Emano and Her Elks
February 20, 2010
SCINTILLA: ATTY. ROGELIO BAGABUYO
Look who’s talking!
Taray and her elks have the gall to say: Dirty politics must be stopped. And we have to unite so as to improve the economy of our country.
But, we all know that our country is down precisely because of PGMA’s dirty politics, unstoppable graft and corruption, at all levels and unabated jueteng and other illegal numbers game.
First, Taray grabbed power from the legitimate President on the pretext of wide spread jueteng. She then spent the people’s money to buy votes to insure her victory, so the opposition and the controversial tape say.
* * * * *
Now that the end is near for Taray and company, the Makati Businessmen of the Guillermo Luz and Mr. Concepcion’s kind say that the Philippines can’t afford another people power.
During the time of President Erap, Messrs. Luz and Concepcion were at the forefront of the mass action.
They helped finance the “hakot” of people to show a semblance of popular uprising against a duly constituted authority.
But, now that their charade has been unmasked, they are quick in saying that the people must be calm and respect duly constituted authorities.
Messrs. Luz and Concepcion and the so-called evil society are of the belief that they have been anointed by God as the savior of our motherland. Whatever they say must be obeyed, as they come from God.
Wa mo kuyafi!
* * * * *
I fully subscribed to the suggestion of Senator Nene Pimentel that both PGMA a.k.a. Taray and Noli de Castro a.k.a. “Magandang Umaga Bayad” must resign.
Both of them never had the mandate!
Of course, we all know that both Taray and Magandang Umaga Bayad were proclaimed by Messrs. Noted: goons-alis and Kiko Cuneta or Shawie Pangilinan.
It is high time, our dirty politicians are informed that our constitution provides for elections not selections. In other words, it is not the proclamation that gives our politicians the mandate but the votes.
Ergo, unless the votes are counted, no pretender can have the authority to impose their will on the citizenry.
For the benefit of all concerned, the votes are counted only at the precinct level.
And, since the election returns show beyond the shadow of any doubt that the late Fernando Poe Jr. was voted by the Filipino People, then only he has the mandate to run our country.
And, since both of those proclaimed by Messrs. Noted do not have the mandate, then, according to Senator Nene Pimentel, the Senate President should act as president and call for an election.
On this score, the good senator and I part ways.
We all know that the main reason why the days of the usurpers of power are numbered is because of the controversial tape, where PGMA a.k.a. Taray and Mr. Garcillano are caught on tape talking of massive cheating in the last elections.
This being the case, at this point in time, with malice towards none, it is, to my mind, the height of naivety to call for an election.
Let us not forget that the highest law of the land is the people. We the Filipino people made the 1987 Constitution. And, before that, we had the 1972 Constitution.
History tells us that Comelec proclaimed the late Ferdinand Marcos as the duly elected President of the Philippines.
But, since the highest law of the land was–still is–the Filipino people, it was not the Senate President that acted as president of the land.
The Filipino people installed a certain Cory Aquino!
If the elite composing the evil society were able to make a housewife, a president of our country, why can’t the masses kick out of Malacañang, the congress and the judiciary all the enemies of the poor, the deprived and the oppressed?
If Cory, the housewife, was able to run the country, why can’t a multi-awarded actress–Ms. Susan Roces–whose husband was cheated of the presidency, be installed and made to rule our country with honor and dignity?
While we know that Ms. Susan Roces does not want to be a politician, we also know that she has always been supportive of her husband.
For the sake of the poor, the deprived and the oppressed, we ask, to the point of begging, Ms. Susan Roces to lead the masses in order to restore democracy in our country as well as the hopes as aspirations of the man on the street.
(Pls. send your comments to butzbagz@hotmail.com or bagabuyos@yahoo.com confidential treatment assured)
Plunder Charge vs. Vicente Dongkoy Emano, et. al. Part 6
February 20, 2010
60. THAT the P252 million Redevelopment Cogon Public Market BOT Agreement entered by respondents placed the City Government and its constituents at a gross disadvantage;
61. THAT In 2004, COA in its Annual Audit Report 2004 said to quote:
“5. The City General Services Office failed to completely and promptly submit to the Office of the Auditor the contracts for Build-Operate-Transfer Agreement for the Redevelopment of Carmen and Cogon Markets x x x contrary to COA Circular No. 76-34.”
