BY ABOUT 450 plan holders on Monday went to the Department of Justice (DoJ) to file a total of more than 1,600 counts of syndicated estafa against executives of Abundance Providers and Entrepreneurs Corp. (APEC) — then Pacific Plans, Inc. (PPI) — led by businessman Alfonso Yuchengco.

840 counts of “syndicated estafa by means of deceit” and 840 counts of “syndicated estafa by abuse of confidence were filed against Mr. Yuchencgo, Alfonso Yuchengco III, Ambrosio Padilla, George Dee, Helen Dee, Paul Sycip, and 30 others by disenfranchised plan holders.

Lawyer Joshua Santiago who stands counsel for the group said: “We are focusing all our efforts to delivering this case to court and getting the justice the disenfranchised plan holders deserve.”

In a statement, the complainants, who declined to be named, recounted their grievances against the pre-need company. The group recalled: “In June 2004, PPI unilaterally transferred the assets and liabilities of its pension, memorial, and fixed-value educational plans to a new company, Lifetime Plans.” Two months later, GPL holdings bought Lifetime Plans’ stake in PPI. In 2009, Noel Oñante of Zest Air acquired PPI.

The group said that “they were only informed of the takeover through letters sent via mail,” adding that no explanation was given to them.

“Sometime in [2004], the Department of Finance (DoF), which has supervision over corporate regulators, called for a probe on the series of inter-company transactions, that eventually led to the sale of PPI. The company then had almost P17 billion in assets, nearly P3 billion in receivables from installment contracts, and 400,000 plan holders. Yet at the time of the sale, it claimed it had no resources to fund the claims,” the group stated.

The group also contested that in 2009, the company had “P591 million available as tuition assistance payments. Of the amount P250 million came from Yuchengco Group of Companies head Alfonso Yuchengco, and P341 million from Pacific Plans itself. None of the money was distributed to the plan holders.”

An earlier class suit against Mr. Yuchengcho and several others who served as part of the executive board of Pacific Plans. was dismissed by the DoJ on 2013, saying that the complainant “failed to prove that respondents committed any unlawful act or carry out transactions of soliciting funds from the public by way of investments in fraudulent scheme.” — Kristine Joy V. Patag

DAVAO CITY — The clash between the New People’s Army and the military during the weekend in Makilala, North Cotabato has pushed the Philippine government to convince the National Democratic Front (NDF) to implement a bilateral cease-fire agreement.

In a statement released Monday, President Assistant on the Peace Process Jesus G. Dureza said it is important to implement a bilateral cease-fire as there will be a mechanism that will find ways to resolve these issues.

“In a bilateral cease-fire, independent monitors conduct their own independent investigations, submit reports with possible sanctions imposed, if warranted,” said Mr. Dureza, using as an example a similar mechanism being employed in the peace negotiations between the Moro Islamic Liberation Front and the government.

In the incident, he added, both the rebels and the soldiers “have their own reports and accusations favorable to their own version and interest or propaganda line.”

The NDF and the government have resumed peace talks since January 19 in Rome, Italy with the bilateral cease-fire agreement as among the issues to be tackled.

In its press statement, the rebels claimed that one of their members and eight soldiers were killed. The military on the other hand had no casualties, according to a press statement by the 10th Infantry Division.

The rebels, in the statement signed by Southern Mindanao spokesperson Rigoberto F. Sanchez, claimed that since the government implementation of the unilateral cease-fire in August, soldiers of the 39th Infantry Battalion, in the pretext of its peace and development outreach program, have “continued to mobilize…troops and paramilitaries in various forms.”

They added that the soldiers even killed civilians in Arakan Valley on Nov. 22, prompting an evacuation.

The military, on the other hand, claimed the encounter was the result of a campaign to run after those who have been extorting local businesses in the area.

“Several extortion letters signed by a certain Ricardo Fermiza, spokesman of Guerilla 51, Davao del Sur-North Cotabato Operation Command of the NPA, Southern Mindanao Region were also recovered (from the encounter site),” said a press statement from the command.

On the allegation that the military lost eight of its soldiers in the encounter, the statement said it is inviting the public to scrutinize the records of the Makilala MPS (Municipal Police Station), interview the people around the encounter site and check on all hospitals and funeral parlors in Regions 11 and 12 to determine who is telling the truth.”

