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Sunday, December 9, 2012

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Hole of Justice: Warlord of Politics

Hole of Justice: Warlord of Politics: Hole of Justice by Peter G. Jimenea The Warlord of Politics Iloilo have three warring political Kingpins wanting to lord over...

Warlord of Politics

Hole of Justice
by Peter G. Jimenea


The Warlord of Politics



Iloilo have three warring political Kingpins wanting to lord over the Provincial Capitol (I love to call Kingdom by the River). They are Gov. Arthur Defensor, Sr. of the Third District, former Gov. Niel D. Tupas, Sr. of the Fifth and Cong. Oscar Garin, the younger one from the Southern Iloilo’s First District.



But luck seems elusive to Garin. He failed to capture the throne from the elder Tupas of the North. Later, however, Tupas was defeated by Defensor, a Lakas Party candidate with the help of Fourth District Cong. Ferjenil Biron. Besides, Defensor’s tandem with Prince Richard Garin as running mate propelled their easy victory.



Whatever agreement forged by Defensor and Biron prior to the election, only God knows. But when Defensor announced a reelection, it stirs the peace at the Fourth District. Cong. Biron also announced that he will run for governor of the province under the United Nationalist Alliance (UNA) of Vice Pres. Jojo Binay.



Feared by the threat of Biron’s victory, DILG Sec. Mar Roxas, head of the Liberal Party, tapped the services of the “butterfly of Phil. politics” to unite the three warlords from the First, Third and Fifth Districts under the umbrella of Liberal party. They welcome the plan. Tupas agreed, cites no reason.



The sudden decision of the three warring kingpins to unite under the umbrella of the Liberal Party has shocked the loyalists of Defensor and Tupas. It creates an impression without affirming the perception that they were abandoned by their bosses in exchange for …you know what!



On the other hand, Cong. Augusto “Boboy” Syjuco of the Second District said he would rather lose the battle at his turf if he cannot deliver the victory for Biron. Another inspiration for Biron, add to that, the reality that majority of mayors in the Fifth District are now with him, only two for Tupas and his Liberal Party.



The problem is, supporters and loyalists of Tupas may vote only for his son Raul the vice governor but not for Defensor. They perceived the succession of Cong. Toto Defensor, Jr. and father if the latter wins to place their Raul Tupas, beyond the parameters of the probable successors or heir to the throne.



Observers see no sincerity in this unity of warlords. They noticed a camaraderie-with-a-distance already prevailing this early. Their worst problem is confined in logistics which cannot disturb the camp of the unperturbed Biron. No wonder why the 2013 budget was hurriedly passed by the SP as if passengers catching the last plane out!



Look, Garin is also confronted by the growing strong oppositions at his district. He cannot just ignore the popularity of Miag-ao Mayor julieta Flores, the wife of Iloilo Provincial Board Member Gerry Flores. The lady mayor will throw her hat in the race for congress this election 2013.



A sudden grouping of the best of enemies into friends is a hollow alliance. Wise men say, fear not the devil you know than the devil you don’t. If election result is bad for the triumvirate, the torture of bad conscience means nothing to them, neither hell of their living souls.

Gov. Defensor may have sang the song of Whitney Houston “One Moment in Time,” for his friend Biron. But the latter won’t heed, instead, he also played a song by Barbara Striesand the lyrics of which say, “we live for the future, we’ve learned from the past. No matter how hard we try some good things never last!”



That’s it. Biron may have some ax to grind against Defensor. Being young, he dares the ageing Defensor, a strong signal for the other two who are also junior citizens to rest from politics. “Death is not the greatest loss of life. The greatest loss of life is what dies inside them while they still live.”

Warlord of Politics

Hole of Justice
by Peter G. Jimenea


The Warlord of Politics



Iloilo have three warring political Kingpins wanting to lord over the Provincial Capitol (I love to call Kingdom by the River). They are Gov. Arthur Defensor, Sr. of the Third District, former Gov. Niel D. Tupas, Sr. of the Fifth and Cong. Oscar Garin, the younger one from the Southern Iloilo’s First District.



But luck seems elusive to Garin. He failed to capture the throne from the elder Tupas of the North. Later, however, Tupas was defeated by Defensor, a Lakas Party candidate with the help of Fourth District Cong. Ferjenil Biron. Besides, Defensor’s tandem with Prince Richard Garin as running mate propelled their easy victory.



Whatever agreement forged by Defensor and Biron prior to the election, only God knows. But when Defensor announced a reelection, it stirs the peace at the Fourth District. Cong. Biron also announced that he will run for governor of the province under the United Nationalist Alliance (UNA) of Vice Pres. Jojo Binay.



Feared by the threat of Biron’s victory, DILG Sec. Mar Roxas, head of the Liberal Party, tapped the services of the “butterfly of Phil. politics” to unite the three warlords from the First, Third and Fifth Districts under the umbrella of Liberal party. They welcome the plan. Tupas agreed, cites no reason.



