Thursday, March 29, 2012

A Missed Opportunity to Resolve the Mindanao Power Crisis

Back in 2010, then Energy Secretary Angie Reyes proposed that then President Gloria Macapagal Arroyo be given emergency powers to resolve the Mindanao Power Crisis. This was seriously taken into consideration by the Palace, which saw the move as an opportunity to finally arrest the power crisis hounding the nation's second largest island. But many opposed the move, for various reasons. One of those who opposed the proposal to give PGMA emergency powers was Sen. Chiz Escudero. In a press release dated March 1, 2010:
"Escudero scored Energy Secretary Angelo Reyes for the proposal saying this move is a lame excuse to cover up the fact that the government’s energy officials have erred in their projection of power generation."
Escudero, in the same statement, also chided the government when he said:
“An effective and competent government should have been by now equipped with comprehensive energy plan or road map at the very least to avoid going to the extreme which is always a burden that ordinary people suffer”
Now, under the administration of Penoy Aquino the Turd, the power crisis in Mindanao has worsened, and while the energy officials of this administration remain clueless as to what to do, here comes the Yellow President's allies in Congress, all wanting to give Penoy emergency powers, the same powers PGMA was then asking for but was denied, to address the power crisis. And Lo and Behold, among those who want to give him mergency powers is no less than ass-kisser-in-chief Chiz Escudero, who said:

“I am willing to give the President more than emergency powers, given the gravity of the present situation. He should be granted standby power in case of extraordinary situations that he can exercise at his sound discretion without having to run to Congress every now and then and wait for its imprimatur” [source: The Daily Tribune]

Ano nga ba yung kasabihan? Sauce for the goose is also sauce for the gander. So, as a challenge to Chiz and his ovrlord Penoy, I would like to throw back to their faces what they said when the past administration was asking for emergency powers, and I do hope they choke on it:
“An effective and competent government should have been by now equipped with comprehensive energy plan or road map at the very least to avoid going to the extreme which is always a burden that ordinary people suffer"

Hear that, Chiz and Penoy? You both knew, when you denied Gloria emergency powers, that this power crisis in Mindanao will worsen and hound the next administration after GMA, so you have no one to blame but yourselves. YOU ARE SELFISH, ARROGANT BIGOTS WHO WERE GIVEN THE CHANCE TO DO SOMETHING GOOD FOR THE COUNTRY IN 2010 BUT YOU HAD TO LET POLITICS GET IN THE WAY OF PUBLIC SERVICE. THIS PROBLEM, DEAR SIRS, ARE OF YOUR OWN MAKING. YOU HAVE NO ONE TO BLAME BUT YOURSELVES.

Tuesday, March 27, 2012

A Shame and A Sham

This is going to be a short blog. A certain female blogger who loves calling herself a journalist is a disgrace to the journalism profession and a disgrace to bloggers. If she had any dignity left, she'd stop. I wonder how much she got for selling her soul to the devil? Oooops. That question was meant to be rhetorical.

See, i told you it would be a short blog.

Friday, March 02, 2012

Waaaaaah?!

Having been raised by a trial lawyer for a father, I couldn’t help but feel disgusted with the reaction of private lawyer for the prosecution Vitaliano Aguirre while the esteemed Senator Miriam Defensor. At the latter end of his life, I used to drive my father to court, and in a few instances saw some judges lecture unprepared lawyers. I have never seen any lawyer answer back or show their irritation against a judge the way Aguirre did on February 29. My father used to say that as lawyers, they are officers of the court and should act with due deference to the presiding officer at all times, regardless of their personal feelings. Aguirre is an old hand in the practice of law, and yet his actions in the Impeachment Court belie his experience in the profession.

*****

I guess my father and Aguirre come from different time periods, so I am assuming that their sense of responsibility as officers of the court are different as well. My father studied law at the MLQU, where among his barkadas were the late Hukom Bitay Max Asuncion and former Justice Melo. Either that, or Aguirre just loves hogging the limelight.

*****

The INC activity at the Quirino Grandstand held last Feb. 28 was a success, judging from the number of people who attended said event. What baffles me is how the police and the yellow administration of Penoy can claim that the attendees only numbered around 400 thousand to 600 thousand, when it was clear as day that the number of attendees was obviously over a million! It’s obvious that the government wants to downplay the event, even going as far as misleading the public into believing Penoy was invited. Now that’s what I call delusion.

*****

We would like to thank all those who attended the INC Rally on February 28 under the banner of the Sentinels of the Rule of Law. Special thanks to Mr. Alvin Capino of the Manila Standard Today who plugged the participation of the Sentinels in their radio program “Karambola” at the request of Sentinels co-founder Fernan Marasigan.

*****

I recently received an email from a certain “Potpot” who read my previous blogs regarding the Homesonic scam. I’ve been writing about Homesonic for a few years now, and I honestly thought that they closed shop after being reported to the DTI. According to “Potpot” it's still around, undr a different name, and her experience with Homesonic happened just a couple of weeks ago. Luckily, she did not give them her credit card. For those who do not know, Homesonic will call you up at home to say you won some items and that you are required to claim it within the week. When you visit their store, they’ll push you to purchase other items as well (these items usually amount to a total of around P40,000.00). Then they will ask for your credit card and charge the items to your card if you cannot pay it in cash. Another variation of this scam is they will give you a ‘rigged’ scratch card that says you won an item. Back in the early 2000s, my now-deceased mother was nearly duped into purchasing items worth P40k (which is actually worth only about P10k if purchased individually in other stores) had my father not intervened and threatened to sue them. Let the buyer beware!

