This was after she received
“her copy” of the “motion for preventive suspension of respondents” filed by
complainant Isog Han Samar Movement (ISM) represented by Fr. Noel Labendia
of the Diocese of Calbayog.
Included in that motion
filed three months ago at the Office of the Ombudsman, Preliminary
Investigation and Administrative Adjudication Bureau-A in Diliman Quezon
City were Gov. Tan, and members of the Sanggunian Panlalawigan of Samar as
named respondents.
The two “graft charges” were
marked under Administrative Case OMB-C-A-05-0051-B with CPL No. C-04-2045
for Grave Misconduct, Dishonesty, etc. and Criminal Case OMB-C-A-05-0049-B
for Plunder with CPL No. C-04-2045.
In a document obtained by
this publication, it stated that the evidence of guilt against respondents
is strong, “and the charges against them involve acts of dishonesty,
oppression or gross misconduct or neglect in the performance of duty, which
if proven would warrant their removal from service.”
The complainant insisted
that the “respondents’ continued stay in office might prejudice the cases
filed against them – which are grounds for placing respondents under
preventive suspension” pursuant to Section 9, Rule III of the Rules of
Procedure of the Office of the Ombudsman,” a document signed by Fr. Labendia
of Isog han Samar Movement stated.
It added that: “There is an
urgent need to suspend respondents in order to prevent them from using their
public positions to raid the provincial treasury, thereby sparing the people
of Samar from further suffering and misery.”
But in her counter-motion
last November 2005, Governor Tan, through her counsel, opposed the motion
for preventive suspension on the following ground that:
“All the acts and
transactions complained of occurred during the first term of herein
respondent, which began on
June 30, 2001 and ended on
June 30, 2004. By her
reelection in May 2004 to her second term, which began on June 30, 2004, her
administrative liability, if any, has been effectively extinguished.”
The governor argued that
whatever administrative liability she may have incurred during her first
term, “is extinguished in accordance with the well-established rule laid
down by the Supreme Court.”
The governor’s motion quoted
one statement from the SC previous decision stating, “Offenses
committed, or acts done, during previous term are generally held not to
furnish cause for removal and this is specially true where the Constitution
provides that penalty in proceedings for removal shall not extend beyond the
removal from office and disqualification from holding office to which he was
elected. The underlying theory is that each term is separate from other
terms and that the reelection to office operates as a condonation of the
officer’s previous misconduct to the extent of cutting off the right to
remove him therefrom.”
“It is respectfully prayed
that complainant’s motion for herein respondent to be preventively suspended
be denied for of lack of merit,” the governor, through her counsel said.
To recall, Gov. Tan has also
recently asked the Ombudsman to dismiss the two “scandalous cases” filed
against her saying it was a “premature, groundless and in blatant violation”
of her constitutional right due to the process of filing done by her
complainant.
Gov. Tan said the motion for
reconsideration she filed before the Commission on Audit relative to the
2004 Audit Report has not yet been resolved.
“Because the said motion has
not yet been resolved to date, the filing of this case is premature,
groundless, and in blatant violation of my constitutional right to due
process,” Gov. Tan said in her March 29, 2005 counter-affidavit which she
executed in Quezon City and subscribed and sworn to before notary public
Dulcisimo G. Hinanay Jr.
Gov. Tan supported her
argument by citing Sections 8 & 9 of Rule V of the COA Revised Rules of
Procedure, which states the rule on “motion for reconsideration” and
“interruption of time to appeal.”
Meanwhile, the case stemmed
after the Isog han Samar Movement has accused and filed plunder charges to
Gov. Tan together with her co-respondents members of the Sangguniang
Panlalawigan by using their official positions, authority and influence to,
among others:
“Procure P29.34 million
worth of goods without, or in violation of the rules on, public bidding as
prescribed by Articles 356 to 365, title six of the Local Government Code
and the Rules and Regulations on Supply and Property Management in Local
Governments;
Make ‘repeat orders’ of
supplies worth P28.165 million which were 5 to 11 times the cost of the
original orders in violation of COA Circular No. 92-386;
Make ghost or anomalous
emergency purchases of relief goods and medicines totaling P14.1 million,
particularly 5, 900 sacks of rice plus 4, 500 boxes of canned goods and food
items, in four business days, under the guise of a dubious state of
emergency; and procure medicines worth P14.20 million under similar
anomalous circumstances.”
The documents of these
transactions were reportedly “exposed” by former General Service Officer now
administrative officer of the Samar Provincial Hospital Aurelio “Jun” A.
Bardaje Jr., and GSO Record Officer and Inspector Numeriano C. Legaspi who
later on turned state witnesses.
