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Gov't. can't track source of P6.1 B for Bamban POGO
"POGO hub in Bamban is no small development… 10-hectare property, there's shopping mall, there's condominiums and there are 37 buildings in that POGO hub… P6.1 billion was ploughed in... concerning part is, government did not detect anything in terms of money flows," Sen. Sherwin Gatchalian said government agencies including Anti-Money Laundering Council (AMLC) were unable to trace source of estimated P6.1 billion spent for construction of expansive Philippine offshore gaming operation (POGO) hub in Bamban, Tarlac.
He said senators asked representatives from AMLC on the matter during executive session.
Bamban Mayor Alice Guo, business permit and licensing officer Edwin Ocampo and municipal legal officer Adenn Sigua have been placed under preventive suspension by Office of the Ombudsman based on results of investigation by Department of the Interior and Local Government linking POGO hub to illegal activities.
"When we were doing our own investigation, we couldn't find any trace on how P6.1 billion landed on our shores…we couldn't find any trace on who built facilities, we were very disappointed with answers of Anti-Money Laundering Council because they couldn't trace how money came in and they couldn't trace who received money and dispensed money during construction stage," said Gatchalian.
Gatchalian has urged President Ferdinand Marcos Jr., as chair of National Security Council (NSC), to declare POGOs as national security threat.
He cited information from security and intelligence agencies, reported extent of influence of POGOs in the country.
He noted that those behind operations "managed to increase their influence to different personalities and groups, particularly political personalities, enforcement groups and enforcement agencies, as well as local criminal syndicates."
"POGOs are run by foreign criminal syndicates, and based on their intelligence, they are now aligning themselves with local criminal syndicates," senator said.
He warned that money coming into Philippines can be used to gain influence or protection from local officials.
"Big sums of money are coming in our country undetected and that can be used for whatever purpose, to build more POGO hubs, but definitely it will also go to political personalities and other personalities in order for them to gain protection for their illegal activities,once they get foothold to all our decision makers, then it's very difficult now to fight POGOs or to untangle all of criminal activities of POGOs because they have deeper influence in our government system," said Gatchalian.
Once declared national security threat, Gatchalian said Marcos would have power to cancel existing licenses and prevent future licenses from being issued.
He also underscored need to hold local agencies to account, particularly Philippine Amusement and Gaming Corp. (PAGCOR), mandated to regulate POGO operations in the country.
Camp of Guo, meanwhile, is asking Office of the Ombudsman to lift her six-month preventive suspension over her alleged link to POGO hub in her municipality.
In her 31-page motion for reconsideration, Guo argued that conditions for her preventive suspension are not present in case against her and that contrary to assertions of Ombudsman and Department of the Interior and Local Government (DILG), the evidence of her guilt "is not strong."
The mayor also asserted there was no substantial evidence to prove all elements of charges against her: grave misconduct, serious dishonesty, gross neglect of duty, and conduct prejudicial to the best interest of the service.
"It is most respectfully submitted that none of above-mentioned elements of administrative charges are present in instant case…all of acts complained of, albeit extremely distorted and exaggerated, are done within bounds of law and as part of sworn duty of respondent Guo as local chief executive of her municipality," motion read.
"Evidence against respondent Guo does not rest on substantial evidence considering allegations in complaint have no basis either in fact and in law, based on mere surmises, speculations, opinions, and questionable findings without required quantum of evidence," it added.
Ombudsman ordered on May 31 preventive suspension of Guo, Ocampo and Sigua citing "strong evidence showing their guilt."
Complaint was based on findings of task force created by DILG to investigate culpability of local officials in abetting POGO firm Zun Yuan Technology Inc.'s illegal activities in Bamban.
Zun Yuan's Baofu compound was raided in March for alleged human trafficking and serious illegal detention.
Same compound was raided in 2023 when POGO hub was still called Hongsheng. It was renamed Zun Yuan after the raid.
Based on the task force's investigation, Guo's divestment of her shares in Baofu through deed of assignment "is simulated" as P2.5 million involved did not appear to be commensurate to amount of her investment in the company, approximately eight hectares of land.
DILG also stressed in its complaint that despite raid and issuance of a cease and desist against Zun Yuan, Guo "did not cancel or revoke their business permits because of her business interest in Baofu."
Ombudsman also noted Guo's failure to ensure that Ocampo and Sigua would "faithfully discharge" their duties and functions to make Zun Yuan comply with cease and desist order.
However, Guo argued that allegations are "conclusory, mere product of conjectures and speculations, erroneous and are contrary to established facts, laws and jurisprudence."
"At onset, it must be emphasized that respondent Guo acted within scope of her duty by no less than 1987 Constitution, Local Government Code and prevailing jurisprudence," motion read.
The mayor also denied having business interest in Zun Yuan, asserting that she had "faithfully complied" with guidelines for issuing business permits as stipulated in the Local Government Code and the Constitution.
Lawyer for Guo said it is PAGCOR that has legal duty to monitor activities of POGOs.
"They are barking up wrong tree," lawyer Stephen David said referring to Guo's detractors… "why are you asking the mayor regarding POGO activities, why not government people who are tasked to monitor that?"
"She created composite team to do inspection regularly," he said "why not ask people tasked to monitor POGO 24/7?"
According to David, liability should be with agency appointed by government to do monitoring.
"Interest of government is to get share from winnings as Zuan Yuan was legal POGO…PAGCOR have legal duty to monitor 24/7…now, whether they are doing that or not, it is not within our knowledge…supposedly, if they are not doing that, that's dereliction of duty," he stressed.
"It's good that case is now with Ombudsman at least there, we expect fair trial," David added.
