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Copy of declaration of Philippines independence auctioned for P11.4 M
By J.Lo
“Leon Gallery may be smaller than big American auction houses, but that works to our advantage, to stay nimble and to be able to read pulse of market,” Ponce de Leon noted amid international slump, appetite for Filipino art is as voracious as ever.
Leon Gallery Magnificent September Auction last weekend broke several world records, contrary to mood elsewhere, led by highly coveted works of National Artist Fernando Amorsolo and one-of-a-kind copy of 1898 Philippine Declaration of Independence.
Amorsolo’s 1929 “Under the Mango Tree” bested world record for the artist set by Leon Gallery itself by bringing in eye-watering P58 million or just over $1 million. It had sat in Edward J. Nell mansion in billionaire enclave of Atherton, California for 95 years until owners were ready to part with it. Nell was Manila business titan, building his fortune on having brought air conditioning to Philippines in 1920s. Father of Jose Concepcion, aka JoeCon, in fact, was his chief accountant and his family today continues to control Carrier brand.
Similarly themed work titled “Mango Gatherers” held previous record at P47 million. It was owned by fourth Count of Peracamps, Don Antonio Melian Zobel and was inherited by his son, 5th Count, Don Leopoldo Melian, whose wife was Doña Natividad Ugarte Aboitiz, all Filipino aristocrats.
Leon founding director Jaime Ponce de Leon opined zest for top-tier artwork is enduring. While US elections and interest rates may have resulted in recently reported 25 percent fall in American auction sales, he explained that “in the Philippines, when important painting with impeccable provenance comes to market, collectors will always line up for that.”
History also made another world record with highest price ever paid for single document, with only known copy of “Acta de la Proclamacion de Independencia del Pueblo Filipino” (otherwise known as the Philippine Declaration of Independence) hitting P11.4 million. It was more than double the benchmark paid for the previous record holder, letter of Andres Bonifacio to Emilio Jacinto which was written just days before Katipunan Supremo’s trial and demise. That, too, was auctioned by Leon Gallery.
Juan Luna’s delightful depiction of society princess Adele della Rocca, winsome Italian niece of the King of Italy’s chief aide-de camp, also set world record for Luna portraits at over P31 million. Alfonso Ossorio from his brother’s personal collection and reminiscent of his best friend Jackson Pollock’s abstract expressionist style brought in P33.6 million.
Other art stars were Amorsolo of “Ifugaos at Mines View Park,” from age of Benguet gold rush, topped P18 million, and Bencab titled “I No Longer Worry” at P15 million, latter theme encapsulating mood of Filipino auction scene.
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2 German naval ships in Manila tour
By J.Lo
“This visit is not only testament to enhanced defense cooperation between Germany and Philippines, but also underscores how politically significant Indo-Pacific region has become for Germany,” German Ambassador Andreas Pfaffernoschke said two German naval ships are in Manila for four-day visit, first in over 20 years, as part of their Indo-Pacific Deployment 2024.
Port call of FGS Baden-Württemberg and FGS Frankfurt am Main, docked at Pier 15 of Manila South Harbor from Sept. 16 to 19, comes as international rules-based order in South China Sea is constantly being challenged.
Rear Admiral Axle Schulz led German Navy and was welcomed by Philippine Navy Commodore Emilio Orio and Pfaffernoschke.
Presence of Germany’s navy ships in Indo-Pacific, Pfaffernoschke said, underlines German readiness to stand up for United Nations Convention on the Law of the Sea and international law, as well to uphold right to free navigation and affirm its commitment to stronger security engagement in Indo-Pacific.
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Sadorra pulls off upset win, Fils gain share of 7th place in Chess Olympiad
By J.Lo
Philippines’ Julio Catalino Sadorra, busy with work and responsibilities, knew his time with national team was ticking.
Reason 38-year-old United States-based Filipino Grandmaster is making every game in 45th FIDE Chess Olympiad counts as if it is his last wearing national colors.
