Drilon wants NBI legal exec tagged in ‘pastillas scheme’ disbarred

Robie de Guzman   •   September 23, 2020   •   403

MANILA, Philippines – Senate Minority Leader Frankiln Drilon on Wednesday urged the National Bureau of Investigation (NBI) to file a disbarment case against its official who was arrested for his alleged involvement in the ‘pastillas scheme’ in the Bureau of Immigration.

Drilon made the call following the arrest of Atty. Joshua Capiral, NBI’s head of legal assistance division, for allegedly accepting bribes from persons involved in the modus in exchange for exclusion from charges.

“Bantay salakay ang tawag dito. Yung inatasan na mag-imbestiga sa katiwalian sila yung gumagawa ng katiwalian,” he said in an interview over Teleradyo.

“He is a disgrace to the legal profession. We lawyers took an oath to tell nothing but the truth. Capiral violated that sacred oath of lawyers. All he did in the NBI is to enrich himself through corruption,” he added.

When asked whether the case of Capiral warrants a Senate investigation, Drilon said he will support an investigation if there is evidence of massive corruption in NBI – like in the case of PhilHealth and the Bureau of Immigration.

“At this point I think there is no evidence of massive corruption in the NBI. This is a laudable move for the NBI to arrest one of its members. The NBI should make an example out of Capiral that corruption has no place in the agency,” Drilon said.

“If we do not address this, everybody will believe that they can bribe the NBI and having that perception is not good in the fight against corruption,” he added.

Capiral was nabbed in an entrapment operation on Monday night. He underwent inquest proceedings at the Department of Justice on Wednesday morning.

The two are facing complaints for extortion under the Revised Penal Code and violation of the Anti-Graft Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employee, and Executive Order No. 608 which established a national security clearance system for government personnel with access to classified matters.

Drilon said that Capiral’s case is among the reasons why the public tend to lose confidence in the government’s ability to stop corruption.

“This is one of the reasons why Filipinos are losing faith in the ability of the government to fight corruption. This only shows how rampant corruption is today,” he said.

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Duterte designates NBI as sole body to probe PNP-PDEA ‘misencounter’

Robie de Guzman   •   February 26, 2021

MANILA, Philippines — President Rodrigo Duterte has designated the National Bureau of Investigation to be the sole agency to investigate the alleged misencounter between cops and operatives of the Philippine Drug Enforcement Agency (PDEA), Malacañang said Friday.

“Nagdesisyon po ang ating president na tanging NBI lang po ang mag-iimbestiga duon sa putukan na nangyari sa panig ng mga kapulisan at PDEA diyan po sa Quezon City,” Presidential spokesperson Harry Roque said.

The shooting incident involving policemen and PDEA operatives occurred on Wednesday afternoon near a mall along Commonwealth Avenue in Quezon City. Four individuals – two cops, a PDEA agent and an informant – were killed in the gun battle.

The PNP and PDEA earlier said that a joint Board of Inquiry has been created to look into the incident.

But due to Duterte’s order, the joint probe will have to be discontinued.

“’Yung mga binuong joint panel para imbestigahan yan, na binuo po ng PNP at PDEA ay di na po magtutuloy sa kanilang imbestigahan,” Roque said.

Both PNP and PDEA assured to work with the NBI in compliance with Duterte’s directive. – RRD (with details from Correspondent Rosalie Coz)

‘Against PH laws’: Drilon backs NTF stand vs blanket immunity for vaccine makers

Robie de Guzman   •   February 26, 2021

Senator Franklin Drilon

MANILA, Philippines – Senate Minority Leader Franklin Drilon said the government cannot grant absolute and blanket immunity to vaccine manufacturers, saying it is against the law and contrary to public policy.

Drilon issued the statement in support of National Task Force (NTF) COVID-19 and vaccine czar Carlito Galvez Jr., who earlier said that the government cannot agree to a full immunity for vaccine makers.

Galvez revealed late Wednesday that there are vaccine makers that demand full immunity but said the government cannot do so out of concern over malpractices and willful misconduct.

“Under the COVID-19 Vaccination Program Act Congress passed last February 22, COVID-19 vaccine manufacturers are immune from suits for claims arising out of the administration of the COVID-19 vaccine, but not for willful misconduct or gross negligence,” Drilon said.

The senator cited Section 8 of the said measure which states that “notwithstanding any law to the contrary, public officials and employees, contractors, manufacturers, volunteers, and representatives of duly authorized private entities who are duly authorized to carry out and are actually carrying out the COVID-19 vaccination program shall be immune from suit and liability under Philippine laws with respect to all claims arising out, related to, or resulting from the administration or use of a COVID-19 vaccine under the COVID-19 vaccination program except arising from willful misconduct and gross negligence.”

“The government cannot extend a blanket immunity to vaccine manufacturers as it is against the law and contrary to public policy,” Drilon said.

The lawmaker, however, noted that any vaccine recipient can file claims for damages, based on the vaccine manufacturers’ liabilities arising from willful misconduct and gross negligence.

“It is part of their individual and private rights that cannot be set aside by the government,” he explained.

According to Drilon, gross negligence is defined by the Supreme Court as “negligence characterized by the want of even slight care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to the consequences, insofar as other persons may be affected.”

Willful misconduct, on the other hand, exists where the acts “were impelled by an intention to violate the law, or were in persistent disregard of one’s rights, as evidenced by a flagrantly or shamefully wrong or improper conduct.”

Drilon also said the establishment of an indemnity fund to compensate inoculated individuals who would experience severe adverse effects is also provided in the measure.

“The government set up the an indemnity fund to compensate any person inoculated through the vaccination program. The indemnity fund will take care of the costs for deaths, permanent disabilities and hospital confinements caused by vaccination”, Drilon said.

The bill likewise earmarked P500 million of the President’s P13 billion contingent fund for the COVID-19 National Vaccine Indemnity Fund. It will be administered by PhilHealth.

Drilon said the COVID-19 Vaccination Program Law will not only expedite the purchase and administration of vaccines but also sets aside money to secure the interest of the people against unforeseen effects thereof.

The proposed vaccine bill is now up for President Rodrigo Duterte’s signature.

DOJ orders NBI to probe PNP-PDEA ‘misencounter’

Robie de Guzman   •   February 25, 2021

MANILA, Philippines – The Department of Justice (DOJ) has directed the National Bureau of Investigation (NBI) to conduct its own probe into the shooting incident that transpired between members of the Philippine National Police (PNP) and the Philippine Drug Enforcement Agency (PDEA) on Wednesday night.

The shooting incident between operatives of the PNP and PDEA occurred near a mall along Commonwealth Avenue in Quezon City.

“This is separate and distinct from the probe to be conducted by an ad hoc joint PNP-PDEA board of inquiry earlier announced by PNP chief Debold Sinas,” Justice Secretary Menardo Guevarra said in a message to reporters.

“I gave them (NBI) 10 days to submit a report,” he added.

Sinas earlier said that a joint PNP-PDEA Board of Inquiry has been created to determine what transpired and who should be held liable for the incident.

The PNP chief appointed the Criminal Investigation and Detection Group (CIDG) as the lead investigating body, while the National Capital Region Police Office (NCRPO) has been designated “to speak on any updates from the PNP in order to keep the public updated with accurate and relevant information.” – RRD (with details from Correspondent Dante Amento)

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