Tuesday, November 18, 2014

Ecija judge facing dismissal, disbarment anew for invoking ‘obsolete law’ in poll protest

CABANATUAN CITY – A Regional Trial Court (RTC) judge, who was dismissed and disbarred by the Supreme Court in 2010 for dishonesty and falsification of public documents but later escaped with a mere one-year suspension, is facing disbarment anew for grave misconduct and gross ignorance of the law for issuing a ruling based on an obsolete provision of law.

Cabanatuan RTC Branch 30 Presiding Judge Virgilio Caballero has been slapped an administrative complaint before the SC in a 28-page administrative complaint for grave misconduct, manifest partiality, gross ignorance of the law and willful violations of the Code of Judicial Conduct and Code of Professional Responsibility in the discharge of his official duty as member of the judiciary.  

Caballero is the same judge who was charged with an administrative complaint in 2009 and found guilty of dishonesty and falsification of an official document by the Supreme Court which in 2010 dismissed him as a judge and disbarred him.

He filed a motion for reconsideration with the High Court which reduced his penalty to one-year suspension from service and practice of law. 

The latest complaint was filed by Aliaga, Nueva Ecija Mayor Elizabeth Vargas who sought to turn the said complaint as a disciplinary action against Caballero. Vargas is locked in a legal battle with her rival, businessman Reynaldo Ordanes for the mayorship of Aliaga.

Vargas, a four-term mayor and wife of former three-term mayor Marcial, was proclaimed winner by the municipal board of canvassers last year, garnering 11,477 votes to Ordanes’ 11,413 or a difference of 64 votes. 

But Ordanes, brother of Quezon City assessor Rodolfo, filed an election protest before the court, claiming massive fraud. He questioned the results in 13 of 58 clustered precincts.

Vargas sought the dismissal of the protest on the ground of insufficiency of form and substance, saying the protest does not contain a detailed specifications of fraud nor any competent evidence that would justify the revision of ballots.

Last May 28, Caballero promulgated a decision proclaiming Ordanes the winner by 11 votes after deducting 72 votes from Vargas’ total. On June 19, he issued an order granting Ordanes’ petition for the issuance of a writ of execution pending appeal until further notice.

The Commission on Elections, sitting En Banc, has issued a Temporary Restraining Order enjoining Caballero from implementing his June 19 order.

In her complaint, Vargas noted that Caballero, in his decision deducted 72 votes from her on the ground that the shades of ballots failed to comply with the threshold limit  and by this, should have been considered stray and not counted in her favor.

Vargas claimed that Caballero based his ruling on an old law which has already been amended. She added that Caballero also did not credit in her favor an additional 21 votes which represent the increase in her votes in the contested precincts based on physical count over the election returns.

Vargas cited that the Commission on Elections’s Second Division, in a July 15,2014 resolution said that after examining the records of the case, it found that Caballero “appears to erroneously rely upon the 2010 Rules of Procedure in election protests.”

In the same resolution, the poll body said assuming the disputed ruling is still applicable, Caballero also committed an error when he himself examined and appreciated the ballots  when the same ruling provides that “any issue as to whether or not a certain mark or shade is within the threshold shall be determined by using the PCOS machine and not by human determination.”

Vargas said Caballero is liable for gross ignorance of the law when he displayed “utter lack of familiarity with the rules, thereby eroding the public’s confidence in the competence of the courts.”

“Because of respondent Judge Caballero’s gross ignorance of the law, he applied an outdated, obsolete and already amended rule which in effect caused the disenfranchisement of 72 voters from Aliaga, Nueva Ecija,” the complaint stated. “Had respondent Judge Caballero not been so grossly ignorant of the law, he should have applied Comelec Resolution 9765 in its May 28,2014 decision,” the complaint said.

It added that Caballero also violated Canons 5,6 and 10 of the Code of Professional Responsibility which provide that a lawyer shall keep himself abreast of legal developments and participate in continuing legal education programs.

The complaint also cited the previous administrative complaint against Caballero which, it further noted, was not reversed but was actually affirmed wherein the High Court even warned that “subsequent misconducts on his part will be dealt with more severely.”

