The case, docketed as
Spl. Civil Case No. 36 for Mandamus, was received by the Office of the
Clerk of Court of the RTC’s Branch 41 in Gandara, Samar on March 26,
2010.
Acting on the petition
filed by Roque L. Limse, Luis Padol, Renato B.Basal, Ruel C. Aying,
Catalina M. Saises and Evelyn B. Domingo, the Court has ordered Samar
Gov. Milagrosa T. Tan, the respondent, to file her answer five (5)
days immediately after the service of the said summon.
Based on the petition,
on January 7, 2010, the Sangguniang Panlalawigan of
Samar enacted
Ordinance No. 12-28, series of 2010 appropriating the amount of P25
Million for the payment of the grant of the Productivity Enhancement
Incentive (PEI) for the Fiscal Year 2009 of all provincial government
employees of the Province of Samar at P25,000 each, pursuant to DBM
Budget circular No. 2009-5, dated December 15, 2009.
Accordingly, the said
ordinance was deemed approved pursuant to the provision of Section
54(b) of RA 7160, otherwise known as the Local Government Code of
1991, considering that Hon. Milagrosa T. Tan did not either veto it or
return it to the Sangguniang Panlalawigan within fifteen (15) days
from its submission to her for approval.
Furthermore, the
petitioners assert that Ordinance No. 12-28 has not been either
repealed or nullified by any proper court or any government office or
entity, thereby its validity and affectivity for all legal intents and
purposes are obviously beyond doubts.
Likewise, their claim
was reinforced by the issuance of a certification as to the
availability of funds by the Provincial Treasurer. It was learned that
the corresponding vouchers and checks has been signed and approved for
the release of funds from the Landbank, Catbalogan. However, the
records showed that Gov. Tan refused and failed to sign and approve
the same checks, notwithstanding that the payment of the subject
PEI
benefits are authorized under a valid and effective ordinance and
funds are available.
On these accounts, the
petitioners have no option left to speedily demand and receive the PEI
payments as a right, but the instant petition for mandamus.
In the same suit, the
petitioners believe that the respondent’s acts were unjustified,
capricious, whimsical and deliberate. In the end, they prayed that a
Writ of Mandamus be issued to Gov. Tan to immediately pay them the PEI
mandated in Ordinance No 12-28, the amount of P60,000 as attorney’s
acceptance fee and the cost of suit.
With the case
already filed in a proper venue, the ACES has temporarily refrained
from holding more protest actions. Mass rallies were held in Calbayog,
Basey and Catbalogan a few weeks ago. The same street protests that
demanded for better services and a transparent leadership from the
Tans, were given massive support by the Samareños.
Rights group slams
military’s circus of retaining custody of the Morong 43 political
detainees!
By KARAPATAN
April
10, 2010
MANILA – The human
rights group Karapatan strongly denounces the scripted show that the
military of the 2nd Infantry Division of the Philippine Army and the
Philippine National Police have concocted and executed in the supposed
“transfer” of the Morong 43 political detainees from Camp Capinpin to
the PNP Custodial Center in Camp Crame.
It was the most cruel
show in the land, with the Philippine Army going through the motions
of bringing the detainees in buses (shattering their often-cited
reason of not having resources for failing to bring the detainees to
the hearing of the CA or the CHR) complete with escorts, parading them
at the grounds of the Camp Crame only to be hustled back to Camp
Capinpin, and the relatives who were happily looking forward to seeing
and holding their loved ones were left holding empty air and in tears!
A closer look into the
events of the past two days will show that these government entities –
the Philippine Army and the PNP – have mounted a successfully-executed
“operation” of thwarting the long-overdue transfer of the political
detainees to a regular custodial facility away from the clutches of
the military.
On April 7, the Morong
court issued an order transferring the political prisoners from Camp
Capinpin to the PNP facility in Camp Crame. It was not implemented by
the Camp Capinpin authorities on April 8, citing reasons of lack of
buses or escorts, but in fact, allowing time for the PNP in Camp Crame
to “file” the PNP’s own motion to the Morong court in the afternoon of
April 8, saying that they don’t have facilities to accommodate the
Morong 43 political prisoners. Yesterday, a holiday, these state
security forces made a mockery of their own brand of law by executing
the most cruel circus in the land.
