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Tulfo warns LGUs to stay away from group at center of illegal recruitment claims

Posted on 11 October 2023 No comments

 

Tulfo tells the crowd in Tagum live about the complaints against Opportunities Abroad 

In a surprise move, Senator Raffy Tulfo on Monday, October 9, stopped the holding of an “orientation seminar” by PinoyCare Visa Center-Opportunities Abroad Visa Processing Services in Tagum City, Davao del Norte amid complaints of illegal recruitment, large-scale estafa and human trafficking against the group and its founder and chief executive officer Prisca Nina Mabatid.

The senator, who heads the Senate Committee on Migrant Workers, also announced that there will be a Senate inquiry into the complaints against Mabatid and her group.

The operation to halt the seminar that was reportedly booked with help from a local city councilor was broadcast live on Tulfo’s popular radio program “Wanted sa Radyo” and simulcast on OneTV network, as well as the Facebook and YouTube channels of the senator.

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Tulfo himself addressed the crowd of hundreds via an online hookup with the chief investigator of the Philippine National Police in the city, and told them about the pending complaints against the two companies and Mabatid, who used to be a Cebu City councillor.

Gusto ko lang ipaalam sa inyo na itong si Nina Mabatid at ang kanyang Pinoy Care Visa Center Opportunities Abroad ay maraming reklamo na ang nakarating sa amin, sa NBI at maging sa Hong Kong. Nangangako sya na bibigyan kayo ng student visa sa Canada at papautangin kayo ng one million (peso) interest free, para gamitin ninyo sa inyong tuition fee, pero once nagbigay kayo ng pera, goodbye na yung pera ninyo at hindi na matutuloy  ang pangako,” said Tulfo.

(I just want to inform you that a lot of complaints have been filed with us, the NBI and in Hong Kong against this Nina Mabatid and her PinoyCare Visa Center and Opportunities Abroad. She will promise you a student visa to Canada and will offer to lend you one million pesos, interest free, that you can use for your tuition fee, but once you pay up, it’s goodbye to your money and her promises will not be kept).

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He said it was up to them if they wanted to stay even after hearing about the complaints.

During the show, Tulfo tried to speak with Tagum City Mayor Rey Uy but he was reportedly nowhere to be found. Neither was Mabatid around although her partner, lawyer Russ Mark Gamallo, could be seen surveying the crowd.

Tulfo ended up warning all local government officials who facilitate the holding of Mabatid’s orientation seminars that they could be held equally liable for any adverse consequences of such  activities.

Pindutin dito

For your information magkakaroon ng Senate inquiry (tungkol dito) pagkatapos ng recess, at kapag di kayo tumupad, nag due diligence…isasalang ko kayo sa Senate hearing. Gisisahin kayo doon,” he said.

(For your information there will be a Senate inquiry after the recess and if you don’t comply, do not exercise due diligence, you will be told to appear at the Senate hearing where you will be roasted).

Gamallo (left, with phone) surveying the venue after Tulfo managed to convince participants to leave

Tulfo also revealed that at a budget hearing held earlier that day, he asked the National Bureau of Investigation to pursue the cases against Mabatid and her group.

This was after NBI director Medardo de Lemos said in reply to Tulfo’s query that they had received complaints in Cebu against the alleged recruiters as far back as 2015. He showed six thick folders that held the complaints and other documents.

However, he said not one of the complainants showed up when summoned for further investigation, so the case was closed. But he agreed to look into the case again in light of the new complaints filed against the group.

During the radio program, Migrante International chairperson Joanna Concepcion told Tulfo that the complainants who sought their help had not heard back from the NBI. She surmised that some might have gotten cold feet because they knew Mabatid used to be a city official, and was powerful.

Concepcion, along with The SUN editor Daisy CL Mandap who was also asked to shed light on the complaints against Mabatid in Hong Kong, both informed Tulfo that all the case files had already been forwarded to the Department of Migrant Workers and the NBI.

