Batin's Banters

HALF CUP OF RICE OR A PIECE OF KAMOTE (AND SOME OTHER SOLUTONS TO THE CRISIS)

2008-04-15T22:25:00.005+08:00

By the look of things, the rice crisis will linger on and on. Much longer than we expect. So, either we follow the advice of the “brilliant” Sec. Arthur Yap by reducing our consumption of rice or shift to kamote for our staple food. I couldn’t imagine such opacity coming from a cabinet member.

Meanwhile, our President during the Rice Summit at Mimosa, Clark Air Base offered a palliative solution by promising funds: three billion for agriculture research and development; six billion for irrigation; six billion for other agricultural infrastructures; two billion for post harvest facilities; and 500 million for fertilizer support aside from five billion for allocation for rice loans through Land Bank.

My bosom friend, Executive Director of Philippines Development Assistance Program, Inc. (PDAP) Jing Pacturan who attended the Rice Summit doubts if such promises will come to fruition. He added, “with the object of PGMA to balance the budget, how can she do more spending for agriculture?”

All these promises of PGMA may go for naught. Pacturan stated that he is one of the directors in the Development Assistance National Organic Agricultural Program Board with 200 Million earmarked in the budget. Yet, not a single centavo has been disbursed to the Board. Jing was also worried that the additional proposal of PGMA in the summit of allowing CARP lands as loan collateral will most likely put the farmers in so much debt, negating the noble purposes of the land reform program.

Honestly, I don’t believe PGMA anymore when it comes to whatever programs she has vowed to do to alleviate the plight of our people, especially the poor. With the price of gasoline and consumer products like flour skyrocketing, we have the prospects of having our populace getting more famished now and onwards.

The palliative solutions of the President and the opaque advice of her secretary has even come too late.

The problem on rice shortage was seen to loom into a crisis in Asian countries way back in 1996. 18 countries in Asia drafted a food security agenda popularly known as The Bangkok Declaration as input to the World Food Summit (WFS), designed to prevent such crisis to occur. It called for the democratic control of food production and distribution by those who produce food. It implies that food production should be reserved for national producers in both developing and developed countries. Foreign trade is seen only as a complement to national production. (The Bangkok Declaration 1996)

This was strengthened further with the introduction of the concept of food sovereignty defined as “the right of countries and people to define their own food and agricultural policies that are ecologically, socially, economically and culturally appropriate”.(NGO Forum 2002)

In contrast to such declaration however, the Declaration of the World Food Summit (WFS) by Heads of State, among them PGMA, emphasized trade liberalization as indispensable to ensuring world food security. Its Plan of Action argues that trade liberalization means lower prices and higher incomes.

Said differently, instead of producing our staple food for our people and have control over our food production to ensure that the belly of every Filipino will be full, our government acceded to produce other products thereby, undermining the food security of our people.

As a result of such policy adapted by our government, we lost our food security. This simply means throwing away rice production as a priority to make rice available, accessible and affordable to all. Instead, all around the island of Mindanao, we see sugarcane, bananas, pineapples, rubber and palm trees being planted to cater the needs of other countries. Our government since 1998 has then started importing rice forgetting the development of our land for rice production. In the advent of the new millennium, rice crisis set in our nation to our almost irreversible level.

Way back in the 80’s, I worked with NEDA and was assigned as a deskman for the development of Agusan del Sur. A discussion with a certain Engr. Billy Emphasis of NIA showed me a picture on how hunger would be prevented. He said if we develop the entire Agusan Marshland for rice production, Mindanao will have sufficient rice. Obviously, this was not given much attention by our government.

Finally, Jing Pacturan of PDAP sees successes as they push for organic rice farming. Such a program though long term is the most strategic approach to solving the rice crisis than any other the short term solution being proposed right now. It is also environmentally sound and in line with the global trend to go natural. I’m with you Jing!

KUNG SILA ANG MAPALAD, SINO ANG NASAWI?

2008-03-28T13:43:00.002+08:00

Unbeknownst to the Catholic Bishops, in the midst of the embroilment between the so-called Mapalad Farmers and San Miguel Foods Inc. (SMFI) over the 144 hectares of land in Sumilao, Bukidnon, there lurk undisclosed facts and unresolved issues.

I happen to have taken hold of various documents showing how the implementation of agrarian reform was first curtailed by the Norberto Quisumbing Sr. Management and Development Corporation (NQSr-MDC), despite clear mandate of the law to have the land covered under the agrarian reform program. Thereafter, the selection of beneficiaries went haywire.

Here are the hard facts. The subject land bearing Title No. T-14371 in the name of NQSr.-MDC had already been placed under the agrarian reform coverage way back January 31, 1990 by the Municipal Agrarian Reform Officer of Sumilao, Bukidnon, the late Maximo N. Valmores, Sr. A Notice of Compulsory Acquisition of the 144 hectares was served to NQSr.-MDC on October 25, 1991 informing the said landowner that the distribution of the land to qualified farmer beneficiaries has commenced.

Meanwhile, DAR administrative machinery had already screened and qualified a group of farm workers from Del Monte Philippines Inc. (DMPI). The land, which was then leased to DMPI for 10 years, had been planted with pineapples. Hence, the actual tillers of the land were the pineapple plantation workers who toiled in making the subject landholding productive.

In order to prevent the pineapple workers from taking over as owners of the land, NQSr-MDC was able to secure an Order from the DAR Adjudication Board (DARAB) restraining coverage of the land under the agrarian reform program on the ground that the company had yet to finish its contract with DMPI.

In order to further prevent the Del Monte farm workers, who already formed a cooperative, from taking ownership of the land, NQSr-MDC formed its own puppet cooperative, albeit unregistered, named San Vicente Agrarian Reform Cooperative.

However, sensing that it could still evade the agrarian coverage, NQSr-MDC applied for conversion of the land into an agro-industrial zone. It was a clever act to exempt the land from agrarian coverage. Such chicanery of NQSr-MDC caught the ire of San Vicente Agrarian Reform Cooperative, now known to all as the Mapalad farmers, who became the main adversary of NQSr-MDC. NQSr-MDC did not know then that its own creation, with the support of local and foreign NGOs, would turn into a monstrous beast that would gore its own maker.

Meanwhile, the application for conversion of NQSr-MDC was disapproved by then DAR Secretary Ernesto Garilao, he being an ally of some NGOs supporting the Mapalad farmers. The disapproval was later challenged before the Office of the Executive Secretary, where it was reversed.

Upon review of the Office of the President through the prodding of the media, then President Ramos arrived at his so called “win-win formula”, giving 44 hectares to NQSr-MDC and 100 hectares to the Mapalad farmers. This scheme flopped and was thrown into oblivion.

The dispute silently toned down and for several years no clamor could be heard. Surreptitiously, NQSr-MDC sold the landholding to San Miguel Foods Inc.

The clamor of the Mapalad farmers has taken a new life. They marched to Manila decrying that the land is now ready for coverage by virtue of the Supreme Court decision. They went to big institutions in Metro Manila such as Ateneo de Manila University for support and pitched a tent in front of DAR Central Office in Quezon City.

Media played up the outcry of Mapalad farmers but did not disclose the hard facts, among others, that these farmers are not the true tillers of the land. There were prior bona fide tillers who, for ten long years, worked on the land and planted it with pineapples. These true tillers, Del Monte farm workers, had been “sidelined”, so to speak.

It was not also disclosed by DAR that the first priority in the selection of beneficiaries are the tillers and not mere residents of the barangay or municipality where the land is situated. It was even learned that many members of the Mapalad farmers do not reside in Sumilao, Bukidnon.

So, the issue now is: who has superior rights as beneficiaries over the 144 hectares of land in Sumilao, Bukidnon? Since the subject land is not burdened with tenancy, aren’t the next most qualified beneficiaries the regular farmworkers who cultivated the land?

Besides, upon cursory reading of the Comprehensive Agrarian Reform Law, being a resident of the same barangay or municipality would not be an unbridled license to being an agrarian beneficiary. The law has given superior rights to the actual tillers in keeping with the dictum “land to the tillers”, from where the spirit of CARP was derived.

In the end, the unfinished story of the 144 hectares of agricultural land in Sumilao, Bukidnon portrays the desperate acts of a family corporation that adamantly held on to its land at the cost of negating the thrust of the government. Poignant but a reality like the story of Hacienda Luisita.

It is also an unfinished story of the erroneous implementation of the CARP in the distribution of the land to those who truly deserve to be awarded. This merits a long second look as hundreds of people may fall victim to the wrong application of the agrarian law. In the end, the Mapalad farmers may be found to be just mere “second rate trying hard copycats” of the true tillers of the land.

INTO THE PAWS OF THE PANDA BEAR

2008-03-18T12:54:00.001+08:00

The Joint Marine Seismic Undertaking (JMSU), has been concluded as a multilateral agreement, albeit without the consent of Congress, between our country, China and Vietnam. It has since raised questions that involve international relations. Has our sovereignty been breached? What will happen if we abrogate the agreement, will China go to war against us? If we insist on holding on to Spratlys, will we in the end be under the subjugation of China, the fast rising hegemon in Asia?

As a country, we have long been under the control of other colonizers. For more than a hundred years, we have been influenced by the United States of America, also known to us (depends on where you stand) as the benevolent Uncle Sam or a fierce bald eagle that has snatched us with its talons.

In high school some thirty years ago, so many questions had bothered me involving the U.S. We have treated the U.S. as a big brother who allegedly fought with us toe to toe during the Second World War. So we defeated Japan but why is Japan more prosperous now? We revere Gen. McArthur for returning to our country after he chickened out in Corregidor. Did McArthur really love us when history would reveal that the first person he killed is a Filipino Guerilla, a patriot for us during the Filipino-American War? Why did my lola tell me that the Americans during the war were so cruel, killing all the animals including dogs and cats on their island in order to starve the inhabitants and leaving every town with so much stench of the decaying carcass? Isn’t the U.S. our benefactor who even taught us how to read and write in their own language?

The reality has revealed itself. The Philippines is such a small, poor country that we were bullied by bigger countries and we could do nothing about it. The Americans never cared. They wanted us as a “punch” in Asia, a launching pad for their bombs against China and Vietnam during the cold war. Its domination makes us a sure market for their “stateside” products and a cheap source of labor for their multinational corporations.

Yet, these days another story is taking place. The hegemony of China over Asia has now become a stark reality while the power of the U.S. has plummeted together with its dollars. As they say – “God made the Earth but all the rest are made in China”.

Now, the question is, if we have the option, with whom do we side, China or the United States?

The U.S. has taken so much advantage of us and its vestiges of exploitation have indelibly remained not only in our surroundings but in our veins. It has raped our economy and their soldiers have literally feasted on the flesh of our women.

