Duterte appoints Sandiganbayan’s Gesmundo to SC

By , on August 14, 2017


Justice Alexander G. Gesmundo (Photo by SCPh_PIO/Twitter)
Justice Alexander G. Gesmundo (Photo by SCPh_PIO/Twitter)

MANILA, Aug. 14 — President Rodrigo Duterte on Monday appointed Sandiganbayan Justice Alexander G. Gesmundo to the Supreme Court (SC).

The DOJ earlier summoned Espenido, Chief Inspector Glyndo Lagrimas, Senior Police Officer 4 Renato Martir Jr., and Police Officer 1 Sandra Louise Nadayag to answer charges of murder and arbitrary detention.

Gesmundo will take the place of retired SC Justice Jose Mendoza who reached the mandatory retirement age of 70 on August 13.

He became the fourth appointee of the President to the high tribunal following Associate Justices Samuel Martires, Noel Tijam and Andres Reyes Jr.

Prior to his appointment, Gesmundo used to be the chair of the Sandiganbayan’s Seventh Division.

He was admitted to the bar on April 27, 1985, and started government service with the Office of the Solicitor General as a trial attorney in August of the same year.

Gesmundo became assistant solicitor general in 2002.

In 2004, Gesmundo became a member of the Court of Tax Appeals’ Committee on Revision of the Rules. (PNA)

  • bernard diaz

    AFP Acquires State-of-the-Art UAVs

    It is encouraging to note that the AFP will finally acquire a highly capable state-of-the-art unmanned aerial vehicle (UAV) that will have a “game-changing” impact on the war against terror, especially for military operations similar to the ongoing battle for Marawi.

    Israel, the world pioneer in UAVs (yes, even before the American started using them), is now selling us their latest and most capable UAV, which is priceless for our many military operations and missions. The latest news on the acquisition of this system shows (https://www.update. ph/2017/08/ph-to-acquire-4-israeli-unmanned-aerial-vehicles/19847; http://maxdefense.blogspot. com/2017/08/ philippine-air-force-to-procure-elbits.html) past operational tragedies like the Mamasapano Massacre and the costly operations (in life and materiel) in Basilan and Sulu can now be avoided by our war planners.

    These UAVs will allow our troops exceptional “battlefield awareness” with excellent “area dominance and persistent ISTAR (intelligence, surveillance, target acquisition and reconnaissance)”. Importantly, with the UAV’s long endurance of 36-hours non-stop flight, these “eyes in the sky” will allow us to monitor and detect these terrorists and enemies of our people 24/7, day or night, allowing us to choose the time, place and mode of attacking them.

    We must all thank Tatay Digong for his honest-to-goodness, no-nonsense program to really modernize our AFP. Talagang mahal niya ang mga sundalo – ang mga bayani — natin.;;

  • Bisayang Bayani

    We must all thank Tatay Digong for his honest-to-goodness, no-nonsense program to really modernize our AFP. Talagang mahal niya ang mga sundalo – ang mga bayani — natin.

    It is encouraging to note that the AFP will finally acquire a highly capable state-of-the-art unmanned aerial vehicle (UAV) that will have a “game-changing” impact on the war against terror, especially for military operations similar to the ongoing battle for Marawi.

    Israel, the world pioneer in UAVs (yes, even before the American started using them), is now selling us their latest and most capable UAV, which is priceless for our many military operations and missions. The latest news on the acquisition of this system shows (https://www.update. ph/2017/08/ph-to-acquire-4-israeli-unmanned-aerial-vehicles/19847; http://maxdefense.blogspot. com/2017/08/ philippine-air-force-to-procure-elbits.html) past operational tragedies like the Mamasapano Massacre and the costly operations (in life and materiel) in Basilan and Sulu can now be avoided by our war planners.

    These UAVs will allow our troops exceptional “battlefield awareness” with excellent “area dominance and persistent ISTAR (intelligence, surveillance, target acquisition and reconnaissance)”. Importantly, with the UAV’s long endurance of 36-hours non-stop flight, these “eyes in the sky” will allow us to monitor and detect these terrorists and enemies of our people 24/7, day or night, allowing us to choose the time, place and mode of attacking them.[][]

  • Carol

    PAGCOR’s POGO is really illegal

    Plainly, PAGCOR is bereft of any power and authority to regulate and issue the Philippine Offshore Gaming Operators (POGO) or any online gaming licenses. More specifically, PAGCOR will be operating its POGO against the following hard facts:

    (1) PAGCOR IS NOT ALLOWED UNDER ITS ENABLING LAW OR CHARTER TO REGULATE ONLINE GAMING.

    (2) PAGCOR’S CHARTER DOES NOT AUTHORIZE IT TO OPERATE OR MANAGE ON ITS OWN, OR LICENSE OFFSHORE GAMING COMPANIES WHERE THE BETTING IS MAINLY OF PLAYERS FROM OUTSIDE THE PHILIPPINES, AND THUS, ARE OUTSIDE THE PHILIPPINE TERRITORIAL JURISDICTION.

