Supreme Court: We're not anti-P-Noy

By Edu Punay (The Philippine Star) Updated December 29, 2010 12:00 AM Comments (247) MANILA, Philippines - The Supreme Court (SC) yesterday denied allegations of President Aquino that it was singling out his administration in several rulings that purportedly put legal obstacles to his reform program. SC spokesman Jose Midas Marquez said the SC is applying the law fairly and equally to all the Court is not, and will not, single out anyone. Marquez stressed that the decision of the High Court, which nullified Executive Order 1 that created the Truth Commission, in fact showed the judiciarys support for the reform program of the new administration if only it were correctly understood. The SC has declared EO 1 as unconstitutional, pointing out the presidential order that created the Truth Commission that would supposedly investigate anomalies of the previous administration had violated the equal protection clause. Marquez reminded Aquino and other critics to read a key portion of the ruling penned by Associate Justice Jose Mendoza, which states, the search for the truth must be within constitutional bounds. On the sidelines of the budget signing last Monday, the President admitted that he considered the judiciary as the biggest challenge his administration faced in its fight against corruption. Aquino cited the legal setbacks his government had suffered in the judiciary, among them the junking of the Truth Commission, the looming approval of the plea bargain of former Armed Forces comptroller Carlos Garcia and the one percent conviction rate in drug cases. Aquino lamented the judiciary has so far been the greatest difficulty of his administration. Lawmakers, on the other hand, warned Aquino to go slow in hitting the SC. Crossing party lines, administration and opposition lawmakers said Aquino should not undermine the SC, being a co-equal and independent branch of government. Senate President Juan Ponce Enrile said the executive and the judiciary should maintain a degree of cordiality despite their obvious rifts concerning the recent developments at the SC. The government of the country is like a machine. All parts must work together to make it function efficiently so you must allow the principles underlying the Constitution to operate separation of power, check and balances, coordination, he said. Enrile noted the potential clash worsened when the SC decried the reduction of their budget for 2011, with Congress affirming the budget cut despite threats of protests from the judiciary. Sen. Joker Arroyo also advised Aquino not to deal with the SC head on over its recent decisions. Arroyo said Aquino should have been more statesmanlike rather that reacting point by point on the SC decisions, particularly over EO 1. Why? For the simple reason that the President, like the father of the family, has the duty to unify, not to divide the country, even when sectors disagree over an issue, Arroyo said. Davao City Rep. Karlo Alexei Nograles also stressed the importance of mutual respect between the three branches of government. Nograles pointed out the SC is composed of 15 justices acting with different and independent opinions. They dont act motu propio (on their own initiative) unless a legal question is brought before them and they will decide based on the law and jurisprudence, Nograles said. Although Aquino had every right to express his personal opinion over some issues, Nograles said such statements are also being weighed. You know each President has his or her own style of running the government. We all know that he (Aquino) is very comfortable in airing his opinions thats his style and Im not one to lecture him on what he should do, Nograles said. In making decisions, Enrile said people sometimes find it difficult to separate their feelings or emotions and points of view. But Im talking of myself, as much as I can, I try to temper my emotional condition when Im confronted with a problem that involves the interest of the country, Enrile said. Zambales Rep. Milagros Magsaysay, for her part, said Aquino should learn as President to eat humble pie and realize that there is a separation of powers in government under the Constitution where the judiciary is protected from the executive. She said the attacks against the SC over the issue had been unfair. Magsaysay added the justices have never said anything except hand down their decisions based on what was presented to them. These rulings are not the fault of the SC. Its like garbage in, garbage out. If his lawyers did their legwork, their homework, and their spadework, and everything in between and presented their case well, I think the outcome could have been different, she said.

