Happy Father's Day....

Fathers love their children the way the kids will forever never understand, never match, but feel and feed on. Happy are the fathers in most parts of the world who have the peace and grace to hug, kiss, and share moments of love with, their children.

In places of conflict like Syria where children are used as shield against attacks, may God send down His angels to pull them out of this grisly mess. May God restore humanity on both sides of conflict to spare and respect the innocent.

May God comfort the fathers who've irreparably lost their sense of being when they've powerlessly lost their children to the barbarity of human frailty.

For the lucky fathers in places of peace that we are, let us offer them our fervent prayers that they too, in time, may find a reason to celebrate this day.

HAPPY FATHER'S DAY.

Happy Independence Day! Let's Work!

METRO MANILA, METRO CEBU, ARE NOT THE PHILIPPINES

 

Two years ago, I thought it was timely to post on the the subject. Now, I have yet to feel any difference, so I am reissuing the same post with sigh, fatigue, and hope as well.

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Four months into the Pnoy presidency, it’s not surprising that Pulse Asia’s poll on trust rating for the president yielded a high 80%. That, despite the controversies that hounded the fledgling administration. No doubt the president enjoys the trust of the people. In fact, it is that trust argument that catapulted him to the presidency.

The president, on several occasions, has been trumpeting the inroads and headways on reforms that his administration has made. That’s welcome news, but I’m afraid that’s only true in Metro Manila, and so in behalf of the people in the provinces, I would like to remind the president that Metro Manila and Metro Cebu are not all of the Philippines. Whatever reforms his administration intends to implement must be implemented, save for any legal or other reasonable limitations, across the entire Philippine archipelago.

Take for instance his Daan na Matuwid, Pag Walang Kurap, Walang Mahirap challenge. That does not even reverberate in the provinces. The provinces are completely out the national government’s radar, I’d suspect and like to believe, judging by how “business as usual” it is out there.

Pnoy’s administration must implement a sweeping investigation on all aspects of local government in the provinces: branches and agencies of government, particularly agencies that rank high in the corruption scale, including Government Owned and Controlled Corporations (GOCCs). Start with lifestyle checks, and proceed with thorough investigation: assets vis-à-vis capacity to acquire.

The agencies tasked to watch and check for, or prosecute public officers for offenses and abuses, are mum for reasons known only to them. They, too, must be checked on and prosecuted for conspiracy, complicity, nonfeasance, malfeasance, misfeasance or whatever legal justification the administration's legal bright boys and girls can find to make sure that their acts or omissions do not go unpunished. If a true prosecutorial investigation is conducted by operatives that have the required integrity and grit, they’ll find that laws have different standard of enforcement in the provinces.

People in the provinces are sick and tired of being excluded in the government’s real reform agenda. Before they become completely dismissive of the administration's so-called programs for reform, the president had better include them in his Philippines. It’s not enough to say that he does, it is more important he get people on the ground that will make his reforms felt.

 

Voting 20-3 The Senate Convicts CJ Corona

Five months and 44 trial days after 188 congressmen signed, filed, and endorsed to the senate, the impeachment complaint against the chief justice, Renato C. Corona, the senate, sitting as an impeachment court, voting 20-3, hands down a guilty verdict.

It has been an invaluable educational – legal to be more precise – experience for the Filipino people. To students and practitioners of law, and the academe, this provides the quintessential and only conclusive precedent. To future congressmen-prosecutors, senator-judges, respondent, a case law they can glean from for guidance and direction. To the man on the street, a better understanding of this quasi-political and public proceeding; as the senator-judges say, it is in fact, the Filipino people, by their representation, who are judging the respondent.

The decision was well-anticipated, even as speculation brewed on how the reelectionists would vote, primarily because the issue is simple; whether the chief justice is still fit to head a co-equal branch of government. Free of the stringency, rigidity, and legal niceties of a criminal case, owing to the sui generis character of the proceeding, all but three arrived at a conclusion that resonates with the majority of the public who followed this saga. To that extent, the impeachment court has carried out its duty in tune with the pulse of the people they represent.

