The alleged alliance between the CPP-NPA and the rightist coup plotters, which prompted the issuance of Proc. No 1017, is the most ridiculous idea I've ever heard, since the ambush on Enrile's car.
Everybody knows (except Gloria's intelligence network), that the CPP-NPA is not capable of joining forces with anyone, not even as a matter of strategy. The Left is fighting with the RJ's (the former partymembers who have rejected the old Maoist line), the democratic socialists (demsocs), and the social democrats (socdems). The CPP even put the demsocs and the socdems in the list of their enemies most of whom have been liquidated. So how can the CPP-NPA ally with the rightist when the CPP-NPA cannot even ally with the moderate left? Surely, the CPP and the moderate left have more things in common compared to the Magdalo? The CPP-NPA simply does not behave that way.
The Government cited that the Magdalo soldier San Juan was caught after a meeting with the NPA's in Padre Garcia, Batangas. But does that establish an alliance between the Magdalo soldiers and the CPP? A meeting does not make an alliance. I have a client who has been trying to strike a deal with the CPP-NPA just so their strike-ridden hacienda would be cleansed of armed NPA's. They have been meeting for months. Does that make my client in alliance with the CPP-NPA? Definitely not. There has to be a deal. Without a deal, it's only meeting, a mere social interaction. To accuse the Magdalos of being allies with the NPA after a meeting is not intelligence work, that's imagination.
A CPP-NPA-MAGDALO alliance? Fourteen years from now, when keeping this lie is no longer to the interest of the powers-that-be, somebody is going to say, it was a joke.
Tuesday, February 28, 2006
Sunday, February 26, 2006
Fort Bonifacio Live Blog from Rizalist
Rizalist has live blog of the events in Fort Bonifacio in this post.
Classes tomorrow in all levels have been suspended.
Rizalist has live blog of the events in Fort Bonifacio in this post.
Classes tomorrow in all levels have been suspended.
A Curious Turn of Events
Marines Colonel Ariel Querubin, who a few days ago was falsely reported to have been arrested, is back in the news. He is holed up in Fort Bonifacio, and has asked people to attend a vigil for him and his marines in the Fort. Cory Aquino, Tito Guingona, and other political personalities have heeded the call, but Cory Aquino was stopped in Pasong Tamo by a checkpoint on her way to the Fort. Meanwhile, TV reports showed that a throng of people have responded to Querubin's call.
Marines Colonel Ariel Querubin, who a few days ago was falsely reported to have been arrested, is back in the news. He is holed up in Fort Bonifacio, and has asked people to attend a vigil for him and his marines in the Fort. Cory Aquino, Tito Guingona, and other political personalities have heeded the call, but Cory Aquino was stopped in Pasong Tamo by a checkpoint on her way to the Fort. Meanwhile, TV reports showed that a throng of people have responded to Querubin's call.
A CALL FOR SOLIDARITY
NATIONAL UNION OF JOURNALISTS OF THE PHILIPPINES
February 26, 2006
For a few years now, the global media community has acknowledged the Philippines among the most dangerous places for journalists. In the past two years, our country has been second only to Iraq in the number of media killings. Philippine journalists have fought hard to roll back the tide of violence. Today, however, the Philippine press faces its strongest challenge.
In declaring a "state of national emergency," President Gloria Macapagal-Arroyo made media among her main targets. She and senior aides warned of government takeover of media facilities considered friendly to the political opposition.
Police have already raided the offices of the Daily Tribune, a national daily. Armed men in civilian clothes have gone around the offices of Abante, the country's biggest tabloid. Police had earlier arrested Randy David, a columnist of the Philippine Daily Inquirer, holding the award-winning journalist and sociologist for five hours prosecutors said there was no ground to charge him with any crime.
The government deployed troops to the compounds of ABS-CBN 2 and GMA 7, the country's largest television networks. The government's claim was
that the soldiers were protecting these stations from a potential takeover by destabilizers.
Police have also declared that they would not hesitate to takeover media entities found "aiding" the administration's enemies. The police also said they would soon release "standards" or guidelines that journalists must follow and that investigators and prosecutors were monitoring the news.
By the government's definition, providing aid to Mrs. Arroyo's enemies includes interviewing opposition parties. In simple terms, the administration wants media to present only the side of the embattled government, using force and coercion to bend journalists to its wishes.
Filipinos, journalists included, fought a long, hard battle to regain democracy after two decades of tyranny. That Mrs. Arroyo timed this crackdown on civil liberties with the anniversary of the Marcos dictatorship's fall only highlights her break with the democratic aspirations of Filipinos. Even as she warns enemies of feeling the full force of the law, Mrs. Arroyo flaunts constitutional guarantees to free speech and expression and press freedom.
Leaders of Philippine society have spoken out against the government's iron-hand tactics. The Philippine journalism community has also moved fast to unite against this grand assault on press freedom. Today, (Sunday, Feb. 26), the National Union of Journalists of the Philippines will lead various organizations and individual journalists in protesting the crackdown on media. The Philippine media community intends to send Mrs. Arroyo a strong message: We will not go gently into the night.
