Category: ethics

Midnight CJ and the Four R’s

Rene Saguisag

The framers could have said the position of Chief Justice (CJ) should be filled up immediately and that only the CJ could swear in a Prez. They did not. They said any judicial vacancy should be filled up within 90 days, which I suggest is even merely directory, not even mandatory. No way we can mandamus a Prez.

The case of Justice Minita Chico Nazario, where the vacancy was filled up six months later is instructive; she twisted in the wind that long before finally taking her oath and becoming a credit to the SC.

It took more than six months for CJ Querube C. Makalintal to replace CJ Roberto R. Concepcion. Thus, the virtue of collegiality. It also shows that when the Constitution gave the Prez 90 days to name a new Justice, the lack of urgency was seen. May the SC order the JBC, headed by the CJ?

When Marcos won, if my memory is true, I had at least two excellent teachers who had been named to the bench just before Macapagal himself was to step down. Seen as more than qualified, maybe, but no one in the judiciary, or elsewhere, is indispensable. The two had to go. In May, 1982, for a working week, we had no Supreme Court at all! All told, vacant days added together, we had no CJ for years. The nation moved on. There simply was no fire.

Now we have a golden chance for a transparent process in lieu of arcana. Justice Rene Corona must disclose in open hearing his suspicion that Justice Tony Carpio was out to smear him. Tony denied the charge, corroborated by Nanding Campos, who Rene had said tried to influence him improperly by using three ex-Justices to approach him (which those of us of the old school us would never do; it just was not and should not be done).

GMA acknowledged on December 30, 2002 that she divides our people. Now, she plans to continue in public life, and some salivate. Why? Are these but the noises of democracy we were glad to have again in 1986 after 15 years of coercive elimination of dissenters, leading to Jackson’s unanimity of the graveyard?

Charito Planas I first met in Washington, D.C. in 1982. She has chosen to be with GMA. The right to pick we cannot question, be it elixir or poison we choose. But, as in the case of Gary Olivar, what does she have to say about the Morong 43? The duo both courageously fought martial misrule. May God bless them both. But we in the human rights community need to hear them on the 43.

FOCAP (like our friend, Tony Lopez) could be naughty. Last Tuesday it held a forum entitled Who Will Fix the Mess? I saw no one take issue with the tendentious theme. All prez wannabes said No to operating the Bataan Nuclear Power Plant. Bravo! A Korean firm said it would need a billion pesos at least, which may yet double, or triple, to repair and upgrade it. But, we are pasable-OK-na-puede-na Pinoys. I hope Prez Cory and I would no longer be blamed for not operating the plant in 1986, when Chernobyl made it easy to mothball it. But, I had not realized I was so effective chairing the Cabinet and Senate Committees on it that here we are, 24 years after the event and no Prez or wannabe is for operating it.

This fact emerged with crystal clarity in the FOCAP affair. Nick Perlas was with me in the 1986-1992 effort.

Even Engineer FVR would not dare put the nuke plant on line (his home province is Pangasinan; I married one from there and it now welcomes nuke power in a nation where Murphy’s Law—if anything can go wrong, it will—prevails in rampancy: I am not sure we can be like Russia or Japan ably dealing with Chernobyl or Toyota’s recall). We need new energy plans. We need to know from the bets what their plans are, on top of their other sales talk, to pay public servants above the level of corruption by laying down the economic foundation of honesty. Dick Gordon would want school teachers to get P40,000 a month, less than the additional bonus of House employees last Christmas given by Congressmen: how much did they get for themselves?

There must be a better deal for employees, whether public or private, for them to compete for admission into public service.

On specifics, what do they have to say on senior citizens discounts where an employer’s profit is marginal and who will go under with the additional discount? Is this not confiscatory? Any subsidy? Else, the employer may fire employees to salvage the ailing business. There must be a health program too so one with a dollar (less than P50) can have dialysis monthly. More than Motherhood spiels we need from the leading bets. Those who have no chance should withdraw, to improve the chances of even a bad bet; else, by hurting him, we may get a worse, or even the worst one, in lying, cheating and stealing. Balzac said that behind every great wealth is a great crime. How many of the bets have no great wealth?

Anyway, I need to see in the text of the 1987 Constitution, or maybe, someone can show us that, in the debates, the intent was that in the judiciary “midnight appointments” are allowed, contrary to what the SC has nixed. I know how careful the JBC and SC are in observing the no-appointment rule during the critical two months. That was why the promotion of some RTC Judges created a hassle some years ago (even if admittedly, the nominees were good); there was static about antedating to make it appear as not falling within the interdicted two-month period. No transparency. Shielding the nomination process from scrutiny should go. If it would need a constitutional change so be it. Back to the Commission on Appointments? Noynoy I don’t recall ever having opposed any change in the 1987 Consti. He and his Mom, along with millions, simply wanted to do the Right thing in the Right way at the Right time for the Right reason.

Nothing says the CJ should administer the oath. Cory and Doy were sworn in on February 25, 1986 by “mere” Associate Justices, who used the rather unconventional formulation I rushed the night before in a rinky-dink typewriter. Indeed, an ordinary notary public can administer it. When we took power in 1986, I had no time to take it but then it was a risky revolutionary government we had inaugurated. Later, in a more normal time, I took it before a notary. It could not be said that I violated my Four R’s.

