RP-Japan Accord ‘Toxic’ Waste

We hope that the Philippine Senate will not ratify the signed Japan-Philippines Economic Partnership Agreement (JPEPA). Mrs. Gloria Arroyo should accept dumping of toxic and hazardous material waste inside Malacanang Palace compound not the entire 7,100 islands. She is considered a traitor, bogus president and working against the interests of the Filipino people and the environment. Dumping of toxic waste in the Philippines is not acceptable. No Way Jose'!

Petition on Toxic Waste JPEPA



Toxic’ RP-Japan treaty signed; Manila to ‘take a look’ only now

By Ayen Infante
Daily Tribune 10/26/2006
Calling senators “self-proclaimed experts,” Trade and Industry Secretary Peter Favila yesterday challenged Congress to pass a bill that would include legislators in negotiating international trade and investments amid charges that dumping of toxic materials in the country was inserted among the provisions in the recently signed Japan-Philippines Economic Partnership Agree-ment (Jpepa).
The labeling apparently stemmed from the senators’ insistence that the Jpepa and other treaties for that matter require their ratification.
Malacañang, for its part, also yesterday said it is willing to review the agreement with Tokyo before it allows its implementation.
“I think it’s about time that we take a look at it,” Executive Secretary Eduardo Ermita told reporters during a chance interview.
Ermita allayed fears that
the Jpepa would turn the Philippines into a toxic graveyard.
“We will always protect the national interest. Anything that will hurt the interest of the country will be prevented,” he said.
The Jpepa was signed by President Arroyo and Japanese Prime Minister Junichiro Koizumi in Helsinki last Sept. 9.
Philippine Senate Majority Leader Francis Pangilinan also yesterday conceded that amending the agreement is easier said than done.
“We cannot amend provisions of a treaty as this will require consent of the other party, in this case Japan, a signatory to the (Jpepa),” Pangilinan said.
The agreement is likely to be junked by the Senate, with environment committee chairman Sen. Pia Cayetano also yesterday raising a howl over it.
Cayetano had managed to extract from Cabinet officials the admission that “goods” stated in the Jpepa refer to “unwanted wastes” from Japan.
She said the proposed treaty will only open the floodgates to hazardous and toxic waste to the country.
“I find this situation unacceptable, however, because we have not even fully implemented the provisions of Republic Act 9003 (Ecological Solid Waste Management Act of 2000) despite its passage into law almost six years ago. We cannot even manage our own garbage, so how can we take responsibility for the wastes of other countries?” Cayetano asked.
Favila and Environment Secretary Angelo Reyes, during budget hearings, admitted to Cayetano that “the Jpepa would allow waste from Japan, as long as it will observe the (Philippines’) environmental laws and its commitment to international treaties such as the Basel Convention of 1989.”
Cayetano said she supports Malacañang’s efforts to give Filipino health workers access to the Japanese labor market but, she added, not through a toxic tradeoff.
It is believed that the Philippines signed the Jpepa to pave the way for the deployment of Filipino caregivers to Japan.
Cayetano urged Malacañang to immediately transmit the treaty documents to the Senate along with the attached commitments of both state signatories for the chamber’s scrutiny and its subsequent concurrence or rejection, in line with the requirements of the 1987 Constitution.
According to Favila, lawmakers should pass a bill that would call for their presence in all foreign negotiations to avoid doubts and promote greater transparency.
“I already told them and proposed that they should pass a bill to address the issue, because I (also) told them already that as soon as an agreement is signed, it will be transparent and submitted to the Senate (for ratification),” he pointed out.
When asked to name the senators he was referring to, Favila said all of them who are “self-proclaimed experts.”
He even cited a World Trade Organization (WTO) convention in Hong Kong in December 2005 when he allowed the participation of prominent personalities of non-government organizations (NGOs) in trade talks.
The Department of Trade and Industry (DTI) chief said he needs to meet the press to explain an article that came out the other day in a broadsheet baring the Philippine government’s inclusion of hazardous waste as a talking point in the negotiations with the Japanese government.
Favila clarified that the inclusion of hazardous waste in the ongoing negotiations under the JPEPA was part of both parties’’ strategy to protect sensitive industries.
He assured both Manila and Tokyo that even with the inclusion of toxic waste in the negotiations, they are still protected by their membership in the WTO agreement and their being both signatories to the Basel Convention, which bans and controls the transboundary shipment and movement of hazardous waste.
Favila said both parties were forced to present toxic materials in the talks to protect other sensitive industries.
He left for Japan also yesterday to join Finance Secretary Margarito Teves there and address a Japan Bank for International Cooperation event.
In a statement, Greenpeace Southeast Asia also yesterday said the legal toxic dumping” the JPEPA allegedly allows “is “nothing short of criminal.”
Greenpeace noted that the Philippines and Japan are signatories to the Basel Convention, a “legally-binding global commitment, which is intended to stop all hazardous waste exports from industrialized countries to developing countries,” that, however, allows the export of hazardous wastes meant for recycling.”
“While this loophole was addressed by the Basel Ban, neither the Philippines nor Japan has ratified the amendment, it said.
Ratification of the Basel Ban would protect the Philippines from hazardous waste dumping by industrialized countries,” the group added.
It urged that the Philippine government “review RA 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act, which, since it is based on the Basel Convention, not on the Basel Ban, carries the inherent loophole of the convention.” Angie M. Rosales, Sherwin C. Olaes and Gerry Baldo

Related Links:
Japanese-Philippines Economic Partnership Agreement
JPEPA Encourage Trade in Hazardous and Toxic Waste

Supreme Court Rejected Bogus People's Initiative

It’s a sweet victory of the Filipino people. The Philippine Supreme Court’s junking of bogus Sigaw-ULAP people's initiative is worst political defeat of Gloria Arroyo-Jose De Venecia. The next battle ground will be in 2007 midterm elections. The end of corrupt and inept Arroyo regime is expected soon. Yes, ROPE for Gloria! Hang ‘em high! An arm length manila rope is enough on Gloria’s neck. The de facto General Ermita- led civilian-military junta will crumble or a subsequent domino effect. The peoples’ court will decide their fate under the new regime. Supreme Court Chief Justice Artemio Panganiban has redeemed himself or restored his reputation after his vital role in the “illegal” swearing-in of then Vice-President Gloria Arroyo as president of the republic in a successful Edsa Dos coup d’etat. Chief Justice Panganiban has sided with the people.


The people win, 8 to 7
SC: People’s Initiative ‘deceptive, misleading’