Yesterday’s show bears
out that the the military and the
PNP can squander precious government resources and make a
mockery of the laws just so their own plan can be executed, their
“will” can be imposed on the citizenry and show to the public that
they are the bosses (because they have the guns and they say so).
Yesterday’s show
emphasizes to the public that the military is bent on “retaining
custody” of the Morong 43 political prisoners in keeping with their
operative implementation of the counter-insurgency program Oplan
Bantay Laya, which this government is determinedly set on implementing
to supposedly “end” the insurgency this year. Yesterday’s circus
indicates that the government is set to commit more human rights
violations against persons and groups who serve the most marginalized
sections of society and whom the authorities simply declare, vilify
and consider “enemies of the state, communists or sympathizers, if not
outright members of rebel groups.” Without clear evidences and in
spite of hilarious testimonies these authorities declare during open
inquiries (as in the CHR hearing on March 18), the military just
repeats over and over the malicious labeling of these political
prisoners as “members of the NPA” without any solid proof.
This is the line
adopted and openly declared by now DND chief Norberto Gonzales to
members of the diplomatic community (wherein the military attempted to
scare the diplomats by saying that Filipino communists are exporting
“cadres” to other countries, while saying over and over again that the
military has “crushed and made the communists ‘inconsequential’ in the
Philippines”). This goes to show who the authors of this malevolent
program are, with the tolerant acquiescence of the chief executive who
is also the Commander-in- Chief who wouldn’t like to relinquish her
seat.
The government’s
handling of the Morong 43 issue must alarm everyone in this country.
The CBCP statement correctly points this out thus, “The illegal arrest
and continued detention of the Morong 43 in a military facility
represent serious threat to the civil liberties of the Filipino
people.” AND if there is no place where the Morong 43 political prisoners
can be temporarily transferred, we therefore reiterate our call:
FREE THE MORONG
43!
Reference: MARIE HILAO-ENRIQUEZ, Chairperson
Samar experienced only
water stress not El Niño said Provincial Agriculturist
By NINFA B. QUIRANTE
April
10, 2010
CATBALOGAN CITY –
Provincial Agriculturist Anita Taran denied earlier reports that
Samar province experienced the weather phenomenon El Niño.
In a radio program
aired at Paradise FM, at the 34th Infantry Battalion, Philippine Army,
Barangay Erenas, San Jorge, Taran explained to PIA (program host) that
the four to six weeks without rain in Samar province is just a
condition called water stress.
“If you travel from
Calbayog to Basey, all you see is still green, it will be different
with El Niño,” she stressed.
Taran recalled the
drought in 1997 which she considers then a ‘real’ El Niño.
The pretty lady
agriculturist proudly beamed that this cropping season,
Samar even recorded an increase in rice production being only
second to Leyte
province.
She pointed out data
from the Samar Bureau of Agricultural Statistics (BAS) headed by Zalde Anacta that from a production of last
year’s the same given period from January to March with some 28,059
metric tons to this year, with the same period of some 30,201 metric
tons.
Taran though admitted
that some crops were damaged, but justified so because they planted
late, thus the dry spell catching up.
“For most farmers, who
planted early, the dry spell coincided with the drying schedule so
that the palay is dryer and the quality is better’” the agriculturist
beamed.
Taran expressed
appreciation for Samarnon farmers who have labored through the years.
“Not only is our
production increasing but so with yield per hectare“, she said.
Comparing two similar
periods January to March last year and this year, yield per hectare
increased from 2.11 to 2.27 metric tons.
“The increase may
not be very much but it is still an increase“, Taran concluded.
(PIA-Samar)
All is set for 7th
National Skimboarding Open in Leyte's Tanauan
town
By Philippine Information Agency (PIA 8)
April
10, 2010
TACLOBAN CITY – All
is set for the 7th National Skimboarding Open Competition at the
country’s Skimboarding Capital, Tanauan, Leyte.
The 7th Skimboarding
Open Competition promises to be bigger as it is being sponsored by the
An Waray thru Congressman Bembem Noel, the Provincial Government of
Leyte thru Governor Carlos Jericho Petilla and the local government of
Tanauan, Leyte, Mayor Roque Tiu informed.