PRESIDENT Rodrigo R. Duterte in his freewheeling remarks as he took part in his police chief’s birthday celebration last Saturday recalled anew his Dec. 2, 2016 phone call with US President Donald J. Trump, describing the American president as “gago din (a fool as well)” but “hindi bugoy” (not mischievous).

Mr. Duterte, who had recently shifted from his anti-American stance upon the victory of the also tough-talking Republican leader, said that like him, Mr. Trump is concerned about his country’s drug problem and will also kill narco-traffickers.

“O tingnan mo sa inaugural speech niya, he will stop drugs, gago din. Papatayin ka talaga niyan. You know, si Trump, huwag kang magpa-kumpiyansa, parang bugoy. Pero hindi iyan maging billionaire kung talagang bugoy ang utak niyan (Oh, listen to his inaugural speech — he will stop drugs — a fool like me. Trump could really kill you. You know, with Trump, you can’t be too confident, he’s mischievous. But he would not become a billionaire if he does have the brain of a mischievous person),” Mr. Duterte said.

‘THEY’RE FLOODING MY COUNTRY’
In the same impromptu speech, Mr. Duterte, still recollecting his brief chat with Mr. Trump, also said that the newly inaugurated American president complained to him about illegal drugs “flooding” the US and the “bad fix” between the Philippines and the US State Department.

“Tapos pagdating si Trump, tinawagan ko. ‘Mr. President, this is President Duterte. I am privileged to congratulate you.’ ‘Oh, yes. I heard that we have a bad fix with the United States Department.’ ‘Yes, Mr. President. I’m sorry but it’s just a matter of principle, nothing more.’ ‘Yeah, this guy, you know, the boundary of, [censored], you know, they are flooding my country,’” Mr. Duterte said as he feigned the US leader’s accent.

Mr. Duterte had been critical of the US and its then outgoing president, Barack Obama, who had expressed human rights concerns over the Philippine government’s war on illegal drugs.

But since the Republican leader’s victory in the US presidential election, Mr. Duterte has changed his stance with remarks aimed at reaching out to Mr. Trump.

In October, he appointed Jose E.B. Antonio, the chief executive and controlling shareholder of Philippine-listed Century Properties Group, Inc., as a special government envoy to the US.

Century Properties, the company behind the $150-million tower that’s set to open next year, paid as much as $5 million to use the Trump name, in a licensing agreement that’s common for the American property mogul before he won the race for the White House.

In a divisive election campaign, the American tycoon-turned-politician drew sharp criticism for his protectionist as well as racist and sexist remarks, seen to be in response to the rising multiculturalism in the US.

Meanwhile, more than 5,000 have been killed in Mr. Duterte’s bloody war on drugs.

SENATE COMMITTEE on Ethics Chair Vicente C. Sotto III on Monday said the committee has dismissed two of the four ethics complaints filed against Senator Leila M. de Lima, while the remaining two would be consolidated and submitted to her.

“After she receives the copies of the complaints, we will ask her to submit her reply within 15 days,” Mr. Sotto told reporters after the committee hearing.

During the hearing, the ethics complaints filed by lawyers Ronillo Pulmano and Abelardo de Jesus were dismissed for lack of jurisdiction, given that the events pertained to happened during Ms. De Lima’s term as justice secretary.

On the other hand, the ethics complaints filed by the House of Representatives and the supplemental complaint of Mr. De Jesus would fall under the Senate’s jurisdiction, anchored on Article 50 of the Revised Penal Code: Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions.

“Whether or not a full blown hearing is necessary or will we accept her explanation, it depends,” Mr. Sotto said.

Should there be a need for another hearing, Mr. Sotto said this would be public.

“Almost always I will conduct the hearing publicly,” Mr. Sotto said. “I don’t ever want to be charged that we will not be impartial.”

Sought for comment, Ms. De Lima told reporters before the plenary yesterday: “I will just wait for the notice from the ethics committee.”

Ms. De Lima is currently facing charges at the Quezon City metropolitan trial court for alleged violation of Article 150 of the RPC for advising her former aide and alleged bagman Ronnie P. Dayan against attending the House inquiry on the drug trade in the New Bilibid Prison. She has also complaints before the Department of Justice. — Lucia Edna P. de Guzman

AFP

THE SENATE started yesterday its probe on the Bureau of Immigration (BI) bribery scandal, in which two former associate commissioners and the Secretary of Justice himself were alleged to have been bribed by casino mogul Jack Lam for the release of Chinese nationals illegally employed in his establishment.

