Friday, September 09, 2005
Values Education by Gary Granada
Kick-back at kumisyon
Suhol, lagay,
Graft and corruption
Ano ang solusyon
Ang sabi ng leksyon
Ika ay values education
Huwag kang mandadaya
Huwag kang magsinungaling
Ang mga panata
At pangako’y tuparin
Huwag kang manggugulang
Huwag kang mgsasamantala
Huwag kang manlalamang
Ng iyong kapwa
Gloria
Huwag kang manggu-Gloria
Huwag kang manggu-Gloria
Gloria Gloria Gloria Gloria
Huwag kang manggu-Gloria
Huwag kang manggu-Gloria
Gloria Gloria Gloria Gloria
Huwag kang manggu-Gloria
Ang pahalagahan
Kailangan ng bayan
Bahay, pagkain, kalusugan
Makapag-aral
Trabahong marangal
Hustisya at kapayapaan
Ngunit inuuna
Ng gobyerno ang utang
Pinatitindi pa
Ang gera, logging, minahan
Dahil di malaya
Sa dikta ng dayuhan
Lalong lumalala
Ang kahirapan
Gloria
Huwag kang maggu-Gloria
Huwag kang mang-e-
Erap Ramos Cory Marcos
Gloria
Huwag kang manggu-Gloria
Huwag kang mang-e-
Erap Ramos Cory Marcos
Gloria…
Download the original song here. (Linked from PCIJ blog.)
Didn't I say somewhere in this blog, that she is going to be lampooned in accordance with our great tradition of protest arts and literature? This is the first of such efforts. Bring them all out now. While we are at it, I propose we remove her picture in our kids' classrooms. She doesn't deserve to be there.
Thursday, September 08, 2005
What the Adarna Myth Tells us about Writing and Blogging: Words from the late NVM Gonzalez
"Ang hindi ko malilimutan kay NVM ay ang sinabi niya sa isang forum tungkol sa tungkulin ng manunulat. Hindi ko pa siya kilala noon; nabasa ko lang ito sa isang artikulo tungkol sa nasabing forum.Ayon kay NVM, ang manunulat ay dapat tumulad sa bunsong prinsipe sa kuwento ng Ibong Adarna.
Kung natatandaan ninyo ang kuwento, maysakit ang amang hari at gagaling lamang siya kung maririnig ang awit ng Adarna. Sinubukan ng panganay at ng panggitnang prinsipe na hulihin ang Adarna, pero nang marinig nila ang awit ng Adarna, sila'y nakatulog, at iniputan ng ibon, at naging bato.
Para hindi siya mapatulog ng nakararahuyong awit ng Adarna, sinugatan ng bunsong prinsipe ang sarili niya at pinatakan ng dayap ang sugat. Sa gayon, hindi siya nakatulog, hindi siya napatakan ng tae, hindi siya naging bato, nahuli niya and Adarna, at napagaling niya ang maysakit na amang hari.
Hindi rin dapat kalimutan na tumulong ang bunsong prinsipe sa isang matandang pulubi sa daan, at mula sa pulubi niya natutunan ang sikreto ng paghuli sa Adarna.
Bata pa ako nang una kong marinig ang kuwento ng Ibong Adarna, pero kay NVM ko natutunan ang pagbasa dito bilang sagisag ng tungkulin ng manunulat. Para mabigyang-lunas ang amang maysakit, kailangan mong bigyang-halaga ang pulubing naghihikahos. Higit sa lahat, kailangan mong tiisin ang hapdi ng dayap sa sugat para hindi ka ipaghele at iputan at gawing bato ng Adarna. "
The quote originally appeared here.
Bloggers should really be akin to youngest prince in the Adarna myth. We should listen to the powerless for they may tell us how to stay awake while the politicians dazzle and lull us to sleep. For once we have fallen asleep, the politicians will bless us with their poop and turn us into stone.
Tuesday, September 06, 2005
Notes on the Impeachment Vote
Cheez Escudero and Alan Cayetano did a fine job interpellating Congressman Villafuerte who looked really idiotic juggling those papers and making up excuses for bungled citations and cluttered reasoning. I still don’t know where Edcel Lagman got his silly doctrine that a complaint signed by a lawyer is already verified. Verification must show that verifier had the competence to know the facts he is verifying. As a matter of fact, the verification must state that the verifier knows the facts of his own personal knowledge. In the case of Lozano’s complaint, he cannot possible say that he knew the facts of the impeachment of his own personal knowledge, because the allegation of election fraud was based largely on the Garci Tapes. He did not have personal knowledge of the fact of cheating in the elections. So how can we say that just by signing the complaint, Atty. Lozano has already verified his complaint on the basis of his lawyer’s oath? Silly.
And this restrictive interpretation of the one year bar rule that the first complaint to be filed, even when Congress is not in session, bars all other impeachment complaints is the craziest idea I’ve ever heard. As my good friend Atty. Punzi said, it leaves the power to impeach the President to the receiving clerk, because the first complaint she receives in a year will be the only one considered for the year. I bet you after this episode we can expect Congressman Pichay to file an impeachment complaint against the President everyday, which ensures that the President will not be legitimately impeached in perpetuity. Crazy idea.
I must say some of the speeches moved me. Rep. Riza Hontiveros-Baraquel regretted that that Congress couldn’t be part of the process of reforming politics in the country. Rep. Rey Magtubo delivered a damning speech about his years in the house. Rep. Darlene Antonino Custodio made an early morning plea to the D.O.M.’s in the house “Can you feel our pain?” That made my hair stand. Dudut Jaworski's speech on the youth vote was noteworthy. And JDV revealed why the House had to kill the impeachment right there and then: the Senate cannot be trusted to give Arroyo a fair trial. Gotcha old man. That is the reason for all this farce. Why did you have to make Lagman and Villafuerte make a fool of themselves? Stop pretending that the Congress is bastion of reason, for the truth is it is the house of greed and self-interest. That much we already know.
