Sandigan decision junking Marcos ill-gotten wealth case upheld

By Nidz Godino

Supreme Court (SC) finally junked  affirming  Sandiganbayan 2012 ruling dismissing ill-gotten wealth case filed by  Philippine government against  estate of  late president Ferdinand Marcos and several of his alleged cronies led by business tycoon Lucio Tan.

In  62-page decision promulgated on Oct. 3 but made public on Nov. 13, SC resolved  consolidated cases originating from 1987 complaint for recovery and reconveyance of ill-gotten wealth filed by  Presidential Commission on Good Government (PCGG) before  Sandiganbayan.

High Court en banc upheld  Sandiganbayan’s June 2012 decision and September 2012 resolution  dismissed  PCGG’s second amended complaint for reversion, reconveyance, restitution, accounting and damages.

Marcos Sr. estate was represented by former first lady Imelda Marcos, son and now President Ferdinand Marcos Jr. and daughters Senator Imee Marcos and Irene Araneta.

Aside from Tan, also named as respondents were Don Ferry, Cesar Zalamea and Tan’s family members and business associates.

In 2012,  Sandiganbayan dismissed  complaint, saying  government failed to prove that  assets and properties were ill-gotten wealth.  Sandiganbayan also dismissed  motion for reconsideration filed by  government.

PCGG then brought  case before  SC in four separate petitions, which were all denied.

In denying  petitions,  High Court upheld  Sandiganbayan’s findings pieces of evidence presented by  PCGG failed to establish assets and properties covered in complaint were illegally acquired.

Among  pieces of evidence presented by  PCGG were former first lady’s amended answer, Tan’s written disclosure, Marcos Jr.’s testimony and documents found by  commission during its investigations.

Identified in  ill-gotten wealth case were Tan’s companies to which late president Marcos Mrs. Marcos allegedly gave concessions to, or have interests or beneficial ownership in.

In its decision, SC said  Mrs. Marcos’ amended answer, she merely stated Marcos Sr. had 60 percent beneficial ownership in Tan’s companies, which beneficial interests were held in trust by  business tycoon and his associates who were stockholders of  said companies.

There is nothing in the amended answer “that would even suggest that undue advantage of office, authority, influence, connections or relationship was employed to facilitate  acquisition by Marcos of his 60 percent beneficial ownership in respondent Tan’s companies,” High Court said.

Tan’s written disclosure, which was used by  PCGG to prove  60-40 business arrangement between  business tycoon and Marcos, including  supposed incorporations of holding companies for  latter’s benefit, meanwhile, cannot be admitted as evidence as prosecution failed to present him as  witness to authenticate  document.

SC said  private document should be first authenticated either by  person who executed it,  person before whom its execution was acknowledged, any person who was present and saw it executed or who after its execution, saw it and recognized signatures or the person to whom  parties to  instruments had previously confessed execution before  document can be admitted in evidence.

In the case of Tan’s written disclosure,  business tycoon was not presented as  witness and he was not cross-examined on  statements he made in the document, saying “ hearsay rule excludes evidence that cannot be tested by cross-examination.”

SC also said Marcos Jr.’s testimony on purported meetings with his father and Tan on  60-40 business arrangement was “hearsay” and it cannot be used by  prosecution to prove  truth of facts asserted.

In its decision, the SC also affirmed 2010 Sandiganbayan ruling  dismissed  civil forfeiture case against Ferry and Zalamea,  two alleged associates of Marcos Sr.

It also dismissed  PCGG’s petition seeking  reversal of  Sandiganbayan’s resolution issued in 2011 denying its motion to admit  third amended complaint  seeks to include Philip Morris and Fortune Tobacco and several other individuals as respondents in the case.

High Court also affirmed  Sandiganbayan’s 2011 decision to dismiss  government’s motion for voluntary inhibition of chairman and members of Sandiganbayan’s 5th Division.

PISTON 3-day ‘tigil-pasada’ a month ahead of PUV consolidation deadline

By J.Lo

“December 31, 2023 deadline will automatically take away livelihood of drivers and operators,” Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide (Piston) President Mody Floranda  said progressive transport group PISTON announced  nationwide three-day transport strike  month ahead of  December 31 deadline for PUV consolidation deadline.

PISTON leaders set  upcoming strike from November 20 to 23 after being announced at  press conference held at  Commission on Human Rights in Quezon City.