On Sunday, Tulfo called a meeting with the complainants, which was also attended by DMW's two top officials, OIC Hans Cacdac and Undersecretary Bernard Olalia.

The senator urged the DMW officials to fast-track the filing of the charges against Mabatid and company by convening an immediate meeting with the NBI. Cacdac responded that the first case that should be "ripe' for filing was syndicated estafa.

Officials from DOJ, Immigration and NBI respond to queries from Tulfo

On August 4, Cacdac also met with the complainants and their advocates at the DMW office, and said he saw “badges of fraud” in the case, so he was forwarding it to the NBI for the filing of charges.

He said the cases could be for large-scale estafa and illegal recruitment while human trafficking could be considered for the victims who are abroad. 

In Hong Kong, the case arose after Mabatid, Gamallo and two female staff came on February 19 this year, and held two half-day seminars during which they enticed about a thousand overseas Filipino workers to move to Canada for a “work and study program” they could join using a student visa.

The seminars which were captured on video by many of the participants, were promoted extensively in Hong Kong by OFW blogger Bryan Calagui, who also opened the events and introduced Mabatid as the CEO of PCVC-Opportunities Abroad.

To entice the OFWs, Mabatid promised a three-month processing time, and an interest-free loan of P1million to each applicant to be used as “show money” or proof of financial capacity before Canadian authorities.

But after they paid the full fee of $18,731 (about P132,000) the complainant said they received little support from the company’s staff with their application and were given the run-around even after submitting all of the documents they were asked to supply.

When they tried to ask for a refund, all were told the fee was non-refundable under an agreement they were made to sign after they had paid the fee, and the contents of which were not explained to them.

After they filed complaints with the Hong Kong Police and the DMW had taken over their case, a number of the applicants were sent letters warning them that they could be sued and made to pay a penalty of P500,000 in line with the no-refund agreement that they signed.

Migrante's Concepcion tells Tulfo the complainants in Cebu did not receive the NBI summons

But in the wake of Tulfo’s all-out campaign to stop their operation, the Hong Kong applicants all received emails from Opportunities Abroad encouraging them to pursue their application for student visa. However, one applicant said it was obviously a ruse as the emails could not be responded to.

In any case, they said they had lost all trust in Mabatid and her group, especially after their appeals for a refund were brusquely set aside earlier, and when they were threatened with a lawsuit afterwards.

Meanwhile, Opportunities Abroad responded to Tulfo’s maneuvers by posting on their Facebook account visas supposedly granted by the Canadian government to a number of their recent applicants and their families.

“These are just one of the many applicants (sic) that are successful through Opportunities Abroad,” said the post. It called on its applicants to disregard “the bad publicity” and just continue working on their applications.

The post ended with a challenge to the company’s detractors to prove their charges in court and not on social media.

Mabatid posted nearly the same thing on her personal Facebook page, where she also shared two photos of her and her grandson, with the Hong Kong skyline in the backdrop. 

Separately, she posted that she was at the airport about to fly to Hong Kong, as if to show that she can move in and out of the city freely.

This did little to impress the OFWs here who are bent on pursuing the case against her as they all remember Mabatid making the same claim shortly after hot-footing it back to Cebu in June, despite a promise  to give back their money. 

A video she posted then which was supposedly taken in Hong Kong showed her and her companions all wrapped up for the cold – when it was sweltering throughout the city.

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Pilipina ipinaaresto dahil hindi sinipot ang patong-patong na kaso

Posted on 10 October 2023 No comments

 

Dinidinig ang kaso sa Sha Tin Magistracy

Isang Pilipina ang ipinaaresto matapos hindi sumipot kanina sa Shatin Court sa pagdinig ng walong kaso laban sa kanya.

Inutos rin ni Acting Principal Magistrate Amy Chan na kumpiskahin ang piyansang inilagak sa pulis ni Leila W. Fonte, 55 taong gulang, at huwag payagang makapagpiyansang muli.

