds that the sheer spontaneity of an utterance made right after the commission of a crime (i.e., without reflection on its consequence and without an opportunity to make up a different account) is regarded, “with a great deal of reason, as a guarantee of its truth” (People vs Sanchez, 1992), as against an account made after a clear opportunity to lie.

A classic example is given: The testimony of a police officer as to what a victim told him minutes after the alleged assault is more trustworthy than what the latter told the court to the contrary months later.

Loss of property or fortune by an unjust decision is something anyone can endure. But loss of life itself is something else. How can any judge or justice with a conscience just sweep that under the rug and sleep soundly? And this has to be asked: How comfortable is Justice Leonen with the thought that he may have sent an innocent man to jail for the rest of his life?

Chances are, he may have already forgotten about that case as just part of a day’s work, but let it be known that the man’s family continues to grieve to this very day. Which brings up the question again: Are the justices, although surely not “gods,” really not feeling like “gods” who cannot make mistakes or just cannot admit that they do?

—MARIUS V. CANONOY, canomarivil@gmail.com

x x x."

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Tax reform needed

October 20, 2015, 12:27 pm

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See - Taxes in PHL not just high; it's too tedious to pay them, says global study

"x x x.

MANILA – The Philippines ranked a poor 127th among 189 economies reviewed by international audit firm PricewaterhouseCoopers (PwC) in terms of ease of paying taxes for business, while its neighbors, Thailand and Malaysia landed on 62nd and 32nd respectively, Senator Francis “Chiz” Escudero said on Sunday.

This means Escudero said, the Philippines does not only impose one of the highest income tax rates in Asia, it also has one of the most tedious processes for paying taxes in the world.

“The Philippines is just three notches above Sierra Leone and 12 notches above Sudan in the rankings. In fact, it’s even easier to pay taxes in Iraq, Iran and Afghanistan. What does that say about us?” Escudero asked.

“Where else will you find a country that taxes its people severely and then makes it hard for them to pay?” he said.

The study, called “Paying Taxes 2015,” is an annual research done by PwC and is included in the “Doing Business” project by the World Bank Group. It measures the ease of paying taxes across economies by assessing the time it takes for a medium-size company to prepare, file and pay its taxes; the number of taxes that a company has to pay; the method of payment; and the total tax liability as a percentage of its commercial profits.

In the Philippines, according to PwC, it takes 193 hours for a business to comply with 36 required payments. It put the average taxes and contributions paid by a Philippine employer at 42.5 percent, or 6 percent higher than the average tax rate in the Asia Pacific.

Steve Forbes, chair and editor-in-chief of Forbes Media, said the Philippines needed tax reforms and improved infrastructure if it were to sustain the stability and growth it has achieved in the last five years.

Forbes, who spoke on the sidelines of the Forbes Global CEO Conference in Manila, said the key was to simplify, not raise, taxes to “encourage more entrepreneurs to do business.” He said the Philippines can study and imitate the tax system of Hong Kong.

Hong Kong ranked fourth in the PwC study, with only three tax payments, while Singapore ranked fifth, with five tax payments.

“How can we encourage investors to come and put their money here when a third of that will go to taxes that will be difficult to pay?” Escudero said.

The senator reiterated the need to legislate tax reforms not only to lower the income taxes paid by individuals and businesses but also to streamline the process of payment to encourage non-salaried workers and micro-, small and medium enterprises (MSMEs) to pay due taxes.

Escudero urged Filipinos to make tax reforms an election issue so that more leaders would throw their support behind legislative efforts to amend the Tax Reform Act of 1997.

Make tax reform an election issue

“Everyone is now singing the same tune, even those who were hesitant to support us in the past. And that’s fine. The important thing is to let this campaign for tax reforms gather steam because it is a legitimate issue that begs to be addressed if we want to sustain economic growth,” he said.

The PwC study measured corporate income and other profit taxes, labor taxes, property taxes, dividend taxes, capital gains taxes, road and vehicle taxes, waste collection taxes, and other fees and social contributions required from employers.

According to PwC, the results of “Paying Taxes 2015” “illustrate both successful tax reforms and reform challenges” and provide a platform for government and business “to engage in constructive discussion around tax reform across a broader range of issues.”

The United Arab Emirates and Qatar shared the top spot for ease of payments, requiring only four payments that can be done in 12 hours in the UAE and 41 hours in Qatar. Saudi Arabia ranked third with three payments that can be accomplished in 64 hours.

Bolivia had the worst tax payment procedure with 42 tax payments requiring 1,025 hours.

x x x."

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Judicial affidavit; expanded sample format

October 21, 2015, 10:19 am

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REPUBLIC OF THE PHILIPPINES

xxx Judicial Region

REGIONAL TRIAL COURT

xxx, Rizal

Branch No. xx

HEIRS OF SPS. SERAFIN xxx

AND LUZ xxx, SPS.

LUZ xxx AND

SERAFIN xxx; and

Xxx RESORT,

INCORPORATED, Civil Case No. xxx

Plaintiffs,

- versus – For: Annulment of Transfer

Certificate of Title No.

LEONORA xxx, xxx; Etc.

Annulment of

And Those Acting Under

Her Authority; and the

REGISTER OF DEEDS OF

RIZAL

Defendants.

x---------------------------------------------x

JUDICIAL AFFIDAVIT

(Rule on Judicial Affidavit,

A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : IRENE xxx

Age : xxx;

Address : xxx St., xxx, Rizal;

Occupation : Housewife;

Language : English and Tagalog.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name : Atty. MANUEL J. LASERNA JR.

Address : LASERNA CUEVA-MERCADER LAW

OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,

Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

II. OFFER.

The testimony of the witness Irene Xxx-Xxx is being offered to prove the:

1. The identity of the real property subject matter of this case;

2. The questioned land title in the name of the defendant covering the subject property;

3. The antecedent land titles of the questioned land title of the defendant;

4. The legal history of the antecedent and the current/questioned land titles;

5. The identities of the legal heirs/plaintiffs claiming the subject property;

6. The identities of the predecesors-in-interest/decedents of the said legal heirs/plaintiffs;

7. The legal bases for the claim/prayers of the plaintiffs.

III. JUDICIAL AFFIDAVIT PROPER.

I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath, depose:

Q – Please state your name, age, residence, and occupation of the witness.

A – I am IRENE XXX-XXX, 51 years old, married,

residing at xxx St., xxx, Rizal, and a Housewife.

Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the

same to constitute as my direct testimony, in the above-captioned

civil case.

Q- For the record, please state the name and address of the

Lawyer who is now conducting or supervising your examination and the place where the examination is being held now?

A – The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,

is conducting or supervising my examination now at his law office

(Laserna Cueva-Mercader Law Offices) located at:

Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,

Las Pinas City 1740.

Q – In what language do you want your examination to be conducted?

A – This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in

Tagalog for my convenience and for clarity.

Q – Do you undertake to answer the questions to be asked of you, fully conscious that you will do so under oath, and that you may face criminal liability for false testimony or perjury?

A -Yes.

6. Q – Let us now proceed to the Complaint. Do you know the

plaintiffs “Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the Sps. Xxx)”, namely:

a. Josefina Xxx and

b. The children of Jose Manuel Xxx, namely:

i. Ken Jefferson Xxx,

ii. Kate Jennelyn Xxx,

iii. Katty Jane Xxx, and

iv. Kris Jennifer Xxx?

A – Yes. They are relatives of mine.

7. Q – Do you the plaintiffs “Heirs of (the deceased) Sps. Luz

Xxx-Xxx and Serafin Xxx”, namely:

a. Irene Xxx Xxx and

b. Yvette O. Xxx?

A - Yes.

I am Irene A. Xxx. Yvette O. Xxx is my sister.

8. Q - Do you know the plaintiff “xxx RESORT,

INCORPORATED”, represented in this case by its President

xxx FLORANTE xxx?

A – Yes.

Xxx Resort Inc., thru its President, xxx Florante

Xxx, has bought from the plaintiffs the real property subject matter of this case.

9. Q - Do you know the defendant in this case, LEONORA

XXX?

A – Yes. She is a relative of my mother’s first husband.

My deceased mother was LUZ XXX VDA. DE XXX.

Her first husband was SERAFIN XXX (deceased).

10. Q - Why are your testifying in this case?

A – I am testifying in this case as an heir of the deceased Sps. Luz

Xxx-Xxx and Serafin Xxx.

I am a co-plaintiff in this case.

This case is for:

a. Annulment of Transfer of Certificate of Title No. xxx registered in the name of defendant LEONORA XXX (“Xxx”), and all persons acting under her authority, covering a parcel of land located in Barrio Balimbing, Municipality of Xxx, Rizal (“subject property”);

b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant XXX and persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;

c. Recovery of the possession of the subject property from defendant XXX and persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;

d. DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil Code) and TORT or QUASI DELICT and TORT/DAMAGES (pursuant to Article 2176 and the damages provisions of the Civil Code).

11. Q - Are you familiar with the real property subject matter of this

case?

A - Yes. I live in Xxx, Rizal, where the subject pr0perty is also

located and I always visit the subject property.

12. Q - Can you describe the subject property?

A - Yes. The subject property is a parcel of land registered in the

name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx, issued by the Registry of Deeds of the Province of Rizal on xxx, 1981.

It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an assessed value of Pxxx.

It has an area of xxx SQUARE METERS, more or less.

13. Q - Are you familiar with the history of the land title of the

subject pr0pety registered in the name of the defendant

Xxx?

A – Yes.

I have researched and investigated the history of the

subject property before we filed this case.

I have also interviewed the living elders of our clan (heirs of JuezManuel Xxx) about the history of the subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx, and the lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.

14. Q – Who is the deceased Juez Manuel Xxx?

A - The deceased Juez Manuel Xxx is the grandfather of the

plaintiffs and the defendant Xxx.

He was the original registered owner of a parcel of land under Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in Xxx, Rizal with an area of fifteen (15) hectares.

15. Q – Who was the wife of Juez Manuel Xxx?

A – The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.

The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx, 1924 in Xxx, Rizal.

16. Q – What is the relation of Pelagia Xxx to the subject

property?

A - On xxx, 1922, the late Pelagia Xxx was issued

Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to Sales Patent No. xxx, for a parcel of land located in Xxx, Rizal with an area of xxx hectares.

The property formed part of her conjugal partnership with her husband, the deceased JuezManuel Xxx.

17. Q – When did Juez Manuel Xxx die?

A – Juez Manuel Xxx died on xxx, 1949.

18. Q – When did Pelagia Xxx die?

A - Pelagia Xxx died on xxx, 1957.

19. Q – Who were the heirs of the deceased Sps. Juez

Manuel Xxx and Pelagia Xxx?

A – The heirs of the deceased Spouses Juez Manuel Xxx and

Pelagia Xxx was their only surviving child and their only heir Serafin Y. Xxx.

As the only surviving child and the only heir of the deceased Sps. Juez Manuel Xxx and Pelagia Xxx, Serafin Xxx inherited the abovementioned parcels of land owned by his deceased parents.

20.Q – What legal instrument did Serafin Xxx execute

to cause the transfer of the ownership of the estate of his deceased parents in his name?

A - In xxx 1958, Serafin Xxx executed an Affidavit of

Adjudication.

21. Q - What happened next?

A - On November 10, 1958, Transfer Certificate of Title

(TCT) No. xxx was issued by the Registry of Deeds of the Province of Rizal in the name o Serafin Xxx.

22. Q – Do you know the wife of Serafin Xxx?

A – Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.

23.Q - When did Serafin Xxx die?

A - Serafin Xxx died on xxx, 1958.

24.Q – Who were the legal heirs of Serafin Xxx?

A - The legal heirs of Serafin Xxx heirs were hiswidow Luz Xxx Vda de Xxx and their two (2) children Josefina Xxx and Jose Manuel Xxx.

25. Q – How did the legal heirs of the deceased Serafin Xxx

partition his estate?

A – The parcel of land covered by TCT No. xxx

registered in the name of Serafin Xxx, married to Luz Xxx, with an area of xxx square meters, was subsequently divided into three parcels, with separate three (3) titles, in the names of Luz Vda De Xxx – 1/3; Josefina Xxx– 1/3; and Jose Manuel Xxx– 1/3, to wit:

a. Luz Vda. De Xxx - TCT No. xxx withan area of xxx square meters(representing her conjugal share plus her legitime from the estate of her deceased husband Serafin Xxx);

b. Josefina Xxx - TCT No. xxx with an area of xxx square meters (representing her legitime from the estate of her deceased father Sarafin Xxx); and

c. Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (representing his legitime from the estate of her deceased father Sarafin Xxx).

The Plan of Subdivision Survey made for the estate of the deceased Serafin Xxx (TCT No.xxx) was made by Private Land Surveyor Julian B. Santos in 1959.

26.Q - Are you familiar with the parcel of land covered TCT No. xxx in the name of Luz Vda. De Xxx, the widow of Serafin Xxx?

A – Yes. It is a parcel of land described as Lot 1 of the subdivision

plan (LRC), Psd-xxx; being a portion of the parcel of land described on plan Si-xxx, LRC (GLRO) Rec. No. (Sales Patent), situated in the Barrio of Balimbing, Municipality of Xxx, Province of Rizal, with an area of xxx SQUARE METERS, more or less.

27. Q – When Serafin Xxx died in 1958, how old were his

children Josefina Xxx and Jose Manuel Xxx.

A - At the time of the death of Serafin Xxx in 1958, his two (2) surviving children, namely, Josefina Xxx and Jose Manuel Xxx, were still both minors.

Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old when her Father Serafin Xxx died.

Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year old when his father Serafin Xxx died.

28.Q - Do you know the deceased Gregoria Xxx?

A - Yes. Gregoria Xxx Xxx was an aunt of Josefina

Xxx and Jose Manuel Xxx.

29.Q – What is the relation of Gregoria Xxx Xxx to the

subject property subject matter of this case?

A - During the lifetime of the deceased Gregoria Xxx Xxx

she caused the execution of three (3) simulated and void

Deeds of Absolute Sale covering the parcel of land registered

under TCT No. xxx with an area of xxx square

meters, to wit:

a. Deed of Absolute Sale, dated xxx, 1974, allegedly executed by Luz Xxx Vda De Xxxin favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.

b. Deed of Absolute Sale, dated xxx, 1977, allegedly executed by Josefina Xxx in favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.

c. Deed of Absolute Sale, dated xxx, 1979, allegedly executed by Jose Manuel Xxxin favor of Gregoria Xxx Xxx for Pxxx covering his one-third share on the parcel of land covered by TCT No. xxx.

30.Q – Why do you say that the said three (3) deeds of sale (c. 1974, 1977, and 1979) were void and simulated?

A - The reasons are as follows based on our family records:

a. The alleged signature of Luz Vda De Xxx on the alleged Deed of Absolute Sale, dated XXX, 1974 was not the true signature of Luz Xxx Vda De Xxx.

Thus, the alleged signature of Luz Xxx Vda De Xxx was a forgery.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.

b. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Luz Xxx Vda De Xxx on the parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of consideration.

c. The alleged signature of Jose Manuel Xxxon the alleged Deed of Absolute Sale, dated xxx, 1979 IS NOT the signature of Jose Manuel Xxx.

Thus, the said alleged signature of Jose Manuel Xxx was a forgery.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.

d. Further, the alleged consideration of Pxxx for the sale of the 1/3 share of Jose Manuel Xxx in the land covered by TCT No. xxx was not paid by Gregoria Xxx Xxx.

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of consideration.

e. The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1977 WAS NOT VOLUNTARILY AFFIXED by her as she was INFLUENCED (and was not in a position to decline) to sign the same by her aunt Gregoria Xxx.

The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.

f. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Josefina Xxx on the parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of consideration.

31. Q – What happened next?

A – Based on the aforecited three (3) Deeds of Absolute Sale,

TCT No. xxx was issued in the name of Gregoria Xxx

Xxx by the Registry of Deeds of the Province of Rizal on

December 9, 1980.

Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds of the Province of Rizal in the name of the defendant Leonora Xxx, a niece of Gregoria Xxx Xxx, based on a deed of sale executed by Gregoria Xxx Xxx in favor of the defendant Xxx on xxx, 1979.

It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.

32.Q - Why are you running after the defendant Xxx for

the subject property?

A – We, the plaintiffs, are running after the defendant Xxx in

this case because the legal defects in the title of Gregoria

Xxx Xxx under TCT No. xxx were transferred

to the defendant Xxx as the transferee of Gregoria

Xxx Xxx.

We believe that the parcel of land covered

by TCT No. xxx still belongs to Luz Xxx Vda De

Xxx, Josefina Xxx and Jose Manuel Xxx.

33.Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?

A- Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960.

34.Q - Did the Sps. Luz Xxx and Serafin Xxx have

children?

A – Yes. They had two (2) children, namely, myself, Irene O.

Xxx, married to Jose J. Xxx, and my sister Yvette O.

Xxx.

35. Q - Where is Jose Manuel Xxx now?

A – He died on xxx, 1989.

36.Q – Who are the legal heirs of the deceased Jose Manuel Xxx?

A - The late Jose Manuel Xxx was survived by his four (4)

children, namely:

(1) Ken Jefferson Xxx,

(2) Kate Jennelyn

Xxx,

(3) Katty Jane Xxx, and

(4) Kris Jennifer Xxx. They

are co-plaintiffs in this case.

37. Q – Where is Luz Xxx-Xxx (Luz Vda. De Xxx) now:

A – She died on xxx, 1991.

38.Q – Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?

A. He legal heirs were the following:

a. Her second husband Serafin Xxx;

b. Her children and grand children from her first marriage:

b.1. Josefina Xxx; and

b.2. The children of Jose Manuel Xxx:

· Ken Jefferson Xxx;

· Kate Jennelyn Xxx;

· Katty Jane Xxx; and

· Kris Jennifer Xxx.

c. Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvette Xxx.

39.Q – Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?

A – He died on xxx, 2008.

40.Q- Who are his legal heirs?

A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased Luz Xxx are:

a. Josefina Xxx;

b. The children of Jose Manuel Xxx; and

c. The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., myself Irene Xxx-Xxx and my sister Yvette Xxx.

41. Q -What is your computation of the shares of the plaintiffs from the subject property?

A – Their shares are as follows:

a. Josefina Xxx - xxx square meters;

b. Children of Jose Manuel Xxx, sharing equally among them:

· Ken Jefferson Xxx,

· Kate Jennelyn Xxx,

· Katty Jane Xxx, and

· Kris Jennifer Xxx

- xxx square meters;

c. Irene Xxx-Xxx - xxx square meters;

d. Yvette Xxx - xxx square meters.

The total of the above sharing is xxx square meters.

42.Q – What is the relation of Xxx Resort to the subject property?

A - The plaintiffs Heirs of Sps. Xxx have sold the subject

property to the XXX RESORT, INC., represented by its

President xxx FLORANTE XXX, as contained in the “Deed

of Extrajudicial Partition; with Deed of Absolute Sale; Waiver of

Rights; and Special Power of Attorney, dated xxx, 2012.

In the said deed, the plaintiffs have also executed a special power

of attorney in favor of xxx Xxx and the lawyers for the

plaintiffs, Atty. Manuel Laserna Jr. and/or Atty. Myrna

Mercader to represent them in all stages of this case.

43.Q – What reliefs do you seek from the Court?

