• Supreme Court pork?

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    Bobby Tañada and I had pork in our time. So there was in his revered father’s time.

    Well, pork was not and is not toxic per se. It must have been when Bobby and I were summoned to Malacañang by PNoy on Edca on July 1 last, when my attention was called to Sec. 49 of E.O. No. 292, the Administrative Code of 1987, which says:

    “Authority to Use Savings for Certain Purposes. – Savings in the appropriations provided in the General Appropriations Act may be used for the settlement of the following obligations incurred during a current fiscal year or previous fiscal years as may be approved by the Secretary in accordance with Rules and procedures as may be approved by the President: . . .”

    “9) Priority [that word]activities that will promote the economic well-being of the nation, including food production, agrarian reform, energy development, disaster relief, and rehabilitation.

    “10) Repair, improvement and renovation of government buildings and infrastructure and other capital assets damaged by natural calamities.” (Book VI, Chap. 5, pp. 430-31)”

    I casually looked at same but redoubtable Raissa Robles, not the Fire!-Aim!-Ready! type of journalist, scrutinized same.

    The test is good faith on the part of Malacañang, relying on EO 292. If others at the receiving end misspends, say, in funding a spurious NGO, would that be reckless imprudence resulting in graft or plunder?

    I went last July 1 to Malacañang on EDCA, and advised: have the Senate ratify it. A majority of our people seem to favor it, given China’s bullying, and will go along with PNoy and Jojobama.

    On pork, I support PNoy and Butch as long as there is no proof that a singkong duling went to their pockets. I do not know that Butch “systematically misappropriated, converted, misused and malversed public funds through executive issuances and the programs implemented by him as Secretary of the DBM.” The reported complainant cited Justice Brion’s startling prejudgment of Butch. A Justice, of all people, it seems to me, should render a verdict after all the evidence is in. Like Sen. Drilon asserting that he properly used his P100M. A Cebu solon did not, as to her P15M, so it is alleged.

    Evil or criminal genius PNoy could not be. That would apply to Macoy and Imelda, who in 1968, opened accounts in Switzerland using William Saunders and Jane Ryan as their noms de kurakot. Gross bad faith. PNoy filching a red cent? Nope. Nor Chief Justice (CJ) Meilou Sereno, who, like her predecessors since 1984, has sole say on what to do with the Judiciary Development Fund (JDF) stripped from the hides of litigants. For many years now, I have asked my studes to report on the JDF; the SC and the Commission on Audit (COA) have stonewalled.

    Last Tuesday I wrote my esteemed pal, Teddy Te, SC spokesman:

    “I have again asked my studes for years to obtain proof of compliance with what PD No. 1949 of 1984, on the Judiciary Development Fund (JDF) requires: quarterly reporting to, among others, executive judges.

    “Makati’s court house is OK; Manila’s, where I was, before I had a series of hospitalizations, MeTc, Br. 19, please try to visit. How much has Manila collected since 1984? Pasay, I had to go to City Hall, walk through to get to the Hall of Justice, with my cane. No elevator so I had to struggle up and down and sidle through narrow dark corridors.

    “We may not question the sole authority of the Chief Justice (CJ) to decide what to do with the money even if it is hard to reconcile with the 1987 Constitution on the legislature’s power of the purse. PD No. 1949 may be kept, even reinforced, but Congress and Malacañang must be told what is done with money stripped from the hides of litigants.

    “We cannot bring a foreign lawyer to City Hall (Manila, say, Branch 19 above). Baka matetano. QC Hall of Justice, files on corridors and stairways. No majesty of the law at all.

    “But my simple focus is how much has been collected in Manila since 1984 and what has been done with it? My assignment to my studes – to get a mid-term passing grade, bring to class a hard copy of any understandable quarterly report or accounting – on what has happened to Manila’s share of the JDF.

    “The CJ has the exclusive power to authorize disbursements of the Fund. The COA through the Supreme Court Auditor shall quarterly audit its receipts, revenues, uses, disbursements and expenditures and shall submit the appropriate written report to the COA Chair and to the CJ, copy furnished the CA Presiding Justice and all Executive Judges. Doveryai non proveryai—trust but verify.

    “I fully trust the CJ—more power—but I verify.”

    I caused to be copied the Court of Appeals Presiding Justice and Manila Makati and Pasay RTC and MeTc Executive Judges and in particular Manila MeTC-19, to help alleviate their working conditions.

    The bizarre pork happenings may yet end up in finding people guilty of reckless imprudence resulting in graft or plunder as no one can really oversee all that subalterns or fake NGOs do with the people’s billions. So good people who are overworked, overcriticized, underpaid and under appreciated may find themselves Ombudsmanned at the end of the day. But I still echo what they say in the US: good men should go to the ministry; the best ones should go to politics, not frats.

    Oh, in the news again. Upping penalties does not deter. Quick and sure punishment can. Lenny Villa was killed in frat hazing in 1991. We are now on our 24th year, in the SC. My client, Zos Mendoza, thrice cleared, still twists in the wind. A motion for recon has been pending since early 2012 in this weird case of Multiple Jeopardy. The SolGen should move to recon the DAP ruling, not only the acquittal in frat hazing.

