THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 3 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we conclude the installments on understanding forfeiture of illegally-obtained wealth.

In the defense against forfeiture, the Bank Deposits Secrecy Law (RA 1405, eff. 1955) and the Foreign Currency Deposit Act (RA 6426, eff. 1974) often also play a prominent role.  The BDSL provides that, unless ordered by a competent court in certain exceptional cases that include bribery or dereliction of duty, no examination into bank deposits in the Philippines may be made by any government official or body, and no bank employee shall disclose information on said deposits, unless permitted in writing by the depositor himself.  The FCDA, on the other hand, prohibits any examination by any government official, except upon written authority from the depositor. It further declares the deposits as exempt from attachment, garnishment or other process by any court or body. Both laws declare the deposits as absolutely confidential in nature. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 2 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we continue the installments on understanding forfeiture of illegally-obtained wealth.  We ended the last time with a statement that in forfeiture proceedings, the State is helped by a prima facie presumption in its favor.  That presumption states that property or wealth manifestly out of proportion to a public officer’s salary and other legitimate income is presumed illegal wealth.  For the state, this requires simply laying down the wealth obtained by the officer concerned and comparing it to his total government salary and benefits.  But we also said this is not as easy as it sounds, nor is the process involved free from complication. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 1 of 3)

Ma. Merceditas N Gutierrez, Ombudsman

RA 1379, enacted way back in 1955, gave the State the power to institute forfeiture proceedings against any public officer or employee to recover illegally-obtained property or wealth.  The 1987 Constitution expressly recognized this authority in Sec. 15 of Article XI which dealt on the accountability of public officers.  But the constitution clearly added that said power may be exercised not only against the officer concerned, but against his nominees and transferees.  It also more positively stated that said power cannot be barred by prescription, laches or estoppel. The provision under par. 2 of RA 1379 that the resignation of the official, his separation or dismissal would not prevent the filing of a forfeiture case against him was untouched. More »

When does duress make a contract voidable?

The Threat must have persuaded the innocent party to enter into the contract. The innocent party must have entered into the contract because of the threat. if the party would have entered into the same contract anyway, even without being threatened, the contract is not voidable.

Have you ever had a legal case inwhich you knew you were in the right but the other party, either being a person who might know of those higher up, by using acts of bribery with them, or even a government worker themselves whom seems to be concidered before ever the other person, outside the government, is ever concidered?

I highly recomend More »

Philippines most corrupt, survey says

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This survey was done during
the time GLORIA was in office.

Graphic showing the corruption scores of 13 Asian countries. The Philippines is perceived by foreign businessmen as Asia’s most corrupt economy, according to a survey Tuesday. Singapore and Hong Kong were seen as the cleanest economies, while China, Indonesia and Vietnam posted improvements, the Hong Kong-based Political and Economic Risk Consultancy (PERC) said.(AFP)

By Carlos H. Conde

MANILA: Expatriate businessmen in Asia perceive the Philippines as the most corrupt country in the region, according to a survey released Tuesday. More »

VIEWS FROM A BRIT119460-117532
MIKE WOOTTON

IMET a fairly new expatriate arrival to the Philippines the other day.

After five minutes introductory conversation, the lady came out with the question, “why is everything so difficult here?” That just about sums things up; everything is so difficult. It didn’t use to be like this.

The Philippines used to be a fairly easy place to live, albeit doing business for foreigners, has always been difficult. More »

Foreigners for JusticeForeigners for Justice

Posted November 15, 2014 on Facebook…

Philippines Government are liable to pay foreigners for damages incurred for Human Rights violations or denial of Due Process.

Thousands of Foreigners who have suffered at the hands of corrupt Philippines government officials like the Department of Justice, Bureau of Immigration or negligence by the Commission of Human Rights for not taking action in complaints filed can legally file for punitive damages in their own country. More »

48e9b87428478ca2013a569bb37af905A Poem Speaking Out Against Corruption in the Philippines

 

Poetry is a form of literature that uses aesthetic and rhythmic qualities of language—such as phonaesthetics, sound symbolism, and metre—to evoke meanings in addition to, or in place of, the prosaic ostensible meaning.” [Source]

Around June 25, of the year 2013, I wrote a poem speaking out against corruption in the Philippines. The poem is very much a vindication on venting out my frustrations on the corruption I have personally experienced, first hand, in the Philippines where I sought out justice but justice was never served. More »

speak-out-logo-1-web1RA 6770 Sections 24

Republic of the Philippines
Congress of the Philippines

Metro Manila

Eighth Congress

Republic Act No. 6770             November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him.

We have here four, important points, that gives us the right to file charges against any officer, in government, here in the Philippines, especially the immigration, Ombudsman or the Department of Justice, when we believe that we have been wronged or falsely accused.

The four important points are as follows: More »

Ombudsman warns:

All corrupt will be put to jail

ABS-CBNnews.com Posted at 05/12/2014 3:41 PM | Updated as of 05/12/2014 3:41 PM

Lifestyle check not just vs Jinggoy – Morales

MANILA – Ombudsman Conchita Carpio Morales said she wants to put all corrupt in jail during her term.

In her speech at the end of an Integrity Caravan in celebration of the Office of the Ombudsman’s 25th anniversary, Morales said her ultimate goal is to jail all corrupt no matter who they are.

She said no one will be spared in the investigations, including the pork barrel scam. More »