A – We seek the following reliefs:

a. The annulment of TCT No. xxx registered in the name of defendant LEONORA XXX.

b. The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant LEONORA XXX (and those acting under her authority) in favor of co-plaintiff XXX RESORT, INC. as the BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.

c. The recovery of the possession of the subject property from defendant LEONORA XXX (and those acting under her authority) in favor of XXX RESORT, INC. as the BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.

d. The award of the following damages based on the provisions of ABUSE OF RIGHT and TORT or QUASI DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles 2176 (tort/quasi delict) and Title XVIII (“Damages”) of the Civil Code, to wit:

d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx for their physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock and social humiliation of the lead plaintiffs Heirs of the Sps. Xxx;

d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx by way of example or to serve as correction for the public good.

d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal services of the Laserna Cueva-Mercader & Associates Law Offices as the Legal Counsel of XXX RESORT, INC., plus appearance fee per hearing in the amount of Pxxx per hearing;

d.4. Litigation costs in the amount of P100,000.00;

d.5. Costs of suit.

44.Q – What documents do you wish to submit to the Court?

A – We hereby reiterate our “EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK OF COURT TO MARK THE COMMON EXHIBITS”, dated xxx, 2015, and support of our earlier “EX PARTE MANIFESTATION (ADOPTION OF SELECTED DEFENDANT’S EXHIBITS AS PLAINTIFFS’ COMMON EXHIBITS)”, dated xxx, 2015, we, by counsel, manifested to the Court that we were ADOPTING as COMMON EXHIBITS the following exhibits previously introduced by the defendant Xxx which were attached to the Judicial Affidavit of the first witness for the defendant Xxx in the person of LIGAYA xxx, to wit:

“X x x.

1. As Exhs. “A” to “A-5” for the plaintiffs - Exh. “1” to “1-E” of the Xxx judicial affidavit, i.e., TCT No. M-xxx, with submarkings, including the last page entitled Memorandum of Encumbrances.

2. As Exhs. “B” to “B-4” for the plaintiffs - Exh. “2” to “2-B” of the xxx judicial affidavit, i.e., DEED OF ASSIGNMENT executed by GREGORIA XXX, with submarkings.

3. As Exh. “C” to “C-3” for the plaintiffs - Exh. “3” to “3-C” of the Xxx judicial affidavit, i.e., TCT NO. M-xxx, with submarkings.

4. As Exh. “D” to “D-1” for the plaintiffs - Exh. “4” to “4-(not legible)” of the Xxx judicial affidavit, i.e., TCT NO. xxx, with submarkings.

5. As Exh. “E” for the plaintiffs - Exh. “5” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE executed by LUZ XXX VDA. DE XXX, consisting of one (1) page.

6. As Exh. “F” for the plaintiffs - Exh. “6” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE executed by JOSE MANUEL XXX, consisting of one (1) page.

7. As Exh. “G” for the plaintiffs - Exh. “7” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUYE SALE executed by JOSEFINA XXX, consisting of one (1) page.

8. As Exh. “H” for the plaintiffs - Exh. “8” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.

9. As Exh. “I” for the plaintiffs - Exh. “9” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.

10. As Exh. “J” for the plaintiffs - Exh. “10” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.

11. As Exh. “K” to “K-11” for the plaintiffs - Exh. “16” to “16-FF” of the Xxx judicial affidavit, i.e., VARIOUS OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued to Defendant LEONORA V. XXX (marked as Exhs. “16” to “16-Z” for the Defense) and issued to xxx DEV. CORP. (marked as Exhs. “16-AA” to “16-FF” for the Defense).

12. As Exh. “L” to “L-1” for the plaintiffs - Exh. “16-GG” to “16-JJ” of the Xxx judicial affidavit, i.e., TAX DECLARATION NO. xxx (Exh. “16-GG”, etc.) and TAX DECLARATION NO. xxx (Exh. “16-II”, etc.), consisting of two (2) pages.

13. As Exh. “M” for the plaintiffs - Exh. “19” of the Xxx judicial affidavit, i.e., topographical map showing the location of LOT NO. 1 (LRC) PSD – xxx, A (area) = xxx sq. m., M-xxx.

X x x.”

45. Q – What else, if any?

A – I hereby introduce, for marking purposes, the following exhibits which were already attached to the Complaint as Annexes “A” to “JJ” thereof.

I ask that they be marked as Exhs. “N” to “XX” to correspond to their specific Annex Markings in the Complaint. To wit:

Annex “A” in the Complaint, the same to be marked as Exh. “N” hereof – Xxx Resort, Incorporated Board Resolution No. xxx, series of 2012;

Annex “B” in the Complaint, the same to be marked as Exh. “O” hereof – TCT No. xxx in the name of Leonora Xxx;

Annex “C” in the Complaint, the same to be marked as Exh. “P” hereof – Tax Declaration No. xxx in the name of Leonora Xxx;

Annex “D” in the Complaint, the same to be marked as Exh. “Q” hereof - Certificate of Title No. xxx in the name of Juez Manuel Xxx;

Annex “E” in the Complaint, the same to be marked as Exh. “R” hereof - Certificate of Title No. 4 in the name of Pelagia Xxx;

Annex “F” in the Complaint, the same to be marked as Exh. “S” hereof - Negative Marriage Contract of Juez Manuel Xxx and Pelagia Xxx;

Annex “G” in the Complaint, the same to be marked as Exh. “T” hereof – Certificate of Death of Juez Manuel Xxx;

Annex “H” in the Complaint, the same to be marked as Exh. “U” hereof – Certificate of Death of Pelagia Xxx;

Annex “I” in the Complaint, the same to be marked as Exh. “V” hereof - Negative Certification of Birth of Serafin Xxx;

Annex “J” in the Complaint, the same to be marked as Exh. “W” hereof - Affidavit of Adjudication of Serafin Xxx;

Annex “K” in the Complaint, the same to be marked as Exh. “X” hereof – Notarial page of the Notarial Book of Notary Public xxx;

Annex “L” in the Complaint, the same to be marked as Exh. “Y” hereof – TCT No. xxx in the name of Serafin Xxx;

Annex “M” in the Complaint, the same to be marked as Exh. “Z” hereof – Marriage Contract between Serafin Xxx and Luz Xxx;

Annex “N” in the Complaint, the same to be marked as Exh. “AA” hereof – Certificate of Death of Serafin Xxx;

Annex “O” in the Complaint, the same to be marked as Exh. “BB” hereof – Certificate of Birth of Josefina Xxx;

Annex “P” in the Complaint, the same to be marked as Exh. “CC” hereof – Certificate of Live Birth of Jose Manuel Xxx;

Annex “Q” in the Complaint, the same to be marked as Exh. “DD” hereof – TCT No. xxx in the name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

Annex “R” in the Complaint, the same to be marked as Exh. “EE” hereof – TCT No. xxx196257 in the name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

Annex “S” in the Complaint, the same to be marked as Exh. “FF” hereof – TCT No. xxx in the name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

Annex “T” in the Complaint, the same to be marked as Exh. “GG” hereof – Plan of Subdivision Survey for Serafin Xxx for Si-xxx, described in TCT No. xxx;

Annex “U” in the Complaint, the same to be marked as Exh. “HH” hereof – Alleged Deed of Absolute Sale of Luz Xxx, dated May 25, 1974, allegedly in favor of Gregoria Xxx;

Annex “V” in the Complaint, the same to be marked as Exh. “II” hereof - Alleged Deed of Absolute Sale of Josefina Xxx, dated xxx, 1977, allegedly in favor of Gregoria Y. Xxx;

Annex “W” in the Complaint, the same to be marked as Exh. “JJ” hereof - Alleged Deed of Absolute Sale of Jose Manuel Xxx, dated xxx, 1979, allegedly in favor of Gregoria Y. Xxx;

Annex “X” in the Complaint, the same to be marked as Exh. “KK” hereof – TCT No. xxx in the name of Gregoria Y. Xxx;

Annex “Y” in the Complaint, the same to be marked as Exh. “LL” hereof - Marriage Contract between Luz Xxx and Serafin Xxx;

Annex “Z” in the Complaint, the same to be marked as Exh. “MM” hereof – Certificate of Live Birth of Irene Xxx;

Annex “AA” in the Complaint, the same to be marked as Exh. “OO” hereof – Certificate of Live Birth of Yvette Xxx;

Annex “BB” in the Complaint, the same to be marked as Exh. “PP” hereof - Certificate of Death of Jose Manuel Xxx;

Annex “CC” in the Complaint, the same to be marked as Exh. “QQ” hereof – Certificate of Live Birth of Ken Jefferson Xxx;

Annex “DD” in the Complaint, the same to be marked as Exh. “RR” hereof – Certificate of Live Birth of Kate Jennelyn Xxx;

Annex “EE” in the Complaint, the same to be marked as Exh. “SS” hereof – Certificate of Live Birth of Katty Jane Xxx;

Annex “FF” in the Complaint, the same to be marked as Exh. “TT” hereof – Certificate of Live Birth of Kris Jennifer Xxx;

Annex “GG” in the Complaint, the same to be marked as Exh. “UU” hereof – Negative Certification of Death of Luz Xxx-Xxx;

Annex “HH” in the Complaint, the same to be marked as Exh. “VV” hereof – Negative Certification of Death of Serafin Xxx;

Annex “II” in the Complaint, the same to be marked as Exh. “WW” hereof - Deed of Extrajudicial Partition; with Deed of Absolute Sale; Waiver of Rights; and Special Power of Attorney; dated xxx, 2012; between the Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and Serafin Xxx.

Annex “JJ” in the Complaint, the same to be marked as Exh. “XX” hereof - SPA of Josefina Xxx and Jose Xxx, as attorneys-in-fact of the above-named “lead plaintiffs”.

46.Q – Anything else?

I hereby introduce the following additional exhibits to prove the forgery, lack of consideration, and lack of consent of Luz Xxx Vda. De Xxx, Jose Manuel Xxx, and Josefina O. Xxx regarding the void and simulated 1974, 1977 and 1979 deeds of sale that they executed in favor of Gregoria Xxx, to wit:

a) Exh. “YY” – “Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga”, dated xxx 1964, executed by Luz Xxx.

It shows the true signature of Luz Xxx.

b) Exh. “ZZ” – “Kasulatan Ng Sanglaan”, dated xxx 1960, executed by Luz Xxx.

It shows the true signature of Luz Xxx.

c) Exh. “AAA”– “Signature of Jose Manuel Xxx on his Catholic Cursillo prayer guide called “Gabay Ng Manglalakbay”, c. 1980s.

d) As to the signature of Josefina O. Xxx in the questioned 1977 deed of sale, the same was true, but she signed it under the influence of Gregoria Xxx and without any consideration.

At that time, she had just recovered from a 6-month coma at the intensive care unit of the old xxx Hospital, xxx City, after a serious head injury caused by a vehicular accident.

47. Q- Anything else?

A - Yes.

I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and arguments contained in our Complaint and all the supporting documents annexed thereto, the same to form part and parcel hereof.

48.Q - Anything else?

A – Yes.

I hereby manifest that during the main trial of the merits of this case, we, the plaintiffs, intend to file a motion for questioned document and handwriting examination by the National Bureau of Investigation (NBI) of all questioned documents and signatures involved in this case, as discussed above.

I further manifest that, during the trial on the merits of this case, we intend to present additional corroborating witnesses to prove our claims and prayers in the Complaint.

49.Q – Why did it take you and your co-plaintiffs more than 30 years before you filed a case in court against the defendant Xxx to assert your rights in the subject property?

A – We did not have the financial resources and the clout to launch a legal fight against the rich and influential Xxx Family to recover the subject property.

When we sold our rights and interest in the subject property to Xxx Resort, Inc. three (3) years ago that was the only time we acquired the necessary resources and courage to commence this action with the support.

Furthermore, the said delay should not be taken against us.

We believe that a void and simulated contract, as in this case, is invalid ab initio and that the action to nullify it is imprescriptible under the Civil Code and existing jurisprudence, hence, as far as we are concerned, the defense of laches is inapplicable.

Nothing Follows.

X x x City, xxx, 2015.

IRENE A. XXX

Affiant/Co-Plaintiff

SUBSCRIBEDand sworn to before me in xxx City on xxx ____, 2015, affiant showing his/her competent proof of identity, to wit: Comelec VIN xxx.

Notary Public

Doc. No. __

Page No. __

Book No. __

Series of 2015.

IV. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.

· Exh. “A” to Exh. “AAA”, supra.

V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF THE WITNESS.

The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law office address are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740, under oath, deposes and states:

1. He is the Legal Counsel for the plaintiffs in the above-entitled case;

2. He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the above-named witness gave;

3. Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers; and

4. He conducted the examination of the witness at his law office located at Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

xxx City, xxx, 2015.

Atty. MANUEL J. LASERNA JR.

Affiant

SUBSCRIBEDand sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her competent proof of identity, to wit: SSS Member ID No. xxx.

Notary Public

Doc. No. ___

Page No. ___

Book No. ___

Series of 2015.

Copt Furnished:

Xxx LAW OFFICES

Counsel for Defendant LEONORA XXX

xxx Floors

xxx CENTER

xxx Ave. corner xxx St.

xxx, xxx City

xxx City

Reg. Rec. No.

Date PO

Register of Deeds of Rizal Province

Office of the Register of Deeds

Of Rizal Province

Binangonan, Rizal

Reg. Rec. No.

Date PO

EXPLANATION

A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant Leonora Xxx, and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail due to the great distances of their respective addresses, due to the urgency of filing the same, and due to the lack of field personnel of the undersigned counsel at this time.

Manuel Laserna Jr.

↧

Pigilan ang Pamilyang Marcos sa Pagbubura ng Kanilang Krimen sa ating Kasaysayan - Raissa Robles.

October 21, 2015, 10:59 am

≫ Next: Stopping the Marcoses from erasing their crimes from history - Raissa Robles.

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See Preventing Family Marcos Deletion of Their Crimes in our History

"Xx x.

I speech about the Mark I spoke at the University of the Philippines (UP) in 2014. It was translated into English by Cha Coronel Datu, for free . I am most grateful to Cha. Please share, please, friends and extended family. - Love, Raissa Robles

The original English can be read here on this link.

Good morning. Before I begin, I'm going to have a story for you.

Here in this building, I first met Imee Marcos. He performed was the main actor in the Tagalog version of a table in English titled "Animal Farm". Professor Jonas Sebastian's director. And I am the Stage Manager.

I remember Jonah had to change some lines are spoken by Imee in this drama because there are similarities in the summary really happening in our country at that time. Because of the "Animal Farm" on a failed revolution. As it turned out then, it also occurs Marcos called the "Revolution from the Center". Gradually ring was never distracted.

Until the expelled people of Marcos. Gradually, those successor government also seemed different versions as well as "Animal Farm".

Now the Marcos family is back, and if they are magsikilos if nothing happened "People Power Revolution" in EDSA in 1986.

A growing number are expecting to gain seats Filipino Marcos came to power in Malacañang. Many of these Filipinos are born after the events of EDSA.

I will try to explain the reasons as Ferdinand Marcos - a brutal, savage murderer and dictator - is now looked upon as heroes by some younger Filipinos, after only twenty-five years of his death and twenty eight years also after his dictatorship.

I'll also reveal how his wife Imelda and their three children are back now in the range of nakakariwasa and who are in our society. Besides there is still admired even now.

This is a lesson to corrupt, steal a little bit, the defeated you in jail. Preferably the utmost steal like Marcos.

I explicitly used the word "stealing" because the court itself said countries Switzerland, in a historic judgment in 2003, the money kept by the Marcos banks in their country comes from criminal procedure. More than a billion dollars belonging to the stealth of Marcos sent a court of Switzerland in the Philippines.

If that were not, why not one of the Marcos have been gaol? Three of them are now sitting position and holding the power?

I have seen three reasons.

First - The generation that toppled the couple dictatorship is thought to be due to their extremely brutal and greedy to the enrichment and enjoyment of power, there is no need to remind people about it.

Forgotten by the People Power generation one-document or record Marcos plethora of knowledge of the next generation.

There were also spelled Nick Joaquin book entitled "Quarter of the Tiger Moon" and there was also the "coffee table book" about people power.

But until now, the book "History of the Filipino People" written by historians from Teodoro Agoncillo UP and is used by many schools to teach history (History) is still not changed, still added the contemporary Marcos reigned and the many years that followed afterward

Consequently, the next generation has no idea why the strong and beautiful - the Mighty and the Beautiful - made legend by Marcos about themselves - was violent and Mapurot in real life.

In Waray, meaning "mapurot" is ugly and undesirable.

Not all of the intellectual property is being kuntsaba the Mark. They become propagandists and write what publications Marcos was instructed. So ashamed they let everyone know they did during Martial Law.

Yung building where the UP Asian Center before the center was the thinker and the mouthpiece research or think-tank of Marcos. The former is called the Philippine Center for Advanced Studies or PCAS. Their leader is Col. Joe Almonte. Any study the order of Mark, they did it.

I know this because as a newly graduated college then, I work there as a dog-writing the "script" with the radio series entitled History of the Philippines . I left before becoming the subject of this series Marcos.

In the absence of comprehensive reports in our history that deals with the Marcos regime, the Marcos family was able to sell the new generation voters lies in the following:

1. That the Martial Law is a good and humane dictatorship
2. That there have been victims of abuses of human rights at that time. Said that Ferdinand's, that's like saying they are victims seeking monetary compensation only.
3. That our economy was thriving at the time of Marcos.
4. Mark the greatest presidents because he built buildings such as the Cultural Center, Folk Arts Theater, Film Center, Heart Center, Kidney Center, Lung Center, and San Juanico Bridge. You will see this expression of "social media" such as Facebook and Youtube.

One to discuss them.

Marcos called his regime a good dictatorship (benevolent dictatorship), or martial law seemed to be smiling. The truth - fear prevailed throughout the country and claims wry smile.

Catholic school I attended, a directive from the sisters immediately conveyed to our students. Our lunch or "lunchtime", said drug eat three-three or more. Because such groupings are considered illegal or "illegal assembly" of Martial Law.

What was so more women teen-ager about being subversive? I do not even know the meaning of it then.

But that only made Marcos repression of the people.

The military and police can simply pick anyone from the streets or from their own homes.

And must be careful in each of jokes about Mark and the New Society.

It was only ousted the Marcos eventually realizes Filipinos truly shocking picture of the abuses occurred during the New Society. Babababa not ten thousand of those killed or mistreated and tortured.

Here are some counting to show how bad the situation of abuse of human rights and how cunning as much as those who tried to oppose the new society - as predominant as a dictator Marcos and while his wife Imelda Minister The Housing (Human Settlements) pagsiya indulge in shopping in other countries, with an estimated seven hundred victims are added each month to the number of victims of abuse.

Ie each day he was in power, there are twenty three new victims every day. Or in his fourteen years as dictator, a Filipino was killed or tortured every single time.

Even the great governor of Ilocos Norte Imee Marcos has blood on his hands. A student from Mapua, Archimedes Trajano, once asked him - should the son of the President to lead the Youth Barangay?

A few days after his inquiry to Imee, found that only Trajanong dead. Investigators say killed him by rambulan the fraternity.

Trajano's mother sued in America against Imee Marcos. His mother won the case.

Although I was not an activist, I know the arrests happening because my father was a professor at the UP Law played a role in the release of some of those arrested. One was Gerry Barican. I'm not sure if the other man, Herminio Sonny Coloma. And one of them, I think, is definitely having a shake of my late father in the afterlife. His name is Gary Olivar - those propagandists of President Gloria Arroyo.

The striking here is they all three became presidential spokesman or spokesman for the president.

I can laugh about it now. But at the time, the help of my father made resulted not good for our family. Suddenly said the BIR (Bureau of Internal Revenue) if they do not believe that we are poor. If only they had visited the house, they would have enlightened their sinsasabing indescribable suffering of our family.

Repeatedly we charged BIR to pay higher taxes. My mother came from a neighbor BIR employees for help. Said to him, everything will seem like "assessment" for which a year that if we can lift the palm for some of the BIR.