           It described Caballero as a “recidivist” whose infractions show that “he had not learned his lessons and heeded the warnings|” of the Supreme Court. (Manny Galvez) 

Bill passed to give martial law victims more time to file claims; ethnic origin to be included in national census

MANILA-The Senate passed on third and final reading a joint resolution seeking to extend the deadline for the filing of claims by martial law victims by six months.
    Senator Aquilino “Koko” Pimentel III, chair of the Senate Committee on Justice and Human Rights and sponsor of Senate Joint Resolution No. 10,otherwise known as “Joint Resolution Extending the Period For Filing Of Claims For Reparation Of Human Rights Violations Victims under Republic Act No. 10368, said that the approval of the joint resolution would give martial law victims more time to file their claims for repatriation and compensation. RA 10368 is known as the Human Rights Victims Reparation and Recognition Act of 2013.
     Aside from Pimentel, the measure was co-authored by Senators Chiz Escudero and Teofisto “TG” Guingona III.
     “The Human Rights Victims Claims Board (HRVCB) has encountered an unprecedented number of claims from human rights victims. Due to the sheer number of the applications, compounded by the board’s undermanned staff, the Board may not be able to accomplish its duties within the period prescribed by law,” Pimentel told colleagues during his sponsorship speech.
     “So as not to duly prejudice our aggrieved countrymen for whom RA 10368 was primarily enacted, and to accord the HRVCB sufficient period to discharge its statutory duty, the HRVCB should be allowed to extend the period to accept human rights victims’ claims for another six months from November 10, 2014 or until May 11, 2015,” he added.
    According to the Philippine Alliance of Human Rights Advocates (PAHRA), a coalition of human rights groups, the HRVCB had received only around 29,000 claims as of October this year. PAHRA chairman Max de Mesa said the board expected about 55,000 to 90,000 more applications to be processed.
    "There are, in fact, more than 7,000 undocumented human rights victims from the cursory research conducted by our group, apart from the more than 9,000 Hawaii class suit claimants, De Mesa said.
“The extension, more than the filing of claim, ensures that all human rights victims will be given access to a means of gaining redress for the sufferings and sacrifices that they endured during the Martial Law,” he added.
Pimentel, whose father, former Senate President Aquilino “Nene” Pimentel, Jr. was jailed for opposing former President Ferdinand Marcos during the martial law era, said in a radio interview early November that martial law victims could continue to file their claims for compensation once Senate Joint Resolution 10 and its counterpart, House Joint Resolution 16 would be enacted into law.                                                                            Akbayan party-list Rep. Ibarra Gutierrez, one of the authors of  House Joint Resolution No. 16, said the resolution would have a retroactive effect. The House of Representatives had passed Joint Resolution 16 on final reading before Congress adjourned last October.
Pimentel said he already asked the HRVCB to continue accepting claims even after the filing period as prescribed under the Human Rights Victims Reparation and Recognition Act of 2013 had elapsed.
“I asked the Board to continue receiving claims. We will approve the resolution by mid-November that would give chance to all human rights victims to file their claims for another six months,” Pimentel said.
    Meanwhile, the Senate also passed on third and final reading a bill which seeks to include the ethnic origin in the national survey conducted by the Philippine Statistics Authority.
Senator Loren Legarda, who authored and sponsored Senate Bill No. 2426 or the Ethic Origin Act of 2014, said the government had no adequate information on the population of the different ethnic groups in the Philippines.
“The population data on the indigenous peoples (IPs) and indigenous cultural communities (ICCs) vary depending on the group handling the research or using the data. This reality compels us even more to obtain the accurate data. The Episcopal Commission on Tribal Filipinos (ECTF) estimates our IP/ICC population to be between 6.5 and 7.5 million, while the International Labour Organization (ILO) estimates it to between 12 and 15 million. This reality compels us even more to obtain the accurate data," Legarda said in her sponsorship speech.
Under the proposed measure, she said, the Philippine Statistics Authority (PSA), in coordination with the National Commission on Indigenous Peoples (NCIP), would employ enumerators or deploy NCIP employees to gather data on Ethnic Origin during the conduct of the national survey and national census.
Such information, Legarda said, would contribute to the effective implementation of the Indigenous People’s Rights Act (IPRA)(Pilar S. Macrohon)


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