Category: america

national security concerns

while i try to come to terms with rigoberto tiglao’s story that the prez rushed the crafting (behind closed doors) and signing of the enhanced defense ek-ek just so obama would drop by while he was in the neighborhood and not snub the philippines again as he did when he visited indonesia not once but twice… yeah yeah because if he had snubbed us yet again, china would have been delirious with joy…

and while i try to understand where the prez is coming from, giving american troops access to practically any place they might desire to occupy/locate themselves, almost any place — i assume the palace is off limits? — in the archipelago, rural and urban, civilian and military,  with the americans retaining jurisdiction, criminal and whatever, over everyone and everything they bring in and do wherever… i don’t get it, why do the americans want, need, to be all over the place?  what’s the real agenda?  why all the secrecy?

and while i wonder if government knows something we citizens don’t know regarding our status as sovereign nation, as in, we’re not pala, sovereign, akala lang natin, and we citizens are the last to know?  could this be america’s and the aquino admin’s way of telling us without saying it in so many words?

and while i wonder if senator miriam’s promised senate probe would could make any difference, and if taking the question of constitutionality to the supreme court would only bring on another double negative, as in, not unconstitutional, lol, and whether american soldiers are regularly tested for HIV-AIDS and have unlimited supply of top-of-the-line leak-proof condoms to keep our women and children safe from sexually transmitted diseases…

and finally there’s napoles and the pdaf scam, and talk that enrile, estrada, and revilla will be arrested soon.  talaga?  meanwhile i’m intrigued by this mother’s day tweet by malou tiquia :

@maltiq One flew over d cuckoo’s nest n landed on a sanitized list 2 b revealed next week. JN n Cam lost their aces! Circus coming! #pdafblues 

is d cuckoo who i think it is?  but isn’t that what sandra cam was warning about, a sanitized list that would not tally with napoles’s?

and what about ping lacson claiming in a radio interview that the napoles list is explosive, it could bring the senate down, and that’s a national security concern, therefore it can only be revealed to the senators themselves in a secret session.  big mistake.  keeping that list secret from the public would create more of a national security concern.  for sure it would infuriate and galvanize million-people-march-ers to storm the streets in protest, demanding that the list be made public, stop coddling the accused, or else!

 *

What should the Senate do?  http://opinion.inquirer.net/74438/what-should-the-senate-do 
The normalization of corruption http://opinion.inquirer.net/74408/the-normalization-of-corruption 

EDCA Primer No. 1 by one of the 1991 Malevolent/Magnificent Twelve? (Updated)

By RENE A.V. SAGUISAG
Work in progress

​Q1:  What is required for an international agreement to be valid?*

A:  Sec. 21 of Art. VII of the Cory Constitution says: “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”

​Q2:  Is the Enhanced Defense Cooperation Agreement (EDCA) constitutional?

A:  Permit me to doubt. Sec. 25 of Art. XVIII of the same Constitution says foreign “troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate . . .and recognized as a treaty by the other contracting State.”

​Q3:  How long will the EDCA last?

A:  Thereunder, INITIALLY for ten years but there is automaticity in extensions, so that my apos, eldest not quite six, may be affected.

​EDCA says it ‘shall have an initial terms of ten years, and thereafter, it shall continue to be in force unless terminated by either party by giving one year’s notice through diplomatic channels. . . .”​

​​Q4:  As a member of the Malevolent/Magnificent Twelve who ended ​the presence of foreign troops​​​​ of more than 400 uninterrupted years, you (RAVS) keep saying that EDCA is a rotten egg, can you lay a better one?​

​A:  Let me try. The American should be asked to return the Bells of Balangiga, now in Fort Warren, just outside of Cheyenne, with another in South Korea. These trophies are Catholic Church’s property taken in 1901. Then they should be asked to put troops and facilities in Ayungin and Scarborough in their new bases there. We should be ready to die to the last American.

Q5: Why allow them to use our own bases?

​ A:  They should build their own. In Ayungin, Scarborough, off Batanes, and the like. ​

​Q6: We are weak; can we defend our territory alone?

