Perdices a good faith liar

While recognizing that indeed mayor Agustin lied under oath, the city prosecutors deaclared these lies were in good faith.
This was the gist of the resolution of the city prosecutors owhich dismissed the perjury charge filed by newspaper columnist Mercedarius Dindo P. Generoso agasint the city mayor.
According to the city prosecutors, the lies made by Perdices were not deliberate.
However, Dindo Generoso said he will seek a reconsdieration of the resolution dismising the perjury charge because the evidence is very clear that Perdices dliberate lied under oath.
Mercedarius Dindo P. Generoso yesterday said he will seek a review of the resolution of the city prosecutors’ office dismissing his two- count complaint of perjury against city Mayor Agustin R. Perdices.
Generoso said despite the dismissal of his perjury complaint, he feels vindicated because the resolution confirmed that mayor Perdices is a liar, and that Perdices lied under oath.
Perdices did not dispute the lies attributed to him.
Perdices was shown to have lied by stating under oath that Dindo is an Australian; that Dindo cannot be found in Dumaguete; that Dindo is not residing in the Philippines.
Perdices used these lies in court, and even sought a preliminary attachment against Dindo’s property in Dumaguete City.
The city prosecutors dismissed the perjury complaint because according to them, Perdices merely lied “in good faith.”
However, Generoso said that the evidence clearly shows that Perdices deliberately lied.
For this reason Generoso said he will ask the city prosecutors to reconsider their resolution, which he was able to get a copy only yesterday.

Half baked resolution
Generoso said he found the prosecutors’ resolution unusual, odd, and half-baked despite the fact that it ostensibly was reviewed by four city prosecutors, namely 4th assistant city prosecutor Leonardo E. Mandahoyan, 3rd assistant city prosecutor Alvin A. Aseniero, 2nd assistant city prosecutor Joseph Arnel M. Zerna, and approved by city prosecutor Adrian C. Borromeo.
Generoso said he found the resolution unusual because it had to be reviewed by four prosecutors.
Despite this supposedly thorough review, the resolution failed to address all the issues raised in his complaint.
For instance, Generoso observed the city prosecutors apparently forgot there were two counts of perjury filed against Perdices.
Perdices already knew about and realized the sworn lies he had made in his first sworn statement, Generoso stressed.
Yet, even already knowing he lied under oath, Perdices still persisted and made a subsequent sworn statement repeating the same lies he made in his previous sworn statement, Generoso added.
“How can that be good faith?” Generoso asked.
Curiously, the resolution which supposedly underwent “thorough review” was eerily silent on this issue, Generoso observed.
Generoso also noted that he and Perdices met here in Dumaguete several times.
Generoso even submitted to the prosecutors photographs evidencing Perdices and himself together.
Yet, the prosecutors still believed Perdices’ claim he was acting in “good faith” when he lied under oath that Generoso cannot be found in the Philippines.
Again, the silence in the resolution on this matter was deafening, Generoso said.
Generoso also expressed disbelief, and amusement in the resolution which stated: “It is generally given that Filipinos who lived abroad (with the exception of overseas contract workers living among others, in the Middle East and in Hongkong) are perceived as having obtained the citizenship of the country where they reside.”
This is absolutely without factual and legal basis, Generoso said.
“This funny statement in the resolution brings dishonor to our great political leaders who had lived abroad but yet maintained their dignity and sense of patriotism by remaining to be Filipino citizens,” Generoso said.
These political leaders who lived abroad include the late President Manuel L. Quezon, Jovito Salonga, Ninoy Aquino, Corazon Aquino (former President), former Senator Heherson Alvarez, the Lopezes of ABS-CBN, Senator Mar Roxas, Senator Noynoy Aquino, to name a few.
“And there are many, many more ordinary Filipinos who reside abroad but did not naturalize,” Generoso said.
“It was amusing to read the resolution which associated living abroad with citizenship change,” Generoso said.
The legal process of naturalization is a complicated, difficult process. It is not even automatic. It cannot be assumed, Generoso added.
One is not naturalized in a foreign country just because he lives there, Generoso maintained.
Yet, the prosecutors, learned men in the law, believed the preposterous if not ridiculous statements of a mayor Perdices, Generoso said.

Upset reactor

A reader who was visibly upset over my latest blogpost, reveals an apparent ugly political bickering within the Pacquiao circle.
Well, where there is money, there is politics. and vice-versa.
Unfortunately, the reactor did not get what the post was really about.
He or she thought it was about Pacquiao.
Anyway, here is the raction, and my comment to the reaction:

Its pathetic for who ever started this stupid rumor... I know these people.. most of those that are involved with Pacquiao here in Los Angeles. I think I have an idea on who's the LOSER that started this story... its out of JEALOUSY for the couple for what they have accomplished earning Manny;s trust and therefore they are more favored. I just hope people aren't too naive to go believing "alleged" news that a certain sad individual has spread. Just because some one claims something does not make it a fact.

I SUGGEST YOU TALK TO MANNY TO GET THE REAL STORY!!!! LET HEAR IT FROM HIM.

Jay's response:

I don't think Pacquiao will grant me an interview, as he is now probably too busy for me.
But you missed the point of the blogpost.
It wasn't about Pacquiao.
It is about incidents involving banks that negligently allow the encashment of forged checks.
It just so happened that it was Pacquiao's checking account that was involved, and it naturally caused a stir.
But there have been many Supreme Court decisions treating the liability, responsibility or culpability of banks that encash forged checks.
The point is, it is the bank's responsibility.
That is why Wells Fargo was all too willing to refund Pacquiao.
Unfortunately, at times when it involves lesser known account holders, banks don't usually come so easy in admitting liability.
It even has to reach the courts.
In any event, I am not really interested in the politics and the bickerings within Manny Pacquiao's inner circle.
I just enjoy watching him fight in the ring.

