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Tuesday, November 4, 2014
Tuesday, November 26, 2013
NELSON BORJA: LEGAL LUMINARY
ATTY. NELSON B. BORJA, a widower for 18 years, came from a poor family in Panay, Capiz. During his younger years, he worked at the fishpond and became a truck-helper plying finished products of nipa and other basic commodities between Capiz and Iloilo. He also sold sweepstakes- tickets while studying but then forced to quit his studies due to extreme poverty.
At the age of 19, he went to Manila with life full of uncertainties. He used to sleep at the ringside of then Besa Arena Boxing Stadium (now Metropolitan theater) at Plaza Lawton, Sta. Cruz, Manila where he experienced occasional hunger. It was his townmate Ramon Bosales who saw him through those days. Later, he worked as a laborer at Vitarich Corporation in Bulacan, and then enlisted as private at the PC Special Forces.
While serving as investigator, he went back to college in 1969 as a working-student and obtained a degree of B.S. Criminology at the University of Manila. Despite hardships and financial constraints, he finished Bachelor of Laws in 1978 and passed the Bar Examinations on the same year. He was commended by his Commanding General for being the first Metrocom soldier who hurdled the rigid examinations. From the rank of Technical Sergeant, Borja was called to active duty as 2nd Lieutenant of the Philippine Constabulary until he left the military in 1982 with a reserved rank of Captain in the AFP Judge Advocate General Service.
During his student’s days, Borja was a half-scholar and active student-leader after he was elected President of UM Criminology Student Council in 1972. He was also a recipient of silver and bronze medals as a debater and 2nd placer in Legal Essay Writing Competition. He graduated Advanced PC-ROTC and later Probationary Officers Training Course where he landed No. 6 out of 147 Officers.
As Chief Investigator and Junior Officer of the PC Metrocom, he finished several military and police trainings and schoolings. He was responsible in the solution of high-profile cases and busting of various criminal syndicates engaged in big-time extortions, robberyhold- ups, high-jackings, kidnappings, etc. in Metro Manila, and the apprehension of controversial Margarita Carian who was posing as Malacanang Agent victimizing government officials in her nefarious activities. He was a recipient of four (4) Military Commendation Medals, and several Commendations and Citations from his former Commanding Generals and then PC Chief General Fidel V. Ramos for exemplary performance that earned him the highest nomination for the Most Outstanding Junior Officer of the Year in 1981. He was also assigned legal officer of then PC Judge Advocate (now PNP Legal Service).
The uncompromising stand of Borja against any form of injustice perpetrated by the rich and influential against the lowly, his courageous display in the solution of high-profile cases and his exploits in busting various criminal syndicates are not far-fetched from any true-to-life story of prominent personalities being shown in the movies.
After more than 14 years serving the military with utmost integrity, Borja returned to his private life and started his law practice in 1982 with nothing on hand except the meager amount of P 2,000.00 which at the time he loaned from GSIS. Thus, it was only then he got married to his long-time girlfriend in 1984.
As a lawyer, Borja attended various seminars in law and jurisprudence at the UP Law Center and Quezon City’s Integrated Bar of the Philippines. He was also awarded three plaques of Appreciation by the Rizal-Metro Manila Tri-Media as its Adviser and as one of the incorruptible and true legal practitioners in 1988.
He was responsible for the acquittal of former national swimmer Djila Winebrenner and several foreign nationals for various criminal offenses; the acquittal of former Mr. Philippines Sgt. Ernesto Ybanez for Multiple Murder and whose true-to-life story was shown in the movie “Tirtir Gang” in 1990s.