To date, the office of the
Ombudsman has yet to release its decision if there was, indeed, a prima
facie evidence of the allegations filed against Gov. Tan and her
co-respondents. If, indeed, there is strong evidence, the Ombudsman may file
an endorsement and the case will be heard before the Sandiganbayan in
Manila.
City sets auction of
delinquent real properties
By BONG PEDALINO, PIA Southern
Leyte
January 14, 2006
MAASIN CITY – The city
government here has set its sights this year, 2006, in which to hold an
auction sale on real properties like land and buildings that are delinquent
in the payment of taxes.
City Treasurer Eleseo
Costillas disclosed over DYDM “Bantay Tawo” program anchored by Monching
Buyser this week that he is now preparing to conduct an auction proceeding
on the tax delinquent properties.
“We have a plan to auction
delinquent land and buildings this year. We will start doing that soon. It
is also our sworn duty based on the local government code,” Costillas said
over the phone.
He stressed that the move
was considered one of the ways for the city to raise revenues and be
financially self-sufficient.
City Vice-Mayor Maloney
Samaco, the Acting Mayor, confirmed in another radio program “Aksyon,
Solusyon, Inisyatibo”, the statement of the City treasurer.
“We have approved on
Wednesday (Jan. 11) the guidelines submitted by the City treasurer. I think
there’s no need to hold a public hearing on this because everytime the
treasurer’s office conducts a tax information campaign in the barangay it
was explained that those delinquent properties would undergo an auction
sale,” the Vice Mayor said in response to a text query.
He added: “What is needed
maybe is a final notice to the owner that his/her property is subject for
auction.”
The Vice Mayor is
consequently serving as Acting Mayor until January 23, for Mayor Mercado was
on official travel.
Samaco said one point of the
guidelines stipulated that owners or any heirs of the sold, auctioned real
estate are given the right to re-purchase for one year, and they are also
given priority in the selection of interested buyers once the said
properties are offered for auction selling.
Owners of lots that are
under a long-running Court litigation due to pending cases are advised to
refer the matter to the Committee on Auction Sale composed of the Treasurer,
Assessor, and Legal Officer for proper evaluation, Vice Mayor Samaco further
said.
Village chief in Samar who refused to pay
“revo tax” abducted by NPA rebels
By
RICKY J. BAUTISTA
January 12, 2006
SAN JOSE DE BUAN, Samar
– A father of six young kids and a village chief here who decided
to stop giving ‘revolutionary tax’ to the underground movement operating in
the tri-boundary of this province was snatched by the rebels and feared dead
now.
The victim, identified as
one Peter Dacles, village chieftain of Brgy. Cataydungan, this municipality
was declared missing since December 11, this year. His wife, Salvacion and
some residents strongly believed that he was abducted by the rebels
belonging to the Arnulfo Ortiz Command of the Samar Front Central Committee
of the Eastern Visayas Regional Party Committee (SFCC-EVRPC).
In an interview, the
victim’s wife narrated that since her husband decided to stop contributing
“revolutionary tax” to the underground government last March 2005, her
husband continuously received a “stern warning” coming from the rebels’
leader, a certain “Kumander Payong.”
“If you will not meet me and
give your share, something bad will happen to you and one of your family
members,” the New People’s Army leader said as quoted by the victim’s wife.
Apparently, Cataydungan,
among other villages in this town, gave some P4,000 as their monthly
contribution to the rebels every month since immemorial. The amount was
being sourced out from the regular Internal Revenue Allotment (IRA) of the
village, it was learned.
But prior to the alleged
abduction, the victim was planning to escape to Calbayog City along with his
family scheduled on December 12 but when he realized they cannot escape the
rebels for long, he had a second thoughts and decided to meet the rebels a
day before that schedule.
On December 11, at around
4:30 in the afternoon, he was reported abducted and now feared dead by his
family and residents of the village. This belief that the victim might be
dead was even confirmed when the rebels sent them a letter saying, “Don’t
wait for him anymore because he’s already dead.”
Of this development, the
victim’s wife sought the help of San Jose de Buan mayor Ananias Rebato in
his residence in the provincial capital of Catbalogan but failed to see the
latter.
Ironically, the victim’s
wife refused to cooperate with the national police especially to the Army’s
8th Infantry Division, when these government troops asked some information
to recover the “abducted village chief.”
“I am afraid to talk because
my children were still in that village and they (rebels) might harm my kids
if they suspect me that I am reporting information to the military,”
Salvacion said.
In a press statement, Major
Ruben Sumawang, the executive officer of the 34th Infantry Battalion which
jurisdiction includes this town said: “How can we be able to help recover
her missing husband if she will not talk and cooperate with us? I’m hoping
that in order for us to serve them, and the rest of the people, they should
also help us.”