The opposition lawmaker said it would be better for Aquino to overhaul his legal team and replace them with good ones and those with experience and wisdom. With Paolo Romero, Christina Mendez

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DOJ chief may lead delegation in Hong Kong hostage probe

By Edu Punay (The Philippine Star) Updated December 29, 2010 12:00 AM Comments (9) MANILA, Philippines - Malacaang is considering designating Justice Secretary Leila de Lima to head the delegation that would attend the investigation by Hong Kong authorities of the Aug. 23 hostage-taking incident at the Rizal Park in Manila where eight Hong Kong tourists and the hostage-taker were killed after a botched police rescue operation. De Lima said that Executive Secretary Paquito Ochoa Jr. told her she was being considered to join witnesses invited by Hong Kong police for their inquest proceedings before the coroner. Its the Presidents decision whether to send me or not, she said. Hong Kong authorities have invited De Lima and 115 others to Hong Kong to act as witnesses in the probe. But in a memorandum sent to the Palace at noon yesterday, De Lima advised the President to first seek clarification from the Hong Kong government as to the extent and scope of their investigation and make sure the witnesses would not be prosecuted. De Lima, who headed the incident investigation and review committee (IIRC) that looked into the hostage incident, said it is important to know if the proceedings would fall under the mutual legal assistance treaty (MLAT) of the two governments. We dont know if the criminal proceedings our witnesses have been invited to may lead to prosecution. There was already an initial assurance that the witnesses would not be prosecuted, but we want official confirmation on that, she explained. De Lima also told the President that the number of witnesses to be sent should be limited and only those whose testimonies would be necessary should go, considering that Hong Kong authorities are interested only in establishing the cause of and circumstances surrounding the death of the eight victims. She could not yet estimate how many witnesses would be needed until the government receives clarification from Hong Kong. De Lima, however, stressed that if it would be established that the MLAT would apply, the witnesses could refuse to cooperate. If MLAT will apply, we cant compel the witnesses to go since they have the option to refuse under that agreement. The government can just assist in sending summons and assisting their arrangements with the Hong Kong government that should also shoulder the expenses, she explained. De Lima assured the Hong Kong officials that the government would cooperate provided that our sovereignty and rights of witnesses are protected. She said she sees no hindrance on the issue of sovereignty.

> More Headlines Supreme Court: We're not anti-P-Noy 1,000 firecracker injuries seen House can live with budget veto YEARENDER: House bounces back from failures Fewer Pinoys hired abroad in 2010 - POEA 'Renewed confidence in Phl improves employment rate' Rebel soldiers applying for amnesty not required to recant allegations Communist leader surrenders to AFP DOST developing low-cost water filtration technology Navy planning to acquire seven vessels next year

 Rizal's execution: Little known facts Bill banning armed bodyguards at Batasan backed Yearender: 2010 a year of reforms, satisfactory services for DOLE DND removes privileges extended to spouses of senior officers 'No more typhoon until yearend' Senate's Economic Planning Office seeks review of NFA functions Comelec employees disappointed over non-release of bonuses Headlines archives RELATED ARTICLES Binay off to China, Hong Kong when Noynoy returns | Sep 24, 2010 Romulo to lead RP delegation to ASEM | Oct 02, 2010 Hong Kong's Tsang disappointed over government's hostage probe | Nov 14, 2010 'No need to send 116 to Hong Kong probe' | Dec 28, 2010 Hong Kong court to hold inquest on Manila bus hostage | Dec 02, 2010 FACEBOOK RECENT ACTIVITY FACEBOOK RECOMMENDATIONS DISCLAIMER: Views expressed in this section are those of the readers and do not necessarily reflect the editorial position of philstar.com or any of its sister publications. Philstar.com does not knowingly publish false information and may not be held liable for the views of readers exercising their right to free expression.

