Monday, August 4, 2008

Can Justice Be Bought?

By Ciriaco Guingguing
Sunday Post Publisher

Justice can be both er bought?
 
 To this Bglante, dispensing justice and engaging in making news stories have one thing in common. They can be both.

 Both here as in justice means it can be bought or in most cases it is decided on its merits. As for newsmen, the men behind the news can be both either in cold cash or in cold blood. Although there is an exemption to the rule. For God's sake there are still newsmen who are true to their calling. They practiced the profession with utmost honesty. But in this dog-eat-dog media environment, looking for an honest media man is like looking for a needle in a haystack.

 Now back to justice as a traded commodity in the auction block. After all, this thesis is more on the justice side rather than on the commercial aspect of news stories.

 If justice is reduced to something like a commercial product, then any discussion at this time of its ugly side is quite timely. Remember how the Court of Appeals is now the object of charges and counter charges involving a questioned decision of its 9th division. According to news reports, charges of bribery characterized the favorable ruling in the case of Meralco vs GSIS.

 We don't have to delve into the nitty gritty of how justice was being prostituted in this high profile case but suffice it to say that there was a whistle blower who exposed that money changes hands ranging from P50 million to P10 million.

 Nobody can tell how this scandalous episode will turn out. But one thing is certain, the CA as an institution is badly tarnished and it will take a long, long time before its image will be back to what it was before.

 Even the Supreme Court, the highest court of the land, is not immune from charges of wrongdoing. Remember the accusations of topnotch lawyer Victor de la Serna that one of the justices handling a case he was representing was a recipient of a P10million land case in Panglao. The case is still pending resolution by the SC division handling the case while de la Serna was slapped with a direct contempt charge.

 Are the lower courts (RTC, MCTC, MTC) any better than their higher counterparts. The famous saying among lawyers is the name of the game. It differentiates the good lawyer and a great lawyer. For the uninitiated, it means a good lawyer knows his law while a great lawyer knows the judge.

 There you are. It is common knowledge among lawyers in lower courts that there are cases decided not on the basis of their merits. These cases were won on the strength of the judge whose decision was bought by sums of money either by the litigant or through his lawyer.

 Of course, this can be viewed as too sweeping a statement. Because we still believe that there are still judges out there who are as a honest although finding them is like Deogenes looking for one in a broad daylight. 

 The prosecuting fiscals?  They are as guilty as hell when they allowed their resolution to be influenced by the color of money. Although we are not pointing an accusing finger to any of the three prosecutors clearing former mayor Doloreich Dumaluan of Panglao and two others that their resolution was the product of questionable circumstances, it was enough that the counsel of the complainants posed a loaded question on the contention that one of the key witness was coached and paid. The broad hint which the lady counsel certainly dedicates to the three prosecutors who agreed among themselves that they found no probable cause to indict Dumaluan et. al for homicide speaks of volumes.

 On the contention that the key witness was coached and paid, the counsel for the complainant retorted what can prevent the private complainants who are simple farmers who can hardly afford to make both ends meet, to be convinced that the majority of the prosecutors were coached and paid.

 Earlier, the same counsel for the defendant hinted in her motion for reconsideration in the Dumaluan case of a "P2 million floating in the air", whatever that means. 

Raging Debates on Philippine Reproductive Health Bill

By Romy Teruel
Sunday Post Columnist

As we have predicted the Reproductive Bill now in the House of Representatives continues to heat up even after Pres. Gloria Macapagal-Arroyo stated her preference for the natural method of family planning during her State of the Nation Address (SONA) last Tuesday.

 That there is debate on the issue is a good indicator that whatever decision will be made on it will at least have passed all levels of scrutiny. What is important is that whatever decision is arrived at carries with it the best and popular sentiments of the people guided by the intelligent discussions.

 The Catholic Church has stood pat on her stand to oppose the Bill based on her teachings as enunciated in Pope Paul VI's encyclical, "Humanae Vitae." The prayer rally last Tuesday to voice opposition to the Bill attracted a huge number of Boholanos mostly the young.

 Both positions have been defended staunchly.  The Catholic Church's aggressive campaign against the Bill is understandable.  As guardian of morality the church has the obligation and responsibility to act like one.  If it fails in this one, it would have failed in its task and it could be a dangerous precedence for future campaigns where it must involve itself.  

 The question asked by those pushing the Bill is "Must the Church always win even in issues that are clearly secular?"  The supporters of the Bill see it as the right response to the problem of a runaway population that is always being tied to the problem of unrestrained poverty and economic deprivation.  

