Category: supreme court

armida: what if, people power vs SC

read armida siguion-reyna‘s What people want.  she ends with thoughts of people power.

I’ve been told there are lawyers invoking “the rule of law” and the Philippine Constitution, and I understand where they’re coming from. But, and this is a big but for me, what about the rule of justice? What about what people want? Is the law bigger than the people’s will?

When Corazon Aquino took her oath of office as 11th President of the Philippines, Filipinos generally did not demand for a recount of the ballots cast in the 1986 snap elections because four days of revolutionary people power took precedence over legally cast ballots. Marcos loyalists believed that it was still Marcos who won the vote, pero ang kagustuhan ng lumabas na nakararaming taong-bayan sa Edsa I ang namayani, naluklok si Cory bilang pangulo.

When Gloria Arroyo pledged allegiance on the Bible held by then Supreme Court Justice Hilario Davide Jr., with a crowd much, much lesser than the first Edsa, the duo combined to make legal her ascent into the presidency, kesyo President Estrada had by then already resigned and by that resignation rendered the Office of the Chief Executive vacant, kesyo this, kesyo that. Napamukha nilang legal ang illegal and thus managed to overrule the gargantuan mass that made up Edsa III, much, much bigger than what passed off as Edsa II.

Exactly how many times was the law twisted and flouted to make the nation believe that Arroyo won over Fernando Poe Jr. in 2004? Only God in heaven knows. Still, even without knowing for sure how often the woman has manipulated legalities, the law cannot be bigger than the people’s will.

Bakit hindi magtawag ng tao, sa Edsa kung sa Edsa. Sa Luneta, kung sa Luneta, sa kahit saan, para sagutin ang tanong: Gusto n’yo bang makulong si Gloria Arroyo?

And my goodness, if people come in droves, if, say, two million show up, how can the Supreme Court (SC) overrule so clear a manifestation of popular will? If in the past, fewer numbers installed presidents, surely much larger figures can jail another.

It’s what the people want that matters, it’s the spirit of the law that must prevail over what’s legal or made to appear legal, as here in this case it doesn’t matter who has got more evidence or less of it. Basta’t come hell or high water, eight in the SC will always vote for Arroyo wrong or right, and only five will go against her.

This, unless people power’s truly dead and gone.

televise the trial

In spite of the fact that the Maguindanao Massacre is an open-and-shut case, with the guilt of the accused very clear, justice for the victims and their families is still far off.

Can’t P-Noy’s administration and the Supreme Court make the wheel of justice move faster? Why is it much faster in other countries but very slow in ours? It is this slow justice that encourages crime in the Philippines. Even if a criminal is caught, it takes the government many years to send him to jail. In the meantime, he is able to continue committing more crimes, kill, buy or threaten witnesses against him, or bribe even judges and justices and therefore escape justice.

Why conduct only two hearings a week for the Ampatuans? And why only two witnesses per hearing? The Maguindanao Massacre is the most cold-blooded mass murder in the history of the Philippines and it shocked the whole world. It should not be treated so cavalierly like most petty crimes. What is wrong with holding daily hearings with no limit to the number of witnesses to be presented daily? What is wrong with holding hearings the whole day? The other cases of the court trying the Maguindanao Massacre can be transferred to other courts. What’s wrong with that?

Too bad capital punishment has been abolished in the Philippines, thanks to the bleeding hearts. If there is anybody deserving of execution, it is those who were responsible for the Maguindanao Massacre.

i agree with neal cruz.   besides, the law is biased enough in favor of the accused.   back in the ’90s i remember hearing the late quezon city regional trial court judge maximiano asuncion (branch 104) on tv saying that under our laws napakaraming karapatan ng akusado at iilan ang karapatan ng biktima o ng pamilyang naiwan ng biktima. to be sure, i googled it, and the issue turns out to be a very current one in the international arena, and there are continuing attempts to balance the rights of victims with the rights of the accused.   check this out, and this, and this.

of course there is dissent. belinda olivares cunanan, once of the inquirer, now of the the blog political tidbits, is one of many who are against media coverage:

First, the print media are already doing extensive  coverage of the trial. Second, live coverage could exacerbate the already super-high nationwide tensions over the mass murders, sapping the national energies further and making independent judgment impossible for a judge already boxed into an extremely difficult position when she accepted the Ampatuan case. Moreover, as De Lima correctly noted, live coverage could violate the court’s rule prohibiting the witnesses from hearing the testimony of their fellow witnesses.

first, the print media, due to space limitations, never quite capture and report all of the proceedings; neither do broadcast media, due to time limitations.   second, the slooooow pace is already “exacerbating the already super-high nationwide tensions over the mass murders.”   let’s not worry about judge jocelyn solis-reyes — she’s doing a good job off-cam, i expect she’ll do a good job on-cam.   as for witnesses being influenced by the testimony of other witnesses, surely each one has executed an affidavit beforehand, and testimony beyond such would not get past defense lawyers who would be very vigilant about calling public attention to anything like that.   and, finally, a televised trial would not sap national energies, rather, a televised trial would ease the tensions generated by the 53 victims’ families’ woes exacerbated by the supreme court’s seeming indifference to their very valid grievances.

as for those who are afraid that televised hearings might prove a diversion (distracting from the aquino admin’s serial flops, flaps, flip-flops?) or even as a means of entertainment, i suppose they’re coming from lessons learned in erap’s impeachment trial that led to edsa dos.   but there was a lot that was laughable about that proceeding, which cannot be said of the ampatuan trial that is seeking justice for the 58 lives violently ended, massacred in one sweep, by a private army in broad daylight.