“As of Dec. 31, 2004, the redeveloped Carmen Market is already operational while the REDEVELOPMENT OF COGON MARKET IS ALMOST DONE, but until this date the subject contracts were NOT YET SUBMITTED for review to the Office of the City Auditor.” (emphasis ours) (See ANNEX V-1)
62. THAT in 2005, COA in its Annual Audit Report 2005 under Finding No. 2 said the City Government only PARTIALLY complied with its request;
“Reasonableness of the REPAYMENT SCHEMES on the Build, Operate and Transfer (BOT) projects x x x could not be determined DUE TO THE ABSENCE OF COMPLETE DOCUMENTATIONS NECESSARY for the review of the total investment on the project and the absence of formula in the determination of the margin of profit.” (emphasis ours) (See Annex W-1)
COA found, similar to that of the Carmen Public Market BOT contract with UKC Builders, Inc., the City Government of Cagayan de Oro is also taking in so much risk. There were provisions in the 25-year Cogon Public Market BOT contract that the repayment scheme be as follows –
1) It will be the City Government who will collect the monthly rentals from the stall holders — regardless of whether the entire number of market stalls were rented out or not or that whether the stall holder paid rent that month or not — the City Government will still pay based on the PROJECTED 80% monthly rental and not on the ACTUAL 80% rental collection; and
2) The City Government will pay 2% every month should the City Government fail to turn over the 80% PROJECTED rental collections.
COA showed a table whereby it stated that the City Government has been paying the accumulated difference of (P3,728,022.84) or (P3.73 million) for the months of June 2005 to Nov. 2005 alone.
63. THAT still in the 2005 COA Annual Audit Report, COA under Finding No. 6 found out that:
“Demolished structures representing the two (2) Public Market structures and Slaughterhouse as a result of the implementation of its redevelopment through Build-Operate-Transfer (BOT) agreement with a total value of P20,640,262.09 or P21 million were not dropped from the book of accounts in accordance with the provisions of COA 92-386 or otherwise known as the Rules and Regulation on Supply and Property Management in the Local Government.” (See Annex X-1)
64. THAT under this COA Circular, Respondent Emano should have first filed an application for the disposal of any materials left after the fire gutted down the Carmen Public Market. COA said this would have then prompted the City Auditor to inspect and determine the whether the “subject property is with or without value.”;
65. THAT after the inspection, the committee on awards shall appraise the same and proceed with the disposal in the mode provided by COA 92-386. It will only be at this time that the Cogon Market building property should have been dropped from the Book of Accounts.
66. THAT in 2006, in the COA Annual Audit Report 2006, the COA found out that the respondent Emano and his co-conspirators have approved some amendments to the BOT contract it has with UKC Builders, Inc. yet the amendments were again found to be “DISADVANTAGEOUS TO THE CITY GOVERNMENT’S COFFERS.” To quote:
“The amendment from facility usage fee stated in the original contract to revenue sharing of 80% to 20% of the gross monthly income or projected revenue is disadvantageous to the city government’s coffers, because the LGU was compelled to remit the uncollected projected income from the excess between the projected gross monthly income versus the actual collection collected monthly.” (emphasis ours) (See ANNEX Y-1)
67. THAT COA pointed this out in a table whereby it showed that the City Government paying the excess from the Actual Collections paid from the General Funds of the City Government to the tune of P29,121,435.88 or P29.1 million.
Conclusion
68. THAT all respondents deliberately and intentionally conspired and connived together to use all schemes from misappropriation, conversion, misuse or even malversation of public funds or raids on the public treasury;
69. THAT all respondents deliberately and intentionally conspired and even patently used all means to orchestrate the establishment of ONE MONOLOPOLY in the commercial and construction industries by passing ordinances and orders as intended to benefit ONE PARTICULAR juridical person, UKC Builders, Inc. to the exclusion and prejudice of all other firms in the same industries;
70. THAT all respondents deliberately and intentionally took undue advantage of each of their respective positions, authorities, relationships, connections and influences to unjustly enrich himself personally and themselves as one under the PaDayon Pilipino political party at the expense and to the damage and prejudice of the Filipino People and the Republic of the Philippines.
Plunder Charge vs. Emano, et. al. Part 6
February 20, 2010
60. THAT the P252 million Redevelopment Cogon Public Market BOT Agreement entered by respondents placed the City Government and its constituents at a gross disadvantage;
61. THAT In 2004, COA in its Annual Audit Report 2004 said to quote:
“5. The City General Services Office failed to completely and promptly submit to the Office of the Auditor the contracts for Build-Operate-Transfer Agreement for the Redevelopment of Carmen and Cogon Markets x x x contrary to COA Circular No. 76-34.”