The sudden decision of the three warring kingpins to unite under the umbrella of the Liberal Party has shocked the loyalists of Defensor and Tupas. It creates an impression without affirming the perception that they were abandoned by their bosses in exchange for …you know what!



On the other hand, Cong. Augusto “Boboy” Syjuco of the Second District said he would rather lose the battle at his turf if he cannot deliver the victory for Biron. Another inspiration for Biron, add to that, the reality that majority of mayors in the Fifth District are now with him, only two for Tupas and his Liberal Party.



The problem is, supporters and loyalists of Tupas may vote only for his son Raul the vice governor but not for Defensor. They perceived the succession of Cong. Toto Defensor, Jr. and father if the latter wins to place their Raul Tupas, beyond the parameters of the probable successors or heir to the throne.



Observers see no sincerity in this unity of warlords. They noticed a camaraderie-with-a-distance already prevailing this early. Their worst problem is confined in logistics which cannot disturb the camp of the unperturbed Biron. No wonder why the 2013 budget was hurriedly passed by the SP as if passengers catching the last plane out!



Look, Garin is also confronted by the growing strong oppositions at his district. He cannot just ignore the popularity of Miag-ao Mayor julieta Flores, the wife of Iloilo Provincial Board Member Gerry Flores. The lady mayor will throw her hat in the race for congress this election 2013.



A sudden grouping of the best of enemies into friends is a hollow alliance. Wise men say, fear not the devil you know than the devil you don’t. If election result is bad for the triumvirate, the torture of bad conscience means nothing to them, neither hell of their living souls.

Gov. Defensor may have sang the song of Whitney Houston “One Moment in Time,” for his friend Biron. But the latter won’t heed, instead, he also played a song by Barbara Striesand the lyrics of which say, “we live for the future, we’ve learned from the past. No matter how hard we try some good things never last!”



That’s it. Biron may have some ax to grind against Defensor. Being young, he dares the ageing Defensor, a strong signal for the other two who are also junior citizens to rest from politics. “Death is not the greatest loss of life. The greatest loss of life is what dies inside them while they still live.”

Warlord of Politics

Hole of Justice
by Peter G. Jimenea


The Warlord of Politics



Iloilo have three warring political Kingpins wanting to lord over the Provincial Capitol (I love to call Kingdom by the River). They are Gov. Arthur Defensor, Sr. of the Third District, former Gov. Niel D. Tupas, Sr. of the Fifth and Cong. Oscar Garin, the younger one from the Southern Iloilo’s First District.



But luck seems elusive to Garin. He failed to capture the throne from the elder Tupas of the North. Later, however, Tupas was defeated by Defensor, a Lakas Party candidate with the help of Fourth District Cong. Ferjenil Biron. Besides, Defensor’s tandem with Prince Richard Garin as running mate propelled their easy victory.



Whatever agreement forged by Defensor and Biron prior to the election, only God knows. But when Defensor announced a reelection, it stirs the peace at the Fourth District. Cong. Biron also announced that he will run for governor of the province under the United Nationalist Alliance (UNA) of Vice Pres. Jojo Binay.



Feared by the threat of Biron’s victory, DILG Sec. Mar Roxas, head of the Liberal Party, tapped the services of the “butterfly of Phil. politics” to unite the three warlords from the First, Third and Fifth Districts under the umbrella of Liberal party. They welcome the plan. Tupas agreed, cites no reason.



The sudden decision of the three warring kingpins to unite under the umbrella of the Liberal Party has shocked the loyalists of Defensor and Tupas. It creates an impression without affirming the perception that they were abandoned by their bosses in exchange for …you know what!



On the other hand, Cong. Augusto “Boboy” Syjuco of the Second District said he would rather lose the battle at his turf if he cannot deliver the victory for Biron. Another inspiration for Biron, add to that, the reality that majority of mayors in the Fifth District are now with him, only two for Tupas and his Liberal Party.



The problem is, supporters and loyalists of Tupas may vote only for his son Raul the vice governor but not for Defensor. They perceived the succession of Cong. Toto Defensor, Jr. and father if the latter wins to place their Raul Tupas, beyond the parameters of the probable successors or heir to the throne.



Observers see no sincerity in this unity of warlords. They noticed a camaraderie-with-a-distance already prevailing this early. Their worst problem is confined in logistics which cannot disturb the camp of the unperturbed Biron. No wonder why the 2013 budget was hurriedly passed by the SP as if passengers catching the last plane out!



Look, Garin is also confronted by the growing strong oppositions at his district. He cannot just ignore the popularity of Miag-ao Mayor julieta Flores, the wife of Iloilo Provincial Board Member Gerry Flores. The lady mayor will throw her hat in the race for congress this election 2013.



