SB-16-CRM-1276-1285 People Vs Crispina Vega Salumbre

Total Page:16

File Type:pdf, Size:1020Kb

SB-16-CRM-1276-1285 People Vs Crispina Vega Salumbre xoMS REPUBLIC OF THE PHILIPPINES QUEZON CITY SEVENTH DIVISION PEOPLE OF THE PHBLEPPINES, Crim. Case No. SB-16-CRM-1276 Plaintiff, to 1278 For: Violation of Sec. 7 of - versus - Republic Act No. 3019, as amended CRISPEVA VEGA SALUMBRE, Accused, -X PEOPLE OF THE PHELffPINES, Crim. Case No. SB-16-CRM- Plaintiff, 1279 to 1281 and 1283 to 1285 For: Violation of Sec. 8(A) of - versus - Republic Act No. 6713 CRISPINA VEGA SALUMBRE, Accused, X- PEOPLE OF THE PHILIPPINES, Crim. Case No. SB-16-CRM-1282 Plaintiff, For: Violation of Sec. 8 of Republic Act No. 6713 - versus - CRISPINA VEGA SALUMBRE, Present: Accused, Gomez-Estoesta, J., Chairperson^ Trespeses, J. and Hidalgo, J. Promulgated: X- -X 'J People V. Crispina Vega Salumbre. Crim. Case No. SB-16-CRM-1276 to 1285 Page 2 of54 DECISION TRESPESES,/.: Accused Crispina Vega Salumbre has been charged under ten (10) separate Informations, to wit: three Informations for violation of Sec. 7 of Republic Act No. 3019, as amended; one Information for Violation of Sec. 8 of Republic Act No. 6713, and six Informations for Violation of Sec. 8(A)of Republic Act No. 6713. Proceedings Before the Sandiganbayan On 6 December 2016, the Informations were filed with the Sandiganbayan by the Office ofthe Ombudsman, which reads: I. For Violation ofSec, 7 ofR.A, No. 3019 Crim. Case No. SB-16-CRM-1276 That on April 30,2000, or sometime prior or subsequent thereto, in the City ofPasig, Metro Manila,Philippines, and within the jurisdiction of this Honorable Court, accused CRISPINA VEGA SALUMBRE, a public officer, being then the City Treasurer of Pasig and, as such, required by law to file her sworn Statement of Assets, Liabilities and Networth (SALN), while in the performance of her official function and committing the offense in relation to her office, did then and there willfully, unlawfully and criminally fail to file the required SALN for the Calendar Year 1999 declaring her true detailed assets, liabilities and networth as of December 31.1999. CONTRARY TO LAW. Crim. Case No. SB-16-CRM-1277 That on April 30,2001, or sometime prior or subsequent thereto, in the City ofPasig, Metro Manila,Philippines, and within the jurisdiction of this Honorable Court, accused CRISPINA VEGA SALUMBRE, a public officer, being then the City Treasurer of Pasig and, as such, required by law to file her sworn Statement of Assets, Liabilities and Networdi (SALN), while in the performance of her official function and committing the offense in relation to her office, did then and there willfully, unlawfully and criminally fail to file the required SALN for the Calendar Year 2000 declaring her true detailed assets, liabilities and networth as of December 31.2000. CONTRARY TO LAW. f People V. Crispina Vega Salumbre. Crim. Case No. SB-16-CRM-1276to 1285 Page 3 of54 X X Crim. Case No. SB-16-CRM-1278 That on April 30, 2002, or sometime prior or subsequent thereto, in the City ofPasig, Metro Manila,Philippines, and within the jurisdiction of this Honorable Court, accused CRISPINA VEGA SALUMBRE, a public officer, being then the City Treasurer ofPasig and, as such,required by law to file her sworn Statement of Assets, Liabilities and Networth (SALN), while in the performance of her official function and committing Ae offense in relation to her office, did then and there willfully, unlawfully and criminally fail to file the required SALN for the Calendar Year 2001 declaring her true detailed assets, liabilities and networth as of December 31,2001. CONTRARY TO LAW. II. For Violation ofSec, 8 of Republic Act No, 6713 Crim. Case No. SB-16-CRM-1282 That on April 30,2006, or sometime prior or subsequent thereto, in the City ofPasig, Metro Manila,Philippines, and within