Senate OKs funding for 60,000 free WiFi spots

MANILA-The Senate version of the 2015 national budget funds the setting up of at least 50,872 free Wi-Fi spots  all over the country so Internet access can aid learning, link farmers and traders to markets, and connect the public to information that will improve their lives.

Senate President Pro Tempore Ralph Recto said the Senate Finance committee has recommended to increase next year’s budget of the Department of Science and Technology’s (DOST) Public Wi-Fi Program from P338 million to P3 billion.

Recto, who chairs the Finance subcommittee in charge of the DOST, said agency officials led by Secretary Mario Montejo “welcome, support and are pleased with the Senate initiative.”

Last Tuesday, Senate Finance committee chair Sen. Francis Escudero read the amendment on the floor.

If implemented the program will provide Wi-Fi service to 7,917 public high schools, 38,694 public elementary schools, 113 state colleges, 1,118 public libraries, public spaces in 1,490 towns.

In the blueprint drafted by the DOST, Wi-Fi connectivity will also be installed in 895 provincial, regional hospitals, and government-run medical centers in Metro Manila.

“The reason behind this is that if you’re a son of an OFW and you would like to Skype with your father who is in the Middle East because a member of the family has been stricken ill, then you can do it within the hospital premises,” Recto said.

“Or if the hospital staff would like to transmit patient data, then there’s a facility for that.”  

Recto said the rationale behind the program is to tap it for social good. “So it’s the reason why it will be set up in libraries and schools so it can aid in research and instruction, and promote reading.”

The senator said Wi-Fi will also be set up in Public Employment Service Offices to help the jobless search for employment.   

“It will also be set up in town halls.  Kaya kung, halimbawa, ang isa ay malapit sa Municipal Agriculture Office, pwedeng gamitin ito upang alamin ang presyo ng gulay sa Maynila. Ito naman ang layunin talaga : to help real farms and not just to play Farmville.”

“Or kung nasa Civil Registrar’s office ka at may problema ka sa birth certificate mo, doon mismo pwede kang tumawag sa sino mang makakatulong sa ‘yo.”

Free Wi-Fi will also be installed in 85 airports, 41 seaports and 69 LRT, MRT and PNR stations, Recto said.

“DOT has declared 2015 as Visit Philippines Year. Not only that, we are expecting visitors ranging from the Pope to Putin. If we’re expecting millions more travelers, then among the convenience we can offer them is free Wi-Fi,” Recto said.

Pope Francis will visit the Philippines on the third week of January while Russian leader Vladimir Putin will join 20 other Pacific Rim leaders for the APEC Leaders’ Summit in November.

“Alam natin kung gaano kahalaga ang komunikasyon sa byahe. Kung nasa NAIA ka at na-delay ang flight mo ng tatlong oras, may paraan ka para maabisuhan ang sundo mo.”

“Or kung sakay ka ng isang tumirik na MRT, at may kailangan kang ipadalang dokumento, pwede mong gawin iyon kung may Wi-Fi signal sa loob ng bagon.”

“If our vehicular highways are congested, then we should tap the information highway and we can telecommute if the infra is there,” he said.

Recto said the Wi-Fi funding was a result of the Senate’s decision to defer by one year the lease-purchase by the DBM of laptops which will later be issued to selected government employees. 

“I think it is the win-win situation. We set up the access points first. Kasi ngayon ang ang teachers, halimbawa, ay may mga smartphones na. Ang problema nila ay hindi sila maka-connect sa Internet. Then kung nakatayo na ito, we bring in the laptops.”

“Gusto rin kasi natin na palawakin ang laptop program ng DBM. Isang mungkahi dito sa Senado ay isama ang pulis para meron silang handheld device na kung may nahuli man na snatcher o pasaway na driver, pwedeng i-search na kaagad kung may previous record ang mga ito.” 

