Cybercrime case vs Rappler weak: IT law expert

MANILA - An information technology law expert on Saturday said online news publication Rappler may not be cited for an alleged violation of the Cybercrime Prevention Act of 2012 for an incident that happened months before it was signed into law.

Lawyer JJ Disini, a University of the Philippines College of Law professor, said a law may not apply on an alleged crime committed before it took effect.

"Ang hirap kasi d'yan, parang gumagawa sila ng batas para may kaso silang mai-file sa Rappler," said Disini said.

"Parang gumagawa sila ng bagong teorya ng batas para ma-filan nila ng case 'yung Rappler. Hindi ganun ka-solid 'yung case nila," said Disini.


On Thursday, the National Bureau of Investigation (NBI) summoned Rappler CEO Maria Ressa and the site's former justice beat reporter Reynaldo Santos Jr. to appear before its Cybercrime Division on Monday.

This as the NBI investigated a complaint filed by Century Peak president Wilfredo Keng against Rappler for an article published in May 2012.

In that article, Rappler reported that Keng allegedly lent a car to the late former Chief Justice Renato Corona. Corona allegedly used the car even while one of Keng's companies supposedly had a pending case in a lower court, the news site reported.

Keng had denied that Corona was using his car.

The complaint invoked provisions of the Cybercrime Prevention Act, which was signed into law on September 22, 2012, months after the publication of the Rappler report that Keng had found offensive.

Disini also cited the prescription period in filing criminal cases.

"Dapat one year lang, di ba? Dapat 2013 siya nag-file," Disini said.

The NBI meanwhile cited the theory of "continuous publication," making Rappler still liable for the crime.

The NBI investigation of Keng's complaint came shortly after the Securities and Exchange Commission revoked Rappler's incorporation papers, citing its alleged violation of foreign ownership regulations under the 1987 Constitution.

Rappler has asserted that it "remains 100-percent Filipino-owned" despite having foreign investors and slammed the SEC ruling as an assault on press freedom.


--With report from Michael Delizo, ABS-CBN News

source: news.abs-cbn.com

Cedric Lee has links to NBI?

MANILA - The National Bureau of Investigation (NBI) will be impartial in its probe into the mauling of ABS-CBN talent Vhong Navarro, assured Justice Secretary Leila De Lima in the wake of reports Cedric Lee, the leader of the group that beat up Navarro, is well-connected, even with the NBI.

In a text message to ABS-CBN News, De Lima said she will look into Lee's reported links to "past and present" NBI officials.

"As in any probe that we undertake, I will make sure that the NBI's probe will be impartial and credible. I will also look into Cedric Lee's alleged connections to certain NBI officials, past or present," De Lima said.

The NBI has initiated an investigation into the incident and has subpoenaed Lee and Deniece Cornejo at 2pm, today, Monday, to its main office in Taft Ave., Manila.

Cornejo is the friend who Navarro visited in her condominium unit on Wednesday night, where the incident took place.

Cornejo and Lee's camp claims Navarro attempted to rape her, which led to the mauling incident.

Navarro, however, denies this, and claims Lee and company merely wanted to extort P1 million from him.

Another mauling incident allegedly involving Lee was reported in 2007, with athlete and TV personality David Bunevacz as the alleged victim.

Lee denied Bunevacz's allegations against him in a sworn statement executed with the NBI, reported entertainment website PEP.PH.

source: www.abs-cbnnews.com

BPO firm in hot water for using pirated software

MANILA, Philippines - Operators of a business processing and outsourcing (BPO) company are facing multiple charges for using pirated software.

The National Bureau of Investigation (NBI), after a surprise inspection, discovered P16 million worth of pirated software from the two offices of John Ernest Connecting Continents (JECC).

The NBI seized 140 computers containing 96 infringing copies of Microsoft Windows XP and 48 infringing copies of Microsoft Office 2007.

