Legal Liability

Postby turismo » Fri May 20, 2011 9:07 am

The LGU again has a big legal problem. The :emperor signed and notarized a contract last March with the contractor of the newly built building at the municipal hall.

The problem is he signed the contract without authorization from the Sangguniang Bayan and the :emperor is now asking authorization since the COA would not allow the release of payment.

The SB yesterday passed a resolution ratifying the contract instead of an authorization which is expressly needed under the Local Government Code. Only Councilor Lineses abstained and all our councilors favored the resolution.
Last edited by turismo on Mon Jun 13, 2011 2:03 pm, edited 1 time in total.
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Re: Legal Liability

Postby lighthouse » Fri May 20, 2011 12:58 pm

These are 2 more legal problems that the LGU must overcome.

You think this are the only problems the LGU are facing,they put them self in so many situations they keep signing contracts ,groundbreaking ceremony etc etc What about now, with the consortium who will build our SWTP and water rehabilitation .we were told that the EUF increase to 120 peso was approved and signed ,but no trace of any activity ,so many things they are hiding from the public But i tell you the days on office are counted and i will be not surprised if the whole LGU get forced to resign ,by the national government sooner or later .lack of competence,ineptitude.

:spite :spite :spite :spite :spite :spite :spite :spite :spite :spite :spite

I just heard that the :emperor closed the fountain to safe water and electricity LOL2 LOL2 LOL2
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Re: Legal Liability

Postby kiddokalaw » Fri May 20, 2011 1:02 pm

IMHO:

Ratifying a contract that has no prior authorization from the SB and has no written consent from the Locsins is the same as ratifying a contract that is illegal from the start. LOL2

Incompetent legislation allows grave abuse of discretion and gross negligence in the approval of policies, programs, Agreements, Ordinances and Resolutions that have no legal basis.

Can anybody furnish information on the educational attainment and previous occupation of all the councilors who agreed to this?
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Re: Legal Liability

Postby engrben » Thu Jul 21, 2011 8:35 pm

kiddokalaw wrote:IMHO:

Ratifying a contract that has no prior authorization from the SB and has no written consent from the Locsins is the same as ratifying a contract that is illegal from the start. LOL2

Incompetent legislation allows grave abuse of discretion and gross negligence in the approval of policies, programs, Agreements, Ordinances and Resolutions that have no legal basis.

Can anybody furnish information on the educational attainment and previous occupation of all the councilors who agreed to this?


Very good information Mr. Kalaw but too late because the building is there already new painted with the MD signs. Was there like a bidding. I dont think the bidding was done. And what you mean by authorization, he is the Mayor so why is he not the authority. He is already. They all want the big money but we cannot do anything to stop them, that is the Philippines.
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Re: Legal Liability

Postby kiddokalaw » Fri Jul 22, 2011 8:04 am

Due process of law dictates that the SB authorizes the mayor BEFORE he signs the contract. He has NO authority to sign a contract if no authority is given by the SB.

You are correct. Its too late because the building is there already new painted with the MD signs. But the contract/SB Ratification are still subject to civil/criminal liability in court because it did not follow “ due process of law” and are acts of negligence, incompetence and grave abuse of discretion.

Only the most powerful man in Puerto Galera thinks he can sign a contract without SB Authorization because “ due process of law” does not apply to his delusional omnipotence.

The free exchange of opinions on the internet/forum exposing the LGU’s failures is a first step in “ stopping them”. Media and internet exposure of their failures is the one thing a politician fears most. (That is why the LGU pressured Netmagus to shut down the old forum)

Plus, it extremely Annoys them and leaves them utterly frustrated because even the most powerful man in Puerto Galera , in fact, has absolutely no power to stop the views/comments/opinions posted at this Puerto Galera Community Forum.
LOL2 b0202 :cheers
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Re: Legal Liability

Postby engrben » Fri Jul 22, 2011 9:05 am

kiddokalaw wrote:Due process of law dictates that the SB authorizes the mayor BEFORE he signs the contract. He has NO authority to sign a contract if no authority is given by the SB.

You are correct. Its too late because the building is there already new painted with the MD signs. But the contract/SB Ratification are still subject to civil/criminal liability in court because it did not follow “ due process of law” and are acts of negligence, incompetence and grave abuse of discretion.

Only the most powerful man in Puerto Galera thinks he can sign a contract without SB Authorization because “ due process of law” does not apply to his delusional omnipotence.

The free exchange of opinions on the internet/forum exposing the LGU’s failures is a first step in “ stopping them”. Media and internet exposure of their failures is the one thing a politician fears most. (That is why the LGU pressured Netmagus to shut down the old forum)

Plus, it extremely Annoys them and leaves them utterly frustrated because even the most powerful man in Puerto Galera , in fact, has absolutely no power to stop the views/comments/opinions posted at this Puerto Galera Community Forum.
LOL2 b0202 :cheers


Thank you for that Mr. Kalaw. That is very nice. I have contacts in the Courts of Law but do anyone have evidense to give to my contacts. You can send to me engrbentapia@gmail.com <- this is my email and I will send to my contacts so that "due process of law" will succeed.
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Re: Legal Liability

Postby kiddokalaw » Sat Jul 23, 2011 12:23 pm

Thank you Engnrben for the offer and the initiative.

FYI: Here is a list of where “ evidence gathering” is needed:

1. EUF Ordinance
2. EUF increase
3. Terminal Fee Increase
4. Business Licenses Tax Increaee
5. Garbage fee Increase
6. Fountain
7. Sanitary Landfill
8. SWTP
9. Sabang Pier
10. Market
11. Municipal Building
12. Tourism Office
13. Hospital
14. Many Loans

All the above is a summary of what the LGU has done since 2007 !! LOL2

BTW, on the “ official” website , http://www.puertogaleramd.com/ordinance#!__ordinance

There are thirty (30) Ordinances that are not on the list ( based on sequential numbering of Ordinances) of SB Approved Ordinances 2010 :

Municipal Ordinance 2010- 09, 13, 15, 18, 19 ,20, 21, 23, 24, 25, 26, 27, 28, 30, 31, 33, 34, 35, 36, 38, 39, 41, 44, 45, 46, 47, 48, 49, 50, 51

Think about that, residents, stakeholders , taxpayers.: ;think;

There are 30 Ordinances out there that we don’t know about.

70set dash
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Re: Legal Liability

Postby lighthouse » Sun Jul 24, 2011 4:38 pm

There will be bidding for the hospital build near the petron fuel station (good location for hospital??) hondura beach.But as for a know they never did buy the land from Chua yet,and if they already did where did the money come from??? another loan????
money) money) money) money) money) money) money)
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Re: Legal Liability

Postby majikshrums » Thu Jul 28, 2011 9:30 pm

It seems our majesty the KING is doing away with proper LEGAL procedures and is just doing what he pleases.
He would sign contracts left and right, purchase land and equipment with questionable prices without the approval of the SB.
He has disregarded proper protocols and continue to PROSTITUTE almost every rule in the book,
afterall he is THE MOST POWERFUL MAN IN PG.

