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Comelec to move cases vs Guo from Tarlac court for lawyers and witnesses

By J.Lo

For  misrepresenting herself as  Filipino citizen dismissed Bamban mayor Alice Guo has been formally charged before  Tarlac Regional Trial Court (RTC).

Commission on Elections (Comelec) Chairman George Garcia said  poll body filed  criminal complaint against Guo.

Comelec accused Guo of violating  Omnibus Election Code for stating in her certificate of candidacy (COC),  she filed on Oct. 1, 2021, that she was  Filipino citizen when she ran for mayor in  2022 general elections.

In its complaint,  Comelec said Guo was “in truth and in fact…  Chinese citizen and  resident of Fujian, China” named Hua Ping Lin Guo.

Garcia said  Comelec had accorded Guo due process, but she did not file  motion for reconsideration on poll body’s decision to file  election offense case against her.

Garcia said  Comelec will file  motion for  transfer of  trial venue for  security of election lawyers and witnesses.

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Headlines

DOJ, ICC urged to use Duterte statements under oath

By Nidz Godino

“We will cross the bridge when we get there… no request yet…for me, I will be greatly disappointed if  international body will be  first one to  request rather than  Philippine group, group of Filipinos,” Senate Minority Leader Aquilino “Koko” Pimentel said Sen. Risa Hontiveros  urged  Department of Justice (DOJ) and  International Criminal Court (ICC) to use former president Rodrigo Duterte’s statements during  Senate’s drug war hearing to build  case against him.

Pimentel said would be disappointing if  foreign entity would beat Philippine prosecutors in using Duterte’s statements, whose transcripts would be made available to  public.

If  transcripts would be used as evidence, it would be certified by  Senate Blue Ribbon subcommittee that Pimentel chairs.

Pimentel said the matter may need to be discussed at  Senate plenary.

Hontiveros called Duterte’s admission before  Senate Blue Ribbon subcommittee  he has  gangster-led death squad to kill criminals  “bombshell testimony.”

While claiming he did not order  police to kill suspected criminals, Duterte boasted that he prodded them to agitate suspects into fighting back so there would be reason to kill them.

“I hope Department of Justice as well as investigators of  International Criminal Court are seriously reviewing  many admissions and confessions made under oath by former president Duterte, such as his creation of  death squad in Davao City, his attempt as president to convince police officials to kill certain individuals and his order to police officers to ‘encourage’ suspects to fight back so they could be summarily executed,” Hontiveros said.

While Duterte is not facing any cases in local courts, he is being investigated by  Hague-based ICC for crimes against humanity because of  summary deaths of low-level drug users and pushers during his administration.

Hontiveros also urged Malacañang to amend Executive Order 2, s. 2016 issued by then president Duterte  limits  public’s right to freedom of information.

House committee on human rights and Manila Rep. Benny Abante also believes  Duterte’s admission of responsibility for drug war-related killings could open  floodgates for both local and international prosecution.

According to the lawmaker, Duterte’s owning up to sole responsibility over extrajudicial killings (EJKs) could lead to “intensified scrutiny and potential legal repercussions.”

“Recent admission of the former president of responsibility for all  killings under his controversial war on drugs could open  doors for legal action both domestically and internationally like ICC,” he noted. Abante added  Duterte, a lawyer, is likely aware of  implications of his admission.

He also said Duterte provided sufficient grounds for  DOJ, Office of the Ombudsman and other relevant authorities to launch  initial investigation, allowing legal proceedings to be taken against him.

Abante maintained  Philippine justice system should act impartially, saying that while Duterte is getting quite old, he still “cannot get away from  responsibility, accountability of his actions.”

Pimentel clarified  investigation of his subcommittee will only cover investigation on war against illegal drugs during  presidency of Duterte. 

