PRESS FREEDOM: Hindi panangga ito sa ginawang kasalanan

Wala tayong mahanap na provision sa 1987 Constitution na nagbibigay sa mga media organizations o mga kasapi nito ng karapatan na mag-violate sa mga batas ng bansa by just invoking PRESS FREEDOM.

The Constitution protects freedom of the press. Ibig sabihin, kailangan mabigyan ang ating media ng sapat na kalayaan sa pag report ng balita o pagbigay ng mga kommentaryo tungkol sa mga pangyayari sa lipunan. But even that right is not absolute. May libel laws tayo na nagbabawal ng mga malisyosong pag print o broadcast ng mga bagay na maaraming maka-sira sa pangalan o pagkatao ng iba. Hindi porket totoo ay puwede na nating isulat at post sa Facebook o Twitter o ilabas sa media.

Ang kaso na isinampa sa ABS-CBN ay walang kinalaman sa kung anuman ang mga pahayag nito sa television.

Natuklasan ng Office of the Solicitor General na marami silang nagawang violations sa ating batas. Malalaking krimen. Panlilinlang sa mga subscribers nito. The network is alleged to have ripped off hundreds of millions of pesos from illegal transactions. HIndi pa nga yata kasama diyan yung pag-WRITE OFF, o pagbura, ng utang nito sa Development Bank of the Philippines. Utang nila galing sa pera ng bansa, hindi na siningil.

SO WHAT ASSAULT ON PRESS FREEDOM ARE YOU TALKING ABOUT, ABS-CBN?

At malinaw na binibigyan sila ng DUE PROCESS. Pinapadaan ito sa Supreme Court, ang pinakataas na hukoman sa bansa. May pagkakataon itong mapahayag ang panig. Kung talagang wala naman silang ginawa na kasalanan, di ma di-dismiss ang kaso. At wala itong kinalaman sa kanilang application for renewal of franchise. Ang mga Congressmen ang kausapin nila tungkol diyan, hindi si Solicitor General Jose Calida.

Sa madaling salita, huwag niyong gamitin na SHIELD, o panangga, ang pangalan ng PRESS FREEDOM upang maka-iwas kayo sa mga pananagutan sa batas na inireklamo ni Calida sa Supreme Court. Fight on the merits of the case.

Lying through his teeth (Part Two)

P/Major Rodney Raymund Baloyo IV lied so badly that it’s hard to believe any person with average intelligence would buy his story. But there’s one individual who apparently still holds to the sanctity of Baloyo’s testimony: his boss way back in November 2013, now P/Director General Oscar Albayalde.

That’s incredible.

It’s a basic principle in military leadership that a commander must be informed of everything that goes on under his watch at all times. And this dictum is taken very seriously at all levels of command in the armed forces and the national police. No subordinate will even think of doing anything without his commander’s knowledge and approval. The consequences are dire.

This is particularly true for a commander and his intelligence officer. If there is anybody in the unit that a commander trusts over and above anybody else, it’s the intelligence officer. After all, he is the eyes and ears of the commander.

Put these facts together and one reaches the inevitable conclusion that there is a far deeper bond that ties the two. Until Thursday, Albayalde continued to uphold the story of Baloyo, even after the public scolding he got from Senator Richard “Dick” Gordon. He simply refuses to abandon his subordinate. And his subordinate willingly went to jail to protect his version.

Questions. We can only raise questions.

  1. Did Albayalde know beforehand what Baloyo was planning to do, and he gave his approval?
  2. Granting that Albayalde had no knowledge, did he fail to discern the fakery in the after-action report filed by Baloyo?
  3. And after the scandal blew up, didn’t Albayalde look into the evidence of the CIDG and the PNP Regional Office 3 that led to the filing of criminal and administrative cases against Baloyo and his men?

It would seem that Albayalde deliberately ignored the evidence against Baloyo and his men. He played possum all the way. More than that, he was always protective of Baloyo. In a SunStar Pampanga story, Albayalde was quick to defend Baloyo when the latter was relieved of his post as Police Chief of San Fernando, Pampanga in January 2014. Baloyo was just due for schooling for promotion purposes, Albayalde said.

Hence, the biggest question: Is Albayalde covering up for Baloyo, just as Baloyo is covering up for Albayalde?

More than a hundred million pesos of shabu taken from the residence of Johnson Lee flooded the Central Luzon illegal drugs market in the weeks and months after the operation, forcing prices to go down.

Baloyo and his men went on a shopping spree for expensive vehicles than even Camp Crame noticed, and sent investigators headed by then CIDG chief Benjamin Magalong to conduct a probee.

Only Albayalde failed to see the truth, or so it seemed.

Is Baloyo protecting Albayalde to the extent that he was jailed for obvious lying? The Senate justice committee should pursue this angle. The nation deserves to know the truth.

Lying through his teeth (Part One)

The longer P/Major Rodney Raymund Baloyo IV told and retold his version of what happened on November 29, 2013 inside a plush subdivision in Mexico, Pampanga, the more his credibility sank into a morass of dishonesty. He lied blatantly, and when pressed, made changes to his story, perhaps thinking he could fool the Senate committee on justice and human rights, and the entire nation. Never before have I seen such a liar.

