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Combs denied bail in sex trafficking case, again
By Cynthia Montojo
“It did not go our way,” Rap mogul Sean “Diddy” Comb’s lawyer Marc Agnifilo told journalists outside federal courthouse in Manhattan following ruling Combs will remain imprisoned pending trial on racketeering and sex trafficking charges, after judge denied his appeal.
Judge Andrew Carter upheld previous day’s ruling that bail package proposed by his defense team included $50 million bond secured by his Miami home was insufficient given his history of violence and substance abuse, and possibility of witness tampering.
He vowed to keep pushing for Combs’s release on bail and also said he would urge trial to move forward “as quickly as possible.”
“Wherever he is, his resolve is the same…he believes he’s innocent,” Agnifilo said, adding that prison conditions Combs is being held in are “inhumane.”
On Tuesday, 54-year-old Combs was indicted on three criminal counts that allege he sexually abused women and coerced them into drug-fueled sex parties using threats and violence.
Along with racketeering conspiracy and sex trafficking, Combs is charged with one count of transporting victims across state lines to engage in prostitution.
Prosecutors say Combs was don of criminal enterprise that ensnared women and forced them to commit sex acts under threat of violence, financial insecurity and reputational ruin.
Combs has pleaded not guilty.
Prosecutors are likening his crimes to those of late Jeffrey Epstein, convicted sex cult leader Keith Raniere, and fellow musician R. Kelly, who received more than three decades in prison for racketeering, sex trafficking and child sex crimes.
It’s remarkable fall from grace for artist credited with playing key role in commercialization of hip-hop, who produced constellation of famous proteges including The Notorious B.I.G.
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Divorce abroad now recognized by Philippine courts
By J.Lo
Supreme Court ruled divorce obtained abroad even through mutual agreement may be recognized in the Philippines.
Landmark decision penned by Associate Justice Japar Dimaampao expands scope of foreign divorce recognition in the country, had long been contentious.
In its ruling, SC clarified Philippine courts may recognize divorces obtained overseas, regardless of whether they were achieved through legal or administrative processes, or even mutual agreement.
SC decision cited case of Filipino citizen Ruby Cuevas Ng married Japanese national Akihiro Sono in Quezon City in 2004. After couple relocated to Japan, their relationship deteriorated, leading to “divorce decree by mutual agreement” in Japan. Japanese embassy issued divorce certificate attesting to arrangement.
Acting on Ng’s petition, regional trial court in the Philippines issued judicial recognition of her divorce, allowing her to remarry.
However, Office of the Solicitor General (OSG) challenged RTC ruling, arguing that only court-issued foreign divorce decrees should be recognized in the Philippines.
This was debunked by SC. “Filipinos previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of Family Code.”
High Tribunal emphasized whatever way divorce is settled is irrelevant as long as it is legally valid in the country of foreign spouse.
Decision aims to prevent situation where foreign spouse can remarry while Filipino spouse remains legally bound to marriage. In Ng’s case, she claimed Japanese law permits divorce by mutual agreement or judicial action.
However, SC had to remand Ng’s case to RTC to which she had to present first authenticated copy of relevant Japanese divorce law.
According to Rule 132, Sections 24 and 25 of Revised Rules on Evidence, foreign public documents must be validated either by official publication or by copies attested to by legal custodian.
SC noted that while Circular No. 157-2022-A of Office of the Court Administrator includes compilation of foreign divorce laws for reference, it does not exempt parties from complying with Revised Rules on Evidence.
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Resistance from victim not required in rape cases- Supreme Court
By Nidz Godino
“If law is to be interpreted such that woman claiming that she was raped must satisfactorily establish that she resisted sexual assault, we become complicit in perpetuating premise that men, as general rule, are entitled to free access to woman’s body at any given time and place because unless woman proves she resisted such act by actively resisting man’s advances, she will be deemed to have consented to it,” Supreme Court’s decision read, for rape cases committed by force, threat, or intimidation, victims are not required to show proof of resistance against act.
In decision of high court promulgated on June 26, 2024, it affirmed conviction of man who repeatedly raped and abused his daughter and resolved issue of whether resistance is element of crime of rape.
According to SC for cases of rape, it is enough that “force, threat, or intimidation existed and was strong enough to prevent victims from asserting their will.”