 Under "Humanae Vitae," the Church spells out why artificial contraception is intrinsically wrong.  Artificial contraception, as against the natural method of self-denial during the ovulation period of the woman, closes off the openness to life which a true Catholic marriage always holds true.  The convenient option that artificial contraception offers negates self-discipline and reduces human beings to mere animals driven by the instinct for immediate self-gratification.

 The sexual act is one of  the great divides between human beings and the ordinary animals and insects.  Ordinary animals and insects do the sexual act to procreate and maintain the species.  That is why they do it only when the female is on heat. Human beings are different.  They do it regardless of the fertility of the female specie.

 Now is the use of artificial contraception to prevent conception or fertilization of the female egg a violation against natural law?  Does one using it diminish his or her nature as human being?  Abortion cannot even be inferred in this because there is no conceived human being to be aborted to speak about.

 It will be different when the artificial contraceptive being used is one that induces abortion of a fertilized egg because then there is already a human being to speak of.  The RH Bill is specific about abortion being illegal.

 The church position says that teaching the children sex education starting from grade five as proposed by the Bill will make them promiscuous.  We need more statistics on this based on scientific studies.

 El Shaddai leader Mike Velarde who is very vocal against the Bill says that the provision ensuring medical care for one who just had an abortion is the fine print or the meaning between the lines that legalizes abortion.  It is difficult to concede that this is true because in one provision it is expressly said that the Bill continues to uphold the illegality of abortion as provided in the Penal Code.

 To avoid further conflict the proponents and authors of the Bill should delete that provision if only to show that it is not hiding anything and as a form of accommodation to the sentiments of those who oppose it.

 No mater the argument that poverty is an economic problem that has nothing to do with population, I maintain that government should have a clear policy on population development that can be harmonized with the culture of the Filipinos.  The RH Bill is not just about artificial contraceptives because the couple is given a menu of choice in accordance to their belief and culture. It is also about the health of the person especially of the woman and her baby; about availability of comprehensive essential obstetric and medical care to pregnant women; about infectious disease and many others.

 Catholics can always adhere to the teachings of the Church.  In giving the couple the freedom to choose from among the methods that are made available for family planning, Catholics can choose the natural method and they will be assisted and encouraged on their choice. I advocate that Catholics follow the natural method. 

 But I don't recommend killing the Bill.  We need not throw the baby with the bathtub, if I were again to use an old cliché.

Gloria Arroyo: Lame-Duck President, Useless SONA?

To no one's surprise, there was hardly anything earth-shaking about the President's state-of-the-nation address (SONA) last Monday. The closest to it was the furor over whether the .50 centavo text promo was something she should claim credit for.

As most political watchers know, this is practically her last SONA given that she will give nothing more than a valedictory next year. This was her last chance for glory and she blew it.

Sadly however, there was none of that. It was more of the usual – promises, alibis and distortions. Indeed, the President seemed more preoccupied with the task of staying in business.

To ensure that she will not become a lame-duck President going into her last two years, she talked at length about generating more jobs. At first glance, that would either another tall tale to disbelievers or a last bid for redemption.

From the look of things however, it is a message to her allies, a veiled threat if you will, that she can still make things happen. Jobs mean patronage. Those who will stand by her will enjoy the benefits from the ripple effect. Those who don't will risk courting her ire.

It is sad really that while the nation agonizes, all that the President is thinking of is her own survival. To those who see malice at every turn, they in fact suspect that the President is still entertaining possibilities of staying on.

The President and her minions have no one to blame but themselves. When you've spun too many lies, even the truth will no longer be credible.

While she and her sycophants have managed to deflect the impeachment proceedings filed against her, they only succeeded in convincing the people that they are not interested in the truth.

The President and her allies should remember that there is such a thing as a breaking point. No matter how far people bend, there is a limit to that. Sooner or later, the dam will break.

As things stand, it is like the long wait for the big bang. When that happens and what form that will take, nobody can really tell.

This then is the challenge that every upright and responsible citizen must confront. It is the time to give our people fresh hopes before they explode.

It is time to make a difference, to reassure people that the way out of this is not to lose sanity but to rise above the din with dignity and honor.

These are the kind of people this country needs right now. - Editorial, Sunday Post 

Filipinos Should Submit to Authorities

Tagbilaran Mayor Dan Lim yesterday says submission to authority is virtually "non-existent" in the country today.

