• Aquino is now in Zugzwang


    NO, it’s not a place in China or Germany. It’s a peculiar position in chess, in which a player can move only with loss or severe disadvantage.

    When President Aquino authored and authorized the Disbursement Acceleration Program (DAP), he sent the Philippine Constitution into exile. Now that the Supreme Court has rescued the charter from exile, the President seems determined to block it from our public life.

    Aquino’s stand on the DAP and his subsequent attacks on the Supreme Court have baffled everyone, even his own allies and supporters. Only Butch Abad has kept yakking to voice his support, because he is counting on Aquino’s childish obstinacy to keep him from being hauled in chains right away.

    If the C student from the Ateneo, who lucked himself into the Presidency, plays or understands the game of chess, Aquino should realize that he is now in the chess position called Zugzwang (a word of German origin). It’s so bad it can drive you nuts.

    Really serious analysts, not the impostors who produced the faux escape via the administrative code, say that Aquino has boxed himself into an indefensible position with respect to the DAP. He and his administration broke many laws and the Constitution in 2011, 2012 and 2013, when they fabricated and implemented the DAP.

    So much still in the treasury, so little time
    Now, they greedily aspire to do the same this year and next year, by forcing the Supreme Court to change its decision in the President’s favor. They covet the money still in the treasury, and worry that they have little time left to steal it.

    The President has compounded his offenses by attacking the Supreme Court for its forthright decision that declared key parts of the DAP as illegal and unconstitutional.

    More alarmingly, he has threatened the High Court by virtually saying that the

    Legislature, which is subservient to him, could team up with the Executive in fighting the judicial branch, if it does not reverse its DAP ruling via his appeal. He has mobilized the House, the Commission on Audit (COA) and the Bureau of Internal Revenue (BIR) to help pressure and persuade the SC.

    He faces a big problem though. No hand (as in a game of cards) can be weaker than the one that Aquino is playing.

    By the light of the Constitution and existing statutes, the DAP and its implementors have violated the law several times over.

    By taking a stand that says he is above the law, Aquino indicts himself and his accomplices.

    Aquino’s win-at-every-cost nature
    Aquino repeated his tirade against the Supreme Court at a function attended by the World Bank president and UN staff based in the country, He underscored his theme that the ruling against the DAP would paralyze the economy.

    Given his obsessive and win-at-every-cost nature, he will barnstorm the capital and burn the phonelines to make his argument before any group and anyone who can hear. He will lie, he will cheat, he will twist arms to get his way.

    This was the berserk track he followed when he set out back in 2010 to remove former Chief Justice Renato Corona. Many corporate executives and their wives were shocked to find themselves being chased all over town by Aquino’s obsession. Anyplace they went to, there was PNoy railing against the CJ.

    If his crusade vs. the High Court is now on, he better brace himself to receive in kind. The Supreme Court is the most popular branch of government today. There are 14 sitting justices on the bench. The Left, the churches, the media and the public have all aligned against the DAP and its authors. A number of senators have come out to criticize Aquino’s assault on the SC. The military could also find its voice.

    Aquino’s appeal to his loyalists to wear his yellow pin will persuade no one. A counter-campaign will find more groupies.

    Senator Teofisto Guingona has gone AWOL in shame over his much-scorned yellow ribbon committee.

    Joker Arroyo’s blast that Aquino’s presidency has become an autocracy controlling all three branches of the government is jet fuel for the impeach-Aquino, bury-DAP campaign.

    Only the most shameless members of the House and the Commission on Audit have decided to dance to Aquino’s tune. COA officials are worried sick that they will be forced to return their loot from the DAP. They would be better off if they remember more often that they are a constitutional body.

    Individually, the congressmen worry that they will have to return the P10-million bribes they got for the Corona impeachment. JV Ejercito’s decision to return his bribe money has put them all in the firing line.

    The argument about President Cory and her administrative code saving Aquino and the DAP is a delusion.

    But Aquino is obsessive and desperate. He will use the power of the sword, thinking it’s Excalibur. He may try to impeach some or all of the justices. Government agencies are probably already digging for dirt to hurl at the justices. He will move for the repeal by Congress of the Judiciary Development Fund.

    All to no avail. Because the SC does not have to do anything to prevail in this test of wills.