Borja was also a co-defense counsel of high-profile cases involving controversial PC Col. Rolando Abadilla who was charged and acquitted for various crimes against national security; the defense lawyer of former Negros Provincial Commander Col. Francisco Agudon and 9 others who were exonerated with Multiple Murder; the exoneration of P/Cpl. Jess Remolacio in the celebrated kidnapping and double-murder of Cochise-Beebom Bernabe Castanos; the exoneration of John Mark Doromal in the killing of controversial child-actress “Strawberry”; and co-counsel in the acquittal of controversial Bulacan Mayor Honorato Galvez who was charged in the killing of a La Salle student and wounding of 2 others.
He also served as defense lawyer of the late action star Ace Vergel in a number of criminal and civil cases; QC policeman Elmer Buena who was charged in the murder of his wife whose body was found under the bridge of Marikina river; the successful recovery of Lido Beach Resort against the former Mayor of Noveleta, Cavite; the former Mutya ng Pilipinas 1997 Esabela Cabrera who was divested of her crown and prizes; and several other controversial cases involving prominent personalities.
As part of Christian charity, Borja also extended free legal services to countless poor litigants in their quest for truth and justice. Among those where Atty. Borja also gained prominence was the acquittal by the Supreme Court in 1997 of a fishvendor Fernando Gallera, the first death-convict after the reimposition of Death Penalty Law, and who was charged with rape and robbery. This was preceded with the acquittal by then Judge Maximiano Asuncion after a new trial of Olympia Andres, a poor single-mother from Baguio City who was earlier convicted for transporting of marijuana and sentenced to life imprisonment.
As a criminal lawyer, Borja was a legal-analyst in several TV programs during the promulgation of a former Congressman and the acquittal of first death-convict Fernando Galera; and the issue against the Death Penalty which led to the earlier suspension on the execution of death-convict Leo Echegaray.
On constitutional and political issues, Borja wrote articles for Manila Bulletin on the Concept of Revolutionary Government after President Aquino rose to power in 1986, and the issue of Constitutional Change during the time of President Ramos – that the six-year term limit is too short for a good president but too long for a corrupt one. On several occasions, he was a guest-panelist in different TV programs on conflicting legal and political issues.
Borja also shared his inspiration when he took the responsibility to take care of his loving wife Yvonne who was diagnosed of cancer in 1991. Despite his many setbacks and got widowed, Borja continued to persevere for his then 5-year old son with strong faith in the Lord – and it took him about 3 years to fully recover from grieving a loved one. As a single father, he raised his only son Niel Anthony who excelled in academics, graduating Salutatorian both in elementary and high school at Kostka School in Quezon City. In 2006, Niel graduated Political Science minor in English at the Ateneo de Manila University, and now in his 3rd year at the Ateneo Law School.
At present, Borja has already reached his peak and realized the fruits of his labor as a trial lawyer. He also plans to join politics and being groomed to run for Congressman in the 3rd District of Quezon City where he could make use of his legal expertise and help the less-fortunate. Borja confided the secret of his success through honesty, courage, self-discipline, hardwork, dedication to legal profession and the spiritual values imparted to him by his deeply-religious wife.
But most of all, being a God-fearing, humble and compassionate to the plight of the poor – he being mindful to the motto of his late mother: “MALUOY KA”.
He has a piece of unsolicited advice: “Don’t forget to pray and be a good son or daughter to your parents”. And I hope that my humble beginnings, my perseverance, and professional contributions will serve as an inspiration to others, Borja concluded.
Borja to GMA: Pour projects in Capiz
By Joel E. Capundan
http://www.thenewstoday.info/2009/09/09/borja.to.gma.html
September 9, 2009 Iloilo City, Philippines
Roxas City – A noted criminal lawyer Nelson B. Borja has appealed to President Gloria Mapagal-Arroyo for government assistance on infrastructure and livelihood projects in his hometown province of Capiz.
In his letter sent through Department of Transportation and Communications (DOTC) Secretary Leandro R. Mendoza, Borja said that it is his moral duty to look back to his roots and Capiz is the only province in Region 6 which is left behind in terms of infrastructure and livelihood projects under the present administration.