“Business operators such as JECC should know that use of unauthorized software or misappropriate information technology in its business operations is already a crime. Especially in the BPO industry where they handle a lot of sensitive data for their clients. They are exposing users to serious malware and virus attacks that can compromise privacy and security,” said Atty. Dante Jacinto, chief of intellectual property rights division of the NBI, in a statement.

The operators of JECC will face criminal prosecution and other possible charges in accordance with the IP Code Republic Act No. 8293.

The NBI also warned that neglecting the possible threats of viruses and spywares brought about by the use of pirated software can be detrimental to the the growth and stability of a business.

“We strongly encourage businesses to cease the use of pirated software. It does not only expose your consumers to harm but, it also subjects you, your technicians and your businesses to numerous risks including loss of property and criminal prosecution,” said Jacinto.

source: www.abs-cbnnews.com

Why some lawmakers may want Napoles killed

MANILA - Some lawmakers involved in the multibillion-peso pork barrel scam may want fugitive businesswoman Janet Lim Napoles killed to silence her, a lawyer said Monday.

Levito Baligod, lawyer of scam whistleblower Benhur Luy, told dzMM that Napoles has documents showing her cash transactions with lawmakers involved in the anomaly that has rocked the nation.

Baligod said it would be better for Napoles to surrender to the National Bueau of Investigation (NBI) for her own safety.

"Mas makakabuti sana kay Ginang Napoles na sumuko na lamang dahil iyung pagtatago niya ay nagdadagdag ng panganib sa buhay niya," he said. "Dahil meron ho kasing libro na hawak si Ginang Napoles na kung saan, nandoon iyung mga transaksiyon o mga napagkasunduan niya na sistema o sharing scheme with legislators."

Baligod said lawmakers involved in the scam do not want their names to come out in public.

"Hindi ako magtataka na iyung mga pulitiko na ito, ay ang magtatangkang hanapin si Ginang Napoles at kung maari huwag na siyang lumantad o kaya medyo mabibigay ng panganib sa buhay niya," he added.

Baligod said Napoles is in danger more than Luy or other whistleblowers.

"Mayroon pong hawak si Ginang Napoles, halimbawa, iyung cash vouchers po. Nandoon iyung mga pirma ng mga legislators. Meron din pirma iyung mga chiefs of staff o representatives ng mga legislators na tumanggap ng pera mula kay Ginang Napoles," he said.

He said the documents, if made public, will be strong evidence to show conspiracy between the businesswoman and some legislators whom he declined to name.

Napoles and her brother brother Reynald "Jojo" Lim went into hiding after a warrant of arrest was issued against them August 15 in connection with Luy's kidnapping and illegal detention.

Makati City Regional Trial Court Branch 150 Judge Elmo Alameda did not recommend bail for the charge of serious illegal detention.

The Court of Appeals, meanwhile, has slapped a freeze order on 514 bank accounts, insurance policies, and credit card accounts owned by Napoles and her associates.

Baligod believes that Napoles and her brother are still somewhere in Metro Manila.

"Meron kasi kaming pinagkukuhanan ng impormasyon. Ayon sa kaniya ay nasa isang building sila. Nakatago sila sa isang building. Iyung mga sasakyan nila, naka-park sa basement ng building na walang ibang may access. Sinasabi din po namin sa otoridad iyung natatanggap naming impormasyon," he added.

Justice Secretary Leila de Lima last week said Napoles is still in the country.

The NBI has looked at a reported credit card transaction made by Napoles from a hotel in Pasig, and has sent agents to Mindanao where she allegedly has properties.

source: www.abs-cbnnews.com

DOJ eyes putting Napoles on Interpol red list

MANILA - Justice Secretary Leila de Lima on Thursday said businesswoman Janet Lim Napoles, the alleged mastermind in the P10 billion pork barrel scam, is still in the country. She said the National Bureau of Investigation is working on putting her on Interpol's red list in case she slips out of the country.

De Lima said there is no indication Napoles has left the country, pointing out the difficulty of doing so since Napoles' passport has been cancelled.