Ang kasama niyang kinasuhan sa dalawa sa walong kaso, si Ricardo de Austria, 53 taong gulang na kapwa Pilipino, ay nakapagpiyansa ng $1,000 at nakalaya hanggang sa susunod na pagdinig sa Nov. 22.

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Ang dalawa ay inakusahang nagsabwatan sa pagpapagamit ng Hong Kong ID ni de Austria sa isa pang tao, si Mohammed Shah, noong July 2020, na labag sa Crimes Ordinance at sa Registration of Persons Ordinance.

Sila rin ay inakusahan ng money laundering dahil ang account ni de Austria sa Hang Seng bank at CMB Wing Lung Bank ay nagamit sa pagpasok at paglabas ng kabuuang $414,781 na galing sa krimen mula Aug. 6, 2020 hanggang Sept. 7, 2022, na labag sa Organized and Serious Crimes Ordinance..

Maliban sa dalawang kasong ito, si Fonte ay sinampahan ng anim na karagdagang kaso.

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Noong 2016, nilabag umano niya ang Registration of Persons Ordinance nang ipinagamit ang sarili niyang HKID sa kapwa Pilipinang si Merlyn Ibon.

Naulit ang pagpapagamit niya sa kanyang HKID kay Ibon noong September 2021.

Sa ikatlong pagkakataon, Ipinagamit muli ni Fonte ang kanyang HKID kay Ibon noong January 2022.

Pindutin dito

Sa pagitan ng July 2018 hanggang September 2021, nakipagsabwatan si Fonte kay Ibon sa pagpasok at paglabas sa isang HSBC account ng kabuuang $596,611.4 na galing sa krimen, na labag sa Common Law at Crimes Ordinance.

Dahil sa pagpapagamit ng HKID ni Fonte kay Ibon sa pagitan ng July at August 2018, nakakuha si Ibon ng utang na $10,003 mula sa United Asia Finance, na labag sa Common Law at Crimes Ordinance.

Ang ikawalong kaso laban kay Fonte ay ang paglabag sa Immigration Ordinance nang magsinungaling siya sa Immigration officer dahil sinabi niya noong Feb. 11, 2020 habang siya ay kumukuha ng dependant visa, na siya ay nagtatrabaho sa isang restaurant kahit hindi.

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Pilipinang nakitaan ng $1M sa kanyang bank account, kulong ng 8 buwan

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Mahigit $1M ang pumasok at lumabas sa account ni Sahagun sa WeLab (bank brochure)

Sinentensyahan ng walong buwang pagkakakulong ang isang Pilipina matapos aminin ang kasong money laundering na isinampa nang makitang dumaan ang kabuuang halaga na $1,064,000 sa kanyang bank account.

Ayon sa mahistrado na nagbaba ng sentensya kay Janice L. Sahagun, bagamat pangkaraniwan na ngayon ang ganitong kaso, kailangan pa ring maglabas ng matinding babala ang korte para hindi ito pamarisan ng iba.

Si Sahagun, 41 taong gulang at dating domestic helper, ay nakapiit simula pa noong Abril nang mahuli siya dahil sa pag-overstay at paggamit ng droga. Hindi siya pinayagang magpiyansa, at nasentensyahan noong Hunyo ng pagkakakulong ng 5 buwan at 10 araw.

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Dapat sana ay maari na siyang lumaya ngayon, kung hindi nakita ang malaking halaga na dumaan sa kanyang account sa WeLab Bank.

Ayon sa tagausig, dumating si Sahagun sa Hong Kong bilang domestic helper noong 2015, at nagtuloy-tuloy sa pagtatrabaho hanggang ma-terminate noong ika 16 ng Marso ng kasalukuyang taon. Hindi siya umalis bago matapos ang 14 araw na palugit sa kanyang visa, at nang mahuli ay 13 araw nang overstay.

Noong 2021 ay naengganyo daw siyang magbukas ng account sa WeLab, isang online bank, dahil sa ipinangakong gantimpala na $150. 

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Pagkatapos niyang magbukas ng account ay tinanggal daw niya ang mobile application para sa bangko, at hindi niya ginamit ang binuksang bank account. Wala din daw siyang natanggap na bank statement.