Accused is man committing violations of rape by sexual assault, according to Revised Penal Code; Acts of Lasciviousness under Special Protection of Children Against Abuse and Discrimination Act and child abuse under Anti-Violence Against Women and Children Act.
Accused, ZZZ, repeatedly raped and assaulted one of his daughters minor.
He also physically assaulted all four of his daughters.
ZZZ argued that rules with “iron hand” to his daughters to discipline them and denied rape allegations.
To cast doubt on allegations of sexual assault, accused cited former Supreme Court rulings he argued there should be resistance that is “manifested and tenacious.”
Despite his argument, SC found accused guilty of sexual assault, qualified rape and slight physical injuries, and was ordered to be imprisoned for 40 years.
Supreme Court, through Associate Justice Filomena Singh, struck down ZZZ’s argument.
High tribunal, citing jurisprudence, said such rape cases should be viewed in “light of victim’s perception and judgment” when crime was committed.
It stressed requiring proof of resistance from victim is also judging victim’s behavior by male standards.
“Pronouncements like this are not only contrary to prevailing doctrine, they also tend to reinforce misguided stereotypes that perpetuate gender bias and insensitivity,” it added.
Resistance of victims might also worsen impacts of rape, according to high tribunal, citing perpetrators of these acts are usually known by victims. Supreme Court added that these victims are already subject to other abuses.
“Resistance requirement thus compels woman to risk her life to protect her ‘virtue, honor, and chastity’ as if woman should believe that life is not worth living if she was abused without fight,” its ruling read.
“Right of women to autonomy and bodily integrity should be recognized and respected just as it is for men… there are cases that continue to invoke this line of reasoning compels Court to state in clear terms why this position, i.e., woman must prove that she tenaciously resisted man’s sexual assault before she can claim that she was raped, is both legally and morally wrong,” Supreme Court added.
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Quad comm has no abuse of contempt power
By Nidz Godino
“When you take your oath of office, you swear to uphold and protect all laws of the Philippines, including Constitution…they are lawmakers but they are ones who break laws,” lawyer of Cassandra Ong has accused House of Representatives’ quad committee of abusing “contempt power of legislature” following new contempt citation panel issued to his client.
According to Ong’s legal counsel Ferdinand Topacio, he could not understand why lawmakers do not respect his client’s “right to remain silent” even guaranteed under Constitution.
Topacio also charged panel did not follow injunction order of Supreme Court in Pharmally Pharmaceutical Corp. executive Lincoln Ong versus Senate Blue Ribbon committee in 2023, tribunal ruled “if you accuse someone of contempt of the committee, there should be due process; let them explain.”
Lawyer made statement after Ong, currently serving 30-day detention at House facility from her first contempt citation, was cited in contempt anew by panel.
Ong was accused of “lying” after claiming at hearing that she could not remember her classmates in Alternative Learning System or ALS class that she supposedly attended.
Committee ordered Ong to be transferred to Correctional Institute for Women in Mandaluyong City for 30 days after serving her current detention in House which would end on Sept. 30.
Topacio noted person could not be immediately accused of lying “just because they have different opinion from what they are saying.”
“If they say person is lying about something, you confront her with evidence proving contrary of what she is saying,” he stressed.
He also stressed that doing so is committing abuse “in manner that is unprecedented in the history of our legislature.”
Quad committee co-chair and Sta. Rosa, Laguna Rep. Dan Fernandez refuted Topacio’s statement, saying actions taken by panel “are made within bounds of rules of House.”
“Actions of quad comm emanated from approval of all members of 19th Congress. Each and every member of House was elected by majority of people of this country… we voted on rules of House,” he underscored.
Fernandez added lawyer may accuse them of “anything and everything to protect interest of their client.”
“Lawyers are hired to protect interest of their clients…we are hired by people to protect interest of the nation,” he said.
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Ex-Cebu Mayor Osmeña warned ‘Don’t touch Duterte’s women’
By Nidz Godino
“When she was going to be appointed to Cebu City as chief of police, of course I have natural interest…somebody gave me report from PCSO ,Philippine Charity Sweepstakes Office official stated when retired Police Col. Royina Garma was CIDG ,Criminal Investigation and Detection Group chief in Bohol, she was suspected of collecting P1 million a week from illegal gambling,” former Cebu City Mayor Tomas Osmeña recalled immediately after complaining about appointment of then police colonel Royina Garma as Cebu City police chief, he received terse warning: “Don’t touch president’s women.”