Lesson from Kiti Bangkok

CTALK By Cito Beltran (The Philippine Star) Updated December 29, 2010 12:00 AM Comments (3) While visiting the Bangkok Safari Park, I decided to conduct a walking interview with our tour guide Kiti about his life as a tour guide and the industry he works in. The first thing that struck everyone in our group was that Kiti, and our other guide Olive may be Thais, but they knew enough Tagalog and the daily life of Pinoys to impress you. They regularly made references and comparisons between Thai locations and places in Metro Manila. They knew of 168, Divisoria, Baguio and the fact that many Koreans have now relocated to Baguio to study English. Even more amazing is the fact that while Kiti was talking about some police corruption in Bangkok he effortlessly used the term Kotong. When it came to talking about Thailand and the Philippines Kiti knows his comparative history as well. He knew that 30 years ago, Thailand lagged behind the Philippines. He also emphasized that the Philippines has more tourism related resources than Thailand has. The only difference was that the Thai Government decided to use and develop those resources to the MAX and we did not. With the same logic of a university professor, Kiti the tour guide emphasized that before tourism became a national priority, their primary source of income was agriculture based. Today, that decision to shift priorities has resulted in creating many other industries, investments, and benefits to the people of Thailand. Rather than derail agriculture and displace farmers, the ever-increasing demand for a wide variety of food from tourist and the industry created more consumers and income for farm owners. The influx of tourists has made millions of people from hundreds of western and Asian countries a better understanding of Thailand and has given the country a wide exposure to foreign entrepreneurs as well multi-national companies. As a result more companies made foreign direct investments into Thailand. In time actual transfer of offices followed, then factories were set up and finally regional headquarters finally moved to Thailand. As a consequence of exposure, many of todays young professionals are better trained and culturally adjusted to working and communicating with foreign entities. This is one paradigm shift we need to make; Philippine Tourism should not be treated as a be all and end all industry. Tourism should just be the invite or the go see, and while tourists begin to know and enjoy the Philippines, the rest of our cabinet secretaries and legislators can get busy making the Philippines an easier and safer place to do business in. *** As we drove through the Bangkok Safari park we saw African animals in the open, then we walked to see the Monkey boxing show, Sea lion show, Elephant show, Giraffe feeding, the Dolphin show, etc, etc, etc.

Then it hit me, we have ALL these in the Philippines! We have Giraffes, gazelles and zebras on Calauit Island, Palawan. We have tigers in Vigan Ilocos Sur, we have lions in Malabon and Montalban, we have Ostrich in Tanay, Tagaytay, La Union and Tarlac, we have dolphins and sea lions in Subic Bay or SBMA and Roxas blvd. we have wild pigs in Calatagan and Tarlac. We even have African Macaws, Australian Cockatoos and more courtesy of the De Dios bird farm! And THAT IS the problem. We have everything everywhere but not enough of them in one place. Brave souls like Manny Tangco of the Malabon Zoo and the Gaw family of Avalon Zoo have done their best to assemble them in one place, but they get no respect, much less any support from their local politicians or the national government. Recently I received inquiries from people abroad about lessons on Racing or drift driving, thats when it occurred to me how much lost opportunity for tourism there is in this field. The Family of the late and great Pocholo Ramirez put up the Subic Speedway; Johnnie Tan has the Batangas Racing circuit, but were never considered as having tourism potential. My friends JP Tuason of the Tuason racing school and David Feliciano of DMF Drift have continued to struggle against all odds to promote racing and drift driving, The Land Rover Club of the Philippines, the Land Cruiser Club and many other such groups regularly go out to the Mt. Pinatubo area and Tanay for trips. Did anybody ever realize that this could be a cool 2 in 1 trip for tourists? In other words, we have enough Events and activity material. What we seriously need to do is embark on an INTEGRATION program and end the Lone Ranger small time exclusive mentality. Aside from Integration, we seriously need an EDUCATION program to make people in the tourism industry aware and appreciative of industry economics and competition. The Philippines needs to realize that being able to speak English does not bring in tourists. Tourists come because of an attraction. They are attracted to a location, an activity, reputation as well as prices. It struck me when Kiti pointed out that hotel prices in the Philippines are not competitive. This is one of the reasons tourists have shorter stays. Why pay a fortune for a room you will barely stay in except to sleep? In a good news bad news scenario; we have a lot of potential but unless those running the show decide to talk, think and ask outside the industry box, we will remain a potential long after the PNoy administration has left the building. *** Utalk2ctalk@gmail.com Remember Garcia sons' $2-M bail?

GOTCHA By Jarius Bondoc

Remember Garcia sons' $2-M bail?

