Petisyon ng dalawang baguhang LP para sa Kongreso binasura

LP neophytes lose their bid for House seats BY RAPPLER.COM

DISMISSED. The Supreme Court denied the petitions of Liberal Party neophytes Toby Tañada and Regina Reyes. File photos

MANILA, Philippines - The Supreme Court dismissed on Tuesday, October 22, the cases involving twoLiberal Party (LP) neophytes fighting for their seats in the House of Representatives.

Voting 5-4, the SC en banc denied the petitions filed by winning Marinduque Rep Regina “Gina” Reyes and defeated Quezon congressional candidate Wigberto “Toby” Tañada Jr to claim the congressional seats they vied for in the May midterm elections.

The Commission on Elections disqualified her for failing to renounce her American citizenship only a day after the May 13 midterm elections on grounds that she is an American citizen and had failed to comply with the one-year residency requirement.

Prior to the disqualification, Reyes — daughter of incumbent Gov Carmencita Reyes — defeated reelectionist Rep Allan Velasco, son of SC Associate Justice Presbitero Velasco Jr, by a lead of around 4,000 votes.

The SC affirmed its earlier June 25, 2013 decision, prompting Reyes to accuse the senior Velasco of “wielding his influence” to make the tribunal uphold her disqualification to favor his son.

SC spokesman Theodore Te told a press briefing that the June 2013 ruling dismissed the petition for reconsideration for its "failure to show grave abuse of discretion" on the part of the Comelec. The court ruling affirmed the Comelec decision which, in effect, disqualified Reyes from running in the May 2013 elections.

The decision, penned by Associate Justice Jose Perez, was concurred in by Justices Teresita De Castro, Roberto Reyes, Bienvenido Reyes, and Chief Justice Ma. Lourdes Sereno. Dissenters included Associate Justices Marvic Leonen, Arturo Brion, Martin Villarama, and Senior Associate Justice Antonio Carpio. Five justices did not take part in the proceedings, including Associate Justice Velasco himself.

Tañada too

Meanwhile, the SC denied the petition of Tañada which challenged the proclamation of rival Angelina "Helen" Tan.

The court explained that since Tan had already assumed office, the case should be forwarded instead the House of Representatives Electoral Tribunal (HRET).

On June 29, the Comelec granted Tañada's petition to credit to him the votes cast for a disqualified bet that shared his surname and nullify Tan's proclamation.

Tañada got 80,698 votes, while Tan got 84,782 votes. Alvin John Tañada, who was disqualified after his name was printed on the ballots, garnered 7,038 votes.

Despite the Comelec ruling, Tan was sworn into office on the same day by a Regional Trial Court judge.- Rappler.com

Fertilizer scam. Basta alalahanin ang 2008 COA at Ombudsman report na ito matapos ang Senate inquiry

Galing sa abs-cbnNEWS.com, Newsbreak

 "...it was a scam, the Ombudman is finally acting on the P732-million fertilizer scam that could drag almost half of the entire Congress to the mess.

For starters, four House members, two of them still incumbent, have been recommended for indictment for their participation and collusion in the fertilizer fund mess, which was released shortly before the campaign in the 2004 national and local elections.

A Senate inquiry has found that the money was diverted to Malacanang allies for election purposes. Indicted are Quezon City Rep. Nanette Daza, Marinduque Rep. Carmencita Reyes, former Batangas Rep. now Lipa City Mayor Oscar Gozos and former Malabon-Navotas Rep. Federico Sandoval for illegal use of public funds or technical malversation.

In a report dated 9 July 2008 but released only today (Nov. 10), they were found by the Ombudsman’s Field Investigation Office (FIO) to have misused the funds allocated them under the Ginintuang Masaganang Ani (GMA) program in 2004.

COA report (in 2008)

Based on the FIO report, Daza, Sandoval and Gozos received P3 million each from the fertilizer fund while (Carmencita) Reyes got five million.  The money was supposedly used in purchasing shredding machines and other implements.

But the Commission on Audit noted that the machines were not among the list of farm implements provided for in the GMA program. The shredding machines were all purchased from LCV Design and Fabrication Corp by the agriculture department’s Regional Field Unit IV through direct contracting, where no elaborate bidding is required as the supplier is simply asked to submit a quotation.

As a result, COA found out there was an overprice amounting to P2.75 million. “Moreover, when the COA inspected the equipment, it found out that eight of the 14 implements were not functioning.”

In indicting Daza, Sandoval, Gozos and Reyes, the FIO report said the questionable transactions were facilitated with their letter of endorsements to the DA’s regional executive director. “This clearly shows that the named public officials had a direct hand in the questioned transaction,” the report said.

