Category: why

All mine to give: property rights

Amelia HC Ylagan

Last week, Acting Chief Justice Antonio T. Carpio reiterated with even more indignant passion that the Philippine government should not give up rights in the West Philippine Sea as defined by the July 2016 ruling of the Hague-based Permanent Court of Arbitration invalidating China’s “historical” claims over resources in its so-called “nine-dash line” that encroached on the Philippine waters (GMA News May 25, 2018). He warned that non-action by the Philippine government against China’s activities in the West Philippine Sea could be seen as the country giving up its rights. “Inaction is a waiver.” he said (Ibid.).

President Rodrigo Duterte, in pursuing friendlier relations with Beijing, has temporarily set aside the ruling to avoid confrontation with the Asian power (Ibid.). “Duterte earlier stressed the need to “remain meek and humble” to receive the “mercy” of the likes of Chinese President Xi Jinping. He also said Xi vowed to protect him from any plan to remove him from office,” Rappler said. (rappler.com May 25, 2018). Foreign Secretary Alan Peter Cayetano announced that “it is no longer the Philippines’ strategy to always file diplomatic protests against China, as the DFA did under (his predecessor) Albert Del Rosario” (Ibid.).

No diplomatic protest when Chinese bombers recently landed on the South China Sea’s Paracel Islands (claimed by Vietnam) even when nearly all of the Philippines “falls within the radius of the bombers,” said the Asia Maritime Transparency Initiative of the Washington-based Center for Strategic and International Studies (Ibid.). What’s new? China has constructed more than 1,600 structures in the disputed South China Sea, and nearly half (800 of these) are in waters belonging to the Philippines (Reuters May 24, 2018).

Subi, Mischief (within Philippine EEZ) and Fiery Cross reefs all have Chinese military infrastructure built between 2014 to 2017 — including emplacements for missiles, 3-km runways, extensive storage facilities, and a range of installations that can track satellites, foreign military activity and communications. The facilities each hold a regiment — between 1,500 to 2,400 troops, the wire agency reported (Ibid.).

“Stop calling it the ‘disputed’ West Philippine Sea,” Justice Carpio insists — the “dispute” has been settled (Rappler, March 5, 2018). “It’s like you have a land, you own it, somebody builds a house there and claims that he owns it also. So you go to court and finally the court says you own the land. Unfortunately the guy who built the house doesn’t want to leave. So the question of ownership is finished; it’s terminated already. You own it, because the court said you own it. It’s now a question of compliance — how to get him out of that lot. That is the situation in the West Philippine Sea,” Justice Carpio said (Ibid.).

But perhaps Justice Carpio is steeped too much in the rule of law to consider that a strong-man leader can be so sure, in his fashion, that his country is his to give away.

In early March President Duterte said joint exploration with China may be likened to co-ownership of the “disputed area.”

Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, echoed Justice Carpio’s opinion, saying that “In so far as territory is concerned, in so far as the exclusive economic zone and our natural resources are concerned, the constitution mandates that the benefits of our marine resources, our marine wealth up to the exclusive economic zone is reserved exclusively for Filipinos…The state cannot just share them, cannot admit any kind of co-ownership arrangement or anything similar to that for these resources” (ABS-CBN News March 2, 2018).

Former Solicitor General Florin Hilbay said Duterte’s statement may be considered an impeachable offense.

“A clear example of culpable violation of the Constitution [and] betrayal of public trust. The West Phil[ippine] Sea is exclusively ours. He’s giving it away,” Hilbay said (Ibid.). Hilbay and Justice Carpio were part of the delegation that brought China before an international tribunal to assert the Philippine’s claims in the West Philippine Sea (Ibid.).

And just as reports of Chinese long-range H-6K bombers landing for the first time and conducting exercises on Woody Island rattled his people but did not shake him, President Duterte’s strong persona weighed on a similar but “simple” case of how he protects property rights in his country.