But I’m proud of the young congressmen Cheez, Alan, Edmund Reyes, and Abaya. This fight is too big for them, so they lost it. But a good fight is also its own reward. Their time will come. I just hope that they won’t let the system get into them. For when the next Gloria Arroyo type becomes president and her dogs are too old to be around, we know we have these kids to hold the fort. Bravo.
Let’s hope that all those ugly, smelly (mga amoy lupa!), pot-bellied old-timers in the House who represent the worst of our politicians will retire soon.
Monday, September 05, 2005
Statement of Unity: Bukluran Para sa Katotohanan
We all seek the truth. We want the truth to come out. And yet every means for seeking the truth has been frustrated; every avenue for arriving at the truth has been blocked; and every opportunity to find the truth is being closed.
Gloria Macapagal-Arroyo’s response to our call for the truth has been to suppress evidence, hide her accomplices, engage in a grand cover-up, sow fear, foment distrust and use every instrument at her disposal to encourage division among our people.
We will not be divided in these critical times.
We say with one voice, Gloria Macapagal-Arroyo must go. For the good of the country, she must go. For the sake of our nation’s future, she must go. For the preservation of hope as a motive force in our national life, she must go.
We are united by the belief that this crisis must be resolved in a manner that is peaceful and democratic. Without the truth, there cannot be peace; without the truth, there is no genuine democracy. The truth must set our nation free.
Unite for the truth. Demand the truth. Defend the truth.
Kami ay ang Bukluran Para sa Katotohanan.
AKBAYAN Citizen’s Action Party
Ateneo Concerned Faculty and Youth
Bangon, Pilipinas
Bagong Alyansang Makabayan (BAYAN)
Be Not Afraid
Black & White Movement
Citizens for TRUTH (Transparency, Responsibility, Unity, Trust, Hope)
Citizens for Truth, Resignation, Impeachment, or Ouster (C4T)
Coalition for National Solidarity
Counsels for the Defense of Civil Liberties (CODAL)
De La Salle
FPJP Movement
Freedom from Debt Coalition (FDC)
Interfaith Movement for Truth, Justice and Genuine Change (IFM)
Kilusan ng Makabansang Ekonomiya (KME)
Laban ng Masa
Moro National Liberation Front (MNLF)
Peoples Assembly for Genuine Alternatives to Social Apathy (PAG-ASA)
Pwersa ng Masang Pilipino (PMP)
Reporma
Union of Muslims for Morality and Truth (UMMAT)
United Opposition (UNO)
Unity for Truth and Justice
UP AWARE
UP Diliman Student Council (UPD USC)
White Ribbon Movement
Women March
Youth DARE
Thursday, September 01, 2005
Supreme Court makes history
This is amazing. Justice Escolin and Justice Relova, esteemed retired Supreme Court justices who taught us remedial law in the Ateneo, never taught us that this could be possible. A law's application is suspended, in spite of the ruling that it is valid. And, the ground for the suspension is meant "to allow the filing of a motion for reconsideration"?
Got to get a copy of that case. I can sure have a lot of use for that. Tsk tsk tsk What these interesting times do to our laws...
Sun Tzu Advice No. 17: Fool if you think it’s over
It is strange to have a client who will hire you to sue herself. Politicians can be amusing sometimes. But we all know it wasn’t right. It was not right that Oliver Lozano’s impeachment complaint was initiated and sponsored by GMA’s crowd. It was not right that the people’s once a year shot at the impeachment process for legitimate grievances was stolen from them by the very people they elected. It was not right that we would never be able to get to the bottom of the Hello Garci Tapes and the Comelec pay-off as narrated by Zuce. The legal process has been subverted. The lone argument for the rule of law has been lost.
And so, before they pat themselves in the back, the Administration should expect the people going back to the streets. They should expect their ugly faces being lampooned in the editorial cartoons and on the web. The people will be all over them. They have pressed their enemy, the people, at bay.
Ma’am, it’s time to fortify the Malacanang gates. Make them high. Make them strong. And may God have mercy on your soul.
Wednesday, August 24, 2005
Where is George Washington?
When we got home, I opened the big book immediately and gathered my older sons, Juancho (six years old) and Hans (four years old) around it. Juancho was particularly impressed, and judging from his reaction, I expect that he would be opening this book regularly. But Hans -- well, after I announced that the book was about Andres Bonifacio, he asked, “ Where is George Washington?”. I dismissed his question as a joke, but after I explained to him who Andres Bonifacio was, I still am not sure if he understood.
Hans’s innocent question has made me feel guilty. What are we feeding the mind of this child? Cable TV, computer games, foreign written children’s books, Pixar and Disney movies? And what a shame it is that my Filipino son knew George Washington before he knew Andres Bonifacio. And this brings me back to my point, we need to make our children familiar, if not enamored, by our Filipino heroes. For it is only through the awareness and understanding of their history that our kids will appreciate what is to be Filipinos and find their place in the world.
But for a Filipino parent, the task is difficult. Mass media is dominated by Hollywood. I have not seen a decent film of Andres Bonifacio in my life. And Cristobal’s book is one among few books on the man that is accessible to all ages. There is very little about Filipino heroes on the bookstores and video shops. In spite of the fact that our history is never lacking in material, our mass media have not given our children a decent fare of Filipino heroes. It is quite an irony that in the age of mass media, Filipinos would have to pass stories about their heroes by oral tradition.
Why? One word says it all: chicken.
Our media moguls are afraid to exploit the untried and untested as they are afraid to lose money. And so they give us their regular mediocre material that rakes in the cash. But they are unaware that if only someone would dare, they would find a generation hungry for their heritage. And it might even be a more profitable proposition, for what could be a better reward than the certainty that our kids will carry on with the ideals of our heroes and avoid the sins of their forefathers?
