Comelec urged to freeze 3-termers’ proclamation


THE Parish Pastoral Council for Re- sponsible Voting (PPCRV) has urged the Commission on Elections (Come- lec) Tuesday revert to its original posi- tion on multiple termers (whose term exceeds the three-term limit) and dis- allow their proclamations after winning in the October 25 Barangay elections. In a two-page letter of PPCRV to Comelec Chairman Jose Armando Melo, the group stated that allow- ing multiple-termer winners to take their posts should not be covered under the guise of due process. According to Ambassador Hen- rietta de Villa and lawyer Howard Calleja of the PPCRV, there will be due process, if multiple termers would answer first the charges against them, rather allowing them to take their seats, which would bring a greater evil by accumulating excessive power. The election watchdog argues, “The


avoidance of this, far outweighs the inconvenience of a delayed proclama- tion. In fact, it would cause greater inconvenience and disorder to later disqualify those who have already been proclaimed despite pending is- sues over their disqualifications.” It pointed out that the Comelec


Police nab seven in cybersex den raid


SEVEN people were arrested after a cybersex den was raided by the police in Moriones, Tondo in Manila on Tuesday. The seven were identified as Rolando


Bongay, 34; Bernard Molleno, 25; Orly Corpuz, 27; Michael Lacap, 30; Boner Sadongdong, 27; Robert Sadongdong, 22—all from Tondo, Manila and Bryan Hampac, 22 from Quezon City. Police report said that the seven


were caught in the acts of performing simulated sexual activities with the aid of Internet technology. The seven were arrested for the


violation of Republic Act (RA) 9208, or the Anti-Trafficking in Person Act of 2003. Police Supt. Ernesto Tenedero, com- mander of Manila Police District Station 2 said that the information on the cybersex den was relayed by a regular informant. The suspects will be facing a case for


violation of RA 9208 and will be presented to the City Prosecutor Office for inquest proceedings. ETHELINDA CAIS AND JUDY ANN RETIS


would receive more criticism regarding the commission’s strength in perform- ing its tasks under the Constitution. “In the light of the above, Parish Pas- toral Council for Responsible Voting urges the commission to revert its origi- nal position embodied in Resolution 9077.The Commission en banc’s ex- ercise of its power to promulgate its own rules concerning pleadings and practice before it or before any of its offices provided they do not diminish, increase or modify substantive rights will inspire confidence in the commis- sion’s competence to carry out its man- date under the Constitution,” it avers. Recently, Melo and his commis- sioners were blamed by Interior and Local Government Secretary Jessie Robredo for the Comelec’s inaction in proclaiming all the winning barangay officials even if they are al- ready considered multiple termers. Robredo told Melo that Come-


lec’s inaction to verify the list which the Department of Interior and Lo- cal Government has submitted as early as September 24 on multiple- termer barangay officials resulted to a clear violation of the law. JOMAR CANLAS


news The Manila Times WEDNESDAY


A 3


D e cember 8, 2010


Suspected Sayyaf terrorist demands P470M from PNP


BY JEFFERSON ANTIPORDA REPORTER


that he was a member of the terrorist group Abu Sayyaf is now seeking more than P470 million in damages from the Philippine National Police (PNP).


A


THE long-delayed modernization of the Armed Forces of the Philippines (AFP) has suffered another setback because of alleged irregularity in the bidding proc- ess, leaving soldiers on the ground with no choice but to make do with their ob- solete World War II vintage equipment and other war armaments. Defense Secretary Voltaire Gazmin on


Allan Almoite is seeking compen- sation from the PNP based on the pro- vision stated in the Republic Act 9372, or the Human Security Act of 2007. The law provides monetary compensation for a person wrongfully accused for the


crime of terrorism. Almoite, in a suit filed before the


Regional Trial Court of Quezon City through his lawyer Felisberto Verano Jr., also include Supt. Roger James Brilliantes, Insp. Arnulfo Franco,