But look at China. It has for so long slowly crept into our country’s economy and social life. Its people have dominated our institutions, including businesses and even politics. Once considered outcasts in our country, now the Chinese have become part of us and our families have intermarriages with Chinamen and women.

Mainland China has opened trade relations with us despite our open exchange and negotiations with Taiwan. Yet, either in trading, such as the ZTE deal, or in an international agreement, our administration does not seem to know its way.

At the time when we have started setting a favorable atmosphere for diplomatic relations with China involving our resources, our President, the lucky bitch, had to bungle it. She ignored protocols and undermined the powers of Congress.

Nevertheless, in the bigger picture, the choice of which side to take does not rest on us. It is the more powerful country that decides. But my bet is on China, which may be symbolized by a panda bear. It is better to hug a bear than to always be in the claws of a lousy bald eagle.

TAXATION: THE STATE’S POWER TO DESTROY

2008-03-12T11:58:00.000+08:00

It is amusing to hear City Treasurer Lino Daral acting as a messenger of doom for the city when he declared that the city will be losing 50 million pesos due to the accreditation of Del Monte under the umbrella of the Philippine Economic Zone Authority (PEZA). The council took a ride on the ominous declarations of Daral and made 180 degree turn. It then passed a resolution defying the tax exemptions granted to eco-zone facilities.

But who really cares? Does Lino Daral really care? Are the city folks really bothered by the situation? Nobody seems to respond to such a call to support our city to earn more revenue except Licayan and his cohorts kowtowing to Mayor Tinnex.

True enough, if we look closely into our national as well as the local tax system, we would know it is a reflection of the values of those in power. Our tax system is heavily influenced by our politicians and our people are left always in a quandary why they are imposed with so much tax burdens and yet, no substantial projects come back to them.

When it comes to projects, how are our taxes being utilized? A cursory look at the ZTE deal through the testimonies of various witnesses at the Senate gives us a glimpse of where our taxes go. It showed that about 2/3 of our taxes is pocketed by our politicians through high handed methods.

The scheme is not difficult to understand. The government would enter into an agreement to implement a project, the payment of which would be borrowed from a financial entity. The project will be priced so highly, say at $360,000,000, like the ZTE deal, the true project cost of which is only $130,000,000. Meaning, $230,000,000 will go to the pockets of the politicians and their conspirators while we end up paying the loan and its interests through our taxes.

Our city is a miniature example and even a travesty of the big deals in the national government. So many times, Zaldy Ocon would broadcast over the radio on how the city would borrow money to buy very expensive lands, a big chunk of the money borrowed would go to the pockets of our local leaders. Then we pay Development Bank of the Philippines (DBP) from where we borrowed the money through our local taxes. Such happened to our “piso-piso” projects in Calaanan and some other parts of the city which were declared to be anomalous, irregular and violative of the graft and corrupt practices act by the COA Special Audit Team.

Our local leaders also borrowed hundreds of millions from Land Bank for the construction of a public market in Bulua which was also found to have been grossly overpriced together with the road in Taguanao and a bridge near the desecrated Huluga Heritage Site. We and our children will be paying for such loans through our taxes. Deep inside, we know where the bigger portions of the money went.

Curiously, interviews with some executives in Del Monte revealed that the taxes they are paying yearly is less than 50 million pesos. How could our city lose 50 million when the company will not stop paying taxes other than those exempted through the PEZA?

The PEZA was designed to industrialize the country, for more jobs and expansion of capital investments. Instead of paying direct taxes, the PEZA accredited company is supposed to share 5% of its income, 2% of which will go directly to the local government. Simply said, if Del Monte will earn more profits this year, it will share 2% of its profits which may spell out millions of pesos for Cagayan de Oro. How then could the city lose?

There is a need for Lino Daral and some of our Kagawads to revisit the noble intentions of PEZA law before jumping into conclusions.

When the city council took back its endorsement through the Kagawads, did this resolution invalidate the PEZA accreditation granted by no less than the President of the Republic herself? Isn’t this accreditation a fait accompli or an accomplished fact and therefore, irreversible?

In the end, more taxes for the city or less, we the citizens end up the losers just the same. So, who really cares? At the rate the BIR is filing cases on the alleged violations of taxpayers, taxation is now considered a power to destroy and not a manner of redistribution of our wealth. Duh!

MARY... UMMM! THAT IS GOOD!

2008-03-03T11:46:00.001+08:00

While the Bishops in Manila are preoccupied with egging everyone to break the culture of corruption, here in Cagayan de Oro, Rodelsa Hall of Liceo de Cagayan University has been abuzz over the staging of a show for lent – Jesus Christ: Superstar. Thus, for an hour or two, I disabused my mind from too much politics and started assuming unto myself the sacredness of the coming Passion and Cross.

Jesus Christ: Superstar staged by the locals, mostly students and employees of Liceo de Cagayan University, is an adaptation of a rock opera of the same title by Tim Rice and Andrew Lloyd Webber. Judas Iscariot, however, took center stage not only as the betrayer of Jesus but as one who tried so hard to understand their situation in such a milieu.

The portrayal of the role of Mary Magdalene, by one whose name is that of our Muslim sisters, Princess Aline Nonieh Zorayda Improso, is almost world-class and comparable to, if not better than, those trained in Manila.

After viewing the show, I felt Cagayan de Oro is giving birth to something so important, something “significant” and something that our community should not ignore. Most of the shows staged in Cagayan de Oro that may be considered “significant” have always been undertaken by foreign or Manila artists.

The last time I saw a Broadway musical performed here in Cagayan de Oro by the locals was an interpretation of CATS more than thirty years ago. It was presented at an audio-visual room by college students of Xavier University. Lately, I was told Xavier was a venue for an ethnic cultural play entitled “Ming” written by a playwright from Mindanao State University.

Culture here in Cagayan de Oro has been virtually dormant, if not dying. It had been totally disregarded and only our educational institutions are trying to promote those which may be considered worthy of presenting.

Liceo de Cagayan is inevitably doing a service to the city as the city itself has not looked into the promotion of our culture or the preservation of our heritage, except recently, when the Honorable Tinnex dissolved the group supposed to be incharge of preserving our culture. They were found to be an additional yet unproductive expense for our debt-ridden city. Now, I was told the new mayor is looking seriously into old issues that affect our heritage. Way to go Tinnex!

To all the cast of Jesus Christ: Superstar and its Director and the entire Liceo de Cagayan University family who are giving their share to the city’s culture – bravo!

A WASTED GIFT (OR THE EMACIATION OF A HOSPITAL)

2007-12-23T15:03:00.000+08:00

The late Justiniano “Tinieng” R. Borja, the venerable and most decorated Mayor of Cagayan de Oro City, once wrote:

“Life is a gift, and what a gift it is! I have learned that the more you give of yourself, the more you have the gift of life; That he who forgets self and gives all that he is entirely and devotedly to something or somebody; And he who lives for justice and truth without caring for the consequences, receives a thousand times more than he gives.”

Among the gifts he left behind is a hospital that he built as a Mayor in the early 60’s. After his demise, the hospital was named after him.

More than forty years have passed and the original building of the hospital has started to crumble down. The services that have been rendered to the Cagayan de Oro’s ailing populace have become too insignificant that the poor has started to rely, when it comes to health services, not on its own local government, but on foreigners, specifically the German Doctors.

The city hospital has virtually become a white elephant, useless yet expensive. To some, it has become a milking cow that enriches their pockets instead of a venue to heal health maladies of Cagayanons. Jokes have circulated comparing the city hospital’s patients to be like dreams that have reached Mona Lisa’s doorsteps: “They just lie there, and they die there!”

Nevertheless, a few employees determined to bring life anew to the ailing, emaciated hospital came out in the open when they saw hope in the initial governance of the new Mayor, the Honorable Tinnex Jaraula. They unearthed the manner in which corruption and irregularities were committed by a few people. They decided to file anti-graft and corruption charges against those who have pillaged the coffers of the city through the hospital.

These good souls laid bare the truth through their sworn statements that enumerated anomalies after anomalies in the purchase of medicines, hospital supplies, medical equipment and apparatus.

Consider the following anomalous purchases found in the affidavits of Rhodora Christine B. Patana, Judyflor D. Daculiat, Nicomedes Bactong, Lorna Monterola, Esmeralda Tejada, Artesia Zenaida Latar, Malou Villamor, Quennie Lynn Abrogar, Sharon Rose Damolo, Judith Lim, Chona Pepania and Floramae Ortega:

On Medicines:

In several instances, the city hospital bought from ECE Marketing antibiotics particularly, Tazocin (4.5 gm) that was nearing its expiry date at a price P3,058.00 per vial. The same antibiotic was also bought from Mckline Enterprises at P3,057.00 per vial. But upon inquiry from Mercury Drugs, the drugstore sells the same antibiotic at P2,571.00 per vial. Worse, the hospital pharmacy sells the said antibiotic to poor patients at a price of P3,363.80, almost P800.00 more than the selling price of Mercury Drugs.

The hospital also bought Dopamine HCL at a price of P949.00. Yet, this kind of medicine was bought by the hospital from a different company at only P110.00 per vial. This reveals the overprice of more than 800%.

There were also medicines that were already paid for by the hospital and yet were not delivered after one year.

The purchases of some medicines were also so voluminous that they merely file up in the inventories in the stock room of the hospital.

On Medical Supplies:

There is only one supplier that provides about 80% of purchases for medical supplies. The procurement of medical supplies from February 2006 to July 2007 from Berovan Marketing has reached a staggering amount of P3,472,285.85.

The supplies, comprise among others, alcohol which was bought at P80.00 per bottle but could be bought at about P50.00 per bottle in any drugstore. There was a purchase of forceps in the amount of P3,600.00 per pair which could be bought from the ordinary pharmacy at P1,200.00. Again, this exposes an overprice of 200%.

The hospital also bought from Berovan Marketing a Food Conveyor that could contain only 36 trays at a price of P110,000.00 but the invoice showed that the hospital paid P119,500.00 (about the price of a multicab). The food conveyor easily rusted and did not even command a price of P50,000.00.

Moreover, the purchases were clearly in violation of RA 9184 known as “Government Procurement Reform Act”. There were practically no quotations submitted by at least three (3) various suppliers and did not undergo the required procedure for purchasing.

On Hospital Supplies:

The City Hospital through Dr. Jerie Calingasan made “Emergency Purchases” which are not emergency in character. Among the hospital “purchases” was a repair of a Toyota Tamaraw FX and a Kia Besta Ambulance which costs P131, 200.00. The money for the “purchases” allegedly came from the pocket of Dr. Calingasan and the vouchers show that he was reimbursed of the amount he supposedly “advanced”.

