HONORABLE CHIEF JUSTICE SERENO_30NOV15_11TH FOLLOW UP_PETITION DOCUMENT 1_ REQUIRING TABANGAO SHELL GM GEUS TO FILE COMMENT

PETITION FOR
AN ORDER
REQUIRING GEUS TO FILE
COMMENT ON 
BUENSUCESO'S CLAIM
UNDER THE RETIREMENT PAY LAW

SINCE NOVEMBER 13, 2015

11th follow up

November 30, 2015 

ATTENTION : PIO CHIEF

Atty. Theodore Te

CHIEF JUSTICE PERSUASIVE VIDEO

FOR THE PIO CHIEF:

STOP THINKING  IN  SILOS

(persuasive appeal on 30November2015) 

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

 THE PROVISION OF THE

ANTI-GRAFT AND CORRUPT PRACTICES ACT

(persuasive appeal /reminder  on  27November 2015_1)

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(e) Causing any undue injury to any party (myself, Antonio L. Buensuceso Jr.) including the Government, or giving any private party (PSPC, SHELL) any unwarranted benefits, (NON-PAYMENT OF RETIREMENT PAY) advantage or preference in the discharge of his official administrative (ATTY. THEODORE TE, functions) or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices (Atty. Theodore Te, an officer of one offices of the Supreme Court, the PIO) or government corporations charged with the grant of licenses or permits or other concessions.

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

PROVISION ON PRESIDENTIAL 

DECREE NO. 1829

OBSTRUCTION OF JUSTICE

(persuasive appeal /reminder on  27November 2015_2)

PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

THE RETIREMENT PAY LAW WHICH HAVE BEEN CIRCUMVENTED  OR VIOLATED BY PILIPINAS SHELL PETROLEUM CORPORATION et al. (persuasive appeal /reminder  on  27November 2015_3) UNLAWFUL
REPUBLIC ACT NO. 7641 December 9, 1992

RETIREMENT PAY LAW

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF ANY RETIREMENT PLAN IN THE ESTABLISHMENT

Section 1.    Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:

"Art. 287.    Retirement. - Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.   "In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee's retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.   "In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.   "Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.   "Retail, service and agricultural establishments or operations employing not more than (10) employees or workers are exempted from the coverage of this provision.   "Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of this Code."

Sec. 2.    Nothing in this Act shall deprive any employee of benefits to which he may be entitled under existing laws or company policies or practices.

Sec. 3.    This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved:   December 9, 1992

YOUR FAILURE TO RESPOND IS 

FROM THIS DATE  MAY OR SHALL CONSTITUTE VIOLATION OF 

REPUBLIC ACT NO. 6713 RULE 6
(persuasive appeal /reminder on  27November 2015_4)

RESPONSE TO REQUESTS AND PETITIONS MANDATED BY THE Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)

(Republic Act No. 6713) RULE 6 _Duties of public officials and employees

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:

(a) If the communication is within the jurisdiction of the office or agency, the official or employee must:

(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof.

On this video 
the Honorable Chief Justice
 is offering you,  

Atty. Theodore Te,  the carrot.

Please help her out, or else...

The stick shall be following next.

(persuasive appeal /reminder  on  26November 2015)

click on the image to read the article posted by
Atty. Theodore Te as having been inspired by Ka Pepe Diokno

PIO CHIEF Atty. Theodore Te : Thank you for being inspired by Ka Pepe Diokno, and with all due respect             please walk the talk and walk tall.                          

(persuasive appeal /reminder on  24November 2015)

IMPORTANT INFORMATION GUIDES

1. VIDEO 

HON. CJ SERENO ANNOUNCES 

DURATION OF SIMPLE CASES IS TWO WEEKS

2.  COPY FOR THE RESPONDENTS  PROVIDED.

Copies  for Atty. Raul Quiroz and his counsels  was sent through his counsels'  
Atty.Emiterio C. Manibog Jr.

 and

Atty. Joy Anne C. Leong-Pambid  and

ACCRA LAW Head Office
 e-mail addresses and copies

  for PILIPINAS SHELL PETROLEUM CORPORATION, STOCKHOLDERS, DIRECTORS, OFFICERS and Mr. Eduard Geus was sent  through    

Mr. Eduard  Geus e-mail address on 

November 13, 2015. 