According to the former mayor, he received warning after he personally complained to then president Rodrigo Duterte at Malacañang in 2018 about Garma’s appointment.
Osmeña did not say how he received warning.
He bared warning he received from source, whose identity he declined to reveal, during which he also indicated that Garma was so influential in previous administration that Duterte was practically “eating out of her hand.”
“That’s why I didn’t want to accept her, because of course, I just want to protect people of Cebu,” he said.
Despite mayor’s opposition, Garma still assumed post, prompting Osmeña to reach out to Duterte.
“President Duterte told me, ‘why don’t you just tell Bong Go … everything, and we’ll look into it… I prepared documentation for Bong Go and of course nothing happened,” said former mayor.
“And then somebody told me, ‘don’t touch the president’s women.’ I said, ‘what?’” he stressed.
Go, now a senator, was then special assistant to the president.
Osmeña declined to identify person who gave him warning. But he said it was same person who tipped him off that Garma would be appointed as general manager of PCSO.
In June 2019, Garma who then still had 10 years left before her retirement from service opted for early retirement. Duterte gave her plum post at PCSO few days later.
Month earlier, Osmeña lost his reelection bid to then vice mayor Edgardo Labella, who ran under Duterte’s political party, PDP-Laban.
Osmeña, who locked horns with Garma during her stint as Cebu City police chief, described her as “worse than Napoles,” referring to Janet Lim Napoles serving sentence for illegally amassing billions from government contracts.
“She’s dangerous, don’t let her tears deceive you,” he said of Garma. “Many of my people have been hurt, tortured and killed..not only my people, but Cebuanos at large.”
Without elaborating, Osmeña said he is ready to answer more questions in the next quad committee hearing at House of Representatives.
He also vowed to submit additional documents to quad committee, comprising four committees investigating various policies of Duterte administration, including deadly war on drugs and proliferation of Philippine offshore gaming operators.
During her appearance at committee hearing on Sept. 12, Garma was reduced to tears while being grilled regarding her relationship with Duterte. She was ordered detained supposedly for “evading” questions.
She did not attend hearing last Sept. 19 as she was reportedly suffering from neck and ear pain. Osmeña testified at the hearing and bared details of “payola” allegations against Garma.
Philippine National Police (PNP), meanwhile, said it is investigating reports Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy gifted Duterte and other officials with women from his congregation.
Fajardo said they are looking into revelation of former KOJC worker Arlene Stone that Quiboloy offered women who were members of his “pastoral” or inner circle to people close to him, including Duterte.
Stone is now spokesperson for former KOJC members residing in United States.
Asked if Duterte and other officials who received women as gifts from Quiboloy could be held liable, Fajardo said investigators should coordinate first with alleged victims and secure from them sworn statements for purposes of filing more criminal cases against Quiboloy and other personalities.
Fajardo said allegation, if proven true, is serious as this would fall under qualified human trafficking which is non-bailable offense.
“We are now in process of documenting all these allegations and revelations and we’re ready to file cases against anyone who may have violated law, regardless of whoever he is,” Fajardo said at briefing in Camp Crame.
Asked if there is already move to reach out to Duterte, Fajardo has no information from their people on the ground.
“All our efforts right now will depend on information coming from victims,” she said.
Quiboloy, self-styled preacher who calls himself “appointed son of God,” is detained at Camp Crame custodial center on charges of qualified human trafficking and child abuse filed before Pasig City and Quezon City courts.
Office of Sen. Risa Hontiveros, chair of the Senate committee on women, children and family affairs, is preparing public hearings on alleged sexual abuse cases against Quiboloy. Date of hearing has yet to be determined.
Hontiveros earlier told Quiboloy that he could not outrun law after he was taken into police custody on Sept. 8.
“You will be held responsible, Apollo Quiboloy…you cannot outrun the law…you will not further delay justice,” Hontiveros said, addressing Quiboloy after his arrest at KOJC compound in Davao City.