The report also pointed to irregularities in the liquidation of the amounts paid to LVC which the House members did not properly observe. As such, “the whole procurement process was tainted with serious irregularities which could not have been done without the collusion between and among the public officials/employees and supplier concerned.”

The FIO report was submitted by graft investigation officer Eugenio Ferrer and approved for preliminary investigation by Assistant Special Prosecutor Caesar Asuncion.

Group seeks Marinduque gov's suspension for graft

Group seeks Marinduque gov’s suspension for graft

• Written by  Benjamin B. Pulta 
• Monday, 16 September 2013 08:00

• The Daily Tribune

Ombudsman Conchita Carpio-Morales has been urged to ask the Sandiganbayan anti-graft court to suspend Marinduque Gov. Carmencita Reyes, a Liberal Party ally, on two criminal cases involving P5 million filed in 2011 in connection with the P728-million fertilizer fund scam released by the government nine years ago.

In a letter sent to Carpio-Morales, the Marinduque Reform Movement (MRM) said the two criminal cases against Reyes were filed on March 18, 2011 by Aleu Amante, head of the special Ombudsman panel that investigated the fertilizer fund irregularities.

Jose Andres, head of MRM, said that Reyes was charged with illegal use of public funds and malversation and violations of the Anti-Graft and Corrupt Practices Act.

Andres said that despite the filing of the criminal complaints before the Sandiganbayan, the Office of the Ombudsman has not moved for the suspension of Reyes under the anti-graft law, Republic Act 3019, or acted to have the cases set for hearing.

He said that RA 3019 provides that “any incumbent public officer against whom any criminal prosecution under a valid information under this act... pending in court, shall be suspended from office.”

“What is perceived by us is that your (Morales’) office has not made earnest efforts to ask for the suspension of Reyes because she is a member of the Liberal Party and since you were appointed by President Aquino who is the titular head of the Liberal Party, then you are protecting Reyes. It appears to us that you are biased in favor of Reyes and this is double standard on your part as you are only aggressive when you prosecute people who are perceived to be opponents of President Aquino,” Andres said in his letter to Morales.

He said that he would not like to believe that “you (Ombudsman Morales) are biased in favor of the Liberal Party, like Reyes, just because President Aquino appointed you.” The first criminal case against Reyes involves “the diversion/conversion of the amount of P5 million which forms part of the P728-million fertilizer fund released by the Department of Budget and Management.”

“The diversion/conversion is from the intended purchase of fertilizer to the purchase of one shredding machine, one unit Hammermill/shifter, one unit Pelletizer and one unit Tornado British Chipper/Shredder from LCV Design and Fabrication Corp. which equipment purchase was not in accordance with the purpose for which the fund was appropriated,” he said.

Andres also said in his letter that Reyes was also charged with violation of Section (e) of RA 3019 because “the award of the purchase of the machines for P5 million was without the conduct of public bidding as the supplier is not the exclusive distributor of said equipment.”

Both criminal cases against Reyes “were filed on March 18, 2011 and after two years and six months... your office has not initiated or filed a motion to set the two cases for hearing on the validity of the two informations (criminal charge sheets) for the purpose of suspending Reyes under RA 3019,” he added.

Mula sa peryodikong U.S. na Philippines Today tungkol sa disqualification

http://www.philippinestodayus.com/news/national/american-elected-congresswoman-of-marinduque-disqualified-by-sc/

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‘American’ elected congresswoman of Marinduque disqualified by SC

Updated by: bongNational NewsJul 2, 2013

MANILA - the Supreme Court (SC) has upheld the decision of the Commission on Elections (Comelec)  to disqualify Marinduque Congresswoman-elect Regina Ongsiako Reyes for being an American citizen.

The High Court voting 7-4-3 ruled to dismiss for lack of merit the petition for certiorari filed by Reyes who sought to stop her disqualification.
Siding with Associate Justice Jose Perez who wrote the decision were Chief Justice Lourdes Sereno, Teresita Leonardo-De Castro, Mariano del Castillo, Lucas Bersamin, Roberto Abad and Bienvenido Reyes.

Four of the justices who dissented in the ruling were  Antonio Carpio, Arturo Brion, Marvic Mario Victor Leonen and Martin Villarama. Three justice inhibited from the case. They are Justices Jose Catral Mendoza, Estela Perlas-Bernabe and Presbitero Velasco who recused himself from the case since his son, incumbent Marinduque Rep. Lord Allan Velasco, is the opponent of Reyes in the May 2013 polls.

