The government says they’re both.

But under the present state of the law, they cannot be charged with rebellion and still stand trial for murder. Murder, and all other incidental crimes related to rebellion, will be subsumed in the latter charge. And while the Penal Code allows separate prosecutions for either murder or rebellion, rebels cannot be charged for both where the indictment alleges that the former has been committed in furtherance of or in connection with the latter.

The Ampatuans can literally get away with murder if they know how.

However, most people know them to be just plain murderous cutthroats.

So what happens now ?

My guess is that the Department of Justice will later on withdraw the charge of rebellion and charge them with murder and other crimes. After all, the cases are still in the pre-arraignment or pre-trail investigation stage. The public prosecutors have the option of determining which prosecutions should be initiated on the basis of the evidence on hand.

Why charge them with rebellion if eventually this would be dropped ? The purported state of rebellion was the main justification for declaring martial law and rounding up the Ampataun forces without setting off a bloodbath.

The danger of this strategy is that the government has, intentionally or not, given a way out for the Ampatuans. They will now claim to be rebels. It is easier (given the clear-cut evidence) and much more serious for them to be convicted of murder than rebellion. As rebels, they will not only claim the right to bail but will have more than an even chance of walking away scot-free, as numerous examples, from Gringo Honasan to Nur Misuari, will show. Andal Ampatuan, Sr. might even run for the Senate and win.

Of course, the Ampatuans have the burden of proving that the political (meaning ideological) purpose or motive for the mass killings were in pursuit of rebellion. And given the overwhelming proof against them, they will have a hell of a time trying to prove their innocence. And rebellion is not the escape hatch it once was for criminals. As noted in Enrile v. Salazar (186 SCRA 217 ):

It may be that in the light of contemporary events, the act of rebellion has lost that quintessentially quixotic quality that justifies the relative leniency with which it is regarded and punished by law, that present-day rebels are less impelled by love of country than by lust for power and have become no better than mere terrorists to whom nothing, not even the sancity of human life, is allowed to stand in the way of their ambitions. Nothing so chronicles this aberration as the rash of seemingly senseless killings, bombings, kidnappings and assorted mayhem so much in the news these days, as often perpetrated against innocent civilians as against the military, but by and large attributable to, or even claimed by so called rebels to be part of, an ongoing rebellion.

I just hope that our prosecutors will show sufficent courage, vigor and thoroughness in nailing the killers. This would be a hard case to lose, but stranger things have happened. And the Ampatuans will be fighting for their lives and the very survival of their clan. As of last count, they had some 40 lawyers, including some heavy hitters, signed up.

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So martial law in Maguindanao has been lifted. It was just a very clever ruse all along. It hate to say it, but the entire exercise was masterfully done. Practically the entire country has been outfoxed yet again by GMA and her gang. It would now appear that the main objective of the week-long declaration of military rule in the province was to neutralize the still-formidable Ampatuan forces accused of carrying out mass killings to keep the clan in power. And it looks to have worked. It has been reported that at least a total of 529 people involved in an alleged rebellion (the primary ground for declaring martial law), including key Ampatuan family members, leaders and supporters, have been placed under military or police custody. All with little or no bloodshed.

Arroyo knew that the proclamation of martial law had no factual basis and would have eventually been exposed as a sham, if not by Congress, then by the Supreme Court. Hence, the immediate lifting which now renders all the challenges hurled at it moot and academic.

Of course, much of the hand-wringing and gnashing of teeth were entirely justified. Nobody really knows what Arroyo has up her sleeve.

It may be a way of setting the Amputuans free, some legal experts say, since by involving them in a non-existent rebellion they might wiggle out of the murder charges for which the evidence is overwhelming. Rebellion would exclude other crimes, which are then merely absorbed in the rebellion charge. It would be easier for the Ampatauns to be cleared of rebellion than of murder, according to this view.

Another scenario has it that GMA is merely setting the stage for staying in power. She is trying to see what she can get away with as a prelude to frustrating next year’s national elections. A nationwide declaration of martial law is entirely possible should Arroyo find ways of expanding the state of emergency beyond Maguindanao and environs.