A sudden grouping of the best of enemies into friends is a hollow alliance. Wise men say, fear not the devil you know than the devil you don’t. If election result is bad for the triumvirate, the torture of bad conscience means nothing to them, neither hell of their living souls.

Gov. Defensor may have sang the song of Whitney Houston “One Moment in Time,” for his friend Biron. But the latter won’t heed, instead, he also played a song by Barbara Striesand the lyrics of which say, “we live for the future, we’ve learned from the past. No matter how hard we try some good things never last!”



That’s it. Biron may have some ax to grind against Defensor. Being young, he dares the ageing Defensor, a strong signal for the other two who are also junior citizens to rest from politics. “Death is not the greatest loss of life. The greatest loss of life is what dies inside them while they still live.”

Saturday, December 8, 2012

Hole of Justice: Hell of a Living Soul

Hole of Justice: Hell of a Living Soul: Hole of Justice By Peter G. Jimenea   The Hell of a Living Soul   The 413 low-cost housing units for Iloilo City employee...

Hell of a Living Soul


Hole of Justice
By Peter G. Jimenea
 

The Hell of a Living Soul
 

The 413 low-cost housing units for Iloilo City employees in 2000, was a project bankrolled by bond floatation of P125M with the Phil. Nat’l. Bank (PNB) where the mayor and treasurer have no access to the fund deposited with the bank. In 2001, outgoing Mayor Mansueto Malabor turned over the project to Mayor Jerry Trenas for implementation.

 
On the same year, the money with PNB was transferred by Mayor Trenas to the Phil. Veterans Bank (PVB). On why, he has yet to say. But it becomes a loan and thus, an accountability of the Iloilo City government. Worse, the transfer cost of the obligation alone from PNB to PVB was P12 million, raising our total liability to P137M.

 
During construction, the contractor Ace Builders Enterprise owned by a certain Alex Trinidad, was discovered to have used substandard materials in the project. Thus, the city council passed two unanimous and urgent resolutions for Mayor Trenas to rescind the contract and sue the contractor.

 
But these fell on deaf ears. Thus, councilors, Raul Gonzalez, Jr., Antonio Pesina, Erwin Plagata and Concordia Manikan filed a case against Trenas, Malabor and others involved. Trinidad eventually abandoned the project but Trenas still paid his billing in millions. As a result, the project that started in 2001 ended in 2009 without even a unit completed.

 
In 2005, three Graft Investigators led by Primo Miro resolved the housing case by indicting the two mayors and others involved including Trinidad. But, the housing scandal that rocked the City of Iloilo for years seems not good for the Sandiganbayan. It just slept there at the Office of the Ombudsman until 2010.

 
On August 2010, after Ombudsman Merceditas Gutierrez resigned due to threat of impeachment, Overall Deputy Ombudsman Orlando Casimiro, hurriedly sent a modified decision of the housing case to the Office of Deputy Ombudsman for the Visayas Pelagio Apostol. It upheld the indictment of Malabor but ordered a further probing on the case of Trenas.

 
There’s no general formula or fixed rule for determination of a probable cause. It depends to a large degree on the finding or opinion of the one judging it. But even fish vendors believe the unauthorized payment of Trenas to the contractor is embraced in RA 3019 - the Anti Graft and Corrupt Practices Act. Yet, Casimiro is still groping in the dark for a probable cause!

 
Casimiro’s tinkering of the original decision has created an impression without affirming the perception that it was done in exchange for– you know what. The “hole” is now seen here being trimmed to exonerate some culprits. What a big blunder. Trimming a “hole” doesn’t reduce but widens its size in public eye!

 
Look at the vague decision reviewed by Assistant Ombudsman Virginia Palanca Santiago, recommended for approval by Deputy Ombudsman Pelagio Apostol and approved by Ombudsman Conchita Carpio Morales. Rather than “HEREBY DISMISSED” it says “HEREBY SET ASIDE.”  What a nice way of cushioning the impact of stupidity!

 
“Sec. 26, Inquiries. (par 2), the Office of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission. It shall act on the complaint immediately and if it finds the same entirely baseless, it shall DISMISS the same and inform the complainant of such dismissal citing the reasons thereof.

 
If it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two hours from receipt thereof. If the answer is found satisfactory, it shall DISMISS the case.”

 
Then why “SET ASIDE” rather than “DISMISSED” if there is no probable cause as provided for in RA 6770? The word “SET ASIDE” is vague, especially that nothing follows. For legal luminaries, technically, it is a dismissal with a grain of salt. Why? “Doubt” is not prevalent in this case where the court should rule in favor of the accused. Look at the decision dated November 11, 2012 below.