Pero noong nakaraang taon ay nakiusap daw sa kanya ang isang kaibigan na hiramin ang kanyang bank account at pumayag siya nang hindi muna nag-iisip.

Sa loob lang ng walong araw, o mula Nov. 8 hanggang Nov 16, 2022 ay may naglabas-masok na pera sa account ni Sahagun na umabot sa kabuuang halaga na $1,064.

Pindutin dito

Sa panahong ito ay nagtatrabaho pa siya sa Hong Kong at sumasahod lang ng $4,800 kada buwan at may food allowance na $1,200.

Ayon kay Sahagun ay wala siyang alam sa perang ipinasok sa kanyang account pero nang makuha ng mga awtoridad ang kanyang mobile phone matapos siyang mahatulang makulong  noong June 23 ay nakitang naka log-in pa siya sa kanyang bank account.

Sa kanyang unang pagharap sa korte noong Aug. 3 ay $170,000 lang ang perang galing sa krimen na unang nakita sa kanyang account, pero sa ginawang patuloy na pagsisiyasat ay nakitang di hamak na mas malaking halaga ang pumasok dito.

Nakiusap ang abugado ni Sahagun na gawing mas mababa sa 12 buwan ang pamantayan ng pag sentensya sa akusado. Nagbanggit ito ng isang kaso kung saan ang isang akusado na nakitang ginalaw ang malaking pera na dumaan sa account niya, na galing pa sa krimen na ginawa sa ibang bansa, ay 12 buwan lang ang ginamit na pamantayan.

Sa kaso daw ni Sahagun ay walang nakitang ebidensya na may naging parte sya sa malaking halaga na pinadaan sa account niya, at wala ding palatandaan na ang krimeng pinanggalingan ng pera ay naganap sa ibang bansa.

Hindi naman ito pinansin ni Magistrate Leung Siu-ling na nagsabing dapat lang na mag-umpisa sa 12 buwan ang pag sentensya kay Sahagun dahil sa laki ng halagang sangkot sa kaso laban sa kanya. Binigyang pansin din niya na ang mahigit $1 million ay pinadaan sa kanyang account sa pamamagitan ng 5 pag deposito sa loob lang ng 8 araw.

Binigyan niya ng 1/3 na discount sa sentensya si Sahagun dahil sa kanyang pag-amin at malinis na record kaya 8 buwan pa rin siyang mananatili sa kulungan.

Ang paggamit o paghawak ng perang galing sa krimen o money laundering ay isang paglabag sa sections 25(i) at 25 (3) ng Organized and Serious Crimes Ordinance, Cap 455, na nagtatakda ng  karampatang parusa na aabot sa 14 taon na pagkakakulong, at $5 million na multa.

 

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Death threat from boyfriend not enough ground for asylum, says High Court

Posted on 09 October 2023 No comments
The Philippines is big enough for someone feeling threatened to move to another place, says the HC

A Filipina overstayer who sought to stop her deportation to the Philippines on the ground her former boyfriend would harm or kill her if she returned, failed in her bid to challenge Immigration’s decision to reject her application to remain in Hong Kong.

B. M. Banglayan, 38, had sought leave for a judicial review against the decision of the Immigration Dirctor and affirmed by the Torture Claims Adjudication Board in January 2019, to deny her non-refoulement application, or against being sent back home.

Banglayan arrived as a tourist in Hong Kong on Aug. 12, 2015 and overstayed, but was arrested by the police on Sept. 22 of  the same year.

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While being investigated by the Immigration Department she filed a claim for non-refoulement, saying that if she was returned to the Philippines  she would be harmed or killed by her former boyfriend for leaving him and putting an end to their relationship.

She was released on recognizance while her claim was being determined.

According to the applicant, she was born and raised in Sagada, Mountain Province in the Philippines. After leaving school she began dating her boyfriend who ran a garment business in Baguio Cty.