Mayor Tiu said that
the Open Competition is scheduled to open on Saturday, April 10 at the
Bantay Dagat Area, Barangay Sto. Niño, in Tanauan.
The Grand Opening will
start at 1:00 o’clock in the afternoon with guests which include Ms.
Kris Aquino, Congressman Bembem Noel, Governor Petilla and others,
Mayor Tiu disclosed.
Aside from
skimboarding, other sports like Coastal Adventure Race, wall climbing,
and Rumba Bugsay will also be conducted as added attractions.
In the evening of
April 10, the guests and participants will be treated to a welcome
dinner. The Party which will follow after dinner will be accompanied
by live guest band from Manila.
The 7th National Skim
Open will go on up to April 13, Mayor Tiu said. Every night,
presentations such as the San Miguel Beer Night and Bikini Open will
be featured, and everyday, wall climbing will also be available for
the enthusiasts.
The Awarding Ceremony
and Fire Works Display will be conducted on April 13, at about 7:00
o’clock in the evening. This will be followed by a Party with guest
band from Manila.
Mayor Tiu said that
the activities for the 7th Skimboarding Open started on Easter Sunday,
April 4 with a whole day activities and band presentation at 7:00
o’clock in the evening.
Since April 4, nightly
activities such as the Hip Hop Dance Competition, Band Presentations,
Icot’s IDOL Solo Talent with Bands, and Pepsi Night, have been held at
the Skimboarding Area. Food kiosks are also available for those who
want to satisfy their gustatory needs.
Mayor Tiu said that
the National Skimboarding Competition is the town's contribution to
President Gloria Macapagal-Arroyo's thrust of making the Central
Philippines Super Region as the Tourism Capital of the Philippines.
The public is
invited to witness and participate in the event which is becoming a
tourist-attracting activity in the Region.
DENR underscores
partnership with GEP
By PURIFICACION S. DALOOS
April
8, 2010
TACLOBAN CITY – The
Department of Environment and Natural Resources underscored the
Geodetic Engineers of the Philippines (GEP), Inc. Eastern Visayas
Division, as an important partner in carrying out the department’s
mandate of environmental protection and natural resources
conservation.
In its 35th Annual
Regional Convention held last March 25-26, 2010 at the Asia Convention
Center, DENR Regional Executive Director Primitivo C. Galinato Jr.,
stressed that the Department has always been counting on the expertise
of geodetic engineers (GEs) in land surveying. “Geodetic engineers’
role in surveying, mapping and cartography helps us in our actions and
decisions towards the management and disposition of public lands,” RED
Galinato says.
In his keynote
address, RED Galinato disclosed important milestones in land
disposition such as the signing into law of RA 10023 – An Act
authorizing the issuance of Free Patents to residential lands by Pres.
Gloria Arroyo. “With this law, landowners will no longer go through
the long process of titling through judicial proceeding or buying
their land from the government through sales patent,” he says.
Also, recognizing that
professional merit is necessary in addressing environmental issues
such as climate change, RED Galinato urged the geodetic engineers to
be champions of the environment. “GEs could be instruments in bringing
about tangible changes that will save our planet and make it safe and
secure for generations to come,” he quips.
Finally, RED Galinato
lauded the association for providing services for one of the most
important social and economic asset, land. As partners, he urged the
geodetic engineers to continue demonstrating competence in land
surveying and be consistent in practicing ethical behavior. “Let
error-free surveys become shining testaments of the professional
excellence that you have established during the past 35 years,” he
says.
This year’s GEP
Convention was anchored on the theme “Building the Edifice of
Professional Excellence.” The GEP Inc. Eastern Visayas Division was
established in 1975, it has a total of 153 members to date.
Edu favors
"outsourcing" of AFP procurement to civil servants
By CESAR CORTES
April
8, 2010
MANILA –
Administration vice presidential candidate Edu Manzano has endorsed
the proposal of former Armed Forces Chief of Staff Gen. Narciso Abaya
(ret.) to "outsource" the military's accounting, disbursement and
purchasing processes to non-uniformed career civil servants.