"POGO hub in Bamban is no small development… 10-hectare property, there's shopping mall, there's condominiums and there are 37 buildings in that POGO hub… P6.1 billion was ploughed in... concerning part is, government did not detect anything in terms of money flows," Sen. Sherwin Gatchalian said government agencies including Anti-Money Laundering Council (AMLC) were unable to trace source of estimated P6.1 billion spent for construction of expansive Philippine offshore gaming operation (POGO) hub in Bamban, Tarlac.
He said senators asked representatives from AMLC on the matter during executive session.
Bamban Mayor Alice Guo, business permit and licensing officer Edwin Ocampo and municipal legal officer Adenn Sigua have been placed under preventive suspension by Office of the Ombudsman based on results of investigation by Department of the Interior and Local Government linking POGO hub to illegal activities.
"When we were doing our own investigation, we couldn't find any trace on how P6.1 billion landed on our shores…we couldn't find any trace on who built facilities, we were very disappointed with answers of Anti-Money Laundering Council because they couldn't trace how money came in and they couldn't trace who received money and dispensed money during construction stage," said Gatchalian.
Gatchalian has urged President Ferdinand Marcos Jr., as chair of National Security Council (NSC), to declare POGOs as national security threat.
He cited information from security and intelligence agencies, reported extent of influence of POGOs in the country.
He noted that those behind operations "managed to increase their influence to different personalities and groups, particularly political personalities, enforcement groups and enforcement agencies, as well as local criminal syndicates."
"POGOs are run by foreign criminal syndicates, and based on their intelligence, they are now aligning themselves with local criminal syndicates," senator said.
He warned that money coming into Philippines can be used to gain influence or protection from local officials.
"Big sums of money are coming in our country undetected and that can be used for whatever purpose, to build more POGO hubs, but definitely it will also go to political personalities and other personalities in order for them to gain protection for their illegal activities,once they get foothold to all our decision makers, then it's very difficult now to fight POGOs or to untangle all of criminal activities of POGOs because they have deeper influence in our government system," said Gatchalian.
Once declared national security threat, Gatchalian said Marcos would have power to cancel existing licenses and prevent future licenses from being issued.
He also underscored need to hold local agencies to account, particularly Philippine Amusement and Gaming Corp. (PAGCOR), mandated to regulate POGO operations in the country.
Camp of Guo, meanwhile, is asking Office of the Ombudsman to lift her six-month preventive suspension over her alleged link to POGO hub in her municipality.
In her 31-page motion for reconsideration, Guo argued that conditions for her preventive suspension are not present in case against her and that contrary to assertions of Ombudsman and Department of the Interior and Local Government (DILG), the evidence of her guilt "is not strong."
The mayor also asserted there was no substantial evidence to prove all elements of charges against her: grave misconduct, serious dishonesty, gross neglect of duty, and conduct prejudicial to the best interest of the service.
"It is most respectfully submitted that none of above-mentioned elements of administrative charges are present in instant case…all of acts complained of, albeit extremely distorted and exaggerated, are done within bounds of law and as part of sworn duty of respondent Guo as local chief executive of her municipality," motion read.
"Evidence against respondent Guo does not rest on substantial evidence considering allegations in complaint have no basis either in fact and in law, based on mere surmises, speculations, opinions, and questionable findings without required quantum of evidence," it added.
Ombudsman ordered on May 31 preventive suspension of Guo, Ocampo and Sigua citing "strong evidence showing their guilt."
Complaint was based on findings of task force created by DILG to investigate culpability of local officials in abetting POGO firm Zun Yuan Technology Inc.'s illegal activities in Bamban.
Zun Yuan's Baofu compound was raided in March for alleged human trafficking and serious illegal detention.
Same compound was raided in 2023 when POGO hub was still called Hongsheng. It was renamed Zun Yuan after the raid.
Based on the task force's investigation, Guo's divestment of her shares in Baofu through deed of assignment "is simulated" as P2.5 million involved did not appear to be commensurate to amount of her investment in the company, approximately eight hectares of land.
DILG also stressed in its complaint that despite raid and issuance of a cease and desist against Zun Yuan, Guo "did not cancel or revoke their business permits because of her business interest in Baofu."
Ombudsman also noted Guo's failure to ensure that Ocampo and Sigua would "faithfully discharge" their duties and functions to make Zun Yuan comply with cease and desist order.
However, Guo argued that allegations are "conclusory, mere product of conjectures and speculations, erroneous and are contrary to established facts, laws and jurisprudence."
"At onset, it must be emphasized that respondent Guo acted within scope of her duty by no less than 1987 Constitution, Local Government Code and prevailing jurisprudence," motion read.
The mayor also denied having business interest in Zun Yuan, asserting that she had "faithfully complied" with guidelines for issuing business permits as stipulated in the Local Government Code and the Constitution.
Lawyer for Guo said it is PAGCOR that has legal duty to monitor activities of POGOs.
"They are barking up wrong tree," lawyer Stephen David said referring to Guo's detractors… "why are you asking the mayor regarding POGO activities, why not government people who are tasked to monitor that?"
"She created composite team to do inspection regularly," he said "why not ask people tasked to monitor POGO 24/7?"
According to David, liability should be with agency appointed by government to do monitoring.
"Interest of government is to get share from winnings as Zuan Yuan was legal POGO…PAGCOR have legal duty to monitor 24/7…now, whether they are doing that or not, it is not within our knowledge…supposedly, if they are not doing that, that's dereliction of duty," he stressed.
"It's good that case is now with Ombudsman at least there, we expect fair trial," David added.
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