    (3) THE SUPREME COURT CASE ENTITLED “SENATOR ROBERT S. JAWORSKI, PETITIONER, VS. PHILIPPINE AMUSEMENT AND GAMING CORPORATION AND SPORTS AND GAMES ENTERTAINMENT CORPORATION, RESPONDENTS” 2004 JAN 14, EN BANC, G.R. NO. 144463, WHICH IS AN EN BANC DECISION IS DIRECTLY APPLICABLE TO THE MATTER OF POGO’S LEGALITY.

    The pertinent provisions of the amendatory charter of PAGCOR read as follows:

    “[2007 RA 9487] AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1869, OTHERWISE KNOWN AS PAGCOR CHARTER 2007 Jun 20, Republic Act No. 9487, 13th Congress, Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

    SECTION 1. The Philippine Amusement and Gaming Corporation PAGCOR) franchise granted under Presidential Decree No. 1869, otherwise known as the PAGCOR Charter, is hereby further amended to read as follows:

    (1) Section 10, Nature and Term of Franchise, is hereby amended to read as follows:

    “SEC. 10. Nature and Term of Franchise. – Subject to the terms and conditions established in this Decree, the Corporation is hereby granted from the expiration of its original term on July 11, 2008, another period of twenty-five (25) years, renewable for another twenty-five (25) years, the rights, privileges and authority to operate and license gambling casinos, gaming clubs and other similar recreation or amusement places, gaming pools, i.e. basketball, football, bingo, etc. except jai-alai, whether on land or sea, within the territorial jurisdiction of the Republic of the Philippines: Provided, That the corporation shall obtain the consent of the local government unit that has territorial jurisdiction over the area chosen as the site for any of its operations.

    “The operation of slot machines and other gambling paraphernalia and equipment, shall not be allowed in establishments open or accessible to the general public unless the site of these operations are three-star hotels and resorts accredited by the Department of Tourism authorized by the corporation and by the local government unit concerned.

    “The authority and power of the PAGCOR to authorize, license and regulate games of chance, games of cards and games of numbers shall not extend to: (1) games of chance authorized, licensed and regulated or to be authorized, licensed and regulated by, in, and under existing franchises or other regulatory bodies; (2) games of chance, games of cards and games of numbers authorized, licensed, regulated by, in, and under special laws such as Republic Act No. 7922; and (3) games of chance, games of cards and games of numbers like cockfighting, authorized, licensed and regulated by local government units. The conduct of such games of chance, games of cards and games of numbers covered by existing franchises, regulatory bodies or special laws, to the extent of the jurisdiction and powers granted under such franchises and special laws, shall be outside the licensing authority and regulatory powers of the PAGCOR.”

    Therefore, based on the enabling law or charter of PAGCOR, it is not authorized to regulate online, internet gambling casinos/operators. Because internet connectivity, together with its various innovative applications, had not yet been invented in 1977, online or internet gambling was not in PAGCOR’s regulatory perspective. It is instructive that while online gaming/gambling was already growing and thriving worldwide in 2007 when PAGCOR’s charter was amended, it was never expressly included in the gaming schemes that may be regulated by the agency.

    Importantly, the amendatory law placed clear restrictions on PAGCOR’s regulatory authority. In RA 9487, it is clear that PAGCOR’s authority cannot extend to “(1) games of chance authorized, licensed and regulated or to be authorized, licensed and regulated by, in, and under existing franchises or other regulatory bodies;”. Since online gaming is already regulated by CEZA in Cagayan and by APECO in Aurora and wherever else there are APECO-registered online gaming companies located in the 358 Philippine Economic Zone Authority (PEZA) registered or accredited information technology (IT) buildings, parks, economic zones and centers throughout the country, PAGCOR is effectively prohibited from dipping its greedy fingers in online gaming.

    In addition, the charter of PAGCOR does not authorize PAGCOR to operate or manage on its own, or license offshore gaming companies because the gambling activities in offshore gaming, i.e. betting of players from outside the Philippines, are outside the Philippine territorial jurisdiction. Section 14 of PD 1869, as amended, reads as follows:

    “Sec. 14. Other Conditions.

    (1) Place. The Corporation shall conduct the gambling activities or games of chance on land or water within the territorial jurisdiction of the Republic of the Philippines. When conducted on water, the Corporation shall have the right to dock the floating casino(s) in any part of the Philippines where vessels/boats are authorized to dock under the Customs and Maritime Laws.

    (2) Time. Gambling activities may be held and conducted at anytime of the day or night; provided, however, that in the places where curfew hours are observe, all players and personnel of the gambling casinos shall remain within the premises of the casinos.

    x x x”

    In the case of Del Mar vs. PAGCOR the Supreme Court narrated the history of PAGCOR’s charter, PD 1869, as amended, and pronounced the afore-cited “CONDITIONS” of its franchise.