Upon orders of the Manila Regional Trial Court Branch 7 dated Sept. 16, 2010, the 300 families who illegally lived on a lot on Legaspi St. corner Real St. in Intramuros were given final notice to self-demolish, and the private property returned to owner LG Mathieson Development. Enter Manila Mayor Joseph Estrada, former (ousted) President, populist “bad boy” leader closely aligned with Duterte: “Don’t worry, even if the court threatened me with contempt by its owner, I will not let your shanties demolished until we find a suitable resettlement for you,” Estrada said to the squatters (Manila Standard May 24, 2018). The mayor cited President Duterte’s instruction to all concerned government agencies: “No relocation, no demolition” (Ibid.).

Mayor Estrada said the Intramuros Administration has a budget of more than P410 million for the resettlement program of informal settlers living inside the historical site (Ibid.). Then why aren’t they moving on the generously promised relocation? Because there is no place to send the informal settlers to! Estrada said reclaiming 148 hectares from Manila Bay will surely expand Manila’s present land area of 42.88 square kilometers, where virtually every square inch is already occupied, mostly by informal settlers.

But is not the reclamation of Manila Bay earmarked for humongous recreation/gaming centers — one is four times the size of the Makati central business district, according to columnist Vic Agustin.

Chinese investors have reportedly met with President Duterte for operating these, and even the dredging and land-filling works are by China Harbor Engineering co., the same one that did the reclamation of 214 hectares off Davao (Ibid.)

Colliers International, a real estate company active in the Philippine property market, noted that property sales to Chinese nationals have risen in 2017 and continuing through this year, due to the influx of Philippine Online Gaming Operators (POGO) which sustained the office market and consequently impacted residential sales as POGOs often supply housing for their staff (Colliers Quarterly Q1 2018 10 May 2018). Foreigners are allowed to own condominium units in the Philippines, under certain limitations of the Constitution.

And his people’s minds loop back to the unfathomable question of why he seems so set on giving to China what his people already own by the painstaking efforts within the law, of the truly patriotic men and women of past political administrations. It is a greedy usurpation of the people’s basic right to property, along with the right to life and liberty, in the Constitutional Bill of Rights.

*

[emphasis mine]

aquila legis & aegis juris, birds of the same feather?

when ralph trangia flew away two days after he was tagged as one of the culprits behind atio castillo’s hazing death, it was taken as a sign of guilt.  but then he returned 20 days later — a sign, his legal counsel said, of innocence and willingness to face and disprove the charges against him.  hmm, di ba.  if he were innocent, why the flight?

baka mas malamang na US authorities would have found and deported him back to manila anyway?  or some brods, maybe Big Bro himself, (kung sino man iyon) asked him to come back for the “good” of the frat, maybe promised that he would not spend a day in jail, maybe even citing the aquila legis – lenny villa case?  read Fratmen in Lenny Villa hazing get slap on wrist by philstar‘s edu punay and romina cabrera.

In November 1993, Caloocan City regional trial court Judge Adoracion Angeles convicted 26 [Aquila Legis] fraternity members of homicide. But the Court of Appeals (CA) later acquitted 19 suspects, a decision affirmed by the Supreme Court (SC).

The CA affirmed the convictions of Fidelito Dizon and Artemio Villareal for homicide. When the case was appealed to the SC, the high tribunal in 2012 set aside the findings of the CA.

The SC found Dizon and four other fraternity members guilty of the lesser offense of reckless imprudence resulting in homicide. Villareal died in 2011. Others convicted by the lower court were freed.

Dizon and four others were sentenced to four months and one day as minimum and four years and two months as maximum. But in 2014, the SC issued a final decision that the five fraternity members convicted of reckless imprudence were “eligible for probation.”

After 26 years, members of Aquila Legis tagged in the Villa case and were acquitted have since moved on, many of them occupying positions in government.

They were able to finish law school, became lawyers, and are now pursuing careers both in private practice and civil service. Most of them were accepted to the Bar after being cleared by the CA in 2002.

One of the 19 Aquila Legis members convicted by the Caloocan City regional trial court in 1993 but cleared by the CA and the SC in 2012 is now a magistrate in the Sandiganbayan: Associate Justice Michael Musngi.

