Saturday, February 4, 2012

Concerns about the Impeachment

Disclaimer: I am only a concerned citizen stating my opinion. I DO NOT claim expertise or whatsoever with what has been presented and heard in the impeachment trial. All is done – or shall I say written - in good faith.


Verdict: Acquittal.

This is the likely scenario the Filipino people will witness at the end of the impeachment trial. This is NOT a bold prediction. I am NOT also saying the SC CJ is in fact not guilty as charged. He MAY be guilty but the burden of proof is proving to be too much of a cudgel for the prosecution to carry.



Why do I think so?

So far, the prosecution has been only showing the public a mere fishing expedition. This is all because of ill-prepared articles of impeachment. If one has been listening to the news about the arguments presented and put some time analyzing things, it can be safely said that the trial is not just going to technicalities but rather exposing the lack of specificity of the charges. Too vague, too broad. Structure-wise in the choice of words, there is no clear pinpointed charge.


Article II charges SC CJ Corona of supposedly culpabable violation of the constitution and/or betrayal of public trust because of non disclosure of his SALN (Statement of assets, liabilities, and Net Worth) but this has been subject to debate on the first days it was presented. Why? Because as per the words, there is no clear specific citing that would tie up the CJ to those stated into the law as violation of the constitution – treason, graft and corruption, other high crimes. What is only a bit clear is that the CJ MAY have committed perjury. But can it be considered as a high crime so as to have it as an impeachable offense? The prosecution can tie up perjury to graft and corruption but can they show convincingly that sources of CJ’s money is from corruption? Did he use public funds? No solid proof has ever been presented. The constitution also offers no clear definition of betrayal of public trust. How about the ill gotten wealth? Maybe a good angle but this can no longer be pursued by the prosecution. Why? This is all because of an ill-prepared complaint showcasing too vague, too broad, disorganized, unstructured statements of charges. (So much so that this angle was seen as merely based on suspicion rather than on facts.)


The present administration SEEMS to be too much in a hurry of running after the former president and her so-called “allies”. Too bad for the public, the impeachment trial is SEEMINGLY being reduced to a practice court, wasting away the public’s time and money. I do have enough common sense to understand that the impeachment complaint lacks structure and organization as to its format and verification. IF CJ Corona is indeed guilty, he may likely get away because the prosecution has been disorganized - in the construction and verification of the complaint and so far, in the presentation of arguments and facts. What is clear to me is that the only significant good thing that will come out of this trial is the clarification of the law because of the many legal memorandum being asked to be submitted. Others worth mentioning: witnessing the senator-jurors’ impartiality and being introduced to the pretty and witty spokesperson for the defense Atty. Karen Jimeno. Not too bad afterall, isn’t it? To end, I am making it clear that I DO NOT claim to be an expert in law. I am not a lawyer. I am just a concerned citizen. I am NOT taking sides. It is not bad to search for the truth but would it be easier if it is done in an organized manner?

Friday, February 3, 2012

PPUR: New 7 Wonders of Nature, “Fun” in the Philippines



Perhaps, one of the best news that hit the country by storm is the official declaration of the Puerto Princesa Underground River into the list of the New7Wonders of Nature. Yes, it may be true that this can be the direct result of the presence of Filipinos in almost all imaginable locations around the world. But let us look into this in a more positive way. PPUR truly deserves to be included in the list. A simple and uncomplicated person can show its appreciation of its beauty and marvel at its charm. It also reflects the unity among all Filipinos, backing up undeniably one of their country’s prime wonders. This also stresses a point, that protecting and preserving nature’s beauty is not impossible. If it can be done in Palawan with the PPUR, why not in other places? This raises awareness that environmental protection paints a better image of a country and its people. Protecting the environment means paying respect to the things created for man by God.
If all of Philippines’ beauties of nature would be preserved and protected like the PPUR, we can truly say “It’s more fun in the Philippines!” Much hype was generated by this tourism slogan. It had gone viral almost immediately after it was launched. But amidst the spoof, we should not make fun of the country’s woes and problems showcasing it as being “fun” in the Philippines. Urinating in walls? Floods? Humour is good but when it is not necessarily needed in such a campaign intended to showcase the good side of the Philippines. Let us promote the good sides of the Philippines and help turn the bad ones into good. Let us do our share. I hope this campaign ad’s hype will not just be superficial. I hope it can be sustained and yield positive results. (Who knows? Even surpassing the feat of Wow Philippines?!) Good luck!

Thursday, February 2, 2012

Side Comments Galore: SC CJ Corona impeached by the House and Midas’ “Soft” Golden Touch (Yes, I know…. this is still a quite overdue comment)




I am not a “balimbing” person or one that takes sides on issues of the country. I am also not an “expert” in law. But my common sense dictates that the impeachment complaint filed against SC Corona had been railroaded. The complaint was drafted in an apparently record time and more so the verification process. 188 congressmen signed in without really reading the complaint as per the nature and structuring of words. Well, I must admit my analogy can be an exaggeration of sorts. But isn’t it that the impeachment complaint approved and signed by 188 congressmen too fast? In a too short span of time? Can they read that many pages in that span of time? Well, this only shows the too tiring redundant cycle of politics in the Philippines – the past versus the present administration. There is nothing wrong with having the CJ answer for his wrongs if proven guilty. But isn’t it more righteous and more adhering to “daang matuwid” if it is done the proper way?