According to Sen. Miriam Defensor Santiago, an even more sinister plot is afoot, involving the Ampatuans, the CIA, a military clique and a new RAM (the coup-oriented though now moribund Reform the Armed Forces Movement). The objective is supposedly to orchestrate a “bolder” martial law and to seize power.

The events of the past days certainly provide rich fodder for conspiracy theorists. The hostage-taking of 75 people in Agusan Del Sur, kidnappings and beheadings further down south in Basilan and the continuing instability in Central Mindanao may be part of a “script” meant to have the breakdown of peace and order spill over to other parts of the country.

The lifting of martial law would calm somewhat the rising tide of disquiet among the citizenry but will not end the speculation regarding Gloria’s true motives.

I myself am of two minds about the whole thing. The horror and outrage caused by the Maguindanao mass murders is such that it I find myself agreeing with Congressman Teddy Boy Locsin that the bodies “cry out for the most extreme exercise of the police power, which is nothing less than martial law.” In his impassioned defense of the “least benign” of constitutional measures to preserve social order, he said (I believe rightfully): “Nowhere and at no other time has martial law been better justified or based more sufficiently on incontrovertible facts. We are seeing Maguindanao and what we see, unless we are morally blind, cries out for martial law—at least for now” due to “a state of affairs that has deteriorated beyond lawless violence, beyond a state of emergency ”.

But I am queasy about allowing Arroyo, even for a short while, to exercise powers which can unquestionably be subject to grave abuse. Especially since she has shown no qualms about bending our laws and corrupting our institutions to suit her own ends.

So while my gut reaction is to cheer on the crushing of the Ampatuans and their ilk by whatever means, however extreme, my instincts also tell me to be stay vigilant regarding GMA’s moves and intentions. You get the sense know that she’s not doing all of these merely to ensure that justice is done.

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Lakas-Kampi-CMD standard bearer Gilbert “Gibo” Teodoro has been quoted as saying that he will run a “positive campaign.” No mud-slinging and black propaganda. Presumably, this means no dirty tricks, no “dag-dag bawas”. This is what he says and he may actually mean it. Whether this will actually come to pass is another matter, contingent on a number of factors, like how desperate the administration is to have its candidate win.

For whatever reason I can’t explain, I believe he’s sincere. He looks and sounds like a decent and upright fellow. He was a year or two younger than me in law school and although we were never friends, or even acquaintances, he came across as quiet and self-effacing. Brilliant academically. He was certainly not political, as politics was defined in U.P. during the 80’s, despite his formidable political pedigree.

But going by the recent surveys, his chance of becoming president by votes alone ranges from slim to nil. According to Pulse Asia, 79% of the respondents said they would “surely not vote for” (43 percent) and “probably not vote for” (36 percent) a presidential candidate endorsed by Ms Arroyo. The widely-perceived and well-founded “kiss of death” from GMA.

But the fact that someone like Gibo Tedoro, by accident or design, is running under the administration banner is good for the country. He appears to be a good person. I predict he will be graceful in defeat. He will not countenance any payoffs, savagery or skullduggery in order to gain the presidency. This doesn’t mean that those around him won’t resort to the usual foul maneuvers to gain the upper hand. Just that they won’t be as successful as they used to be simply because a vigilant electorate, incensed with the venality and shamelessness of the Arroyo administration, won’t allow them to get away with it this time.

Gibo and handlers are well aware of this. He has a personal stake in ensuring that this election will be honest and fair, as history will never forgive him should he be as depraved as the incumbent. He will know when he’s beat. And will concede without undue delay. And in doing so, restore our faith somewhat in our frayed democratic institutions. This is why Gibo matters. He can rise above himself, and in so doing be a winner even in defeat.

I have no objective basis for saying this. Just a gut feeling.

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President Gloria Macapagal Arroyo has announced her candidacy for a congressional seat in the 2nd District of Pampanga, to no one’s great surprise. She needs to stay in power by some machination if she is to withstand the legal and political challenges she will face as soon as she steps down from the presidency in May. It’s a matter of survival and one can readily understand her motives if not her morals. It’s unprecedented to slide down from the highest elective post in the land to a be a congressperson but it’s the only constitutionally-open door to her at this point. Such a move is entirely consistent with her character of shameless audacity.