*****

I would like to extend my condolences to the family of the late Horacio “Boy” Morales who passed away February 29. Morales was one of the original members of the former Manila San-Un Zendo (now Zen Center for Oriental Spirituality in the Philippines) where I used to work, and continue to be, a member of. #

Sunday, February 19, 2012

smokes and mirrors

If the news report from the Manila Times dated 19 February 2012 is accurate, then we have a lot to worry about. It seems that this yellow administration has agreed to a proposal of the MILF to establish an autonomous (or federal might be the better word) region with its own chief minister and parliament, patterned from Malaysia's federal style of government. This author searched for the article mentioned in The Manila Times, and I found the article of the Oman Tribune in their website, dated 18 February 2012.

The article's title reads "Manila OKs plan for MILF Autonomy" and portions of the article said that “No less than His Excellency President Benigno Aquino 3rd agreed to the MILF proposal,” said Mohagher Iqbal, the head of the MILF panel, in his opening statement during the resumption of peace talks with the government in Kuala Lumpur, Malaysia on Monday."

And if this humble blogger reads correctly the Oman Tribune Article, it seems there is more to the postponement of the ARMM elections than meets the eye. The reason of the Aquino Administration for postponing the elections now seem so trivial when one encounters another line in the Oman Tribune article which reads: Iqbal added the proposed government is to replace the Autonomous Region in Muslim Mindanao (ARMM) which an Aquino Cabinet official has described as a “failed experiment” due to widespread and massive graft and corruption which benefited mainly its leaders and their followers. The article goes on to say that Marivic Leonen, Head of the Government Peace Panel was optimistic about the progress of the negotiations.

The plot thickens! Could it now be possible that the commotion caused by the impeachment trial of Chief Justice Corona is not merely just an act of vengeance but also a sort of smoke screen to divert the attention of the people while the yellow administration attempts to establish an MILF Federal Government in Mindanao? Could it be possible that Penoy is waving his left hand so that we might not see what the right is doing? Is evrything just smokes and mirrors?

We must become ever the more vigilant. We must continue to watch the impeachment trial of Chief Justice Corona because it is still something the yellow president likes to dip his hands into, and we must be ready to defend the independence of the judiciary at all costs, but we must now also watch our biggest island in the south, short of allowing Penoy to virtually give up the island of Mindanao to the MILF.

*****
Visit the website of the Sentinels of the Rule of law by clicking here.

Sunday, January 29, 2012

Mob Rule

Posts from various Pro-Rule of Law pages on Facebook recently claim that on January 28, 2012, Penoy's Secretary of Social Welfare Dinky Soliman "met with members of the Black and White Movement at Unit 1110 Prestige Towers, to finalize plans of People Power starting Monday, January 30, at Supreme Court and EDSA to force CJ Corona to Resign".

If this report is accurate, then we have much to be fearful of. Penoy is using People Power as a "final solution" in his vain attempt to consolidate the powers of the Supreme Court with the Executive Department and his rubber stamp Congress. Penoy know he is losing the legal battle in the impeachment trial of Chief Justice Corona. His allies in the prosecution panel have slipped at every turn to vilify Corona before the people. They must have realized that the more they vilify Corona, the more people view the Chief Justice as the underdog.

Now desperate in his attempt to be dictator, he has solicited the help of the ingrates from the Black & White movement to launch a "people power" offensive against the Chief Justice. Sadly, Penoy fails to realize that this will backfire on him as well. For all he knows, that same people power which he and his family so frequently use as their personal talisman could be used against him if he does not let up on his offensive against the judiciary and CJ Corona.

Penoy'd better hope that Dinky doesn't lead the group into singing "If we hold on together".


**********

People are eagerly awaiting with bated breath if the CBCP would issue a statement with regards to the impeachment trial of Chief Justice Renato Corona. The CBCP started their Three-Day Plenary Assembly last Saturday at the Pope Pius XII Center in Manila.


**********

I was watching the trailer video of "Manila Kingpin: The Asiong Salonga Story" on Youtube and i was inspired to write a poem about what is happening to our country today:

sa isang palasyo sa gitna ng maynila
may nakatirang isang taong tunay na balahura
nais sakupin ang lahat ng kayamana't kapangyarihan
pati karapatan ng tao'y nais na sagasaan

napapalibutan siya ng mga kaibigang ulupong
dahan dahang hinubog, ang plano nila ay umusbong
tanggalin lahat ng hadlang sa pagkamkam ng kapangyarihan
kahit na ang nais nila'y wala na sa katuwiran

dinadaan pa niya kuno sa ligal na proseso
unti unti ang mga kalaban niya ay kinalaboso
ang pumalag sa kanya, labis tiyak ay kakasuhan
ganyan ang utak ng ganid sa kapangyarihan

pati maliit na mamamayan ay kinakanti
akala nila'y malilinlang sa bawat sandali
ang mga tao, ngunit mga tao'y di paloloko
sa dilaw na pangulong anyo'y tila hunyango

naghahari-harian, nagdudunung-dunungan
pero kung titignan ninyo utak ay walang laman
puro pabida ang bigkas, puro papormang panlabas
ngunit ang takbo ng utak niya ay tunay na taliwas

sulsol ng kaibigan, kabarila't kamaganak
"nasa tama ka, huwag na huwag kang kukurap"
ngunit sigaw ng bayan 'di na pwedeng isantabi
nalalapit na ang pagbagsak ng dilaw na hari

magpakasaya ka na, dilaw na namumuno
dahil malapit na ang kaharian mo ay guguho
sa lakas ng dagundong ng sigaw ngtaong bayan
tanging lusot mo na lang, tiyak na kamatayan.

