Anti-red tape ‘czar’ urgently needed, says Zubiri
SENATE MAJORITY Leader Juan Miguel F. Zubiri called on President Rodrigo R. Duterte to promptly appoint an Anti-Red Tape Authority head in compliance with the recently enacted Republic Act. No 11302, the Ease of Doing Business law.
He said he has received reports of continuing delays and obstacles that small entrepreneurs and industry chambers still face when they transact with government.
“We want business and livelihoods to move fast. Our citizens need government services for all their needs. That’s why we crafted a law to speed up transactions. I certainly hope it won’t be government who’s violating its own laws,” Mr. Zubiri said in a statement.
Sought for comment, Presidential Spokesperson Harry L. Roque, Jr. said at a press briefing, “We appreciate the suggestion, but let’s give the law a chance. It’s a new law. Maybe we will remind all heads of offices under the executive branch to strictly comply. And I understand, there are also penal provisions in case officers do not comply with the Ease of Doing Business Law.”
Under the law, the anti-red tape “czar” is mandated to investigate and file cases before the Ombudsman and the Civil Service Commission (CSC) against violators. — Camille A. Aguinaldo
DoJ asserts request for arrest warrant, HDO vs Trillanes
THE DEPARTMENT of Justice (DoJ) has submitted its reply to the comment and opposition of Sen. Atonio F. Trillanes IV before the Makati City Regional Trial Court Branch 150, asserting its request for an arrest warrant and hold departure order against the senator.
In its 10-page reply submitted Wednesday, the prosecutors reinstated that Mr. Trillanes did not comply with the requirements for the granting of amnesty.
“The pieces of evidence he submitted allegedly prove the submission of his application for amnesty, are all self-serving and deserve scant consideration. Without prejudging the authenticity and admissibility of the pieces of evidence submitted by the accused, the photograph of the accused in the Philippine Daily Inquirer on June 5, 2011 would show that the application form held by the accused did not bear proof receipt of the DND (Department of National Defense),” the reply read.
The DoJ also stated that the video evidence submitted by Mr. Trillanes did not prove that he has admitted his guilt and participation in the 2003 Oakwood Mutiny and 2007 Manila Peninsula Siege.
“Further as aptly pointed out by this Honorable Court during the motion hearing, the best evidence that the accused could submit to prove his claim is a copy of his application form bearing the receiving mark/stamp of the DND. This accused, failed to do so,” it added.
The prosecutors also claimed that there was no admission of guilt on the part of Mr. Trillanes “as evident in his pronouncements to the public and the media,” citing a report by GMA News on Jan. 5, 2011.
During the hearing last Sept. 14, Branch 150 Judge Elmo M. Alameda asked the lawyer of Mr. Trillanes, Atty. Reynaldo B. Robles, to present the senator’s application form. However, he only provided the Certificate of Amnesty and other affidavits including media reports showing Mr. Trillanes filed his application form.
The dismissal of the rebellion case in Sept. 7, 2011 following the grant of Mr. Trillanes’ amnesty is also void, said the government lawyers, because the motion to dismiss was only done because the Court was “misled to believe that the grant of amnesty was valid.”
“A void judgement is regarded as a nullity situation is the same as it would be if there were no judgements. It, accordingly, leaves the parties litigants in the same position they were in before the trial,” it said.
The prosecutors also claimed that the court still has jurisdiction over Sen. Trillanes’ rebellion case over the Manila Peninsula Siege in 2007, citing the resolution of the Supreme Court, which denied the senator’s petition for temporary restraining order and referring to the Makati RTCs the proceedings the legality of Proclamation No. 572.
Mr. Trillanes, in his comment filed before Makati RTC Branch 150 on Sept. 14, claimed that the court has already lost its jurisdiction for rebellion as its decision to dismiss the case in Sept. 2011 due to the grant of amnesty is final and executory.
Former President Benigno S.C. Aquino III in 2011 granted amnesty to Mr. Trillanes and others involved in the 2003 Oakwood Mutiny, 2006 Manila Standoff, and 2007 Manila Peninsula Siege.
Makati City RTC Branch 148 and Branch 150 ordered the dismissal of the coup d’etat and rebellion cases, respectively, of Mr. Trillanes following his amnesty.
President Rodrigo R. Duterte, through Proclamation No. 572, declared void from the beginning the amnesty granted, claiming that Mr. Trillanes did not submit his application form and there was no admission of guilt over the 2003 Oakwood Mutiny and 2007 Manila Peninsula Siege. — Vann Marlo M. Villegas
Absent mayors in typhoon Ompong areas given time to explain
MALACAÑANG ON Thursday said mayors who were absent during the onslaught of typhoon Ompong (international name: Mangkhut) in the Cagayan Valley Region and Cordillera Administrative Region have been given at least “five days” to explain their side.
The Department of the Interior and Local Government (DILG) previously reported that more that 10 municipal mayors were physically absent when the typhoon struck last weekend.
“I’m not sure if it’s five or ten days, pero isang araw pa lang po ang nakakalipas (only one day has passed). So they are being accorded their right to due process and decision to be made shortly thereafter,” Presidential Spokesperson Harry L. Roque, Jr. said in a press briefing at the Palace on Thursday afternoon, Sept. 20.
The DILG has yet to make public the names of the local government leaders saying it wants to avoid trial by publicity.
Mr. Roque, for his part, said the government supports the DILG’s position that heavy penalties should be slapped on those mayors who will be found guilty of having been “missing in action” at a time when their constituents needed them most.
In a press conference last Wednesday, DILG Undersecretary for Peace and Order Bernardo C. Florece, Jr. said apart from suspension, charges could be filed before the Office of the Ombudsman, which could lead to removal from office. — Arjay L. Balinbin