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In 2012 she went to Singapore to work as a domestic helper and on her return to the Philippines two years later her boyfriend proposed to her and they agreed to live together in Baguio City before getting married.

While staying in his home, Banglayan said she found out that her boyfriend was a drug addict and a drug dealer so she decided to leave him. But when she told him that she did not want to go ahead with the wedding her boyfriend got angry and beat her up.

After another beating she decided to flee to her sister’s house, and later to Palawan. But when she heard that her boyfriend was still looking for her she decided to leave the Philippines on Aug 17, 2015 and sought refuge in Hong Kong.

Pindutin dito

Following a hearing of her claim for non-refoulement, the Immigration Director rejected the applicant’s application on Mar 29, 2018 on all the applicable grounds, including risk of torture and cruel, inhuman or degrading treatment; and of her rights being violated under Article 2 of the Bill of Rights.

In his decision, the Director said he found no substantial grounds to believe that there was any real threat to her life at the hands of her former boyfriend due to the low intensity and frequency of past ill-treatment from him, or that he was still after her in all the years that she was away from the country.

In any event it was a private relationship dispute between them that could be addressed by the applicant seeking state or police protection, said the Director.

Further, with the Philippines having more than 300,000  kilometers of territory and a large population of 104 million it was reasonable to assume that the applicant could relocate elsewhere to get away from the perceived threat from her boyfriend.

The applicant appealed the judgment to the TCAB but after an oral hearing, the Board decided to affirm the Director’s decision and dismiss her appeal.

Subsequently Banglayan filed for permission for a judicial review of the Board’s decision but cited no new ground.

As such, Judge Bruno Chan declined her application, saying that in the absence of any error of law or irrationality or procedural unfairness in the Board’s decision-making process being clearly identified, “there could be no reasonably arguable basis for her intended challenge.”

Judge Chan also reiterated the Director’s finding that the applicant was not entitled to protection from Hong Kong because the risk of harm she claimed was a localized one and it was not unreasonable to assume that it was safe for her to relocate to other parts of the Philippines 


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T3 now in force

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Latest photo from the Observatory shows Victoria Harbour off Central with overcast skies

The Observatory downgraded the Standby Signal to T3 at 11.40am today, Monday, as Typhoon Koinu moved away from Hong Kong.

It replaced T8 which was hoisted as of 11:50pm last night just before Koinu came closest to the city, and was in force for about 12 hours. .

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The black rainstorm warning issued early this morning has also been lifted.

All classes will remain suspended for the day but offices will reopen this afternoon, along with services at all public clinics.

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Courts will remain closed, and all hearings scheduled for today have been moved tomorrow.

The Hospital Authority reported that as of 10am today 29 people comprising 16 men and 13 women have sought medical treatment at public hospitals for typhoon-related injuries.


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The Home Affairs Department meanwhile has opened 29 temporary shelters in various districts and 294 people have sought refuge.

As of 11:30am the Fire Services and the government's 1823 Call Centre received a total of 44 reports of fallen trees while there were seven reports of flooding and two of landslide.


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T8 to be lowered to T3 at 11:40am

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Muggy day over Tsim Sha Tsui east is captured by the Observatory's camera

The Observatory said it would issue the Standby Signal No.3 at 11.40am today, Monday, after 23 hours of higher warnings hoisted as Typhoon Koinu moved within 70 kilometres of Hong Kong.

As of this time, T8 has been in place since 11:50pm last night, just before Koinu came closest to the city. The black rainstorm warning has also been issued.

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By 8am, Koinu was centred about 120 kilometres southwest of the SAR, and it was forecast to move west or west-southwest crossing the Western coast of Guangdong. By 7am, it had weakened to a severe tropical storm.

In the past few hours, heavy rain associated with Koinu has fallen across Hong Kong, said the Observatory. More than 100 millimetres of rainfall has been recorded over many places since midnight, and rainfall even exceeded 200 millimetres over the eastern part of Hong Kong Island, Kowloon East and Tseung Kwan O.