Observing these, I cannot help but compare him to our former president GMA.
She too did what the King is doing now, she disregarded proper procedures and just did what would benefit her and her family,
she amassed so much wealth that she can buy her own country now.
Afterall, she was THE MOST POWERFULL PERSON IN THE COUNTRY before.
But look at her now, now that she is no longer QUEEN.
Cases of plunder, malversation of funds and CORRUPTION are popping out almost everyday.
GMA thought she would be powerful forever, just like our :emperor

If our beloved KING does not mend his ways, I'm pretty sure he will go down the same road as GMA.
Afterall, Our NEW BILIBID PRISON in Muntinlupa is in dire need of a "Doctor" :twisted:
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby engrben » Sun Jul 31, 2011 8:29 pm

I see the pictures of the most powerful man in the facebook about the celebration of the municipality building. The people there all happy bcoz of the new building but what can it do for us, nothing.
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Re: Legal Liability

Postby kanyonero » Fri Aug 05, 2011 2:13 pm

I SHOWED THIS THREAD TO MY LAWYER FRIEND AND SHE SAID THAT THERE IS ALREADY PRIMA FACIE EVIDENCE TO PROVE NA MAY KALOKOHAN NANGYARI DITO (NAUBUSAN NG ENGLISH, PAKI-ENGLISH NA LANG PO).

THE LAWYER SAID THAT DOCUMENTS FROM THE SANGGUNIANG BAYAN WILL PROVE THIS LIKE THE MINUTES OF THE MEETING AND THE RESOLUTION OF RATIFICATION.

SHE TOLD ME THAT THERE WERE MANY CASES WHEN THE MAYOR AND THE COUNCILORS WERE SUSPENDED BECAUSE THERE WAS NO AUTHORIZATION FROM THE SANGGUNIANG BEFORE THE CONTRACT SIGNED.

I SUGGESTED TO ENGRBEN TO GET THE DOCUMENTS .
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Re: Legal Liability

Postby kiddokalaw » Fri Aug 05, 2011 3:24 pm

And the latest legal liability is :

No. 15, the ATM at the munisipyo: b0202 :cheers

1. Contract with UCPB signed ( again,) WITHOUT prior Authority from SB.
2. SB Resolution authorizing the use of the EUF funds for the P 20Million Deposit violates EUF Ordinance.

Attention SB: you cannot legalize a prior illegal act WITH ANOTHER ILLEGAL ACT.

dash b0202 LOL2
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Re: Legal Liability

Postby avatar » Fri Aug 05, 2011 6:44 pm

i am very confused about that ATM business. why exactly does a municipal hall needs an ATM????? ;think; I mean, there is an ATM just a few meters away from it in the Rural Bank. And then another one at the pier in Allied Bank. so why oh why do they need one just in front of the mayor's office? And what exactly would the EUF have to do with that? dont tell me they want to deposit all the EUF money there :swoon :heat well, remember the story earlier this year, when the treasurer's office lost 300,000.- pesos???? what actually happened about THAT? did they ever find out who did it? Or do they believe that an ATM machine right there in the open is safer then the safe in the treasurer's office??? :megashock Maybe Sir Netmagnus could enlighten us?
"The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke (1729-1797)
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Re: Legal Liability

Postby majikshrums » Fri Aug 05, 2011 8:04 pm

kiddokalaw wrote:And the latest legal liability is :

No. 15, the ATM at the munisipyo: b0202 :cheers

1. Contract with UCPB signed ( again,) WITHOUT prior Authority from SB.
2. SB Resolution authorizing the use of the EUF funds for the P 20Million Deposit violates EUF Ordinance.

Attention SB: you cannot legalize a prior illegal act WITH ANOTHER ILLEGAL ACT.

dash b0202 LOL2


The :emperor really has a knack of doing whatever he pleases without going thru proper channels.
Afterall he's "the man', the "superstar", the "hero"(?), the "BIG CAJONES" of Puerto Galera.
Whatever the "KING" wishes the "KING gets.
He is like a cowboy that shoots first and aims later.
He wants all his "BRILLIANT"(?) plans to be implemented even if it is againts the law.

I'm just wondering, if he can get away with all of these, why can't the sanamagan build a hospital for the people?
It seems that if he really wants it so bad, an SB resolution and approval does not mean SH!T to him.

I guess our doctor does not have a heart for the medical profesion afterall.
He is all politics and monkey business, it seems being a doctor was just an accident for him.
I hope he drops the MD from his name, It gives BAD MEANING to REAL MEDICAL DOCTORS! :twisted:


Forgive me for being slightly out of topic, i'm just soo pissed off from all the incompetence I see...

My trusted mangyan friend Pedro Labas-ulo commented... "may pa-MD MD pa sya...tit! nya!" :twisted:
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby tsongki » Fri Aug 05, 2011 8:57 pm

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Re: Legal Liability

Postby kiddokalaw » Fri Aug 05, 2011 10:10 pm

Fantastic!!! gudpost

At naka pilang mga mamahaling sasakyan
Mga bantay na laging bulong ng bulong
Wala namang kasal pero marami ang naka barong
Lumakas man ang ulan ay walang butas ang bubong
Mga plato’t kutsara na hindi kilala ang tutong
At ang kanin ay simputi ng gatas na nasa kahon
At kahit na hindi pasko sa lamesa ay may hamon
Ang sarap sigurong manirahan sa bahay na ganyan
Sabi pa nila ay dito mo rin matatagpuan
Ang tao na nagmamay-ari ng isang upuan
Na pag may pagkakatao’y pinag-aagawan
Kaya naman hindi niya pinakakawalan
Kung makikita ko lamang siya ay aking sisigawan
From Lyrics, Tabs, Chords http://www.metal-head.org

Chorus:

Kayo po na naka upo,
Subukan nyo namang tumayo,
Baka matanaw, at baka matanaw na nyo
Ang tunay na kalagayan ko

Verse 2:

Mawalang galang na po
Sa taong naka upo,
Alam niyo bang pantakal ng bigas namin ay di puno
Ang ding-ding ng bahay namin ay pinagtagpi-tagping yero
Sa gabi ay sobrang init na tumutunaw ng yelo
Na di kayang bilhin upang ilagay sa inumin
Pinakulong tubig sa lumang takuring uling-uling
Gamit lang panggatong na inanod lamang sa istero
Na nagsisilbing kusina sa umaga’y aming banyo
Ang aking inay na may kayamanan isang kaldero
Na nagagamit kapag ang aking ama ay sumweldo
Pero kulang na kulang parin,
Ulam na tuyo’t asin
Ang singkwenta pesos sa maghapo’y pagkakasyahin
Di ko alam kung talagang maraming harang
O mataas lang ang bakod
O nagbubulag-bulagan lamang po kayo
Kahit sa dami ng pero niyo
Walang doktor na makapag papalinaw ng mata niyo
Kaya…