It will be recalled that last May 2013, Comelec ruled with finality that Reyes is disqualified because she is an American citizen.In a four-page Resolution of the Comelec en banc, promulgated on May 14, it junked the motion for reconsideration filed by Reyes.
Comelec has brushed aside the defense of Reyes that she is a dual citizen of the Philippines and of the US due to her previous marriage to Saturnino Ador Dionisio.

Reyes claimed that she got her US citizenship by virtue of her marriage to a US citizen, However she denied having undergone naturalization.
In the ruling dated March 27, 2013, the Comelec First Division held that Reyes is a US citizen and is therefore disqualified from running for a seat in the House of Representatives in the May 13, elections.

The case stemmed from a petition filed by Joseph Tan to deny due course to or cancel Reyes’ certificate of candidacy on the basis of several false representations made by Reyes in her CoC.

The poll body pointed out that Reyes is a US citizen and relied on the certificate issued by the Bureau of Immigration detailing Reyes’ use of a US passport since 2005.

Diniskwalipika na ng Korte Suprema si Regina Reyes ng Marinduque

Regina Ongsiako Reyes

Representative-elect Reyes ng Marinduque, diniskuwalipika ng SC

by Teresa CarlosJun 25, 2013 2:38pm HKT

DINISKUWALIPIKA ng Korte Suprema ang nanalong kandidato sa pagkakongresista ng Marinduque na si Regina Ongsiako Reyes.

Sa idinaos na en banc session ng Korte Suprema, ibinasura nito ang petition for certiorari na inihain ni Reyes kung hiniling nito na pigilan ang ginawang pagdisqualify sa kanya ng Comelec sa pagtakbo sa nakalipas na eleksyon.

Sa botong 7-4-3, mayorya sa mga mahistrado sa pangunguna ni Justice Jose Perez ang nagsabing walang naging pag-abuso sa panig ng Comelec.

Apat sa kanila ang nagsabi na dapat atasan muna ang Comelec na magkumento sa petisyon bago desisyunan ang kaso, habang ang tatlong iba pang mahistrado ay nag-inhibit kabilang na  sina Justices Jose Mendoza, Estela Perlas-Bernabe at Presbitero Velasco.

Si Velasco ay tatay ni Incumbent Marinduque Rep. Lord Allan Velasco na nakalaban naman ni Reyes sa eleksyon.

Nuong Mayo, pinal na nagdesisyon ang Comelec na idiskwalipika ang kandidatura ni Reyes dahil siya raw ay American Citizen.

Nakalink sa http://www.remate.ph/2013/06/rep-elect-reyes-ng-marinduque-diniskuwalipika-ng-sc/#.Ucus2zvAf3s

Lolang governadora sa Marinduque maga-ochenta y cuatro (84) na

Hindi bababa sa isang dokumento na nagapatunay na ang governadora ng Marinduque ay mag-ochenta y cuatro (84), anyos sa tang 2013, dahil ipinanganak ito noong 1929. Ito ay kung maaring paniwalaan ang isang birth certificate na pirmado mismo ng governadora, tingni sa ibaba ang kopya.

Taliwas naman ito sa ibang opisyal na pahayag at opisyal na gamit ng governadora na nagsasabing siya ay ipinanganak daw sa taong 1931. Taliwas din ito sa inasabi ng mga kasasabay niyang pulitika sa Marinduque na mas matanda pa raw sa 84 ang governadora. Lampas daw ng walumpu't apat.

Birth certificate pa laang ay sakit na ng ulo mandin sa Marinduque, ano? Pero kung atuusin talaga ay kahit sa Vatican ay bawal na bumoto man laang ang mga Cardinal basta makarating sa edad 80. Sila ay inagawang daw tagamasid pampurok na laang.

Kaya naman pala sa Kapitolyo ng Marinduque ay marami ang governador at governadora. Kasama na ang anak na si Regina O. Reyes na sa usapin pa laaang ng kapanganakan ay katulad ng kapareho. Si Regina O. Reyes ay nananatiling "Executive Assistant for Information & Public Relations sa Provincial Governor's Office". Kahit naman ito ay labag sa mga patakaran ng COMELEC ay walang pakialam ang mag-ina dahil tila para sa kanila SILA ANG BATAS at hindi ang batas ng Pilipinas, intindiha. 

Parang ahas na tulug-tulugin daw naman ang mga Marinduqueno wari daw ngani na parang hindi alam ang bawal at hindi bawal. Awan laang. Baka naman hindi laang nagasalita muna at sa huli ay maga-alsa.

Bulok na dinastiyang pamilya

Bagong Simula Kontra Dinastiya ng Marinduque

Bagong Simula

Nakapasok na tayo sa panahon ng Pagbabago. Bagong Simula. Panibagong panahon ng Kaliwanagan.

