PCSO Invites Suits on Stance with Globaltech’s Peryahan

By Mortz C. Ortigoza 

MANDALUYONG CITY – The Board of Directors (BOD) of the Philippine Charity Sweepstakes Office flirt with criminal and administrative charges if they will not amend their resolution allowing Globaltech Mobile Online Corporation to continue its operation in violation of the court order, a lawyer for an Authorized Agent Corporation (AAC) of the Small Time Lottery of the PCSO cited.

Globaltech runs the controversial Peryahan ng Bayan’s numbers betting game.

In an opinion requested by a president of an AAC, a lawyer, who asked for anonymity, opined on the decision of the Court of Appeals (CA) and PCSO Resolution No. 0059 that PCSO must issue an amended resolution revising the Resolution by deleting the implementation of the Status Quo Ante Order (SQAO) in favor of Globaltech.

Board of Directors of the Philippines Charity Sweepstakes Office. Clockwise from left: Chairperson / OIC-General Manager Anselmo Simeon P. Pinili; Members of the Board Marlon U. Balite, Sandra M. Cam, and Ramon Ike V. Señeres.

The lawyer said that PCSO should resolve to authorize the filing of a motion for execution before the RTC to execute the directive for Globaltech to post a bond equivalent to Php 50, 336, 029 as based on RTC order in April 24, 2017. He added that PCSO will submit itself to arbitration conformably with the terms of their written agreement and A.M No. 07-11-08-SC or the Special Rules of Court on Alternative Dispute Resolution as Court of Appeals’ decision in January 14, 2019.

The lawyer said that failure of the PCSO to obey the CA will make the members the BOD liable for possible sanctions.

He cited these penalty and punishment are contempt of court to administrative and criminal prosecution and conviction under the Anti-Graft and Corrupt Practices or Republic Act 3019.

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The lawyer explained that the BOD through Resolution No. 0059 Series of 2019 relies solely on the opinion of the Office Government Corporate Counsel (OGCC) that the SQAO was immediately executory from the Regional Trial Court’s Order of May 17, 2016 and the PCSO was obliged to implement it.

He explained that the OGCC and the PCSO trimmed the interpretation of the whole disposition.

“So must the RTC Order dated 17 May 2016, which cannot be read in isolation and should be understood together with the RTC Orders dated October 11, 2016 and April 24, 2017, which were all affirmed by the Court of Appeals,” the lawyer explained.

Recall that both PCSO and Globaltech filed with each other at the CA a Petition for Certiorari under Rule 65 of the Rules of Court.

Docketed as CA-G.R. SP No. 151727, PCSO assailed the orders dated May 17, 2016, October 11, 2016, and April 24, 2017 of Judge Nicanor A. Manalo of Regional Trial Court Branch 161 in Pasig City. 

Docketed as CA-G.R. SP No. 154056, Globaltech blasted the order dated October 13, 2017 of the same judge.

In a decision rendered by the Court of Appeals in January 14, 2019, it dismissed both petitions.

In the October 11, 2016 order, the RTC modified its decision on May 17, 2016 by directing the PCSO to suspend its Notice of Termination to Globaltech, to observe the SQAO and send PCSO representatives to draw centers of the plaintiff daily to conduct the Peryahan ng Bayan’s game.

“Where premises considered, the instant motion is partially granted and the subject Order dated May 17, 2016 is modified as follows: 1. The plaintiff is directed to pay defendant-movant the amount of Php50, 336, 029. 73 within thirty (30) days from receipt hereof; 2. The Plaintiff is directed to post an additional amount of Fifty Million (Php50,000,000.00) upon compliance with the above; 3. Thereafter, upon payment of Ph50,336,029.73 and the posting of the additional bond amounting to Fifty Million (Php50,000,000.00), the parties are directed to submit the issue/dispute controversy for arbitration in accordance with the terms of the arbitration clause specified in the DOA. The parties are directed to submit to this Court within thirty (30) days the status of the arbitration proceedings initiated by them. The Order dated May 17, 2016 directing the suspension of the notice of termination dated February 19, 2016 is in the meantime deferred till after the result of the arbitration proceedings”.

 The lawyer said PCSO no longer need to obey the SQAO because of the changes in the October 11, 2016 order of the RTC.

The lawyer cited that the penultimate April 24, 2017 order of Judge Manalo neither reinstated the SQAO when it modified the October 11, 2017 Order nor set aside the deferment of the suspension of the PCSO’s notice of termination on February 19, 2016.

The April 24, 2017 order stated:

“Wherefore, premises considered, the assailed Order dated October 17, 2016 is hereby modified. Plaintiff is directed to post a bond equivalent to the amount of Php50, 336, 029.73. Meantime, send the instant case to the Arbitration Court for immediate arbitration to determine the rights, interests and obligations of the parties once and for all pursuant to their contract (DOA)”.