Baloyo had nothing to back his story except his word. On the other hand, a mountain of evidence told an entirely different story. This individual doesn’t deserve to wear that uniform and badge of an officer of the Philippine National Police a minute longer. An orange uniform of a Bilibid prisoner is what suits him.

BALOYO’S VERSION:

At around 2 p.m. on November 29, 2013, a confidential informant walks into the intelligence branch of the Pampanga provincial police office. This “asset” — slang for informants — narrates to Baloyo that there is a big-time drug pusher operating in the Woodbridge Subdivision, Lake Shore View in Mexico, Pampanga. The debriefing took one hour, and Baloyo takes the asset’s story as truthful. Immediately, he organizes a team of 13 including himself and proceeds to the target. He had sent ahead two policemen to conduct surveillance and rendezvouzed with them at a gasoline station at around 4 p.m.

Baloyo was able to raise P100,000 to be used as “marked buy-bust money” in a test-buy before making an arrest. He said it was a certain policeman named Santos who gave him the money. The money consisted of 100 P1,000 bills, with each paper note signed “by the operatives” as the marking.

At around 4:30 p.m., Baloyo carried out the buy-bust and arrested a Chinese national, Ding Wen Kun. They recovered 36 kilos of shabu and P300,000 in cash. The situation became tense when two security guards arrived and challenged the police officers, who were in civilian clothing. “They were armed with shotguns which were aimed at us,” Baloyo said.

To secure his men from this threat, Baloyo said he and his men boarded their vehicles, taking with them an estimated 200 kilos of shabu and a vault believed to have contained P55 million, and drove off toward the Pampanga provincial police office.

His immediate superior, then P/Senior Superintendent Oscar Albayalde, said there was a press conference at around 5:30 p.m. in which the seized shabu and cash were laid out on a table for presentation to the public. This last detail was confirmed by retired Police General Manuel Gaerlan, who was then deputy regional director for PRO 3.

This is the core of Baloyo’s story.

THE TRUE VERSION:

There was no buy-bust. It was an unauthorized raid on the residence of Chinese national Johnson Lee. Apparently, Baloyo had been monitoring the activities of Lee in the distribution of shabu from that house. His superior, Albayalde, knew about it. (After all, the first rule is that the commander must know everything that is happening.) Baloyo was looking for an opening to pounce on Lee. The opportunity came in the morning of Nov. 29. Baloyo learned there was a large shipment of shabu. He had to move fast.

But instead of applying for a search warrant, Baloyo and his men barged into the house of Lee. The Chinese national was able to jump over the fence and ran away to ask for help. He didn’t know that the intruders to his house were policemen. Lee went to the barangay hall to report the forced entry into his house.

The barangay officials telephoned the Mexico, Pampanga PNP station to report the alleged home invasion by the armed men and the presence of Lee in their custody. Three uniformed policemen were dispatched to investigate. Lee was taken aboard the patrol car back to his residence. There, he came face to face with Baloyo and his men, now ready to haul their loot.

This gave Baloyo a bonus. Instead of just the shabu, he had the suspect in custody. But then it wasn’t a legitimate drug buy-bust that he had planned. It was a money-making enterprise. Baloyo had removed a steel safe containing P55 million from the house. He struck a deal with Lee: open the safe and he will set the Chinese national free. Lee was only too glad to comply.

Two blue guards from the private security company assigned to Woodridge Subdivision arrived at the scene to investigate. Baloyo identified himself as the intelligence officer of Pampanga provincial police office. The security guards could not do anything. Baloyo and his group left, bringing with them their stash of shabu and cash. The three policemen, thinking everything was in order, also left and headed back to the municipal police station.

It was just before noon of November 29, 2019. (To be continued)

 

Kaso laban kay Pnoy, inatras

Umatras ang Office of the Ombudsman sa kasong isinampa laban kay dating Pangulong Noynoy Aquino sa Sandiganbayan kaugnay sa Mamasapano massacre apat na taong nakaraan.

Sa isang “motion to withdraw information,” sinabi ni Ombudsman Samuel Martires na binabawi muna ng Ombudsman ang reklamo nito laban kay Aquino at dating PNP chief Alan Purisima dahil kulang ang ebidensya na kasama sa kaso.

Ano ang ibig sabihin nito? Na makakatakas si Abnoy sa pananagutan niya bilang Commander in Chief sa pagkamatay ng #SAF44 na mga police commandos?

Hindi po.

Kasi nga, noong isinampa ang kaso ni dating Ombudsman Conchita Carpio Morales bago siya nag retiro, napansin na ng mga legal experts na mahina o “weak” ang reklamo, at malamang ay mahuhulog na lang ito sa acquittal, o pag-walang sala kay Aquino.

Kinakailangan mag-conduct muli ng Preliminary Investigation ang Ombudsman upang makatanggap ng mas malakas na ebidensya.

Sinadya talaga yun ni Carpio-Morales na i-akyan ang kaso kahit kulang ang ebidensya upang maka-iwas si Aquino sa pagkabilanggo.