Legarda: T’boli Dreamweavers to Showcase their Craft at National Museum

MANILA-T’boli weavers from Lake Sebu, South Cotabato will showcase their famous dream-inspired weaving during a two-day demonstration at the National Museum, said Senator Loren Legarda.

Legarda, patron of the country’s first permanent textile gallery, Hibla ng Lahing Filipino, said that the T’bolis are the featured weavers at the gallery on November 22-23, from 1:30-4:30 p.m.

“For the T’bolis of Lake Sebu, weaving, embroidery, beadwork and belt-making are important skills in keeping traditions alive because every item they make is an important part of their life,” she said.

For instance, the t’nalak is a cloth made of abaca that is usually used by the T’bolis during milestones like birth, marriage and death; while the embroidery they use to accentuate their traditional blouses narrate the story of their relationship with nature and the spirits.

“T’boli weavers are often called dreamweavers because the patterns they use for weaving are usually inspired by their dreams. The weaving demonstration is a chance for citizens to interact with these weavers,” said Legarda as she encouraged Filipinos to visit the museum for the demonstration.

The weekly weaving demonstrations at the Hibla gallery are part of the Lecture Series on Philippine Traditional Textiles and Indigenous Knowledge, which Legarda, in partnership with the National Museum, initiated since 2012 to perpetuate weaving and indigenous knowledge.

Previous demonstrators include the Ifugao weavers from Kiangan; the Kalinga weavers from Mabilong Weaving Center of Buscalan; weavers from Samoki, Mountain Province;sinamay weavers from Arevalo, Iloilo; the Panay Bukidnons who showed their panubokembroidery; patadyong weavers from the Bagtason Loom Weavers Association in Bugasong, Antique; weavers from the Yakan Village in Zamboanga City; and Mandaya weavers from Caraga, Davao Oriental.

The weaving demonstrations can be viewed on Saturdays and Sundays, at the Hibla gallery, located at the 4th Floor of the Museum of the Filipino People, Finance Road, Manila.

Drilon: Malicious lies and accusations vs. ICC to blame for project snags

MANILA-Senate President Franklin M. Drilon today said that the baseless allegations weaved from Wikipedia articles and whispered rumors are to be blamed for the latest delays on the construction of the Iloilo Convention Center (ICC), which is gunning for completion in time for the 2015 Asia-Pacific Economic Cooperation (APEC) meetings in Iloilo City.

Drilon underscored that the accusations made by a known political operator against the ICC, which is now the subject of a Senate probe, is “directly responsible for the failure of bidding for the second phase of the ICC’s construction.”

         

“Because of the malicious and baseless allegations against the construction of the ICC, contractors and other participants are getting afraid that their names and businesses will be the next target of lies being concocted, and that their names will be dragged into the issue,” said Drilon.

He cited the statements of Department of Public Works and Highways (DPWH) Region VI Director Edilberto Tayao, who admitted that the ICC project is facing delays because contractors have apprehension participating in the bidding to complete the project.

“Contractors with the capability to complete a project as big as the ICC did not join anymore, and those who remained were hesitant to bid at lower than P200 million, which is above the project’s approved budget of contract of P187 million,” according to Tayao, adding that major contractors who had previously participated in the bidding for the ICC’s first phase did not do so anymore in the second bidding conducted last October 20.

Tayao also noted that due to the delay, the project’s completion is pushed back to May or June of 2015: “It will take another month to find a qualified contractor for the project’s Phase 2. If that second bidding also fails, we then have to go into a negotiated bidding, as permitted under law.”

“It is unfortunate that just because of lies, and of spiteful and baseless allegations hurled against the project and its proponents and implementers, Ilonggos could lose the opportunity of hosting the 2015 APEC meetings, along with all the tourism and economic developments prospects that this event brings,” Drilon stressed. 

Drilon said he agreed with the Sangguniang Panlungsod of Iloilo City that the ICC overpricing issue could “delay the edifice’s completion and jeopardize Iloilo City’s hosting of the APEC ministerial meetings.”

