REPUBLIC OF THE PHILIPPPINES OFFICE OF THE OMBUDSMAN Agham Road, Diliman Quezon City SHAMAH BULANGIS, KARLA MICHELLE OLMEDILLA YU, ANDREI KRISTIAN BUENDIA, ANNA MARIE MERCALDI, MA ANA FATIMA TOLENTINO, NIKKI MASIBAY NICOLAS, JULIE-ANN KRIS CORRIDOR, RAE EMMANUEL ECHAVERIA and JONNA FELIZ CAJAYON ROLDAN Complainants, - versus -
Case No. _________________ For: Violation of Republic Act No. 6713 (“An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees, to Uphold the TimeHonored Principle of Public Office Being a Public Trust, Granting Incentives and Rewards for Exemplary Service, Enumerating Prohibited Acts and Transactions and Providing Penalties for Violations Thereof and for Other Purposes”)
VITALIANO AGUIRE II, in his capacity as the Secretary of the Department of Justice, Respondent. x---------------------------------------------x
JOINT COMPLAINT-AFFIDAVIT We, complainants SHAMAH BULANGIS, KARLA MICHELLE OLMEDILLA YU, ANDREI KRISTIAN BUENDIA, ANNA MARIE MERCALDI, MA ANA FATIMA TOLENTINO, NIKKI MASIBAY NICOLAS, JULIE-ANN KRIS CORRIDOR, RAE EMMANUEL ECHAVERIA and JONNA FELIZ CAJAYON ROLDAN (collectively, the “complainants”), Filipinos, all of legal age, and with address at Metro
Manila, after having been sworn in accordance with law, hereby depose and state: SUBJECT INDEX I.
STATEMENT OF THE CASE
II.
PARTIES
III.
STATEMENT OF FACTS
IV.
ISSUES
V.
ARGUMENTS
VI.
DISCUSSION
VII. CONCLUSION AND PRAYER I. STATEMENT OF THE CASE This is a verified complaint against Respondent, incumbent Secretary of the Department of Justice, upon the grounds mentioned below. This complaint is filed pursuant to the provisions of Republic Act No. 6770 otherwise known as The Ombudsman Act of 1989 and Section 12, Article XI of the Philippine Constitution. II. PARTIES 1. Complainants are Filipino citizens, all of legal age, and residents of Metro Manila. 2. Respondent Secretary Vitaliano Aguirre II is the incumbent Secretary of the Department of Justice and may be served with summons and other processes of this body at the Department of Justice, Padre Faura Street Ermita, Manila. III. STATEMENT OF FACTS 1. On June 7, 2017, in a press conference, Respondent made it appear that Senators Bam Aquino, Antonio Trillanes as well as Magdalo Representative Gary Alejano and former Aquino administration political
adviser Ronald Llamas were connected to the recent Marawi crisis.1 Specifically he made the following remarks: “Sina Senator Bam Aquino, hindi naman… sinasabi ko lang, na he went to Marawi on April 24 and April 28 and they stayed. They had a meeting at Lake View Resort Hotel on May 2. Present were Senator Aquino, Ronald Llamas, Alejano, Trillanes, and some clans doon sa Marawi, mga Moro family,” [Translation: Senator Bam Aquino, I’m just saying, he went to Marawi on April 24 and April 28 and they stayed. They had a meeting at Lake View Resort Hotel on May 2. Present were senator Aquino, Ronald Llamas, Alejano, Trillanes, and some clans in Marawi, Moro families.] "Hindi ko malaman why after they went there, nagkagulo na after about two weeks," he said. [Translation: I don't understand why after they went there, there was mayhem after two weeks.] Respondent added, "Hindi ko alam, basta ang sinabi sa akin, they met with several families there, kasama mga Lucman, kasama family ng Alonto, but I don’t want to connect it, unless there is evidence doon sa money taken, seized," referring to the millions in cash and checks recovered by the Philippine Marines in a Marawi home on June 6. [Translation: I don't know, they just told me they met with several families there, with the Lucman, the Alonto Family, but I don't want to connect it, unless there is evidence with the money taken, seized.] [Annex “A”]. 2. Moreover, during the press conference, Respondent showed a picture [Annex “B”] of some of the individuals he mentioned allegedly meeting in Marawi City to support his allegations.2 3. Respondent said he will push for a probe on the connection of the lawmakers' meeting to the terror incident in Marawi City, possibly by intelligence and security agencies.3 1
http://cnnphilippines.com/news/2017/06/07/justice-secretary-vs-opposition-senators.html Annex A Last Accessed July 3, 2017 2 http://cnnphilippines.com/news/2017/06/07/justice-secretary-vs-opposition-senators.html; http://news.abscbn.com/news/06/09/17/aguirre-denies-releasing-photo-of-marawi-meeting Annex B Last Accessed July 3, 2017 3 http://cnnphilippines.com/news/2017/06/07/justice-secretary-vs-opposition-senators.html Annex A Last Accessed July 3, 2017
4. Following the press release, Senators Trillanes and Aquino called the Respondent out for making false and slanderous accusations that they were connected to the Marawi crisis or any terrorist plot to destabilize the administration. 5. On June 7, 2017, Senator Aquino issued a press release that belied Respondent’s accusations: “Is fake news enough for the head of our country's Department of Justice to make these outrageous allegations? To be clear, there was never any meeting among the individuals mentioned by Sec. Aguirre. On May 2, 2017, I was the PUP commencement speaker at the PICC and attended the session at the Philippine Senate. My trip to Marawi was on May 19, 2017 to launch the first Negosyo Center in the ARMM and I had with me an AFP escort throughout my trip, which can easily be verified through the AFP. Vice Gov. Bombit Adiong, B/Gen. Rolando Joselito Bautista and Gen. Nixon Fortes were also with me during the event. DTI Sec. Mon Lopez has already publicly clarified and confirmed that I was in Marawi City for the Negosyo Center launch. These are easily verifiable for anyone who cares to find the truth. It would be prudent for Sec. Aguirre to clarify dates, seek evidence and request for official statements from legitimate government agencies before he makes yet another false accusation. This tragedy could have been an opportunity to unite the Philippines against a common enemy. Instead, it's being used to further political interests and further divide our country” [Annex A]. 6. Department of Trade and Industry Secretary Ramon M. Lopez confirmed Senator Aquino’s statements in an official advisory [Annex C] on the latter’s visit to Marawi: “The Department of Trade and Industry (DTI) would just like to state the fact that Sen. Bam Aquino, along with our stakeholders in the military, the business sector and the local government,
were in Marawi to attend the launch of ARMM’s first Negosyo Center in Marawi, the 508th Negosyo Center in the country. Sen. Bam is the author of the Go Negosyo Law that directed the DTI to establish Negosyo Centers in all municipalities, to give micro and small entrepreneurs access to entrepreneurship education, mentorship, money and market. It is unfortunate that his visit is now the subject of false news and reports. We call on our countrymen, during this time in crisis, not resort to spreading lies and conspiracies as these may worsen the situation.”4 7. On June 7, 2017, Senator Trillanes issued a press release that likewise negated Respondent’s accusations: “For the record, I am not involved in any way with the Maute group or the Marawi incident. Sec. Lorenzana said so himself. I also did not have any meeting in Marawi in May 2 since I haven't visited Marawi for the past 3 years. But don't take my word for it, simply check the Senate records for May 2. The incompetence of Aguirre is only matched by his stupidity. I would advise him to avoid getting his intel from facebook conspiracy theorists” [Annex D].5 8. On June 7, 2017, the same day after issuing a statement at a press conference [Annex “A”], Respondent claimed that the media misquoted him, and stated, "The said meeting never took place and no member of both families ever met with Senator [Antonio] Trillanes, Congressman [Gary] Alejano and [former Presidential Adviser on Political Affairs] Ronald Llamas…" "What I said was that there were reports that some opposition senators and leaders who went to Marawi to recruit local politicians and warlords to destabilize the Duterte administration" [Annex E].6 9. Respondent also denied releasing the photo of an alleged meeting of opposition leaders and stated, “I did not give, release or send to 4