There were also purchases of hospital supplies, among others, eight (8) kilos of detergent powder at a price of P11,500.00 or an outrageous amount of P1,437.50 per kilo. A detergent powder like Tide could only be purchased at P70.00 per kilo. Meaning, the said detergent powder was purchased 2,000% more than its ordinary price.

For the year 2006 and part of 2007, Dr. Calingasan was reimbursed the amount P855, 939.17 purportedly due to the “advances” he made to the hospital. Where did he get his money? It surely is a lot more than his salary for the entire year.

On Hospital Equipment and Apparatus:

From February 2006 to July 2007, the hospital purchased Medical Equipment and Apparatus in the overwhelming amount of P14,025,000.00. An X-ray machine was purchased at P6,500,000.00, the capabilities of which is so limited that in the market, it did not even command a price of P3,000,00.00.

The surgical table which is unbranded or the so-called universal type barely costing P400,000.00 was purchased at P1,240,000.00. The price is clearly tripled at the expense of the taxpayers’ money.

The hospital also purchased an Anesthesia Machine in the amount of P1,985,000.00 which had since been malfunctioning and did not perform the desired function as expected, thereby endangering the lives of the patients. Upon proper scrutiny, it would show that this anesthesia machine was also highly overpriced.

So many anomalous transactions were entered into by the hospital prejudicing the coffers of the city. All these transactions, however, are shown in the vouchers appended in the Affidavit-Complaints. Payments were made through the approving officers of the City Hall namely: City Administrator Criscelda Joson, City Treasurer Lino Daral, City Accountant Wilma Rugay, City Auditor Olivia Flores and the highest approving officer then, City Mayor Vicente Y. Emano.

One is inclined to ask, is the city hospital truly a gift to us people of Cagayan de Oro? Or is it a curse that condemns our health rather than promote it?

In the statue of the late Mayor Justiniano R. Borja, the last lines go:

“I have learned that the only immortality, the enduring and permanent things in a transient world, are truth, honor, decency and courage; And those who build their lives upon these intangibles of spirit, build upon foundations that can never be shaken by any force on earth.”

Truth, honor, decency and courage. I admire the few brave hospital employees who adhere to these “intangibles of spirit”. The corrupt leaders of the city and the hospital will one day realize that they are mortals and that their malevolent acts will forever remain in the memory of the living.

Thus, we pray in this Christmas season, a season of hope, that each one of us bestows gifts that will not be forever wasted… gifts of the intangibles of the spirit such as kindness to our fellow Cagayanons. Merry Christmas!

PARDON MADAM BUT YOUR SLIP IS SHOWING

2007-10-29T12:00:00.000+08:00

The question not often asked about the absolute pardon granted by GMA to then President Joseph Ejercito “Erap” Estrada is: Who will ultimately benefit from such a pardon?

Consider the following:

Firstly, the power of executive clemency resides in GMA alone and no one else. She may at her own discretion forfeit such act of clemency or pardon at her own whim. In such a case, if Erap will create political havoc or even form a stronger force to quell GMA’s administration, the latter may so decide to place the former back where he rightfully belongs - the Bilibid Prisons.

Secondly, pardon is viewed as an “act of grace” from the President, done at the time when GMA is beleaguered with so many impeachable issues such as the ZTE deal and the payola to the governors. The act of being beneficent such as pardoning Erap was designed ultimately to dissipate such issues.

Thirdly, worded subtly in the letter of pardon, GMA does not anymore allow the former President to run for an elected position in the government. This actually violates the so-called unconditional pardon given to Erap as it does not restore complete civil and political rights on him but will forever hang the sword of Damocles over his head.

From the way it looks, the grant of pardon by GMA was made only for her political convenience and not for the general welfare of the nation. She will reap utmost benefits from such an act.

Many argue that the pardon will heal political wounds as it would eliminate the divisiveness and recrimination from the past. This is clearly hogwash. Our political wounds have become so deep-seated that they have long festered into a rotting economic situation, leaving our country dependent on OFW remittances. Such decadent result we know were inflicted upon the nation by these two giant politicos when they and their minions unmitigatingly commited plunder, emptying our coffers with their own selfish personal agenda in mind.

The pardon, to say the least, is simply an act of letting a convicted felon of hideous acts against our country go free, thereby sending a message to all that the rich and the politically powerful persons are above the law. The other plunderers could feel assuage by the fact that being a plunderer, he would easily be released from his criminal liabilities by the President in exchange for a political gain. Meanwhile, the wild party of corruption would go on and on at the expense of true justice.

To say the most, the pardon granted by GMA to Erap has opened a flood gate to more corruption, to more plunders, putting our country permanently with an indelible mark of being the most corrupt country in Asia.

I remember the time when the late Cecilia Muñoz-Palma, then Lady Chief Justice of the Supreme Court attended a Conference on Law in Greece about 30 years ago with almost two thousand legal luminaries in attendance. For two days, the brilliant minds of the law could not come up with even a single line of any legal precept that they envisioned to attain.

On the third day, they finally arrived at a concensus: “No one is above the law”.

Kings, princesses or heads of the states and even our own President must never be above the law.

Alas! This appears to be the exact opposite of what GMA has achieved in pardoning Erap. She has not only arrogantly appeared to be above the law, she has also elevated the politically powerful to be beyond the reach of law and justice. No doubt, this would lead us to a more politically chaotic nation as the “act of grace” of GMA is no less than a shrouded curse to the rest of the Filipino people.

LEON ELLIVER

2007-10-29T10:57:00.000+08:00

this is leon elliver. a lawyer. a writer. a lover. of life.

TRUE SERVICE

2007-03-01T10:01:00.000+08:00

“The Carnival is on!” as the dailies declared. It starts with the Senatorial Candidates showing their faces on TV, newspapers, and street posters. Their voices resonate over the radios declaring that they are for the service of children and in the side of women, the poor, and of social justice.

Come March 30, the carnival will break loose and become a big discordant barrage of noise of local candidates declaring too that they will serve the community and will promise everyone that they will be exemplary public servants.

Like the senatorial candidates, their local counterparts will unabashedly announce that they are “the fulfillment of your dreams”, “the hope for a prosperous future”, “the protector of the Constitution”, “your voice in the government”, “the redeemer in the quagmire of poverty”. Ad infinitum!

After 3 years, we start to wonder what service they have done except that we see them building their mansions, importing classy cars and traveling in big cities abroad.

One editorial cartoon in the local paper might have said it all. Political Parties are mere dumps of garbage and the politicians are the hideous flies in those garbage.

When I think about public service, I remember the case I handled as a Special Prosecutor for the Environment way back in 1994 when a poor woman was harassed and gravely threatened. In the middle of the night, she single-handedly tried to stop illegal loggers from transporting illegally cut lumbers in Dansolihon. After a rigorous trial, Hon. Ernesto Malferrari, then Presiding Judge of Municipal Trial Court in Cities (MTCC), Branch 5, penned a decision, part of which states:

It is concededly rare nowadays to see a person dedicate herself to the service of her people and government, as was being done by the person of Guinang LYNDIE N. ACALA. The prosecution has established that Ms. Lyndie N. Acala was “deputized” by the DENR to monitor, police and report any violation of the forestry laws, especially in the matter of smuggling cut timber without proper license from the government.

It was because of her dedication to her work that the accused got mad at her for reporting them, and, since she has become a “thorn” in their illegal activities of smuggling illegal lumber, they resented very much the laudable efforts of the offended party in blocking their operations which hatred caused them to subject the offended party to Grave Threats in order to silence her and let the accused continue unhindered in their onslaught of destroying our forest.

It is not difficult to see why the accused were able to threaten the offended party. She is a woman, a simple wife, living in a place far from the protective mantle of the legal authorities, easily intimidated by threats because there is no strong arm of the law to protect her. But it is the misfortune of the accused that the offended party has the courage to prosecute them for the legal wrong they committed in order to vindicate her sacrifices and efforts in protecting the patrimony of our nation.

She was willing to sacrifice her life and time to come to court so as to seek justice for the harm she was subjected to by the accused who did not even bother to respect the fact that the offended party was only trying her best to do service to her people and nation.

True service comes in many facets. One need not be a leader in the community in order for him to sincerely give himself in the service of humanity. With so much hullabaloo in our electoral process, I feel it is time to deeply ponder whether it is wise or unwise to join local politics.

THE REAL BATTLEGROUND IN THE 2007 ELECTIONS (OR A VIEW FROM A DOOMSDAY SAYER)

2007-02-28T09:52:00.000+08:00

In one of the TV shows, interviews were conducted on how common folks react to the incoming 2007 elections. An ominous trend among the answers evidently shows that in the simple minds of our people, all politicians are practically the same. Whoever may be elected will not yield any positive results in their lives. “Kahit na sinong piliin nyo, pare-pareho lang yan sila!”

For that same reason, our countrymen choose those who are popular and not those who present themselves to be real statesmen. Thus, we end up with basketball players, actors, husbands of actresses, radio and TV announcers in the senate, congress and even in local governments.

The observation of many appears valid if not to be considered profound. They are now benumbed by what they perceive as a useless exercise every three years, election after election.

However, the scenario these days in the Halls of Congress, particularly the Lower House, may spell the gravity of the role a congressman has to delicately take if voted upon in his district.

The incoming year in Congress will be most crucial in the history of Philippine politics. The situation is extremely volatile. Should there be a drastic change in the balance of countervailing powers in Congress, our government will take a radical turn, either for better or for worse.

If 80 congressmen or 1/3 of the opposition will win, the impeachment proceedings will be revived, and if approved, it will be passed on to the House of Senate for trial.

However, if impeachment proceedings are prolonged or snuffed out and GMA decides to declare Martial Rule, putting an end to our democratic life, Congress will need about 130 congressmen together with the senators to stop such a menace.

The constitutional provision, Art. VII, Section 18, states:

In case of invasion or rebellion, when the public safety requires it, (s)he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President….

The Supreme Court cannot curtail the President from further continuing with Martial Rule, thereby putting us back to where we belonged during the Marcos era. Martial Law would take its toll on democratic life, dimming out the lights of freedom.

The question now is who among those who presented themselves and are posturing to become Congressmen in the two districts of Cagayan de Oro City will be considered consistently under the opposition or independent minded enough not to kowtow with GMA.

A cursory look at them may shed more light.

BENJO BENALDO: He could never be with the opposition and will run under the administration. He is a godson of GMA. He is also a good friend, a fratmate and a classmate of Mikee Arroyo before they were kicked out from Ateneo de Manila Law School. He will now “graduate” as a Councilor. His connection with Malacañang has been enormously displayed during the visit of GMA in our fiesta celebration. He presently violates election laws by putting his face together with the mayor in tarpaulins around the city.

