Ang Caviteno Newsweekly October 15-21, 2018 Issue | Page 6

6
REPUBLIC OF THE PHILIPPINES
Fourth Judicial Region
Regional Trial Court Of Cavite
OFFICE OF THE CLERK OF COURT
& EX-OFFICIO SHERIFF
New Justice Hall, J.P. Rizal Avenue, Kaybagal South, Tagaytay City
Extra-Judicial Foreclosure of Real
Estate Mortgage Under Act No.
3135, as Amended, Republic Act
No. 4118
EJF NO. TG-18-054
NURSILYN A. TEO
Mortgagee,
-Versus -
JERRY C. SEMBRANO & RACHEL A. SEMBRANO,
Mortgagors.
x-----------------------------------------------------x
NOTICE OF EXTRA-JUDICIAL SALE

Upon extra-judicial forclosure sale under Act 3135 as
amended by Act 4118 filed on September 14, 2018 by NURSILYN A.
TEO, Petitioner/Mortgagee with postal address at Block 220 Lot 07
Daffudil Street, Pembo, Makati City, pursuant to the terms and conditions
of the Real Estate Mortgage Agreement dated May 23, 2017 that was
duly executed by Spouses JERRY C. SEMBRANO and RACHEL A.
SEMBRANO, Respondents/Mortgagors with postal address at #110
Gemini Street, Rainbow Village 2, United 5, Sucat, Parañaque, in
favor of the Petitioner/Mortgagee, over a real estate property including
improvements thereon, described in and covered by Transfer Certificate
of Title No. 7216 of the Registry of Deeds of Tagaytay City, in order
to satisfy the outstanding loan obligation of the Mortgagors/Debtors
in the amount of TWO MILLION FOUR HUNDRED SEVENTY
FIVE THOUSAND PESOS (Php2,475,000.00) Philippine Currency,
Inclusive of Interest, penalties and other charges, as of August 22, 2018,
the undersigned Clerk of Court & Ex-Officio Sheriff of the Regional
Trial Court of Cavite thru her deputy, Sheriff Teodoro O. Criss, hereby
announces that on November 22, 2018 at 10:00 o’clock in the morning or
soon thereafter, at the New Hall of Justice of Tagaytay City, to the highest
bidder, for cash or Manager’s Check and in Philippine Currency, to the
following property with all its improvements thereon, to wit:
TRANSFER CERTIFICATE OF TITLE NO. 7216
Registry of Deeds for Tagaytay City

“A parcel of land (Lot 2 of the cons./subd. Plan, Pcs-04-
020368, being a portion of Lots 3218-A & 3218-C, Psd-04-109047
L.R.C. Rec. No. ), situated in the Brgy. of San Jose, City of Tagaytay,
Prov. Of Cavite. Bounded on the NW., along line 1-2 by Lot 3 of the
cons./subd. Plan. on the NE., along line 2-3 by Lot 3218-F (Road 3.00
m. wide), on the SE., along line 3-4 by Lot 3218-E of Psd-04-109047,
along line 4-5 by Lot 3218-D of Psd-04-109047, along line 5-6 by Lot
1 of the cons./subd. Plan, on the SW., along line 6-1 by Lot 33215 of
Cad-355, Tagaytay Cadastre: thence N. 85 deg, 41’E., 33.32 m. to pt.
2; thence S. 34 deg. 10’W., 14.72 m. to pt. 3; thence S. 85 deg. 40’W.,
15.57 m .to pt. 4; thence S. 85 deg. 40’W., 14.15 m. to pt. 5; thence S. 85
deg. 40’W., 2.47 m. to pt. 6; thence N. 30 deg. 34’E., 14.05 m. to pt. of
beginning, containing an area of THREE SEVENTY SEVENTY SEVEN
SQ. MTRS. & FIFTY SQ. DECIMTRS. (377.59). All pts. Referred to
are indicated on the plan & are marked on the ground by P.S. cyl. Conc.
mons. 15x60cm.; bearings grid; date of orig. survey, July 8, 1963-July
29, 1964 & that of the subd. Survey, Aug. 3, 2004 & was approved on
Sept. 17, 2004 is registered in accordance with the provisions of the
Property Registration Decredd in the name of JERRY C. SEMBRANO,
of legal age, Filipino, married to RUSSEL A. SEMBRANO”.

In the event the public auction should not take place on the
said date, it shall be held on November 29, 2018 without further notice.