Musngi is also a former undersecretary for special concerns at the Office of the President during the second Aquino administration.

Another acquitted frat member was Jaime Ma. Flores III, who was appointed chair of Governance Commission for Government-Owned and Controlled Corporations under the Duterte administration. He resigned from his post in October 2016.

Flores brought with him another accused in the Villa case, Santiago Ranada III as his head executive assistant in the agency.

Another Aquila member in the Villa case, Adel Abas was also appointed in the Duterte administration as member of the ceasefire committee of the government’s peace panel for the peace talks with Moro rebels.

Another frat brother, Nelson Victorino served as assistant secretary of the Department of National Defense during the Arroyo administration and later became chief of staff of Sen. Grace Poe.

Eulogio Amado Sabban, on the other hand, now serves as director of Office of the President – Legislative Office.

Joseph Rhoderick Lledo is senior vice president of BDO Unibank Inc., while Zosimo Mendoza is director of Oriental Mindoro Electric Cooperative Inc.

Many of them also pursue private law practice: Vicente Verdadero, who served as lawyer for retired general and now MMDA chair Danilo Lim; Percival Brigola, lawyer for Philippine Olympic Committee and complainants in One Dream investment scam; Jonas-Karl Perez of the Picazo Buyco Tan Fider and Santos law offices in Makati; Dalmacio Lim Jr., a contributor in senatorial campaign of former senator Ernesto Maceda in 2013 polls, and law professor Jude Fernandez.

Other acquitted Aquila Legis members are: Amante Purisima III, nephew of retired Supreme Court justice Fidel Purisima who remains active in the frat and served as speaker and facilitator in their international convention in Las Vegas in October 2016; Etienne Guerrero, son of former Deputy Ombudsman for Luzon Jesus Guerrero; and Ronan de Guzman, Paul Angelo Santos, Antonio General and Ernesto Jose Montecillo.

Of the five convicted of reckless imprudence resulting in homicide, two became chiefs-of-staff of prominent politicians—Renato Bantug Jr. to Senate Minority Leader Franklin Drilon and Antonio Mariano Almeda to former presidential son Juan Miguel Arroyo, former representative of Ang Galing Pinoy party-list.

Junel Anthony Ama pursued a career in private law practice.

… [Judge] Angeles, on the other hand, underwent career ordeals that her supporters believe were linked to her decision to convict 26 members of the Aquila Legis fraternity.

Angeles faced administrative cases, charges of child abuse, and maltreatment of her ward and house help, which were all later dismissed by the higher courts. But her promotion was derailed.

Now 77 and retired, Angeles does accuse the fraternity of involvement in her woes, saying she has no regrets even after “facing charges left and right.”

it would seem that indeed no one spent a night in jail (correct me if i’m wrong).  but the lenny villa case as template for how-to-get-away-with-killing-atio?  the cases are only similar in that lenny and atio both died from hazing and that both aquila legis and aegis juris are lawyer frats.  and it is likely that aegis juris lawyers will try similar tactics as did the aquila legis.  read the final decision of feb 2012 penned by associate justice lourdes sereno.

one huge difference, however, is that in lenny villa’s case, there was no attempt to cover up the hazing that led to lenny’s death.  in atio castillo’s case there was clearly an attempt to cover it up.  after medtech bro john paul solano advised that atio be brought to a hospital asap, the frat’s grand praefectus arvin balag ordered solano to take atio to the chinese general hospital (not to nearby UST hospital) and to say that he, solano, stumbled on the body in a street sa balut, tondo.  at kung wala pang CCTV ang world, they might even have gotten away with it.

and then, again, maybe not.  atio’s parents, horacio jr. and carminia, and the manila police would have been unstoppable.  having found the body, they would have tracked down the frat and the frat lib where the hazing took place, and brought charges against the whole frat and their elders for sure.

it was the frat’s bad luck that the police were quick to check out balut tondo and to find CCTVs showing no body being dumped there or found.  worse, there were more CCTVs reported that show solano on a motorcycle following a black fortuner and the red pick-up carrying atio on the way to chinese gen.