EDGAR CABANLAS: The number one bootlicker of Dongkoy. Known to be the man behind the implementation of the illegal piso-piso project and assigned in the purchase of lands from the coffers of the local government. As his master is at the side of the administration, he too will take such side.

ALVIN CALINGIN: The erstwhile deep penetration agent (DPA) of Dongkoy who took an oath to be in the ranks of PDP-Laban knowing that Dongkoy will not be supporting him for any elective office. He is also a cousin of the former Governor Antonio “Bong” Calingin who caught the ire of Dongkoy when he was sitting as Governor of Misamis Oriental. He can neither be considered as a consistent oppositionist nor an independent minded person.

TONY SORIANO: He stood as an opposition and even ran for mayoralty position but all the while was a lawyer of UKC, the contractor of the city allegedly owned by Dongkoy but operated by Dodong Uy. He is a member of the Black and White Movement. Yet, he appears to be neither black nor white and could hardly take a stand against GMA.

ROLANDO UY: The Barangay Captain of Carmen, Cagayan de Oro City is now posturing to run in the camp of Dongkoy and is also under the administration.

MONCHING TABOR: He declared that he will run for Congressman and nothing else. While he has shown himself to be independent minded, he finally gave in and joined Dongkoy. He has taken his oath under the banner of PaDayon Pilipino.

We are then left practically without any choice at all for the House of Congress. If people like Justice Alfredo Lagamon, Roderico Villaroya and some other independent minds will not take the cudgels for the City of Cagayan de Oro as a prominent voice in Congress, no one will speak the truth for us.

No one will try to prevent GMA from pursuing her evil designs if only to remain in power. We will be back with another Tinnex, who, after nine years of kowtowing with the President and betraying us, built a castle in Indahag complete with swimming pool, basking in the warmth of his wealth.

PIT OF SNAKES

2007-02-01T09:40:00.000+08:00

The entrance of Intramuros in Manila is grandiose. Turning right upon reaching the first road stands the Manila Cathedral and to your right is the renovated Palacio del Gobernador. A few meters away from the back of the Manila Cathedral is a worn-out wooden building painted with white, the edges of which are beginning to worn-out showing the various coats of other paints.

There are about four steps going up in the building. I needed to pass through narrow corridors as you get deep inside the halls. And I felt like I am inside a dungeon as I get through a room with a signage, LEGAL OFFICE.

The faces inside the office did not seem to welcome anyone. They don’t care nor bother. This is the COMELEC office. After getting out, it feels like I had just freed myself from the pit of a snake.

This is the office that proclaims victory for all leaders of the land. An office that refuses to modernize our electoral process. An office that refuses computerization of balloting and counting of the will of the people.

The big debate rages on either to computerize election or not.

In a country where dishonesty thrives and cheating as the means to assume power, the people are held hostage by the leaders who find it convenient to deliberately curtail any electoral reform that may come at hand.

Well-meaning persons who aspire to become leaders often think twice in presenting themselves as they know they will be subjected to dirty tricks that may along the way.

ITAKWIL ANG TAKSIL! (OR THE DESECRATION OF AN OATH)

2007-01-21T09:56:00.000+08:00

Before a crowd of about half a million people, mostly wearing black, Gloria Macapagal Arroyo in a pale gray suit and flanked by several dignitaries, stands up expressionless. She is about to be sworn in by Chief Justice Hilario Davide into the highest office of the land. In between the two of them, one administering the oath and the other taking it, is a little girl holding the Holy Bible.

That was January 20, 2002, the so-called EDSA 2.

Raising her right hand while her left palm on top of the Bible, GMA followed every word of Davide, saying: “I DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY AND CONSCIENTIOUSLY FULFILL MY DUTIES AS PRESIDENT, PRESERVE AND DEFEND ITS CONSTITUTION, EXECUTE ITS LAWS, DO JUSTICE TO EVERY MAN, AND CONSECRATE MYSELF TO THE SERVICE OF THE NATION. SO HELP ME GOD.”

Though the oath was made in front of a big horde, it was really a pledge before God. It was also the beginning of her reign as President. The oath is mandatory.

Now the simple questions: Has GMA fulfilled her pledge before God? Has she faithfully and conscientiously fulfilled her duties? Has she preserved and defended our Constitution? Has she done justice to every man? Has she consecrated herself to the service of the nation?

ON CONSCIENTIOUSLY FULFILLING HER DUTIES AS PRESIDENT. She promised not to run for President. She lied. In order to secure victory during the presidential election she cheated by appointing a master manipulator in the COMELEC and thereafter, rigged the results.

ON PRESERVING AND DEFENDING THE CONSTITUTION. GMA was identified to have spearheaded the People’s Initiative, declared by the Supreme Court as the grand deception of our people. Despite her denials, her manipulative hands were seen to have pulled the strings on her majority puppets in Congress who tried to railroad the charter change in the Lower House. And now, her compliant cabal is orchestrating the return of the infamous People’s Initiative dubbed as P.I. II.

ON THE SERVICE OF THE NATION. GMA, under cover of darkness, surreptitiously took away from his cell in Makati City Jail convicted rapist Lance Corporal Daniel Smith and transferred him into the custody of another country. She declared a State of Emergency amidst dissention against her. She suspended local leaders posturing to run against her minions but spared corrupt leaders close to her like Chavit Singson.

ON DOING JUSTICE TO EVERY MAN. In her hands, our country has become one of the sickest in Asia. We have also become a country of impunity with more than 800 summary executions during her stint.

After six years, we have yet to see GMA fulfill her oath before God. On second thought, GMA for all we know may be adoring another god - a god with an illimitable greed for power like her.

THE UGLY FACE OF POLITICS (OR AN OPEN LETTER TO RONA CANOY)

2007-01-17T10:06:00.000+08:00

My dear Rona,

Our animated discussion last night at VIP Hotel in between your Board Meeting and our Toastmaster’s Educational Session has egged me to write you this open letter. It’s amusing to hear you explain how running into public office came into mind after Butch Canoy was referred to by this paper as the son of Reuben Canoy.

But I was deeply disturbed by how you see things happening in our local politics. The ideals of good governance and the idealism that you have nurtured deep inside still appears ardently aflame. Yes, you want to push for a higher level of politics.

The stark realities appear to point in a different direction. But as you said, if you present yourself and show them true leadership, then losing or winning in the electoral race becomes an irrelevant issue. Of utmost importance is that you have shown everyone a better option.

Winning a seat in the City Hall or in the Halls of Congress, however, is done by the old crop of politicians at all costs. In doing so, the electoral process becomes so sullenly soiled by dirty tricks and in the end, we are left with undesirable leaders.

In Bobby Balinado’s perception, “politicians at present are looked upon with so much disdain.”

Here are my observations on how the political game is played. First, you need money. Oodles and oodles of money. Sacks of small currencies like 20’s and 50’s for the moñedors. Watchers. Purok Leaders. Campaign staff. Transport. Campaign materials. Radio and TV ads. Mobilization expenses for nightly sorties. And finally, more money for those who want their votes to be bought like a cheap commodity.

You would also need an organizational structure, which is referred to as the “machinery.” It is designed to reach the last voter in the community. In fact, it would best serve you if you organize in small patches, showing them your platform of government and the direction to where you will lead our city.

However, some of the politicians have organized the vast masses, especially those in poverty stricken areas, through brainwashing sessions and cultist rituals. The leader then would be presented as a benevolent patron who would redeem them from their sorry state. That way, those unlettered would start revering their cult leader as a demigod. To complete the “machinery”, there is a need for a candidate to align himself or herself with National Group for added resources.

To spice up the campaign, there will be a need to hire entertainers if only to easily mobilize the crowd.

In the end, our election has become a carnival and no longer a decent exercise of choosing an intelligent and sincere person like you into office.

Most of our politicians regard politics as a business endeavor. They measure the amount they need to spend to buy votes, to finance the teachers and to bribe the COMELEC in order to bag their desired position. But beforehand, they have already measured the amount of taxes that the City Hall would be able to collect. They then put into their minds that the money they would be able to stash from our coffers from all the transactions and other dirty deals is a return of their “investments.”

It is of no wonder why Dongkoy declared that he will spend all the money to be collected by the City Hall before leaving his post. He will also leave us with billions of debts from Land Bank of the Philippines (LBP).

You may then ask, what about the issues on inefficiency, corruption and other illegal activities that have been done by those leaders who want to be re-elected? These are merely side issues and they do not really count. Our government has apparently no political will to punish our corrupt leaders except if they are on the other side of fence.

So where do we go now?

We still fight Rona. We present ourselves and maybe one day not far from today, our children will not blame us for complacency, decadence and apathy.

I hope these thoughts will somehow guide you in your new journey as you confront the ugly face of politics.

Sincerely yours,

Manning

CLEAN, SAFE … AND COAL?

2007-01-10T14:56:00.000+08:00

No Siree! There can never be a CLEAN and SAFE coal-fired power plant anywhere in the world and our coal-fired power plant is no exception. The paid TV ads amounting to several million pesos in ABS-CBN of STEAG Coal-Fired Power Plant in Villanueva, Misamis Oriental is misleading. Not only that it is misleading, it is also deceitful and cleverly designed as a deodorizer.

The phrase “clean and safe coal-fired power plant” is contradictory in terms, a foul smelling oxymoron.

In the recent issue of Sierra, a magazine distributed to Sierra Club members, a worldwide group of environmentalists, it declared that, “Despite the industry’s hype, there’s no such thing as clean coal (power plant)”.

In the United States alone, though coal-fired power plants generate more than half of the electricity and about 22% of the energy produced, it contributes to the 36% of the over-all release of carbon dioxide, the main culprit in global warming. How could that ever be clean?

The article entitled “Can Coal Be Clean?” authored by Marilyn Berlin Snell in Sierra also stated that coal-fired power plant in the United States contributes to twenty-four thousand (24,000) premature deaths a year. How could that ever be safe?

The TV ads of STEAG also claims EFFICIENCY, but it did not show us how. It’s a despicably barren claim. If STEAG shows us that they are operating in an Integrated Gasification Combined Cycle (IGCC), then we might be convinced of its efficiency.

In such a system, “crushed coal is mixed with oxygen and water in high-pressure gasifier to make ‘syngas”, a combustible fuel that produces extremely low emissions of sulfur dioxide, nitrogen oxides, mercury, and particulates. In contrast to the pulverized-coal technologies, the IGCC method uses less water, generates less solid waste, and can concentrate carbon dioxide emissions, making carbon dioxide easier to capture and store”.

