Expanding EDCA’s reach

WITH four more sites due to be added to the five already established under the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States, at least two questions have been raised.

One, will the communities where the EDCA sites will be put up approve of their presence there?

And two, won’t these facilities hosting troops and materiel US military bases incur China’s ire, given the increased tensions between the two superpowers in this part of the world over the Taiwan issue?

To the first question, it is now up to Defense Secretary Carlito Galvez to convince local government officials that EDCA presence in the provinces of Cagayan, Isabela, Zambales and Palawan will benefit them rather than give them cause for worry.

In fact, Galvez has reported that Cagayan Governor Manuel Mamba has agreed to the establishment of an EDCA site in the province.

Mamba had earlier expressed misgivings about the plan to install an EDCA site in Cagayan, fearing that U.S. presence there could prove inimical to the interest of Cagayanons, and put them at risk in the event of a Chinese invasion of Taiwan that could invite American intervention.

Ombudsman’s

THE office of the Ombudsman is an investigative body tasked to “investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient” (Tranquil G.S. Salvador III, Criminal Procedure citing Section 13 (1), Article XI, 1987 Constitution).

It has investigatory and disciplinary powers over “all kinds of malfeasance, misfeasance, and nonfeasance that have been committed by any officer or employee… during his tenure of office”. Its investigatory and prosecutorial powers are plenary and unqualified (Tranquil G.S. Salvador III Criminal Procedure citing Section 16, Ombudsman Act of 1989 and Castro v. Deloria).

For this particular issue, the author will discuss whether a dismissal of a criminal complaint by the Ombudsman is immutable.

The Supreme Court “has consistently adopted a policy of non-interference in the Ombudsman’s exercise of its constitutionally mandated powers” (De la Cruz v. Office of the Ombudsman, G.R. 256337, February 13, 2023).

“In line with the policy of non-interference, courts shall not interfere in the Ombudsman’s exercise of discretion in determining probable cause. The Ombudsman’s finding of probable cause, or lack of it, is entitled to great respect if there is no showing of grave abuse of discretion” (G.R. 256337, February 13, 2023).

“However, this Court (Supreme Court) may review the acts of the Ombudsman if a party invoking Rule 65 (Petition of Certiorari) of the Rules of Court substantiates, not merely alleges, that there was grave abuse of discretion in the exercise of the powers of the Ombudsman” (G.R. 256337, February 13, 2023).

In the case of De la Cruz v. Office of the Ombudsman, “Dela Cruz was assigned to conduct the inquest investigation of a Homicide case filed against the following children in conflict with the law (CICL): AAA, BBB, CCC, DDD, and EEE. The case involved the death of the 14-year-old son of Lilia M. Abequiebel (Abequiebel)…” (G.R. 256337, February 13, 2023).

Dela Cruz dismissed the case against AAA, CCC, DDD, and EEE because their guardians allegedly paid to Abequiebel their respective monetary obligations. Consequently, Abequiebel executed Affidavits of Desistance in their favor. The case against BBB, however, was dismissed because he was found to have “Acted Without Discernment” (G.R. 256337, February 13, 2023).

In a notarized Complaint, Abequiebel alleged that Dela Cruz received the amounts of P35,000.00 and P25,000.00 from the guardians of AAA and CCC, respectively, and also took P10,000.00 from each amount.

Thus, Abequiebel only received the amounts of P25,000.00 and P15,000.00 (G.R. 256337, February 13, 2023).

Abequiebel also stated she went to the office

EDCA is part and parcel of the country’s commitments under the Mutual Defense Treaty signed by the Philippines and the United States in 1951

According to the Defense Secretary, the provincial governor had decided to support the decision of President Marcos Jr. to allow the additional EDCA sites, with all of the mayors in the province having agreed as well to support the national government’s decision out of respect for the President.

The mayors had even signed a resolution that they agree to have EDCA sites in the province, only about 600 kilometers away from Taiwan.

To the second question, Secretary Galvez is correct in pointing out that the goal of EDCA and other security arrangements is to serve as a deterrent, and to develop defense capabilities against any eventuality and threats to national security.

The Defense chief pointed out that while he understands the reservations of some government officials over the additional EDCA sites, “we must consider the volatile situation in which we operate and not view our country in isolation.”

The reality is that the country occupies a crucial location in the Pacific, with seaboards to the north, south, east and west: “All of these must be monitored and protected. As a nation, we renounce war as a foreign policy. However, we are committed to exhaust all available means and the resources available to us to defend the national interest.” EDCA is part and parcel of the country’s commitments under the Mutual Defense Treaty signed by the Philippines and the United States in 1951.

The treaty binds the two countries to support each other in the event of an attack by an external party. It’s a mutual agreement that should give us comfort instead of distress.

Dismissal Of A Criminal Complaint

of Dela Cruz to inform him of the receipt of the amounts of P25,000.00 each from the guardians of EEE and DDD.