Hollywood did it to them. Hollywood did it to us. It took away our courage -- the courage to be ourselves. Let’s not allow it to do the same to our children. I won’t allow it anymore. No. Not to my Juancho and Hans.
Monday, August 22, 2005
History Lesson No. 1: Why the revolution failed (and probably also why this nation will)
Apolinario Mabini
from Nick Joaquin’s A Question of Heroes
The full text of Mabini's "The Philippine Revolution" can be found here.
Monday, August 15, 2005
William Esposo on Raul S. Roco: Filipinos lose the best, keep the worst
"I am sadder for the upper and middle class members of our society who found refuge in the lesser evil. I can understand how much more difficult it would be for the masses to discern what is good for them. I can understand their attraction to showbiz types who comfort, humor and entertain them in the misery of their daily existence. But the supposedly more educated, more informed upper and middle class members of society who we expect to have better sense and propriety - there is no reason at all for them to select the lesser evil.
Because of them, the lesser evil has made our country a virtual hell."
No Sun Tzu today.
Friday, August 12, 2005
Saklolo Leano: A Seasoned Litigator to the President's Defense
I blogged:
"8. Saklolo Leano
He is considered as one of the few experts in aviation law, and is constantly battling the world's best lawyers in this field. I had the privilege of working with him in the multi-billion peso construction arbitration case against a French contractor and would forever be in awe of this great lawyer. Sak was our hitman against the French's expert witness, a lawyer-engineer with very impressive academic and professional credentials. Sak cross-examined the expert witness like a cook peeling off the skin of an onion. He was subtle, precise, organized, logical and persuasive. The French tried his best to live up to his client's expectations but he was no match. At one high point of the cross-examination, Sak, with his pleasant and clear voice told the witness, 'Mr. Smith, I am very sorry to say this but you do not have the slightest respect for the Philippine courts.' We won PHP 700 million in that case."
Legal 500, a publication, which rates and recomends lawyers based on their expertise, lists Platon Martinez Floes San Pedro & Leano, Sak's firm, as one of the top litigation firms in Manila.
Unlike the defense lawyers in the impeachment trial of Erap Estrada, Sak is a charming mild-mannered lawyer. He doesn't have a reputation of being a cheat. And he is not likely to offend people in the event that he has to object to every question of the prosecution team a la Atty. Flaminiano in the Estrada impeachment. The only factor that might go against him is that Sak is now in his late sixties or early seventies. I hope he will be able to stand the rigors of this impeachment trial. But I'm sure, he will be able to live up to his reputation, give the President a fair trial, and help the nation uncover the truth.
Friday, August 05, 2005
Raul S. Roco: grand answer to the clarion's call

I took this photo on December 30, 2003, the day Senator Roco filed his certificate of candidacy for President, and also my wife's last day as a reporter for ANC.
The last line of the San Beda College alma mater song goes "Bedans will answer the clarion's call, for San Beda, our country and God." I thought that it was a cliche, but we sang that hymn every school day in high school. And each time we did, my schoolmates and I got a little more committed to its meaning. Raul S. Roco wrote that line, and the rest of the lyrics of the Bedan hymn in his youth. And somehow, in his death, we can say his place in history is secured, his life highlighted by the lyrics he wrote for his fellow Bedans.
He was an English major. He claimed he wanted to be a poet, but because of the urgings of his dad, he turned to law. And poetry's loss was law's gain. Of the many laws he authored as a congressman and senator, one of the most important is the Securities Regulation Code. The law was passed as a reaction to the BW Scam. It demutualized the Philippine Stock Exchange (PSE), removed the broker's monopoly of the PSE, and transplanted key concepts of American securities law to the Philippines, such as tender offer, independent directors, and the code of corporate governance. What is amazing is that then Senator Roco was successful in getting this key legislation passed while being an opposition senator. And President Estrada, who is blamed for the BW scam, even affixed his signature on it.
During the impeachment trial of President Estrada, Senator Roco was the sage voice among the senator-judges. When Senator Miriam Defensor Santiago questioned Jasmin Banal, a young lawyer witness, for moving from a high paying law firm to a low paying law firm, and insinuated that the move was unbelievable, Senator Roco rose to save the lady and the rest of the legal profession from embarassment. He asked Jasmin Banal what was written in the marble etching at the Malcolm Hall of the UP College of Law, where Jasmin Banal and Miriam Defensor Santiago studied. Roco guided Jasmin as they quoted Oliver Wendell Holmes. "The business of a law school is not simply to teach law or make lawyers but to teach law in the grand manner and to make great lawyers." And it served as a reminder to all lawyers that the business of lawyering is not simply to practice law (and make a lot money) but to practice law in a grand manner and to become great lawyers.
His work as Education Secretary is likewise remarkable. He was the only Education Secretary who successfully implemented the scheme of paying teachers' salaries through automated teller machines (atms). For years, syndicates resisted the scheme, because they made money on teachers who had to encash their pay checks from banks. Capitalizing on the teachers' needs for money, the syndicates discounted their checks at usurious rates. And teachers had to live day by day on their low salaries that get even lower when discounted with loan sharks. The atm machine removed the syndicates from the equation as teachers got their salaries in full through the atm. The scheme also eliminated the teachers who existed only in the payroll and saved the department a lot of money for other things. In one forum, a teacher complained that she was too old to go to an atm machine. Roco's undersecretary Ernie Pangan quickly remarked, if you are too old to go to an atm machine, you are too old to teach.
For two years, I had the opportunity of negotiating corporate acquisition deals with his law firm. He hovered in the backgound, but his associates' work bore his marks; they were meticulous, competent, persevering, and ethical. His law firm and its work is also one other lasting legacy he would leave the legal profession and the nation.