Justice Secretary Vitaliano N. Aguirre II, BI Commissioner Jaime H. Morente, former BI Associate Commissioners Michael B. Robles and Al C. Argosino, and former BI Executive Assistant Charles T. Calima, Jr. attended as resource persons, as well as representatives of the Philippine Amusement and Gaming Corp. (PAGCOR) and establishments City of Dreams and Shangri-La the Fort.

Retired police senior superintendent Wenceslao “Wally” A. Sombero, who allegedly tried to bribe Messrs. Aguirre, Argosino and Robles, was likewise invited but according to his counsel is currently in Singapore for a medical procedure. The government issued a lookout order on Mr. Sombero on Dec. 16 2016 but only listed his name as “Wally Sombero.”

Mr. Aguirre testified to his meeting with Mr. Lam at the Shangri-La, Bonifacio Global City on Nov. 26 with two interpreters and Mr. Sombero.

“Mr. Sombero called me and asked for a meeting, he told me that Mr. Jack Lam wanted to meet me in order to address the problem of the arraigned and the grievances of all those detained,” Mr. Aguirre told the committee, pertaining to the 1,316 Chinese nationals working without permit at Mr. Lam’s Fontana leisure park. “So I agreed to meet him [on] Nov. 26 at the BGC Shangri-la.”

“Associate Commissioner Al Argosino asked me if he can join us and I agreed.”

He met Mr. Lam, his two interpreters, and Mr. Sombero in a room that they rented as an event by the San Beda College of which he and President Rodrigo R. Duterte are alumni would be conducted in the same hotel that night. Their meeting ended at 5:00 p.m.

Mr. Aguirre said that before he left the room, Mr. Sombero told him: “Matagal nang walang nag-aalaga kay Jack Lam. Pwede bang ang Secretary of Justice ang maging ninong ni Jack Lam (It’s been a long time since someone took care of Jack Lam. Can the Secretary of the Justice be the godfather/protector of Jack Lam)?”

“I knew what he meant by that, that he was trying to bribe me,” Mr. Aguirre added. “I rejected it.”

Mr. Argosino for his part said: “It was my first time at the City of Dreams, I went there because I wanted to help the arrested Chinese citizens.”

“I arrived there early at 9:30 p.m. and then I told Atty. Robles that I was there.” Mr. Robles arrived after him at Erwin’s Gastrobar. At around 10:45 p.m. Mr. Sombero met with them.

“We talked for a while, then he suddenly left us and at around 11:45 he arrived with two bags,” said the former associate commissioner. He also recalled Mr. Sombero leaving them and returning with three bags at 5:00 a.m.

Messrs. Robles and Argosino took the bags home with them, which contained the alleged P50 million they were bribed with. The two men claimed they took the money as evidence of bribery.

Mr. Calima relayed his side of the story and how he had reported to Mr. Morente that he had returned the P18 million that was allegedly his cut in the P50 million Lam bribe.

The BI intelligence chief had already filed raps against Messrs. Argosino and Robles, alleging that they had extorted money from Mr. Sombero.

“On Nov. 30, Wally reported to me on a extortion activity and he would set up an entrapment operation,” Mr. Calima said. “He briefed me on the P50-million transaction.”

“[What happened] was a part of our counter-intelligence measures,” the sacked BI intelligence officer said.

Mr. Calima did not report the information to Mr. Aguirre, and said: “I am under Gen. Morente, not directly under the Secretary of Justice.”

In an ambush interview after the proceedings, Senate blue ribbon committee chair Richard J. Gordon told reporters that he had already thought of examples of legislation that could be developed from these inquiries.

“We will look at the protocolar duties of the BI, second there should be an increase of manpower in the bureau especially because of this influx of Chinese tourists, it seems that we were lax since these tourists became illegally employed laborers,” Mr. Gordon said.

He added that Mr. Aguirre should return to fill in the gaps between testimonies and to further explain his side.

Senator Leila M. de Lima, in a separate interview, told reporters that it’s too early to tell who among the resource persons are telling the truth.