We call on all our colleagues in print, broadcast and digital journalism worldwide to support Philippine media in this dark hour. Please add your voice to our protest. Let us collectively condemn the crackdown on Philippine media and remind Mrs. Arroyo that no country can be free to prosper if its media is silenced and cowed.
You can send protest letters to the government through the Office of the Press Secretary at osec@ops.gov.ph, with facsimile number (632) 735-6167 or deliver these to the nearest Philippine embassy and consulate. You can send solidarity messages to the NUJP through its email address, nujphil@gmail.com or post this on our website, www.nujp.org. National Union of Journalists of the Philippines
February 26, 2006
For a few years now, the global media community has acknowledged the Philippines among the most dangerous places for journalists. In the past two years, our country has been second only to Iraq in the number of media killings. Philippine journalists have fought hard to roll back the tide of violence. Today, however, the Philippine press faces its strongest challenge.
In declaring a "state of national emergency," President Gloria Macapagal-Arroyo made media among her main targets. She and senior aides warned of government takeover of media facilities considered friendly to the political opposition.
Police have already raided the offices of the Daily Tribune, a national daily. Armed men in civilian clothes have gone around the offices of Abante, the country's biggest tabloid. Police had earlier arrested Randy David, a columnist of the Philippine Daily Inquirer, holding the award-winning journalist and sociologist for five hours prosecutors said there was no ground to charge him with any crime.
The government deployed troops to the compounds of ABS-CBN 2 and GMA 7, the country's largest television networks. The government's claim was
that the soldiers were protecting these stations from a potential takeover by destabilizers.
Police have also declared that they would not hesitate to takeover media entities found "aiding" the administration's enemies. The police also said they would soon release "standards" or guidelines that journalists must follow and that investigators and prosecutors were monitoring the news.
By the government's definition, providing aid to Mrs. Arroyo's enemies includes interviewing opposition parties. In simple terms, the administration wants media to present only the side of the embattled government, using force and coercion to bend journalists to its wishes.
Filipinos, journalists included, fought a long, hard battle to regain democracy after two decades of tyranny. That Mrs. Arroyo timed this crackdown on civil liberties with the anniversary of the Marcos dictatorship's fall only highlights her break with the democratic aspirations of Filipinos. Even as she warns enemies of feeling the full force of the law, Mrs. Arroyo flaunts constitutional guarantees to free speech and expression and press freedom.
Leaders of Philippine society have spoken out against the government's iron-hand tactics. The Philippine journalism community has also moved fast to unite against this grand assault on press freedom. Today, (Sunday, Feb. 26), the National Union of Journalists of the Philippines will lead various organizations and individual journalists in protesting the crackdown on media. The Philippine media community intends to send Mrs. Arroyo a strong message: We will not go gently into the night.
We call on all our colleagues in print, broadcast and digital journalism worldwide to support Philippine media in this dark hour. Please add your voice to our protest. Let us collectively condemn the crackdown on Philippine media and remind Mrs. Arroyo that no country can be free to prosper if its media is silenced and cowed.
You can send protest letters to the government through the Office of the Press Secretary at osec@ops.gov.ph, with facsimile number (632) 735-6167 or deliver these to the nearest Philippine embassy and consulate. You can send solidarity messages to the NUJP through its email address, nujphil@gmail.com or post this on our website, www.nujp.org. National Union of Journalists of the Philippines
Tribune Publisher: We will not be cowed.
From PCIJ
DAILY Tribune publisher Ninez Cacho-Olivarez wrote this after police raided the Tribune office today. The publisher’s note will appear in the paper’s Feb. 26 issue.
"Martial law
Publisher’s Note
President Arroyo and her aides may choose to call it a Declaration of the State of Emergency, but the stench of Martial Law has pervaded the entire country.
For what else can one call a warrantless raid of The Daily Tribune at an ungodly hour of 12:45 a.m. Saturday, where armed and uniformed policemen swooped down on the newspaper offices and raided these offices, without a search warrant and even filching some papers without even a witness present, then ordering the padlocking of the offices and then having at least three policemen guarding the area, claiming they were doing so to “ensure that nothing gets lost.”
At the same time, another police operation was ongoing, almost simultaneously, raiding the printing press with the policemen demanding to know from the night shift where our distribution centers were, and confiscating the last bundle which was to be picked up by a news dealer.
Later, on questioning the policemen why they were in the premises, the reply was that they were ordered to secure the area which is a “possible source of destabilization.”
Then came the Philippine National Police chief Director General, Arturo Lomibao, telling the media that the Tribune has been taken over temporarily and that the administration is mulling the supervision of the editorial content of the paper since the Tribune may be conspiring with the opposition to bring down the regime of Gloria Arroyo.
It was also said the Tribune will be made to submit to the police authorities its final copy for approval. The regime is also reportedly thinking of taking over the operations of the newspaper and have the government publish it.