She said the NBI is already pursuing several leads in arresting Napoles. However, the agency is cool to the idea of putting a bounty on Napoles since whatever bounty the government may impose maybe peanuts to Napoles' assets.

"No indication nakalabas. Mahihirapan kasi cancelled passport. NBI working on Interpol red list lalo na cancelled na passport. The NBI continues to have debate kung, debate karamihan sa kanila, di na raw kailangan kung P1 million, P2 million (bounty) peanuts lang sa if we think of the resources of the subject of manhunt," she said.

She also pointed out that some of the most wanted fugitives are still on the loose despite 2-million-peso bounties on their heads.

"As a matter of principle, di rin maganda rin mercenary element. Alam natin gaano kataas interest ng publiko so enraged by this. Umaasa rin kami sa tulong ng sambayanan," she said.

De Lima said the NBI is still preparing the cases and collating the documents that will be used in filing the strongest cases related to the pork barrel scam. She said they can only file cases connected to Napoles since she is the focus of the investigation.

Other cases will have to be filed regarding the bigger scam as uncovered by a recent Commission on Audit report.

"Standing instruction ng Pangulo ay kung ano malalakas na kaso na pwede nang i-file, i-file na ASAP. Now as you know, ang ini-imbestigahan ng NBI are the Napoles components or portions of the PDAF and even the malampaya fund scams. Even before lumabas yung COA special audit report, yun talaga tinutukan ng NBI gawa ng disclosures ng whistle-blowers. So yung Napoles portions lang nalaman sa COA report mas malaki ito di iyan sakop ng NBI," she said.

Number of cases being finalized

The NBI is focusing its investigation on the alleged pork barrel scam as well as the alleged misuse of P900 million in Malampaya funds being linked to Napoles. De Lima said fake non-government organizations being linked to Napoles are also under investigation.

"Kung ilang kaso at ilan kakasuhan namin, yan fina-finalize pa namin. Katulad ng Pangulo, hindi pa namin pwede sabihin kung sino-sino kakasuhan namin other than Napoles," she said.

De Lima said an inter-agency, anti-graft coordinating council has been formed to probe the bigger scam uncovered by COA. The lead office in this council is the Ombudsman.

"'Yan ang tumutututok sa mga large scale , large scale corruption cases at nagkaroon na kami ng initial discussions diyan. Nagka-initial meeting with Ombudsman and COA. Yung sa Napoles component of the scam sa PDAF meron na kaming mga na-identify na mga pwedeng kasuhan pero fina-file, dino-double check namin yan kasi gusto namin masiguro na yung documents andiyan and in fact kino-collate na iyan. Nawala lang 3 days (because of the weather) pero kundi sana nawala 3 days halos tapos na pag-collate ng documentary support."

source: www.abs-cbnnews.com

De Lima to NBI: Proceed with manhunt vs Delfin Lee

MANILA - Justice Secretary Leila de Lima has reminded the National Bureau of Investigation (NBI) to proceed with the manhunt for Globe Asiatique's (GA) Delfin Lee and his co-accused in a syndicate estafa case pending with a Pampanga trial court in connection with P6 billion in alleged questionable loans given to GA buyers by the Home Development Mutual Fund (HDMF or Pag-IBIG Fund).

Speaking to reporters at the Department of Justice (DOJ), De Lima said the non-bailable case against Lee; Cristina Sagun, GA documentation chief; Christina Salagan, former GA documentation dept. head; Atty. Alex Alvarez, Pag-IBIG employee; and Lee's son, Dexter is very much alive.

De Lima cited a recent Supreme Court (SC) temporary restraining order (TRO) on a Court of Appeals (CA) ruling junking the case against Sagun which would have made the number of accused merely 4, or one person short of the minimum requirement of 5 for a syndicated estafa case to prosper.

"I reminded the NBI to proceed with the manhunt for Lee and his co-accused. Wala pa sa kanila nagsu-surface or voluntarily submit to the jurisdiction of the Pampanga RTC. The TRO is meant to enjoin the implementation of the CA decision; since restrained ang CA resolution, the case stays...