The army official, however,
hopes that Salvacion talk this coming Sunday on the culmination day of the
3-day Peace and Development Forum (PDF) being initiated by the military
which started today (January 12-14) in this remote town of Samar.
On the other hand, it was
earlier reported that almost 80 percent of the villages in Samar contributed
a 10% of its IRA to the rebels. But in several testimonies of village
officials, during previous PDF’s, they said the “fear of retaliation”
constrained them to give the “revo tax” to the rebels.
This was, however, reported
declined when the military intensified the combat operations and information
dissemination in almost all villages in the region. To date, the government
has already secured the Cataydungan village and the whole San Jose de Buan
town and is now conducting a hot pursuit operation against the elusive
rebels.
DepEd Leyte Convention Center soon to rise
By
Philippine Information Agency (PIA 8)
January
12, 2005
TACLOBAN CITY, Leyte
– Soon to rise at the Department of Education Leyte Division Compound is
the DepEd Leyte Division Convention Center. This was learned from Leyte
Division Superintendent Aurora Villarente during the groundbreaking
ceremonies held yesterday.
Mrs. Villarente said that
the convention center will cost about twelve million pesos. The first phase
is funded from the two million pesos donation from the Province of Leyte
through Governor Jericho Petilla and one million pesos from Congresswoman
Remedios L. Petilla. The Leyte division compound she revealed stands on a 1
hectare lot which the Province of Leyte allowed to be used through usufruct.
The Convention Center is
very necessary structure considering the many sports activities, trainings
and conventions which the Division is undertaking. It will in the long run
save money which the division spends in the private venues used for its
activities. It will also be a fund raising venture as it will be allowed for
a fee to be used for the various functions of other government agencies or
private individuals, Superintendent Villarente added.
She said that the Leyte
Division is able to pilot programs to enhance learning and academic
excellence because it has government partners like Congresswoman Petilla,
Governor Petilla and the local government Executives and from partners
coming from the private sector like the Filipino Chinese Chamber of commerce
and Industry and California Energy.
The Leyte Division Compound
sits the two-storey administration building, a dormitory for transient
teachers and guests, a library and museum, a child-minding building and the
building for the Alternative Learning System.
The groundbreaking ceremony
was attended by Governor Carlos Jericho Petilla, Provincial Board Members
Rowil Bathan and Vangie Esperas, Tanauan Mayor Roque A. Tiu, Tourism
Director Karen Tiopes, PIA’s Olive Tiu and the Leyte Division officials and
schools administrators.
Spotted overseas illegal
recruiter in Borongan Eastern Samar apprehended
by police
By
SENTAY BELIZAR-QUITORIO
January 11, 2006
BORONGAN,
Eastern Samar – Members of the PNP closely monitored a suspected
illegal recruiter in Barangay Bato this municipality. According to an
information received by the PNP, the alleged illegal recruiter identified as
Elmalyn Espinas who according to neighbors is from
Bacolod
was conducting some recruitment activities in the house of a certain
Reynaldo Rosel.
SPO1
Edmundo Macasa, Police investigator Reynaldo Gerna and SPO2 Edwin Corado
responded to a complaint about a suspected illegal recruitment activity. It
was disclosed by witnesses from the neighborhood that the activity started
mid-December of 2005. Elmalyn Espinas is a constant visitor of the Rosel’s and
whose husband was working as construction helper.
Police
went to the vicinity and saw unusual number of people mostly men with
baggage saying they were instructed by the lady recruiter to report
January 11, 2006 and be ready to travel to
Manila to
process papers for overseas work.
Twelve
recruited skilled workers from Borongan, Maydolong, Balangkayan and other
nearby municipalities positively identified Elma as their recruiter who told
them to be ready since the employer (an Arab national) was to meet them and
in town staying in one of the hotels in Borongan. It was believed that the
collection of money for processing of documents was to follow had it not
been stopped by enforcers.
Police
and local media checked the hotel found no such guest identified as Arab
national. The law enforcers together with local media investigated and went
to the area where said recruitment activity was conducted to invite Elmalyn Espinas for questioning. Espinas did not show up and allegedly was having
some kind of stroke (hypertensive) and needs rest.
Police
did not leave the area and suggested that Espinas be brought to the hospital
for treatment and initially refused but later was convinced to submit to
doctors. Investigation will continue when the suspect will be ready for
questioning.
DOLE
provincial personnel Mr. Marlon Arago confirmed the illegal activities and
urged people to report to authorities further doubtful transaction.
In a recent update, the 2
illegal recruiters Elmalyn Espinas and her live-in partner Dennis Dacles of
Can-avid are now detained at the Borongan police station and a case is now
being prepared against them by the 22 victims witnessed by the DOLE.