http://www.dti.gov.ph/media/advisories/10586-dti-advisory-on-sen-bam-aquino-s-visit-to-marawi Annex C Last Accessed July 3, 2017 5 http://www.senate.gov.ph/press_release/2017/0607_trillanes1.asp Annex D Last Accessed July 3, 2017 6 http://www.gmanetwork.com/news/news/nation/613633/aguirre-now-says-no-meeting-between-senatorsand-mindnao-clans-before-marawi-siege/story/ Annex E Last Accessed July 3, 2017
anyone any picture of any Marawi meeting. The picture of an alleged meeting allegedly taken in 2015 did not (sic) from me” [Annex B].7 10. However, several media groups exposed the falsity in Respondent’s accusations. Specifically, the National Union of Journalists of the Philippines (NUJP) called out Respondent for blaming the media for his false claim linking opposition lawmakers to the Marawi siege.8 In a statement released by the NUJP, they said: "We, the media will not be the scapegoats as you try to weasel your way out of your latest bout of foot-in-mouth disease…"9 "There was no misquotation. Your words were recorded on video and audio. So, no, you are not passing the buck on to reporters who did what they are supposed to do – accurately report your official acts and pronouncements" [Annex G].10 "It is bad enough that you have shown no qualms about throwing the law, the truth and justice out the window in your headlong rush to persecute – sorry, prosecute – perceived foes of the administration. But trying to blame others for your blunders unmasks you as a mean-spirited coward." [Annex F].11 11. Members of the Justice and Court Reporters Association (JUCRA Press Corps) also released the following remarks in response to Respondent’s statements: "As recorded in our videos and voice recorders and even in our Facebook Live coverages, we quoted Secretary Aguirre verbatim and only reported the facts to our viewers and readers — including the fact that he showed a photo from his mobile phone supposedly showing the meeting between the senators and Muslim clans in Marawi last May 2." "As responsible journalists, we also took the opportunity to perform our duty of verifying and counterchecking the information and photo that the Secretary has presented during the briefing, and found that several details and information were wrong…" 7
http://news.abs-cbn.com/news/06/09/17/aguirre-denies-releasing-photo-of-marawi-meeting Annex B Last Accessed July 3, 2017 8 http://www.rappler.com/nation/172439-nujp-aguirre-media-not-scapegoat-fake-news Annex F Last Accessed July 3, 2017 9 http://www.philstar.com:8080/headlines/2017/06/08/1708213/media-groups-dispute-aguirres-claim-hewas-misquoted-marawi-meeting Annex G Last Accessed July 3, 2017 10 Id. 11 http://www.rappler.com/nation/172439-nujp-aguirre-media-not-scapegoat-fake-news Annex F Last Accessed July 3, 2017
"We remain committed to our role as a watchdog, especially in these times when 'fake news' have been spreading in social media and the truth is becoming scarce" [Annex G].12 12. It was later discovered that the copy of the photo [Annex H] Respondent presented appeared in Zamboanga Vice Governor Ace Cerilles’ Facebook post on June 7, 2015 [Annex H] at the Iloilo Airport, not in 2017 as Respondent made it appear;13 13. On June 8, 2017, contrary to Respondent’s earlier statements denying having made statements tying politicians and two family clans to the Marawi siege, Respondent simply stated that he was “confused” with all the intel he was receiving.14 14. This is not the first time that Respondent has released unverified and unsubstantiated statements that turned out to be false. 15. In February 2017, Respondent ordered the National Bureau of Investigation to look into a claim made by Lalaine Madrigal Martinez [hereinafter “Lalaine”], wife of one of the inmates who testified against Senator Leila de Lima [hereinafter “Senator De Lima”], that she was ambushed, despite Makati Police Chief Senior Superintendent Dionisio Bartolome stating that an alleged ambush never happened.15 16. Further, Respondent wrongfully alleged that former senator Jamby Madrigal was the cousin of Lalaine and that the former senator attempted to bribe Lalaine to convince the inmates to recant their testimonies against Senator De Lima.16 Despite the revelation that former senator Jamby Madrigal was not related to Lalaine, nor had they ever met, Respondent never offered an apology.17 17. On February 23, 2017, the South Korean Embassy criticized Respondent for alleging that some embassy officials had been compromised by the Korean mafia and that the latter was involved in the killing of South Korean businessman Jee Ick Joo – despite “consistent confirmations” by the 12
http://www.philstar.com:8080/headlines/2017/06/08/1708213/media-groups-dispute-aguirres-claim-hewas-misquoted-marawi-meeting Annex G Last Accessed July 3, 2017 13 http://www.rappler.com/newsbreak/fact-check/172262-aguirre-aquino-trillanes-llamas-alejano-factcheck-marawi-crisis Annex H Last Accessed July 3, 2017 14 personal communication, June 07, 2017 15 http://www.rappler.com/newsbreak/inside-track/162492-aguirre-fake-news-makati-ambush-tryinvestigation Annex I Last Accessed July 3, 2017 16 http://www.rappler.com/newsbreak/inside-track/162492-aguirre-fake-news-makati-ambush-tryinvestigation Annex I Last Accessed Ju;ly 3, 2017 17 http://www.rappler.com/newsbreak/inside-track/162492-aguirre-fake-news-makati-ambush-tryinvestigation Annex I Last Accessed July 3, 2017
Philippine National Police that the case “had nothing to do with [the] Korean mafia” [Annex I]. 18. Respondent’s performance as Secretary of Justice is objectionable or otherwise reprehensible and his continued repeated actions are unbecoming as a public officer and constitute a gross or palpable error in the appreciation of facts, and contrary to his duty to uphold the rule of law and promote an effective, efficient and equitable administration of justice18 in violation of Republic Act No. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees [hereinafter “Republic Act 6713”], and the Philippine Constitution. IV. ISSUES I.
Whether or not the Respondent’s actions violate Republic Act 6713; and
II.
Whether or not Respondent’s actions warrant removal from office. V. ARGUMENTS
18
I.
RESPONDENT VIOLATED SECTION 4 OF REPUBLIC ACT 6713 WHEN HE REPEATEDLY MADE UNSUBSTANTIATED PUBLIC ACCUSATIONS AND ALLEGATIONS THUS FAILING TO DISCHARGE HIS DUTIES WITH THE HIGHEST DEGREE OF EXCELLENCE, PROFESSIONALISM, INTELLIGENCE AND SKILL;
II.
RESPONDENT VIOLATED SECTION 1 OF ARTICLE XI OF THE PHILIPPINE CONSTITUTION WHEN HE REFUSED TO TAKE RESPONSIBILITY FOR HIS ACTIONS AS SECRETARY OF JUSTICE DESPITE PUBLICLY MAKING FALSE AND MISLEADING ACCUSATIONS AND ALLEGATIONS.
https://www.doj.gov.ph/vision-mission-and-mandate.html Annex J Last Accessed July 4, 2017
VI. DISCUSSION I.
Respondent Violated Section 4 Of Republic Act 6713 When He Repeatedly Made Unsubstantiated Public Accusations And Allegations Thus Failing To Discharge His Duties With The Highest Degree Of Excellence, Professionalism, Intelligence And Skill.
1. As alter ego of the president, Respondent holds one of the most powerful and influential public offices in the Philippines. By the very nature of his duties, Respondent must faithfully adhere to and hold sacred the constitutional principle that public office is a public trust, and must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency.19 2. Jurisprudence further elucidates the duty of a public officer in that upon taking an oath of office, Respondent bound himself to faithfully perform the duties of the office and use reasonable skill and diligence, and to act primarily for the benefit of the public.20 3. In contrast, Respondent failed to use even reasonable skill and diligence when he accused several individuals including politicians of sparking the Marawi siege and meeting to discuss plans to destabilize the government. According to jurisprudence, in the discharge of duties, a public officer is to use that prudence, caution, and attention which careful persons use in the management of their affairs.21 4. In the present case, Respondent made serious allegations that warranted careful scrutiny over the facts and evidence at hand. However, Respondent instead resorted to an unverified Facebook photo [Annex H] as part of his evidence to publicly insinuate that certain individuals has terrorist connections to groups in Marawi. 5. Further, Respondent’s flip-flopping statements regarding his accusations cast doubt as to his competence as Justice Secretary when the three public officials he accused claimed that their whereabouts were easily verifiable though public records.