**********

email: mapangurirat[at]gmail[dot]com

Friday, January 27, 2012

Justice and Fair Play

This Thursday, the counsel for defense in the continuing telenovela that is the Corona Impeachment Trial (or as I like to call it "The Greatest Show on Earth"), called for the inhibition of Senator-Judge Franklin Drilon. Drilon's actions in the impeachment court raises questions of his impartiality, after many observers noted that drilon's lines of questioning were somewhat prosecutorial in nature, rather than clarificatory. True to his nature, however, he has stubbornly refused to inhibit himself, declaring himself a fair senator-judge. Drilon is affiliated with the Liberal Party, the very party that Penoy Aquino admitted initiated the impeachment of Chief Justice Corona. So much for fairness.

Whether Drilon admits it or not, his bias towards the proseuction team sticks out like a sore thumb. Even the average Juan is beginning to see Drilon for his true color: Yellow (in all aspects). Just last night, while I was chatting with the driver of the taxi cab I rode in from work, he asked me about the impeachment trial, and I was surprised when he said "Dapat mag inhibit na si Drilon. halatang siya naman ay pumapanig sa prosecution". This statement coming from Mamang Taxi Driver got me thinking that maybe all is not lost in the crusade for the observance of the rule of law. There may be many more like Mamang Taxi Driver who is not fooled by the cheap tricks and gimickry adapted by the prosecution and their Senator-Judge ally Drilon.

**********

Out of delicadeza, Drilon should inhibit. Regardless of whether he is biased or not, the mere fact that there is already a perception among many that he is actually lawyering for the prosecution is grounds enough for him to inhibit, in the interest of justice and fair play. Corona is already on trial. This administration has managed to get their plans implemented thus far. if he is guilty, then by all means convict him, but subject him to a fair trial. There is a legal maxim: Let justice be done though the heavens fall. If in fact this administration has solid proof to convict corona, as they like to claim, then they should present these evidences in court, not to media. The house prosecutors had all the time to prepare, but what did they do? they presumed that Corona would resign, saving them the trouble of actually building a good case. This is what happens when arrogance gets in the way of levelheadedness and fair play.

**********

We have a long way to go before true justice and fair play comes to play in this impeachment trial. Just recently, I heard that Administration ally Neri Colmenares was quoted as saying: "Hearsay can be used as basis for removing a public official like the Chief Justice because perception is important." Whatever Colmenares is smoking, he'd better stop now, before all his brain cells wither and vanish into the ether. Is Colmenares actually suggsting that we throw away the rules on evidence and just allow hearsay to be admitted as prima facie evidence? Somehow I think our representatives in the House are not actually there to represent us but rather to represent their own vested interests.

The scary part is how these so-called Honorable gentlemen allied with the administration make things up as they go along. They seem to be laboring under the delusion that the impeachment court is their oyster, and that they can bend or interpret existing rules and procedures to tailor-fit their ill-prepared case.

**********

While waiting for the elevator yesterday morning, one of the office employees in our building was hotly discussing the Llamas DVD issue with her officemates. She was adamant in her conviction that Llamas should be sacked for buying two thousand pesos (P2,000.00) worth of pirated DVDs at a mall in Quezon City. "Tayong mga ordinaryong tao, laging sinasabihan na huwag i-patronize ang pirated DVDs tapos si Llamas, hindi man lang pagsabihan! Anong kalse namang pamamalakad 'yan!" Anong kalsng pamamalakad nga naman `yan, Penoy?

**********

email : mapangurirat@gmail.com

Thursday, January 19, 2012

the Rise of the Filipino Hitler

"We have the power. Now our gigantic work begins."

Those were Hitler's words on the night of January 30, 1933, as cheering crowds surged past him, for five long hours, beneath the windows of the Chancellery in Berlin.

In 2011, Noynoy Aquino rose to power. In the same vein, this was also what he, in essence, promised the Filipino People. In his inaugural address, he said:

Today marks the end of a regime indifferent to the appeals of the people. It is not Noynoy who found a way. You are the reason why the silent suffering of the nation is about to end. This is the beginning of my burden, but if many of us will bear the cross we will lift it, no matter how heavy it is. (from the official english translation)
He is now in power, and his "gigantic work" to "rebuild the nation" begins.

To consolidate power, Hitler neutralized his political Enemies. Again in the same vein, Noynoy Aquino neutralized his political enemies, most popular of which was his predecessor Gloria Arroyo, and is now on the verge of consolidating power by putting allies in congress, and more importantly, by getting rid of the Chief Justice of the Supreme Court, a co-equal branch of government.

We know what happened after Hitler gained absolute power. Absolute power in the hands of a man with a vision is dangerous enough, but give a foolish one absolute power and the result will be disastrous. What a fool can be capable of with such tremendous, unchecked power is something I shudder to think of.

Hitler had one Joseph Goebbels. Noynoy has an army of Goebbels, ranging from unofficial ones with positions in the executive and legislative departments, not counting his propaganda machine ABS-CBN. No one fits the role of Goebbels more than radio and TV anchorman Ted Failon (Teodoro Etong), who is blatantly the mouthpiece of Hitler-in-the-making.

When Hitler rose to power, the German people celebrated. They supported him, believed in his program of governance. Hitler was thought by many as the "Savior" of the nation. The same thing happened to Noynoy, who rose to power with the same popular support. The people were promised a Philippines of Eutopian proportions, a proverbial land of milk and honey. The sad truth, however, is that the people have been deceived into believing that the intention of Aquino is to clean the government of corruption, when in truth the intention is to protect the interests of the Cojuangco and Aquino families.