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    14 Comments

    1. The yellow ribbon forces have been solely in charge of the government since 1986. Given all that has transpired since then, can you say with all honesty that it was indeed the good guys that took over in that revolt? Or was it the real crooks?

      • john c. jacinto on

        do you even care about our country’s history? after cory, it was ramos, erap, gma. were these three yellows?

    2. Tanchristine on

      Your comment is awaiting moderation…

      Ex sen. Sagisag is correct. Pnoy is not evil genius as called by ex sen. Arroyo. Pnoy is no genius…. Is he evil? In the book of dr scott peck, people of the lie, an evil person is one who thinks he is above reproach, projects himself with moral purity, a penchant for scapegoating, does not submit to a higher being or power, and the likes. What do you think?

    3. Atty. Saguisag labis akong di maka paniwala na ang isang tulad
      mo na dati rati ay laging nasa panig ng tama ay bigla atang
      nahipan ng hanggin at pilit na ipinagtatangol o pinapaniwala
      ang tao na si Penoy ay tama sa pagkakagamit ng DAP.
      Napakahirap lunukin na ang isang tulad mo na ang paniwala
      ko ay makabayan ay sasang ayon sa mga kasinungalingang
      nangagaling sa Palasyo.
      Ang dapat mo sanang ginawa bilang isa ng maituturing na statesman
      na may naguumapaw na wisdom eka nga ay sabihan ang naninirahan
      sa Malacanan sa tunay na kahulugan ng ng probisyon ng Saligang
      Batas. Paano magiging tama sa batas man o sa moralidad na ilagay
      mo sa iisang kamay o sa pagpapasiya ng isang tao ang Pera ng Bansa
      at gamitin ang bilyon bilyong pera ng walang Tamang pagpaplano na
      aprobado ng 2 sangay ng Legislatura. Ganun din naman ang
      paniwala ni penoy ng maghain siya ng bill para patibayin pa
      ang ngipin na hindi maisagawa ng isang Abnormal na pangulo
      na mag utos na ipunin ang hindi pa nagagastos na pera ayon
      sa aprobadong budget at ipasailalim na lang sa kaniyang pagpapasiya
      kung saan man niya dalhin at idahilan nalang ang good Faith sa
      pagamit nito kung sakaling mawaldas. Tulad na lang sa nangyaring
      suhulan sa pagkaka impeach kay Corona, kung naniniwala ka dapat
      matangal si corona dahil sa simpleng di niya paglagay sa saln
      niya ng dollar account niya, bakit pa kailangang manuhol ng bilyon
      para rin lang pumirma ang mga kenkoy na Kurakot kahit walang
      basahan sa impeachment charge, at di ba makakasiguradong
      ma giguilty kaya kailangan pa ang karagdagan ayuda para di na
      rin unawain na Lutong Makaw ang mga ebidensiya iguilty na ng mga
      senador.
      Ang panunuhol ba na halatang halata na naganap sa impeachment ay
      di kasumpa sumpa na sinalaula ang pera ng bayan. Wala man lang
      ata akong narinig sa iyo attorney kahit katiting na pagpuna.

      • john c. jacinto on

        asan ba ang ebidensya na ibinulsa ni pnoy at abad ang kahit isang singkong duling mula sa dap or whatever public funds? hirap sa inyo puro akusa, walang pruweba.

    4. It’s unfortunate that this man ( the writer of this article) does what he does. Making excuses for the misdeeds and unlawfulness of this administration is a cover-up and very wrong.

    5. NOD if You Agree on

      Mr. Saguisag,

      “The END does not justify the MEANS”.

      Where the hell is the FOI bill that B.S. Aquino promised during his campaign.

      “Evil or criminal genius PNoy could not be” Please strike the words “genius” and “not” from this statement.

    6. It is Joker, your friend and fellow anti-Marcos crusader and Cory’s executive secretary, who called PNoy evil genius. What’s between Joker and PNoy by the way? Why does Joker hate him?

      Don’t worry, that Marcos law will most likely absolve him. Ah but the irony!

    7. It turns out that President Aquono’s savior is Marcos. The dictator made a law that Cory sustained and has not been repealed by any of the democratically (?) Congresses and therefore continues to be a law of the land. Loook for Raissa Ribles’ website and read her research findiongs about Sec. 49 of E.O. No. 292, the Administrative Code of 1987, which legally allows any president to act as the budget dictator of our republic!

    8. Just couldnt believe there are still one who seems to believe a shameless, professional liar Penoy. All the wealth, lies thrown to Marcos family were losers, legally. As they won those cases. A few who couldnt get over it are still whining and bitter. Your soul are as bad as you big mouth full of lies. Enough fooling us.

    9. Ed Peñalosa on

      yellowtard to the end, Saguisag is.
      Reply:You may be disappointed to find out that Atty. Saguisag has pointed to Section 49 of the Admin Code of 1987 that gives the president, any president, powers to do what he did with the budget. THat law is originally a Marcos-made law. Then it was sustained by President Corazon Aquino and her executive secretary Joker Arroyo. Look foir Raissa Robles’website for a thorough discussion of this issue.

      • john c. jacinto on

        not all decrees and edicts issued during martial law are bad. it’s as simple as that.