Wag kang masyadong halata
Bato-bato sa langit
Ang matamaay wag magalit
O bato-bato bato sa langit
Ang matamaan ay
Wag masyadong halata
Wag kang masyadong halata
Hehey, (Wag kang masyadong halata)
(Wag kang masyadong halata)
Yeahhey…
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Re: Legal Liability

Postby avatar » Sat Aug 06, 2011 12:31 am


Also love it, tsongki, great contribution. gudpost have been rapping along the past hours...... :cha :party :cha :chacha :dance :cheers clap :true witch
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Re: Legal Liability

Postby majikshrums » Sat Aug 06, 2011 6:51 am



great find tsong... hp64
as if that song/rap was really written for him.

can somebody post the youtube link on the king's facebook page? clap



yes yes yo...
yes yes yo... :twisted:
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby netmagus » Sat Aug 06, 2011 8:22 am

avatar wrote:i am very confused about that ATM business. why exactly does a municipal hall needs an ATM????? ;think; I mean, there is an ATM just a few meters away from it in the Rural Bank. And then another one at the pier in Allied Bank. so why oh why do they need one just in front of the mayor's office? And what exactly would the EUF have to do with that? dont tell me they want to deposit all the EUF money there :swoon :heat well, remember the story earlier this year, when the treasurer's office lost 300,000.- pesos???? what actually happened about THAT? did they ever find out who did it? Or do they believe that an ATM machine right there in the open is safer then the safe in the treasurer's office??? :megashock Maybe Sir Netmagnus could enlighten us?


I am voting NO to this resolution. I would like to reserve my comments after I have voted NO this coming Tuesday. I believe it is again a wrong decision that can put the municipality at a disadvantage and the members of the SB in a bad situation. That is all for now. Will post my dissenting opinion here on Tuesday.
"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." - GW
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Re: Legal Liability

Postby engrben » Sun Aug 07, 2011 11:21 am

netmagus wrote:
avatar wrote:i am very confused about that ATM business. why exactly does a municipal hall needs an ATM????? ;think; I mean, there is an ATM just a few meters away from it in the Rural Bank. And then another one at the pier in Allied Bank. so why oh why do they need one just in front of the mayor's office? And what exactly would the EUF have to do with that? dont tell me they want to deposit all the EUF money there :swoon :heat well, remember the story earlier this year, when the treasurer's office lost 300,000.- pesos???? what actually happened about THAT? did they ever find out who did it? Or do they believe that an ATM machine right there in the open is safer then the safe in the treasurer's office??? :megashock Maybe Sir Netmagnus could enlighten us?


I am voting NO to this resolution. I would like to reserve my comments after I have voted NO this coming Tuesday. I believe it is again a wrong decision that can put the municipality at a disadvantage and the members of the SB in a bad situation. That is all for now. Will post my dissenting opinion here on Tuesday.


Netmagus, I am not very familiar with the ATM business. What is bad about it? I think ATM is good because many tourists need ATM and even residents. Can u explain why u do not agree with the ATM.
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Re: Legal Liability

Postby turismo » Sun Aug 07, 2011 3:13 pm

tsismis na totoo - Me kaso na sila -

MD, and councilors Evangelista, Lopez, Magbuhos and former councilors Persia, Andal and Kardo Ilagan received a letter from Ombudsman requiring them to answer in 10 days complaint against them by Mr. Kiddo Kalaw - I am not sure what are the charges against them but .... this should serve a lesson that councilors get court cases when they follow poor judgement of the :emperor by passing questionable resolutions.
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Re: Legal Liability

Postby kiddokalaw » Mon Aug 08, 2011 10:23 am

Yes, I filed a Complaint at the Ombudsman against:

Mayor Hubbert Christopher A. Dolor of the Municipality of Puerto Galera, Councilor Graciela Magbuhos, Councilor, Councilor Joseph L. Andal, Councilor Policarpio C. Lopez, Councilor Virleo M. Persia, Councilor Mark Garry V. Evangelista, Councilor Ricardo B. Ilagan, Councilor Eleno B. Canadava, Delia Atienza, Juergen Lorenz, Maximilian Oppacher, Engr. Fernando Suzara, & John Does

My complaint charges public respondents in collusion, connivance, confederation, and conspiracy with private respondents in committing acts violative of the provisions of:

1. Republic Act 6713 or “An Act Establishing A Code of Conduct and Ethical Standards For Public Officials and Employees” and Republic Act 3019, otherwise known as “the Anti-Graft and Corrupt Practices Act”. Under Republic Act 3019, it provides:

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
xxx xxx xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Xxx xxx xxx

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Xxx xxx
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.
Xxx xxx

With regard to the Approval and Execution of the Memprandum of Agreement on the water rehab and expansion and the Operations and Management Agreement for the water and SWTP.

The full text of my Complaint will be available via a link in this forum .
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Re: Legal Liability

Postby lighthouse » Mon Aug 08, 2011 1:57 pm

Finally some good news, well done Sir. KIDDOKALAW this is what THEY deserve.

money) b0202 70set LOL2 LOL2 tmpin
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Re: Legal Liability

Postby lighthouse » Mon Aug 08, 2011 2:02 pm

engrben wrote:
netmagus wrote:
avatar wrote:i am very confused about that ATM business. why exactly does a municipal hall needs an ATM????? ;think; I mean, there is an ATM just a few meters away from it in the Rural Bank. And then another one at the pier in Allied Bank. so why oh why do they need one just in front of the mayor's office? And what exactly would the EUF have to do with that? dont tell me they want to deposit all the EUF money there :swoon :heat well, remember the story earlier this year, when the treasurer's office lost 300,000.- pesos???? what actually happened about THAT? did they ever find out who did it? Or do they believe that an ATM machine right there in the open is safer then the safe in the treasurer's office??? :megashock Maybe Sir Netmagnus could enlighten us?


I am voting NO to this resolution. I would like to reserve my comments after I have voted NO this coming Tuesday. I believe it is again a wrong decision that can put the municipality at a disadvantage and the members of the SB in a bad situation. That is all for now. Will post my dissenting opinion here on Tuesday.


Netmagus, I am not very familiar with the ATM business. What is bad about it? I think ATM is good because many tourists need ATM and even residents. Can u explain why u do not agree with the ATM.


We already have 3 ATM's here in puerto and this is business for banks not for LGU's and before you can start a ATM you have to pay around 20 million bond to the bank who owns the atm and where is this 20 million coming from?????
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Re: Legal Liability

Postby lighthouse » Mon Aug 08, 2011 3:11 pm

netmagus wrote:
avatar wrote:i am very confused about that ATM business. why exactly does a municipal hall needs an ATM????? ;think; I mean, there is an ATM just a few meters away from it in the Rural Bank. And then another one at the pier in Allied Bank. so why oh why do they need one just in front of the mayor's office? And what exactly would the EUF have to do with that? dont tell me they want to deposit all the EUF money there :swoon :heat well, remember the story earlier this year, when the treasurer's office lost 300,000.- pesos???? what actually happened about THAT? did they ever find out who did it? Or do they believe that an ATM machine right there in the open is safer then the safe in the treasurer's office??? :megashock Maybe Sir Netmagnus could enlighten us?