    In the case of Jaworski vs. PAGCOR, where the Supreme Court decided En Banc, Sen. Jaworski contended that PAGCOR is not authorized under its legislative franchise, P.D. 1869, to operate gambling on the internet for the simple reason that the said decree could not have possibly contemplated internet gambling since at the time of its enactment on July 11, 1983 the internet was yet inexistent and gambling activities were confined exclusively to real-space. Further, he argued that the internet, being an international network of computers, necessarily transcends the territorial jurisdiction of the Philippines, and the grant to SAGE of authority to operate internet gambling contravenes the limitation in PAGCOR’s franchise, under Section 14 of P.D. No. 1869 which provides:

    Place. – The Corporation [i.e., PAGCOR] shall conduct gambling activities or games of chance on land or water within the territorial jurisdiction of the Republic of the Philippines. x x x

    In this case, the Supreme Court held that:

    X X X

    “A legislative franchise is a special privilege granted by the state to corporations. It is a privilege of public concern which cannot be exercised at will and pleasure, but should be reserved for public control and administration, either by the government directly, or by public agents, under such conditions and regulations as the government may impose on them in the interest of the public. It is Congress that prescribes the conditions on which the grant of the franchise may be made. Thus the manner of granting the franchise, to whom it may be granted, the mode of conducting the business, the charter and the quality of the service to be rendered and the duty of the grantee to the public in exercising the franchise are almost always defined in clear and unequivocal language.

    “After a circumspect consideration of the foregoing discussion and the contending positions of the parties, we hold that PAGCOR has acted beyond the limits of its authority when it passed on or shared its franchise to SAGE.

    X X X

    “In the case at bar, PAGCOR executed an agreement with SAGE whereby the former grants the latter the authority to operate and maintain sports betting stations and Internet gaming operations. In essence, the grant of authority gives SAGE the privilege to actively participate, partake and share PAGCOR’s franchise to operate a gambling activity. The grant of franchise is a special privilege that constitutes a right and a duty to be performed by the grantee. The grantee must not perform its activities arbitrarily and whimsically but must abide by the limits set by its franchise and strictly adhere to its terms and conditionalities. A corporation as a creature of the State is presumed to exist for the common good. Hence, the special privileges and franchises it receives are subject to the laws of the State and the limitations of its charter. There is therefore a reserved right of the State to inquire how these privileges had been employed, and whether they have been abused.

    “While PAGCOR is allowed under its charter to enter into operator’s and/or management contracts, it is not allowed under the same charter to relinquish or share its franchise, much less grant a veritable franchise to another entity such as SAGE. PAGCOR cannot delegate its power in view of the legal principle of delegata potestas delegare non potest, inasmuch as there is nothing in the charter to show that it has been expressly authorized to do so. In Lim v. Pacquing,[10] the Court clarified that “since ADC has no franchise from Congress to operate the jai-alai, it may not so operate even if it has a license or permit from the City Mayor to operate the jai-alai in the City of Manila.” By the same token, SAGE has to obtain a separate legislative franchise and not “ride on” PAGCOR’s franchise if it were to legally operate online Internet gambling.

    The jurisdictional limitation of PAGCOR and its legal infirmity when it came to online gaming (as shown in Jaworski vs PAGCOR) was obviously known to lawmakers as well as PAGCOR’s legal advisers there were efforts in 2015 to amend its charter and allow it to cover online gaming activities. Thus, an online Filipino news outlet reported that the House Committee on Games and Amusements pushed for House Bills 1454 and 4540, entitled “AN ACT CREATING THE PHILIPPINE ONLINE GAMING COMMISSION (POGCOM), AUTHORIZING THE APPROPRIATION OF FUNDS THEREFORE, AND FOR OTHER PURPOSES.”

    It was stated that “House Bill 4540 gives PAGCOR the power to have general and sole regulatory authority over the conduct of internet gaming and other related activities.”

    It is noteworthy that consolidated House Bills 1454 and 4540 were never enacted into law.

    In view of the foregoing, how can PAGCOR’s POGO and other online gaming schemes be justified in relation to this clear-cut judicial fiat?

    Consistent with his Office’s firm pronouncements regarding legality and constitutionality, President Duterte’s policies must be consistent and in full congruence and conformity with our laws, regulations and judicial jurisprudence.

    The credibility of the Duterte Administration must be safeguarded and insulated from the desire of the President’s appointees to pursue short sighted and legally defective policies.

    It is hoped that these issues may be legally clarified and settled so that we may not miss out on the benefits of responsible, fully legal and properly implemented online gaming program.

    While the revenues of this mode of gaming are substantial and may be used in the President’s anti-poverty programs, any policy pronouncements and formulations of the Government that are not anchored on legislation and jurisprudence are of dubious legitimacy and may, in the long run, severely and negatively impact on the revenue stream currently being generated as well as on jobs and employment that have been generated to date.][][][

  • Tondo Anti-Drugs and Snatcher

    Tapusin ang Corruption! PAGCOR’s POGO is really illegal

    Plainly, PAGCOR is bereft of any power and authority to regulate and issue the Philippine Offshore Gaming Operators (POGO) or any online gaming licenses. More specifically, PAGCOR will be operating its POGO against the following hard facts:

    (1) PAGCOR IS NOT ALLOWED UNDER ITS ENABLING LAW OR CHARTER TO REGULATE ONLINE GAMING.

    (2) PAGCOR’S CHARTER DOES NOT AUTHORIZE IT TO OPERATE OR MANAGE ON ITS OWN, OR LICENSE OFFSHORE GAMING COMPANIES WHERE THE BETTING IS MAINLY OF PLAYERS FROM OUTSIDE THE PHILIPPINES, AND THUS, ARE OUTSIDE THE PHILIPPINE TERRITORIAL JURISDICTION.