19
Galero v. Court of Appeals, G.R. 151121, July 21, 2008. Farolan v. Solmac Marketing Corporation, G.R. No. 83589, March 13, 1991. 21 Atty. Vicente E. Salumbides v. Office of the Ombudsman, G.R. No. 180917, April 23, 2010. 20
6. Moreover, Respondent’s three previous occasions where it was shown that he publicly made unverified accusations [Annex I] despite evidence to the contrary indicate that Respondent grossly neglected his duty as Justice Secretary. In Civil Service Commission v. Rabang, gross neglect of duty or gross negligence refers to negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences, insofar as other persons may be affected.22 Gross neglect, in cases of public officials, is such neglect from the gravity of the case, or the frequency of instances, becomes so serious in its character as to endanger or threaten the public welfare.23 The term does not necessarily include willful neglect or intentional official wrongdoing.24 7. As can be seen from the facts presented, Respondent, in at least four separate instances, made unverified and misleading accusations in a highly public manner to the detriment of the reputations of those he accused. His role as Justice Secretary wields great influence on the public, especially with the proliferation of social media, thus making his statements all the more influential and impact. Nonetheless, Respondent continues to fail to fulfill his duty to uphold the justice system and afford persons with due process of law when he made criminal accusations without verified evidence to support his claim. His most recent accusations implicated politicians, all conveniently belonging to the minority bloc, in playing a role in the Marawi siege and terrorist plots to destabilize the administration, which according to the Human Security Act, carries a penalty of up to forty years imprisonment.25 8. Respondent thus in inadvertently contributing to the “fake news” epidemic that has already been subject to two Senate hearings.26 According to one scholar, “fake news may be as old as news itself but the viral deceptions mutating on the internet are affecting the institutions that inform our democracy.27 9. Respondent’s fault however, does not end at skirting his duties as Justice Secretary and misleading the public with his outright lies. His refusal to publicly apologize for his actions amount to conduct unbecoming of a public officer and clearly indicate his lack of probity, and accountability.
22
Civil Service Commission v. Rabang, G.R. No. 167763, March 14, 2008. Report on the Alleged Spurious Bailbonds and Release Orders Issued by the RTC, Br. 27, Sta. Cruz, Laguna, A.M. No. 04-6-332-RTC, April 5, 2006. 24 Id. 25 An Act to Secure the State and Protect Our People From Terrorism, Republic Act No. 9372, Section 4 (2007). 26 P.S. Res No. 315, March 7, 2017; P.S. Res No. 271, January 18, 2017. 27 Samuel Hughes, When Lies Go Viral, PENNSYLVANIA GAZETTE, 2017, p. 50. 23
II.
Respondent Violated Section 1 Of Article Xi Of The Philippine Constitution When He Refused To Take Responsibility For His Actions As Secretary Of Justice Despite Making False And Misleading Accusations And Allegations.
10. Respondent’s propensity to make unsubstantiated and even fabricated accusations render him unfit for public office since continued actions erode public trust in government and more particularly in our justice system. As an activist watchman,28 the Ombudsman should enforce her broad powers and utilize her full administrative disciplinary authority over Respondent. 11. When an officer or employee is disciplined, the object sought is not the punishment of such officer or employee but the improvement of the public service and the preservation of the public’s faith and confidence in the government.29 12. In addition, it is settled that the Ombudsman has the power to directly impose administrative penalties, including removal from office30 and that misconduct, misfeasance, or malfeasance warranting removal from office of an officer must have direct relation to and be connected with the performance of official duties amounting either to maladministration or willful, intentional neglect and failure to discharge the duties of the office.31 13. Here, Respondent grossly neglected his duties and has made a mockery of the justice system where perceived foes are publicly persecuted rather than properly investigated and prosecuted. Moreover, Respondent has either tried to pass the blame on the media or has outright refused to take responsibility for his actions. VII. CONCLUSION AND PRAYER As head of the Department of Justice, Respondent falls short of the exacting standards required of a public office and thus must no less be removed from office in order to preserve the image of the justice system and restore the public’s trust in government. 28
Office of the Ombudsman vs. Masing, G.R. No. 165416, January 22, 2008. Bautista vs. Negado, G.R. No. L-14319, May 26, 1960. 30 Office of the Ombudsman v. Nellie R. Apolonio, G.R. No. 165132, March 7, 2012. 31 Manuel v. Judge Calimag, Jr., 367 Phil. 162, 166 (1999). 29
WHEREFORE, it is most respectfully prayed that this complaint after evaluation, be given due course and that Respondent be removed from office. Other reliefs that are just and equitable under the premises are likewise prayed for. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___ 2017. SHAMAH BULANGIS
KARLA MICHELLE OLMEDILLA YU
ANDREI KRISTIAN BUENDIA
ANNA MARIE MERCALDI
MA ANA FATIMA TOLENTINO
NIKKI MASIBAY NICOLAS
JULIE-ANN KRIS CORRIDOR
RAE EMMANUEL ECHAVERIA
JONNA FELIZ CAJAYON ROLDAN SUBSCRIBED AND SWORN to before me this ____ day of ____ 2017 affiant being personally known to me and exhibiting their valid and acceptable IDs as follows: NAME Shamah Bulangis Karla Michelle Olmedilla Yu Andrei Kristian Buendia Anna Marie Mercaldi Ma Ana Fatima Tolentino Nikki Masibay Nicolas Julie-Ann Kris Corridor Rae Emmanuel Echaveria Jonna Feliz Cajayon Roldan Doc. No.: _________; Page No.: _________; Book No.: _________;
ID NO.
ISSUING AGENCY
Series of 2017. Republic of the Philippines) Quezon City, Metro Manila ) S.S. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING We, SHAMAH BULANGIS, KARLA MICHELLE OLMEDILLA YU, ANDREI KRISTIAN BUENDIA, ANNA MARIE MERCALDI, MA ANA FATIMA TOLENTINO, NIKKI MASIBAY NICOLAS, JULIE-ANN KRIS CORRIDOR, RAE EMMANUEL ECHAVERIA and JONNA FELIZ CAJAYON ROLDAN, Filipinos, all of legal age, with address at Metro Manila, after having been duly sworn in accordance with law, depose and state that: 1. 2. Affidavit.
We are the complainants in the instant case. We caused the preparation of the instant Joint Compliant-
3. We have read the contents of the instant Joint CompliantAffidavit and the facts stated therein are true and correct based on our personal knowledge and/or based on authentic records. 4. We have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 5. To the best of our knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency. 6. If any of us should hereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, we undertake to report that fact within five days therefrom to this Honorable Court.
SHAMAH BULANGIS
KARLA MICHELLE OLMEDILLA YU
ANDREI KRISTIAN BUENDIA
ANNA MARIE MERCALDI
MA ANA FATIMA TOLENTINO
NIKKI MASIBAY NICOLAS
JULIE-ANN KRIS CORRIDOR
RAE EMMANUEL ECHAVERIA
JONNA FELIZ CAJAYON ROLDAN SUBSCRIBED AND SWORN to before me this ____ day of ____ 2017 affiant being personally known to me and exhibiting their valid and acceptable IDs as follows: NAME Shamah Bulangis Karla Michelle Olmedilla Yu Andrei Kristian Buendia Anna Marie Mercaldi Ma Ana Fatima Tolentino Nikki Masibay Nicolas Julie-Ann Kris Corridor Rae Emmanuel Echaveria Jonna Feliz Cajayon Roldan Doc. No.: _________; Page No.: _________; Book No.: _________; Series of 2017.
ID NO.
ISSUING AGENCY
Annex A: http://cnnphilippines.com/news/2017/06/07/justice-secretary-vs-opposition-senators.html
Justice Secretary tags opposition senators to Marawi crisis, Resorts World attack By Chad de Guzman, CNN Philippines Updated 16:21 PM PHT Tue, June 13, 2017
Highlights
• • • • •
Justice Secretary Aguirre tagged Senators Aquino and Trillanes in Marawi crisis Aguirre retracted his allegations, saying he was misquoted by the press Aguirre showed a photo to support his claims but the photo was taken in 2015, not 2017 Aguirre said De Lima is responsible for PEZA's jurisdiction over Resorts World Manila's fire safety permits De Lima says jurisdiction is supported by law
Metro Manila (CNN Philippines, June 7) — Justice Secretary Vitaliano Aguirre II tagged opposition senators Bam Aquino, Antonio Trillanes and Leila de Lima in the recent Marawi crisis and Resorts World Manila attacks. Aguirre said Aquino and Trillanes were with Magdalo Representative Gary Alejano and former Aquino administration presidential political adviser Ronald Llamas to meet with the Alonto and Lucman clan in Marawi weeks before the crisis broke out. “Sina Senator Bam Aquino, hindi naman… sinasabi ko lang, na he went to Marawi on April 24 and April 28 and they stayed. They had a meeting at Lake View Resort Hotel on May 2. Present were Senator Aquino, Ronald Llamas, Alejano, Trillanes, and some clans doon sa Marawi, mga Moro family,” Aguirre said in press briefing Thursday. [Translation: Senator Bam Aquino, I’m just saying, he went to Marawi on April 24 and April 28 and they stayed. They had a meeting at Lake View Resort Hotel on May 2. Present were senator Aquino, Ronald Llamas, Alejano, Trillanes, and some clans in Marawi, Moro families.]