    High Court’s armor of integrity
    The Supreme Court’s best policy is to take the high road, not the low road like the President.

    Its strongest shield is its dignity and armor of integrity, which has tremendous credibility with the people.

    Aquino’s phony “incorruptibility” is jelly when set side by side with the mystique of the High Court, which goes back many generations.

    My wife remembers how in high school civics class they were taught that “the law is the law,” “ignorance of the law is no excuse.” and that “the Supreme Court is the voice of the Constitution.” That’s a lot of tradition for Aquino to fight against. Even Goliath can’t prevail over that.

    The justices close ranks for 14-0
    As a result of Aquino’s tirade (meltdown?), according to a Manila Times report, all justices of the SC are closing ranks behind their institution. There’s no distinction anymore between Aquino appointees and Arroyo appointees among the magistrates. They all care about the court.

    They have collectively decided to uphold the rule of law, and will treat Aquino’s appeal in that spirit.

    I think the SC has one more hammer blow to make the president come to his senses.

    The court can improve on its original vote on the DAP, which was 13-0.

    In the appeal deliberations, Justice Teresita de Castro, who abstained from the original voting, should be urged to take part this time.

    During the voting on Aquino’s appeal, the vote ought to be 14-0, affirming the original ruling.

    That would send a ringing message to Aquino. And it would be fitting retribution for challenging the Supreme Court in the interpretation of the Constitution and the law, and for threatening the court.

    Once the court renders its verdict, everyone, including the President, must obey.

    Berserk presidency will end
    If Aquino defies the Court, he can be forcibly removed from office. There will be no need to impeach him anymore. The people, not the temporary commander-in-chief, can summon the troops.

    If he chooses this ending to his Presidency, Aquino will sink into the same shabby ditch as the Philippine National Railways director, who back in the ‘60s insisted on hanging on to his post, and had to be carried out bodily—tied to his chair— by the police.

    The prospect of seeing Aquino depart in this way from Malacañang could revive the spirit of our despondent nation, because we can laugh again.



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    1. Magpatong-patong pa kayong against Pnoy wala kayong magagawa, GOD put him there for the beginning of the better future of the Filipino people and the miseries of those with a wicked heart.


    3. Rey P. Alcalde on

      It’s so sad, we have a president who is so much bilib sa sarili. He did not even consider the decision of the Chief Justice he himself appointed. He should be ashamed with this brouhaha. But it looks like he has no shame. He’s not even thinking of resigning. Hay…. God save the Philippines!

    4. I was an anti-Marcos activist and was once an Aquino follower but i can strongly say that Marcos, despite their faults, did a lot of good for the country. I say this in retrospect, compared to his successors, especially Cory Aquino. Out of hatred and her raw emotions, she destroyed everything that Marcos did, even if they were good or beautiful. It would have been all right if she changed them for the better, but like her son, she did nothing. What did we have? Ruins. All we get is that Cory restored democracy, helloooh! Where is that and what is that? She just replaced Marcos with the Binays, the Ampatuans, the Villafuertes, the Abads, etc…plus other kamaganaks….and now, kaklase, kabarilan, kainuman, kanintendo, kabarkada. I thought Marcos was our curse. No, it was and is the Aquinos. What makes them worse is that they pretend to do things under the cloak of righteousness. Sila ang tunay na salot ng bayan!

    5. Saturday for pious Jews, Sunday for Christian Filipinos. Let us pause, “light a candle and not curse the darkness”. It is the moment to “count our blessings: 1) our Filipino athletes are coming home, bringing in the beacon – they finished 3rd with God’s help and the heroics of Paul Yee; 2) the Supreme Court did rightfully flexed its muscle and proclaimed DAP to be illegal (partial victory for us, bonafide and peace-loving Filipinos; 3) Pp. Francis is “coming to town” in January to help prop up our sagging Christian faith; 4) a yet devastating typhoon (Glenda} just exited with no promise to return: Halleluia!!! Let’s eanestly pray and hope that SANITY would return to all of us, especially to all members of the THREE branches of our Government, for the glory of God and the peace of all Filipinos of good will. AMEN.

    6. chic justice on

      From zugzwang to shah mat ( the origin of check mate meaning ‘the king is dead’

      • Chess is just an entertaining analogy. But in reality there is no check mate here. Say PNoy steps down like some want. Who “won?”

