New Philippine Revolution

Shalani Soledad wept in her wedding

noreply@blogger.com (PatricioMangubat) — Sat, 28 Jan 2012 00:35:00 +0000

The Bride who was sacrificed for the sake of
the Filipino People

The camera never lies. When the camera shot the beautiful bride, Shalani Soledad, she was on the verge of crying a bucketful. For someone who just separated from her lover several moons ago, and now, married to someone she just met last August, it must have been a whirlwind and a difficult thing to accept for the thirty four year old beauty from Valenzuela.

What were her thoughts back then, minutes before she walked the aisle and unto the arms of her new husband, Pasig Congressman Roman Romulo? Was she thinking of President Benigno Noynoy Aquino, the lover that decided to sacrifice his own happiness in favor of the presidency?

Noynoy decided to end his relationship with Shalani a few months after his vows before the people. The people, they say, are a jealous lot. They want their president for their own. Rumors also of Shalani's past haunted him, who, sources very close to PBSA3 say, disturbed but never changed his love for her.

Sources told me that Pnoy just locked himself up in his Bahay Pangarap during the time that Shalani and Roman were saying their vows at the Ayala Westgrove church in Santa Rosa Laguna. Pnoy reportedly asked his aides not to disturb him. Pnoy had just ordered his aides to send his gifts to the newly-weds, since both are his friends.

Shalani, according to friends who attended the wedding, was simply elegant. She was wearing a very simple Inno Sotto gown, with a veil hiding her lovely face. That veil hid her lovely eyes. No one ever noticed that, minutes ago, those eyes were filled with tears.

Were they tears of joy or of sadness or of regret? No one can tell, except Shalani who probably cursed the day when her love, Pnoy, went unto that stage, and promised to serve this country as its Bachelor President?

It must also been hard for Pnoy. At fifty years old, Pnoy has been reported to date this and that, and been seen, cozying up with this girl and that girl, only to end up, just by his lonesome after a dinner date. When he was still a Senator, Pnoy looked radiant. Look at his latest photo now, and you'll noticed that Pnoy, our President, just got thinner and he aged a lot. The burdens of the Presidency must have taken most of his time and his health as well.

I pray for a time that we will not burden the Aquino family anymore on the affairs of the Philippine State. This family has taken more hits than any single one of us. The Aquino family has been tortured to no avail during the dictatorial regime of Marcos, humiliated, spit at, and isolated. It was the Filipino People who urged this family to take the cudgels of leading the fight for democracy. This family has sacrificed a lot for the Filipino Nation.

BY 2016, I hope that we give Pnoy and his family, the rest that they deserve. The Aquinos must retire from politics, knowing full well that they have contributed enough for the Inang Bayan and their stature in history will never be questioned. If the Americans have their Kennedys, we have our Aquinos.

Pnoy should stop playing and concentrate on his work as President

noreply@blogger.com (PatricioMangubat) — Sat, 28 Jan 2012 00:09:00 +0000

As some of us salivate over news of another Pnoy tryst with a Korean celebrity, many of us are deathly worried over the cavalier attitude of this government insofar as economic matters are being discussed. As Pnoy tries to cozy up with Korean celebrity Grace Lee, the Philippine stock market dived to its lowest in two years. Foreign investors are not buying what Pnoy told the business community that this administration will further open the domestic markets for globalization. How can that be possible, when the business tycoons of this country are slowly making a killing by limiting the space that foreign-based investments can actually play on?

Tell me of just one Private-Public Initiative that took off and I'll tell you, there's none. Tell me of one big company sued by this government of economic sabotage and I'll tell you, there's also none. Ask me if some big time businessman has been put to jail for not paying the right taxes and i'll also tell you, there's no single animal out there who was hand-cupped and put in jail. Those press releases from the Bureau of Internal Revenue (BIR) are not making it quite easy for investors to really consider the Philippines as an open market.

Carmen Pedrosa in her article today over at the Philippine Star blame wrong policies of the Aquino administration as the reasons for the lackluster economic performance of government. There is so much potential in this country but this administration is taking its sweet time, spending precious moments planning instead of just implementing what the previous Medium Term Development Plan (MTDP) PROPOSED SEVERAL ADMINISTRATIONS AGO. That plan was a blueprint, yet some if not many of its proposals are being left to rust in time by this administration.

How then can it solve the increasing number of job hunters in the market or the debilitating rise of poverty throughout the archipelago? Graft and corruption continues unabated, and if we are to believe certain quarters, like what my friend Bobby Capco wrote in his column, corruption continues at the Bureau of Customs, even. Big-time players have cornered the entire market, and those two idealists whom Pnoy put in trust there, remained busy counting their blessings, never their accomplishments.

Politics is destroying this administration, bit by bit, and I'll not be surprised if later on, we see a hollow administration.

Tampakan Copper-Gold project---Aquino's ZTE in the making?

noreply@blogger.com (PatricioMangubat) — Fri, 27 Jan 2012 11:18:00 +0000

DENR secretary Ramon Paje in his 9 January 2012 decision rejecting the ECC application of Sagitarrius Mines Incorporated (SMI) rationalized his decision by stating this in his letter to Mitch Cuna, the OIC chief of the Environmental Management Bureau (EMB):

“We are returning herewith the application documents with instruction to deny the same without prejudice to resubmit until the issues and concern on the use of open-pit mining method have been clarified and resolved by the company [SMI] with the Provincial Government of South Cotabato,”

The ECC or Environmental Compliance Certificate based on the Philippine Mining Act of 1995 is described as:

"Environmental Compliance Certificate (ECC)" refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system.

CLEARLY, Paje acted in excess of his powers and jurisdiction as the DENR chief for two (2) reasons: First, he rejected the ECC using the open pit mining ban issued by the Provincial government of South Cotabato as a reason. Paje probably did not know the law or was absent when the DENR law was being taught to him.

By using this as a reason, Paje exceeded his duties and powers as DENR chief. It is clear in the environmental laws of this country that the ECC is to be granted to an entity if an EIS (Environmental Impact Study) was submitted and all documentary and regulatory requirements are satisfied by the applicant company.