Whenever this occurs then, my mother pulls our budget for food expenses. I remember that sometimes nakakabili we were unable food because my mother in a customer nagpapatahi him.

So even though I'm not an activist, I know what results when you do not adhere or conform Marcos.

And not just that, took the family of Marcos and Imelda Romualdez who practices in the media - on TV, on radio and on radio.

Not shown by the media was actually going to war in Mindanao - the war which were Nur Misuari, Hashim Salamat and Murad Ebrahim have united together to fight against the Moro National Liberation Front.

Approximately sixty thousand to eighty thousand civilians and rebels have been killed in Mindanao from 1972 to 1976. More than a million residents were evacuated.

Marcos changed the map of that part of the Philippines, Palawan, Philippines removed and divided the left to lead the commander of his army.

Marcos's actions in Mindanao and the inefficiency of the people of Luzon about it was the fireplace to have a lack of confidence among the people of Mindanao and Luzon meeting. It also added the lack of understanding about the purpose of the Muslim desire for autonomy.

Let us discuss now the achievements or the "achievements" of Marcos during Martial Law. Certainly he built the building as well as the bridge I mentioned at the beginning of his twenty years in power - from December 30, 1965 to February 25, 1986.

But how much? And much as his commission? Yung overpricing ?

Since become President Marcos in 1965, the debt or foreign debt of our country is less than a billion dollars (US $ 1 B) only. When he left his family, ballooned our debt and take twenty-seven billion dollars (US $ 27B), nearly twenty-six billion gains (US $ 26 B). Ie over one billion dollars per annum accrued sitting Marcos.

The estimate of "Presidential Commission on Good Government" built in 1986, the amount stolen by Marcos will reach ten billion dollars (US $ 10 B). The cost is forty percent (40%) of the amount owed his regime.

Those who love Marcos, they did not mention the debt that he left. They also mention another consequence of the Marcos administration in our country - the massive fall in the value of the peso.

When Mark won the elections in 1965 with the promise to re-magnify our country, a dollar is equal to three dollars and ninety cents (P3.90) only.

When he declared Martial Law was developed for a New Society, fallen six dollars and seventy-seven cents (P6.77) the equivalent of a dollar. When Benigno Ninoy Aquino died in 1983, fell in the amount of eleven pesos (P11) the equivalent of every dollar. When Marcos fled the 1986, twenty pesos (P20) that its equivalent.

Ie the genuine achievements of Marcos - more than twenty-five billion dollars (US $ 25 billion) to be added to our account, the collapse of the peso from P20 P3.90 reaches the equivalent of a dollar, and possibly twenty billion dollars (US $ 20 billion) to bribe.

Additionally, there are also many poor as described Smokey Mountain. There are also numerous Filipinos being exported or sent to the Middle East to be cheap workers in different countries.

Consider this: According to the conviction of former Supreme Court Chief Justice Renato Corona in 2003 to the Civil 0141 or those "civil forfeiture case" against Marcos, their "net worth" when they left $ US957 , 487.75 - or more than a million dollars.

I explained how now worth US $ 356 M attached to their "account" bank in Switzerland that are not made it by the government of Switzerland since 1986 and instead sent to the Philippines after.

Add more on this - to explain Imelda Marcos had three collections of jewelry worth four million dollars (US $ 4 M). One of the collection will be sent to the Government of the Philippines. But more recently has come Bongbong the Supreme Court and reversible appeal the decision because it was not actually included this collection of our government in their case (forfeiture suit in the Supreme Court).

He said there's an engaging - says Sen. Ferdinand Marcos ya have to apology President Benigno for the failure to rescue the people of Hong Kong to become hostage to the tourist bus incident in 2010. He says hard raw I understand her refusal to seek pardon.

But Marcos and his family even never asked forgiveness of their victims of abuses of human rights. For them, there were victims like this.

Due to these actions and words, we can conceive, why did really wants to be President Ferdinand. Because for the cases dismissed about their families and prevent the confiscation of their stolen wealth?

Indicated that the government auctioning off the jewelry.

That's a big mistake. The jewelry is owned by Filipinos. Was the price of it is the blood of the Marcos regime and abused their failed promises of a better future. These should be part of our tribute to the enormous robbery and corruption that occurred during the dictatorship, so it will not happen again.

Did you know that I tried to take a photograph of the jewelry it was the Commission and this says to me is not as it seems it will be up still under trial. But did you know, these jewelry is published in a "coffee table book" titled "Thoroughly Imeldific".

There were mistakes in how ispan been edging Filipinos many memories of this jewelry. Imelda describes an advocate or "patroness" of art and devoted to the "truth, goodness, and beauty". Never thought that really should remember that this jewelry is his being "shopaholic", which indiscriminately used the taxes paid by the people for his own pleasure. Nilaspag the money he would have used it to help many impoverished Filipinos living.

For those like Irene Vinluan fan of Marcos, such popularization of their corruption is a nobody. This is what he wrote on the Facebook page's daughter Imee Marcos:

"I love Marcos! During the time of his Presidency, despite of his corruption, at the same time, he also did good for the country, the streets were cleaner, not much street crimes, the Philippines was one of the richest in Asia. "
(I love the Mark. At the time he was president, even if he is corrupt, at the same time, there are still good that he gave to our people, clean streets, just a little crime, the Philippines is one of the richest in Asia.)

We change the name Marcos Hitler and Germany use instead of the Philippines, and read as follows:

I love Hitler. At the time he was Chancellor, even though he was corrupt, with it, there is still good that he gave to our people, clean streets, just a little crime, that Germany is one of the richest in Europe.

Kanyo not justified?

Wrong. Marcos himself said that one of those he studied in preparation for the declaration of Martial Law is how Hitler had his power in Germany.

By the way, did not exist without Marcos convicted by a court of criminal. Imelda Marcos was convicted of corruption crimes on September 24, 1993 and sentenced to twenty-four years in jail. But for unexplained reasons - or according to others is also apparent reason - the Solicitor General then President Fidel Ramos has dismissed the complaint and told the Supreme Court that they were wrong to accuse Imelda.

The second reason why nearly sank into oblivion the evils committed by the Marcos took advantage because they and their supporters some Filipino tends to spread their version of events.

Here the attitude I'm talking about:

The first is respect for your elders.

Marcos used it and called "Apo", meaning the Ilokano is nakatatandaang male authority.

Imelda Marcos and in turn, no matter how ridiculous talk and even turn its overwhelming added to our debt because of his habit pagsiya shopping, binbigyan still respect him because he is old.

One of my vivid memories of the past to leave the Mark my visit to Malacañang. As a reporter about politics for the newspaper Business Day , I entered the palace and allowed to move around any part of it.

Bea Zobel was the wife of Jaime Zobel and his friend Mercy Tuazon is located in and also helps the inventory of the deceased with Mark.

Have you ever seen the Rustan's? , One of them asked me. I said no.

They brought me into a room at the back of the room of Imelda Marcos. All his shoes there. And a large stack of her panty and bra. But one caught my attention was that in her bathroom. This is a BIG bottle of expensive perfume, about the size and almost filled the flesh. I think not empty then if you just spray daily, consumed only if ipapaligo its content.

I also remembered that each room has a bunch of wilted flowers. Large amount if the cost was Imelda flowers imported, according to the Commission reporting.

After the death of Ferdinand Marcos in 1989, another Filipino but profited by his family: 'Do not speak evil of a late.

This practice is in conflict with the proper writing of our kasaysaysayan. I understand that very few draws course History of UP. It is no fun. It is a pity. A country can not move forward if it does not learn the lessons of history.

I salute those who keep writing about history without it profit a lot of money.

The third tends Filipino throwing Marcos denouncing them is this - Forgive your enemies.

Someone who does not forgive his enemies napapagsabihang vindictive. And if he is a politician, said he used politics paghihigant1.

I remember when President Corazon Aquino, says Manoling Morato was Chairman of the Board of Censors, raw should stop speaking poorly about Marcos to prevail so that the unity of all.

Now we are reaping the results of this counsel, until now, insists the son of Marcos and his wife who have done Mark, there was no abuse of human rights, and he was the greatest President of the Philippines accelerated.

The fourth Filipino customs, I mention the greatest threat to our future - Do not blame the sins of the father to his children.

As well as activists and former Congressman Satur Ocampo, defended the strange alliance of Bayan Muna with Marcos in 2010 through the use of this argument. Ocampo said that they did not collect the child.

But my son has long been an accomplice of the father and mother. Previously he had tried to use a person ordered to withdraw their money hidden in Switzerland. And the son as it is now the legal administrator of the deceased father's property. Before it, this child is also one of the named beneficiary of US $ 356M father has been stolen and deposited in banks in Switzerland.

These secret bank accounts in Switzerland they used aliases or different names. But also signed the Marcos couple of separate documents stating they belong to the same bank account. They also signed documents stating who will be beneficiaries or receive money if they die.

In February, 2011, I was privileged Marcos mapatabi with a lunch at a press conference held by the Foreign Correspondents Association of the Philippines, I gave him a few questions.

In answer to my question, he said that he would continue the steps to reach agreement or compromise settlement between them and the government about the case of Mark and assets pursuing them by the government. But he confirmed that he was the beneficiary of the money in banks in Switzerland.

These are his remarks had asked if he could confirm that he was one of the named beneficiary of millions of dollars deposited in banks in Switzerland:

"I can not confirm because I have not seen or read them. We - I do not know. I can not - I can not say that I know. Definitely the Swiss money were there. Or are there now. It's for us - again this constant - that people are saying - participating more and more in that - "
(I can not confirm because I have not seen or read it. We - I do not know. I can not - I can not say I know. I'm sure there's money in Switzerland was. Or was there now. It's for us - again it was repeated - say people - increasingly participate there -)

Poor boy, he was not read. As I myself read a copy of the documents left by their father in Malacanang in a hurry to leave in February 1986.

Nakapagtatataka not trying the sons of the dictator returned to the field of politics the name of their father.

For example, there are many events held in Ilocos Norte led by Gubetnador Imee Marcos that the aim is to pay tribute to their father, Ferdinand Marcos. Last year they performed:

1. "President Mark Cup" for lovers hunt

2. A rock concert named "Da Real Makoy Concert 2"

3. A dance called "Marcos Fiesta 2013 Flash Mob" about the life of Mark

4. And the battle of debate, "The First Intercollegiate Debates Sirib Ferdinand Marcos in 2013

Mark my birthday, September 11, they called Mark Day.

Flashing contest Imee Marcos of "Little Macoy and Imelda Little Sing-alike", there are also "Mark Quiz", and "Mark Heritage Trail Free Tour".

In 2012, the authorities published the Marcos family a book about art and culture during their father's presidency.

And of course, there was also the ongoing display of waxed Marcos figure or figures as well as a museum in his memory.

The aim of all this is to confirm the version of the Mark of their role in our history. In less than Facebook and Twitter, it is done only in Ilocos. But not anymore.

Also used Mark's Facebook and YouTube to make it appear that their father was the greatest president of the Philippines.

How to change views about Mark?

The Social Weather Station (SWS) had inquired about the sentiments of the Filipino concerning Mark. In 1998, twelve years after his departure the map, they carried out a survey and compared it with the previous survey.

These are their findings:

1. Regarding the proposed "Marcos steal the wealth of the nation", the public opinion has changed from not pleasant (unfavorable) in 1986 was "neutral" or neutral in 1995 and 1998.
2. Regarding the measure was "a brutal and oppressive president", also changed the sentiments of public opinion split from in 1986 has been conducive in 1995 and 1998.
3. Regarding the proposed Imelda Marcos is really guilty or not guilty to charges of pangangwalta or graft, half of respondents in the SWS believe he was really guilty and fourteen percent said he was innocent.

Was not that a Filipino tradition mentioned should not speak poorly about the dead?

In 1998, Dr. Mahar Mangahas of SWS wrote about the dramatic change in public opinion about Ferdinand Marcos.

He gave two reasons.

He said that on the one hand, the softening of opinion about Marcos has to do with demographics. Seniors with life-including youth and replaces the area.

He added that in his view, because it is also because the existence of Marcos in 1986 and in 1995 he died. He also noted that the results of the survey indicates no character but Marcos of the Philippines. Because not many of us would resent more than a dead person, even for someone like Marcos.

But what about establishing the truth of history? And ensuring that the truth will prevail in every generation?

In 2011, have recovered considerably Marcos in the opinion of the people. SWS asked those Filipinos who they think the first three Filipino hero. Topping the list are Jose Rizal, Bonifacio, and Ninoy Aquino.

And Mark was on the list - he mentioned 5.1% of the survey. Please vote only say it's devoted to his Ilocano. But why more than topped Ramon Magsaysay and Lapu-lapu?

The third reason why I changed the outlook concerning Mark and his family back again is the kind of leadership in our country since 1992 - or six-year recession Marcos. Since President Ramos took office, started the planning of harmony or "compromise settlement" between the Marcos government.

By 1993, there was this conflict: seventy-five percent (75%) of plundered Mark goes to the government, while twenty-five percent (25%) remain in the Marcos family, levy no tax at all. All charges against them will be withdrawn as well. Who knows how much booty that you really value?

Just imagine if you did not petition the late lawyer, lawyer, Frank Chavez to the Supreme Court to prevent the agreement, surely billions of pesos of the Marcos enjoy effortlessly.

President Joseph Estrada succeeded Ramos still tried to push this agreement. Fortunately, the high court dismissed this and any future conversations about it.

The decision to write to the Associate Justice Artemio Panganiban said this:

"The waiver of all claims against the Marcos would be a virtual warrant for all public officials to amass public funds illegally, since there is an option to compromise their liabilities in exchange for only a portion of their ill-gotten wealth."
(The abandonment of forfeiting the proceeds of assets Marcos is like an explicit authorization of all government officials to enrich themselves with the people's money anyway they also have the opportunity to undertake the latter for mere fraction of their stolen .)

That is the message of Mark to all politicians, not true. If you steal, steal big.

What can we make of Filipinos?

My wife a newspaper writer (journalist) was repeatedly telling me that Berlin is a center for recording or documenting the crimes of the Nazis. We need something like this for Marcos did, especially the records of the tortured, the report by Amnesty International about this time, and direct statements of people from different sides, including The Marcos.

My husband has collected a list of references (sources) on its website hotmanila.ph. But he has faced. Hot Manila is the first Filipino satirical site, started fourteen years ago. This is the first nagpabalita a story about Love Bug virus.

There was a meeting in Berlin who told me that in their country, children were awakened with the crimes of Hitler. Marcos crimes should also be written in our history books.

In addition to writing books, the academic arrive mapapagkatiwalaang list of references of Martial Law. A historiography of Martial Law.

And we need to deal with support and fans of Mark and challenge their delusions and makes deleting history.

Marcos destroyed our country and now they conceal their crimes.

Remember that during the Martial Law, the existence of this conversation is impossible. We will be arrested before an hour later.

That we are free to speak today is a testament to how far we have come in our democracy. Till now we are talking about the possible return of Marcos in the center of the stage show was dangerous to shrink and forgetfulness.

I want to show you two souvenir from the time of Marcos.

Night evacuate Marcos from Malacañang, my husband climbed the fence in Malacañang. But before that, he cut barbed wire outside the palace.

Marcos fears because his own countrymen.

It was what I call "Macky Watch". This gold watch given to the guest at one of their birthday celebrations in 1977. This was given to me by a good friend.

Symbolized by barbed wire in the absence of punishment for crimes (impunity) of the Marcos dictatorship. I watch is a symbol of bluff, especially that of Imelda Marcos.

Let us love saga of Mark - the Strong and Beautiful.

It must be replaced - the violent and Mapurot - ugly and undesirable.

xx x. "

↧

Stopping the Marcoses from erasing their crimes from history - Raissa Robles.

October 21, 2015, 11:03 am

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See - Stopping the Marcoses from erasing their crimes from history

"x x x.

I would like to thank the Third World Studies Center, its director Dr. Ricardo Jose, the forum moderator Dr. Luisa Camagay, and Dr. Teresita Maceda for inviting me to speak at the forum.

My speech was based on documents and my personal experiences during and after Martial Law.

There are, however, some variations between the text and my actual speech since I inserted some additional explanations and anecdotes during the speech.

I also added a third reason to explain why the Marcoses are back in power.

x x x.

Good morning. Before I begin, let me tell you a personal story.

This building, once upon a time, was where I first met Imee Marcos. She was the main actor in a Tagalog version of Animal Farm directed by Prof. Jonas Sebastian. And I was the play’s stage manager.

I recall that Jonas had to change some of her lines because these would hit too close to home. Because Animal Farm was about a revolution that went bad. Just like what was then happening with Marcos’ “Revolution from the Center.”

Well, Marcos was overthrown. And slowly, succeeding governments turned into versions of Animal Farm.

Today, the Marcoses are back, and behaving as if the 1986 Edsa People Power Revolution never happened.

A growing number of Filipinos – many of them born after EDSA – are even hoping to put Senator Ferdinand “Bongbong” Marcos in Malacañang Palace two years from now.

Let me try to deconstruct how Ferdinand Marcos, a brutal, murderous and greedy dictator, could even be considered a hero by a number of Filipinos 25 years after his death and 28 years after his tyrannical rule.

Let me try to deconstruct how his widow Imelda and their three children are now back in the highest rungs of society. And much admired.

It’s a key lesson to all grafters: Steal small, you end up in jail. You’ve got to steal big like the Marcoses.

I use the word “steal” without equivocation because the Swiss Federal Court itself described in its 2003 landmark ruling that returned close to US$1 billion dollars of what the Marcos loot had become – that all that money was – and I quote – “of criminal origin.”

If that is the case, why is no Marcos in jail? In fact, why are three of them in positions of power?

Let me offer ~~two~~ three reasons.

ONE – The foremost reason is that the generation that overthrew the Marcos conjugal dictatorship thought that the regime was so brutal and so greedy in its accumulation of wealth and power, that people did not need further reminding of it.

The People Power generation forgot to document all these for future generations.

Sure, Nick Joaquin came out with the book Quarter of the Tiger Moon. And there was that coffee table book on People Power.

But to this day, the History of the Filipino People written by UP historians Teodoro Agoncillo and Milagros Guerrero – which a lot of schools continue to use as their history textbooks – has not been updated to include the Marcos years and the years afterward.

Consequently, the succeeding generations really have no idea why si Malakas at si Maganda – the Powerful and the Beautiful – that was the myth propagated by the Marcos couple about themselves – are really si Marahas at si Mapurot.

In Waray, “mapurot” means ugly and undesirable.

Part of the reason is that many intellectuals who could have written about that era were co-opted by the dictatorship to become propagandists or to turn out think tank reports. They are therefore ashamed to reveal what they did during Martial Law.

The building where the UP Asian Center used to be was the seat of Marcos’ think tank. It was called the Philippine Center for Advanced Studies or PCAS. Its head was Col. Joe Almonte. Whatever study Marcos wanted, it churned out.

I know because as a young graduate, I was hired to do radio scripts for its Kasaysayan ng Lahing Pilipino series. I quit before the series touched on Marcos.

In the absence of an extensive history covering the Marcos regime, the Marcos family was able to hawk the following myths to new voters:

1.That Martial law was a “benevolent dictatorship”

2.That there were no human rights abuses during the period. As Senator Bongbong Marcos said, the alleged victims are only after money.

3.That the economy boomed under Marcos

4.That Marcos was the greatest president since he built the most number of infrastructure, notably the Cultural Center, Folk Arts Theater, Film Center, Heart Center, Kidney Center, Lung Center and San Juanico Bridge. You can see this particular claim all over the social networking sites Facebook and Youtube.

I’ll take these up now one by one.

Marcos called his regime a “benevolent dictatorship”, a “smiling Martial Law”. The reality was that fear prevailed throughout the country and the smile was grotesque.