 
It reads; “The information accusing Jerry P. Trenas, Melchor U. Tan, Edwin S. Bravo, Katherine Tingzon and Alex Trinidad for Violation of Section 3, Par (e) of RA 3019 as amended, for causing the release of the P43,807,733.73 for construction works of the ICHP in Pavia, Iloilo, DESPITE reports that substandard materials were used in the project and defects, deficiencies and lapses in the works were NOTED, is hereby SET ASIDE.” Yaaaks! Evil, this can only be!

 
Nemo punitur pro alieno delicto – no one is punished for the crime of another. This is the sad fate that befell former Mayor Malabor. He claimed that this Ombudsman’s decision is tainted with grave abuse of discretion.  Anyway, God knows, the torture of a guilty conscience is……..  see the title!

Monday, November 19, 2012

Hole of Justice: Demonic Decision

Hole of Justice: Demonic Decision: Hole of Justice by Peter G. Jimenea   Demonic Decision                                                                             I...

Demonic Decision


Hole of Justice
by Peter G. Jimenea
 

Demonic Decision                                                                         
 

In yesterday’s issue, the Iloilo City Government Housing Project handed over by outgoing Mayor Mansueto Malabor to Mayor Jerry Trenas for implementation in 2001, has become an absurd legacy.

 
The construction of 413 units of houses that started in 2001 under Mayor Trenas ended in 2009, his last term, without a completed unit. For that, a case was filed against him and all the people involved by the four city councilors and a private lawyer in 2004.

 
In 2005, the Office of the Ombudsman through former Deputy Ombudsman for the Visayas Primo Miro and the two other Graft Investigators, resolved to indict Mayor Malabor et al, for awarding the million project to a contractor with only P2M capitalization.

 
A similar resolution was handed down against the group of Mayor Trenas, City Treasurer Catherine Tingson and City Administrator Melchor Tan. But after the 2005 decision, the case slept at the office of the Ombudsman for five years. The reason why it was later called by Atty. Gerochi the Office of Monalisa.

 
In 2010, right after Ombudsman Merceditas Gutierrez resigned for fear of being impeached, the Overall Deputy Ombudsman Orlando Casimiro forwarded the case with corresponding decision to Deputy Ombudsman for the Visayas Pelagio Apostol in the latter’s office in Iloilo City.

 
But as easily gleaned, it was modified by Casimiro who upheld the indictment of Mayor Malabor and his eight other staffers. Yet, he tasks Apostol to investigate further the involvement of Mayor Trenas and company in the housing anomaly.

 
In short, Apostol must ascertain that there is a probable cause to indict Mayor Trenas el al. Look, Alex Trinidad, the contractor abandoned the project after he was discovered using substandard materials, yet, Trenas continued paying his billing in millions.

 
Probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed. Even fourth year high school students would easily believe that the unauthorized payment of Mayor Trenas to the erring contractor is embraced in RA 3019.

 
Injustice lies fairly in “delayed” decision rather than “erroneous” as the latter can be appealed immediately. Worse, amending the original decision of senior Graft Investigators in 2005 is highly suspicious, evil, it can only be. Casimiro should know that it is only for him and the government crooks that what he did was good!

 
His temerity to tinker the original decision of Primo Miro and company creates an impression without affirming the perception that it is in exchange for – you know what! Look, lowly employees of the Office of the Ombudsman are most sorely tempted to steal but don’t!

 
Those who spent almost all of the P137M fund for the Housing project are now smiling to the ears due to Casimiro’s selective approach to prosecution. As we noticed, other culprits easily got off the hook than Malabor does. They failed to know that the torture of a bad conscience is the hell of a living soul.

 
True, there is really a big difference among people who attained the top post by managerial capability than those elevated to their post by political expediency. Casimiro may be different but his wisdom failed him in this case. I think it is not a “Solomonic solution” but a …… see the title!

Sunday, November 18, 2012

Hole of Justice: Ombudsman-Investigation-in-Eternity

Hole of Justice: Ombudsman-Investigation-in-Eternity: Hole of Justice by Peter G. Jimenea Ombudsman - Investigation-in-Eternity Two years and three months had lapsed since Overall Deputy O...

Ombudsman-Investigation-in-Eternity


Hole of Justice
by Peter G. Jimenea

Ombudsman - Investigation-in-Eternity

Two years and three months had lapsed since Overall Deputy Ombudsman Orlando Casimiro tinkered the 2005 original decision of the Ombudsman indicting former Mayor Mansueto Malabor and Mayor Jerry Trenas in the most despised project Iloilo City ever had – the Employees Housing Project.

To recap, the Iloilo City Employees Housing Project is for the construction of 413 houses of lowly City Hall employees (bankrolled by a P125M bond floatation bought by the Philippine National Bank). It is widely believed a supposed legacy of the graduating Mayor Malabor in 2000.

But as he has to go, the project was handed over to the newly elected Mayor Trenas for implementation in 2001. Few have the faintest idea that even before the construction started, Trenas has ordered PNB to release P19.6M as advance payment to the contractor Ace Builders of Alex Trinidad. Looks like the cart has overtaken the horse pulling it.

