• City arrest, hazing, JDF-SC pork?

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    Given the pace cases are disposed of here, and the unlikelihood of JPE, Bong Revilla, Jinggoy Estrada and GMA fleeing, I am for according them what was accorded Suharto of Indonesia, the functional equivalent of city arrest, with proper adjustments.

    And I like GMA’s Memorandum Circular No. 155 of November 17, 2004, directing three offices to submit records of inmates who are 70 years old and above [and are serving sentence by final judgment]for the purpose of extending them executive clemency.

    One WHEREAS said: “[i]t’s the policy of the Arroyo administration to extend executive clemency to deserving elderly inmates out of compassion and based on humanitarian grounds.” Recall too the role GMA played in abolishing the anti-poor death penalty.

    Not a pure evil, she ain’t.

    * * *

    I am not for special tribunals. And I cannot see any colorable basis to prosecute anyone for DAP being declared unconstitutional by the Supreme Court (SC).

    In Biraogo v. Philippine Truth Commission of 2010, 637 SCRA 78, the SC decided on Dec. 7, 2010, the Executive Order creating the body was declared unconstitutional by the SC. I was openly against the creation of a body representing Victor’s Justice. But respondents Ochoa and Abad were not directed to be prosecuted. One does not become infallible in public office. Of course no Prez can claim immunity from rape, not part of any job description in the civil service.

    On July 15, 2003, in Republic v. Marcos, the SC directed the Marcoses to return billions to the national treasury,  done, but to my disappointment did not direct the prosecution of Imelda, Imee and Bongbong, so they are where they are today. A law should be enacted saying that anyone ordered to return say a million should be disqualified from any public office, appointive or elective. The world may snicker at Marcosian immunity.

    Now, may PNoy be sued for not picking Nora as a National Artist? “Kung ikaw ay isang drug addict at [censored], hindi ka dapat mapabilang sa national artist.” I don’t know how accurate the texted characterization is but the scuttlebutt should give us pause. Patience is a virtue Nora must learn. She proves nothing by wearing provocative shirts that she is proud to be a Filipino but ashamed of this government. Is she proud of her drugs case and what she went through.

    As the countdown begins for PNoy (of whom Nora says she is ashamed) to step down, who among those he defeated would we rather have today: Erap? Manny V? Gibo? Eddie V? Dick G? Nick? P? Jamby M? John? CJ de los Reyes? Vetaliano Aguirre?

    Remember that WW II started the ruin of our values as the first law of mankind dominated: survival. Then came the disastrous Macoy dictatorship. Ninoy predicted that anyone succeeding Macoy would be garbage in six months. Yet, when Prez Cory passed away, there was a wake cum funeral to remember, even propelling PNoy to the presidency, boosted and sent there by an appreciative, hopeful people.

    As bad as Macoy’s tenure was, so was the Arroyo decade. So, who among the 2010 losers in this nation of hecklers and scofflaws should be leading us now into the Promised Land? Let alone, columnists such as I fitting Hoppe’s definition of one as scanning the papers and finding something he does not understand, will proceed to explain it. We have all the prescriptions but they may be contradictory. I like initiatives like paying civil servants above the level of corruption by laying down the economic foundation of honesty. We have that now in the judiciary, attracting the best and the brightest among the young at the lower levels, like when we attracted Cecilia Munoz Palma to be Pasig CFI Judge. Thanks to the likes of Sen. Francis Pangilinan, not to the Judiciary Development Fund, the Supreme Court pork, in the billions. “Cross-border” may have started there?

    In Manila, when I was young, there was scuttlebutt only about one CFI Judge. We would hear tales of rich men entering public life and leaving it poor. A PC chief dying in an apartment. Delicadeza and palabra galore.

    Also in the Bangko Sentral and certain GFIs we see adequate pay. Teachers affecting eternity should be next, for values.

    Among the values ruined was that in frats, where decades ago, there was no physical contact, we were told. The legendary Fr. Delaney, our guest speaker in Rizal Hi when I was a senior (1955), captivated us with his moving denunciation of the killing of one Albert(?) in hazing.

    The Philippine Star misspoke last Monday in saying that the Lenny Villa case was over. No, it is now on its 24th year, Lenny having been killed in hazing on February 11, 1991. Hard cases make bad law – Holmes. My client, Zosimo Mendoza was convicted in Caloocan in 1993 and came to us for help. In the Court of Appeals, he was acquitted twice, in 2002, and in the Supreme Court, on February 1, 2012. But we now have to deal with another motion to reconsider, filed then and still pending. A startling case of multiple jeopardy. If one killing would take decades to deal with, what about Ampatuan which Guru Joker Arroyo said would last two centuries?