BY EVANGELINE DE VERA
How they voted
To reject:
Chief Justice Artemio Panganiban, Associate Justices Antonio Carpio (the ponente), Angelina Sandoval-Gutierrez, Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales, Romeo Callejo Sr., and Adolfo Azcuna. Panganiban, Santiago, Gutierrez, Callejo, and Azcuna wrote separate concurring opinions.
To grant:
Senior Associate Justice Reynato Puno (writer of the dissenting opinion), Justices Leonardo Quisumbing, Renato Corona, Dante Tiñga, Minita Chico-Nazario, Cancio Garcia and Presbiterio Velasco Jr.
VOTING 8-7, the Supreme Court yesterday threw out the consolidated petitions for people’s initiative to amend the 1987 Constitution, branding the Palace-backed proposal to shift to a unicameral parliamentary form of government as "deceptive and misleading."
In a 52-page en banc decision penned by Associate Justice Antonio Carpio, the high court denied due course to what it called a "constitutionally infirm" petition for initiative jointly filed by Sigaw ng Bayan and the Union of Local Authorities of the Philippines (ULAP) led by Raul Lambino and Bohol Gov. Erico Aumentado, respectively.
The SC said the initiative mounted by the Sigaw and ULAP called for a wholesale revision and not a mere amendment of the Constitution, thus, violating Section 2, Article 17 of the Constitution which limited the scope of a people’s initiative to mere amendments.
The high court said the petitioners failed to inform initiative signers of the nature and effect of the proposals. It said this is "deceptive and misleading, which renders the initiative void."
The SC also said the signature sheets do not contain a single word, phrase or sentence on the changes proposed by the Lambino group.
It cited Lambino’s admission during oral arguments last September 26 that the signature sheets do not state the text of the proposed changes.
"The unbending requirement is that the people must first see the full text of the proposed amendments before they sign to signify their assent and that the people must sign on an initiative petition that contains the full text of the proposed amendments," the SC ruled.
"An initiative that gathered signatures from the people without first showing to the people the full text of the proposed amendments is most likely a deception, and can operate as a gigantic fraud on the people," the Court added.
Concurring in the decision were Chief Justice Artemio Panganiban, Associate Justices Angelina Sandoval-Gutierrez, Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Conchita Carpio-Morales, Romeo Callejo Sr., and Adolfo Azcuna. Panganiban, Santiago, Gutierrez, Callejo, and Azcuna wrote separate concurring opinions.
The dissenting justices were Senior Associate Justice Reynato Puno, Justices Leonardo Quisumbing, Renato Corona, Dante Tiñga, Minita Chico-Nazario, Cancio Garcia and Presbiterio Velasco Jr.
The dissent argued for a remand of the petition to the Comelec for verification of the over six million signatures. No one voted to grant the Lambino prayer to reverse the Comelec ruling on August 31 and subject the proposed constitutional changes to a plebiscite.
The Court said that having established the infirmity of the petition, there was no need to revisit the 1997 Santiago v Comelec ruling which stopped the Comelec from entertaining petitions for initiative for lack of an enabling law.
"Verily, the Supreme Court is now on the crossroads of history. By its decision, the Court and each of its members shall be judged by posterity. Ten years, fifty years, a hundred years – or even a thousand years – from now, what the Court did here, and how each justice opined and voted, will still be talked about, either in shame or in pride. Indeed, the hand-washing of Pontius Pilate, the abomination of Dred Scott, and the loathing of Javellana still linger and haunt to this day… Let not this case fall into the same damnation. Rather, let this Court be known throughout the nation and the world for its independence, integrity, industry and intelligence," Panganiban said.
Panganiban, who cast the deciding vote that broke the tie in the decision, was one of the six dissenting justices in the Santiago ruling.
He said his current stand is "completely consistent with previous opinions and votes."
The Court said that Lambino’s admission that he caused the printing of only 100,000 copies of the petition for initiative "binds the Lambino group and establishes beyond any doubt that they failed to show the full text of the proposed changes to the great majority of the people who signed the signature sheet."
Thus, of the 6.3 million signatories, only 100,000 signatories could have received with certainty each a copy of the petition.
In ruling that the Sigaw and ULAP petitions called for a revision, the Court said the proposed shift to a unicameral parliamentary system, the abolition of the Office of the President and one chamber of Congress would require changes in at least 105 provisions of the Constitution.
The SC said it cannot abandon its primordial duty to defend and protect the Constitution.
"The Constitution, which embodies the people’s sovereign will, is the bible of this Court. This Court exists to defend and protect the Constitution. To allow this constitutionally infirm initiative, propelled by deceptively gathered signatures, to alter the basic principles in the Constitution is to allow a desecration of the Constitution. To allow such alteration and desecration is to lose this Court’s raison d’etre," the Court said.

The Court said the Constitution, being the fundamental law of the land, deserves the utmost respect and obedience of all the citizens of the nation. "No one can trivialize the Constitution by cavalierly amending or revising it in blatant violation of the clearly specified modes of amendment and revision laid down in the Constitution itself," it said.

The Court said that to allow such change in the fundamental law "is to set adrift the Constitution in unchartered waters, to be tossed and turned by every dominant political group of the day."

"If this Court allows today a cavalier change in the Constitution outside the constitutionally prescribed modes, tomorrow the new dominant political group that comes will demand its own set of changes in the same cavalier and unconstitutional fashion. A revolving-door constitution does not augur well for the rule of law in this country."

The Court said "incantations of ‘people’s voice,’ ‘people’s sovereign will,’ or ‘let the people decide’ cannot override the specific modes of changing the Constitution as prescribed in the Constitution itself." "Otherwise, the Constitution – the people’s fundamental covenant that provides enduring stability to our society – becomes easily susceptible to manipulative changes by political groups gathering signatures through false promises. Then, the Constitution ceases to be the bedrock of the nation’s stability," it added.

BUBALUS CEBUENSIS: Philippines Extinct Dwarf Carabao

Almost 50 years ago, Michael Armas, a mining engineer from the central Philippines, discovered some fossils in a tunnel he was excavating while exploring for phosphate. Forty years later, Dr. Hamilcar Intengan, a friend of his who now lives in Chicago, recognized the importance of the bones and donated them to The Field Museum.

If not for the attention and foresight of these two individuals, science might never have documented what has turned out to be an extremely unusual species of dwarf water buffalo, now extinct.

The new species, described in the October issue of the Journal of Mammalogy, has been named Bubalus cebuensis (BOO-buh-luhs seh-boo-EN-sis) after the Philippine island of Cebu, where it was found. Its most distinctive feature is its small size. While large domestic water buffalo stand six feet at the shoulder and can weigh up to 2,000 pounds, B. cebuensis would have stood only two-and-one-half feet and weighed about 350 pounds.

B. cebuensis, which evolved from a large-sized continental ancestor to dwarf size in the oceanic Philippines, is the first well-supported example of "island dwarfing" among cattle and their relatives.

"Natural selection can produce dramatic body-size changes. On islands where there is limited food and a small population, large mammals often evolve to much smaller size," said Darin Croft, lead author of the study and a professor of anatomy at Case Western Reserve University.

Significant finding on several levels

Water buffalo are members of the cattle family and are placed in the genus Bubalus, which includes four living species. Two species, Bubalus bubalis and B. mindorensis are closely related, and the new fossil species appears to be a close relative of this pair.

B. bubalis is the well-known domestic water buffalo. B. mindorensis, popularly known as a tamaraw, is also a dwarf, although at about three feet tall at the shoulder and 500 pounds it is considerably larger than the newly discovered species. The highly endangered tamaraw lives only on the Philippine island of Mindoro. Two poorly known species of the genus Bubalus from the Indonesian island of Sulawesi, known as anoas, are more distantly related.

The new species, B. cebuensis, teaches scientists a great deal about the entire buffalo genus. Its discovery on Cebu--in combination with the occurrence of the rare tamaraw on Mindoro and a report of fossil teeth potentially referable to Bubalus on Luzon--indicates that this genus might have once lived throughout the Philippines, most of which is an oceanic archipelago, never connected to any continental land mass.

"Documenting past mammal diversity in the Philippines, an area of extremely high conservation priority, is vital for understanding the evolutionary development of the modern Philippine flora and fauna and how to preserve it," said Larry Heaney, a co-author of the study and curator of mammals at The Field Museum. "The concentration of unique mammal species there is among the very highest in the world, but so is the number of threatened species."

B. cebuensis also can help scientists to better understand "island dwarfing," whereby some large mammals confined to an island shrink in response to evolutionary factors. This may occur due to a lack of predators (the animal no longer needs to be large to avoid being eaten) and/or limited food (smaller animals require less food).

The research could provide insights into debates on the evolution of small-bodied species elsewhere in the tropics such as the proposed new hominid, Homo floresiensis, found on the Indonesian island of Flores in 2003. "Whether or not Homo floresiensis ultimately is shown to be a new dwarf hominid species, discovery of this new fossil water buffalo provides additional evidence that dwarf species can evolve quickly in isolation," said John Flynn, a co-author of the study, and chairman and Frick Curator in the Division of Paleontology at the American Museum of Natural History. "Other fossil dwarf mammal species likely remain to be discovered in the poorly explored island systems of tropical Southeast Asia."

The discovery of B. cebuensis supports the hypothesis that the tamaraw evolved to a small size due to its island habitat. Further, the fact that B. cebuensis lived on a smaller island than the tamaraw and evolved into a smaller size than the tamaraw supports the hypothesis that the size of an island plays a role in island dwarfing: the smaller the island, the smaller the dwarf.

The new discovery also shows that dwarfing can affect different parts of the body differently. For example, B. cebuensis had relatively large teeth, which is typical of island dwarfs, but also relatively large feet, which are usually reduced in dwarfing.

Scientists were able to determine the size and features of the new species based on a partial skeleton consisting of two teeth, two vertebrae, two upper arm bones, a foot bone, and two hoof bones. The fossil could not be dated with certainty, but the authors estimate that it probably lived during the Pleistocene ("Ice Age"), probably between 10,000 and 100,000 years ago, but it is possible that it is younger.

The discovery demonstrates that there are fossils to be found in the Philippines, which rarely produces fossils due to its hot, wet conditions, which are not conducive to fossil preservation. Only a few fossils of elephants, rhinos, pig, and deer have been found previously, according to Dr. Angel Bautista, a co-author of the study and curator of anthropology at the National Museum of the Philippines in Manila. "Finding this new species is a great event in the Philippines," he said. "We have wonderful living biodiversity, but we have known very little about our extinct species from long ago. Finding this new fossil species will spur us to new efforts to document the prehistory of our island nation."

The Philippines include more than 7,000 islands. During the last glacial maximum about 20,000 years ago, much of the water in the oceans was frozen in glaciers, resulting in much lower sea levels--about 400 feet lower. Because of this, some groups of current islands within the Philippines became connected by land. Some of the mammals, including water buffalo, probably migrated to the Philippines during these periods by swimming short distances between islands. Once the glaciers melted and sea levels rose, these mammals became isolated on their respective islands. Over the years, they evolved into the unique species found there today.