Again, no Performance Bond was reported to have been posted by the contractor to guarantee the completion of the project. Then the P125M city obligation with the PNB. was transferred to the Philippine Veterans Bank (PVB) On why, Mayor Trenas has yet to say. But the transfer cost is P12M, (for documentation kuno) which eventually raised our accountability from P125 to P137M.

The sad part of this story is the discovery of substandard materials being used by the contractor Ace Builders. It caused the resignation of an engineer assigned to the project site. Alarmed by the report, the city council immediately passed a unanimous resolution urging Mayor Trenas to rescind the contract and sue the contractor.

But it fell on deaf ears. The mayor continued paying the contractor’s billing in millions when under Article 1191 of the Civil Code of the Philippines, it says; “The power to rescind obligations is implied in case one of the obligors could not comply what is incumbent upon him.” But the mayor did nothing to protect the taxpayers’ money!

He could have confiscated the performance bond posted by the contractor had he obliged the latter to put up one as guarantee to finish the project. But there was none. His deliberate neglect caused the four city councilors to file a case against him and the contractor at the office of the Ombudsman in 2004.

Upon learning of the case, the contractor abandoned the project without even a unit standing and completed. But did not, until another billing was paid by the mayor. Despite the residual imperfection their will was done. Jurisprudence says, Culpa lata dolo a equiparatur – gross negligence is equivalent to malice or intentional wrong. (Balatbat vs CA, 261 SCRA 128).

Other than the four city Councilors, Raul Gonzalez, Jr., Atty. Antonio Pesina, Dr. Erwin Plagata and Concordia Manikan, Atty. Romeo Gerochi also filed a separate case against the mayor and all the people involved at the Ombudsman’s Office. But as the cases just lie there and seem to die there, he called it the “Office of Monalisa!”.

On May 9, 2005, the Ombudsman resolved the case which held Mayor Trenas similarly liable with former Mayor Malabor et al. But on August 10, 2010, days after Ombudsman Monalis… ehe este, Merceditas Gutierrez resigned, Overall Deputy Ombudsman Orlando Casimiro brought a revised decision to the Ombudsman-Visayas, Iloilo Office.

The decision upheld the indictment of Malabor et al, but ordered the Deputy Ombudsman-Visayas to probe further the involvement of Trenas in the housing mess. My God, his unauthorized payment to the contractor is already embraced in RA 3019. Casimiro perhaps believe, his, is a demonic ehe, este Solomonic decision. Sus gino-o, evil it can only be!

(Next issue, no probable cause to indict Mayor Trenas?)

Saturday, October 6, 2012

A World Gone Crazy


Hole of Justice
By Peter G. Jimenea
A World Gone Crazy
It is disheartening to note that every time we request copy of audit report of certain local government unit from the Regional Office of the Commission on Audit (COA), we always end-up badly disillusioned.

What a sad fate for the Freedom of Information Bill (FOI). True, remembering what was lost makes it precious. During the first month in office of Pres. P-Noy, his mind was pregnant with good promises of the future that he conceived the FOI.

On what misfortune, he conceived FOI but delivered a Cybercrime Law instead. This RA 10175 stirs the peace of working journalists who have been using the internet from the national level down to all regions of the country.

Now look, an Asst. Ombudsman requested from COA the certified machine copy of 2004 to 2007 Annual Audit Reports of Barangay Ingore, La Paz, Iloilo City, but was ignored. So how could we when even the Ombudsman was denied and the FOI is now gasping its last breath?

The taxpayers who religiously pay their dues to the government were shocked to learn that the letter-request only slept there at COA Region 6. This reinforced the public belief that COA is a government watchdog that only barks but doesn’t bite!

As a matter of fact, a leaked copy of the Iloilo City government audit report of December 2009, disclosed a P821milion of its P1.305 billion in property, plant and equipment that cannot be reconciled for lack of supporting documents or no document at all.

After that COA report nothing follows. The P821M taxpayers’ money seemed to have disappeared in the course of time. As government watchdogs, I am not surprise to hear that some personnel can also be tamed and domesticated ….. I’m sure you know what that means!


The same is true with the Iloilo City Government Housing Scam that rocked the city for over eight years. The P137M budget for the 413 houses was almost spent without a completed-unit. Here, COA just barked then slept without any action.

Going back to that barangay in La Paz, its chairman is said to be a known supporter of the congressman. This creates a misperception that the lawmaker’s intervention in his case has caused the delay in COA’s submission of the annual audit report to the Office of the Ombudsman.                                                                                                                                                                

The alleged giving of gifts by the barangay chairman to different government offices with concern to his case is another mess we have to deal with. The gift giving was untimely and highly suspicious. The law warned; gifts and bribe are one. What’s more, the giver and the receiver are also equally guilty in this case!