“In provisions they have released, they  could still consolidate within six months. 12 months to 27 months…but  ultimate goal is to phaseout public transportation.”

Drivers and operators of traditional jeepneys and UV Express units need to consolidate into cooperatives or corporations before  deadline. Those who fail to do so to will be ordered to stop their operations under  PUV modernization program.

This is in response to  forthcoming phaseout of traditional jeepneys, aligning with  government’s initiative to transition towards modern minibuses that are considered more “environmentally friendly”.

PISTON argued  modern jeepneys are overly costly, potentially burdening operators with significant debt, citing unit costs reaching up to P2.8 million each.

 Transport  leader who spoke before  press conference shared how  Metro Manila route started with 100 mini buses during  PUV modernization’s pilot implementation. Only 20 units are said to be remaining due to problems arose. 

“This isn’t being done to fix public transportation, but to easily transfer… to big businessmen and corporations routes and livelihood of small operators,” Floranda added in  statement.

“We encourage all drivers and operators in  whole country to join in strike to fight for our livelihood and rights…enough is enough…welga na!”

Besides  immediate repealing of  current PUV modernization program, PISTON released  list of demands prior to their planned strike:

• Scrap  franchise consolidation requirement and allow those who previously complied to withdraw their individual franchises.
• Restore  five-year franchises for all PUVs and all modified PUV routes
• Provide immediate cash aid and reasonable financial support for all affected PUV drivers and small operators.
• Uphold  right to freedom of association and respect right to strike.
• Implement  “pro-people” just transition in public transport modernization anchored on  program of local and national industrialization instead of overly relying on imported vehicles.

Land Transportation Franchising and Regulatory Board (LTFRB) for their part will convene today to “to discuss how  impending transport strike will impact  transport sector and  riding public.”

“LTFRB leadership vows to coordinate with other government agencies and  local government units on ways to provide free rides to  public should strike pushes through,” said LTFRB spokesperson Celine Pialago to members of  media.

Militant  group clarified that they are not against modernization but are pushing for  transition that is more just and humane.

President Ferdinand Marcos Jr. earlier promised to review  highly controversial modernization program for public utility vehicles.

Over 120,000 jeepney units went on  tigil-pasada last October under  leadership of transport group MANIBELA while protesting  said deadline and alleged corruption within  Land Transportation Franchising and Regulatory Board.

Ph can ditch coal, gas for renewables by 2050

By Nidz Godino

“Such  transition is not only essential for  country’s commitment to meeting international emissions reduction targets under  Paris Agreement but also for ensuring energy security, affordability, and environmental well-being,”  Climate Analytics report read  “entirely feasible” for  Philippines to end its reliance on coal and gas in favor of renewable energy sources by 2050, can reduce electricity costs and create around one million jobs, analysis suggested. 

According to  report by Berlin-based global science policy institute Climate Analytics released  Philippines should end its coal habit by 2035, and almost entirely phase out gas-fired generation by 2040 to attain  1.5 Celsius compatible emissions pathway.

Intergovernmental Panel on Climate Change,  United Nations-backed body of scientists, says  greenhouse gas emissions must peak before 2025 and reach net zero in  early 2050s to limit global warming to 1.5 Celsius with no or limited overshoot. Achieving this target requires accelerated global energy transition.

Power  generation in the Philippines heavily relies on fossil fuels, with  country generating 60% of its electricity from coal,  significant contributor to carbon dioxide emissions.  Share  of coal increased significantly from 45% in 2015.

Philippines in 2020 declared  moratorium on proposals to build new coal-fired plants.

Meanwhile,  share of gas dropped to 16% in 2022 from 23% in 2015. Philippine Energy Plan indicates  share of gas in power generation is set to increase to 27 to 40% by 2040 through gas imports.

Report  stressed  need for  well-defined plan for  expedited coal phase-out and renewable energy expansion to 99% coverage by 2050. 

According to  analysis,  country’s potential for renewables was estimated at around 1,200 gigawatts, including solar rooftop, open-field solar, and onshore and offshore wind. 

Climate Analytics suggested additional 152 terawatt-hours will be required by 2050 to meet future electricity demand and phase out fossil fuels. Department of Energy targets to increase share of renewable energy in  country’s generation mix to 30% by 2030, to 50% by 2040, and to more than 50% by 2050.