It showed in Sadorra’s spectacular 53-move shocker over super GM Vladimir Fedoseev sealed 2.5-1.5 upset of mighty Slovenians and sent Filipinos leapfrogging from obscurity to share of seventh place after five rounds on this cold, rainy at sprawling BOK Sports Hall in Hungarian capital.
Sadorra’s recent magnificence reverberated back home, being one of the biggest, if not biggest, victory of his life and one of the most fantastic triumphs in recent times for Philippine chess.
It reflected quality Filipinos are known for resiliency as Sadorra battled back from what appeared like hopelessly losing position and into winning one when he pounced on series of blunders from Fedoseev, Russian émigré.
When he got chance, he unloaded flurry, sacrificing almost everything at his disposal like typhoon leaving trail of devastation behind him.
Attack was so fierce he left Fedoseev’s scampering king widowed.
Newly minted GM Danuel Quizon, will be rewarded P100,000 by National Chess Federation of the Philippines head Butch Pichay for his GM feat on top of P1 million bonus from Dasmarinas, Cavite, and International Masters Pau Bersamina and Jem Garcia drew their matches in lower boards to complete one of the most sensational wins of the round.
That sent Filipinos in 22-nation tie at No. 7 with eight match points apiece, or just two behind leaders India, China, host Hungary and Southeast Asian rival Vietnam with perfect 10 points.
Filipinos, trip is being financed by Philippine Sports Commission through chair Richard Bachmann and commissioner Ed Hayco, will take on 17th ranked Armenians, boast four super GMs on their roster, in sixth round hoping for more glory.
Win also soothed broken hearts of Filipinas, who fell to fancied Italians, 2.5-1.5, that was exacerbated by end of Shania Mae Mendoza’s fairytale run at board one following stinging defeat to IM Marina Brunello.
Games of Janelle Mae Frayna, Ja Jodilyn Fronda and Ruelle Canino all ended up with draws.
India, Mongolia and Armenia were pacing women’s section with pristine 10 points apiece.
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Ex-PNP brass may have been involved in Alice Guo’s escape
By J.Lo
“It was mentioned, former chief PNP,” Philippine Amusement and Gaming Corp. (Pagcor) Senior Vice President for Security and Monitoring Cluster Raul Villanueva emphasized information was still being verified, unnamed former Philippine National Police (PNP) chief may have been involved in escape of former Bamban Mayor Alice Guo, according to intelligence from Pagcor executive.
During Tuesday’s Senate probe on Guo’s alleged ties to Philippine offshore gaming operators (POGOs), Villanueva said there were whispers of “payola” from Guo.
Villanueva, retired PNP general, said there were also personalities involved with Guo’s escape.
Sen. Risa Hontiveros, chairperson of Committee on Women, Children, Family Relations and Gender Equality, asked Villanueva who these were.
PNP Deputy Director for Administration Police Brig. Gen. Raul Tacaca, represented police force, said that they have no information on this yet.
Hontiveros described revelation as big news.
“No less than former chief PNP is implicated in escape of Guo Hua Ping,” she said.
Hontiveros added that this suggests POGO money may have reached highest levels of country’s leadership.
“Next president, next senators, next local government leaders could be bankrolled by POGO money,” Hontiveros said.
Sen. Ronald “Bato” dela Rosa, former PNP chief himself, expressed concern about accusation.
“There is allegedly chief PNP receiving monthly payroll from you…can we know who this former chief PNP? I am concerned, because I am former chief PNP!” Dela Rosa said.
The senator said there might be colorful script coming out later, stating that he accepted money from Guo.
Guo denied knowing Dela Rosa and said she had only seen him at Senate.
“Kahit selfie…may selfie ka sa’kin?” Dela Rosa asked. .
“Wala po,” Guo said. (Nothing.)
Guo has appeared in several controversial selfies, including one with President Ferdinand Marcos Jr. during his campaign. More recently, Interior Secretary Benjamin Abalos and PNP Chief Gen. Rommel Marbil drew ire of netizens after being seen smiling in photo with Guo.