"Hindi ko malaman why after they went there, nagkagulo na after about two weeks," he said. [Translation: I don't understand why after they went there, there was mayhem after two weeks.] Aguirre added, "Hindi ko alam, basta ang sinabi sa akin, they met with several families there, kasama mga Lucman, kasama family ng Alonto, but I don’t want to connect it, unless there is evidence doon sa money taken, seized," referring to the millions in cash and checks recovered by the Philippine Marines in a Marawi home on June 6. [Translation: I don't know, they just told me they met with several families there, with the Lucman, the Alonto Family, but I don't want to connect it, unless there is evidence with the money taken, seized.] He believes the terror incident could be part of a destabilization plot. During his press conference, Aguirre showed a photo on his phone to reporters to support his allegations. “Ito ‘yung picture nila [This is their picture],” Aguirre said, before hiding his phone. But later on in the day, Aguirre immediately retracted his remarks, stating the media misquoted him. "What I said was that there were reports that some opposition senators and leaders who went to Marawi to recruit local politicians and warlords to destabilize the Duterte administration," he said in a statement. Aguirre also apologized to the Alonto and Lucman families for his confusion. A copy of the photo Aguirre presented appeared in Zamboanga Vice Governor Ace Cerilles’ Facebook post on June 7, stating that the photo was taken in 2015 at the Iloilo Airport, not in 2017. The photo was of Cerilles, Llamas, Trillanes, Alejano, and former Pampanga Governor Mark Lapid. Aquino was not in the photo, as well as members of the Lucman and Alonto families.
Aquino, Trillanes: Aguirre is lying The opposition senators called out Aguirre's remarks, calling them false accusations. Senator Aquino issued a statement Wednesday clarifying that there was no meeting with the people mentioned by Aguirre. He added that instead of uniting the country against a common enemy, the attacks are used for political interests. "It would be prudent for Secretary Aguirre to clarify dates, seek evidence and request for official statements from legitimate government agencies before he makes yet another false accusation," his statement read. Senator Trillanes, who also denied being in Marawi for the past three years, said to simply check the Senate records for May 2. "The incompetence of Aguirre is only matched by his stupidity. I would advise him to avoid getting his intel from facebook conspiracy theorists," Trillanes said in a statement. Liberal Party Chairperson Senator Kiko Pangilinan reacted to Aguirre's statements, saying Trade Secretary Ramon Lopez, Defense Secretary Delfin Lorenzana, and National Security Adviser Hermogenes Esperon already denied that the situation in Marawi City has links to the Liberal Party. "This is pure nonsense and this is the nth time Secretary Aguirre has come up with baseless accusations linking LP to destabilization efforts," he said in a statement. The Department of Trade and Industry (DTI) previously explained Aquino's trip to Marawi City was for the launch of a Negosyo Center. Ifugao Representative Teddy Baguilat said Aguirre's claims are only betraying his own conspiracy to justify jailing opposition figures. "I'm not a lawyer but somebody should seriously study filing a case against Aguirre for being a fabricator of dangerous lies," Baguilat said in a text message. Aguirre said he will push for a probe on the connection of the lawmakers' meeting to the terror incident in Marawi City, possibly by intelligence and security agencies.
"I'm going to talk to with my asset, with the informer who was there at the meeting," he said.
Aguirre attacks De Lima Meanwhile, Aguirre also issued a legal opinion reversing that of his predecessor Senator De Lima allowing the Philippine Economic Zone Authority (PEZA) to enforce fire safety hazards in hotels. PEZA issued the Fire Safety Permit and Building Permit for Resorts World Manila. But Aguirre claimed only the Bureau of Fire and Protection has authority to enforce the fire code. Aguirre said PEZA's jurisdiction over the casino is due to the 2014 legal opinion issued by De Lima. "Because of that grievous mistake, talagang malaking pagkakamali, hindi na-enforce properly nitong Resorts World ang pagpapatupad ng Fire Code of the Philippines," he said. [Translation: Because of that grievous mistake, a very big mistake, Resorts World was not able to enforce the Fire Code of the Philippines.] But de Lima rebutted Aguirre, saying her legal opinion as then Justice Secretary was affirmed by the PEZA law or Republic Act 7916. De Lima added that the reversal of her legal opinion could be a categorical violation of the law. "The proper legal options are clear. Either amend RA 7916 that gave PEZA authority in the enforcement of fire safety and prevention regulations in Special Economic Zones, or ensure PEZA's capability to perform its mandated function as specified by Congress in said law," she said. De Lima said Aguirre should just do his job and stop blaming her. CNN Philippines' Correspondents AC Nicholls, Joyce Ilas and Cecille Lardizabal contributed to this report. This story was updated on June 13, 2017, 3:50 p.m. to include direct quotes from Justice Secretary Aguirre.
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Aguirre denies releasing photo of Marawi meeting ABS-CBN News Posted at Jun 09 2017 09:05 AM
Two days after showing a photo of an alleged meeting of opposition leaders in Marawi, Justice Secretary Vitaliano Aguirre on Friday denied releasing any photo of any Marawi meeting. "I did not give, release or send to anyone any picture of any Marawi meeting. The picture of an alleged meeting allegedly taken in 2015 did not (sic) from me," he said in a text message. It was the latest about-face from the justice secretary after he linked Senators Antonio Trillanes and Bam Aquino, Magdalo Party-list Representative Gary Alejano, and Ronald Llamas, political adviser of former president Benigno Aquino III to an alleged meeting with the Alonto and Lucman clans on May 2, three weeks before the Maute attacks in Marawi. Minority lawmakers accused by Aguirre have already denied attending any May 2 meeting in Marawi. •
Minority senators hit Aguirre's 'fake news' on Marawi meeting
Aguirre earlier said the May 2 meeting could have "sparked terroristic acts" in the city. “Hindi ko malaman why after they went there, nagkagulo na after two weeks. They met with the people there, they met with several families there,” he said. He also claimed that he had a photo as a proof of the meeting, which turned out to be an image taken on Sept. 4, 2015 at the Iloilo International Airport. •
LOOK: Aguirre's 'evidence' to link minority lawmakers in Marawi crisis a 2015 photo
Zamboanga del Sur Vice Governor Ace Cerilles, who posted the original photo, said in a Facebook post that the photo was taken 2 years ago. "I have said, this picture was taken Sept. 4, 2015 at Iloilo International Airport when I attended the League of the Municipalities of the Philippines Visayas Conference as the National Treasurer. I don't know why they are trying to link this to the #MarawiSiege. Check your facts!" he said. Aguirre later claimed he was misquoted but apologized only to the Alonto and Lucman families. "To the Alonto and Lucman families, my sincere apologies for any confusion about this issue," he said.
"There was no intent on my part to implicate the Alonto and Lucman families in the crisis Marawi City is currently facing. Both families have never been and shall never be a part of any plot to destroy or cause harm to anybody or any property," he added. On Friday, he said Senator Aquino did not attend an alleged meeting of opposition leaders on May 2 but was present in Marawi last May 19. "Upon further verification, I was able to establish that Sen. Bam Aquino went to Marawi City on May 19, 2017 upon invitation of Gov. Soraya Alonto-Adiong to promote the Go Negosyo Program . He was not present in the alleged meeting of opposition leaders said to have been held in Marawi City on May 2, 2017," he said. Several lawmakers are now pushing for a congressional hearing to compel Aguirre to explain why he wrongly implicated some members of the political opposition in the Marawi siege. Former senator Rene Saguisag noted: "Hindi likas na masama yang si Vit. Pero nabarkada e. Kaya iyon, napakasinungaling na rin."