"There is a need for us to submit to authority and respect those who occupy positions of responsibility," he stressed.

Lim said one of the reasons why there is confusion all around is the people's refusal to submit to those who have authority over them.

"One of the reasons for the confusion around us is because we can no longer tell who is in charge," he pointed out.

The mayor said one of the causes for the breakdown of law and order is the belief that people are entitled to disobey when they feel that the order is wrong.

"Because we give too much emphasis on rights and opinion, the performance of our duties are subordinated," he added.

The mayor said the problem when there is a clashing of opinions is the question on who will prevail.

"If we believe the President is wrong, does that give us the right to disobey her?" he asked.

In the same manner, the mayor said that if the student believes the teacher is wrong, there is a question on whether the student can adopt a different approach.

Lim said there is a ripple effect that could lead to paralysis.

"If the order of the superior is wrong, does that mean the subordinate can disobey him? If the citizens do not agree with the policy of those who are in position, is that enough reason for them to reject those policies?" he asked.

Lim said the casual disobedience and disrespect is observed by the children from their parents which is the reason why they get the message that they can also disobey their parents if they do not agree with them.

Francisco Estepa, SVD Assumes HNU Presidency

      The third president of the Holy Name University (HNU) will assume post this Friday in a dramatic installation at the St. Joseph Cathedral, Tagbilaran City.

      The Society of the Divine Word and the academic community of HNU invite well-wishers to share the joy in the installation of Fr. Francisco Estepa, SVD, as the 3rd university president, in a ceremony at 5 p.m. of August 8.

      He had been serving as president of the Divine Word College of Legazpi, in Legazpi City, Albay since in 2002 until his election as HNU's third president on May 22.

      Born on October 4, 1955, Fr. Kito, as friends fondly call him, began his elementary education at the Don Bosco Technical Institute in Mandaluyong City.

      He then enrolled at the Christ the King Seminary in Quezon City, finishing his secondary education there in 1972.

      He then took up AB Philosophy, attending the same seminary from 1972-1974.

      In 1975, he transferred to the Divine Word Seminary in Tagaytay City, receiving his degree in 1977.

      At the same seminary, Fr. Kito obtained his Theology degree in 1984.

      In between his AB Philosophy and Theology degrees, Fr. Estepa enrolled for a year at Nanzan University in Nagoya, Japan, for a course in Japanese Language and Culture.

      Constantly aiming to further his knowledge, Fr. Estepa later earned his MA in Philosophy at the Divine Word Seminary in Tagaytay City in 1984.

      Fr. Estepa's first assignment was in Tagbilaran City, when he was appointed chaplain of HNU, then called Divine Word College of Tagbilaran (DWC-T), from 1984-1985.

      After a year in Bohol, he was sent to Divine Word University in Tacloban City where he served as the vice-president for administration from 1985 to 1987 and VP for Academic Affairs, as well as Director of Research, from 1987 to 1990, respectively.

      Always zealous to pursue further studies, Fr. Estepa studied at the Catholic University of America in Washington D.C. for his PhD in Educational Administration from 1991 to 1997.

      Upon his return to the Philippines, he was appointed as the dean of the College of Arts and Sciences at the University of San Carlos in Cebu City from 1997 to 1999.  In 1999, he was elected university president of the same institution.

Filipino Pensioners In Times Of Crisis

Availability and more cheap National Food Authority (NFA) rice, prompt Government Service Insurance System (GSIS) action on pension claims are the top concerns that regional and Bohol officials will address in the coming days.

Serious evaluation of local government spending, upgrading of police capability and execution of impact infrastructure works are also marked with preference.

Their need to be prioritized was made clear in a consultative conference in Balilihan on Tuesday jointly initiated by Reps. Edgar Chatto, Roberto Cajes and Adam Relson Jala, who all agreed on more collaboration in service areas that matter most to people.

NFA Regional Director Danilo Bonabon said his agency is prepared to flood cheap rice in Bohol by a volume that can go even higher by 50% of its present supply to accredited market dealers, parish outlets and other designated distributors.

This is hoped to neutralize the spiraling prices of commercial rice and even corn.

The NFA is currently assessing the situation to determine the heightening of the flow of affordable rice.

Bonabon encouraged the local government units (LGUs) to ink respective agreements with the agency on rice credit in anticipation of any possible emergency condition.