A DENR circular memorandum issued by then DENR secretary Angelo Reyes dated July 2007 says in very clear language that :

No permits, and/or clearances issued by other National Government Agencies and Local Government Units shall be required in the processing of ECC or CNC applications. (provision no. 1 in DENR MEMORANDUM CIRCULAR NO. 2007 - 08 SUBJECT : Simplifying the Requirement for Environmental Compliance Certificate or Certificate of Ron-Coverage Applications)

Likewise based on the ECC approval process flow, only the EMB DIRECTOR can reject or approve the ECC of the applicant, based on of course, suggestions from other government agencies. You see, when an application is submitted to the EMB, the application is passed to other relevant agencies.

Besides, the reason used by Paje in rejecting the ECC is also FAULTY and in direct contravention of the law because the Philippine Mining Act of 1995 does not require the people's approval in the issuance of the ECC:

Sec. 70 Environmental Impact Assessment (EIA). Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit, an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environmental Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance, and prior consultation with the local government units, nongovernmental and people's organizations and other concerned sectors of the community: Provided, That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. People's organizations and non-governmental organizations shall be allowed and encourage to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection.

Clearly, this means that the participation of the DENR and the EMB in issuing an ECC is MINISTERIAL. If the study followed the Philippine Environmental Impact assessment and procedures and those of Section 26 and 27 of the Local Government Code of 1991 and prior consultation, then the government is free to issue an ECC.

Prior consultation provision in the law only says that the applicant shall involve people's organisations and NGO's and other concerned sectors of the community in "ensuring that the contractors/permittees shall observe all the requirements of environmental protection." If the applicant has substantially followed and satisfied the requirements of the law, it is the right of the applicant to be issued an ECC.

I have been part of the ZTE scandal, and I sense something terribly wrong with how government handled this thru the DENR secretary. Paje should explain this otherwise, there might be some confusion especially from the foreign investor community. This is ONE EXPLOSIVE ISSUE WHICH COULD HURT THE REPUTATION OF THIS ADMINISTRATION.

The Tampakan Project and Why Foreign Investors are wary about the Philippines

noreply@blogger.com (PatricioMangubat) — Fri, 27 Jan 2012 05:47:00 +0000

DENR secretary Ramon Paje just issued a denial of the Environmental Compliance Certificate of Sagitarrius Mines Incorporated (SMI), the major and only contractor in the Tampakan Copper-Gold project in Mindanao. Paje said in his denial that SMI should resolve the contentious open pit mining ban issued by the Provincial Government of South Cotabato before an ECC is to be issued for SMI.

I simply don't understand the logic of Mr. Paje. Based on law and existing jurisprudence, the issuance of the ECC is ministerial in nature by the authorising agency, the Mines and Geosciences Bureau of the DENR. An ECC is a right or privilege granted to a juridical entity to explore the natural resources of a given area. The requirement is simple---when an entity submits its Environmental Impact Study and the EIS is deemed substantial compliance already by the MGB, the issuance of an ECC is already given and is ministerial.

There is no provision in existing law that an ECC can be denied simply on the basis of a ban imposed by a local government unit nor is it based on the whims and caprices of a Cabinet secretary. The law is clear--to avoid an exercise of excess power and jurisdiction by a Cabinet member, the legislature made it substantially clear that the denial of an ECC can only be imposed if the applicant has violated existing laws or has not made any study to mitigate the impact of such an exploration. Simple. Clear.

Is there any other reason to deny the ECC of a compliant SMI?

Mr. Paje should be made aware that the Tampakan PROJECT is a government project. It is not a private initiative of SMI. SMI is not just working for itself---it is a contractor of government. As a contractor of government, it is entitled to the full support of government, whether Paje likes it or not. It is the government that asked SMI to assist it in minerals exploration of Tampakan and not the other way around. When SMI passed the regulatory conditions set forth by the government as a contractor and when SMI won the contract, it is already presumed that the government already reviewed the technical competence of SMI as a contractor.

Don't tell me that now, government is reversing itself by saying that the very contractor it chose to handle the project is incompetent or technically unfit to handle the project? Who actually made the decision to hire SMI, ISN'T THE GOVERNMENT ITSELF?

Mr Paje's decision lay bare a government trying to undermine itself. That is not what President Aquino III wants. When he made a statement yesterday, assuring the business community of an open and liberal economy, President Aquino was trying to communicate to the foreign and local investor community of government non-interference to the business community.

How, then, can President Aquino explain this?

Even Mr. Paje's logic is very unsound. He says in numerous interviews that SMI should go to the courts as a remedy.

The Tampakan Copper-Gold project is one of the most ambitious minerals project of the GOvernment of the Republic of the Philippines. The project is expected to generate close to 39.8 billion pesos in royalty payments alone to the indigenous communities there in Tampakan. That amount would substantially develop the area and erase the scourge of poverty in that part of Mindanao. Imagine how many jobs would be generated by that.

SMI has spent close to 135 million pesos already in development projects alone in Tampakan. SMI is also the top revenue payor in the country. Other benefits include:

The region would enjoy substantial benefits from the mine which include:

An annual contribution of on average PhP134 billion to Philippine gross domestic product (GDP) each year over the construction and operation phases – equivalent to an additional annual increase of 1% to Philippine GDP
Total government revenues (national and local) through a variety of taxes and charges of approximately PhP307 billion (nominal) over the life of the Project
Royalty payments and direct contributions in excess of PhP39.8billion (nominal) to local communities and local indigenous groups over the Project’s life
Opportunities for approximately 10,000 workers during the peak of the construction phase and direct employment opportunities for approximately 2,000 workers during the operations phase
Engagement of local contractors and service providers, generating further substantial employment within the Philippines.

Quite often, President Aquino has been severely criticized for not taking care of the economy. He was previously even blamed for the lack luster performance of the economy.

Now, this humongous investment project lies before him and his cabinet. As a government project, SMI deserves the full support of the Aquino administration. This project, if operationalize, would be the fifth largest copper-gold mine in the world and the largest in the Philippines.

Why make it extremely hard for SMI as a government partner to secure all these clearances and permits? Is Paje waiting for something?

I am afraid that if this administration mismanages or mishandles this issue, this could explode right before the very faces of these Cabinet members.

Senator Lito Lapid's wife arrested for dollar smuggling

noreply@blogger.com (PatricioMangubat) — Thu, 26 Jan 2012 00:21:00 +0000

Senator Lito Lapid's wife, Marissa, was reportedly arrested in the United States for dollar smuggling. She had with her a bag containing US$ 50,000.00. That's 2.5 million pesos.

Lapid confirmed the arrest and says that his wife is okey and out on bail. The alleged smuggling happened last November 2011.

