Archive for July, 2011


TIP 0003: COLLABORATING COUNSEL IS NOT ENTITLED TO SERVICE OF COURT PROCESSES.

 

SOURCE: HOME GUARANTY CORPORATION VS. R-II BUILDERS INC. and NATIONAL HOUSING AUTHORITY (G.R. NO. 192649, 22 JUNE 2011, PEREZ, J.) SUBJECTS: COLLABORATING COUNSEL NOT ENTITLED TO COPIES OF NOTICES; FILING FEES; HOW TO DETERMINE WHETHER AN ACTION FOR NULLIFICATION OF A CONTRACT IS INCAPABLE OF PECUNIARY ESTIMATION. (BRIEF TITLE: HOME GUARNTEE VS. R-II BUILDERS).

 

OFTENTIMES, COLLABORATING COUNSEL REQUESTS IN THE ENTRY OF APPEARANCE THAT THEY BE FURNISHED COPIES OF ORDERS OF THE COURT. CAN A JUDGE DENY SUCH REQUEST.

YES. ONLY THE LEAD COUNSEL IS ENTITLED TO SERVICE OF COURT PROCESSES.

WHEREFORE, the Court resolves to:

(a)      NOTE the Entry of Appearance of Atty. Lope E. Feble of Tuquero Exconde  Manalang Feble Law Offices as collaborating counsel for respondent R-II Builders, Inc.; and DENY counsel’s prayer to be furnished with all pleadings notices and other court processes at Unit 2704-A, West Tower, Philippine Stock Exchange Centre, Exchange Road, Ortigas Center Pasig, since only the lead counsel is entitled to service of court processes; (UNDERSCORING SUPPLIED)

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Former PCSO exec faces graft raps

By Michael Punongbayan The Philippine Star Updated May 19, 2011 12:00 AM 

 

MANILA,Philippines-  Two advertising firms filed graft charges yesterday against a former official of the Philippine Charity Sweepstakes Office (PCSO) who allegedly asked them for hefty commissions.

In two separate complaints lodged before the Office of the Ombudsman, officials of Quizgem and Cross-Channel Advertising Services accused former PCSO advertising and promotions manager Manuel Garcia of demanding money from them each time they collected payment from the government agency.

Garcia allegedly threatened that their proposals and collections would not be acted upon “unless his share” is paid through deposits in his bank accounts.

Quizgem, represented by Alexander Quisumbing, said Garcia collected from them a total of P16.1 million from February 2006 to January 2008.

The money was deposited in bank accounts on various dates, Quisumbing said.

Cross-Channel, represented by Ludovico Yuseco, said Garcia collected a total of P12.6 million in commissions from their company from April 2009 to June 2010.

He said the respondent collected the money in the same manner by having various amounts deposited in just one bank account that was under his name.

Both advertising agencies said they have been doing business with the PCSO as a blocktime promoter for television networks that sell advertising placements and commercial spots for the government agency.

They said Garcia should be held liable for violation of the Anti-Graft and Corrupt Practices Act and Presidential Decree 46, which state that public officials and employees are “prohibited to receive, directly or indirectly, any gift, present or any other form of benefit in the course of official duties.”

PCSO board secretary Eduardo Araullo said Garcia filed a one-year leave of absence last March because he refused to be transferred to the agency’s marketing division.

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PCSO files graft rap vs former PR chief

By Sheryll Mundo, ABS-CBN News

Posted at 05/18/2011 4:14 PM | Updated as of 05/18/2011 11:13 PM

 MANILA, Philippines – The Philippine Charity Sweepstakes Office has filed a complaint before the Office of the Ombudsman against its former employee, Manuel Garcia, for alleged violations of the Anti-Graft and Corrupt Practices Act.

Board Secretary Atty. Eduardo Araullo said Garcia allegedly got kickbacks from the collections of ad placements while he was still head of PCSO’s publicity and public relations department.

“Ang ginagawa niya as head of public relations before, sa tuwing magbabayad ang PCSO humihingi siya ng 40%-50% na share niya. Kung hindi magbibigay tinatakot sila na hindi aaksyunan yun placements at proposals nila.” Araullo said.

Araullo said witnesses even presented deposit slips showing that they deposited money in Araullo’s account.

Garcia has been dropped from the rolls of PCSO since March 2011 after he refused to be transferred to the marketing department.

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PCSO exec faces P28-M graft rap

2 ad agencies claim official demanded cut from their collections

By Leila B. Salaverria
Philippine Daily Inquirer

2:32 am | Thursday, May 19th, 2011

 TWO advertising agency executives Wednesday filed a P28-million graft complaint against a former Philippine Charity Sweepstakes Office (PCSO) official accusing him of allegedly demanding a cut from their payments from the PCSO for a number of years.

The separate complaints against Manuel Garcia, the PCSO’s former advertising and promotions and special projects manager, were filed before the Office of the Ombudsman.

The complainants are Ludovico Yuseco of Cross-Channel Advertising Services and Alexander Quisumbing of Quizgem, an advertising agency, blocktimer and producer.

Yuseco and Quisumbing, whose companies made placements for PCSO advertisements, alleged that Garcia regularly demanded a percentage of the fees they collected from the agency and that Garcia’s share collectively added up to P28 million over the years.

The Philippine Daily Inquirer repeatedly sought Garcia’s reaction but calls went unanswered.

PCSO Board Secretary Eduardo Araullo said Garcia was officially dropped from the PCSO roster of officials last May 9 after failing to comply with a PCSO directive to submit a medical certificate to support his request for a year’s leave.

