Philippine court blocks testimony in Marcos ill-gotten wealth case

June 20, 2023 | 8:32 pm

Ferdinand_Marcos — SPEC. 4 DINO BARTOMUCCI

THE PHILIPPINES’ anti-graft court has rejected a government plea to allow it to present a new witness in an ill-gotten wealth case against business associates of the late dictator Ferdinand E. Marcos, Sr. and his wife Imelda.

In a seven-page resolution dated June 13, the Sandiganbayan Third Division barred state prosecutors from having a stenographer identify stenographic notes from a 2019 case, which is based on a similar set of facts, since it violated the defendant’s right to due process.

“To permit the plaintiff now to introduce the testimonies… through mere identification of their transcript of stenographic notes by an officer of the Third Division would unduly deprive herein defendants their right to be confronted at the trial by and to cross-examine the witnesses against them,” Associate Justice Lorifel Lacap Pahumna said, citing the 2019 Sandiganbayan case.

The Marcos family’s business associates were accused of buying shares of Eastern Telecommunications Philippines, Inc. so they could serve as dummies to acquire ill-gotten wealth.

In 2019, the anti-graft court ordered a different set of Marcos associates to return their shares in the telecommunication company and in other investment firms to the government, saying these were ill-gotten.
State prosecutors filed the motion since they could not get the nine witnesses to testify in court since they have either passed away, have gone abroad or were unwilling to testify.

“Needles to state, the instant case and Civil Case No. 009 are closely related or interwoven as they both seek the ill-gotten nature of the shares,” the court said. “Yet, the defendants herein were not impleaded nor involved in the proceedings in Civil Case No. 009.”

In February, the Sandiganbayan junked an ill-gotten wealth case against other business associates of the Marcos family for insufficient evidence.

The Presidential Commission on good government (PCGG) had accused them of illegally accumulating funds and properties.

A popular street uprising toppled the dictator’s regime in February 1986, forcing him and his family to flee into exile in the United States.

That same year, his successor, the late Corazon C. Aquino set up the PCGG to go after ill-gotten assets of the elder Marcos, his family and cronies that were amassed during his two-decade rule.
His son and namesake is now the Philippine president.

The Sandiganbayan last month denied the Marcos family’s appeal to regain control of some frozen bank accounts and properties seized by the government.

Experts have said an unfavorable judgment against the Marcoses could lead to a constitutional crisis since law enforcers are under the president.

In 2003, the Philippine Supreme Court awarded the Philippine government $658 million (P37 billion) of the dictator’s frozen Swiss bank deposits. — John Victor D. Ordoñez

New Omicron form may cause severe infection in seniors

June 20, 2023 | 8:31 pm

THE OMICRON subvariant FE.1 might severe infection among the Philippines’ vulnerable population including the elderly, an infectious disease expert said on Tuesday.

The FE.1 subvariant, which was first detected in the Philippines recently, is likely similar to the XBB lineage, Rontgene M. Solante, a member of the Health department’s technical advisory group, told a news briefing.

“There are specific mutations in FE.1, they call it mutations of interest that are very similar to XBB,” he said in mixed English and Filipino, noting that XBB variants have caused a rise in coronavirus infections in recent months.

Since FE.1 is not totally different from XBB variants, it will most likely cause severe infection “but only for those who are highly vulnerable like the elderly population,” Mr. Solante said.

He said FE.1 might only cause mild symptoms since the new Omicron subvariants, unlike the Delta variant, “attack the upper respiratory tract, not the lower respiratory tract.”

“We would expect the same clinical manifestation as that of the Omicron — cough, fever, sore throat, body pain,” he said. “And mostly these are very mild, especially among the younger population.”

Mr. Solante said people who are seriously ill, and seniors should always wear face masks and update their vaccination based on existing rules because their immunity weakens four to six months after vaccination.

Citing results of genome sequencing tests from May 29 to June 12, the Department of Health said on Monday it had detected the country’s first case of the Omicron subvariant FE.1.

The agency said “currently available evidence for the variant does not suggest any differences in disease severity and/or clinical manifestations compared with the original Omicron variant.”

“Limited information is available for the variant and researchers are currently characterizing FE.1 in terms of transmissibility, immune evasion and ability to cause more severe disease,” it added.

FE.1 has been detected in 35 territories across six continents, the agency said, citing sequencing submissions from the Global Initiative on Sharing All Influenza Data.

The European Center for Disease Control (ECDC) classified the new subvariant was as a variant under monitoring on June 1, which means “there is some indication that they could have properties similar to those of a variant of concern, but the evidence is weak or has not yet been assessed by ECDC.”