Kasi nga may tinatawag tayo na “double jeopardy”. Kung nakaharap na ang isang tao sa paglitis sa kaso at ma-walang sala ito o ma-acquit, hindi na siya puwede pang kasohan pa ulit sa parehong kasalanan.

Mabuti na lang at napahinto ni Ombudsman Martires ang trial kaagad-agad. Ito ang paraan upang hindi mag-apply ang “double jeopardy” rule.

Tiyak na ibabasura ang kaso ng Kapa

Hindi naman sa pinangungunahan ko ang Korte Suprema, pero tiyak na ibabasura lamang nito itong kaso na inisampa ng Rhema Int’l Livelihood Foundation, Inc. laban kay Pangunlong Rodrigo Duterte kaugnay sa pagpasara sa operasyon ng Kapa Ministry International Inc.

Una, may tinatawag tayong “immunity from suit” si Pangulong Duterte habang naka-upo ito sa puwesto. Ang ibig sabihin, hindi puwedeng kasohan ang Pangulo kahit sa anumang dahilan except for impeachable offenses. Ang kasong ito ay petition for certiorari, prohibition and mandamus at pinangalanan si Pangulong Duterte bilang respondent.

Diyan pa lang, bagsak na ang kaso.

Pangalawa, hinihiling ng Cirfund — yan ang tawag nila sa project na kumukolekta ng “donasyon” galing sa mga miyembro — na sampahan ng “impeachment case” si Pangulong Duterte.

Halatang ignorante sa batas ang mga taong ito.

Ang impeachment ay hindi pina-file sa Korte Suprema. Doon yan ginagawa sa House of Representatives. Walang jurisdiction ang Supreme Court sa usapin tungkol sa impeachment.

Talagang matigas ang ulo ng mga opisyal ng Kapa. Pinipilit pa rin nila na legal ang ginagawa nitong pag-tanggap ng pera galing sa mga miyembro.

Dapat arestuhin na yan si Apolinario. Kung naloko niya ang 5 million members ng Kapa, huwag siya mag-akala na kaya na niya suwayin ang mga batas ng Pilipinas at his Pangulong Duterte.

Ina-atake na ako ng mga Kapa fanatics

Dalawang YouTube videos pa lang ang na-ipalabas ko ng mabilis na gumanti ang mga taga-suporta ni Pastor Joel Apolinario at ng Kabos Padatoon (KAPA) Community Ministry at inatake ako sa kanilang comments sa aking Channel.

Galit na galit ang mga supporters ni Apolinario dahil sinasabi ko ang katotohanan na isang investment scam ang kanilang modus operandi sa paghingi ng “donations” galing sa mga members na may pangakong 30 porsyento na interest o tobo buwan-buwan.

Nakapagtataka kung bakit marami pa ring mga Pinoy ang nahuhulog sa ganitong mga scam. Hindi ito ang unang scam kung saan umabot sa bilyon-bilyong piso na “investments” ang nawawala at naiiwan ang mga naloko na pulubi.

Ito po ang link sa aking mga videos:

 

Kapa scam: what happened before

On a national level, the name of Pastor Joel Apolinario hardly made it to the pages of newspapers or reported on television. But his name had long been on the stage of controversy in Mindanao for quite a number of years now. In fact, I remember the name of his Kapa Community Ministry last year when Bombo Radyo reported on the arrest of its station manager and news director in General Santos in September 2018.

Apolinario had complained to the NBI that these broadcasters were extorting money from him so that the daily tirades against his activities would stop. On the part of the broadcasters, identified as Jonathan Macailing and Salvador Galano, claimed they were framed up.

It was also about that time that the Bislig City LGU in Surigao shut down the cooperative store of Kapa, which stands for Kabus Padatoon (Make the poor rich), after getting numerous complaints about its illegal activities.

Kapa had campaigned among its members not to vote for Bislig city mayor Librado Navarro who ran for the position of Vice Governor for the Province of Surigao del Sur in the recently-held local and national elections on May 13. Despite this “no-vote” campaign, Navarro won.

Who is Apolinario?Picture Joel Apolinario

This is a man who is a genuine rags-to-riches story. But it appears that his path to wealth was at the expense of small investors who fell for his promise of a 30% monthly “reward” for their “donations”.

In his youth, he struggled to make both ends meet as a fisherman and then as a construction worker. He got a job as a radio technician and from there, finding that he had a gift for eloquence, became a disc jockey.

He founded Kapa Community Ministry and operated a chain of cooperative stores in Bislig City. While he claims that Kapa is a church, it has no place of worship it could call its own.

The Securities and Exchange Commission (SEC) estimates that Kapa has around 5 million members in the entire country, and its exposure could reach P50 billion on an average of P10,000 per member.

In February this year, the SEC revoked his incorporation papers on allegations of fraud and ordered Kapa to stop its operations.

Apparently, Apolinario was in no mood to heed the order.

But last week, no less than President Rodrigo Duterte ordered the closure of all Kapa offices and threatened to arrest those who persist in soliciting investments disguised as “donations”.