Roco never became President of this Republic. But even then, he became a great lawyer, congressman, senator, and education secretary. True to his word, he answered the clarion's call, and he did it in the grand manner. He made us all proud we are Filipinos. May he rest in peace.
Wednesday, August 03, 2005
Second test on Zuce's story: What dinner at the lower level?
He said "lower level". Note this detail. They didn't have dinner in a room or in a garden. They had it at the "lower level".
The term "lower level", does this mean the basement of PGMA's house in La Vista? Why then didn't Zuce say it was the basement? Does this mean that PGMA's house in La Vista has a lower level, which is not necessarily the basement of the house, and 27 people or so would fit and have dinner there with tables arranged? This is easily verifiable.
And if the Administration's attacks against Zuce is true (that he was a minor functionary and therefore could not have been involved in sensitive matters), how come he is familiar with PGMA's house in La Vista? Are minor functionaries of the government allowed at PGMA's private La Vista house? What kind of security guards do they have in that subdivision that minor government functionaries are allowed to have dinner at the President's private home? Perhaps, Zuce is a minor functionary, who is major enough, as it were, to be allowed to go to the President's private abode.
Maybe Zuce is just imagining that PGMA's house has a lower level where 27 people could have dinner?
The devil is in the details. Does PGMA"s house in La VIsta have a lower level?
Tuesday, August 02, 2005
How to Test Zuce's Story
Every government official who is sent to "out-of-town" meetings is required to make a travel report soon after arriving from the trip. In this travel report, she states the itinerary for the trip, the time spent on a particular place, the purpose of the meeting, and a liquidation of advances for the trip. She is also required to attach the plane ticket, the boarding pass, the airport terminal stub, and the official receipts for food expenses. This type of paper work is a serious matter attended to normally by government officials, because a mistake in the travel report here and there can spawn a few administrative and criminal cases. A supervisor level official in the government has made enough travel reports in her career to get to that level.
Michaelangelo “Louie” Zuce, the presidential staff officer, who presented an affidavit, stating that 27 COMELEC provincial election supervisors from Mindanao were treated to a dinner in the La Vista residence of the President sometime in January 2004. See PCIJ background article here. Zuce claims that GMA arrived at 9:00 pm after dinner. Baby Pineda, wife of Bong Pineda, introduced the COMELEC officials one by one to the President. The President then asked the COMELEC supervisors to support her in the 2004 presidential elections. Other things happened that night, but at the end of the night, Zuce writes that "While we were living, Mrs. Pineda gave RD Johnny Icaro of Region 4 white envelopes for all of us. When we opened them in the vehicles, we found that each envelope contained P30,000."
Did this happen? Is Zuce a fake? Check the travel reports. They should be in the Finance and Administration office of the COMELEC regions.
Wednesday, July 27, 2005
Sun Tzu Advice No. 16 "Deception does not work in politics."
Whoever advised the President to take the charter change to the top of the agenda has employed a clever ploy. It's obviously a diversionary tactic, a way to skirt the issue by bringing out a new one in the hope that the second one will be more controversial and bury the old one. It's also a litttle carrot for Speaker Joe De Venecia, an ally of the President, to ensure that he does not move over to the other side and sign the impeachment complaint. And the President chose the State of the Nation Address as her stage to bring out the charter change card to employ the pomp and glamor that goes with this state ritual in highlighting the charter change agenda.
But here is the problem: deception works in war, but not in politics. Again, I attribute this mistake to poor intelligence work. All she has to do is look at the list of people out to get her to resign and she would know that the charter change plan will not work. Did her advisers think that they can divert Cory Aquino's attention away from the real issue of the day? Did they think Senate President Drilon will buy that? And the Makati Business Club -- I can almost hear them say, "Geez, thanks, more instability to ruin business."
What about her allies in the Senate? Senator Joker Arroyo's voice has not been heard lately. Do her advisers think Senator Joker Arroyo will continue to stay silent now that deception is about to be employed. Senator Manny Villar's quest for the Senate Presidency and the Presidency of the Republic is about to be smothered by charter change, do they expect him to be quiet too?
Ma'am, history has been unkind to liars. Deception can get you nowhere. Ditch the plan.
Thursday, July 21, 2005
Blogs of the Round Table: Can we handle an impeachment verdict?
I might not have internet connection to join the Blogs ofthe Round Table this morning as I need to be in Tarlac by 11:00 am. So I'm posting my thoughts ahead and hopefully people will find it a worthy read.
If we are looking at the impeachment as a peaceful way out of this crisis, all we need to do is find the answer to one question: Can both parties accept defeat?
The question is relevant, because naturally the impeachment will come to a conclusion. At the end of the process, there will be a verdict. Will this verdict be accepted? Are the parties open to a scenario of losing? Can Gloria accept a verdict of guilty without the Villaraza lawyers hauling off the controversy to the Supreme Court for a TRO or some other legal maneuver that their lawyer wizards can think of? Can the people accept a not guilty verdict without staging another walkout and another stakeout at EDSA?
If the answer is yes, then impeachment might work. If the answer is no, then impeachment might bring about more dissension than consensus, and even the dismemberment of the Republic!
Heaven forbid. Heaven forbid.
Wednesday, July 20, 2005
Sun Tzu Advice No. 15: Don’t Make Mistake No. 3
Mistake No. 1: The Apology
Mistake No. 2: Micro-managing the Crisis
Mistake No. 3: Truth Commission
The Truth Commission is not her battleground. She would be under extreme pressure to appoint men and women of integrity to make the idea work. She would have to give that commission broad powers to investigate. They should be able to issue subpoenas, examine witnesses, cite people in contempt, and hold public hearings. It is going to be another spectacle for her enemies to feast on. Worse, she will not be able to control it. Any person of integrity who would accept appointment on the Truth Commission will not be susceptible to political pressure. They would not be beholden to anybody but the truth. And as everyone knows by now, the truth is going to hurt.
