Hole of Justice
by Peter G. Jimenea

 

Dishonesty or Misrepresentation

This legal story deals with the Ombudsman prerogative to investigate past cases of a person prior entering the government service. In 1999, the Director of the National Library filed a complaint with the office of the Ombudsman, against Lily, her Asst. Director, for violation of RA 3019, or the Anti-Graft and Corrupt Practices Act, as amended.

It is the alleged misrepresentation and/or dishonesty committed by Lily by declaring in her Bio-data that she was a consultant of the National library from Mar. - Dec. 2003 and February 24 to present. This qualification was attached to her application when she seeks the position of Assistant Director of the National Library in 1996.

But after investigation by the Office of the Ombudsman, it was discovered that she merely held the position from March 1, 1993 to December 1994. Lily asserted the bio-data she submitted in her application for Director of National Archives in 1994, was inadvertently attached to her application for Asst. Director of the National Library in 1996 and controverted its authenticity since it did not bear her initial or signature.

Graft Investigation Officer I Marlyn M. Reyes found petitioner not guilty of the offense charged and ordered the complaint be dismissed for lack of merit. However, upon review, the Office of Legal Affairs, Office of the Ombudsman, reversed the earlier decision in its Memorandum dated October 21, 1999. It found petitioner guilty of dishonesty and, consequently, dismissed her from government service.

Lily sought recourse before the Court of Appeals in CA-G.R. SP No. 57158, arguing that:

1. The honorable Office of the Ombudsman, through its office of the Chief legal counsel, erred in holding that it had the requisite jurisdiction to act on the complaint for an act committed three years ago against the petitioner who is not within the scope of applicability of RA 6770;

On August 11, 2006, the CA denied the instant petition and the assailed Memoranda dated October 21, 1999 of the Office of the Ombudsman in OMB-ADM-0-99-0517 are AFFIRMED on January 5, 2000.

Hence the Petition. Lily argues that the CA erred when it ruled that the Office of the Ombudsman has jurisdiction over the administrative case three years ago and before her entry into government service when nobody has shown interest over it.

SEC. 21. Officials Subject to Disciplinary Authority; Exceptions. ― The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary.

SEC. 20. Exceptions. The Ombudsman “may” not conduct the necessary investigation of any administrative act or omission complained of if it believes that the complaint was filed after one year from the occurrence of the act of omission complained of:

Office of the Ombudsman v. De Sahagun, the Court held that the period stated in Section 20 (5) of R.A. No. 6770 does not refer to the prescription of the offense, but to the discretion given to the Office of the Ombudsman on whether it would investigate a particular administrative offense.

The use of the word "may" in the provision is construed as permissive and operating to confer discretion. Where the words of a statute are clear, plain and free from ambiguity, they must be given their literal meaning and applied without attempted interpretation

SEC. 46.(18), Title I, Book V of the Administrative Code of 1987 provides.... Discipline: General Provisions. (b) even if the dishonest act was committed by the employee prior to entering the government service, such act is still a ground for disciplinary action.

WHEREFORE, premises considered, the petition is DENIED. The Decision dated August 11, 2006 and the Resolution dated October 23, 2006, of the Court of Appeals in CA G.R. SP No. 57158, are AFFIRMED. (SC Third Division. G.R. No. 175115 : December 23, 2009). cha

fice of the Ombudsman in OMB-ADM-0-99-0517 are AFFIRMED. Cha

PDEA-6 & PRO-6 Advocacy

Hole of Justice

By Peter G. Jimenea

The PDEA-6 and PRO-6 advocacy

The successive arrest of notorious drug-pushers in Iloilo City, is a laudable move by the combined team of the Philippine Drug Enforcement Agency (PDEA-6) led by RD Paul Ledesma and the Police Regional Office (PRO6) under the leadership of Director C/Supt. Cipriano Querol, Jr.

Barangays affected by illegal drugs in PDEA6 watch-lists are now under control of our watchful law enforcers. By order of the hard-working PRO-6 Dir. Querol, the PNP has established a monitoring center in every city barangay identified to have the problem.

A good thing for PDEA-6 is having its own Legal Officer, Atty. Ronnie Delicana, who assists the composite team of operatives during raids, for the legal and procedural inventory of confiscated items in the presence of prosecutor, barangay officials, media and other watching bystanders.

We also noticed that judges and prosecutors are now cooperating with our law enforcers on how to get rid of this lingering menace of society. They even join in the conducting of seminars to operatives on how to carry out successful arrests without consequences in the filing of cases.