“I’m sure you’re not the one,” Villanueva said, referring to Dela Rosa.
Guo’s second appearance at Senate ever since being apprehended by Indonesian authorities in September.
Guo fled the country after authorities began cracking down on her alleged criminal activities as Senate hearing shed more light pointing to anomalies. Former Bamban mayor faces charges that range from human trafficking, money laundering and misrepresentation.
Aspirants file your certificate of candidacy on October 1-8, 2024
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An-Waray lost its party-list registration
By Nidz Godino
“Clearly, both Constitution and statute Republic Act No. 7941 categorically vest in Comelec power and authority to decide on matters relating to organization’s participation in party-list system from grant or denial of its petition for registration as party, organization or coalition to participate in party-list elections, to cancellation of previously granted registration,” high court’s decision read party-list group with seat in House of Representatives (HoR) has lost its party-list registration.
In decision promulgated on August 6 but was only released on Monday, September 16, Supreme Court upheld Commission on Elections (Comelec) resolution canceling registration of An-Waray party-list, group based in Samar, Leyte and Biliran.
Affirming poll body’s resolution, high court said Comelec did not commit grave abuse of discretion when it canceled party list’s registration, citing Republic Act (RA) 7491 or Party List System Act.
According to Supreme Court, party list violated Section 6 (5) of RA 7491. Under provision, violation of election laws or its rules is ground for cancellation of party-list’s registration.
During 2013 elections, An-Waray should only have one seat in HoR. However, due to some circumstances, its seats increased to two, allowing its second nominee to secure seat.
An-Waray was among 14 party-list groups initially declared winners, garnering 541,205 votes.
National Board of Canvassers (NBOC) then cancelled registration of certain party-list groups, leading to reallocation of seats and increasing An-Waray’s representation to two seats.
Resolution included condition adjustments could be made based on future proclamations of other party-list groups.
Subsequently, NBOC issued Certificate of Proclamation to An Waray, allowing its first nominee, Neil Montejo, to assume seat in HoR for 16th Congress.
Montejo took his oath on June 26, 2013, while An Waray’s second nominee, Victoria Isabel Noel, took her oath on July 13, 2013, based on vote tally in NBOC resolution.
On Oct. 22, 2013, Supreme Court reversed Comelec’s cancellation of Abang Lingkod’s party-list registration, ordering party’s proclamation as one of the winners in 2013 elections.
Following this, on Aug, 20, 2014, Comelec issued new NBOC resolution finalizing party-list seat distributions based on Supreme Court’s computation.
In this resolution, An-Waray was allocated only one guaranteed seat.
Jude Acidre, second nominee of Tingog Party List, and Danilo Pornias Jr. filed petition for cancellation of An-Waray’s registration due to election violations under Section 6 (5) of RA 7491.
In response, An-Waray argued that since Noel assumed party’s second seat in 2013, no objections had been raised regarding her position.
They emphasized second nominee was able to fully carry out her responsibilities as party list’s representative without interruption, as per NBOC Resolution remains in effect and has not been revoked or amended by Comelec.
An-Waray emphasized that Noel fully carried out her responsibilities as party list’s representative without interruption, as per NBOC Resolution, had not been revoked or amended by Comelec.
They contended that petition lacked any legal grounds to suggest that An Waray or Noel violated election laws.
Comelec Second Division granted Acidre and Pornias’s petition on June 2, 2023. This decision was affirmed by Comelec’s en banc on Aug. 14, 2023.
This prompted An-Waray to file petition before Supreme Court, arguing that Comelec lacked jurisdiction and that House of Representatives Electoral Tribunal (HRET) should handle the case.
Supreme Court denied petition of An-Waray, saying that Comelec has “exclusive jurisdiction” over party-list registration cancellations.
High court explained HRET only handles cases involving election, returns and qualifications of sitting members of HoR.