According to Heaney, about 200 native mammal species currently live in the Philippines, and nearly two-thirds of them are endemic (only found there). Only Madagascar has a higher percentage of endemic mammals.

"This discovery highlights the importance of making fossils available for scientific study," Croft said. "If not for the generosity of Mr. Armas and Dr. Intengan, we probably never would have known about this extinct species."

Source : Field Museum

Jocjoc Bolante’s Habeas Corpus Petition Dismissed

The Ombudsman Malditas Gutierrez is still investigating the P728 million fertilizer scam filed by former Solicitor General Frank Chavez and Sen. Ramon Magsaysay Jr., chairman Senate Committee on Food and Agriculture. The truth is that the case is not moving or gathering dust and cobwebs in the Office of the Ombudsman. Former DA Usec Jocjoc Bolante cannot be extradited without final resolution of the fertilizer scam. Documents from the Commission on Audit showed that more than 100 House of Representatives members, 53 governors and 26 town mayors received between P3 million and P10 million each in fertilizer funds from the Department of Agriculture shortly before the May 2004 elections. What do we expect from Malditas? Is she a part of cover-ups operations?


Wisconsin court summons lawyer Harry Roque to testify in Bolante case

Joc-Joc’s bail junked; now seeks US asylum

Daily Tribune 10/22/2006

For the second time running, President Arroyo’s former Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante’s bid for freedom has been denied by the Wisconsin Court and Bolante remains confined at the Kenosha County jail in Wisconsin.
He is now said to be officially seeking political asylum, with Philippine lawyer Harry Roque, who had earlier submitted his amicus brief to the court, which earlier took it in “advisement,” saying that Bolante will have difficulty in proving political persecution while he continues to be protected by President Arroyo.
In a Tribune telephone interview yesterday with Roque who is attending a conference in Sydney, Australia, the lawyer informed the Tribune that he had received an official summons from the US court for him to be present at the hearing of the Bolante case on Nov. 7.
“I will be vigorously opposing his petition for political asylum. For him to claim that the Senate inquiry on the P3 billion fertilizer funds scam is politically motivated and that the charges against Joc-Joc are unfounded would be deemed a “frivolous” excuse in seeking political asylum,” Roque said.
But the lawyer also said he would help Bolante in seeking political asylum in the US and would pose no opposition to it, if the former Agriculture official agrees to a deposition where he will tell all about the fertilizer funds scam where billions of public funds were diverted to the campaign kitty of Mrs. Arroyo and partly used to fatten the campaign chests of her political bets, to ensure that the vote would go to Mrs. Arroyo.
“I will be in the US, in Kenosha county jail a day before the court hearing, at exactly 9 a.m., to await the decision of Joc-Joc on whether he agrees to a deposition or to ignore it. If he agrees to a deposition and tells all, then I will not oppose his petition for political asylum,” Roque said, adding that “I will even testify to the fact that his life will definitely be in danger if he returns home, as he will be facing the wrath of Mrs. Arroyo if he spills the beans. That would certainly be legitimate grounds for political asylum as there will be political persecution on him.”
Thus far, there has been no communication between Bolante and Roque.
In the ruling by District Judge Lynn Adelman, a copy which was furnished the Bolante contends that the inquiry is politically motivated and that any allegations against him are unfounded. He did not respond to the summons but rather traveled to Hong Kong and then to the United States. He arrived in Los Angeles on July 7, 2006, where officers of the Department of Homeland Security (DHS) detained him and have since declined to release him on bond.”
Bolante insists that he had a valid US visa, but the ruling also made mention of the fact that a consular officer in the American Embassy in Manila, wrote Bolante twice to inform him that his visa had been canceled.
“A consular officer in Manila to petitioner on Feb. 15, 2006 and March 20, 2006 (advised) him that his visa was no longer valid. The March 20 letter states that ‘as of today your nonimmigrant visa has been revoked under INA § 214(b).’ A nonimmigrant visa is one issued to an alien who intends to remain in the United States indefinitely. INA § 101(a)(15). Petitioner denies receiving either letter. He states that the consul had no reason to believe that he would overstay his visa and no lawful basis for revoking it. He states that his wife remains in the Philippines and that he owns property there. He disputes that the Philippine Senate issued an arrest warrant for him.
“Petitioner states that when he traveled to the United States, he believed he had a valid visitor’s visa; he has since concluded that the government unlawfully revoked that visa. Upon arrival in Los Angeles, petitioner advised DHS that he intended to remain in the United States for two months to discuss the possibility of establishing a trading business, see his dentist and submit his expense report to Rotary International, of which he was the treasurer. DHS advised petitioner that the Philippine Senate had issued an arrest warrant for him and that as a result, the United States consular office in Manila had revoked his visa.
On July 13, 2006, the United States initiated removal proceedings against him.”
It was also stated in the ruling that a consular officer, the Secretary of State or the Secretary’s delegate may revoke a visa. The rule does not limit an officer’s discretion to revoke a visa, but State Department regulations impose guidelines governing revocation.
It was further stated by the judge that with the new laws, “Congress has taken it (jurisdiction) out of my hands.”
It will be recalled that Bolante had impleaded even Condoleeza Rice, but it appears that the Secretary of State is empowered to revoke visas.
“Petitioner argues that the (US) government violated 22 C.F.R. § 41.122(a) by revoking his visa because of a political dispute in the Philippines and that it is therefore detaining him without due process.”
But the judge pointed out that the argument cannot be addressed since she lacks “ subject matter jurisdiction over the case. The legality of petitioner’s detention depends on the resolution of such issues as whether the government lawfully revoked his visa and whether he is removable from the United States and, as indicated, I am precluded from reviewing those issues.
“Further, because the government has initiated removal proceedings and such proceedings are ongoing, the present case is not within the narrow category of cases over which district courts have jurisdiction.
“In addition, I may not review DHS’s refusal to parole petitioner..(and) because I lack jurisdiction to grant a writ, I have no inherent power to grant bail as a means of making the habeas remedy effective.”
The petition for Bolante’s writ of habeas corpus was dismissed for lack of subject matter jurisdiction, as was his petition for bail since the DHS refused to grant Bolante bail.
Earlier, the American lawyers of Bolante spoke with the Philippine lawyer in the US, Mary Crost, of the Roque team in the Bolante case, and sought to cut a “one-time” deal between Bolante and Sen. Ramon Magsaysay Jr, who headed the Senate panel that probed the fertilizer fund scam. The deal failed to push through because Magsaysay refused to agree to it, saying that if Bolante had anything to say, he should say it openly, as the senator insisted on transparency.
Shortly after, the American lawyers again used the Philippine newsclippings that had the mother of an alleged rape victim of an American serviceman and his three colleagues who allegedly cheered him on as the rape took place in a van, saying that an exchange deal was offered the victim: Bolante’s case for the US servicemen’s acquittal. This was used as “proof” that Bolante and his continued detention in the kenosha jail were being used for political ends.
There was doubt, however, that this could stand up in the American court.
The latest move made by Bolante and his lawyers was to ask Magsaysay to make himself available for Bolante’s hearing on Nov. 7 through a teleconference.
Magsaysay thumbed down the Bolante request, saying there was nothing that he could add or subtract to the Senate’s case and the evidence against Bolante lodged before the Ombudsman, but which the Ombudsman has not acted on, despite an earlier complaint on the same fertilizer funds scam issue lodged a year earlier.
The senator wants Bolante to come home and face the music, for him to testify before the Senate, for the arrest warrant to be lifted.
It was noted that the request for Magsaysay’s teleconference presence at the hearing did not come from the judge, but from Bolante.
Roque received a summons from the court, which he said he will honor.
Bolante is believed to be protected by Mrs. Arroyo and the Department of Foreign Affairs (DFA).
They have refused to provide any information on Bolante, and would have kept the arrest of the former Arroyo official secret, had his arrest not hit the media.
The DFA officials lamely claimed, two days after his arrest, and two days after the news broke in the media, that their offices were closed, being a holiday and that they could not immediately report on the arrest of Bolante.

Related Links:

Witnesses to Fertilizer Scam: Killed, Hunted

President Gloria Macapagal Arroyo is the Coddler of Criminals

PAGC still probing Bolante for ‘fertilizer scam’

Milking Cow: Marcos' Recovered Swiss Wealth

P729 Million Fertilizer Scam

A DYING REGIME

The Court of Appeals 60 days TRO is just a Band-Aid solution. Public anger is ready to explode. The abuse of political power by illegitimate authority -bogus President Gloria Arroyo destroys the fibers of republican democracy. She violated the Constitution several times to remain in power. Where’s the system of checks and balances? Gloria Arroyo is guilty for obstruction of justice, covering-up fraud and stonewalling by deliberately refusing her underlings to cooperate in senate inquiry of alleged anomalies committed under watch. WE, the people must resist Reina Gloria Encantada’s despotic abuses, if not tyranny will triumph. The limits of tyrants are determined by the courage and strength of those whom they oppress. Despotic Malacanang Palace backed track because of the determination and principled grounds of Makati city Mayor Jojo Binay. The fall of discredited and bankrupt Gloria Arroyo regime is imminent and only time can tell.