As this is being written, another phalanx of policemen has been deployed to the printing press offices, waiting for the Tribune to roll to press, with the clear intention to stop its printing.
And all this is claimed by the Palace to be constitutional and to quote the presidential legal counsel, Eduardo Nachura, the declaration of emergency rule by Mrs. Arroyo is precisely done to safeguard our freedoms and democracy.
And despite the fact of the raid and the probable arrest of the publisher, the Palace insists that this has not occurred and that it has no plans of controlling the paper.
They call a government takeover of a newspaper, a private enterprise, in which any government has no business poking its hand, critical or not.
The Constitution says no law, which means no law — whether by Congress or a dictatorial executive with her declarations — can be enacted abridging the freedom of the press. This also means that government is not vested with the right or authority to exercise prior restraint on the press.
The acts against the press hardly enhance the people’s freedoms and democracy. It in fact ensures the suppression of these freedoms.
Gloria and her aides don’t have any respect for the constitutional freedoms of a people and especially of the press that is critical of the Gloria Arroyo regime.
Her emergency declaration is done for only one purpose: Gloria’s political survival. She can no longer take criticisms. She wants control of the press to ensure that the dirt that sticks to her and her government will be hidden.
She does not care about the rule of law, or the Constitution, or the freedoms of a people.
All she cares for is her political survival.
Charges will be manufactured, as evidence will be manufactured, to jail those who defy her.
The Tribune will continue defying her. We will not be cowed.
She can order the closure of the Tribune, but we will not close down the Tribune in fear of her.
We were not cowed during the martial law years. We will not be cowed today."
DAILY Tribune publisher Ninez Cacho-Olivarez wrote this after police raided the Tribune office today. The publisher’s note will appear in the paper’s Feb. 26 issue.
"Martial law
Publisher’s Note
President Arroyo and her aides may choose to call it a Declaration of the State of Emergency, but the stench of Martial Law has pervaded the entire country.
For what else can one call a warrantless raid of The Daily Tribune at an ungodly hour of 12:45 a.m. Saturday, where armed and uniformed policemen swooped down on the newspaper offices and raided these offices, without a search warrant and even filching some papers without even a witness present, then ordering the padlocking of the offices and then having at least three policemen guarding the area, claiming they were doing so to “ensure that nothing gets lost.”
At the same time, another police operation was ongoing, almost simultaneously, raiding the printing press with the policemen demanding to know from the night shift where our distribution centers were, and confiscating the last bundle which was to be picked up by a news dealer.
Later, on questioning the policemen why they were in the premises, the reply was that they were ordered to secure the area which is a “possible source of destabilization.”
Then came the Philippine National Police chief Director General, Arturo Lomibao, telling the media that the Tribune has been taken over temporarily and that the administration is mulling the supervision of the editorial content of the paper since the Tribune may be conspiring with the opposition to bring down the regime of Gloria Arroyo.
It was also said the Tribune will be made to submit to the police authorities its final copy for approval. The regime is also reportedly thinking of taking over the operations of the newspaper and have the government publish it.
As this is being written, another phalanx of policemen has been deployed to the printing press offices, waiting for the Tribune to roll to press, with the clear intention to stop its printing.
And all this is claimed by the Palace to be constitutional and to quote the presidential legal counsel, Eduardo Nachura, the declaration of emergency rule by Mrs. Arroyo is precisely done to safeguard our freedoms and democracy.
And despite the fact of the raid and the probable arrest of the publisher, the Palace insists that this has not occurred and that it has no plans of controlling the paper.
They call a government takeover of a newspaper, a private enterprise, in which any government has no business poking its hand, critical or not.
The Constitution says no law, which means no law — whether by Congress or a dictatorial executive with her declarations — can be enacted abridging the freedom of the press. This also means that government is not vested with the right or authority to exercise prior restraint on the press.
The acts against the press hardly enhance the people’s freedoms and democracy. It in fact ensures the suppression of these freedoms.
Gloria and her aides don’t have any respect for the constitutional freedoms of a people and especially of the press that is critical of the Gloria Arroyo regime.
Her emergency declaration is done for only one purpose: Gloria’s political survival. She can no longer take criticisms. She wants control of the press to ensure that the dirt that sticks to her and her government will be hidden.
She does not care about the rule of law, or the Constitution, or the freedoms of a people.
All she cares for is her political survival.
Charges will be manufactured, as evidence will be manufactured, to jail those who defy her.
The Tribune will continue defying her. We will not be cowed.
She can order the closure of the Tribune, but we will not close down the Tribune in fear of her.
We were not cowed during the martial law years. We will not be cowed today."
CHR: THERE IS STILL NO MARTIAL LAW.
From a Manila Times report.
A certain Ed Diansuy, of the Commission on Human Rights, said the privilege of the writ for habeas corpus and the rights of freedom of assembly, speech and information can still be enjoyed by the citizens.
"There is still no martial law. The government is only controlling the people," he said.
