Plunder and malversation are distinct corruption crimes under Philippine law: plunder requires a public official who, in conspiracy with others (family members, business associates, or private individuals), acquires ill-gotten wealth through a series of acts, with a threshold of 50 million pesos; malversation involves the embezzlement or misappropriation of public funds by a single public official, with a much lower threshold of 8,800 pesos. The key distinction is that plunder requires multiple acts in connivance, while malversation can be a single act of misappropriation.
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House expels Kiko Barzaga | Political Beat SupercutAdded:
An eye for an eye, a walk out for a walk out. The Senate standoff continues for the second straight day after the minority walked out last week to block a vote on online participation. Senate President Alan Cayatano says that the majority is likewise skipping plenary sessions too. He calls it a protest against a possible quote puppet Senate and a move to protect key committees from being taken over now that their numbers are locked at 111.
But the minority block is firing back.
All 11 minority senators are now calling on Kayatano to resign as Senate President, accusing him of abandoning his duty and paralyzing the Senate for a second straight day.
Good evening. You're watching Political Beat. I am Lur Dea.
For the second straight day, the Senate failed to hold a session as the majority block again withheld a quorum. The standoff is now escalated with the minority block calling on Senate President Alan Kayatano to step down.
Let's get the latest from our mobile journalist from the Senate, Marimmon Reyes. Marimmon. Okay, so how how long did the minority wait?
>> Lord, not so long. Uh compared from 5:00 p p.m. to nearly 7 o'clock in the evening. 3:00 p.m.
the Senate Secretary Secretary Joseity senators during that time and after few minutes.
So we clarify again and as confirmed by Peter FBO senators Lordor.
ority Mary is for Senate President Kaitano to resign.
>> Yes, to resign. And 25 million facilities allowances etc. pending legislations either for amendments for interpolation for approval including antihos detention bill for health workers Philippine citizenship and others for health workers if I'm not mistaken right for health workers yeah sorry for health workers workers for health workers agenda and agenda for this day.
If not, questionity senators tomorrow and they're also noting consultations majority leader and minority leader They will be exhausting all legal remedies available or or possible to address this issue.
Does it would it include filing ethics complaints? Would it include appealing to the Supreme Court or other remedies from the minority?
Let's listen to some of the statements of the minority senators.
Yeah.
>> What happened today was a clear abandonment of responsibility, dereliction of duty, and a blatant disregard of the rules that govern this in secret because the Senate cannot be made to stop working simply because its presiding officer refuses to leave. This is not merely a procedural lapse. It is a direct violation of the rules of the Senate and a serious disrespect for the institution and the Filipino people.
Senate President Alan Peter Cayano should resign as he has shown that he cannot function as the leader of the Senate anymore.
in his disregard.
Senate Independence 25 military personnel And we appeal to all our colleagues.
They should attend session. It is their duty.
I appeal to those members of the majority and yes of health workers confirmation before the commission on appointments.
Senators, particularly Senator Senate lastity.
officer in this case either Senate President Senate President Senate President Prompor and assign either leaders majority minority or officiate for the time being from the majority at least 50% session or plenario minority senators minority leader senator call out lack of motion for adjournment.
So in a nutshell is Senate Blue Ribbon Committee hearing scheduled Thursday, June 4ce investigation flood control.
Okay.
Tomorrow Thursday on another day pa Wednesday. So Thursday formal session so if not it's either the blue committee itself in general question minority block Boycotting Chamber Lord Senator Robin statement this Impeachment trial committee Pre-trial process process impeachment trial calendar we're still anticipating between the second week to the third week of June pre-trial proper and same July 6 target date impeachment trial and route judges in Congressman.
Senate media reporters in a span of between 5 to 10 minutes during those times if not allo up until this momental All right, mobile journalist Marimmon Reyes.
All right, more development ahead on political beat.
Since the flood control scandal broke, allegations of graft, bribery, and even blunder have dominated the national conversation. But what exactly do these terms mean under the law? And how do they differ from one another? Or how has it evolved? And for the answers to such complicated questions, let's bring in veteran lawyer Laura Capunan. She's also one of the private prosecutors for the upcoming impeachment trial of Vice President Sarah Duterte. Attorney, thank you for joining us tonight.