Ma’am, don’t make Mistake No. 3.
Tuesday, July 19, 2005
Sun Tzu Advice No. 14: "Whack those Phones"
Last night, somebody told me another cellphone story. It's not another wiretapped cellphone conversation, but a cellphone call simply etched in memory that pointed to another compromised institution.
Allegedly, after the Supreme Court issued the temporary restraining order (TRO) against the implementation of the VAT law, SOMEBODY called Mr. Cesar Purisima. The voice on the the other end confirmed that the TRO has been issued. "Yung hinihingi niyo sa Supreme Court binigay na." This phonecall convinced Mr. Purisima it was time to go, and it was time to go with a bang. Is this story true? Who made that call to former Sec. Purisima? Why did it convince him to leave? What did Mr. Purisima mean when he said that he cannot give further details on the TRO or the VAT, because it would get him into trouble? In the Philippine Star headline today, Mr. Purisima denies having a hand in the publication of the story, which came out in Boo Chanco's column from the same newspaper, "This has no basis". Mr.Purisima is further quoted, "I wish to make it clear that I never gave Mr. Chanco an interview on these matters, and that I never made any such statement or opinion in any foum or to anyone else. In fact, I wasted no time in calling Mr. Chanco to personally ask him to reveal his sources, because I did not have any participation in the publication of his article or in the utterrance of any statement or opinion therein contained."
Those cellphones, tapped or untapped, pose a danger to national security.
Ma'am, whack those phones.
Saturday, July 16, 2005
Sun Tzu Advice No. 13:"Watch out for the Renegades"
The opposition might not have intended it, but the resignation of the eight cabinet members and two senior finance officials took away a lot from GMA. The renegades, as it were, lent a lot of credibility to the GMA administration.They helped managed the economy through the hard times, although the hard times are still around. Without them, GMA's government is left mostly with operators who will take GMA's warrior agenda to the top of the list of every government office in this country. Of course, GMA is still strong, but the renegades were important to her. And if the opposition consolidates and use the renegades against her, she will have to do as they please.
What do the renegades have? They have answers -- answers to questions that GMA has since managed to sweep under the rug, as it were. How much did the government spend in the last few months leading to election for projects that were intended to boost the President's candidacy? How much of these expenditures would have been recouped by the VAT Law? How could they have thought of spending all that money for the President's re-election bid and taking it back in the form of taxes right after? Was that the reason why former Finance Secretary Camacho resigned in the months before the election?
Did the President really suggest that the implementation of the VAT law be suspended because of the current political crisis? Did her nonchalant reaction to the issuance of a temporary restraining order (TRO) mean that she got what she wanted? How could she have wanted to have the TRO against her own centerpiece finance program?
Who recommended Garcellano to the Comelec? Why was he appointed to the Comelec in spite of his reputation in the past elections? Why was the President calling Garcellano during the peak of the canvassing of votes from Mindanao? What other sins of the President were discussed in their cabinet meetings for which the Filipino people deserve an apology?
The order of the day is to woo the renegades back into the fold. It would not help to call them traitors and ostracize them further by maligning their integrity. Instead, they should be convinced and persuaded that it is their best interest to go back to the side of the President or at the very least stay away from the opposition. If the President is unable to win them back, it would spell her doom.
Ma'am, they have the goods on you. Watch out for the renegades.
Sunday, July 10, 2005
SUN TZU ADVICE NO. 12: ”Ma’am, leave this war to the Pros”
Thus we may know that there are five essentials
for victory:
(1) He will win who knows when to fight and when
not to fight.
(2) He will win who knows how to handle both superior
and inferior forces.
(3) He will win whose army is animated by the same
spirit throughout all its ranks.
(4) He will win who, prepared himself, waits to take
the enemy unprepared.
(5) He will win who has military capacity and is
not interfered with by the sovereign.
If you read between the lines of the statement of the ten cabinet officials who resigned en masse yesterday, you will find that the President is committing one basic mistake in the management of the Gloriagate Crisis. The statement of the ten cabinet officials is implying that the President was making decisions with the paramount concern for her political survival rather than the national interest. What does this mean? GMA appears to be managing the political war herself.
In Ricky Carandang’s interview this evening, former finance secretary Cesar Purisima said that the President herself told Purisima that the implementation of the VAT law should be delayed. The VAT Law would have caused an increase in the prices of commodities, including gasoline, had its implementation not been restrained. A political manager at war would have seen this as another source of discontent that would propel more people to the streets. But economic managers have maintained that the VAT Law was urgent and necessary for the country to get out of the economic mess. Well, it seems GMA, the political war manager, prevailed over GMA, the PhD in economics, on this issue. I don’t know if this confirms the rumor that the President herself maneuvered to have the VAT Law restrained by the Supreme Court, for which reason Purisima decided to leave. But before Purisima made that statement about GMA’s decision to delay the implementation of the VAT Law this evening, he did not confirm that it was a factor in his decision to resign, saying that there are things he couldn’t say lest he would get into trouble. Go figure.
In her statement the other night, GMA also said that she decided to make the apology a couple of days ago against the advice of counsel. Well, I thought making the apology was GMA’s biggest blunder in this crisis. Now, it appears her biggest blunder is actually the fact that she is running this political war herself. “Hands on leadership” is how they call her style. But that goes against the basic principle of war that the sovereign should leave the war to the generals. This management style already got her into trouble when she ran her own election and post-election operations -- that’s why they got her on tape with Garcellano remember? This hands on style will only get her into more trouble.