GOTCHA By Jarius Bondoc (The Philippine Star) Updated

December 29, 2010 12:00 AM Comments (6) News from San Francisco stunned Filipinos on March 5, 2009. Ian Carl and Juan Paolo Garcia had been granted bail of $2 million as their trial began for dollar smuggling into the US five years prior. The sons of Maj. Gen. Carlos Garcia, Armed Forces of the Philippines ex-comptroller, supposedly were to post the amount that Thursday noon. They had been ready with it since Monday, March 2nd. But then, federal prosecutors appealed the bond ruling before a higher court, which revoked it. Both US citizens, the Garcia brothers eventually would plead guilty to the charge and be sentenced to time served. Still, then-Rep. Roilo Golez pounded on their enormous bail money, worth almost P100 million. Either it was their way of showing economic clout, he said, or their father was fronting for the true plunderer of AFP funds. More likely its the latter, retired naval officer Golez added. A secret profiteer from Garcias P303-million plunder could have raised the bond. Ever since Garcias wealth, stashed through the sons, was bared in 2004, talk has been that a higher-up in the AFP or defense department made him do it.

Sen. Antonio Trillanes IV brought up the $2 million anew Monday in relation to the 2003 military strike he had led against crooked generals. The soldier-turned-legislator viewed Garcias sneaky plea bargain in light of who else might benefit from it. Trillanes and Garcia had become acquainted inside the Camp Crame stockade, where they were held for coup detat and plunder, respectively. Presumably they had traded notes about their cases, so Trillanes knows whereof he speaks. Sen. Gregorio Honasan, Trillanes mentor, said something similar last week about Garcia being but a cog in the system. Being officer-school classmates, Honasan too must have gotten from Garcia info on how one can filch P303 million from the AFP by his lonesome. Its unclear if the $2 million form part of Garcias guilty plea to the lesser offenses of bribery and money laundering. He is to surrender P135 million in exchange for dismissal of the P303-million plunder rap. The Ombudsman had kept the deal secret since approving it, military sources say, in October 2009. A Sandiganbayan gag order last week conveniently excuses the Ombudsman from explaining it now. The $2 million, the P135-million-for-P303-million, and the desire to expose a possible real plunderer serve as backdrop to a growing military anger with the plea bargain. The discontent that Rep. Rodolfo Biazon warns about, as former AFP chief, adds to the issues urgency. The AFP Judge Advocate General last Thursday asked the Solicitor General to object to the deal in its behalf. JAG Brig. Gen. Gilberto Roa acted on orders of AFP chief Gen. Ricardo David. The latter hinted at surveying the sentiment of the rank and file. The position of the soldiers, the position of the Armed Forces is: no plea bargain as far as corruption cases of officers are concerned... Discussions (have been held) and its not yet over. Roa was to meet yesterday with Solicitor General Jose Anselmo Cadiz. The Ombudsman had failed to secure the AFPs consent to the plead bargain as the offended party in the plunder. Garcia was the highest military officer to be court-martialed for conduct unbecoming and prejudicial. US authorities arrested his two sons in December 2003 at the San Francisco airport for sneaking $100,000 cash into America. Requesting return of the money months later, his wife Clarita justified their ownership of the huge amount by detailing their graft. She said Garcia received commissions and gratuity for signing military contracts and releasing payments as AFP comptroller. They also allegedly received $10,000-$20,000 shopping money from contractors and suppliers every time they traveled abroad. US authorities turned over to Philippine counterparts her two sworn statements (see Gotcha, 22 and 27 Dec. 2010). Disclosure of the incident prompted congressional inquiries on military corruption. Garcias consequent arrest and trial by a civilian court was hailed as a victory in the fight against graft. Washington at the time was implementing O-Plan PEP (Politically Exposed Persons). President George W. Bush wanted exposed all foreign officials who were stealing US military aid from their governments. Garcia reportedly was the third officer caught in the dragnet. Garcia was comptroller under five AFP chiefs of staff and one defense secretary from 2001 to 2004. Then-President Gloria Arroyo had a revolving-door policy in naming AFP chiefs. She appointed all senior officers in line, even if they would sit for less than three months and thus be unable to do much. During the congressional hearings of 2004, Sen. Miriam Defensor Santiago revealed one of the comptrollers dirtiest jobs. This was to raise P50 million pabaon (sendoff money) for the retirement of the chief. *** Men are sometimes so loud in proclaiming a facet of truth to ward

There's no sense in keeping that stupid truce!

