Warrant of arrest issued vs Atty. Joel Bander in 2008

Above is a photocopy of the warrant of arrest issued against Atty. Joel Bander in 2008, two years after he was charged with "Acts of Lasciviousness" and "unjust vexation" for allegedly sexually abusing a Filipina in 2006 but has reportedly not appeared in court for months.

Two years after being accused of molesting a Filipina, the U.S. lawyer became a wanted man in the PHL

By Rhony Laigo

Last week, we here at Balita presented compelling evidence that may have disputed the pseudo investigative reporters’ claim in their new newspaper – which they call their new baby – that showed that there was an incident that allegedly took place on July 15, 2006 involving U.S. lawyer Joel Bander for reportedly molesting a Filipina client. The Filipina claimed the incident took place in a Manila when she came to the office of Atty. Joel Bander to help her secure a U.S. visa.

Though graphic in nature, the photocopy of the criminal information we published last week described how Atty. Joel Bander allegedly committed “Acts of Lasciviousness” against the person of one Cristina San Jose Y Aler at the Imperial Bayfront Tower, where Bander allegedly was entertaining clients. The same criminal information was the basis for the People’s Tonight story and its reporter, Allan Bergonia, when he wrote that Bander was slapped with the criminal case for committing “acts of lasciviousness” and “unjust vexation.” A photocopy of the same People’s Tonight story of Mr. Bergonia was also published in our midweek edition, which can be read in its entirety in our website balita.com.

The main reason for presenting the documents in our previous issue was to dispel the claims of the pseudo investigative reporters, who we will refer here as dogs so we can all identify them as being staffmembers of their newspaper which bears part of the same name. Two weeks earlier, these dogs published a story claiming that this author based his letter to the commissioner of the Bureau of Immigration of the Philippines on a “People’s Tonight story” that they said was later “retracted by People’s Tonight.” According to the dogs, People’s Tonight deemed it “untrue and without basis” and that the complainant was “fictitious.” Even the subhead of their article said that this author “was unaware” that the complaint “was filed by (a) fictitious accuser.”

Perhaps, the dogs didn't know that such criminal information did exist that stated that a certain Cristina San Jose swore before a prosecutor when she filed the complaint back in July 2006.

Therein lies the problem of the dogs. The real People’s Tonight story stated that Bander was facing criminal charges based on a true incident report and a true complaint filed before a Manila Prosecutor’s Office, specifically at the Metropolitan Trial Court, Branch 27, as written by Bergonia.

The dogs claimed in their so-called investigative reporting that the same newspaper, People’s Tonight, published the same incident, but the dogs stated that People’s Tonight published it as being filed in Taguig, Branch 78. However, as we presented here last week, and as posted on our website, the story of Mr. Bergonia didn’t make any mention of Taguig, nor Branch 78. Bergonia also wrote that the complaint was filed at the Manila Prosecutor’s Office.

At this juncture, Balita poses this challenge to the dogs – who may have been FED not with “dog food” by their master/owner but maybe RAT POISON (but since they’re animals they ate them anyway not even thinking that they didn’t have the actual documents with them) – to produce their own copy of People’s Tonight that stated otherwise.

Be that as it may, as we have promised last week, we are presenting here another document that may eventually kill whatever credibility these pseudo investigative reporters have (if they had any) for being careless, unprofessional and unworthy of their claim to be the dogs of the community.

As you can see, the warrant of arrest issued against Atty. Joel Bander on July 10, 2008 was based on the same July 2006 incident. Although the dogs reported that Bander attended the initial hearings against him, there were no succeeding appearances made on his behalf or by him in person that warranted his arrest, the Manila prosecutor’s office told Balita.

According to the court, Mr. Bander could no longer be located and that his attorneys could no longer make representations on his behalf. The warrant of arrest was signed by Judge Joel A. Licuanan of Branch 27, Manila, Metropolitan Trial Court.

In 2011, Bander appeared before the same judge, or five years after the 2006 alleged molestation incident and a year after erstwhile BID Commissioner Marcelo Libanan issued a watchlist order on Bander in 2010.

