Wednesday, December 22, 2010

Tax informers are entitled to 10 percent or P1 million, whichever is lower

Based on a DOJ opinion, tax informers are entitled to 10 percent or P1 million, whichever is lower.


Tax informer cries plunder, says he is entitled to P1B reward
By Leila B. Salaverria
Philippine Daily Inquirer
First Posted 19:46:00 12/17/2010

MANILA, Philippines—Failing to get what he believed was a P1.13 billion reward due him, a tax informer filed plunder charges against Justice Secretary Leila de Lima and Bureau of Internal Revenue officials led by Commissioner Kim Henares on Friday.

Danilo Lihaylihay, who earlier also claimed that he was entitled to P11.875 trillion in partial claims for helping the recovery of the Marcoses' ill-gotten wealth, said De Lima and Henares had refused to give him the reward and thus unjustly enriched themselves or the state at his expense.

Lihaylihay said he was entitled to P1.13 billion because the reward was supposed to amount to 25 percent of the amount he had helped recover.

Henares earlier said that informants should get 10 percent or P1 million, whichever is lower.

In the complaint he filed at the Office of the Ombudsman, Lihaylihay said that he had written the BIR earlier this year asking for his reward for acting as informant in tax cases where the government was able to collect the amounts due to it. He said that under the law, he was entitled to 25 percent of the recovered amount.

But he said that despite his letters to the BIR, which passed through several officials and which was backed by a referral from the Office of the President, his demand has not been met.

He said that the BIR officials, instead of giving him his money, “illegally connived” with De Lima and caused the publication of a new DOJ opinion that revoked the ruling of former Justice Secretary Raul Gonzalez saying that the reward should be 25 percent of the recovered amount.

With this DOJ opinion, the DOJ and the BIR officials misappropriated or malversed his money, Lihaylihay said.

“All public respondents illegally confederated with one another in robbing-off herein complainant's P1.130-B trust/reward monies and/or amassing, accumulating, or acquiring ill-gotten wealth through conversion, misappropriation or malversation of public trust funds (informer's reward monies), by the issuance and/or implementation of DOJ Opinion No. 48,” he said.

He added that the officials had taken advantage of their official positions, authority, connections and influence to unjustly enrich themselves or the state, to his detriment.

Damage suit for wrongful detention

Person wrongfully jailed by police due to mistaken identity may file damage suit against arresting officers

Cops ask court to dismiss P470-M damage suit
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 15:04:00 12/14/2010

MANILA, Philippines—A police officer facing a P470-million suit for arresting a man mistaken for a terrorist has asked a Quezon City court to junk the case as the plaintiff was unable to pay the hefty filing fee.

Superintendent Roger James Brillantes sought the dismissal of the case against him and five other members of the Philippine National Police filed by Allan Almoite, a man he arrested in 2006.

The police officer said Almoite, who is seeking the court’s authority for him to litigate as an indigent so that he can be exempted from paying the filing fee, does not fall under the definition of an indigent.

The undocketed civil case was raffled off last week to Regional Trial Court Branch 97 presided over by Judge Bernelito Fernandez.

Brillantes said Almoite has been a physical therapist since 1994 and that since Almoite is gainfully employed, he should be required to pay the filing fee, which could amount to P20 million.

Almoite had lodged the P470-million damage suit against the PNP, Brillantes, Inspector Arnulfo Franco, Inspector Dante Yang, PO2 Reynaldo Yap, PO3 Peter Paul Pablico and PO3 Noel Fabia.

The plaintiff is seeking P500,000 for each of the 940 days that he was wrongfully jailed under Section 50 of the 2007 Human Security Act.

Almoite said he was a victim of mistaken identity as he said he was not the man indicated in the warrant used by Brillantes to arrest him.

Almoite was charged with violating Presidential Decree 1866 or illegal possession of explosives in a Valenzuela City court after his arrest by Brillantes' team in 2006.