Funny indeed, COA Regional Director Salvador Isiderio cannot compel Mrs. Edina Balboa, a subordinate city-auditor, to submit the required annual audit reports of that Barangay in La Paz District to the Asst. Ombudsman for the Visayas since March 2012.

Jurisprudence dictates; lex reprobate moram- the law disapproves of delay. COA personnel should know the public expect them to act promptly for the Ombudsman to also do what should be done. I hope they have already settled this problem.

This country seems to have gone crazy. Look, during his campaign sorties P-Noy promised us the FOI but all of a sudden he gave us the Cybercrime Law instead. Then “daang matuwid.” Maganda sana itong daang matuwid ng Pangulo kaya lang, madilim……walang ilaw!

Thursday, September 27, 2012

Hole of Justice: Political Swindling

Hole of Justice: Political Swindling: Hole of Justice by Peter G. Jimenea   Loyalty and Betrayal   The unification of political leaders in the province of Iloi...

Political Swindling


Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.

Political Swindling


Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.

Political Swindling


Hole of Justice

by Peter G. Jimenea

 

Loyalty and Betrayal

 

The unification of political leaders in the province of Iloilo under the umbrella of the Liberal Party is branded by critics a “feast of fools.” It is an assembly of the cheats and the cheated, swindler and the victim, and/or a gathering of political-hypocrites.

After the enthusiasm (ang pag into-anay) died down, only former governor Niel D. Tupas, Sr. was badly beaten by his looks. He expects to get the party’s nod for governor through the endorsement of Sen. Franklin Drilon but he failed.  The sad result has put his loyal and hopeful followers to the brink of insanity!

The former governor and patriarch of the Tupas clan is known for his loyalty to the Liberal Party ever since he joined politics. It is through this belief that he assured loyal leaders and followers that he’ll soon get the party’s blessings to be its candidate for governor.

It was only his misfortune that the party has learned the Mafia’s style of political maneuvering - that sometimes cooperation is more effective than competition. So Gov. Arthur Defensor Sr. who is a non-party member suddenly became the party’s standard bearer for 2013 elections.

Tupas’ leaders believed he was betrayed. The compounding problem is his patron Sen. Drilon who endorsed him and his son Cong. Junjun Tupas gave their consents to the party’s decision that a non-party member like Gov. Defensor, will lead the province’s political battle.

The ambition of DILG Sec. Mar Roxas to get the full support of provincial leaders in the 2016 presidential election seems the primary motive in this convention. This writer, however, believes that injustice done to the elder Tupas has chilling consequences unfavorable to the anointed one!

As of press time, the disgusted followers of the former governor seemed not amenable to the party’s plan for the elder Tupas to run for congressman of the Fourth District which was vacated by Cong. Ferj Biron. The latter is the standard bearer of the United Nationalists Alliance (UNA) for governor of the Iloilo Province.

The assurance of support by the Liberal Party to Tupas Sr. in case he runs for Congress is a mere pittance. This is what his angry followers’ claim hinted at. As gleaned, they are also unlikely to vote for Gov. Defensor Sr. Maybe it’s true, anger like fire dies only after leaving a path of destruction. This is not good for the heart of the blessed one.

Besides, Tupas Sr. not only lost his face to loyal followers due to the failed bid in getting the party’s blessing. He was may be ridiculed for his pompous bragging to be the anointed one. Now he may not admit it but deep inside him the betrayal is something feeding revenge. This gives Cong. Biron a slight advantageous position.

True, politics is dirty and contagious. I am sure the former governor subscribes to this. Despite the badly hurt feelings, Tupas can still play their game with cards close to his chest. His running for Congress is not what the supporters want. In fact the offer of support by the party to Tupas Sr. made them believed the old man is a victim of political swindle!

This issue is now water under the bridge. Lot of tears had been wasted by the family due to the dirty game of politics. But Niel Tupas Sr. is an astute politician. He may cry today but will smile tomorrow. So, as to contrition for what the party’s top leaders did, I don’t think apology can be easily accepted.

Tuesday, September 25, 2012

The Road Not Taken


Hole of Justice

By Peter G. Jimenea

The Road Not Taken

The governor was very mad when he entered the office of the lady auditor at the Provincial Capitol. Upon seeing her, he asked the lady with a reprimanding voice; “Why did you leak the information? Look at this newspaper, how did he know about it?”

That was 2008 when Gov. Niel Tupas is still ruling the kingdom by the River. The auditor is Mrs. Haydee Pasuelo of the Commission on Audit (COA), who latter become a recipient of multi-national awards for dedicated public service.

The expose’ is all about the overpriced autoclave sterilizing machine purchased by the province for one of the twelve hospitals being subsidized by the Iloilo Provincial government. In fairness to the governor, the deal was consummated while he is out of office on official business.