“Justice is within reach of the victim-survivors, thanks to their courage to tell the truth,” she added.
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404 Pinoys HIV infected due to paid sex
By J.Lo
Department of Health (DOH) is alarmed of over 400 Filipinos have contracted human immunodeficiency virus or HIV due transactional sex.
Based on DOH’s HIV and AIDS surveillance report, 404 or 12 percent of newly diagnosed HIV cases in the first quarter of the year engaged in transactional sex.
Of the number, DOH reported 194 people infected with HIV paid for sex, including 192 male and two female.
DOH said 129 HIV patients, 124 of them are male, accepted money for sex.
Eighty-one HIV cases either paid or accepted money for sex.
Of the figure, 76 are male and five are female.
Up to 14,219 HIV cases due to transactional sex have been recorded by DOH since December 2012.
Broken down into types of transactional sex, 7,346 paid for sex; 4,634 accepted money for sex, and 2,239 engaged in both.
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Kasanap sues Benguet Vice Gov for graft and corruption
By J.Lo
Benguet Vice Gov. Ericson Felipe is in hot water after civil society organization sued him at Ombudsman for graft and corruption in connection with official’s majority stake at firm that obtained government contracts.
Task Force Kasanag (TFK) filed complaint against Felipe for allegedly violating provisions of Republic Act 3019 or Anti-Graft and Corrupt Practices Act and RA 6713 or “Code of Conduct and Ethical Standards for Public Officials and Employees” because they claimed Felipe owns 60% stake in private construction firm Tagel Corporation worth P300 million, used his position to secure substantial number of government contracts.
TFK claimed Tagel Corporation was awarded 30 government contracts between 2022 and 2023, amounting to total of P1.35 billion.
TFK emphasized there is potential conflict of interest, as it raises questions about transparency and accountability in allocation of public contracts.
According to TKF, complaint highlights importance of public interest, emphasizing accountability for public officials.
TFK stressed decision to file complaint is part of their ongoing commitment to safeguard public from corruption and government abuse and believe this action is necessary to ensure public resources are protected from misuse and that there is transparency in government’s dealings.
By filing this complaint, TFK is sending message to public assurance that there is still someone doing appropriate and necessary legal measures to protect people’s money from corruption and moving for transparency in the government.
TFK remains committed to safeguard public from corruption and government abuses.
Felipe has not responded to attempts to get his comments on the complaint against him.
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High court to ‘reconsider Sulu removal from BARMM’
By J.Lo
“I politely appeal to Supreme Court to think about implications of such decision,” Deputy speaker Nabil Tan of Bangsamoro parliament has urged Supreme Court to reconsider its decision to exclude Sulu from core territory of Bangsamoro Autonomous Region in Muslim Mindanao or BARMM.
Tan said High Court should take into account “operative fact” that Sulu has been part of BARMM since its inception five years ago.
Court ruled favorably on petition of his elder brother, Sulu Gov. Abdusakur Tan, to exclude province from BARMM since its residents voted against inclusion into region’s territory during plebiscite in 2019.
Creation of BARMM product of 22 years of peace talks between government and Moro Islamic Liberation Front was premised on 2012 Framework Agreement on Bangsamoro and 2014 Comprehensive Agreement on Bangsamoro.
According to the deputy speaker, exclusion poses serious implications in Sulu, including fiscal problems that can stifle governance and development initiatives in the province.
“Legal theories abound on question of who is now responsible for Sulu…lack of clarification allows government branches, offices, agencies and local government units to evade accountability…to me, this invites greater instability in governance,” Tan said.
Muslimin Sema, BARMM labor and employment minister, said Moro National Liberation Front is planning to embark on signature campaign to manifest their opposition to the ruling.
“We can’t stop our members from signing appeal to Supreme Court to reconsider that ruling…they felt sad because creation of ARMM that, in essence, eventually became BARMM was paid for dearly… paid for with blood, sweat and tears of Moro guerillas who fought for it for about three decades,” Sema said.
Senate majority leader Francis Tolentino proposed creation of transition fund for Sulu following its separation, pitching idea to Department of the Interior and Local Government (DILG) during its budget deliberations at Senate.
“Let your creative juices out of your mind to perhaps create Sulu transition fund for every agency and department, especially because these would be affected by Supreme Court decision separating Sulu from BARMM,” Tolentino said.