In October 13, 2017, the RTC on its last order denied for lack of merits Globaltech’s motion to issue a Writ of Injunction on the basis of the alleged refusal of the PCSO to arbitrate and to observe the SQAO.

The lawyer summed up the judicial directives for Globaltech to post a bond equivalent to the amount of Php50, 336, 029.73 as per RTC Order dated April 24, 2017 and the parties to immediately submit themselves to arbitration conformably with the terms of their written agreement and A.M. No. 07-11-08-SC or the Special Rules of Court on Alternative Dispute Resolution as per Court of Appeals’ decision dated January 14, 2019.

“Neither can the OGCC rely on the portion of the Court of Appeals decision discussing the validity of the SQAO. Despite the discussion of the Court of Appeals did not reinstate the SQAO in the dispositive portion of its decision. Had the Court of Appeals intended to extend the relief contained in the SQAO to Globaltech, it would have been easy for it to state so. It did not”.

The lawyer called the PCSO to amend Resolution No. 0059 by striking out the necessity of SQAO and instead for Globaltech to post the Php50, 336, 029. 73 bond.

This amount is exclusive of the Php50, 336, 029.73 that remain an unpaid obligation of Globaltech in the October 17 decision of the RTC.

PCSO said that the defendant has an unremitted obligation to the former by P50, 290, 447.96 as of December 10, 2015 that caused PCSO to terminate Globaltech’s Deed of Authority (DOA).

How Suicide Bombers, Muslim Radicals Operate

 By Mortz C. Ortigoza

After some readers online showed their apprehension after reading my column’s What if Suicide Bombers Wage Wars in Luzon, Visayas and the bloodbath those Muslim suicide bombers can do when they started exploding those 10 to 20 kilos nails, iron balls, and other shrapnels' TNT contained vest strapped on their body, here are some of the salient features of the book I read how Islamist terrorists operate.

Before I expound it, I will describe first some of the names and organizations that become a major part of the book Son of Hamas by Mosab Hassan Yousef but was written by Ron Brackin about the son of  a terrorist organization founder Hamas Sheikh Hassan Yousef.

Just like those fiction best seller thrillers, Mosab became a spy for the Shin Bet.

Shin Bet or Shabak by the way is the Israel Security Agency.

Fanatic Islamic Suicide Bombers.

Hamas is a Palestinian organization responsible for countless suicide bombings and other deadly attacks against Israel.

Mosab was imprisoned by the Israeli internal intelligence service. After a chance encounter with a British tourist, he started a six-year quest that undermined Hamas, endangered his family, and threatened his life. He has since became a Christian and sough political asylum in America.

What If Suicide Bombers Wage Wars in Luzon, Visayas

 By Mortz C. Ortigoza

While in a huddle with some politicians,TV reporter, radio commentators, and a priest who came to me and introduced himself that he reads my blog, I told them my apprehension how nerve wracking to the people in Luzon and Visayas in case a Muslim suicide bomber gets inside the huge Catholics’ Redemtionist Church in Baclaran, Pasay City, the Saint Therese Church in Dagupan City, or those churches  in Cebu City.

“Can you see the psychological effect to people in Luzon or in the Visayas in case a human clad with a vest of 10  to 20 kilograms of TNT and shrapnel blows himself just to kill dozens if not hundreds of parishioners,” I opined.

My remarked was anchored on the television news recently that an Indonesian spouses blew themselves and killed 23 people in and out of the Mt. Carmel Cathedral in Jolo, Sulu and maimed and wounded 100 others mostly Christians, civilians and soldiers supposedly well-cordoned ala Israeli security blanket Catholic church.

BOMBER - A feature of a suicide bomber with his lethal 5 to 20 kilograms of explosives. A packed vest or belt is armed with a detonator. The vest is usually packed with ball bearings, nails, screws, bolts, and other objects that serve as shrapnel to maximize the number of casualties in the explosion. (Photo grab from the internet)

In case radical Muslims, just like what they do in India, Afghanistan, Iraq, and in Indonesia, resort to this kind of warfare and wage it in Luzon, then we are damned and doomed, son of a gun!

Nabayaran Ang Mga Senators Natin?

 By Mortz C. Ortigoza

I saw a photo of a frail old Filipino man in his 60s but looked like an emaciated 80 years old because of lack of nourishment at Facebook who was clad in a white tee shirt with a bold print in front: “MAHIRAP KAMI, kasi MAGNANAKAW sina SENADOR, CONGRESSMAN, GOVERNOR, MAYOR, at KAPITAN”.

The entrepreneur spirit in me said: This shirt is cool. A lot of Filipino will buy it if I procure bulks of these stuffs in Divisoria and print - screen them myself just like what I did to college students’ shirts in the 1990s when I was teaching political science in a university in Dagupan City.

I learned this craft when I was a “vagabond” high school student as I watched how printing shops did their trade in the early 1980s in the war torn Mindanao.

Now I digress, salamabit!