Why Ermita’s Binay suspension order is void

By Alan F. Paguia
Daily Tribune 10/20/2006
Executive Secretary Eduar-do Ermita’s preventive sus-pension order against Makati City Mayor Jejomar Binay, dated Oct. 16, 2006, is illegal and, therefore, void on its face.
Why?
First, under Section 63 (a1) of the Local Government Code of 1991 (Republic Act 7160), preventive suspension may be imposed “by the President,” not “by the Executive Secretary” and not “by the Office of the President.” The law is clear and specific. It confers the authority on the person of “the President.” In other words, the exercise of the authority requires the personal attention of “the President.” The Executive Secretary has no authority under the law to impose preventive suspension or issue the suspension order.
Second, under the Adminis-trative Code of 1987 (Executive Order 292, Book III, Title III, Chapter 9, Section 27, sub-paragraph 2), the Executive Secretary has the duty to “IMPLEMENT presidential directives, orders and decisions.” The law does not authorize him to MAKE or ISSUE “presidential directives, orders and decisions.” He may PROMULGATE and IMPLEMENT, but he cannot MAKE them. May
the President delegate such authority to the Executive Secretary? No. The Executive Secretary cannot substitute his personal discretion over the President’s. To do so would, in effect, make him an “acting President.” Under the Constitution, the Executive Secretary can never become an “acting President.”
Third, the order was signed by General Ermita alone. While it is true the Executive Secretary is authorized by law to sign papers “by authority of the President,” it is equally true such authority is limited to IMPLEMENTING, not MAKING “presidential directives, orders and decisions.” In the case of Mayor Binay, the suspension order was MADE by the Executive Secretary, not by the President. The order does not merely IMPLEMENT. It is the suspension order itself. The order does not even mention any suspension order signed or issued by the President herself. Thus, it seems clear that the Executive Secretary is imposing, albeit without legal authority, the subject preventive suspension.
Fourth, while it is true the Executive Secretary is authorized by the Administrative Code to “decide, for and in behalf of the President, matters not requiring personal presidential attention,” it is equally true the matter of placing a duly elected Metro Manila city mayor plainly requires “personal presidential attention.” Moreso where the controversy involves the possible political destabilization of the country’s premiere financial hub.
Fifth, the Executive Secretary’s order admits Mayor Binay had duly requested a “bill of particulars.” The law provides that - BEFORE responding to the complaint - a party may ask for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definitiveness or particularity to enable him to properly prepare his answer (Rule 12, Section 1, Rules of Court, which applies by parity of reasoning with respect to similar factual situations in administrative or criminal cases). The Executive Secretary completely disregarded the request for a bill of particulars without stating nor claiming there was no need for it. Therefore, there is an implied admission there is valid ground for a bill of particulars. Consequently, Mayor Binay could not possibly “properly prepare his answer or responsive pleading.” It would follow that without being given the opportunity to properly prepare his answer, it was UNFAIR for the Executive Secretary to have concluded the issues have been joined. Under the law, preventive suspension may be imposed only AFTER issues have been joined. In Mayor Binay’s case, there appears no proper joining of issues. Therefore, his constitutional right to due process of law was violated when he was placed under preventive suspension.
Sixth, the Executive Secretary’s ruling to the effect that “the evidence of guilt is strong” is in the nature of a quasi-judicial conclusion. Reason dictates it must state clearly and distinctly the facts and the reasons on which it is based. Instead, the order lamely argues “the documents submitted as annexes to the complaint present strong evidence of guilt that some of the employees may be ‘ghost employees’ from their respective offices, collecting salaries from the city government to the prejudice of the latter.” This is an absurd case of a conclusion being supported by exactly the same conclusion. What is the nature of the documents referred to as strong evidence? The order does not say. Which particular annex is referred to as strong evidence? The order does not say. Why are such annexes considered strong evidence of guilt? The order does not say. Who are the particular ghost employees? The order does not say. How many ghost employees are there? The order does not say. The order seems to expect the reader to accept the conclusion of the Executive Secretary as self-evident truth. Is that fair or legal? No. The law abhors unreasonability. An administrative conclusion which does not state its factual and legal bases is necessarily presumed to be baseless in fact and in law. That conclusion is, therefore, unreasonable.
Is General Ermita trying on Mrs. Gloria Arroyo’s presidential shoes for size? So it seems. But he must remember, those shoes were stolen - not just once before, but twice. And the rightful claimant may reclaim it sooner than later.

Photos: Makati Rally

Commission on Audit (COA)
: P3B of P35B
FM funds squandered

Civilian Volunteer Organizations (CVOs) Against the New People's Army (NPA)

Is the Arroyo government really winning in the all-out war against the communists?

AFP recruits 9,000 militias to end insurgency
PRESS RELEASE
Information Bureau
Communist Party of the Philippines
EO 465 to form Arroyo's fascist armed vigilantes -- CPP
October 14, 2006
The Communist Party of the Philippines (CPP) today urged the Filipino people to oppose the Arroyo government's Executive Order No. 465 to form a new Civilian Volunteer Organizations (CVOs) that will be used as Gloria Arroyo's fascist armed vigilantes. The CPP anticipates the intensification of human rights abuses as these CVOs will be used to suppress legitimate opposition to the ruling regime.
A brainchild of Interior and Local Goverments Secretary Ronaldo Puno, EO 465 was signed recently by Gloria Arroyo for the mobilization, training and arming of CVOs as local armed auxiliary units working under the supervision and command of the Philippine National Police (PNP) "to counter terrorist threats." The CVOs will be in addition to the Civilian Armed Forces Geographical Units (CAFGUs) under the supervision and command of the Armed Forces of the Philippines.
CPP spokesperson Gregorio "Ka Roger" Rosal said Malacañang's formation of a new armed CVO "has the actual objective of building Gloria Arroyo's fascist armed vigilantes at the 'grassroots' livel to support its military, police and other state apparatuses. It aims to terrorize and lord over barangays and local governments, consolidate and perpetuate its hold on power and fight people's revolutionary and democratic resistance and other legitimate opposition to her regime."
"Arroyo's CVOs will only add to the fascist atrocities of the AFP's CAFGUs, death squads and other fascist paramilitary forces and will raise human rights violations to unprecendented levels of intensity," Rosal said.
Rosal said that Puno's planned nationwide barangay and town-based CVO setup is no different from Marcos' notorious Barrio Self-Defense Units (BSDUs) and Civilian Home Defense Forces (CHDFs); Fidel Ramos' CVOs, CAFGUs and other armed anti-communist and anti-Muslim "vigilante" groups initiated since the Aquino regime; and the Davao and Cebu-based "death squads" which have heartened Gloria Arroyo. "Like these notorious vigilante groups, Arroyo's CVOs will be used as instruments of violent suppression in the vain effort to perpetuate itself in power."
Rosal recalled that it was also Puno who originally conceived and initiated the Barangay Tanod under Marcos' martial law dictatorship. "Inspired by Hitler's Brown Shirts Stormtroopers, he planned to transform the barangay tanods into a loose local fascist force." Rosal said that Puno had already set up a number of secret training schools to train local goons to put up a barangay-based Marcos army, but this was frustrated by the downfall of the Marcos dictatorship.
shocking effect at first, but it will not take long before their political and military weaknesses begin to show and disintegrate them.
"These CVOs are viable targets of political work or military operations by the New People's Army. The more arms the government supply to these auxillary groups of theirs, the more arms will eventually be available to the NPA either in the course of battle or in the course of neutralizing or winning them over to the side of the revolution."

Reference:
Marco Valbuena
Media Officer
Cellphone Numbers: 09179776392 :: 09282242061
E-mail:cppmedia@gmail.com

The Philippines' Unending Guerrilla War

Why more Filipinos disagree with the early junking of the 2nd impeachment complaint against Gloria Arroyo?

Why more Filipinos disagree with the early junking of the 2nd impeachment complaint against Gloria Arroyo? How to transform peoples’ displeasure and dissatisfaction against corrupt and inept Arroyo regime into collective action? Take your pick blog shame campaign, mass action, assassination, kudeta, revolution, election? An active volcano needs a vent to release its volatile pressure. The Philippines is a social volcano ready to explode. Poverty and economic uncertainties is a recipe to mass uprising. Here come 2007 national elections. It will be a judgment day for those shameless congressmen who sold their souls to devil in Malacanag Palace. The majority members of the lower house are paid lackeys of Gloria Arroyo. Boxes of documentary evidence and testimonies were prohibited to be presented in the justice committee hearing. Why? Are they scared of the truth? There was no fair game at all. It was a total sell-out. Lutong Makaw! Most likely baboy Dagupan Jose De Venecia and his cohorts will be rejected by Filipino electorate.