Today, what is not being violated in the violent time in the vilest possible way?

no guts, no gloria

well the woman has guts, and she really doesn’t care what fvr thinks, much less what wewho-want-her-out think, not as long as there are people in place who continue to support her.

but it’s offensive, that happy grin she was flashing for the cameras when she filed her certificate of candidacy, gleefully gratefulit would seem for the “clamor” from the 2nd district of pampanga.    she thinks we’re dumb, she thinks she’s got the world believing that that supposed clamor was is spontaneous and not the result of manipulation and spin, shades of edsa dos.

or maybe it’s an act. behind that gleeful grin maybe it’s a matter of life and death and chacha and she’s a bundle of nerves, the ghosts of the ampatuan massacre haunting her dreams, like andal jr.’s.   if so then she’s a damned good actress.   she could go into showbiz instead and give aling dionesia a run for the money.

so what now.   i think it was dean amado valdez of u.e. who’s saying it’s an impeachable offense, running for congress while still president.   a betrayal of public trust.   makes sense to me.   and fvr is right, the office is diminished.   she makes it seem that the presidency is a parttime job, and that right now until may 2010 there’s nothing that requires her urgent attention.   good grief.   what a president.

GLORIA, RESIGN!

trying times for villar

seems to me that manny villar is in a lose-lose situation.   damned if he does, damned if he doesn’t, attend the senate trial of the ethics case filed against him by jamby madrigal over the c-5 scandal.

says armida siguion-reyna in the tribune:

The presidential election of 2010 is literally around the corner. The public has the right to know if Villar, one of the top contenders, is guilty of using his office to insert in the national budget another P200 million to enable the C-5 road extension project to pass through his properties for such properties to increase in value.

I must admit I’m puzzled by the good senator’s refusal to face his accuser Sen. Jamby Madrigal and instead chose to trade low-brow barbs with her. She called him “Corruption King,” and he shot back with “Sinungaling Queen,” when he could have used the time for tit-for-tat to demolish her allegations. He publicly cast aspersion on the entire Senate and tagged it a “kangaroo court” ready to pre-judge him without benefit of a proper hearing – a charge that so incensed my brother Senate President Juan Ponce- Enrile into reacting with “That is bullshit.”

Villar apologized to the Senate president, the apology was accepted. Still Villar maintained his position, explaining he did not mean to include Senator Enrile in his sweeping statement, just especially the presidentiables of the lot. Meaning: Lacson, Legarda, Roxas, Gordon and Escudero.

And I am once more puzzled. There are 22 senators,  23 including Senator Trillanes, whose right to vote still hangs in the balance. Of the 22, six are known to be interested in running for the highest office, including Villar himself. Of the remaining 16, at least five are known Villar allies: Joker Arroyo, Kiko Pangilinan, Nene Pimentel, the siblings Pia and Alan Peter Cayetano. E di 11 na lang ang natira: Enrile, Angara, Aquino, Biazon, Estrada, Santiago, Honasan, Lapid, Madrigal, Revilla and Zubiri – and Villar distrusts them as well?

This is nothing personal against him, as he’s always been polite, even invited me once to a small dinner in his house. It’s just that I really can’t understand why he’d rather talk to the media and show them this and that of the ongoing C-5 construction when really, the easiest way out is for him to simply present his side of the case to his colleagues, ‘yun lang.

Now, if it’s true he’s milking sympathy from the public and trying his darndest to appear as the underdog, naku. It’s going to be very, very hard to convince people that a multi-billionaire is kawawa – all his achievements could be for naught. Sayang.

says winnie monsod in the inquirer:

One cannot help but comment on the intransigence of Sen. Manuel Villar and other members of the opposition who, from where I sit, have treated their institution shamefully (and contributed to its already deteriorating image). He insists he is being singled out and persecuted  by his peers because he is a presidential aspirant. Nonsense. Wasn’t he elected Senate president by the same people, or at least by a majority of the chamber? It looks more like he is hiding behind, or maybe even exploiting this “persecution” theme, for partisan political purposes. What’s wrong with answering the charges formally? He either used his position for personal (business) gain or not. If he can show the media-which doesn’t seem to be buying his line-that he did not, why can’t he show his peers in a more formal setting? Does he really think that Senate President Juan Ponce Enrile, who has been on both the receiving and giving ends of real political persecution, or for that matter, the Filipino people, will allow this to happen? Come on.

even more unbelievable is the way joker arroyo has taken villar’s side when back in 1998 in the house of representatives arroyo himself raised the very same issues against villar.   says manolo quezon:

The case, basically, was this: Congressmen and senators are required to inform their respective chambers of their financial and business interests. If there’s a chance any legislation they propose might represent a conflict of interest with their financial interests, they’re supposed to inform their peers. This, Arroyo said, is a disclosure Villar never made.

Arroyo then detailed what he maintained was Villar’s modus operandi, in using his political office to further his private commercial gain. Arroyo mentioned loans from government financial institutions; the development of properties despite a lack of environmental clearances; and he subsequently expressed interest in allegations of land-grabbing.

…Arroyo built the foundation for future cases, in which Villar is accused of maneuvering government projects, such as roads, to ensure they pass through his properties, even if the route of the roads have to be changed, wasting the funds already paid for right-of-way along the old, discarded path. The time and trouble to literally redraw the path of a road is worth it because it allegedly ate up portions of his properties, enabling him to seek compensation for right-of-way and saved Villar the expense of building roads to improve access to his developments.

Most interesting of all, is the allegation that his high office may have made possible his being paid at a rate higher than others, and collected these payments even when related to properties put up as collateral for government loans, and foreclosed.

Since I do not think Arroyo insincere, or senile, or corrupt, I can only suggest that Arroyo defends Villar today out of an insistence on the equality of House and Senate. If he failed in the House, no one should succeed with the same case in the Senate.

what a joker.   buti na lang enrile is no pushover.   villar should just forget about running for president.   maybe heshould slide down to vice, no pun intended.