    7. I like this scenario. Because it is a plan of action that is workable with the end achievable. Let us quote it:

      “Thus, if Aquino continue to subvert the DAP ruling to the point that he still uses DAP funds (though by another nomenclature but same purposes and mechanism), the SC will be constrained to declare the President and his people in Contempt of the Supreme Court, in line with its power to interpret and defend the Constitution! At this instance, a Constitutional crisis starts and becomes alive and a reality. SC can ask and order the military and police to enforce the SC contempt order and make arrests!

      Some people could protest that the military and police can enforce the SC order and arrest the President and his men since the military and police are also sworn to defend, enforce and protect the Constitution, even against the President! A people power in support of the Supreme Court may legitimately ensue and convened. The President, as head of executive branch is not above the law!

      This scenario is worth implementing. A show of force so to speak. This is one scene the Abnoy cannot get out of alive.

    8. gabriela silang on

      another sad chapter of our motherland. when will it ever end? our nation needs a breather and may i suggest pnoy obligingly yield…but as he said, suntok sa buwan. not with a man gifted with twisted logic, sky scraping hubris and addled brain. but shall we rot this way?

    9. BS Aquino really is the biggest curse and the greatest failure of all the monumental hope of the Filipino people. He is destroying the whole pillar of our Nations greatest institutions instead of giving emphases to develop on it to a more credible modernization adaptively to a system in our modern time.
      The whole Supreme Court Justices must stand as one body to defend the Honor and Integrity of the Constitutional Law Of Court, to somehow deter the mentally ill attack of this stupid government.

      • Jose Carlito on

        We should support and rally behind the Supreme Court. We should do what Pakistanis did when their President and Supreme Court clashed.
        The president has to go on exile after the clash.

    10. This is sad but I wish everything that’s unfolding will ultimately be good for our country.. Like baring all the projects and giving proof where they were spent.. Like where all the malampaya fund got wasted..we’ve unearthed napoles everything should be unearthed and all thieves put to shame!

    11. I am no chess expert (even my pre-teen daughter can beat me), but I enjoyed learning a new word “zugzwang.” You imply that no chess player can recover from a zugzwang situation, and similarly that PNoy is irreparably damaged.

      I would like to point out that a chess master (or even my daughter) could probably defeat me, even after suffering a zugzwang. And likewise that this administration and its agenda still has hope, however faint it may seem.

      Within the SC’s so-called “13-0 decision,” we have been cautioned not to speculate on its deliberations, and if you have read the decision in full you will know where one concurring AJ wrote:

      In the efforts to win over an audience, there are a few misguided elements who offer unverified and illicit peeks into our deliberations. Since they do not sit in our chamber, they provide snapshots culled from disjointed clues and conversations…

      It is possible that we take tentative positions to be refined in the crucible of collegial discussion and candid debate. We benefit from the views of others: each one shining
      their bright lights on our own views as we search for disposition of cases that will be most relevant to our people.

    12. I want to agree with your impulse that it is congress taking pnoy’s side as the “third force” mentioned by him to resolve the standoff in case the SC junks pnoy’s MR. But I am inclined to agree more with another columnist who thinks that pnoy is actually thinking of a “palace coup” under martial law. It would not mean much even if congress passes a joint resolution in pnoy’s favor and it will take too long for congress to repeal, you said, the JDF. He mounted the yellow ribbon campaign to test the waters for this plan and good that it did not take off, thus the “just joking” now stance. I truly hope that his evil genious mind would open up his realization that he might just drag our
      country and people to an irretrievable situation like a civil strife we could ill afford this
      or any other time. In a zugswang position his best move is to just resign.

    13. Mr. Yen Makabenta, Manila Times

      Subject: Constitutional crisis from DAP funds .
      Date: July 17,2014
      Aquino’s intransigence and bellicosity on the Supreme Court (SC) arising from SC ruling declaring DAP as unconstitutional and illegal will give rise to a Constitutional crisis. Aquino’s public declaration that such ruling paralyzes the executive branch to performs its task to hasten economic well-being of the country if his acts in utilizing DAP funds are virtually restricted and curb by the SC. As such, Aquino insisted DAP did good things and benefitted the people and the SC must not restrain him! Aquino being hardheaded and stubborn will likely follow his abnormal instinct to continue using DAP funds by another name or nomenclature or collar but same dog in defiance of the SC. If that occurs, then the looming constitutional crisis will be for real and may have chaotic and even bloody outcome.