Hitler’s speeches ‘Appeal to German People’ blamed problems on weaknesses of democratic government and terrorist activities of Communists. Noynoy's speeches blamed problems on his political predecessor, Gloria Macapagal Arroyo and her allies in government.

In an article from fusedthought.com, it explains the need for consolidation of power by Hitler:

Consolidation of power is to remove opposition, gain mass support and to emerge as dictator. Hitler had been invited to power by a group of right-wing politicians on January 30, 1933 since they thought that they could control Hitler if he was invited to power. Thus, Hitler was allowed to consolidate his personal and regime’s power through legal means.

Compare this to Noynoy Aquino's attempts to consolidate power (by removing the last obstruction to his ambition, the Supreme Court, via the removal of the Chief Justice) to remove opposition. He has already gained some sort of mass support in an attempt to become a dictator. While Hitler was,as the article states, invited to power by a group of right wing politicians, Noynoy was coaxed into running for President by ambitious political operators who know very well their capacity to control Aquino. Thus Noynoy was allowed by his backers to consolidate his powers through "legal" means. The article further says:

The Enabling Law of March 23, 1933, would allow Hitler to make laws and enter treaties without consulting the Reichstag for 4 years. He could ignore the constitution and enter foreign agreements. This signified that he would be a dictator, having the monopoly of legal power to make decisions, ignoring the President and rule single-handedly.

Although no law has been passed by his allies in Congress to allow Noynoy to make laws and enter into treaties, we can see how Noynoy wants the power to enter into treaties, as could be seen from his desire to enter into an official agreement with the MILF. Also, it must be stressed that there are rumors floating that Joma Sison, head of the Communist Party of the Philippines, will be coming back to the Philippines soon to enter into an agreement with the Aquino Administration (as reported by ANA Partylist Rerpesentative Alcover). And like Hitler, Noynoy has the penchant to ignore the constitution, a constitution his very mother undertook to be created. His utter lack of respect for his co-equal branches of government is proof of it.

Today, the Philippines is at a very crucial stage in its history. We are in danger of allowing a Hitler to rise up because of propaganda spewed by the Aquino administration's propaganda machine. Aquino's supporters are easily deceived by the propaganda and automatically support his administration without benefit of thought or insight. It is now the duty of every freedom-loving Filipino to be ever more vigilant against this rising threat. In the end, it is up to us to prevent such a monster from ever ruling the great nation of ours. -end-

Wednesday, January 18, 2012

THE FOLLY OF THE PHARISEES

And so it came to pass, that in the great kingdom of the brown race, the persecution of the Pharaoh Putthakanoyh's enemies continued unbidden . Upon orders from the Phaorah's Palace, the Pharaoh's allies in the Temple of Doom, led by High Priest Nihultupazh, managed to enact a ruthless plan to destroy the Pharaoh's number two enemy, the High Magistrate of the People, Renatus Coronus. And so it was that an historic event unfolded in the great kingdom. For the first time in its history, a Pharaoh's vengeance took place in the form of a trial at the High Council of Elders.

The kingdom watched with bated breath as the pharisees of the pharaoh paraded before the people their evidence against the High Magistrate, conditioning the minds of the feeble-minded of the guilt of the accused. These pharisees strutted like wizened mages, telling anyone who would listen of the undeniable guilt of Coronus. Then the second day of the trial came.

On the second day the kingdom watched as the pharisees prepared to present their case to the High Council of elders. But Lo and Behold, the pharisees, in their haste to destroy Coronus, came woefully unprepared. High Priest Nihultupazh was reprimanded by the High Council for not making any effort to present a good case against Coronus. The pharisees, deeply and utterly embarrassed, went to the marketplace afterwards, presenting their evidence to the people, but no one in the marketplace listened. But they were not by any means discouraged, for they were, after all, allied with the Pharaoh Putthakanoyh. They shall live to fight another day, for the trial has just begun.

Sadly, even though the pharisees have made a fool of themselves and showed the kingdom their ignorance, many people still believe them, and still believe the lies they continue to spread against Coronus. As one scribe put it, all of what is happening in the Kingdom is a result of the Pharaoh and his family's desire to keep what is not theirs to keep, a land bought for by the peoples' gold, a land that should be the peasants to have. The Pharaoh's family even sought the help of a family of scribes and bards, well known throughout the kingdom for delivering news from the capital to the far raches of the kingdom.

Coronus won that day, but not without cost. The people must be reminded, he said, that now is the time for vigilance, as a creeping dictatorship threatens to tear the delicate fabric of the kingdom's democracy. The pharaoh is out to seek full control of every aspect of governance of the kingdom, unmindful that the kingdom has the High Magistrate of the People and the High Council of the People to keep his powers in check -- for if the Pharaoh had full control of the kingdom's affairs, as mages feared, six years of darkness shall descend on the kingdom.



Wednesday, November 16, 2011

The Tyranny of the Aquino Regime

For those who do not feel it yet, we in the Philippines are now under a state far worse than martial law. At least with martial law, there was no hiding behind the veil of democracy -- Marcos said it loud and clear that he was placing the nation under martial law.

Not so with the Idiot-in-Chief now sitting in the Palace. He chooses to veil the tyranny now reigning over this hallowed land with talks of "daang matuwid" and democracy, when in truth, democracy in the Philippines is dead. It died last night, at 8.50 pm.

The constitution of the Philippines grants the right of every citizen of the Republic the right to travel. But enemies of Gloria Arroyo (particularly in the Executive branch of government) think and act like they are above the law and the constitution, hindering the former president to travel to Singapore by issuing a watch list order despite a Temporary Restraining Order by the High Court, an order that is effective immediately.

