Category: Laws and Policies

Napoles Guilt Over Pork Barrel Scandal

janet-napoles-5

The article below by Manny Almario, a retired journalist from the Philippines, is certainly thought-provoking.  I do agree that Janet Lim-Napoles is not the most guilty amongst her cohorts but at the same time I do not believe that she is less guilty.  GUILT IS GUILT!  No one is less guilty when one is guilty.

Janet Lim-Napoles embraced  criminality of the plunder  with so much gusto that she involved – from her side alone –   her families, friends, employees, colleagues and God knows who else!

Janet Lim-Napoles enjoyed all the trappings gained from the wanton plunder of public purse.

Janet Lim-Napoles was an active participant in the sorry saga of avarice, looting, robbing and fleecing of the National Treasury.  She was aiding and abetting the marauding criminals within the Philippine Government with her eyes, mouth, ears and waiting arms wide open.  She is not some innocent ninny that was taken advantage of.  She was  a grasping she-devil, an opportunist, waiting in the offing  to brandish her  slick and skilful sleight of hand to make monies disappear, and seem, “now you see it, now you don’t”.  She was on par with magicians in the highest order!

Janet Lim Napoles may not be the most guilty but she is equally guilty as anyone else involved in the plunder and she should be given a punishment appropriate to her crime.  This should involve confiscation of monies and properties she gained from her criminal act against the NATION!

Letting Janet Lim-Napoles sing like a canary for a free pass out of prison is a criminal act in itself.  Janet may sing beautifully but let us remember that the Pork Barrel Scandal is not about Philippines Got Talent or even The Voice.  Pork Barrel Scandal is about treason, treachery and betrayal of the sovereignty of the Filipino people and of the Philippine Government.

I say confiscate her properties and lock her up in jail and throw away the keys. Then go for her cohorts, I am sure there are enough materials and evidence to convict the rest of the Pork Barrel criminals.

JPJhermes, Nagpapatrol
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Napoles not ‘most guilty’
12:02 am | Wednesday, April 30th, 2014
 
It is disputable that Janet Lim-Napoles is the “most guilty” in the stupendous P10-billion pork barrel scam.  She is an ordinary citizen, without any official governmental power.  On the other hand, the legislators and other public officials who are her co-accused are cloaked with public authority. They were the custodians of public money. They had the sworn duty to preserve and spend public money for the public good. Instead, they allegedly plundered it.
 
Every public official is required by law to take an oath to “well and faithfully discharge to the best of his ability the duties of the office or position upon which he is about to enter; and (to declare) that he voluntarily assumes the obligation imposed by his oath of office, without mental reservation  or purpose of evasion” (Sec. 40, 1987 Administrative Code of the Philippines).
 
Napoles had taken no such oath, not having occupied a government position. But the public officials did.  Their oaths usually end with the phrase, “So help me God.” Therefore their crime, if proven, would be a “betrayal of the public trust,” for failing to “well and faithfully discharge” the duties of their office.  It would also be sacrilege for falsely invoking the name of God.
 
In his March 26, 2012, column (“Betrayal of public trust”), Fr. Joaquin J. Bernas,  former dean of the Ateneo Law School, quoted Constitutional Commissioner Ricardo Romulo as saying that “betrayal of the public trust,” one of the causes for impeachment of public officials, could “cover any violation of the oath of office.”
 
Commissioner Rustico de los Reyes, author of the amendment, added that “the term … includes betrayal of public interest, inexcusable negligence of duty  (italics supplied), tyrannical abuse of power, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, etc. to the prejudice of public interest and which tend to bring the office into disrepute.”
 
Further, the crime of plunder, under Republic Act No. 7080, is primarily directed against “public officers” who acquire ill-gotten wealth or misappropriate public funds amounting to more than P50 million.  A private person who participates in the crime is also punished for the same offense, but he or she is not the principal accused.
Even if Napoles is the mastermind, which is unlikely, considering her being an outsider, Napoles cannot be the “most guilty” since she could not have committed the crime without the assent and participation of the public officials who have custody of and power to dispose of the funds.  These officials had the duty to “turn her in” or charge her for simply making an indecent or illegal proposition.
 