Prospective bidders or buyers are hereby enjoined to
investigate and verify for themselves the TRANFER CERTIFICATE OF
TITLE NO. 7216, the encumbrances thereon, if any there be.
All sealed bids must be submitted to the undersigned on the above time
and date.
Tagatay City, Philippines, September 27, 2018
APPROVED:
ATTY. VARBRA ANN A. VARIAS-DIMAYUGA
Clerk of Court & Ex-Officio Sheriff
TEODORO O. CRISS
Sheriff In Charge
WARNING:
IT IS ABSOLUTELY PROHIBITED TO REMOVE, DEFACE OR
DESTROY THIS NOTICE OF SHERIFF’S SALE ON OR BEFORE
THE DATE OF THE AUCTION SALE UNDER THE PENALTY OF
LAW.
Note:
Publication was awarded to : Ang Caviteno Newsweekly
Date of Publication: October 8, 15 & 22, 2018
COPY FURNISHED:
NURSILYN A. TEO
Block 220 Lot 07 Daffudil Street,
Pembo, Makati City
JERRY C. SEMBRANO & RACHEL A. SEMBRANO
#110 Gemini Street, Rainbow Village 2, United 5,
Sucat, Parañaque
Ang Caviteño Newsweekly
October 8, 15 & 22, 2018
ADVERTISEMENT

Oktubre 15-21, 2018
PACC bares state of corruption in the Philippines
By Susan G. De Leon
On it’s first year anniversary (October 4, 2018) and barely six months
in operations, the Presidential Anti-Corruption Commission (PACC)
outlined the state of corruption in the country.
Created thru Executive Order No. 43, PACC has a continuing mandate
to fight and eradicate graft and corruption in the different departments,
bureaus, offices, and other government instrumentalities to ensure that
public officials and employees, except those who conduct themselves in a
manner worthy of the public trust.
Volunteers Against Crime and Corruption (VACC) founding chairman,
Dante Jimenez, also a former naval officers sits as PACC chairman, by
virtue of an appointment by President Rodrigo Duterte.
During “The Presser”,a Presidential Communications Operations Office’s
(PCOO) initiative to give the public a better understanding of current
issues, Jimenez said a “bulok na kalakaran” or rotten culture of corruption
has wormed its way into our bureaucracy, including the legislature and
judiciary, from top to bottom.
Corruption & Survey Polls
Corruption perception surveys and other polls tend to validate our poor
status relative to corruption. But even in the absence of survey figures, we
continue to see evidence of corruption in daily government transactions.
Jimenez said, in our country, bribery and extortion in so called “street
level bureaucrats” are common.
“Examples are the corrupt traffic enforcers extorting from traffic violators,
or in fixers at city halls. More dangerous are politicians in high positions
protecting the system of “bulok na kalakaran” in a complicated web of
corruption,” Jimenez said.
The general definition of “corruption” in Latin is “corrupture” – meaning
“to break down together” or cor – the heart; rupture, to break.
“Our country is broken-hearted and breaking down,” Jimenez said.
“Corruption is the ‘misuse of public funds for personal gain. It is carried
out either by bribes, fraud, embezzlement and kickbacks’, he added.
PACC reports and fact-finding inquiries
“Since we started receiving complaints in March 2018 up to the end
of September 2018, the PACC has received a total of fifty nine (59)
verifiable complaints against various government departments and
agencies. Verifiable complaints are complaints supported by documents
whose veracity can be readily checked. The Department of Public Works
and Highways (DPWH) had the most number of verifiable complaints
received, topping the list,” Jimenez said.
The number of verifiable complaints against government-owned and
controlled corporations (GOCCs) is also high, placing these agencies
second in the list. The Department of Environment and Natural
Resources (DENR) and the Department of Finance (DOF) tied for the
number three ranking. Completing the “top 4” of the PACC list are the
Department of Agriculture, Department of Foreign Affairs, Department
of Transportation, National Commission on Indigenous Peoples and the
Department of Labor and Employment.
According to Jimenez, all reports received at the Commission come
from the Office of the President (OP), clarifying that communications
intended for PACC are first received at the OP, and forwarded to PACC
for action. To validate the complaints, the Commission conducts fact-
finding inquiries.
The Chairman bared, they have conducted four fact-finding inquiries so
far.