In 2008, the Valenzuela court granted his demurrer to evidence and junked the case against him, noting that the arrest warrant specified a certain “Ali” and not Almoite himself.


Source:http://newsinfo.inquirer.net/breakingnews/metro/view/20101214-308921/Cops-ask-court-to-dismiss-P470-M-damage-suit

SC acquits Hubert Webb, 6 others in Vizconde massacre case

Webb, et al ordered released as soon as possible

By Tetch Torres INQUIRER.net First Posted 11:34:00 12/14/2010

MANILA, Philippines—(UPDATE 4) The Supreme Court today acquitted former senator’s son Hubert Webb and six others in connection with the celebrated Vizconde massacre case.

“The prosecution failed to prove beyond reasonable doubt the guilt of the accused,” court administrator and spokesman Jose Midas Marquez said.

Marquez said seven justices who voted for the acquittal are questioning the quality of the prosecution’s main witness.

“Jessica Alfaro is an NBI (National Bureau of Investigation) agent, not really an eye witness,” Marquez said.

“There were also suspicious details showing inherent inconsistencies, all corroboration cannot be relied on…In all, there is reasonable and lingering doubt on the guilt of the accused,” Marquez said.

Aside from Webb, the high court also acquitted Antonio Lejano II, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Hospicio “Pyke” Fernandez.

Marquez said Joey Filart and Artemio Ventura who were never arrested and have been at large are not part of the acquittal.

“No proceedings were held against them,” Marquez said.

The high court ordered the Bureau of Corrections (BuCor) to release all the accused as soon as possible.

He added that Biong, who was convicted as an accessory to the crime, is also acquitted because he was specifically pointed by the government witness as the one who allegedly covered the tracks of Webb’s group.

No motion for reconsideration can be filed.

"No MR can be filed otherwise it is tantamount to double jeopardy."

Webb, who is the son of former senator Freddie Webb, Lejano, Gatchalian, Rodriguez, Estrada, and Fernandez were convicted for the 1991 murders.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101214-308897/SC-acquits-Hubert-Webb-6-others-in-Vizconde-massacre-case

Case vs Hayden Kho dismissed

Now aiming to get medical license back

By Karen Boncocan INQUIRER.net First Posted 15:53:00 12/14/2010

MANILA, Philippines—Hayden Kho is now a free man.

Kho's criminal case for violation of R.A. 9262 (Anti-Violence Against Women and their Children Act of 2004 or "VAWC") was dismissed for insufficiency of evidence Tuesday morning by Hon. Judge Rodolfo Bonifacio of Branch 159 of the Regional Trial Court of Pasig City. The judge granted a Demurrer to Evidence previously filed by Kho.

Kho was accused by actress Katrina Halili of videotaping a sexual encounter without her consent and distributing the video through the internet, accusations Judge Bonifacio deemed lacking in evidence.

Halili's side, according to Kho's lawyer Attorney Lorna Capunan, had no evidence to support their accusation that Kho uploaded the video on the internet. Capunan added that ocular inspection made by the court showed that the video camera was in plain sight, "situated in an open and unconcealed place which cannot escape unnoticed," and that the video camera was "visible to both of them."

The court stated that taking of a sex video without the consent and knowledge of the partner is "not yet a violation of Republic Act 9262," and that it only becomes a crime once it "causes substantial emotional or psychological distress to the woman." Dr. Papa, psychiatrist of the National Bureau of Investigation, testified in court that Halili's distress was the uploading of the video and not the act of taking the sex video.

"I went through hell... it was a very difficult two years," said Kho, adding that he felt "so defeated" after being hounded by insults after videos of his sexual encounters with two actresses were uploaded on the internet.

"I am going to rebuild my life," he stated, saying that he remains hopeful that he can still get his medical license back so he can resume practice.

"I'm sorry this happened," was the message Kho sent out, and said that he would like to personally talk to her after all that has happened.

Irene Kho, Hayden's mother, said the dismissal was an answer to the many prayers of supporters, friends and family.