Š 2017 ABS-CBN Corporation. All Rights
Annex C http://www.dti.gov.ph/media/advisories/10586-dti-advisory-on-sen-bam-aquino-s-visitto-marawi
Philippine Standard Time Tuesday, July 04, 2017, 9:13:41 PM • • • • • • • • •
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DTI ADVISORY ON SEN. BAM AQUINO'S VISIT TO MARAWI inShare
Our attention was called today that misinformation is spreading about Sen. Bam Aquino’s recent visit to Marawi. The Department of Trade and Industry (DTI) would just like to state the fact that Sen. Bam Aquino, along with our stakeholders in the military, the business sector and the local government, were in Marawi to attend the launch of ARMM’s first Negosyo Center in Marawi, the 508th Negosyo Center in the country. Sen. Bam is the author of the Go Negosyo Law that directed the DTI to establish Negosyo Centers in all municipalities, to give micro and small entrepreneurs access to entrepreneurship education, mentorship, money and market. It is unfortunate that his visit is now the subject of false news and reports. We call on our countrymen, during this time in crisis, not resort to spreading lies and conspiracies as these may worsen the situation. This government is a partner to all individuals and institutions that help improve lives and bring prosperity to all Filipinos. Sen. Bam has been our partner in empowering the micro, small and medium enterprise (MSME) sector for years, from his time as a social entrepreneur until he was elected senator. We must unite for our country and against our common enemies. All our thoughts and prayers are with our men in uniform and our countrymen in Mindanao
Annex D http://www.senate.gov.ph/press_release/2017/0607_trillanes1.asp
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Press Release June 7, 2017 0
Statement of Senator Trillanes on Aguirre's Malicious Accusations Linking Him in the Marawi Siege For the record, I am not involved in any way with the Maute group or the Marawi incident. Sec. Lorenzana said so himself. I also did not have any meeting in Marawi in May 2 since I haven't visited Marawi for the past 3 years. But don't take my word for it, simply check the Senate records for May 2. The incompetence of Aguirre is only matched by his stupidity. I would advise him to avoid getting his intel from facebook conspiracy theorists.
Š Senate of the Philippines. All rights reserved.
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Annex E http://www.gmanetwork.com/news/news/nation/613633/aguirre-now-says-no-meeting-between-senatorsand-mindnao-clans-before-marawi-siege/story/
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MISQUOTED, HE SAYS
Aguirre now says no meeting between senators and Mindanao clans before Marawi siege Published June 7, 2017 8:14pm Updated June 7, 2017 10:03pm By VIRGIL LOPEZ, GMA News
Justice Secretary Vitaliano Aguirre II clarified on Wednesday that he did not mean to implicate the Alonto and Lucman political families in the ongoing armed conflict in Marawi City caused by attacks of the extremist Maute group. "[T]here was no intent on my part to implicate the Alonto and Lucman families in the crisis Marawi City is currently facing. Both families have never been and shall never be a part of any plot to destroy or cause harm to anybody or any property," Aguirre said in a statement. He also denied reports that there was a meeting between the two families and some opposition personalities prior to the Marawi seige on May 23. "The said meeting never took place and no member of both families ever met with Senator [Antonio] Trillanes, Congressman [Gary] Alejano and [former Presidential Adviser on Political Affairs] Ronald Llamas," Aguirre said. Aguirre claimed he was misquoted by the media. "What I said was that there were reports that some opposition senators and leaders went to Marawi to recruit local politicians and warlords to destabilize the Duterte administration," Aguirre said. "I never said that they were successful in recruiting any local politicians and warlords. To the Alonto and Lucman families, my sincere apologies for any confusion about this issue," he added.
Audio and video recordings of the press briefing on Wednesday morning show that Aguirre mentioned that Senator Paolo Benigno "Bam" Aquino IV, Trillanes, Alejano and Llamas met with "some clans" in Marawi on May 2 at the Lake View Resort Hotel. "Present were Senator Aquino, Ronald Llamas, Alejano, Trillanes and some clans doon sa Marawi. Mga Moro family. So hindi ko malaman why after they went there, nagkagulo na after about two weeks," Aguirre said. Asked to clarify his statement, Aguirre said: "They met with the people there. Basta ang sinabi sa akin, they met with several families there, kasama mga Lucman, kasama family ng Alonto." "But I don't want to connect it [the meeting to Marawi siege] unless there's evidence dun sa money taken [or] seized," Aguirre said, referring to the P79 million in cash and checks recovered by the military from a stronghold of the Maute group in Marawi City. Trillanes, Aquino and Alejano have already denied that such a meeting occurred. Aquino even said Aguirre fell victim to "fake news" while Alejano called the Cabinet official "peddler of lies and prosecutor of the people." —NB/BM, GMA News
Annex F http://www.rappler.com/nation/172439-nujp-aguirre-media-not-scapegoat-fake-news •
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NUJP to Aguirre: Media won't be scapegoats for your 'lies' '
Trying to blame others for your blunders unmasks you as a mean-spirited coward,' the National Union of Journalists of the Philippines tells Justice Secretary Vitaliano Aguirre II Rappler.com Published 11:36 AM, June 09, 2017 Updated 3:05 PM, June 09, 2017
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UNDER FIRE. Justice Secretary Vitaliano Aguirre II is under fire from media for claiming he was misquoted on reports that he linked opposition lawmakers to the Marawi siege. File photo by Ben Nabong/Rappler
MANILA, Philippines – The National Union of Journalists of the Philippines (NUJP) called out Justice Secretary Vitaliano Aguirre II for blaming media for his false claim linking opposition lawmakers to the Marawi siege. "No, Mr Justice Secretary Vitaliano Aguirre II, we, the media, will not be the scapegoats as you try to weasel your way out of your latest bout of foot-in-mouth disease," the NUJP said in a statement on Thursday, June 8. Aguirre came under fire after he alleged in a news briefing that several opposition lawmakers went to Marawi City prior to the siege, and even met with prominent families there. This, he claimed, might have had something to do with the clashes and a destabilization plot against President Rodrigo Duterte. The lawmakers – Senator Paolo Benigno Aquino IV, Senator Antonio Trillanes IV, and Magdalo Representative Gary Alejano – denied the allegation and provided documentary evidence to prove where they were on May 2, the date they supposedly had a meeting at the Lake View Resort Hotel with the prominent clans in Marawi. The justice chief later withdrew his claim, saying he was just "misquoted" by the media. He had personally apologized to Aquino, who demanded a public apology from the Cabinet official. In response, the NUJP said: "There was no misquotation. Your words were recorded on video and audio. So, no, you are not passing the buck on to reporters who did what they are supposed to do – accurately report your official acts and pronouncements." "It is bad enough that you have shown no qualms about throwing the law, the truth and justice out the window in your headlong rush to persecute – sorry, prosecute – perceived foes of the administration. But trying to blame others for your blunders unmasks you as a mean-spirited coward," it added.
Fight vs fake news Journalists covering the Department of Justice and the judiciary also released a statement saying they "take exception" to Aguirre's claim that they had "misquoted" him. Members of the Justice and Court Reporters Association (JUCRA Press Corps) cited videos and audio recordings of the interview also captured in their respective Facebook Live coverages. They also pointed out that in doing their job as responsible journalists, they verified and counterchecked the information from Aguirre and found his claims to be false. (READ: FACT CHECK: Aguirre uses old photo to tag opposition lawmakers in Marawi crisis) "As responsible journalists, we also took the opportunity to perform our duty of verifying and counterchecking the information and photo that the Secretary has presented during the briefing, and found that several details and information were wrong," they said. "We remain committed to our role as a watchdog, especially in these times when 'fake news' have been spreading in social media and the truth is becoming scarce," the JUCRA Press Corps added.