Apparently, the STEAG plant in Villanueva is not among the IGCC power plants. Moreover, I have not heard of any claims from STEAG officers that they are in the process of “carbon dioxide capture and storage”, a system where the plant would find ways “to corral the carbon dioxide emitted by the coal industry, transport it, and ‘sequester’ it deep in the ocean, underground coal seams, or saline reservoirs”.

This process would drastically reduce the carbon emissions but would necessarily raise the cost of coal power. Thus, this leads us to the challenge posed by Task Force Macajalar Spokeperson, Bencyrus Ellorin.

After a long conversation with Banker-Economist, Sixto Roxas, they came up with the big challenge to the owner-operator of Coal-Fired Power Plant to secure the lives and limbs of the residents of the nearby places, including the environment by securing an insurance policy from a reputable insurance company like the Lloyds of London.

With such procurement of insurance policy, the community will be assured that STEAG is really looking at their welfare. Besides, STEAG has been boasting that it is spending Thirty Million Pesos in community development projects if only to appease the community that it is really taking care of them and the environment. With a reputable insurance company assessing future risk, people’s health and the ecology and thereafter, paying the premium, the community will lay assure that they are in good hands. Yet, I doubt if STEAG will readily stand up to the challenge.

Nevertheless, it is about time for our government especially those who kowtow with STEAG to start studying the taxing system for coal-fired power plants. Coal burning for energy generation imposes severe health and environmental costs that are not factored into the cost of producing electricity.

Government may well subsidize for such social costs. This had already been done in Norway and Sweden. The European Union, including Germany, is actually debating about the taxing system involving fossil-fuels, among them, coal.

STEAG State Power Inc. President Andreas Rubin may be partly right when he said, “We may not be able to change the world with this project but at least we can make a difference in the lives of the people who live near us”. But the change will surely be for the worse and the change in the world would be for the worsening of global warming.

The glaring fact remains that a coal-fired power plant can never be clean, safe and could hardly be efficient. It will only happen, according to Sierra, “when pigs fly”. In tagalog, “Pagputi ng uwak!”

WHISPERING HOPE

2006-12-28T15:27:00.000+08:00

Cheers of awe on fireworks displays seen on the boob tube all over the world and the deafening little dynamites of firecrackers in the neighborhood welcomed 2007. Almost a thousand people were injured during the merrymaking but no one died according to news reports. Despite the elaborate fireworks and the injuries sustained by many, the year-end celebrations seem to have become so trite, so ordinary and have turned into a mere respite for the grueling days to come.

Nonetheless, 2006 was a rather bleak year that so many of our countrymen continuously seek their luck abroad. In my own family, four out of seven siblings are now working in the U. S. and Canada with their families. Our Christmas had become virtually a “cyber” Christmas as we greeted each other either through telephone or the webcam. There no longer were warm embraces and kisses during “media noche”.

Yet, there appear more reasons to hope for this year than to wallow in helplessness. There are telltale signs of character changes forced by the issues and events that surround our people. Some groups are beginning to be emboldened in speaking for this country as they witnessed PGMA despicably breaching our sovereignty when she spirited out rape convict U.S. Marine Lance Corporal Daniel Smith from the Makati City Jail in the dead of the night without any court order.

The big storms are also over now. Typhoon Milenyo and Reming that snuffed the lives of many in Bicol Region have even strengthened many in facing natural calamities and we see them now rising from the rubbles.

We see the vast majority of people in destitution, financially struggling inch by inch into a more dignified living. The peso, getting stronger in value, may also be indicative of a rising economy.

The churches from different congregations and sects have been awakened, now taking the streets as their virtual pulpits to speak for truth and justice.

In our city, a new mayor will take his oath of office in July 2007. Our new mayor, whoever he may be, is expected to finish the two bridges in Puntod and in Carmen. Thus, we see an end to the endless traffic jams that we experienced during the Christmas season.

We will also have a new congressman who, I suppose, will be a lot better than the person who betrayed us and tried to desecrate our present Constitution. Tinnex will also end his governorship in Rotary District 3870 after he was adjudged by many to have flunked the well-established Four Way Test of Rotary International.

Incidentally, the Four Way Test was an ingenious tool in changing the characters of Americans during the Great Depression (1930s) other than the “Big Deal” of the late Pres. Theodore Roosevelt that led to its booming economy.

Should the opposition congressmen swell in numbers after the election, we will see the President being abdicated through impeachment. A new leadership may usher a new era of good governance.

But the darkness is not yet over. Political turmoil and the prospects of bloody, dirty and fraudulent elections still hover in the air. The tempest of the two-century old war in Muslim Mindanao and the guerilla warfare waged by the NPAs still bedevil our nation.

They say the darkest point of the night is immediately before the sunrise. In the dusk, there is a muffled voice of a whispering hope in our hearts that tells me our sorrows will be appeased and rejoicing will follow in the coming days.

In our little way, we need to take our own part in ensuring that a bright new day will come. We have to seriously assume the roles we have opted to take in life.

In the end, it is up to each of us. Let us not think too big a leap for this year. As the forwarded message of Atty. Oka Musni on New Year’s Eve goes:

“Sometimes, we put too much passion on the biggest dreams and priorities in life that we fail to love the smallest pleasure in simple things. We search so much for the right choices, for the right person (politician), for the right paths (P.I./Con-Ass/Con-Con) to walk through, for the right time, and for the right reasons. But life is not about searching for the things that can be found. It is about letting the unexpected happen and finding the things you never searched for.”

As we say goodbye to 2006, let the good things we experienced inspire us to a better 2007. I am wishing you a very prosperous, fruitful, successful, healthy, blessed, happy, fulfilling, satisfying, challenging New Year!

SUPER ULTRA MEGA NINCOMPOOP

2006-12-13T15:29:00.000+08:00

Intently following the proceedings in the Lower House of Congress on the desire of the majority Congressmen to push the Charter Change can be a cause for the upsurge of one’s blood pressure.

The minions of rabbit-eared Yoda-looking De Venecia mangled its own house rules by amending its various provisions thereby making it convenient for them to pass the proposal for a Constituent Assembly. According to Cong. Roilo Golez, the House Rules adopted for the approval of the proposal on constitutional revision has become a lot easier than the process in naming a street.

The rules had been so relaxed despite the fact that this involves changing the provisions of the fundamental law of the land. Apparently, the changes in the rules of the proceedings have been so designed in railroading the passing of the Resolution.

The majority represented by Speaker Joe De Venecia, Nograles, Lagman, Villafuerte and now our very own Congressman, Tinnex Jaraula, were found to have played so many tricks if only to attain their desired end.

However, they stumbled along the way as according to Minority Floor Leader Chiz Escudero “haste really makes waste”. In order to gag the mouths of the Opposition, all of their legitimate objections were brushed off by the Acting Chairman not realizing that millions of T.V. viewers were observing them until the wee hours.

Early dawn of Wednesday, our very own representative Tinnex Jaraula was found to have started reading a different resolution not even known to the Congressmen themselves. He had evidently vacated his very own proposal that was approved to be resolved or turned down, in utter derogation of the house rules.

Like the People’s Initiative, this process to convene the Constitutional Assembly (Con-Ass) for Charter Change (Cha-Cha) has become a grand deception of the Filipino people. One really wonders why the majority Congressmen are adamantly pushing the Cha-Cha through Con-Ass when SWS Survey has already showed that the great majority or 67% of our people have already voiced out that at present, they do not want any revision or amendment to our Constitution.

The rumors that this is done for three reasons is unfolding as a reality, namely: (1) in order to prevent the clamor for the Impeachment of PGMA, especially if opposition congressmen will win in the 2007 elections; (2) the Con-Ass is also designed to let the “graduating” congressmen continue their office; and (3) Finally, it is further designed for the President to perpetuate her reign in power beyond 2010.

What is disheartening is that the manner in which this Con-Ass is being brazenly manipulated by the majority Congressmen appears too gross or uncouth or in the words of Cong. Allan Peter Cayetano “napakagarapal”.

What makes it so shameful for us Cagayanons is that our very own Representative, Tinnex Jaraula, has become the major player in these manipulative and deceitful acts. He has unwittingly shown his true colors.

Proper observation of the acts of the majority Congressmen would show that they have made themselves a ship of fools who without yielding to reason would only want to please their matron PGMA. Have they virtually made themselves as the nincompoops in the lawmaking body, named by the late Teodoro Benigno, as the Cavern of Caligula?

How about our Congressman, Tinnex Jaraula, who has not even passed a single law in his eight-year stint in Congress? Has he now made himself as the Super Ultra Mega Nincompoop of them all in the desecration of our Constitution? Nong Tinnex, please don’t “CON-‘ASS’”!

GOOD MORNING VIETNAM!

2006-11-29T18:25:00.000+08:00

Two weeks ago, I was privileged to visit the booming city of Ho Chi Minh more popularly known as “Saigon”. I and a bosom friend, Atty. Oscar “Oka” Musni was invited by his brother, Nestor “Totoy” Musni to spend our birthdays there and to see and hear the sights and sounds of Saigon and the nearby places.

As we all know, Vietnam was a war torn country and was liberated from the repressive clutches of the United States in 1975. It is on its way to recovery, which beckons travelers to see it rising up from the rubbles. At present, it is rated as the second most peaceful and safe country in the world, next to Switzerland.

My journey started on the 13^th day of November from here to Manila. It did not seem to start quite right. Upon arrival in Manila, my eyeglasses broke and so, I had to hurriedly visit an eye clinic in Glorietta, Makati. As I was leaving a day after, the optometrist advised me to temporarily bring two new pairs of glasses, one for distance and the other for reading. So I arrived in Saigon with two sets of spectacles.

Since Oka went a day ahead of me in Saigon, he and Totoy met me at the airport in the afternoon of November 14. We had dinner at a deli that sells all types of ham for our baguette (french bread) sandwich. We also had fine Italian wine and spent the night laughing, joking and remembering the distant past when Totoy and I were in the Jesuit seminary. Totoy, by the way, is the only brother of Oka and they both treat me no less than a brother.

My birthday is on the 15^th of November. Oka and I woke up late and took our breakfast in the hotel nearby. Totoy had to work during daytime as a consultant of several big fishponds, so Oka and I were left to go around on our own. We decided to visit one of the famous market places, Bhen Tham Market and bought some cheap souvenirs. Thereafter, we went to the War Museum.

The war Museum exhibits thousands of photographs taken by more than hundreds of war photojournalists. Eighty-four of them died during the war. The grounds of the museum also featured various armaments, different types of tanks, big canons and huge artilleries with warheads that could reach a distance of thirty-two kilometers. The barrel itself of the largest artillery extends up to fifteen meters. Beside the big guns are war planes and choppers.