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As of 8am, 15 men and 13 women sought treatment at various hospitals due to typhoon-related injuries.

There were 23 reports of felled trees, four confirmed reports of flooding, and one of a landslide.

All schools have been closed for the day, as well as all child care centres, elderly services centres and day rehabilitation units.

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Emergency services at public hospitals remain normal, but general out-patient clinics, specialist out-patient clinics, allied health and other day services are closed.

The Home Affairs Department has so far opened 29 temporary shelters in various districts and 289 people have sought refuge at the shelters.

All courts have been closed for the entire day as well.

Meanwhile, the MTR said it was closing some exits of Choi Hung, Wong Tai Sin and Sham Shui Po stations in anticipation of heavy downpours.

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T9 hoisted, all classes suspended tomorrow

Posted on 08 October 2023 No comments

 

Hazy view of Victoria Park at about 9:30pm tonight - HK Observatory photo

Storm Signal No 9 hoisted by the Hong Kong Observatory at 7pm today remains in force as Typhoon Koinu moves within 70 kilometers of the city.

It is expected to come closest to Hong Kong before midnight tonight. Before then, T10 may be issued depending on changes in the local wind conditions.

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As T8 will remain in force at least until 11am tomorrow, Oct. 9, classes in all schools will be suspended for the whole day to ensure students’ safety.

In the past hour, the maximum sustained wind recorded was 103 kilometres per hour at Tate's Cairn, with maximum gusts exceeding 132 kilometers per hour.

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According to the Hospital Authority, as at 8pm today, a total of 10 people, comprising five men and five women sought medical treatment as a result of the typhoon.

The Home Affairs Department has so far opened 29 temporary shelters in various districts where 162 people have sought refuge.

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The Fire Services Department and the Government's 1823 Call Centre received six reports and eight reports of fallen trees respectively, but no report of landslide or flooding has been received.

According to the Airport Authority, about 90 flights could be cancelled and another 130 slightly delayed throughout the day. However, 520 flights had arrived or left Hong Kong earlier without a problem.

Pindutin dito

The delays are expected to be light, lasting about 30 minutes each, and passengers are urged to inquire with the airlines regarding the flight status.

The Airport Express has operated as usual, but the shuttle bus to and from Tung Chung has been providing limited service. If a higher signal is hoisted, the services might be suspended.

All schools were closed today, and most offices and shops were shut after T8 was raised at 12:40pm.

There has been no word yet on whether classes and businesses will resume as normal tomorrow.

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Pilipina balik-kulungan sa kasong pagnanakaw

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Isang Pilipinang inakusahan ng pagnanakaw ng mahigit $35,000 ang kabuuan mula sa kanyang amo ang ibinalik sa kulungan matapos tanggihan ang alok niyang piyansa noong Biyernes (Oct. 6) sa Eastern Court.

Nag-alok ng $1.000 ang abogado ni Susan Palacio, 40 taong gulang, upang makalaya siya nang pansamantala hanggang sa susunod na pagdinig, pero tinutulan ito ng taga-usig.

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“Pinag-isipan ko ang alok mo at tinatanggihan ko ito dahil sangkot sa kaso mo ang paglabag ng tiwala at mabigat ang ebidensiya, laban sa iyo” sagot ni Principal Magistrate Ivy Chui bilang pagpanig sa taga-usig.

“Pero may karapatan ka sa bail review,” dagdag niya. Ito ay ang muling pagdinig sa kaso upang pag-usapang kung may nabago sa kalagayan ng kaso na sapat para payagan na makapagpiyansa si Palacio.

Itinakda niya ito sa Oct. 13.

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Pindutin dito

Akusado si Palacio sa pagnanakaw ng HK$30,000, 200 Australian dollar (HK$1,000) at 500 Euro (HK$4,150)

Nangyari ang sinasabing nakawan sa pagitan ng July 15 at Oct. 1 ng taong ito, nang arestuhin siya sa bahay ng amo sa Stanley Prison Staff Quarters sa Stanley, Hong Kong.

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