“If that happens, Ilonggos stand to lose the chance to make new jobs and sources of livelihoods in their communities. This is a very rare opportunity we fear we can never have again,” he emphasized.

The Senate chief said he will continue to answer questions regarding his participation in the ICC project. But he wished that the Iloilo and its developmental plans be spared from politically-motivated smear campaigns.

“I have nothing to hide, and I will hide nothing. But this sinister agenda of some should not spoil the progress of Ilonggos, who have been trying to achieve their dreams of progress in the past years, made possible by opportunities provided by the present administration,” Drilon concluded. 

DSWD to get P3.4 B for free meals for 2 M underweight kids

MANILA-Government’s massive feeding program for undernourished children next year will cover even those not yet in school, as two million 2 to 5 year old tots will be fed healthy meals by the Department of Social Welfare and Development (DSWD), Senate President Pro Tempore Ralph Recto said today.

Recto said this will be made possible through a P3.36 billion allocation in DSWD’s P109 billion budget for 2015.      

Recto said there will be “a division of labor” in government in erasing the nutritional deficiencies of millions of “wasted and severely wasted” children.

The DSWD will take care of those not yet in school while the Department of Education will undertake its own supplemental feeding program for 1.93 million gradeschoolers courtesy of a P3.8 billion allocation in the national budget.

The Senate, he said, has raised the Education department’s schoolfeeding budget by P2.49 billion.

“Combined, the budget for supplemental feeding is about  P7.2 billion while the total number of beneficiaries will reach almost four million,” Recto said.

DSWD's program involves serving one hot meal a day for 120 days to 2,053,383 2-5 year olds in daycare centers, or those under the care of neighborhood associations or community nurseries.

Bulk of the funds will be coursed through local governments, Recto said.  

“But the implementation will be handled by a local consortium which will include the parents of beneficiaries, barangay councils, and civic groups.”

“I think the program will operate under the motto ‘It takes a village to feed a hungry child,’” he said. 

Recto said the Senate Finance subcommittee he chairs has also recommended to increase the DSWD budget for care and nutritional needs of streetchildren by P50 million. 

Legarda Pushes for Provision on Heritage Sites Conservation under 2015 Budget

MANILA-Senator Loren Legarda, Vice Chairperson of the Senate Committee on Finance, is proposing to include in the 2015 National Budget a provision that will ensure the protection of heritage sites and structures all over the country.

Citing the destruction of many historical structures—among the most recent include the Art Deco Michel Apartments, the Army and Navy Club and the Admiral Hotel in Manila, the Bancal Bridge in Zambales Province, and the Dampol Bridge in Nueva Vizcaya—Legarda said that Congress must act now to protect the country’s built heritage.

“We wish to propose a special provision that would prevent the use of public funds for infrastructure projects that will destroy or alter built heritage, open spaces, and cultural landscapes regardless of whether or not these were previously declared by the National Commission on Culture and the Arts (NCCA), the National Historical Commission of the Philippines (NHCP), or the National Museum,” she stressed.

The Senator said that renovation of built heritage and infrastructure projects on heritage sites will only be allowed after due consultation with the public and stakeholders, which consultation shall be administered by the NCCA. She said that there might be instances when such infrastructure projects may be necessary especially if the heritage structure may put at risk public safety.

Moreover, Legarda also proposed a special provision for the preservation and restoration of existing Gabaldon school buildings as part of the preservation of the country’s cultural heritage.

Gabaldon school buildings were designed by American architect William Parsons and funded through Act No. 1801 authored by Philippine Assemblyman Isauro Gabaldon. They have high ceilings, spacious corridors and rooms that are divided by wooden collapsible partitions with wide windows made up of capiz shells.

“I am confident that our agencies tasked to protect our culture and heritage are committed to their duty. That is why we continue to empower them by providing them with sufficient budget and manpower. These special provisions aim to give further support to our cultural agencies to effectively carry out their mandate,” said Legarda.