As I began to peer through the big war photographs, I cleaned up my eyeglasses (for distance) and it is so suddenly cracked. Without glasses, the pictures are just too blurry that I needed to wear my reading glasses and go so near the pictures that I want to see.

The good thing in wearing my reading glasses despite being too oddly near to what I’m looking at is that I see every detail of the pictures from one corner to another. Imagine me, hugging every big blown up picture tucked on the wall with my face about six inches away from what I’m looking at. It was like holding a magnifying glass and searching every significant part of the picture.

This went on all throughout the two buildings of the museum. And I felt a certain numbness deep inside as looking closely at the eyes of bewildered children or the scared face of a mother with her children wading through a deep river. I could almost smell the corpse of ordinary Vietnamese families in Mai lie. The bleeding flesh of the open wounds of soldier in the mud seemed to bring pain on me too. So suddenly, the pictures become so blurry again as my tears started to fall. The inhumanity that befell upon Vietcong as well as the Americans during the war was clearly made manifest in the pictures.

After seeing all the pictures, one could readily conclude that a war makes no sense at all except that it shows the cruelty of the beast inside a man. What a birthday treat that was!

Oka and I left the museum after taking photographs through our cell phones holding the shoulder of the bust of Ho Chi Minh.

Totoy, at about six o’clock in the afternoon waited for us in Highland Cafe at the back of a Big Opera House at the heart of the city. Highland Café is basically like our own Park Café where you can see all the motorcycles and other vehicles roving around in the middle of two streets. Despite the jarring sounds of motorcycles, the three of us managed to talk about petty things.

By the way, the population of Saigon is about seven million people while the motorcycles registered in its Transportation Office have reached a staggering number of three million. So, imagine the streets with so many motorcycles running in different directions while the cars, which are so few in number, try to find its way among the horde of motorbikes.

Totoy told me that he would spend for my big birthday dinner in Lions Beer Restaurant just a few minutes walk from Highland Café. We arrived there at about 7:30 P.M. Lions Beer Restaurant is so big, about the size of two Grand Caprice Restaurant, featuring a brewery inside.

As we sat down after being led by the waiter to our table, Totoy ordered for us dark beer at 1 liter per mug. The mug looks bigger than our ordinary pitcher. We had pig knuckles as our main dish. It tasted really good. Our conversation was so animated and the arguments on how to convert Dollars to Dong and Dong to Peso lasted till the wee hours until we decided to go back to our hotel.

JPEPA, ANOTHER GRAND DECEIT

2006-11-08T18:31:00.000+08:00

The Supreme Court, in its decision on the fraudulent People’s Initiative, has pronounced that it is an “agenda” of PGMA. Such agenda has deceived more than six million people who were duped into signing a document for Charter Change. And yet, soon after the decision was rendered, the issue on JPEPA emerged.

JPEPA stands for Japan-Philippine Economic Partnership Agreement. It is by far the dumbest agreement or treaty PGMA has entered into.

JPEPA allows the dumping of toxic waste of Japan to the Philippines. Simply put, our country will become the garbage pit of the dirtiest and most hazardous waste at no cost at all to Japan (zero tariff).

Worse, PGMA kept the agreement secret even to the Senate which is supposed to review any treaty entered into by our country with any other country. Sen. Pia Cayetano said, “I can’t see any reason why the government should continue keeping the public in the dark on our commitments a month after the pact’s signing.”

The reality is that Japan produces more than 400 million tons of industrial waste alone every year. In simple terms, that would be about 70,000 shiploads of garbage.

In fact, in 1999, according to World Health Organization, a Japanese Company shipped 6,000 tons of waste that included used diapers, stained sanitary napkins, disposable plastic syringes and surgical gloves to our country. The incident drew complaints and prompted Japan to take back the shipment.

PGMA’s compliant cabal in the Department of Trade and Industry justified the inclusion of the toxic waste in the agreement as a “come on” for Japan to sign the agreement which they figured may not be implemented due to its illegality as it is banned by existing national and international laws. However, Atty. Jeremy Gatdula, a specialist in trade services, dismissed such hogwash reasoning. He said, when JPEPA is ratified, it could override the bans.

When interviewed on ABS-CBN News Channel (ANC), Dr. Rene Opreneo, Executive Director of Fair Trade Alliance, disclosed that JPEPA as a whole will not even substantially benefit our country. It will tie our hands in dealing with other countries due to some provisions on exclusivity.

PGMA might not have realized that the dumping of hazardous and toxic waste into our communities will endanger public health and the integrity of our ecology. Even the DENR confirmed that our environment will suffer as a consequence of the flawed agreement. But has PGMA really cared?

Now, we are facing the embarrassment of preparing amendments to JPEPA as it shows the prospects of really hurting public health and our environment.

A story had been told that a species from planet Mars recently landed in Japan. He then visited a blighted area in the Philippines. He learned that 50 years ago, we were at war with Japan. The Mars “man” had only one conclusion: “That Japan won the war!”

Such a pathetic story is not far from reality. We have truly become a country of losers due to the acts of an erstwhile economist president whose dumb decisions have placed our nation in utter disarray.

DODONG QUIJADA

2006-11-01T18:33:00.000+08:00

Last Friday night, after attending a birthday bash of my “binata” in Nazareth, I brought an old friend, Atty. Frank Vasig, to Dos Compadres Piano Bar in Pryce Plaza. Atty. Frank Vasig went down to Cagayan de Oro from Bukidnon to attend a two-day Mandatory Continuing Legal Education (MCLE) to update himself on the new laws and decisions handed down by the Supreme Court.

Upon arrival at Dos Compadres, I saw the stage rather empty except for the organ player cum singer Dodong Quijada and a lady crooner singing familiar songs. I was a bit nostalgic as Pryce plaza was once my habitué every Saturday night in the past years listening to the Rock Beats, a band composed of not so-young yuppies singing the old tunes. Rock Beats had disbanded, I was told.

Dodong Quijada, who was once a low profile Rock Beats keyboard player, surprised us with his repertoire and held us in admiration of his songs until the wee hours. He performed with an enormous amount of talent blowing our heads off. Intently listening to him led me to question why he is still around while his talent could be sold anywhere else in the world.

So, before leaving, I talked to him for a while and he told me of all his travels around Asia. He was in Japan, Malaysia, Singapore, Thailand and even Brunei. He has performed in almost all types of five star hotels like Hilton, Shangrila and Intercon. Yet, Dodong opted to be around and decided to stay despite the minimal fees he received.

Dodong’s option to stick around is quite ironical in the backdrop of our political milieu. The recent Supreme Court decision that showed the grand deceit perpetrated by PGMA could have given him a signal that the incoming years will not be well at all. This matter however did not bother Dodong at all.

The last week’s conundrum on the decision involving the alleged people’s initiative filed by the Sigaw ng Bayan and the Union of Local Authorities of the Philippines (ULAP) does not seem to have taken a toll on Dodong. He just keeps on singing and probably continues to believe that our government will do well because of the vigilance of many. Such vigilance was made manifest by the eight justices of the Supreme Court who held on to their principles in protecting the Constitution.

Justice Carpio who named ULAP and Sigaw ng Bayan the “Lambino Group” concluded the decision with these stinging words against PGMA:

No amount of signatures, not even the 6,327,952 million signatures gathered by the Lambino Group, can change our Constitution contrary to the specific modes that the people, in their sovereign capacity, prescribed when they ratified the Constitution. The alternative is an extra-constitutional change, which means SUBVERTING THE PEOPLE’S SOVEREIGN WILL AND DISCARDING THE CONSTITUTION.

Incantations of “people’s voice,” “people’s sovereign will,” or “let the people decide” cannot override the specific modes of changing the Constitution as prescribed in the Constitution itself. Otherwise, the Constitution – the people’s fundamental covenant that provides enduring stability to our society – becomes easily susceptible to manipulative changes by POLITICAL GROUPS GATHERING SIGNATURES THROUGH FALSE PROMISES. Then, the Constitution ceases to be the bedrock of the nation’s stability.

The Lambino Group claims that their initiative is the “people’s voice.” However, the Lambino Group unabashedly states in ULAP Resolution No. 2006-02, in the verification of their petition with the COMELEC, that “ULAP maintains its UNQUALIFIED SUPPORT TO THE AGENDA OF HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO FOR CONSTITUTIONAL REFORMS.” The Lambino Group thus admits that their “people’s” initiative is an “UNQUALIFIED SUPPORT TO THE AGENDA” OF THE INCUMBENT PRESIDENT to change the Constitution. This forewarns the Court to be wary of incantations of “people’s voice” or “sovereign will” in the present initiative.

This court cannot betray its primordial duty to defend and protect the Constitution. The Constitution, which embodies the people’s sovereign will, is the bible of this Court. THIS COURT EXISTS TO DEFEND AND PROTECT THE CONSTITUTION. To allow this constitutionally infirm initiative, propelled by DECEPTIVELY GATHERED SIGNATURES, to alter basic principles in the Constitution is to allow a DESECRATION OF THE CONSTITUTION. To allow such alteration and desecration is to lose this COURT’S RAISON D’ETRE.

The manipulative iron fists of PGMA who tried to use or abuse more than six million people have been temporarily curtailed. Yet, soon after the decision was rendered, the puppets of PGMA in Congress have again voiced out their insistence to alter or revise the Constitution for their selfish ends through Constituent Assembly (ConAss).

The deception goes on. But Dodong Quijada, in his resiliency to all these political hullabaloos, will not be moved. He knows as he keeps on singing and tries his best here in our midst; some people will be around to subvert all the maladies that have been wrought to our nation. People like Dodong give us reason to fight for a better country.

TO THE APOLITICAL INTELLECTUAL

2006-10-25T18:39:00.000+08:00

For three weeks, I was not able to write in my column due to an enormous amount of load in my law office. Deadlines have reached up to my nose and even a little ripple would drown me.

The other reason why I temporarily quit writing is that I had this discussion with my only daughter Batin on the topics I write about. She wanted me to write about anything that would not be linked to politics. For a while, I considered her suggestion. It might be good sometimes to review some good books or write about children or anything about our environment.

However, I remembered the poem tacked on a board in the publication room of the Crusaders in Xavier University in the mid 70’s entitled “To The Apolitical Intellectual”. In those days, about thirty years ago, I have so decided not to become an apolitical intellectual. Such commitment has sunk deep and has subconsciously been with me until now.