Philippine bogus President Gloria Arroyo and Jose Pidal crime family will campaign hard in the 2007 elections in order to retain majority Lakas-Kampi Party congressmen and pro GMA senators. An opposition controlled Congress means Gloria Arroyo will be skinned alive for her crimes against the Filipino people and the State. Pandak will not spend a single centavo from her own pocket in the campaign but at expense of people’s tax money. Malacanang Palace is cooking another scam in the P3.5 billion school feeding program thru NFA rice importation. The proposed restoration of the P200 million pork barrel allocations of senators and P70 million each for congressmen under the 2007 budget is seen as an indirect bribe to buy congressmen’s loyalty. The P500million OWWA trust funds and P728 million fertilizer funds for farmers were illegally diverted to Gloria Arroyo’s 2004 political campaign fund. The political survival of the Arroyo crime family is at stake and must buy loyalty of the military-police, justices and lawmakers at all cost to survive.




17 October 2006
Third Quarter 2006 Social Weather Survey:
45% disagree with House decision to junk
PGMA impeachment case; 48% say it was rushed
Social Weather Stations
More Filipinos disagree (45%) than agree (30%) with the decision of the House of Representatives last Aug. 24 to junk the second impeachment case filed against President Gloria Macapagal-Arroyo, according to the Third Quarter 2006 Social Weather Survey.
The latest poll shows greater opposition to the House's decision compared to last year when Filipinos were split (37% disagreed and 36% agreed) on the dismissal of the first impeachment case against the President on Sept. 7, 2005.
The new survey, conducted from Sept. 24 to Oct. 2, 2006, also found that 48% believe that the House rushed its decision to throw out the latest complaint.
The second impeachment complaint, accusing the President of graft and corruption, betrayal of public trust, culpable violation of the Constitution, bribery and other high crimes, was filed by the Black and White Movement on July 28. On Aug. 24, the House of Representatives, voting 173-32 with one abstention, adopted the justice committee's report endorsing the dismissal of the complaint for lack of substance.
The House's decision more unpopular in Metro Manila and among upper classes
A majority (56%) in Metro Manila and half (51%) in the rest of Luzon oppose the House's decision to dismiss this year's complaint [Table 1].
Opinions are mixed in the Visayas, with 32% agreeing and 36% disagreeing, and in Mindanao, with 37% agreeing and 34% disagreeing.
All socio-economic classes are predominantly against the decision of the House: 52% in classes ABC, 46% in class D, and 41% in class E.

Disapproval increased across the board
Opinions in the Visayas and Mindanao agreed with the House's dismissal of the impeachment complaint last year, but became split this year as net agreement scores (computed by deducting % disagree from % agree) fell from net +12 to net -4 in the Visayas, and from net +11 to net +3 in Mindanao.
Opposition to the House's move intensified in Metro Manila as net agreement went from net -24 to net -35, and in Mindanao, from net -5 to net -23.
All socio-economic classes also became opposed, or increased their opposition, to the junking of the impeachment complaint: from net +4 (2005) to net -23 (2006) in classes ABC, net -3 to net -14 in class D, and net +3 to net -14 in class E.
The decision was rushed
Majority in Metro Manila (67%) and the balance of Luzon (51%) think the decision to reject the impeachment case against the President was made too quickly. About two out of five in Mindanao (44%) and Visayas (36%) feel the same way [Table 2].
Majority (54%) in classes ABC, 49% in class D, and 45% in class E believe the decision as rushed.
The House deliberated on the justice committee's recommendation on the complaint for 17 hours before voting on it last Aug. 24.

Bogus President Gloria Arroyo Suspends Popularly Elected Makati City Mayor Binay

On Persecution Binge, GMA Suspends Makati City Mayor Binay
Why Malacanang lapdogs needed 1,000 plus police force to serve a suspension order on Makati City Mayor Jojo Binay? It’s overkill! As usual selective justice is at work. It’s expected that opposition leader Mayor Binay will be suspended by Malacanang. How can a bogus President Gloria Arroyo thru DILG suspend an elected local executive by MERE SUSPICION of alleged crime? What 500 ghost employees? Are they identified? Gloria Arroyo and her cohorts cheated and manipulated election results even dead people voted for GMA 1,000,000 X. Physical and documentary evidence/testimonies had proven and identified former Comelec commissionaire Virgilio Garcillano and military-police top officials cheated in favor of Gloria Arroyo. Are they suspended too? She’s really stinks and has no clear mandate! Oust congenital liar and ultimate cheater Gloria Arroyo!