Why should the queen not run the political war? The political generals know better. The skills required for governance are radically different from the skills required for running the war. More importantly, only the objective detachment of a professional can figure out an emotionally wrenching experience such as Gloriagate. Look at all the mistakes that she has made. The apology is a blunder, because it woke up the already pacified Susan Roces. Delaying the VAT Law implementation is another blunder, because that caused her to lose ten key cabinet officials, who not only resigned, but also went on air to call for her resignation, disgruntled that her warrior agenda has ruined her governance agenda.
A lawyer who has himself as a client has a fool for a client. Atty. Punzi puts it better. A barber goes to another barber for a haircut. Have you ever seen a barber who cuts his own hair? As it is in the legal profession and the barbershop, so shall it be in this political war.
Ma’am, with very little time left to salvage your cause, you have to leave it to the pros.
Tuesday, July 05, 2005
Neither here nor there
"We do not demand that the President resign, but we do ask of her, as the duly proclaimed Chief Executive of our Republic, to determine what is best for the country, and that her decision be made with the best interest of the nation in mind," the Ateneo Law School said in a statement issued by Dean Cesar L. Villanueva."As our President, we must rely on Ms Arroyo to make the proper decision, and once having made it, to then follow what would be in accordance with the terms provided for in our Constitution," he said.
"As our President, we must rely on Ms. Arroyo to make the proper decision, and once having made it, to then follow what would be in accordance with the terms provided for in our Constitution," he said.
This is a safe position to take. It's what old lawyers say as "neither here nor there" argument. And you might be wondering why this is how they stand. I have a theory. The Ateneo Law faculty is composed mostly of law practitioners in the big law firms in Makati who are counselling big time business supporters of the President. These lawyers are beholden to their clients who do not like their lawyers to be nosing around politics, especially when it threatens business. Now, as big business has thrown its support to GMA, can we expect their lawyers to take a diffferent position?
Compare the Ateneo's position with that of UP, and you wonder why these law schools have different takes on Gloriagate. Well, UP Law School is dominated by law academicians. Their roster is full of LLM's from Ivy League schools, and many of them write good and competent legal papers that affect social policy. JJ Disini and Sassy Lawyer can correct me if I'm wrong, but my impression is the UP law professors are not beholden to big business. Thus, UP Law's stand on the matter is clear, idealistic and principled.
Is there something about being an academic that makes you throw all caution to the wind, so to speak, when you find something condemnable and you condemn it? And is there something about being a lawyer, that makes you hesitate -- and perhaps, even cower in fear -- in the same situation?
How come UP and Ateneo do not have the same position on Gloriagate? UP Law is run by academics, and Ateneo, by lawyers.
Saturday, July 02, 2005
Where have you been all my life?
Yesterday was one of those days. I was prepared to buy a mac mini just to give the mac format a try. If it didn't work out, I thought the kids could use it for their own needs. But blame it on the wife and the friends who talked to me before I walked into the Power Mac Center in Megamall, for when I walked out of it, I had with me instead an IMAC G5 17 inch, 2 ghz, 512 mb with 160 gigs of memory.
I tinkered with it for less than an hour, after which I told myself, I think I already know how it works. It's very much like windows without the hang times, the long boot, and the spyware. To deal with the compatibility issue, I also bought a Microsoft Office for mac. When I plugged in my USB drive (in the keyboard!), my docs were all accessed by the mac. So I can say now for sure that the compatibility issue is not an issue. It's a myth. I have not spent more than 24 hours with this beauty, and I'm already wondering where has it been all my life.
My kids love the nanosaur game that came bundled with the mac. The 17 inch screen has solid realistic and detailed rendering of images that could even be better than those in the latest playstation. The dinosaur animation is incomparable to anything I have seen. And in spite of stunning graphics, the mac doesn't slow down or hang. Pardon me, but I really feel liberated.
The best thing about this mac is -- it is a work of art. Everything is in the monitor. The display is the computer, as the Apple website says. "The iMac G5 hangs suspended from a graceful anodized aluminum stand and its widescreen display lets you retouch photos and surf the web while you chat with friends or scan email wirelessly, thanks to built-in AirPort technology, and see everything at the same time." This is not a sales pitch; it's the amazing truth. Computers can be like this.
One of these days, if I chance upon Atty. Tadiar, I'd tell him, shifting from a mac to a pc is indeed difficult, but shifting from pc to a mac is like discovering you can breathe.
Thursday, June 30, 2005
Sun Tzu Advice No. 11: Time to Consider Plan B
Whoever advised the President to make the apology did poor intelligence work. Why did these adivsers ever think that the Filipinos would be happy with an apology? That's pure wishful thinking. To have a President saying I'm sorry to everybody does not appeal to people's interest. It would not make their lives any better. It would only make it more fun to lampoon the President. If these advisers thought that this crisis would go away now, they are wrong. This crisis is now about to dominate everyone's life, and the ending is clearly visible.
"What profits a woman if she gains the entire world but loses her soul?"
Ma'am, the time has come for you to consider Plan B.
Wednesday, June 22, 2005
The politician of God's love
I feel blessed to have lived in the time of Jaime Cardinal Sin. May he rest in peace.
Saturday, June 18, 2005
Sun Tzu Advice No. 10: Time to use the "P" word.
The President can still win the battle for public approval in this controversy about her wiretapped conversations. GMA should show everyone that this controversy is less about cheating in the elections, but more about private conversations being kept private.
It's time to argue the case for the "P" word. It's time to tell the State it went too far. Private time is private time. As in the case of an ordinary individual, whatever the President does on her private time is beyond the public domain. The right to privacy is a fundamental principle of the Filipino's social pact with the Philippine state. Violate the right to privacy, and the social pact is broken.
