On Janet Napoles, a friend emailed that he feared disinformation is entirely possible for underlings and subalterns to take the rap. Fair enough. However I don’t know whether the presidential power to pardon may be diminished by imposing sentences without the possibility of parole, as he suggested. The Constitutional power here is plenary. No parole seems to be SOP in truly heinous crimes in the U.S., but, arguably, not here. Pusong Mamon. Her mug shots show that she is being punished far beyond what any court can impose.
Let’s make her a state witness.
May I suggest that Janet now simply be asked to execute an affidavit detailing what she did,to be given to the Department of Justice (DOJ) in a formal preliminary investigation with her as well as Does as respondents. The case is to be filed in court speedily against her alone. She pleads guilty. The judge sentences her taking into account her having voluntarily surrendered and having pled guilty. She writes PNoy, through the DOJ, for clemency. Revised Penal Code, Art. 5, second par. She starts serving her sentence immediately. PNoy, in appreciation, for her cooperation, commutes her jail time or pardons her, effective June 29, 2016, his penultimate day in office, while she sings like a canary between now and then. She also restitutes what she can, within reason.
The deposition suggested by Senator Miriam may take time, and probably won’t be finished within 2013, as counsel for the suspects can lodge endless petitions for Temporary Restraining Orders (TROs). Their right.
Taking the long view, I repeat, pork is not toxic per se. We have to identify and take care of the innocents who may get unfairly harmed by abolishing pork.
Were I Prez I should not have to consult people in a Million People March before sending whatever sum to a devastated calamity-stricken area and the like. We cannot outlaw typhoons nor abolish calamities and emergencies. The poor we’ll always have with us.
September 11 next week reminds us of the Twin Towers devastation and of the birth anniversary of Macoy. His wife, daughter Imee, and Bongbong were directed to return billions to the treasury. 406 SCRA 190 (July 15, 2003). But no outcry to prosecute them for their ill-gotten wealth, unlike in the case of Janet, for relatively loose change.
Even then I asked ponente Rene Corona why not? Today, July 18, 2003, p. 8, col. 2., Uncle Jovy Salonga was all praises for Justice Rene, while his suwail na pamangkin (me) again asked the foolish question of the day about my tocayo (who called the unwashed mob at Edsa in late April 2001, “ang mga walang salawal, walang ipin, atbp.”, mata pobre, not showing the breeding of his father, a true Batangueno caballero).
September 11 is when we Masasamang Damo survivors plan to honor Joker Arroyo, our elder who went by the fixed star of human rights from Day One. Under the new law authorizing compensation for human rights victims, P10B goes to the human rights victims, the amount originally suggested by Joker in his bill years ago. For some weeks now, my name gets floated to head the Human Rights Compensation Board, which I have not really entertained. Dealing with health issues, I ask, why not the best? Joker. Last we met with women writers with whom we worked during martial law, mukhang makamandag pa. (Today, as I write, I writhe in pain, in my right hand. Pinched nerve?)
Why not the best,indeed? And the best is Joker, sin duda, who from the start pointed out the fixed star we, mga uhugin, in human rights have gone by. PNoy, be Lincolnesque, time to let bygones be bygones. No one living can match the human rights record of your father’s lawyer. Old school.
As old-school as Atoy Rojas, NBI head honcho, who attended San Beda from grade school to law. Morir antes de dimitir (to die before resigning) we are not taught there.
Of course, under Art. 238 of the Revised Penal Code he must await acceptance. One may not just resign and walk away—a superstition as widespread it seems as one should be the least guilty to qualify as a state witness. He should not appear to be the most guilty, under Sec. 17 of Rule 119 of the Rules of Court.
September 11 is also when another massive demo is to be held at Edsa. I am not joining, in my shape. It may be the Right Thing by the Right People for the Right Reason, but I wonder whether it is to be done at the Right Time and the Right Place.
Pity the poor who work arawan.