A Quezon City Regional Trial Court (QCRTC) judge handling the rebellion case against several members of the influential Ampatuan clan of Maguindanao said that he is ready to rule on the motion of the prosecution seeking his inhibition from the case.

In a one-page order, dated March 5, 2010, QCRTC Branch 77 Judge Vivencio Baclig said that since both sides have already submitted their pleadings, he is ready to rule on it.

“The prosecution, having filed already its joint reply to the comment-opposition of accused Andal Ampatuan Sr. and Zaldy Ampatuan, the prosecution’s motion to inhibit is hereby submitted for resolution,” Baclig said.

If Judge Baclig rules in favor of the prosecution, the case would have to be raffled-off to another court. However, if he decides not to inhibit himself from the case, then the trial can proceed.

It could be recalled that hearings on the rebellion case against the Ampatuans were stalled since Feb. 22, 2010, when State Prosecutors Lamberto Fabros, Rassendel Rex Gingoyon and Aldrin Evangelista sought the inhibition of Baclig.

The prosecutors accused Baclig of being biased in favor of the accused. Baclig has ordered the parties to submit their respective arguments on the issue.

Staff members of QC RTC Branch 77 cannot say how long it would take for Judge Baclig to rule on the matter of his inhibition, although they said the court has a maximum of 90 days to rule on the motion. (PNA)
scs/JCA

Relatives of the so-called “Morong 43″ have filed a 16-page petition before the Court of Appeals (CA) asking that their loved ones be transferred from military to police custody.

The Community Medicine Development Foundation led the petitioners.

The military arrested the “Morong 43″ while supposedly conducting or attending bomb-making training in a private compound in Morong, Rizal last month.

They were charged and detained at Camp Capinpin in Tanay, Rizal on suspicion of being members of the New People’s Army (NPA), although they said they were health workers attending a seminar at the time they were arrested.

The petition, filed at the CA’s First Special Division, is seeking the transfer of the detainees to the Philippine National Police headquarters in Camp Crame, Quezon City.

In effect, the petitioners are asking the CA to protect the constitutional rights of the detainees under the Bill of Rights that they alleged are being violated by the military.

They claimed that their relatives have been living in “a chord of fear and fright” inside Camp Capinpin since they were held last February 6.

“During interrogation, the detainees were taken out of their cells; some were even taken out of the custodial center compound of Camp Capinpin; (detainee) Samson Castillo was even asked to run for his life; the detainees were asked personal questions particularly details about their families; they were forced to admit membership in the New People’s Army; they were offered monetary reward in exchange of their admission or confession,” the petitioners stated. <

They cited as proof the supposed statements of three detainees — Elanor Carandang, Chenilyn Tawagon and Valentino Paulino — who claimed that they continue to experience “psychological torture, threats, prolonged interrogation and other violations of constitutional rights” inside the military camp.

It can be recalled that lawyers of petitioners led by Romeo Capulong already sought the transfer of the detainees during the hearing last February 15.

Capulong argued that under the law, arrested persons should be detained under police custody and not in a military camp.

In a related development, two more justices were added to the CA Division hearing the habeas corpus petition of relatives of the arrested health workers after the three original composition of the special first division failed to come up with a unanimous vote on the case.

The additional justices -– Associate Justices Magdangal De Leon and Sesinando Villon -– were included in the three-person panel assigned to the case after they were chosen through a raffle last week.

They will join Associate Justices Portia Alino-Hormachuelos, Normandie Pizarro and Francisco Acosta in deciding on the case.

Under Section 6 of the 1999 Internal Rules of the Court of Appeals (IRCA), “Whenever the members of a Division fail to reach a unanimous vote, its chairman shall direct the Raffle Committee to designate by raffle two additional members of the Court to constitute a Special Division of five.” The selection of the two additional members shall be on a rotation basis.

The concurrence of a majority shall be necessary for the pronouncement of a decision or resolution. (PNA)
scs/PFN

A suspected snatcher was found floating in Pasig River two days after he snatched a bag of a woman.

Rogelio Achuela, single, of Parola Compound, Tondo, Manila, jumped into the Pasig River Thursday evening to elude arrest by responding policemen.

Police Officer 1 Gerry Amores, of the Manila Police District, said Achuela snatched the bag of Jacklyn Sales, 27, of Tondo, Manila, in front of Sta. Cruz church also in Manila at about 8:30 p.m. Thursday.

Reports said he jumped into the river after being chased by responding policemen. The suspect remained missing until he was fished out at 6:15 a.m. Saturday just under the Delpan Bridge in Intramuros. (PNA)
/JES

The family of slain publicist Salvador “Bubby” Dacer has hailed the reported approval by a United States District Court of the extradition to the Philippines of former Police Senior Supt. Michael Ray Aquino.