The towns can be represented by the League of Municipalities of the Philippines (LMP), which Bohol members led by Jagna Mayor Exuperio Lloren directly interacted with Bonabon and other regional officials.

By virtue of a memorandum of agreement with NFA, an LGU can have ready access to the cheap staple food in case of a disaster or calamity that may result in a grave grains shortage.

Shabu Confiscated in Talibon, Bohol

By SPO4 Lucito Panong Redulla, MPA, PCR-OIC/BPPO

     The arrests of a big-time drug dealer who yielded a P100-thousand worth of shabu, and two hold-up suspects, one a CAFGU member, made the Talibon police station deserving of citation for exemplary performance from the provincial command of the Philippine National Police (PNP).

      For these two major accomplishments that manifested dedication to duty, perseverance and teamwork, PNP-Bohol provincial director, PSSupt. Edgardo Iingking will give a citation for exemplary performance to PNP-Talibon chief Domino Pelecio and his men in tomorrow's program after the traditional Monday flag-raising ceremony in Camp Dagohoy.

      Ingking will also recommend them to receive the award of Medalya ng Kasanayan from the PNP-7 regional director.

      PNP-Talibon's double accomplishment included the arrest of a big-time drug dealer, and the immediate apprehension of the two suspects, one a CAFGU member, in a broad daylight hold-up in the town.

      In coordination with the Naval Intelligence Security Force 7, the PNP-Talbon station led by its municipal chief of police, PSI Domino Pelecio, arrested a big-time shabu dealer on March 20 upon arriving at the Talibon port from Pasil, Cebu City aboard MBCA Rubelyn .

      The suspect, one Jovelito Curimo of barangay of Bilangbilangan, Bien Unido, had just arrived at the wharf at around 6 p.m. that day when the police team arrested him seized from his possession, three large sachets of methamphetamine hydrochloride popularly known as shabu weighing 15 grams with street value of P100 thousand, 86  pieces of empty cellophane sachets used in repacking shabu, a cellular phone and P500 believed to be proceeds in the illegal drug operation.

      The items seized from the suspect were exhibited as evidence against him for violation of Republic Act 9165 before the Talibon-based Regional Trial Court.

      He is now locked up at the Bureau of Jail Management and Penology Jail (BJMP) in Talibon.

      On the other hand, the two robbery-hold up suspects were tagged in the recent series of robberies in the northern municipalities of Bohol by motorcycle-riding suspects victimizing a number of lending collectors, the latest of which was the daring robbery-hold up on June 5 at the San Agustin center of Taytay Sa Kauswagan Inc. in barangay  San Agustin, Talibon.

      Armed with a .38 caliber revolver and a hand grenade, the two suspects took away the day's collection money worth P23,000 from TSKI collector Roy Anghad in the presence of the horrified borrower-members and in broad daylight around 11 a.m.

      The Talibon chief of police immediately ordered manhunt operation against them.

      The Talibon police station's response was based on a report relayed by a concerned citizen at around 11:13 a.m. that day.

      Pelecio immediately sent off a team for an Oplan "Sumpo Krimen".

      In lateral coordination with friendly units in the area including the CAFGU, the police team blocked all possible exits from the crime scene which resulted to the arrest of one of the suspects identified as one Bobby Oroyan, 19, single of Magsaysay, Talibon.

      Hours later, his companion identified as Joseph Cuizon, 21, single and  a resident of Zamora, Talibon, was also arrested and surrendered his pistol used in the robbery hold up.

      Further investigation later resulted to the solution of another hold-up on May 29 in the nearby municipality of Trinidad, victimizing one Gemma Flor and the May 1 hold up, also in barangay San Agustin, Talibon, victimizing one Felix Buno and the identity of the third suspect, the accomplice- -Barangay Kagawad Diego Barquio of barangay Zamora, Talibon- -who owned the motorcycle used by the two suspects.

      Barquio has remained in hiding, reportedly, in an undisclosed place.

      The two robbery suspects are now detained at the BJMP Jail in Talibon, pending arraignment for three counts of robbery with violence and intimidation against person at the Regional Trial Court in Talibon.

Livelihood Projects for the Filipinos

President Gloria Macapagal-Arroyo directed all government-owned and controlled corporations (GOCCs) and government financial institutions (GFIs) to draw up a P500-million special, easily accessible loan program for the livelihood projects of the families and relatives of drivers and conductors of public utility vehicles (PUVs).

The P.5-billion micro-financing assistance will be sourced from the value added tax (VAT) collected by the national government, she said.