Beside which, PRO6 Dir. Querol is going with the operatives during raids which resulted to a dedicated police service and those of the task-force created to contain if not to get rid of the proliferation of illegal drugs. This gives a strong signal to drug-pushers that their days are numbered unless they stop their illegal activities.

The nice thing about the operation of the present cream of the crop of law enforcers is the cooperation of the PNP-6 Crime Laboratory which renders on time report about the requested inventory of confiscated evidence to facilitate the immediate filing of cases against violators.

We also witnessed the destruction of illegal items by PDEA-6 at Camp Delgado without waiting to file up at the PNP-6 Crime Lab. This is done in the presence of the judiciary, the media, prosecutors, NGOs, LGUs, lawyers of the accused and many other witnesses.

Data obtained from the office of PDEA-6 revealed that operations and arrests conducted by composite operatives in 2010 is lower than 2009. But the seized drugs are four times higher than the previous year.

This connotes that our drug-enforcers are now concentrating on high-value-targets rather than street-level personalities. This is the reason why notorious drug personalities have changed their target market from the city to the neighboring municipalities.

It is widely believed that the badly affected barangays about drug problems like Tanza-Esperanza, Malipayon, Bakhaw, Samparados and few others are now running out of business as stuffs are becoming scarce due to the non-stop raid of PDEA-6 operatives and the presence of the task-force monitoring cops in the area.

Other than buy-bust and raid operations, PDEA-6 also concentrates on demand-reduction strategy. This, by conducting symposium, awareness and information campaign about the menace of illegal drugs to society.

This demand reduction strategy of RD Ledesma with Atty. Delicana conducted among LGUs, schools, groups, or in any organization is now getting good results. Aside from that, they also take time to sit with this writer on a television program for information dissemination as to what eventually happens to people hooked on drugs.

Not to be left behind in this advocacy for a drug-free society is PRO6 Director, C/Supt. Querol. He is keen on organizing the barangay peace-keeping action team (BPAT) to augment the undermanned police force in maintaining peace and security in their area of concern.

To bring the police closer to the people, Director Querol sponsored the “PRO6 Hour,” in the block-time television program Kape kag Isyu over Sky Cable TV every first Saturday of the month. Replays are Monday, Wednesday and Friday, 8:00-9:00 in the evening.

Well, congratulations to RD Ledesma, Atty. Delicana and the entire force of PDEA-6 for the job well done. Also to PIO, Supt. Ranulfo Demiar; Supt. Marietto Valerio, the Iloilo City Police Director, and Supt. Ren Darroca for guesting in “PRO6 Hour” in behalf of Director, C/Supt. Querol.

Excommunicate me!

By: Peter G. Jimenea

The Catholic Bishops Conference of the Philippines (CBCP) is openly opposed to the Reproductive Health Bill (RHB) still under deliberation in Congress. I find no fault in this except, their propensity to nitpick with the State affairs when their own backyards are in shambles.


Before the May 2010 elections, they threatened the legislators supporting the RH Bill with rejection of votes. Now they are also threatening Pres. Noynoy Aquino with impeachment if he will support the RH Bill. But in Church, they taught us that Jesus Christ has never threatened with retributions those Roman soldiers who persecuted Him.


It is widely believe that parish priests of the Roman Catholic Church in the Philippines survive only through the support of devoted-parishioners. So perhaps, they fear the lose of income from these flocks once the population control is enacted into law.


This holds true to their income from wealthy donors, special masses on demand, wedding ceremonies and many others. In fact, we were even taught during our younger days that no dead members of the family can go to heaven without a ticket from the church known as blessings - for a fee!


But if we concede with the whims of our devotees, how could this struggling government contain the fast growing population when it cannot even provide the basic needs of millions of poor families in the squatter areas? What is in store for these lowly citizens at this time of economic disparity?


As we see it, only twenty percent of children with poor parents finished high school. Less of them have at least put a step in the first year or in second year college, no more. The few survivor may graduate with a college degree, but what about after graduation? The best credential in job hunting today is not what you know - but whom you know. This is what got the poor so hopeless about!


Not only that. Today, many young-mothers died due to lack of proper education about early pregnancy. Yet, Church devotees don't even have the faintest idea on why those young-mothers and their kids died.


Church leaders must now ponder on why reports of abortion are so rampant today and why this illegal business proliferates. More so on reports of abandoned dead and alive fetus almost everywhere.


This only shows that birth control by calendar method is not working well in slum areas. If the birth control pills and condoms are bad for the Church, what about abortion which now seems a solution of last resort by the unprepared and unwed young mothers?