I am voting NO to this resolution. I would like to reserve my comments after I have voted NO this coming Tuesday. I believe it is again a wrong decision that can put the municipality at a disadvantage and the members of the SB in a bad situation. That is all for now. Will post my dissenting opinion here on Tuesday.

===========================================================================================
SO tomorrow the resolution about the placing of the ATM will pass tomorrow while it is already there ,it is really ALL to much what is happen here in PUERTO GALERA ,i took more than 30 pictures so far and prepare a slide show for Mr Robredo see what will be his reaction!!!! :spite :spite :spite :spite :spite :spite :spite
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Re: Legal Liability

Postby netmagus » Mon Aug 08, 2011 8:44 pm

DISSENTING OPINION:

ON THE RESOLUTION AUTHORIZING THE MUNICIPAL MAYOR TO OPEN AN ACCOUNT WITH UCPB, TO DEPOSIT MORE THAN 20 MILLION PESOS COMING FROM LAND BANK INCLUDING THE EUF FUND TO SATISFY THE REQUIREMENT OF THE INSTALLATION AND MAINTENANCE OF THE UCPB-ATM INSTALLED LAST JULY 28, 2011 AT THE MUNICIPAL HALL

I vote NO to this resolution because of the following reasons:

1. I believe that the Municipality would be best served if the ATM is from Land Bank as the Municipal Government need not worry about requirements to maintain the ATM as Land Bank is already its depository bank. Furthermore, government employees including teachers will be able to withdraw from the ATM with no service fees being charged against them. UCPB-ATM will automatically debit service fee if the deposit is from Land Bank.
2. I believe that the Mayor again put the cart before the horse. Even before the SB had a chance to study, even deliberate on whether the Municipal Government will open an account with UCPB, the ATM had already been installed – date installed: July 28, 2011. A requirement for the ATM is this resolution, date this resolution will pass, if the SB approves it today – August 9, 2011. Because of this, I observed that the Department Heads, Members of the SB were placed under tremendous stress and pressure to pass this resolution.
3. I believe that the resolution violates Municipal Ordinance No. 06-03 otherwise known as the EUF System Ordinance and Executive Order No. 17-07 which is the IRR of Municipal Ordinance No. 06-03
a. Section 6.6 of the Ordinance states that “A trust fund shall be established as a special account to receive EUF collection and to finance approved projects or activities…”
b. Section 8 of the Ordinance enumerates the purposes for which the Environment Fee shall be used.
c. There is no mention in the Ordinance stating that the EUF shall be used as part of the initial deposit to satisfy the requirement of a bank for the installation and maintenance of an ATM.
d. It is clear in the MOA between UCPB and the Municipality that the deposit of 20 million pesos is a requirement for the installation and maintenance of the ATM.
e. Further, the 20 million pesos is the ADB, the Average Daily Balance that the Municipality needs to maintain so as to maintain the ATM at the Municipal Hall.
f. The OIC Accountant has certified availability of the 20 million pesos which includes the EUF under trust fund at Land Bank, Calapan Branch.
g. Rule 6.1 of Executive Order No. 17-07 signed by Mayor Hubbert Dolor states that “ENVIRONMENTAL USERS FEE will be deposited to the trust fund of the Municipality with the LAND BANK of the PHILIPPINES. After deposited the amount would be posted to TRUST FUND CASH BOOK defining it for EUF purposes only. The same will be accounted and posted to the subsidiary ledger of the Municipal Accountant for EUF purposes only.” Attached herewith is a copy of EO 17-07.
h. The Committee had requested an opinion from the COA regarding the transfer of the EUF to UCPB. To date, I have not seen any written opinion that would clear the transfer of funds.
4. The correct procedure, provided that the COA agrees to the transfer, should have been:
a. CRMB resolution recommending the transfer of the EUF to UCPB.
b. SB approving the CRMB Resolution.
c. Mayor Dolor amending EO 17-07.
d. Provincial Board/ Governor approving the amendment of EO 17-07.
e. Then this Resolution.
5. I am not against having an ATM at the Municipal Hall for I fully know that it would be beneficial to the public. However, the ATM should be from Land Bank of the Philippines.

I vote No.


Hon. Emmanuel L. Lineses
Municipal Councilor
"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." - GW
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Re: Legal Liability

Postby kiddokalaw » Tue Aug 09, 2011 7:39 am

Spoken like an honorable councilor. gudpost

Some comments for your consideration:

netmagus wrote:e. Further, the 20 million pesos is the ADB, the Average Daily Balance that the Municipality needs to maintain so as to maintain the ATM at the Municipal Hall.


Average Daily Balance usually means that funds can be withdrawn at any time and the bank just charges interest if you go below the ADB. Who are the signatories to this account?

netmagus wrote:h. The Committee had requested an opinion from the COA regarding the transfer of the EUF to UCPB. To date, I have not seen any written opinion that would clear the transfer of funds.


The transfer of funds is a legal issue that needs an amendment to Section 8 of the Ordinance and:

a CRMB resolution recommending the transfer of the EUF to UCPB.
b. SB approving the CRMB Resolution.
c. Mayor Dolor amending EO 17-07.
d. Provincial Board/ Governor approving the amendment of EO 17-07.
e. Then this Resolution.

Only then can the COA allow the transfer of funds.
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Re: Legal Liability

Postby majikshrums » Tue Aug 09, 2011 7:46 pm

FINALLY!!!
The KING/EMPEROR/MOST POWERFUL MAN IN PUERTO GALERA has met his match.

Let us see him get out of these mess that he and his SWOLLEN head has created.

Keep up the good work sir Kiddo... and may your tribe increase!
Let this be a lesson to future would-be kings... just because you where elected does not mean you own PG.


Now that a case has been filed, I'm sure more cases of CORRUPTION and ABUSE OF AUTHORITY against the :emperor will come out... clap

Let it be known that MD stands for.....
Makukulong si Dok
:twisted:
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby tsongki » Tue Aug 09, 2011 8:48 pm

majikshrums wrote:FINALLY!!!
The KING/EMPEROR/MOST POWERFUL MAN IN PUERTO GALERA has met his match.

Let us see him get out of these mess that he and his SWOLLEN head has created.

Keep up the good work sir Kiddo... and may your tribe increase!
Let this be a lesson to future would-be kings... just because you where elected does not mean you own PG.


Now that a case has been filed, I'm sure more cases of CORRUPTION and ABUSE OF AUTHORITY against the :emperor will come out... clap

Let it be known that MD stands for.....
Makukulong si Dok
:twisted:

gudpost
sabi ko na eh at Makakarma ka Din lol7 lol7 ;lol; ;lol; taunt taunt
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Re: Legal Liability

Postby engrben » Wed Aug 10, 2011 1:29 pm

Heh! Pede pala magtagalog, dugo na ngipin ko sa pag-eenglis hhehehe.

Nakow sabi ni Attoney, malamang ma-suspinde raw si Mayor at mga alipores nya, pag nagkataon Mayor si Imbo ng 3 buwan hehehehe.