"This will go a long
way in curbing the misuse of military funds that is depriving our
soldiers in the field the full support that they need," said Manzano,
who once served in the US Air Force as a systems analyst.
"It is totally
unacceptable that our troops in the front have to endure lack of
weapons, basic protection gear and supplies, partly on account of the
misappropriation of military funds," added Manzano, former national
president of the Vice-Mayors' League.
Manzano made the
statement not long after the Millennium Challenge Corp. decided to
withhold the release of $500 million or around P2.35 billion in grants
to the Philippines for the country's anti-corruption reforms.
The MCC said it would
defer the release of the funds until after the country elects a new
president.
Ombudsman records show
that two former comptrollers and a former budget officer of the Armed
Forces have been separately accused of amassing a combined P479
million in ill-gotten wealth.
Erstwhile officials at
the military's Retirement and Separation Benefit System have also been
accused of corruption. They have been blamed for bankrupting the
pension fund.
Abaya earlier proposed
the enlistment of non-uniformed career government personnel to look
after military funds.
In the military
service, graft and corruption take its toll on the lives of soldiers
and on the accomplishments of the mission, according to Abaya.
Military officers
that previously rebelled against the government attributed the
increasing disillusionment of soldiers to unchecked official
corruption.
3 East Visayas cities
are confirmed members of “1000 cities, 1000 lives" urban health
campaign
By Philippine Information Agency (PIA 8)
April
7, 2010
TACLOBAN CITY –
Three cities in Eastern Visayas have registered and have been
confirmed as official members of the “1000 cities, 1000 lives”
campaign in connection with the 2010 World Health Day celebration.
Dr. Paula Paz
Sydiongco of the Department of Health Region 8 disclosed during the
April 6 media forum, that the cities of Tacloban, Ormoc and Maasin are
now confirmed members of the campaign.
Various health-related
activities have been lined up by the three cities and the cities of
Maasin and Tacloban has downloaded videos at the 1000 cities, 1000
lives website.
The City of Maasin has
downloaded videos entitled Maasin City’s World Health Day 2010; Urban
Health champion -
Maasin City;
and World Health Day Presentation with Mayor Maloney L. Samaco.
Tacloban Now and Then
is the title of the video downloaded by Dr. Gloria Fabrigas of
Tacloban City.
The three cities
registered their commitment to opening up public spaces to health for
one day during the week of
April 7 to 11, 2010.
Dr. Paula Sydiongco
said that her team will attend and monitor the World Health Day
activities in Ormoc City on April 8, Maasin City on April 9 and
Tacloban City on April 11.
The “1000 cities, 1000
lives” campaign aims to draw worldwide attention to the theme of
urbanization and health and engage governments, international
organizations, businesses and civil society in a shared effort to put
health at the heart of urban policy.
The 1000 cities 1000
lives campaign encourages cities and individuals to work across
multiple agencies with a wide range of partners to have the most
lasting impact on health. The global goal is for 1000 cities to
participate in the World Health Day campaign.
During the five-day
activities, health authorities along with local government units will
also provide heath services to urban poor people, it was gathered.
To meet the goal of
1000 lives, citizens will be asked to provide examples of urban health
heroes who have had made a significant impact on health in their
cities, through video uploads.
One of the overarching
goals for World Health Day is to integrate the Day within a sustained
public health strategy as demonstrated through a series of regular
activities, either at the street, neighborhood, local, national or
regional level. The Day should serve as a start or a symbol of a
sustained commitment to incorporate health more broadly in urban
public policy.
Enrile assails ‘back
door entry’ into congress
By Office of Sen. Juan Ponce Enrile
April
7, 2010
PASAY CITY – Senate
President Juan Ponce Enrile yesterday urged voters to repudiate
candidates who exploit the loopholes in the party-list system just to
gain access to Congress.
Speaking over the
radio in Laguna, the Senate chief said the people should be wary of
these candidates who represent sectors that are not even considered
marginalized.
“Masyadong obvious na
at ginagawa na paraan (ang party-list system) upang makapasok sa
Kongreso. Hindi sa ilalim ng pagiging kandidato sa distrito, kundi
‘yung back door entry sa Kongreso,” said Enrile, a reelectionist under
Pwersa ng Masang Pilipino (PMP).