IN RE

 A.C. No. 10084

DOCUMENT 1

PETITION LETTER

DOCUMENT 1.1

REQUEST LETTER DOCUMENTS

(next 4 pages)

DOCUMENT 1.2

DEMAND LETTER DOCUMENTS
(next 5 pages)

The TRUTH will set you FREE.

SUPREME COURT_30NOV15 _20th FOLLOW UP_E-MAIL ADDRESS INQUIRY PERSONNEL NAME AND POSITION

SUPREME COURT_30NOV15

E-MAIL ADDRESS INQUIRY

PERSONNEL NAME AND POSITION

20th Follow up e-mail
for personnel name and position

since November 2, 2015

ATTENTION : PIO CHIEF

Atty. Theodore Te

CHIEF JUSTICE PERSUASIVE VIDEO

FOR THE PIO CHIEF

(persuasive appeal on 30November2015) 

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

 THE PROVISION OF THE

ANTI-GRAFT AND CORRUPT PRACTICES ACT

(persuasive appeal /reminder  on  27November 2015_1)

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(e) Causing any undue injury to any party (myself, Antonio L. Buensuceso Jr.) including the Government, or giving any private party (PSPC, SHELL) any unwarranted benefits, (NON-PAYMENT OF RETIREMENT PAY) advantage or preference in the discharge of his official administrative (ATTY. THEODORE TE, functions) or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices (Atty. Theodore Te, an officer of one offices of the Supreme Court, the PIO) or government corporations charged with the grant of licenses or permits or other concessions.

ON THIS DATE YOU MAY HAVE 

BEEN  CRIMINALLY LIABLE  VIA

PROVISION ON 

OBSTRUCTION OF JUSTICE

(persuasive appeal /reminder on  27November 2015_2)

PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

THE RETIREMENT PAY LAW WHICH HAVE BEEN CIRCUMVENTED  OR VIOLATED BY PILIPINAS SHELL PETROLEUM CORPORATION et al.
UNLAWFUL (persuasive appeal /reminder  on  27November 2015_3)
REPUBLIC ACT NO. 7641 December 9, 1992

RETIREMENT PAY LAW

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF ANY RETIREMENT PLAN IN THE ESTABLISHMENT

Section 1.    Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:

"Art. 287.    Retirement. - Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.   "In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee's retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.   "In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.   "Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.   "Retail, service and agricultural establishments or operations employing not more than (10) employees or workers are exempted from the coverage of this provision.   "Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of this Code."

Sec. 2.    Nothing in this Act shall deprive any employee of benefits to which he may be entitled under existing laws or company policies or practices.

Sec. 3.    This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved:   December 9, 1992

YOUR FAILURE TO RESPOND IS 

FROM THIS DATE  MAY OR SHALL CONSTITUTE VIOLATION OF 

REPUBLIC ACT NO. 6713 RULE 6
(persuasive appeal /reminder on  27November 2015_4)

RESPONSE TO REQUESTS AND PETITIONS MANDATED BY THE Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)

(Republic Act No. 6713) RULE 6 _Duties of public officials and employees

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:

(a) If the communication is within the jurisdiction of the office or agency, the official or employee must:

(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof.

On this video 
the Honorable Chief Justice
 is offering you,  
Atty. Theodore Te,  the carrot. 
The stick shall be following next.

(persuasive appeal /reminder  on  26November 2015)

click on the image of Ka Pepe Diokno to read article 

posted by Atty.Theodore  Te about having been inspired by Ka Pepe.