From a Manila Times report.
A certain Ed Diansuy, of the Commission on Human Rights, said the privilege of the writ for habeas corpus and the rights of freedom of assembly, speech and information can still be enjoyed by the citizens.
"There is still no martial law. The government is only controlling the people," he said.
Saturday, February 25, 2006
Cong. Beltran arrested
Partylist Congressman Crispin Beltran, his wife and five other companions were arrested this afternoon by policemen on the strength of a warrant of arrest issued in 1985 rebellion case. His lawyer Romeo Capulong questioned his arrest in this INQ&.net report.
Partylist Congressman Crispin Beltran, his wife and five other companions were arrested this afternoon by policemen on the strength of a warrant of arrest issued in 1985 rebellion case. His lawyer Romeo Capulong questioned his arrest in this INQ&.net report.
What is the Speaker thinking?
I sent an SMS to a former high school friend who is now a congressman, about my opinion that Congress has to step in to review Proc. No. 1017, because it is a declaration of martial law disguised as another thing. Guess what? He replied and said we're better off running after the financiers of the destabilizers, and besides he thinks we have too much freedom. Geez, I wonder if the Speaker is thinking the same way.
Billy Esposo: A Philippine civil war is now a real possibility
From INQ7.net. My own sources have confirmed Billy Esposo's premises in his analysis. I just hope he missed out something for, God forbid, a civil war is not what we need.
Daily Tribune office raided
"What's this martial law?", Ninez Cacho Oilvares, the editor of the Daily Tribune, asked as the offices of the Daily Tribune, a Manila daily, was raided by the police early morning today. See full story here. .
Proc. No. 1017 copy pasted from Proc. No. 1081
Paul Santos in his blog points out that the text of the original Marcos Martial Law Proclamation, (Proc. No. 1081), and the recent Declaration of National Emergency (Proc. No. 1017) by Pres. Arroyo are the same text. He writes,
Proclamation No. 1017:
“NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: “ The President…whenever it becomes necessary,…may call out (the) armed forces to prevent or suppress…rebellion…, “ and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.”
Now, Proclamation No. 1081:
“NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by Article VII, Section 10, Paragraph (’2) of the Constitution, do hereby place the entire Philippines as defined in Article I, Section 1 of the Constitution under martial law and, in my capacity as their commander-in-chief, do hereby command the armed forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and decrees, orders and regulations promulgated by me personally or upon my direction.”
As I stated earlier, Proc. No. 1017 is a declaration of Martial Law disguised as a declaration of National Emergency. This is not an accident. Proc. No. 1017 was copy pasted from Proc. No. 1081 because the true intent is to declare martial law and mask it as declaration of national emergency. What is the implication? Any military action that was justified in 1972 by Proc. No. 1081, if done today may be justified by Proc. No. 1017.
God bless us all!
Proclamation No. 1017:
“NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: “ The President…whenever it becomes necessary,…may call out (the) armed forces to prevent or suppress…rebellion…, “ and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.”
Now, Proclamation No. 1081:
“NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by Article VII, Section 10, Paragraph (’2) of the Constitution, do hereby place the entire Philippines as defined in Article I, Section 1 of the Constitution under martial law and, in my capacity as their commander-in-chief, do hereby command the armed forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and decrees, orders and regulations promulgated by me personally or upon my direction.”
As I stated earlier, Proc. No. 1017 is a declaration of Martial Law disguised as a declaration of National Emergency. This is not an accident. Proc. No. 1017 was copy pasted from Proc. No. 1081 because the true intent is to declare martial law and mask it as declaration of national emergency. What is the implication? Any military action that was justified in 1972 by Proc. No. 1081, if done today may be justified by Proc. No. 1017.
God bless us all!
Friday, February 24, 2006
FREE LEGAL ASSISTANCE GROUP URGES RECALL OF PROC. NO. 1017
The following is the statement of Free Legal Assistance Group (FLAG) on Proc. No. 1017:
The Free Legal Assistance Group (FLAG) strongly condemns Proclamation 1017 declaring a state of national emergency. Proclamation 1017 is a license given to the military and police to use against whosoever they perceive to be enemies; it silences all forms of criticism, including media reporting.
Through Proclamation 1017, Gloria Macapagal Arroyo has arrogated unto herself the power to promulgate decrees, orders and regulations (last paragraph), not different, in effect, from Amendment No. 6, which Marcos used to legislate:
“Whenever in the judgment of the President, there exists a grave emergency or a threat or imminence thereof, … he may, in order to meet the emergency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land.”
In Proclamation 1017, Gloria Macapagal Arroyo alleges a “conspiracy” between “elements in the political opposition,” “extreme left,” and “extreme right,” fueled by “certain segments of the national media” to “bring down the duly constituted Government elected in May 2004.” (1st and 3rd Whereas Clauses) All who are or may be identified as belonging to the political opposition, extreme left, extreme right and the national media are targets.