He also stressed that various parts of Luzon, Visayas and Mindanao have enjoyed the benefits of countless government projects, but the sad plight of majority of the people who continue to suffer the ill-effects of the economic recession was due to high prices, inadequate infrastructure and livelihood projects, lack of employment opportunities and basic social services from the government.
Borja said that while the local officials in the province are committed to continue serving the people, their sustained efforts for the basic necessities of the less-fortunate are not enough.
Earlier, he also appealed to Tourism Secretary Joseph “Ace” Durano to consider Capiz as another tourism destination in order to create livelihood and to dispel a false and malicious speculation that the province is a haven “aswang” (witches).
He also lamented that Capiz is being ruled by political opposition should not be associated with a great number of its people who continue to believe the sincerity and leadership of the hardworking president.
Borja is being groomed to run for a congressional seat in the first
district of Capiz this coming May 2010 election as he pledged to the President
that any government assistance to the province of Capiz would serve as her
enduring legacy especially at her crucial remaining ten months in office.
Dethroned ‘Mutya’ wants more after QC court victory
By Julie M. AurelioPhilippine Daily Inquirer
10:33 pm | Friday, September 27th, 2013
VINDICATED BEAUTY According to the lawyer of Esabela Cabrera, shown here in her winning form at the 1997 Mutya ng Pilipinas beauty pageant, she deserves more than the amount earlier set by the court to compensate for her “emotional insecurity and personal embarrassment’’ following her dethronement 16 years ago.
MANILA, Philippines—How much does it cost to appease a deposed “queen”?
A dethroned Mutya ng Pilipinas winner is asking a Quezon City court to increase the amount that the pageant organizers should pay her, after she sued for damages 16 years ago and won her case in July.
According to her counsel, Esabela Cabrera suffered “strenuous, offensive and scandalous indignation” after being stripped of her Mutya title in 1997 due to her pregnancy and impending marriage.
Lawyer Nelson Borja filed a motion on Thursday in the sala of Assisting Judge Ma. Rita Bascos-Sarabia of the Quezon City Regional Trial Court Branch 221, asking the court to order the organizers to pay P1.87 million.
In a July 1 ruling favoring Cabrera, the court set the amount at only P1.1 million. It included P400,000 representing Cabrera’s prize as Mutya 1997 winner, P500,000 in moral damages, P100,000 in exemplary damages and P100,000 in attorney’s fees.
Ordered to pay were The Miss Asia Pacific Quest Inc., which promotes, manages and administers the pageant; Carousel Productions Inc., the producer; Ramon Monzon, then president of Carousel; Leandro Enrique, then president of Miss Asia; and co-organizer Lorraine Schuck.
Also ordered to pay was the 1997 first runner-up, Annie Moraga, who replaced Cabrera and received the prizes as the reigning queen.
But in the motion, Borja asked the court to increase the compensatory damages to P420,000; the moral damages to P1 million; the exemplary damages to P300,000 and the attorney’s fees to P150,000.
“Plaintiff had no other recourse but to struggle under pain of public humiliation and moral discrimination while studying at De La Salle University-Dasmariñas. (She went through) the same feeling of emotional insecurity and personal embarrassment even in her workplace at different corporations,” the lawyer stressed.
“Plaintiff is now emotionally relieved and gloriously vindicated by the wisdom and sense of justice of this court, but had to content herself with an ordinary employment from one private corporation to another up to the present,” Borja added.
Cabrera filed a civil case after the organizers stripped her of the title on May 6, 1997, three days after she was crowned.
In the July 1 decision, Judge Sarabia gave weight to her claim that the defendants did not give her due process before she was dethroned.
QC judge awards P1.1 M to dethroned beauty queen
By Reinir Padua (The Philippine Star) | Updated September 11, 2013 - 12:00am
MANILA, Philippines - A judge has ordered the organizers of the Mutya ng Pilipinas beauty pageant to pay P1.1 million in damages for stripping 1997 winner Esabela Cabrera of her title and crown without due process.