“As of Dec. 31, 2004, the redeveloped Carmen Market is already operational while the REDEVELOPMENT OF COGON MARKET IS ALMOST DONE, but until this date the subject contracts were NOT YET SUBMITTED for review to the Office of the City Auditor.” (emphasis ours) (See ANNEX V-1)
62. THAT in 2005, COA in its Annual Audit Report 2005 under Finding No. 2 said the City Government only PARTIALLY complied with its request;
“Reasonableness of the REPAYMENT SCHEMES on the Build, Operate and Transfer (BOT) projects x x x could not be determined DUE TO THE ABSENCE OF COMPLETE DOCUMENTATIONS NECESSARY for the review of the total investment on the project and the absence of formula in the determination of the margin of profit.” (emphasis ours) (See Annex W-1)
COA found, similar to that of the Carmen Public Market BOT contract with UKC Builders, Inc., the City Government of Cagayan de Oro is also taking in so much risk. There were provisions in the 25-year Cogon Public Market BOT contract that the repayment scheme be as follows –
1) It will be the City Government who will collect the monthly rentals from the stall holders — regardless of whether the entire number of market stalls were rented out or not or that whether the stall holder paid rent that month or not — the City Government will still pay based on the PROJECTED 80% monthly rental and not on the ACTUAL 80% rental collection; and
2) The City Government will pay 2% every month should the City Government fail to turn over the 80% PROJECTED rental collections.
COA showed a table whereby it stated that the City Government has been paying the accumulated difference of (P3,728,022.84) or (P3.73 million) for the months of June 2005 to Nov. 2005 alone.
63. THAT still in the 2005 COA Annual Audit Report, COA under Finding No. 6 found out that:
“Demolished structures representing the two (2) Public Market structures and Slaughterhouse as a result of the implementation of its redevelopment through Build-Operate-Transfer (BOT) agreement with a total value of P20,640,262.09 or P21 million were not dropped from the book of accounts in accordance with the provisions of COA 92-386 or otherwise known as the Rules and Regulation on Supply and Property Management in the Local Government.” (See Annex X-1)
64. THAT under this COA Circular, Respondent Emano should have first filed an application for the disposal of any materials left after the fire gutted down the Carmen Public Market. COA said this would have then prompted the City Auditor to inspect and determine the whether the “subject property is with or without value.”;
65. THAT after the inspection, the committee on awards shall appraise the same and proceed with the disposal in the mode provided by COA 92-386. It will only be at this time that the Cogon Market building property should have been dropped from the Book of Accounts.
66. THAT in 2006, in the COA Annual Audit Report 2006, the COA found out that the respondent Emano and his co-conspirators have approved some amendments to the BOT contract it has with UKC Builders, Inc. yet the amendments were again found to be “DISADVANTAGEOUS TO THE CITY GOVERNMENT’S COFFERS.” To quote:
“The amendment from facility usage fee stated in the original contract to revenue sharing of 80% to 20% of the gross monthly income or projected revenue is disadvantageous to the city government’s coffers, because the LGU was compelled to remit the uncollected projected income from the excess between the projected gross monthly income versus the actual collection collected monthly.” (emphasis ours) (See ANNEX Y-1)
67. THAT COA pointed this out in a table whereby it showed that the City Government paying the excess from the Actual Collections paid from the General Funds of the City Government to the tune of P29,121,435.88 or P29.1 million.
Conclusion
68. THAT all respondents deliberately and intentionally conspired and connived together to use all schemes from misappropriation, conversion, misuse or even malversation of public funds or raids on the public treasury;
69. THAT all respondents deliberately and intentionally conspired and even patently used all means to orchestrate the establishment of ONE MONOLOPOLY in the commercial and construction industries by passing ordinances and orders as intended to benefit ONE PARTICULAR juridical person, UKC Builders, Inc. to the exclusion and prejudice of all other firms in the same industries;
70. THAT all respondents deliberately and intentionally took undue advantage of each of their respective positions, authorities, relationships, connections and influences to unjustly enrich himself personally and themselves as one under the PaDayon Pilipino political party at the expense and to the damage and prejudice of the Filipino People and the Republic of the Philippines.