Capunan stated that since the start of the case it had never been about gender but of respect for privacy. The lawyer added that they were surprised with the decision, having been only ready to request for the postponement of Kho's presentation of evidence.

There is still the issue on who was behind the dissemination of the sex videos, said Capunan. She stated that further investigation by NBI is needed to find the perpetrator.

"I have no energy to go after (the people who distributed the video)... I just want to move on," said Kho, whose focus is now on getting his medical license back.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101214-308922/Case-vs-Hayden-Kho-dismissed

Reparation bill for ‘wrongly jailed individuals’ filed in Senate

By Maila Ager INQUIRER.net First Posted 14:21:00 12/15/2010

MANILA, Philippines – A bill providing reparation to “wrongly jailed individuals” has been filed at the Senate.

Senate Bill 432 filed by Senator Jose “Jinggoy” Estrada was released to the media on Wednesday, a day after the Supreme Court acquitted Hubert Webb, who had been jailed for 15 years in connection with the celebrated Vizconde massacre.

The bill stipulates that “any person who may have suffered penalty, criminally through conviction but subsequently judicially declared as erroneous, shall heretofore be compensated and be entitled to reparation as herein provided.”

Monetary compensation for damages for wrong imprisonment suffered, the bill said, should not exceed twice the amount of income in the year prior to his/her arrest.

“An additional amount of equivalent to one-fourth of one percent of the docket fees required for the filing of actions in court, both criminal and civil, shall be paid as contribution to the Assurance Fund,” it added.

Estrada noted that the justice system is depicted by the blindfolded woman holding the scale supposedly symbolizing the impartiality, equality and integrity that should comprise the manner justice system is served.

“But it is, likewise, clear such symbol characterized the approximation that the system, at best, exerts to go nearest to true injustice. Thus, in reality, the justice system is far from perfect,” he said in his explanatory noted of the bill.

“There will always be mistakes in its administration. And therefore, it is incumbent upon the state to make sure that discovery of errors in the justice it stands for be corrected,” Estrada added.


source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309119/Reparation-bill-for-wrongly-jailed-individuals-filed-in-Senate

Columnist Jarius Bondoc named BOD member of sequestered company

By Norman Bordadora
Philippine Daily Inquirer
First Posted 15:32:00 12/15/2010

MANILA, Philippines—President Benigno Aquino III has appointed NBN-ZTE scandal witness Jarius Bondoc as a member of the board of directors of a sequestered company.

Bondoc, a columnist for the Philippine Star, was appointed as one of the directors of the Independent Realty Corp., a firm under the control of the Presidential Commission on Good Government, deputy presidential spokesperson Abigail Valte announced in MalacaƱang.

Bondoc's appointment was one of several Valte announced on Wednesday afternoon


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309122/Columnist-named-BOD-member-of-sequestered-company

Administrative complaint readied vs judge in Vizconde massacre

By Tetch Torres
INQUIRER.net
First Posted 16:53:00 12/15/2010

MANILA, Philippines – An administrative complaint is being readied against the judge that convicted Hubert Webb and 6 others in connection with the Vizconde massacre case, a lawyer said.

Jose Flaminiano, counsel for Hospicio “Pyke” Fernandez and recently Gerardo Biong, said Paranaque regional trial court Judge now Court of Appeals Associate Justice Amelita Tolentino should be held administratively liable for plagiarism.

“If you will compare her decision with that of the memorandum submitted by the prosecution, clearly, it was plagiarized. No proper attribution,” Flaminiano said.

He explained that while judges would use as basis the memorandum submitted by the parties in crafting out its decision, the same should be indicated in the decision.

“We have already raised that years ago but no action was taken,” Flaminiano said.

“Did she made her own evaluation of the evidence presented then? There was massive plagiarism committed on her decision. We cannot let this pass. She does not deserve to be a Court of Appeals Justice,” Flaminiano said.

Flaminiano said he and counsels of the others recently acquitted by the high court would meet Saturday to finalize their steps.