and now  there’s bro marc anthony ventura turning state witness, good of him, admitting his part in the hazing, telling how atio died, and naming names.  and what about that facebook chat of the fratboys in a panic and invoking the code of silence.

of course the denials and objections have started.  two frat members named by ventura say they weren’t there.  solano and balag insist that atio died of a heart condition, not because of hazing, what hazing?

and that facebook thread?  there’s no authenticating that daw, and making it public violates daw the cybercrime law, data privacy act, and electronic evidence law.  wala rin daw court order to retrieve the chat thread.  and the search warrant for the frat lib kung saan naganap ang hazing?  defective daw, so di puwedeng gamiting ebidensiya ang mga natuklasan doon ng mga imbestigador.  at kung ano-ano pa.

at least the aquila legis guys were man enough to own up to hazing rites unintentionally gone deadly, disputing only allegations of conspiracy, malice, and the like, and resorting to all kinds of delaying tactics and gimmicks to lighten the penalties.  in contrast, these aegis juris guys are refusing to own up.  the strategy apparently is to deny, deny, deny to death, which makes me wonder if there are aegis juris elders in powerful places that make these arrogant kids think they’re going to get away with murder.

murder nga ba?  they’ll say it wasn’t premeditated, it was just hazing, not meant to kill, just a test of endurance and machismo.  nandoon na ako.  but smart kids that they are, they must have known that severe beating can kill, and they should have known to stop sooner.  but then, sabi nga ni antonio contreras:

When I was receiving the paddles, and being slapped and physically assaulted, all I was thinking was that at the end of the night, I would be blindfolded holding a lit candle in my hand, as the final rituals were done, and I would open my eyes to a new family, one that would shelter me in that unfamiliar land and make it my familiar second home, my alma mater.  But there is another facet to this otherwise promising imagery of family.

When I was already the giver of the pain, as a full member now initiating applicant neophytes after me, it was easy to descend into the abyss of inhumanity, and allow the demons that I did not know existed to take hold of me. Holding the paddle was like holding a gun. The rush of being in control, the high of being in command, one that I am sure every master would experience, are living testaments that even as we are humans, we are still technically from the animal species.

napagkaisahan si atio

the worst part of the aegis juris hazing:  atio was the lone neophyte.  (lenny was one of seven.)  atio was one punching bag for more than 10, maybe more than 20? fratmen.  imagine, all that drunken adrenalin let loose on a single target over a period of four hours !!!  napuruhan talaga si atio.  the question is, SOP ba iyon?  pa-isa-isang neophyte lang?  or was atio the exception?  but WHY.

BYSTANDER

While watching the evening pass by
A bystander saw the moon fall
Into an open manhole but no one
Else seemed to have noticed at all.
A few minutes later a motorbike
With two masked riders passed by
Slowly before the quiet bystander.
The back rider pulled out a gun
And shot him twice at close range,
And a third time while sprawled
On pavement burdened by his blood.
The bystander died with no one else
Knowing how the moon really fell,
Why he was slain by brazen assassins.
No one dared to approach or help him
For fear of being hit by a stray bullet.
The killing could have been a mistake
In a place of diminished opportunities
Where everyone is worth saving.
He might have been someone careless
In a community where no one can recall
The songs to hush children to sleep.
He might have been part of a lost cause,
A fallen angel who lost his fear to fail
By regaining his faith at the corner store.
He strayed blameless as a bystander
To witness what others failed to see:
The moon falling into a gaping manhole.
Victor Peñaranda
December 28, 2016

faculty center fire

ninotchka rosca posted this on facebook in reply to a query regarding the fire that razed UP’s FC building early this morning.

I did think about that — how coincidental that the UP Faculty Center burns down after UP history professors denounce Marcos historical revisionism and Raissa Robles’s book is scheduled to be launched there. What say you?

sana naman ay nagkataon lang.  dahil kung hindi, ibig sabihin ay sinadya ng masasamang loob ang UP faculty mismo, at lalo pa itong nakakaiyak.