It is to the public interest that Napoles be made a state’s witness, if her testimony is assuredly necessary to convict the public officials concerned, in order to forewarn all incumbent and future officials to be faithful to their oath of office, under pain of punishment under the law.  An additional requirement of course would be for her to return to the state all the proceeds she may have enjoyed from the scam.
 
—MANUEL F. ALMARIO,
 
Spokesman,
Movement for Truth in History,
mfalmario@yahoo.com
 

Roaming Charges on Death Throes in Europe?!!!

mobileThis is good news. We are now mobile/cell phones using nations and the end of roaming charges can only be good news to us all. We have heard of much horror stories, which landed so many unsuspecting users with thousands of pounds of hidden and not quite so hidden roaming charges.

The only thing is that, what does it mean the roaming charges are to end by Christmas 2015? Does this mean roaming charges are not quite dead yet?!!!

So we must not celebrate by using our phone’s roaming apps just yet. 😉 Wait a while longer! Easy does it!

……………………………


Brussels, 3 April 2014

European Parliament votes to end roaming charges, expand consumer rights and make it easier to create better telecoms.

Today the European Parliament voted to end roaming charges by Christmas 2015, as part of a wider vote in support to the Commission’s proposed regulation for a “Connected Continent” (telecoms single market)*.

European Commission Vice President Neelie Kroes said:

“This vote is the EU delivering for citizens. This is what the EU is all about – getting rid of barriers to make life easier and less expensive.”

“Nearly all of us depend on mobile and internet connections as part of our daily lives. We should know what we are buying, we should not be ripped-off, and we should have the opportunity to change our mind. Companies should have the chance to serve all of us, and this regulation makes it easier for them to do that. It’s win-win.”

“In 2010 I promised to end roaming charges by the end of 2015, and now we are one step away from achieving that result.”

“Beyond the highly visible barrier of roaming we are now close to removing many other barriers so Europeans can enjoy open, seamless communications wherever they are”.

EU Member States will now continue to review the regulation and the Commission expects final agreement of the Regulation by end of 2014.

*The “Connected Continent” telecoms Regulation was proposed by the Commission in September 2013. It aims to bring us much closer to a truly single market for telecoms in the EU, by ending roaming charges, guaranteeing an open internet for all by banning blocking and degrading of content, coordinating spectrum licensing for wireless broadband, giving internet and broadband customers more transparency in their contracts, and making it easier for customers to switch providers.

Background
Tweets from @NeelieKroesEU today included:

“Today EU Parliament voted to end roaming charges by Christmas 2015 !! #roaming”

“We need a digital Europe – today we are another step closer with EU Parl vote for #ConnectedContinent”

“Find out more about the EU plan that is set to end #roaming + guarantee #NetNeutrality on Connected Continent webiste”

Contacts
Email: comm-kroes@ec.europa.eu Tel: +32.229.57361 Twitter: @RyanHeathEU

Mysterious Ma’am Arlene Unmasked?!!!

The most likely suspect of the mysterious Ma’am Arlene was allegedly one called Arlene Lerma, the éminence grise of the judiciary. Lerma, though she doesn’t hold office at the judiciary, is known to exercises power and influence.    Lerma is said to be in very friendly terms with judges and justices.  These J&Js are for sale.  With enough money to grease palms, verdicts can be facilitated in favour of Lerma’s moneyed clients.  Justice can be a total joke and can be subjective.  If you have enough money and knows Lerma and has her connections, you can dance around the laws of the land!

 

Just like those many before her( many she was the go between for) Lerma and her corrupt-a-minute transactions will probably not  land  her in jail because of her connections.

But know this Lerma, you are now out of the shadow!!!  watching-you-smiley-emoticonarlene
MA’AM ARLENE’S ‘AMIGAS’ Arlene Angeles Lerma (in pink circle), alleged fixer in the judiciary, joins last year’s retirement party for a court official with members of the judiciary. CONTRIBUTED PHOTO

 

A Supreme Court insider has identified the so-called “Ma’am Arlene” who was earlier described as “the Janet Lim-Napoles of the judiciary” for allegedly influencing court decisions in favor of her clients with huge payoffs to judges and justices.

The source said the alleged “decision-broker” in the judiciary was none other than Arlene Angeles Lerma.

