BUREAU of Corrections (BuCor) Director General Gregorio Catapang Jr. yesterday pushed for greater collaboration among government agencies and other stakeholders to prepare inmates for their reintegration to society.

Catapang made the call as BuCor prepares various activities for the week-long celebration of the National Corrections Consciousness Week starting today.

Catapang emphasized the need and commitment to further strengthen the existing reformation programs for inmates and the introduction of the reintegration program.

“Although reintegration does not fall within our mandate which only includes safe keeping and reformation of Persons Deprived of Liberty, BuCor will introduce a program centered on behavior modification and therapeutic community, which are crucial in addressing the complex needs of Persons Deprived of Liberty to better prepare them for successful reintegration into society,” he said.

This will be in addition to the reformation program being implemented inside the corrections facilities based on moral and spiritual, education and training, work and livelihood, sports and recreation, health and welfare.

The BuCor chief underscored the significance of fostering increased collaboration with other government agencies, like the local government units, particularly in areas where inmates will be re-integrated; the Technical Education and Skills Development Authority, Commission on Higher Education, Department of Education, Department of Health, Department of Labor and Employment Department of Social Welfare and Development and other stakeholders from the private sector to ensure that once released, the inmates will become productive members of society.

“By working together with different partners that complement Bucor’s efforts in reforming Persons Deprived of Liberty, BuCor can leverage resources, expertise, and support to enhance its initiatives and can create a comprehensive support system to ensure a holistic approach to the rehabilitation and reintegration process,” Catapang said.

The BuCor has released 16,657 inmates since 2022 as part of its overall effort to decongest its prison facilities, especially the New Bilibid Prison in Muntinlupa City.

This figure includes 740 inmates who regained their freedom from August to October this year.

The NBP and six other operating prison and penal farms of BuCor nationwide hold over 52,000 inmates, although their total capacity is only around 12,000, or an average congestion rate of 231 percent.

The national penitentiary alone holds over 28,000 inmates, a far cry from its original capacity of 9,885 when it was built.

THREE individuals posing as agents of the National Bureau of Investigation were arrested by the Parañaque police last Saturday during an attempted extortion incident.

The Paranaque police said the incident took place in Barangay Tambo when the suspects, identified only by their aliases Bernard, Lenon and John, entered a food establishment in the area and told the employees they were NBI agents.

They presented a fraudulent search warrant, alleging the store was selling illegal tobacco and cigarettes.

The report submitted to the office of Southern Police District Director Brig. General Bernard Yang said the three threatened the store’s cashier and demanded that the owner pay P100,000 to avoid legal problems for selling illegal tobacco products.

The suspects also proceeded to dismantle the store’s closed-circuit television cameras but the commotion was noticed by security guards of another establishment who intervened.

The security guards called personnel of the nearby Tambo police station for assistance.

Responding police officers recovered the fake search warrants used by the suspects.

NBI National Capital Region Deputy Chief of Staff Joseph Eufemio Martinez denied the suspects were their agents.

Investigation showed the three were also involved in an attempted extortion at a spa in Parañaque City on September 1, where they also posed as NBI agents and threatened the business owner.

The suspects are detained at the Paranaque police station detention center, facing charges of robbery extortion, usurpation of authority, grave threat, malicious mischief, and falsification of documents.

THE Chinese Embassy in Manila has requested the swift resolution of a shooting incident that left a Chinese citizen dead in a hotpot restaurant in Makati City.

The shooting incident, which was caught on the restaurant’s closed-circuit television camera, took place last October 17.

The suspects were identified as Chinese. One of the suspects was identified as alias “Zi An” while the other was named alias “Bao Long.”

Police suspect the killing was related to the operation of a Philippine Offshore Gaming Operations (POGO) though the suspects have yet to be apprehended.

The embassy said it is assisting the PNP in the investigation.

“The Embassy encourages the Philippine authorities to intensify efforts to swiftly apprehend the perpetrator and ensure the safety of Chinese citizens and their property in the Philippines,” the embassy said in a statement.