REMOVING THE CORRUPT


DAILY TRIBUNE 10/18/2006

Determined to oust opposition leaders out of their power bases, President Arroyo instead created a crisis in the country’s financial district after she ordered the 60-day suspension of Makati Mayor Jejomar Binay, his Vice Mayor, Ernesto Mercado, and 16 city councilors yesterday.
The ongoing crisis was taken seriously by the United States government, as the American Embassy in Manila issued an advisory to its citizens asking them to exercise caution when traveling in the Makati vicinity in anticipation of heightened state of security and demonstrations as a result of Binay’s suspension from office.
“Please plan your travel accordingly: avoid crowds and exercise caution when traveling in the Makati vicinity. A reminder, even demonstrations intended to be peaceful can turn confrontational and possibly escalate into violence,” the advisory said.
Binay refused to step down from his office following the 60-day suspension order issued against him and his officials by theDepartment of the Interior and Local Governments (DILG).
Binay, who filed a petition for temporary restraining order from the Court of Appeals, said he will contest the order since it violates several provisions of the local government code.
“I will not leave (my office). I will wait for the decision of the Court of Appeals since this is a highly irregular and illegal order,” he added.
Binay received a 60-day “preventive suspension” order accusing him of defrauding the government with 500 non-existent employees on the city payroll, said DILG Secretary Ronaldo Puno.
Dressed in a Marine uniform, Binay was holed up on the 21st floor of Makati City Hall and told reporters he would defy the order. “I will not follow this illegal order. They might as well kill me here but I will never run away from this fight,” he said.
A leading opposition figure, Binay has been widely criticized by the administration for allowing opposition groups to hold huge anti-Arroyo rallies in Makati that have seen the financial heart of the city grind to a halt.
He is the second opposition Manila mayor to be suspended by Malacañang.
Detained President Joseph Estrada, for his part, yesterday called on Malacañang to stop its blatant harassment and persecution of opposition leaders following the suspension order issued by Executive Secretary Eduardo Ermita against Binay.
“There is an obvious systematic attempt to vilify and prosecute opposition members who are not on the ‘right’ side of the political fence,” Estrada said through his lawyer, former Immigration Commissioner Rufus Rodriguez. “This is no reason to deprive them of the mandate to serve the people, earned through the ballot and not through a political appointment.
He urged Mrs. Arroyo to abandon this tactic “as it will only deepen the political crisis in our country and prove to her critics that her administration is indeed bent on silencing the opposition through whatever means - which translates to little more than a undeclared state of martial law.”
He also noted that only opposition-allied local officials were being earmarked for suspension while administration allies remained untouched.
“Even ordinary citizens notice that administration officials with pending cases are not being made to answer for their crimes,” Estrada said. “There is a double standard of justice prevailing here and it does not speak well of the real reasons behind Mayor Binay’s suspension.”
“What happened to the multi-million peso scams involving administration allies, like the fertilizer fund scam, the PEA-Amari deal, the Diosdado Macapagal Boulevard scam, and other high profile plunder cases? Why has no one been made answerable for these?” Estrada asked.
Binay said the suspension was “political harassment” for his support of opposition forces seeking to oust Arroyo on charges that she cheated to win the 2004 elections.
Former president Corazon Aquino visited Binay to show her support and hundreds of Binay followers were massing in the area to resist any attempt to remove the combative mayor.
Temporary Makati mayor Rodolfo Ferarin was installed in another building.
Puno minimized the danger of unrest, saying there was no need to eject Binay or the other officials from their offices.
He denied the case was politically motivated, stating that other pro-administration mayors had been suspended on similar grounds.
Malacañang yesterday was hard-pressed in attempting to convince the public that the suspension of the Makati Mayor and all his councilors had no politics involved, as its aides claimed that they merely followed the law when it approved the issuance of preventive suspension on the Makati officials en masse.
Press Secretary Ignacio Bunye denied that they are initiating a campaign against all critics from the local government units (LGUs) with Binay and Pasay City Mayor Wenceslao “Peewee” Trinidad as early victims.
But Bunye said Malacañang is not discounting the possibility of a permanent officer-in-charge from the DILG being installed for the duration of Binay’s suspension.
The Palace, however, is mum on the challenge of Binay for the Palace and Executive Secretary Eduardo Ermita to make public the alleged list of ghost employees in the Makati City government which was claimed to be the basis of Binay and his officials’ suspension.
The Makati Mayor, who refused to acknowledge the suspension order from DILG, said he has yet to receive a list of the alleged ghost employees in Makati City Hall.
The Vice Mayor received the suspension order but said he will contest it before local courts. “I received (the suspension order) because I believe that law still exists in our country,” he said.
DILG Undersecretary Wencelito Andanar, escorted by several armed policemen, served the suspension order shortly before 6:45 a.m. at the Makati City Hall.
Feraren, the appointed mayor, was ordered to hold office at the old Makati City Hall.
Andanar downplayed the tension at the city hall as he urged the employees and department heads to report back for work.
“It’s business as usual. We will not allow the city hall’s operation and essential services to be disrupted just because Binay refused to honor the suspension,” Andanar said, adding that he had asked Feraren to call a meeting with all the department heads yesterday.
About a thousand battle-geared policemen from the Southern Police District and National Capital Regional Police Office were ordered to maintain peace and order in the city.
Binay and his officials remained encamped at his office at the 22-storey Makati city hall building as supporters held massive vigil at the quadrangle.
Andanar said DILG is leaving it to the police on how long they will let Binay stay inside his office. “He has to leave. If he doesn’t want to leave, that’s his (decision). I know that Mayor Binay knows the consequences,” Andanar said.
Later in the afternoon, report said that Feraren has given the camp of Binay two days for him to wait for the result of his petition for TRO and for him to vacate his office.
House Minority Leader Francis Escudero denounced the suspension of Binay, saying it had no basis. Other members of the opposition parties and civil society who also provided support for Binay were Manila Vice Mayor Danilo Lacuna, former Vice President Teofisto Guingona, Bagong Alyansang Makabayan secretary general Renato Reyes Jr., Linggoy Alcuaz of the National Coordinating Council for Volunteers, filmmakers Armida Siguion-Reyna and son Carlitos, members of militant groups and the Partido ng Masang Pilipino, an organization aligned with former President Estrada.
They criticized the administration for what they called an obvious attempt by the government to neutralize the opposition before the May 2007 elections.
Escudero said the Arroyo administration is targeting local officials affiliated with the political opposition.
He accused Malacañang of having no delicadeza as it disrespected the country’s democracy by appointing Feraren, DILG’s Metro Manila director, as acting mayor of Makati.
Feraren does not have the people’s mandate as he was not duly elected and did not get a single vote from the locality, he pointed out.
Aquino has reiterated the challenge for the government to name the alleged ghost employees in the complaint. She denounced the Malacañang order as it failed to consider Binay’s pending petition before the Apellate Court for a TRO.
San Juan Mayor Joseph Victor Ejercito yesterday asked the government to simply let them do their jobs and stop harassing them as he stressed the suspension order against Binay was a slap on the faces of the people who had elected him.
Leaders of the opposition had turned up at City Hall Monday in support of the mayor, among whom was Navotas mayor Toby Tiangco.
Meanwhile, administration and opposition senators crossed party lines in rallying behind Binay, as they unanimously said it was nothing but pure political persecution and an abuse of the justice system, noting the apparent crackdown on all political figures in the local front.
Senators were one in noting the apparent pattern in which local executives are getting suspended from discharging their duties, saying it could be nothing but politically motivated.
Sen. Edgardo Angara warned Malacañang against continuing its alleged crackdown against mayors, especially when the polls are just few months away, saying it could only take its toll on the administration.
“This can be perceived as an abuse of the justice system and it is quite surprising that the victims are all opposition figures,” said Angara in an interview with reporters.
“This is a very bad situation because Makati City is the financial center of the country and many foreign businesses are located there including some of the biggest banks of the world and these multinational companies have very sensitive antennas that will flash this negative news to their officers all over the world,” he warned.
Sen. Ramon Magsaysay said: “This is pure and simple political persecution. There is no more level playing field insofar as justice is concerned because I have heard some other mayors have more cases filed against them but the DILG just honed in on Binay and before, (Wenceslao “Peewee”) Trinidad of Pasay City. As you can see, this is a selective partisan suspension of opposition mayors.”
Minority Leader Aquilino Pimentel Jr said: “The suspension of Mayor Jejomar Binay shows ruthless, schizophrenic, hypocritical Gloria Macapagal-Arroyo prosecuting local government officials who are against her while coddling others supporting her. It’s time to use all licit moves to check her abuses. Michaela P. del Callar, Dona Policar, Angie M. Rosales, Sherwin C. Olaes, Gerry Baldo, Gina Peralta-Elorde, Jason Faustino and AFP

Philippine mayor defies government

Catholic Bishops Call For Comelec Purge

The Commission on Elections (Comelec) has zero credibilty to conduct a free and credible elections with the present leadership and manpower. They are corrupt and partisans. Total revamp or purge of the Comelec from top to bottom to restore its credibility to conduct electoral exercises. Comelec chairman Benjamin Abalos Sr. had shown his true colors during the rigged 2004 presidential election. He was involved in dagdag-bawas (vote shaving) scheme cover-up and over printing of security ballots and certificate of canvassers (COC)’s.

More Evidence Lanao Electoral Fraud 2004


CBCP calls for Comelec purge

By Marie A. Surbano

DAILY TRIBUNE 10/15/2006

The Catholic Bishops Conference of the Philippines (CBCP) has joined the public’s call for Commission on Elections (Comelec) commissioners to resign, for the poll body to regain its credibility, as the 2007 senatorial and local elections are near.

The CBCP fears the results may not be seen as credible by the Filipino people if the Comelec remains in the hands of the same commissioners who have been absolved by the Ombudsman of any criminal, civil and administrative liability for the botched automation machine deal with Mega Pacific Consortium (MPC), which was declared null and void by the Supreme Court.

The best way for the Comelec to restore its credibility, the CBCP said, through its spokesman, is to have an honest-to-goodness purge of the poll body.

“It (the Comelec) has to be clean, because if the tree is polluted, the branches and down the line will also be polluted, CBCP spokesman Msgr. Pedro Quitorio pointed out, in expressing the church’s disappointment on the ruling of the Ombudsman clearing all the officials and officers involved in the ACM deal.

The Ombudsman, in clearing all of them, including the officers of the MPC, claimed that “not a single iota of evidence” showed any guilt on the part of those accused.

Yet, the same Ombudsman earlier, in compliance with a high court order, charged one commissioner, Resureccion Borra of criminal liability in the same deal with MPC, and even recommended for him to be impeached, while recommending graft charges to be filed against the retired commissioners who were said to have been involved in the anomalous deal.

Ombudsman Merceditas Gutierrez also informed the high court then that she is still looking into the criminal liabilities of the other commissioners and other parties involved in the anomalous deal.

Yet when she finally came up with her final findings, she said there was not a single iota of evidence, including proof of malice, found to merit their being recommended for impeachment or even graft charges.

To date, Gutierrez has not explained her turn-around on the Borra indictment and his subsequent absolution.

The Ombudsman’s absolution has not sat well with many sectors of society, who believe that Gutierrez was acting under the presidential couple’s orders to cover up the original crime of massive poll fraud that enabled President Arroyo to win the polls.

Quitorio noted that with the question on the electoral fraud and the botched deal between the poll body and the Comelec, finding a “one shot” solution would be impossible.

According to the CBCP spokesman, the botched automation deal is just one of the many failures which the Comelec has committed, which is why it has lost its credibility as an impartial and independent election body.

And as such, the Comelec cannot possibly conduct credible elections now or in the future.

“From the start it had already lost its credibility,” Quitorio said referring to the May 2004 elections where Abalos during the canvassing of senatorial votes announced that Mrs. Arroyo was leading by one million votes over presidential candidate opposition Fernando Poe Jr.

This was well before the congressional National Board of Canvassers even met to canvass the presidential vote, and even when the last two to three senatorial candidates’ votes were as yet not counted.

Yet in the end, Mrs. Arroyo’s vote count lead was over a million, as predicted by Abalos.

There was too, the expose of the massive poll fraud in 2004, when the infamous Hello Garci tapes, which had the tapped conversations between Mrs. Arroyo and her poll fraud operator, former poll commissioner Virgilio Garcillano, discussing the cheating operations, where she was also caught saying that she should win by a million votes.

Asked what would be the best way by which the Comelec could regain its credibility and integrity after the controversial “Hello Garci” scandal and the MPC- voided contract, Quitorio said “there is no viable solution right now”.