Drilon asks gov’t to intensify info campaign on Ebola

MANILA-Senate President Franklin M. Drilon today underscored the urgent need to address the growing misinformation and misunderstanding about Ebola.

Drilon said the flak received by acting Health Secretary Janette L. Garin when she went to Caballo Island highlights the need to step up information campaigns about Ebola.

“There is undeniably a growing misunderstanding about the disease which creates unnecessary panic and anxiety among our people. I myself have a very limited knowledge about the virus and so do my colleagues,” said Drilon, adding that many Filipinos are unaware of the on the nature and symptoms of Ebola, hence the panic and fear.

“That is why the government must immediately intensify its information dissemination campaign in order to allay fears and prevent the spread of speculations and rumours which only confuse the public,” Drilon stressed.

“At this time when Ebola is a threat, I appeal to everyone to allow the experts to speak and educate the public. Let us avoid creating undue fear and panic. Let us be united in maintaining our country’s Ebola- free status,” Drilon emphasized.

The Senate leader also said he believes that Garin, as the chairperson of the Inter-agency Task Force for the Management of Emerging Infectious Diseases in the Philippine, was only performing her duties when she went to Caballo Island to ensure that the Filipino United Nation Peacekeepers are afforded the proper medical care.

“Peacekeepers were checked and nobody was symptomatic when the inspection was conducted,” noted Drilon.

“As a health professional, Garin is fully aware of her actions. Let us not go overboard. I believe she will avoid actions that will endanger the public,” he added.

Drilon also said that he was informed by DOH that the wearing of personal protective equipment (PPEs) is only required when in close contact with a person who is displaying the symptoms of Ebola. PPEs are also in limited supply around the world, hence the DOH is ensuring that PPEs are used properly only when needed. 

NOLCOM Christmas Park Opens for Viewing

CAMP AQUINO, Tarlac City – Northern Luzon Command opened a new attraction with the lighting of NOLCOM Christmas Park located inside Camp Aquino, San Miguel, Tarlac City on November 18, 2014 at exactly 6:00 pm.  This is an additional attraction for the Yuletide Season after Camp Aquino captured attention from the public when the AFP NOLCOM Belen entry for Belenismo sa Tarlak 2014 Festival was unveiled and lighted last November 4 at NOLCOM main gate. The Christmas Park is open to the public for viewing.

The NOLCOM Christmas Park include a Belen, giant Christmas Tree and Christmas lanterns, to include the entries of the Lantern Making Contest participated by the different NOLCOM offices. These Christmas lanterns are made of recyclable materials which were crafted by the soldiers with their own initiative and creativity.

“We did this not only for our own benefit, but also to join the Filipino people in the time honored Filipino Tradition of celebrating Christmas and add festivity in the celebration of this season.” LtGen Trinidad explained. He further added that, “Although we only have limited resources, we still give much importance in sharing the spirit of Christmas and to be united in pursuing the peace and development of our nation.”

Cabanatuan trike driver tears P20 bill, is arrested, charged

CABANATUAN CITY – A 36-year-old tricycle driver has been arrested by police and is facing charges and a possible prison term here after tearing a P20 bill paid to him by a lady employee of the Department of Justice.

         Police Superintendent Joselito Villarosa, Cabanatuan police chief, identified the tricycle driver as Alexander Sunga of Purok 3, Barangay San Juan Accfa.

         Villarosa said Sunga was arrested by local police after he angrily tore the P20 bill, with serial No. JT935015, paid as transportation fare by Elizabeth Pangilinan Diesta, 54, administrative assistant of the DOJ here.

        The bill-tearing incident, Diesta said, happened Monday morning.

        Tearing of central bank notes and coins is prohibited under Presidential Decree 247 signed on July 18,1973 by then-President Ferdinand Marcos.  Aside from tearing, it also prohibits and penalizes defacement, mutilation, burning or destruction of notes and coins which are issued by the Central Bank for circulation as medium of exchange.