Proclamation 1017 is arbitrary; it contains no clear directives, standards or guidelines; it sets no time frame for the duration of the emergency. Even worse, Gloria Macapagal Arroyo’s public announcement categorically cedes to the Armed Forces of the Philippines and the Philippine National Police the power to do whatever needs to be done as a consequence of this Proclamation, without limit or accountability.
There is neither factual nor legal basis for the declaration of a national emergency. In her public statement announcing Proclamation 1017, Gloria Macapagal Arroyo herself over nationwide television announced that she was “in control” of the situation and that threats against her government had already been neutralized and quelled. There is, therefore, no real emergency to speak of. In addition, if all Gloria Macapagal Arroyo wants to do is to prosecute those who violate the law, there are adequate laws and processes to investigate and prosecute them.
Proclamation 1017 cites two constitutional provisions as its legal basis: the commander-in-chief provision (Art. VII, Sec. 18) and the emergency powers provision (Art. XII, Sec. 17).
Under Section 18, the only grounds to call out the Armed Forces are lawless violence, invasion or rebellion; while the only grounds to suspend the privilege of the writ of habeas corpus, or to declare martial law are invasion or rebellion. Not one of these grounds exists. A so-called “conspiracy to bring down” Gloria Macapagal Arroyo is not — in and of itself — lawless violence, invasion or rebellion.
While Art. XII, Sec. 17 allows the President to declare a state of national emergency (which may include a “military national emergency”), the only power granted the State under this provision is to “temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” This power may only be exercised during the emergency and under reasonable terms.
By “saving democracy,” Gloria Macapagal Arroyo has just destroyed it. FLAG calls on Gloria Macapagal Arroyo to withdraw her Proclamation.
SGD. Jose Manuel I. Diokno
Chairman FLAG
The Free Legal Assistance Group (FLAG) strongly condemns Proclamation 1017 declaring a state of national emergency. Proclamation 1017 is a license given to the military and police to use against whosoever they perceive to be enemies; it silences all forms of criticism, including media reporting.
Through Proclamation 1017, Gloria Macapagal Arroyo has arrogated unto herself the power to promulgate decrees, orders and regulations (last paragraph), not different, in effect, from Amendment No. 6, which Marcos used to legislate:
“Whenever in the judgment of the President, there exists a grave emergency or a threat or imminence thereof, … he may, in order to meet the emergency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land.”
In Proclamation 1017, Gloria Macapagal Arroyo alleges a “conspiracy” between “elements in the political opposition,” “extreme left,” and “extreme right,” fueled by “certain segments of the national media” to “bring down the duly constituted Government elected in May 2004.” (1st and 3rd Whereas Clauses) All who are or may be identified as belonging to the political opposition, extreme left, extreme right and the national media are targets.
Proclamation 1017 is arbitrary; it contains no clear directives, standards or guidelines; it sets no time frame for the duration of the emergency. Even worse, Gloria Macapagal Arroyo’s public announcement categorically cedes to the Armed Forces of the Philippines and the Philippine National Police the power to do whatever needs to be done as a consequence of this Proclamation, without limit or accountability.
There is neither factual nor legal basis for the declaration of a national emergency. In her public statement announcing Proclamation 1017, Gloria Macapagal Arroyo herself over nationwide television announced that she was “in control” of the situation and that threats against her government had already been neutralized and quelled. There is, therefore, no real emergency to speak of. In addition, if all Gloria Macapagal Arroyo wants to do is to prosecute those who violate the law, there are adequate laws and processes to investigate and prosecute them.
Proclamation 1017 cites two constitutional provisions as its legal basis: the commander-in-chief provision (Art. VII, Sec. 18) and the emergency powers provision (Art. XII, Sec. 17).
Under Section 18, the only grounds to call out the Armed Forces are lawless violence, invasion or rebellion; while the only grounds to suspend the privilege of the writ of habeas corpus, or to declare martial law are invasion or rebellion. Not one of these grounds exists. A so-called “conspiracy to bring down” Gloria Macapagal Arroyo is not — in and of itself — lawless violence, invasion or rebellion.
While Art. XII, Sec. 17 allows the President to declare a state of national emergency (which may include a “military national emergency”), the only power granted the State under this provision is to “temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” This power may only be exercised during the emergency and under reasonable terms.
By “saving democracy,” Gloria Macapagal Arroyo has just destroyed it. FLAG calls on Gloria Macapagal Arroyo to withdraw her Proclamation.
SGD. Jose Manuel I. Diokno
Chairman FLAG
Comment: Proc. No. 1017 puts ultimate powers on the military on matters of law and order
Reading the text of the Proc. No. 1017, I am of the opinion that this gives ultimate powers on the military to arrest individuals caught committing acts of lawless violence insurrection or rebellion. The wording of the Proclamation is precise. It is ordering the AFP to maintain law and order through out the entire country and enforce obedience to all the laws decrees and orders of the President. In a situation where, for example, Makati Mayor Jejomar Binay defies the order not to continue on his planned mass action, the military can pick him up and put him in jail. Mayor Binay cannot argue that since he is Mayor of Makati, he has the jurisdiction over the peace and order over his city, because Proc. No. 1017 places the ultimate authority to maintain law and order over the military. If this is not martial law, I do not know what martial law is.