the jurisdiction of this Honorable Court, accused CRISPfi^A VEGA SALUMBRE,a public officer, being then the City Treasurer of Pasig and, as such, required by law to file her sworn Statement of Assets, Liabilities and Networfii (SALN),while in the performance of her official function and committing the offense in relation to her office, did then and there willfully, unlawfully and criminally fail to file the required SALN as of December 31, 2005 declaring her true detailed assets, liabilities and networth and disclosing her business interests and financial connections including those of her spouse and unmarried children under eighteen (18) years of age living in her household. CONTRAR Y TO LAW. in. For Violation of Sec, 8(A) of Republic Act No, 6713 Crim. Case No. SB-i6-CRM-1279 That on January 7, 2003, or sometime prior or subsequent thereto, in the City ofPasig, Metro Manila,Philippines, and vrithin the jurisdiction of this Honorable Court, accused CRISPINA VEGA SALUMBRE, a public officer, being then the City Treasurer ofPasig and,as such, required by law to file her sworn Statement of Assets, Liabilities and Networth (SALN), while in the performance of her official function and committing the offense in relation to her office, did then and there willfully, unlawfully and criminally fail to declare in her sworn SALN as ofDecember 31,2002 the following real and personal properties, namely: People V. Crispina Vega Salumbre. Crim. Case No. SB-16-CRM-1276 to 1285 Page 4 of54 X 1. Lot in Barangay San Miguel covered by TCT No. PT-108973, 2. Lot in Barangay San Miguel covered by TCT No. PT-108975, 3. Lot in Pinagbuhatan, Pasig City covered by TCT No. PT-113692, 4. Kia Picanto with Plate No.ZCF 899 5. Ford Escape with Plate No.ZDY 306 6. Mitsubishi L-300 with Plate No. UNW 877, and her business and financial interest as incorporator in: 1. The Integrated Manpower Resources, Inc., and 2. Potassium, Inc., and erroneously declare as acquisition cost. Six Hundred Fifty Thousand Pesos (P650,000.00) for her house and lot in Suarezville, Pinagbuhatan, Pasig, and Two Hundred Thousand Pesos(P200,000.00) for her apartment house and lot in Purok, Rizal, instead of Thirty-Three Thousand Six Hundred Pesos (P33,600.00) and Twenty-Five Thousand Pesos (P25,000.00), respectively, thereby causing damage and prejudice to public interest. CONTRAR Y TO LAW. Crim. Case Nos. SB-16-CRM-1280 to 1281 and 1283 to 1285 They are similarly worded as the Information in Crim. Case No. SB-16- CRM-1279 above-quoted and only differ in the dates ofthe commission ofthe offense, as shown below: • Case Number Date ofCommission ofOffense SB-16-CRM-1280 June 29,2004(for SALN as of December 31,2003) SB-16-CRM-1281 March 28,2005 (for SALN as of December 31,2004) SB-16-CRM-1283 April 30,2007(for SALN as of December 31,2006) SB-16-CRM-1284 June 23,2008 (for SALN as of December 31,2007) SB-16-CRM-1285 June 9,2009(for SALN as of December 31,2008) On 13 December 2016, a Hold Departure Order^ was issued against accused. After an assessment ofthe records in these cases, the Court issued a Minute Resolution dated 14 December 2016^ finding the existence ofprobable ^ Records, Vol. 1, p. 288. ^ 2 Id. at 291. ^ 1 People V. Crispina Vega Salumbre. Crim. Case No. SB-16-CRM-1276 to 1285 Page 5 of54 X X cause for the issuance of a warrant of arrest against accused.^ On 10 January 2017, accused posted reduced cash bond"^ for her provisional liberty.^ Accused filed a Motion to Quash^ to which the prosecution filed its Opposition.^ On 3 March 2017, her Motion was denied for lack of merit.^ Thereafter, accused filed a Motion for Reconsideration,^ which was likewise denied in a Minute Resolution dated 2 May 2017.