The Health department said 82.91% or 1,940 of 2,340 samples tested were XBB sublineages. — KATA

CoA cites non-revocation of 2 POGOs’ licenses

June 20, 2023 | 8:31 pm

casino-online gambling — JAGODA KONDRATIUK-UNSPLASH

STATE AUDITORS flagged the Philippine Amusement and Gaming Corp. (PAGCOR) for not revoking the licenses of two Philippine Offshore Gaming Operators (POGOs) despite failure to pay financial obligations for two consecutive months.

According to its 2022 audit report posted online on June 19, 2023, the Commission on Audit (CoA) said that “two POGOs were still allowed to operate despite continued non-payment of their financial obligation for more than two months totaling to P34.65 million.”

Under PAGCOR regulations, an operator’s failure to pay its dues to the government is grounds for license revocation.

In response to CoA, the PAGCOR management said the two POGOs requested an extension to settle their financial obligations. “POGO A” was given until June 8 while “POGO B” was granted its “request for reconsideration” on February 27.

PAGCOR and CoA have yet to reply to e-mails seeking updates on the status of the two gaming operators.

CoA also noted that PAGCOR’s accounts receivable from POGOs denominated in foreign currency worth P2.33 billion were not revalued as of Dec. 31, 2022, resulting to an understatement.

It noted that the conversion of the accounts receivable from POGOs “would amount to P2.57 billion instead of P2.33 billion” based on prevailing exchange rates.

CoA recommended that PAGCOR develop or update its guidelines to properly monitor its accounts receivable denominated in foreign currencies.

Senator Sherwin T. Gatchalian, who heads the ways and means committee, earlier this month pushed to end POGO operations in the country following a human trafficking case in a POGO hub in Clark, Pampanga.

PAGCOR said last week that it will impose heavier penalties on licensed offshore gaming operators and accredited service providers committing illegal activities.

Measures seeking to ban online gambling are pending in Congress.

At the local level, the Valenzuela City government has recently approved the banning of offshore gaming operators within its jurisdiction, the second to do so after Pasig City in December last year. — Beatriz Marie D. Cruz

SC fines former Davao City judge for disregarding CA order favoring Pilipinas Shell

June 20, 2023 | 8:30 pm

THE SUPREME COURT (SC) has ordered a previously dismissed Davao City trial court judge to pay a fine of P700,000 over a settlement order he issued against Pilipinas Shell Petroleum Corp. and subsidiaries of Shell Oil Company despite an appellate court ruling barring him to do so.

In an 18-page decision dated March 28 and made public on June 19, the tribunal said the former judge was guilty of gross ignorance of the law and gross misconduct when he went against the Court of Appeals (CA) order.

“Despite this, he refused to obey and justified such refusal with an inapplicable legal provision and an erroneous interpretation of a basic concept of law,” Associate Justice Ramon Paul L. Hernando said in the ruling.

The case stemmed from a 1996 damages complaint filed by 1,843 Filipino banana plantation workers in the United States who claimed to have been exposed to a Dibromochloropropane (DBCP) during the 1980s up to the 1990s, which resulted in permanent injuries to their reproductive systems.

The chemical is a pesticide used against roundworms and threadworms that thrive in banana and pineapple plantations. It is known to have mutagenic properties.

Chiquita Brands, Inc., Shell Oil Company, Dow Chemical Company, Occidental Chemical Company, Del Monte Fresh Produce, N.A. and Del Monte Tropical Fruit Co. entered into a worldwide compromise settlement agreement with the plantation workers in the United States.

The agreement involved the firms depositing settlement amounts in an escrow account, which would then be distributed to the banana plantation workers.

In 2002, a Panabo City trial court in Davao del Norte approved the deal and granted a motion to collect the settlement payments the following year after it found that the firms did not show proof of their compliance with the compromise agreement.

The complaint was originally filed before a Panabo court but was transferred to the Davao City trial court due to security concerns, the SC said.

The Davao City trial court issued a seizure order in the amount of $17 million (P948.7 million) against the subsidiaries and affiliates of Shell.

Pilipinas Shell argued that it was not afforded due process since the former Davao City judge included the company in the order to pay the settlement amount despite not being a signatory to the agreement.

In 2009, the CA sided with Pilipinas Shell, saying it was not liable to pay the settlement amount.

The former judge then issued a resolution on the same day of the appellate court’s decision saying the injunction was not official since only two members of the court’s division signed the injunction.

The Davao City court also ordered the arrest of bank officials due to indirect contempt of court for refusing to release Pilipinas Shell’s funds.

“The court condemns and would never countenance any conduct, act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability or tend to diminish the faith of the people in the Judiciary,” the High Court said.