On Friday morning, June 9, Aguirre denied that he ever released the controversial photo to the media. (READ: Aguirre denies releasing 'Marawi meeting' photo)
Administration 'clown' In a statement from her detention cell in Camp Crame on Friday, detained Senator Leila de Lima said, "Aguirre's reputation as the clown of this administration has been further solidified with his bungling accusation linking members of the opposition to the Maute siege of Marawi." The senator, who is facing drug charges for her alleged involvement in the Bilibid drug trade when she was justice secretary, said Aguirre's latest claim "is part of the fake news campaign where the people will no longer be able to determine truth from fiction." "The truth is whatever's now manipulated by Duterte's cabal and their social media operation....Fortunately, so far not every garbage churned out by Aguirre and Malacañang's propaganda machine is successful in deceiving our people," she added. The claim against opposition lawmakers is Aguirre's latest allegation made in public that turned out to be unverified. In February, he alleged that the supposed ambush attempt on the wife of a convict who had testified against De Lima in the House probe into the Bilibid drug trade was part of an attempt to destabilize the Duterte administration. Security officials brushed aside the claim. In that claim, he implicated former senator Jamby Madrigal, whom he alleged tried to pay off Bilibid inmates to reverse their testimonies against De Lima; and his and the President's own party mate at PDP-Laban, Biñan City Representative Marlyn Alonte. Both categorically denied the allegation. (READ: Does Justice Secretary Aguirre believe in fake news?) – Rappler.com Filed under:Antonio Trillanes IVBam AquinoDOJDepartment of JusticeDuterte CabinetGary AlejanoJUCRA Press CorpsJamby MadrigalJustice and Court Reporters AssociationLeila de LimaMarawi siegeMarlyn AlonteNational Union of Journalists of the PhilippinesPaolo Benigno Aquino IVVitaliano Aguirre IIfact check Aguirrefake newsNUJP Show 7 Comments
Annex G http://www.philstar.com:8080/headlines/2017/06/08/1708213/media-groups-disputeaguirres-claim-he-was-misquoted-marawi-meeting Skip to main content
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Media groups dispute Aguirre's claim he was misquoted on 'Marawi meeting' (philstar.com) | Updated June 8, 2017 - 10:05pm 0
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Justice Secretary Aguirre claims to have been misquoted despite video and audio recordings of him at a briefing on Wednesday. Philstar.com/Efigenio Toledo IV, file MANILA, Philippines — Journalists covering the Justice department on Thursday took exception to Secretary Vitaliano Aguirre II's claim that he was misquoted in reports about his linking opposition lawmakers to the Marawi crisis. "As recorded in our videos and voice recorders and even in our Facebook Live coverages, we quoted Secretary Aguirre verbatim and only reported the facts to our viewers and readers — including the fact that he showed a photo from his mobile phone supposedly showing the
meeting between the senators and Muslim clans in Marawi last May 2," the Justice and Court Reporters Association said in a statement. Aguirre said on Wednesday that he would have a supposed May 2 meeting in Marawi between Sen. Bam Aquino, Sen. Antonio Trillanes IV, Magdalo party-list Rep. Gary Alejano and former presidential adviser Ronald Llamas investigated for potential ties to the clashes that began on May 23. Aquino and Trillanes were in Manila on that day and attended the session at the Senate, according to Senate attendance records. Aquino also spoke before graduating students of the Polytechnic University of the Philippines that day. Rep. Alejano, meanwhile, said that he attended a press conference and the plenary session at the House of Representatives on May 2. Aguirre later claimed that he had been misquoted and that he did not intend to implicate the Lucman and Alonto clans in the Marawi crisis. Nevertheless, video footage of the briefing showed the Justice secretary mentioning the clans without prompting from reporters. "As responsible journalists, we also took the opportunity to perform our duty of verifying [and] counterchecking the information and photo that the secretary presented during the briefing, and found that several details and information were wrong," JUCRA said, referring to a photo of Trillanes, Alejano and Llamas at the Iloilo airport in 2015 that Aguirre showed on his mobile phone. "We remain committed to our role as a watchdog, especially in these times when 'fake news' have been spreading in social media and the truth is becoming scarce," the group added.
NUJP: There was no misquotation The National Union of Journalists of the Philippines also cried foul at Aguirre's claim of being misquoted. "We, the media will not be the scapegoats as you try to weasel your way out of your latest bout of foot-in-mouth disease," NUJP said in a statement on Thursday, the same day that Aguirre reportedly denied even showing the photo to reporters. "You lie when you claim you were 'misquoted' when you lied about the fictitious meeting between opposition politicians and prominent Marawi clans that you then attempted to portray as a prelude to the continuing battle between government forces and extremist gunmen," it also said. "There was no misquotation. Your words were recorded on video and audio," the group said, adding "trying to blame others for your blunders unmasks you as a mean-spirited coward." NUJP took Presidential Communications Secretary Martin Andanar to task for saying in January that the media had been misreporting President Rodrigo Duterte's remarks about declaring martial law. It also called out Andanar in February for vaguely implying that reporters who covered a press conference at the Senate by alleged Davao Death Squad member Arthur Lascaùas had been offered bribes of as much as $1,000. He later explained that he did not say reporters accepted the bribes and then said that, having grown up in Mindanao, he is not very fluent in Filipino. The Palace said earlier Thursday that Aguirre still has the full trust of President Rodrigo Duterte and that the Justice secretary has been doing an excellent job. Presidential Spokesman Ernesto Abella made clear, however, that the Palace did not make the claim, "so please stand by our claim that we give accurate reports." Abella said he believes Aguirre is "fully aware of what he needs to do and how to address the matter." — Jonathan de Santos
Annex H http://www.rappler.com/newsbreak/fact-check/172262-aguirre-aquino-trillanes-llamas-alejano-fact-checkmarawi-crisis
FACT-CHECK: Aguirre uses old photo to tag opposition lawmakers in Marawi crisis The photo of the alleged plotters turns out to have been taken in 2015 at the Iloilo Airport, and not weeks before the Maute crisis erupted Lian Buan and Carmela Fonbuena Published 6:15 PM, June 07, 2017 Updated 6:19 PM, June 07, 2017
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OLD PHOTO. Justice Secretary Vitaliano Aguirre II shows this 2015 photo to reporters on June 7, 2017 as he tags Senator Antonio Trillanes IV, Magdalo Representative Gary Alejano and former Aquino administration political adviser Ronald Llamas as having been to Marawi before the crisis erupted. Photo from Facebook
MANILA, Philippines – In the thick of war in Marawi, Justice Secretary Vitaliano Aguirre on Wednesday, June 7, stirred a hornet's nest. He insinuated to reporters in Manila that opposition lawmakers Senator Benigno “Bam” Aquino IV, Senator Antonio Trillanes IV, and Magdalo Reprsentative Gary Alejano may have had something to do with the attack of terrorist groups in the city. Fighting broke out on May 23 when the military launched a surgical strike in Barangay Basak Malutlut against "high value targets" belonging to the Abu Sayyaf and Maute terror groups. “Hindi ko malaman (I don’t know) why after they went there, nagkagulo na (chaos ensued) after two weeks,” Aguirre said. Aguirre alleged they met with political clans here – the Alontos and the Lucmans – who currently rule the province. This turned out to be false. Aquino was linked to the Marawi clash because of his presence there before the crisis. Fake news blogs speculated he met with Maute rebels. The Department of Trade and Industry (DTI) quickly issued a clarification saying Senator Aquino was in Marawi City on May 19 to attend the launch of ARMM’s first Negosyo Center in the city. Aquino is the author of the Go Negosyo Law. In a press conference with reporters Wednesday, Aguirre tagged Aquino and included Trillanes, Alejano, and former presidential political adviser Ronald Llamas who, he said, were all in Marawi days before the crisis. "Because sina Senator Bam Aquino, hindi naman, sinasabi ko lang, ano, na he went to Marawi on April 24 and April 28 and they stayed, they had a meeting at Lake View Resort Hotel on May 2. Present were Senator Aquino, Ronald Llamas, Alejano, Trillanes, and some clans doon sa Marawi, mga Moro family," Aguirre said. (Because Senator Bam Aquino, I'm not saying, all I'm saying is that he went to Marawi on April 24 and April 28 and they stayed, they had a meeting at Lake View Resort Hotel on May 2. Present were Senator Aquino, Ronald Llamas, Alejano, Trillanes and some clans in Marawi, Moro families.)
Old photo Aguirre tried to show a photo from his phone of a group of men including Trillanes, Alejano and Llamas but quickly hid it before reporters and camera crew could take a snapshot. The photo he showed was that of Trillanes, Alejano, Llamas, Mark Lapid and Zamboanga del Sur Vice Govenor Ace William Ceriles posing for a photo at a coffee shop. The photo was posted on May 13 by a Facebook page supportive of President Rodrigo Duterte. Cerilles, however, confirmed to Rappler that the photo was taken in 2015 at the Iloilo Airport. He posted the same photo on his Facebook account on September 4, 2015.
2015 PHOTO FROM ILOILO. The photo Aguirre showed the media on June 7, 2017 is a photo taken in September 2015 at the Iloilo Airport of Zamboanga del Sur Vice Governor Ace Cerilles, Senator Antonio Trillanes IV, Mark Lapid, Ronald Llamas and Magdalo Representative Gary Alejano. Photo screenshot from Vice Governor Cerilles' Facebook page
"Ito yung picture nila (This is their picture)," Aguirre teased as he tried to show the photo to reporters then said, "Huwag muna! (Not yet!)" before he hid his phone. In a statement issued on Wednesday, Aquino said, "It would be prudent for Secretary Aguirre to clarify dates, seek evidence and request for official statements from legitimate government agencies before he makes yet another false accusation." Aquino attended the Go Negosyo Event on May 19 with Zia Alonto Adiong, spokesman of the provincial crisis management committee in Marawi, and Mamintal Alonto Adiong Jr, the vice governor of Lanao del Sur. Adiong Jr was the Liberal Party candidate in the 2016 vice gubernatorial race in Lanao del Sur. "Vice Gov. Adiong, Gen. [Rolando Joselito] Bautista and Gen. [Nixon] Fortes were also with me during the event. These are easily verifiable for anyone who cares to find the truth," Aquino said.