This is another embarrassing situation for us, Pinoys. Imagine, Leon Guerrero, who is supposed to be poor and the representative of his economic class, having at least US$50,000 just for shopping money.

Of course, we are not in the position to question Senator Lapid. He's not the poor stuntman anymore. He was once Pampanga governor. And that US$50,000 is just, what, loose change?

Anyway, I don't know with you, but this calls for an inquiry. The issue involves a Senator. Maybe it's also time to open up the SALNs and ITRs of Senators?

Will this issue spark calls for another cleansing process, this time, the Legislature? Maybe. Let's see.

President Corazon "Cory" Aquino--remembering the First Filipino Citizen

noreply@blogger.com (PatricioMangubat) — Wed, 25 Jan 2012 00:59:00 +0000

" The MOther of the Nation"

I still remember the very last time I saw former President Cory Aquino alive---when we had a meeting with her about the impeachment of former president Gloria Macapagal-Arroyo. She was frail then, but the sparkle in her eyes betray her true strength. Cory was one of a few individuals whom I met who exuded great strength in their spirits. As what the Good book says, the flesh may be weak, but the Spirit is willing.

How many times did this great woman sacrificed her life for the country she and her husband loved more than themselves? Many times. Even during her bout with cancer, Cory's mind was about the people who were risking their lives trying to fight the most evil of all regimes back then---the Arroyo regime.

I remmeber in 1988 when her administration got the most punishment from reformist soldiers and she went to pray for guidance in a church where we were then (Kiko was there, David Celdran our student council president was there and some colleagues of mine). Me and my friend, Hector Halabaso was left with only 25 centavos in our pockets when the coup began. Despite this, we went to the church where Cory was at, and we prayed with her. That was the first time I saw her. And the last time was about two decades hence---in a coffin where she lies.

Cory said this once: " I would rather die a meaningful death than live a meaningless life." For this woman, she lived a meaningful life, inspired millions to live according to the Truth, Justice and Democracy.

She epitomized the First Filipino Citizen, who rises to the occasion and retires when the job has been completed. When her country encounters problems, Cory was there, with the people, struggling with them and afterwards, returning to her home to tend to her domestic duties.

Cory experienced both a meaningful life and a worthy death.

Her death inspired millions to continue living as a model citizen, able to distinguish between good and evil, Right or Wrong, and resist darkness where ever it may be.

Cory is a revolutionist. Cory is the model of a revolutionist who exercised her will over tyranny and derived her strength from the people. The masa, as what she always say, is her boss. And she will forever be imbedded in our hearts.

To madame president, may your Spirit live forever! May God take good care of you and I hope to see you soon.

Liberal Construction

noreply@blogger.com (PatricioMangubat) — Wed, 25 Jan 2012 00:26:00 +0000

In Law, there is such a thing called statutory construction--the study and interpretation of laws. In interpreting laws, there are also two things, quite commonly practiced--a strict interpretation and a "Liberal" construction. A strict interpretation means application of the law based strictly on what it truly means while in "liberal", a loose or often, "open" interpretation of the law.

Interpretation as to the letter or "spirit" of the law depends entirely on the courts. It is the court's duty to interpret what legislators meant or intended to do in the law.

In this impeachment trial, interpreting what the Rules say, is reposed to the member jurors of the Senate as a court. The presiding officer, Senate President Juan Ponce Enrile, is just that--presiding over the entire proceedings.

Now, what does the prosecution wants? It wants a liberal construction on the Rules on Evidence. Enrile asks--how liberal would you want the court to be? What do you mean when you said, a liberal construction?

" Is it like what the Aquino administration interprets the energy sector deregulation law? That the state is entirely powerless to stop rising fuel hikes by oil firms?"

" Is it like how the Aquino administration thinks the market should be? That food manufacturers can do exactly what they want, change their prices every single day, hike them up, so that people would not be able to pay for them?"

" Is it as "liberal" as what the Aquino administration thinks the Supreme Court should have acted---stop the TRO filed by Arroyo and send her to jail without even considering if there are actual and strong facts attending to the crimes charged against her."

" Is it as "liberal" as what the 188 Congressmen intends to conduct their business? Just sign papers without even reading them."

UNwittingly, the prosecution erred when it questioned the way the Senate acting as a Court interprets the Rules on Evidence. Why? Because they unwittingly revealed the true reason behind the ouster move--they want nothing more than transform the Senate into a "LIberal territory" Hehehehe.

Who stands to gain from Corona Impeachment Trial?

noreply@blogger.com (PatricioMangubat) — Tue, 24 Jan 2012 13:32:00 +0000

Who really stands to gain from the Corona impeachment trial? If Corona is impeached, will real changes follow in the judiciary? What kind of changes are needed? Is this fight only about graft and corruption, and nothing else?

Until now, Malacanang has not given us any inkling as to the kind of reforms the President wants to do with the judiciary. Reforms are actually administrative matters which only the Chief Justice is allowed by the Constitution to do. The President said, this impeachment trial is part of a "cleansing process" which will benefit the Judicial department in the long run.

However, Malacanang is still clueless as to the specific changes it wants. It only knows one thing--oust Renato Corona as Chief Justice. Will the ouster of Corona put an end to graft and corruption in the judiciary?

I bet my Singdollar that this so-called "opening and public disclosure" of Corona's SALN will be the first and the last time a member of this institution will publicly disclose his SALN. After this trial drama, and Corona's impeached, every single thing will revert back to its original status. Money will still change hands in the judiciary. Money will still be the prime "influencer" in decisions rendered by the Courts. Why?

Any human-made institution is vulnerable to corruption. Even in modern countries, judges are also being corrupted and are corrupting the system too.

Moreso, this impeachment trial, when it began, has already harmed democracy in this country. Instead of real changes, democracy has been put under a very dangerous state.

If Corona's impeached, and the entire Supreme Court is changed by people close to the Palace, what then will this Court be like? It will just be a rubber stamp by a strong Chief Executive. The independence of this Court has been compromised.

The same thing will happen if Corona manages to stay---every single decision will be questioned ab infinitum by a Strong Chief Executive. Even decisions handled by law firms and lawyers who became part of Corona's defense panel will always be subject to doubt and scrutiny.

Malacanang is courting serious political problems when it did this. What happens for example, if the Supreme Court, who is now handling the electoral protest of palace close-in Mar Roxas, decides to issue a denial of this protest case? Will the Roxas camp just keep its silence and respect the decision of the Court who earlier accused him of conspiring to oust the Chief Justice?