Dela Cruz allegedly asked for his share of such payments, but Abequiebel told Dela Cruz she only had P2,000.00 left.

However, Dela Cruz still insisted to be paid P1,500.00 (G.R. 256337, February 13, 2023).

In a Resolution dated July 26, 2018, the Ombudsman found probable cause to indict Dela Cruz for three counts of violation of Sec. 7 (d), in relation to Sec. l l(a) last paragraph of RA 6713, also known as the “Code of Conduct and Ethical Standards for Public Officials and Employees.”

It was hinged on Dela Cruz’s alleged solicitation of the amount of P21,500.00 on three separate instances (G.R. 256337, February 13, 2023).

On October 15, 2018, Dela Cruz filed a Motion for Reconsideration of the July 26, 2018 Resolution.

In an Order dated November 27, 2019, the Ombudsman granted the Motion for Reconsideration because there is “no single piece of evidence point[ing] to [Dela Cruz’s] solicitation” (G.R. 256337, February 13, 2023).

The Supreme Court declared that ‘[t]he determination of whether probable cause exists is a function that belongs to the Ombudsman’

However, in an Ombudsman’s Order dated February 13, 2020, two months thereafter, the July 26, 2018 Resolution was reinstated, finding probable cause to indict Dela Cruz for three counts of violation of Sec. 7(d), in relation to Sec. 11 (a) of RA 6713. The Ombudsman relied on the statement of AAA’s guardian “that Dela Cruz told him to leave the office upon payment of the settlement amount” (G.R. 256337, February 13, 2023).

“Dela Cruz claims that the Ombudsman committed grave abuse of discretion… in motu proprio reversing itself more than two months after it issued its previous Order dismissing the criminal complaint against [him].” Dela Cruz further claims the provisions on finality and execution of decision in administrative cases should also apply to criminal cases (G.R. 256337, February 13, 2023).

“Dela Cruz [also] claims that the Order dated November 27, 2019 must take precedence over the subsequent Order dated February 13, 2020 as the former had already reached [or lapsed to] finality by operation of law.”

He invoked the doctrine of finality of judgment or immutability of judgment (G.R. 256337, February 13, 2023).

The Supreme Court declared “[t]he determination of whether probable cause exists is a function that belongs to the Ombudsman.”

“[T]his Court has held that the executive determination of probable cause is a highly factual matter… We shall defer to the findings of the Ombudsman absent any showing of grave abuse of discretion…” (G.R. 256337, February 13, 2023)

“… Sec. 7, Rule III of the Ombudsman Rules, particularly refers to procedures in administrative cases and provides when an administrative case shall be considered final and executory or unappealable… It is thus apparent… that the provision pertaining to the finality and execution of a decision of the Ombudsman and the appropriate remedies available to aggrieved parties in administrative charges do not apply to criminal cases” (G.R. 256337, February 13, 2023).

“In order to apply the doctrine of finality of judgment or immutability of judgment invoked by Dela Cruz, it is first necessary to determine if there is indeed a final judgment.”

In Imingan v. The Office of the Honorable Ombudsman, the Court emphasized the results of preliminary investigations cannot be considered as valid and final judgments (cited in G.R. 256337, February 13, 2023).

“[T]he [questioned] Orders pertain to the results of preliminary investigations and, as such, cannot be considered as valid and final judgment.”

Hence, the doctrine of finality of judgment or immutability of judgment cannot be applied to the De la Cruz case (G.R. 256337, February 13, 2023).

“[T]he Ombudsman may motu proprio conduct a reinvestigation as the same is ‘consistent with its independence as protector of the people and as prosecutor to ensure accountability of public officers, the Ombudsman is not and should not be limited in its review by the action or inaction of complainants’.” (G.R. 256337, February 13, 2023)

“[T]he Court upholds the policy of noninterference in the Ombudsman’s exercise of its constitutionally mandated powers including its power to motu proprio initiate a reinvestigation or reconsideration of a case within its jurisdiction… as with all constitutionally mandated powers, [it] must be wielded cautiously as to not frustrate the ends of justice.” (G.R. 256337, February 13, 2023) extorted money from unfortunate motorists who miscalculate how much time they have to cross an intersection.

In August 2022, Francisco Pesino Jr., a vehicular traffic operations official of the Metropolitan Manila Development Authority, announced the MMDA will replace the existing countdown timers with expensive sensors which operate under an Adaptive Responsive Traffic Signal System (ARTSS).

According to Pesino, those sensors will determine when the traffic lights will change, depending on the volume of vehicular traffic at any given intersection. The existing countdown timers, Pesino said, will no longer be used because they are not compatible with the proposed ARTSS.

Carlos Dimayuga III, who assumed the post of Acting MMDA Chairman days after Pesino’s announcement, seems to have approved the ARTSS.

Dimayuga, however, has not bothered to explain why the countdown timers must be eliminated, even if they promote road safety.