Trillanes, for his part, said he has not been back to Marawi City recently. "I also did not have any meeting in Marawi on May 2 since I haven't visited Marawi for the past 3 years. But don't take my word for it, simply check the Senate records for May 2." A visibly irked Trillanes also said, "The incompetence of Aguirre is only matched by his stupidity. I would advise him to avoid getting his intel from Facebook conspiracy theorists." Llamas, for his part, told Rappler he was in the US on May 2. "They can easily check that with the Immigration, which is under the Department of Justice," Llamas said. Alejano said House records would show he was giving a press conference and attended the plenary session at the lower chamber on May 2. He added it's also been years since he visited Marawi City. "This is a complete lie fabricated by no less than a secretary of justice who should be the first one to uphold truth in pursuit of justice in this country. He has become a purveyor of anything that is fake, a peddler of lies and a persecutor of people who do not agree with the policies of the Duterte administration," Alejano said.
Aguirre's words During his press conference, Aguirre was asked about his directive to the National Bureau of Investigation (NBI) about the P52 million cold cash found by the military in a house previously controlled by the Mautes. After saying it may not be necessary for the NBI to investigate the matter, with the military and the police already handling the issue, Aguirre continued that the money could have been placed there to mislead. When he was asked what he meant by the statement, Aguirre mentioned the opposition lawmakers' supposed presence in Marawi two weeks before the crisis broke out. Pressed to elaborate, Aguirre said he didn't "want to connect it" nor "speculate" but still proceeded to say that the lawmakers met with influential clans in Marawi which could have sparked or triggered the crisis. "Hindi ko alam, basta ang sinabi sa akin, they met with several families there, kasama mga Lucman, kasama family ng Alonto, but I don’t want to connect it, unless there is evidence doon sa money taken, seized," Aguirre said. (I don't know, what I was told is that they met with several families there, including the Lucmans, the family of Alonto, but I don't want to connect it, unless there is evidence from the money taken and seized.)
Controversy in Marawi In Marawi City, the local politicians were shocked when the news reached them. Adiong Jr immediately called a press conference to respond to the allegations. But as they prepared a statement, Aguirre apparently called Lanao Del Sur Vice Governor Mamintal Alonto Adiong Jr to take back his wild claims.
“At 1:02 pm today, Secretary Aguirre called me up and said his statements were misquoted by the press. With that, ladies and gentlemen, I hope this clears the issue once and for all,” Adiong declared. Still, the controversy compelled Adiong to present detailed activities during Aquino’s visit – including a breakfast at Jollibee – in a bid to prove that no such meeting took place. – with reports from Camille Elemia/Rappler.com Filed under:Antonio Trillanes IVBam AquinoDOJDTI Go Negosyo eventGary AlejanoMagdalo Party ListMamintal Alonto Adiong JrMarawi crisisRonald LlamasVitaliano Aguirre II Show 25 Comments
Annex I http://www.rappler.com/newsbreak/inside-track/162492-aguirre-fake-news-makati-ambush-tryinvestigation
Does Justice Secretary Aguirre believe in fake news? Aguirre seems set to hold the record for a Philippine justice chief with the most number of 'unsubstantiated' public pronouncements at a given time Rappler.com Published 6:00 PM, February 25, 2017 Updated 1:14 AM, February 26, 2017
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JUSTICE CHIEF. Justice Secretary Vitaliano Aguirre II. Photo by Ben Nabong/Rappler
What does Justice Secretary Vitaliano Aguirre II do with information that he believes to be true, but authorities have dismissed as otherwise? He stands by it. Even after the Makati Police chief, Senior Superintendent Dionisio Bartolome, said that the alleged ambush try on a drug convict's wife did not happen, Aguirre ordered the
National Bureau of Investigation (NBI) to look into the claim made by Lalaine Madrigal Martinez. "The claim of an ambush by Lalaine Madrigal-Martinez is a serious matter. As Justice Secretary, I take such report, especially by the supposed victim, seriously. I will be remiss in my duty if I did not take it seriously," Aguirre said in a statement on Saturday, February 25. "That is why I have tasked the NBI to get to the bottom of this. We will come out with a statement after the NBI has finished with its ongoing investigation of the supposed ambush on Lalaine Madrigal-Martinez. I would rather be serious than lax in the discharge of my functions," he added. In an interview with radio dzMM on Friday, February 24, Aguirre broke the story that Lalaine's car was attacked in Makati. Lalaine is the wife of Noel Martinez, one of the inmates who testified against Senator Leila de Lima in the House probe into the New Bilibid Prison drug trade when De Lima was justice chief.
Noel is among the 8 inmates transferred to the Armed Forces of the Philippines Custodial Center from the NBP before they testified at the congressional inquiry. They reportedly received perks there in exchange for their cooperation with the justice department on the De Lima cases. (READ: FACT CHECK: Did Aguirre reward inmates who testified against De Lima?)
Mum on Madrigal, Alonte Curiously, the Cabinet official's statement did not address another matter that reporters had asked him through text messages since Friday: the flat-out denials of the two people he alleged to be behind a supposed bribery attempt on inmates. Under the supposed plan, the inmates were offered an astonishing P100 million to recant their testimonies against De Lima, which would supposedly fuel the destabilization of the Duterte administration. They are former senator Jamby Madrigal, a member of the Liberal Party; and Aguirre's own party mate at the ruling PDP-Laban, Biùan City Representative Marlyn Alonte. Aguirre alleged that Madrigal is a "cousin" of Lalaine, and that the former senator tried to facilitate the bribe to make the inmates recant their testimonies against De Lima through her "relative." Madrigal, an LP member, said she hoped that Aguirre "isn't losing his marbles" since he leads a very important office. And if he validated his information, he would have found out that Lalaine is not related to her at all and neither have they met. She demanded an apology from Aguirre for spreading an "outright lie" against her, and threatened legal action. Though Aguirre didn't order an investigation into the alleged bribery attempt – not yet, anyway – he did not offer any apology to Madrigal either. Alonte, for her part, said she was willing to take a lie detector test to prove her innocence. The former LP member who jumped ship to the party of President Rodrigo Duterte wondered aloud how she could even be suspected of being part of a destabilization plot against the chairman of her own party.
Alonte also said she was willing to submit her phone records for investigation, since Aguirre's sources claimed that the congresswoman used her phone – she even supposedly agreed to activate her phone's speaker – to talk to the inmates. Defense Secretary Delfin Lorenzana and National Security Adviser Hermogenes Esperon Jr have both dismissed reports about a supposed destabilization plot against the very popular Duterte.