^® On 8 May 2017, accused filed a Motion to Dismiss^ ^ whereas the prosecution filed its Opposition on 12 May 2017. In the Minute Resolution dated 19 May 2017, ^e Court denied the Motion to Dismiss for lack of merit. During the scheduled arraignment on 22 May 2017, accused and her counsel failed to appear despite notice. Instead, a medical certificate was submitted through a representative but it does not bear a dry seal from the hospital. Thus, the cash bond posted by accused was forfeited in favor of the government and a warrant of arrest was again issued against her.^^ Consequently, the arraignment was reset to 7 June 2017. Meanwhile accused filed an Urgent Ex Parte Motion to Lift Warrant of Arrest. On 7 June 2017,the Court granted accused's ex parte motion and the cash bond she posted was reinstated. On even date, accused was arraigned and pleaded Not Guilty to the charges. During the pre-trial conference, the parties stipulated on the following: 1. Identity of accused Crispina Vega Salumbre as the same person who is the accused in these criminal cases; 2. That accused Crispina Vega Salumbre is a public officer, or the City Treasurer, City of Pasig, at the time material to these cases enumerated as stated in the Information: • For Crim. Case No. SB-16-CRM-1276- on April 30,2000; • For Crim. Case No. SB-16-CRM-1277- on April 30,2001; • For Crim. Case No. SB-16-CRM-1278- on April 30,2002; • For Crim. Case No. SB-16-CRM-1279- on January 7,2003; • For Crim. Case No. SB-16-CRM-1280- on June 29,2004; ^ Records, Vol. 1, p. 292-294. ^ Id. at 319(O.R. No. 7381979 dated 10 January 2011 in the amount ofP41,000.00). Md.at320. ® Id. at 344-350. Md. at 358-366. «Id. at 370-374. ''Id. at 380-389. '0 Id. at 400-404. "Id. at 406-409. '2 Id.
Recommended publications
  • Philippines's Constitution of 1987
    PDF generated: 26 Aug 2021, 16:44 constituteproject.org Philippines's Constitution of 1987 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:44 Table of contents Preamble . 3 ARTICLE I: NATIONAL TERRITORY . 3 ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES . 3 ARTICLE III: BILL OF RIGHTS . 6 ARTICLE IV: CITIZENSHIP . 9 ARTICLE V: SUFFRAGE . 10 ARTICLE VI: LEGISLATIVE DEPARTMENT . 10 ARTICLE VII: EXECUTIVE DEPARTMENT . 17 ARTICLE VIII: JUDICIAL DEPARTMENT . 22 ARTICLE IX: CONSTITUTIONAL COMMISSIONS . 26 A. COMMON PROVISIONS . 26 B. THE CIVIL SERVICE COMMISSION . 28 C. THE COMMISSION ON ELECTIONS . 29 D. THE COMMISSION ON AUDIT . 32 ARTICLE X: LOCAL GOVERNMENT . 33 ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS . 37 ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY . 41 ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS . 45 ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS . 49 ARTICLE XV: THE FAMILY . 53 ARTICLE XVI: GENERAL PROVISIONS . 54 ARTICLE XVII: AMENDMENTS OR REVISIONS . 56 ARTICLE XVIII: TRANSITORY PROVISIONS . 57 Philippines 1987 Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:44 • Source of constitutional authority • General guarantee of equality Preamble • God or other deities • Motives for writing constitution • Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
    [Show full text]
  • Sandiganbayan Quezon City
    REPUBLIC OF THE PHILIPPINES Sandiganbayan Quezon City SIXTH DIVISION PEOPLE OF THE PHILIPPINES, SB-16-CRM-0334 Plaintiff, For: Violation of Section 7(d) of R.A. No. 6713 SB-16-CRM-0335 For: Direct Bribery - versus - Present: FERNANDEZ, SJ, JL, ANGELITO DURAN SACLOLO, JR., Chairperson BT AL. MIRANDA, J". and Accused. VIVERO, J. Promulgated: J tf X- -X DECISION FERNANDEZ, SJ, J. Accused Angelito Duran Saclolo, Jr. and Alfredo G. Ortaleza stand charged for violation of Article 210 of the Revised Penal Code^ and of Section 7(d) of R.A. No. 6713,2 for demanding and accepting the amount of PhP300,000.00 / from Ma. Linda Moya of Richworld Aire and Technologie&V 'Republic Act No. 3815 2 Code ofConduct and Ethical Standardsfor Public Officials and Employees, Februaiy 20, 1989 DECISION People vs. Saclolo et at. Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 2 of63 X X Corporation (Richworld), in consideration for the immediate passage of a Sangguniang Panlungsod Resolution authorizing the construction of Globe Telecoms cell sites in Cabanatuan City. The Information in SB'16-CRM'0334 reads: For: Violation ofR.A. No. 6713, Sec. 7(d) That on April 10, 2013 or sometime prior or subsequent thereto, in the City of Cabanatuan, Nueva Ecija, Philippines and within the jurisdiction of this Honorable Court, the accused, Angelito Duran Saclolo, Jr. and Alfredo Garcia Ortaleza, both public officers, being then a Member of the Sangguniang Panlungsod and concurrent Chairman of the Committee on Transportation and Communications and Secretaiy to the Sangguniang Panlungsod, respectively, of Cabanatuan City, Nueva Ecija, while in the performance of their official functions, committing the offense in relation to their office and taking advantage of their official positions, conspiring and confederating with one another, did then and there willfully, unlawfully and criminally accept the amount of Three Hundred Thousand Pesos (P300,000.00) from Ma.
    [Show full text]
  • Legal and Constitutional Disputes and the Philippine Economy
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Sicat, Gerardo P. Working Paper Legal and constitutional disputes and the Philippine economy UPSE Discussion Paper, No. 2007,03 Provided in Cooperation with: University of the Philippines School of Economics (UPSE) Suggested Citation: Sicat, Gerardo P. (2007) : Legal and constitutional disputes and the Philippine economy, UPSE Discussion Paper, No. 2007,03, University of the Philippines, School of Economics (UPSE), Quezon City This Version is available at: http://hdl.handle.net/10419/46621 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu Legal and Constitutional Disputes and the Philippine Economy By Gerardo P. Sicat∗ Abstract 0 I. Introduction..........................................................................................................1 II. The Constitutional framework of Philippine economic development policy since 1935 3 III.
    [Show full text]
  • Rule on Access to Information About the Sandiganbayan
    • .\, ABOUT THE SANDIGANBAYAN " :J:. Sandiqanbayan Centennial Building Commonwealth Avenue corner ~ ~ ;".. Batasan Road, Quezon City 1100 • Webslte sb judiciary gov ph • ...• Email: info sb uoiciary ov ph • Telefax 9514582 ~/ ,~ -/ ," "',,1 :\ G \' WHEREAS, pursuant to Section 28, Article 11of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law; WHEREAS, Section 7, Article III of the 1987 Constitution guarantees the right of the people to information on matters of public concern. Access to official records, and documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law; WHEREAS, the Judiciary has always maintained the principle of transparency and accountability in the court system, and full disclosure of its affairs pursuant to the aforesaid constitutional provision; WHEREAS, the Supreme Court promulgated resolutions defining the people's right to information, setting forth the extent thereof and explaining its limitations (on account of privilege and confidentiality) regarding matters and concerns affecting the operation of the Judiciary, its officers and employees; WHEREFORE, the Sandiganbayan hereby adopts and promulgates the followingRule on Access to Information: TITLEI .:.Preliminary Matters .:. Section 1. TITLE.- This set of rules shall be known and cited as "The Rule on Access to Information," hereinafter referred to as "Rule." Section 2. PURPOSE. - The Rule seeks to provide the guidelines, processes and procedures by which the Sandiganbayan shall deal with requests for access to information, as defined in this Rule, received pursuant to Section 7, Article III of the 1987 Constitution.