Or, what will happen if the SC renders a favorable decision? Certainly, the Binay camp will accuse both the Palace and the Judiciary of conspiring against Binay or even Binay accusing the Palace of forcing itself before the Judiciary, hence, the unfavorable decision?

What happens now to pending cases which are political in nature?What happens now to cases where the government is a party? Even if the Supreme Court renders a decision entirely based on law, in the minds of the public, these decisions are tainted already.

A favorable or an unfavorable outcome in this impeachment trial is immaterial now. Corona's part in this this case has now been been rendered irrelevant. Corona has now dragged the entire institution into the pits.

Stronger Elite Dictatorship in the works?

noreply@blogger.com (PatricioMangubat) — Sat, 21 Jan 2012 03:03:00 +0000

Alan Paguia, former counsel of deposed president Joseph Estrada and Atty. Homobono Adaza have allied and filed a case appealing for a TRO against the impeachment trial. Both lawyers say, that impeachment trial is unconstitutional.

These two had brushes with the Supreme Court before, especially Paguia who once courted the Court's ire. Curiously, they are now the ones "defending" the Supreme Court. Trying to court favors with the Court? I doubt it. I know the calibre of these two colorful characters. Adaza is a good friend, and former counsel of the Young Officers' Union (YOU). He is an idealistic guy. Maybe he's doing it because he really wants changes in government.

S4S (Solidarity for Sovereignty) is a highly credible organisation of idealists. They really want changes. However, I don't know why they tried to ally themselves with this impeachment issue. It is very hard even tactically to defend someone whom the people perceive even now, as corrupt. If S4S thinks that this is an explosive issue that is sure to hit President Aquino directly, then, their reading is faulty, to say the least.

The issue is the creeping dictatorship of the elites, led by the Aquino faction. The issue is the attempts at using the very Constitution to institute an elite dictatorship. And the real issue is not Hacienda Luisita or any other cases where certain personalities close to the Chief Executive have interests on. No.

The issue is---the repeal of the Military pacts between the UNited States and the Philippines. The issue is the amendments to the VFA between these two countries which, certain quarters suspect, contain provisions that violate the 1987 Constitution. And since any constitutional amendments or revision are out of the available options, changes are to be coursed through the Supreme Court.

This early, we are feeling the effects of a strong elite-based dictatorship in the way this administration acts and feels about certain issues. ON Economic issues, for example, the prevailing policy is globalization and a free for all economy. This is to benefit Big BUsiness interests especially with those close to the President.

On the political side, strengthening of the main political aggrupation of close Aquino associates to further their hold on to power even after 2016.

Many people ask me--where will all these lead to?

If the impeachment trial goes by the distance, expect an acquittal. The acquittal will further damage the relationship between the executive and the judiciary because, as what I wrote several entries before, for as long as Corona stays as Chief Justice, decisions issued by the Supreme Court will be scrutinized and will be under a cloud of doubt.

If the impeachment trial is cut short--and many people expect this to happen--then it would lead to political chaos, which could be exploited by unfriendly forces.

The Buddha Bar experience in Manila

noreply@blogger.com (PatricioMangubat) — Sat, 21 Jan 2012 02:36:00 +0000

BUddha Bar in Makati

I always want to dine with my family and friends. That's the secret to my younger looking skin (Vilma Santos). And I always fine some special place out there to treat them.:-)

Really, Manila is a fun place to go to when in Asia. You have lots and lots of places to go to to dine, eat and just banter with friends. There's a cornucopia of things to do, see, and experience.

If you want a nice place to chill out, I guess the new talk of the town right now is simply Buddha Bar.

Buddha bar signature dessert--sesame ice cream

Yep, this French restaurant is now here in Manila, thanks to the sweet and young entrepreneur Amable C. Aguiluz. Aguiluz partnered with the owners of Buddha Bar and they built a lovely, cozy restaurant right in the heart of busy financial district of Makati.

Opps...Buddha Bar is not just a restaurant...its a lounge place, where you're expected to chill out, eat the most delectable fusion dishes out there and just take the pleasure of sharing and talking almost anything with your friend, family and whoever you desire.

Be with the right crowd when you dine

Cut the impeachment trial crap! Don't worry about rising fuel prices. Be still, don't worry about your baby twin's crying. For a moment, indulge in the Buddha bar experience.

Really now, I cannot describe to you what I really felt when I was there a couple of days ago. It was lovely. It was surreal. It was cosy. It was delicious. It was entertaining. It was informative. It was true fun.

Buddha bar serves lunch so if you want a high powered lunch with high powered people, you know where to go.

IMpressive interiors

Buddha Bar is located at the former IS grounds. It's at PICAR, along Kalayaan avenue. It's a one way street so you better sharpen your sights because Buddha Bar is just on your left going to Makati avenue. If you're in Makati avenue, its just a few steps away. Best if you go there with your own car. There's ample parking.

For foodies, I suggest you try their signature sesame ice cream, so lovely.

Their Buddha bar branded dishes are really some of the best tastes around. The cuisines are Asian-inspired, although most are fusions of delectable Western delights and Asian spices.

Former Justice Cuevas should inhibit himself from Corona Impeachment Trial

noreply@blogger.com (PatricioMangubat) — Fri, 20 Jan 2012 01:12:00 +0000

Former Justice Serafin Cuevas is still one of the most respected legal minds in our country. Even at the age of eighty three years old, Cuevas' mind is a rich repository of legal history and experience in litigation. Watch the Impeachment trial, and you'll find Cuevas making mince meat of the younger legal experts in the prosecution panel.

I am in the opinion that Cuevas should continue his service as lead counsel in the defense of Chief Justice of the Supreme Court. Republic Act 910 states that:

AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-SIXSection 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at least twenty years' service either in the judiciary or in any other branch of the Government, or in both, (a) retires for having attained the age of seventy years, or (b) resigns by reason of his incapacity to discharge the duties of his office, he shall receive during the residue of his natural life, in the manner hereinafter provided, the salary which he was receiving at the time of his retirement or resignation. And when a Justice of the Supreme Court or of the Court of Appeals has attained the age of fifty-seven years and has rendered at least twenty-years' service in the Government, ten or more of which have been continuously rendered as such Justice or as judge of a court of record, he shall be likewise entitled to retire and receive during the residue of his natural life, in the manner also hereinafter prescribed, the salary which he was then receiving. It is a condition of the pension provided for herein that no retiring Justice during the time that he is receiving said pension shall appear as counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein and officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, insular, provincial or municipal, or to any of its legally constituted officers.