Randy David and Argee Guevarra arrested
Prof. Randy David of the UP Sociology Department and Atty. Argee Guevarra, Businessworld columnist, were arrested by the police on the strength of Proc. !017 a while back. The arrest was aired on national TV. Sometime at 9:30 this morning I overheard also on TV Prof. David's fiery words urging the patriotic soliders to come out and join them in EDSA to effect a peaceful change of government.
Comment: Is Proc. 1017 Martial Law?
I listened as Press Sec. Ignacio Bunye read the text of the Proc. 1017, which placed the Phlippines under a State of Emergency. I am curious that one line in the text says that the President is ordering the Armed Forces of teh Philippines to maintain peace and order over the entire country. Does this mean that the civilian government is unable to maintain peace and order on its own?
This is curious, because Fr. Joaquin Bernas in his textbook on constitutional law points to a type of martial law "which has application when the military arm does not supercede civil authority but is called upon to aid in the execution of its civil functions." (See Joaquin Bernas, A Commentary of the Constitution of the Republic of the Philippines p. 215, 1988 edition). According to Fr. Bernas this is the martial law that is covered by the text of the Sec. 18 Article VII of the 1987 Constitution, which calls for congressional review of the declaration by the President. The wording of Proc. 1017 precisely contemplates that situation where the President is calling upon the military to maintain the peace and order in the entire country. Does this mean civilan authority is no longer functioning? If so, then Section 18 of Article VII of the 1987 Constitution should be operative.
Section 18 Article VII states as follows,
"The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, 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. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
"The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
"The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
"A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.
"The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
"During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."
From the above, the President should within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, submit a report in person or in writing to the Congress.
Thereafter, 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.
Finally, upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
Let's see how the legal luminaries react.
A copy of Proc. 1017 may be found here. Link courtesy of Blackboard
This is curious, because Fr. Joaquin Bernas in his textbook on constitutional law points to a type of martial law "which has application when the military arm does not supercede civil authority but is called upon to aid in the execution of its civil functions." (See Joaquin Bernas, A Commentary of the Constitution of the Republic of the Philippines p. 215, 1988 edition). According to Fr. Bernas this is the martial law that is covered by the text of the Sec. 18 Article VII of the 1987 Constitution, which calls for congressional review of the declaration by the President. The wording of Proc. 1017 precisely contemplates that situation where the President is calling upon the military to maintain the peace and order in the entire country. Does this mean civilan authority is no longer functioning? If so, then Section 18 of Article VII of the 1987 Constitution should be operative.
Section 18 Article VII states as follows,
"The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, 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. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
"The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.
"The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
"A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.
"The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
"During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."
From the above, the President should within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, submit a report in person or in writing to the Congress.
Thereafter, 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.
Finally, upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
Let's see how the legal luminaries react.
A copy of Proc. 1017 may be found here. Link courtesy of Blackboard
GMA declares a State of National Emergency
Pres. Arroyo went on air shortly before noon to declare a "State of National Emergency". She confirmed that there was a coup attempt, but claims she has full control of the situation. The text of her speech is found here.
EDSA People Power Monument declared no rally zone
ABS-CBN reports that the military has declared that the EDSA People Power Monument has been declared a no rally zone. Video footages also showed that soldiers have been posted on the monument.
Gen . Senga on ABS-CBN interview: plotters planned to join EDSA rally
In an interview with Ces Drilon, Gen. Senga said that Gen. Danny Lim and his troops planned to join the protest rally at EDSA and declare withdrawal of support from the government. He further said that there was no attempt to grab power, but a mere withdrawal of support. He said there was no overt action by Gen. Danny Lim's and his troops. Gen. Senga also said that Gen. Danny Lim is under custody of the marine brigade. Gen. Senga, however, did not give a categorical answer on the question on whether the coup is over. He said the army is just monitoring the situation.
AFP corrects announcement on Col. Querubin
Over at ABS-CBN TV, Gus Abelgas reports that the AFP has corrected the anouncment that Col. Querubin has been relieved from his post. Apparently, Col. Querubin has not been relieved.
Senga relieves Gen. Danilo Lim and Col. Querubin
AM radio reports said that AFP Chief of Staff Generoso Senga relieved Gen. Danilo Lim, head of the Scout Rangers Regimen based in San Miguel, Bulacan, and Col. Querubin from their posts. Apparenty, earlier the two have declared their withdrawal of support to the government.
Coup d'etat vs. GMA
GMA 7 reports at this moment that there are troops found in Bocaue, Bulacan exit in the North Expressway. GMA 7, however, is not certain whether the troops are loyalists or reformists.