'Wrong, unfounded information' That same week, a foreign government called out Aguirre for "wrongly" accusing its embassy staff in Manila of involvement in organized crime. At a Senate inquiry into the death of South Korean businessman Jee Ick Joo, Aguirre said the Korean mafia may be involved in the kidnapping-murder case Jee. Citing information from an unnamed former NBI official, Aguirre said "even some people in the South Korean embassy are already compromised by this Korean mafia." He indicated that he was inclined to believe this, since he was told by some embassy officials to “stop any further investigation” in connection with the "mafia." The South Korean government slammed Aguirre's allegation as "wrong, unfounded and misleading" especially as he did not present evidence to substantiate it. What is the justice secretary thinking? – Rappler.com Inside Track is Rappler's intelligencer on people, events, places and everything of public interest. It's a take-off from Newsbreak's Inside Track section. Contributions are most welcome. Just send bits of information to investigative@rappler.com. Filed under:aguirre statementsattempted briberydepartment of justicedojjamby madrigaljee ick jookorean mafiamarlyn alontesouth koreavitaliano aguirre ii
Annex J https://www.doj.gov.ph/vision-mission-and-mandate.html Sitemap - Email
Vision, Mission, Pledge, Mandate and Functions PAGE LINKS History Ministers and Secretaries Logo Institutional and Strategic Framework Organizational Structure Vision A just and peaceful society anchored on the principles of transparency, accountability, fairness and truth. Mission Effective, efficient and equitable administration of justice. Pledge We undertake to provide every person equal access to justice, to faithfully safeguard constitutional rights and to ensure that no one is deprived of due process of law. Our commitment is to advocate for reforms in partnership with our stakeholders, to simplify processes and re-engineer systems to best serve our constituents. We shall work with honor and integrity for the institution, for God and country. Mandate The Department of Justice (DOJ) derives its mandate primarily from the Administrative Code of 1987 (Executive Order No. 292). It carries out this mandate through the Department Proper and the Department's attached agencies under the direct control and supervision of the Secretary of Justice. Under Executive Order (EO) 292, the DOJ is the government's principal law agency. As such, the DOJ serves as the government's prosecution arm and administers the government's criminal justice system by investigating crimes, prosecuting offenders and overseeing the correctional system. The DOJ, through its offices and constituent/attached agencies, is also the government's legal counsel and representative in litigations and proceedings requiring the services of a lawyer; implements the Philippines' laws on the admission and stay of aliens within its territory; and provides free legal services to indigent and other qualified citizens. Functions 1. Administration of the Criminal Justice System The DOJ investigates the commission of crimes and prosecutes offenders through the National Bureau of Investigation (NBI) and the National Prosecution Service (NPS), respectively. Likewise, the DOJ administers the probation and correction system of the country through the Bureau of Corrections (BuCor), the Board of Pardons and Parole (BPP) and the Parole and Probation Administration (PPA). 2. Legal Counsel of Government The DOJ, through the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC), acts as the legal representative of the Government of the Philippines, its agencies and instrumentalities including government owned and controlled corporations and their subsidiaries, officials and agents in any proceeding, investigation or matter requiring the services of a lawyer. EO 292 specifically designates the Secretary as Attorney-General and ex-officio legal adviser of governmentowned or controlled corporations (GOCC) and their subsidiaries. The Secretary exercises administrative adjudicatory powers over all controversies between/among government agencies, including government owned and controlled corporations including their subsidiaries. This power of adjudication of the Secretary originally stemmed from Presidential Decree No. 242, and is now embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292. The Secretary is likewise empowered to act on all queries and/or requests for legal advice and guidance from private parties and other officials and employees of the government. 3.
Regulation of Immigration The DOJ provides immigration and naturalization regulatory services and implements the laws governing citizenship and the admission and stay of aliens through the Bureau of Immigration (BI). Also, under Administrative Order No. 142 dated August 23, 1994, the Secretary or his duly-authorized representative is authorized to act on immigration matters, including waiver of visas and admission of aliens, except deportation matters.
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Likewise, the DOJ, through the DOJ Refugee Processing Unit (DOJ-RPU), processes applications for refugee status of persons pursuant to the obligations of the Philippines as signatory to the 1951 Convention and 1967 Protocol relating to the Status of Refugees. International Cooperation The DOJ is the central authority of the Republic of the Philippines relative to extradition and mutual legal assistance treaties (MLAT) on criminal matters and is involved in several aspects of international cooperation such as the drafting and implementation of legislation and agreements as well as the negotiation of extradition and MLAT. Moreover, under Philippine Extradition Law (P.D. 1069), the DOJ handles requests for extradition and/or mutual legal assistance and represents treaty partners in Philippine courts. The Department is also involved in the negotiation of various investment and trade agreements with other foreign countries. The Secretary is also the ex-officio Co-Vice Chairman of the Commission on Maritime and Ocean Affairs (CMOA) pursuant to EO 612 and EO 612-A (2007), which is involved in the identification of the Philippine baselines and in the preparation of the submission to the United Nations of the country's claim for extended continental shelf. Provision of Free Legal Assistance The DOJ provides free legal assistance/representation to indigents and poor litigants as well as other qualified persons in criminal, civil, and labor cases, administrative and other quasi-judicial proceedings and noncommercial disputes through the Public Attorney's Office (PAO) pursuant to RA No. 9406. Alternative Dispute Resolution With regard to conciliation and mediation, the Alternative Dispute Resolution Act of 2004 (RA 9285) created the Office for Alternative Dispute Resolution (OADR), which is an agency attached to the DOJ and which is tasked to promote, develop and expand the use of alternative dispute resolution in civil and commercial disputes. DOJ functions under other laws and other executive issuances: In addition to performing its mandate under E.O. 292, the Department is significantly involved in the implementation of the following penal, national security, and social welfare laws:
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The Witness Protection, Security and Benefit Act (R.A. 6981), which mandates the DOJ to formulate and implement a Witness Protection, Security and Benefit Program for the admission and protection of witnesses;
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Implementation of the Victims Compensation Program through the Board of Claims created under the DOJ (RA 7309);
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Administrative Order No. 99 (1988), designated DOJ as lead implementor of Justice System Infrastructure Program (JUSIP) that was tasked to construct/rehabilitate decent office buildings for judges, prosecutors, public attorneys, probation officers, and registers of deeds;
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Executive Order 180 (1987), which created the Public Sector Labor Management Council, of which the Secretary is a member, to provide guidelines for the exercise of the right of government employees to organize;
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The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which created the Dangerous Drugs Board to see to policy-making and strategy-formulation on drug prevention and control and designated the Secretary or his representative as ex-officio member of such Board;
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The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the Anti-Money Laundering Council (AMLC) to which the DOJ is a support agency through the investigation of money laundering offenses and the prosecution of offenders. With the DOJ Anti-Money Laundering Desk (DOJ-AMLD), the DOJ works in close coordination with the AMLC in its task of combating money laundering and financing of terrorism;
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The Human Security Act of 2007 (RA 9372) which created and designated the Secretary as ex-officio member thereof. Relative to this and under EO 292, the Secretary is also an ex-officio member of the National Security Council (NSC), which advises the President with respect to the integration of domestic, foreign, military, political, economic, social, and educational policies relating to national security; The Rape Victim Assistance and Protection Act of 1998 (RA 8505), which mandated the DOJ to participate in inter-agency efforts to establish Rape Crisis Centers in every city or province for the purpose of rendering assistance to rape victims; The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the prosecution of persons accused of human trafficking and for that purpose, created the Inter-Agency Council on Trafficking (IACAT), of which the Secretary is Chairman; The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262), which designated the Department as a member agency of the Inter-Agency Council on Violence Against Women and their Children (IACVAWC), the monitoring body of government initiatives to counter violence against women and children; Executive Order 53 (2011) amending EO No. 275 pursuant to the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA 7610), designating the DOJ Secretary as the Chairperson of the Committee for the Special Protection of Children; Anti-Child Pornography Act of 2009 (IRR of RA), designating the Secretary of Justice as member of InterAgency Council Against Child Pornography that is tasked to coordinate, monitor and oversee the implementation of Anti-Child Pornography Act; Cybercrime Prevention Act of 2012 (RA 10175), the Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition; Executive Order 45 (2011), which designated the DOJ as competition authority that investigates all cases involving violations of competition laws and prosecute violators to prevent, restrain and punish monopolization,
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Administrative Order 35 (2012), which designated the Secretary of Justice as Chairperson of the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave Violations on the Right to Life, Liberty and Security of Persons, the body that undertakes inventory of cases mentioned perpetrated by state and non-state forces; Memorandum Circular No. 68 (2014), creating an Inter-Agency Task Force to Strengthen the Implementation of RA 8049 otherwise known as the Anti-Hazing Law, with the DOJ Secretary as Chairperson. Other tasks falling within the multifarious duties of the executive branch to administer the laws devolve upon the Department through the Secretary, to wit:
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The Anti-Dummy Law (Commonwealth No. 108), as amended by Presidential Decree 715, whereby the Secretary is empowered to authorize the employment of aliens as technical personnel in the management of a franchise, business or enterprise expressly reserved by law to Filipino citizens or corporations or associations whose equity at least 60% of which is owned by Filipinos; The Local Government Code (Section 187 of RA 7160) which vests in the Secretary appellate jurisdiction over the constitutionality or legality of municipal tax ordinances and revenue; measures; Executive Order 643 (2007) which vests the DOJ with administrative supervision over the Presidential Commission on Good Government (PCGG). The Secretary is also an ex-officio member of the Judicial and Bar Council (JBC) [Section 8(1), Article VIII of the 1987 Constitution], the Committee on Privatization [AO 48 (1987)], and the National Water Resources Board (NWRB) (EO 123, series of 2002). He is also an ex-officio director of the Power Sector Assets and Liabilities Management (PSALM) Corporation (RA 9136, otherwise known as Electric Power Industry Reform Act of 2001). Under EO 648, series of 1981, an undersecretary of the DOJ is designated as an ex-officio Commissioner of the Housing and Land Use Regulatory Board (HLURB).