In the Catholic school which I attended, a directive came down from the nuns after Martial Law was declared. Henceforth, during lunchtime, we were banned from eating three or more to a table. Because that would be a form of “illegal assembly.”

What do girls not even in their teens know about subversion? I had no idea what it meant at that time.

But that was how much Marcos controlled the population.

The military and the police could also pick up anybody at will on the street or right in their homes.

And one had to be very careful about making jokes about the Marcoses and the “New Society” in public.

It was really only after the Marcoses fell that Filipinos got to know the full horror of his New Society. There were at least 10,000 human rights victims who were killed, or were tortured and survived.

Just to give a rough calculation of how bad the human rights situation was and the extent of dissent against his New Society – for every month that Marcos held on as a dictator while his wife, Human Settlements Minister Imelda Marcos, indulged in shopping sprees abroad, 700 human rights victims would be added to the roster.

Or for each day he was in power as dictator, there were 23 new victims. Or almost every hour of the 14 years he remained a dictator, nearly one citizen was killed or tortured.

Even the beautiful Governor of Ilocos Norte, Imee Marcos, has blood on her hands. A student from Mapua namedArchimedes Trajano once questioned her – whether the daughter of the President had to head the Kabataang Barangay.

Trajano was later found dead. Investigators claimed he died in a frat rumble.

Trajano’s mother filed a lawsuit in the US against Imee Marcos. The mother won the lawsuit.

Although I was never an activist I knew arrests were going on, because my father, who was a UP Law Professor, played a role in getting some of them out of jail. One was Gerry Barican. I’m not sure if another was Herminio Sonny Coloma. Another was someone who I believe would have made my father turn in his grave today. His name was Gary Olivar – President Gloria Arroyo’s propagandist.

This is interesting. All three became presidential spokesmen.

I can laugh about this now. But at that time, my father’s actions had serious consequences for my family. The Bureau of Internal Revenue suddenly told my father they could not believe he was that poor. If only the BIR had conducted a home visit, it would clarify what they thought was his unexplained poverty.

The BIR kept hounding him for high tax payments. In desperation, my mother turned to a neighbor employed at the BIR. He told her that the assessment for that year would be settled provided she paid something “for the boys”.

Every time that happened, my mother had to take it out of our food budget. I remember there were times that we were able to eat only because a customer of my mom, who sewed dresses, would suddenly pay her.

And so, even though I wasn’t an activist, I knew first-hand the consequences of dissent against Marcos.

And that’s not all. Marcos and his in-laws, the Romualdezes, had nearly total control of Philippine media – the TV, Radio and newspapers.

The Marcos-Romualdez-controlled media did not show the true extent of the Mindanao wars – the wars when Nur Misuari, Hashim Salamat and Murad Ebrahim fought as one under the banner of the Moro National Liberation Front.

An estimated 60,000 to 80,000 civilians and rebels died in Mindanao between 1972 and 1976. Over one million residents fled.

Marcos redrew the southern Philippine map, wrenched Palawan away from Mindanao, partitioned the south, and gave these to his various military commanders to govern.

Marcos’ actions in Mindanao and the ignorance of the people of Luzon about these, would fuel mistrust between the two populations and add to the misunderstanding of why the Muslim south wants autonomy.

Let me go now to Marcos’ “achievements” during Martial Law. It is true that he built those buildings and that bridge in the 20 years he was in power – from December 30, 1965 to February 25, 1986.

But at what cost? And how much was his commission? His tongpats?

When he became president in 1965, the Philippine foreign debt was less than US$1 billion. By the time he and his family fled, this had ballooned to US$27 billion – a nearly US$26 billion increase. That’s over US$1 billion per year.

The Presidential Commission on Good Government that was formed in 1986 estimated that the Marcoses had managed to loot up to US$10 billion. That’s 40% of what his regime borrowed.

But those who love him never talk about the foreign debt his government left behind. Nor do they talk about one other key achievement of his governance – the substantial devaluation of the Philippine peso.

When Marcos was elected in 1965 on the promise that “This nation will be great again”, the value of the peso was P3.90 to the dollar.

When he proclaimed Martial Law in order to build a New Society in 1972, the peso had sunk to P6.77 per dollar. When Senator Benigno Ninoy Aquino was assassinated in 1983, the peso plummeted to P11 per dollar. And when the Marcoses fled in 1986, it was P20 per dollar.

Those are the real achievements of Marcos – a US$25 billion increase in foreign debt; a nosediving peso from P3.90 to P20; and possibly US$20 billion in payoffs.

On top of that, there is the grinding poverty symbolized by Manila’s Smokey Mountain and the export of Filipinos as slave labor to the Middle East.

Please consider this: According to the 2003 judgment issued by former Supreme Court chief Justice Renato Corona on Civil Case 0141 or the civil forfeiture case against the Marcoses’ Net Worth was US$957,487.75 or under ONE MILLION DOLLARS when they fled in 1986.

So how do the Marcoses even account for the US$356 million which the Swiss government unilaterally froze in 1986 and later gave back to the Philippine government with interest?

In addition, how does Imelda Marcos account for her three jewelry collections worth a combined US$4 million? Last month, one collection was awarded to the Philippine government. But last week, Senator Bongbong Marcos submitted an appeal to have the decision reversed, saying the government never specified this particular collection in its forfeiture suit.

He also said a curious thing last week – he said Pres. Benigno Aquino should apologize for the botched rescue of Hongkongers who were taken hostage in a tourist bus in 2010. He said, “the refusal to apologize I find hard to understand.”

Bongbong Marcos and his family have never apologized to the human rights victims. They don’t exist as far as they’re concerned.

This raises serious questions why Bongbong Marcos wants to be president in the first place. Is it to quash all pending cases against the Marcos family and to retrieve the assets?

The government has hinted it will auction off the jewelry.

That would be a gross mistake. The jewelry belongs to the Filipino people. It was acquired with the blood of human rights victims, and the shattered promise of a better future. It is part of our process of remembering as a people the grand-scale plunder and corruption that took place during the dictatorship, and that should never ever happen again.

Do you know that I tried to obtain photos of the jewelry from PCGG and I was told not yet because this is under litigation? But do you know that the same pieces of contested jewelry have been published in a coffee-table book called “Thoroughly Imeldific”?

The public does remember Imelda Marcos’ jewelry but in the wrong context. The jewelry projects her as a patroness of the arts and a lover of “the true, the good, and the beautiful.” It does not remember her as the shopaholic who diverted for her own pleasure the tax money that should have helped the poor.

For Marcos lovers like Irene Vinluan, such displays of corrupt practices apparently does not matter. She wrote on the Facebook page of Marcos’ daughter, Imee:

“I love the Marcoses! During the time of his Presidency, despite of his corruption, at the same time, he also did good for the country, the streets was cleaner, not much street crimes, the Philippines was one of the richest in Asia.”

Let’s replace the word “Marcos” with Hitler; and use Germany instead of the Philippines, and see how that reads:

“I love Hitler! During the time of his Chancellorship, despite of his corruption, at the same time, he also did good for the country, the streets was cleaner, not much street crimes, Germany was one of the richest in Europe.”

Unfair?

Not at all. Marcos himself disclosed that one of the things he studied in preparation for declaring Martial Law was how Hitler took control of Germany.

By the way, it is not true that no Marcos was ever criminally convicted. Imelda Marcos was convicted of corruption on September 24, 1993 and sentenced up to 24 years in jail. But President Fidel Ramos’ solicitor general inexplicably – some would say explicably – threw the case away by telling the Supreme Court ti was wrong to accuse her.

TWO – Another reason why we have this serious memory gap about the Marcoses’ evil deeds is that they and their supporters are exploiting certain cultural norms and Filipino values to help them propagate their own version of reality.

Here are four such norms:

The first norm is – Respect your elder.

Ferdinand Marcos exploited this by calling himself “Apo” , which in Ilocano means “elder person in authority.”

And Imelda Marcos, no matter how foolish she sounds and how much in debt she sunk the Philippine treasury because of her wanton shopping sprees, is still accorded similar respect because she’s old.

One of the things I vividly remember the day after the Marcoses fled was my visit inside Malacanang Palace. As a political reporter for Business Day newspaper, I was able to get inside the palace and I could go anywhere.

Bea Zobel, wife of Jaime Zobel and and her friend Mercy Tuazon were both inside helping to tally up the goods that had been left behind.

“Have you seen Rustan’s”, I remember one of them telling me. “No,” I said.

They led me to a room beneath Imelda’s room. All her shoes were there. Plus stacks and stacks of underwear and brassieres. But one thing that struck me was inside her bathroom. It was a HUGE bottle of branded perfume which was nearly as tall as I am and which was nearly full. I don’t think you could have finished it by spraying it in one lifetime unless you bathed in it.

I also remember that every room had bunches of wilting flowers. Imelda Marcos spent a princely sum on imported flowers, according to PCGG findings.

When Ferdinand Marcos died in 1989, his family and supporters exploited a second cultural norm: Do not speak ill of the dead.

This one goes against the very writing of history. I understand that the history major in UP is now an endangered specie. This is crazy. This is sad. This is pathetic. A nation cannot move forward without drawing lessons from its past.

I salute those who continue writing history despite financial challenges.

The third cultural norm that Marcos lovers throw at critics is – Forgive your enemies.

A person who does not forgive his enemies is often labeled vindictive. And if he’s a politician, he’s called politically vindictive.

I remember that during the presidency of Corazon Aquino, the board of censors chief Manoling Morato said the public should stop demonizing Marcos in the spirit of reconciliation.

We are now reaping the consequences of that advice. Marcos’ children and his wife to this day insist their father did no wrong; there were no human rights abuses; and he is the country’s greatest president.

The fourth cultural norm has very serious implications for the country’s future. And this is – Do not bring the sins of the father on his children.

Even the left-wing activist, former Congressman Satur Ocampo, justified Bayan Muna’s strange political alliance with Bongbong Marcos in 2010 using this very argument. Ocampo said, “We are not collecting from the son.”

But the son has long been in cahoots with his father and mother. He early on tried to get someone to withdraw the stash from Switzerland. In fact the son is now the legal executor of his father’s estate. And long before that, the son was one of the named beneficiaries of the US$356 million Swiss bank accounts.

You see, the Marcoses’ secret Swiss accounts were all under pseudonyms. But the Marcos couple had to sign separate documents saying they owned these accounts. They also had to sign another set of papers naming their beneficiaries in case they died.

In February 2011, I was lucky enough to be seated at the same luncheon table as Senator Bongbong Marcos during a press conference of the Foreign Correspondents Association of the Philippines. I was also able to ask him questions.

In answer to my questions, he told me he would continue to pursue a compromise settlement with the government on the Marcos cases and frozen assets. But he refused to confirm that he was named a beneficiary in the Swiss accounts.

Here is a direct quote of what he said when I asked him to confirm that he was a named beneficiary of multi-million dollar accounts in Switzerland:

“I cannot confirm because I haven’t seen or read them. We – I don’t know. I cannot – I cannot say that I know. Definitely the Swiss money were there. Or are there now. It’s for us – again this constant – that people are saying – more and more participating in that –”

Poor boy, he hasn’t read them. And yet I have read copies of those documents which his father forgot in Malacanang Palace as they left in haste in February 1986.

Understandably, the dictator’s children are trying to reinstate their father politically.

But they are doing it with our tax money.

For instance, many key activities of Governor Imee Marcos for Ilocos Norte is intended to praise her father Ferdinand Marcos. Last year, she held the:

“President Marcos cup” for practical shooting;
A rock concert called “DaReal Makoy Concert 2”;
A “Marcos fiesta 2013 Flash Mob Full” which details the life of Marcos in dance; and
“The First Ferdinand Marcos Sirib Intercollegiate debates 2013.”

September 11, Marcos’ birthday, was dubbed “Marcos Day”.

Imee Marcos held a “Little Macoy and Imelda sing-alike”, a “Marcos quiz”, a “Marcos heritage trail free tour.”

In 2012, the family published a book on the arts and culture of the Marcos era.

And of course there is the year-round exhibit of Marcos’ waxed figure as well as a museum of remembrance.

All these are intended to project the Marcos version of history. Before Facebook and Twitter came about, such goings-on would have been confined in Ilocos. But not anymore.

The Marcoses are now using Facebook and YouTube to project their father as the greatest president this country ever had.

How attitude to the Marcoses have changed

The Social Weather Stations has tried tracking public sentiment regarding Ferdinand Marcos. By 1998, 12 years after he was booted out, SWS took a poll and compared it with previous similar polls it had taken.

SWS said it found the following:

On the statement that Marcos was a “thief of the nation’s wealth”, public opinion “shifted from unfavorable in 1986 to neutral in 1995 and 1998.”
On the statement that he was a “brutal and oppressive president”, public sentiment shifted “from a split opinion in 1986 to a favorable opinion in 1995 and 1998.”
On the statement that Imelda Marcos was definitely guilty or not guilty of graft, SWS found that half thought she was “definitely guilty” and only 14% said she wasn’t.

Remember the cultural norm, do not speak ill of the dead?

In 1998, SWS’ Dr. Mahar Mangahas wrote about “a remarkable softening of public opinion towards Ferdinand Marcos”.

Mangahas gave two reasons.

He said,

“Part of the softening towards Marcos is simply due to demographics. The old pass away, and the youth take their places.”

He added that:

“Another part, in my view, was due to the fact that in 1986 Marcos was still alive and unrepentant in exile, whereas in 1995 he was already dead.” He added that the survey results were “not about the character of Marcos but about the character of the Filipino people. Not many of us would care to hold a grudge against someone long dead, not even someone like Ferdinand Marcos.”

Dr. Mangahas talked about holding a grudge against Marcos.

But what about keeping a historical truth constant? Making sure the truth survives generations?

By 2011, Ferdinand Marcos had made a remarkable comeback in public consciousness. When SWS asked respondents to identify their “top three most identified Filipino heroes,” Jose Rizal, Andres Bonifacio and Ninoy Aquino topped the list in that order.

However, Marcos even made the list – cited by 5.1% of respondents. One could say that is the loyal Ilocano vote at work. However, he even bested Ramon Magsaysay and Lapu-Lapu.

A third reason, I believe, why Marcos has been rehabilitated and the Marcoses are back in power is the kind of leadership we have had since 1992 – or six years after the Marcos fall. As soon as President Fidel Ramos warmed his seat in Malacañang, plans were afoot to forge a compromise settlement with the Marcoses.

By 1993, one was drawn up and it went something like this: 75% of the Marcos loot would go to the government. But the Marcos family would keep 25%, tax free. All their cases would be dropped. And who’s to say what the total loot really was.

Just think. If the late Atty. Frank Chavez had not petitioned the Supreme Court to stop this deal, the Marcoses would have walked off with billions of pesos, no sweat.

President Joseph Estrada, who succeeded ~~Marcos~~ Ramos, tried to push the same deal. Fortunately in December 1998 the Supreme Court threw out the deal and all future talks of compromise.

Associate Justice Artemio Panganiban who penned the decision wrote then that:

“The waiver of all claims against the Marcoses would be a virtual warrant for all public officials to amass public funds illegally, since there is an option to compromise their liabilities in exchange for only a portion of their ill-gotten wealth.”

That is the message of Marcos to all politicians, actually. If you must steal, steal big.

What we can do as Filipinos

My husband, who is also a journalist, has repeatedly pointed out to me that Berlin has a documentation center for Nazi crimes. We need to have the same that document what the Marcoses did: especially the actual records of torture, Amnesty International reports of that era and first-person accounts from all sides , including those of the Marcoses.

My husband has compiled a short list of sources in his satirical website hotmanila.ph. But he has been unable to work on it. Hotmanila is the oldest satirical site, put up 14 years ago. It broke the story on the Love Bug virus.

A Berliner told me last October that school children are told of Hitler’s crimes. The Marcos crimes should be written down as well – in black and white – in our history books.

Besides writing such books, academics can compile – online and offline – a list of credible references about Martial Law. A historiography of Martial law.

And we need to engage the Marcos lovers online, by vigorously challenging their delusions and their attempts to erase history.

The Marcoses destroyed our country and now they are covering up for their crimes.

Please note that during Martial Law, a seminar like this would have been impossible. All of us would have been arrested within an hour.

That we are speaking freely now is a testament to how far we have gone in our democracy. That we are still talking about the Marcoses’ probable comeback to center stage shows how dangerously we are regressing and forgetting.

I would now like to show you two souvenirs from that era.

On the night the Marcoses fled Malacanang Palace, my husband scrambled over the gates of Malacanang. But before that, he took this piece from the barb wire outside Malacanang.

Marcos was afraid of his own people.

This is what I call my “Macky watch.” It’s a gold watch that was given to guests during his birthday celebration in 1977. It was given to me by a dear friend.

The barb wire symbolizes the impunity of the Marcos dictatorship. The watch symbolizes the extravagance, especially of Imelda Marcos.

Remember the Marcos myth – si Malakas at Maganda?

That should be changed to – si Marahas at Mapurot – ugly and undesirable.

x x x."

↧

SC upholds decision vs PEA board on overpriced Macapagal Blvd

October 21, 2015, 11:12 am

≫ Next: Grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service

≪ Previous: Stopping the Marcoses from erasing their crimes from history - Raissa Robles.

See - SC upholds decision vs PEA board on overpriced Macapagal Blvd

"x x x.

MANILA, Philippines – The Supreme Court (SC) on Tuesday, October 20, upheld a 2003 decision by the Ombudsman against several officers of the Public Estates Authority (PEA) and other respondents over the alleged overpricing of the Diosdado Macapagal Boulevard project in 2002.

In affirming the Ombudsman's ruling, the High Tribunal junked the petitions filed by Victor Lacson, Raphael Pocholo Zorilla, Cristina Amposta-Mortel, Manuel Berina Jr, Jaime Millan, Bernardo Viray, Frisco Francisco San Juan, Carmelita De Leon-Chan, Daniel Dayan, Salvador Malbarosa, Leo Padilla, Elpidio Damaso, and several other respondents.

The case stems from the allegedly anomalous bidding and implementation of the infrastructure project, which aimed to alleviate flooding and road congestion along Roxas Boulevard in Manila.

According to a Commission on Audit report, private contractor JD Legaspi Construction was paid more than P837 million, above the original contract price of more than P584 million.

In 2002, former PEA board member Sulficio Tagud filed a complaint-affidavit with the Ombudsman, saying that the project was overpriced and that the contractor's requests for price adjustments were approved by the 2001-2002 PEA board directors.

In 2003, the Ombudsman found probable cause to file graft charges against the respondents for giving unwarranted preference to JD Legaspi despite its lack of compliance with mandatory bidding procedures and requirements.

In February 2015, anti-graft court Sandiganbayan found 12 PEA officials and private contractor Jesusito Legaspi guilty of violating the anti-graft law.

The court sentenced the accused to imprisonment of 6 to 8 years, with perpetual disqualification from holding public office.

As civil liability, they were also ordered to reimburse the government the cost of the improper contract price adjustment and the cost for the Seaside Drive Extension, amounting to a total of more than P100 million.

x x x."

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Grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service

October 21, 2015, 12:13 pm

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See - Ex-TRC boss, 4 others barred from gov’t service | Inquirer News

"x x x.

FORMER Technology Resource Center (TRC) Director General Dennis Cunanan and four other officials of the state-owned agency have been permanently barred from public service by the Office of the Ombudsman for their alleged role in the P10-billion pork barrel scam.

In a statement, Ombudsman Conchita Carpio Morales said Cunanan et al. were found administratively liable for the alleged misuse of P101 million in pork barrel allocations of former House members Alvin Sandoval (Malabon-Navotas), Anthony Miranda (Isabela) and Constantino Jaraula (Cagayan de Oro) that were released to bogus foundations through the TRC.