>> Thank you for having me. I've always admired your shows.
>> Oh, thank you.
>> That's why I'm here.
>> All right, attorney.
What's the biggest misconception Filipinos have about um the crime of blunder?
>> Well, right now we're hitting the books.
robbery or theft but uh and it never happened in the sphere of uh public officials. No. And so uh if we see look at the history of the plunder laws and the it it was uh I think republic act sometime in 2019 >> the time of president corino and uh and that has been amended the earlier law the threshold was uh 75 75 million >> now it's 50 million. Okay, let me explain. That's why I'm hitting the books. No, all the lawyers now are hitting difference plunder, malveration, graft, and corruption. And there's a recent one. I think there's a recent one filed against uh the speaker article. I've never really been conscious of defrauding the public treasury >> which which is like imprisonment for 6 months or something. It's it's a never used it's never used in the revised penal code. It's article 213. But what is the difference?
If you put them all together, it's it is >> so by definition when you're talking about plunder, you're talking about a public official. You're talking not only a public official uh whoever connives with him or works in conssonance with him >> could be family member, business associate, subordinate >> and it can also be a private individual element. Secondly, second element is it involves uh illotten wealth. Uh uh thirdly thirdly and this is why people should understand >> which is the reason why uh woodsmania said said plan plan being plan but let's start with malveration or graft and corruption >> because one important element of plunder is it is not a single act. It is a combination of acts or a sequence of acts. So uh plunder bon well if the amount is it doesn't matter if the amount is 50 million and above. It could be plunder >> but it must be a series of action >> in connivance or conspiracy with several others. Flood control for instance uh incon with the contractor the DPW etc etc by way of example so that's the difference it involves also uh embezzlement it involves embezzlement misappropriation of something that's not yours threshold in fact the 19 revised penal Good.
Threshold is 8,800.
>> Wow.
>> Wow. So, >> and then lastly, Antiggraft and Corrupt Practices Act that covers a whole range of things. So, blunder qualify malveration. The catch all is the anti-graft and corrupt practices act. Attorney digital records, bank transfers, electronic transfers, procurements, etc. using modern systems. Uh you would think that they would have made plunder easier to detect or do they simply create new layers?
Well, the electronic that's why we have uh we now have uh laws concerning electronic change of um changes in technology because it's easier now fraud for instance >> fraud well not only fraud liel cyber liel you can destroy reputations overnight you can max out I saw uh I saw a post of a friend of mine who who's who had a friend whose whole bank account was wiped out because online isang hotel.
>> Oh wow.
>> And max out credit card max out bank account. So >> Mhm.
>> electronic and then with the advent of tech new technology the rules of evidence have changed also.
>> So rules of evidence on electronic The problem there is >> the problem there is who do you go after it's not as if the the person can be found the person could be AI the person could be in China or in Cru Cyprus or in >> and uh even if we do have for instance a special division cyber crime division in the NBI we it is not sufficient we have to update sophisticated corruption. Oh, sophisticated on corruption. Okay.
>> And our courts cannot keep up. No.
>> Yes.
>> We also have to educate.
>> Mhm.
>> We have to educate not only uh well, not only the lawyers have to keep up with evidence, rules and evidence, but also the judges.
>> Uh because the judges will have to get that's why there's continuing education for lawyers and there's also a judicial academy.
Wi-Fi, HTTP.
Okay, attorney Senate inquiries Ba, do they um do they help build cases or do they sometimes complicate prosecution political theater?
>> Well, this Senate investigations in aid of legislation important portion which is in aid of legislation.
Senate investigation which really encroaches on and uh separation of powers. remember um the exec the legis the legislators >> make the laws the executive department and you're talking about the president down to department of justice etc down to PNP NBI they execute the laws and the final arbiter the interpreter of the laws is the Supreme Court >> when you mess this up when you have a Senate that does investigation uh that's overreach >> when you have a Supreme Court that writes the rules for the house. For instance, this recent Supreme Court decision last year with all due respect to the Supreme Court wrote the rules for the house on how to conduct a investigation uh how to conduct impeachment proceedings uh initiate how to initiate initi impeachment proceedings in the house. Can you imagine the absurdity of that? What if the house legislated and made the internal rules of the Supreme Court that's encroaching on the on the domain of the and the what exclusively is the Supreme Court?