          The law said utilizing them for other purposes does not speak well of the due respect and dignity befitting the currency and unfavorably reflect on the discipline of the people and create a bad image for the country.

          Any person found to violate the Decree shall be slapped with conviction, a fine of not more than P20,000 and/or by a maximum imprisonment of five years.

          Police said that Sunga apparently was disgusted with the amount given him by Diesta and was demanding for more.

         Tricycle drivers in this city have often been the butt of complaints of passengers due to overcharging and refusing to convey them among other complaints.

        This city has been hailed as the country’s tricycle capital with an estimated 14,000 tricycle units plying this city’s route daily.

        A criminal complaint for violations of PD 247 (Tearing of Currency Notes) and unjust vexation was forwarded to the Cabanatuan City Prosecutor’s Office. – Manny Galvez

Legarda Urges TESDA to Create Culture-Based Vocational Courses

MANILA-Senator Loren Legarda today urged the Technical Education and Skills Development Authority (TESDA) to create culture-based vocational courses as part of efforts to support indigenous peoples (IPs) and promote Philippine culture.

Legarda, Chair of the Senate Committee on Cultural Communities, made the statement at the opening of the Conference on Technical Vocational Education and Training (TVET) for Indigenous People of the ASEAN held today at Bayleaf Hotel in Intramuros, Manila.

“Through TESDA’s TVET, we can provide our IPs better employment and livelihood opportunities. But while we empower our IPs through skills development and enhancement for employment in mainstream industries, I urge the creation of culture-based vocational courses,” she said during her keynote speech.

“Many of the crafts of our IPs are sought after in other countries, but the supply, especially of handmade products, cannot keep up with the demand because a handwoven cloth made of abaca or handmade basket made of nito would take weeks or months to complete. This economic opportunity is what we must present to our IPs. We need not take our IPs out of their communities, which they strive to preserve as part of their heritage. We can provide the needed livelihood support to them by promoting their culture through traditional skills training program,” she added.

Legarda said that TESDA can partner with local government units, especially those with Schools of Living Traditions (SLTs), and cultural agencies in creating culture-based courses.

“We have to develop interest in traditional skills like hand weaving, embroidery, tabungaw-making, basket-weaving, pottery, and likewise present the economic opportunities that can be derived from acquiring or improving on such skills,” she stressed.

The Senator also said that stronger support for IPs is needed especially with the emergence of the ASEAN Economic Community (AEC).

“ASEAN’s bold vision of achieving the free flow of goods, services, investment, and skilled labor in the region may help us achieve higher productivity and economic diversification. But we have to consider a lot of things—our indigenous communities are among our concerns. Aside from protecting their traditional and intellectual property, IPs should be socially and economically empowered," she said.

“Basic services, including access to education and healthcare, should be provided to them. Most indigenous communities are located in isolated and disadvantaged areas. We must create a system that would enhance delivery of basic, social, technical and legal services,” said Legarda, who has filed Senate Bill No. 2209 that will create resource centers for IPs, which shall serve as access centers to enhance delivery of these services.

Budget needs rearview mirror

MANILA-The 5,947-page national budget package may be as thick as an encyclopedia set, but it has one fault : It doesn’t tell what happened to funds appropriated in the previous national budget.

Senate President Pro-Tempore cited this weakness of the current budgeting system in pushing for “the installation of the rearview mirror on the national budget.”

Recto bewailed that despite the “fine print of nine budget documents”, nowhere is there a section which says that the projects and programs authorized in the past budget have been implemented or not.

“You can go through the almost 6,000 pages line by line but you won’t find anything which says that the projects lovingly enumerated in the previous year’s budget have been completed,” Recto said.

“Wade through the thicket of numbers and there’s nothing there which says if 61,510 teachers were indeed hired last year, if the plan to recruit 9,000 pushed through, if the roads catalogued in the DPWH budget were indeed built,” Recto said.