Widen probe of Pacquiao swindling

I agree with moves of Los Angeles law enforcement authorities to widen the probe of the swindling of Filipino boxer Manny Pacquiao.
Pacquiao apparently was duped of more than US$150,000 by the second wife of his driver, identified as Pia Quijada.
The story is that Pacquiao opened a checking account at Wells Fargo and used the addresses of the spouses Quijada.
Over time, Quijada made unauthorized withdrawals of the Pacquiao funds by issuing checks with forged Pacquiao signatures.
The investigation, naturally focused on the beneficiary of the forgery, Pia Quijada, who has reportedly confessed and has asked for forgiveness from Pacquiao.
But I think the investigation should not stop there.
The question now is, how could this withdrawal be made possible without the participation of people from within the bank.
In the Philippines, when one opens a checking account, the bank as standard procedure, requires the account holder to make several specimen signatures in what they call "sig-cards" or signature cards.
This sig-cards are used by bank employees/telles for comparison, in the event checks are issued by the account holder.
When the bank receives checks issued by the account holder, the teller immiadately gets the sig-cards from a filing cabinet and compare the signatures.
In short, it is the responsibility of the bank to ensure the checks are not forged.
If the bank allows the withdrawal, and later on the signature turns out to be forged, that is the responsibility of the bank.
At the very least, negligence can be attributed on the bank.
But is it only negligence, or did it amount to conspiracy?
That is the question.
It is therefore no surprise that Wells Fargo is offering to refund Manny Pacquiao of the money withdrawn without his authority.
That is only proper.
It is a good thing that the person swindled was a celebrity.
If it were an ordinary account holder, would the bank readily make the refund?

What is on Neri's mind?

Many are puzzled why Romulo Neri refuses to "choose the light," and instead continues to align himself with the "dark side".

Neri is known to be incorruptible.

Other see him as an upright person.

But he, with the assistance of the powers in government, seems to be moving heaven and earth in order evade testifying in the Senate, unlike what his friend Rodolfo "Jun" Lozada did.

At this point, many people think Neri is the final nail that will seal the coffin of the Gloria Macapagal-Arroyo government.

It is in Neri's lips where the Filipino people will know what the President had told him, or instructed him, that paved the way for the signing of the scandalous multi-million dollar ZTE loan last year in China.

For me, what I really want to know from Romulo Neri is: What was that million-dollar factor that changed the NBN project from Build-Operate-Transfer (B.O.T.) scheme to a China loan?

Only the President (not Abalos) has that power to convert a B.O.T. (National Broadband Network) project into a loan monumentally onerous to the Filipino people.

Neri continues to refuse to reveal his conversations with the President, and instead invokes executive privilege.

Executive privilege was what former U.S. President Richard Nixon unsuccessfully invoked when he tried to cover-up the infamous Watergate scandal that led to the downfall of his administration.

But there is now a written piece, arributed to Jun Lozada, circulated in the internet.

This writing purportedly was written by Jun Lozada and given to a friend Enteng Romano.

Romano then did not find much use of the Lozada piece, until Lozada spilled the beans in the Senate recently.

The piece, attributed to Jun Lozada, seeks to explain why Romulo Neri won't testify in the Senate.

It also seeks to squeeze out some of the things on Neri's mind.

Here is the link: http://www.tingog.com/government/what-is-neri-afraid-to-say-and-why.html

Neg. Or. IBP hosts lawyers convention

The IBP WESTERN VISAYAS REGION under the leadership of Atty. Raymund J.A. Mercado, the incumbent IBP Governor for Western Visayas Region and the Negros Oriental Chapter headed by Atty. Samsodin Tahir will be hosting the IBP WESTERN VISAYAS REGIONAL CONVENTION AND MANDATORY CONTINUING LEGAL EDUCATION [MCLE] on March 6,7 and 8, 2008 at the Negros Oriental Convention Center here in Dumaguete City.
The affair will be attended by at least 400 lawyer - delegates from the Romblon, Guimaras, Antique, Capiz, Kalibo, Iloilo, Bacolod, Dumaguete and Siquijor. The theme of the convention and MCLE is “Raising the bar of the BAR: A Call to Excellence in the Practice of the Legal Profession”.
Among the topics relevant to the times that will be discussed during the MCLE will be as follows:

1. Writ of Amparo
2. Updates in Legal Ethics
3. Enhancing Negotiating Skills for Lawyers
4. Media & Lawyers
5. Oral Argument before the Court Of Appeals
6. Updates in Criminal Law
7. Relevant Special Laws on Land Registration Law
8. Energy, Environment & the Law

The keynote speaker is Sen. Kiko Pangilinan, while the other speakers are: Mayor Tuting Perdices, Cong. George Arnaiz, Gov. Dodo Macias, Sen. Mar Roxas and Sen. Dick Gordon. The registration fee for the three – day affair which includes meals, fellowship and kits is PHP4,000.00. Payment can be made at the IBP Neg. Or. Office at the Hall of Justice, Piapi, Dumaguete City.

Queries can be made too at 422-1572 thru the IBP Secretary Elsie Malayo.