In the separate expulsion case, the Supreme Court in a 2013 ruling ordered the judge’s dismissal from service and the forfeiture of his retirement benefits after continuing to handle two different contempt cases even after he agreed to inhibit. — John Victor D. Ordoñez

DMW, Saudi firm discuss use of e-platform for worker recruitment

June 20, 2023 | 8:30 pm

THE DEPARTMENT of Migrant Workers (DMW) and representatives from Saudi Arabia’s Takamol Musaned on Monday discussed measures on how new technologies can be adopted to make it more convenient for Filipinos to seek work in the Middle Eastern country.

Takamol, a company under Saudi Arabia’s Ministry of Human Resources and Social Development, has developed an electronic platform called the Musaned, which aims to provide a streamlined recruitment system for migrant workers.

“The Takamol Musaned Company met with Secretary Ople and other senior officials to discuss strengthening their partnership and to explore opportunities for collaboration on the use of technology for ease of doing business to improve service delivery to overseas Filipino workers (OFWs) and their families,” the DMW said in a statement on Tuesday,

Migrant Workers Secretary Maria Susan V. Ople and senior agency officials held a dialogue earlier this week with a delegation led by Takamol Executive President Fawzan Almuhaidib.

Last month, Ms. Ople said Saudi Arabia plans to hire about one million skilled Filipino workers in the next 18 to 24 months through a special employment program.

The key sectors in Saudi Arabia in need of workers include the hospitality industry, construction, and information and technology.

The Saudi government had also promised President Ferdinand R. Marcos, Jr. in November that it would settle the unpaid wages and other benefits of Filipino workers who were laid off by private Saudi employers in 2015-2016, according to Ms. Ople. — John Victor D. Ordoñez

ERC says it has remitted most of the taxes cited in CoA report

June 20, 2023 | 8:30 pm

THE ENERGY Regulatory Commission (ERC) said on Tuesday that it has remitted more than half of its collected taxes to the Bureau of Internal Revenue (BIR) early this year, updating a 2022 report by state auditors.

ERC Chairperson and Chief Executive Officer Monalisa C. Dimalanta said that out of the 18.79 million cited in the Commission on Audit (CoA) report, P11.49 million worth of taxes withheld as of December last year have already been remitted to the BIR in January 2023.

“This amount was yet to be remitted to the BIR as of the cut-off date of the said CoA audit report,” Ms. Dimalanta said in an e-mail.

She said that an amount of P180,461.63 remained unremitted “since this was assessed as not forming part of the amount due to BIR.”

Ms. Dimalanta added that the balance of P6.22 million worth of taxes withheld in prior years have been “confirmed as previously remitted to the BIR” after further review.

She said the ERC’s remaining unreconciled unremitted amount to the BIR stood at P885,893.53, coming from taxes from payments to various suppliers contracted in previous years but have incomplete supporting documents as well as unclaimed salaries of resigned, retired, or newly-hired ERC employees as of January this year.

ERC said it can only remit the remaining due taxes once corresponding transactions are complete.

She noted that the commission is still reconciling balances in the audit report and will submit its final analysis to CoA by June 30.

In its 2022 audit report made available on June 8, 2023, CoA said the ERC had a remaining balance of P18.79 million of unremitted withheld taxes from the current year and prior years as of late last year. — Beatriz Marie D. Cruz

Bangsamoro capitol’s relocation to Parang gets Parliament nod

June 20, 2023 | 8:30 pm

THE PROPOSED relocation of the Bangsamoro capitol to Parang, Maguindanao del Norte was approved on final reading late Monday by the region’s Parliament, a move cheered by local leaders and the business community.

“We welcome the approval of that enabling measure with gladness. Transferring the seat of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to Parang is like opening a new investment corridor for regional and foreign investors,” lawyer-entrepreneur Ronald Hallid Dimacisil Torres, chairman of the Bangsamoro Business Council, said on Tuesday.

The BARMM government center is currently located in Cotabato City.

Parang town, which started as an enclave of the Spaniards in the 16th century, is the center of commerce and trade for the adjoining Buldon, Barira and Matanog towns in what is now Maguindanao del Norte and the municipality of Kapatagan in Lanao del Sur.

“Learning that the BTA (Bangsamoro Transition Authority) Bill 43 had been approved is like music to our ears,” Mohammad Omar Pasigan, chairman of the Bangsamoro Regional Board of Investments, told reporters via Messenger Tuesday.

Mr. Pasigan said Parang is surrounded by towns that have vast swaths of arable lands suitable for fruit farms as well as soya and corn plantations.