The President also tasked Presidential Management Staff (PMS) Director General and Secretary Cerge Remonde to encourage private market financing institutions to draw up a similar market financing program for the families and relatives of the transport workers.

The President told the transport groups that once the guidelines for the special loan package are drawn by the GOCCs and GFIs, the wives and immediate family members of the PUB drivers and conductors can start filing their request for their loan. 

September 12 is National Holiday in the Philippines

President Gloria Macapagal-Arroyo has declared September 12, 2008 as a National Day of Prayer for Peace and Reconciliation of our nation.

In Proclamation No. 1555, the President said the promotion of peace and unity among the Filipino people remains to be one of the highest goals of the government.

Stressing the urgency for the "National Day of Prayer for Peace and Reconciliation, the President said, "Our country is facing several challenges, which require the steadfast devotion of every Filipino to work for the common good and for the betterment of our country, adding that such a special day may serve to promote the attainment of our national goals."

She then called on the nation to look inward "in order to make reaffirmation of our commitment to promote the attainment of this goal, through personal reflection, change in attitudes, and solidarity for the public welfare and the development of our country."

Illegal Quarry Miners in Bohol Island?

Bohol Capitol recently bares holders of active quarry permits in Bohol in a bid to inform local government units and barangay leaders about existing legitimate operations and urge them to report to authorities of any perceived mining operations.

Through Task Force Kabukiran, Governor Erico Aumentado has launched an in-house environmental watch group which binds hands with national agencies to extend muscle flexing power and effectively implement applicable environment laws, said Engr Renato Villaber during the recent League of Municipalities of the Philippines meeting at the Bohol Tropics.

Villaber, who head the Bohol Environment Management Office also named at least 45 active permittees in Bohol operating quarries in about 30 towns of Bohol's 47.

According to a list furnished by Bemo, Shirley Bungabong operates for sand and gravel (SAG) in West Poblacion Alburquerque, Rodrigo Labunog and Christopher Uy for limestone in Napo Alicia and Joel Bomediano for limestone in Cabatang Alicia.

In Antequera, S&Cu Construction mines for limestone in Danao, Rodrigo Labunog and Romeo Salon extracts the same quarry material from Cambanac and San Roque.

Calape has three valid permitees: Giovani Nazareno for limestone in Catmonan, Dennis Josol for limestone in Tultugan and Barangay Calunasa has river sand quarry permit in its barangay.

Candijay has only Hench/H Chua as permitee for manganese in barangay Panas.

In Corella, only Cesar Maluenda holds a limestone permit to quarry in Cancatac.

Duero has Teofanes Acenas and Bonifacio Cagape operating for SAG in Cansuhay, Herenita Peligro in Lobogon and the municipality of Duero for SAG and salt in San Antonio and Cansuhay.

Active permitees operating in Guindulman include Emmanuel Tubig, Asterio Casing and sinforiano Labastida for SAG at barangays Catungawan Sur and Norte.

Gatafe has Sinforiano Labastida mining for boulders at Corte-Baud, while in Inabanga, Anita Gudez, Jose Cellan and Segundo Anud mine for SAG in Saa, Napo and Lonoy respectively.

Maximo Roluna solely mines for limestone in Pondol Loon.

Loay has got Rodrigo Labunog for limestone in Tocdog Dacu while Isisdoro Cesar for SAG in Tambangan.

Rodrigo Labunog and Municipality of Lila mines for limestones in Poblacion and Lomany respectively in Lila, while only Tantrade Coproration extracts R-Phosphate in Marcelo Mabini.

Maribojoc has Ramir Yu mining limestone in Candavid, Colonia Hinay for limestone in Libjo Sikatuna and Gershon Dulang extracts silica in Santo Nino, Talibon along with Luzviminda Dulang for silica in Tanghaligue, Garry lou Dulang for diorite in Bagacay and Carlito hernias for boulders in Sto. Nino.

In Sierra Bullones, Uldarico Butron operates for SAG in Poblacion.

In Trinidad, silt is extracted by the MDCC, Claro Jabines gatheres boulders in Kina-oan, Paul Caberte for limestone in Kauswagan while Johver Minerals Inc gathers silica in San Vicente and Kinan-oan.

Finally, Ubay has Hanjin mining limestone in Ilihan, Deodato Butawan for limestone in Bood, Barangay San Vicente for SAG in their place, the PEO for limestone in Tipolo and Cesar Maluenda for limestone in Sinandigan.