And with the withdrawal of Randy David from the race, Arroyo will run unopposed. A lot of people were naturally disappointed when Prof. David announced his abandonment of the earlier plan to go against GMA. His reasons are undoubtedly valid. He wanted to spare his family and friends the expected hardships which would attend a campaign against Arroyo. He was especially concerned about putting his younger brother, Catholic Auxiliary Bishop for Pampanga Pablo Virgilio David, on the spot. The good bishop would not have have been spared in an undertaking expected to turn vicious early on. Think of Maguindanao but on smaller (and more sophisticated) scale.

David also explained, a bit too dryly but spoken like the true academic that he is, that: “I am heeding the counsel of family, friends and colleagues from academe who are concerned that my taking on a political role as a candidate would undermine the authority I have carefully cultivated as a social analyst and public intellectual”.

But I suspect that another major reason he bowed out is that he knows that Arroyo would not allow anyone to get in the way of her plans, least of all the will of the people. In a fair and honest world, David would have had more than an even chance of winning. But not in a contest where GMA holds all the cards.

And there is a very real possibility that there would be blood shed. Pampanga is no stranger to Maguindanao-type killings, albeit conducted in more circumspect way. This David clearly wants to avoid. Not for himself, but for the sake of his family and supporters.

Even if no physical harm would befall David and those behind him, he would still have to take on the whole Arroyo machinery. David has little or no funds to go against GMA. His network of NGOs and civil society stalwarts is no match for the traditional political apparatus propping up Arroyo. In sum, to use the old cliche, he has no guns, no goons and no gold.

And what would he have accomplished in the end for all his trouble ? Nothing except to have legitimized Arroyo’s holding on to power by providing the illusion that she won over the efforts of a worthy opponent. Better to save himself for the battles to come in other arenas. Which will be soon.
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As of now.

Ask yourself, how well do you know him ? His advocacies ? What issues are he passionate about ? Like me, I suspect that most people would draw a blank when asked about Noynoy Aquino, apart from the fact that he is the only son of Ninoy and Cory Aquino.

Noynoy himself, and his handlers, have not been shy about playing the Ninoy-Cory card. Says Liberal Party 2010 campaign manager Florencio “Butch” Abad: “Senator Aquino will not turn his back on the legacy of his parents”. In a press conference prior to his going on a weekend retreat do seek divine guidance for his political plans, Noynoy said “yes” when asked if he would carry on the fight started by his parents. What this “fight” is all about in concrete terms, he does not say although he can be rather smug about his legacy. Says he: “We enjoy popular support all these years because we reflect the interest of freedom-loving Filipinos.”

But if his main selling point is his parentage, wouldn’t we be better off with Kris Aquino, who is undoubtedly more popular and has lived a more drama-filled life than her bland and balding brother ? It would certainly make for a more interesting campaign, at the very least.

To be sure, Noynoy can come up with the usual sound bites, throwing around time-worn phrases like “we are all in this together” and calling for “sacrifice”. But behind all these motherhood statements is a cardboard man totally lacking in substance. Worse, he may not be above resorting to cheap political gimmickry ( as alleged by Malacanang but for once I agree with Gary Olivar on this). In Noynoy’s case case, following to the letter a Cory template successfully utilized during the 1986 snap elections. As pointed out by Dr. Winnie Monsod, no friend of this blighted administration:

It was clear to everyone that Noynoy wanted to make the run for the presidency. So why the announcement that Aquino was to go on retreat to help him decide on whether he should make that run?

If the decision is already made—and it must have been—the retreat has to be for the purpose of asking God’s blessing on his candidacy—so why not just so state?

Is it because Noynoy’s handlers want to milk the Cory magic and show that Noynoy is doing the same thing that Cory did—and not only that—but also time his “decision” to be made on the 40th day after Cory’s death? If that is the case, shame on them all. Because that not only reflects the cynicism of the ultimate, exploitative “trapo,” it is also a disservice to Cory’s memory, and all that she stood for, as well. Cory was truly a reluctant candidate, and she agonized and prayed before finally accepting the mantle. What is more, there was not a single, insincere, manipulative bone in her body.

Anyone who wants to assume the mantle of leadership and selflessness similar to that of Ninoy and Cory better make sure that it is deserved, and earned. It is not something that can be claimed merely because the same blood runs in one’s veins. Rather, it is a matter of character.