Moreover, Quitorio pointed out that since it is obvious that Comelec is leaning toward the Arroyo administration, whatever the poll body would do would always be suspect.

But he said that if the Comelec will have a new chief, this change could provide the conduct of credible elections next year. And with credible polls achieved, the Comelec would be able to recover its tainted credibility.

“Unless there will be good and honest elections next year and we see that the 2007 elections are clean, then the credibility of the Comelec can be restored. But that is next to impossible since this is all dependent on the leadership,” Quitorio said, in an obvious dig at Abalos and the massive fraud that attended the 2004 presidential polls.

Comelec Commissioner Resurreccion Borra, who was earlier recommended by the Ombudsman to be liable and recommended the filing of impeachment charges, in a separate interview, asserted that the ruling of the Ombudsman only justifies the conclusion that there is nothing irregular nor anomalous in the voided contract they had entered into with Mega Pacific E Solutions.

“I am leaving it up to the Supreme Court now,” Borra said.

Asked what would be their next move, Borra replied “ we will have to wait for the Supreme Court now but they can file motion for reconsideration”.

Shortly after the 2004 elections, the CBCP took the stand that there was no massive cheating, despite the evidence of fraud presented.

There was also created within the CBCP, a body that was tasked to investigate allegations of massive fraud that accompanied the 2004 presidential polls.

A report said to have been “for your eyes (Bishops) only” found that Mrs. Arroyo had cheated by some 600,000 votes.

This report was never made public.

During the plenary meeting of the CBCP after the Hello Garci tapes surfaced, the CBCP, in its pastoral letter, rejected the calls for Mrs. Arroyo to resign.

In the latest plenary meeting of the CBCP this year, the bishops again refused to be drawn into the political fray, and were seen as having allied themselves with Mrs. Arroyo, as they also rejected impeachment as a means to search for the truth, saying impeachment was useless.

The bishops were reported to have received bribes in the form of money in the amount of P20 to

30 thousand each.

They were also given airline tickets as well as hotel stays, luncheons and dinners at Malacanang.

Senators to SC: Annul Ombudsman ruling clearing Comelec officials

Philippine military personnel carry ballot boxes as they relocate them to the central Philippine city of Cebu for counting. Taipe Times Photo: AP

Comelec Chairman Abalos: ‘Garci’ a thing of the past with reduced poll role of military

The main issue is do we trust the COMELEC to conduct an honest and free election/plebiscite/referendum? The present Abalos led Comelec cannot be trusted because of their questionable integrity and loyalty. There’s no doubt that Chairman Benjamin Abalos is a Malacanang loyal lapdog. He is well-protected by Gloria and Jose Pidal crime family. Ex-Commissioner Virgilio Garcillano rigged the 2004 presidential election results in favor of his political benefactor, Gloria Arroyo.

The crocks at the provincial and local levels are still manning their outposts. What revamp? Most of the rank and file Comelec employees are political appointees or recommended by politicos, big landlords and political dynasties. What do we expect? They can manipulate election results when the price is right and pressures from the ruling clans. Election watchdogs, monitors and observers must focus their attention on city and municipal registrars. Election results for every congressional district are decided at local levels. They are election magicians or manipulators.

Politicos like Benjamin Abalos Sr. should not be appointed in constitutional body Comelec. Former politicians cannot be trusted like Abalos Sr. and Hilario Davide Jr. They are multifaceted ass-kissers. Chairman Abalos is just doing lip service on electoral reforms. The automated election system was deliberately shelved during the 2004 national elections to give way the Garci manually vote count dagdag-bawas scheme. Two days before May 10, 2004 national elections the Davide Supreme Court prohibited the Comelec from using automated election system.

The Moro-Moro stage play of the P3-B poll modernization among bogus opposing parties, the Supreme Court, the Comelec and Ombudsman was a diversionary tactics to cover-up massive and systematic cheatings in favor of Gloria Arroyo before and after the presidential election. Retired chief justice Hilario Davide Jr. played a key role in the ouster of President Joseph Estrada in 2001 coup. Its payback time, he was appointed as permanent representative to the United Nations in New York. Davide’s final confirmation is still pending at Commission on Appointments.

The Suwitek triumvirate ABALOS-ESPERON-PUNO is a recipe to 2007 electioneering. A 12-0 shut out by the opposition in the senate and big gain in the lower house is a disaster for Gloria Arroyo to remain in power. Impeachment conviction hangs on her neck in the next congress.

North Korean Kim Jong Il’s Nuclear Blackmail

Headline: The puny rodent Gloria Arroyo ROARS! Who cares?
The Democratic People's Republic of Korea has defied the will of the international community on nuclear weapons test. North Korean leader Kim Jong II is using nuclear weapons test as bargaining chip for economic aid from Western nations. Expanded international sanction is useless because China’s political, military and economic support to North Korea. U.S. trade embargo to Cuba directly harmed the poor Cubans than millionaire Fidel Castro. Diplomacy may work to ease the crisis. Japan and South Korea are most at risk from the North Korean nuclear threat. Both countries have the weapons technology, military and strong economy to counter act Kim Jong II’s nuclear blackmail. Mrs. Gloria Arroyo is exploiting the North Korean crisis to please her American master George W. Bush. Nobody in the world community will listen to discredited Arroyo regime. Gloria Arroyo thinks she can fool the GOP-controlled U.S. Congress for more economic and military aid.

Mrs. Gloria Arroyo and her propaganda boys are fooling the Filipinos on Nokor’s nuclear threat attack on the Philippine soil. She has exploited the nuke test issue to divert public attention on her poor governance and discredited Malacanang-sponsored People’s Initiative Singaw ng Bayan charter change. There’s no valid reason for North Korea to “nuke” the Philippines even though the Taepodong-2 long range missiles can hit its target at a given point. Mrs. Arroyo should focus on local problems that wrecked our nation apart such as poverty, the aftereffects of Typhoon Milenyo and imminent power crisis. What’s the latest update on Guimaras oil spill disaster, Joc-Joc Bolante fertilizer scam, peace talks with the rebel groups-NDF and MILF, bankrupt AFP Retirement and Separation Benefits System (RSBS) scam, OWWA trust fund scam and Comelec-Mega Pacific P1.3 B misdeal. The wrath of the Filipino people (ANGER) is enough to NUKE puny rodent Gloria and Jose Pidal crime family to ground zero.

Statement of the President Gloria Arroyo on the Democratic People's Republic of Korea's Conduct of Nuclear Test

The Philippines is committed to the sustained pursuit of peace within the region and throughout the world.

We condemn in the strongest terms North Korea’s nuclear device testing today.
DPRK’s act clearly poses a threat to the political, security and economic stability in Northeast Asia.

DPRK has a shared stake with the community of nations in the continued peace in the region.
DPRK’s act runs contrary to the UNSC Resolution 1965, the principles of the ASEAN Regional Forum – of which DPRK is a member – and the September 19, 2005 Joint Statement on the Denuclearization of the Korean Peninsula.

We urge DPRK to immediately return to the Six-Party Talks with a view to finding a formula or framework for the discontinuation of DPRK’s nuclear arms program.
The Philippines appeals to DPRK to desist from further tests and to adhere to the Non-Proliferation Treaty.

We likewise call on the regional and global stakeholders to exert all efforts, using constructive dialogue and diplomacy, to bring a peaceful resolution to this issue of utmost concern for the international community.

Imelda Marcos Acquitted by Sandiganbayan

Why the Sandiganbayan took 13 years to acquit former First Lady Imelda Marcos? What's going on anti-graft court? The Sandiganbayan had lost its credibility for its turtle-slow handling of high profile cases.





MALAYA NEWS BY PETER TABINGO

IMELDA Romualdez Marcos was acquitted of a 13-year-old graft case by the Sandigan-bayan Fifth Division yesterday.

"Thank God, thank God. I survived 20 years of relentless persecution. Justice has prevailed," Marcos said in between sobs.

Marcos has 10 more graft cases at the Fourth Division.

The Presidential Commission on Good Government had filed 68 criminal charges against her, 35 before the Sandiganbayan and the rest before the Manila court.

The courts previously dismissed 14 of the cases while prosecutors withdrew nine graft indictments.

Also exonerated was Jose Conrado Benitez.

Marcos and Benitez were accused of conflict of interest for holding positions in the Technology Resource Center Foundation Inc. (TRCFI), a private corporation, when Marcos was minister of human settlements and Benitez was her deputy.

The court held that the foundation was a "non-stock and non-profit" entity, hence there was no conflict of interest. Although TRCFI made investments in real estate by leasing lands and building and selling townhouses, the court said the money raised did not go into the pockets of foundation officials.