“On top of that, the Embassy is also providing consular assistance to and advances necessary post-incident arrangements for the family of the deceased Chinese citizen,” it added.

The embassy said that ensuring the safety of its citizens in the Philippines is its top priority.

“We make every effort to protect the legitimate rights and interests of our nationals staying in this country,” it said, adding that Ambassador Huang Xilian and the Deputy Chief of Mission and Counselor in charge of consular matters exchanged”‚views on”‚China-Philippines law enforcement cooperation with newly appointed Department of the Interior and Local Government Secretary Jonvic Remulla, Bureau of Immigration Commissioner Joel Anthony Viado, top PNP and other law enforcement officials.

“It is our expectation that effective measures be taken to ensure the safety and legitimate rights of Chinese citizens in the Philippines and cases involving Chinese nationals be handled in a fair and just manner,” the embassy said, adding that investigation and resolution should be expedited, particularly those involving serious criminal cases.

The embassy also reiterated that Chinese law prohibits any form of gambling and that the Chinese government welcomes the Philippines’ decision to ban POGO operations and crack down on those still in operation and their criminal activities.

It added that since last July, 140 Chinese associated with POGOs”‚have been repatriated to China.

THE Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) yesterday filed sedition and inciting to sedition charges before the Department of Justice (DOJ) against two lawyers of Kingdom of Jesus Christ (KOJC) founder Apollo Quiboloy and 11 others in relation to public statements they made during the 16-day police operation to serve arrest warrants against the pastor and his four co-accused in child abuse and human trafficking cases.

Thousands of policemen swooped down at the KOJC compound in Davao City on August 24 and searched for Quiboloy and his cohorts among the dozens of structures inside the more than 30-hectare property.

Quiboloy and his companions surrendered to authorities on September 8 after they were given a 24-hour ultimatum, otherwise policemen will assault the building where they were hiding.

Sued for sedition and inciting to sedition were lawyer Israelito Torreon, lawyer Marie Dinah Tolentino, former NTF-ELCAC spokesperson and SMNI host Lorraine Badoy-Partosa, Jeffrey “Ka Eric” Celis, Carlo Catil, Kathleen Kaye Laurente, Trinidad Arafol, Lord Byron Cristobal, Joey Espina Sun, Esteban Lava, Jose Lim III.

Also included in the complaints are several John and Jane Does.

PNP-CIDG acting Director Brig. Gen. Nicolas Torre III personally filed the complaint. Torre, who was the police regional director at the time of the operation, was the overall team commander that led the raid on the KOJC property.

“There are two cases we filed today against the same set of people. We filed charges against 13 people today with other John Does and Jane Does. The two cases are sedition and inciting to sedition,” Torre said in a chance interview after filing the complaint.

He said the actions of Torreon and the others, including “calling on the people to rise against the government to prevent the police from serving the warrants of arrest” can be collectively considered as “acts against the government” and fall under the crime of sedition and inciting to sedition.

The crime of sedition includes a person’s conduct, remarks or speech inciting the public to move against the State or duly-constituted authorities.

“Sa definition ng sedition at inciting to sedition, pumasok ang kanilang mga ginawa, including pagpipigil ng instrumentalities ng ating gobyerno sa pag-carry out ng kanilang mandate, kasama ‘yon sa magiging ebidensya natin (Their actions fall under the definition of sedition and inciting to sedition, including their acts to prevent instrumentalities of the government to carry out its mandate [of arresting Quiboloy]. These will be among our evidence),” said Torre.

He said the public saw how followers of Quiboloy prevented authorities from serving the arrest warrants against the then five fugitives.

“Nakita niyo naman (You all witnessed that) the government was serving a warrant of arrest against the five fugitives and they were preventing us from doing so,” he said.

He said the specific acts of the accused will be clarified during the preliminary investigation as additional documentary evidence will be submitted to the DOJ.

“These (sedition and inciting to sedition) are aside from the other cases that we filed like direct assault, physical injuries against our policemen, disobedience that we lodged before the courts,” Torre also said without giving details. 

PNP spokesperson Brig. Gen. Jean Fajardo said more people will be criminally charged in connection with the police operation in KOJC.