I believe we have to reserve judgment on Noynoy until he can flesh out a program of government which would meet our people’s aspirations for honest and just governance. And show us that there is something behind that pleasant demeanor other than tired platitudes and promises. As Tony Meloto reminds us yet again, it is our national tragedy that we are “always looking for somebody to pin all our hopes on and also to blame when these hopes are not realized.” We would be doing ourselves and Noynoy a favor if we do not prematurely hoist upon him the burden of being our savior.

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Eased out as headline news in most parts of the world, including the Philippines, by the death of Michael Jackson is the battle with colon cancer of former president Cory Aquino. Good thing too. She confounded most participants of the aborted deathwatch by getting well, at least for now. The media had to content itself with covering the many “get-well Tita Cory” activities in the wake of her reported death. Which was of course greatly exaggerated.

Who doesn’t want to wish her well and a speedy recovery ? Everyone it seems wants her to get back on her feet, the icon of feisty political courage, except Cory herself. She just wants to die, and join Ninoy in the Great Rally in the sky. After having given so much of herself to God, country and the cause of democracy, why not give her this one last wish and let her die with dignity and grace ? Instead, there’s a media circus outside the Makati Med and environs, where she was expected to breath her last.

She doesn’t deserve this. She was a good president and she was a bad president, but on the balance she was the most we could hope for at that historical juncture and she did her best. As Raul Pangalangan points out, and which we all know instinctively, the transition from the brutal Marcos dictatorship wouldn’t have been possible without a Cory who ensured a peaceful handover of power at the end of her term and who didn’t ambition to lift term limits. Which is a lot more than can be said of Gloria Arroyo. While the anxiety of the loss of so great a symbol at this critical time is understandable, we should as a nation be able to let her go. There will be opportunity enough for eulogies, weeping and the wearing of sackcloth and ashes after she finally croaks (which won’t be long now, given the course of her illness). In the meantime, give her time and space with her family and some close friends. Like most of us, she just has to tie up a few loose ends before she says good bye.

We should have the decency to allow her the solitude and privacy she has been praying for. And resist the urge to make her the focal point of so much cheap sentimentality, which only plays into the hand of those politicos who want to be associated with Cory to advance their own agendas for 2010.

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Butch Dalisay wrote a post a week or so ago about his not being a fan of the rampant social networking on the web. What a relief. I thought I was the only cranky old man around. And while I do have Facebook account, it was only at the insistent prodding of those near and dear to me. I hardly visit my Facebook page and I’m afraid I may come across as cold and distant to my many well-meaning friends who have poked me and keep sending me this and that invitation to join a cause. It seems I don’t respond well to being nudged, whether electronically or physically, and tend to keep my distance.

Don’t get me wrong. I do appreciate what an amazing platform for connectivity Facebook and its ilk are. People I haven’t seen or heard from in decades are now my Facebook buddies. And I know why it’s such a hit for us Pinoys. It’s rooted deep in our national psyche, the need to be part of a community and to interact constantly.

But a good friend has observed that I can be antisocial. He may be right to some extent. I can be misanthropic. Or I may just be a very reserved person. Shy even.

I don’t chat online. There are times when I don’t even answer my email unless they’re work-related. I neglect my blog and don’t respond to comments, which I’m told a good blogger should always do. I log out of the internet for weeks at a time. Which, at this time and age, makes me a rather odd duck.

My problem is the whole idea that we seem to be expected to now establish “relationships” with everyone we come across. Not in the romantic sense but in the marketing sense. We have to sell our online and offline personas and to do this we have to practice “relationship marketing” . But like Butch, my friends are the ones I enjoy libations with, argue passionately about everything and nothing and who I may not be in touch with for months (even years) at a time but who won’t mind and will embrace me just as warmly the next time we meet. Because “ things get too busy or life yanks us in unexpected directions”. And these relationships are built over time. It’s a process that can’t be rushed, like the aging of fine wine.

Or maybe I’m only trying to justify my crabbiness. In any case, I’m not about metamorphose from a worm to a social butterfly anytime soon.

