Resolusyon sa mga mosyon ni JPE, pag-aaralang maigi ng Sandiganbayan

admin   •   June 23, 2014   •   2103

FILE PHOTO: Senate Juan Ponce Enrile (UNTV News)

MANILA, Philippines — Hindi pa rin naglalabas ng resolusyon ang Sandiganbayan 3rd Division kaugnay sa kasong plunder at graft ni Senator Juan Ponce Enrile at ng mga co-accused nito.

Lahat ng mosyong inihain ng kampo ni Enrile ay submitted for resolution na gaya ng motion for judicial determination of probable cause.

Gaya ng kay Senators Bong Revilla at Jinggoy Estrada, kapag kinakitahan ng korte ng probable cause mailalabas ang warrant of arrest para kay Enrile at kasama nitong akusado.

Sa ngayon ay may mosyon si Enrile na humihiling na payagan siyang makapagpiyansa sa kasong plunder dahil umano sa hindi naman mabigat ang ebidensya laban sa kanya.

Sa pagdinig noong Biyernes, sinabi ni 3rd Division Associate Justice Samuel Martirez na hindi sya magpapadala sa opinyon ng publiko at maging ng media.

Pag-aaralan niyang mabuti ang mahigit na siyam na libong pahina ng mga dokumento at ebidensya upang maging patas sa gagawin niyang desisyon sa kaso ng 90 taong gulang na senador.

Ilang plunder case na rin ang hinawakan ng Sandiganbayan 3rd Division at ilan sa mga akusado ang pinayagang makapag-piyansa. Gaya ng P300-million plunder case noon ni dating AFP Comptroller General Carlos Garcia.

Inakusahan noon si Garcia ng direct bribery at facilitating money laundering sa pera ng gobyerno.

Noong 2011, inaprubahan ng Sandiganbayan ang plea bargaining agreement ni Garcia.

Nakapaloob sa deal guilty plea ni Garcia sa mas mababang offense na direct bribery sa halip na plunder kapalit ng pagsauli nito ng halagang P135-million worth ng kanyang assets.

Maliban dito pinayagan na rin ng 1st Division na makapagpiyansa ang walong mga co-accused ni dating Pangulong Gloria Arroyo sa PCSO plunder case.

Habang isang plunder case ang dinismiss mga Sandiganbayan noong 2012.

Ito ang people of the philippines vs. Maximo Borje Jr. et al dahil sa kawalan ng matibay na ebidensya.

Una na ring sinabi ni Atty. Estelito Mendoza, abugado ni Enrile sa kaso ng senador, hindi dapat plunder case ang isinampa dahil wala silang malinaw na ebidensya.

Si Enrile sa ngayon ay nahaharap naman sa kasong plunder at 15 counts ng graft dahil sa umano’y pagtanggap nito ng kickback noong 2003 hanggang 2010 mula kay Janet Lim Napoles ng halagang P172.8 million at maling paggamit ng kanyang PDAF. (Grace Casin / Ruth Navales, UNTV News)

Roxas tells Enrile: Public office ban is for those facing plunder charges

Robie de Guzman   •   September 19, 2019

Former Senate President Juan Ponce Enrile and former DILG Secretary Mar Roxas

MANILA, Philippines – Former Interior and Local Government Secretary Mar Roxas on Wednesday twitted former Senate President Juan Ponce Enrile, saying those accused of plunder or stealing from government coffers should be the ones banned from seeking or holding public office.

“Ahem. Yung dapat barred from public service at makulong, yung may kaso ng plunder,” Roxas said in a Twitter post.

Roxas’ remark was an apparent response to Enrile’s statement that Roxas and detained Senator Leila de Lima should be “disqualified forever from holding public office” for the mess brought about by the implementing rules and regulations (IRR) they drafted for the Republic Act 10592 or the good conduct time allowance (GCTA) law.

READ: Enrile wants De Lima, Roxas perpetually barred from public office for GCTA mess

Enrile earlier blamed Roxas and De Lima, then Justice Secretary, for the irregularities in the implementation of the law which led to the questionable release of 1,914 heinous crimes convicts since its enactment in 2013.

“They should be disqualified forever from holding public office. Sila ang may kasalanan sila ang gumawa eh the people below them are being guided of what they did,” Enrile said in a media interview at the Senate on Wednesday.

The former lawmaker said the law clearly states that convicts involved in heinous crimes are among those excluded from availing of the early release rule based on good conduct credits.

Enrile said the IRR crafted by De Lima and Roxas, which supposedly added heinous crime convicts as GCTA beneficiaries, was “unconstitutional and void ab initio (from the beginning).”

But according to Roxas, the IRR faithfully reflects the RA 10592 and the Revised Penal Code, stressing that each provision corresponds to specific parts and paragraphs of the statute particularly on exclusion of inmates convicted of heinous crimes.

“Allegations that the IRR has strayed from the law on which it is based are unquestionably unfounded,” Roxas explained in a letter responding to the Ombudsman’s request on the matter.

Roxas cited Rule 4, Section 6 of the law’s IRR on provisional release while under preventive imprisonment, which states that: “Whenever an accused has undergone preventive imprisonment for a period equal to the imposable maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet decided, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review, except for the following: ‘recidivist, habitual delinquent, escapee, person charged with heinous crimes’.”

Enrile, 95, is facing a P172-million plunder charge before the Anti-Graft court in relation to the P10 billion pork barrel scam which involved businesswoman Janet Napoles and other public officials.