    (3) THE SUPREME COURT CASE ENTITLED “SENATOR ROBERT S. JAWORSKI, PETITIONER, VS. PHILIPPINE AMUSEMENT AND GAMING CORPORATION AND SPORTS AND GAMES ENTERTAINMENT CORPORATION, RESPONDENTS” 2004 JAN 14, EN BANC, G.R. NO. 144463, WHICH IS AN EN BANC DECISION IS DIRECTLY APPLICABLE TO THE MATTER OF POGO’S LEGALITY.

    The pertinent provisions of the amendatory charter of PAGCOR read as follows:

    “[2007 RA 9487] AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO. 1869, OTHERWISE KNOWN AS PAGCOR CHARTER 2007 Jun 20, Republic Act No. 9487, 13th Congress, Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

    SECTION 1. The Philippine Amusement and Gaming Corporation PAGCOR) franchise granted under Presidential Decree No. 1869, otherwise known as the PAGCOR Charter, is hereby further amended to read as follows:

    (1) Section 10, Nature and Term of Franchise, is hereby amended to read as follows:

    “SEC. 10. Nature and Term of Franchise. – Subject to the terms and conditions established in this Decree, the Corporation is hereby granted from the expiration of its original term on July 11, 2008, another period of twenty-five (25) years, renewable for another twenty-five (25) years, the rights, privileges and authority to operate and license gambling casinos, gaming clubs and other similar recreation or amusement places, gaming pools, i.e. basketball, football, bingo, etc. except jai-alai, whether on land or sea, within the territorial jurisdiction of the Republic of the Philippines: Provided, That the corporation shall obtain the consent of the local government unit that has territorial jurisdiction over the area chosen as the site for any of its operations.

    “The operation of slot machines and other gambling paraphernalia and equipment, shall not be allowed in establishments open or accessible to the general public unless the site of these operations are three-star hotels and resorts accredited by the Department of Tourism authorized by the corporation and by the local government unit concerned.

    “The authority and power of the PAGCOR to authorize, license and regulate games of chance, games of cards and games of numbers shall not extend to: (1) games of chance authorized, licensed and regulated or to be authorized, licensed and regulated by, in, and under existing franchises or other regulatory bodies; (2) games of chance, games of cards and games of numbers authorized, licensed, regulated by, in, and under special laws such as Republic Act No. 7922; and (3) games of chance, games of cards and games of numbers like cockfighting, authorized, licensed and regulated by local government units. The conduct of such games of chance, games of cards and games of numbers covered by existing franchises, regulatory bodies or special laws, to the extent of the jurisdiction and powers granted under such franchises and special laws, shall be outside the licensing authority and regulatory powers of the PAGCOR.”

    Therefore, based on the enabling law or charter of PAGCOR, it is not authorized to regulate online, internet gambling casinos/operators. Because internet connectivity, together with its various innovative applications, had not yet been invented in 1977, online or internet gambling was not in PAGCOR’s regulatory perspective. It is instructive that while online gaming/gambling was already growing and thriving worldwide in 2007 when PAGCOR’s charter was amended, it was never expressly included in the gaming schemes that may be regulated by the agency.

    Importantly, the amendatory law placed clear restrictions on PAGCOR’s regulatory authority. In RA 9487, it is clear that PAGCOR’s authority cannot extend to “(1) games of chance authorized, licensed and regulated or to be authorized, licensed and regulated by, in, and under existing franchises or other regulatory bodies;”. Since online gaming is already regulated by CEZA in Cagayan and by APECO in Aurora and wherever else there are APECO-registered online gaming companies located in the 358 Philippine Economic Zone Authority (PEZA) registered or accredited information technology (IT) buildings, parks, economic zones and centers throughout the country, PAGCOR is effectively prohibited from dipping its greedy fingers in online gaming.

    In addition, the charter of PAGCOR does not authorize PAGCOR to operate or manage on its own, or license offshore gaming companies because the gambling activities in offshore gaming, i.e. betting of players from outside the Philippines, are outside the Philippine territorial jurisdiction. Section 14 of PD 1869, as amended, reads as follows:

    “Sec. 14. Other Conditions.

    (1) Place. The Corporation shall conduct the gambling activities or games of chance on land or water within the territorial jurisdiction of the Republic of the Philippines. When conducted on water, the Corporation shall have the right to dock the floating casino(s) in any part of the Philippines where vessels/boats are authorized to dock under the Customs and Maritime Laws.

    (2) Time. Gambling activities may be held and conducted at anytime of the day or night; provided, however, that in the places where curfew hours are observe, all players and personnel of the gambling casinos shall remain within the premises of the casinos.

    x x x”

    In the case of Del Mar vs. PAGCOR the Supreme Court narrated the history of PAGCOR’s charter, PD 1869, as amended, and pronounced the afore-cited “CONDITIONS” of its franchise.