Sen. Joker Arroyo has warned that with almost 200 defendants and 300 witnesses it could take 200 years for justice to be meted out to both the perpetrators and victims of the Maguindanao massacre. If it should take long to prosecute the case, let it go the whole route. Fiat justitia, ruat coelum. Let justice be done though the heavens fall. But surely something can be done to speed things up. Probably the number of witnesses can be limited to the most important ones and marathon hearings can be held. Judge Jocelyn Solis-Reyes of Quezon City Trial Court Branch 221 could also be relieved of her other cases so she can focus on the massacre trial.

The Maguindanao massacre trial should be no less important than the Estrada case, in which the fortune of one man was involved. Here the meting out of justice to 57 victims and 200 defendants is involved. The people also should know how a political Frankenstein’s monster was pampered and allowed to grow by a Machiavellian president to the point that they thought they would perpetually escape the clutches of justice. Televise the trial and let the people know.

yes, and hold daily hearings, eight hours a day, five days a week.   justice delayed is justice denied.

Slow wheels of justice encourage crimes
Balancing rights of the accused with the rights of the victim
Victims’ rights and the rights of the accused
Victims’ rights
Live trial coverage will exacerbate tensions
Ampatuan Watch: Elusive justice
Trials are not entertainment
Television and the Ampatuan trial
Televised trial
Former chief justice backs live feed for Ampatuan trial
Televise the trial

fear & loathing in/for hacienda luisita

so hacienda luisita inc. has started buying off, i mean, paying off, i mean, distributing initial financial aid to farmers ranging, acc to anc, from 500 to a few thousand bucks.   grabe.   can’t blame the farmers (for caving in) but can’t say the same for the cojuangcos who are clearly defying the law.   mr. president?   hello?

from The Politics of Fear in Hacienda Luisita by Lisandro “Leloy” Claudio:

“Takot ang mga tao dito kaya hindi namin sila ma-organize. Mahirap na pag presidente ang kalaban mo (The people here are afraid, so we can’t organize them. It’s difficult when you’re up against a president),” says Kuya Bembol (pseudonym). Earlier that month, Kuya Bembol tried to take fellow farmers to an apolitical seminar on farming techniques hosted by the Katarungan NGO of Ricardo Reyes, who ran as the LP’s mayoral candidate in Pasig. Nobody took up the offer. They were afraid of any action that could be considered “political.”

This fear is not unwarranted. As I mentioned in my previous piece “Prinsipyo o Caldero: Why Noynoy won in Luisita,” the Liberal Party has the allegiance of the hacienda’s barangay captains. Since formalwork stopped in 2005, farmer-residents have been dependent on the captains to allot them plots of land to independently farm. Residents are afraid to do anything that might antagonize their respective captains.

But the fear in Luisita is more deep-seated; it has its roots in a historical trauma. The last time a Cojuangco became president, the family was able to eliminate calls for land distribution through implementing a broken and illegal Stock Distribution Option (SDO). Luisita management (and even Cory) claimed this was a valid move because the farmers voted for it in a referendum. However, according to Danny Carranza, a community organizer in the hacienda during the late 80s, farmers voted for the SDO under duress. Management told them that their jobs would be at risk if they voted against it.

According to FARM leaders, Luisita residents are afraid that the SDO or something similar to it will be implemented now that Noynoy is president. Should this happen, the Cojuangcos will once again completely control who works and who doesn’t. Put yourself in the position of a farmer. Based on what happened in the past, you believe that a Cojuangco as president will likely enable the family to have control over your livelihood once more. Should this happen, you will want a job from that family because life is hard. In a situation like this, would you risk antagonizing your landlords?

. . . Of course, P-Noy should put pressure on his family to withdraw the temporary restraining order that prevents the distribution of Luisita. He should also investigate the atrocities of the Hacienda Luisita massacre and the current trend towards the hacienda’s remilitarization.

Unfortunately, however, agrarian reform does not seem to be a priority for our new president. It also isn’t likely that he will investigate crimes associated with his family. And with the residents of Luisita scared to death, I doubt there will be significant pressure from below.