Malakas daw kaso ni Mr. Kalaw (galing nyo Ser), wala daw lusot si MD.
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Re: Legal Liability

Postby KANTO BOY » Wed Aug 10, 2011 9:08 pm

engrben wrote:I see the pictures of the most powerful man in the facebook about the celebration of the municipality building. The people there all happy bcoz of the new building but what can it do for us, nothing.



ENGR BEN MAGTAGALOG KA NA LANG...GUMAYA KA SA AKIN...KONG DI KA MARUNONG MAG ENGLISH AT SA MGA GRAMMAR MANAGALOG KA NA LANG KATUWA PA BASAHIN.PEACE :true
:true
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Re: Legal Liability

Postby KANTO BOY » Wed Aug 10, 2011 9:23 pm

kiddokalaw wrote:Yes, I filed a Complaint at the Ombudsman against:

Mayor Hubbert Christopher A. Dolor of the Municipality of Puerto Galera, Councilor Graciela Magbuhos, Councilor, Councilor Joseph L. Andal, Councilor Policarpio C. Lopez, Councilor Virleo M. Persia, Councilor Mark Garry V. Evangelista, Councilor Ricardo B. Ilagan, Councilor Eleno B. Canadava, Delia Atienza, Juergen Lorenz, Maximilian Oppacher, Engr. Fernando Suzara, & John Does

My complaint charges public respondents in collusion, connivance, confederation, and conspiracy with private respondents in committing acts violative of the provisions of:

1. Republic Act 6713 or “An Act Establishing A Code of Conduct and Ethical Standards For Public Officials and Employees” and Republic Act 3019, otherwise known as “the Anti-Graft and Corrupt Practices Act”. Under Republic Act 3019, it provides:

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
xxx xxx xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Xxx xxx xxx

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Xxx xxx
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.
Xxx xxx

With regard to the Approval and Execution of the Memprandum of Agreement on the water rehab and expansion and the Operations and Management Agreement for the water and SWTP.

The full text of my Complaint will be available via a link in this forum .



BKIT KASAMA SI ANDAL AT RICARDO ILAGAN?DI NA NAMAN SILA COUNCILOR DIBA?TELL ME WHY? ;think;
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Re: Legal Liability

Postby kiddokalaw » Thu Aug 11, 2011 7:21 am

KANTO BOY wrote:BKIT KASAMA SI ANDAL AT RICARDO ILAGAN?


Ang reklamo ko sa Ombudsman ay batay sa isang SB Resolution na pinasa noong 2009. ( Konsehal pa sila noon).

netmagus wrote:DISSENTING OPINION:

ON THE RESOLUTION AUTHORIZING THE MUNICIPAL MAYOR TO OPEN AN ACCOUNT WITH UCPB, TO DEPOSIT MORE THAN 20 MILLION PESOS COMING FROM LAND BANK INCLUDING THE EUF FUND TO SATISFY THE REQUIREMENT OF THE INSTALLATION AND MAINTENANCE OF THE UCPB-ATM INSTALLED LAST JULY 28, 2011 AT THE MUNICIPAL HALL

I vote NO to this resolution because of the following reasons:

1. I believe that the Municipality would be best served if the ATM is from Land Bank as the Municipal Government need not worry about requirements to maintain the ATM as Land Bank is already its depository bank. Furthermore, government employees including teachers will be able to withdraw from the ATM with no service fees being charged against them. UCPB-ATM will automatically debit service fee if the deposit is from Land Bank.
2. I believe that the Mayor again put the cart before the horse. Even before the SB had a chance to study, even deliberate on whether the Municipal Government will open an account with UCPB, the ATM had already been installed – date installed: July 28, 2011. A requirement for the ATM is this resolution, date this resolution will pass, if the SB approves it today – August 9, 2011. Because of this, I observed that the Department Heads, Members of the SB were placed under tremendous stress and pressure to pass this resolution.
3. I believe that the resolution violates Municipal Ordinance No. 06-03 otherwise known as the EUF System Ordinance and Executive Order No. 17-07 which is the IRR of Municipal Ordinance No. 06-03
a. Section 6.6 of the Ordinance states that “A trust fund shall be established as a special account to receive EUF collection and to finance approved projects or activities…”
b. Section 8 of the Ordinance enumerates the purposes for which the Environment Fee shall be used.
c. There is no mention in the Ordinance stating that the EUF shall be used as part of the initial deposit to satisfy the requirement of a bank for the installation and maintenance of an ATM.
d. It is clear in the MOA between UCPB and the Municipality that the deposit of 20 million pesos is a requirement for the installation and maintenance of the ATM.
e. Further, the 20 million pesos is the ADB, the Average Daily Balance that the Municipality needs to maintain so as to maintain the ATM at the Municipal Hall.
f. The OIC Accountant has certified availability of the 20 million pesos which includes the EUF under trust fund at Land Bank, Calapan Branch.
g. Rule 6.1 of Executive Order No. 17-07 signed by Mayor Hubbert Dolor states that “ENVIRONMENTAL USERS FEE will be deposited to the trust fund of the Municipality with the LAND BANK of the PHILIPPINES. After deposited the amount would be posted to TRUST FUND CASH BOOK defining it for EUF purposes only. The same will be accounted and posted to the subsidiary ledger of the Municipal Accountant for EUF purposes only.” Attached herewith is a copy of EO 17-07.
h. The Committee had requested an opinion from the COA regarding the transfer of the EUF to UCPB. To date, I have not seen any written opinion that would clear the transfer of funds.
4. The correct procedure, provided that the COA agrees to the transfer, should have been:
a. CRMB resolution recommending the transfer of the EUF to UCPB.
b. SB approving the CRMB Resolution.
c. Mayor Dolor amending EO 17-07.
d. Provincial Board/ Governor approving the amendment of EO 17-07.
e. Then this Resolution.
5. I am not against having an ATM at the Municipal Hall for I fully know that it would be beneficial to the public. However, the ATM should be from Land Bank of the Philippines.

I vote No.


Hon. Emmanuel L. Lineses
Municipal Councilor


well done Councilor. I heard that the resolution was deferred upon advice of legal officer after reading your dissenting opinion.

One honorable Councilor has the intelligence and competence to make up for what the other nine at the SB, apparently, lack.
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Re: Legal Liability

Postby engrben » Thu Aug 11, 2011 8:13 am

KANTO BOY, di ga buwan daw ng wikang tagalog ngayon kaya mag tagalog muna ako.

Kagaling naman ni Konsehal Lineses, isa laban sa siyam, hahahaha tapos talo pa si MD. Congrats Konsehal Lineses, patuloy nyo po yang ginagawa nyo kahit nag-iisa kayo. Ipaglaban nyo po ang Puerto Galera laban sa mga mangmang at tatango tango na lamang na opisyal ng bayan sa mga utos ng makapangyarihang MD hehehehe.

Iboboto po ulit namin kayo.
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Re: Legal Liability

Postby netmagus » Thu Aug 11, 2011 1:24 pm

Salamat po sa inyong lahat ngunit gusto ko sabihin na wala naman po paligsahan sa SB.