The ruling by Assisting Judge Ma. Rita Bascos Sarabia of the Regional Trial Court Branch 221 in Quezon City was dated July 1 but received by Cabrera’s lawyer, Nelson Borja, last Saturday.
Sarabia ordered the Miss Asia Pacific Quest, Inc., organizer of Mutya ng Pilipinas Pageant; Carousel Productions, Inc., producer of the pageant; Ramon Monzon, then president of Carousel; Leandro Enrique, then president of Miss Asia Pacific and Lorraine Schuck, co-organizer of the pageant; and first runner-up Sheryll Moraga, who replaced Cabrera and received the prizes, to pay the damages.
Cabrera was crowned as the 1997 Mutya ng Pilipinas, with prizes, in cash and in kind, amounting to P400,000. She was also chosen as Miss Avon and Miss Lux, with both awards carrying cash prizes of P10,000 each plus the opportunity to be a model of Avon Cosmetics and Unilever Philippines, Inc.
Cabrera, through her lawyer, filed in 1997 the case of specific performance with damages and issuance of preliminary prohibitory, mandatory injunction or temporary restraining order a few weeks after she was stripped of her crown.
According to court records, the organizers said the father of Cabrera’s boyfriend informed them that Cabrera was
pregnant and was supposed to marry his son soon. Cabrera denied the allegation, but Schuck demanded that the beauty pageant winner submit a resignation letter.
During her meeting with Schuck and Monzon, Cabrera repeatedly and vehemently denied that she was pregnant and would soon get married.
Monzon and Schuck eventually secured from Cabrera a letter referred to as the “resignation letter” as the reigning queen of Mutya 1997. Schuck purportedly told Cabrera that the resignation letter would only serve as a guarantee that if she could not comply with her commitments, it would be submitted to Enriquez and the board for deliberation.
Weeks later, she and her parents did not hear from the defendants until she learned from the newspapers that she was already dethroned and replaced by Moraga. She sent several demand letters to the respondents, urging them to recognize her as the official winner of the pageant but they refused.
In their defense, the organizers claimed Cabrera voluntarily prepared the resignation letter, which her mother gave to Schuck.
Sarabia gave weight to Borja’s arguments that the defendants did not give Cabrera due process before she was dethroned.
“This court is not persuaded with defendants’ claims and defenses. The important matter on the ‘resignation’ of the plaintiff was not brought for agenda, discussion and other official resolution of the board of directors of the concerned corporate entity,” the judge said.
Court junks case vs. Tulfo brothers
by Chito A. Chavez, November 7, 2013 (updated)
Manila, Philippines – A Quezon City judge yesterday junked the grave threats case filed by estranged couple Raymart Santiago and Claudine Barretto against brothers Erwin, Raffy and Ben Tulfo over the broadcasters’ statements aired on their television show last year after the couple failed to attend yesterday’s scheduled hearing.
Atty. Nelson Borja, counsel for Erwin Tulfo, said the Tulfo brothers immediately moved for the dismissal of the case as the court had already issued a warning against the couple after they failed to appear in the pre-trial scheduled last September.
Quezon City Metropolitan Trial Court Branch 38 Judge Lyn Ebora Cacha provisionally dismissed the case against the Tulfos after the complainants were a no-show.
The case stemmed from the supposed threats uttered by the Tulfo brothers in their television program on May 7, 2012 a day after the celebrity couple figured in an altercation at the Ninoy Aquino International Airport (NAIA) with Ramon Tulfo, the older brother of the respondents.
In a November 2012 resolution, Assistant City Prosecutor Rowena Balagtas found probable cause to file two counts of grave threats against Erwin and Raffy and one count for Ben due to their threats that “alluded the infliction of physical harm upon complainant spouses.”
“The threatening words of respondents caused intimidation in the minds of complaining spouses,” Balagtas said.
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