“We find  with  right international funding and policies in place, Philippines could transition its power sector to near-100% renewable energy,” Climate Analytics analyst Nandini Das said. 

Report  recommended  government should direct investments into renewables, streamline processes among various institutions to increase awareness of procedures and policies among public and private sectors, and strengthen  ability of clean energy sources to withstand climate impacts.

Climate Analytics report also pointed out  weaning off fossil fuels and shifting to renewables like open-field and rooftop solar will reduce electricity cost and enable country to attain greater self-sufficiency. 

Findings of  analysis also showed  around one million jobs will be created in Philippines between 2020 and 2050 by replacing coal and gas with renewables.

“As  country that is among  most vulnerable in  world to climate crisis, 1.5 C goal is  survival threshold  simply not optional for  Philippines,” said Kenneth Quesada, data research analyst of sustainability think-tank Center for Energy, Ecology, and Development. CEED commissioned  analysis. 

“There really is no reason for our government or energy players alike to argue that we need massive new capacities of gas and other fossil fuels in advancing our energy transition when climate-aligned pathways of tapping our abundant renewable energy potential are also  ones  make most economic sense,” he concluded.

Go seeks prompt release of HEA

By Nidz Godino

“For nineth time, I am appealing to  DOH, DBM to fast-track  release of  unpaid Health Emergency Allowances due our nurses and other health care workers who served during  COVID-19 pandemic,” Sen. Bong Go, chair of Senate committee on health, has reiterated his appeal to  Department of Budget and Management (DBM) and Department of Health (DOH) to fast-track  release of  health emergency allowances (HEA) still due to health care workers who served during  COVID-19 pandemic.

Senator’s  request came amid growing concerns over delayed payments and unresolved financial commitments to frontline workers.

He emphasized critical role these individuals played during  height of  crisis, and even until now, in securing  health and well-being of every Filipino.

Go highlighted  sacrifices of these health workers, who risked their lives daily to care for  nation. He pointed out  disparity between allowances they are set to receive and magnitude of their sacrifices.

“They are  heroes during  pandemic…we would not be here if not for them…most of them fell ill, some have died,” he said.

“Their allowances are but  small token compared to  immense sacrifice they did,” he remarked, drawing attention to  need for government to fulfill its duty to these health care heroes.

Senator  noted  passage of Republic Act 11712, provides for continuing benefits and allowances to health care workers during public health emergencies. Despite  lifting of  state of public health emergency in July, many health care workers have yet to receive their HEA.

Go acknowledged this ongoing issue and pledged to continue reminding DBM and  DOH about  government’s obligation to health care workers.

“That’s why, whenever we meet in person, I am constantly reminding  secretaries of DBM and DOH  I will remind them to give  HEA already,” he said.

In terms of budget allocations, Go said  DBM has released P23.6 billion from this year’s budget, with P19.6 billion coming from programmed appropriations and  additional P4 billion from unprogrammed funds. However, this amount still falls short of total requirement.

DOH has reported  over P62 billion worth of HEA remains unpaid, with arrears accumulating from 2021 to 2023.

DOH recently requested for  additional P25.9 billion from DBM to cover outstanding HEA payments.

“We still have health workers who have not been paid their HEA… should be  obligation of  government should be paid by DOH and DBM,” Go said.

During  Nov. 8 Senate plenary session where  budget of DBM was deliberated, Go questioned delay in  disbursement of  HEA and highlighted its importance in providing financial relief to health care workers.

While there are significant concerns about  delays, Go acknowledged  initial steps taken by  authorities.

“If needed because of complaints, I am willing to call for  hearing… for the meantime, they have said  P23.6 billion has been initially released,” he said.

Lakas-CMD, largest House power bloc anew

By Nidz Godino

“Our party remains steadfast in its dedication to nation-building and we thank those joining us for committing to contribute to shaping  better and progressive Philippines,” Speaker Ferdinand Martin Romualdez said  once powerful Lakas-CMD party catapulted to power late former president Fidel Ramos and former president Gloria Macapagal-Arroyo has re-emerged to be  most dominant organization under  280-strong supermajority coalition supporting President Ferdinand Marcos Jr.

Ruling  party, now headed by  Romualdez and whose president emeritus is Arroyo, now has  total of 82 members in  311-member House of Representatives,  most among political parties under  administration coalition.