They are also considering filing criminal case against star witness Jessica Alfaro as well as the National Bureau of Investigation, private and public prosecutors.

"Our priority is the case against Alfaro and Justice Tolentino," Flaminiano said.

Tolentino is the judge who handed down the verdict against Webb and 6 others

Tolentino is currently on leave.


Source: http://newsinfo.inquirer.net/breakingnews/nation/view/20101215-309131/Administrative-complaint-readied-vs-judge-in-Vizconde-massacre

CA temporarily stops ABS-CBN’s infringement case vs Revillame

By Nancy C. Carvajal
Philippine Daily Inquirer
First Posted 19:24:00 12/21/2010

MANILA, Philippines—The Court of Appeals has ordered a Makati Regional Trial Court to stop conducting hearings on the petition for a temporary restraining order (TRO) being sought by television network ABS-CBN against former “Wowowee” host Willie Revillame.

According to ABC 5 lawyer Ferdinand Domingo, the appellate court granted the petition for a TRO filed by ABC Development Corp. (TV5) and its president, Ray C. Espinosa, against Judge Joselito C. Villarosa, presiding judge of the Makati City Regional Trial Court Branch 66.

“The TRO enjoins the Makati Regional Trial Court from conducting further proceedings on the TRO application by ABS-CBN on Civil Case No. 10-1155,” Domingo said.

Revillame moved to TV5 earlier this year after he and ABS-CBN had a falling out. He is the host of the network’s new primetime game show, “Willing Willie.”

Domingo said the decision was contained in the December 17 resolution of the appellate court’s Fourth Division headed by Associate Justice Josefina Guevara-Salonga with Associate Justices Franchito N. Diamante and Mariflor Punzalan Castillo as members.

Earlier, ABS-CBN filed a copyright infringement case against Revillame before the Makati RTC. It accused him of copying the format of “Wowowee” in “Willing Willie.”

In response, TV5 asked the appellate court to issue a TRO to stop the lower court from hearing the case against Revillame.


Domingo, however, said the court required TV5 to post a cash bond worth P102,400,000 “to answer for any and all damages which private respondent (ABS-CBN) may suffer or sustain, by reason of the temporary restraining order, should this court finally decide that the petitioners are not entitled thereto.”

SOURCE: http://showbizandstyle.inquirer.net/entertainment/entertainment/view/20101221-310255/CA-temporarily-stops-ABS-CBNs-infringement-case-vs-Revillame

Laslas bag modus operandi

Christmas season triggers a lot of activities in many people. One of which among the evil minded is the laslas bag modus operandi prevalent especially in jeepneys and buses. While gang members do it whole year round, frequency escalates during holiday season both because of financial need of the culprits and the increase of income of the public.

The malefactor
Generally they do it in tandem or trio. One is the executor while the others serve as a distractor, look out or back up just in case the job is foiled by the target or by anybody and attempts to apprehend or confront them. Greedy ones may operate singly though.

The victim
Anybody who carries a bag may be the target. They do not have a specific profile of their prospective victims. I’ve heard stories and seen people who do not look like moneyed people but fell victim nonetheless. For as long as you fall to their set up, you become the prey.

Sometimes, they are pre-positioned inside the jeep according to their set up. Other times they scout passing vehicles from the outside and identify those they can easily set up.

In one of my experiences, the culprits are already inside the jeep and placed themselves in such a way that upon boarding, we will sit between them. They managed to cut my gf’s bag but failed to take the wallet.

The distractor
This guy’s role is to distract the target victim by any means in order get his attention away from his bag while being slashed by the executor. They may talk loudly or annoy the victim by frequent moving of their limbs, or any other means just to make sure you move your attention away from your belongings. In my experience, the person acted like a feeble-minded.

He is either beside the victim or in front of him. If he is beside the victim, he makes sure the victim does not move away from the distractor.

The executor sometimes performs this act. In one instance, the executor had this terrible underarm odor that the victim literally tilted her head away from him, and he himself successfully slashed the bag.