He is currently out of prison after the Supreme Court granted him temporary liberty in 2015 for humanitarian reasons.  

Enrile wants De Lima, Roxas perpetually barred from public office for GCTA mess

Robie de Guzman   •   September 18, 2019

Former Interior and Local Government Secretary Mar Roxas and Senator Leila de Lima

MANILA, Philippines – Former Senate President Juan Ponce Enrile on Wednesday said that detained Senator Leila de Lima and former Interior and Local Government Secretary Mar Roxas should be perpetually barred from seeking public office for the alleged confusion created by the implementing rules and regulations (IRR) they crafted for the good conduct time allowance (GCTA) law.

Enrile blamed De Lima and Roxas for the irregularities in the implementation of the law which led to the questionable release of 1,914 heinous crimes convicts.

“They should be disqualified forever from holding public office,” the former lawmaker said when asked by reporters at the Senate about the possible liability of De Lima and Roxas over the mess.

The former senator said the Republic Act 10592, which expanded the GCTA given to inmates, clearly states that convicts involved in heinous crimes are among those excluded from availing of the early release rule based on good conduct credits.

Enrile said the IRR crafted by De Lima and Roxas, which supposedly added heinous crime convicts as GCTA beneficiaries, was “unconstitutional and void ab initio (from the beginning).”

Enrile was the Senate president when the GCTA law was approved in 2013.

“Sila ang may kasalanan sila ang gumawa eh the people below them are being guided by what they did,” he said.

The 95-year old former lawmaker said heinous convicts wrongly released under the GCTA law who continue to refuse to surrender to authorities could now be hunted since they are not supposed to be released in the first place.

President Rodrigo Duterte earlier set a 15-day deadline for these convicts to surrender for investigation and recomputation of their good conduct credits.

The ultimatum, which Duterte issued on Sept. 4, will lapse on Sept. 19 (Thursday).

The president earlier warned GCTA-freed heinous criminals who remain at large will be treated as fugitives from justice if they failed to comply with the order. He also pushed through with his plan to offer P1 million bounty for the capture of each heinous crime convicts.

The Office of the Ombudsman earlier asked De Lima and Roxas to explain or clarify in writing the implementing rules they drafted for the law as part of their ongoing investigation on the matter.

But De Lima said the Ombudsman has no jurisdiction or authority over her as a sitting senator, citing Section 21 of the Ombudsman Act of 1989.

She also said she has no official capacity to reply to the Ombudsman’s query on the GCTA issue as she is no longer the Secretary of Justice.

“[I] would like to clarify that I am no longer the Secretary of Justice. I am now a Senator of the Republic. I cannot in my official capacity as a Senator reply to a query that exclusively pertains to official business of the Department of Justice whose present Secretary is Menardo Guevarra,” De Lima said in a statement.

READ: De Lima says Ombudsman request for explanation on GCTA rules ‘highly irregular’

Guevarra, however, refused to blame any body about the mess, saying they already revised the law’s implementing rules to specifically state who among the convicts are ineligible from availing GCTA grants.

“We at the DOJ won’t dwell on things that had come to pass, much less waste our time on an unproductive blame game. The revised IRR reflects our best interpretation of RA 10592 as it was actually crafted, finalized, and signed,” he said in a statement. – RRD (with details from Correspondent Grace Casin)

Cam recommends transfer of STL operations to Pagcor

Maris Federez   •   August 26, 2019

PCSO board member Sandra Cam

Philippine Charity Sweepstakes Office (PCSO) board member Sandra Cam believes that corruption in the Small Town Lottery (STL) in the country has not stopped despite President Rodrigo Duterte’s order to lift the suspension of its operation under certain conditions.

“It’s just like a legalized jueteng,” Cam said.  

This prompted the official to recommend the transfer of the operation of STL to the Philippine Amusement and Gaming Corporation (Pagcor).

She added that it is still safe to just have the lotto operation remain under the PCSO to help rid the agency of corruption.

 “Ibigay na lang sa PAGCOR because gambling naman talaga ang PAGCOR and STL is a gambling [Give the STL to Pagcor because it is really gambling],” Cam added.

Cam also said that she is ready to name the high-ranking officials who are also members of the PCSO board of directors who are involved in corruption in the agency on Tuesday’s scheduled Congressional hearing.

Cam insists that some former officials of the PCSO were also involved in the corruption in the STL operation.

She added that several generals were given permits to operate STL even if they did not pay cash bonds to PCSO.

“I’m not against the military. I’m not against the PNP. I have a lot of friends there. But I don’t like the way the mistahs of General Corpuz and General Balutan na parang ginawa nila, ang PCSO is a private company [who seemed to have made PCSO a private company],” Cam said.

Meanwhile, Cam said that she is also ready to undergo the lifestyle check that the Presidential Anti-Corruption Commission (PACC) will conduct to all PCSO board members brought about by the corruption allegations.

“Ang masasabi ko doon sa mga critics ko [All I can say to my critics is] that I have a 500 million (worth) resort, you can go — I will invite you for free. You check out my place, it’s just a kubo [nipa hut]. Ang aming mga houses doon, cottages are made of kubo [Our houses, cottages there are made of nipa hut],” she added.

Cam further said that she is willing to resign if the corruption issues inside the PCSO will not be resolved within three to four months. (from the report of Harlene Delgado) /mbmf

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