"Therefore, there is no legal impediment now on the part of the [Regional Trial Court] Pampanga to proceed with the case of syndicated estafa," De Lima said.

Lee is considered a fugitive from justice. Malacanan has announced a reward of P2 million for any information that may lead to his arrest.

source: www.abs-cbnnews.com

Aman official under NBI custody may become state witness

MANILA, Philippines - The National Bureau of Investigation (NBI) has put an official of Aman Futures Philippines under protective custody.

Justice Secretary Leila de Lima said they are now studying the possibility of making Aman Futures financial manager Maria Donna Coyme a state witness.

Coyme already vowed cooperation with the government probe into the company. In her affidavit, she said she processed about P500 million in investments.

The firm allegedly swindled over P12 billion pesos from investors in Visayas and Mindanao.

source: abs-cbnnews.com

Barramedas, Evangelistas follow up cases

MANILA, Philippines - The families of murder victims Ruby Rose Barrameda and Venson Evangelista sought an audience with Justice Secretary Leila De Lima on Friday to follow up on their respective cases.

Speaking to reporters after the meeting, Ruby Rose's sister, actress Rochelle Barrameda, bared that she, along with her father, Robert, and mother, Asuncion, discussed with De Lima the possibility of having recently captured accused Robert Ponce turn state witness.

Ponce was arrested by operatives of the National Bureau of Investigation (NBI) in Cauayan, Isabela on the strength of a warrant of arrest issued by the Malabon City Regional Trial Court (RTC). He admitted his participation in the crime.

The Department of Justice (DOJ) is now evaluating Ponce's possible discharge as an accused.

"Willing kami mag-state witness siya, kahit ano para sa ikalulutas ng kaso ni Ruby Rose," Rochelle said.

The Barramedas also discussed with De Lima possible remedies against the injunction issued by the Court of Appeals (CA) in February in favor of accused Manuel Jimenez, Jr., Ruby Rose's father-in-law, who petitioned for the inhibition of trial judge Zaldy Docena for his alleged partiality towards the Barramedas.

The Barramedas also asked De Lima to check on the real condition of Jimenez who is in hospital arrest.

"Wala kami way para ma-check siya, baka strategy lang, sakit-sakitan," Rochelle said.

The Barramedas called on authorities to locate and capture accused Lope Jimenez, Manuel, Jr's brother, and his driver, Eric Fernandez. They also urged De Lima to push for the continued detention of Ponce at the NBI headquarters in Manila.

De Lima said the proper manifestation should be made in court requesting for Ponce's continued detention at the NBI headquarters.

Ruby Rose went missing in March 2007. Her body was found on June 10, 2009 stuffed in a cemented drum and dropped off the waters of Navotas City.

Venson Evangelista case

For his part, Venson's father, Arsenio Evangelista, said he talked to the justice secretary to discuss discussed the delays in the trial of his son with the justice chief.

Evangelista lamented the slow pace of the trial, and pointed out that he wanted prosecution witness "Jojo" to finally be presented in court. "Jojo" will reportedly corroborate the testimony of slain state witness Alfred Mendiola on the involvement of the Dominguez carnapping and carjacking syndicate in Venson's murder.

The Evangelistas refuse to put "Jojo" under the DOJ's Witness Protection Program (WPP), following Mendiola's death. Mendiola was under the WPP when he was gunned down.

"Kami na lang mag-sesecure sa kanya ("Jojo") kasi medyo nagkaroon ng lapse sa security ni Mendiola," Evangelista said.

Evangelista expressed fear that with the slow pace of the trial, the prosecution may just lose all its witnesses.

"Baka maubos na witness namin," he said.

He said he received assurance from De Lima that she will instruct state prosecutors handling Venson's case to push for a speedier trial.