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29 Octubre,2024 Martes

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Solons  urge DOJ to file charges, jail Duterte over drug war killings

By Nidz Godino

“For all of its war on drugs successes and shortcomings, I and I alone take full legal responsibility sa lahat ng nagawa ng pulis pursuant to my order…ako ang malagot at ako ang makulong,.. ‘wag yung pulis na sumunod sa order ko,” former President Rodrigo Duterte should be imprisoned for  thousands of extrajudicial killings committed during his war on drugs, House lawmakers said. 

In  statement, neophyte lawmakers of  “Young Guns” bloc did not hold back when they said Duterte should “go to jail.” 

This was their response after  former president said  at Senate inquiry into  war on drugs that he, not  police officers who followed his orders, should be detained for leading  campaign.

Rep. Jude Acidre (Tingog Party-list) said  even  former president should not be immune from legal consequences. Now that Duterte is claiming responsibility for drug war’s effects,  lawmaker stressed  this provides sufficient grounds for  justice system to act.

“If we truly stand by our principles of justice and  rule of law, then Mr. Duterte must be held accountable…he must go to jail for these EJKs…this is not about politics; it’s about justice,” he said.    

House Committee on Human Rights Chairman Rep. Bienvenido Abante (Manila, 6th District) pointed out that Duterte’s repeated calls to kill drug suspects, even those resisting arrest, had “emboldened” police officials to carry out such actions.

“Well, that would be  normal statement that can be said by any leader, but we’ve seen his repeated pronouncements to “kill, kill…”he said it numerous times… emboldened  Philippine National Police officers to actually kill,” he said .

He stressed  Duterte’s statement claiming responsibility for all EJKs paves  way for legal action both domestically and internationally. 

This is particularly reinforced by  House Quad Committee’s findings,  uncovered multiple testimonies about  former president’s alleged reward system for police officers involved in killing drug suspects, Abante said.

Despite  former president’s old age,  Quad Comm co-chair also said  Duterte still “cannot get away from  responsibility of his actions.” 

In  separate statement, Rep. Perci Cendaña (Akbayan Partylist) also urged Department of Justice to “act swiftly” in filing appropriate charges against Duterte and complicit officials for extrajudicial killings, following his admission of responsibility and  existence of  Davao Death Squad (DDS).

Meanwhile, Rep. Paolo Ortega (La Union, 1st District) said  country should consider supporting  International Criminal Court’s (ICC) probe into EJKs if domestic cases do not pan out.  ICC has been examining documents and testimonies since 2018. 

“If Philippine authorities do not act,  ICC could be  crucial avenue for justice….we must ensure accountability for  lives lost and demonstrate no one is above the law,” he said. 

Acidre added  “ wheels of justice must take their course,” and if Duterte is proven guilty, he should go to jail.

House Quad Comm invited Duterte to attend its public hearing on October 22 regarding  extrajudicial killings in  war on drugs, but his legal counsel told  committee that Duterte was unable to attend because he was “feeling unwell.” 

Rodrigo Duterte to skip House EJK probe on October 22The Philippine National Police said on Monday, October 21, that former President Rodrigo Duterte received the co…

According to  excuse letter, Duterte prefers to attend  House’s public hearings after November 1. However,  former president was present at  Senate’s inquiry on October 28. 

Rep. Dan Fernandez (Santa Rosa, Lone District),  co-chair of  mega-panel, previously said  it would be “disrespectful” and “unfair” if Duterte would only attend  Senate hearings. 

Two members of the Senate, Sen. Ronald “Bato” dela Rosa and Sen. Bong Go, were trusted aides of Duterte during his administration and are both implicated in extrajudicial killings and alleged reward system. Throughout  first Senate hearing, they frequently defended Duterte and themselves against these allegations.

Fernandez said Duterte’s attendance on Monday is “good for all,” as it allows Congress to fully understand what “really transpired during  implementation” of  war on drugs.

“It is incumbent upon us to seek the truth because  truth will always come out no matter how long you hide, it will always come out,” he added.

Human rights groups estimate that  war on drugs has resulted in around 30,000 extrajudicial killings, while government data places number at 6,000.