The largest seaport in the BARMM territory is located in Parang, home to mixed Moro Iranuns and Christians, mostly of Ilonggo and Cebuano descent.

The town once had fuel depots along its coastlines owned by different petroleum companies, but were closed down one after another in the early 1990s due to security concerns.

Maguindanao del Norte Gov. Abdulrauf A. Macacua said the expected expansion of businesses by wealthy traders in Cotabato City to Parang will generate employment for local residents.

“Providing our people with employment, as part of the BARMM government’s socio-economic agenda, is parallel with the socio-economic objectives of the national government and the Moro Islamic Liberation Front,” said Mr. Macacua, also a senior official of the Moro Islamic Liberation Front. — John M. Unson

Agents seize P350K worth of drugs shipped inside wireless speaker

June 20, 2023 | 8:30 pm

ANTI-NARCOTICS agents in Baguio City intercepted on Tuesday 50.9 grams of methamphetamine valued at around P350,000, which was shipped inside a Bluetooth speaker and sent through a fast mail forwarding service.

Cordillera Police Regional Drug Enforcement Unit head Nicomedes Olarte II said the use of parcel forwarding service has recently become the new means for syndicates to transport illegal drugs into the city.

Operatives staked out the courier hub for three days before catching the parcel’s claimant.

According to the police, the suspect said he was just asked to pick up the package for his brother-in-law and was unaware that it contained illegal substance locally known as shabu.

The suspect will be facing drug charges, but has vowed to cooperate with authorities. — Artemio A. Dumlao

Quizon shares lead in Under-20 ASEAN Age Group Chess tourney

June 20, 2023 | 6:23 pm

WORLD Cup veteran Daniel Quizon continued to serve as the Philippines’ beacon of hope after keeping his place at the helm in the premier Open Under-20 class of the 21^st ASEAN Age Group Chess Championships in Bangkok, Thailand yesterday.

The 19-year-old International Master (IM) overcame countryman Jeremiah Luis Cruz to keep in step with Thai FIDE Master Prin Laohawirapap as the two shared the lead with 3.5 points each after four rounds.

Interestingly, Mr. Quizon was battling Dasmariñas stable mate IM Michael Concio, Jr., who had 2.5 points, in the fifth round at press time for the lead.

Mr. Quizon’s heroics provided the light for a country that got buried under the avalanche of the Vietnamese juggernaut following heartbreaking defeats in the other age classes.

UNDER 12-14
There were two though outside Mr. Quizon who have kept plodding on in Mary Janelle Tan and Jaycol Sodela.

Ms. Tan halved the point with Vietnamese Dao Vu Minh Chau and slipped to No. 2 with 3.5 points in the combined girls’ Under 12 and 14 divisions that another Vietnam bet, Pham, Thi Minh Ngoc headed with a perfect four points.

For Mr. Sodela, he needed to turn back countryman Phil Martin Casiguran to jump solo third with 3.5 points in the Open U12 behind co-leaders Nguyen Quang Minh and Nguyen Nam Kiet again from Vietnam.

The country’s trip is financed by the Philippine Sports Commission and supported by the National Chess Federation of the Philippines and the Philippine Olympic Committee. — Joey Villar

De La Salle University guns for finals of PBA D-League Aspirants’ Cup and FilOil EcoOil Preseason Cup

June 20, 2023 | 6:22 pm

Games Today
2 p.m. — Perpetual vs. National U (battle for 3rd)
3:45 p.m. — Mapua’s Khem Sabsalon vs. EAC’s Ruzzel Dominguez (Hanes 1-on-1 King of the Hardcourt finals)
4 p.m. — La Salle vs. UP (finals)

DE LA SALLE University will juggle double duties in two days when it vies in the finals of the both the PBA D-League Aspirants’ Cup and Filoil EcoOil Preseason Cup against different opponents.

EcoOil-De La Salle, the reigning champion, lock horns with Marinerong Pilipino-San Beda tomorrow for the start of the D-League Aspirants’ Cup best-of-three finale at the Ynares Sports Arena in Pasig. Today (June 21), it’s up against the University of the Philippines (UP) in the one-game Filoil championship at the Filoil EcoOil Centre in San Juan.

As tough and challenging the stretch is, it’s a good problem and an even better opportunity for the Taft-based school in the long run with hopes of unearthing full potential under new head coach Topex Robinson.

“Right now, our focus is on ourselves. Our focus is to see where we are now as a team and how we can still improve,” assistant coach Gian Nazario said in yesterday’s Philippine Sports Association (PSA) Forum featuring the D-League finalists at Rizal Memorial Sports Complex.

“It’s a chance for us to perform better, to focus and be able to adapt. Our goal is to gel together.”

