The present new administration is cognizant of the complaints of various irregularities and manifest illegal activities that have proliferated under the previous Administration, including those within the ranks of Bureau of Immigration (BI) officials/personnel. The Aquino Presidency precisely has been carried in the wings of a people’s hope for a clean government, and one which will deliver justice not just in the prospective, but in the retrospective as well, i.e., punish those guilty of corruption and other crimes committed by public officials during the past regime. This is the marching order of the present Secretary of Justice, and she will not start this march by upholding a predecessor’s decision to exonerate despite an official investigation’s findings and recommendations to the contrary.

Ms. Racel Ong’s accusations are not light fare for any government official accused of wrongdoing, and rather than serve as a reason to propose that the accused should not be dragged into the inconvenience of answering these charges in an administrative disciplinary case, it should be taken as an opportunity to give premium to acts of disclosure of government corruption by individuals possessing knowledge of the same.

This is not to mean that whistleblowers will be coddled. It simply means that they will be listened to and their stories fully heard before an impartial office, not cut off prematurely and sent to ignominy to face a life of ridicule and danger. While the accusations are not light fare for the accused to bear, neither is Ms. Ong’s act of exposing herself to the hostility engendered by her disclosures. The least we can do is give everyone a fair, just and open hearing, and not clear anyone of grave wrongdoing even before they have sweated out enough to raise a credible defense, aside from general denials and alibis. This is only what is expected of any decent and respectable government. ...Read more>>

Justice Secretary Leila M. De Lima said today that she has begun reviewing the records of the coup d’état case against Senator Antonio Trillanes IV pursuant to the directive of President Benigno C. Aquino III for the Department of Justice to thoroughly review it. It will be recalled that in an interview on Friday (16 July 2010), President Aquino expressed his opinion that the coup d’état charge brought against Senator Trillanes may need some looking into.

“We abide by the directive of the President,” De Lima said. “I am reviewing the records of the case and have consulted our prosecutors, especially those handling it before the court. The Department of Justice will submit its recommendation to the President after making a thorough review of the case. The President expects nothing less than a thorough review,” De Lima added.

The coup d’état charge against Senator Trillanes was brought about by the seizure of the Oakwood Hotel by a group of soldiers led by then Navy Lt. (SG) Trillanes in July 2003. The Department of Justice filed a case for coup d’état against Trillanes and 30 other soldiers. Both the prosecution and defense have rested their case before the Regional Trial Court, Branch 148, Makati City. They are due to submit their respective memoranda within thirty (30) days from receipt of the RTC’s July 12, 2010 Order. ...Read more>>

DOJ, Padre Faura. - Former Quezon City Police Director Magtanggol B. Gatdula took his oath of office today before Secretary of Justice Leila M. De Lima as the new Director of the National Bureau of Investigation (NBI).

"Our instructions from the President are clear: go after criminals regardless of status or position. Director Gatdula has our full support," said Secretary De Lima.

Gatdula, a lawyer, retired as head of the PNP Directorate for Information, Communication and Technology. He passed the 1984 BAR examinations and finished his law studies at the University of the East. He has a masters degree in Public Administration and a doctorate in Peace and Security Administration.

"I will ensure that the NBI, as a premier law enforcement agency of the DOJ, fulfills its mandate," said Director Gatdula. ...Read more>>

Justice Secretary Leila M. De Lima announced today the courtesy resignation tendered by Commissioner Marcelino C. Libanan of the Bureau of Immigration at the close of the formal turn-over ceremonies at the Department of Justice, Padre Faura, Manila attended by senior officials and heads of attached agencies.

"We thank Commissioner Libanan for his initiative and for his support for the new leadership. His contribution to the institutional growth of the Department and the Bureau is acknowledged," said De Lima.

Commissioner Libanan served for three (3) years and spearheaded innovative projects to expedite processes and to combat incidents of human smuggling and trafficking. He expressed confidence that the transition team is in place for the proper and smooth transition. ...Read more>>

Acting Secretary of Justice Alberto C. Agra recently approved the creation of the “DOJ Facebook” to link officials and employees of the Department nationwide – a first for a national government agency.

It is important “to harness technology to serve the ends of justice and to provide a timely, cost-effective and modern means of communication” said Agra. In Department Circular No. 28, he issued the necessary guidelines for access and monitoring to the website while stressing the need to maintain service standard excellence and to improve work productivity. Social networking sites are not allowed during office hours.

The DOJ offices in Padre Faura, Manila are now connected via WIFI technology. It continues to roll-out its information and communication technology (ICT) implementation plan for regional, provincial and city prosecution offices.

“This project is to provide a dynamic and interactive forum for the DOJ community”, said Assistant Secretary Geronimo L. Sy. “It also secures the uniform resource locator (URL) for the Department of Justice”, he said.

While site membership is initially for DOJ officials and employees, interested citizens may search “Department of Justice” and be part of the fan page. ...Read more>>

Justice Secretary Agnes VST Devanadera receives from Justice Undersecretary Jose Vicente B. Salazar a copy of the Implementing Rules and Regulations (IRR) of the Alternative Dispute Resolution Act of 2004 (ADR). Also in the photo are some of the members of the Committee of the Formulation of the ADR-IRR namely: Atty. Mario E. Valderrama, Atty. Victor P. Lazatin and Atty. Custodio O. Parlade (from left to right).