Conviction was sealed on Article II of the Articles of Impeachment, thus voting on the remaining two other articles, 3 & 7, has been moved for and resolved dispensed with.

The Crux Of The Guilty Argument.

The Constitution commands, under Sec. 17 thereof, that a public officer submit a declaration under oath of his assets, liabilities, and net worth, in the manner provided by law. That implementing law is RA 6713, The Code of Conduct and Ethical Standards for Public Officers and Employees, which pronounces, under Sec. 8 thereof, not only the obligation on the part of public officers to disclose all assets, business interest and financial connections, but the right of the people to know the same.

These have been the bases of the prosecution’s submission that the chief justice culpably violated the constitution, and betrayed the public trust when he admitted in open court that he had USD2.4M and PHP80M in his bank accounts, most, if not all, were not reflected in his SALN.

The Crux Of The Defense Argument.

The defense seeks shield behind RA 6426, the Foreign Currency Deposit Act, which grants the privilege of absolute confidentiality of deposits held in these accounts, and the theory of commingled funds. Its position is that the chief justice is justified in not disclosing his assets held in foreign currency, because he relied in good faith on the said law; and the peso funds, because he only held them in trust for Basa-Guidote, and his children.

The Verdict.

The policy of the state is disclosure, non-disclosure is the exception. It is elementary that for one to obtain excuse from compliance with an obligation, it must present its basis in law so clear and categorical that it leaves no room for contrary interpretation.

In the instant case, the Constitution and RA 6713 unequivocally command a duty, while RA 6426 confers a mere privilege. Between a duty and a privilege, a public official must choose the performance of a duty than the exercise of a privilege. Further, what RA 6426 prohibits is for banks to disclose the accounts; not for accountholders-public officers to comply with the mandate of the Constitution.

Reliance on a law, or misinterpretation thereof, as a defense is a hard sell considering that the respondent is the chief justice, whose interpretation of the laws has, in many occasions, vested rights and imposed obligation, if not meted punishments, on countless of parties to litigations. How do you even reconcile this with the decision on a lowly court interpreter who’s been removed from office simply because she failed to disclose she had a stall in a public market?

In the words of the Presiding Officer, the man of the hour,: “he has been measured, and he failed.”

PNP/MMDA In Metro Manila Are Sleeping On The Job.

If you've ever used the overpass in Aurora, Cubao, you'd wonder where the government is. Okay, you might have used it, but you almost didn't find anything unusual or of concern. So what's the fuss? Well, try using it at night. That’s among the most dangerous few meters of real estate in Metro Manila. Up there, unlit and unregulated, all crooks stray: pimps; hookers; snatchers; robbers; and all else.

Last night, I nearly fell victim to these lowlife bunch. Even as I negotiated my ascent, I have had the sense that trouble awaited up there. At the end of the flight of stairs flanked, or say crowded, these hooligans. One hooker held me by the arm offering her service, and I noticed some men tugged along her. I knew I could be a target. I carried three bags: a backpack, one slung my on shoulder, and another I held by the hand; I just came from Batangas.

Up there you can’t trust anyone. Anyone you see isn’t part of backdrop, he’s part of the game plan. He won’t jump on you, others are tasked to do that. His role is to intimidate you by inaction; make you feel helpless.

I unplugged my headphones; of course you don’t want to miss any signal, and kept walking. They casually talked while they walked behind me. Quickly, I felt someone unzipping my backpack. Then I thought, it’s on. I turned to my back and caught the hooker in the act; she suddenly withdrew. Then the boys moved in, perhaps for their plan b, to rob me in that few steps before I could get to the other side of Aurora. I tucked my bag in my arm, took to the rail side of the bridge so I could see them peripherally, and walked real fast.