DIRT POOR - Because of the dearth of jobs available and the problem of population explosion, poor Filipinos scavenge to meet ends in the Philippines.

The social anal list, er, analyst in me revolted where I fired in Filipino some volleys of shots,ala Tora-Tora plane, in behalf of the old man to the enemies at my Facebook board:

“Mahirap tayo kasi ang mga senadors inupuan nila ang Public Service Acts (PSA) na magbubukas sa economy natin kung saan mas maraming foreign investors papasok na dito, gaya sa Thailand, Singapore, at China because of the 100 percent ownership of the business na 40 percent lang sa kanila ang pag-aari sa kasalukuyan. Ang PSA ay approved na ng House of Representatives noong September 2017. Ayaw ipasa ng mga senators dahil ba kailangan nila ang milyon milyong pesos na pera at libring eroplano at helicopters sa election galing either kay PLDT, Globe, San Miguel, Aboitiz, JG Summit Holdings, Inc of the Gokongwies, SM Prime Holdings of the Sys, or other oligarch na sumisipsip sa dugo ng mga Pilipino at takot sa kumpetisyon ng foreign investors?”

Gadget That Can Detect Enemies Behind Wall For Sale To AFP

By Mortz C. Ortigoza

          Czech  maker says soldiers become effective in Urban Warfare

PASAY CITY, Philippines – Soldiers in the country will  be more effective in an urban warfare like in Marawi City with the  RETWis 5 radar  being sold by the Czechoslovakia arms maker to the Philippines government.

Ondrej Vanac, Czech regional sales director of CSG Aerospace Division, told recently this writer that the RETWis 5  will show to the government troops who man it how many people are on the other part of the wall or non-metallic barrier.

“It can detect the target based on chest movement that’s how sensitive it is. If there is something under the debris under the earthquake, rescue through chest movement,” Vanáč stressed.

MODERN URBAN WAR - A soldier in the illustration watches the screen of the portable Czechoslovakia made RETWis 5 radar how many armed enemies are behind the wall. The radar can detect living persons and animals in motion and at rest based on their breathing and chest movement.

In the last year’s devastating urban war in Marawi City Philippine elite troops like the Scout Rangers, Special Action Force, and the Marine Corps Recon lack this gadget to detect the Islamist radical terrorists hiding on the other parts of the walls of the edifices there.

Its brochure given to this newspaper said that the RETWis 5  (RETIA Through-Wall Imaging System) is a unique small portable radar detecting living entities behind a wall or a non-metallic barrier.

It is small dimensions, low weight and a long operation period highly portable device suitable for multi-purpose usage for special police and military units.

Vanáč  cited that it can be used for search and rescue operation like those survivors who are buried by debris after a calamity hit the place.

Politician Shuns Lousy Radio Station

 By Mortz C. Ortigoza

Some media men and politicians in a huddle recently talked about an electoral candidate who paid a FIVE MINUTES radio interview in a morning program at a premier radio station in Dagupan City.

“How much did he pays?” I asked.

“Seven thousand pesos,” a top brass of that radio station answered.

“Ano ang pina-interview, iyong hindi nila nakuha last Friday iyong pagdating ng Hugpong Pagbabago Coalition led by presidential daughter and Davao City Mayor Sarah Duterte?” I posed.

Last Wednesday, Urdaneta City Mayor Bobom Perez and City Administrator Ronald San Juan told me about the arrival the following morning at the city’s Cultural Center of the senatorial slate sans Bong Go.

I saw at Face Book that instead of the group of governorship and vice governorship bets Art Celeste and Mark Lambino, it was the group of gubernatorial rival Governor Pogi Espino, his father Fifth District Congressman Amado Espino and Mayor Bobom who, with five mega watts smiles, welcomed the party of Sarah Duterte.

Does Truth Telling No Place at Bloc Time Radio?

By Mortz C. Ortigoza

As the start of the 60 days campaign period for the May 13, 2019 election for local candidates will be on March 29, elective candidates are sizing if not buying their selected bloc time radio slot in the six A.M or (amplitude modulation)  radios and several F.M or (frequency modulation) in my city.

Bloc time rental can be cheap or very expensive. A premier A.M radio station bills a candidate almost half a million pesos in 30 minutes morning program a day for four weekdays or a month while those who were cellar dwellers in the poll of Kantar collect P120,000 to P180, 000 in a one hour a day Monday to Friday morning program for month, too.

One of the bloc time commentators told me that he will be inviting me to do analysis on his program about the gubernatorial and congressional rivals for the coming May 13, 2019 election.

He used the word “analysis” for me to do because he saw how I analyzed and predicted the winners in the past national polls by citing my data on two credible scientific surveys done by Social Weather Stations and Pulse Asia, how I predicted that Manny Pacquiao would lose to Floyd Mayweather in their mega fight in May 2015 and how Pacquiao will lose big time in their future fight because of data I have about the strengths and weaknesses of both pugs.