PIO CHIEF Atty. Theodore Te : Thank you for being inspired by Ka Pepe Diokno, and with all due respect please walk the talk and walk tall.         

(persuasive appeal /reminder on  24November 2015)

Please be guided by this 

2014 Christmas message 

from Hon. Ma. Lourdes Sereno

(persuasive appeal /reminder on  11November 2015)

The TRUTH will set you FREE.

RECORD OF MR. TOM HOWARD'S MANAGERIAL IRRESPONSIBILITY AS OF NOVEMBER 30, 2015

The TRUTH will set you FREE.

10 REASONS WHY THERE COULDN'T BE A FILIPINO-AMERICAN PRESIDENT

Imahen mula sa http://tataypepes.com/wp-content/uploads/2008/07/davidletterman.jpg

shared from

Sa isa namang lumaganap sa internet, ayon daw sa popular na segment ni Letterman, narito ang “top ten reasons why there couldn’t be a Filipino American US President:”

“10. The White House is not big enough for in-laws and extended relatives.

9. There are not enough parking spaces at the White House for 2 Honda Civics, 2 Toyota Land Cruisers, 3 Toyota Corollas, a Mercedes Benz, a BMW, and an MPV (My Pinoy Van).

8. Dignitaries generally are intimidated by eating with their fingers at State dinners.

7. There are too many dining rooms in the White House—where will they put the picture of the Last Supper?

6. The White House walls are not big enough to hold a pair of giant wooden spoon and fork.

5. Secret Service staff won’t respond to “psst… psst” or “hoy hoy hoy!”

4. Secret Service staff will not be comfortable driving the presidential car with a Holy Rosary hanging on the rear view mirror, or the statue of the Santo Niño on the dashboard.

3. No budget allocation to purchase a karaoke music-machine for every room in the White House.

2. State dinners do not allow “Take Home”.

The top reason why there couldn’t be a Filipino-American US President is…

1. Air Force One does not allow overweight Balikbayan boxes!”

Sa pamamagitan ng viral rants, madaling maipalaganap ang hinanaing hinggil sa isang mamamayan at bansa. Madali rin itong mapulisya. May katotohanan kahit hindi exakto; may pagkaexakto dahil may katotohanan.

Kapag umanggas ng laban sa bansa, racist. At ang buong kasaysayan ng bansa ay hinihimok para ang tukoy na kaaway ay maging pambansang kaaway. Ang problema, hindi tulad kay Danes at ang nauna sa kanya, instantenyo ang pagkaalam ng inaping mamamayan at bansa dahil sa may viral na pruweba ng panlalait, pandudusta, at pang-aapi.

Na-ban pa si Danes sa syudad ng Manila, dineklarang persona non grata. Ang pagkakamali ng referensya ni Kitsch naman ay naalok pa siya ng libreng biyahe sa bansa para maiwasto raw ang impresyon. Bakit gumaan ang parusa sa kolektibong kaapihan ng mga racist?  At sa kaso ni Sieczka, mga diskusyon sa internet, pati na rin ang maraming nagsasaad ng “kapatawaran.”

Ang viral rant ay ampaw na pananalita sa internet. Walang laman dahil walang pwersa ng materialidad, lumalabas na imahinaryo lang ng walang magawa. Kaya roon nagsimula at nagtatapos. Para magkaroon ito ng politikal na pagtuligsa, kailangang ibuyanyang ito sa antas ng tunay (real):  ang sinasaad naman, at least ng video rant ni Sieczka, ay ang failure of governance. Estado ang accountable, at ang kulang sa rant ay ang pag-ugnay sa Philippines equals kanyang estado.

Kaya kung magre-rage against the dying of the light sa video, tiyakin namang masinop ang politikal na pagsusuring magtutukoy sa kultural na accountability. Na tayong mamamayan at bansa ay dinudusta at hindi umaalagwa sa nakakadaot na stereotipo dahil sa estadong nagsadlak sa ating kolektibong kapalaran.