To cure this defect, Recto proposed a “new budget accountability” form which reports on the status of projects funded by the immediate General Appropriations Act.

He said this can be done by using the GAA format, “but it will now be returned to us with annotations showing line-by-line if the projects were indeed implemented.”

“If a line-item in the 2015 GAA says that P100 million is appropriated for this road in Cebu, then what we want is for the government to submit in 2016 the same GAA with a status report opposite the said line-item,” Recto said.

 “If the GAA authorizes the recruitment of, say, 10,000 new policemen and 50,000 new teachers, then what we want is for the executive to later indicate in that GAA a note stating the actual number of policemen and teachers hired,” he added.

Recto said his proposal is easy to implement. “We are not reinventing the wheel or imposing a new administrative budget.”

“We are not even creating a new book. Just the old GAA, but this time, there’s a note opposite line-item indicating if it’s completed, still under construction, or the funds have been impounded,” he said.

“Formatting wise, hindi mahirap, kasi sabi nga nila isang Excel column lang ang idadagdag,” he said.

“Ang status na gusto natin ay hindi kilometric ang haba. One-liner lang or one brief sentence pwede na. Pag tapos na ang isang project, eh di sulatan nila ng “implemented”.

Recto asked the executive branch to embrace his idea as it would lead to more transparent budgeting.

His proposal, Recto said, will lead to the disaggregation of multi-billion lump-sum funds.

“Kung halimbawa block fund ang Calamity Fund, sa proposal ko itemized na sa post-budget reporting kung saan ito napunta,” Recto explained.

Recto lamented that at present it is impossible for taxpayers to check if a specific project authorized in the GAA has indeed been implemented.

He blamed the “data vacuum” in the “budget accountability phase” to the discontinuation of the same format used from budget preparation to budget authorization to budget execution.

“The National Expenditure Program evolves into the General Appropriations Bill and the latter morphs into the GAA which in turn is used as budget release document,” Recto said.

“But what is supposed to be the seamless progression of using one reference format stops at post-implementation because there is no way we will be able to know if a project has been implemented.”

He said this can be solved by using the same GAA as report card of fund utilization.

“The annotated GAA can be one easy-to-read document which show where the money went,” he said. 

Recto : Higher tax cap on 13th month pay merely recovers what was lost to inflation

MANILA-The senator who introduced the amendment to raise to P82,000 the tax exemption cap for 13^th month pay and other bonuses says the amount merely restores the value of the peso which has been lost to inflation since 1994.

Sen. Ralph Recto, principal author of the bill increasing the no-tax zone on bonuses, said the peso has lost two-thirds of its value over the past 20 years.

“One peso in 1994 is worth 36 centavos today. Adjusted to inflation, the P30,000 then should be P82,300 today. That is why we peg the new cap at P82,000,” Recto said.

The P30,000 cap entered the tax code in 1994 when, Recto recalled, “the minimum jeepney fare was P1.50, rice was P13 a kilo, bread was sold for P7 a loaf, gasoline was priced at P8.50 a liter, a can of sardines was P6.”

He said the P30,000 was set so that it could cover the highest salary in the government then which that of the President who was then receiving P25,000 a month.

“The idea was that when all government employees get their 13^th month pay, it will be in full and without tax deduction.”

Recto said the hike in the tax exempt cap should not be viewed as a revenue loss for the government but as “income gained by the workingman.”

“And even if his 13th month pay is tax-exempt upon receipt, it will be taxable when spent, so tax not withheld at source will later be captured in the form of sales tax at points of sale,” the senator explained.

Another good point of the bill passed by the Senate on Second Reading on Tuesday is that the tax cap on the 13^th month pay and other benefits will now be indexed to inflation.

“There is now automatic adjustment every three years,” he said.

“This means the adjustment is a mandatory executive action. No need to run to Congress for a law setting a higher threshold,” Recto said. 

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)