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Headlines

Plea bargain confirmed KOJC scam

By J.Lo

“Defendant and her co-conspirators would seek to maintain United States immigration status for KOJC workers who proved capable of meeting  KOJC’s cash solicitation quotas by obtaining student visas for such KOJC workers, for  purpose of evading immigration laws, ”aside from facilitating sham marriages, some officers of  Kingdom of Jesus Christ also implemented  visa fraud scheme in  United States, where dozens of KOJC members were directed to apply for student visas to extend their stay.

Plea  agreement of  US Attorney’s Office with Amanda Estopare,  KOJC administrator  in charge of tracking and reporting  money raised in e US to KOJC officials in the Philippines herself signed on Oct. 24,  KOJC officer admitted to being part of  conspiracy “to have certain KOJC workers, who were previously recruited as KOJC members from  Philippines, admitted into United States by obtaining United States non-immigrant visas under false pretenses.”

Her plea agreement specifically detailed how, from 2015 to 2020, they instructed KOJC workers to tell US immigration officers that they were traveling to  US to perform in church-related concerts, when in fact their primary purpose was to solicit donations.

 “Defendant and her co-conspirators would pay  tuition for  KOJC workers on student visas, using funds drawn from KOJC bank accounts…as defendant knew, KOJC workers attended college approximately one day a week, but would otherwise spend their time soliciting money for KOJC,” it stressed.

According to document, Estopare and her co-conspirators caused  submission of at least 25 but less than 100 fraudulent forms to US immigration authorities.

“They know that those forms contained false information regarding  purpose of  KOJC members’ enrollment at colleges, and that in reality,  purpose of extending or reinstating  KOJC members’ visitor status in the United States was to enable them to work soliciting funds for  KOJC,” read the plea agreement.

Estopare, along with co-accused Guia Cabactulan, entered into plea agreements with  US Attorney’s Office and admitted to being part of visa fraud scheme.

In her separate plea agreement, Cabactulan admitted to facilitating sham marriages between KOJC members from  Philippines with those who are US citizens “for  purpose of evading immigration laws.”

“Defendant and her co-conspirators completed and filed fraudulent marriage paperwork on behalf of KOJC workers and arranged for  KOJC workers to be transported to set location for  sham marriage ceremony, after  non-citizen spouse in such  sham marriage obtained LPR,lawful permanent resident status in United States and in some cases went on to become  naturalized US citizen, defendant and her co-conspirators would arrange for  couple to divorce to enable further fraudulent marriages that could support US permanent residency for still other non-citizen KOJC workers,” plea agreement with Cabactulan read.

Cabactulan confirmed being part of the scheme facilitated fraudulent visas for at least 25 but less than 100 members.

In exchange for agreeing to plead guilty to visa fraud scheme, US authorities will move to dismiss other charges against Estopare and Cabactulan.

Based on their plea agreements, two face  maximum prison sentence of five years and  fine of $250,000.

Estopare and Cabactulan were among  nine charged over alleged labor and sex trafficking scheme involving KOJC members.

Among those indicted in the case was KOJC leader Apollo Quiboloy, who is currently detained in the Philippines for separate human trafficking and abuse charges.

Two others who were indicted in  US, KOJC officer Marissa Duenas and paralegal Maria de Leon, also entered into plea agreements with  US Attorney’s Office.

Aside from Quiboloy, two others believed to be in the Philippines  Teresita Dandan and Helen Panilag are on most wanted list of  US Federal Bureau of Investigation.

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29 Octubre,2024 Martes

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Groups hit Senate’s drug war probe

By Nidz Godino

“Today, as an investigation into  ‘war on drugs’ by  Senate opens, we are aghast that it has become  platform for those involved and accused,” as  Senate opened its probe into former President Rodrigo Duterte’s war on drugs, two organizations representing victims of extrajudicial killings questioned  hearing’s impartiality. 

Rise Up for Life and for Rights and the National Union of Peoples’ Lawyers (NUPL), represented by human rights lawyers Neri Colmenares and Kristina Conti, said  Senate Blue Ribbon Committee includes members facing allegations alongside Duterte. 