Okay now! I go to the lighter side of issues in the country or should I say “softer” side?! This is in reaction to the “microphone bluffing” incident of Supreme Court Spokesperson Midas Marquez in front of local and international media which had inadvertently labelled him as “gay”. Let us believe him. He already explained that it happened for he wanted to make the moment light and more at ease. On the other hand, there is nothing really wrong if he is indeed gay. So what’s wrong with that? I don’t see anything wrong with having a family man, lawyer and SC spokesperson being gay. I am not saying SC Spokesperson Marquez is gay nor I am a gay rights advocate. All I am saying that we should throw away discriminating and stereotyping attitude on our dealings with people. This is one of things that are hampering us from improving as a nation. Let us accept people for who they are. Work with them. Accept their ways as long as it is not in bad faith. On second thought, lawyers should be “hard” and real males! Ha! Ha! Seriously, discrimination and stereotyping is not helpful in the nation’s productivity in general.

Overdue Sentiment on the SC TRO

Well, i do not know what's bugging me lately. I am not even sure what is making me feel bothered. I am not in my usual self for sometime now. Maybe, there are some things in my life are not just what I wanted them to be. Okay, enough of this being too emotional. I am returning for a "record" hiatus in blogging. Most of the time, lately, I am not in the mood or of "sound mind" to write and react about things. It takes concentration and inspiration to write. Yes, even on topics concerning the country! Otherwise, what you write may seemingly be worthless, lifeless, and nonconstructive. Oh what the heck, just write! Well, the topic I am writing on right now is quite overdue. But as a Filipino citizen, I am compelled to write on what I think about it. So here goes…

Issue at Hand: SC decision on letting GMA leave the country
Probably, the most famous term enshrined into everyone’s mind during the last two months of the year 2011 is “constitutional crisis”. The term was the product of former president GMA’s (Gloria Macapagal Arroyo) “botched” attempt to leave the country in a seemingly “urgent” fashion last November 15, 2011. This attempt to leave the country eventually created headlines of defiance almost immediately. (“Despite SC TRO, govt stops Arroyo from leaving PHL”) In an instant, the seemingly “benign” clash between two separate, co-equal branches of government – the legislative and the judiciary - rose to great heights.
I am not the one who you may say “intellectually inclined” with matters dealing with the law. But every Filipino with enough common sense to analyze things can conclude that the Supreme Court’s decision is indeed flawed. First, the SC issued the TRO beyond or near the end of office hours which gives the DOJ no or very little time to react.
Second, there are conditions that are needed to be met first for the TRO be effective. One of the conditions was not met - the appointment of a legal representative. (“ The petitioners shall appoint a legal representative common to both of them who will receive subpoena, orders and other legal processes on their behalf during their absence. The petitioners shall submit the name of the legal representative, also within five (5) days from notice hereof.”) On November 18, 2011, the SC by a vote of 7-6, found there was no sufficient compliance with the second condition of TRO. But the SC overruled its own set of conditions via a vote of 7-6 ruling that the TRO was not suspended pending compliance with the second condition.
Lastly, the dissenting opinions seemingly have more sense to the truth. GMA claims that she is ailed by a life threatening disease. Probably, the most compelling one is that of Justice Sereno. But I will only quote the honorable justice on some basic arguments. On her dissenting opinion, Sereno argued that “(GMA’s) own attachments belie the immediate threat to life she claims as one of. First, her own attending physician, Dr. Juliet Gopez-Cervantes, certified that petitioner should fully recover from her spine surgery in six to eight months, barring any complications.” In this sense, her condition will eventually get better (“fully” recover) and therefore is not life threatening. Also, in her itinerary, there are questionable countries of destination. As Justice Sereno pointed out: “If there is indeed some medical urgency and necessity for petitioner to travel abroad, these should logically be limited only to locations where she seeks medical advice from known experts in the field. Why then should there be other countries of destinations that are included in her travel authority but not specifically mentioned for purposes of medical consultations? What is the non-medical purpose of her visit to these other countries?” More surprisingly, GMA had intentions to participate in two conferences abroad during her medical tour. Will the conferences cure her of the said “life threatening” disease?
It is obvious in this case that GMA is in a hurry to leave the country for no apparent or clear reason – even her condition being life threatening is not clear enough! Her seemingly “staged act” to leave the country in a “dramatic” entrance to the airport does not have a convincing “telenovela” effect to win the sympathy of the Filipino people. I am not saying that she is guilty of the charges against her. But why leave the country in such a hurry? Face your charges. If you are not guilty of these charges, prove them in court. Be brave as you are when you were leading the country even if you were haunted by issues of legitimacy.