Lawyer Demetrio Custodio, counsel of the Dacer family, said on Friday his clients were overjoyed with the report because Aquino could provide much vital information on the motive and the identities of the masterminds of the 10-year-old murder and abduction case.

“They (Dacer daughters) are overjoyed at this development as they feel that their father’s case will soon be resolved,” the lawyer said.

Dacer and his driver Emmanuel Corbito were abducted and afterward killed in Indang, Cavite in November 2000 allegedly by members of the defunct Presidential Anti-Organized Crime Task Force (PAOCTF) headed by then Philippine National Police chief and now Senator Panfilo Lacson.

The victims’ scorched skeletal remains were recovered by the National Bureau of Investigation (NBI) in April 2001.

Earlier reports said Judge Esther Salas of the U.S. District Court of New Jersey in Newark approved on March 4 the Philippine government’s application for Aquino’s extradition.

The court is expected to issue a warrant authorizing Aquino’s commitment pending his turnover to Philippine law enforcers. (PNA)
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Some P1 million worth of merchandise was destroyed when a fire of still undetermined origin hit a commercial-residential building in Binondo, Manila on Thursday morning.

Senior Fire Officer 2 Emmanuel Gaspar of the Manila Fire Department said the fire broke out at 6:10 a.m. at the storage room on the 6th floor of the commercial-residential building located between El Cano and Sto. Cristo Streets, Binondo.

The fire reached alpha alarm before it was placed under control by firemen at 7:12 a.m.

Report said a certain Jerry Co was the occupant of the floor which was hit by fire.

The building is owned by Mariano Realty Corporation.

No was reported injured during the blaze. (PNA)
scs/JES

Twelve persons, 11 of them college students, were injured when a pillbox exploded at noon in front of a food house in Sampaloc, Manila.

Five victims identified as Chester Ramos, John Aldrin Calisterio, Roneth Harold Timbang, Richard Salvador and Marco Villanueva were rushed to the University of Santo Tomas Hospital for treatment.

The other victims — Julieta Cloma, John Michael Using, Carina Calma, Julie Valena, Bryan Ramos, and Erickson Magsino — and Joseph Bernat, a college instructor, were all were taken to Perpetual Help Hospital.

Reports said all the victims were eating in Dades Sizzling House at the corner of Concepcion corner Laong Laan Streets when two unidentified men suddenly appeared then lobbed a pillbox.

The suspects, both described to be between 20 to 25 years old, fled on board a gray motorcycle without license plate.

Superintendent Ramon Pranada, chief of the Manila Police District Station 4, said the incident occurred at 12:15 p.m.

He said an alleged fraternity war could be the motive behind the explosion. (PNA)
vcs/JES

Tension gripped a Manila Metropolitan Trial Court (MTC) branch due to bomb threat on Tuesday afternoon.

Court staff temporarily stopped from working as bomb experts from the Manila Police District (MPD) had to first search the area for possible bomb.

The court staff of the Manila MTC Branch 22 received a call from unidentified male person, who claimed that a bomb would explode inside the court room within five minutes at 1:45 p.m. Tuesday.

Judge Jimmy Santiago, 3rd Vice Executive Judge of the Metropolitan Trial Court, and former policeman assigned to Manila Police District – Special Weapons and Tactics (SWAT), said that a court staff received the bomb threat from a caller.

The MPD – Explosive and Ordnance Division deployed operatives to the area but found no bomb at the court premises.(PNA)
RMA/JES

Taipan Lucio Tan has filed graft charges before the Office of the Ombudsman (Ombudsman) against Manila Mayor Alfredo Lim, Vice Mayor Isko Moreno, 20 city councilors and several city officials in connection with the alleged rigged sale of the land where Century Park Hotel stands.

In a 24-page complaint-affidavit filed by Atty. Reynaldo Bagatsing, Lim and the Manila officials were charged for violation of Section 3e and g of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices Act for causing undue injury to the government and to private bidders of the said property.

Also charged were Bids and Awards Committee (BAC) Chairman and Secretary to the Mayor Rafaelito Garayblas, along with BAC members Lourdes Manlulu, Thelma Perez, Alicia Moscaya, Roberto Amores, Racquel Acosta and Ronald Siojo.