    [Show full text]
  • Philippines, March 2006
    Library of Congress – Federal Research Division Country Profile: Philippines, March 2006 COUNTRY PROFILE: PHILIPPINES March 2006 COUNTRY Formal Name: Republic of the Philippines (Republika ng Pilipinas). Short Form: Philippines (Pilipinas). Term for Citizen(s): Filipino(s). Capital: Manila. Click to Enlarge Image Major Cities: Located on Luzon Island, Metropolitan Manila, including the adjacent Quezon City and surrounding suburbs, is the largest city in the Philippines, with about 12 million people, or nearly 14 percent of the total population. Other large cities include Cebu City on Cebu Island and Davao City on Mindanao Island. Independence: The Philippines attained independence from Spain on June 12, 1898, and from the United States on July 4, 1946. Public Holidays: New Year’s Day (January 1), Holy Thursday (also called Maundy Thursday, movable date in March or April), Good Friday (movable date in March or April), Araw ng Kagitingan (Day of Valor, commonly called Bataan Day outside of the Philippines, April 9), Labor Day (May 1), Independence Day (June 12), National Heroes Day (last Sunday of August), Bonifacio Day (celebration of the birthday of Andres Bonifacio, November 30), Eid al Fitr (the last day of Ramadan, movable date), Christmas Day (December 25), Rizal Day (the date of the execution by the Spanish of José Rizal in 1896, December 30). Flag: The flag of the Philippines has two equal horizontal bands of blue (top) and red with a white equilateral triangle based on the hoist side; in the center of the triangle is a yellow sun with eight primary rays (each containing three individual rays), and in each corner of the triangle is Click to Enlarge Image a small yellow five-pointed star.
    [Show full text]
  • SB-16-CRM-1242 to 1263 People Vs. Rodrigo Miaga Wenceslao, Et
    tr lri':.,] E REPUBLIC OF THE PHILIPPINES SANDIGANBAYAN Quezon City THIRD DIVISION PDOPLE OI. THE PIIILIPPINES, Criminal Case Nos. Plaintiff, sB-16-CRM-1242-43 For: Violation of Section 3(e) of Rephlic Act No. 3019, as amended sB-16-CRM-1244-6:g. -versus- For: Maluersation of Public Filnds tttrough Falsification of Public/ Olftcial Document s (Art. 217 in relation to Art. 171 of the Reuised Penal Code) RODRI@ MIAGA WENCF,SLAO, Present: EFLIDA. I}UAI,LO OLITGUER, CabotaJe-Tang, A.M., P.J., JOSEPIIIIIE MIAGA MOPON, Chairperson NENITA GOTITE,Z CE,NIZ.II, Fernaadez, B.R., J. and ROSALIEDA WEI| CESLI\O CASTRO, Moreno, R.8., J. Accttsed. PROMULGATED: U0\rF -x DECISION Moreno, J.: Accused Rodrigo Miaga Wenceslao (Wenceslao), Eflida t Duallo Olaguer (Olaguer), Josephine Miaga Mopon (Mopon| Nenita Gomez Ceniza (Ceniza), and RosalindaWenceslao Castro (Castro)are charged before this Court with violation of Section ; 3(e) of Republic Act (R.A.) No. 3019, as amended, and Malversation of Public Funds through Falsification of Public I Docume[ts defined and penalized under Article 217 in relation to.Article l7l of tJ e Revised Penal Code (RPC). The Informations read as follows: .i Crirninal Case No. SB-16-CRM-1242 I 1 That from January 2004 to June 2004, and for : som.etime prior or subsequent thereto, in the Municipalitg of Merida, Prouince of Legte, Philippines, and uithin tle jurisdidion of this Honorable Court, accttsed RODRICIO DECtStON Crininol @e No. SB-16-CRM-1242-63 People v. Wencesloo, et o!. MIAGA WENCESLAO, a high-ranking public oJficer being tte Municipal Magor, conspiring and.
