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

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?

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

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

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!

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)

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

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

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

TRUE SERVICE

“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)

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

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)

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.