Timendi causa est nescire - ignorance is the cause of fear. This could be the reason why those women who understand the RHB are now emboldened to challenge the Church to excommunicate them. This is a cause for alarm as it can propel more exodus from among women devotees of the Catholic Church.

The RH Bill is not strictly confined in birth control or family planning. It also dwells on helpful information about raising a child, a family, and most of all, about the risk of early pregnancy. A recent report claims that one of every three women in Asia dies during pregnancy or while giving birth.

Church leaders should present their solution to the problem as population explosion seems inevitable. They government has provided them enough opportunity to lobby in Congress for the amendment of the Bill before its enactment into law. They should make use of it.


As noted, lot of devotees are now moving away from their divine faith in Catholic Church due to great difference in opinion regarding the RH Bill. The Church may have their own interpretation of the law but it may be at odds with the understanding and current need of young women of the new generation.


Our Church leaders must work hand in hand with the government to get the best result. An argument aimed to sway popular support by appealing to sentiment weakness rather than facts and reasons would only end in a miserable compromise. A lop-sided stand on this issue can force more women to challenge the Catholic Church to say ........see the title!

The Legacy (Part 2)

Peter G. Jimenea, Hole of Justice

It resonates well with public belief that a good leader can deliver the services needed by constituents. With the unabated traffic congestion on city streets, the city residents believe that the construction of additional streets and bridges can curb this lingering mess.

Thus, the Drilon bridge linking Gen. Luna Street in City Proper, to Barangay Nabitasan, La Paz, Iloilo City. Motor vehicle owners need not pass anymore to the Iloilo Provincial Capitol and Forbes bridge in going to Jaro or La Paz, they may just cross Drilon bridge unto their destination.

The bridge, however, was constructed not in a usual straight forward design. Its entrance was moved to about 10 meters from the left side of Jalandoni street before crossing the river to Barangay Nabitasan, La Paz, to spare the hotel owned by the sister-in-law of then Mayor Jerry Trenas.

It could have been a beautiful legacy of Senator Franklin M. Drilon had it not for that hotel. But as the diverted portion of the road to the entrance of the bridge looks funny, it was later renamed from Drilon to Jalandoni bridge. What an absurd legacy!

Another stress to the heart is the construction of the 250 meters flyover in front of the UPV, Iloilo City, As far as this writer is concern, no national project can be constructed in urbanized cities without the nod of the local chief executive.

According to DPWH officials, a one-kilometer concrete two-lane road cost only P20M to P22M. But look, the 250 meters only flyover constructed in front of the UPV cost P420M. My God, the amount could have already been enough to construct another 21-kilometer concrete roads for the city.

Worse, months before election, another flyover was again constructed with the use of prefabricated materials at the facade of the University of San Agustin. It was only 300

meters long, yet, cost P330M of your money, my money or the taxpayers money!

It is widely believe that all big projects in the city are governed by a standard operating procedures or SOP, a percentage as share by local executives from the loot. The standard SOP is ten percent of the total project cost, enough to silence a local government official who always ask compensation for what he never lost!

The flyover projects of the national government in Iloilo City cannot push through without the go signal from the city mayor. With the enticing SOP for every project, this creates an impression without affirming the perception that the approval of the mayor is in exchange for …. you know what!

But that is not only what we are looking for. Look at the construction of that flyover in front of the University of San Agustin. If you happen to pass over it, you can feel what seems a crumbling of the prefabricated floor coupled by the trembling of your vehicle.

Worse, one who is descending to the northern exit of the flyover near the gate of the Iloilo City police station, could easily see that it is curving to the left portion of the street. It is not straight as how we expect it when being constructed. This is what happen when one prefers money than legacy.

This reminds me of the Iloilo Terminal Market. It was during the first month in office of Trenas as newly elected city mayor when the project was approved for construction. But prior it starts, a P17M was already released by the bank which transfigures a cart placed in front of the horse. As to who share the big slice of the loot, your guess is as good as mine!

Add to that is this hounding story of the Pavia Housing (Hao Shiao) Project of the city for its poor employees. Out of the 413 low-cost houses under the contract, not even a single unit was completely built. Worse, we pay P17,000 a day including holidays for interest alone of this loan for over a year, or a P24.7M with nothing in return.

This reinforced the widespread belief that the congressman of the Lone District of Iloilo City, is the most despised mayor this city ever had. The unprecedented waste of the taxpayers' money under his administration is injustice that cries to God for vengeance! The tragedy is not to go but having no one to remember you!