He expressed concern sudden separation of Sulu would disrupt government transactions and delivery of services, adding that transition fund could help province in its anticipated transfer to Region IX or Zamboanga Peninsula.
“You have regional officers in Region IX, and perhaps Sulu will be transferred there…what happens now to Sulu…is it possible to carve out something from your budget allocation to form Sulu fund… could come from small share from each agency, but if pooled, this transition fund could be substantial enough,” Tolentino said.
DILG Secretary Benhur Abalos has coordinated with his BARMM interior ministry counterpart to retain status quo while department solves its “dilemma on how to get these funds.”
Department of Budget and Management bureau director Carlos Castro said comment is being prepared to set up “funding mechanism” for Sulu that would cover salaries, government assistance and transition fund.
Commission on Elections has assured historic first BARMM parliamentary elections would still push through next year at the same time with national and local elections.
But poll body would still study on what to do with seven parliamentary seats reserved for Sulu that would be left vacant.
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HMO placed under conservatorship
By Nidz Godino
Inability to address requirements from the government Insurance Commission (IC) has placed health maintenance organization (HMO) Stotsenberg Healthcare Systems Inc. (SHSI) under conservatorship.
In notice, IC commissioner Reynaldo Regalado informed public that SHSI is being placed under conservatorship, status that will allow regulator to be involved in management until viability of HMO is restored.
IC said SHSI is unable to comply with requirements and orders under minimum capitalization and financial capacity requirement of HMOs.
As such, SHSI is ordered to cease and desist from taking HMO business of any kind.
IC, however, did not specify financial capacity requirement SHSI has failed to address.
Under the law, IC may put HMO under conservatorship if it finds that it is in state of continuing inability or unwillingness to comply with its obligations to policyholders.
Latest available IC data on SHSI is as of end-June 2023.
SHSI’s assets stood at P11.76 million and its capital stock was at P10 million, minimum requirement. However, it did not provide any data on revenues, expenses, health care benefits and claims and net income.
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CALAX segment to open, fully in 2025
By Nidz Godino
“Despite challenges faced in construction brought about by recent typhoons, we are pressing forward to ensure timely delivery of Governor’s Drive Interchange,” MPCALA Holdings Inc. (MHI), developer of Cavite-Laguna Expressway (CALAX) president and general manager Raul Ignacio said. Metro Pacific Group is wasting no time in completing CALAX in 2025, reaching another milestone in building one of the final legs of tollway.
MHI is confident expressway will be complete within third quarter of next year, encouraged by recent progress in construction.
To date, MHI has built 25 percent of Governor’s Drive Interchange, and company targets to complete it within first quarter of 2025.
Segment from Aguinaldo Interchange to Governor’s Drive spans 7.8 kilometers, making it longest operational portion of CALAX once finished. Currently, MHI is doing excavation works, drainage construction and fence installation in the road to Governor’s Drive.
Ignacio said concessionaire is working on picking up pace for delivery of CALAX. Recently, MHI has struggled to maintain its momentum at steady pace, dealing with days of bad weather slowed down construction.
However, Ignacio insists that MHI can put up Governor’s Drive Interchange, and as a whole, CALAX on time, understanding project’s role in linking provinces in Southern Luzon.
“Once operational, this vital infrastructure will ease traffic congestion, provide faster route for thousands of motorists and stimulate economic growth across Southern Luzon,” he stressed.
MHI expects opening of Governor’s Drive Interchange to decongest usual buildup in Aguinaldo Highway, one of the busiest thoroughfares in Cavite. Segment will also pave way for completion of remaining phases of CALAX, namely, Open Canal and Kawit.
MHI has put up 15 percent of Open Canal Interchange and 25 percent of Kawit Interchange. These interchanges are scheduled to be opened in third quarter of 2025, and Kawit Interchange will serve as bridge to Manila-Cavite Expressway.
Overall, MHI has built 64 percent of CALAX, tollway seen to facilitate travel of more than 95,000 motorists every day upon its completion.
MHI, unit of Metro Pacific Tollways Corp., had to deal with multiple delays in constructing expressway, hurdled with usual issues, ranging from pandemic slowdown to right-of-way.
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