Libanan reportedly found out that Bander made trips to the Philippines at least five times in 2009 but never faced the courts nor inquired about his case, when he knew for a fact that a criminal case was filed against him. He apparently never even informed his lawyers that he’s been to the Philippines several times.

But what’s funny was that the dogs also wrote about the dismissal of the case – a stark evidence that there was indeed a case and has been pending since 2006. For these dogs to infer that People’s Tonight – the most popular afternoon daily tabloid in the Philippines – retracted its own story because it was “untrue” and “without basis” was ill-advised and laughable to say the least. And did we mention that the warrant of arrest was issued in 2008 or two years after the case was filed in a criminal court?

(Next week, we will publish parts of articles that will portray the character of Atty. Joel Bander and why several Filipinos filed a complaint against him at the California State Bar.)

Setting the record straight: Atty. Joel Bander was wanted in the Philippines for 'Acts of Lasciviousness'

A copy of People's Tonight disputes a claim by another newspaper regarding the alleged molestation incident by Atty. Joel Bander against a Filipina woman he claimed to be fictitious.

THE PROBLEM with pseudo investigative reporters is that they never verify any claims, especially if these are provided by their own boss. You may have recently seen a new tabloid in the market that “reported” on events that another newspaper had published, which happened to be us, Balita.

To set the record straight, we are providing here a copy of a People’s Tonight story, (“The High Price of US Visa”) dated July 22, 2006. In the story, you can see that Allan Bergonia wrote that the complaint was filed before the “Manila Prosecutor’s Office.” The complaint was filed, according to the story, “yesterday” or July 21, 2006.

Unlike what the other paper had printed, Bergonia didn’t write any other city or place other than Manila. Maybe the pseudo investigative journalists have a different People’s Tonight copy because they had stated that the complaint was filed in a fiscal’s office that “does not exist.” Also, Bergonia’s story didn’t say any word about “illegal recruitment charges” as published by the other paper.

But the next document that Balita possesses and that we are providing to you here tells a story that such person that the other paper said was “fictitious” may be a real person when she filed the complaint.

How, you may ask?

Above is the criminal information filed by the Manila Prosecutor's Office on October 17, 2006 against Atty. Joel Bander on behalf of a Filipina who claimed that she was molested by Bander. The case "People of the Philippines versus Joel Bander" accused the lawyer of "Acts of Lasciviousness" based on an alleged incident whereby the woman, who said she came to Bander to seek his help in acquiring a U.S. visa, was reportedly abused by Bander back in July 2006.

1. As stated, the case was filed at Branch 27 of the Metropolitan Regional Trial Court, City of Manila as so stamped. The case is docketed as Criminal Case # 433318 and filed on Oct. 17, 2006.

2. The case says “People of the Philippines” versus “Joel Bander” with the address Imperial Bayfront Tower, 1624 A. Mabini St., Ermita, Manila. As stated, Joel Bander, who Bergonia wrote was “An alleged trader who assists applicants in securing United States visas” is the accused.

3. 2^nd Assistant City Prosecutor Rector E. Macapagal, Chief of the Eight Division, so stated that the “undersigned Assistant City Prosecutor, upon sworn complaint fi led by the offended party CRISTINA SAN JOSE Y ALER…hereby accuses JOEL BANDER, of the crime of ACTS OF LASCIVIOUSNESS...” In case you missed it, UPON SWORN COMPLAINT.

Now, for the benefit of all pseudo investigative reporters, before any prosecutor files a case, a police report is required. According to Bergonia, Ms. San Jose filed the complaint before the Manila Police District.

Bergonia wrote that Bander allegedly molested the complainant and that the incident allegedly took place on July 15, 2006. This means that the prosecutor and the police investigator worked for three months to verify if such complaint merits the filing of the case. To understand this better, perhaps an episode of Law and Order would be helpful, especially for those who never even covered the police beat (where most if not all cub reporters begin their professional careers to become full-fledged journalists) and the courts.