Alam ko po na binabasa ng maraming tao ang forum na ito at dapat lamang pasalamatan ang may-ari at admin ng bagong forum na ito sapagkat napanatili ang "freedom of expression" matapos na magsara ang puertodegalera.com na forum. Hindi ko na po kailangan sabihin ang dahilan kung bakit isinara ko ang old forum subalit maaaring sa tamang panahon ay muli itong magbukas.

Hindi ko po kaaway na personal si Mayor, sya po ay aking kumpare. Ang nilalabanan ko po ay ang mga programa at polisiya niya na sa palagay ko ay mali, di-makatuwiran at di-makatarungan.

Sa mga supporters ni Mayor, makikita nyo po sa mga posts ko na ang tinatanong ko at pinupulaan ko ay mga programa, proyekto at polisya, hindi ko po sya inatake ng personal... subalit ang naging sagot nyo sa akin ay hindi sagot sa aking mga tanong bagkus ay atake sa aking pagkatao... Sa maniwala kayo at sa hindi, OK lamang po yan sa akin sapagkat ako ay "public official" at mula ng sumumpa sa aking tungkulin ay inasahan ko na ang mga batikos. Tinawag nyo akong "ahas", "buwaya", "butete", walang utang na loob etc... hindi po nito sinagot ang aking mga tanong at kritisismo at mananatili itong buhay sa isipan ng mga tao.

Mahal natin lahat ang ating bayan, ika nga ni kapitan Rockey, ito lamang ang ating bayan. Sa bandang huli, ang kasaysayan ang huhusga kung ang ginawa natin ngayon ay tama o mali.

Pangarap ko po na isang araw lahat ng mga opisyales ng bayan ay mag-usap bilang mga tunay na nagmamahal sa bayan, pag-usapan kung ano ang katayuan ng ekonomiya, ng social sevices at kailangang infra projects... yung tunay na kailangan na mga proyekto, isantabi muna ang pulitika at isipin ang kabutihan ng nakakarami...

1. Turismo - makipag-ugnayan sa mga stakeholders at pakinggan ang kanilang hinaing at matatalinong panukala para dumami ang turista sa ating bayan. - Develop tourist sites - tulungan na makagawa ng tourism code para sa ating bayan. Let us be humble and accept mistakes we made... We cannot do this without the private sector... I will not do this without the private sector.

2. Environment - ito ang reason kung bakit marami turista na dumarating sa Puerto Galera, isantabi ang pulitika at gawin natin ang tama.

3. Palengke - Ayusin natin ang palengke, hanapan ng solusyon ang mataas na presyo ng bilihin, makipag-dayalogo sa producer, vendors at consumers....

4. Hospital, Ambulansya, Fire Station, Police Outposts at iba pa....

At marami pa pong iba tulad ng patubig, solusyon sa kontaminasyon ng dagat, mga points of entry, water transportation (ro-ro), special events ... Sana po ay mabasa ito ng mga kina-uukulan ... kalimutan po muna natin ang titulo, maging humble tayo, at pag-usapan ang makakabuti sa ating bayan....
"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." - GW
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Re: Legal Liability

Postby information » Tue Aug 16, 2011 11:07 pm

kiddokalaw wrote:Yes, I filed a Complaint at the Ombudsman against:

Mayor Hubbert Christopher A. Dolor of the Municipality of Puerto Galera, Councilor Graciela Magbuhos, Councilor, Councilor Joseph L. Andal, Councilor Policarpio C. Lopez, Councilor Virleo M. Persia, Councilor Mark Garry V. Evangelista, Councilor Ricardo B. Ilagan, Councilor Eleno B. Canadava, Delia Atienza, Juergen Lorenz, Maximilian Oppacher, Engr. Fernando Suzara, & John Does

My complaint charges public respondents in collusion, connivance, confederation, and conspiracy with private respondents in committing acts violative of the provisions of:

1. Republic Act 6713 or “An Act Establishing A Code of Conduct and Ethical Standards For Public Officials and Employees” and Republic Act 3019, otherwise known as “the Anti-Graft and Corrupt Practices Act”. Under Republic Act 3019, it provides:

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
xxx xxx xxx
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
Xxx xxx xxx

(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Xxx xxx
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.
Xxx xxx

With regard to the Approval and Execution of the Memprandum of Agreement on the water rehab and expansion and the Operations and Management Agreement for the water and SWTP.

The full text of my Complaint will be available via a link in this forum .



The public respondents were asked to reply to the Corruption Court within 10 days -- that would be by today or tomorrow ? Since allegations of graft and corruption are of particular public interest are any of the repondents willing to explain why they think they had been upholding the public interest by entering into those contracts with PGIC ? Anything from the Emperor or his cohorts? Hello ? The PG election season has opened with a big bang and it seems we'll be in for some more fireworks.
Excellent initiative indeed Mr. Kalaw ! :good
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Re: Legal Liability

Postby engrben » Wed Aug 17, 2011 10:30 am

MASYADO NA garapalan ang gawa nila!!!!!!!!!!!!!!!!!!!!!!

I am donate 5000 pesos of my hard earn money for the case against the big man. All People should also help.
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Re: Legal Liability

Postby kanyonero » Wed Aug 17, 2011 3:26 pm

hahahaha engrben bravo, good suggestion. I also like to donate some money to Mr. Kalaw's for the court case. Give us your account number so we can deposit money. Thank you Mr. Kalaw.

This is for our future, for our Puerto Galera.
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Re: Legal Liability

Postby kiddokalaw » Wed Aug 17, 2011 5:36 pm

information wrote:The public respondents were asked to reply to the Corruption Court within 10 days -- that would be by today or tomorrow ?

10 days would have been on August 15, 2011.

information wrote: Since allegations of graft and corruption are of particular public interest are any of the repondents willing to explain why they think they had been upholding the public interest by entering into those contracts with PGIC ? Anything from the Emperor or his cohorts?

It remains to be seen how public interest was upheld based on the documentary evidence submitted to the ombudsman.

information wrote:The PG election season has opened with a big bang and it seems we'll be in for some more fireworks.

For sure. “ Let the games begin

engrben wrote:MASYADO NA garapalan ang gawa nila!!!!!!!!!!!!!!!!!!!!!!
I am donate 5000 pesos of my hard earn money for the case against the big man. All People should also help.


kanyonero wrote:I also like to donate some money to Mr. Kalaw's for the court case. Give us your account number so we can deposit money. This is for our future, for our Puerto Galera.


Thank you for your initiative and pledges of support.
A depository account for a legal fund will be organized and donations can be made anonymously.
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Re: Legal Liability

Postby majikshrums » Wed Aug 17, 2011 8:18 pm

engrben wrote:MASYADO NA garapalan ang gawa nila!!!!!!!!!!!!!!!!!!!!!!

