Empowering the marginalized

Bill seeks to correct party-list flaws

By Cynthia Balana

Philippine Daily Inquirer

MANILA, Philippines—A senior member of the House of Representatives has moved to revise the existing party-list system, which he said has defeated the purpose of sectoral representation as provided under the law.

Bohol Rep. Erico B. Aumentado filed House Bill 4091, which seeks to amend Republic Act No. 7941, otherwise known as the “Party-List System Act” in order to strengthen party-list representation.

According to Aumentado, the party-list system aimed to democratize political power in the country by providing marginalized sectors with their own representatives.

However, it has not fully achieved the actual goal of party-list representation as envisioned under RA 7941 because some sectoral parties lack distinctive platforms and fill up their seats with “nominees of convenience.”

“These defeat the purpose of giving voice to marginalized and underrepresented sectors,” Aumentado stressed.

To address the issue, Aumentado’s bill requires party-list groups as well as their nominees to prove solid credentials of their advocacies and involvement in advancing the causes of the sector that they seek to represent.

At the same time, the bill aims to allow more seats for party-list representatives, said Aumentado, chair of the House committee on ethics and privileges.

Formula for allocating seats

Aumentado said the bill provides a formula for allocating seats to any party-list group or coalition that gets at least two percent of the total votes cast for the party-list system.

His formula, however, will allow party-list representation to groups next in rank (even those who get less than the required two percent) until all available seats are distributed, thus attaining the broadest possible representation of marginalized sectors in the legislature, Aumentado said.

The 1987 Constitution provides that party-list representatives shall constitute 20 percent of the total number of congressmen in the House of Representatives.

Aumentado cited several Supreme Court rulings, specifically the case of Banat vs. Comelec, where it says that neither the Constitution nor RA 7941 mandates the filing-up of the entire 20 percent allocation of party-list representatives.

The Supreme Court decision said the Constitution, in a specific provision, left the determination of the number of the House members to Congress but the composition shall not be more than 250 members, unless otherwise fixed by law.

Source: Philippine Daily Inquirer

Man faces P4.1M suit for cancelling wedding

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By Elias O. Baquero

Monday, April 11, 2011

A DOCTOR from Vicente Sotto Memorial Medical Center (VSMMC) is facing a P4.1-million damage suit as a result of an eleventh hour cancellation of a civil wedding with his girlfriend, who is a medical student.

The case, docketed under Civil Case No. LP-11-0032 of the Regional Trial Court (RTC) in Las Piñas, Metro Manila, was filed by the 24-year-old woman against a 28-year-old surgeon at the VSMMC.

SunStar Cebu obtained a copy of the court document, but failed to reach either party for comment.

The woman said they are both from General Santos City and that they had a relationship.

In her affidavit dated March 24, 2011 and sworn to before lawyer Edcel Bolinao, she said the doctor proposed marriage on May 12, 2010, and she accepted his proposal.

They informed their respective families, relatives and friends of their engagement.

Her family was excited.

Pamanhikan

The doctor made the traditional “pamanhikan” on June 27, 2010, attended by their respective families, who celebrated their engagement and discussed the wedding preparations.

The bride-to-be agreed to shoulder the majority of the costs for the wedding as her
family gave the parties the assurance of their all-out-support to give their daughter the “dream wedding” they envisioned.

They then proceeded to meet with wedding suppliers, select wedding sponsors and informed them and the guests about the wedding date, place and time. They booked plane tickets for the wedding guests and sponsors from abroad and other parts of the country.

To prepare them spiritually for a married life, they attended a Pre-Cana seminar and marriage counseling session at the Redemptorist Church in Cebu City last Aug. 1 as per certificate issued by Rev. Fr. Ricky Acero. They applied for a marriage license, which was issued by Gen. Santos City Civil Registrar Isabelita Talizo dated Jan. 3, 2011.

Paid

By December 2010, the woman had already made various payments to wedding suppliers estimated at P500,000.

But she was shocked when told by the doctor through his mobile phone last Jan. 26 that he had doubts about marrying her because of his work and insecurities. Last Jan. 30, he told her that he did not love her anymore.

Thereafter, the doctor sent her a text message informing her that he is calling off their wedding supposedly last March 19.

She was devastated and her entire family was embarrassed and was left to explain to wedding guests and sponsors what happened.

Pursuant to Article 21 of the New Civil Code and related laws and jurisprudence, she prayed for the court to order the doctor to pay her P1 million in actual damages, P2 million as moral damages, P1 million as exemplary damages, and P100,000 as attorney’s fees.

Published in the Sun.Star Cebu newspaper on April 11, 2011.

Bill against ‘dummies’ filed in Senate

 

By Christian V. Esguerra
Philippine Daily Inquirer

MANILA, Philippines—With the Senate investigation into alleged military corruption all but wrapped up, Senator Jose “Jinggoy” Estrada has filed a bill to prevent public officials from amassing ill-gotten wealth and hiding it through “dummies.”

Estrada wants to amend RA 6713—the Code of Conduct and Ethical Standards for Public Officials and Employees—to include the penalty of dismissal for an official “who places any of his or her assets in the name of a dummy.”

To further discourage the illegal practice, Senate Bill No. 2412 prescribes that such a public official be "stopped from claiming any interest and asserting any right of ownership over such asset.”

“Such asset shall be forfeited in favor of the dummy who shall be recognized by law as the actual and real owner of the property,” according to the bill.
“In complying with this constitutional provision under the enabling law Republic Act No. 6713, many public officials complacently submit statements of assets, liabilities and net worth which do not reflect their actual wealth or lifestyle,” Estrada said in the bill’s explanatory note. “Oftentimes this act is intended to hide ill-gotten wealth. The common practice is to place an asset in the name of a dummy, who is usually a close relative of the public official.”

Estrada was at the forefront of the Senate inquiry into alleged military corruption involving retired comptrollers Jacinto Ligot and Carlos Garcia and other top officials.

In the hearings, Ligot’s brother-in-law, Edgardo Yambao, appeared to have been used as a “dummy” who allegedly accumulated at least P300 million in five years, despite having no clear income. Yambao denied the allegation.

Senator Franklin Drilon, who presented documents showing Yambao’s wealth, described him as a “mysterious person.” A deed of sale showed Ligot’s wife Erlinda selling a Taguig City condominium to her brother for P25 million.

Another penalty proposed in Estrada’s bill is the disqualification of a public official from acquiring properties from relatives. The ban will cover relatives within the 10th civil degree of consanguinity or affinity. It will continue in effect within 20 years after the official has left his government post.

“Property acquired in violation of this section shall not vest ownership upon the public official and all his subsequent transactions and dealings on the said property shall be void ab initio (from the beginning),” according to the bill.

“The relative from whom the property comes shall retain all rights of ownership with respect to the property.”

Source: Philippine Daily Inquirer