At first, everyone may disgree with the invocation of this right in this particular case. Yet, imagine for a moment, that Mrs. Arroyo is not the President. Take this case in isolation of the political reality. Is it really proper for the people to feast on her private cellphone conversations? Is it right for the State to meddle with anybody's phone calls without the proper procedures?Do we all have to explain to the Philippine State the meaning of our conversations?
The question of the day is not whether she is one of the voices on the tapes, but whether anyone has any business listening to the tapes. First things first. If the State will uphold the right to privacy of a sitting president, the most public of this country's private citizens, then the State will uphold the right to privacy of the rest. Is anybody arguing that the President has no right to privacy? It's preposterous. It's like saying she cannot close the door when she goes to the bathroom. The privacy she enjoys is the privacy we can all enjoy. How can anyone argue with that?
If people think that the "Hello Garci" ringtones are cool, then they missed the point. The joke is on them. Somebody has spooked the highest official in the land. What makes them think it cannot happen to them? Their darkest secrets will never be safe, and they will never be able to live with it. Senator Serge Osmena has been distributing copies of the wiretapped conversations of the President to challenge the Justice Secretary to sue. But Senator Serge should watch out, for what if he too has been spooked, and the tape is mixed with those he distributes? One of the voices in those tapes might turn out to be his. What dark secrets of the good senator would be revealed? Will we find out what really happened in his Eskapo story with the late Geny Lopez? The right to privacy that he is violating might as well be his.
While I still believe that waiving the benefits of the anti-wireapping law is necessary in order for the people to bring the crisis to the courts instead of the streets, I am also saying that the President should raise the issue of privacy to the bar of public opinion. She should appeal to their sense of decency. Decent people do not listen to private conversations, for at the end of the day, no one is perfect. Each has his dark little secret, and no one has the right to publicize someone else's dark secrets -- most definitely not without consent.
Ma'am this is your strongest argument: "The right to privacy has primacy." Sun Tzu says attack.
See Atty Punzi's accompanying blog lecture on the right to privacy here.
(revised post)
Thursday, June 16, 2005
Sun Tzu Advice No. 9: "Ma'am we have a new crisis."
GMA is no longer in an immediate danger of being ousted. The people have not taken the streets, and there are no crowds converging in any historic site. Likewise, the opposition failed to find a leader to coordinate the assaults. But the public opinion weighs heavily against the President. This is going to be very nasty.
We can expect the President and the First Family to become the butt of jokes. She is going to be lampooned on the radio, tv, newspapers and the internet. Already the "Hello Garci" ringtones are a hit. Iggy Boy's "walang bagyo-bagyo sa 'kin" statement is now animating conversations everywhere. A lot of creative energy is going to be spent making fun of the First Family in the grand tradition of Plaridel and Dimasalang. How can she possibly live with it? Her people would address her as her Excellency when she's talking to them , and they would be calling her a cheater when she turns her back. Can she trust that her bodyguards would not have the "Hello Garci" ringtones on their cellphones? Trouble is, how long are the jokes going to last? She still has a full five years in her term. It is going to be an emotional hell.
The DOJ and the NBI have apparently been instructed to run after people distributing the wiretapped tapes. But with the current technology that allows anyone with a computer to download copies on the internet, it would be impossible to capture all those copies. Further, the legal disputes that the effort will create is going to be another potential source of embarassment. If they reach the Supreme Court, these cases would serve as written history for future generations to remember a President who ordered a Comelec commissioner around during her reelection. This reminds me of Richard Nixon. What do we remember about him but only the freshman law school staple, US vs. Nixon ? All that Nixon did as President of the US are just footnotes to this case, or mere embellishments in the movies that the Watergate Scandal spawned.
This brings me back to Marcos and his own Comelec back in the 1986 snap elections. The Filipino people knew Marcos controlled the Comelec, but no direct evidence against Marcos was ever produced. GMA has three hours of telephone conversations with Garci. It makes Marcos look like an amateur. History will not be kind.
Perhaps, GMA will manage to stay as President. But the people will remember her unkindly. Ma'am we have a new crisis.
Tuesday, June 14, 2005
The Sun Tzu Advice No. 8: "Seize the Sun Tzu Moment"
The initial battles are over, but the war has not been won. While Sammy Boy has been temporarily neutralized -- thanks to his own folly, he was sent out of by his hosts in San Carlos Seminary -- the endgame scenario has not been drawn. GMA should take a look again at her political screenshot. Has there been any shift in loyalties among her people? The public sentiments appear to be clearly red or white, but very few are willing to take the streets again unlike in EDSA I and II.
Thus, the timing is perfect for her to make the strong pitch for the constitutional process. She and her allies should start barraging media with appeals for sobriety and the need to uphold the rule of law. She should start challenging people to take her to court, instead of protesting in the streets. As stated in the previous posts, the sooner that this crisis is brought to the courts, the sooner that it will be resolved. With her renewed strength, thanks to Sammy Boy's disappearance from the public's eye, she should focus now on convincing the public to trust the system. Trust Congress that it will consider the impeachment raps. Trust the Ombudsman to consider the curious case of Mikey and Uncle Iggy. She should stop those speeches that tend to brag about her accomplishments in office. It's easier to convince people not to take the streets, because there are laws to be followed, than to tell them not to take the streets, because she is a good president.
The inherent weakness of the opposition is its lack of organization. This means she can reach out to them one by one, win them over, and ruin their spotty alliance. She should start reaching out to the opposition senators. Perhaps, it's time for her to apologize to Senator Pimentel for her abrupt decision to ditch the Salonga-Pimentel senatorial slate in 1992 in favor of Lakas? Perhaps Mike Defensor can now apologize to Sen. Madrigal for his harsh statements about her family and plead to her to stop calling for the President to resign? Whatever it takes, she should crush the opposition by winning over their most respected men. Now is the perfect time to do so.