The poem was written by a Guatemalan poet and a revolutionary named Otto Rene Castillo which goes:

TO THE APOLITICAL INTELLECTUAL


One day
The apolitical
Intellectuals
Of my country
Will be interrogated
By the simplest
Of our People.
They will be asked
What they did
When their nation died out
Slowly,
Like a sweet fire,
Small and alone.
No one will ask them
-About their dress
Their long siestas after lunch
No one will want to know
About their sterile combats
With "the idea
Of the nothing"
No one will care about
Their higher financial learning.
They won't be questioned
On Greek mythology
Or regarding their self-disgust,
When someone within them
Begins to die
The coward's death.
They'll be asked nothing
About their absurd
justifications
Born in the shadow
Of the total lie.
On that day
The simple men will come.
Those who had no place
In the books and poems
Of the apolitical intellectuals,
But daily delivered
Their bread and milk
Their tortillas and eggs,
Those who mended their clothes,
Those who drove their cars,
Who cared for their dogs
and gardens
And worked for them,
And they'll ask:
“What did you do when the poor
Suffered, when tenderness
And life
Burned out in them?"

In his lifetime, Otto Rene Castillo wrote two volumes of work entitled Poema Tecun Uman and Vamonos Patria a Caminar. A year before his death, he returned to Guatemala and joined the guerrilla struggle with the Rebel Armed Forces (RAF). He was captured by the government forces, interrogated, tortured and finally killed or immolated.

Now, will I write anything apolitical or should I take sides on what I believe is right? Should I condemn corruption and embrace the ideals of good governance? Should I fight to alleviate the plight of the poor instead of praising the wily business stratagems of the rich? Should I continue crucifying the corrupt leaders and seek glory for our country through the emerging genre of young leaders through my pen?

To my daughter Batin, I am so sorry. I can never be an apolitical intellectual. Your banters will always have political color.

OCON’S PERSONA NON GRATA

2006-10-03T18:45:00.000+08:00

From wherever Zaldy Ocon took the idea of proposing a resolution to declare Mayor Dongkoy as a “persona non grata” deserves a second look. It is apparently a new concept as a person to be declared as “persona non grata” is not supposed to come from his own place but one who is unacceptable or unwelcome in another country or community, such as a diplomat.

In the case of our mayor, he is part of the community and may not be declared an “unwelcome or an unacceptable” person. For this reason the Laws and Rules Committee of the City Council headed by Cabanlas outrightly struck down the proposed resolution.

However, the logic of Ocon appears different, if not enigmatic. He believes the mayor has betrayed the trust and confidence of his people, ergo, he has become unacceptable or in Latin, “non grata”.

How may that have happened is not at all mind-boggling. In the last two local elections, Dongkoy was accepted and loved by the so-called “masa”. More than a hundred thousand voters brought him to the highest seat of power in the city. He enjoyed the accolades of being the most powerful politician in Cagayan de Oro and even the entire Misamis Oriental. Even the President wooed him. He, in turn, accepted her with open arms saying “ako’y iyong-iyo.” How sweet!

Now, in the eyes of Ocon, Mayor Dongkoy, whom Ocon sees to be indulging in insatiable corruption, has abused his power. Day in and day out, Ocon broadcasts how the city coffers have been drained due to hundreds of million of loans applied to overpriced infrastructures such as the Bulua Market and the roads and bridges in Taguanao and Macasandig. He condemned the mayor for the non-payment of GSIS dues already paid by the lowly city hall employees. He blames the mayor for the reprehensible payment of cross-subsidy by the city hall to UKC Builders for the operation of Cogon Market. He held Dongkoy accountable for violation of human rights against children whom he ordered to march and branded as criminals without due process of law.

In the management of city hall’s internal affairs, Ocon calls the mayor irresponsible as he defies the Constitutional Mandate on transparency and right to information when he ordered not to release any public documents to those interested in securing them. He derided Dongkoy as a “second rate, good for nothing copy-cat” of GMA for issuing a gag order to the Department Heads ordering them not to appear in the inquiry of the City Council.

Ocon has virtually outlined all the strings of Dongkoy’s irregularities, ad infinitum.

But what does Ocon want to achieve in this uphill battle in the council? He knows that the other Kagawads will always kowtow with the mayor in exchange for some favors.

To my mind, what Ocon cannot achieve in the city council, he wants to present in the altar of public opinion. He felt compelled to draw a line through broadcast media between lousy governance as against responsible leadership.

Ocon wishes to deepen the animosities between the wayward ways of Dongkoy and those who desire a more responsible, transparent and accountable local government. He wants us to take sides and calls on us to make a firm stand on matters of principles. Thus, it behooves us to examine carefully and make a fine distinction between getting fame through power as against being conferred with real honor. He is presenting to us the difference between misguided adulation of a person as against sincere respect.

This hard-hitting, lambasting and “no holds barred” announcer who quotes the bible after calling our local leaders with unchristian names has touched a raw nerve even as he naively or erroneously introduced the concept of “persona non grata.” Way to go Zaldy!

OF FATHERS AND DAUGHTERS & OF MOTHERS AND SONS

2006-09-27T20:44:00.000+08:00

While talking about our children two nights ago, a bosom friend and a brother in the legal profession bragged about a letter sent to him by his kids contained in a torn bond paper. The letter, almost crumbling, goes:

Dear Tatay,

In a world of imperfect relationships between fathers and sons, mothers and daughters, the ties that bind slowly diminish into nothing but mere wisps of respect and tradition.

But under your watchful eyes, we, your daughters, have grown with strength and power within. Through your watchful guidance, we have been ushered into adulthood, armed with wisdom, intellect and grace. With your loving arms, we learned to hold on to each other for support, love each other, and protect each other from harm.

With this simple gift, we thank you. We know that whatever happens, we will always come out stronger and unscathed, because we have you.

One day, we will raise our children wonderfully and lovingly. . . like what you did for us.

I know. Because I have my tatay’s eyes. We love you.

Yr, Koki, Dingkay

Such a heartwarming letter reminds me of my own father who passed away 18 years ago. Wherever he is right now, I believe he still watches over me, wanting me to be strong, to be wise and to be graceful in whatever I do.

Yet, from wherever he is right now, I am sure he also has much regret and disappointment that our country’s leaders, whom we regard as our fathers or mothers, have not become what they needed to be.

Our nation has become a house divided where most of the children wish to be away from home and find their own destiny in either a very cold or very hot far away place.

I once felt so confused that in our family, a brother once left when we were young and made “layas”, perhaps feeling aggrieved and discontented of being in the house. Soon after, he returned and found our home warmer than the places he went to.

By the looks of it, the mother of this country will soon become a tyrant, not with a loving heart of a mother, but that of an iron-fisted woman who would readily crush those who wish to defy her mandates. She has reached an all time record of butchering more than 800 young activists since she sat down as President. She has began to round off her political nemesis like Peewee Trinidad and Jejomar Binay. She is now surrounded not by her loving, idealistic children but by corrupt, haggard-looking “trapos” wanting to share the bounty from the ill-gotten wealth she has amassed.

Our very own father in this community has also not done his part in arming his children with wisdom, intellect or grace. There is no visible sign that we will have better public schools for those in their tender years, new hospitals for the sick or venues of culture detached from the lures of the sluts of Wowowee. Our respect for him is continuously eroding.

Branding our father in this city as a thief and a cheat everyday over the radio by his very own sons has become so natural that almost everyone has started to believe in it. Instead of being an example to his children, he has become an island of his own, without the slightest concern over what may happen to all of us. By and large, his children have declared him a PERSONA NON GRATA.

One day, we will dispel from our memories a father of our city who never showed any gift of kindness. In contrast, we will always treasure the fatherhood of the late Justiniano R. Borja who never faltered in caring for all of us during his stint in office.

In the national scene, because we feel being treated like dogs, we might one day, instead of barking in the streets, bite our own bitch and relegate her to oblivion.

MO-CHACHA KA BA O MO-TANGO?

2006-09-14T20:50:00.000+08:00

After the impeachment complaints were hurriedly snuffed in the Lower House of Congress, the discussion on the proposed CHA-CHA has become more intense. The issue may be simply reduced to a question on whether or not we would like to have an authentic revision of our Constitution or we follow the administration’s version through Sigaw ng Bayan’s People’s Initiative or through a Constituent Assembly (Con-Ass) in Congress dominated by GMA’s compliant cabal. Simply stated and in the vernacular, MO-CHACHA KA BA UG TIUNAY? O MO-TANGO KA DUYOG NI GMA?

In our city, we hear the stand of the opposing forces becoming quite audible. While we have seen our very own mayor campaigning for signatures for the People’s Initiative (which I consider as a downright manifestation of boot-licking of GMA), we see some sectors, mostly from the businessmen, giving us alternatives. The group of Joe Nebrao, Engaged Citizens of Cagayan de Oro (ENGAGED), joined hands with One Voice in condemning the “railroading” of the passing of Resolution HR - 1230 in the Lower House.

Quite interesting is the speech of then Chairman of the Commission on Elections (COMELEC) Christian Monsod of One Voice when he came over to our city last week. He has laid bare the various scenarios if we support the People’s Initiative, spearheaded by Sigaw ng Bayan, or the version submitted by the Committee on Constitutional Amendments to the House headed by our very own Cong. Tinnex Jaraula.

While listening to Christian Monsod, who looked old but still in his fighting form, one could sense that he treated this issue with intense fragility as it may one day spell our country’s prosperity or debacle. He revealed that the situation is almost akin to the early 70’s which ended up in the dictatorship of Marcos for fourteen long dark years.

The desire of GMA for a charter change appears more for her self interest than for the people. Christian Monsod said, “Con-Ass is a quick preemptive strike for charter change with the same objective as People’s Initiative – a shift to parliamentary unicameral plus a powerful Interim Parliament. Once constituted, the Interim Parliament can do anything, including changing the transitory provisions itself. It will have plenary powers without having to deal with a Senate. The real issue of charter change then is about power and about a creeping authoritarianism.”

Ultimately, this issue may end up being thrown back to us, the common people, through a plebiscite. But then it might be too late. According to Monsod, when this contentious issue reaches the plebiscite stage, GMA could easily manipulate the results in cahoots with the local government, the military and the COMELEC as she did during the 2004 Presidential Elections.

The manipulation has already started. GMA herded more than 2000 third termer councilors over the weekend in Cebu City to taste a bit of brainwashing as she campaigned for “No to 2007 Elections (No-El)” and towards a parliamentary system.

The clamor for charter change in order to have a more responsive government for the needed economic and social reforms in our country is so imminent and no doubt, will inevitably come. However, if we take a longer road through a Constitutional Convention, we might have a more credible way of achieving what we aspire for – a transparent, accountable and responsive governance. But if we dance to the tune of GMA through Sigaw ng Bayan and the Contituent Assembly, we might end up with a charade called “TANGO CRIMINAL”and a government that undermines our freedom while the minions of GMA enrich themselves at our expense.