Political  party disclosed it reached  82 number after four more House members left their parties and joined ruling party, among them Reps. Edwin Olivares (Parañaque), Antonio Calixto (Pasay), Glona Labadlabad (Zamboanga del Norte) and Eduardo Roa Rama Jr. (Cebu).

Romualdez administered oath to  latest members, saying they all “share  common goal of serving Filipino people with integrity and dedication under President Marcos’ administration.”

 “We are elated to welcome these exceptional individuals into  Lakas-CMD family. ..thank you for aligning with us, as your entry will infuse fresh perspectives to further strengthen  Lakas-CMD’s commitment to nation-building, under President Marcos’ administration, to champion people’s welfare and interests,” Romualdez said.

Zamboanga del Norte 1st District Rep. Roberto Uy, Lakas-CMD member even before his proclamation, is now also  part of  82 members of  party. Uy officially took his oath Monday as congressman before  Speaker at  Plenary Hall of House.

Olivares, Calixto, Labadlabad and Rama were former members of  Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban), whose former chairman is former president Rodrigo Duterte.

Also on Monday, Pasay City Vice Mayor Waltrudes del Rosario joined Lakas-CMD.

Senior Deputy Speaker Aurelio Gonzales Jr. of Pampanga’s third district, who was forced to resign from PDP-Laban after he named Duterte as  one who launched  vilification campaign against  House and its leadership, has now joined  ruling Lakas-CMD party.

Inclusion  of Gonzales, along with fellow PDP-Laban members Reps. Carmelo Lazatin II of Pampanga and Zaldy Villa of Siquijor initially brought to 77  total number of Lakas-CMD members in  lower chamber.

“We are very honored to welcome SDS Dong, Cong. Jon and Cong. Zaldy to our party…they are  great addition to  strength and diversity of Lakas-CMD,  coalition of hard-working public servants,” Romualdez concluded.

DENR to bolster native tree, bamboo species culture

By Nidz Godino

Establishing  new and restoring old forest nurseries nationwide prioritizes projects  Department of Environment and Natural Resources (DENR).

DENR is aiming to bolster production of native trees and bamboo species by DENR Memorandum Order 2023-03 not only sets  guidelines for these forest nurseries, but also guarantees  availability of free seedlings of native species to  public.

Memorandum  underscores  agency’s commitment to its goal of promoting diversity, as well as supporting  local bamboo industry, it said crucial to  creation of urban green spaces.

Order  mandates all existing and fully operational nurseries to produce minimum of 15,000 seedlings of indigenous and endemic tree species per year, while those that cultivate both native tree seedlings and bamboo culms will have  annual target of 10,000 seedlings.

DENR said  10-percent minimum seedling requirement is also mandated for ornamental and indigenous flowering tree species, while  annual minimum seedling requirement for ornamental plants in  DENR-National Capital Region is increased to 30 percent.

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HEADLINES

No nepotisim in SK employees

By J.Lo

“Appointment will mirror  SK officials’ credibility and will be  precedent to their leadership. ..relatives are not allowed to be appointed as SK secretary and treasurer,” Interior Secretary Benjamin Abalos has signed DILG Memorandum Circular 2023-167, banning appointments of SK secretaries and treasurers within  second civil degree of consanguinity or affinity of any official.

Relatives of newly elected Sangguniang Kabataan officials are prohibited from serving as secretaries and treasurers of  SK board,  Department of the Interior and Local Government (DILG) said.

Appointed  SK personnel should not be related to any incumbent elected national, regional, provincial, city, municipal or barangay official in the locality.

SK officials must appoint qualified secretaries and treasurers within 60 days from their assumption of office.

Memorandum  also outlined guidelines that assist SK officials in selecting  qualified secretary and treasurer.

Appointee  should be  resident of  barangay for not less than one year, able to read and write in Filipino, English and  local dialect and must not have been convicted by final judgment of any crime involving moral turpitude.

SK treasurer should have educational background in business administration, bookkeeping or similar courses.

Other nominees can only be considered if there is no member  meets  educational requirements.

Appointed  treasurer and secretary must undergo mandatory training program, including bookkeeping, before they can assume office.

Technical Education and Skills Development Authority will facilitate  training of  secretary and treasurer.

TODAY’S GOD’S MESSAGE

Psalm 119:143

¹⁴³ Trouble and distress have come upon me,
    but your commands give me delight.