The former TRC officials were immediately dismissed from government service. The antigraft body also forfeited their retirement benefits and canceled their civil service eligibility.

“[They] facilitated, processed and approved the illegal disbursement of public funds orchestrated by Sandoval, Jaraula and Miranda,” Morales said.

“[They were] found … guilty of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service,” she said.

During its investigation, the Ombudsman said it discovered that the projects were awarded by the TRC to nongovernment organizations (NGOs) without a public bidding being conducted.

It said the TRC officials also failed to check the financial capability and track record of the foundations.

The TRC accepted fake liquidation reports, list of recipients and beneficiaries, inspection reports, progress reports and other documents which the NGOs submitted regarding the release of the Priority Development Assistance Fund (PDAF), the formal name of the pork barrel, of the three former congressmen.

Aside from Cunanan, also dismissed from office were TRC chief accountant Marivic Jover, budget officer Consuelo Lilian Espiritu, sales and promotion officer Belina Concepcion and internal auditor Maurine Dimaranan.

Cunanan, a former student activist, is also facing a string of graft, malversation and bribery charges in the Sandiganbayan in relation to the pork barrel scam.

x x x."

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Senior citizen’s ID

October 22, 2015, 4:13 am

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See - BusinessWorld | Senior citizen’s ID: one less thing to remember

"x x x.

Unfortunately, while the intention of the law is to promote social justice, there are times when its implementation is afflicted by legal ambiguities. As shared by my mom, there were instances when she was denied the senior citizen’s discount (one of the benefits under the Expanded Senior Citizens Act) just because she had a “senior moment” and forgot to bring her Senior Citizen’s Identification Card (“ID”) issued by the municipality where she resides.

This practice seems to be based on Article 6 of the Implementing Rules and Regulations (“IRR”) of the Expanded Senior Citizens Act which requires senior citizens or their duly authorized representatives to present the Senior Citizens’ Identification Card issued by the Office of Senior Citizens Affairs (“OSCA”). On the basis of this provision alone, the denial of senior citizens’ discounts by some suppliers, due to the failure to present a Senior Citizen’s ID, would seem to be justified.

However, this should not be the case. Article 6 of the IRR should be interpreted in harmony with Article 5.5 of the same implementing rules. Article 5.5 enumerates the identification documents that a senior citizen may use to avail of the benefits and privileges granted under the law. In fact, these documents are reiterated in Revenue Regulations (“RR”) No. 11-2015 recently issued by the Bureau of Internal Revenue (“BIR”).

The said regulations clarified that, in implementing the tax privileges under the Expanded Senior Citizens Act, the senior citizen may use or present any of the following documents:

• Senior Citizens’ ID issued by the OSCA in the city or municipality where the senior citizen resides;

• Philippine passport; or

• Government-issued ID which reflects the name, picture, date of birth and nationality of the senior citizen. This includes Digitized Social Security ID, Government Service Insurance System ID, Professional Regulation Commission ID, Integrated Bar of the Philippines ID, Unified Multi-Purpose ID, and Driver’s License.

Thus, based on the IRR and as clarified by the BIR, the Senior Citizens’ ID should only be one among many other documents that may be used by senior citizens in availing of the benefits and privileges granted by the law, particularly the 20% senior citizens’ discount and exemption from value-added tax (“VAT”).

To limit the entitlement of our senior citizens to the benefits granted to them, just because they failed to present the Senior Citizens’ Identification Card issued by OSCA, would be in clear contravention of the objectives and purpose of the Expanded Senior Citizens Act. Among its policy intents are to establish mechanisms whereby the contributions of the senior citizens are maximized, and to adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole.

Thus, suppliers of goods and services (e.g., drug stores, hospital pharmacies, etc.) should interpret the law consistent with the legislative spirit of extending the privilege to its targeted beneficiary -- the senior citizens. After all, they can always claim the discount and the input VAT as additional items of deduction from their gross income provided they comply with the conditions set forth under the rules. This includes keeping a separate record of the sales which contains the information of the senior’s citizen’s identification document as provided by RR 11-2015.

I have read on the Internet that “To care for those who once cared for us is one of the highest honors.” (Tia Walker, The Inspired Caregiver). Hopefully, the issuance of RR No. 11-2015 (effective 15 Oct. 2015) will help clear up any confusion and give additional assurance to our senior citizens that they will be able to enjoy their benefits and privileges as accorded by law.

Maria Ysidra May Y. Kintanar-Lopez is an Assistant Manager at the Tax Services Department of Isla Lipana & Co., the Philippine member firm of PwC network.

may.y.kintanar@ph.pwc.com.

x x x,"

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Deportation

October 22, 2015, 4:35 am

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See - Pemberton won't be deported yet, DOJ chief clarifies | News | GMA News Online

"x x x.

Newly appointed Justice Secretary Alfredo Benjamin Caguioa on Thursday clarified that US Marine Lance Corporal Joseph Scott Pemberton cannot be deported while the murder case against him is still pending with a Philippine court.

And if he is found guilty of killing Filipina transgender woman Jeffrey "Jennifer" Laude, Pemberton will still have to serve his sentence first before he can be deported, added Caguioa.

"In the case of US Marine Lance Corp. Joseph Scott Pemberton, the murder case filed against him... is still pending trial before an Olongapo City Regional Trial Court," said Caguioa in a statement.

"Hence, Pemberton is under the jurisdiction of the trial court and the deportation order issued by the Bureau of Immigration cannot be implemented during the pendency of the trial on the case," he added.

Caguioa's clarification comes after a Bureau of Immigration declaration that Pemberton was an undesirable alien.

The justice secretary said it was within the BI's jurisdiction to determine a foreigner's undesirability, arising from the person's existing criminal or civil cases.

The BI's declaration that an alien is undesirable will result in his deportation, he added.

Pemberton is accused of killing 26-year-old Laude, who was found dead inside a lodge in Olongapo City on Oct. 11, 2014. The two were last seen entering the lodge after meeting in a bar.

Pemberton was earlier transferred from the US Navy ship USS Peleliu docked in Subic to a US facility in Camp Aguinaldo in Quezon City.

The murder case is being handled by Judge Roline Jinez-Jabalde of the Olongapo Regional Trial Court Branch 74. —JST, GMA News.

x x x."

- See more at: http://www.gmanetwork.com/news/story/541620/news/nation/x.rafomedia.comstory/541620/news/nation/pemberton-won-t-be-deported-yet-doj-chief-clarifies#sthash.vLz41ac2.dpuf

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A void in the law: Comelec can’t stop early poll campaigning

October 22, 2015, 8:17 am

≫ Next: Loopholes in the legal system

≪ Previous: Deportation

See - Comelec can’t stop early poll campaigning | Headlines, News, The Philippine Star | philstar.com

"x x x.

MANILA, Philippines - Due to a Supreme Court (SC) ruling in November 2009, the Commission on Elections (Comelec) cannot do anything about candidates who campaign before the start of the official campaign period next year.

According to Comelec Chairman Andres Bautista, premature campaigning is no longer in the statute book because of the SC’s decision on the Comelec vs. Penera case.

Bautista said the SC ruling had superceded the election laws, which used to consider electioneering outside of the campaign period as an election offense.

“If you look at the decision of the Supreme Court on the Penera case, you can only engage in prohibited campaign acts during the campaign period. Essentially, before that, you are free to do anything,” he noted.

The Comelec was planning to come up with guidelines for activities that are allowed and not allowed in the wake of the Penera ruling.

Bautista maintained that a draft had been formulated but it does not prohibit campaigning activities.

“What we are saying is that there is a void in the law,” he added.

“I think the call is on Congress to be able to come up with a law that would spell out with clarity which actions are allowed from this period until the campaign period and which should not be allowed,” he added.

The SC ruling upheld the provisions in Republic Act 9369 – the Poll Automation Law – that “any person who files his certificate of candidacy (COC) shall only be considered as a candidate at the start of the campaign period” and that “unlawful acts applicable to a candidate shall be in effect only upon start of the campaign period.”

Under manual elections, the campaign period starts on the day after the last day of filing of the certificate of candidacy (COC).

But since the automation of elections in 2010, the filing of COC was pushed forward to allow the Comelec to pre-print the names of the candidates, positions and polling precincts on the ballots.

For the May 9, 2016 elections, the campaign period for president, vice president, senators and party-list groups runs from Feb. 9 to May 7, while for local positions it will be from March 5 to May 7.

x x x."

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Loopholes in the legal system

October 22, 2015, 9:44 am

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See - anna patricia valerio , Legal loopholes

"x x x.

Legal loopholes

BY ANNA PATRICIA G. VALERIO

Special Features Writer, BusinessWorld

BY GIVING OFFICIALS a chance to skirt the rules, vague laws – whether in wording or intent – undermine the country’s legal system.

Loopholes in the 1987 Constitution itself, says Atty. Manuel Laserna, Jr., who specializes in the litigation of judicial and quasi-judicial cases, can invite injustice and disorder. Meanwhile, the interpretation – and misinterpretation – of ambiguous laws, he says, may rock the stability of the justice system as an institution. “It places at risk the doctrines of res judicata (which states that adjudicated issues cannot be litigated again) and stare decisis (which requires courts to adhere to principles established by decisions in earlier cases).”

An example is House Bill 6974 or the CyberCrime Prevention Act of 2009, which according to Kabataan Party-list representative Mong Palatino, is a vaguely worded measure that can be used to stifle the public’s freedom of expression and violate their right to privacy. More recent examples are the foggy election laws that allowed candidates to overspend on their campaigns for the national elections in May.

A month earlier, the hight court had been the target of widespread criticism after it permitted then President Gloria Macapagal-Arroyo to appoint the next chief justice – despite an election ban on midnight appointments under Article VII, Section 15 of the Philippine Constitution.“The net effect is the diminution of the respect of the people in the Supreme Court as the last bulwark of Philippine democracy,” says Mr. Laserna.

Indeed, the law’s occasional obscurity shouldn’t be taken as a window for corruption. The preliminary chapter of the Civil Code, says Mr. Laserna, requires courts to settle controversies surrounding cryptic provisions. “Ignorance excuses no one from compliance with these basic tenets,” he says.

A solution to such legal puzzles may lie in the void-for-vagueness doctrine, which according to Mr. Laserna states that “a law which on its face or text is vague, undefined, and without clear standards and yet imposes a penalty, is a void law and its nullity is ab initio (from the start).” But even the clause can be subject to exploitation. “The situation gives the Judiciary a chance to adopt and create a policy – [a duty of the] legislative territory – and not simply to interpret the law,” he adds.

Moves to address these issues are already in place. “The militant civil society [as well as] the militant parts of the legal profession [and the] academe have in some instances managed to correct the debilitating effects of ambiguous laws,” says Mr. Laserna. But only the state can nip it in the bud.

In formulating new laws, the legislative body must make sure that these comply with the letter and the spirit of the Constitution. “Congress must be responsible, industrious, intelligent and selfless in the performance of its legislative duty,” says Mr. Laserna. The Executive branch, for its part, should be more vigilant in choosing which decrees should be made official. Part of this precaution lies with the President, who’s tasked with crosschecking these mandates through his veto power. Lastly, the judicial branch should interpret laws according to the intent of the Constitution. “[The Supreme Court is] the last resort to which the people can run for the fair administration of justice,” adds Mr. Laserna.

But this burden is not shouldered by the government alone. Civil society and the media must make a constant effort to question, correct and criticize the loopholes in the legal system.“Public opinion is the ultimate defense against a failed government,” says Mr. Laserna.

***

BusinessWorld

September 15, 2010

S5/1

SPECIAL FEATURE: Top Notch RP Law Schools

Legal loopholes

Anna Patricia G. Valerio

x x x,"

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How To Reconstitute Or Replace Lost/Destroyed Land Titles

October 22, 2015, 9:58 am

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See - How To Reconstitute Or Replace Lost/Destroyed Land Titles

"x x x.

How To Reconstitute Or Replace Lost/Destroyed Land Titles

Updated on May 5, 2015 by Cherry Vi Saldua Castillo

I have been thinking of the possible problems that may crop up due to the lost or destroyed land titles brought about by Typhoon Yolanda in Tacloban and other parts of the country. There is a danger that con artists will take advantage of the situation to scam land owners and buyers of real estate. Learn how you can reconstitute or replace lost/destroyed titles and prevent yourself from being victimized by these heartless people.

At A Glance...

1 Why you need to protect your land titles

2 How to protect your land titles from floods, fire, and natural disasters

3 Reconstitution or replacement, what’s the difference?

4 Reconstitution of land titles under Republic Act (R.A.) No. 26, as amended by R.A. 6732

4.1 Administrative reconstitution

4.2 Flowchart: Administrative reconstitution

4.3 Judicial reconstitution

4.4 Flowchart: Judicial reconstitution of titles

5 Replacement of lost/destroyed owner’s duplicate certificates under PD 1529

6 Land titles lost/destroyed by Typhoon Yolanda/ Haiyan (November 2013)

7 Outsource the reconstitution or replacement of lost titles

8 Prevention is better than cure

8.0.1 “An ounce of prevention is worth a pound of cure.”

8.0.2 ~ Benjamin Franklin

Why you need to protect your land titles

Before we dive into how lost land titles can be reconstituted or replaced, let’s tackle why you should protect them in the first place.

Obviously, your property needs to have a title, if you are going to sell your property and proceed with the transfer of ownership.

If you think there is no urgency to get your lost title reconstituted or replaced if you have no plans of selling your property in the near future, think again.

Unfortunately, there are a lot of unscrupulous people out there who can take advantage of the situation when a title is lost or destroyed. If you are not paying attention, your property can end up being transferred to someone else’s name without your knowledge.

This in fact happened when the Registry of Deeds (RD) of Quezon City was razed by fire in 1988, and until now, there are many pending court cases brought about by con artists who took advantage of the situation.

In a situation where a registered owner lost his/her owner’s duplicate title, and due to termites, fire, floods, or any other event the original copy of the title in the RD was destroyed, it is really possible that bad elements will make fake titles and assert that they are the true owners.

It’s better to be safe than sorry, so make sure all your land titles are safe and well protected, and this includes your copies of the owner’s duplicate certificate, and the original title with the respective RD’s.

How to protect your land titles from floods, fire, and natural disasters

When properties are mortgaged, the original owner’s duplicate certificate of titles are kept in a safe and secure place by the bank/lending institution. I suppose they put it in a fire-proof safe or vault that is in a flood-free area, so it’s safe to say they are safe and sound.

However, if your property is already fully-paid, you should already have the original owner’s duplicate certificate of the title, and it becomes your responsibility to keep it in a safe and secure place. I suggest that you keep them in a safety deposit box (SDB) in a bank not too near your home (Jay say’s it’s like having an off-site backup). Since the bank has security guards, your important documents are more secure in the SDB. I think this is more cost-effective because you need not buy your own vault. Plus, you will have peace of mind in case your house gets affected by fire, floods, or get robbed or burglarized.

I suggest you choose an SDB which is in a high place, as I recall a case where documents stored in the SDB of a certain bank got wet because the SDB was near the floor and got flooded. Maybe you can also have a fire-safe and waterproof chest where you can put your documents before you put them in the SDB.

You might be asking, “How about the original titles that were in the hands of the Register of deeds, like those that got destroyed when the Quezon City RD burned down, is there a way to prevent the same thing from happening?”

The answer to this is yes, and this can be done by converting a physical land title into an “eTitle” through the Land Registration Authority’s Voluntary Title Standardization Program. According toLRA’s website,

“Registry copies of the titles are protected from loss or destruction due to age, wear and tear, fire, natural disasters, and misfiling of records, as the eTitles are stored in its electronic original form, which are regularly backed up. By availing of this program, eTitle owners may rest assured that their titles are always safe and available, and they need no longer go through the expensive and time consuming process of title reconstitution should a disaster hit the Registry”.

For a sample of the documents that need to be submitted if you would like to apply for an eTitle, click here.

Unfortunately, since this program is voluntary, there will surely be a lot of titles that have not been converted to eTitles, which means titles lost or destroyed when RD’s got hit by Yolanda will have to undergo reconstitution.

Reconstitution or replacement, what’s the difference?

If the original title with the registry of deeds got lost or destroyed, then reconstitution of the title would be necessary. This can be either through an administrative reconstitution (in case of a substantial loss of titles in the RD) or a judicial reconstitution (in case the RD copy of the title is lost or destroyed, but no administrative reconstitution is necessary as determined by the LRA).

For example, if the original copy of the title in the RD was destroyed by termites, your title needs to be reconstituted. For a short discussion on this example written by Atty. Persida Acosta, Chief of the Public Attorney’s Office (PAO), click here.

On the other hand, if only the owner’s duplicate certificate got lost/destroyed, and the copy at the register of deeds is intact, then the owner only needs to get a replacement for the lost duplicate certificate, through the procedure stated in Section 109 of Presidential Decree (P.D.) No. 1529 (Property Registration Decree)

Reconstitution of land titles under Republic Act (R.A.) No. 26, as amended by R.A. 6732

Administrative reconstitution

Following the procedure under Republic Act (R.A.) No. 26, as amended by R.A. 6732, administrative reconstitution may be done in case there is substantial loss or destruction of land titles due to flood or other force majeure as determined by the Administrator of the Land Registration Authority (LRA). I have not read about any such declaration from the LRA, there’s no announcement on their website. I think also it’s because while some original titles have been lost, the number does not reach 10% of the total number of titles.

Flowchart: Administrative reconstitution

Source: Ombudsman’s website

Administrative reconstitution of titles. From ombudsman.gov.ph

Judicial reconstitution

In any case, for those whose titles got lost or destroyed in the Registry of Deeds, but no administrative reconstitution was determined to be necessary, they need to undergo judicial reconstitution of title.

Reconstitution of a title is very tedious and time-consuming. The whole process could take anywhere from six to nine months to complete. Sometimes, it even takes years. You have to prepare legal documents, secure certifications and clearances, and you need a legal counsel to represent you in court proceedings.

Mr. Raul J. Palabrica of the Inquirer has offered suggestions so that reconstitution could be done with the least time and effort, but to date, these remain as suggestions to be acted upon.

Flowchart: Judicial reconstitution of titles

Source: Ombudsman’s website

Judicial reconstitution of titles. From ombudsman.gov.ph

Replacement of lost/destroyed owner’s duplicate certificates under PD 1529

If you misplaced your owner’s duplicate certificates of title (but the original title is still with the Registry of Deeds), don’t feel too bad. Losing a title for no special reason except forgetfulness may be a bit embarrassing but it is not such an isolated occurrence (we all have our senior moments).

Section 109 of PD 1529 provides for the procedure in getting a new owner’s duplicate certificate as follows:

Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft of an owner’s duplicate certificate of title, due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered.

Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as such for all purposes of this decree.

Land titles lost/destroyed by Typhoon Yolanda/ Haiyan (November 2013)

When Super Typhoon Yolanda/Haiyan hit Leyte last November 2013, it’s pretty obvious that many land titles were lost/destroyed.

In an article dated December 23, 2013, Reuters wrote that Leyte’s Registry of Deeds office faced the ocean and was thus pounded by seawater during Typhoon Yolanda’s onslaught. The accompanying picture painted a pitiful sight – RD employees were hanging original copies of titles on clotheslines with clothespins and waiting for them to dry.

Original copies of titles are hanged to dry on clotheslines with clothespins at the Leyte Registry of Deeds. Photo by Romeo Ranoco, Reuters

Atty. Emeterio Villanoza, Palo, Leyte’s Registrar of Deeds, was quoted as saying that as much as 2,000 land titles could have been lost in the floods, probably washed away in the nearby creek. These lost titles would require reconstitution.