THEY TOO HAVE SOULS

2006-09-07T21:07:00.000+08:00

I have always been so amused by jokes about or against lawyers, portraying them to be merely made of flesh and probably may even be heartless. One tale goes this way:

A woman died. And in the pearly gates of heaven, she was welcomed by St. Peter, the gatekeeper. While she was glad to be accepted in heaven, she inquired if her husband was in heaven too. St. Peter told her to go through the list of those who had been already admitted. The old woman meticulously looked at the list but after a while, she was sad that her husband’s name was not there. So, St. Peter told her to go to the gates of hell, and there she went.

Upon meeting Satan, she asked the same question and was referred to the list of those who were already in hell. Upon scrutinizing the list one by one, she also did not find her husband’s name and she was glad concluding that her husband must be in Purgatory and will soon be with her in heaven. Dropping by Purgatory, she again talked to the one in charge and was shown the list. She was so surprised that again, her husband’s name was not there despite the fact that she was the one who buried him. She went back to St. Peter and told him her problem.

Even St. Peter was confused. But then he asked her, “what was your husband’s work before?” The woman replied, “oh, my husband was a lawyer.” With a glint in his eyes, St. Peter said, “ah, you did not tell me in advance, lawyers have no souls!”

Lawyers have no souls! That may be the reason why they can do almost anything evil. They are reputed to be liars and cheats. They allegedly circumvent the law if only to protect their client’s case, right or wrong.

Such view, however, is quite myopic. Branding lawyers to be evil doers seems misplaced, if not, downright wrong.

In the recent past, there were several lawyers close to me here in Cagayan de Oro who have gone back to their Creator. In fact, in my stint as President of the IBP starting from April 2001 to February 2003, twenty-one (21) lawyers died, among them, the venerable Judge Rolando R. Villaraza, Judge Benedicto U. Hallazgo, Judge Admiral P. Labis, Fiscal Francisco Rabanes and Atty. Eudoxio Along.

Most of them were my teachers whom I deeply respect in Xavier University College of Law. I believe they have dutifully followed their oath to uphold the rule of law and not to delay any man’s cause for money or malice. I know they were quite frugal while living and did not die in affluence.

Lately, several lawyers whom I also know by heart have also died, among them, Atty. Santos Tubelleja, Judge Roque Edmilao, Judge Puro Velez, Fiscal Felicisimo Khu, Judge Rolando S. Venadas, Sr., Atty. Jacob F. Montesa and Judge Anthony E. Santos. I learned the ropes of lawyering, so to speak, through these legal advocates and they have passed away almost unnoticed.

Quite interesting is the life of Judge Rolando Venadas, Sr. who became endeared to me when he was appointed as the Presiding Judge of the Regional Trial Court, Branch 9 of Malaybalay City.

I was told he was among the topnotchers in the Bar Examination in 1964 and his stint as a practicing lawyer was so colorful until it faded. He also became a Professor in the College of Law of Xavier University, his very own Alma Mater. I saw in him a very caring and generous father not only to his own family but to all the young lawyers who appeared before his court.

In our legal system, most litigants who lose their cases either blame the lawyer or the judge. No matter how fair the judgment is, the judge, as well as the counsel, often catch their ire.

It cannot really be denied that there are lawyers who play tricks in court and judges who may be considered “hoodlums in robes”. More often than not, they are caught and are sanctioned, if not disbarred, by the disciplining arm of the Supreme Court.

By and large, lawyers, as well as judges, are human beings who advocate not for themselves but for others. They literally take the cudgels for a person whose rights have been violated. After a while, like in my case where I have been practicing for more than fifteen years now, I see my profession as one cutting deep into the heart of conflicts. In doing so, I also feel the pain and anxiety of those whom I represent.

Lawyers then see the basic humanity in clients. They see hatred running in the veins of litigants. They see forgiveness in the hearts of some. They see all types of characters in this drama of life. Most of all, lawyers assume the personality of those crying out for justice as they speak for them.

In doing so, lawyers become so human and find divinity along the way which makes me conclude that those who passed away, numbering forty-two since 2001, definitely have souls. Though some of them might be answering for the inequities they have committed, most of them are certainly celebrating the glory of being upright here on earth.

So, a few hundreds of the more than 6,000 law graduates taking the bar examinations starting last Sunday until September 24 will soon become lawyers. As they take the exams, they pray and make a promise to God, whoever they conceive Him to be, that they will do justice for all when they one day bury their minds and hearts into the realm of the legal profession.

CAVERN OF CALIGULA

2006-08-24T21:19:00.000+08:00

While watching the Impeachment proceedings during the deliberation of the Justice Committee of Congress last week in the Plenary Hall of the Batasan, I remembered the speech delivered by a visiting Toastmaster, Abby Llera from Cagayan de Oro Toastmasters Club which quoted beautiful phrases written by the late Teddy Benigno.

Abby Llera mentioned several phrases from the late Teddy Benigno. In one phrase, the eloquent writer described Congress as a CAVERN OF CALIGULA where congressmen have PERVERSIONS OF MAGGOTS.

Gaius Julius Caesar Augustus Germanicus, also known as Caligula, became a Roman Emperor between AD 37 to 41 and is remembered for his wanton hedonism, cruelty, tyranny and insanity. He would take pleasure in having his enemies tortured in the chamber by lengthening their suffering and pain.

True enough, listening to the arguments of the old, haggard-looking politicians who were noticeably all wearing coat and tie, among them, Majority Floor Leader, Congressman Prospero Nograles, pitted against the young and idealistic minority representatives wearing barongs, one could decipher how the Congressmen from the majority have become. They are no more than perversed maggots inside a hideous cavern.

As described in the column of Randy David last Sunday, what he saw in Congress was a “sorry spectacle of old men embarrassing themselves in front of their much younger colleagues by their assiduous sophistry and utter disregard of ideals”.

The old politicians were probably not just embarrassed but felt in themselves that they have assumed PERVERSIONS OF MAGGOTS who would feast in the flesh of the PORK given to them instead of fighting for the truth which they swore to do.

Deep inside however, I yearned for anyone from the majority to come out and speak for what is true and just. No one ever came out principled enough to defy GMA who may be likened to a female Caligula.

Like Caligula who tried to appoint his stallion, Incitatus, in the Senate or as a Consul, so many of our appointees in the Cabinet now are not even qualified to hold their respective offices. Just like Caligula, she lengthened the list of those executed by her BERDUGOS, including those six (6) persons who signed the Impeachment Complaint enumerated by the dashing Chiz Escudero during the committee hearing.

Beautiful phrases sometimes depict the truth of our present situation which have been likened to the olden times.

There is one phrase that I always keep with me which made the entire US Congress stand in ovation during the speech of Corazon Aquino after swearing in as President of our Republic. Cory described the cronies, puppets and minions of Marcos as a COMPLIANT CABAL OF CALLOUSED COLLABORATORS. Such phrase still appears appropriate today.

Our present Congress became a compliant cabal when they collaborated with the administration not through reasons and principles but through their numbers when they killed the Impeachment. The military became calloused collaborators in compliance with the mandate of PGMA to snuff the lives and break the spirits of our young men fighting for their ideals. The same goes with our local government officials who kowtow with the President.

Our country has pitifully gone to the barbarians as we have become mere spectators in this CAVERN OF CALIGULA.

CARRYING CAPACITY

2006-08-15T21:11:00.000+08:00

Today, I signed an online petition against Petron Corporation which simply states the following:

“Last August 11, 2006, Solar I, a tanker chartered by Petron to transport 2 million liters of oil sank somewhere in Guimaras Straight.

The resulting oil spill affected 200 kilometers of shoreline, damaging more than 1000 hectares of mangroves in the area, and damaging seaweed plantations, coral reefs, marine reserves and rich fishing grounds. The area is known to be home to the dugong and at least 2 of the 5 turtles found in the Philippines. This incident endangered the life and livelihood of over 10,000 people in the island.

Petron is legally and morally liable for the oil spill in Guimaras. Let us unite and demand that Petron answer this tragedy and be held accountable for the loss of natural resources and livelihood of the people of the island.

Boycott Petron products until they have fulfilled their moral and legal obligations to all those affected by this tragedy. Let us also lobby for stringent laws to regulate the transport of oil and all hazardous substance in our oceans.

Sign your name and be counted.”

An hour after I signed, 100 more signed the online petition and I believe, the number will bloat out up to more than ten thousand at the end of the week.

It is really disgusting to see on TV that the spill of about 2 million liters and now creating a slick of about 50 kilometers in length and 16 sq. km. in area is being treated lightly by our government.

Last Sunday, the estimated 15 percent of oil that was spilled out from the tanker had already affected Guimaras Island’s ecosystem – 66 km of sea, 220 km of coastline, 1,143 hectares of national marine reserves and 454 hectares of mangroves. It appears that our government has no carrying capacity to address such a national disaster. All PGMA could do is order DOJ to conduct an investigation without having a concrete plan on how to address such magnitude of environmental destruction.

It is so pathetic that the persons helping in the clean up are merely using rugs or shovels to clean up the damaged shorelines affected by the spills.

In other countries, the culprits are outrightly made accountable while at the same time, resources are mobilized in order to contain the damage unlike what is happening now where people are hired at less than the daily wage using their bare hands.

Big oil spills such as ours, mechanical clean-ups such as using various types of booms and skimmers should be resorted to.

In the shorelines, vacuum trucks and other equipment may be used to retrieve the spilled oil. In beaches and resorts, high pressured hoses may be used to disperse the oil until the floating oil are gathered and trapped by several absorbent booms and then removed.

The oils that have sank deep in the sea may be tilled by backhoes and other equipment to expose the oils. The remaining oil may be treated through the so-called geo-remediation effort where beaches are fertilized to promote growth of bacteria that eat hydrocarbons.

To date, the more effective solutions, while I believe are already known to our government, are yet to find its way.

Moreover, Petron, which is substantially owned by the government, has only promised to help but has not moved it fingers. It has not shelled out any amount if only to minimize the destruction.

Exxon for instance, when its tanker Exxon Valdez ran aground and spilled about 11 million barrels of crude oil, spent about $2.1 billion and placed about 10,000 workers, 1,000 boats and 100 aircrafts which became the “army, navy and air force” of Exxon that carried out the clean up.

Surely, our government and Petron have yet to appease us on the pathetic way they have treated this malady. The responses they have made make one feel helpless in the protection of the delicate balance of nature in our country.

Should you feel like actively participating in the protest against petron, please visit, http://www.petitiononline.com/guimaras/petition.html.