I woke up this morning preparing to write a major pleading for a client, but fate has different plans today. Classes for all levels have been suspended as a coup d'etat against the Arroyo Administration has been discovered. Malacanang security has been highthened. So far, only Army chief Lieutenant General Hermogenes Esperon has made public announcements about the coup. He claims that it has already been thwarted and two senior military officials have been arrested.
Have post. Will blog. God bless us all!
I woke up this morning preparing to write a major pleading for a client, but fate has different plans today. Classes for all levels have been suspended as a coup d'etat against the Arroyo Administration has been discovered. Malacanang security has been highthened. So far, only Army chief Lieutenant General Hermogenes Esperon has made public announcements about the coup. He claims that it has already been thwarted and two senior military officials have been arrested.
Have post. Will blog. God bless us all!
Friday, February 17, 2006
Appointments Then and Now
Fr. Jose Burgos, writing anonymously, in Manila 27 June 1864, said:
“If in our days we do not see more Filipinos outstanding in learning,
let this not be attributed to their character nor to their nature
more to the influence of the climate nor much less that of the race,
but rather to the discouragement which for some years now has taken
possession of the youth, because of the almost complete lack of any
incentive. For as a matter of fact, what young man will still make
efforts to excel in the knowledge of law or of theology, if he does
not see in the future anything but obscurity and indifference? What
Filipino will even aspire to be learned, will consecrate efforts to
this purpose, seeing that his most noble aspirations wither away
under the destructive influence of scorn and neglect, and knowing
that honorable and lucrative offices are for him forbidden fruit?”*
Doesn’t Fr. Burgos sound like he is speaking about the Ateneo law classmates of You-Know-Who and the Sigma Rhoans in government? When government positions are dispensed only to the patrons of the powers-that-be, without regard to ability and competence, it is no wonder why a million Filipinos opted out of this country last year. To think that as far back as 1864, Fr. Jose Burgos had complained about this to the Spanish authorities. When would we ever learn?
*From the Manifesto Addressed to the Noble Spanish Nation by the Loyal
Filipinos Defending their Honor and Loyalty Gravely Wounded by the
Madrid Newspaper, La Verdad translated by Fr. John Schumacher, S. J.
as appearing in Father Jose Burgos: a documentary history with
Spanish documents and their translation, ADMU Press c1999.
Check out the Gomburza Trial on the sidebar.
“If in our days we do not see more Filipinos outstanding in learning,
let this not be attributed to their character nor to their nature
more to the influence of the climate nor much less that of the race,
but rather to the discouragement which for some years now has taken
possession of the youth, because of the almost complete lack of any
incentive. For as a matter of fact, what young man will still make
efforts to excel in the knowledge of law or of theology, if he does
not see in the future anything but obscurity and indifference? What
Filipino will even aspire to be learned, will consecrate efforts to
this purpose, seeing that his most noble aspirations wither away
under the destructive influence of scorn and neglect, and knowing
that honorable and lucrative offices are for him forbidden fruit?”*
Doesn’t Fr. Burgos sound like he is speaking about the Ateneo law classmates of You-Know-Who and the Sigma Rhoans in government? When government positions are dispensed only to the patrons of the powers-that-be, without regard to ability and competence, it is no wonder why a million Filipinos opted out of this country last year. To think that as far back as 1864, Fr. Jose Burgos had complained about this to the Spanish authorities. When would we ever learn?
*From the Manifesto Addressed to the Noble Spanish Nation by the Loyal
Filipinos Defending their Honor and Loyalty Gravely Wounded by the
Madrid Newspaper, La Verdad translated by Fr. John Schumacher, S. J.
as appearing in Father Jose Burgos: a documentary history with
Spanish documents and their translation, ADMU Press c1999.
Check out the Gomburza Trial on the sidebar.
Sunday, February 12, 2006
The Price of Justice
I was in the office of the Clerk of Court last Friday, supervising the filing of a complaint, which prayed for PHP 2.2 million in damages. My client and I were a bit shocked when we got the assessment for the docket fees. The figure was PHP 42,000. I asked the cashier if the amount was based only on the PHP 2.2 million, and she confirmed that indeed the basis was the amount stated in our camplaint, PHP 2. 2 million. We paid the docket fee, and filed the complaint. My client then figured out that the ratio appears to be for every one million pesos in dispute, the filing fee is PHP 20,000.
This means that for small amounts, say a million or two, the twenty thousand per million appears to be manageable. But when the figures in dispute reach PHP 50 million, the filing fees could actually hit a whopping one million pesos! Considering, however, that there are other costs of litigation, it's easy to imagine why people would find filing a court case a tough route to take to run after Shylock's proverbial pound of flesh, as it were.
Sometime ago we opened a branch of our law office in Cabanatuan City, a rich little city up north about three hours away from our Quezon City office. One of our prospective clients who was married to a deceased lawyer warned me that they don't have much need for lawyers there, because assassins were cheaper. I was a bit amused, and took her advice as a joke. Two years after, I remembered what she said as my partners and I decided to close the branch, and focus our practice elsewhere. The branch was self-sustaining, but it didn't meet our projections. Perhaps, it has indeed something to do with the high costs of lawyers and filing fees.