“These are just the initial cases,” Fajardo told a press briefing at Camp Crame, referring to the sedition and inciting sedition cases the CIDG lodged before the DOJ.

OBSTRUCTION OF JUSTICE

“Aside from these cases, we are preparing a case for obstruction of justice,” Fajardo also said.

She said the PNP is still in the process of “documenting” the statements of some people “who said (the) pastor and the others were not there (at the KOJC compound) and if evidence warrants, they will be included in the obstruction of justice case.”

Asked if Vice President Sara Duterte will be among those who will be charged with obstruction of justice, Fajardo said: “Let’s just wait for the complaint. I don’t want to preempt the case that will be filed by the CIDG. We will have to wait.”

A week before the surrender of the 74-year-old Quiboloy, Duterte said she believes the religious leader is no longer in Davao City, and even joked that he was already in heaven.

The Vice President had also said that Quiboloy had a lot of time to leave the city because of the grandstanding in the Senate.

Fajardo said efforts to mislead authorities on the whereabouts of the religious leader will be presented as evidence in the case.

“Obviously, during the 16-day operation of the PNP (at KOJC), there is a deliberate attempt on their part to really hide and deny the whereabouts of Apollo Quiboloy and others,” she said.

“This is a clear indication that from the start, they have the intention to really deny the location of pastor Quiboloy. Their actions…. will serve as supporting evidence of the PNP in the sedition and inciting to sedition cases,” she also said.

HOSPITAL ARREST

Meanwhile, Pasig City Regional Trial Court Branch 159 Presiding Judge Rainelda Estacio-Montesa yesterday denied the petition of Quiboloy to be placed under hospital arrest.

Torreon confirmed the ruling and said their camp will likely file a motion for reconsideration.

“We received this morning, I think, an order denying it. So, we intend to file a motion for reconsideration,” Torreon said.

Despite the adverse ruling, Torreon said they are not losing hope the court will eventually grant Quiboloy’s plea.

“The penultimate portion of it naman there is a ray of hope, so we are relying on that,” he added, without providing the details and reason why the court rejected their request.

The court had earlier directed the PNP to conduct a medical assessment on Quiboloy after he filed a petition last month to be placed under hospital arrest.

He cited his supposed existing medical conditions to justify his plea.

The ruling junking Quiboloy’s plea was made in open court on Thursday.

The court also rejected the request for hospital arrest made by Quiboloy’s co-accused, Ingrid Canada.

Quiboloy and his co-accused are facing child abuse case before the Quezon City RTC and the non-bailable case for trafficking in persons before the Pasig RTC.

STATEMENTS against public officers do not constitute oral defamation or slander when these concern their discharge of official duties, unless it is done maliciously, according to the Supreme Court.

In a decision promulgated on Dec. 6, 2023 but made public only recently, the SC Second Division through Senior Associate Justice Marvic Leonen acquitted Argelyn Labargan of grave oral defamation filed by Aileen Macabangon, a barangay “kagawad” (councilor) of Muntay, Kolambugan, Lanao del Norte.

Records of the case showed Macabangon mediated between Labargan and Edna Jumapit in a barangay conciliation to settle their dispute.

As Macabangon was passing by Labargan’s house on Feb.  21, 2013, she heard Labargan yell from their terrace that Macabangon was dull, uneducated, ignorant, and biased towards Jumapit. As the terrace was beside a highway, many people heard Labargan, the records showed.

This prompted the barangay official to sue Labargan before the Municipal Circuit Trial Court of Kolambugan-Tangkal, Lanao del Norte for grave oral defamation and other light threats.

Labargan was found guilty and her conviction was affirmed by Branch 7 of the Lanao del Norte Regional Trial Court and the Court of Appeals.

The High Court, in acquitting Labargan, held that offensive remarks against public officers do not constitute defamation if they relate to their discharge of official duties, unless actual malice is proved.

“Petitioner’s defamatory utterances against complainant Macabangon were related to her official duties as a barangay kagawad, and the prosecution failed to show actual malice. Hence, this Court grants the petition, and acquits the petitioner of grave oral defamation,” the SC ruling said.