AFP modernization suffers new setback


Tuesday approved the recommendation of the Board of Inquiry (BOI) to declare a failure of bidding for the acquisition of eight attack helicopters of the Philip- pine Air Force valued at P3.2 billion. Gazmin also temporarily deferred further action on the acquisition of big-ticket items under the AFP Mod- ernization Program that includes the acquisition of two multipurpose heli- copter worth P860 million for the use of the Philippine Navy, which is now


the subject of a separate inquiry. The Department of National Defense spokesman, Undersecretary Eduardo Batac, said the bidding for the 10 helicopters would remain at the back burner till the issues are presented and acted upon by the Government Policy and Procurement Board. “The acquisition of other big-ticket items will also be deferred subject to a systematic and methodical review consist- ent with the principles under the Defense System of Management,” Batac said. Under Section 41 of Republic Act


9184, Gazmin, as head of the Defense department, reserves the right to declare a failure of bidding for any reasonable and justifiable ground where the award of the contract will not redound to the benefit of the government. The alleged irregularity was brought


MAN who was wrongfully accused and allegedly maltreated for more than 900 days in jail on suspicion


Insp. Dante Yang, Police Office 2 Reynaldo Yap, Police Officer 3 Pe- ter Paul Pablico and Police Officer 3 Noel Fabia as defendants. Verano claimed that his client


was wrongfully and maliciously detained for over two and a half years thus entitling him to civil damages under Republic Act 9372 amounting to P470 million, or P500,000 a day.


Court records showed that the


Verano was arrested by members of the national police last 2006 under the supposition that he was a mem- ber of the Abu Sayyaf and was charged before the Regional Trial Court of Valenzuela City.


But during the course of the trial


to the attention of the defense secre- tary by party-list Rep. Teddy Casiño and Rep. Tomas Osmeña of Cebu dur- ing deliberation on the proposed budget of the defense department. Based on its inquiry, the BOI has found that the project management team’s (PMT) decision to reduce the quantity of the attack helicopters that can be acquired from eight to seven, out of the P3.2-billion approved budget for the contract, to be unquestionably dis- advantageous to the government. The BOI said the reduction from eight to seven would deprive the gov- ernment some P400 million. The PMT said that its decision to reduce the number of attack helicop- ters was aimed at attracting more proponents who can participate in the bidding.


WILLIAM B. DEPASUPIL One killed, five others injured in train-taxi collision


A PERSON was killed, while five others were injured after a train hit the taxi they were riding in Pan- dacan, Manila on Tuesday. Gemma Reyes, 17, died while be- ing treated at the Hospital ng Maynila, while the other victims—de la Cruz, Glory Jean Camillas and three sis- ters—Ronalyn Lozano, 10; Rachel Lozano, 8; and Regine Lozano, 6— sustained injuries and were also brought to the same hospital for im- mediate medical check up.


of probationary employees Service contracts


Dear PAO, I worked for an IT firm. During the time I was inter- viewed, I was told by the Human Resources (HR) Representative that I will be hired as a probationary employee and they will hire me as a regular employee after the probationary pe- riod. So, I signed the con- tract and worked with this firm. But two weeks before my sixth month in the firm, I was given a memo- randum stating that the


firm will not hire me as a regular em- ployee. I was really shocked but because I had no other option, I left the company after my probation. I just want to know if what they did was correct. Do I have any recourse under our law? I hope you can enlighten me.


Travis


Dear Travis, Parties to an employment contract are not only bound by the provisions of their agree- ment but are also governed by the provi- sions of pertinent laws. In your case, you had a contract of probationary employment with the firm you used to work with. Since you did not mention the exact pe- riod for which your probationary employ- ment lasted, we will assume that it has com- plied with the provisions of the Labor Code, that is, your period of probationary employ- ment did not exceed six months from the date when you were hired. As a rule, the company cannot terminate your services within the six-month period because you have a security of tenure during that period. Nevertheless, a probationary employee


like yourself may be terminated during said period or not be regularized. As provided for under Article 281 of the Labor Code of the Philippines, “x x x The services of an employee who has been engaged on a pro- bationary basis may be terminated for a just cause or when he fails to qualify as a regu- lar employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. x x x”


Hence, the validity of the termination or nonregularization of a probationary em- ployee rests on the reason or basis thereof and as to the procedure it was made.