If a person like Gloria Arroyo, with her status and her money and influence could have her right to travel so blatantly taken from her by the powers that be, what about us ordinary citizens?
A person -- an official no less -- who knowingly and deliberately acts in direct violation of the Bill of Rights and the Constitution in General is tantamount to treason, and all of those involved in this travesty should be hanged.

Tuesday, August 16, 2011

No Let Up

Despite the growing dismay of many Filipinos over the viciousness of hearings being conducted by the Senate, the senators who have an axe to grind with the former first family have stepped up their attacks with no sign of let up in the horizon.

Ping Lacson is on a warpath and wants another witch hunt conducted, this time focusing on the alleged behest loans of Roberto Ongpin witht the DBP. The only reason Ongpin and his loans ar being investigated is because Ongpin is close to the former First Gentleman.

i can only imagine what lies will be spewed on the senate floor to make Ongpin and his company appear like villains, when the truth of the matter is that Ongpin is the victim in an evil plot to discredit him. So far, the evil plot has taken the life of a young lawyer. How many more lives, i wonder, is the senate, particularly Ping, willing to sacrifice for his vengeance?

Sadly, it seems that the Senate is no longer interested in the truth but simply interested in investigating anything having to do with the former first family. The only good thing to come out of these hearings is that people are becoming more and more disgruntled with the upper house.

These vengeful trio of Senators -- Guingona, Drilon and Lacson) are clearly abusing their powers as legislators, but no one seems to be able to stop them from their grave abuse of powers. We are now at a point where the Senate can be used to vilify and falsely accuse anyone who earns the ire of these so-called "distinguished gentlemen", without the benefit of a fair and just trial -- and the Filipino nation should be fearful of this.


Monday, August 15, 2011

Time to end the witch hunt; If you have proof, take it to court

The Senate has apparently deemed itself so powerful as to become both judge and jury in what they call "hearings in aid of legislation", a thinly veiled reference to the witch hunt they are conducting against the formr first ocuple Gloria and Mike Arroyo. Senator Drilon has even gone far to preempt any defense the former First Gentleman would make. In an article in the Inquirer wesbite today by Cathy Yamsuan, Drilon said:

Expect Mike Arroyo’s lawyers to produce a deed of sale bearing the name of another person to show that the husband of former President and now Pampanga Rep. Gloria Macapagal-Arroyo was not the owner of the two secondhand helicopters sold to the Philippine National Police, Sen. Franklin Drilon said on Sunday.

I wonder if Drilon realizes that he is a legislator and not the prosecution attorney? Come to think of it, the people constituting the Senate Blue Ribbon Committee are composed of people who have axes to grind against the Arroyos. To expect them to be fair would be impossible, but to act like Brutus and Cassius in front of Caesar, hungry for blood, is going a little bit too far.

These Senate hearings have gone on long enough, and with its supposed mountains of evidences and witnesses against Big Mike Arroyo, it is time to move from the Senate to the courts -- unless deep in their heart of hearts, these so-called Honorable (daw) Senators know that the evidence wouldn't pass muster in nay court of law. Could this be the reason why all their witnesses are being presented in the Senate and not in court?

We have jurisprudence with regards to these "hearings in aid of legislation". In Bengzon, et al vs Senate Blue Ribbon Committee (

G.R. No. 89914 November 20, 1991)

, the Supreme Court said, in part:

XXX XXX XXX

The "allocation of constituional boundaries" is a task that this Court must perfomr under the Constitution. Moreowever, as held in a recent case, 12 "(t)he political question doctrine neither interposes an obstacle to judicial determination of the rival claims. The jurisdiction to delimit constitutional boundaries has been given to this Court. It cannot abdicate that obligation mandated by the 1987 Constitution, although said provision by no means does away with kthe applicability of the principle in appropriate cases." 13

The Court is thus of the considered view that it has jurisdiction over the present controversy for the purpose of determining the scope and extent of the power of the Senate Blue Ribbon Committee to conduct inquiries into private affirs in purported aid of legislation.

Coming to the specific issues raised in this case, petitioners contend that (1) the Senate Blue Ribbon Committee's inquiry has no valid legislative purpose, i.e., it is not done in aid of legislation; (2) the sale or disposition of hte Romualdez corporations is a "purely private transaction" which is beyond the power of the Senate Blue Ribbon Committee to inquire into; and (3) the inquiry violates their right to due process.

The 1987 Constition expressly recognizes the power of both houses of Congress to conduct inquiries in aid of legislation. 14 Thus, Section 21, Article VI thereof provides:

The Senate or the House of Representatives or any of its respective committee may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. 15

The power of both houses of Congress to conduct inquiries in aid of legislation is not, therefore, absolute or unlimited. Its exercise is circumscribed by the afore-quoted provision of the Constitution. Thus, as provided therein, the investigation must be "in aid of legislation in accordance with its duly published rules of procedure" and that "the rights of persons appearing in or affected by such inquiries shall be respected." It follows then that the rights of persons under the Bill of Rights must be respected, including the right to due process and the right not to be compelled to testify against one's self.

XXX XXX XXX

One of the basic rights guaranteed by the Constitution to an individual is the right against self-incrimination. 24 Thir right constured as the right to remain completely silent may be availed of by the accused in a criminal case; but kit may be invoked by other witnesses only as questions are asked of them.