To figure out whether HRET should take over case, Supreme Court explained it uses two-step process: first, determining if case deals with election disputes or qualifications of respondent, and second, if respondent is already Member of House.
In An-Waray’s case, court decided that it did not fall under HRET’s jurisdiction, as party list itself is not considered “member” of House only its nominees are, and they must meet qualifications avoid disqualifications.
In relation to sitting members of House, Supreme Court explained issue is not about proclamation of Noel but rather about party list’s registration, which is why it does not fall under jurisdiction of HRET.
“Despite notice of such resolution indicating that it secured only one seat in HoR after 2013 NLE, An Waray continued to occupy second seat through Victoria until the end of her term. This was clear defiance of NBOC Resolution No. 13-030 (PL)/0004-14 in relation to Section 6(5) of Republic Act No. 7941,” the court’s decision read.
In the case of An-Waray, Supreme Court explained petitions to disqualify or cancel Certificate of Candidacy of winning candidate for HoR must be resolved within about four months.
After this period, jurisdiction over the case shifts to HRET.
Once HRET’s authority takes effect, neither Comelec nor Supreme Court can continue handling the case, even if electoral tribunal has not yet received actual complaint.
“In other words, Comelec or court on review is without discretion but to dismiss case pending before it if HRET’s jurisdiction has already attached because respondent candidate has already become Member of HoR,” court’s decision read.
High court further explained that for cases involving sitting members of House, key issue is whether matter falls under HRET’s jurisdiction. If it does, Comelec or court must dismiss the case, as they no longer have authority to decide.
On Tuesday, September 17, Akbayan party-list has called on Comelec to proclaim them winner of 2022 elections, following cancellation of An-Waray’s party list registration.
According to Akbayan, poll body has no legal obstacles to proclaiming them as winner of the seat.
“Next logical and legal step is for Comelec to proclaim Akbayan as rightful holder of last available seat,” Akbayan’s statement read.
However, Comelec Chairman George Garcia clarified cancellation of party list’s registration does not automatically remove its seat in Congress.
“It is subject to wisdom of Congress as it is membership issue…removal and acceptance of members is call of Congress,” poll body chief explained .
During 2022 elections, Akbayan placed 57th, just one spot shy of 56 party-list groups that were proclaimed winners. Party -list fell short of around 2,000 votes to secure last seat.
This was Akbayan’s second consecutive defeat since 2019 elections. Before 2019, Akbayan had consistently secured spot in party-list seats since joining congressional polls in 1998.
Aspirants file your certificate of candidacy on October 1-8, 2024
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Face complaints over alleged fake counter-affidavit — DOJ
By Nidz Godino
“This is really about counter-affidavit, not just notarization…these lawyers, counter-affidavit came from them…they were ones who attached it to motion to admit, and they were ones who made it part of record at DOJ,” Justice Undersecretary Nicholas Ty said lawyers of dismissed Bamban, Tarlac mayor Alice Guo could face complaints for their role in submitting alleged fake counter-affidavit in her trafficking case.
This was revealed by Ty when he was asked about validity of dismissed mayor’s documents, issue also raised during Senate investigations.
“They even benefited from it, especially since this counter-affidavit delayed case…for us, there’s no doubt counter-affidavit is fake, and such actions by lawyers should not be emulated….this could set bad example for other lawyers, making them disregard our legal proceedings here,” he stressed.
Ty said they are investigating Elmer Galicia, lawyer who notarized Guo’s affidavit despite dismissed mayor not personally appearing before him.
According to jurisprudence, “notary public should not notarize document unless persons who signed same are the very persons who executed it and personally appeared before him to attest to contents and truth of what is stated therein.”
Justice department is still building its case, Ty said.
He added potential cases could include criminal charges, which may be addressed by prosecutors, or administrative cases, could be filed with Integrated Bar of the Philippines or Supreme Court.