    [Show full text]
  • The Commission on Elections from Aquino to Arroyo
    ACKNOWLEDGEMENTS It is with deep gratitude to IDE that I had a chance to visit and experience Japan. I enjoyed the many conversations with researchers in IDE, Japanese academics and scholars of Philippines studies from various universities. The timing of my visit, the year 2009, could not have been more perfect for someone interested in election studies. This paper presents some ideas, arguments, proposed framework, and historical tracing articulated in my Ph.D. dissertation submitted to the Department of Political Science at the University of Wisconsin-Madison. I would like to thank my generous and inspiring professors: Paul Hutchcroft, Alfred McCoy, Edward Friedman, Michael Schatzberg, Dennis Dresang and Michael Cullinane. This research continues to be a work in progress. And while it has benefited from comments and suggestions from various individuals, all errors are mine alone. I would like to thank the Institute of Developing Economies (IDE) for the interest and support in this research project. I am especially grateful to Dr. Takeshi Kawanaka who graciously acted as my counterpart. Dr. Kawanaka kindly introduced me to many Japanese scholars, academics, and researchers engaged in Philippine studies. He likewise generously shared his time to talk politics and raise interesting questions and suggestions for my research. My special thanks to Yurika Suzuki. Able to anticipate what one needs in order to adjust, she kindly extended help and shared many useful information, insights and tips to help me navigate daily life in Japan (including earthquake survival tips). Many thanks to the International Exchange and Training Department of IDE especially to Masak Osuna, Yasuyo Sakaguchi and Miyuki Ishikawa.
    [Show full text]
  • 1987 Constitution
    1987 Constitution http://elibrary.judiciary.gov.ph/index7.php?doctype=Constitutions&docid... 1987 Constitution 1987 CONSTITUTION PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. ARTICLE I National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines . ARTICLE II Declaration of Principles and State Policies Principles SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State.
    [Show full text]
  • Download the Case Study Report on Prevention in the Philippines Here
    International Center for Transitional Justice Disrupting Cycles of Discontent TRANSITIONAL JUSTICE AND PREVENTION IN THE PHILIPPINES June 2021 Cover Image: Relatives and friends hold balloons during the funeral of three-year-old Kateleen Myca Ulpina on July 9, 2019, in Rodriguez, Rizal province, Philippines. Ul- pina was shot dead by police officers conducting a drug raid targeting her father. (Ezra Acayan/Getty Images) Disrupting Cycles of Discontent TRANSITIONAL JUSTICE AND PREVENTION IN THE PHILIPPINES Robert Francis B. Garcia JUNE 2021 International Center Disrupting Cycles of Discontent for Transitional Justice About the Research Project This publication is part of an ICTJ comparative research project examining the contributions of tran- sitional justice to prevention. The project includes country case studies on Colombia, Morocco, Peru, the Philippines, and Sierra Leone, as well as a summary report. All six publications are available on ICTJ’s website. About the Author Robert Francis B. Garcia is the founding chairperson of the human rights organization Peace Advocates for Truth, Healing, and Justice (PATH). He currently serves as a transitional justice consultant for the Philippines’ Commission on Human Rights (CHR) and manages Weaving Women’s Narratives, a research and memorialization project based at the Ateneo de Manila University. Bobby is author of the award-winning memoir To Suffer thy Comrades: How the Revolution Decimated its Own, which chronicles his experiences as a torture survivor. Acknowledgments It would be impossible to enumerate everyone who has directly or indirectly contributed to this study. Many are bound to be overlooked. That said, the author would like to mention a few names represent- ing various groups whose input has been invaluable to the completion of this work.