They were referring to Sen. Christopher “Bong” Go, Duterte’s former special assistant when he was president, and Sen. Ronald “Bato” dela Rosa, his police chief and the drug war architect.

House Quad Committee,  first to conduct  congressional probe into  EJKs, revealed through testimonies from police lieutenants appointed by Duterte that Go and Dela Rosa are allegedly involved in the bloody war on drugs and  reward system for every killed drug suspect.

During  Senate Blue Ribbon Committee’s first hearing, Go devoted over 15 minutes in his opening speech to defend himself and Duterte against  allegations.

This is contradictory to Go’s statement in  interview on Sept. 24, 2019, where he said   reward would be given to those who kill “ninja cops,” referring to police officers involved in  illegal drug trade.

Duterte to name ‘ninja’ copsPresident Duterte will soon divulge the names of ranking officers of the Philippine National Police (PNP) allege…

“I think he will personally announce to the public kung sino po yung sangkot na ito…at importante pong si pangulo ang magsasabi…sabi niya, karapatan po ng Pilipinong malaman kung sino po ang ninja cops…nabanggit din po niyang, nandyan pa rin po ‘yung reward na kanyang sinabi noon. P1 million sa mga ninja cops patay… ‘pag buhay, kalahating milyon lang po… ‘pag lumaban, P2 million,” Go said.  

Go maintained his statement had nothing to do with  war on drugs.

“Hindi po war on drugs ‘yun…kung panonoorin niyo po ang full video, hindi ko po tinutukoy ang reward system sa war on drugs dito…tungkol ‘yan sa pagtugis sa ninja cops,” he said.

Meanwhile, Dela Rosa appeared irritable and frustrated, raising his voice for much of  hearing as resource persons explained how  police failed to investigate numerous EJK cases. Many times, he merely defended himself from allegations. 

The former police chief even accused one resource person of using these EJK cases as propaganda against  government, questioning why they had not reported  lack of investigation to  police.

Colmenares and Conti said in  statement that the two senators’ behavior “raises significant questions over  independence and effectiveness” of  Senate inquiry. Similar to  worries of House lawmakers,  hearing might “serve as  whitewash,” they stressed.

 “Senators Christopher Lawrence ‘Bong’ Go and Ronald ‘Bato’ Dela Rosa had neither  decency nor discretion to inhibit themselves, despite persistent and credible allegations of their participation in the whole scheme of things,”  lawyers said. 

Rise Up and NUPL concluded in their statement that Duterte’s absence at House Quad Comm’s hearings exhibits his “imprudence and impertinence” towards  lower chamber. 

“His presence at Senate today, alongside those alleged to be his henchmen or supporters, is sinister,” they added.  

The former president, according to his legal counsel, excused himself from House hearing on October 22 because he was feeling under  weather. Duterte also said that he prefers to attend after November 1. 

However, Duterte was seen attending Senate’s probe on October 28, throwing curse words in almost every sentence and interrupting senators and resource persons as they spoke. 

Duterte also claimed he should be held accountable for leading  drug war, rather than  police officers who “only followed his orders,” though he expressed no remorse over  extrajudicial killings committed.   

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Headlines

Plea bargain confirmed KOJC scam

By J.Lo

“Defendant and her co-conspirators would seek to maintain United States immigration status for KOJC workers who proved capable of meeting  KOJC’s cash solicitation quotas by obtaining student visas for such KOJC workers, for  purpose of evading immigration laws,”aside from facilitating sham marriages, some officers of  Kingdom of Jesus Christ also implemented  visa fraud scheme in  United States, where dozens of KOJC members were directed to apply for student visas to extend their stay.

Plea  agreement of  US Attorney’s Office with Amanda Estopare,  KOJC administrator  in charge of tracking and reporting  money raised in e US to KOJC officials in the Philippines herself signed on Oct. 24,  KOJC officer admitted to being part of  conspiracy “to have certain KOJC workers, who were previously recruited as KOJC members from  Philippines, admitted into United States by obtaining United States non-immigrant visas under false pretenses.”