      Here is the envisioned scenario:

      SC will rightfully assert it’s constitutional duty and rights to interpret the laws and the Constitution, which becomes the law of the land. In the exercise of that duty the SC follows the unwritten paramount rule or principle of “check and balance” in a democratic republic. The principle rationale is to prevent abuses of the people’s welfare by one branch of government (here by SC) over the other ( legislative on PDAP and Executive on DAP). Though SC does not have a military or police force to enforce its ruling ( like the illegality and constitutionality of DAP) the SC, by its ruling can assert that the public official concerned (President Aquino and Secretary Abad) can be prosecuted and are liable administratively, civilly and criminally as it did in its DAP ruling.
      Thus, if Aquino continue to subvert the DAP ruling to the point that he still uses DAP funds (though by another nomenclature but same purposes and mechanism), the SC will be constrained to declare the President and his people in Contempt of the Supreme Court, in line with its power to interpret and defend the Constitution! At this instance, a Constitutional crisis starts and becomes alive and a reality. SC can ask and order the military and police to enforce the SC contempt order and make arrests! Will military and police obey the SC order of Contempt and make arrest? At this juncture the loyalty and patriotism of the military and police will be called to action. Opposition group and anti-Aquino, will create a wedge with and divide the loyalty of the military and police. Some people could protest that the militar. y and police can enforce the SC order and arrest the President and his men since the military and police are also sworn to defend, enforce and protect the Constitution, even against the President! A people power in support of the Supreme Court may legitimately ensue and convened. The President, as head of executive branch is not above the law! The SC may also order that legislators involved in PDAP scam must be prosecuted, indicted and convicted when evidence warrants. This is a protective step by SC to prevent legislative to squeeze and emasculate their judicial funds vital to its existence and make it financially independent from the two branches of government. This is now being done by allies of Aquino in the Lower House on the pretext of exercising the “power of the purse”.
      The people being fed up by corruptions and the righteous youth will embark In a widespread discontent and protest against the establishments (president and corrupt legislators). Since the moral issue of corruption and violations of the Constitution are the central driving force of the crisis, the people and the youth will side in favor of the SC! The Constitutional crisis will cause chaos, confusion and possible anarchy by the mob and a will lead to a take-over by adventurous military and police supported by political opposition. A triumvirate form of possible dictatorial form of government, headed by either an ambitious or principled brave and courageous military or police official may emanate from the chaos and turmoil. In the end, the government of Aquino and the Legislature of corrupt legislators will be toppled. And a New Democratic and honest President elected under the supervision of the Triumvirate government prevail, with a fresh and honest new set of legislators to supplant the old corrupt one! For the Nation and it’s people, it will be a happily triumphant end of the Aquino-created Constitutional crisis!
      Jun Adan
      New York City

    14. bede ecuacion on

      Aquino should be impeached. now and now !!! The weakest President
      the country has.Has not done anything to help the Tacloban typhoon victiims.
      All talks, no action./

    15. Alfredo a.k.a Usi Sero on

      I hope everything you said Mr. Makabenta will come to fruition.God save the Philippines.

    16. Mi estimado Yen,

      Todos palabras exacto en la situation. El Presidente tiene mentalidad de Toro.

      El Senior Abad Y Aquino mucho mentiruso. Necesita investigation Independiente.

      Los biliones dineros del Filipinas O Publico es no puede para nada.

      Los Senadores Y Congresistas participante en el caso del Jepe Corte Suprema Senior
      Corona, Necita investigation tambien. Mucho mordidas con los pulicos malos y abusados.

    17. You guessed wrong again. Pnoy can never be put down by his enemies and critics, he is standing in a solid ground. GOD and most of the Filipinos are with him in this fight against evil.

      • Are you including the Supreme Court and its justices in your “evil label”. So anybody who questions the action of your president is evil? The members of the clergy, the academe, the Filipino people who have strived to bring back democracy from the Marcos dictatorship and who criticize PNoy,and the “silent majority”, the poor who do not partake in the benefits of economic growth claimed by PNoy, they are ALL EVIL. Perhaps your god and our God are so different.