On the other hand, owner’s duplicate certificates of titles that got lost/destroyed when homes got hit by the floods and the storm surge only need to be replaced, assuming that the original titles in the RD are intact and accounted for.

Outsource the reconstitution or replacement of lost titles

If you have no idea about how to file for reconstitution or replacement of lost titles, or have no time to carve out of your busy life to do this yourself, you may choose to outsource the legwork for the reconstitution or replacement of the lost title to a reputable title company.

I’m sure people will ask if there is someone we can recommend that can handle reconstitution of titles. For us, we recommendOMI Land Title Services (OMI-LTS). They can provide convenience and peace of mind in dealing with land title concerns, as they have handled numerous land registration cases before, including reconstitution of lost titles. They have a team of real estate consultants and in-house lawyers that can assist you every step of the way. They also do title transfer, title verification, and other services.

We have availed of their title transfer services before and we were very much impressed and satisfied with the results. We entrusted them with several of our original owner’s duplicate certificates of title and everything went smoothly. For those who may be interested, you can visit their office at the 20th Floor, LKG Tower, Ayala Avenue, Makati City. They issue BIR-registered receipts, and have been in the real estate service business for many years.

You may call OMI-LTS through 884-1106 or visit their website,www.omilandtitle.com. As for a free quote for their services, just inform them that Jay and Cherry Castillo of ForeclosurePhilippines.com referred you.

Prevention is better than cure

At the end of the day, it’s obviously better to prevent situations like lost land titles that can result in a long and tedious process of reconstitution or replacement, by taking simple steps to safeguard them. Based on our own experience, simply having a safety deposit box can make a world of a difference. Even though just about everything in our house got destroyed by Ondoy in 2009, all of our postdated checks from tenant-buyers, contracts, and other original copies of important documents like owner’s duplicate certificate of titles, were saved, which is proof that:

“An ounce of prevention is worth a pound of cure.”

~ Benjamin Franklin

~Cherry Vi M. Saldua-Castillo

Real Estate Broker, Lawyer, and CPA

PRC Real Estate Broker License No. 3187

PRC CPA License No. 0102054

Roll of Attorneys No. 55239

2013 Internal Education Head, REBAP-LMP

x x x.

Read:

« Republic Act No. 6732 – An Act Allowing Administrative Reconstitution of Original Copies Of Certificates Of Titles Lost Or Destroyed

What Is The US Fed Tapering And Will It Affect Philippine Real Estate In 2014?

About Cherry Vi Saldua Castillo

Cherry Vi Saldua Castillo is a Real Estate Broker (PRC Real Estate Broker License No. 3187), Lawyer (Roll of Attorneys No. 55239), and CPA (PRC CPA License No. 0102054). She is the 2013 Internal Education Head of REBAP-LMP

x x x."

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Writ of Amparo as Human Rights Weapon · Global Voices

October 22, 2015, 10:11 am

≫ Next: Carlos Celdran appeals his 'Damaso' case before SC - CNN Philippines

≪ Previous: How To Reconstitute Or Replace Lost/Destroyed Land Titles

See - Philippines: Writ of Amparo as Human Rights Weapon · Global Voices

"x x x.

Alarmed by the high number of extrajudicial killings and enforced disappearances in the country, the Philippine Supreme Court decided to take a more pro-active role in defending the human rights of ordinary citizens. Last month, the Writ of Amparo took effect which was described by Chief Justice Reynato Puno as “the greatest legal weapon to protect the constitutional rights of our people.”

The Writ of Amparo was one of the many proposals made in the two-day summit on extrajudicial killings convened by the Supreme Court last July.Journal of the Jester-in-Exile identifies some of the summit recommendations:

-Amend the Rules of Court to issue protective orders in favor of witnesses in cases of extrajudicial killings;

-Expand the definition of “extrajudicial killings,” as specified in Supreme Court Administrative Circular No. 25-2007 to include extrajudicial killings of persons by reason of their advocacies;

-Create disputable presumption of knowledge by the superior of the acts of the subordinate, and eliminate the presumption of regularity in the performance of official duties in prosecution of cases involving extrajudicial killings and forced disappearances;

-In habeas corpus proceedings, allow petitioner to ask the court for an order so he or she can search specific private and public premises under guidelines prescribed by the court in the presence of the Commission on Human Rights and police;

-Transfer the venue of a case to prevent undue influence;

-Encourage judges to use perpetuation of testimony rules or the rules on conditional examination of witnesses;

-Review rules on evidence, hearsay, and modes of discovery; amend the Rules of Court to establish disputable presumption of command responsibility; and

-Allow use of electronic, remote testimony.

Lexfemme uploads the whole text of the Writ of Amparo. Section 1 of the writ states that it is “available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof .”

The Mindanao Examiner provides a background of the writ:

“Amparo, a Spanish word that means protection is a Mexican legal procedure that aimed at protecting human rights. The “recurso de amparo” is an exhaustive remedy which originated from Latin America's Mexican, Chile and Argentina legal systems. Mexico's Amparo is found in Articles 103 and 107 of the Mexican Constitution — the judicial review of governmental action, to empower state courts to protect individuals against state abuses.”

Bloggers Atty. Manuel J. Laserna Jr. and Atty-Wanna-Be notes give the main features of the writ. The Bystander lists the the significant portions of the rule:

1. The petitioner is exempted from the payment of the docket and other lawful fees, thereby giving him full and free access to courts authorized to issue the writ;

2. The petition can be filed on any day and at any time with the Regional Trial Court of the place where the violation was committed or with the Sandiganbayan, Court of Appeals, or the Supreme Court;

3. The writ is enforceable anywhere in the Philippines;

4. The respondent named in the writ, after being served therewith, must not only show in his return that he did not violate or threaten with violation the human rights of the aggrieved party but he must likewise show the steps taken by him to determine the whereabouts of the aggrieved party and the person or persons responsible for the violation. This simply means that a general denial by the respondent of the allegations in a petition for a writ of amparo, unlike in habeas corpus, is no longer sufficient to absolve him from responsibility;

5. The respondent must raise in his return all possible defenses available to him. Otherwise, they will be deemed waived;

6. The hearing of the writ, which is summary in nature, shall be scheduled not later than seven (7) days from the date of its issuance;

7. The court, upon the filing of the petition, may grant temporary reliefs to the petitioner or the aggrieved party like temporary protection orders, inspection orders, production orders, witness protection orders and the like;

8. If the respondent happens to be a public official or employee, he cannot evade liability or responsibility by invoking the presumption of regularity in the performance of duty; and

9. The respondent who refuses to make a return or who makes a false return or otherwise disobeys the lawful process or order of the court shall be punished for contempt either by imprisonment or fine.

Our thoughts are free quotes National Union of People’s Lawyers secretary-general Neri Javier Colmenares who described the writ of amparo as a legal remedy that “could pierce the veil of impunity shrouding the perpetrators of extrajudicial killings and enforced disappearances in the Philippines.” The lawyer also explained why the writ is a powerful legal measure:

“The writ of habeas corpus requires the military to physically produce missing persons suspected to be in its custody. The writ of habeas data, meanwhile, requires that the military produce evidence or items containing evidence on the whereabouts of missing persons believed to be in its custody. In habeas corpus or habeas data petitions, the courts have no power against the military’s denials of allegations.”

Writer Tony Lopez says the writ can be a tool against corruption too:

“Under this broad meaning and applying it as a layman, I take to use the writ of amparo as intended to protect not just life, not just liberty, not just security—but economic security which to me means your job, your livelihood. In that sense, I believe the writ of amparo is an awesome tool against corruption, by both government and the private sector. You can argue that you are poor because you have no job or economic security. You have no economic security because the economy is doing poorly. The economy is doing poorly because the government is corrupt. It sounds like an extended logic but it is an argument easy to understand.”

Nordis writer Mary Ann Manja Bayang warns against exaggerating the importance of the writ:

“This is not a solution to enforced disappearances or extrajudicial killings. It is a remedy issued by a democratic Supreme Court which we hope could abate human rights violations. But like so many other remedies within a corrupt and filthy system, this will only have a band-aid effect. Do not be misguided with the wrong perception that it is a solution to the problem.”

Activism 102 says the writ “sheds more light to find the disappeared despite the seemingly insurmountable odds.” Beyond what you see and Concerned Citizen Kane are impressed with the performance of the Supreme Court. TUCPuploads an article which views the writ as a legal tool which could be used by communists against the government.

Wow Philippines reports the first Writ of Amparo to be issued in the Philippines. The Mindanao Current on how the writ was used to protect an urban poor leader. Tek 4 the Pipol? blogs about the first legal victory which used the writ.

The Daily PCIJ features the recommendations of the Hong Kong Mission for Human Rights and Peace in the Philippines on how to improve the human rights situation in the country:

-Immediately release all people being arbitrarily detained, and improve prison conditions in all of the country’s detention facilities;

-Ensure the creation of a well-resourced, credible, independent and effective system of witness protection;

-Immediately and effectively investigate all allegations of human rights violations, making use of physical and forensic evidence as well as testimony from witnesses;

-Without delay, bring all perpetrators to justice through fair and transparent trials before civilian courts and ensure that adequate reparation is provided to the victims and their families, in line with international standards;

-Halt the use of blacklists, such as the so-called “Order of Battle” that brand individuals as being “Enemies of the State”;

-Ensure that individuals and organizations are able to carry out their work in favor of human rights without risks, threats, reprisals or impediments;

-Improve the transparency and accountability of all State institutions; and

-Resume peace negotiations and at all times respect international humanitarian law and human rights laws and standards.

x x x."

Related articles: Extrajudicial killings, Anti-Terror law

Written byMong Palatino.

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Carlos Celdran appeals his 'Damaso' case before SC - CNN Philippines

October 23, 2015, 12:08 pm

≫ Next: President Gloria Arroyo gave Chinese consular officials and their relatives full diplomatic immunity. - Raissa Robles.

≪ Previous: Writ of Amparo as Human Rights Weapon · Global Voices

See - Carlos Celdran appeals his 'Damaso' case before SC - CNN Philippines

"x x x.

Metro Manila (CNN Philippines) — Carlos Celdran on Friday (October 23) said that he is not giving up on his position that there’s nothing wrong with what he did five years ago, when he displayed a placard bearing the word “Damaso” during an ecumenical service inside the Manila Cathedral.

In his petition, Celdran asked the Supreme Court (SC) to acquit him from the crime of “offending the religious feelings” under Article 133 of the Revised Penal Code (RPC).

He also asked the court to declare this crime as unconstitutional.

"Ang Korte Suprema ay ang gatekeepers, ang guardians ng Constitution at halatang-halata na unconstitutional ang Article 133 because it defies freedom of speech. So I’m very confident that the Supreme Court will see things our way."

Celdran argued he cannot be convicted under a penal statute that violates the “most cherished” rights Filipinos have under the Constitution — the rights to due process, equality before the law, and freedom of speech.

He also pointed out that the RPC's Article 133 violates the constitutional principle of the separation of the Church and State.

In 2013, the Metropolitan Trial Court of Manila sentenced Celdran to serve a prison term of two months and 21 days to one year, one month, and 11 days.

Celdran went to the Manila Regional Trial Court and later to the Court of Appeals to appeal his case — but the two courts affirmed his conviction.

x x x."

↧

President Gloria Arroyo gave Chinese consular officials and their relatives full diplomatic immunity. - Raissa Robles.

October 23, 2015, 12:12 pm

≫ Next: INC pastor confirms kidnap | Inquirer News

≪ Previous: Carlos Celdran appeals his 'Damaso' case before SC - CNN Philippines

See - President Gloria Arroyo gave Chinese consular officials and their relatives full diplomatic immunity

"x x x.

Ordinarily, consular officials enjoy only limited diplomatic immunity under the Vienna Convention. This means they can be criminally prosecuted in Philippine courts, unlike diplomats who enjoy full immunity.

However, a 2009 agreement – signed by the Arroyo government represented by Foreign Secretary Alberto Romulo, and the People’s Republic of China represented by Foreign Minister Yang Jiechi – broadened the diplomatic immunity of consular officials and their relatives of both countries. The agreement gave them full diplomatic immunity.

My thanks to the high government official who explained to me why China could invoke full diplomatic immunity in the double murder case in Cebu City involving Chinese consular officials and the spouse of one of them.

The official (not from the Palace) explained to me that Section 34 gives consular officials immunity from “judicial and administrative jurisdiction”.

Section 35 states that “a consular officer is under no obligation to give evidence as a witness.” However, the immunity does not extend to the administrative, technical or service staff.

Section 41 extends full diplomatic immunity to family members of consular officers.

My highly knowledgeable source told me the immunity is enjoyed by consular officials of both China and the Philippines.

I must confess, this is the first time I heard of this agreement and saw the entire agreement.

The agreement has become important in the light of the shooting in Cebu City, which left two consular officers dead and two others wounded.

Here is my story on the matter. And you can read the text of our counsular agreement with China below that:

China invokes immunity for all consulate staff related to fatal shooting in Cebu
PUBLISHED : Thursday, 22 October, 2015, 5:51pm
UPDATED : Thursday, 22 October, 2015, 6:14pm
Raissa Robles in Manila
Beijing has invoked diplomatic immunity for all its staff involved in the investigation into the killing of two Chinese diplomats in Cebu city in the Philippines.
Mayor Mike Rama, who met China’s envoy to the country, ambassador Zhao Jianhua on Wednesday night, told the radio station DZMM the Chinese authorities had invoked diplomatic immunity.
A senior government official confirmed the Chinese government had taken the step.
Two suspects, Guo Jing and her husband, Li Qingliang, were taken into custody after the shooting at a Cebu restaurant on Wednesday afternoon. Guo works in the visa section of the consulate, a source earlier told the South China Morning Post.

To read the rest, please click on this link

GMA’s agreement with China gave consular officials full immunity from raissarobles

x x x."

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INC pastor confirms kidnap | Inquirer News

October 23, 2015, 12:27 pm

≫ Next: Boat deal: 19 PNP officials dismissed | Headlines, News, The Philippine Star | philstar.com

≪ Previous: President Gloria Arroyo gave Chinese consular officials and their relatives full diplomatic immunity. - Raissa Robles.

See - INC pastor confirms kidnap | Inquirer News

"x x x.

Former Iglesia ni Cristo (INC) minister Lowell Menorca on Friday confirmed that he and his family were abducted at the Quezon City compound of the politically influential religious group, saying his statements in past interviews were all lies orchestrated by the church leadership.

The surprising turn of events came even as the Supreme Court on Friday ordered INC to produce Menorca in court, a rare directive to a religious sect known for its strict conformity to internal edicts and aversion to unfavorable judicial resolutions.

The en banc order was released hours after the family’s lawyer, Trixie Cruz-Angeles, bared on Facebook that the Menorcas have been “rescued.”

“After several months, Lowell Menorca and his family have been rescued. The case for the issuance of the writ of amparo before the Supreme Court en banc will proceed,” Angeles said in her post.

In a video sent to Inquirer.net, Menorca said he wanted to speak the truth once and for all amid the alleged oppression continuously being committed by high-ranking leaders of the influential sect.

READ: Ex-Iglesia ni Cristo minister Lowell Menorca confirms abduction

“Perhaps you have seen me speak in a video on Net 25. I want to tell you now that that was scripted,” Menorca said in Filipino in the almost five-minute video.

Menorca said he was coached by other INC officials on what to say during past interviews. He said he submitted to their wishes because his life and that of his family were in danger.

Menorca was earlier identified by Isaias Samson Jr., former editor in chief of Pasugo, INC’s official publication, in an alleged abduction in Sorsogon province, where he was said to have been taken and detained in Cavite province for illegal possession of explosives. He was released by the police on July 26.

In a petition for habeas corpus filed on Wednesday, Menorca’s younger brother Anthony, and Jungko Otsuka, twin sister of the ex-minister’s wife Jinky Menorca, asked the Supreme Court to protect their relatives and compel the INC leadership to release them.

He said they were detained at the INC central compound in Quezon City from July 25 to Oct. 21.

Contrary to reports, he said his family never sought protective custody from INC. He said they were brought to the compound in an effort to remove him from office and to put him in a controlled environment, where he could be within reach anytime.

Deprived of freedom

The former minister said they were deprived of the freedom to entertain guests and visitors and to use any electronic gadget.

Menorca admitted that he considered remaining silent for the sake of the integrity of INC but he decided to speak up because of the continued human rights violations being committed by church leaders.

Menorca said he was aware that he and his family members may be expelled from the church following his revelations, but they were ready to accept the consequences for the sake of the truth.

Further details regarding the abduction would be revealed in a press conference next week, he said.

It was a swift grant of the Menorcas’ plea for the issuance of writs of amparo and habeas corpus filed on Wednesday to seek protection for the family and for them to be produced by church leaders who have been allegedly holding them on suspicion of subversion for more than three months.

The high court said the petition was “sufficient in form and substance” and that it was “necessary and proper” to grant the family relief.

The two-page resolution remanded the case to the Court of Appeals for proceedings, setting Nov. 3 as its first hearing date.

The order directly addressed the respondents, INC executive minister Eduardo Manalo and members of the church’s powerful Sanggunian (governing council), including Radel Cortez, Bienvenido Santiago and Rolando Esguerra.

“You, respondents … are hereby required to make a verified return of these writs before the Court of Appeals within five (5) working days from notice hereof; and appear and produce the persons of Lowell Menorca, Jinky Otsuka-Menorca, Yurie Keiko Otsuka and Abbegail Yanson before the Court of Appeals on Nov. 3, 2015, at 10 a.m,” the order read.

The high court further directed the appellate court to resolve the case 10 days after it has been submitted for decision.

Protective measure

Angeles said the amparo order was important even as the Menorcas were no longer detained, as it would continue to protect the expelled minister from the church leaders behind his alleged abduction.

“The writ of amparo protects him even when no longer in the custody of those who illegally held him. This is the most important protective measure of all.

In the petition, Menorca’s younger brother Anthony and Jungko said the family were held as “slaves” by their own church, likening INC to “a ravenous monster.”

They said the Menorcas were “subjected to the INC’s unjustified, unlawful and inhumane restriction of their liberty,” underscoring the urgency for the family to be surfaced because of threats to their lives.

The former minister was first reported taken in Sorsogon province on July 16, and later turned up in a Dasmariñas City jail for allegedly threatening a group of construction workers with a grenade.

His wife witnessed his abduction, and was later forced to join her husband under “house arrest” at the INC compound, along with their daughter and helper.

Menorca later appeared in an interview on INC-owned Net 25, denying that he was taken. But Anthony, currently under government protection, said his sibling was clearly under duress during the interview.

Distress call

The abduction of the Menorcas happened days before Cristina “Tenny” Manalo, widow of former INC executive minister Eraño Manalo, and her son Angel, issued a distress call through video posts on Facebook, the start of an apparent crisis dividing the church.

Samson, another former minister, also surfaced on the same week the videos were posted, saying he and his family had just escaped the INC compound after being held for a week.

It was Samson who first confirmed that 10 other INC ministers, including Menorca, had been taken. The INC maintains that none of the abductions ever happened.

Samson has a pending case at the Department of Justice (DOJ) against Sanggunian leaders for detaining him and his family.

The DOJ’s routine acceptance of the case prompted the INC to mount protests outside the justice department’s headquarters in Manila in late August, culminating in a mass-up on Edsa that peaked with a crowd of 20,000.

Angeles did not disclose details of the “rescue,” except to confirm that no police officers were involved. She said Menorca will bare his story in a tell-all on Sunday.

Angeles made the pronouncement in response to former Camarines Sur Rep. Arnulfo Fuentebella’s statement that Menorca was peacefully transported from the Iglesia central headquarters to his aunt’s house in Fairview.