>> Judicial overreach.
>> Judicial overreach.
>> All right. Attorney, you've represented high-profile clients. No. Um uh of course some uh clients who have attracted intense public scrutiny no including of course very recently because of your uh duties impeachment as a prosecution Mr. Angles of course they're not see Mr. Polish uh was not dulging the entire truth. No.
>> What do most people do not or misunderstand about a lawyer's professional obligations in such cases?
Have you have ever had to explain or extra explanation that defending a person's legal right is not the same as defending that person's conduct?
>> That is true. Uh well a lawyer has a three-fold duty. Uh the lawyer has a three-fold duty to the client uh the courts >> and to the justice system >> and uh that three-fold duty includes uh our oath.
>> Mhm.
>> The same way that uh the same way that doctors take the hypocratic oath and they cannot refuse to cure patients.
It's the same with us.
>> So if if h and the most often question is what if your client is guilty? You're just a lawyer. We are lawyers. We're not judges.
>> If if there is a if there is a for instance there's an admission by the client that he or she did the criminal offense or the misdemeanor etc. Then your duty is to find out the best defense.
>> Mhm.
and not not to say you're guilty. I don't want to handle you.
>> But sometimes a court of public opinion might not be too kind.
>> That that is so true. And and sometimes sometimes uh sadly lawyers bend the law.
Uh and in this whole in this whole culture of impunity uh the the moral moral standard uh sometimes uh sometimes clients go to lawyers >> who know judges or who can who know people in high places.
>> It's important to know the law. Now you must you just need to know the judge.
>> It's know the judge.
>> Okay.
>> That is so true.
>> In highly publicized cases, attorney media attention ba um does that become an additional adversary that lawyers must contend alongside you legal issues themselves?
>> You know the people ask me why why do I end up in in media? No. Uh because some people some clients some some lawyers uh part of their lawyering is to handle the media exposure and and clients pay for that.
>> Mhm.
>> I must say that I've never paid for media because the cases and I handle themselves are media worthy. Mhm.
>> The the cases sell themselves because it is either fight when you fight for whitest right regardless of whether it's an uphill battle or regardless of the notoriety of your client or regardless of how unpopular the cost is.
Classic example Hayden uh all my women's groups up said why are you representing this guy >> because I believe that he was telling the truth and I won all his cases because there were uh trump up charges.
>> Mhm.
>> But why did I accept it? because I have I had faith. Uh the same the same with uh Atang I still believe to this day that he's innocent.
>> Mhm. And the other cases that I've handled, I think it it has to do with my and this is where I will remind parents and I'm a great grand lola already that this when we blame society, we have to look back at blaming ourselves because the adults of today, the elected leaders of the day were kids. They grew up in families. They had parents where was the values education? the teachers in school uh surrogate parents the teachers where was values education in school where the whole concept of right and wrong is now shades of gray >> is fudged >> and that's where I would thank my parents when you're saying why do I accept controversial clients because I had a good uh moral roots >> my uncle was growing up in a family that had my parents But my father was justice of the Supreme Court. My mother was uh also uh dean of academic affairs. She was uh >> she was the dean of nursing school of of uh FEU and Manila doctors and it was always values education. So >> we blame our public officials >> and beyond our public officials. We say they're corrupt. But who elected them into office? and and so it it goes back to us.
>> That would be a nice segue no to the uh next subject I I want to talk about.
Okay.
Earlier this morning, you had an interview if there's going to be a trial. So indication of course attorney based on what happened this afternoon uh be being a a private prosecutor for the prosecution uh panel.
Well the although although there is no uh there is no calendar released >> first of all we've the first hump is over. No, the first the first hurdle would be will the impeachment court be convened and that happened.