This distinction was enunciated by the Court in Romeo Chavez vs. The Honorable Court of Appeals, et al. 25 thus —

Petitioner, as accused, occupies a different tier of protection from an ordinary witness. Whereas an ordinary witness may be compelled to take the witness stand and claim the privilege as each question requiring an incriminating answer is hot at him, an accused may altother refuse to take the witness stand and refuse to answer any all questions.

Moreover, this right of the accused is extended to respondents in administrative investigations but only if they partake of the nature of a criminal proceeding or analogous to a criminal proceeding. In Galman vs. Pamaran, 26the Court reiterated the doctrine in Cabal vs. Kapuanan (6 SCRA 1059) to illustrate the right of witnesses to invoke the right against self-incrimination not only in criminal proceedings but also in all other types of suit

It was held that:

We did not therein state that since he is not an accused and the case is not a criminal case, Cabal cannot refuse to take the witness stand and testify, and that he can invoke his right against self-incrimination only when a question which tends to elicit an answer that will incriminate him is propounded to him. Clearly then, it is not the characeter of the suit involved but the nature of the proceedings that controls. The privilege has consistenly been held to extend to all proceedings sanctioned by law and to all cases in which punishment is sought to be visited upon a witness, whether a party or not.

We do not here modify these doctrines. If we presently rule that petitioners may not be compelled by the respondent Committee to appear, testify and produce evidenc before it, it is only becuase we hold that the questioned inquiry is not in aid of legislation and, if pursued, would be violative of the principle of separation of powers between the legislative and the judicial departments of government, ordained by the Constitution.

WHEREFORE, the petition is GRANTED. The Court holds that, under the facts, including the circumtance that petitioners are presently impleaded as defendants in a case before the Sandiganbayan, which involves issues intimately related to the subject of contemplated inquiry before the respondet Committee, the respondent Senate Blue Ribbon Committee is hereby enjoined from compelling the petitioners and intervenor to testify before it and produce evidence at the said inquiry.

SO ORDERED.

Fernan, C.J., Melencio-Herrera, Feliciano, Bidin, Griño-Aquino, Medialdea, Regalado, Davide, Jr. and Romero, JJ., concur.

XXX XXX XXX

In my humble opinion, with my elementary understanding of the law and its workings, the Senate hearings are clearly not being done in aid of legislation but as a form of trial by publicity. Clearly, the statements made by some senators that Mike Arroyo is sure to go to jail for his involvement in the "helicopter purchase" scandal shows the true intention of the solons, for, if it is truly in aid of legislation, they have no more need to pursue these hearings, for they have enough to craft new laws or rectify existing ones to prevent such incidents from ever happening again. The only purpose left for these hearings is to continue to vilify the Arroyos and humiliate them, without giving them the chance to defend themselves in a court of law, as guaranteed by our Constitution.


Saturday, August 13, 2011

Misguided Idiots (or Anatomy of a Pinoy Troglodyte)


I feel sorry for some of the people who populate the comments section of the GMA News TV Website, particularly the anti-Arroyos. For all the words these troglodytes sacrificed to the altar of commentary to make a sentence, many comments are still incoherent. Many still seem to resort to name-calling, perhaps thinking that that approach is an accepted application of civilized debate. In an article written by Mark Merueñas of GMA News on their website, a Mr. Ivan Henares was quoted as saying:

"I don't want to hear GMA [Gloria Macapagal-Arroyo] anymore. Start focusing on his term. He should already stop lambasting the previous administration," Henares said in a forum at the Miriam College in Quezon City.

"Does he have problems with the past administration? Let the courts deal with that. He should be rallying the Philippines towards a better country," he said.

And surely as the sun rises in the east, the anti-Arroyo netizens gave us their two cents (perhaps less) worth:

How can you let the courts deal with the Arroyos? E si Chief Justice appointee ni GMA. And the wheels of justice in this country turn awfully too slow if they turn at all. Ano kalimutan na? Dali magcriticize ng ginawa o di nagawa ni P-Noy pero to say thatone does not like to hear about GMA anymore is again forgetting without justice being served. Kaya nauulit ang mali, di naitatama kasi puro move on ang alam.
---
Marilou seems to have forgotten that only the courts can convict Gloria. If they don't file a case against her in court, all the witnesses and evidences being paraded in the Senate will amount to nil. I wonder how Marliou plans to get her much-anticipated justice without the courts? Here's another priceless comment:

jaegeragustinCollapse
HOY IVAN HENARES, WALA KANG KARAPATAN na SABIHAN ang PANGULO ng PILIPINAS kung ano ang DAPAT gawin? MAGMASID ka na lang at PANSININ kung ano na ang TAKBO at IPINAGBAGO ng PILIPINAS sa loob ng ISANG TAON! PAREHAS na NGAYON at may LAYA na ang mga TAONG NATAKOT o TINAKOT noon para ISIGAW at ILAHAD ang kanilang NALALAMAN HINGGIL sa NANGYARING CORRUPTIONS sa IBA't IBANG SANGAY ng GOBYERNO!!
----
The person who made this comment seems to be delusional. May LAYA na daw tayo. Teka. Kelan ba nawala ang kalayaan? Even during the administration of PGMA, may laya naman eh. In fact, i can recall that day after day after day, the opposition kept lambasting the former president in the media. Even the anti-Arroyo columnists kept firing their daily anti-Arroyo potshots in their columns. This wasn't like the time of Marcos where journalists were imprisoned for writing anti-government articles.