Manila, Philippines. - The Department of Justice launches today the Implementing Rules and Regulations (IRR) of Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution (ADR) Act of 2004.

By virtue of the publication of Department of Justice (DOJ) Department Circular No. 98, s. 2009 dated December 4, 2009 signed by Justice Secretary Agnes VST Devanadera, the IRR became effective fifteen days after it was published on December 16, 2009 or on December 31, 2009.

The official launch of the IRR today will be highlighted by the presentation of the main provisions of the IRR followed by perspectives from several ADR Stakeholders who likewise were members of the technical working committee that formulated the IRR namely Professor Annabelle T. Abaya, lawyers Victor P. Lazatin, Custodio O. Parlade and Mario E. Valderama. Justice Secretary Devanadera will deliver the keynote address.

With the implementation of the IRR, it will see the establishment of the Office for Alternative Dispute Resolution (OADR). Headed by an Executive Director, the OADR shall carry out the following functions: promote, develop and expand the use of alternative dispute resolution in the private and public sectors; monitor, study and evaluate the use by the private and public sectors of alternative dispute resolution; recommend to Congress needed statutory changes, and strengthen and improve alternative dispute resolution practices in accordance with international standards. Another function includes the formulation of alternative dispute resolution training standards for practitioners and service providers.

The IRR of the ADR has been promulgated to prescribe the procedures and guidelines for the implementation of the ADR Act. It is expected to promote party autonomy in out-of-court resolution of disputes, expedite speedy and impartial justice as well as declog court dockets.

It is widely acknowledged that alternative dispute resolution mechanisms are effective methods of resolving disagreements. These mechanisms will also enable parties to find creative solutions to their dispute. It is usually faster and less costly than ordinary court proceedings.

The launch of the ADR is aimed at increasing the awareness of people on alternative dispute resolution mechanisms and that an Office has been created to attend to such related matters.
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Justice Acting Secretary Agnes VST Devanadera commended today the office of Pasig City State Prosecutor Jacinto G. Ang for the successful turnout of their initiative to conduct a city-wide activity that resulted in the immediate disposal of 1,029 of pending cases in their respective courts.

Held last November 15-30, 2009, Writeshop aimed to reduce the number of cases that were pending before the sixteen (16) Regional Trial Courts and five (5) Municipal Trial Courts of Pasig City.

“Writeshop was really intended to wipeout or finish our backlog” said Ang on the 15-day long process where prosecutors were solely devoted into the writing of resolutions and resolving of cases.

According to Ang, the judges of the RTCs and MTCs supported the activity as they did not set cases for hearing during the said period to allow their office (OCP- Pasig) to conduct the activity. ...
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Justice Acting Secretary Agnes VST Devanadera formed a team of prosecutors to assist the Task Force against Media Killings to swiftly conduct an investigation into the beheading of civilians including members of media who were with a convoy of politicians and their supporters en route to file certificates of candidacy.

“I have ordered the creation of a panel to coordinate with the NBI to immediately conduct an investigation, and likewise ordered the prosecutors of North Cotabato to confer with the victims’ families for them to avail of the benefits under the Victim’s Compensation Program (Board of Claims) and closely coordinate with law enforcement agencies for the case-build up to ensure the expeditious prosecution of all those responsible for this atrocity,” Devanadera stressed.

“The Department of Justice shall expedite the investigation of these cases until the perpetrators are arrested, prosecuted and convicted,” she said.

The Task Force 211 Head Undersecretary Ricardo Blancaflor will join the DOJ-NBI team and proceed immediately to Maguindanao to supervise the investigation.

Fifty-seven people yesterday were beheaded and shot dead in a remote area in Ampatuan town in Maguindanao. The dead included the wife of a vice mayor, two lawyers and at least 12 reporters.

Reports had it that the military found at least 21 bodies after a band of more than 100 gunmen hijacked a group of supporters of the mayor who were about to file certificates of candidacy. Some of the bodies were buried, and a backhoe used for digging was still in the area when authorities arrived in the place of the incident.

The Department ordered today the filing of a criminal complaint against a husband and his concubine based on the deeds of properties where they described themselves as “spouses.”

In a resolution dated 21 October 2009, Undersecretary Linda Hornilla reversed and set aside the earlier decision of the San Pablo City Prosecutor’s Office dismissing the complaint filed by Elsa Magat against her husband Rodolfo and his mistress Liwayway Malinay for insufficiency of the evidence as she presented mere photocopies of documents to prove her husband’s concubinage.

“The fact that the complainant only submitted photocopies of the documents proving co-ownership of respondents of real properties should not have deterred the City Prosecutor of San Pablo City from finding probable cause against them, since the presentation of the originals of these documents may be done during the actual trial of the case,” Hornilla stressed.

The complaint against Elsa’s husband and his mistress was for concubinage and violation of R.A. No. 9262 (Anti-Violence against Women and their Children) for causing mental and emotional anguish, public ridicule and humiliation of the complainant and her children.