In the light of Satur Ocampo’s new position at the lower
house
ANAD warns against strong
communist-terrorist influence in Congress
Press
Release by
Alliance
For Nationalism And Democracy
January 11, 2006
CEBU CITY – The Alliance For Nationalism
And Democracy (ANAD) strongly denounce the appointment of Satur Ocampo as
Deputy Minority Floorleader at the House of Representatives. With his newly
acquired position, Ocampo, a true-blooded communist-terrorist, can now wield
strong influence in our country’s legislature.
“While in the past, Satur
Ocampo”, together with other communist-terrorist legislators in the
partylist block succeeded to “terrorize” the Lower House, his new position
could greatly lend support to the quest of the Maoist communist-terrorist
CPP-NPA-NDF to take over the power of government,” said Jun Alcover,
national president of the pro-democracy alliance ANAD.
“In conscience, I cannot
understand why the current leadership of the Lower House, particularly in
the opposition, has entrusted to Ocampo a powerful position considering the
fact that his group has vowed, for the past 37 years, to overthrow our
democratic government and in its stead put in place a communist governance,”
said Alcover.
In the past ANAD issued
several strong warnings and calls on government, particularly the leaders of
Congress, to take the necessary steps and measures to prevent and eventual
power grab by the communist-terrorists there. “Now, what we feared is
imminent because with Ocampo’s recent climb up the ladder of leadership in
the Lower House, they (Maoist communist-terrorists CPP-NPA-NDF) are now
poised and capable to scuttle whatever programs and actions that our
government would take particularly in reviving our ailing economy,” Alcover
added.
On the other hand, ANAD
challenges Ocampo, and his co-partylist representatives under BAYAN MUNA,
ANAK PAWIS, GABRIELA, AKBYAN, and PARTIDO MANGGAGAWA to openly disclose how
they spent their PDAF (pork-barrel). “Unless they do that, ANAD maintains
that most of their pork-barrel funds were used to fuel the
communist-terrorists insurgency in the country,” Alcover pointed out. Also,
Alcover stressed, “There funds must be subject to auditing by the Commission
on Audit and the COA report be published in at least 3 national circulated
dailies,” he said.
ANAD calls on all of the
freedom-loving Filipino people to oppose and reject this new set-up in the
Lower House by joining forces and united in opposing the Moist
communist-terrorists CPP-NPA-NDF to include the leadership of the opposition
who had fallen into the trape webbed by the Godless communist terrorists.
LGU campaign for computer donations gains
support
By
Philippine Information Agency (PIA 8)
January
10, 2005
TACLOBAN CITY, Leyte
– The local government of Tanauan, Leyte’s drive to provide computer units
to the public schools in the locality by campaigning for computer donations
from the townsfolk who are now residing abroad or are financially better
off, is gaining more support.
Yesterday, Mayor Roque Tiu
together with Sangguniang Bayan Members Corazon Fiel, Cathy Kapunan, Edith
Gobenciong, Vic Badana, Quintin Octa and Dante Perez, accompanied Mr. and
Mrs. Heinz and Dolores (nee Perez) Backzco in turning over a brand new
computer set to the Tanauan School of Craftsmanship and Home Industries
located at Barangay Canramos.
This is the third computer
set turned over to the school since the campaign for computer donations was
launched on November 14, 2005. Mrs. Backzco is a from Barangay Malaguicay of
the town. She and her German husband now resides in Japan but they maintain
a house in Barangay Malaguicay.
Mayor Tiu who thought of the
project in support of President Gloria Macapagal Arroyo's thrust to give the
best education for all students, said it was not difficult to convince Mr.
Backzco to donate a computer set because he is well aware of the situation
in the public school as he regularly comes to Tanauan. Besides, Mr. and Mrs.
Backzco has always been helping in other projects of the municipality.
Mr. Marino Nellas happily
accepted the donation in the presence of the faculty members and the
students. He said that although he never doubted the capacity of Mayor Tiu
in being able to solicit computers, he never expected the answer of the good
Tanauananons to be that fast. He said that it only shows what the computer
technology could do, it makes the world smaller and time shorter.
He also expressed optimism
that the school will receive more computer sets in the near future because
he believes in the capability of the local chief executive. Besides, he said
that Mayor Tiu is known for his sincerity and hardwork.
The Tanauan School of
Craftsmanship is the only public high school in Tanauan with the least
number of computers. Kiling National High School has 10 computer sets which
Mayor Tiu solicited from the Rotary Club of San Mateo in California, USA.
The other high school, the Tanauan national High School has more than 20
units solicited from the Department of Trade and Industry and from the
Department of Science and Technology.
The solicitations for
computer sets is published in the town’s website. More generous Tanauananons
are expected to turn over their donations in the near future.
Governor Mila Tan