GeereGeorgeCollapse
Why should this administaration do away with the Arroyos, unless these people goes to jail, no one will respect our Law. Nothing will happen to PHL. How can we improve our image and invite tourist if the money intended for the development of tourism promotion are also put into the pocket of CORRUPT OFFICIALS.
----
How can "these people" go to jail if the only venue evidences and witnesses are presented are in the Senate and not in the courts? Remember folks, for those who don't know the difference, the Senate hearings are done in AID OF LEGISLATION. The Senate cannot convict the Arroyos. Only the courts, which have JUDICIAL POWER can do that. Fortunately, there are some who know the difference, to wit:

sanjuan683
Arroyo ka ng Arroyo hindi muna ginagampanan ang trabaho mo paunlarin ang bansa. Maraming walang trabaho, mataas ang bilihin yan ang problema hindi si Arroyo. Nagsasayang ka lang ng oras, may korte para kay Arroyo. Ikaw magtrabaho ka paunlarin ang bansa. Pinepeste mo kami

You're right there. Ang mga taong nagcocomment dito na dapat panagutin ang may kasalanan ay sarili lang iniisip at ayaw umasenso. Daig pa ang nga judge na nakaupo sa pwesto. Bakit hindi na lang hintayin ang hearing. May mas mahahalaga pang bagay na dapat gawin. Gugulong at gugulong ang hustisya at habang nakafocus ang pamahalaan sa mga kaso laban kay GMA mauubos din ng mauubos ang oras nila.
----
In the end, these anti-Arroyo critics have to understand that these Senate hearings are pointless, and that the only way they can achieve justice is to give Gloria Arroyo her day in Court to answer all the allegations being hurled against her. Without that, there will only be accusations and allegations and that is all.


Thursday, August 11, 2011

Let your shirt do the talking

First there were silent protests, then came indignation rallies. Then the internet age came and blogs became the new venue for expressing one's opinions (fil. Kuro-Kuro). Now you can let your shirt do the talking with KuroKuroKo Shirts. their shirts are great conversation starters, great for expressing political opinion and great pang-japorms! Order your shirts by clicking here.

Tuesday, August 09, 2011

What's wrong with us?

In Conrado de Quiros' column in the Inquirer's online edition today entitled What's Wrong with us, Conrado bemoaned the fact that we Filipinos have a forgiving nature -- that this covers all manner of sins. He cited as an example the drama that ensued as a result of Angelo Reyes' suicide. In his first two paragraphs, de Quiros wrote, and I quote:
The first time I saw it in quite a dramatic way was when Angelo Reyes shot himself in the heart before his mother’s grave. His preference for the heart rather than the head apparently held a symbolism of sorts. He had promised his mother he would never tarnish the name he carried. With his gesture, he begged her forgiveness, without necessarily admitting the things he was being accused of.

Reyes was in fact being accused of corruption. Specifically of soliciting, and receiving, millions in pabaon, or a send-off gift on his retirement. It was a grave charge that took him by surprise and embarrassed him thoroughly at a Senate hearing. This was his way of recovering from it.

What the veteran columnist missed was a very important point -- every allegation of corruption against Angelo Reyes remains just that: allegations. For in truth, in this country of ours, many people watching the ever-increasing idiocy of Senate hearings think of these investigations as trials, with evidences being piled up one after the other, failing to realize that what they are watching are not trials but hearings in aid of legislation. Even the phrase "in aid of legislation" seems to skip some of our less-than-brilliant solons.

Until all evidences presented in these so-called hearings are brought to an actual judicial venue, these evidences mean nothing, even for the sake of argument, if they are true. The Filipino people could be forgiven for not being able to discern the difference, but for people in the know, and by "in the know" I refer to people whose duty it is to know the difference, including, but not limited to, people of the fourth estate, there can be no forgiveness.

If it seems too way up there for the esteemed Mr. de Quiros, let me remind him that under our system, one is presumed innocent until proven guilty, and no matter how many evidences and witnesses may have been paraded before the Senate against Reyes, the Senate is not a judicial body to render decisions on one's guilt or innocence -- a simple truth that seems to escape many of our fellow citizens, and much more of our solons.

But the point is moot since General Reyes already took his own life.

De Quiros goes on to ask: Has the culture of awa so addled our brains we can no longer allow a space for justice in it? Look at how prevalent it is. Look at how malevolent it is.

Before we dismiss this culture of awa as sentimental balderdash, let me remind our readers, especially of the yellow variety (if they managd to read my blog up to this point) that the culture of awa is what elevated your venerated Cory Aquino to power. People rallied behind her in her bid for the presidency because they felt sorry for the widow of Ninoy Aquino. Make no mistake, it wasn't Cory's political cunning or her courage (remember Cebu) that got people to support her. It was, firstly, the disgust of the people over the Marcos administration and, secondly, the pity people felt for her and her family.

Can we no longer allow a space for justice in it? Of course we can, but not through columns, articles and hearings. Justice can only be meted out by the courts, and despite all evidences and witnesses people seem to have, it boggles the mind why no one bothers to file cases to bring about Mr. De Quiros' much-lusted-after justice. That's what's wrong with some of us.

What is wrong is that we as a people tend to believe the media because it is convenient. What is wrong is our love affair with the ensuing telenovela-type hearings, salivating from one juicy controversy to the next. What is wrong is that some of us tend to leave out the facts when it conveniently suits us, and print those that are sure to titillate the ignorant masses.

And aye, there's the rub!

Thursday, August 04, 2011

The Vengeance-Hungry Aquino II Admin claims its Second Life

First, it was the unsubstantiated accusations against former Defense Chief Angelo Reyes, now it's the new DBP Board's witch-hunt. In both cases, Reyes and Benjamin Pinpin (a brilliant lawyer for DBP) committed suicide due to stress and depression.