Also included in the charge sheets were councilors Moises Lim, Erick Ian Nieva, Arlene Koa, Ernesto Dionisio, Jr., Carlo Lopez, Rolando Valeriano, Ernesto Isip Jr., Yul Servo, Maira Sheila Lacuna-Pangan, Luisito Chua, Edward Maceda, Victoriano Melendez, Roderick Valbuena, Raymundo Yupangco, Josefina Siscar, Ernesto Rivera, Danilo Victor Lacuna and Russel Ibay.

They were also charged for violation of the Local Government Code for giving undue preference to a private party and entering into a contract without the benefit of public bidding.

It was alleged that the property was auctioned off on Sept, 16, 2008 but the respondents announced that it was a failed bidding.

The bidding covered the 45,680 square meters of lands occupied by Century Park Hotel but owned by the City of Manila.

Another bidding was again conducted on Sept. 30, 2008 after publication and two bidders participated namely, Maranaw Hotels and Restaurant Corp., which submitted a bid of P1 billion and AM Oreta and Co. Inc., offered P997.30 million.

Bagatsing claimed that Lim, Moreno and the other officials committed criminal acts when they disposed off the two parcels of land through a rigged bidding after passing City Council Resolution No. 176 Series of 2008, which “authorized the City Mayor Alfredo Lim to enter into a negotiated sale of the property of the City of Manila.”

“The use of the word ‘negotiated’ in the aforementioned City Council Resolution is an indication of unlawful and nefarious intent of the respondents to defraud the City of Manila. The word ‘negotiated sale’ provides a blanket authority to respondent Mayor Alfredo Lim to negotiate the sale of the aforementioned properties with intent to do away with applicable laws on public bidding,” Bagatsing said in the complaint.

This was followed by a Notice of Public Auction..The three days notice given in the newspapers of the sale was not fair and equal chance to participate in the public auction.

“Supplementary contract entered into by and between the City of Manila and Tourist Trade and Travel Corporation on 1 August 2003 clearly shows that the market value of the improvements (Century Park Hotel) is already valued at P1-Billion,” the complaint sheet said.

“Notably, the aforementioned amount of P1-Billion pertains only to the declared value of the improvements. It does not include the value of the lands where the improvements are constructed,” it said.

In the final appraisal report, the entire property would command an aggregate value of P1,705,339,637. Therefore, there is a deficit of at least P705,339,537, it said.

“In this regard, respondent officials of the City of Manila should not be allowed to profit from their own crime and inflict tremendous prejudice to public interest,” the complaint said. (PNA)
RMA/PTR

A total of 3,096 pieces of counterfeit “Guess” wearing apparel worth over P9 million were confiscated by agents of the National Bureau of Investigation (NBI) during raids conducted in Paranaque City recently, the bureau reported.

NBI operatives belonging to the NBI Intellectual Property Rights Division (IPRD) swooped down on Windblown Trading/Shineberry General Merchandise, Lucill Trading/ Jonathan Chow, and Carmie Padua located at Warehouse 2, No. 153, Tambo, Paranaque.

The operations were carried out following the complaints filed by Diversion Industries Inc./Guess Inc. for trademark infringement and unfair competition.

The NBI operatives were armed with search warrants issued by Judge Nina G. Antonio-Valenzuela of the Manila Regional Trial Court (RTC) Branch 28.

A report of Senior Agent Joseph Furing of IPRD to lawyer Dante Bonoan, chief of the NBI-IPRD, revealed the operations resulted in the confiscation of 3,096 pieces wearing apparel bearing “Guess” trademark owned by Guess Inc. and exclusively licensed to Diversion Industries Inc.

The confiscated apparel was worth P9.228 million.

The owners and operators of the raided establishments are facing charges for violation of Section 155 (trademark infringement) and Section 168 (unfair competition) in relation to Section 170 of Republic Act No. 8293, otherwise known as Intellectual Property Code of the Philippines. (PNA)
scs/JES

The Archdiocese of Manila will release its ‘Oratio Imperata,’ or intercessory prayers, for rain to lessen the effects of the impending El Nino phenomenon.

In a circular to all priests, shrine rectors, chaplains and school directors under the archdiocese, Gaudencio Cardinal Rosales ordered them to include the Oratio Imperata in their daily and Sunday prayers.

“Our relief will come from nature. And so we implore the Master of all creation, God, our Father, at whose command the winds and the seas obey, to send us rain and ease the drought,” he said.

The Cardinal asked them to insert into the daily and Sunday Prayers of the Faithful of the Mass: “Lord, hasten to send the rain we badly need so the damage to crops and other livelihood and impending power shortage may be averted, we pray…

The Oratio Imperata ad Petendam Pluviam is to be prayed after Communion before the Post Communion Prayer. (PNA)
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