These included the following: 1. July 25, 2018 fact-finding inquiry
conducted at the Mabini Hall, Malacañang, Manila with 46 individuals
either as complainants or resource persons invited to enlighten the
Commission on issues over certain infrastructure projects and related
matters in the Bicol Region; 2. August 24, 2018 – conducted at Intramuros,
Manila to clear certain questions at DOLE and POEA; 3. September 10,
2018 also at Intramuros, Manila as continuation of DOLE-POEA fact-
finding inquiry; and 4. September 28, 2018 led by Commissioner Manny
Luna conducted in Cagayan de Oro City to enlighten the Commission on
the several issues like rice shortage, delayed irrigation projects, questions
at the Bureau of Treasury, questionable renewal of mining contracts, and
illegal logging.
Corruption in the Construction Industry
According to Jimenez, early reports and fact-finding missions they
have so fa undertaken tend to underscore problems on corruption in the
infrastructure and construction industry.
“These are observed during the Bicol and the ongoing Mindanao Missions
and during a presentation by a contractor victim of an extortion video
involving P4.1 million allegedly by District Engineer Roberto Nicolas
of South District Engineering Office of DPWH together with four other
DPWH personnel on August 30, 2018 in Pasig City,” Jimenez said.
The Chairman shared that a top ranking official of the DPWH confided
to him that a corruption in DPWH projects are usually done by District
Engineers as influenced by politicians, usually congressmen in the
various Congressional Districts in the country.
SITUATION
Executive Branch
As Jimenez continue, he said that in 2013, a Senator revealed that he and
some Senate colleagues allegedly received 50 million pesos as incentive
for voting former Chief Justice Renato Corona in May 2012 on top of
their Priority Development Assistance Fund (PDAF) allocations. An
uncontroverted fact was Secretary Abad’s admission that the 50 million
pesos channeled to the senators came from the Disbursement Acceleration
Program (DAP).
This “cross border transfer” of funds, e.g., funds of the Executive
Department transferred to the Legislative Department was declared
unconstitutional by the Supreme Court in 2014.
The Office of the Ombudsman indicted this year the former President
and his Budget Secretary for mere usurpation of legislative power, a
decision which the Commission called a mere slap on the wrist that reeks
of selective justice.
Only this August 2018, the commanding officers of the Armed Forces of
the Philippines (AFP) Health Services Command (HSC) and AFP Medical
Center, also known as the V. Luna Hospital, under the Department of
National Defense and 20 others were ordered relived to face court martial
for their alleged involvement in anomalous transactions, and has been
set for trial.
The BIR and the Bureau of Customs are among the most corrupt
collection agencies, and have been involved in cases of embezzlement
and extortion.
“A typical example was when the PACC jointly with the NBI entrapped
and arrested, based on tip-off, three BIR personnel in Makati City for
attempting to extort six hundred thousand pesos (P600,000.00) from a
businessman in a joint entrapment operation conducted in Greenhills, San
Juan in June 2018,” Jimenez said.
A “tara system” alleged exists at the BIR where bribe money exchange
hands, between the delinquent taxpayer and unscrupulous BIR personnel.
The “lagay” or 100 percent of the bribe money is divided allegedly in
cuts of 50-60% for the top rank officials like the Regional Director or
even higher while the other 40-50% is divided among the Examiner and
cohorts.
At the Bureau of Customs under the Department of Finance, high
ranking government officials were reportedly coddling a gold smuggling
syndicate operating at the NAIA prompting the PACC to conduct an
investigation jointly with the NBI.
This led to the arrest of three (3) suspects on May 5, 2018 for attempting
to smuggle an estimated P6 million worth of gold jewelry through NAIA
Terminal 3.
The PACC recommended the suspension of three (3) prosecutors, one
former district collector, a lawyer from the Custom’s legal division and a
flight supervisor, and the conduct of lifestyle checks on the respondent.
LEGISLATIVE BRANCH
The Napoles pork barrel scam in 2013 that implicated several members
of Congress involving a mind-boggling P10 billion public funds over 10
years drew attention to the misuse of the pork barrel fund.
PDAF are discretionary funds for use by members of the House of
Representatives for their projects. It was declared unconstitutional by the
Supreme Court in 2013, while the Disbursement Acceleration Program
(DAP) was declared unconstitutional in 2014.
Today the Congress continues to use the pork barrel system after the
Belgica Ruling that declared it unconstitutional by the Supreme Court
in 2013.