    [Show full text]
  • An Assessment of Public Administration in the Philippines, 1986-1988
    AN ASSESSMENT OF PUBLIC ADMINISTRATION IN THE PHILIPPINES, 1986-1988 Ledivina V. Carifto WORKING PAPER SERIES NO. 90-03 January 1990 Philippine Institute for Development Studies TABLE Of CONTENTS I. introduction 1 II. The Role of Government 2 A. The Restoration of the Legislature 2 8. Privatization 3 C. People's Participation? . 5 D. New Areas of Concern 6 B. Summary 8 III. Personnel Changes 8 A. Changing the Personnel of the Bureaucracy: Three Alternatives 9 1. Employee Retention 10 2. Early Retirement 10 3. The Purge 12 B. Review Under the Freedom Constitution 17 C. The New officials and Employees 18 1. The Cabinet 18 2. The issue of volunteers 20 3. Demilitarizationf of the Service? 21 D. The Salary Structure 23 E. Public Sector Unionism 27 IV. Organizational Changes „ 29 A. The Reorganization Process 29 B. Results of Reorganization 31 C. Decentralization 32 1. Centralization and tne Office of the President.. 32 2. Executives in the Departments 35 3. Deconcentration 38 4. Devolution 42 V. Ethics and Accountability '. 4,5 A. The Current Thrusts 46 1. The Presidential Commission on Good Government.. 49 2. The Presidential Committee on Public Ethics and Accountability 51 3. Agency Reform Measures 51 B. The Continuing Problem of Corruption 52 VI. Summary and Conclusions 55 A. The Role of Government 55 B. Personnel Cnanges 55 C. Government Reorganization • 56 D. Ethics and Accountability 57 References 59 Appendix 1. Reorganization Executive Orders (REOs) 63 REOs Issued from July 22 to July 26/ 1987 66 2. Rate of Increase (Decrease) of Personnel Before and After Reorganization, 1987 and January 1989 67 LIST OF TABLES 1.
    [Show full text]
  • Tracking the Proceeds of Organised Crime – the Marcos Case
    TRACKING THE PROCEEDS OF ORGANISED CRIME – THE MARCOS CASE Dr David Chaikin Barrister, NSW Paper presented at the Transnational Crime Conference convened by the Australian Institute of Criminology in association with the Australian Federal Police and Australian Customs Service and held in Canberra, 9-10 March 2000 Grand Corruption International lawyers have paid little attention to the problem of fraudulent enrichment and corruption by heads of state/government and top state officials. The organised and systematic plundering of national treasuries or "indigenous spoliation"1 of assets by political and military elites has ravaged many developing countries, exacerbating poverty and undermining economic and social development. When a greedy authoritarian leader or despot is in power, there are few, if any opportunities, for taking legal action to prevent or interdict stolen monies. However, if the dictator or authoritarian leader is deposed, the new government may seek the assistance of foreign government and courts to investigate and ultimately to recover stolen assets, which are located abroad2. Although grand corruption is not a new problem, it has more serious consequences today when practised by dictators or authoritarian leaders. Even if the dictator is overthrown, this does mean that the stolen monies will be recovered. Indeed, the modern experience is that dictators are able to keep their loot, which is deposited, outside their country. The mobility of wealth prevents effective recovery of the assets and the sheer size of the stolen monies has major economic consequences for development. It has been often stated that corruption by the political elite is perhaps the most important obstacle to economic development3.
    [Show full text]
  • Philippines 2017 Human Rights Report
    PHILIPPINES 2017 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. The presidential and 2013 midterm national elections were generally free and fair. The 2016 local elections were twice postponed until May 2018. Proponents of delaying the elections cited several reasons, among them the continued influence of drug money on local elections. Civilian control over the Philippine National Police (PNP) improved but was not fully effective. The government confirmed a civilian head of the Internal Affairs Service in December 2016, after an eight-year hiatus. In May members of the terrorist Maute Group and supporters of other extremist organizations attacked Marawi City, on the southern island of Mindanao. In response President Duterte declared martial law in all of Mindanao. The Armed Forces of the Philippines (AFP) restored government control of the city on October 23. Approximately 360,000 persons were displaced as a result of the crisis. Extrajudicial killings have been the chief human rights concern in the country for many years and, after a sharp rise with the onset of the antidrug campaign in 2016, they continued in 2017. From January to the end of September, media reports chronicled more than 900 fatalities in police operations suspected to be connected with the government’s antidrug campaign. Police claimed to have begun investigations of all reports of extrajudicial killings. As of August, police claimed to have resolved 1,889 cases, and 4,373 remained under investigation.
    [Show full text]