Her plea agreement specifically detailed how, from 2015 to 2020, they instructed KOJC workers to tell US immigration officers that they were traveling to  US to perform in church-related concerts, when in fact their primary purpose was to solicit donations.

 “Defendant and her co-conspirators would pay  tuition for  KOJC workers on student visas, using funds drawn from KOJC bank accounts…as defendant knew, KOJC workers attended college approximately one day a week, but would otherwise spend their time soliciting money for KOJC,” it stressed.

According to document, Estopare and her co-conspirators caused  submission of at least 25 but less than 100 fraudulent forms to US immigration authorities.

“They know that those forms contained false information regarding  purpose of  KOJC members’ enrollment at colleges, and that in reality,  purpose of extending or reinstating  KOJC members’ visitor status in the United States was to enable them to work soliciting funds for  KOJC,” read the plea agreement.

Estopare, along with co-accused Guia Cabactulan, entered into plea agreements with  US Attorney’s Office and admitted to being part of visa fraud scheme.

In her separate plea agreement, Cabactulan admitted to facilitating sham marriages between KOJC members from  Philippines with those who are US citizens “for  purpose of evading immigration laws.”

“Defendant and her co-conspirators completed and filed fraudulent marriage paperwork on behalf of KOJC workers and arranged for  KOJC workers to be transported to set location for  sham marriage ceremony, after  non-citizen spouse in such  sham marriage obtained LPR,lawful permanent resident status in United States and in some cases went on to become  naturalized US citizen, defendant and her co-conspirators would arrange for  couple to divorce to enable further fraudulent marriages that could support US permanent residency for still other non-citizen KOJC workers,” plea agreement with Cabactulan read.

Cabactulan confirmed being part of the scheme facilitated fraudulent visas for at least 25 but less than 100 members.

In exchange for agreeing to plead guilty to visa fraud scheme, US authorities will move to dismiss other charges against Estopare and Cabactulan.

Based on their plea agreements, two face  maximum prison sentence of five years and  fine of $250,000.

Estopare and Cabactulan were among  nine charged over alleged labor and sex trafficking scheme involving KOJC members.

Among those indicted in the case was KOJC leader Apollo Quiboloy, who is currently detained in the Philippines for separate human trafficking and abuse charges.

Two others who were indicted in  US, KOJC officer Marissa Duenas and paralegal Maria de Leon, also entered into plea agreements with  US Attorney’s Office.

Aside from Quiboloy, two others believed to be in the Philippines  Teresita Dandan and Helen Panilag are on most wanted list of  US Federal Bureau of Investigation.

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28 Octubre,2024 Lunes

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KOJC members admit marriage fraud

By Nidz Godino

Two more co-accused of detained Kingdom of Jesus Christ (KOJC) founder Apollo Quiboloy Guia Cabactulan and Amanda Estopare have reportedly entered into  plea agreement in  United States.

Both  Cabactulan and  Estopare have agreed to enter guilty pleas to  lesser charge relating to marriage fraud.

Duo, along with Quiboloy and six others, were indicted in  US for allegedly orchestrating  sex and labor trafficking operation.

Cabactulan was identified as  lead KOJC administrator in  US, while Estopare was allegedly in charge of tracking and reporting  money raised in  US to KOJC officials in the Philippines.

Under  17-page plea agreement, Cabactulan and Estopare could face up to five years in prison and  $250,000 fine.

Court  is scheduled to discuss plea agreement next week, where  date for sentencing may be set for them.

Duo  were arrested in 2020, along with co-accused Marissa Duenas, who also entered into  plea agreement with the US earlier this month.

Based on their original indictment, Cabactulan, Estopare and Duenas were accused of overseeing  labor trafficking scheme “ forced church members to solicit donations for  bogus charity after  defendants illegally obtained visas and other immigration documents that allowed  workers to enter and remain in United States.”