Benjamin Pinpin committed suicide by hanging himself inside an undisclosed hotel room a few days ago. Emil Jurado, in his column for Manila Standard Today dated August 4 wrote:


It seems that the new DBP Board is trying to discredit the old board through falsehoods and half-truths. This seems to be the trend nowadays with the Aquino II regime and its appointed henchmen. The way these people dig up old cases or invent new ones just to put the previous administration in a bad light is sorry enough, but to cause a person to sign a false affidavit that led to his suicide is pure evil.

All of these actions just to link the former first gentleman Mike Arroyo to alleged anomalies. I'm beginning to see an evil pattern woven by this administration -- and that is to come up with dirt against the past administration BY ALL MEANS AVAILABLE -- and that, it now seems, to include falsifying documents. In an article by Doris C. Dumlao that appeared on business.inquirer.net, she wrote:

Pinpin, who had worked at the documentation unit of the DBP’s legal department, was among the 20 employees who were given “show cause” letters by the DBP board. Industry sources said that as of last week, Pinpin had signed an affidavit to support allegations that the DBP’s P510 million loan to Delta Venture Resource Inc., a company led by former Trade Minister Roberto V. Ongpin, was anomalous.

Although the loan had long been settled ahead of maturity, it was widely believed within the DBP that some people in the new board were attempting to dig deeper into the transaction on suspicion that the paper trail would eventually lead to former First Gentleman Mike Arroyo. Many employees have not been happy with the way the investigation was being handled and were concerned that this was disrupting the organization, banking sources said.

Ongpin, a local partner and representative of the British banking giant Ashmore, which has over $50 billion in assets under management globally, has denied allegations of fronting for his friend Arroyo and challenged critics to show proof otherwise.

According to people familiar with the suicide notes left by Pinpin, the lawyer had thought he could absolve himself and save his family by signing an affidavit. “Signing the affidavit was the biggest mistake of my life,” based on excerpts of the notes circulating among DBP employees. “I exposed myself by going beyond the truth.” (highlighting by mapangurirat)


But DBP employees are no longer keeping silent. They are up in arms over what the new board is doing, which is in all honesty, a witch hunt. Many are aghast by the steps being taken by the new board to please their appointive powers up in the upper echelons of the executive branch. Again, in Emil Jurado's column dated 4 Agugust 2011, he mentioned a text message being circulated by employees of the DBP which reads:


It is sad that some people have to come up with lies under the pretense of truth just to make it appear that they are better than their predecessors. It now appears that far from the alleged straight path, these people are taking the crooked path in order to make themselves look good, and their enemies look bad. But i firmly believe that no amount of lies can cover the truth. All these so-called evidences being paraded about like prized shetland ponies are nothing but show pieces, eye candy with no bite. Is it any wonder why until now, no cases are being filed against their vilified enemies?

Saturday, July 30, 2011

Out of sight, out of mind


Call Gloria anything you want, but as Emil Jurado would say, you can never question Gloria's work ethic. After Typhoon Juaning hit Bicol, there were complaints from Albay Governor Joey Salceda about how PAGASA failed to inform them that the typhoon would be passing through their province. This is less than a week after the yellow president praised the agency for their accurate predictions and forecasts.

Now many people are asking where the president was at the height of the typhoon. Of course, we can expect his mouthpieces to say that th president was monitoring the situation, but wouldn't it have be better if the president made himself visible during the storm?

I remember in years past, PGMA, even when a typhoon was pounding Manila, would be out of Malacanang, attending the NDCC meetings or checking out evacuation areas. This is clearly not the case with Penoy, who has been out of sight, out of mind. The most visible official i have seen so far last Friday was that noisy undersecretary of PAGASA.

At a time when the people need to see leadership, the president was clearly absent, choosing to delegate authority rather than take charge. It is surprising since the yellow president and his palace have been known to micromanage anything that has anything to do with his perceived arch-enemy, Gloria Arroyo, but doesn't want to involve itself with things like disaster management. Ika nga, out of sight, out of mind. In his July 29, 2011 column, Emil Jurado had this to say:


And where, oh where was DSWD head honcho Stinky Soliman? Up to now, Albay has yet to receive much-needed relief. If i know my fellow Bicolanos, I would not be surprised if Joey Salceda is a tad bit disillusioned with his President right now.

Now, if you still have doubts, you might want to check the clippings below and see how the present leadership compares to the past when it comes to work ethics.











That's leadership you won't get with Penoy. 30

Thursday, July 21, 2011

Micromanaging

With too many problems facing the country that needs to be addressed, it is surprising why the president and his minions try to meddle into every little detail that should be the job of his cabinet secretaries. It is quite telling, though, why the Palace is so interested in the Amaptuan and Bedol brouhaha and everyone who has 25% of his brain working has already deduced that Bedol and Amaptuan will be used by the Palace in their Anti-Arroyo propaganda. Even the hospitalization of Ampatuan is being handled by the Palace, while people suffer from high oil prices and high commodity prices -- something that is equally, if not more important than the Palace's anti-Arroyo stance.

One wonders how the president could appear to be doing so much without doing anything at all. Yes, the media shows Penoy doing all sorts of activities, yet the supposed benefits of those activities never seem to trickle down to the most deprived segments of our society. I almost seems like there is no president at all.

Now we are seeing so many explosive revelations about alleged anomalies and election frauds, to which evidences are presented not in a court of law but in the media. It also seems that the government knows they have nothing solid against Arroyo and that they just want her to be tried in the media.

What the President needs to do is stop meddling in everything anti-Arroyo and concentrate on his campaign promises, many of which remain unfulfilled after a year in office. With the SONA just days away, I fear that Penoy will make many more promises without completing first the promises he made during the elections.