That was close, and I am infuriated. That could happen to my daughters, whom I just took home to Project 7 before that overpass incident. I am a taxpayer, and so are the millions who take public commute and use overpass, and we are put to peril by these idiots in the government.

These MMDA bigheads who force everyone to use their overpriced footbridges endanger us by pushing us to these unlit, crook-infested, and unguarded concrete planks. We're like gazelles being thrown into lions' dens.

MMDA should manage the safety issues of these footbridges in coordination with local governments and the PNP. Goodness, Isn't there any safe place for us? 

And where’s the PNP? Hunkered in clubs? And don’t dare give me that “Thanks for bringing that up; I haven’t heard of this” crap. PNP acting like it's not aware of this is downright outrageous. Until you get your acts together, these crooks become more and more brazen by the day, and our children are put to growing danger. They rob you with impunity, thanks to ignorance, inaction, indifference, and ineptitude of the police.

That’s why you can’t blame people who distrust cops. Rumor has it that some cops protect these bastards; As they say, all rumors always have some truth to them. 

It could be a leadership problem. Since the police top brass don't experience public commute, they're oblivious to street maladies: the very problems they're mandated to look out against and replace with peace & order. Maybe we should get these public officials to try out these routes and, once in a while, leave the obscene comfort of their chauffeur-driven cars to keep them close to the concerns of the public.

I am only talking about the Aurora Cubao footbridge, but this is true for most footbridges, including particularly, the Munoz-Roosevelt footbridge, which has seen its own generous count of robberies. And let us not forget that many robberies lead to homicide when victims resist, as if they have no right to defend their persons and properties.

I advise everyone to avoid using footbridges at night, as much as possible. If you’re taking public transport, instead of alighting at the stop across the side of the road/street where you need to be, alight past that road/street then simply walk back. That may take a little bit more of walking, but no trekking, and safer, I'll take it.

Disclaimer: I know cops and many government officials who do their jobs well; they and those who live up to their oath that I have not had the grace of knowing are NOT the subject of this writing.

Mon Tulfo’s Beating Is Half The Story

Anna Belies Mon Tulfo's Beating Claim
The viral video of Mon Tulfo’s mugging by Raymart Santiago et al. sent everyone pitying him, but me. I suspected there was an antecedent to the video.  Judging by how the Tulfo brothers behave in the media, it’s almost a no-brainer.

True enough, one brave lady (anna, not her real name) came out, albeit requesting that her identify be withheld, with a statement belying Tulfo’s claims. Watching the video, I only wondered what could have provoked Raymart et al. to such a beasty rage, but I never doubted that there was. It’s easy to guess what these Tulfo brothers are capable of doing; they say it with imprecating temerity and regularity.

It’s high time these Tulfos were confronted and taught a lesson. Their brand of journalism is rustic and unprofessional, the kind you only expect to see in the unregulated world of the internet. It’s a shame that a fast-growing and otherwise respectable broadcast media outfit, ABC Channel 5, buys into them. The arrogant malediction or profanity that characterizes their broadcast programs exposes our children to the risk of mistaken inspiration.

Sure I can concede that I, as many others, support what they do to the extent of exposing the abuses of men of power and privilege, and lending voice and defense to the oppressed. Sadly, they simply OVERDO everything. Zeal and passion cannot excuse anyone, especially people who are public by reason of their profession from whom, in fact, more is demanded, from the responsibility of decency, civility, and tact, that comes with such stature.

I shudder to imagine how many children of this nation have been regrettably introduced to the Tulfos’ aired profane rants; anathema to raising well-mannered generations of youth.

You just can’t walk around P.I.’ng everyone; earn big, and walk away with it like you own the world.

CJ Corona; Walking on Thin Ice.

The chief justice announced that his wife will testify before the impeachment court to give a supposed persuasive explanation of the 37 million peso discrepancy in the chief justice’s SALN. As earlier posited, Cristina contends that the amount represents the just compensation for the expropriation of a real property owned by her family held in trust in favor of Cristina and family by the chief justice. At any angle you look at it, it is a hard sell.