It also alleged  conspiracy to commit  series of offenses, such as trafficking with respect to forced labor, document servitude, immigration fraud and marriage fraud.

In 2021,  US federal grand jury expanded indictment to include six new defendants, including Quiboloy.

It alleged  existence of  sex trafficking scheme  “that coerced girls and young women to have sex with  church’s leader under threats of ‘eternal damnation.’”

Three more suspects  Felina Salinas, Bettina Roces and Maria de Leon  were arrested following  release of  superseding indictment.

Quiboloy and two others believed to be in the Philippines, Teresita Dandan and Helen Panilag, remained at large and were included in  most wanted list of  US Federal Bureau of Investigation in 2022.

Quiboloy is currently detained in the Philippines over separate charges of qualified human trafficking and child and sexual abuse.

US government has yet to request extradition of  detained suspect, based on latest information from Philippine authorities.

Department of Justice guaranteed  criminal charges against Quiboloy in Philippine courts remain unstirred by  plea bargain agreement with US prosecutors.

Quiboloy is facing child abuse charges in  Quezon City court, as well as qualified human trafficking charges in Pasig City.

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Hse eyes plunder raps vs VP Sara, P112.5 M cash advances

By Nidz Godino

“These funds are taxpayers’ money, and we have to ensure that these are spent judiciously,” Senior Deputy Speaker Aurelio Gonzales Jr. said, referring to three separate checks issued, each worth P37.5 million, during  first three quarters of 2023, when Vice President Sara Duterte-Carpio was still leading Department of Education. 

Failure on the part of Duterte to fully account for  P112.5 million in confidential funds she advanced during her time as education secretary will make her liable for plunder,  senior administration lawmaker warned. 

 “If the VP, as head of  Department of Education then, cannot give us  clear explanation as to how these were spent, then it is our duty as lawmakers to pursue what is necessary and legal,  may include  recommendation for plunder, to protect  public interest,” Gonzales stressed.

“If she cannot explain how this P112.5 million were spent, we may have no choice but to consider recommending  filing of  plunder case,” he reiterated.

With  threshold for plunder set at P50 million,  P112.5 million in question significantly surpasses that limit, according to the lawmaker.

Three checks were issued to DepEd Special Disbursing Officer Edward Fajarda.

Although  sitting VP is an impeachable official, legal and constitutional experts have previously clarified  unlike the President,  Vice President does not enjoy immunity from suit, leaving her open to criminal charges while in office.

Gonzales, who represents Pampanga’s third district, issued his warning as he continued to press for answers regarding  questionable disbursement uncovered during  Oct. 17 hearing of  House of Representatives committee on good government and public accountability.

During  hearing presided by committee chairman, Manila 3rd District Rep. Joel Chua, Gonzales directed  series of pointed questions to DepEd Undersecretary for finance Annalyn Sevilla about  disbursement of  confidential funds, as well as Fajarda’s role in encashing them.

Sevilla confirmed  checks were issued and encashed by Fajarda in accordance with  standard procedures for cash advances involving confidential and intelligence funds, adding that her role as undersecretary for finance was limited to processing  disbursement of  funds.

At the same time, Sevilla also noted that the DepEd Finance Office had no role in overseeing how  funds were ultimately spent.

“There is no record where we can see  full accounting or budget on utilization or liquidation,” she said.

This response earned Gonzales’ ire, saying this is  vital issue with  documentation of  transactions.

“This check has  corresponding voucher right…so, how come Mr. Fajarda was able to encash  check?” he asked.

Sevilla then confirmed checks were encashed at Land Bank of the Philippines and that Fajarda was responsible for transporting  funds.

Gonzales pointed out discrepancies in  documentation, noting that  disbursement vouchers for  funds were labeled as maintenance and other operating expenses rather than confidential funds.

This, he argued, raises serious concerns about how  funds were categorized and whether they were used for their intended purposes.

Lawmaker  emphasized that such mislabeling could indicate  lack of transparency and potential misuse of  public funds allocated for sensitive programs.