    In the case of Jaworski vs. PAGCOR, where the Supreme Court decided En Banc, Sen. Jaworski contended that PAGCOR is not authorized under its legislative franchise, P.D. 1869, to operate gambling on the internet for the simple reason that the said decree could not have possibly contemplated internet gambling since at the time of its enactment on July 11, 1983 the internet was yet inexistent and gambling activities were confined exclusively to real-space. Further, he argued that the internet, being an international network of computers, necessarily transcends the territorial jurisdiction of the Philippines, and the grant to SAGE of authority to operate internet gambling contravenes the limitation in PAGCOR’s franchise, under Section 14 of P.D. No. 1869 which provides:

    Place. – The Corporation [i.e., PAGCOR] shall conduct gambling activities or games of chance on land or water within the territorial jurisdiction of the Republic of the Philippines. x x x

    In this case, the Supreme Court held that:

    X X X

    “A legislative franchise is a special privilege granted by the state to corporations. It is a privilege of public concern which cannot be exercised at will and pleasure, but should be reserved for public control and administration, either by the government directly, or by public agents, under such conditions and regulations as the government may impose on them in the interest of the public. It is Congress that prescribes the conditions on which the grant of the franchise may be made. Thus the manner of granting the franchise, to whom it may be granted, the mode of conducting the business, the charter and the quality of the service to be rendered and the duty of the grantee to the public in exercising the franchise are almost always defined in clear and unequivocal language.

    “After a circumspect consideration of the foregoing discussion and the contending positions of the parties, we hold that PAGCOR has acted beyond the limits of its authority when it passed on or shared its franchise to SAGE.

    X X X

    “In the case at bar, PAGCOR executed an agreement with SAGE whereby the former grants the latter the authority to operate and maintain sports betting stations and Internet gaming operations. In essence, the grant of authority gives SAGE the privilege to actively participate, partake and share PAGCOR’s franchise to operate a gambling activity. The grant of franchise is a special privilege that constitutes a right and a duty to be performed by the grantee. The grantee must not perform its activities arbitrarily and whimsically but must abide by the limits set by its franchise and strictly adhere to its terms and conditionalities. A corporation as a creature of the State is presumed to exist for the common good. Hence, the special privileges and franchises it receives are subject to the laws of the State and the limitations of its charter. There is therefore a reserved right of the State to inquire how these privileges had been employed, and whether they have been abused.

    “While PAGCOR is allowed under its charter to enter into operator’s and/or management contracts, it is not allowed under the same charter to relinquish or share its franchise, much less grant a veritable franchise to another entity such as SAGE. PAGCOR cannot delegate its power in view of the legal principle of delegata potestas delegare non potest, inasmuch as there is nothing in the charter to show that it has been expressly authorized to do so. In Lim v. Pacquing,[10] the Court clarified that “since ADC has no franchise from Congress to operate the jai-alai, it may not so operate even if it has a license or permit from the City Mayor to operate the jai-alai in the City of Manila.” By the same token, SAGE has to obtain a separate legislative franchise and not “ride on” PAGCOR’s franchise if it were to legally operate online Internet gambling.

    The jurisdictional limitation of PAGCOR and its legal infirmity when it came to online gaming (as shown in Jaworski vs PAGCOR) was obviously known to lawmakers as well as PAGCOR’s legal advisers there were efforts in 2015 to amend its charter and allow it to cover online gaming activities. Thus, an online Filipino news outlet reported that the House Committee on Games and Amusements pushed for House Bills 1454 and 4540, entitled “AN ACT CREATING THE PHILIPPINE ONLINE GAMING COMMISSION (POGCOM), AUTHORIZING THE APPROPRIATION OF FUNDS THEREFORE, AND FOR OTHER PURPOSES.”

    It was stated that “House Bill 4540 gives PAGCOR the power to have general and sole regulatory authority over the conduct of internet gaming and other related activities.”

    It is noteworthy that consolidated House Bills 1454 and 4540 were never enacted into law.

    In view of the foregoing, how can PAGCOR’s POGO and other online gaming schemes be justified in relation to this clear-cut judicial fiat?

    Consistent with his Office’s firm pronouncements regarding legality and constitutionality, President Duterte’s policies must be consistent and in full congruence and conformity with our laws, regulations and judicial jurisprudence.

    The credibility of the Duterte Administration must be safeguarded and insulated from the desire of the President’s appointees to pursue short sighted and legally defective policies.

    It is hoped that these issues may be legally clarified and settled so that we may not miss out on the benefits of responsible, fully legal and properly implemented online gaming program.

    While the revenues of this mode of gaming are substantial and may be used in the President’s anti-poverty programs, any policy pronouncements and formulations of the Government that are not anchored on legislation and jurisprudence are of dubious legitimacy and may, in the long run, severely and negatively impact on the revenue stream currently being generated as well as on jobs and employment that have been generated to date.]]]]]]]

  • Anjie Anonas

    Trojan Horses and Fifth Columnists in PRRD Government

    ‘Trojan horses’, fifth columnists and subtle saboteurs are cunningly at work in the Duterte Administration.

    The Philippine News Agency (PNA) is a prime example of this undermining work by fifth columnists and saboteurs who are subtle weakening the credibility of the Duterte Government. Just within the past week the PNA has made two major booboos with its affixing the DOLE pineapple firm’s logo on August 11, 2017 on its publication of a Department of Labor news report and its prominent featuring on its editorial page of an article from China’s Xinhua News Agency that was critical of the Permanent Court of Arbitration ruling, which invalidated Beijing’s expansive claims over the South China Sea and was very favourable to the Philippine claims.

    The “DOLE” fiasco was actually ‘strike three’ for the controversial agency. In May this year, it foolishly used a photo of U.S. troops in Vietnam for its news report on the battle for Marawi.