      • roberto curatsa on

        do you think GOD is on the side of liars and arrogant persons? satan may be you are mentioning but not GOD.

    18. The above comment of yours, Mr. Makabenta, is a most timely jolt “in reviving the spirit of our despondent nation”. And surely, we “can laugh again”, and Aquino will serve as our LAUGHING STOCK. With all his boastings and despicable posturing as a gutsy leader, he has now become the OPPROBRIUM of Philippines, the “Land of noble heroes”, and the “pueblo amante de Maria”. Unlike him, we Filipinos of today intend to refrain from taking the law into our hands. We hold dear the faith of our Filipino forefathers who gave their lives so the sun of liberty might return and shine once more in this “land of the morning”. Now, our greatest aspiration is that with God’s sustaining grace, we would remain faithful and steadfast in keeping the legacy our noble heroes left behind, and from aloft the CROSS we are left hanging by a heartless, petty, ignorant, arrogant, despicable bully that Aquino has become on account of his insatiable greed for honor and power, we will cry like Christ did, for Christians we are: “Father, forgive him (them) for he knows not what he does”… “forgive us our trespasses as we forgive those who trespass against us…”

    19. This is great! Can we look forward to this, i.e., “If Aquino defies the Court, he can be forcibly removed from office. There will be no need to impeach him anymore. The people, not the temporary commander-in-chief, can summon the troops.”

      Many people have suffered while waiting for the end. Indeed, your prophesy has revived the spirit of a despondent nation.

    20. Samuel Santos on

      And, as in the game of chess, it would be preferable for PNoy to RESIGN than lose by MATE.

    21. Edgar Balido on


      yes, if President Benigno Aquino does not accept the Supreme DAP ruling, it is very sad that our nation will have to undergo another EDSA like revolution. I mean, pour beloved Philippines once again must go through another very difficult period.

      We all need to pray the Almighty grant us grace to weather the political storm gathering in the horizon.

    22. The Filipino’s biggest enemy is themselves. They do not know the power of their votes….or more like they do not have the intelligence to use their votes judiciously.

      They keep electing crooks…Marcos was rescued by the CIA and exiled, Estrada was
      tossed out of office and is a convicted criminal; Gloria in under impeachment; and now
      the Ateneo C-student is showing the whole world that he is much less than a C-student.

      Democracy is not for the Philippines……the populace does no have the maturity and intelligence to function in a democratic form of government… It is too wrong for them.

    23. Mr, Makabenta, are you kidding, or just wants us to laugh. Play chess? OMG, King of DAP PNoy does not know how to play chess, for sure. Chess is too long and mind-blogging for his brain, chess being a minds game. The game he is an expert is only computer games, of course with his favorite playmates, Josh and Bimby.

      • This guy wanted martial law. Why dont you emmigrate to Egypt, Iraq or timbuktu and find how to live in dictator style of government.


      The gangster attitude of this president is to be expected because Filipinos are dealing
      with this president who is exceptionally incompetent and ignorant of the law. For
      what can we expect from him when at the very start we know already that he is
      unfit for the position of the presidency. Can you imagine a president openly
      attacking the Supreme Court? Can you imagine a president calling his gangmates,
      the yellow fanatics to wear yellow ribbons? Can you imagine a president
      insisting good faith for what he did in the DAP that was declared 13-0 by the Supreme
      Court. What we see is not the making of a sane president. No other president
      in the past had ever demonstrated such a kind of vindictiveness and arrogance
      against the constitutionally mandated Supreme Court to be the final arbiter
      of legal issues. If this president has no respect of the law, then what can you
      also expect from an ordinary person in the street? Of course, his gangmates who
      are they yellow fanatics especially these who benefited from the loots like
      tupak, Belmonte, farinas, aggabao and most expecially abad who is the acknowledged
      architect of this anomalous DAP are clapping and cheering whenever this
      ignorant president demonstrate his gangster attitude that as if we are in a boxing
      arena. Such act are not needed in a decent and civilized society.