A: It is a question of heart, as shown by the Vietnamese in defeating the French and the Americans. And the U.S. and Japan will help, if it would be in their national interests to do so. EDCA or no EDCA. No permanent friends or enemies, only permanent interests. Japan was our foe in WW II when we were one huge military base of the U.S. Japan successfully invaded us anyway.

​​Q7:  But, doesn’t EDCA only implement our Mutual Defense Treaty of 1951?

A:  It is superseded by the 1987 Constitution and both our and American jurisprudence uphold the super-cession theory.

Q​8:  What case law?

A:  E.g., Edye v. Robertson, 122 U.S. 580 (1884) illustrates the view that Congress has the power to override treaty obligations.​ What more with the people ratifying a Constitution? Edye is one of a group of nearly contemporaneous decisions toward the of the 19th century which asserted the supremacy of federal statutes over prior treaties, which have no superior sanctity. H. Steiner and D. Vagst, Transnational Legal Problems 587 (1982, the duo were my team teachers in the subject at Harvard Law in 1967). Our own case law, beginning with Ichong v. Hernandez, 101 Phil 1155 (1957) – all the way to the 2002 case of Mark Jimenez – has language to the same effect but all in the nature of obiter, our Supreme Court having found no conflict between a treaty and the local or municipal law.

Hometown. Where we have a world body or an arbiter, the adjudicators will follow “the cardinal rule that provisions of municipal law cannot prevail over a treaty.” Steiner and Vagst, supra. But our Supreme Court should follow the obiter in Ichong, Garcia, Hechanova and Purganan (Jimenez) in light of our own best national interests.

Q9:  Why be sensitive to the presence of U.S. soldiers?

A: Given the history of abuse from the time Prez McKinley knelt in the White House and was told to Christianize us. The GIs sang Oh, The Monkeys Have no Tails in Zamboanga. Racist. Gen. Smith ordered everyone above ten killed and turn Samar into a “howling wilderness.” It was only in 1967 when the U.S. Supreme Court allowed interracial marriages. In May, 2014, I visited the Victoria Manalo Dravies Park in San Fran. She won two gold medals in London. She had to conceal her being half-Pinoy to be able to practice in pools for whites only. She came home and connected with her roots – to acclaim – in Orani, Bataan where her musikero father had hailed from.

Q10: What about other foreign troops?

A:  The Japanese would probably raise questions also if only because of the comfort women still seeking justice. The Koreans have a battalion in Cebu helping Yolanda victims. No static. The Japanese, 110V. The Kanos, 220V.

Q11:  Would the Malevolent/Magnificent Twelve vote NO! today?

A:  I rightly don’t know. 9/11, which killed 16 Filipinos, may have introduced a new dimension. But, there seems to be no threat now from Al Qaeda affecting us today with a sense of immediacy. The Americans have helped in Mindanao against Fundamentalist Talibanic elements. No static.

This Bedan is now affiliated with Ateneo for a Better Philippines,  at the instance of Au-au Pijuan.

R.A.V Saguisag
Saguisag & Associates
4045 Bigasan Street, Palanan
1235 Makati
551-6350/833-4140

Document: Enhanced Defense Cooperation Agreement

read it and weep.  http://www.gov.ph/2014/04/29/document-enhanced-defense-cooperation-agreement/  like gina apostol says  on facebook, article 3 gives everything away.  nakakapanghina.  nakakapanlumo.  nakakadesespera.  how we wasted the two decades since we kicked out the u.s. bases.  by now we should could have gotten wiser, smarter, about how to deal with america, even if only in terms of getting a fair deal and a little more respect at last.

Imperialism 2.0

The Philippines will extend once more the rights of a foreign military power on its islands — and it will welcome the continuing betrayal of its constitution. But a national unconscious also drives it, creating emotional binaries, and a lack of alternatives in this game of chess over Philippine seas. In a weird nesting-doll of historic inversion, Filipinos will accept U.S. planes and warships on its soil, spurred by anti-Chinese animosity once legalized by old U.S. biases, tying it once again to U.S. interests — while China remains ascendant. Meanwhile, eight Philippine Marines wait for their provisions on their ruinous battleship, stranded guardians of kalayaan, or freedom, on the shoal.  ~ Gina Apostol