    This is just symptomatic of the insidious effort being done by “yellow” fifth columnists and ‘Trojan horses’ who are now serving their true masters by eroding the credibility and undermining the great mission of the Presidential Office. You see, PCOO head Martin Andanar had unwisely retained the core of Noynoy Aquino’s communications team in the PNA when he took over. Now, they are making a laughing stock of the Office of the President’s main news arm.

    But a graver and more pernicious effort is at work at the Office of the Executive Secretary where a significant bulk of ex-ES Jojo Ochoa’s key people have been unwittingly retained by Medialdea. While several Ochoa staff went on to continue their crooked ways in COA Chair Michael Aguinaldo’s office, several of his main team players led by one Undersecretary Guevarra have gone on to key positions in the ES’ Office where they have access to extremely sensitive information, processes and activities. And they are already at busy at work.

    For instance, last July 4, 2017, this Guevarra facilitated the call on President Duterte of Ha Sung-yong the CEO of the Korean Aerospace Industries (KAI) (as reported by RTVM Malacanang – http://rtvm. gov. ph/main/?p=49198), the firm that sold the overpriced FA-50 to our country. Barely two weeks after the courtesy call, KAI’s offices were raided by the Seoul Central District Prosecutors’ Office for serious corruption its projects which included the the Surion helicopter, TA-50 and FA-50 (https://www.upi. com/Defense-News/2017/07/17/Korean-Aerospace-offices-raided-in-anti-corruption-probe/1671500314763/). A week later, Ha Sung-yong resigned, admitting ultimate responsibility for wrongdoing in the ongoing corruption probe (https://asia.nikkei. com/Politics-Economy/ Economy/CEO-of-top-South-Korean-military-supplier-resigns-over-corruption-scandal).

    What the President and his loyal people in Malacanang do not know is that Guevarra and his ilk were participants and many of Ochoa’s money-making schemes and corruption operations when he was ES, particularly those at BOC. Said one insider about the Malacanang-backed smuggling operators: “Wala po silang katinag-tinag dahil sa lakas ng kanilang padrinong si Executive Secretary Paquito ‘Jojo’ Ochoa na pinagkakalandakan nilang binibigyan nila ng P10 milyon monthly payola. Gasgas na gasgas na nga po ang pangalan ni Executive Secretary …”

    One “flagship of corruption” that involved Ochoa’s group up to Noynoy Aquino was the severely overpriced FA-50 project. A confidential report by patriotic officials reveals:

    “The KAI FA-50 project has been significantly overpriced by about US$5 – 8Million per plane or a total of US$60 – 96Million (out of the US$420 Million deal) for the 12 aircraft. The ‘lead-in fighter’ boast was merely a potential that the aircraft could achieve through costly upgrades, not the actual configuration as delivered to Ph Air Force.

    Touted as a lead-in fighter, the FA-50 actually arrived configured as just a trainer. Thus, made to perform close air support, or land attack, missions in Marawi, it killed a few of our soldiers in ‘friendly-fire’ mishaps.

    Overprice of the FA-50 is corroborated by the recently exposed corruption activities of Korean Aerospace Industries (KAI), as reported in the Asia Nikkei on 20 July 2017 and to the articles on the subject. The scope of corrupted programs ranged from the Surion helicopter to the T-50 and F/A-50 programs.

    The Aquino administration group that brokered the FA-50 deal is now led by the wife of a senior military officer with extensive links in AFP and DND. Hold-over undersecretaries of Office of the Executive Secretary, led by Usec. Guevarra, are now her contacts in Malacanang and facilitated the call last July 4, 2017 on PRRD of now disgraced KAI CEO, Mr. Ha Sung-yong, who has since resigned from the scandal.

    Deal was originally ‘cooked’ through her husband’s close connections in the AFP and DND and supported by her Liberal Party (Ochoa) network in Malacanang. Proper evaluation and routine review procedures were not observed in deliberations on viable LIFT aircraft systems and some crucial issues were glossed over.

    The “lead-in fighter” or “interim fighter” aspect of the FA-50 is just an advertising blurb to justify the exhorbitant cost of this glamorized trainer. Jet trainers nowadays can be acquired for about a little over half the price of the expensive FA-50. There are advanced trainers and lead-in fighter training (LIFT) jets that are markedly less expensive than the FA-50, such as the Hawk T2 LIFT advanced fighter/trainer, the Yakovlev Yak-130 and other modern multi-role LIFT jet aircraft.

    In light of the foregoing facts we are appealing for a thorough, impartial and transparent investigation into the acquisition of the FA-50 as well as its continuing program of testing, equipage and upgrade.”

    Yes, we must really and seriously investigate these matters. We must stop these Trojan horses and fifth columnists.][][][]’

  • bernard diaz

    We must really and seriously investigate these matters. We must stop these Trojan horses and fifth columnists.Trojan Horses and Fifth Columnists in PRRD Government

    ‘Trojan horses’, fifth columnists and subtle saboteurs are cunningly at work in the Duterte Administration.

    The Philippine News Agency (PNA) is a prime example of this undermining work by fifth columnists and saboteurs who are subtle weakening the credibility of the Duterte Government. Just within the past week the PNA has made two major booboos with its affixing the DOLE pineapple firm’s logo on August 11, 2017 on its publication of a Department of Labor news report and its prominent featuring on its editorial page of an article from China’s Xinhua News Agency that was critical of the Permanent Court of Arbitration ruling, which invalidated Beijing’s expansive claims over the South China Sea and was very favourable to the Philippine claims.