The SC explained that under Article 358 of the Revised Penal Code, there is oral defamation or slander when there is an allegation of a crime, fault, or flaw, made orally, publicly, maliciously, towards a person, alive or dead; and such allegation tends to cause dishonor on the person defamed.

As the law assumes that a defamatory allegation is malicious, or made with knowledge that it is false, the SC said, the person who made the defamatory remarks has the burden of proving there was no malice.

However, it ruled that when it comes to defamation against public officers in relation to their duties, the prosecution has the burden to prove there was actual malice in the defamatory remarks, adding that the constitutional right to free speech empowers citizens to hold public officers accountable because public office is a public trust.

In the case, it said Macabangon is a public officer and that Labargan’s statements against her were criticisms of her competence as a barangay kagawad, specifically her supposed bias against the latter in the barangay conciliation proceedings.

As the statements related to Macabangon’s duties, the prosecution must prove actual malice on the part of Labargan, which it failed to do.

“While petitioner’s (Labargan) declarations may be offensive, they are not actionable by themselves. Being sensitive has no place in this line of service, more so when allowing otherwise has the potential to create a chilling effect on the public,” the SC said.

“Due to the prosecution’s failure to prove malice in uttering the defamatory statements, this Court finds that the petitioner is not guilty of grave oral defamation,’ it added.

Concurring with the decision are Associate Justices Amy Lazaro Javier, Jhosep Lopez, Mario Lopez and Antonio Kho Jr.

THE Department of Justice has rolled out a forensic training program for its prosecutors to equip them with the necessary skills while fostering stronger collaboration between the prosecution and law enforcement agencies in the investigation of crimes.

The training program, which started last September 30 and ended on October 3, was attended by state prosecutors and forensic experts from the National Bureau of Investigation.

The US State Department Bureau of International Narcotics and Law Enforcement Affairs and the International Development Law Organization supported the training program as part of their efforts to capacitate DOJ prosecutors.

Justice Secretary Jesus Crispin Remulla said the prosecutors were trained in crime scene investigation, behavioral science, photography and multimedia, firearms and ballistics, chemistry, and medico-legal. Biology and digital forensics.

“The learning activities were designed not only to equip the prosecutors with working knowledge on forensics and hone critical thinking skills but also to foster stronger collaboration between the prosecution and law enforcement agencies of the government, including forensic experts,” Remulla said.

Remulla also underscored the importance of forensics in building up cases and their resolution.

“Forensics is undeniably the cornerstone of justice, it being the very basis of concrete, real and credible evidence necessary in the quest for justice. In our modern era today where justice must be delivered without delay yet impartial, a deep understanding of forensics would indeed be indispensable for our very own prosecutors,” he added.

Last year, Remulla said the DOJ was working with the office of the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions Dr. Morris Tidball-Binz to come up with a forensic program to enhance the capacity of government doctors and law enforcement authorities, especially in probing cases of “wrongful deaths.”

PROSECUTOR General Benedicto Malcontento has tendered his irrevocable resignation from his post.

“I have served the National Prosecution Service, Department of Justice, for the last five years. I have decided to pursue other endeavors,” Malcontento said in a one-page letter dated October 16 addressed to the Office of the President.

“It has been a pleasure and an honor to serve the National Prosecution Service-DOJ,” he added.

Last month, Justice Secretary Jesus Crispin Remulla issued Department Order No.632 reassigning Malcontento to his office “where he shall directly perform duties and functions as may be delegated or assigned by the undersigned.”

This effectively put Malcontento on floating status without a specific mandate or responsibility.

Remulla designated Senior Deputy State Prosecutor Richard Anthony Fadullon as officer-in-charge of the Office of the Prosecutor General “with full authority to discharge the functions of the said office.”

Malcontento was appointed to his post in 2019 by former President Rodrigo Duterte. — With Jocelyn Montemayor

OUSTED Albay governor Noel Rosal has sought the intervention of the Supreme Court in stopping the Commission on Elections (Comelec) from halting his candidacy to reclaim his post.