In your letter, you only mentioned that you were given a memorandum two weeks before your probationary employ- ment expired, which stated that you will not be hired as a regular em- ployee, but you did not mention the basis for your nonregularization. If the company did not


hire you as a regular em- ployee despite the fact that you qualified as such based on their


standards, then it is erroneous on their part to dismiss you and not hire you for regular employment. Consequently, you can file a complaint before the National Labor Relations Com- mission (NLRC). However, it is necessary for you to prove with certainty that you had an excellent work performance during the pro- bationary period or at least that your per- formance is well within the firm’s standards. On the other hand if based on the com-


pany’s records, you failed to qualify with their standards, the company may not be forced to hire you as a regular employee. But we would like to stress that the following principles must be followed: (1) your ter- mination must be in accord with the re- quirements of your contract; (2) the dissat- isfaction of the company is real and in good faith, not feigned to circumvent the law or contract; and (3) there is no unlawful dis- crimination. (Sameer Overseas Placement Agency, 317 SCRA 120) Accordingly, the firm will not be bound to hire you for regular employment if you fall short with their standards. We also need to recognize the right of companies to main- tain an adequate degree of work ethics and employee performance so that they can also provide good quality products and services. We hope that we were able to answer your


queries. Please be reminded that this advice is based solely on the facts you have nar- rated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.


Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTIONS> and send to 2299).


Senior Police Officer 2 Danilo Quiamzon of the Manila Police Dis- trict Station 10 said the incident oc- curred at about 6:30 a.m. at the cor- ner of Laura and Carreon streets in Pandacan, Manila. Radio news reports said that the victims were from White Cross Chil- dren’s Homes, an orphanage in San Juan City, and were on their way to the Saint Luke’s Medical Center for medical checkup—required for the adoption visas of Lozanos and Reyes.


It added that Sheila May de la Cruz, one of the hurt passengers, said that taxi driver Deogracias Fajardo, 60 insisted on crossing the railroad tracks despite an incoming train. Report also said that de la Cruz had told Fajardo not to cross the tracks, but the driver ignored her. The driver of the taxi is already in police custody for the investi- gation and for possible filing of criminal charges.


JOVEE MARIE N. DELA CRUZ


the prosecution was not able to prove that he was an Abu Sayyaf member. Also the warrant of arrest that they served on Allan Almoite was under the name of “a certain Ali.” However, nowhere in the said war- rant of arrest did the name of Allan appear nor was there any descrip- tion pointing to him. The Regional Trial Court of


Valenzuela City cleared Almoite of the charges and ordered the Valenzuela City jail warden to re- lease him immediately in 2008. Varano also claimed that Almoite after he was released was never the same and his relatives observed that there were times he was staring blankly and not talking for hours.


DOE to see feasibility of using nuclear energy


THE government will conduct a feasibility study on the safety standards on nuclear power next year as it weighs whether or not to push through with the con- troversial technology. Jose Rene Almendras, De- partment of Energy (DOE) sec- retary, said that the depart- ment has allocated P100 mil- lion for studies on nuclear power development. “We will get it from our own budget. It is part of the budget that we submitted to Con- gress,” he said.


The Energy department has been laying the groundwork for studies on the potential of nuclear power to secure the country’s long-term power re- quirements.


Compared with other con-


ventional power plants, nuclear power facilities produce cheap electricity and a secure supply at that because of the longer time it takes to deplete its fuel. But because of opposition


from various environmental and cause-oriented groups, govern- ment has not put up a firm stand on whether or not to develop nuclear power.


The Energy chief said that the study to be conducted on nu- clear power is part of the coun- try’s commitment to the Associa- tion of Southeast Asian Nations (Asean) to come up with com- mon safety standards.


“The DOE will be taking the lead [on the conduct of the study]. But we will be work- ing with all government agen- cies and Asean counterparts,” he said.


Based on the Asean ministe- rial agreement, the regional block come up with terms of ref- erence on nuclear energy safety standards within the next 18 months to 24 months.


Despite the commitment, Almendras said that this does not mean that the government has given nuclear power the green light, especially with new technologies coming out. “Nuclear is shifting to smaller more package-sized facility. You’re really looking at 10 years down the line. It’s going to take a while, we’re not saying we’re going to go there, we’re saying we need to understand the new technology,” he said.


EUAN PAULO C. AÑONUEVO


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