    Pork scam? I would not mind giving nonagenarian JPE a wider cage in which to roam. More so if there would be convictions only for graft, rather than plunder. For now JPE, et al, with their loved ones, particularly minors, whose pain I share, are being punished far beyond what any court can impose.

    For anyone suing any public official for a mistake as ruled by the SC, bring it on.

    And yup, the SC should now account for the Judiciary Development Fund if only to source cross-bordering. Money stripped from the hides of litigants since 1984, which should go to fixed local judicial infrastructure and personnel benefits, are said to go to curtains, vehicles, wellness programs, travel and Baguio mansions of the Justices.

    And Justice on Wheels? Say it ain’t so, Teddy Te. Is the SC kind to PNoy and Butch for doing what it itself does? Mote in the executive and beam in the SC?

    We have a right to know.

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    3 Comments

    1. atty saguisag, siguro panahon na para usigin ang isang nanunungkulan
      gaya ng presidente, na masasabi nating parang wala sa tamang wisho
      o pag iisip. 1. matagal din namang nanungkulan bilang mambabatas sa
      kongreso si penoy at naging senador. Hindi katangap, tangap kung
      hindi man lang niya naulinigan ang napaka lantad na sikreto ng Pork
      o Pdaf/DAP sa 2 kapulungan. 2. Hindi rin katangap tangap na ang isang
      pangulo na nag aral sa ateneo ng ekonomiya na magsasabi na ang
      mga suhol na natangap ng mga mambabatas ay nakakapagsulong sa
      ekonomiya ng Bansa. 3. Lalo hindi katangap tangap na ang isang
      pangulo na sumumpa sa bisa at kapangyarihan ng constitution, na
      nagsasabi na susunod sa mga layunin nito at bibigyang
      proteksyon ang constitution ay wala pa lang tamang kaisipan sa
      mga sinasaad at pagpapatupad ng constitution, Dahil dito dapat
      na siyang mag resign o ma impeach dahil hindi siya naging mabuting
      pinuno at nag bibigay ng napaka samang imahe sa susunod na herasyon
      ng mga magiging pinuno ng bansa.
      Kung si Corona ay minarapat na tangalin dahil sa di pagdidiklara ng dollar
      account sa Saln at si Gloria ay ayaw bigyan ng piyansa sa mga kaukulang
      demanda ng kurapsyon laban sa kaniya, Dapat na ring ma iimpeach
      o papag resignin si Penoy at sina Abad at iba pa sa napakalaking
      Krimen ng pagpapabaya sa paggamit sa Pera ng bayan at sa pagiging
      kaporal sa panunuhol sa mg Mambabatas. Dapat din silang makulong
      sa lalong madaling panahon.

    2. victor m. hernandez on

      The P-Noy government is very good in geometry, as in the shortest route from point A to point B is a straight line. Our Constitution has a different geometry, which is Triangle (Congress, Executive, Judiciary). The DAP (Disbursement Acceleration Program), which the P-Noy government resorted to as a preferential geometric construction. The SC as the interpreter of the Constitution declared straight line geometry as wrong, and should be stopped. SC prefers to stick to the Triangular geometry.
      P-Noy government is instructed (SC implied, that it shoudl work harder and hue strictly to the Triangular geometry of government). It should work harder and plan ahead, and work closely with Congress. There is a management planning tool called ERP (Enterprise Resource Planning) that will guide a manager to achieve particular objectives and outcomes. This may be complemented by other tools such as Logicframe or Logical Framework. It’s fundamental basis is proactive mindset. Stephen Covey has elaborated on this, and related to this is Think of the End in Mind.

    3. Wow it sounds so good you being so kind to these elderly people, i wish they thought of the poor like they do the rich. Dont put them in inhuman conditions they said, why not the poor have to suffer inhuman conditions, oh but these people are privileged arnt they, i keep forgetting the law is blind in this country if you are someone special.
      He should be detained in a normal jail cell with normal prisoners. I dont care if he is old & frail, it didnt stop him stealing hundreds of millions of pesos of money that should have been used to hep the poor. He didnt care about their suffering so please spare me comments about me caring about him suffering, i hope he & his scum cohorts die in jail. Its no less than they deserve.

      & yes i agree with you on how corrupt even the supreme court may be, tell me who in any high office in this country is free from corruption, i for one would like to know. They have been bought up seeing corruption gets you rich & power & you can hide from the law & have a great life for you & your future generations. How stupid can a country get that re elects a couple of family members of the marcos family, its laughable how stupid people in this country can be.