    25. In our midst, a super-brat bully, whose twisted understanding of the constitutionality of the laws is of paramount glaring agenda – – pushing the same twisted political yellow agendas and ram that bitter twisted ideas down by the Public’s throat… This retard usurped the powers of the legislative- to the point of prostituting and bastardized the subservient house of the thieves, err, representatives- and have the temerity to make a preposterous claim that he only parked on a not-yet-designated parking spot to save a victim…get shitty f***ing real, dude, – to save the Hacienda and push for more politicized agendas, you mean…

    26. A SAD, SAD, SAD STORY OF PNOY. What can one expect when someone who is required to uphold, respect, and abide the CONSTITUTION is the one to break and challenge the law? I think, the people and the peoples’s army may have to act quickly if PNoy becomes so VERY defiant of the SC decision that DAP IS UNCONSTITUTIONAL. LET US NOT HAVE A MARTIAL LAW AGAIN. But this could happen when a no brainer leader OF THE NATION wants to have all the government powers.

    27. This Inutile Ngoy-ngoy has no capacity to grasp the complexities involved in a chess game, let alone to figure what a Freaking Zugzwang he got himself in to…this retard dude is so obsess with power – power entrusted only to deserving statesmen – and obviously this loonie prez don’t deserved – for he ONLY capitalized and rode the wave of his Mom’s demise – and the “mangmang” voters were fooled-pcosed- hypnotized – and voila! an infallible , do no wrong, above the law prez has been installed in the grounds of Malacanang!. Only in this god forsaken, hypocritical, corrupted Philippine style politics…

      • nobody knows,maybe he got some kickbacks from senators received the fund. If only Cory alive today ,she will against this demon

    28. Pag po bumaliktad ang sc sa ruling nito against Dap, ako Wala na po sa 3 branches…sa 2branches, executive and legislative ala na.. They don’t deserve po to lead the country…una mga inutil, naturingang law maker, lawyers, pero bakit di nila alam ang legal sa illegal….mga ganid mukhang pera…may sahod naman di na nakuntento……for me a good leader is a good follower….ego purpose kagaguhan lang alam…daming buhay nasasakripisyo dahil sa kagaguhan Nila…mahiya na Kayo…magsiresign na kau..ikinahihiya Kayo ng bansa…..

    29. the big question is this. what will PNoy do if the supreme court affirms its decision about DAP? the mere fact the he confronted the entire supreme court and even had the audacity to admonish the nation to wear yellow ribbons to show support for him against the supreme court ruling, was an outright declaration of war against a co equal in government. i suppose if he simply filed for a motion for reconsideration, the justices might have been easy on him. but the fact that he was stupid enough to challenge the supreme court as to its decision and even warned of a clashing between the two co equal branches of government, that in itself was the last nail on the coffin in which he put himself in. it was a political suicide. what kind of political advisers does this president keep? multiple bar takers? wanna be lawyers? or just plain dumb and ignorant advisers? really, for the life of me, i cannot fathom it. i guess the bottom line is this. if you will ask for a favor ( in this case a motion for reconsideration ), then be humble enough to submit yourself at the mercy of the person you are asking a favor from, ( in this case, the supreme court ). but no. the president is ignorant. disrespectfull and ouright arrogant. clearly, and if congress sees this the way the whole nation does, then PNoy’s days are numbered. But since impeachment is a numbers game, with the majority in congress wearing yellow ribbons, then the whole nation loses.

    30. Alejo Rosete on

      President BS Aquino is a coward.

      Very very scared to death.

      Singing in the dark.

      Spoiled brat.

      If his mother and/or his father are alive today – I am sure they will lead all the yellow ribbon wearing people to march to Malacanang to convince their only son to make a “SUPREME SACRIFICE” FOR THE SAKE OF THE COUNTRY AND PEOPLE.

      The only graceful exit left for him is to leave the country (exile) rather than the people to force him leave the country like what they did to Marcos in 1986.

      I was one of the first who viewed the dead body of Ninoy at Times Street. After viewing the dead body of Senator Ninoy Aquino, I came to the U.S. for good. I am a fan of Ninoy and Cory – not their only son who only inherited the Presidency because of them.

      What a tragedy ending of the “Aquino era”.

    31. Manny F. Reyes on

      The SC will win this battle without any doubt. But like anything else in RP, there will be a price to pay for the win. Aquino can also ignore the SC ruling and keep DAP rolling for all good intents and purposes. If the votes are there, he can be impeached. As to a criminal liability after his term is over, that remains to be seen.