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Chances are the last song you would have heard as you read this and which is still going around in your head is “Thriller”. There’s no escaping Michael Jackson’s music everywhere you went this past week, even in elevators and Starbucks.

Tuesday , July 7, will be Michael Jackson’s memorial service at the Staples Center in Los Angeles and more than 1.6 million fans worldwide registered for tickets to the event over the two-day registration period that ended yesterday, not a few from the country. Random names from the registrants will be drawn electronically and the lucky few will know by Sunday evening (Monday morning in Manila). Only 11,000 tickets will be given out for the Tuesday service while another 6,500 tickets will be given away for the Nokia Theater overflow section next door. Anyone from the Philippines lucky enough to be picked will have to fly off to L.A. within a few hours of being informed to make it to Tuesday’s affair. One will have to head for the venue immediately after landing at LAX. My bags are packed and ready.

This is possibly the biggest memorial service for a non-political or religious personage in history. It will be the first truly global event in this age of online streaming and social networking. Every fan who has access to the internet will be a participant.

Nothing is too big or flamboyant for the King of Pop, even in death. And it looks like it’s going to be a long goodbye, as he or at least his image and music, won’t being going away anytime soon. In fact, he’s proving to be a bigger draw in death than during the past decade or so of his life. Swept under the rug for the time being are the charges of pedophilia and other excesses which led to his downward slide. He was a phenomenal talent, and this is what people chose to remember now that he’s gone.

Of course, he can’t escape the lurid and just plain weird as his post-mortem drama unfolds . From Olivia Munn’s blog:

They say the memorial is more of a concert with guest speakers, music, video screens inside and out and Michael Jackson’s body hanging from the rafters like a pinata!…. okay, that last part isn’t happening. But, they never said it wouldn’t happen…. so technically, they could be hanging MJ’s body from the ceiling with an awesome light show. Yeah- that sounds like an awesome rumor- let’s go with that.

Of course it won’t happen. Will it ?

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People are saying about the sad and sudden passing of Michael Jackson, the King of Pop, the same thing they said about Elvis: good career move. It’s a bit uncharitable but not entirely inaccurate. He was (and is, in death) a global star but his career had been on a downward spiral for years. Now he’s back on top of the charts.

And given the cult-like veneration given him by some, expect “Michael sightings” to happen a lot in the coming years. He didn’t really die, he was abducted by aliens.

In any case, he has joined the pantheon of stars who tragically bid adieu before their time, a line which stretches back to Marilyn Monroe to Rudolph Valentino and beyond.

Some clear lessons we can pick up from his eventful but unhappy life:

1. Pay attention to your finances – You can be the biggest draw in the world, and earn hundreds of millions, even billions of dollars, but if your expenses outstrip your earnings, you’re in trouble. I was again reminded of this universally-known but much ignored truism in a talk by personal financial adviser Randell Tiongson yesterday. Mr. Jackson’s financial woes certainly contributed to his burdens in later years.

2. Confront Your Demons – or they might just kill you. You don’t have to wrestle with them on a daily basis but should honestly acknowledge them at some point. They have a nasty way of biting you in the butt when you’re not looking, like a pack of rabid dogs. Michael Jackson had big issues. About childhood abuse at the hands of his father, his obvious ambivalence about his race and sexuality and God knows what else. But he didn’t seem to want to undertake the hard legwork of bringing them to light and possibly forging an uneasy truce. Instead he went on Oprah. Which is not the same thing. If necessary, seek professional help.

3. Lighten Up – and I don’t mean dermatologically. Despite his much ballyhooed child-like character, I think he took himself and his public persona much too seriously. Which may have led to the cosmetic surgery. And the drugs. A little humor at the expense of his so-called showbiz image would have lifted the fog somewhat and given him a wider view of his horizons. As economist John Maynard Keynes famously said, in the long run we are all dead. No need to rush the process.

Of course, I can easily spew out such advice, not having known the pain of being Michael Jackson. But I sincerely pray that he finds in death the peace that eluded him in life.