The tools
The bag is cut or slashed by using a small razor sharp blade. The act of cutting the bag is concealed by using a large bag enough to cover the hand of the executor. So be wary when the one sitting beside you has a bag on his lap. I saw one using a travelling bag. But others use smaller bags.

When do they operate?
They do it at any time of the day whether in broad daylight or nighttime.

TIPS to avoid being a victim of laslas gang:
Do not sit in between guys especially those with large bags.
Make sure both hands of your seatmates are visible. If one is not, beware.
Watch out when a person transfers beside you.
Do not place you bag parallel to your body; but rather perpendicularly.
Sit near the driver.

Friday, December 17, 2010

PAO to file motion for reconsideration over Webb et al

DZIQ: PAO to file motion for reconsideration over Webb et al. acquittal

By Don Lejano
INQUIRER.net
First Posted 20:14:00 12/16/2010

MANILA, Philippines – Public Attorney’s Office chief Persida Acosta said Thursday that they would be filing a motion for reconsideration before the Supreme Court following its decision to acquit Hubert Webb and six others in the killing of three members of Lauro Vizconde’s family.

In a Radyo Inquirer interview, Acosta said that Vizconde, whose wife Estrellita and daughters Carmela and Jennifer were murdered in 1991, sought PAO’s help to study the legal remedies that could convince the high court to reconsider its decision.

“Lauro Vizconde does not have any income anymore… he is not connected to the government or any private entity so I could not say no to him,” Acosta told Willy Matawaran, host of Radyo Inquirer’s “Kumpadres.” She cited Republic Act 9406 as the reason for PAO’s decision to accept Vizconde as a client.

The PAO provides the underprivileged members of the society free access to courts by rendering legal services to ensure the rule of law.

Acosta also clarified the misconception that Vizconde could no longer appeal the high tribunal ruling, saying in Filipino that “this is still possible for as long as the Supreme Court has not ruled against the filing of a motion for reconsideration.”

Acosta said the points that they would want to raise would be the arguments for reconsideration and for the justices to take a second look at the case.


FROM: http://newsinfo.inquirer.net/breakingnews/nation/view/20101216-309343/DZIQ-PAO-to-file-motion-for-reconsideration-over-Webb-et-al-acquittal

SC remands AGP case to HRET

The Supreme Court remanded to the House of Representatives Electoral Tribunal (HRET) the petition for disqualification filed by Akbayan Partylist against Ang Galing Pinoy (AGP) partylist representative Juan Miguel “Mikey” Arroyo because Arroyo has already been proclaimed and taken his oath of office as a member of the House of Representatives. That being the case, the HRET now has the proper jurisdiction over the case.

Wednesday, December 15, 2010

Hubert Webb case

The SC reversed the ruling of the CA affirming the trial courts decision finding Hubert Webb et al guilty of rape with homicide committed against the wife and children of Lauro Vizconde in 1991. As a result, Webb and company were released from prison (within just 2 hours from the SC announcement). The processing normally takes days or weeks. This what happens when you’re from a well-known family.

Why were they acquitted?

Because of the inconsistencies in the testimony of the Witnesses.

Who then is the culprit?

Acquittal does not mean innocence. The law requires that an accused must be proven to be guilty beyond reasonable doubt. Thus, while the accused may be guilty, but if the prosecution failed to show through its pieces of evidence that the guilt of the accused is beyond reasonable doubt, then the accused may go scot free.

In this case, there are inconsistencies on the testimonies of the witnesses especially that of primary witness Jessica Alfaro. These all placed a reasonable doubt on the supposed guilt of the accused.

Webb et al may or may not be the perpetrators, or only some of them, or it may be other person/s.

What's next?

The DOJ may reopen the case and conduct new investigation. PAO Chief Acosta plans to file a motion for reconsideration with the SC after Mr. Vizconde sought the Office's help, the latter now being considered underprivileged for having no source of income.

Acosta is of the view that such motion is possible for as long as the the SC has not ruled against the filing thereof.