Komedya o Komida

Ni Derek Jorge

Komida Maharlika

WOW $8.9 billion pala ang puhunan ng Maharlika Investment Fund, bagong batas na hindi magkandatuto ang mga dalubhasa sa pagbalangkas ng panuto sa pagpapatupad. Sa mga kasambahay nating mananakay ng jeepney at mga mamamalakaya sa timog dagat tsina, pati na mga maggugulay sa Divisoria na walang pakialam sa ganitong mga patakaran, hindi naman masamang tugaygayan natin at sa pinakapayak na pananalitang kalye ay sisikapin kong linawin. Pero shout out muna kay Sir Romy Cachin, kay Madam Isabel, hepe ng Quezon City Probation Office 3, ipagpatawd po ninyo kung na-offend ko kayo pero babawi naman ako nang serbisyo. Kapwa pribado’t gobyernong mamumuhunan pala ay pwedeng makipagnegosyo sa MIF, kung paano ang pagkita ng mga bulag, tututukan natin Kiwal, bulati kong kikiwal-kiwal. Ang  mga 9 magiging myembro kasambahay ng MIC board, ito ho ang babalangkas ng mga patakarang paiiralin naman ng executive committee o lupong tagapagpaganap na binubuo ng MIC president ang tagapangunang secretary of finance; presidente at chief executive officer ng MIC ang kapwa CEO ng Land Bank of the Philippines na nagpapasahod sa mga empleyado ng gobyerno at Development Bank of the Philippines ang dalawang deputadong chairman; dalawang regular na director at tatlong independyenteng director mula pribadong sector.     Ang mga mabubunying taga-Bangko Sebtral pala ang may pinakamalalaking sweldo sa gobyerno. P25-27 milyon bawat taon, aba’y sikapin mo ate Mae na makapasok doon at hindi mo na kailangang pumunta ng New Zealand kapag ganoon ang sahod mo.   Maligayang kaarawan House Speaker Martin Romualdez, “welcome to senior club”. Sa ilalim kasambahay ng United Nations agreement on terrorism, may rendition ang mga myembrong bansa kabilang dito ang Pilipinas at Timor-Leste, daramputin at itatapon pabalik sa umuusig na bansa ang terorista, kinikilalang terorista si Arnolfo Teves, takbo na habang may panahon pa, baka maging segunda Sadam ka. Ang redition ho ay sa halip na extradition kung may mandamyento de aresto ang takas. Pero kung sentensyado na, extradition treaty ang ginagamit. Asahang padadalhan ng kopya ng papeles laban kay Teves ang Timor-Leste. .  Maligayang bati Ginoo at Gng. Aristides Valdez, mabuhay ang bagong kasal.  Pastor Saturnino Abraham, agarin mo naman ang dokumento ng lupa para sa pabahay ng mga Badjao sa Tacurong City, Sultan Kudarat. Jonathan Fernandez, muzta na, nagkakalimutan na tayo a. Problem aba, pag-usapan natin, ndgodino@yahoo.com.

Martin is hopeful mending fences with Dutertes

By Nidz Godino

“I believe that’s  right decision…we hail VP Sara’s decision,” Speaker Martin Romualdez ,Leyte congressman Speaker Martin Romualdez remains hopeful his relationship with former president Rodrigo Duterte and his daughter Vice President Sara Duterte-Carpio will improve despite their political differences.

Romualdez made  pronouncement, on  eve of his 60th birthday, as he also expressed his gratitude to the Vice President, also secretary of Department of Education, for respecting House’s decision to realign her confidential funds.

Asked if he sees improvement in his relationship with the Dutertes,  House leader replied… “always, always… I’m very hopeful, we always work together, it’s still  UniTeam… President always wants us to work together, not just in Congress, with executive department, but as  country so we will always strive for that” adding he still trusts the family.

He  expressed his “deepest gratitude” to House personnel, including congressional staff, for their hard work and dedication to duty, saying they are  chamber’s principal strength.

“We recognize that our greatest asset is not walls that surround us, nor  laws we pass, but  people who work tirelessly to uphold  pillars of our democracy, your hard work, dedication and resilience are  driving forces behind our remarkable achievements…let us continue to work hand in hand, with integrity and commitment, as we steer this House towards greater heights,..in our ongoing efforts, we have successfully implemented salary improvements that honor your invaluable contributions to our legislative work… adjustments are  testament to our recognition of your hard work and dedication, furthermore, we have continuously worked on enriching your benefits package,” Romualdez concluded.