    The “DOLE” fiasco was actually ‘strike three’ for the controversial agency. In May this year, it foolishly used a photo of U.S. troops in Vietnam for its news report on the battle for Marawi.

    This is just symptomatic of the insidious effort being done by “yellow” fifth columnists and ‘Trojan horses’ who are now serving their true masters by eroding the credibility and undermining the great mission of the Presidential Office. You see, PCOO head Martin Andanar had unwisely retained the core of Noynoy Aquino’s communications team in the PNA when he took over. Now, they are making a laughing stock of the Office of the President’s main news arm.

    But a graver and more pernicious effort is at work at the Office of the Executive Secretary where a significant bulk of ex-ES Jojo Ochoa’s key people have been unwittingly retained by Medialdea. While several Ochoa staff went on to continue their crooked ways in COA Chair Michael Aguinaldo’s office, several of his main team players led by one Undersecretary Guevarra have gone on to key positions in the ES’ Office where they have access to extremely sensitive information, processes and activities. And they are already at busy at work.

    For instance, last July 4, 2017, this Guevarra facilitated the call on President Duterte of Ha Sung-yong the CEO of the Korean Aerospace Industries (KAI) (as reported by RTVM Malacanang – http://rtvm. gov. ph/main/?p=49198), the firm that sold the overpriced FA-50 to our country. Barely two weeks after the courtesy call, KAI’s offices were raided by the Seoul Central District Prosecutors’ Office for serious corruption its projects which included the the Surion helicopter, TA-50 and FA-50 (https://www.upi. com/Defense-News/2017/07/17/Korean-Aerospace-offices-raided-in-anti-corruption-probe/1671500314763/). A week later, Ha Sung-yong resigned, admitting ultimate responsibility for wrongdoing in the ongoing corruption probe (https://asia.nikkei. com/Politics-Economy/ Economy/CEO-of-top-South-Korean-military-supplier-resigns-over-corruption-scandal).

    What the President and his loyal people in Malacanang do not know is that Guevarra and his ilk were participants and many of Ochoa’s money-making schemes and corruption operations when he was ES, particularly those at BOC. Said one insider about the Malacanang-backed smuggling operators: “Wala po silang katinag-tinag dahil sa lakas ng kanilang padrinong si Executive Secretary Paquito ‘Jojo’ Ochoa na pinagkakalandakan nilang binibigyan nila ng P10 milyon monthly payola. Gasgas na gasgas na nga po ang pangalan ni Executive Secretary …”

    One “flagship of corruption” that involved Ochoa’s group up to Noynoy Aquino was the severely overpriced FA-50 project. A confidential report by patriotic officials reveals:

    “The KAI FA-50 project has been significantly overpriced by about US$5 – 8Million per plane or a total of US$60 – 96Million (out of the US$420 Million deal) for the 12 aircraft. The ‘lead-in fighter’ boast was merely a potential that the aircraft could achieve through costly upgrades, not the actual configuration as delivered to Ph Air Force.

    Touted as a lead-in fighter, the FA-50 actually arrived configured as just a trainer. Thus, made to perform close air support, or land attack, missions in Marawi, it killed a few of our soldiers in ‘friendly-fire’ mishaps.

    Overprice of the FA-50 is corroborated by the recently exposed corruption activities of Korean Aerospace Industries (KAI), as reported in the Asia Nikkei on 20 July 2017 and to the articles on the subject. The scope of corrupted programs ranged from the Surion helicopter to the T-50 and F/A-50 programs.

    The Aquino administration group that brokered the FA-50 deal is now led by the wife of a senior military officer with extensive links in AFP and DND. Hold-over undersecretaries of Office of the Executive Secretary, led by Usec. Guevarra, are now her contacts in Malacanang and facilitated the call last July 4, 2017 on PRRD of now disgraced KAI CEO, Mr. Ha Sung-yong, who has since resigned from the scandal.

    Deal was originally ‘cooked’ through her husband’s close connections in the AFP and DND and supported by her Liberal Party (Ochoa) network in Malacanang. Proper evaluation and routine review procedures were not observed in deliberations on viable LIFT aircraft systems and some crucial issues were glossed over.

    The “lead-in fighter” or “interim fighter” aspect of the FA-50 is just an advertising blurb to justify the exhorbitant cost of this glamorized trainer. Jet trainers nowadays can be acquired for about a little over half the price of the expensive FA-50. There are advanced trainers and lead-in fighter training (LIFT) jets that are markedly less expensive than the FA-50, such as the Hawk T2 LIFT advanced fighter/trainer, the Yakovlev Yak-130 and other modern multi-role LIFT jet aircraft.

    In light of the foregoing facts we are appealing for a thorough, impartial and transparent investigation into the acquisition of the FA-50 as well as its continuing program of testing, equipage and upgrade.”
    ———

  • Bisayang Bayani

    ‘Trojan horses’, fifth columnists and subtle saboteurs are cunningly at work in the Duterte Administration.