This simply defies logic and reason. First, it is of notice that public officers are subject to scrutiny and lifestyle checks owing to the principle of public service being a public trust, and related laws on graft and corruption. This being the case, CJ knew he would be opening himself to controversy if he allowed funds belonging to others to be held in his name. Further, if that were so the case, why did not Cristina simply hold it in her name?

If his defense on this issue is to be credible, he has to offer better explanation than one so predictable and lame it can only elicit yawns than excitement.

Defense Built on Quicksand

I feel sorry for the chief justice, but it is obvious he is pinning his hopes of acquittal on technicalities. Much has been said about the impeachment proceedings being sui generis, a class of its own, hence, not liable for strictissimi juris application of the rules of court and laws. Neither is it subject to beyond reasonable doubt quantum of proof as ruled upon by the presiding justice under conformity of the court. These make the chief justice feel like the world is closing in on him, which explains the defense’s frantic objection to practically everything the prosecution offers in evidence.

·         They object to the presentation and admission of condominium titles in CJ’s name arguing that these are irrelevant and immaterial as the court has ruled against presentation of evidence if offered to prove ill-gotten wealth, and that the issue is squarely on non-disclosure and non-filing of his SALN.

·         They moved to exclude the bank records arguing that these are unlawfully obtained invoking the doctrine of the fruit of the poisonous tree.

It is silly to parse on proses of the remaining charge in article 2; that is, non-disclosure and non-filing of SALN, in effect saying that under-declaration of assets is out of the ambit of the charge of non-disclosure. You can sense the desperation.

The principle of the fruit of the poisonous tree is misplaced in this case as it only applies to the State as when police makes seizures without warrant and outside of the exclusion allowed by law as search incident to a lawful arrest. The intent of the principle is to clip the enormous power of the State against a hapless accused who stand to lose life, liberty, or property if the State is permitted unbridled exercise of its police power.

It finds no application in this case again on the sui generis nature of the proceedings.

Finally, this is a public hearing aired on national television. Regardless of technicalities and irregularities on how the evidences are obtained, the public understands that CJ did not disclose all properties he held in his name. Correspondingly, the only way he’ll get a pass for it is to explain convincingly the circumstances leading to the discrepancies. Harping on irregularity in the obtention of bank records does not erase the crooked picture the events has portrayed of him.

Impeachment Trial, Now Open.

The Senate, after constituting itself into an impeachment court, and the senators have taken their joint oath as judges, looks forward to January 16, 2012 when the grinding impeachment trial commences.

The chief justice continues to insist on implicating the judiciary, the institution, in the impeachment case filed against him when he should not. The institution is insulated. The articles of impeachment are clearly directed against him.

While he raises in his defense the singularity and independence of his vote and those of the other justices, he contradicts himself when he says Pnoy will get the judiciary if the house succeeds in ousting him.

It is forthcoming for one to rally his sympathizers to his side in the face of overwhelming odds. The judges and court personnel across the country obliged understandably. Whether that was a good move will depend on the backlash it will create.

Already, unwittingly put to limelight is the perennial and enormous backlog of cases that have collected dusts in the courts. At any angle you look at it, a Court-sanctioned holiday does not assuage the sentiment against, at least, the snail’s pace that the cases take as they do now.

If one files a complaint with the Office of the Court Administrator (OCA) against court personnel who abandoned their posts to show their support for the chief justice, would the court be justified to say that it had authorized it? Or if the OCA denies mobilizing them; for tolerating them, instead of ordering them back to their posts?

If so, then how does it reconcile with court’s jurisprudential pronouncements articulating that government workers are not entitled to the right to “strike”, or collective actions, as public service is not liable to disruptions?

My, I shudder to think the other side might make an impeachment ground out of it.