Panahon ng pagtanggap sa sariling kakayahan na maibalik na sa atin ang dati nang nasa atin pero ipinagkait pa: ang ating Dignidad bilang mga Tao.

Hindi na tayo mapayag na paalipusta sa mga mapanglinlang, mga bulaan at mapang-aping mga namumuno o gustong mamuno. 

Tapos na ang panahon ng mga mapaniil. Mabangon tayong Magkakapit-bisig laban sa mga kampon ng mga ganid para isulong naman ang ating Karapatang mabuhay sa isang Malaya at Makatarungang Bayan.

Dumating na ang panahon. Ang timbangan ay nakakiling na para sa mga mamamayan. Ngayon na ang panahon para ipamulat sa lahat na ang Kapangyarihan ay Nasa Tao na Ngayon. 

Putulin na ang Kadena. Itigil na ang Political Dynasties.

Ipakulong na ang mga sangkot sa Fertilizer Scam - Sen. Jun Magsaysay

Kinalampag ni dating senador Ramon “Jun” Magsaysay ang SANDIGANBAYAN para aniya ay ipakulong na ang mga responsible sa fertilizer scam na naglimas ng salapi ng bayan noong 2004 elections. Si Magsaysay ay kandidato ng Team Pnoy ng administrasyong Aquino. Si Magsaysay ang nanguna sa pag-imbestiga ng fertilizer scam noong 2005 at 2006.

Si Gobernador Carmencita Reyes ng Marinduque ay isa lamang sa mga nauna ng sinampahan ng kaso sa Sandiganbayan hinggil sa anomalyang ito. Ka-alyado naman ni Pnoy sa partido ang tambalang mag-inang Reyes, sina Regina Reyes sa Kongreso at Carmencita Reyes sa pagka-gobernador. Noong nakaraang pagdiriwang ng EDSA 2013 ay sinambit naman ni Pnoy ang ganito: 

"Mulat po ako: May kakaharapin pa tayong mga suliranin, at hindi pa rin nga po nauubos ang mga balakid sa ating tuwid na daan. Malinaw po, nariyan pa rin ang mga nakinabang sa nakaraang status quo", ani Pnoy. 

Ang bilyong pondo ng bayan na para sa mga magsasaka dapat ay pinadaloy lamang sa mga ghost private foundations at kumpanya, at ginamit lamang para sa pangangampanya noong 2004 elections ayon sa mga report.

Sandigan urged to finally decide on 

fertilizer fund scam

Link ·         Written by  Angie M. Rosales, Saturday, 16 February 2013

CARMONA, Cavite — Compared to the time he came out with the Senate committee report on the P2.8-billion fertilizer fund scam, the period in which President Aquino’s appointee, Ombudsman Conchita Carpio-Morales, elevated the case before the Sandiganbayan, seems to be longer insofar as waiting time is concerned on securing justice for hundreds of farmers deprived the government funds due them, former Sen. Ramon “Jun” Magsaysay Jr. said yesterday.

Magsaysay, a senatorial candidate of the administration’s Team PNoy, called on the Sandiganbayan justices to act on the case and finally put behind bars those responsible in raiding the government’s coffers during the 2004 presidential elections.

Magsaysay spearheaded the Senate investigation between 2005 and 2006, being at the helm then of the committee on agriculture and food and came out with a report saying that former President and now Pampanga Rep. Gloria Arroyo should be held accountable for the mismanagement of the funds intended for poor farmers.
The said amount was reported to be diverted to the political allies of Arroyo, allegedly channeled to ghost private foundations and companies, and eventually ended up being part of the so-called war chest or campaign kitty of the previous administration during the 2004 national polls.

Basahin din: Pagmumulto ng Fertilizer Scam sa Lanao del Norte at Marinduque

Detalye ng Kaso ni Carmencita O. Reyes sa SANDIGANBAYAN, Basahi

"committing the offense in relation to their office, taking advantage of their official positions, conspiring, confederating and mutually helping one another..."

"willfully, unlawfully and feloniously allow/cause the diversion/conversion of the said P5,000,000.00 fertilizer funds..."

"there is sufficient ground to engender a well-founded belief that the crime charged has been committed..." 