“Mr. Menorca will be making his statement on Sunday. Right now, he’s just enjoying the chance to be free for the first time in three months,” Angeles said in a media interview at the Quezon City Regional Trial Court.

Angeles is also representing Angel Manalo and other respondents in the case filed by INC in the RTC to bar them from receiving visitors at No. 36 Tandang Sora, Quezon City.

“I’ve been informed that our petition for the issuance of a writ of habeas corpus and writ of amparo has been granted by the Supreme Court and then remanded to the Court of Appeals for hearing on Nov. 3. So we’re very happy with this,” she said.

“This is very important to us despite the rescue because the writ of amparo guarantees his protection even if he is no longer within the illegal confines of the adverse party,” Angeles said.

The lawyer questioned Fuentebella’s involvement in the issue. “I have serious considerations about why is he making a statement and why was he a particular witness to this alleged release. Because I would like to know what is his business in doing so.”

Fuentebella told the Inquirer that someone from INC called him requesting his presence to witness Menorca’s transfer around 11 p.m. on Thursday. He said he could not remember who called him.

“They probably want to ensure that no untoward incident will happen,” he said when asked why there was a need for a witness.

The former House Speaker said he went inside the INC compound and met Menorca and his family members in the “apartment house.” It was a four-vehicle convoy that transported the Menorcas to Fairview, he said. Fuentebella was in a separate vehicle from the Menorcas.

Fuentebella said Menorca also signed an affidavit stating that he voluntarily left the church compound.

“I asked him, did you sign this without anyone threatening you? He said yes,” Fuentebella said.

Angeles said she was aware of such an affidavit. “And our client insists that any writing or issuance that he allegedly made while in custody, is one that he has made under duress.”

“We note that (Menorca) was transferred after we filed the petition for the issuance of the writ of habeas corpus. And we believe that the intent for this was quite possibly to hide him from the authorities should the writ be issued. So the position is that, at the time, he was not just in danger, but he was gravely in danger,” Angeles said.

She said Fuentebella could not have been a witness to any of the duress underwent by Menorca.

“We will seek to make the writ of amparo permanent. As well as the turnover of any electronic surveillance records. And to insist that the people who held him, the people responsible for his incarceration be ordered by the court to stay away from him and his family,” Angeles said.

The Inquirer tried but failed to reach INC spokesperson Edwin Zabala for comment. He was not responding to text messages and his mobile phone was unattended. With a report from Ria Consuelo Mendoza

x x x."

SC asked to order Iglesia leaders to produce missing members

↧

Boat deal: 19 PNP officials dismissed | Headlines, News, The Philippine Star | philstar.com

October 23, 2015, 12:38 pm

≫ Next: Republic Act No. 10687 - “Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act”

≪ Previous: INC pastor confirms kidnap | Inquirer News

See - Boat deal: 19 PNP officials dismissed | Headlines, News, The Philippine Star | philstar.com

"x x x.

For the purchase of defective rubber boats without public bidding, 19 Philippine National Police officials, along with the resident PNP accountant and auditor, have been dismissed from the service for violations of the Anti-Graft and Practices Act and gross neglect of duty.

The Office of the Ombudsman also ordered the perpetual disqualification of the 19 from government service, forfeiture of their retirement benefits and cancellation of their civil service eligibility.
Ordered dismissed were Chief Superintendents Villamor Bumanglag, Reynaldo Rafal, Rizaldo Tungala Jr. and George Piano; Sr. Supts. Ferdinand Yuzon, Cornelio Salinas, Thomas Abellar, Nepomuceno Magno Corpus Jr., Rico Payonga, Alex Sarmiento, Aleto Jeremy Mirasol, Michael Amor Filart and Asher Dolina; Supts. Job Marasigan, Leodegario Visaya and Henry Duque; Chief Inspectors Juanito Estrebor and Renelfa Saculles; and PO3 Avensuel Dy.

Also sacked were PNP accounting division chief Antonio Retrato and PNP resident auditor Jaime Sañares. Suppliers Roselle Ferrer and Pacita Umali of Four Petals Trading (FPT), which sold the defective boats, were ordered charged.

The resolution said the dismissal stemmed from the anomalous purchase of rubber boats, which turned out to be defective, but were still paid the full amount of P4.54 million in 2009. The PNP chief at the time was Jesus Verzosa.

The boats were procured “without public bidding and, despite glaring defects noted during delivery, were certified to have passed the acceptance criteria.”

The defects included the lack of water temperature gauges, fuel gauges, engine oil pressure gauges and speedometers. Some engines were also not operational.

Ombudsman Conchita Carpio-Morales pointed out that the supplier was not even a technically, legally and financially capable supplier given that it has a residential address, has no company website and is not known in the coastal craft-building industry.

Dolina, then the chairman of the bids and awards committee, said he feels “persecuted” with the dismissal as he stressed that he was among the whistle-blowers who tried to prevent the PNP higher-ups from paying the contract.

He added that the ombudsman decision sends the wrong signal to those who try to correct a wrong.

In an emotional speech during the swearing in of 597 new police recruits at Camp Ruperto Kangleon in Palo, Leyte on Oct. 16, Dolina said he was undergoing a major trial in his life at that very moment as he urged the new police officers that “in all your actions, you have to be accountable not only to the PNP, but to the people in general.” Dolina was the PNP regional director for Eastern Visayas.

“What you will learn from your training will equip you to veer away from distractions, because at the end of the day, you can say to God and to men that you have done the things that you needed to do,” he added. With Lalaine Jimenea, Jennifer Rendon

x x x."

↧

Republic Act No. 10687 - “Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act”

October 27, 2015, 1:19 am

≫ Next: Sec. Paje, Gov. Ebdane face graft complaint over ‘environmental plunder’ of Zambales | News | GMA News Online

≪ Previous: Boat deal: 19 PNP officials dismissed | Headlines, News, The Philippine Star | philstar.com

See - Republic Act No. 10687 | Official Gazette of the Republic of the Philippines

[ Republic Act No. 10687 ]

AN ACT PROVIDING FOR A COMPREHENSIVE AND UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION (UniFAST), THEREBY RATIONALIZING ACCESS THERETO, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

ARTICLE I

TITLE, POLICY, OBJECTIVES, DEFINITIONS OF TERMS, SCOPE AND COVERAGE

SECTION 1. Short Title. – This Act shall be known as the “Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act”.

SEC. 2. Declaration of Policy. – It is the declared policy of the State to promote social justice and pursuant thereto, provide all its citizens access to quality education. Towards this end, the State shall provide adequate funding and such other mechanisms to increase the participation rate among all socioeconomic classes in Tertiary Education, especially the poor but academically able and highly motivated students. This policy should enable them to successfully pursue and complete Tertiary Education programs in quality institutions, thereby promoting equitable and Rationalized Access by poor Filipinos to quality Tertiary Education.

The existing publicly-funded national government programs for Scholarships, Grants-in-Aid, and Student Loans for Tertiary Education are hereby unified and harmonized to improve their efficiency and to ensure that deserving Filipinos are given equitable access to educational opportunities.

SEC. 3. Objectives. – The objectives of this Act are as follows:

(a) To allocate and utilize properly all government resources intended for students through effective beneficiary-targeting;

(b) To ensure consistency, continuity, and efficient coordination of student financial assistance policies and programs;

(d) To produce a pool of highly qualified graduates and technical experts who will contribute to the country’s high-level labor force through merit and talent-based Scholarships;

(e) To facilitate access to quality education through Grants-in-Aid for students belonging to marginalized sectors; and

(f) To assist students with liquidity issues through Student Loans.

SEC. 4. Definition of Terms. – For purposes of this Act:

(a) Beneficiary refers to the recipient of any modality of Student Financial Assistance Program (StuFAP), such as Scholarship, Grant-in-Aid, or Student Loan;

(b) Cost of Tertiary Education refers to (1) tuition, miscellaneous and Other School Fees, (2) Educational Expenses, and (3) the cost of living allowance;

(c) Educational Expenses refer to expenses related to the education of a student, such as books, school supplies, and electronic devices necessary for education, but excluding tuition and miscellaneous and Other School Fees;

(d) Grantee refers to the student-beneficiary of a Grant-in-Aid program;

(e) Grant-in-Aid refers to a modality of financial assistance to poor but eligible students which generally requires a minimum level of competence to complete Tertiary Education;

(f) Higher Education refers to the stage of formal education, or its equivalent, requiring completion of secondary education and covering programs of study leading to bachelor and advanced degrees;

(g) Higher Education Institution (HEI) refers to an institution of higher learning, primarily offering bachelor and advanced degree programs;

(h) Other School Fees refer to those fees which cover other necessary costs supportive of instruction, including, but not limited to, medical and dental, athletic, library and laboratory fees;

(i) Qualifying Examination System for Scoring Students refers to the appropriate annual examination and assessment of potential Beneficiaries, which may be separately designed for undergraduate and graduate students and adopted by the Board for all prospective applicants for any one of the modalities of StuFAP, as referred to in Section 15(h);

(j) Rationalized Access refers to improved efficiency in the implementation of UniFAST pursuant to the principles of increased participation of the economically disadvantaged and marginalized sectors, equity in the regional distribution of economic resources, congruence of the qualifications of Tertiary Education graduates and labor market needs, and relevance to the country’s national development and global competitiveness, among others;

(k) Registry of Programs and Institutions refers to quality-assured academic and research programs and tertiary institutions which have been certified by the Commission on Higher Education (CHED) and/or the Technical Education and Skills Development Authority (TESDA) as complying with acceptable standards;

(l) Scholar refers to a student-recipient of a Scholarship grant based on merit and/or talent;

(m) Scholarship refers to a modality of financial assistance given to eligible students on the basis of merit and/or talent, such as laudable academic performance, and special technical proficiencies and skills and intellectual pursuits of a Scholar that give rise to research and development, and innovations as well as other creative works;

(n) Special Purpose Education Assistance refers to financial assistance for the conduct of undergraduate and graduate research, scientific studies, including funding assistance for the writing and publication of books, manuscripts, theses, dissertations, scientific and technical journals, or for production, filming and digital technology documentation of research and studies or development of instructional and academic materials, and science prototypes, among others;

(o) State Universities and Colleges (SUCs) refer to public HEIs established by national laws which are financed and maintained by the national government, and are governed by their respective independent boards of trustees or regents;

(p) Student-Borrower refers to a student-beneficiary of the National Student Loan Program, as defined in Section 8;

(q) Student Financial Assistance Program (StuFAP) refers to a system of Scholarships, Grants-in-Aid, Student Loans, subsidies and other incentives which are or shall be made available to eligible students;

(r) Student Loan refers to a modality of student financial assistance consisting of short-term or long-term loans which shall be extended to students facing liquidity problems, regardless of economic status, which shall be paid by the student, his/her parents, guardians, or co-makers;

(s) Technical-Vocational Education and Training (TVET) refers to the post-secondary education or training process which involves, in addition to general education, the study of technical and related fields and the acquisition of practical skills relating to occupations in various sectors, comprising formal (organized programs as part of the school systems) and nonformal (organized classes outside the school system) approaches;

(t) Technical-Vocational Institutes (TVIs) refer to learning institutions offering post-secondary TVET;

(u) Tertiary Education refers to the stage of education following the secondary cycle which subsumes post-secondary nondegree diploma, TVET, and Higher Education programs; and

(v) Unified Student Financial Assistance System for Tertiary Education (UniFAST) refers to the harmonized, state-run and administered system of Higher Education and technical-vocational Scholarships, Grants-in-Aid, Student Loans, and other modalities of StuFAP under this Act.

SEC. 5. Scope and Coverage of the UniFAST. — The UniFAST shall consist of all existing modalities of StuFAPs for Tertiary Education and Special Purpose Education Assistance in both public and private institutions, including Scholarships, Grants-in-Aid, Student Loans and government programs in partnership with other stakeholders, among others, and which are nationally funded and/or implemented by national and local government agencies, branches and instrumentalities. A student enrolling in Tertiary Education, whether in public, private, national or local institutions, can avail of any one (1) or more of the said modalities of StuFAP.

The UniFAST under this Act shall harmonize, reform, strengthen, expand, rationalize, and re-focus all legislated or ongoing StuFAPs of the government for greater efficiency, coherence, synchronization, effective funding, and improved coordination among implementing entities in their specific jurisdiction: Provided, That nothing in this Act shall prevent the continuation of effective programs implemented by other government agencies or of state-funded StuFAPs with specific and targeted Beneficiaries such as existing technical-vocational Scholarship programs under the TESDA, Scholarships under the Indigenous Peoples Rights Act (IPRA), the National Agriculture and Fisheries Education System (NAFES), Agriculture Competitiveness Enhancement Fund Scholarship (ACEFS), the Science and Technology Scholarship Act of 1994, the Fast-Tracked S&T Scholarship Act of 2013, the Expanded Government Assistance to Students and Teachers in Private Education (E-GASTPE) Act, Student Grants-in-Aid Program for Poverty Alleviation (SGP-PA) of the CHED and the Department of Social Welfare and Development (DSWD) which shall continue to be under the jurisdiction of the agencies currently responsible for their design and implementation: Provided, further, That the beneficiary-targeting and standards for selection and retention and awards shall be compliant with the overall policies on quality, sustainability and efficiency set by the Board:Provided, finally, That the relevant government agencies shall submit an annual report on the implementation of their StuFAPs to the UniFAST Board.

The above provisions notwithstanding, all other requirements mentioned herein shall be complied with upon the approval of the Implementing Rules and Regulations of this Act.

ARTICLE II

MODALITIES OF StuFAPS

SEC. 6. Scholarship. – A unified, improved, and expanded government-funded Scholarship program shall be instituted to promote an environment conducive for the development of bright and talented students to serve the public good and enlarge the pool of world-class Filipino researchers, artists, innovators, thinkers, and leaders.

The Board shall formulate and establish the policies and mechanisms for the identification of Beneficiaries based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government: Provided, That Beneficiaries under the Iskolar ng Bayan Act shall be prioritized.

The financial amount for Scholarships shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs: Provided, That the financial amount for Scholarships shall not exceed the actual Cost of Tertiary Education.

SEC. 7. Grant-in-Aid. – To improve equity and facilitate democratic access to quality education given income poverty and inequity, Grants-in-Aid shall be made available to students belonging to poor families and marginalized sectors.

The Board shall formulate and establish the policies and mechanisms for the identification of Grantees based on objective indicators derived from credible databases, including students whose families are Beneficiaries of the poverty alleviation programs of the government.

The financial amount comprising Grants-in-Aid shall be determined by the Board, taking into consideration the actual cost of various programs in the top public and private HEIs.

SEC. 8. National Student Loan Program. — The Board shall pursue a long-term plan for the development of a self- sustaining National Student Loan Program (NSLP) which shall provide qualified students short-term and long-term financial assistance for Tertiary Education. This plan shall be based on a systematic evaluation of lessons learned from current and past Student Loan schemes, both local and international.

To achieve this, the Board shall endeavor to ensure the professionalization of the NSLP’s management, the establishment of an appropriate organizational setup that shall best implement the Program, and the institution of accountability mechanisms, sanctions and incentives conducive for the effective and efficient collection of loan repayments.

The Board shall explore different processes, including systematic testing and rigorous evaluation of methods to be undertaken to minimize the risk of non-repayment of loans and collection costs. It shall also encourage private sector participation to ensure the delivery of the best possible service suitable to the needs and objectives of the NSLP.

The Government Service Insurance System (GSIS) and Social Security System (SSS) shall study the feasibility of having an automatic system of salary deduction for Student Loan repayments of members with unpaid Student Loans, pursuant to a memorandum of agreement to be executed by the Board with the GSIS or SSS, respectively, and in accordance with labor laws on deduction of payments.

The top ten (10) graduates of all public high schools shall be given priority in the grant of the Student Loan: Provided, That the loan granted shall be repaid in installment basis after the student graduates or leaves the educational institution: Provided, further, That the educational loan shall be sourced from the five percent (5%) of the total loanable portfolio of the Development Bank of the Philippines without prejudice to the creation of other Student Loan programs.

SEC. 9. Other Modalities of StuFAPs. – The Board may develop other modalities of StuFAPs:Provided, That nothing in this Act shall preclude the Board, the implementing agencies, SUCs, and public TVls from promulgating and developing other forms of StuFAPs, such as private Scholarship or sponsorship programs, and student or graduate assistance programs, in accordance with the standards and guidelines set by the Board.

ARTICLE III

ELIGIBILITY OF APPLICANTS AND TERMS OF AVAILMENT

SEC. 10. Minimum Qualifications of Applicants. – The Board shall promulgate and periodically review the qualification criteria of applicants for student financial assistance. An applicant must meet the following minimum qualifications:

(a) Filipino citizen: Provided, That the Board may grant exemptions to foreign students based on reciprocal programs that provide similar benefits to Filipino students, such as student exchange programs, international reciprocal Scholarships, and other mutually beneficial programs;

(b) High school graduate or its equivalent from duly authorized institutions;

(c) Possesses good moral character with no criminal record: Provided, That this requirement shall be waived for programs which target children in conflict with the law and/or those who are undergoing or have undergone rehabilitation;

(d) Admitted to the HEI or TVI included in the Registry of Programs and Institutions of the applicant’s choice: Provided, That applicants may begin processing their applications within a reasonable time frame set by the Board to give the applicant sufficient time to enroll;

(e) In the case of an applicant in TVET programs, he/she shall, in addition to the criteria referred above, pass the TESDA screening/assessment procedure, trade test, or skills competency evaluation;

(f) Declare if he/she is already a Beneficiary of any other student financial assistance, including government StuFAP: Provided, That if at the time of application of the Scholarship, Grant-in-Aid, Student Loan, or other modalities of StuFAP under this Act, the amount of such other existing grant does not cover the full Cost of Tertiary Education at the HEI or TV! where he/she has enrolled in. the applicant may still avail of the StuFAPs under this Act for the remaining portion;

(g) In the case of applicant for Scholarship, he/she must obtain at least the score required by the Board for the Qualifying Examination System for Scoring Students; and

(h) Possesses such other qualifications as may be prescribed by the Board.

SEC. 11. Disqualifications and Limitations. — The right of any Beneficiary to avail of the benefits of the StuFAPs under this Act shall not apply if the student fails to comply with the requirements for good academic standing and such other conditions that may be formulated and imposed by the Board: Provided, That the Board shall consider the supervening circumstances of each Beneficiary that may have an effect on his/her studies, such as death, lingering illness of a family member, or other personal reasons.

The Board shall not unduly deprive eligible applicants of student financial assistance: Provided, That said students may be directed by the Board and/or the implementing agency to enroll in priority courses, as may be identified by the CHED or TESDA, based on the national development plans and labor force demands, in order to avail of student financial assistance: Provided, further,That the Board and/or implementing agency shall not deny financial assistance to applicants or Beneficiaries already enrolled in non-priority courses, especially if the priority courses are not offered in the Tertiary Education institution of the student’s choice.

SEC. 12. Terms of Availment of StuFAPs. – The Board and/or the implementing agency may, prior to the grant of Scholarship or Student Loan, or other modalities of StuFAP, impose reasonable terms and conditions of availment.

SEC. 13. Sanctions. — The Board and/or the implementing agency may impose reasonable sanctions to any Beneficiary of a Scholarship, Student Loan or other modalities of StuFAP who has been found to have violated any of the provisions of his/her contract.

ARTICLE IV

THE UNIFAST BOARD

SEC. 14. Creation of a UniFAST Board. – To carry out the purposes of this Act, there is hereby created a UniFAST Board, hereinafter referred to as the Board, which shall be attached to the CHED, composed of the following:

(a) The CHED Chairperson as ex officio Chairperson;

(b) The Secretary of the Department of Science and Technology (DOST) as ex officio Co-Chairperson;

(d) The Secretary of the Department of Education (DepED) as ex officio member;

(e) A representative from the Department of Labor and Employment (DOLE) as ex officio member;

(f) A representative from the National Economic and Development Authority (NEDA) as ex officiomember; and

(g) A representative from the National Youth Commission (NYC) as ex officio member.