IN this Republic Act, the law says that a pension of a retiring justice cannot appear as counsel before any court in :

a. any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party or in;b. any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office orc. collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government...

Now, Justice Cuevas is a retiree from the Supreme Court and is still receiving pension from government. He now serves as lead counsel in the defense of the Chief Justice in an impeachment case.

An impeachment case is a totally different animal altogether. It is not a civil case nor a criminal one. It is a case created by the Constitution so that those with constitutionally mandated terms who violated the provisions of the Charter be made liable for their crimes and allowed an exit.

If you'll be technical about it, there is absolutely nothing wrong with Cuevas serving as lead counsel for the defense.

However, how will we interpret this phrase or sentence in RA 910? It says

"...or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the GOvernment....or any of its legally constituted officers."

Meaning, we should allow Cuevas to continue representing the Chief Justice as legal counsel PROVIDED that Cuevas does not receive any fee in his representation thereof. This provision covers him technically since impeachments are administrative proceedings which government is interested and the one being impeached has interests which are adverse to government.

If, it is proven, that Justice Cuevas is receiving fees from his appearance, he risks his pension.

UPCAT

noreply@blogger.com (PatricioMangubat) — Fri, 20 Jan 2012 00:17:00 +0000

DURING MY TIME, THE UPCAT WAS MORE THAN AN ENTRANCE TEST. IN OUR CLOSE CIRCLE OF NERDS, THE UPCAT WAS A TEST NOT JUST OF YOUR STOCK KNOWLEDGE BUT YOUR WILL. IT IS ALSO A BRAGGING RIGHT.

When I took the UPCAT in 1987, I had no expectations. I found the test, especially the science part, easy. The rest of the sections, I found to be rather okey. When I asked my schoolmates and classmates, they found it quite difficult.

Back then, the country was in a period of great turmoil. The year old Aquino administration has just been formed and a new Constitution has just been presented before the masses for their approval. Publicity says it was the freest of all Constitutions, and the people were convinced.

I was then a Boy Councilor of the Municipality of Marikina. A close Aquino appointee, Mayor OIC Valentino just created the Marikina Youth Development Foundation. We were the first board directors of the Foundation. And we were the very first "boy officials" of Marikina.

As a boy councilor, I was tasked and was asked to familiarize with legislative procedure. Admittedly, I still remember the experience and I enjoy every minute of it, especially the debates. I love debates.

These first boy councilors were elected by a thousand other student leaders of different schools in Marikina. I don't know, but I was elected by a majority.

Conquering the "political scene" of Marikina, then, was something extraordinary. Passing the UPCAT iced the cake.

When I saw my name among those who passed the quota course in Political Science (I ranked 23rd overall), I was stricken by uncertainty. This is a totally different experience. HOw will I fare in this university? I was a new comer from the backwaters of Philippine society. My family is not as rich as the others. I also had several relatives who died fighting the Marcos regime.

UPCAT is the first obstacle to hurdle. The next was, the rigorous academic discipline that UP imposed upon a freshman like me.

UPCAT for me, is the great equalizer. It gave young people like me the chance to cross swords with the rich and the privileged other students of my generation. UPCAT gave me the opportunity to learn more about the world.

IN my time, the UNiversity just accepted 8,000 plus freshmen. Today, I learned that 12,000 plus passed the UPCAT from 73,000 applicants. Eventually, this 12,000 will still be pruned to manageable levels. And those who will survive the pruning, expect the next steps to also be as tough and even tougher than the UPCAT.

The empty second envelope--January 19, 2001

noreply@blogger.com (PatricioMangubat) — Thu, 19 Jan 2012 01:30:00 +0000

A decade ago, I remember being at Mendiola bridge with several hundreds of people. This was what people who benefited from the successor administration termed as "EDSA dos"--a repeat of the first EDSA which toppled former strongman Ferdinand Marcos. Two days before, I was told by my news manager that I am being "put in the freezer" by Jesse Ejercito for allegedly being part of the conspiracy to oust his brother, former president Joseph Estrada. My news manager, along with our AVP for Marketing was just told of the bad news and they shared it with me. I vehemently protested, but nevertheless, accepted the verdict. I never admitted anything, because I never wanted to be a squealer.

The revolt did happen when all of Estrada's generals defected and some of his cabinet members abandoned him, and that included Mar Roxas. I was asked to report to the field and I reported live there, reporting that thousands of people were seen very close to the Palace gates. Former general and my kumpadre Ed Aglipay was asked to secure the palace, while other generals, namely, another kumpadre Romy Maganto was with a phalanx of protesters at gate 3. A team of negotiators from the Arroyo camp was sent to Erap. Erap decided to back down. Instead of using the land route going to San Juan, he chose to ride in a Coast Guard boat. The rest, as they say, is history in the most terrible fashion.

That historical event was pictured to have been a "spontaneous" combustion of public outrage when the Senate, acting as an impeachment trial, prevented the opening of the "second envelope" which allegedly contained incriminating evidence against the former president. A decade hence, and the former president learned from Senator Aquilino Pimentel Jr that that second envelope contained absolutely nothing.

Pimentel's revelations accurately described what had happened. That event was a poor duplicate of the first. It was a pure and naked grab of power from someone who was overwhelmingly elected by the people . It was a simple intra-elite struggle punctuated by a coup conspiracy. That coup was like lightning--it blinded millions of people and made them hate their president without even knowing why.

I was one of those who were blinded, and I only realized the error of my judgment when former president Gloria Macapagal-Arroyo made her election bid speech at Rizal's day of 2003.

That was the spark that lifted the blinds from the eyes of people. Arroyo was worst than Estrada they say. Fact is, among the poor and the masses, where I belong, there was this ditty that says, " At least Erap tried to help the mahihirap..."

The lesson here is simple---don't believe rumors otherwise, you'll lose your presidential mandate.

Valerie Concepcion--Playboy Cover Girl, Jan-Feb 2012

noreply@blogger.com (PatricioMangubat) — Thu, 19 Jan 2012 00:40:00 +0000

After her revelations as a comedienne in one of President Aquino's christmas parties, here comes sultry actress Valerie Concepcion baring more than her funny experiences in this month's Playboy magazine. And boy, her photos are not funny--they're fun. (you know what I mean when I say fun :-)

The 24-year old single mother is, I think, one of the youngest models Playboy ever featured in their mag. Opps, by the way, former teen sensation Lindsay Lohan's controversial Playboy photos were released last December in the states. So, its Lindsay in the States and Valerie in the Philippines. Good choices.