Today, again I am reminded of what that client told me in Cabanatuan City two years ago. If somebody ran away with my PHP 50 million, I would seriously hesitate on filing a case, as it would entail an additional cost of PHP 1 million just to get it to the court docket. It's just like throwing good money after bad, so to speak. Meanwhile, an assassin's services costs only PHP 15,000. I am not endorsing their services. All that I am saying is they must be enjoying good business these days.
For all his lofty achievements as Chief Justice, Hilario Davide would go down in history as the Chief Justice under whose administration the price of obtaining justice tremendously increased. And while he could argue that the increase in court fees would translate into better motivated and efficient people working on the judiciary, the bottomline is still by raising the court docket fees to unprecedented levels, he actually made the PHP 15000 option on an assassin an easier choice for the prospective litigant seeking relief for payment of just debts. Thus, the increase in docket fees is a myopic approach to the problem of improving the quality of justice in this country.
The better approach should have been to maintain low docket fees and to push the Executive and Legislative Departments to increase the Judiciary's budget, considering that government money is being wasted by the Executive and Legislative on soft coups and soft projects, where the S.O.P. is at least 30 percent kickback! By pricing docket fees at such a steep price, the former Chief Justice might as well tell the people to consider chaos instead. If every prospective litigant is driven to take the cheaper services of an assassin instead of going through the costly and slow motion of court litigation, it would actually cause the collapse of the justice system as we know it. Man's thirst for justice is primal. Price it too high, and people will find a way to get it, faster and cheaper in one way or another.
This means that for small amounts, say a million or two, the twenty thousand per million appears to be manageable. But when the figures in dispute reach PHP 50 million, the filing fees could actually hit a whopping one million pesos! Considering, however, that there are other costs of litigation, it's easy to imagine why people would find filing a court case a tough route to take to run after Shylock's proverbial pound of flesh, as it were.
Sometime ago we opened a branch of our law office in Cabanatuan City, a rich little city up north about three hours away from our Quezon City office. One of our prospective clients who was married to a deceased lawyer warned me that they don't have much need for lawyers there, because assassins were cheaper. I was a bit amused, and took her advice as a joke. Two years after, I remembered what she said as my partners and I decided to close the branch, and focus our practice elsewhere. The branch was self-sustaining, but it didn't meet our projections. Perhaps, it has indeed something to do with the high costs of lawyers and filing fees.
Today, again I am reminded of what that client told me in Cabanatuan City two years ago. If somebody ran away with my PHP 50 million, I would seriously hesitate on filing a case, as it would entail an additional cost of PHP 1 million just to get it to the court docket. It's just like throwing good money after bad, so to speak. Meanwhile, an assassin's services costs only PHP 15,000. I am not endorsing their services. All that I am saying is they must be enjoying good business these days.
For all his lofty achievements as Chief Justice, Hilario Davide would go down in history as the Chief Justice under whose administration the price of obtaining justice tremendously increased. And while he could argue that the increase in court fees would translate into better motivated and efficient people working on the judiciary, the bottomline is still by raising the court docket fees to unprecedented levels, he actually made the PHP 15000 option on an assassin an easier choice for the prospective litigant seeking relief for payment of just debts. Thus, the increase in docket fees is a myopic approach to the problem of improving the quality of justice in this country.
The better approach should have been to maintain low docket fees and to push the Executive and Legislative Departments to increase the Judiciary's budget, considering that government money is being wasted by the Executive and Legislative on soft coups and soft projects, where the S.O.P. is at least 30 percent kickback! By pricing docket fees at such a steep price, the former Chief Justice might as well tell the people to consider chaos instead. If every prospective litigant is driven to take the cheaper services of an assassin instead of going through the costly and slow motion of court litigation, it would actually cause the collapse of the justice system as we know it. Man's thirst for justice is primal. Price it too high, and people will find a way to get it, faster and cheaper in one way or another.
Thursday, February 02, 2006
Top 10 things that sound dirty, but in the law firm aren't
I've been busy with work, and I thought that my next entry would be in the next quarter. But a client passed a text message to me, and I decided it should have a place here. So here it goes.
10. Have you looked through her briefs?
9. He is one hard judge.
8. Counselor, let's do it in chambers.
7. Her attorney withdrew at the last minute.
6. Think you can get me off?
5. Is it a penal offense?
4. Better leave the handcuffs on.
3. Can you get him to drop his suit?
2. The judge gave her the stiffest one he could.
1. For P2000 an hour, she better be good!
10. Have you looked through her briefs?
9. He is one hard judge.
8. Counselor, let's do it in chambers.
7. Her attorney withdrew at the last minute.
6. Think you can get me off?
5. Is it a penal offense?
4. Better leave the handcuffs on.
3. Can you get him to drop his suit?
2. The judge gave her the stiffest one he could.
1. For P2000 an hour, she better be good!