This is what I call the Sun Tzu moment -- the exact moment when the falcon should strike and break the body of its prey. GMA should seize that moment now.
Sun Tzu Advice No. 7: "Let Sammy Boy Go".
Free. Free. Set him free. - Sting
MLQ3 reports on the rumor that there was a grand debate in the palace on the right approach to Samuel Ong. The military wants to have him arrested to silence him forever. But the civilians, namely Sec. of Defense Nonong Cruz and Sec. of Environment and Natural Resources Mike Defensor, think such move will backfire. Who is thinking Sun Tzu here? The civilians, of course.
As stated in advice nos. 3 and 5, this crisis should be fought in the courts and not in the streets. If Sammy Boy is arrested, that leaves the enemies no option but to take the streets. And the streets are where the President is sure to loose this crisis. While Sammy Boy cannot be allowed to roam around carrying those tapes, putting him behind bars would create a negative impact that may be hard to contain.
Thus, the best way to deal with Sammy Boy is to give him a clean way out. Another country may offer him asylum - Swizerland, Canada, USA, Timboktu perhaps? If you let Sammy take an asylum in another country that would take care of his concern for his safety, and that would also take him away from the reach of the street parliamentarians. And please, the legal objections on those tapes have to go, otherwise. the government would have to arrest everybody who has posted copies of the tapes all over the web. Bad move. The people will surely take the streets if that is done. The legal objections have to go, so people would take the matter to court instead.
Monday, June 13, 2005
Sun Tzu Advice No. 6: "Watch your back."
"If a critical mass of Cabinet officials, especially those known as reformists and not associated with her husband, Mike Arroyo, threaten to resign unless she steps down. The specter of the most respected Cabinet members resigning would eventually be the deathblow that would lead to the collapse of her government. Even if she were to replace them, it would only delay the inevitable. The damage to her of mass resignations would just be too great for her to survive. In other words the only choice President Arroyo would have in this scenario would be to step down in an orderly fashion or have her government eventually toppled in a messy coup or revolution."
In the light of this proposal, GMA should now check her political screenshot. Who among her cabinet secretaries are the targets here? Immediately, we can point to Cesar Purisima, Secretary of Finance, and Butch Abad, Secretary of Education, who are among the most respected names in her cabinet. She should have these two scouted -- Butch Abad in particular, because Butch has the social democrats and the Liberal Party with him. What should she do if these guys' icons, which I presume to be green, turn white, and then eventually turn red? She should move heaven and earth to convince these guys to stay. But would they be able to carry the pressure from the left of center and from their constituents to make the move? This is where GMA can truly test her political skills. Can she keep her most respected people in the fold?
What did Vito Corleone say? "Keep your friends close to yourself. And your enemies closer."
Interesting times we live in.
Sun Tzu Advice No. 5:"Ma'am the lawyers have to go."
GMA has to waive the protection afforded to her by the anti-wiretapping act. Pounding the wiretapped tapes with all legal might will only make her enemies desperate and take the streets. I stated earlier that if this battle is fought in th streets, GMA is sure to lose it. But if this battle is fought on the courts, she has a fair chance of winning and surviving her term. If she waives the legal objections to the wiretapped tapes, then this will pave the way for the sensible people in the opposition to take the legal route of this crisis. Of course, the reds will stick to the streets, but that's expected of them. What is important is that the masses could be dissuaded from taking the streets because there is a democratic and legal way to resolve the conflict created by the wiretapped tapes.
Everyody knows at this point that the tapes are being brandished as the smoking gun of how she cheated in the elections. At present, her crisis team has received orders to prosecute all found to have possession of the same, including those who posted copies on their web pages. I don't know where GMA got this advice, but that person has no understanding of political strategy whatsoever. The adverse energy created by the tapes could be compared to water, it will seek its level. It will push where there is low gravity, and GMA will need a basin strong enough to contain its enormous power. Does she have this basin on hand? Will it last long enough for her to make it through? The answer is, of course, no. Nobody could possibly handle that, not for a long time. Remember Erap and his envelope no. 2? That legal ploy to defeat the motion to open envelope no. 2 sparked EDSA II. What's the lesson to be learned? Stonewalling the truth using legal tricks does not sit well with the Filipino psyche. It has led to the ouster of a President, and it is still as potent as ever. Thus, there is no use capturing all copies of those tapes. She has to waive all her legal objections to it, so the people will go to court and not the streets. Otherwise, she is going to have a desperate foe. And Sun Tzu says beware the courage of a desperate foe.
Ma'am, the legal objection has to go. If your lawyers do not approve, then your lawyers have to go.
Sunday, June 12, 2005
Sun Tzu Advice No. 4: "Act fast"
If there is one thing going for the President in this hour of crisis, it's the fact that her enemies appear to be running around like headless chickens. The volleys are uncoordinated, sporadic, aimless, and at best amateurish. In other words, they don't know what they are doing. And Sammy Boy -- the guy simply wants to save himself from sure death. The question is how come it isn't over yet? It's been three days.
If the President allows this situation to be in this state beyond the Independence Day long weekend, her enemies will have enough time to sit, plan, and coordinate their moves. Sure, the movie fans, thanks to their political naivette, are unlikely to merge forces with the left. But for how long? Sooner or later, they will learn. Even lab rats learn from mistakes. Who knows?
High in the agenda is to take out Sammy Baby. By now, we all know his motivations. He thinks he is trapped and his only salvation is on those tapes. How come GMA hasn't struck a deal with him for his clean way out? Give the poor man an exit, a UN appointment, a political sanctuary, get him on an asylum to Switzerland -- whereever in the world where he can shout to his heart's content that GMA cheated in the elections. It doesn't matter. What matters is that he is out EDSA and out of reach from the street parliamentarians.
Ma'am read my lips: Act fast.