It was a handiwork of the two underlings he had been tapping, his tailor and the provincial administrator. But the governor who is already in the pot jumped into the fire to defend his stooges. He doesn’t have the faintest idea that it is hard to defend errant clients.

The lady auditor who is innocent of the issue stood pat in denying she has no idea who leaked the information to the print media. But everyone with access to the Bids and Awards Committee’s (BAC) office suddenly panicked for fear to become a suspect of the governor about the leakage of the information.

In eagerness to discover how the autoclave machine became a Capitol mess, auditor Pasuelo, with the help of the publisher, found her way to get in touch with me. But other than telling her that if there is smoke there is fire, I told her it came from one of the people in the governor’s circle.

Gov. Tupas gives his trust and confidence to stooges in all business transactions that I never run out of issues against them up to the end of his term.  His cases keep coming in and out of courts because of culpa in vigilando - negligence in supervision of employees.

The overriding objective of criticism is to direct the transformation of Capitol transactions into a transparent governance and dispersal of available funds into useful projects or services. The governor should not resent this unfriendly space as it doesn’t dwell on personal matters.

Taking all the equities of this issue into consideration, I’m sure the trusted aides of the governor must have been whirled into believing their covert undertaking will not be questioned and contested by the auditor or by the recipient hospital.

COA auditors are not mere barking dogs of the government that do not bite.  As they always refused to heed that acquisition should be actual, material, direct and immediate, not contingent or expectant, she gave them the taste of what it takes if the push comes to shove. Well, Injuria non praesumitur - a wrong is not presumed.

As guidelines and rulings contrary hereto or inconsistent therewith had been ignored, the acquisition of the autoclave sterilizing machine began to reek with domino theory, transaction here and there but almost if not all are tainted with controversy.

COA is an entity against whom local government units like the province, city and barangay cannot enforce authority. If COA and the Ombudsman work sincerely hand in hand, maybe only then we can say that “matuwid na daan” is in this country!

Friday, September 21, 2012

Gerald Celente Trends Blog: ISRAEL Preparing to Strike IRAN Now ?

Gerald Celente Trends Blog: ISRAEL Preparing to Strike IRAN Now ?
The pompous military exercise by US,Britain and Israel is overtly professing their covert undertaking. Why resent the nuclear progeam of Iran when Israel have already developedits own a long time ago? This provoking action of these superpowers with large propensity to get what they want by force should not be allowed to continue unabated. Iran can give them the taste of what it takes if the push cimes to shove. I believe this provocation initiated by the US and its allies will eventuall.yr redound into WWIII. It is said though, that he who offends when drunk shall be punished when sober. I think the US is the most despised country this universe ever ha.

Gerald Celente Trends Blog: ISRAEL Preparing to Strike IRAN Now ?

Gerald Celente Trends Blog: ISRAEL Preparing to Strike IRAN Now ?
The pompous military exercise by US,Britain and Israel is overtly professing their covert undertaking. Why resent the nuclear progeam of Iran when Israel have already developedits own a long time ago? This provoking action of these superpowers with large propensity to get what they want by force should not be allowed to continue unabated. Iran can give them the taste of what it takes if the push cimes to shove. I believe this provocation initiated by the US and its allies will eventuall.yr redound into WWIII. It is said though, that he who offends when drunk shall be punished when sober. I think the US is the most despised country this universe ever ha.

Sunday, September 16, 2012

Hole of Justice: Hole of Justice: Selective Prosecution

Hole of Justice: Hole of Justice: Selective Prosecution: Hole of Justice: Selective Prosecution : Hole of Justice By Peter G. Jimenea Selective Prosecution In 2006, two government auditors...

The Unwanted Kids


Hole of Justice

by Peter G. Jimenea

 

The Unwanted Kids


There are plenty of reported crimes committed by young people today, most of whom are children of poor families in squatter areas. They are products of the consenting wives who can do nothing against the will of the husbands despite their unwillingness to have another child.

 

Less-educated mothers resented their coming into this world not because they are physically or mentally handicap but being considered unwanted children. Their parents can now do nothing but to hope against hope that they will not become future problems of society.

 

By growing without the proper parental guidance, they are more burdensome to parents than mongoloid kids who just stay at home. This mental handicap among children was discovered by experts on Human Genetics. The children are called mongoloids but to be more humane, they call them victims of “down syndrome.”

 

This mental condition that affects one in every six-hundred-fifty children all over the world is resented by many parents who failed in their expectation of a normal child. Thus, in most cases, these kids who badly need parental care and attention turned out to be the most neglected.

 

A doctor who discovered this mental handicap of children advised parents to love them as they are created from the image of God. They may act differently from the other normal children but still, as he asserts, they overflow with love and affection towards their parents

 

The problem of poor parents is by having nobody to take care of their mentally handicapped child just in case they go. Thus, in Europe, the discovery of child’s defect while still in mother’s womb forced some parents to resort into abortion than to allow it to live and suffer a sad fate in this world.