What we’re trying to say here is, the prosecutor doesn’t just invent a person to criminally prosecute any person, let alone a foreigner, which the Philippines has been courting to conduct business in the

Philippines, invest there and spend their dollars in the country. (But then again, U.S. Ambassador to the Philippines Harry Thomas revealed, albeit carelessly, that almost half of all Americans who come to the Philippines go there to engage in sex, but that is another story.)

In the People’s Tonight story, Bergonia wrote that Ms. San Jose said “she gave Bander $100 as partial payment for the visa application.” The story goes that Ms. San Jose had sought Bander’s “help” in getting a U.S. visa.

Several years later, the case was dismissed and Bander claimed that Ms. San Jose was fictitious and because the complaint was based on “trumped up charges.”

It should be noted, however, that Ms. San Jose was seeking Bander’s help for a visa five years earlier, back in 2006. This could mean that Ms. San Jose has been wanting to leave the country for greener pastures.

Balita, which, as mentioned by the other paper, had gone to the Philippines – because this is how an investigative story is conducted – had inquired from the prosecutor’s office about the Bander case. Indeed the documents showed that there was a case filed, that a certain Ms. San Jose swore before a prosecutor, and a People’s Tonight story was published.

Five years may have been too long and perhaps Ms. San Jose is no longer in the Philippines. Besides, how could the case progress when the accused was never present in the Philippines? And this we will present why in our next issue.

(Next week, we will publish here a copy of the warrant of arrest. We will also present more legitimate and legal documents in succeeding issues.)

Mt. Pinatubo@20 Photo Exhibit: More than just pictures, it was a reunion of survivors

(Standing from left) Nick Sagmit (formerly of Manila Bulletin), Mike Pusing (former PIO of then Mayor Richard Gordon, Olongapo City and organizer of Mt. Pinatubo@20 Photo Exhibit), Rhony Laigo (formerly of Times Journal), Myrna Aquitania (president of Filipino American Press Club of Los Angeles), Zen Lopez (curator and civic leader), Consul General Mary Jo Bernardo Aragon, City of Carson Mayor Jim Dear, Miss Beauty of the Philippines USA 2011 Erina Lightholder, Councilman Elito Santarina (City of Carson), Charie Villa (ABS-CBN Head of News and Online Business Regional Network), Tourism Director Annie Cuevas-Lim, Heraldo "Boy" Cabrido (formerly of Philippine Daily Inquirer), Joe Galvez (GMA-7 Online Editor and president of Press Photographers of the Philippines), Ted Aljibe (chief photographer of Agence France Presse, Manila Bureau), (seated from left) Val Handumon (photographer, European Pressphoto Agency, Manila Bureau), Ernie Sarmiento (current chief photographer of Philippine Daily Inquirer) and Angie de Silva (freelancer, consultant for YKL Fuji Film, Manila). Inset is Albert Garcia (current Manila Bulletin Photo Editor).

It’s been 20 years and yet the memories were still vivid in their minds. The photojournalists who risked life and limb to capture the moments of the Mt. Pinatubo eruption had only one thing in their mind: perform their assigned task to take the best picture possible in the best possible place.

It’s no wonder why a select group of Filipino photojournalists braved facing nature’s fury to work on one of the most daunting coverage ever. Not that they had little regard for their safety, but the urge to frame a picture that “tells it all” was much more compelling at that time as shown by the photographs now on display at the Mt.Pinatubo@20 Photo Exhibit at the Southbay Pavilion in the City of Carson. These pictures, chosen by a panel of Manila’s top press photographers, deliver reality, the truth, and the impact to humanity.

There are about 100 pictures in the City of Carson exhibit which were flown in by photojournalists from the Philippines that gave the awe-stricken and the curious a glimpse of how it was like during the eruption on June 15, 1991 and the days that followed. The Mt. Pinatubo eruption killed about 800 people, buried several towns around the volcano and destroyed properties worth billions.

Garbed in Barong Filipino, the photojournalists opened their initial U.S. leg of the photo exhibit in large formats sponsored by YKL Fuji Film in the City of Carson to celebrate the Filipino Heritage Month. The event was made possible through the invitation of the City Council led by Mayor Jim Dear and Filipino American Councilman Elito Santarina and the organizers of the Tambayayong Festival led by Sining Kambayoka president Edgar Lopez and project director Peter Calma.