He is also silent why the MMDA purchased a new road system (the ARTSS) which is incompatible with the existing countdown timers, and what the MMDA plans to do with the discarded timers. Since those countdown timers and the ARTSS cost billions of pesos of taxpayers’ money, many people, myself included, want to know if MMDA officials made money on the purchases involved. Dimayuga should also reveal if the MMDA conducted a public bidding for the acquisition of the ARTSS.

In other words, the highly efficient countdown timers, purchased by the MMDA at the cost of billions of pesos of taxpayers’ money, will be thrown away, and Metro Manila will go back to the impractical, unsafe times when motorists have to guess how much time he has to negotiate a roadway intersection, and were at the mercy of corrupt MMDA traffic rules enforcers.

I believe Villar filed Senate Bill 1959 to likewise rebuke Dimayuga and his ARTSS. It is a slap on the faces of MMDA officials for their gross incompetence and unmitigated wastage of taxpayers’ money.

If Dimayuga and company have any sense of decency left in them, they should resign their posts in the MMDA. Their inexcusable incompetence and their mismanagement of the MMDA have been finally exposed to the public by the senator.

Also, Villar should summon Dimayuga and his minions in the MMDA and require them to explain why the MMDA management allowed the wastage of billions of pesos of public funds.

The Department of Justice should also file graft charges against the MMDA officials involved in this racket for their violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

Speaking of rackets, Dimayuga should also explain to Congress why the MMDA has outsourced the enforcement of traffic rules and the collection of motorists’ fines to a private company, a certain QPax Traffic Systems, Inc.

It has been reported in the news that under the existing arrangement between the MMDA and QPax, the latter gets to keep 70% of the total fines it collects from motorists.

The enforcement of traffic rules is a matter of law enforcement.

Law enforcement, in turn, is a power that belongs exclusively to the government. Being an exclusive power of the government, law enforcement cannot be contracted away to a private entity. To do so will invite criminal prosecution also under Section 3(e) of the antigraft law.

That’s like contracting a private security agency to enforce warrants of arrest and search warrants. It’s patently unlawful.

Congress should require Dimayuga to explain why the MMDA contracted away the power of law enforcement to a private entity like QPax, with the latter keeping the bulk of all fines collected from violators of traffic rules. The gross mismanagement and corruption in the MMDA should be stopped once and for all.

In Brief

Jinggoy pushes bill to protect caregivers

SEN. Jinggoy Ejercito Estrada sponsored a bill seeking to institute policies to protect the rights and promote the welfare of caregivers.

In endorsing the approval of the proposed Caregivers’ Welfare Act, Estrada, who is the chairperson of the Senate Committee on Labor, Employment and Human Resources Development, laid down an array of benefits and policies to professionalize caregiving as a career.

The measure will cover all those who are in the actual practice of caregiving – professional health care providers who are license holders, graduates of caregiving courses or any allied healthcare course, and those who have been certified as competent by the Technical Education and Skills Development Authority (TESDA). Macon Ramos-Araneta

Zubiri: 14 measures ready for PBBM signing

FOURTEEN measures passed by the Senate are now ready for the approval of President Ferdinand R. Marcos Jr., with six more approved on third and final reading before the chamber adjourns for the Lenten break, Senate President Juan Miguel Zubiri said Thursday

In a press statement, Zubiri said included among the 14 are the Condonation of Unpaid Amortization and Interest on Loans of Agrarian Reform Beneficiaries Act, and the Act Further Strengthening Professionalism and Promoting the Continuity of Policies and Modernization Initiatives in the AFP, which were both ratified on Wednesday.

“These two bills are part of the shared priority measures of the administration and the legislative, so we really endeavored to finalize them before adjournment,” he said.

US to conduct airport security training for PH

THE United States Transportation Security Administration (US-TSA) has invited airport security officials from Manila for a two-week training in Indianapolis as part of a partnership aimed at improving security at the Ninoy Aquino International Airport (NAIA).

Office for Transportation Security chief Undersecretary Ma.O Aplasca led the Philippine delegation which include Transport Security Accreditation and Training Management Service director Michael Africa, Accreditation and Certification Division Chief Josephine De Ocampo, National Capital Region - Deputy Regional Chief Fredelito Barcenas, NAIA Terminals 1 and 2 chiefs Monsour Oademis and Fatima Cajilog, and Shift Supervisor John Jeffrey Valdez. The training program, which started on Monday, aims at showcasing TSA Indiana’s successful operational model and be able to share best practices on threat detection, operational leadership, scheduling, crisis management, and screening, which can be implemented and replicated in Philippine airports. Joel E. Zurbano

WATER CASCADES. Local tourists enjoy the cascading water of the Infinity Farm in Baco, Oriental Mindoro, a popular summer destination. The weather bureau has declared the start of the country’s dry season. Danny Pata