SEC. 15. Powers and Functions of the Board. — The Board shall exercise the following powers and functions:

(a) Formulate and approve policies and strategies for UniFAST, and review existing policies to ensure consistency with policy framework under this Act;

(b) Coordinate with the implementing agencies of existing StuFAPs in the formulation, approval and issuance of guidelines towards the development and promotion of the UniFAST;

(c) Provide necessary support to implementing agencies, technical or otherwise, to ensure the effective implementation of this Act;

(d) Prepare, approve, and submit to the CHED its own budget proposal, in addition to the individual budget proposals prepared by the various implementing agencies, including vetting, modifying and integrating all requests for public funding of Tertiary Education StuFAPs;

(e) Promulgate the minimum guidelines, rules and regulations for determining qualified Beneficiaries of student financial assistance for Tertiary Education;

(f) Provide general guidelines for the drawing up of contracts with the student Beneficiaries specifying the rights and obligations of the parties that may include a service clause or such other stipulations of cost recovery the Board may deem in the best interest of the public and consistent with, or responsive to, national, social, economic, and human resources development plans, subject to Section 12;

(g) Monitor, assess and make impact evaluation of StuFAPs and projects, with the end in view of determining whether these programs shall be adopted, continued, or terminated;

(h) Adopt a Qualifying Examination System for Scoring Students for merit and talent-based StuFAPs and determine the eligibility for Grants-in-Aid and other modalities of StuFAPs;

(i) Provide and promote a supportive policy environment for the growth and development of private sector participation for Scholarships, Grants-in-Aid, Student Loans or other modalities of StuFAP;

(j) Establish and maintain, on the public websites of the CHED and TESDA, a database containing information on StuFAPs and accredited public and private Tertiary Education programs and institutions;

(k) Take all necessary actions to disseminate information on the database established and maintained under this Act in order to encourage its use by interested parties and to ensure that Beneficiaries are able to maximize the benefits from UniFAST through informed decision-making, allowing them freedom of choice among accredited public and private Tertiary Education programs and institutions;

(l) Design a program of generating funds for the UniFAST;

(m) Facilitate and tap donations, legacies, gifts and other forms of contribution, whether in cash or in kind, from both public and private sources and to tap the services and assistance of experts, in accordance with Section 20: Provided, That such donations, legacies, and contributions of cash or property duly received shall be exempt from donor’s tax and shall be allowable deductions for income tax purposes in accordance with Section 34-H of the National Internal Revenue Code of 1997, as amended;

(n) Appoint members of the UniFAST Secretariat upon the recommendation of the Executive Director;

(o) Appoint one (1) or more legal officers with authority to file cases in court;

(p) Set up, maintain and update an official registry of quality-assured academic and research programs and Tertiary Education institutions in accordance with Section 3 of this Act;

(q) Approve the appropriate honorarium and per diem for the members of the Board, in accordance with the relevant government rules and regulations;

(r) Develop an efficient tracking system of Student-Borrowers, as well as a system of disbursement and collection of payments of loans granted under this Act, including entering into agreements with the Bureau of Internal Revenue (BIR), GSIS, SSS, National Bureau of Investigation (NBI), Department of Foreign Affairs (DFA), Philippine Overseas Employment Administration (POEA), Bureau of Immigration (BI), Bangko Sentral ng Pilipinas (BSP), Bankers Association of the Philippines (BAP), Credit Information Corporation (CIC), private and public banks and banking intermediaries, credit information bureaus, and other government financial institutions, inclusive of investigating and checking the whereabouts of delinquent Student-Borrowers, and setting up mechanisms for blacklisting of defaulting Student-Borrowers in application for loans, credit cards, and other credit facilities; and

(s) Perform such other powers and functions as may be deemed necessary and incidental for the effective implementation of this Act.

SEC. 16. Meetings. – The Board shall hold twelve (12) regular monthly meetings in a year: Provided, That four (4) years after the implementation of this Act, the Board shall determine the frequency of the regular meetings which shall not be less than once every quarter.

The Chairperson of the Board may call a special meeting when necessary: Provided, That the members are notified in writing at least three (3) working days prior to the meeting.

In the absence of the Chairperson, the Co-Chairpersons shall preside over the Board’s meetings on a rotation basis. The members of the Board may also designate a representative in his/her absence: Provided, That in the case of the Chairperson, Co-Chairpersons, and the Secretaries of the DepED and DOLE, their respective representatives must be occupying the position of an Assistant Secretary, or its equivalent, and higher. The proceedings of all meetings shall be recorded and the minutes thereof shall be attested to by a simple majority of all regular Board Members.

At least one (1) meeting of the Board in every quarter must be attended by the Chairperson and Co-Chairpersons and shall be devoted to a review of the performance of the UniFAST in terms of the following:

(a) Total number of current Beneficiaries;

(b) Number of dropouts from the program, voluntary or revoked, as well as the reasons behind such;

(d) Breakdown of Beneficiaries by field of study;

(e) Breakdown of Beneficiaries by district and region of origin;

(f) Breakdown of Beneficiaries by place of study;

(g) Breakdown of Beneficiaries by sex;

(h) Breakdown of Beneficiaries by size of annual family income and family livelihood;

(i) Completion rate of Beneficiaries;

(j) Measures of success of financial assistance programs;

and

(k) Such other matters relating to any provision of this Act.

SEC. 17. Quorum. — The attendance of a simple majority of the Board members is necessary in order for the Board to have a quorum to transact business.

SEC. 18. Creation of a UniFAST Secretariat. – There is hereby created a Secretariat to be headed by an Executive Director to support the Board in carrying out its functions. The Board shall provide for the institutional setup, qualifications, and compensation of employees composing the Secretariat in accordance with existing Civil Service and Career Executive Service rules and regulations and consistent with the provision of the Salary Standardization Law for government personnel, and determine the size and composition of the Secretariat.

The Secretariat shall exercise the following functions:

(a) Provide technical and administrative support services to the Board’s policy-making and implementation functions;

(b) Review, evaluate, and assess programs, plans of action, and agenda of the Board, and concomitantly recommend the approval or cancellation of such programs, plans of action, and agenda of the Board;

(c) Review, evaluate, and assess programs, plans of action, and agenda of the implementing agencies, including proposals for funding, and recommend the approval or cancellation of such programs, plans of action, and agenda of the implementing agencies to the Board;

(d) Maintain and update a repository of data and information on all StuFAPs for Tertiary Education administered by any government agency, branch, or instrumentality and create and maintain a comprehensive database system on the government’s StuFAPs accessible to the public, pursuant to the policy of transparency and good governance;

(e) Recommend, manage, and monitor the processes of contracting out the implementation of UniFAST activities which would be best accomplished by third party providers, as approved by the Board; and

(f) Perform such other powers and functions as may be determined by the Board.

SEC. 19. The Executive Director. – There shall be an Executive Director who shall be appointed by the Board and shall have the rank of an Assistant Secretary. The Executive Director shall have a minimum of seven (7) years managerial experience, be a holder of at least a Master’s degree, and be a Career Executive Service eligible. The Executive Director shall perform the following functions:

(a) Serve as the primary coordinator of StuFAPs for Tertiary Education students being implemented by various government agencies, branches, and instrumentalities;

(b) Manage relationships with partner agencies;

(d) Ensure the provision of accurate and timely technical inputs and feedback to the Board to guide it in its policy-making functions;

(e) Ensure the proper dissemination and implementation of Board decisions;

(f) Submit an annual report on the operations, status of programs funded, and financial conditions of the Secretariat, including recommendations for the budget in the ensuing year; and

(g) Perform such other duties and functions as may be determined by the Board.

ARTICLE V

FINANCIAL MANAGEMENT, REPORTING, AND PERFORMANCE EVALUATION

SEC. 20. Financial Management and Accountability. – All public funds allocated to the government StuFAPs for Tertiary Education shall be managed according to standard government accounting and auditing rules and regulations. In addition, specialized processes and procedures shall be developed to enhance transparency and accountability suitable to the program or project for which the fund has been provided.

SEC. 21. Accounting and Reporting of UniFAST StuFAP Funds. – A separate book of accounts shall be kept by each implementing agency for the UniFAST StuFAP Funds. It shall follow standard government rules and regulations for accounting. Implementing agencies of the StuFAP Funds, however, may adopt additional measures to ensure its safety, particularly in authorizing payments and processing of disbursements from the funds: Provided, That such additional measures shall facilitate a convenient and efficient means of delivering financial assistance to the Beneficiaries.

A mid-year and annual report shall be prepared by all implementing agencies. The report shall have two (2) parts: a financial statement and a report of operations showing the accomplishments of the fund. These reports shall be submitted to Congress and the Department of Budget and Management to inform and aid in decision making and shall be made available to other interested parties for valid and acceptable reasons. The fist of Beneficiaries and the amount of financial assistance received shall be made available upon request.

SEC. 22. Responsibility of National Government Agencies Implementing StuFAPs. — The agencies and instrumentalities implementing StuFAPs are required to submit reports, make their selection process transparent to the public, and comply with the requirements that the Board may impose to ensure that these programs are in line with the national policy framework on student financial assistance.

SEC. 23. Performance Monitoring and Impact Assessment. – The UniFAST shall be evaluated rigorously by the Board in terms of its impact on desired results and its progress towards achieving them shall be monitored regularly. The Board shall clearly define those results and their target values. Impact evaluation shall be measured against, among others:

(a) Education outcomes such as enrolment in level IV-accredited HEls, as may be determined in the Implementing Rules and Regulations, and number of graduates (by type of study program);

(b) Economic indicators such as income and employment of Beneficiaries after graduation; and

Performance and progress shall, in addition, be measured with regard to: (i) number of students covered by Scholarships, Grants-in-Aid, Student Loans, or other modalities of StuFAP; (ii) type of study program; (iii) level of HEI enrolled in; and (iv) initial economic status. Tracer studies and survey data for experimental and quasi-experimental analyses shall be undertaken to produce credible impact evaluation studies, as may be determined by the Board: Provided, That major programs of the Board are to be evaluated within five (5) years from the date of its implementation.

SEC. 24. Congressional Oversight Committee. – There is hereby created a Congressional Oversight Committee on the UniFAST composed of five (5) members each to be chosen from the membership of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalitions therein with at least two (2) Senators representing the minority. The members from the House of Representatives shall be appointed by the Speaker also based on proportional representation of the parties or coalitions therein with at least two (2) Congressmen representing the minority.

The Oversight Committee on the UniFAST shall have the power to oversee the implementation of this Act, including an inquiry into the book of accounts of the Board: Provided, That the Secretariat of the Oversight Committee shall be drawn from the secretariat personnel of the Senate Committee on Education, Arts and Culture and the House of Representatives Committee on Higher and Technical Education. Funding for the expenses of the Committee shall be taken from the appropriations of both the Senate and the House of Representatives.

The Board shall be required to submit to the Congressional Oversight Committee, on a periodic basis, the financial statements, policy statements, issuances and other documents and information of the Board, subject to existing laws and regulations.

ARTICLE VI

APPROPRIATIONS

SEC. 25. Appropriations. – The amount necessary to carry out the provisions of this Act, specifically for the creation of the Board and the Secretariat and the initial implementation of this Act, shall be charged against the current year’s appropriation of the CHED. The budget for the implementation of existing StuFAPs and any modality that may be established shall be charged against the budget of the implementing agencies. Thereafter, such amount as may be necessary for the continued implementation of this Act shall be included in the Annual General Appropriations Act.

SEC. 26. Other Sources of Funds. – Other sources of funds such as grants, donations, and other forms of assistance from local and foreign donor agencies, other public or private entities, and other private domestic and international sources may be tapped and facilitated by the Board to support the program, subject to regular auditing guidelines and procedures: Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rules and regulations.

All donations, grants, endowments from various sources and other contributions given to specific agencies for StuFAPs shall be retained by the identified done agency for that specific purpose in accordance with government auditing rules and regulations.

Cost-sharing or counter-parting schemes among national government and local government units (LGUs) shall also be encouraged to support the implementation of the UniFAST.

ARTICLE VII

IMPLEMENTATION

SEC. 27. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity of this Act, the Board shall constitute itself, in consultation with relevant stakeholders in Tertiary Education, and promulgate the Implementing Rules and Regulations necessary for the proper implementation of this Act within sixty (60) days from the constitution of the Board.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

SEC. 28. Separability Clause. – If, for any reason, any provision of this Act is declared unconstitutional or invalid, parts or provisions of this Act which are not affected shall continue to be in full force and effect.

SEC. 29. Non-Impairment Clause. – Nothing in this Act shall be construed as to diminish, impair, or repeal rights recognized, granted, or made available to disadvantaged, marginalized, or specific sectors under existing laws.

SEC. 30. Repealing Clause. – All laws, executive orders, presidential decrees, Implementing Rules and Regulations inconsistent with this Act are hereby repealed or modified accordingly, including the provisions of Republic Act No. 8545 on Tertiary Education.

SEC. 31. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

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Sec. Paje, Gov. Ebdane face graft complaint over ‘environmental plunder’ of Zambales | News | GMA News Online

October 27, 2015, 2:32 am

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See - Sec. Paje, Gov. Ebdane face graft complaint over ‘environmental plunder’ of Zambales | News | GMA News Online

"x x x.

Environment Secretary Ramon Paje, Zambales Gov. Hermogenes Ebdane Jr. as well as other provincial environment officials are facing a graft complaint over their alleged failure to stop destructive mining operations in Sta. Cruz town.

In a 21-page complaint filed before the Office of the Ombudsman on Wednesday, four Sta. Cruz residents who belong to the local advocacy group Concerned Citizens of Sta. Cruz (CCOS) said Paje, Ebdane and 20 other local officials of Zambales should be held accountable for violations of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices.

The group said the respondents also violated several provisions of Republic Act 7169 or the Local Government Code and Section 5 of Executive Order 190.

“For the environmental plunder of our beloved town in direct contravention to their sworn mandate and duties as public officers, we charge the following criminally,” the group said.

Aside from Paje and Ebadane, also named respondents in the complaint were:

Sta. Cruz Mayor Consolacion Marty

Former Sta. Cruz Mayor Luisito Marty

Mines and Geosciences Bureau (MGB) director Leo Jasareno

MGB Region II director Danilo Uykieng

MGB Region III Multi-partite Monitoring Team head Lauro Garcia

Community Environment and Natural Resources Office head Raymond Rivera

Provincial Environment Management Officer Redentor Laureta

Environment and Natural Resources Office of Zambales officer-in-charge Liberty Hilario

Regional Council Committee on Environment chairman Samuel Ablola

Municipal Council of Sta. Cruz members Roberto Bejasa, Tristan Misola, Filmar Movilla and Rogelio Amog

Barangay Guinabon chairman Diosdado Alota

Former Barangay Guinabon chairman Sisenando Aquino

Barangay Guisguis chairman Honofre Arfapo Jr.

Barangay Tubotubo North chairman Luis Mistica

Barangay Tubotubo Sur chairman Myrna De Los Reyes

Barangay Lucapon South chairman Guillermo Ebanculla

Barangay Bolitoc chairman Nilo Angeles

Complainants Josephine Astadan, Salvador Cortez Jr., Berto Merced and pastor Edgardo Obra said the charges were for the alleged failure of the respondents to stop the destructive mining operations of at least six major mining companies in their town amid reports of massive environmental degradation in Sta. Cruz and other municipalities in the province.

“Since the operations of the abovementioned mining companies, there was a widespread gradual destruction and pollution of the land and waters of our beloved town. The damage to the environment of Sta. Cruz, Zambales by mining is well documented,” the complainants said.

The group was referring to mining companies Benguet Corporation Nickel Mines (BNMI), David M. Consunji Inc. (DMCI), Eramen Minerals, Inc., Filipinas Mining Corporation, Inc., LNL Archipelago Minerals, Inc. and Zambales Diversified Metals Corporation.

The complainants said these mining companies have been operating in Sta. Cruz since 2005 amid several suspension orders, cease and desists orders, and notices of violations issued against them by the MGB.

“Curiously, despite the widespread degradation and destruction of the environment in Sta. Cruz, Zambales that would lead even the MGB to suspend the mining operations of these companies, the local government officials…were strangely quiet and unaffected by the destruction and degradation,” the complainants said.

“No penalties were imposed on these mining companies, allowing these mining companies to continue their activities unchecked and to violate environmental compliance laws with impunity,” the group added.

The group said the concerned MGB officials, despite issuing the suspension orders, must also be held accountable for still issuing Ore Transport Permits (OTPs) and Mineral Ore Export Permits (MOEPs) to these mining companies “which allowed them to haul, transport and export their stockpile of laterite ore” rendering the suspension orders it earlier imposed “toothless and ineffective”.

“While residents concede that typhoons and floodings are regular occurrences in the province, nowadays the waters rise much too quickly which can only lead to the conclusion that the mountains now absorb less water due in a large part to the scraping of the forest cover by miners who have even bulldozed though plots covered by DENR’s Community-Based Forest Management (CBFM),” the complaint read.

The complainants further said that the nickel-contaminated water flowing to the town’s rivers and creeks have also affected their fishing and farming industries which are the main source of livelihoods of majority of residents.

Meanwhile, national anti-mining coalition Alyansa Tigil Mina (ATM) has expressed support for the complainants.

“DENR and the Zambales LGU have the responsibility to implement environmental laws and oversee that these laws are properly implemented,” ATM national coordinator Jaybee Garganera said in a press statement.

“Unfortunately, these government offices have failed to do their respective parts which resulted in environmental degradation and violation of the peoples right to a healthy and balanced ecology as well as the right to sustainable development,” Garganera said.

The complainants, together with other members of CCOS and ATM, held a rally in front of the DENR main office in Quezon City on Wednesday before they marched to the Office of the Ombudsman to file the complaint.

GMA News Online is still trying to get a reaction from Paje and the other respondents as of posting time. — JDS, GMA News

x x x."

- See more at: http://www.gmanetwork.com/news/story/539161/news/regions/sec-paje-gov-ebdane-face-graft-complaint-over-environmental-plunder-of-zambales#sthash.Q4H2xTw2.dpuf

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Only SC can dismiss cases vs lawyers under new rules | Inquirer News

October 27, 2015, 1:33 pm

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See - Only SC can dismiss cases vs lawyers under new rules | Inquirer News

"x x x.

MANILA, Philippines — Now, only the Supreme Court could dismiss complaints against lawyers.

This after the high court revised rules on the discipline of members of the bar, directing the Integrated Bar of the Philippines (IBP), the organization of all lawyers in the country, to revise its internal rules on administrative cases in accordance with the amendment.

“The power to dismiss a complaint against a lawyer rests solely with the Supreme Court and cannot be delegated to the IBP,” said the high court in a statement on Tuesday.

In amending Rule 139-B of the Rules of Court, the high court limited the IBP’s power over administrative cases to making recommendations upon hearing, unlike before when the organization could dismiss complaints at its level.

With the amendment, only the Supreme Court can dismiss a case against a lawyer or impose penalties.

“Section 5 of Bar Matter No. 1645 now only grants the IBP recommendatory powers: “[i]f the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the Investigator will recommend to the Board of Governors the dismissal of the complaint,” the high court said.

The high court said such an amendment was pursuant to Article VIII, Section 5(5) of the 1987 Constitution, which has vested upon the high court “the power to promulgate rules concerning the admission to the practice of law.” - SFM.

x x x."

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