 

In Catholic Church abortion is a mortal sin. But this is not what is being debated in Congress about the Reproductive Health Bill (RHB). The use of contraceptives is the epicenter of the issue.  It may have some consequences to the user but this issue belongs to women as a right on what to do to their bodies.

 

Reported mortality rate among Asian women during pregnancy or childbirth is alarming. It is also noted that abortion performed by illegal abortionists had took its among women with unwanted pregnancy. This is not from fear of having a mongoloid kid but from having an additional member of the family.

 

RH Bill deals more on helpful information for women about healthcare during pregnancy and also of the fetus inside their womb. Lacking capacity to provide adequate food, clothing, health care and education to the already big number of children at home, RHB can be of help to avoid unwanted kids.

 

Look at the widening economic gap of the rich and the poor.  Unemployment is a big problem for parents with many children. For most of them, the “K plus 12” program of DepEd is anti-poor. They can hardly support the need of their school children what’s more for the added two years to finish high school?

 

Scientists say you can send a cow to a far-away-place inside the bottle. True, by artificial insemination they had created an embryo – a living thing developed by the inter-action of male’s egg penetrating inside the female womb. In human beings, contraceptives prevent the development of embryo. This belies abortion as what the earlier claim of those opposed to the RH Bill hinted at. For how can we kill a non-living matter?

 

Let us empower our women’s right to choose what is best for them. They knew much better than us men on what to do with their bodies. Any motive for us men to stand up against the RHB is hypocrisy of the highest order. It is a women’s cause and they knew that the prize at stake in this war is worthy of the battle they are fighting for!

 

Hole of Justice: Selective Prosecution

Hole of Justice: Selective Prosecution: Hole of Justice By Peter G. Jimenea Selective Prosecution In 2006, two government auditors from the Commission on Audit (COA), ...

Selective Prosecution


Hole of Justice
By Peter G. Jimenea

Selective Prosecution

In 2006, two government auditors from the Commission on Audit (COA), filed a case for alleged tampering of receipts against four Bacolod City Hall employees. The amount involved was less than P100,000 but all the four respondents were dismissed by the Ombudsman.

Perhaps, the evidence of guilt is strong against the four employees on why the Ombudsman dismissed them all. But three of these employees cried injustice, Budget Officer Luzviminda Treyes, Asst. City Treasurer Lilia Ursos and Project Development Officer Leo Villanueva.

The same fate happened to a provincial collection officer of Negros Occ. with a P16,000 cash shortage. This she can easily settle but the Ombudsman slapped her with a stiff penalty. This inquisitor should know that extreme enforcement of law may lead to injustice. (Berico vs. CA, 225 SCRA 562).

Justice of the Ombudsman seems to have two faces. Look at the COA’s report on the Property, Plant and Equipment (PPE) of the Iloilo City government in 2009 (last term of Mayor Jerry Trenas) and compare it to the cases of the lowly Negros Occ. government employees.

I don’t think this is our justice system under the Aquino administration. But as noted, justice today seems to have two faces. One side is in favor of the rich and the other is frowning for the blatant disregard to equal justice deserving to the poor!

Look, the Iloilo City government under then Mayor Trenas has P1.305B fund in 2009. But after the December audit, P821M cannot be reconciled due to lack of supporting papers or have no documents at all. On why COA has suddenly kept mum after reporting the mess, only God knows. But the P821M people’s money seemed to have disappeared in the course of time!

It does not end there. Under his administration, the city government has also a failed Housing Project, the construction of 413 units of houses for the poor city hall employees. It started in 2001 with P137M budget but sad to say, it ended in 2009, without a unit that can be seen standing and completed. 

Thus, graft cases were filed at the Office of the Ombudsman against then Mayor Trenas and cohorts in 2004. To date, however, the Ombudsman is still groping in the dark for probable cause to indict the mayor. My God, what a blatant display of stupidity!

Probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed. Here any prudent and reasonably discreet man will easily believe the unlawful spending of the P137M is embraced in RA 3019, so who are they kidding?

 
Although there is no formula or fixed rule for the determination of probable cause, it depends solely to a large degree on the finding or opinion of the one judging it. Now it redounds to an investigation-in-eternity, widely believed in exchange for – you know what!

 

Sec. 26 of RA 6770 (Inquiries) The Ombudsman shall act promptly on the complaint filed by anyone in any form and in any manner. If he finds the same baseless, he shall dismiss the case and inform the complainant of such dismissal.

 

Then what keeps the graft case of Trenas in suspended animation for nine years? If there is no probable cause, why not dismiss the case? Jurisprudence says, culpa lata dolo a equiparatur – gross negligence is equivalent to malice or intentional wrong. (Balatbat vs. CA, 261 SCRA 128). It is written though, he who offends when drunk shall be punished when sober!