>> The second was if it's convened will it proceed forth with and that happened the uh the day it was convened the day they took their oath as impeachment judge they had simultaneously approved the Senate rules and impeachment and issued summons for the vice president to answer that happened. So uh and then this happened what's hap what the theater of the absurd right before our very eyes happened >> and so there's a change in >> leadership and there's uncertainty >> will there be a change in because the majority chooses the senate president the senate president in an impeachment proceeding is the preciding uh justice or judge of the impeachment court with what's happening now with an 1111 uh impass.
>> Mhm.
>> Who is the majority?
In fact, is there even a quorum?
Can they even elect a Senate President?
>> Mhm.
>> Because uh no Senate President, no impeachment.
>> Is it okay to ask you in your opinion when is the right time for the Supreme Court to step in?
>> I think now. Uh now is the right time but the Supreme Court cannot do it what we lawyers say motoropio on its own unless there is a clear case brought before it. For instance uh the issue of uh the issue of cuz for in I'll give you an example. So corporation if this were an ordinary corporation and uh and the existing board and the existing officers do not call for a shareholders meeting. There is a remedy in the SEC.
>> You can go to the SEC and ask the SEC uh to compel or to hold the meeting to compel the board and the officers to care share call a shareholders meeting.
There is no such rule in as regards the senate or the house >> or the house. No, using that sample can now lurge you a >> good abiding handsome citizen.
Can you now file uh out of public interest? Do you have legal standing to sue? Yes, you have legal standing to sue. you're a taxpayer. Yes.
>> Every single day >> that uh the staff goes to work there.
>> Uh that the that those who hope that they're who are following up bills or following up their appointments or >> every single day that goes is a wastage of money.
>> Mhm.
>> It's a wastage of public money. And more important than that, where is the work? Where is work? there is no work being done. So it is a wastage of public funds and it demeans demeans the integrity of the Senate. So you can go you can go to the Senate and say uh Supreme Court >> this is a time to exercise your power of review because this is grave abuse of discretion. Mhm.
>> Remember the Supreme Court is always the last >> arbiter >> arbiter for grave abuse of discretion.
>> When we have a Senate President and a Senate majority old Albide Slim >> and they don't do anything, we don't know where are they. Are they holding up there in CG >> uh doing the crying thing with uh Senator Estrada? What are they doing?
And if there if there are statements to be made, if they think if they think that boycotting the Senate proceedings or the Senate is a statement, they're wrong. They should be the first one to know that if you have a statement to make, you make it there. That's what that's what the animal called privileged speech is all about. That's where your freedom of speech is all about. That's where you can express your views. You know, boycott, boycotting for no reason at all or for reasons we don't understand is not a statement. It is cowardice.
>> Mhm. And a lot of >> you you as a delegant can say this is grave abuse of discretion.
>> This is tyranny of the majority. This is squeeze play of the minority.
>> Mhm. But can the Supreme Court act with dispatch considering that time is of the essence?
>> Well, maybe next year it will come out with a decision the same way that it act with dispatch and as regards the this impeachment case one year after >> timeline.
timeline we would say the gods of padre >> we sacrifice something to the gods thank you for your time I'm so happy to be here it's always so nice sorry as being one of the of course face to face where people uh stab each other in the throat for a slice of melon a plate of toyo 50 pesos or whatever >> they fight over garbage because garbage is heartbreaking in in trio or in the Senate in trio. If I compare, what's more heartbreaking?
It's the Senate.
The Senate. The Senate is more heartbreaking because you you put them there. They're supposed to take care of you. They're supposed to take care. They are elected by the people.
>> You put them there. Now among the things among the things that's being derailed precisely if you're talking if you want to connect the misery of our people uh the misery of our people living in the slums that have no roofs over their head that have that that can be cured by legislation we have a train law we have investments law we have etc it's function of legislation and so uh and I can see now where the ten command Commandments and law are intertwined.
>> Mhm.
>> Because ten commandments first. Thou shalt not use the name of the Lord in vain. Hello.
>> 11 commandment >> which is >> thou shalt not be caught.
There's a 12th. And if caught, go see a lawyer.
>> Good one.