SHOOTING STRAIGHT By Bobit S. Avila (The Philippine Star) Updated December 29, 2010 12:00 AM Comments (12)

Call this a warning to Pres. Benigno Noynoy Aquino III that his handling or should I say his coddling of the Communist Party of the Philippines (CPP), the National Democratic Front (NDF) and the New Peoples Army (NPA) could end up costing him his political life. We already warned PNoy about the treachery of the NPA when last Dec.14th, just two days before the official truce would have begun, the NPAs ambushed and killed 10 soldiers, including a 9-year old boy. But instead of suspending the truce with the communists at least in Samar, in order to hunt the treacherous NPA, PNoy opted to keep the truce. Well the headline of The Philippine STAR says it all when it blared, Truce Broken in Mindoro. Let me say that this piece of news was expected especially coming from the heels of that Dec.14th ambush by NPA rebels in Samar that killed 10 soldiers and a 9-year old boy. But instead of canceling the truce at least in Samar so the military could do hot pursuit operations, Pres. PNoy vowed to keep the truce. In fairness to him, he kept his word, but at the expense of our poor soldiers! So why are we still keeping this truce? Meanwhile PDI came up with a colored photo in their headline of NPA cadres marching in Surigao del Sur in celebration for the 42nd Founding Anniversary of the CPP. For us civilians, it is an ominous sign that the Aquino administration has been conned into going on a truce that the NPAs never cared to keep anyway. With the Communists having so many friends in mainstream media, Im sure they would blame the military for breaking the truce after all, the communist have a well-oiled propaganda machinery, which is supported by the mainstream media. Pres. PNoy is a gun buff just like me. But if you looked at the bureaucracy in getting firearms licenses that almost the cost an arm and a leg, it is the poor law-abiding firearm holders that have to suffer and pay. But to criminals (In my book, this is where the NPAs, MILF and MNLF

belong), they couldnt care any less in getting any permits to possess, much less carry firearms (and they bring high-powered weaponry) and that PDI photo gives us an idea of the double standard we still have in this country. One would think that by now, six months into the Aquino administration that they have already completed one of their campaign promises to get rid this nation of private armies. Well, we just saw those marching NPAs in a mainstream newspaper. If they do not belong to the AFP what are they then? Surely they must fall under the definition of Private Army under Joma Sison or Luis Jalandoni, or are they exempted from this prohibition? Again, the work for PNoy is cut out for him and now is the time that he should exercise his leadership! Come now, the communist insurgency did not last for 42 long years by telling the truth or following the terms of any truce. This insurgency stayed as long as it could because the communists were clever enough to call or cajole for a truce when they needed one in order for them to gain strength and above all, pretend to the world that they wanted to sit down and talk peace with the Philippine government. Its called good propaganda! But the truth is: the Communists have no common ground for us to sit down and talk with. They just want to establish a communist form of government and if you disagreed with their objective, they will kill you. This is why the NPAs would never lay down their arms, even to show sincerity for the coming peace talks, because they really have no sincerity in their hearts. What they want is to establish a communist state in the Philippines! *** Too much controversy has erupted with the new peso bills that the Bangko Sentral ng Pilipinas (BSP) ended up coming with a panel to explain these alleged errors. Even Pres. Benigno PNoy Aquino III has come out defending the BSP on those so-called errors. But so far, no one has asked the question, If they couldnt put the parrots true colors because of certain limitation, who then in the BSP insisted to put that parrot in the bill? Im sure that the Wildlife organizations wouldnt march to the streets because that parrot was excluded. This is the first time that the BSP had to explain anything on the new bills that they released. Could it be that the Aquino administration is cursed that anything they do in their administration, they end up spending a lot of time explaining it to the Filipino people? If anyone missed anything about the new peso bills it depicts what we really have in this countrya political family dynasty. Imagine the BSPs new bill depicts Sen. Ninoy, Pres. Cory and PNoys signature in that bill. It has been told that politicians have kept our nation from moving forward thanks to political dynasties. *** For e-mail responses to this article, write to vsbobita@mozcom.com or vsbobita