Lerma is known to most of members of the judiciary, according to the Inquirer source who asked not to be identified for lack of authority to speak to the media.

The media earlier reported that there were three Arlenes who showered members of the judiciary with gifts and cash.

The source was among those called by the Supreme Court committee under Associate Justice Marvic Leonen investigating corruption in the judiciary.

“We know her because she also attends parties for retired judges and events, but she is not a member of the judiciary,” the source said.

The Supreme Court insider said he overheard Lerma in one party for members of the Philippine Judges Association (PJA) saying “Iniwan ko na yung pang raffle (I left something for the raffle).”

Lerma came with Manila Vice Mayor Francisco “Isko Moreno” Domagoso to the PJA party, the source said.

The source said Lerma was close to retired Deputy Court Administrator (DCA) Antonio Eugenio Jr., a former Manila Regional Trial Court (RTC) judge.

TROs

RTC judges and Court of Appeals justices are known to issue temporary restraining orders (TRO) that adversely affect or benefit litigants. There are reports that these TROs can be bought.

The source confirmed that the photo obtained by Inquirer was taken at the retirement party of Eugenio last year.

“The party was attended by judges and DCAs and she (Lerma) was there,” he said.

Two-time PJA president

He said Lerma was a strong supporter of Eugenio who served as a two-time PJA president when he was a regional trial court judge.

The source described as “unprecedented” Eugenio’s feat as two-time PJA president.

Lerma’s name cropped up as the “influential person” during the recent election for PJA president in October.

Lerma allegedly bankrolled the election of PJA officers and held parties for members of the judiciary.

Supreme Court Administrator Midas Marquez, who conducted an initial investigation of the alleged vote-buying in the PJA election, earlier said he had asked the three candidates vying for the leadership of the PJA to explain allegations of irregularities during the election.

The PJA candidates for president were Judge Ralph Lee of Quezon City (who won the presidency), Judge Rommel Baybay of Makati City and Judge Felix Reyes of Marikina City.

Hotel bookings, trips

 

Arlene reportedly booked 50 rooms in a high-class hotel for the judges and their spouses during the election and gave expensive bags and trips overseas as gifts.

Marquez has issued a circular reminding judges to conduct themselves properly during PJA elections and listed prohibited acts.

Isko kid’s godmother

Domagoso acknowledged that he knew Lerma, a godmother of one of his children.

“I never denied it. She’s my friend. She’s my neighbor in Balut, Tondo,” the vice mayor told the Inquirer in a phone interview.

Asked if he went with her to a party of the PJA, he said, “many times.”

He said he knew Lerma as an “ordinary, simple woman” who is a sister of a barangay chair.

“She has no business. She’s employed in a company,” Domagoso said.

He couldn’t recall her specific job and company.

Asked if he was aware of the alleged case-fixing activities of Lerma, Domagoso said, “As far as I’m concerned, I don’t know that’s she’s into [case] fixing. I have a high respect for the members of the judiciary. I don’t think that is happening nowadays.”

Lerma has been likened to Napoles, the alleged mastermind behind the P10-billion pork barrel scam. Napoles, along with Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla, and other lawmakers, has been charged with plunder and malversation in the Office of the Ombudsman for allegedly pocketing millions of pesos from the Priority Development Assistance Fund, a pork barrel.

Read more: http://newsinfo.inquirer.net/545435/alleged-fixer-in-judiciary-identified#ixzz2nIhJeJix
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

Supreme Court on PDAF

Corruption

Supreme Court on PDAF

It was such a lovely surprise and a proud moment for GlobalGranary.org to note that we were referenced in the recent Supreme Court ruling on Pork Barrel/PDAF scam.

We are pleased that some action has been initiated by the Supreme Court but we will continue to pursue further action that needed doing i.e. bringing the culprits to book and recovery of the monies by continually reminding people that this scam can’t just be filed and forgotten.

SUPREME COURT CASE ON PDAF – Scribd
www.scribd.com/doc/190317668/SUPREME-COURT-CASE-ON-PDAF
20 hours ago – Online: Something for Everyone, August 19, 2013. what- is-a-pork-barrel/#.UmnhFNavcw >(visited October 17, 2013).

Footnote No 8 – GlobalGranary.org