I always say that I buy Playboy because of those in-depth interviews and several interesting stories. I do that in US versions. Haven't been impressed with interviews of local personalities here though. It always lacks substance.

With Valerie on the cover though, I make an exception. (Valerie, by herself, makes good conversation :-)

DEMOCRACY IN ACTION! Supreme Court Clerk of Court hands over Corona's SALN to Impeachment Court

noreply@blogger.com (PatricioMangubat) — Wed, 18 Jan 2012 09:33:00 +0000

We just witnessed the beauty of democracy through the principle of checks and balances. Never in my wildest dreams as a student of the Law that I would see or even witness the time when a co-equal branch of government, the Legislature, would appropriate judicial powers to indict the head of the institution which the Constitution had solely invested this power.

Every year, we see how the Executive and Legislative branches exercise checks and balances through budget deliberations and Congressional inquiries. Never do we witness something like a check and balance between Congress and the Supreme Court--that's as rare as an elephant with wings.

The Executive and the Judiciary always clash or cross swords whenever the Chief Executive dispenses an order that is deemed unconstitutional by the Highest Court. However, it is very rare for the Judiciary to even castigate members of the Legislature for acts in excess of their powers and jurisdiction.

Now, we witness how the Senate, acting and sitting as an impeachment court, exercised judicial power over the very same institution vested and cloaked by the 1987 Constitution as the sole repository of this power in the first place!

This, if you asked me, just showed the beauty of democracy. This is democracy in action.

Many people wonder---why was it difficult for Supreme Court Clerk of Court Atty. Enriquetta Vidal to submit the Statement of Assets and Liabilities and Net Worth of impeached Chief Justice Renato Corona.

Vidal thinks that she is under the complete jurisdiction of the Supreme Court. In an impeachment trial, the Senate appropriated complete powers of the judiciary itself. This is the first time that a Senate, sitting en banc as an impeachment court, has appropriated the very judicial powers granted exclusively by the 1987 Constitution to the Supreme Court.

When the Senate, through the Senate President Juan Ponce-Enrile ordered Vidal to hand over the SALN's of Chief Justice Renato Corona, Enrile and the entire Senate acted as a court higher than the Supreme Court. This is the beauty of democracy and we are fortunate that we witnessed this during our lifetime! For such an instance, I hope, will never occur again, in my lifetime.

Some asked me--why did the Aquino administration targetted the Chief Justice in its campaign to rid the bureaucracy of graft and corruption. Simple.

It is not within the powers of the Chief Executive to cleanse the judiciary of its own filth. The Constitution vests it in the Chief Justice. It is solely the Chief Justice, as the main man, the court's inter pares, the court's chief administrator, to do that. The Constitution says that every branch has the sole power to clean its own backyard.

How then can change be effected in the judiciary when the very same man who boast as the court's inter pares stands accused of the very same crime he is supposed to cleanse? How will doubts be erased on the integrity and cleanliness of the judiciary when the Chief Justice himself is perceived to be a "dirty scroundrel"?

Background on SALN:

On May 2, 1989, the Supreme Court sitting en banc, ruled that the request for the SALNs of members of the Court may only be allowed to be seen by anyone "upon request". IN the SC website, we see this explanation:

Sometime in 1989, Jose Alejandrino, a litigant, requested the Clerk of Court for the SALs of members of the Supreme Court who took part in the decision reducing from P2.4 million to P100,000.00 the damages awarded him by the trial court in a breach of contract case.
In an En Banc resolution promulgated May 2, 1989, the Court unanimously expressed its willingness to have the Clerk of Court furnish copies of the SALs of the Chief Justice and the Associate Justices to any person upon request, provided there is a legitimate reason for the request, it being in fact unlawful for any person to obtain or use any statement filed under RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, for (a) any purpose contrary to morals or public policy, or (b) any commercial purpose other than by news and communications media for dissemination to the general public.
However, the Court also noted that similar requests may be made upon the justices and judges of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Shari’a Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts under circumstances which may endanger, diminish or destroy their independence and objectivity in the performance of their judicial functions or expose them to revenge for adverse decisions, kidnapping, extortion, blackmail, or other untoward consequences. As such, it resolved to lay down the following guidelines on requests for SALs of justices, judges, and court personnel:

(1) All requests for copies of statements of assets and liabilities shall be filed with the Clerk of Court of the Supreme Court, in the case of any Justice; or with the Court Administrator, in the case of any Judge, and shall state the purpose of the request.
(2) The independence of the Judiciary is constitutionally as important as the right to information which is subject to the limitations provided by law. Under specific circumstances, the need for the fair and just adjudication of litigations may require a court to be wary of deceptive requests for information which shall otherwise be freely available. Where the request is directly or indirectly traced to a litigant, lawyer, or interested party in a case pending before the court, or where the court is reasonably certain that a disputed matter will come before it under circumstances from which it may, also reasonably, be assumed that the request is not made in good faith and for a legitimate purpose, but to fish for information and, with the implicit threat of its disclosure, to influence a decision or to warn the court of the unpleasant consequences of an adverse judgment, the request may be denied.

(3) Where a decision has just been rendered by a court against the person making the request and the request for information appears to be a “fishing expedition” intended to harass or get back at the Judge, the request may be denied.
(4) In the few areas where there is extortion by rebel elements or where the nature of their work exposes judges to assaults against their personal safety, the request shall not only be denied but should be immediately reported to the military

(5) The reason for the denial shall be given in all cases.