Venson, a car dealer like his father, went missing on Jan. 13, 2011. He was last seen with two men who had expressed interest in buying a Toyota Land Cruiser he and his father were selling.

source: abs-cbnnews.com

Suspect in Ruby Rose Barrameda murder nabbed

One of the suspects in the murder of Ruby Rose Barrameda has been arrested, the National Bureau of Investigation (NBI) said on Thursday.

NBI Special Task Force (STF) said it arrested suspect Robert Ponce in Cauayan, Isabela on Wednesday after a 3-month surveillance.

"Sa tulong po ng intelligence asset natin, ibinigay sa amin ang info na si Robert nga ay nasa Cauayan, Isabela noong July 30," said NBI-STF chief Roland Argabioso.

"After that, nag-conduct kami ng mga undercover operations, nakunan namin ng photograph at pinakita namin ito sa witness namin at he positively identified na isa siya sa mga hinahanap natin," he added.

Argabioso said Ponce had been receiving a monthly allowance of P7,000 from Ruby Rose's husband Manuel Jimenez III.

In an interview with reporters, Ponce admitted that he was the one who poured cement into the drum where Ruby Rose's body was placed. The drum was found in 2009 in the waters off Navotas through the help of suspect-turned-state witness Manuel Montero, a former employee of the Jimenez family.

Ponce said he is also willing to turn state witness.
Ruby Rose went missing in 2007 at a time when she was having a dispute with Jimenez over the custody of their two children.

Due to Montero's testimony, murder charges were filed against lawyer Manuel Jimenez Jr., the father-in-law of Ruby Rose; Lope Jimenez, Manuel's uncle; Eric Fernandez; Lennard Descalzo; and Ponce.

Ponce, Descalzo and Fernandez, according to Montero, were tasked to abduct Ruby Rose from the Jimenez residence in Las Piñas City after visiting her children and bring her to the Buena Suerte Jimenez Fishing and Trading Compound, owned by Lope, where she would be killed.

He said Barrameda was strangled to death and was placed inside a steel drum, which was cemented before it was finally put inside a steel casing.

The steel casing was loaded on a truck with a built-in telescopic boom and was brought to the Navotas fishport and transferred to a tug boat and then thrown into the sea.

As of posting, Ruby Rose's parents and sister Rochelle were at the NBI asking Ponce about his participation in the murder. – with reports from Noel Alamar and Ricky Velasco, dzMM

source: abs-cbnnews.com

3 suspects in Ramgen slay plead not guilty

MANILA, Philippines -- Three of the nine suspects in the Ramgen Revilla murder case pleaded not guilty at their arraignment Monday morning, and Ramgen’s girlfriend Janelle Manahan sought the cancellation of the passport of suspect Ramona Bautista, who has fled abroad.

Glaiza Visda, Norwin dela Cruz, and Ryan Pastera pleaded not guilty to murder and frustrated murder at their arraignment at Branch 274 of the Paranaque Regional Trial Court.

Pastera, tagged as the one who contacted the gunman, surrendered last week to the National Bureau of Investigation, and asked the court on Monday that he be allowed to continue staying in NBI custody. The court rejected this motion, so Pastera’s lawyer requested in turn that at least he not be detained along with the other suspects now in jail.

Visda and Dela Cruz were accused of having been present when the murder was planned.

Meanwhile, Manahan, who survived serious head injuries and was virtually left for dead by the assailants of Ramgen after they stabbed and shot him, asked the court to order the revocation of the passport of Ramgen’s sibling Ramona, who fled to Turkey when it became clear she was going to be tagged a suspect.

Ramona is married to a Turkish businessman. She has reportedly fled on to another country, and sent feelers she would only return to face the charges against her if the Department of Justice acts on her petition for a review of the investigation.

She insisted she was not part of the plot to kill her older brother, even though witnesses said she had simply walked away while Ramgen and Janelle lay bleeding. She admitted she lied in saying earlier the assailants abducted her then left her in another place, but she explained she was so rattled and scared over what happened that she could not think clearly and thus left the scene of the crime.

Her younger sibling RJ Bautista is detained.
The pre-trial has been set on March1 for all of the accused.

source: interaksyon.com