Araullo said Garcia had asked for a leave of absence for one year citing health reasons, but was not granted one because of a civil service rule that sets a maximum of six months’ leave.

He said Garcia had submitted a health certificate from the clinic at the House of Representatives, instead of the PCSO medical officer, to support his petition for a leave of absence. This prompted the PCSO board to declare Garcia AWOL although he may still file an appeal to return to office.

“But he now has to face these charges,” said Araullo.

Araullo told reporters that advertising firms have been complaining about Garcia, but the agency told them that it could not help them unless they come up with an affidavit that could be used to file a case against Garcia.

In his complaint, Yuseco said that every time he would collect his company’s money from the PCSO, Garcia would always demand a share. Garcia also allegedly threatened not to act on Cross Channel’s proposals and collections unless he got his share.

Yuseco said Garcia’s share was deposited in the latter’s Banco De Oro account. The deposits that Yuseco made from 2008 to 2010 amounted to P12.61 million.

Yuseco included in his affidavit a list of deposits that Cross Channel made into Garcia’s account, including the exact date and the specific amount that was deposited. He also attached to his affidavit the machine copies of the BDO deposit slips.

Quisumbing had a similar tale. He alleged that every time he would collect payments from the PCSO, Garcia would demand his share, threatening not to recommend the company’s proposals otherwise.

The amount he had given to Garcia added up to P16.101 million, Quisumbing said.

He said he deposited checks in the name of Alex Quisumbing and Manuel Garcia into accounts in Philtrust and Bank of Commerce. But he said that the checks issued to Alex Quisumbing were actually encashed and the proceeds delivered and deposited in Garcia’s account. With Penelope Endoso

TRIVIA: DO YOU WANT TO BE SUPER RICH? HERE ARE SOME TIPS.

 

Top 5 Tips to Build Wealth and Success

Peter Gorenstein and Farnoosh Torabi
Tuesday, October 5, 2010

More from

Warren Buffett is worth $45 billion. That wealth isn’t only a factor of savvy investing and good business — the “Oracle of Omaha” is also known as a penny pincher. Buffett still lives in the sameOmaha,Neb., home he bought in 1958 for $31,500.

Follow his frugal formula, and you too may wind up with a lot more money than you ever dreamed.

This week Financially Fit covers five tips to build wealth and success.

1. Live Below Your Means.
Being wealthy isn’t just a product of your salary or investment prowess; it’s learning how to save.

“We can make a lot of money, you can make a little bit of money, but the second you spend all the money is when people get into trouble. Saving is the key to preserving your wealth,” says Ed Butowsky, managing partner of Chapwood Capital Investment Management, a firm that manages money for wealthy individuals.

As many Americans realized during the booming real estate market, just because you think you can afford something doesn’t mean you should buy it. Keeping an eye on your bottom line will pay dividends over the long term.

Related Video

2. Bounce Back From Defeat
With nearly 15 million workers unemployed right now in theU.S., it’s easy to get discouraged. Don’t! Most successful and wealthy people have overcome obstacles and failure along the way. Steve Jobs was ousted from Apple when he was 30. Today, he’s a billionaire and a legend. Plus, after getting fired, he created another billion-dollar media company, Pixar.

“Bouncing back from defeat is something all great achievers have. They have this undying belief good things will happen and will continue to happen,” says Butowsky.

Take Michael Jordan. “His airness” was cut from his high school basketball team. Motivated by the rejection,Jordanbecame a star the next season. The rest is history.

3. Self-Promote
Regardless of the profession, the rich and successful tend to have a strong sense of self-worth — key to skillfully navigating an upward career path. Mark Hurd, who was ousted as CEO of Hewlett-Packard in August, couldn’t be kept down for long. Using his business skills and connections, in September, Hurd was named president of Oracle. (Hurd and Oracle founder Larry Ellison are known to be close friends.)

4. Have Street Smarts
Bernie Madoff lived the high life for decades, scamming unsuspecting clients, with a money-making formula that proved too good to be true. Only afterward did we learn that with a little due diligence, most clients could have easily uncovered the fraud.

But it’s not only the swindlers and the con men you have to watch out for. Many times, friends and family take advantage of the rich. Whether it’s a handout or an investment idea, Butowsky advises his high net worth clients that in most cases, it’s wisest to just say “no.” The best way to do that: have someone else do it for you.

“You need to really set up a wall between you and your family,” he advises. “If you don’t want to give them (family or friends) money … saying no is probably a good idea.”

5. Buy Cheap
The rich can afford to splurge, but that doesn’t mean they do.

John Paulson, a billionaire hedge fund manager, bought his Hamptons”dream house at a bargain basement price,” according to Greg Zuckerman, author of the Paulson-based book, “The Greatest Trade Ever.” The story has it that Paulson eyed the home while it was in foreclosure. Finally, on a rain-soaked day, he purchased the home on theSouthampton town hall steps. He was the only bidder.

On New York City’s Upper East Side, Michael’s— The Consignment Shop for Women— has been a bargain-hunting destination for more than 60 years. “We have a good percentage of women who can afford to shop on Madison Avenue but really like the idea of saving that money,” says proprietor Tammy Gates.

From Chanel to Gucci and Louis Vuitton, the store specializes in high-end designer merchandise for a reasonable price. Speaking of her clientele, Gates says, “they’re wealthy for a reason. They recognize that bargains keep people wealthy. Paying top dollar when you don’t have to doesn’t make sense.”

This article is part of a series related to being Financially Fit