THE Philippine anti-graft court has dismissed motions for reconsideration to overturn the guilty verdicts against those involved in the misuse of the Priority Development Assistance Fund (PDAF) between 2007 and 2009, citing the lack of merit.

In a 19-page resolution promulgated on Nov. 6, the Sandiganbayan Third Division resolved multiple motions filed separately by former public officials and private individuals who participated in the diversion of about P60 million in PDAF allocated to a congressman to bogus livelihood projects.

The convicted parties sought to overturn the anti-graft court’s ruling, arguing that state prosecutors failed to establish their role in the siphoning of public funds or show they conspired with other co-accused to divert the government money.

“After due consideration of the arguments raised by the accused- movants and the prosecution, as well as the assiduous review of the records, the Court finds no compelling reason to reverse their respective convictions,” read part of the resolution penned by Associate Justice Ronald B. Moreno.

“As defined by jurisprudence, “proof beyond reasonable doubt” does not mean such degree of proof as to exclude the possibility of error and produce absolute certainty,” it added. “Only moral certainty is required or that degree of proof which produces conviction in an unprejudiced mind.” — Kenneth Christiane L. Basilio

A BILL seeking to provide the Philippine government the authority to seize real estate properties fraudulently acquired by foreigners has been filed at the House of Representatives on Thursday.

The filing of House Bill (HB) No. 11043 comes amid a House quad committee’s investigation into illegal online casinos.

The committee last month submitted to the Office of the Solicitor General (OSG) documents showing how a Chinese national allegedly connected to illegal Philippine Offshore Gaming Operators acquired a Filipino citizenship fraudulently, allowing him to own land and set up businesses in the country.

The committee urged the OSG to start building a legal case against the implicated Chinese national, citing national security concerns and violations of Philippine laws.

“The bill seeks to provide for a civil forfeiture in favor of the State any unlawfully acquired real estate properties by any foreign national,” according to the explanatory note of HB No. 11043, which were filed by several lawmakers led by Senior Deputy Speaker and Pampanga Rep. Aurelio D. Gonzales, Jr.

Foreigners are not allowed to own Philippine lands, according to the 1987 Constitution.

Foreigners were able to skirt the land ownership restriction through their acquisition of falsified Philippine documentation, such as birth certificates, passports and driver’s licenses through “corrupt public officers,” according to the bill.

Properties allegedly obtained by any foreign national are presumed to be illegally acquired, unless proven otherwise by authorities, under the proposed law.

HB No. 11043 noted that any taxpayer could file a complaint before their city or provincial prosecutor, who will be responsible for conducting a preliminary investigation to determine its merit.

It could then be elevated for OSG action should local prosecutors find “reasonable ground” that properties in question were illegally acquired.

“The respondent foreign national shall have a period of 15 days to answer the complaint… from the receipt thereof from the city or provincial or prosecutor or the regional trial court,” Sec. 7 of the measure stated.

Properties forfeited in favor of the government will be distributed to farmers, if the estate in question is an agricultural land. Non-agricultural lands should be used for “schools, hospitals, and other establishments for socialized services,” according to the bill. — Kenneth Christiane L. Basilio

HOUSE QUAD committee hearings should also include in its investigation ex-President Rodrigo R. Duterte’s counter-insurgency campaign, a human rights group said on Thursday, citing gross violations against political activists.

“It is high time that the quad committee takes a serious look at Duterte’s accountability for other state-sponsored killings that were very likely perpetrated by the same death squads funded by government monies,” Karapatan Secretary-General Cristina E. Palabay said in a statement, referring to a House committee investigating alleged extra-judicial killings under Mr. Duterte’s administration.

The Philippine government estimates that more than 6,000 died under the campaign, according to a Facebook infographics published in June 2022 by RealNumbersPH, which is operated by the inter-agency Committee on Anti-Illegal Drugs. Human rights groups say the death toll could be as high as 30,000.

Hundreds of activists were slain during Mr. Duterte’s administration, said Ms. Palabay, highlighting the need to investigate human rights violations against them.

“Revelations at the quad comm hearings already point to the involvement of some of Duterte’s anti-drug henchmen in perpetrating human rights violations against activists and other human rights defenders,” she said.

She cited Oplan Sauron, an internal security program meant to address “lawless violence” in Negros and Samar islands and the Bicol Region under a 2018 memorandum.

“Oplan Sauron, a bloody counter-insurgency operation jointly conducted by the military and police that was centered on Negros Island was actually framed as a plan not just against rebel groups, but criminals and individuals involved in the illegal drug trade,” she said.

Ms. Palabay said that Oplan Sauron was a “coordinate military and police operation” that “brutalized” activists, with them being tagged as members of the armed communist movement to justify their killings. — Kenneth Christiane L. Basilio