Defense witness Arthur Aguila had told the court that the funds went into such projects as raising hybrid tilapia and researching alternative power sources in rural communities.
"The foundation cannot be held to have been in the realty and housing businesses as charged. As disclosed by evidence, it had technology transfer projects as its principal concern or occupation, basically aimed at addressing human settlement issues," the court held.

"The essential elements of the offense charged have not been proven, the projects in question not being ‘businesses’ in contemplation of law," it added.

Marcos said her acquittal was based on the merits of her defense and not due to some favors from the administration.

"I believe in the courage and integrity of our courts," she said.

Known for her fashion sense, Marcos was in a purple terno highlighted by a silk floral scarf, with emerald brooch and earrings. She was accompanied by lawyers Robert Sison and Benjamin Santos and two personal medical attendants.

Marcos appeared tense and refused to grant interviews before the start of the hearing. She just nodded and smiled when asked by media on how she was feeling.

When the verdict was read, her supporters in the audience applauded as Marcos wept.

Marcos went straight to the nearby St. Peter’s parish church on Commonwealth avenue, Quezon City, where she offered prayers, recited the rosary and kissed the icon of St. Peter.

Marcos was found guilty of corruption in 1993 and was sentenced to 24 years in jail for her alleged role in anomalous deals involving the construction of a mass transit system in Manila but the Supreme Court reversed that decision in 1998.

On her birthday on June 2, 1991, a New York court also found her innocent on racketeering charges. – With Reuters

In 20 Years Since Marcos, Little Stability for Philippines

Man-Made Environmental Disaster: The Aftereffects of Guimaras Oil Spill

The United Nations Development Program (UNDP) is providing $16 million (P800 million) support fund for the cleanup of the oil spill. There should be strict monitoring by the Commission on Audit in disbursement of funds. It may end up in the pockets of corrupt Gloria Arroyo officials or to be diverted in the political campaign funds of the Lakas ruling party. The party of the thieves are preparing for 2007 midterm election. The vultures in the government are snipping every opportunity to satisfy their greed of money and power.


Tar balls emerging as health threats from oil spill

The Philippine Daily Inquirer
ILOILO CITY—These hard or hardening black patches of bunker fuel oil called tar balls on the shorelines of Guimaras are turning out to be just as toxic to human health as freshly spilled oil.
The tar balls, also called weathered oil, is composed of hard to degrade oil residue such as asphaltenes and resins which produce noxious fumes dangerous to human health, according to Mary Aidine M. Galvan, microbiologist of the Philippine Reef and Rainforest Conservation Foundation Inc.
Asphaltenes are molecular substances that are found in crude oil, along with resins, aromatics, and saturates.
“Tar balls are recalcitrant (hard to degrade) and stay longer in the environment. The tar balls produce hydrogen sulfide and noxious gases such as methane that are in turn the product of anaerobic breakdown,” said Galvan.
When she started studies on bioremediation in oil spill-affected Inampulugan Island on Sept. 11, Galvan said she was shocked to see that oil has seeped into the white sands of the beach on which President Macapagal-Arroyo walked when she visited Guimaras for the second time on Aug. 28 after the Petron spill on Aug. 11.
Galvan said the oil that has seeped into the sand returns to the surface during sunny weather, and as such, there is no such thing as a total cleanup of spill-affected areas where oil has mixed with sand.
“Methane gas binds with hemoglobin and competes with the oxygen binding capacity of a person’s blood, resulting to hypoxia and anoxia that may result to sickness or death,” said Galvan, a member of the Marine Section of the Society of Conservation Biology of the United States.
Anoxia is a condition in which there is an absence of oxygen supply to an organ’s tissues although there is adequate blood flow to the tissue while hypoxia is a condition in which there is a decrease of oxygen to the tissue in spite of adequate blood flow to the tissue, said the US National Institute of Neurological Disorders and Stroke.
The Institute said that in severe cases of anoxia and hypoxia, the patient is often comatose for periods ranging from hours to days, weeks, or months. Seizures, muscle spasms or twitches, and neck stiffness may occur, it added. Susceptible to sickness related to the toxic fumes from bunker fuel oil are the elderly, children, asthmatics and those with respiratory ailments, said Galvan.

OIL SPILL
Barge spills Guimaras oil debris off Misamis Occidental

COMELEC- Mega Pacific Misdeal: 180 Degrees Turn

Ombudsman Merceditas Gutierrez has zero credibility when it comes to prosecuting and sending BIG FISH to jail. It will soon clear former Agriculture Undersecretary Jocelyn Bolante in P728-million fertilizer scam. What do we expect from former Jose Pidal legal counsel?

The Ombudsman’s decision absolving Commission on Elections (COMELEC) officials from liability for the voided P1.3-billion poll automation contract with Mega Pacific Consortium is a grand conspiracy to cover-up massive cheating in the 2004 presidential election. COMELEC Chairman Benjamin Abalos and Commissionaire Ressurection Borra may spill the beans if they are not fully protected by Gloria Arroyo and Jose Pidal crime family. The Ombudsman has recommended the impeachment against Commissioner Ressurection Borra. WHY the unexpected 180 degrees turn? The Senate Blue Ribbon Committee and the Supreme Court had established an anomalous transaction between COMELEC and Mega Pacific. It’s impossible that the findings of the Senate and the Supreme Court are both wrong and lack proof of guilt. She is the first woman Ombudsman and the first to reverse Senate and the Supreme Court findings and ruling. Lutong Malacanang-Macao!

The appointment of Merceditas Gutierrez to the Office of the Ombudsman is purposely to protect Gloria Arroyo and her cohorts from crime against the Filipino people and the State. The Ombudsman can no longer be trusted under the corrupt and illegitimate Arroyo regime. What transparency and accountability? GO TO HELL Merceditas Gutierrez! EAT YOUR OWN WORDS!

"I will give mercy to people who should not be charged. But there will be no mercy for people who should be charged," Merceditas Gutierrez 12/02/2005

May God have mercy on you!
Related Links:
The Office of the Ombudsman
Malaya

The Philippine-American War (1889-1910) and the U.S.- Iraq War

The U.S. succeeded to pacify the big landlords, the Roman Catholic Church, the upper class Filipinos and some rebels thru carrot and stick approach. The Americans offered (bribed) them with big tracks of land and government posts in return of loyalty to the new colonizers. The remnants of the General Emilio Aguilnado army fought the Americans ruthlessly in hit and run tactics in the countryside. Surprise attacks and ambushes may have demoralized the fighting spirit of the U.S. occupation forces. The Americans retaliated in kind with all the ruthlessness exercised in the Indian Wars.

Subjugating Iraq was turning out to be the worst Bush government’s nightmare. Newly formed government and U.S. trained security forces are impotent to stop suicide bombers. Guerilla urban warfare is being fought in Iraq. The battlefront is the heart of the capital city of Baghdad in which suffered heavy civilian casualties caught in the crossfire. The Al Qaeda wants instigate a civil war between the Sunnis and the Shiites to embarrass U.S. President George W. Bush and the new Iraqi government. The U.S. will be caught in a quagmire or no way-out in case of the outbreak of all-out bloody civil war between two religious sects. Iraqi suicide bombers mostly Sunni insurgents and Al Qaeda allies have inflicted heavy casualties to the U.S. forces and Iraqi security forces. U.S. President George W. Bush got a hard time to convince the American public and the U.S. Congress for the justification of the Iraq invasion. The intelligence community may have fed the Bush Administration false/raw information about weapons of mass destruction and President Saddam’s alleged Al Qaeda connection.

I watched ABC mini series drama The Path of 9/11. In the first part, Pakistani bomb expert Ramzi Yousef on board a Japan-bound Philippine Airlines exploded a bomb as a test mission. He assembled a bomb (liquid explosive and wrist watch timer) in the toilet. Project Bojinka was uncovered by Philippine National Police (PNP) in 1995 after arresting Abdul Hakim Murad in a Manila apartment. Based on the gathered information from Ramzi’s laptop computer, Ramzi Yousef and Al Qaeda operatives plotted to assassinate visiting Pope John Paul II and U.S. President Bill Clinton. The plot also revealed for the hijacking of U.S. commercial airliners, bombing them or crashing them into several targets in the U.S. Ramzi Yousef was arrested in Pakistan with the help of U.S. embassy officials and the Pentagon. He was convicted for the 1993 bombing of the World Trade Center. The ABC mini series drama The Path of 9/11 is worth of watching. There was no commercial breaks for the last 21/2 hours length. Some critics claimed its not accurate, distortion of history and pro Bush administration. Al Qaeda has links to Abu Sayaff Islamic group operating in Southern Philippines.


Related Links:
Colt M1905 Automatic Pistol
We've sent GIs to the Philippines before with disastrous results
Philippine Connection 9/11 Part 1
Part 2
Part 3 Part 4