(En Banc Resolution dated May 2, 1989, Re: Request of Jose Alejandrino)

‘Fishing Expeditions’This policy was reiterated and further strengthened by the Court in a resolution three years later. In 1992, the Court denied the request of a Graft Investigation Officer from the Office of the Ombudsman and a military captain for certified true copies of the sworn statements of the assets, liabilities, and net worth of two judges, it appearing that the purpose of the said request is “to fish for information against the said judges” and considering the Guidelines laid down in Alejandrino.
The Court also authorized the Court Administrator “to act on requests for copies of the assets and liabilities, as well as other papers and documents on file with the 201 Personnel Records of lower court judges and personnel, only upon a court subpoena duly signed by the Presiding Judge, in a pending criminal case against a judge or personnel, and in the case of the Ombudsman, upon the appropriate request personally signed by the Ombudsman, provided that in all instances the request shall conform to the guidelines issued by the Court in the above-mentioned resolution dated May 2, 1989 regarding Jose M. Alejandrino and such document or paper is relevant and material to the case being tried by the Court or under investigation by the Ombudsman.”(AM No. 92-9-851-RTC, Re: Request for Certified True Copies of the Sworn Statements of Assets, Liabilities, and Net Worth, September 22, 1992)

Corona and the elites of the Court may have to decide once and for all regardless of impeachment trial outcome

noreply@blogger.com (PatricioMangubat) — Wed, 18 Jan 2012 01:34:00 +0000

Shortly after the second episode of the Chief Justice impeachment trial teledrama unfolded yesterday, with the prosecution caught with their pants down, many people who closely watch this says that score is tied--one for the prosecution, and one for the defence. The first day saw the prosecution scoring a few points against the defence. Now, it is the defence turn to score points.

Yes, I do say that the score is tied--if you look at it as a legal analyst and perceive the impeachment court as just a regular court following certain procedures. As a communications professional however, I see things in a communicative-sense, and biases aside, the score really is lopsided in favour of the prosecution.

The prosecution panel may have fumbled, yes, but it does not necessarily follow that they are unprepared, like what the defence wants the public to believe. Yesterday's trial saw a defence panel unwilling to reveal much about their client--something which doomed this trial from the start.

Don't get me wrong---the Chief Justice was once a friend of mine, having been acquainted with him during the tumultuous EDSA dos era. He knows me, having visited him several times in his office at the PICC, and coordinated several things with him during the revolution. My sympathies are with him. I am just looking at this as a normal and ordinary citizen would look at it.

The refusal of the defence panel to adopt an "open door" policy in their defence of the Chief Justice harms their client more. As what Senate president Juan Ponce Enrile reminded both parties during the start of the impeachment trial, this is still a political exercise, albeit, being governed by several legal rules. What the defence should realise is the very fact that although this is a "court", and you might win "legal" points, nonetheless, this court is still a venue meant to help people form their own "perceptions" about the guilt or innocence of the Chief Justice.

What I mean is, this is not entirely a legal battle, but the battle for the hearts and minds of the people, for the people themselves would eventually decide this through their representatives.

In this battle, actually, the Chief Justice scored one point when he presented himself before the court on its first day. That is a PR coup, by itself.

However, on the second day, perceptions about his unwillingness to reveal much about his income, and his adamance to open himself up for public scrutiny are things which already harmed him--image wise.

Yesterday's events also cast doubts on his honesty---something very sacred as far as the viewing public is concerned. The Chief Justice should be made to realise that what he lost during this battle with a highly popular Chief Executive is this thing—trust. Many people don’t trust him and this develops into a perception that he is just a stooge, even a puppy or somewhat acting as a Mr. Clean for former president Gloria Macapagal-Arroyo.

The Chief Justice must regain the trust and confidence of the people. Without it, even if he wins before members of the Senate, the Chief Justice will forever be subjected to intense scrutiny and endless doubts and questions on his integrity and the honesty of his opinions, views and decisions.

Actually, the Chief Justice already lost when the impeachment trial began. When he allowed himself to be subject to the powers of a co-equal branch of government, he effectively allowed another power to acquiesce his. Meaning, even if this ends with him being acquitted of these charges, questions and doubts as to the integrity of the institution which he represents, will forever be in question for as long as he stays in power.

In several interviews, the Chief Justice says that it is important of him to salvage his reputation, and even told his relatives that they should help him in this, otherwise, the possibility of their properties being sequestered by the State eventually exists.

Let the Chief Justice knows that this is not merely an exercise to salvage his personal reputation. This is something beyond him.

When he allowed himself to be impeached, and now subject to the power of the Senate, Corona already compromised the very integrity of the institution he represents. How can the Supreme Court dispense equal justice even to cases where several senators are involved when he now faces them in an impeachment trial?

For example—how will the Chief Justice now decide on the electoral case filed by DOTC secretary Mar Roxas, questioning the win of Vice President Jejomar Binay, when, he already told the public that Roxas is one of the persons prosecuting him and planning on his ouster as Chief Justice? Surely, even now, the public would say that even if he inhibits from the case, and the Highest Tribunal decides not to grant the Roxas petition, how will they justify it, when the very head of the Institution has now been harangue by the Chief Executive and members of the Legislature? Surely, those affected by the decisions of the Highest Tribunal of the land would use enormous weapons to question the integrity of the Court to decide by merely stating that the Chief Justice once decided unfavorably of them or even say that the CJ hates the respondent personally or has a grudge to settle against the respondent?

How then can the entire Supreme Court say that they are impartial when they decide on several cases involving the Chief Executive and say, corporations or individuals?

What Corona faces right now are questions on the integrity and credibility of the Supreme Court, now compromised by his unwillingness to step down.

Eventually, this institution would have to face this choice---spare the institution from further damage to its credibility and integrity by convincing Corona to stand down and resign; or utterly destroy this hallowed institution by allowing a mistrusted personality to sit as court inter pares. As what I say, the longer this trial goes, the more this institution will suffer from lack of integrity.

Kulong sina Corona, Arroyo at Aquino

noreply@blogger.com (PatricioMangubat) — Mon, 16 Jan 2012 00:28:00 +0000

Sa toto lang mga kabayani, ang paglilitis kay Chief Justice Renato Corona ay bahagi lamang ng sarsuwelang labanan sa pagitan ng mga naghaharing-uri. Walang mahihitang buti dito ang mga mamamayan. Isa lamang itong hilahang lubid ng mga naghaharing uri: sa isang banda, ang mga nagnanais ipakitang sila'y repormado na at hindi nagnanakaw ng malaki sa taumbayan at yaon namang sagad-sagaran sa buto ang pagnanakaw. Kung susumahin, hilahang magnanakaw din ito. Ika nga sa kanto, galit ang magnanakaw sa kapwa magnanakaw. Inggit lang yaong mga hindi nakabili ng kwarentang condo at lupa ala Corona. Sa kalaunan, baka naman sa pagdating ng panahon, yaong mga nagmamabuti ay may lamat din.

Katawa-tawa namang nagpapagamit ang Simbahan sa pagpapabango ni Corona. Mayroon pang photo release na nagpapakitang naglalay hands itong si dating archbishop Oscar Cruz na para bagang kapangyarihan niyang maglinis ng demonyo.