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Inevitably billed as a “David vs. Goliath” fight by the media, the announcement of sociology professor Randy David that he would run against Gloria Arroyo should she decide to grab the congressional seat for the 2nd district of Pampanga did not come as a complete surprise to those who know him. This David is no pushover. Soft-spoken, intellectual and unassuming, but definitely not low profile, Prof. David had been a television personality for seventeen years, as a host of a number of well-received public affairs talk shows. He is also a long-time columnist of the Inquirer. Thus, he is comfortable being in the public eye. Neither is he a stranger to controversy, having been active in progressive political circles for decades. He was arrested in 2006 during the series of demonstrations against President Arroyo at the time of the 20th anniversary of the people power revolt when GMA declared a state of national emergency in the face of rising protests against her corrupt government.

I have known him for more than three decades, since my freshman year in college when we were fortunate enough to have him as our Sociology 11 prof. He has a knack for bringing home lessons about Philippine society using methods beyond the classroom. I remember his taking us to the National Mental Hospital, as a way of exposing his young and mostly sheltered wards to another aspect of Philippine reality which we could confront and change in a positive way, if we chose to. He was an intense teacher, but he never forced his views on us. It was the height of martial law, but his passion for ideas and political exchange was palpable and contagious. We’ve had a few opportunities to interact since then. And while I am not one of his many intimates, we are close enough to be on a first-name basis when we occasionally bump into each other. I was therefore elated when I heard on the radio that he would enter the realm of traditional politics for the first , and possibly last, time if GMA runs for Congress as a way of holding on to power. By a twist of fate, both she and Randy come from the same congressional district.

Randy David will have more than an even chance of trumping Arroyo on what she believes is her home turf. Consider the following:

1. Randy David is the Anti-Arroyo- Randy David is the perfect foil for the discredited GMA. An academic all his life, even while he had a busy second career as a talk-show host, he is perceived, rightfully, as an honest and right-minded man who only wants to do his duty as a citizen, which is to do everything he can to arrest the destruction of our democratic institutions. He has none of the political baggage of the traditional politician, although ironically Randy’s late father was a close friend and political party-mate of GMA’s father. Should he run, David will personify the principled new politics which has found fertile ground in Pampanga. He is everything Arroyo is not: moral, upright and untainted by the brand of patronage politics practiced by Arroyo.

2. Randy David has (or will soon have) the network and resources to win – The David clan is widely respected and known throughout Pampanga. Family counts for a lot in local politics. More importantly, should GMA adopt the tactic of being the congressional candidate prior to the predicted shift to a parliamentary system (and from there to the prime ministership) the focus of next year’s national election would be the 2nd district of Pampanga. Civil society and all other forces opposed to Arroyo’s politics as usual would find it easier to pool their resources and bring them to bear on a much smaller political arena. Already, the Liberal Party of presidential candidate Mar Roxas has offered to make Randy their official candidate in the district. The LP was the party of the fathers of both GMA and David. The United Opposition (UNO) has also expressed support for him. The David campaign will be flooded with funds and volunteers while the congressional tussle itself be closely monitored by local and international election watchdogs. This will make it all the harder, although not impossible, for GMA to cheat.

3. The voters of Pampanga are unpredictable – as shown by their election of cleric-on-leave Gov. Ed Panlilio, who defied the money and muscle of the Arroyo-anointed candidate to sweep the 2007 Pampanga gubernatorial polls.

David is a reluctant candidate and is the first to admit that this undertaking is quixotic. But he has all the qualities of a man who, in the words of sociologist Max Weber, can “put his hand on the wheel of history”. As enumerated by Weber, Randy David reveals the three pre-eminent qualities that are decisive for the politician: passion, responsibility and sense of proportion. The ideal politician approaches politics not as a playground for his ego, but as a field in which he seeks to achieve a cause much larger than himself. He takes responsibility for actions. And he always maintains a objective perspective, of his ultimately minor role in the larger scheme of things.

Prof. David wrote about this many years ago and said:

This notion of the political vocation restores to politics the dignity it has lost in many societies. At the same time, it is a reminder of the arduous tasks that await those who are “called” to it. Because of my exposure in media, people often ask me if I have any plans of entering (traditional) politics. My answer has always been, following Weber’s criteria, that I feel I do not have the passion for it.

But times have changed, and Randy apparently now realizes that passion, that overwrought and overrated word, is not absolutely necessary for the effective exercise of leadership. And for heroism. One merely needs to have a clear sense of duty and honor.

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