In a petition for the immediate issuance of a temporary restraining order, writ of preliminary injunction, and or status quo ante order dated October 11, Rosal through lawyer Romulo Macalintal said there is a need for the High Court to issue an injunction “due to the immediate and threatened injury” to his right as a candidate in the 2025 national and local elections.

Rosal filed his certificate of candidacy (COC) for Albay’s gubernatorial post last October 3.

The Ombudsman, in a resolution released in August, declared the former governor guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the best interest of the service for removing three provincial officials from their posts and assigning them to lesser positions.

Rosal said unless the high court issues a temporary restraining order and/or status quo order directing the Comelec to stop implementing its Resolution No. 11044-A, he “will suffer grave and irreparable injury” as a candidate for governor of Albay because his name will not be included in the official ballot.

“The assailed resolution bars a public elective official, like herein petitioner, who has been dismissed by an order of the Ombudsman, with accessory penalty of perpetual disqualification from holding public office, from seeking an elective office even while his appeal is pending before the Court of Appeals,” he added.

Rosa said the Comelec resolution, issued on September 4, amended Resolution No. 11044 which limited the cancellation of COCs of public officials dismissed to final conviction in criminal cases and does not apply to administrative cases decided by the Ombudsman and whose accessory penalty of perpetual disqualification to hold public office is pending appeal.

Rosal said such accessory penalty shall apply only in cases where the Ombudsman decision has already become final and executory which, he added, has been the consistent ruling of the poll body in previous elections.

He said that on September 4, his camp received a copy of the Ombudsman’s resolution dismissing him from the service with perpetual disqualification to hold public office.

“What a weird coincidence. The assailed resolution was promulgated by the Comelec on the same day that petitioner received a copy of the Ombudsman resolution imposing upon him the penalty of dismissal, on 4 September 2024, making petitioner an easy target thereof,” Rosal said.

In the same ruling, the Ombudsman also meted a one-year suspension on Rosal’s wife,  Legazpi City Mayor Carmen Geraldine Rosal, after she was also found guilty of administrative charges involving the reassignment of several department heads in 2022.

He said he filed a timely appeal of the resolution before the Court of Appeals on September 16 and the appeal is still pending resolution by the appellate court.

Rosal said if the poll body is allowed to have its way, preventing his running for the gubernatorial post, it will deprive Albayanos of their right to choose whoever they want to run the province.

Rosal won the 2022 gubernatorial race in Albay, with 469,481 votes as against the 230, 735 votes of his closest rival, Al Francis Bichara.

ANOTHER petition challenging the constitutionality of the transfer of P89.9 billion in unused funds of the Philippine Health Insurance Corporation (PhilHealth) to the National Treasury was filed before the Supreme Court yesterday.

The petitioners are retired SC Senior Associate Justice Antonio Carpio, former Ombudsman Conchita Carpio Morales, lawyer Howard Calleja, Fr. Robert Reyes and members of the 1Sambayan Coalition.

They were accompanied by former Commission on Audit commissioner and 2025 independent senatorial bet Heidi Mendoza, former Finance undersecretary Cielo Magno, and members of the UP Law Class of 1975.

Meanwhile, another group led by former Bayan Muna party-list representatives Neri Colmenares and Teddy Casiño asked the High Court to issue a temporary restraining order to halt the fund transfer.

The two petitions were filed on the day the third tranche of the PhilHealth unused funds amounting to P30 billion are scheduled for transfer.

The state health insurance agency has remitted to the National Treasury twice — P20 billion in May and P10 billion in August. The remaining P29.9 billion is slated to be remitted next month.

Carpio’s group, in the 46-page petition for certiorari and prohibition, also asked the magistrates to issue a temporary restraining order (TRO) and a writ of preliminary injunction and other injunctive remedies to halt the transfer of the PhilHealth funds.

They argued that the circular issued by the Department of Finance (DOF) on February 27 this year allowing the fund transfer violated the 1987 Constitution.