Desperado, ika nga itong kampo ni Corona na maka base one sa labanan kung sino ang mas may mataas na moralidad. Habang ile lay hands ni Cruz si Corona, hayun, sandamukal na ebidensya pala ang lumalabas na bumili ng bumili ng lupa't mamahaling condo ang ni-lelay hands. Ibig saibihin ba nito, handang ipa sequester ni Corona ang mga iligal nyang pagmamay-ari para patunayan lamang na siya'y "naglinis konsensya na?"

Sa totoo lang, mas nakapangsisirang dangal ang araw-araw na misang isinasagawa sa Korte Suprema. Para bagang, inamin na ng laharan ng Korte Suprema na ito'y isang organong puno ng demonyo na kailangan ng ekshortismo.

Mukhang hindi tatalab ang ekshortismo dahil mismong ang nagbabasbas, may alsa demonyo. Ilan bang bishops ang may iligal ding mga pagmamay-ari mula sa kaban ng mga relihigioso? Mukhang ito'y pagbabasbas ng kapwa demonyo.

Kataka-taka ding yaong bumatikos sa korte suprema noong panahon ni Gloria ay yaon din namang nasasa likod ng diumano'y mass support para sa Chief Justice.

Ang S4S ay isang grupong may maitim na agenda. Para silang mga tagahanap ng butas, na pupuwdeng lusutan, kahit hindi pupuwde.

Taktikal ika nga ang samahan, pero laglagang tiyak ang kasasapitan.

Habang inggitan at tanungan ang mga magnanakaw na naghaharing uri, hayan, si Juan, salat pa rin sa pera at nasasa gitna ng umaasim na kahirapan.

MIlyon ang walang trabaho. Patuloy ang kontrakwalisasyon sa mga mayroon. Sweldo'y wala ring bisa sa mataas na presyo ng mga bilihin. Tuloy ligaya pa rin ang mga dambuhalang oil companies sa kanilang pagtatataas ng gasolina at diesel. Namamayani pa rin ang korapsyon at kawalang pag-asa.

Nararapat sigurong ang panawagan ay iisa---ang pagpapabagsak sa mga elitistang ganid sa yaman at kapangyarihan!

Sa simula't sapul pa lamang, walang buting nagawa itong uring ito sa lipunang Pinoy.

Para silang mga parasitong sumisipsip sa pinaghirapan nating mga mamamayan. Kailangan na sigurdon tigpasin ang mga ulo ng mga ito at itaguyod ang tunay na gobyernong pambayan.

US-Iran Conflict--very likely, says Stephen Hadley

noreply@blogger.com (PatricioMangubat) — Mon, 16 Jan 2012 00:01:00 +0000

Stephen Hadley, President George W. Bush’s National Security Adviser, is warning that a “very high” risk exists that Iran will act out militarily against the U.S. or other allies as a result of recent sanctions. In an exclusive interview with Newsmax.TV, Hadley said Iran is intent on acquiring nuclear weapons and a nuclear-armed Iran should be unacceptable to the U.S.

Okey. Every one in the world right now is watching with anticipation, this potential armed conflict between the US and Iran. Several military watchers say, if ever this happens, this will usher in a new technological era in warfare. If the previous wars involved stealth and precision bombing, this "new war" will likely involve more sophisticated military inventions, like cloaking with invisibility all US military assets. Years ago, invisibility is just a figment of the imagination. Now, it is a reality with so huge an impact on warfare that it could truly widen the gap between those with technology as weaponry and those without and still using conventional methods of warfare.

If Iran finally says "it's ready", what now? Supply lines of oil will be affected. But, Iran and the Middle East are not just the only oil-producing areas. Russia, for one, has a huge supply of oil. Don't believe that yarn that says that oil firms should raise pump prices because of this war. There are other likely sources of fuel that we can tap to satisfy our energy needs. Oil firms are just greedy.

The Battle Royale among Pinoy elites in Chief Justice Impeachment Trial

noreply@blogger.com (PatricioMangubat) — Sun, 15 Jan 2012 01:20:00 +0000

Tomorrow, the elite groups of this small country will again battle it out for supremacy. The first group led by the President wants to leave a legacy--they want to be the first ones who successfully impeached a sitting Chief Justice and thereby, " restore and strengthen the integrity of the Highest Court of the Land". The other, well, tries to portray itself as a "defender of Philippine democracy", while looking at the people behind this group, they are far from being democrats or even defenders of democracy.

The focus is the Chief Justice, whose properties are being systematically bared before the public to see--an obvious tactic meant to send a strong message--desist now, resign now, before we even contemplate of turning all these properties into sequestered assets. It's a ploy meant to weaken the Chief Justice's resistance. " Resign now or face the bleak prospect of you and your family without any single property."--that's the message of those who want nothing more than see a Chief Justice humiliated before a blood-thirsty public.

While hundreds of families flee raging floodwaters in Davao del Norte and Compostela, and people in both the urban and rural areas are busy, hard at work, trying to scrape the bottom of their rice bowl for a few morsels of rice, these elites busy themselves with comparing notes--who among the Justices amassed great amounts of wealth just by writing several pages of decisions. Is it the Chief Justice who got at least 40 or so properties under his name or the names of his family during his decade long stint in the judiciary? Or is it Justice Carpio, who reportedly owns several properties which were not at all listed in his own SALN?

As they say, when times are rough, fellow thieves meet among themselves and discuss who among them got more than others, so that others may follow suit.

Kidding aside, in reconstructing a system, such situations like these occur as part of a disruption in the normal course of business. These disruptions are necessary in order to correct the obvious flaws of a system.

This impeachment trial is just one stage of a long process of crystallizing a cacique type of change within the bureaucratic superstructure.

The thing that we need to wait, is after this Chief Justice is formally ousted through a verification of his impeachment. When the Senate affirms the findings of the Lower House, that the Chief Justice, did, indeed, committed these alleged infractions against the Constitution, power will revert back to the people, doctrinally headed by the Chief Executive. The Chief Executive will then exercise his powers of appointment.

When this point comes, we will now know the real motivations of this impeachment move--we will see whether or not this administration is really committed to changing things for the better or changing things only for the pursuit of interests by a faction of this country's elites.

When we learn that it is only for the interests of a few that this exercise was made, then real change and a revolution would definitely happen.