Unang nailathala sa Lipunan+Kasaysayan+Pagkatao kolum noong ika-20 ng Marso, 2012, Pinoyweekly.org.

READ MORE

The TRUTH will set you FREE.

WHY THE SHARING ECONOMY IS HARMING WORKERS – AND WHAT MUST BE DONE

FRIDAY, NOVEMBER 27, 2015

WHY THE SHARING ECONOMY IS HARMING WORKERS – AND WHAT MUST BE DONE

In this holiday season it’s especially appropriate to acknowledge how many Americans don’t have steady work.

The so-called “share economy” includes independent contractors, temporary workers, the self-employed, part-timers, freelancers, and free agents. Most file 1099s rather than W2s, for tax purposes.

It’s estimated that in five years over 40 percent of the American labor force will be in such uncertain work; in a decade, most of us.

Already two-thirds of American workers are living paycheck to paycheck.

This trend shifts all economic risks onto workers. A downturn in demand, or sudden change in consumer needs, or a personal injury or sickness, can make it impossible to pay the bills.

It eliminates labor protections such as the minimum wage, worker safety, family and medical leave, and overtime.

And it ends employer-financed insurance – Social Security, workers’ compensation, unemployment benefits, and employer-provided health insurance under the Affordable Care Act.

No wonder, according to polls, almost a quarter of American workers worry they won’t be earning enough in the future. That’s up from 15 percent a decade ago.

Such uncertainty can be hard on families, too. Children of parents working unpredictable schedules or outside standard daytime working hours are likely to have lower cognitive skills and more behavioral problems, according to new research.

What to do?

Courts are overflowing with lawsuits over whether companies have misclassified “employees” as “independent contractors,” resulting in a profusion of criteria and definitions.


We should aim instead for simplicity: Whoever pays more than half of someone’s income, or provides more than half their working hours should be responsible for all the labor protections and insurance an employee is entitled to.

In addition, to restore some certainty to people’s lives, we need to move away from unemployment insurance and toward income insurance.

Say, for example, your monthly income dips more than 50 percent below the average monthly income you’ve received from all the jobs you’ve taken over the preceding five years. With income insurance, you’d automatically receive half the difference for up to a year.

It’s possible to have a flexible economy and also provide workers some minimal level of security.

A decent society requires no less.

Dear fellow MoveOn member,

The "sharing economy," also known as the "gig economy," the "on-demand economy," or the "uncertain economy," is exploding—think Uber and Airbnb—but few people are talking about what it'll mean for the social safety net built in this country over the past century. In five years, this new economic trend will encompass 40 percent of American workers.¹ 

That's why it's important that we take action now to figure out how to provide critical labor protections, even as our economy undergoes massive changes. 

Can you make sure your family and friends are talking about what's needed in the "sharing economy" by watching and sharing my latest video with MoveOn? 

We have to help make sure the changing economy works for workers by preventing the elimination of worker protections such as unemployment insurance, health insurance, worker safety, family and medical leave, and more.

Help jump-start this national conversation by watching and sharing this video now.

Thanks for all you do.

–Robert Reich

Source:

1. "The secret number to the sharing economy," TNW News, June 25, 2015
http://www.moveon.org/r?r=308312&id=135818-19913724-BHB4VMx&t=3 

ROBERT B. REICH, Chancellor’s Professor of Public Policy at the University of California at Berkeley and Senior Fellow at the Blum Center for Developing Economies, was Secretary of Labor in the Clinton administration. Time Magazine named him one of the ten most effective cabinet secretaries of the twentieth century. He has written fourteen books, including the best sellers “Aftershock, “The Work of Nations," and"Beyond Outrage." He is also a founding editor of the American Prospect magazine and chairman of Common Cause. His film, INEQUALITY FOR ALL is available on Netflix, iTunes, Amazon. His new book, "SAVING CAPITALISM: For the Many, Not the Few" is out 9/29. 

The TRUTH will set you FREE.