Lawyer suspended for notarizing document while signatory was abroadThe Supreme Court suspended lawyer Lorenzo Reago from the practice of law for two years and was also prohibited …
mulgated in November last year, said lawyers who violate Rules of Notarial Practice breach Canon II of Code of Professional Responsibility and Accountability, emphasizes propriety of members of Philippine Bar.
In related case, lawyer notarized transfer certificate of title despite owner being out of the country.
High court imposed one-year suspension from practice of law on lawyer and also prohibited him from being commissioned as notary public for two years.
High court stressed that notary public should never notarize document unless person who signed it is same person who appeared before them to affirm document’s contents.
High court stressed that notary public should never notarize document unless individual who signed it is the same person who appeared before them to affirm contents of the document.
“Notaries public are enjoined to observe with utmost care basic requirements in performance of their duties; otherwise, confidence of public in integrity of this form of conveyance would be undermined,” Supreme Court’s decision read.
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Estrada hit Cassandra Ong’s questionable birth certificate as well
By Nidz Godino,
“My mother is Li Xia Ying, and my father, I think, is Richard,” Cassandra Ong replied when Estrada asked her about her parents.
Is Cassandra Ong’s birth certificate another case of questionable documentation similar to that of former Bamban Mayor Alice Guo? Senate President Pro Tempore Jinggoy Estrada on Tuesday, September 17, said there is reason to believe so.
Ong made her first appearance at Senate since being apprehended by Indonesian authorities. Ong is incorporator of Whirlwind Corp., company leased land to raided Philippine offshore gaming operator (POGO) hub Lucky South 99 in Porac, Pampanga.
Estrada questioned Ong about conditions of her birth. The 24-year old said she was born on May 23, 2000 in San Juan City.
Asked why she was not sure of her father’s identity, Ong explained that she did not grow up with him. Ying is Chinese national, while her father was of Chinese descent but naturalized Filipino.
She also said that she was not born in a hospital but delivered by midwife in San Juan City. After she was born, Ong said she was taken to Chinese General Hospital in Manila.
Estrada, former mayor of San Juan City, said it did not make sense to be taken to Manila as it was too far.
Based on Ong’s birth certificate, she was born in San Juan City and delivered by midwife named Rosario Mendez. Birth certificate listed address of her birth as P. Mendoza Street.
“I’d like to point out, Madame Chair, place of birth indicated in certificate of live birth, is 345 P. Mendoza Street… no such address or house number in San Juan,” Estrada said.
There is no record of a marriage certificate between Ong’s parents, despite her birth certificate indicating they were married.
Estrada called these findings “questionable.”
“This is another case of questionable birth certificate issued through late registration and there is no basis for issuance of Cassie Ong’s birth certificate… should be investigated,” Estrada said.
Sen. Risa Hontiveros said Philippine Statistics Authority should look into these irregularities.
To recall, Guo, who also claimed to be born at home, faced similar issues with her birth certificate, which was issued late. She was later identified as Guo Hua Ping after National Bureau of Investigation matched her fingerprints to Chinese national.
Topic of issuance of late birth certificates has been discussed in POGO hearings, as lawmakers pointed out that there could be syndicates who abuse the mechanisms.
In Sta. Cruz, Davao del Sur alone, at least 1,200 foreigners were issued a birth certificate through late birth registration. Many of them were believed to be Chinese nationals.
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Marriages solemnized by Alice Guo valid
By J.Lo
Justice Undersecretary Nicholas Ty on Tuesday, September 17, said marriages officiated by dismissed Bamban, Tarlac mayor Alice Guo are still valid, citing doctrine of operative fact.
Doctrine of operative fact means that even if law is declared invalid, effects it had while it was in force still remain.
Solicitor General Menardo Guevarra agrees with Justice department’s view that marriages solemnized by Guo will remain valid, despite her holding mayoral position unlawfully.
Guevarra also emphasized that only court can make final determination of marriage’s validity if it is challenged.
Under Family Code, one of the requisites for valid marriage is authority of the solemnizing officer.
If authority is lacking, as noted in Article 4 of Family Code, marriage could be rendered void.