The circular was issued in compliance with the 2024 General Appropriations Act directing the DOF to come up with guidelines to implement the collection of unprogrammed appropriations sourced from fund balances of government-owned-and-controlled-corporations.

The petitioners argued that Paragraph 1 (d), Chapter XLIII of the 2024 GAA is unconstitutional as it violated Article VI, Section 25(5) of the Constitution, which provides that “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.”

USURPATION

Carpio’s group said the Finance chief is not among the officials listed in the provision.

“Pursuant to the principle of expressio unius est exclusio alterius (the express mention of one thing in law implies the exclusion of others not expressly mentioned), the Department of Finance Secretary is not authorized to transfer unused or excess funds from GOCCs, such as PhilHealth, back to the National Treasury,” they added.

They said Finance Secretary Ralph Recto, in effect, has usurped executive powers by transferring unused PhilHealth funds to the treasury, a power they added is reserved solely for the President.

The petitioners further explained that even if the President was authorized by law to order the transfer of such funds, it would still be unconstitutional because PhilHealth funds are considered special funds that cannot be transferred unless their purpose has been fulfilled or abandoned, as provided under Article VI, Section 29 of the Constitution.

“Any attempt to reallocate PhilHealth funds for another purpose, regardless of its merit, would have no legal basis or unconstitutional, “they added.

Recto has defended the transfer saying government is only doing what Congress has empowered it to do. He also assured the public that taking back PhilHealth’s excess funds would not affect its ability to provide services.

Colmenares and Casiño, in their petition, also urged the High Court to tap Ibon Foundation Director Sonny Africa as an amicus curiae for next year’s oral arguments on the case.

They said Africa will be able to help the Court thresh out the issue considering his research and study on the budget, economic issues, and budgetary processes.

Earlier, the SC set oral arguments for Jan. 14, 2025 on the petitions filed by the group of opposition Sen. Aquilino “Koko” Pimentel III and Bayan Muna.

THE Metropolitan Manila Development Authority yesterday said shopping malls in Metro Manila will open from 11 a.m., instead of 10 a.m., from November 18 to December 25 in light of the expected heavy traffic flow in the metropolis due to the holiday season.

There are 131 shopping malls in Metro Manila and 29 of them are located along EDSA, the metropolis’ prime thoroughfare.

“The closing of mall shopping hours will depend on the mall operators’ preference. But we encourage them to extend to give the public more time to do their errands and last-minute shopping,” MMDA chief Romando Artes said in a press briefing at the MMDA main office in Pasig City after he met with representatives from SM Malls, Robinson’s, Ayala Malls, Meralco, PLDT, Globe, DITO, Manila Water, and Maynilad.

The extension of mall hours is one of the measures to be implemented to alleviate the expected traffic congestion in the metropolis due to the holiday season.

Artes said “mall-wide sales shall also not be allowed” during the same period, but sales on certain stores or outlets inside malls may be allowed even on weekdays provided that no announcement, advertisement, or tarpaulin of the same is posted.

Artes said deliveries of shopping mall operators shall only be allowed from 11 p.m. to 5 a.m. the following day, except for perishable goods such as food and ice.

Mall operators are also required to submit their traffic management plan to the MMDA for their respective mall sales and other promotional events two weeks before the scheduled dates.

A temporary suspension of all road right-of-way excavation activities in Metro Manila will also be implemented effective midnight of November 18 up to midnight of December 25.

Artes said this includes road reblocking works, pipe-laying, road upgrading and other excavation works that may hinder or disrupt the flow of traffic.

“Exempted from the moratorium are flagship projects of the government, DPWH bridge repair and construction, flood interceptor catchment projects, and emergency leak repair, among others,” he said.

Artes also said the MMDA will request the Department of Transportation to extend the public transport system’s operating hours, especially the EDSA Bus Carousel, LRT and MRT, to accommodate late-night commuters and mall employees.

“We have to implement remedial measures to reduce traffic congestion as vehicle volume in Metro Manila increases during the holidays,” he said.

Based on the latest data from the MMDA Traffic Engineering Center, as of September 24, 421,000 vehicles are traversing EDSA daily.