Ironically, the beacon of hope for the Luisita workers is the heavily criticized Renato Corona who will lead the Supreme Court as it decides on the legality of the SDO. If the SC scraps the SDO, it will pave the way for the distribution of the hacienda’s land to those who till it. God save the Chief Justice. The fate of farmers living in a perpetual state of fear is in his hands.

from Farmers got short end of the stick by Solita Collas-Monsod:

Let’s face it: The Luisita farm workers — the 6,296 men and women who should have been the beneficiaries of the CARP that was passed during President Cory Aquino’s term — have been getting the short end of the stick since 1989. The so-called “Compromise Agreement” the last nail in that coffin of exploitation (pardon the mixed metaphors).

The first nail in that coffin of exploitation was when, in 1989, they were either encouraged or enticed or intimidated or manipulated — remember, most of them had worked there for all of their lives in a patriarchal setting — to opt to own shares of stock in the Hacienda Luisita corporation — the so-called Stock Distribution Option (SDO), rather than to get a share of the land. The argument that they bought, or was shoved down their throat at the time, was that if the land were divided, each farm worker would be getting at most 0.78 hectares (of the 6,443 hectares of Luisita at that time, only 4,916 hectares were classified as CARP-able); while if they were own shares in the corporation, the workers would not only be getting wages, but also a share of the profits. It sounds like a good deal, doesn’t it? Unfortunately, since then, the corporation never showed any profits, and claims it has become burdened with enormous debt (which then required selling land to help pay off some of it).

The second nail in the farmers’ coffin of exploitation was pounded in almost simultaneously: The farmers got only 33% of the corporation, while the Cojuangcos, through the Tarlac Development Corporation or TDC got 67%. Why only 33% for the farmers, when their contribution to this agricultural corporation was its principal resource, mainly the land? Three reasons: the amount of land included in the CARP was only 76% of Hacienda Luisita; that “CARPable” land was undervalued; and third, the TDC contribution was overvalued. . . .

from Portent of things to come? by Rene Azurin:

. . . Actually, all this ado about a “compromise” just continues to obscure the main issue about the whole Hacienda Luisita case. The main issue — lest we forget — is that Jose Cojuangco Sr. was provided a government loan of P5.9 million and given a government guarantee (for a foreign exchange loan of US$2.1 million) to allow him to acquire the sugar estate and the sugar mill in 1957, with the express condition that the agricultural land “would be distributed to the agricultural workers” after 10 years. Well, it wasn’t.

Ten years after the hacienda was acquired, the Cojuangcos — probably not wanting to give up the enormous wealth and power that the sugar business had given them (because of the preferential prices then enjoyed by Philippine sugar in the US market) — argued that they could not comply with the distribution condition because “the place did not have a single tenant.” They then cited a law, the Land Reform Code (R.A. 3844), that exempted from expropriation agricultural lands like the sugar hacienda “where large scale operations would result in greater production and more efficient use of the land.” The scamming, not just of the farmer-beneficiaries but also of the Filipino public, began then. Clearly, it continues to this day and the fact that the land distribution was a straightforward loan condition has now been all but forgotten.

Beyond the legalities, a great injustice has been perpetuated for almost half a century against the poor farmers who’ve worked for the Cojuangcos. Many have passed away without realizing their dream of owning the tiny parcels of land that should have been divided and distributed to them in 1967. Those who survive find themselves today “already too old to till the land.” What options are realistically left to them except to take whatever is offered?

Mr. Lacierda says that Mr. Aquino “welcomes the agreement because… ang mahalaga ay ang ninanais ng farmers [what’s important is what thefarmers want].” This shows incredible insensitivity to the actual aspirations of the poor who are, once again, being taken for a ride by members of a ruling class who seem bereft of any sort of social conscience. If this is a portent of things to come, the poor might just have to abandon their hopes for social justice in a Cojuangco-Aquino administration.

supreme court should let trillanes go

… to the inaugural session of the senate of which he is a member, elected into office by more than 11 mllion voters in 2007.   i mean, you know, if he was not going to be allowedpala to BE a senator and take part in the legislative process, why was he allowed to run in the first place?   and kung hindi pala siya pauupuin, when he won, why was he proclaimed at all?   i don’t get it.

and i don’t buy the argument that he’s a security risk.   if in the past he was able to walk out of a court hearing unimpeded, that must have been because his guards allowed him to, perhaps they were sympathizers, perhaps they thought his anti-corruption-in-the-military anti-gma cause a valid one.   and even if it will cost to secure him more tightly should he be allowed to attend senate sessions, i say, hey, sa ibang bagay kaya magtipid.   o kaya kunin sa pork barrel ni trillanes mismo ang panggastos, whatever.   but let him go.

as for the supreme court ruling that has already denied trillanes permission to attend senate sessions, well, the supremes have been known to reverse their own decisions, even, to break their own rules, even, to defy the constitution.    and anyway this particular appeal is just for the inaugural session na nga lang, ano ba.   if it means kiko pangilinan gets to bag the senate presidency, why not.   if he can swing it, he deserves it, maiba naman.

besides why is it taking so long to resolve his case?   seven years na siya in jail, susmaryosep.   are the powers behind-the-supremes, i mean, behind-the-scenes, waiting till his term as senator is up so he never gets to sit?   in my book that’s a crime against the more than 11 million citizens who voted for him.