Republic of the Philippines

SANDIGANBAYAN

Quezon City

PEOPLE OF THE PHILIPPINES,, Plaintiff vs CARMENCITA O. REYES, Former Governor, Marinduque now Representative, Marinduque

ET AL

Criminal Case No. SB11CRMO113

For: Illegal Use of Public Funds/Technical Malversation

INFORMATION

The undersigned Graft Investigation and Prosecution Officers, Office of the Ombudsman, and members of the Special Panel, per Office Order Nos. 105 and 253, series of 2008 and 2010, hereby accuse CARMENCITA O. REYES, (et al), of Illegal Use of Public Funds/Technical Malversation, defined and penalized under Article 220 of the Revised penal Code, committed as follows:

That from the period covering 30 April to 08 December 2004, or for sometime prior or subsequent thereto in Quezon City, Philippines, and within the jurisdiction of this Honorable Court, accused CARMENCITA O. REYES, a high ranking public officer being then the Governor and now the Representative of the Province of Marinduque,  (and others), respectively, and as such is responsible / accountable for the P5,000,000,000.00 which they received from DA Central Office by reason of their office, which amount is part of the P728 Million Fertilizer Fund released by the Department of Budget and Management to the Department of Agriculture under SARO No. E-04-00164 dated February 3, 2004 and allocated by Republic Act No. 8435 otherwise known as the “Agricultural and Fisheries Modernization Act (AFMA) for the purchase of fertilizer by the identified beneficiaries/proponent in different regions of the country in line with the “Ginintuang Masaganang Ani program” of the Department of Agriculture, while in the performance of their official functions and committing the offense in relation to their office, taking advantage of their official positions, conspiring, confederating and mutually helping one another, either by awarding the transaction to LCV Design and Fabrication Corporation through Bids and Awards Committee Resolution No. 290, dated 30 April 2004, signing, certifying, or approving, Purchase Request 119-01, dated 05 May 2004, Disbursement Voucher Nos. 2004-07-2941, dated 30 July 2004, and 2004-12-6056, dated 08 December 2004, and Check Nos. 270843-CL, dated 30 July 2004, or accepting the items delivered by LCV Design and Fabrication Corporation, did then and there willfully, unlawfully and feloniously allow/cause the diversion/conversion of the said P5,000,000.00 fertilizer funds for the purpose for which was intended , i.e. purchase of fertilizer, by purchasing, upon request/inducement of accused Reyes, and in fact she received, one (1) unit Shredding Machine, one (1) unit Hammermill/Shifter, one (1) unit Pelletizer and one (1) unit Ternade British Chioper/Shredder from LCV Design and Fabrication Corporation, without the benefit of public bidding and knowing fully well that the equipment purchase was not in accordance with the purpose for which the fund was appropriated under Republic Act No. 8435, to the damage and prejudice of the government in the aforementioned amount.

CONTRARY TO LAW

Quezon City Philippines, 18 March  2011.

SPECIAL PANEL

Per Office order No. 105, Series of 2008.

(Signed)

ALEU A. AMANTE

Graft Investigation and Prosecution Officer III, Acting Director/Panel Chairman, MCLE Compliance No. III-0005931 Dated November 6, 2009.

Members:

(Signed)

BONIFACIO G. MANDRILLA

Graft Investigation and Prosecution Officer II, MCLE Compliance No. III-0002574, Dated March 10, 2009.

(Signed)

ARMANDO S. SANCHEZ, JR.

Graft Investigation & Prosecution Officer III, MCLE Compliance No III-0005997, Dated June 6, 2009.

(Signed)

MA. CONCEPCION A. BILLONES

Graft Investigation and Prosecution Officer I, MCLE Compliance No. III-0004960, Dated October 5, 2009.

Bail Bond Recommended: P30,000,000.00 each.

Witnesses:

1.       Eugenio G. Ferrer, Associate Graft Investigation Officer I

2.       Flerida A. Jimenez, State Auditor V

3.       Emma T. Regino, State Auditor III

4.       Marina Casanova, State Auditor III

5.       Erlinda M. Adams, State Auditor II

6.       Agnes Luistro, State Auditor I

7.       Valentin P. Acasio, Senior TAS

8.       And others.

CERTIFICATION

This is to certify that a preliminary investigation has been conducted on this case, that there is sufficient ground to engender a well-founded belief that the crime charged has been committed; and that the accused is probably guilty thereof.

Quezon City, Philippines, 18 March 2011.

ALEU A. AMANTE

Panel Chairman

Subscribed and Sworn to before me this 14^th day of APRIL 2011 at Quezon City, Philippines.

(Signed)
Administering Officer

APPROVED:

MA. MERCEDITAS N. GUTIERREZ, Ombudsman

(The Ombudsman inhibited in this case (Per Memorandum dated April 12, 2011)

APPROVED:

(Signed)

OPRLANDO C. CASIMIRO

Overall Deputy Ombudsman

April 14, 2011.