The idea behind the photo exhibit that began in the Philippines was conceptualized by Mike Pusing, who at that time was in charge of the journalists covering the event as far as providing them shelter and direction. Pusing served as the public information officer of then Olongapo City Mayor Richard “Dick” Gordon, whose office was turned into a barracks by the reporters and photographers both foreign and local covering the eruption. 

It was Pusing who reminded Heraldo “Boy” Cabrido, who used to cover for Philippine Daily Inquirer and who just like the other photojournalists may have forgotten the seemingly now dormant volcano, that it’s been 20 years since Mt. Pinatubo roared and changed the topography of Central Luzon.

At that time, Cabrido was with 10 other photojournalists in Botolon, Zambales. All 11 in three separate vehicles were the most celebrated, for the lack of a better word, among all those who covered the eruption. Among the 11 was Albert Garcia, now photo editor of Manila Bulletin, whose photograph in full color captured what turned out to be the most compelling shot that showed the power of Mt. Pinatubo while exploding, followed by a searing pyroclastic flow racing against its slope, enveloping everything in its path and was going after him and the rest of the photojournalists, most of whom thought would never see another day.

Garcia narrated that he was in the second vehicle. While the others sought cover and prayed that they’d be saved, Garcia was busy focusing his camera. He recalled that his 50 mm lens wasn’t quite right – too tight, he said. Not thinking that he too had to duck and put down the curtains, Garcia decided to change his lens for a wider shot. He said he put in his 24 mm lens and took a picture…the same picture that made the covers of Time Magazine which also declared it as one of the Greatest 

Images of the 20^th Century. The National Geographic Magazine also chose it as one of the Best 100 Pictures of the same century.

The other photojournalists who were in the same vehicle with Garcia also had pictures of the explosion, but not until Garcia convinced them to hold their camera and take their shot. If not for Garcia’s presence of mind, the panicked photojournalists may have missed the moment when Mt. Pinatubo was at its “best” – again for the lack of a better word. Sad to say, others in the two other vehicles were not as lucky to have another alert Garcia with them that they failed to take as good a photo as that of Garcia’s.

But that was only on June 15. There were other photos that were as dramatic as Garcia’s and may arguably have competed with Garcia for the covers of the prestigious magazines if that were possible given the tons of photos to choose from. Some of the are pictures didn’t even show the erupting volcano itself, but they showed the tragedy that was taking place, of people fleeing to safety, the desperation of those in the evacuation centers and the destruction that mudflows and ashfalls were causing that resulted to deaths to many.

These unforgettable moments were recalled when Garcia, Cabrido, who together with Ted Aljibe (now the chief photographer of Agence France Presse in Manila), Val Handumon (now a photographer of European Pressphoto Agency), Ernie Sarmiento (current chief photographer of Phil. Daily Inquirer), Joe Galvez (current president of Press Photographers of the Philippines), Angie de Silva (freelancer), Charie Villa (who serves as head of ABS-CBN News and Online Business Regional Network) and Pusing, flew in from Manila courtesy of Philippine Airlines and Philippine Amusement and Gaming Corporation or Pagcor at the insistence of fellow photojournalist Ed Galvez (who used to worked for Times Journal) that they come to Los Angeles join Nick Sagmit (formerly of Manila Bulletin) and this author (who used to cover for Times Journal) to hold the exhibit in the U.S. (Derek Soriano, now a freelancer, is on his way to join his colleagues, most of whom will proceed to San Francisco for a similar exhibit on Oct. 11-12.)

The reunion of the journalists, who call themselves the Mt. Pinatubo Media Survivors Group, had all the flavors of what it’s like to be a member of the Philippine media once again – beer, smoking, loud voices and cussing...and it was all made possible through the hospitality of Priscilla Sagmit, wife of Nick Sagmit, who accommodated almost everyone at her place in the City of Carson, and by Jess Fonseca and wife Raquel, who hosted a night of booze and laughter at their Garden Grove residence.