Mr. Robinson, who replaced seasoned mentor Derrick Pumaren, is handling De La Salle in Filoil against collegiate squads while Mr. Nazario has been steering the team in the D-League made up of club and school-based teams.

“We’ll take it one game at a time. We have to deal with it. Whatever the result, we have to turn the page and focus on what’s next,” added Mr. Nazario, reiterating that De La Salle’s ultimate goal is the UAAP Season 86 in September.

De La Salle has been unbeaten in 11 games in the Filoil while being scarred by a lone loss in the D-League against San Beda University, which vowed to give the title holder a run for its own money.

“We have an underdog mentality against De La Salle. But there’s also the winning culture of San Beda. We’re always looking to win,” said former player-turned-assistant-coach Ralph Penuela in lieu of head coach Yuri Escueta. — John Bryan Ulanday

PSC opens Volleyball Nations League practice games for local coaches

June 20, 2023 | 6:21 pm

THE PHILIPPINE Sports Commission (PSC) is opening its doors to local coaches for them to learn from world-caliber volleyball teams, as the upcoming Volleyball Nations League (VNL) 2023 holds its practice games inside the Rizal Memorial Sports Complex (RMSC) starting June 27.

PSC Chairman Richard Bachmann announced this initiative, in partnership with the Philippine National Volleyball Federation (PNVF), which will provide an opportunity for the country’s local coaches to witness high-level play from renowned coaches and athletes.

“As the PSC supports the PNVF and its hosting of this year’s VNL, this is a great opportunity for our local volleyball coaches as well to be equipped by the world’s best talent, and uplift our grassroots development in the sport,” said Mr. Bachmann, who graced the VNL press conference at Diamond Hotel on Monday.

PNVF President Ramon “Tats” Suzara echoed this, and thanked the PSC chief for making available its sports facilities including the Rizal Memorial Coliseum and the Ninoy Aquino Stadium located inside the historic RMSC.

“As part of our commitment to the PSC and the development of Philippine volleyball, this invitation will allow our coaches to gain insights and foster greater participation in sport,” said Mr. Suzara, who was joined by Malacañang Senior Deputy Executive Secretary Hubert Guevara, Pasay City Mayor Imelda Calixto Rubiano, MOA Arena General Manager Arnel Gonzales and Diamond Hotel Rooms Division Manager George Reynoso.

Eight of the world’s top 25 men’s teams, including VNL defending champion Italy, Poland, Brazil, as well as crowd favorite Japan, Slovenia, Netherlands, Canada and China, will battle it out for the championship on July 4 at the Mall of Asia Arena in Pasay City.

Chinese Taipei grabs 3-2 victory over Philippine Azkals in friendly

June 20, 2023 | 6:21 pm

CHINESE Taipei rained on the Philippine Azkals’ parade as it snatched a pulsating 3-2 victory in their international friendly at the wet Rizal Memorial Stadium Monday night.

Sub Lin Ming-wei drove the dagger to the hosts’ heart when he scored off a rebound at the 90^th minute to complete the Taiwanese’s gutsy fightback from a 1-2 deficit.

The relatively fitter visitors wrested control of possession against the fading Azkals in the second half and forced a 2-2 standoff on Yu Yao-hsing’s 57^th-minute strike before Lin delivered the late winner after the initial save by Neil Etheridge.

The result denied returning coach Michael Weiss of a two-game sweep of the June international windows. The Azkals beat Nepal, 1-0, in their previous friendly last Thursday.

“In the first game, we got away but tonight (Monday), we didn’t get away. But I think the potential is really there,” said Mr. Weiss, who dealt with player injuries and short preparation time for the twin friendlies.

“If the pool is fit and (injured) players didn’t pull out last minute, we would have seen a different group for sure. Please don’t be disappointed, I think we will see many, many more positives in the September, October and November windows.”

It wasn’t the best of starts for the Azkals in that rain-drenched game against Chinese Taipei.

Just a minute and a half after the kickoff, the Taiwanese got on the board via Wu Yen-shu’s deflected free kick.

Rallied by a 3,758-strong home crowd, the Azkals got the equalizer 11 minutes later with Mike Ott winning a penalty and converting his spot kick then took the driver’s seat in the 39^th on Patrick Reichelt’s fine finish.

“In the first half, we were very much in the game, a little but lucky here and there and held a 2-1 lead with morale and spirit,” said Mr. Weiss.

“But in the second half, even morale and spirit couldn’t help us in crucial situations. If you don’t have the basics right, if you come to a camp with lack of fitness coming off holidays, eventually you can’t cover up anymore,” he added. — Olmin Leyba