    The Philippine News Agency (PNA) is a prime example of this undermining work by fifth columnists and saboteurs who are subtle weakening the credibility of the Duterte Government. Just within the past week the PNA has made two major booboos with its affixing the DOLE pineapple firm’s logo on August 11, 2017 on its publication of a Department of Labor news report and its prominent featuring on its editorial page of an article from China’s Xinhua News Agency that was critical of the Permanent Court of Arbitration ruling, which invalidated Beijing’s expansive claims over the South China Sea and was very favourable to the Philippine claims.

    The “DOLE” fiasco was actually ‘strike three’ for the controversial agency. In May this year, it foolishly used a photo of U.S. troops in Vietnam for its news report on the battle for Marawi.

    This is just symptomatic of the insidious effort being done by “yellow” fifth columnists and ‘Trojan horses’ who are now serving their true masters by eroding the credibility and undermining the great mission of the Presidential Office. You see, PCOO head Martin Andanar had unwisely retained the core of Noynoy Aquino’s communications team in the PNA when he took over. Now, they are making a laughing stock of the Office of the President’s main news arm.

    But a graver and more pernicious effort is at work at the Office of the Executive Secretary where a significant bulk of ex-ES Jojo Ochoa’s key people have been unwittingly retained by Medialdea. While several Ochoa staff went on to continue their crooked ways in COA Chair Michael Aguinaldo’s office, several of his main team players led by one Undersecretary Guevarra have gone on to key positions in the ES’ Office where they have access to extremely sensitive information, processes and activities. And they are already at busy at work.

    For instance, last July 4, 2017, this Guevarra facilitated the call on President Duterte of Ha Sung-yong the CEO of the Korean Aerospace Industries (KAI) (as reported by RTVM Malacanang – http://rtvm. gov. ph/main/?p=49198), the firm that sold the overpriced FA-50 to our country. Barely two weeks after the courtesy call, KAI’s offices were raided by the Seoul Central District Prosecutors’ Office for serious corruption its projects which included the the Surion helicopter, TA-50 and FA-50 (https://www.upi. com/Defense-News/2017/07/17/Korean-Aerospace-offices-raided-in-anti-corruption-probe/1671500314763/). A week later, Ha Sung-yong resigned, admitting ultimate responsibility for wrongdoing in the ongoing corruption probe (https://asia.nikkei. com/Politics-Economy/ Economy/CEO-of-top-South-Korean-military-supplier-resigns-over-corruption-scandal).

    What the President and his loyal people in Malacanang do not know is that Guevarra and his ilk were participants and many of Ochoa’s money-making schemes and corruption operations when he was ES, particularly those at BOC. Said one insider about the Malacanang-backed smuggling operators: “Wala po silang katinag-tinag dahil sa lakas ng kanilang padrinong si Executive Secretary Paquito ‘Jojo’ Ochoa na pinagkakalandakan nilang binibigyan nila ng P10 milyon monthly payola. Gasgas na gasgas na nga po ang pangalan ni Executive Secretary …”

    One “flagship of corruption” that involved Ochoa’s group up to Noynoy Aquino was the severely overpriced FA-50 project. A confidential report by patriotic officials reveals:

    “The KAI FA-50 project has been significantly overpriced by about US$5 – 8Million per plane or a total of US$60 – 96Million (out of the US$420 Million deal) for the 12 aircraft. The ‘lead-in fighter’ boast was merely a potential that the aircraft could achieve through costly upgrades, not the actual configuration as delivered to Ph Air Force.

    Touted as a lead-in fighter, the FA-50 actually arrived configured as just a trainer. Thus, made to perform close air support, or land attack, missions in Marawi, it killed a few of our soldiers in ‘friendly-fire’ mishaps.

    Overprice of the FA-50 is corroborated by the recently exposed corruption activities of Korean Aerospace Industries (KAI), as reported in the Asia Nikkei on 20 July 2017 and to the articles on the subject. The scope of corrupted programs ranged from the Surion helicopter to the T-50 and F/A-50 programs.

    The Aquino administration group that brokered the FA-50 deal is now led by the wife of a senior military officer with extensive links in AFP and DND. Hold-over undersecretaries of Office of the Executive Secretary, led by Usec. Guevarra, are now her contacts in Malacanang and facilitated the call last July 4, 2017 on PRRD of now disgraced KAI CEO, Mr. Ha Sung-yong, who has since resigned from the scandal.

    Deal was originally ‘cooked’ through her husband’s close connections in the AFP and DND and supported by her Liberal Party (Ochoa) network in Malacanang. Proper evaluation and routine review procedures were not observed in deliberations on viable LIFT aircraft systems and some crucial issues were glossed over.

    The “lead-in fighter” or “interim fighter” aspect of the FA-50 is just an advertising blurb to justify the exhorbitant cost of this glamorized trainer. Jet trainers nowadays can be acquired for about a little over half the price of the expensive FA-50. There are advanced trainers and lead-in fighter training (LIFT) jets that are markedly less expensive than the FA-50, such as the Hawk T2 LIFT advanced fighter/trainer, the Yakovlev Yak-130 and other modern multi-role LIFT jet aircraft.

    In light of the foregoing facts we are appealing for a thorough, impartial and transparent investigation into the acquisition of the FA-50 as well as its continuing program of testing, equipage and upgrade.””””