However, its validity can only be determined by court.
Art. 4. absence of any of the essential or formal requisites shall render marriage void ab initio, except as stated in Article 35 (2).
Defect in any of the essential requisites shall not affect validity of marriage but party or parties responsible for irregularity shall be civilly, criminally and administratively liable.
Guo has been dismissed by Office of the Ombudsman due to her alleged involvement in unlawful activities related to Philippine offshore gaming operators.
Quo warranto petition challenging validity of her mayoralty has been filed in Manila court.
If successful, this petition could prevent her from holding any future government positions.
Marriages can be solemnized not only by priests or religious leaders but also by qualified government officials.
As former mayor of Bamban, Tarlac, Guo had authority to officiate marriages.
This power is vested in mayors and vice mayors, including those acting as mayors, by Local Government Code, stipulates that they have authority to solemnize marriages within their jurisdictions.
According to Section 7 of Family Code, following individuals are authorized to solemnize marriages:
(1) Any incumbent member of judiciary within the court’s jurisdiction; (2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with civil registrar general, acting within limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
Aspirants file your certificate of candidacy on October 1-8,2024
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Voter reactivation until extends September 25
By Nidz Godino
“Due to significant number of deactivated Filipino voters who are yet to apply for reactivation, Comelec en banc resolved to extend it in order to allow more Filipinos to conveniently reactivate their voter registration record without hassle of physically going to local Comelec office,” Commission on Elections (Comelec) has extended deadline for delisted voters to file their online applications for voter status reactivation until September 25.
Poll body announced deadline extension Monday night, September 16. Original deadline was set on September 7.
There are currently over 5.3 million deactivated voters for 2025 midterm elections, based on Comelec data as of September 11.
Poll body said most voters were deactivated after failing to vote in the last two elections. Other reasons for deactivation are voters’ loss of Filipino citizenship and revocation through court decisions.
According to poll body, deactivated voters can file application for reactivation online as long as they have complete biometrics in local Comelec office where they are registered.
Comelec received over 500,000 applications for reactivation from February 12 to September 11.
Aspirants file your certificate of candidacy on October 1-8,2024
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Timor-Leste court ruled in favor of Teves’ extradition
By Nidz Godino
“This is clear afterthought, raised only after proceedings had concluded unfavorably for him. In Philippine law, such move would be barred under principle of estoppel, prevents party from challenging procedural issues if they actively participated in the process and failed to raise objections earlier,” Department of Justice (DOJ) clarified extradition of expelled lawmaker Arnolfo Teves Jr. to the Philippines is still pending despite recent reports suggesting nullification of extradition order.
In statement, DOJ said Teves’ legal team is challenging ruling on procedural grounds, specifically questioning number of judges involved in the decision.
Justice department noted that Teves and his counsel were given opportunity to participate fully in proceedings, present their case and were provided due process. Their objections only emerged after unfavorable outcome was reached.
“Legal merits are clear, and we expect Mr. Teves will face justice in the Philippines soon, given strong evidence against him in connection with multiple serious charges, including murder of Negros Oriental Gov. Roel Degamo,” it added.
Clarification followed reports from Teves’ lawyer, Ferdinand Topacio, who claimed Timor-Leste court had nullified extradition order, citing “violation of principle of full assistance of judges.”
In June, Timor-Leste’s appellate court had granted Philippine government’s request to extradite Teves, who was arrested in Dili in March following Interpol red notice.
Upon his return, Teves will face charges lodged against him in Philippine courts for the first time.
He is facing several criminal cases, including one related to killing of former Negros Oriental Gov. Roel Degamo in March 2023.
In August 2023, Anti-Terrorism Council also designated Teves terrorist, accusing him of leading armed group responsible for orchestrating killings and harassment in Negros Oriental.
Expelled lawmaker is also charged with financing terrorism under Terrorism Financing Prevention and Suppression Act of 2012, as well as related provisions under Anti-Terrorism Law.
ISKUP! 