“We still have plenty to ask them, so it would be premature to say who among them are telling the truth,” she said.

She found the meeting between Messrs. Aguirre, Argosino, Sombero and Lam at the Shangri-La hotel questionable. “The Secretary of Justice, and officials at the DoJ and BI shouldn’t be talking to people facing cases. If they’re really determined to remedy the problem of the 1,316 Chinese nationals under their custody, they should have met at the BI [office].”

Senator Antonio F. Trillaines IV said it was clear that Mr. Aguirre and the other BI officials were conducting a shakedown operation against Mr. Lam.

“No matter how much Sec. Aguirre tries to spin his story, why would he even meet with Mr. Lam in the first place,” Mr. Trillanes told reporters. “It’s a clear shakedown operation that just happened to be exposed.”

“On the part of Messrs. Sombero and Lam, why would they waste P50 million if they weren’t confident with the conversation they had with the Justice Secretary at Shangri-la,” he added.

Mr. Trillanes hinted that more witnesses could be invited for the subsequent inquiries.

“There are a lot of witnesses approaching us, we’re currently verifying the information they give us,” Mr. Trillanes said. “We’re still making sure that they’re credible that’s why we’re still not saying who they are.”

For his part, Senate committee on labor chair Joel T. Villanueva is considering filing contempt charges against Mr. Argosino for not disclosing that he had already received P50 million from Mr. Lam when he was invited as a resource person during the probe on the presence of illegal foreign workers, particularly in Fontana, on Dec. 11.

“I would like to manifest my absolute disgust at what he did and we are contemplating and exploring our options, such as considering filing contempt charges against him,” Mr. Villanueva said in his opening statement for the inquiry. “This representation believes that he is liable of perjury for having provided false statements through withholding information from the Senate.”

The next inquiry is tentatively scheduled for Feb. 7.

A subpoena was issued for Mr. Sombero to attend the inquiry, while the Senate will look into its records for the inquiry conducted by the Senate committee on justice on Mr. Lam in 2008.

Messrs. Robles, Argosino, Calima, Morente, Aguirre and Sombero were ordered to submit their affidavits for clarity of narrative and details.

MEMBERS OF the Criminal Investigation and Detection Group (CIDG) Region 8 on Monday submitted their counter-affidavits denying their involvement in the killing of Albuera, Leyte Mayor Roland R. Espinosa Sr. and inmate Raul Yap.

Lawyer Roland Inting, speaking for the 12 lawyers of the respondents, said: “All the respondents have filed their respective affidavit telling the panel what they were doing on the [Nov. 5, 2016] to prove that there was really no conspiracy.”

“Conspiracy has to be proven with the same evidence as what they say about the alleged murder [but] they have not come up such an evidence,” he added.

The case stemmed from the raid of the CIDG 8 members, led by Police Superintendent Marvin Wynn Marcos, at the sub-provincial jail in Baybay, Leyte. Mr. Espinosa was killed, along with inmate Yap, an hour before dawn of Saturday, Nov. 5, for allegedly shooting it out with police officers said to be serving him a search warrant for illegal possession of firearms. The NBI, in their complaint, alleged that the operation was a “rub out.”

Mr. Inting also dismissed the complaint filed by the National Bureau of Investigation (NBI) as “reckless,” stressing that the complaint included names who were not present in the operation, and officers were also given wrong designation.

He recounted that Police Officers (PO)1 Cristal Jane Briones Gisma and Divine Grace Baclas Songalia both claimed that they were not part of the said operation. They were also tagged as civilians in the said complaint.

One respondent, Niel Patrimonio Centino, has also been absent without official leave (AWOL) since Oct. 5, a month before the operation. Mr. Centino has yet to appear in the two hearings set by the DoJ.

“That basically put into question the complaint,” Mr. Inting added.

Meanwhile, the son of the slain mayor, self-confessed drug distributor Roland “Kerwin” E. Espinosa Jr. also appeared before the panel of prosecutors to file a supplemental complaint against the same respondents.

Lawyer Lailani Villarino, counsel of the younger Espinosa, said: “There has to be a private complainant.”

