Last of two parts
The military and the police
Violation of human rights continues unabated–whether it is in the Davaos or in Bukidnon or in places where there exist strong insurgency groups or strong, armed local executives. No effective prosecution is exercised. Criminals of various levels remain un-prosecuted and unpunished.
Many officers are under the pay and control of local and regional politicians, and, of course, by national politicians. And as a result of this close companionship, many military officers are also as corrupt as our traditional politicians. Just look at the stories of graft and corruption in the military, including those involving billions for the modernization of the armed forces.
The police is no exception, probably in a much greater sweep than the military. The kotong crowds involving officers and men are still there. Some of the policemen and members of the PDEA who catch drug manufacturers and pushers with huge caches of shabu and other prohibited drugs recycle them and become the sellers of the prohibited drugs to the drug lords, pushers and users.
BS Aquino has all the intelligence information about these drug criminals but they remain un-prosecuted and unpunished. Those who are prosecuted and detained in the New Bilibid Prisons (NBP) and the National Bureau of investigation (NBI) get privileged treatment – they sell drugs under the noses of their guards, enjoy libidinal companionship with movie actresses and their concubines as well as the women of the night, and have the comforts of home with TV set and cable connections, computers with internet connections and phones of all kind. Thanks to BSA and his minions, they are having the time of their lives and some of them have passes to enjoy the pleasures in privileged and luxurious watering places.
The military officers, according to a retired military source, are so engrossed in their careers, their concubines, their opportunities to make money through graft and corruption and their other vices. Gone are the days when you could find military officers who are concerned with their duties to the country and our people. What has BSA done about the situation?
A brilliant and courageous President will do these: remind the military of their duty under section 3, Article II of the Constitution which is, to wit: “Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.” It is obvious that the current military under BSA does not know or understand this provision of the Constitution. If they know, their interpretation is like that of Mohagher Iqbal’s interpretation, the State is BSA and his person should be secured.
That is an asperger syndrome interpretation.
The brilliant and courageous leader should immediately punish the erring and corrupt officials in the military; make them undergo a weekly seminar on values and value systems and on their constitutional duties to our country; develop love of country; and totally revise the curriculum in the Philippine Military Academy (PMA) and the Philippine National Police Academy (PNPA).
The Mamasapano massacre
The MAMASAPANO MASSACRE, which led to the death of 44 SAF officers and men and the wounding of a goodly number, demonstrates the incompetence, ignorance and irrationality of BSA policy creation and implementation; the incompetence of the military and police officers of the two basic rules of warfare in Sun Tzu’s Art of War– know thyself, know thy enemy, a hundred battles, a hundred victories; and deceive enemies, not your allies.
For this, BSA and his co-conspirators have a case of TREASON before the Ombudsman docketed as Adaza, et. al. vs. Aquino, et. al., OMB Case No. IC-OC-15 0351 for violating Article 114 of the Revised Penal Code for adhering to the country’s enemies or giving aid or comfort to the enemies of the country. The MILF is a friend of BSA but it is an enemy of our country and our people. So treason.
Any right-thinking President should prosecute the MILF officers and men for rebellion under Article 134 of the Revised Penal Code because it is included in murder. But BSA will not prosecute the officers and men of the MILF because they are his friends.
So the country is held hostage by BSA and Asperger Syndrome.
There are more insurgents today than before BSA assumed the presidency. Ambush here, ambush there, even in centers of cities and towns. There is more universal discontent in the country now than before BSA became “President.” And he claims to have made the life of the Filipinos better?
A President or leader of a country who has brains and balls can liquidate all existing insurgencies within 12 months from his assumption of power. It can be done, it will be done. President Marcos defanged the MNLF and sent its leader to the Middle East to seek refuge there. The mother of BSA revived the dying MNLF by going to Jolo to confer with Misuari, thanks to two of her advisers who will dishonor these pages if their names are mentioned.
The economy: for the rich, by the rich and of the rich
President Abraham Lincoln of the USA once defined democracy as a government of the people, by the people and for the people. Is the government of BSA a government of the people, by the people and for the people? It is a government of the rich, by the rich and for the rich.
Like the Cory administration, the administration of BSA is propelled by a cacique mentality – a land for hacenderos, by hacenderos and of hacenderos.
Foreign investments and foreign loans
I must make a belated apology to the late Senator Claro M. Recto. As editor-in-chief of the Philippine Collegian, I belittled his preference for foreign loans to foreign investments. But Recto was never exposed to the massive corruption in foreign loans.
Recto is correct. From my point of view, we need foreign investments like a hole in the head. We do not need foreign investments because we have enough money in this country to develop it and ourselves. Many owners of economic empires in this country are invested in foreign countries like Lucio Tan and Henry Sy, among many others, whose earnings in the Philippines are invested in China, Canada, Guam, Saipan, Papua Niugini and many other countries. The next leader of this country should do a Franco of Spain and tell these economic giants to repatriate their money abroad to the Philippines to develop agriculture and industries, build hospitals and schools and improve all educational and school facilities. If they refuse, our leader should do a Franco and confiscate their properties in the Philippines and let them enjoy a 12-feet underground relaxation to reflect on their sins and their crimes. Simple! You do not need to be autistic or schizophrenic to do that.