I am donate 5000 pesos of my hard earn money for the case against the big man. All People should also help.

kanyonero wrote:hahahaha engrben bravo, good suggestion. I also like to donate some money to Mr. Kalaw's for the court case. Give us your account number so we can deposit money. Thank you Mr. Kalaw.

This is for our future, for our Puerto Galera.

now the ball is rolling...


I too, shall pledge the earnings of my two tricycles from this coming weekend.
It may not be much, but my family will be more than willing to do our share
so that abusive, arrogant and corrupt goverment officials get what they deserve.


Awaiting the information of that special legal fund so we can do our share sir kiddo... :twisted:
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby avatar » Wed Aug 17, 2011 10:58 pm

majikshrums wrote:Awaiting the information of that special legal fund so we can do our share sir kiddo... :twisted:


:party :cheers oh yeah, count me in.
We talked the talk now we will walk the walk.
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Re: Legal Liability

Postby kiddokalaw » Sun Aug 21, 2011 8:36 pm

My apologies for not being able to accept donations from you at this time

A legal fund with the appropriate collection, accounting and documentation is now under study.

FYI: The Respondents have requested a 15 day extension to reply to the Complaint
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Re: Legal Liability

Postby majikshrums » Sun Aug 21, 2011 9:10 pm

kiddokalaw wrote:FYI: The Respondents have requested a 15 day extension to reply to the Complaint

My take on the recent actions of the respondents...

An innocent man, the moment he recieves a complaint against his person would summon all the heavens and profess his innocence right away.

A GUILTY person, would ask for extensions upon extensions while looking for connections inside the office of the OMBUDSMAN.
He would probably go as far as look for someone to bribe for the dismissal of the case.
Or he would plead to a brother working for the justice department to see if they can "COOK" something up with the office of the OMBUDSMAN.
He would face the case with much delay and try to have it dismissed due to technicalities and not on the merits.

You be the judge, which is MD between the two?
:twisted:

bottomline...LET'S ALL BE VIGILANT...




BTW, my two tricycles earned P1,140.00(net) over the weekend, i have already set this amount aside ready to be deposited when the legal fund is activated.
I know it may not be much, but I hope it can help restore honesty, integrity and most of all decency in our local goverment.
the Doctor is almost done with his 2nd term,
still, PG has no HOSPITAL!!!
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Re: Legal Liability

Postby avatar » Mon Aug 22, 2011 2:35 pm

kiddokalaw wrote:A legal fund with the appropriate collection, accounting and documentation is now under study.


Do let us know soonest, Sir Kiddo. Now is the time. And if you have any suggestions how we otherwise could help. I studied your link http://www.dpwh.gov.ph/about_us/reforms ... o%2007.pdf intensively. Ombusman really seems the way to go. We would have sooooo many beautiful cases, so i just would love to put my signature anywhere where it is needed. :yahoo crlol :cha
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Re: Legal Liability

Postby bubuyog » Mon Aug 22, 2011 3:40 pm

Nakow, sabi ni atorni na walang lusot ang ubod ng yabang na meyor at kanyang mga bobong tuta. Umamin na kayo at magpakulong na rin at ganun din ang katapusan ng kaso. Isang daan libong sentimos ang ihuhulog ko laban sa inyo.
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Re: Legal Liability

Postby information » Tue Sep 06, 2011 5:05 pm

August 15 was the deadline for respondents to reply to Kiddokalaw's complaint with the Ombudsman. Respondents requested a two week extension.
Now is September and the case against MD and his councilors and public private partners should be rolling and the suspense is building crlol crlol

Shouldn't we be filing with Ombudsman some more complaints like
- how is it that the consortium is doing land reclamation w/o the prerequisite presidential approval ?
- how is it that MD could subject the taxation powers of Puerto Galera to the financial requirements of the PGIC consortium ??
- how is it that MD repeatedly lied about tourist arrival numbers (1 Mio) and projected EUF income despite better knowledge ???
- how is it that MD could sign over the hydropower development rights for Puerto Galera to PGIC if they are in the domain of the Dept of Energy /NREB ????
- how is it that MD could agree to the grossly disadvantageous terms imposed by PGIC such as +20% interest, 15% supervison fee, payment guarantees, etc, etc.?????
- how is it that MD's silly contract with PGIC has for years now been blocking all reasonable measures to improve sanitation and water supply ??????

Anyways, Kiddokalaw launched the first case and any tiny bit of info on how things are developing surely will be appreciated on this forum. ;594; crlol :dance
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Re: Legal Liability

Postby kiddokalaw » Wed Sep 07, 2011 5:53 am

Update on the Ombudsman Complaint.
-Former Councilors Ilagan and Andal Replied within the 10 day period.
-Mayor Dolor and rest of LGU replied August 31.
-The Order of the Ombudsman for the Consortium to reply was sent here to Puerto Galera, instead of their office in Makati,and I have no confirmation when they received it

http://www.philstar.com/nation/article. ... eId=724458

SC sets oral arguments on Boracay reclamation project
By Edu Punay The Philippine Star Updated September 07, 2011 12:00 AM 0 comment to this post

MANILA, Philippines - The Supreme Court (SC) issued yesterday its guidelines for the oral argument set next week on a petition seeking to stop a P1-billion reclamation project covering the 40-hectare coastline of the world renowned Boracay island and nearby Caticlan port in Aklan.

xxxxxxxxxxxxx
The high court earlier issued a temporary environmental protection order (TEPO) enjoining the provincial capitol and other implementing agencies – represented by Gov. Carlito Marquez, PRA, and the Environmental Management Bureau of the Department of Environment and Natural Resources – from proceeding with the project.

The high court saw the need to issue the TEPO – a version of temporary restraining order for environmental cases – after finding the grounds submitted by petitioner meritorious.

Petitioners, composed of over 60 resort, hotel, and restaurant owners as well as community organizations and environmental advocates, questioned in their petition last week the implementation of the project which started in December last year due to purported lack of a comprehensive environmental impact assessment and public hearings.**

Xxxxxxxxxxxxx

** This is the reason tourism in Boracay is so successful while it is disappearing in Puerto Galera:
-In Boracay, The private sector organizes and acts to resolve perceived legally questionable acts of government;
-In Puerto Galera the private sector is complacent and afraid (of what?) giving Implicit consent to the questionable acts of the LGU


The Puerto Galera Legal Fund is now ready to accept contributions :

Puerto Galera :
Account Name: Puerto Galera Legal Fund
Acct. No: 627930 Savings Account
Rural Bank of Puerto Galera ( Oriental Mindoro) Inc.
Puerto Galera, Oriental Mindoro 5203
Philippines

Metro Manila :
From: any Bank of Commerce branch
Account Name: : Rural Bank of Puerto Galera, inc.
For: Puerto Galera Legal Fund
Account No: 067-00-000161-6
(Important : Fill up duplicate deposit slip and fax to 723-2019 Metro Manila)