Others tagged in the complaint are: Police Superintendent Santi Noel Gaspang Matira, Police Chief Inspector Leo Daio Laraga, SI Deogracia Pedong Diaz, SI Fritz Bioco Blanco, SPO4 Juanito Ampado Duarte, SPO4 Melvin Mendoza Caboyit, SPO4 Eric Palattao Constantino, SPO2 Benjamin Layague Dacallos, SPO2 Alphinor Milla Serrano, Jr., PO3 Johnny Abuda Ibanez, PO3 Norman Tiu Abellanosa, PO1 Bernard Rodriguez Orpilla, PO3 Lloyd Ortinez Ortiguesa, PO1 Jerlan Sadia Cabiyaan, all assigned at CIDG Regional Office No. 08, Port Area, Tacloban City. As well as PCINSP Calixto Cabardo Canillas, Jr., PINSP Lucresito Adana Candelosas, SPO2 Antonio Romangca Docil, SPO1 Mark Christian Castillo Cadilo, PO2 John Ruel Baldevia Doculan, and PO2 Jaime Pacuan Bacsal, all assigned at Regional Maritime Unit 8 Port Area, Tacloban City.

Charges of search warrant maliciously obtained were also filed against PCINSP Laraga, PO3 Abellanosa, and Mr. Granados.

Civilian Paul G. Olendan, whose testimony was the basis of the court order of search warrant for the raid, is also facing perjury raps.

The panel of prosecutors, led by Senior Assistant State Prosecutor Lilian Doris P. Alejo, directed all the respondents to submit their reply on Feb. 2, 10:00 a.m.

PHILIPPINE NATIONAL POLICE (PNP) Chief Director-General Ronald M. dela Rosa on Monday maintained his earlier statements about the killing of Korean businessman Ick Joo Jee in the PNP’s headquarters in Camp Crame, as he questioned recent statements by prime suspect SPO 3 Ricky M. Sta. Isabel implicating his superior, relieved Police Supt. Rafael Dumlao, in Mr. Jee’s kidnapping and murder.

Mr. Dela Rosa in a press conference on Monday said he talked with Mr. Sta. Isabel last Sunday at the PNP custodial center where the suspect is detained. The PNP chief declined to disclose the details of their conversation, but said what Mr. Sta. Isabel told him was “parang puro self defense, alibi ’yung taong naiipit na gumagawa ng storya (like it’s all self defense, alibi of a person forced to make up stories).”

Mr. Dela Rosa said he might not be a graduate of psychology but his experience in handling sensational crimes tells him Mr. Sta. Isabel must be hiding something.

“I have been investigating sensational cases noon pa. Alam ko na yung taong nagsisinungaling. Hindi ko priniprejudge ha, I am not [a] judge. Sabihin na naman nung asawa hindi ako judge but I am the chief PNP. I know my men (I have been investigating sensational cases way back. I know when a person is lying. I am not prejudging, I am not a judge. The spouse may say I am not a judge but I am the chief PNP. I know my men),” the PNP chief said.

He also said he will have Mr. Sta. Isabel’s wife investigated and will not allow her to get in the way of the truth. Justice Secretary Vitaliano N. Aguirre II had earlier hinted that she may stand witness in the case of kidnapping with homicide against Mr. Jee’s killers.

“We will consider lahat ng information na ibibigay niya but we will not be guided or we will not be dictated by the wishes nung asawa na yan. Because for all we know she is the wife of the main suspect. So bakit naman susundin kung ano gusto niya? Hindi niya kami pwede diktahan sa aming imbestigasyon.”

(We will consider all the information she gave but we will not be guided or we will not be dictated by the wishes of that spouse. Because for all we know she is the wife of the main suspect. So why would we do what she wants? We cannot be dictated in our investigation.)

Mr. Dela Rosa also said another Korean national had been kidnapped by a police officer in Angeles City, Pampanga, last December but he declined to give any further details.

The PNP chief vowed “no coverup.”

“Ang coverup na gagawin natin e cocoveran natin ng lupa yang mga pulis na yan (The only cover up we will do is cover those policemen with dirt),” he said. — J.C.V. Doctolero

PNP Chief Ronald “Bato” M. dela Rosa together with Sr. Supt. Glen Dumlao speaks at Camp Crame headquarters yesterday regarding the Korean National who was slayed at Camp Crame in relation to Tokhang for ransom case. — Philippine Star_Michael Varcas