Most of the foreign loans are attended with graft and corruption.
We can do better than Brazil and Argentina which suspended payment of their foreign debt. The next leader should prosecute all the borrowers and lenders either for plunder or economic sabotage in Philippine courts. Threaten the foreign lenders of conviction unless they write off the foreign loans. The local corrupt borrowers should be asked to return their ill-gotten wealth to the government, otherwise they too will spend relaxation until they do an act of contrition and apologize to our people after confinement 12 feet underground.
This way we can have results.
Other sources of capital, the much ballyhooed Yamashita treasures which are in terms of billions if not trillions of dollars; the confiscation of the ill-gotten wealth of Presidents and their co-conspirators among politicians and businessmen and women; the retrieval of the Marcos reburied gold in many areas in the country; the ill-gotten wealth of mayors, congressmen, senators, members of the cabinet and sub-cabinet levels, other officials and their co-conspirators.
It can be done; it will be done by a brilliant and courageous leader in a constitutional transition government.
West Philippine sea and foreign policy
Whoever advised BSA to send a 53-man delegation to the Hague and engage the services of two topnotch law firms in London and New York to go to the Hague and discuss the issue of jurisdiction before the Arbitral Tribunal (AT) was a fool. All an intelligent President needs to do, if at all, is send a one-man delegation to the AT to discuss the issue of the jurisdiction of the AT. The man to send to the Hague should be no other than Justice Antonio Carpio who claims to know his international law. First, no arbitration can be had unless the parties agree to arbitration. China does not agree so how can there be arbitration before the AT? Second, if China agrees the enforcing agency of the United Nations (UN) is the Security Council of 15 members including China. Third, even if the majority agrees to enforce the AT decision, it cannot be enforced because China can exercise its veto power and trump the majority.
So the sending of the 53-man delegation and the hiring of two topnotch law firms is a waste of the money of the people and an exercise in inutility. Again, asperger syndrome.
The right thing for the national leader to do is to strengthen our armed forces by buying submarines, modern-day fighters, fast-moving vessels armed with torpedoes and Exocet missiles. After that we can police our territories in the Spratlys and improve our leverages in the bilateral negotiations. As President JFK put it so well, “let us not negotiate in fear but we shall not fear to negotiate.”
That’s how the ball game goes.
The Sabah claim
Legally, Sabah is Philippine territory. But in the fight between the heirs of the Sultan of Sulu and the Malaysian forces, BSA sided with the Malaysians. Very understandable because his father, NINOY AQUINO, torpedoed Oplan Merdeka on the floor of the Philippine Senate in a privileged speech.
Sabah would have been returned to the Philippines if the Marcos’ Oplan Merdeka were launched but it was derailed by an act with the stink of treason. So NINOY’s treasonous act of betraying the country is perpetuated by BSA as a matter of tradition.
Our relationship with the USA
America is always for America at the expense of other people of the world. We were the allies of the US during the Second World War. Her enemies were Japan, Germany and Italy. After the War, the enemies of America were granted automatic visas to enter the US and could stay there for 59 days. Filipinos have to line up for visas to enter the US and only about 25 percent of the applicants are allowed to enter America.
Has BSA demanded from the USA the same privilege it gives its its former under the principle of reciprocity and the most favored nation clause? No, he has not, because he has our slave mentality to America!
WE gave VFA and EDCA in a silver platter to America to maintain military forces in the Philippines in violation of our Constitution. If we must violate our Constitution as BSA usually does, why not ask America to give us a NATO-type defense treaty where an attack on the Philippines is an automatic attack against the US? If the US refuses, then we should terminate VFA and EDCA, violate our Constitution anyway.
Has BSA done anything about it? No because of Asperger Syndrome?
The judiciary and the judicial system
The Philippine judiciary and the judicial system is probably the slowest in the world and probably the most corrupt as well. As the saying goes, justice delayed is justice denied. It takes years to secure justice in the Philippines, thus it is justice denied.
The game played in the justice system is money and influence, so it is anti-poor. The rich can secure the justice or the injustice that they desire; the poor are left to scratch their heads in frustration and desperation.
Look at the AMPATUAN CASE, it’s been pending for 5 years and to think 32 journalists were unceremoniously murdered in the process. The PESTANO CASE is still in Cloud Thirteen. So many cases of detained prisoners are languishing in dust-covered files while many are unjustly spending time in prison.
What has BSA done about it? Nothing.
The solution \is simple – streamline the judiciary by removing the crooked judges and prosecutors in government; reduce to 5 the members of the Supreme Court and limit its jurisdiction only on issues of constitutionality, validity of treaties and death penalty; limit the number of divisions in the court of appeals and all appeals should be done by way of a petition for review from cases from the regional trial courts assuming original jurisdiction; all municipal trial court cases should end in the regional trial courts. All cases should be terminated finally in six months from the day of original filing for all cases and in all courts. Hearings and trials should be done away with and all cases shall be through pleadings and documents without any motion for extension in the filing of pleadings.