Overseas:
Telegraphic transfer or telex:
Account Name: Puerto Galera Legal Fund
Acct. No: 627930 Savings Account
Rural Bank of Puerto Galera ( Oriental Mindoro) Inc.
Puerto Galera, Oriental Mindoro 5203
Philippines
Via Bank of Commerce, Head Office
2/F Phil First Building 6764 Ayala Avenue
Makati City , Swift Code: PABIPHMM
Thru Bank of Commerce, Calapan City Branch
Calapan City, Oriental Mindoro, Philippines
kiddokalaw
 
Posts: 135
Joined: Tue Feb 01, 2011 7:24 pm

Re: Legal Liability

Postby engrben » Wed Sep 07, 2011 7:32 pm

kiddokalaw wrote:Update on the Ombudsman Complaint.
-Former Councilors Ilagan and Andal Replied within the 10 day period.
-Mayor Dolor and rest of LGU replied August 31.
-The Order of the Ombudsman for the Consortium to reply was sent here to Puerto Galera, instead of their office in Makati,and I have no confirmation when they received it

http://www.philstar.com/nation/article. ... eId=724458

SC sets oral arguments on Boracay reclamation project
By Edu Punay The Philippine Star Updated September 07, 2011 12:00 AM 0 comment to this post

MANILA, Philippines - The Supreme Court (SC) issued yesterday its guidelines for the oral argument set next week on a petition seeking to stop a P1-billion reclamation project covering the 40-hectare coastline of the world renowned Boracay island and nearby Caticlan port in Aklan.

xxxxxxxxxxxxx
The high court earlier issued a temporary environmental protection order (TEPO) enjoining the provincial capitol and other implementing agencies – represented by Gov. Carlito Marquez, PRA, and the Environmental Management Bureau of the Department of Environment and Natural Resources – from proceeding with the project.

The high court saw the need to issue the TEPO – a version of temporary restraining order for environmental cases – after finding the grounds submitted by petitioner meritorious.

Petitioners, composed of over 60 resort, hotel, and restaurant owners as well as community organizations and environmental advocates, questioned in their petition last week the implementation of the project which started in December last year due to purported lack of a comprehensive environmental impact assessment and public hearings.**

Xxxxxxxxxxxxx

** This is the reason tourism in Boracay is so successful while it is disappearing in Puerto Galera:
-In Boracay, The private sector organizes and acts to resolve perceived legally questionable acts of government;
-In Puerto Galera the private sector is complacent and afraid (of what?) giving Implicit consent to the questionable acts of the LGU


The Puerto Galera Legal Fund is now ready to accept contributions :

Puerto Galera :
Account Name: Puerto Galera Legal Fund
Acct. No: 627930 Savings Account
Rural Bank of Puerto Galera ( Oriental Mindoro) Inc.
Puerto Galera, Oriental Mindoro 5203
Philippines

Metro Manila :
From: any Bank of Commerce branch
Account Name: : Rural Bank of Puerto Galera, inc.
For: Puerto Galera Legal Fund
Account No: 067-00-000161-6
(Important : Fill up duplicate deposit slip and fax to 723-2019 Metro Manila)

Overseas:
Telegraphic transfer or telex:
Account Name: Puerto Galera Legal Fund
Acct. No: 627930 Savings Account
Rural Bank of Puerto Galera ( Oriental Mindoro) Inc.
Puerto Galera, Oriental Mindoro 5203
Philippines
Via Bank of Commerce, Head Office
2/F Phil First Building 6764 Ayala Avenue
Makati City , Swift Code: PABIPHMM
Thru Bank of Commerce, Calapan City Branch
Calapan City, Oriental Mindoro, Philippines


Next week I will deposit the money for the legal fund. Hope it will help. I am not rich but I wish to contribute for it is good for my town.

I feel sad for this town who is so very blessed with nature beauty but cursed with the leaders elected.

In 2013 we have elections once more like before and it will be the same story. Nakakalungkot, Sad because we again vote for the same persons. More sad because councilor Noe is not running to get re-elected and we got no more to tell us what's going on.

Again I say Puerto Galera needs a miracle if not if will be just a paradise in our memories but very bad place in reality like what my foreigner friend tells me.
engrben
 
Posts: 30
Joined: Fri Jul 01, 2011 8:59 am

Re: Legal Liability

Postby kiddokalaw » Mon Sep 19, 2011 4:20 pm

The Consortium has filed it’s counter- affidavit to the Ombudsman complaint:
A reply to counter-affidavits of respondents will be filed by my legal counsel.

The Complaint filed at the Ombudsman is now under preliminary investigation as provided by:

Administrative Order No. 07
RULES OF PROCEDURE OF THE
OFFICE OF THE OMBUDSMAN

Pursuant to the authority vested in the Office of the Ombudsman under Sections
18, 23 and 27 of Republic Act. No. 6770, otherwise known as "The Ombudsman Act of
1989" the following Rules of Procedure of the Office of the Ombudsman are hereby
prescribed and promulgated:

Rule II
PROCEDURE IN CRIMINAL CASES

Xxxxxxxx

Section 4. Procedure – The preliminary investigation of cases falling under the
jurisdiction of the Sandiganbayan and Regional Trial Courts shall be conducted in the
manner prescribed in Section 3, Rule 112 of the Rules of Court, subject to the following
provisions:

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b) After such affidavits have been secured, the investigating officer shall issue an order,
attaching thereto a copy of the affidavits and other supporting documents, directing the
respondents to submit, within ten (10) days from receipt thereof, his counter-affidavits
and controverting evidence with proof of service thereof on the complainant. The
complainant may file reply affidavits within ten (10) days after service of the counter
affidavits

f) If, after the filing of the requisite affidavits and their supporting evidences, there are
facts material to the case which the investigating officer may need to be clarified on, he
may conduct a clarificatory hearing during which the parties shall be afforded the
opportunity to be present but without the right to examine or cross-examine the witness
being questioned. Where the appearance of the parties or witnesses is impracticable, the
clarificatory questioning may be conducted in writing, whereby the questions desired to
be asked by the investigating officer or a party shall be reduced into writing and served
on the witness concerned who shall be required to answer the same in writing and under
oath.

g) Upon the termination of the preliminary investigation, the investigating officer shall
forward the records of the case together with his resolution to the designated authorities
for their appropriate action thereon.

No information may be filed and no complaint may be dismissed without the
written authority or approval of the Ombudsman in cases falling within the jurisdiction
of the Sandiganbayan, or of the proper Deputy Ombudsman in all other cases.
Xxxxxxxxx



Thank you to the anonymous individuals who have contributed to the Puerto Galera Legal Fund.
Email the date and amount of your contribution to kalaw@gmx.net and I will send you the full text of the Complaint .
kiddokalaw
 
Posts: 135
Joined: Tue Feb 01, 2011 7:24 pm

Re: Legal Liability

Postby pulangga » Tue Sep 20, 2011 9:00 am

CONTIBUTION FOR WHAT mone) money) money) money) :?: :?: MAGKAKAPERA LANG SI KALAW DYAN...ALA DIN NMAN MANGYAYARI DYAN,PURO ALINGASNGAS LANG YAN :!: :!:
pulangga
 
Posts: 9
Joined: Wed Jun 15, 2011 1:59 pm

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