Departments prepare the budget and present the budget to DBM, in
turn DBM presents the budget to the House. The House committee on
appropriations conducts a budget hearing and prepares a committee
report to be approved at the Plenary. Next, the House delivers the budget
to the Senate which also conducts hearing and prepares a committee
report for approval of the Senate. The House and Senate reconcile their
versions in the Bicameral Conference Committee and the final budget
approved by Congress is presented to the President for signing of the
General Appropriations Act (GAA).
This prescribed process, however, gets subverted in practice. The
government has been defrauded of billions from commissions and
kickbacks with the misuse of the Congressional pork barrels. In an
interview with the media, a senator exposed that “hundreds of billions of
pork allotments are hidden in the proposed 2019 national budget
JUDICIARY
As a justice advocate in the past 28 years starting in 1991 since the killing
of my late brother “Jaime “Boboy” Jimenez Jr. by a drug syndicate on
December 20, 1990, I have witnessed or personally experienced various
forms of corruption in the Judicial System. A victim has to hurdle layers
of corrupt practices in the five (5) Pillars of the Criminal Justice System,
namely Investigation, Prosecution, the Courts, Penology and Community
Pillar.
It is not uncommon for a police investigator asking for gasoline, meals or
other favors for the investigation to move. A corrupt Prosecutor receives
bribes for a speedy or favorable resolution.
Court hearings in the country are notorious for delays resulting in the trial
of a case stretching to an average of seven (7) years or as long as 20 years.
So-called “hoodlums n robes” those Judges or Justices are suspected in
accepting bribes for a favorable decision.
Indiscriminate issuance of Temporary Restraining Orders (TRO) at the
Court of Appeals has been reported. TROs are reportedly being issued to
the highest bidder with the Sheriff acting as bagman.
A case which I assisted in my NGO years demonstrates how corruption
is tolerated from Lower Court to Higher Court. It was an Expropriation
suit initiated in October 1999 by the Philippine Ports Authority (PPA)
in Civil Case No. 5447 “PPA vs Felipe Acosta, et al that centered on the
matter of “just compensation” the amount of five hundred pesos (P5,500.
00) per square meter against the PPA offered price of five hundred pesos
(P500.00) per square as fair market value of the lots as evaluated, the
subject lots being raw marshland, swampy and submerged in water.
The PPA assailed the decision as disadvantageous to the government as
the lots were overpriced. The case went up to the Court of Appeals which
also approved the amount. It went to the Supreme Court. The PPA then
was represented by the Solicitor General. In 2009, the Supreme Court
reversed the lower court’s decision and pegged just compensation at
P425.00 per square meter, it’s real value, not P5,500.00 per square meter.
I was witness to this sale by the owners of the lot located in Batangas
Port to the PPA.
Corruption is also rampant in the Penology Pillar. The convicted
murderer of my brother was able to escape using fake release papers
although he was re-arrested. Special treatment is afforded to rich or
influential inmates. The Witness Protection Program needs strengthening
to encourage more witnesses of crimes and corruption to come out.
CONCLUSION AND RECOMMENDATIONS
Jimenez said, PACC being one year old in paper and six months in
operations, they were able to conclude that ‘corruption situation in our
country today continues to be alarming”.
“There is corruption in high places, corruption in the rank-and-file.
Corruption everywhere,” Jimenez said.
PACC recommend the following measures taken from the 10-Point
Reform Plan they have adopted in the Anti-Corruption Summit convened
on November 27-28, 2017 at the Philippine International Convention
Center (PICC) in Pasay City as a working guide for the Commission.
1. All agencies under the President should set the stage for bureaucratic
reforms for head of government to be accountable, take command
responsibility of all their actions and eliminate undue human intervention
of agents and middlemen in transactions;
2. Professionalize civil service based on meritocracy and continuously
increase the number of quality public workers proportional to the
demands of good governance;
3. Prompt and stern punitive actions for persistent corrupt practices
of incompetence, inefficiency, “kalakaran,” nepotism, “balimbing,” and
patronage as well as syndicated crimes like plunder and violations of
procurement of public goods, without fear or fervor;
4. Publish immediately all plans, projects and programs at all levels
and from all stakeholders, especially in the selection and procurement of
goods and services in all agencies;
5.
Modernize and innovate monitoring and data base systems of
transactions with reliable technology and independent public audit at all
phases of implementation, from pre-inspection to the point of origin and/
or destination, ensuring that accepted technology should, at all times be
working, secured, safe and accurate. (PIA-NCR)