>> Good one. Thou shalt not steal. Wow, that's plunder. Thou shalt not coet thy neighbor's goods. Theft. Thou shalt not coet thy neighbor's wife. Adultery.
>> But nobody said, "Thou shalt not coet thy neighbor's husband."
>> Ah, >> I am the national adviser of the LGBT community.
>> Bingo.
>> Bingo.
>> The Senate should already bill. What's happening?
What's happening?
Mhm.
all gender comfort room.
You should have ended 10 minutes ago.
Attorney before in trouble. Thank you for your time, attorney.
>> Thank you so much for having me. And >> all right, more developments ahead on political beat.
How now? Meow. Meow. The House of Representatives has expelled Cavit 4th District Representative Kiko Barzaga over gross disorderly behavior and conduct on becoming of a lawmaker.
Barzaga was present during the session earlier was seen milling around the plenary to say goodbye to his colleagues. And for the latest, let's bring in mobile journalist Amy Atenza.
Amy, okay, please. What specific violations did the ethics committee site against Barzaga?
>> Yes. Good evening, Lord. Expelano s Congressman Kiko Barzaga, House of Representatives with a vote of 265 affirmative, 14 negative, and eight abstensions. Riv speech. House Committee on Ethics and Privileges Chairperson JC Abalos repeatedly interrupt interrupting sessions.
Congress meow adventures mockery of leadership for discussion speaker former speaker Martin Ramaldes videos and slanderous live accounts.
House Committee on Ethics and Privileges House of Representatives. For the record 20236 representative of course Congressman Barzaga arguments from colleagues.
expulsion. Representative Representative Toby Edgar, Representative Flood control representatives session.
expulsion. Representative Facebook page sentiment.
So fourth district that Lord I have to ask constituents fourth district. So um I have to follow you up on that.
House of Representatives.
So, House Ethics Committee to vote to expel a member of the House.
Well, so that's 212 members of the House of Representatives by the numbers 265.
So technically in terms of this level of the House of Representatives, I expelled representative.
Oh, >> usually the constitution will provide that a special election is called uh to fill the vacancy if there's sufficient time in the remaining term. So usually is the remainder only of the unexpired term.
On that note, Amy and Political Beat will be back after the break.
So, uh, let me tell you about my friend Bugoy. Buggy has been arrested for alarm and scandal, and he places the blame on an an excess of two names, Jack Daniels and Jose Quuervo. Bugoy has never been known as a troublemaker, but one night a cocktail of intoxication and grief led him down the path of outrageous behavior in the streets of Publashon Makati.
As his friend, I'm duty bound to go with my poor, drunken, and downtrodden friend to the police station and to hell with my deadlines. So what if I've got a show to air? The f do I care if the livelihood of 30 or more people depend on my presence for my body boy? I will drop everything. After all, friendship comes first, right? Friendship comes first and my bosses would definitely understand my choice. Right.
Right.
Of course not. Unless I'm losing my goddamn mind. any average employee of any office, public or private, who receives a regular salary would not be so brazen. But that's exactly how the Senate majority behaved yesterday and today, like a bunch of spoiled brats who suddenly felt like not showing up to work for a friend. than having the G to call it a show of independence.
Another black eye to the increasing number of bruises on the upper chambers already shameful reputation.
48.3 million pesos a month. That's how much the Filipino taxpayer pays to maintain just the offices just the offices of a single senator.
According to a civil society watchlog for the national budget, uh, Senator Vin Gachalian says it's 25 million a day just for the facilities.
So, we're not even talking about salaries and bonuses. And the average senatorial monthly pay sits between 300 to 340,000 and if you're Senate President between um 350 to 400,000. Yes, I know.
Considering that most of these honorable people are actually billionaires, this is just Trump change and public service is actually charity work with a flashing security convoy. Now, back to that irksome word, independence.
Independence from what is this is what I'm sure of. It is independent of good taste, independent of dignity, independent of common sense. It is independent of sensitivity and it is independent of respect for your true employers, the Filipino people.
And that's the beat this Tuesday, 2nd of June. I'm Abdur Deber. Enjoy the rest of your evening. This it has been political beat time.
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