The veteran legislator
said the party-list law should be amended to reflect the intent of the
Constitution to give the underrepresented and marginalized sectors a
voice in Congress. “Kung may pagkakataon ay kailangan na sigurong
rebisahin ang batas at sabihin na kung sino ang karapat-dapat na
magkaroon ng party list,” Enrile pointed out.
Enrile earlier said
that the party-list system in the country was being abused, noting the
proliferation of organizations that do not genuinely support the
interest of the constituents they represent.
In a list issued by
the Commission on Elections, the nominees for 45 out of 187 accredited
party-list organizations included former Cabinet members, military
officials and outgoing Rep. Mikey Arroyo, the first nominee of a group
claiming to represent the security guards.
Fifty-seven seats are
allotted for party-list representatives in the 287-member House of
Representatives.
Government critics
claimed that some of these party-list groups were Malacañang-sponsored
and were established to collect votes to support President Gloria
Macapagal-Arroyo’s bid for House speakership if she wins the
congressional race in Lubao, Pampanga.
While the law has yet
to be fine-tuned, Enrile said, the voters can cure the flaws in the
party-list law by choosing carefully the organization and candidates
they would elect in office on May 10.
“Ang gamot sa usaping
ito ay ang taumbayan,” the PMP senatorial candidate said. “Ipakita
nila ang damdamin nila sapagkat sila rin ang pumipili ng mga ‘yan.
Kung ano ang pinili nila, sila ang manunugkulan.”
He added: “Kaya ang
sinasabi ko sa lahat ng aking pinupuntahan ay mag-ingat kayo sa
pagboto sapagkat kapag ibinoto n’yo na ang tao, hindi n’yo na
mababaawi ‘yon. Luluha kayo kapag nagkamli kayo pero sila ang
nagpapasarap. Ganyan din sa party list. Piliin at suriin ninyo at
tingnan n’yo kung totoo ba itong party list.”
DOLE bares Labor Day
2010 activities
By Philippine Information Agency (PIA 8)
April
7, 2010
TACLOBAN CITY – The
Department of Labor and Employment which will once again spearhead the
annual celebration of Labor Day on May 1, bared the activities which
will be conducted to pay tribute to the Filipino workers both in the
private and public sector.
DOLE 8 Director Forter
Puguon disclosed that the simultaneous nationwide launching for the
Labor Day activities is scheduled on April 8, 2010. This was bared by
Director Puguon during the DOLE hosted DOLE-Media Partnership Forum on
April 6, 2010 at the DOLE Conference Room, participated by the local
tri-media, the members of the DOLE RCC as resource persons and
moderated by PIA Director Olive Tiu.
Since the April 6
activity was already scheduled before being informed of the
simultaneous launching, Region 8 was allowed to go on with the April 6
event.
The period between
April 8 and May 1 will be used for information and advocacy activities
through the various media outlets and media programs all over the
Region, Director Puguon added.
On May 1, the Labor
Day activities will start with a Fun Run tentatively titled as
“Kakrida Kita Mga Trabahador Ha Rehiyon 8” which will take off at 5:00
o’clock in the morning, at the DYVL area going to the
Tacloban
City Convention Center.
At 6:00 o’clock in the
morning, Holy Mass will be offered at the same venue where the Labor
Day Commemorative Program will be conducted at
7:00 o’clock in the morning.
Solidarity messages
will delivered by representatives of the management, labor, and
government sector. Intermission numbers are being prepared by several
labor associations and private agencies.
Awards await the
winners of the Fun Run and the Kabuhayan awardees. The awards will be
presented by Director Puguon and the guests.
Highlight of this
year’s Labor Day celebration is the conduct of Livelihood Fair and
Jobs Fair from 9:00 o’clock in the morning to
5:00 o’clock in the afternoon.
Director Puguon
said that the would-be participants in the Fun Run and in the Jobs
Fair are required to pre-register. In the case of the Jobs Fair, the
reason for the pre-registration is to determine what skills the
job-seekers have so that the job-orders in the Job Fair will match the
work the applicants are seeking.