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The Department of Justice has recommended the indictment for syndicated estafa against Legacy Group of Companies owner Celso G. Delos Angeles, Jr. and twelve (12) officers who drained investors’ money in the estimated amount of Php 830 million pesos.

The resolution submitted by DOJ panel headed by SSP Emilie delos Santos included the following respondents liable for syndicated estafa under P.D. 1689 in relation to Art. 315 par. 2(a) of the RPC: Celso delos Angeles, Jr., Christine Anenor Cruz-Limpin, Namnama Pasetes- Santos, Carolina G. Hinola, Alexis S. Petralba, Roy Hilario, Bruce Rafanan, Virgilio A. Odejar, Arnel Sulquiano, Cresencio G. Wagas, Jr., Edgar U. Cando, Rolando Labrador and Alfredo Novo. Charges against Norman H. Tiongson, Zacarias Carticiano, Carmencita G. Cedo, Candy Buenaventura and Raniel Roque were dismissed for lack of probable cause.

The resolution stated “it can hardly be denied that the respondents’ action or inaction amounted to deceit and damage essential in the prosecution for the crime of estafa.” “It is indisputable that the Rural Bank of Dolefil Agrarian Reform Beneficiaries Cooperative, Inc. (DARBCI) failed to return the investments of the investors/depositors, hence it is undeniable that they suffered damage in the amount of their unrecouped investments,” it said. ...Read more>>

Six suspected fixers were arrested in entrapment operations conducted by the Task Force Anti-Fixers in East Avenue, Quezon City, the Civil Service Commission (CSC) reported.

The Task Force Anti-Fixers was organized by the CSC, Department of Justice, Presidential Anti-Graft Commission, Philippine National Police and the National Bureau of Investigation in a Memorandum of Agreement last May 29, 2009. The creation of the Task Force was pursuant to Republic Act No. 9485 or the Anti-Red Tape Act (ARTA) of 2007 to underscore the government's firm resolve in fighting fixing activities particularly in frontline services.

Gerry Valdez y Cruz alias Jojo, Ronaldo Sabulao y Lopez alias Boy, also known as “one man one stop shop” Carlo Parnazo y Colendres alias Loy, Mark Estrella y San Miguel alias Mark and Romeo Deocampo y Nengo alias Romy were apprehended at the Land Transportation Office (LTO) and Land Transportation Franchising and Regulatory Board (LTFRB) offices at 4 p.m. on September 17.
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The DOJ-DOE Task Force ordered two oil firms to appear and explain regarding their action to increase the prices of their products amid the call of the President to prevent unreasonable price increases.

The executives of Seaoil and Shell Philippines were asked to appear before the Task Force on October 19, 2009 at 3 p.m.

The two firms were to submit relevant documents pertaining to their oil inventory from September 14, 11, 18, 25, 26 and 27, 2009 and October 2, 9 and 12, 2009 as well as sales of their products sold to dealers in the areas affected by the price adjustments; cash disbursement books for the transportation, refining and storage; purchase orders for transportation; delivery receipts; sales invoices; logs and records; computation of cost incurred and several other papers and documents related to the processing of oil and its end products.

The President previously ordered DOE Secretary Reyes and the DOJ to exercise relevant powers under R.A. No. 8479 to respond to the emergency situation brought by two typhoons that hit Metro Manila and other provinces in Luzon.

R.A. No. 8479 allows the DOJ-DOE Task Force created to conduct inquiry into predatory and unreasonable pricing, cartelization, among others, which oil industry players may resort to. ...Read more>>

Beware philandering men, this is for you.

The Department has recommended the indictment of a married man who impregnated a woman, partly gave financial support and then disowned to be father of a child.

In a resolution signed by Acting Justice Secretary Agnes VST Devanadera, criminal charges for violation of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) were recommended to be filed against Reynaldo Masalunga, a member of the Philippine Air Force (PAF). The respondent, if found guilty, could serve an imprisonment for prision correctional (6 months 1 day to six years)

“Respondent’s withdrawal of financial support to the complainant and his child constitute economic abuse,” the resolution stated. It said respondent’s contention that “he is not the biological father of the child, hence, he is not under obligation to support her (the child), is evidentiary in nature truth which can be passed upon only after a full-blown trial on the merits.”

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Anyone who assumes an alias without court approval, this is for you.

The Department recommended today criminal charges against an individual who used an unauthorized assumed name without having a court approval.

In a resolution signed by Undersecretary Ernesto Pineda, he modified a resolution of the Quezon City Pros. Office which has previously dismissed the complaints for concealing true name and violation of Anti-Alias Law filed against respondent Josefina Bersamina Layco a.k,a. Josephine ABL Vigden.

Usec Pineda stated that “the respondent has failed to prove that she used the name(Josephine ABL Vigden) as a pseudonym for literary, cinema, television, radio or other entertainment purposes and in athletic events”. While her name as appearing in the certificate issued by the office of the local civil registry is Josefina Bersamina, “the use of name (Josephine ABL Vigden) has not been authorized by a competent court”, the resolution stressed.

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