The Unconstitutionality of the Law Dividing Cagayan de Oro City
February 20, 2010
SCINTILLA: By Rogelio Bagabuyo Read more
Solons abuse discretion in dividing Cagayan de Oro
February 20, 2010
2. The House of Representatives gravely abused its discretion in the passage of House Bill No. 5859,
the proposed law entitled: “An Act Providing for the Apportionment of the Lone Legislative District of
the City of Cagayan de Oro”, which eventually became R.A. 93 71;
A cursory reading of the Certified Copy of the HB 5859 – R.A. 9371[1] readily reveals the grave abuse of discretion amounting to lack or excess of jurisdiction committed by the House of Representatives.
And, it is not correct to say that petitioner seeks to question the wisdom in the enactment of the questioned R.A. 9371. The truth of the matter is that the proceedings leading to the passage of House Bill No. 5859, the mother of the questioned R.A. 9371, deserved to be checked by the Honorable Court pursuant to its Constitutional mandate to check the abuses of all other departments of government, including but not limited to Congressional acts of grave abuse of discretion amounting to lack or excess of jurisdiction.
Congress may diminish the merely statutory jurisdiction of the Supreme Court but it may not diminish the jurisdiction granted by the constitution itself in Section 5 thereof
In Kapatiran ng mga Naglilingkod sa Pamahalaan sa Pilipins, Inc. v. Tan[2] reiterated in Basco v. Philippine Amusement and Gaming Corporation[3] this Court held: “xxx Considering the importance to the public of the cases at bar, and in keeping with the Court’s duty , under the 1987 Constitution, to determine whether or not the other branches of government have kept themselves within the limits of the constitution and the laws and that they have not abused the discretion given to them, this Court has brushed aside technicalities of procedure and and has taken cognizance of these petitions
[1] Certified Copy of the Proceedings in the House of Representatives, the Senate and the Signing of the law by the President, issued by Victoriano C. Caoili, Director II, Bills and Index Service of the House of Representatives., hereto attached as Annex-“A-Memo”
[2] 163 SCRA 371, 378 (1988
[3] 197 SCRA 52,60, 1991
Solons abused discretion in dividing Cagayan de Oro
July 3, 2008
ARGUMENT NO. 2 on the Petition filed by Atty. Rogelio Bagabuyo in relation to the division of Cagayan de Oro City
2. The House of Representatives gravely abused its discretion in the passage of House Bill No. 5859,
the proposed law entitled: “An Act Providing for the Apportionment of the Lone Legislative District of
the City of Cagayan de Oro”, which eventually became R.A. 93 71;
A cursory reading of the Certified Copy of the HB 5859 – R.A. 9371[1] readily reveals the grave abuse of discretion amounting to lack or excess of jurisdiction committed by the House of Representatives.
And, it is not correct to say that petitioner seeks to question the wisdom in the enactment of the questioned R.A. 9371. The truth of the matter is that the proceedings leading to the passage of House Bill No. 5859, the mother of the questioned R.A. 9371, deserved to be checked by the Honorable Court pursuant to its Constitutional mandate to check the abuses of all other departments of government, including but not limited to Congressional acts of grave abuse of discretion amounting to lack or excess of jurisdiction.
Congress may diminish the merely statutory jurisdiction of the Supreme Court but it may not diminish the jurisdiction granted by the constitution itself in Section 5 thereof
In Kapatiran ng mga Naglilingkod sa Pamahalaan sa Pilipins, Inc. v. Tan[2] reiterated in Basco v. Philippine Amusement and Gaming Corporation[3] this Court held: “xxx Considering the importance to the public of the cases at bar, and in keeping with the Court’s duty , under the 1987 Constitution, to determine whether or not the other branches of government have kept themselves within the limits of the constitution and the laws and that they have not abused the discretion given to them, this Court has brushed aside technicalities of procedure and and has taken cognizance of these petitions
[1] Certified Copy of the Proceedings in the House of Representatives, the Senate and the Signing of the law by the President, issued by Victoriano C. Caoili, Director II, Bills and Index Service of the House of Representatives., hereto attached as Annex-“A-Memo”
[2] 163 SCRA 371, 378 (1988
[3] 197 SCRA 52,60, 1991
The Unconstitutionality of the Law Dividing Cagayan de Oro City
May 29, 2008
SCINTILLA: By Rogelio Bagabuyo Read more
Cagayan de Oro, Alas, Oka and the Rubberstamp
May 5, 2008
SCINTILLA : By Butch Z. Bagabuyo Read more
Emano and Her Elks
April 17, 2008
SCINTILLA: ATTY. ROGELIO BAGABUYO
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