Abolish the MCLE and the IBP. Instead require all lawyers including prosecutors, judges and justices to attend a seminar one day every month on values and value systems and love of country. This is the intelligent thing to do if justice is to be delivered on time in a defined time frame.
Congress of the Philippines
This is probably the most useless branch of government in our country. The members are elected under the prevailing rules of the money and cheating game. Hardly anybody who gets proclaimed as election winners do the work of legislation. They do the work of graft and corruption – how to make money during their term so they can recoup their expenses in the last election and earn more to spend for their reelection. They are the co-conspirators in the massive corruption that is PDAP and DAP and other congressional entitlements in the budget.
Most members of both houses do not know the Constitution and the work of legislation.
The first thing to do is prosecute and convict the grafters and the corrupt. Convert to a parliamentary and federal system, so the numbers of legislators in a unicameral parliament will only be 45, with each state represented by 3 Members of Parliament who are the best and the brightest of every region or state. Abolish pork barrels and entitlements. Let MPs concentrate on the act of legislation not investigations which do not produce any fruitful results by way of appropriate legislation.
Let every legislative members undergo a psycho-neuro test. If we require our policemen and clerks to undergo such test – why not our legislators?
The BSA administration in the past 5 years is characterized by ignorance, incompetence and, to an unlimited degree, stupidity. It has created untold suffering for our people in various areas of the country. It parades hallucinations as achievements. Its beneficiaries are the privileged elites, the oligarchy, the economic giants, congressmen, senators, governors, mayors, members of the Cabinet, members of his family and his friends.
But nothing is ever late for doing something great for the country. BSA should graduate beyond KKK and Asperger Syndrome. Under sections 1 and 3 of Article 3 of the Constitution, he can organize a constitutional transition government composed of 9 of the best and the brightest in the country – committed to execute and preside over the institution of the following national programs for a beginning:
1. Free education for the poor and the middle class in the public school system;
2. Free hospitalization, medicines and medical services for the poor and the middle class in the public health system;
3. Terminate the CAB, FAB and the BBL and, instead establish a parliamentary and federal system with 15 or 17 states for a beginning with a unicameral Parliament with only 3 representatives from every state;
4. Prosecute and punish grafters, the corrupt and the criminal on the standard of the word Exile. Those who are mild offenders should be exiled in designated islands to reform; serious offenders should be exiled in jail to reform; and the very serious offender exiled 12 feet underground to reform or to be sent to Hell;
5. Put up socialized high rise building homes for the poor and the middle class;
6. Confiscate the ill-gotten wealth of all grafters, corrupt officials and criminals to be used for national development;
7. Nationalize all public utilities, systems of transportation and communication;
8. Terminate any attempt at privatization of government institutions like hospitals and those that are organized for public or service purpose;
9. Terminate the K-12 formula of education and instead install a proposition oriented approach to education with elementary education in 5 years, high education for 3 years, preparatory courses before graduate school for 2 years; reorient and reorganize the school curriculum with emphasis on values and character formation and adequate skills training for expertise in various fields of employment;
10 Re-orient and re-educate our people for the development of proper values and character, and for love of country;
11. Evolve a judicial system that would finally terminate cases in all courts by limiting the number of justices in the Supreme Court to 5 with exclusive and original jurisdiction on constitutionality, validity of treaties and death penalty; limit the number of divisions in the court of appeals with appellate jurisdiction only from cases emanating from original jurisdiction in the regional trial courts; all cases emanating in municipal courts should end at the regional trial court; eliminate court trials and hearings and instead have all cases submitted on pleadings and draft decisions without extensions in the filing of pleadings; disband the IBP and instead create 3 voluntary bar associations – one each from Visayas, Mindanao and Luzon; organize one day in each month a seminar on values and value systems and love of country for lawyers, judges, prosecutors and justices.
12. Demand from the United States an automatic visa for Filipinos to enter and say in the US for 59 days on the principle of reciprocity and the most favored nation clause and a NATO-type defense treaty;
13. Develop our agriculture along the lines of Masagana 99 with subsidy to our farmers and industries in all fields of development;
14. Living wage for our laboring class and workers in government;
15. Professionalize the bureaucracy under the merit system;
16. Recognize and subsidize our writers, artists, inventors and the gifted in all fields of human activity ; and
17. Modernize our armed forces so we can terminate all insurgencies in a 12-month period and negotiate with China on the issue of the West Philippine Sea to arrive at a just and rational solution.
These for a beginning! Impossible to do? In the immortal words of George Bernard Shaw rendered more popular and immortal by Robert Fitzerald Kennedy: “People see things as they are and ask Why. I dream of things that never were and ask, Why not?”
Why not a Philippines that has all these for a beginning? The decision is yours and mine. Let’s build a country. Let’s build it together. Think Maharlika and then we begin our journey to the Promised Land.
Atty. Homobono A. Adaza was elected in 1980 as Opposition Provincial Governor of Misamis Oriental, one of two opposition governors elected throughout the country out of 73 governors under martial law; elected Opposition Member of Parliament representing Misamis Oriental under martial rule; and Commissioner of Immigration for about 3 months under President Fidel V. Ramos