Friday, June 29, 2007

Senator Trillanes vows probe on GMA’s poll fraud, to work for ouster

The 2007 Comelec’s National Board of Canvassers and the 2004 Joint Congressional National Board of Canvassers have one in common; all pleas and objections are DENIED and NOTED. Sen. Francis Pangilinan and then Rep.Raul Gonzalez arrogantly denied and simply noted all FPJ camp’s pleading and objections. This time, shameless elections commissionaires denied and set-aside pleas and objections from the opposition camp.

Both elections are fraud-tainted. As a result, both national canvassers made a mockery of democratic processes and rule of law. Well, the Philippines have a fake president and fake senator of the republic. It is indeed a national shame. Senator Trillanes' top agenda is to investigate electoral fraud in 2004 and 2007 and how prevent it from happening again. I hope that Garci and Bedol clones and scalawag generals are history.



Trillanes vows probe on GMA’s poll fraud, to work for ouster

By Gina Peralta-Elorde

Daily Tribune 06/30/2007

Jailed military rebel Antonio Trillanes IV on Friday took his oath as senator, before a barangay captain of Caloocan City, and promised to use his new position to work for the ouster of President Arroyo.

Trillanes, 36, was allowed out of detention to take his oath in Caloocan City following his victory in the May 14 mid-term elections.

More than 11 million voted for the former Navy lieutenant accused of leading a failed military mutiny that paralyzed Manila’s financial district in July 2003. The rising was swiftly crushed without a shot being fired when the rest of the military refused to join the revolt.

Trillanes told reporters Friday that when he begins his work in the Senate next month, he will work to prove Mrs. Arroyo cheated to win the May 2004 presidential elections.

“If we want to serve the country, we have to get rid of Gloria Arroyo,” he said.

He also called on Team Unity senatorial aspirant Juan Miguel “Migz” Zubiri “to have the decency” to quit the race, and adverted to Zubiri as a “cheat” or at the very least, a beneficiary of the poll fraud in Maguindanao.

Trillanes also vowed to open a probe on the Maguindanao poll fraud.

Zubiri was incensed at hearing the charges of Trillanes and threatened to file a lawsuit against the senator, calling Trillanes a destabilizer and a destroyer of the economy, as well as charging him for being “immature” and ignorant of the “parameters” of a senator and parliamentary courtesies.

Trillanes made history when he ran as part of the opposition slate while in detention in a military stockade. He is still on trial on charges of trying to topple the government.

A case is now pending in court on whether Trillanes can be allowed out of detention to attend Senate sessions.

The 24-member Senate is dominated by Arroyo opponents who have consistently charged that the President cheated to beat the opposition presidential candidate, movie star Fernando Poe Jr., in 2004.

Trillanes yesterday vowed to prioritize the investigation of the alleged cheating in the May 14 2004 elections involving military officials and as well as the spate of killings involving leftist members and leaders.

Trillanes at the same time advised Armed Forces Chief of Staff Gen. Hermogenes Esperon Jr. to seek a government post after his retirement to avoid the summons from the legislative hearings of his involvement in the alleged May 2004 nationwide election cheating.

Esperon is set to retire on Feb. 28, 2008. Trillanes’ term beyond 2010.

Trillanes said he and some opposition senators have gathered testimonies by witnesses and documentary evidence of alleged vote-rigging, not only in Maguindanao province but in other areas as well.

According to Trillanes, Esperon can invoke Executive Order (EO) 464 until he retires and it is better for him to line up and apply for a new position if he wants to invoke it.

EO 464, issued last year, bars government and security officials from testifying in legislative hearings without clearance from Mrs. Arroyo. The Supreme Court struck down several of the order’s provisions as unconstitutional last year.

Despite this, Esperon has said he would invoke EO 464 to evade congressional hearings that Trillanes plans to call to look into extra-judicial killings and the alleged cheating in the 2004 elections.

Nevertheless, Trillanes, who is being tried in both civil and military courts for being an alleged mutiny leader, maintained: “It’s nothing personal. We are after the truth.”

Trillanes added he would summon other military and governments officials who were involved in the supposed cheating operations.

Esperon was linked to the election fraud controversy after he and three other senior officers, who have all retired, were mentioned in purported wiretapped telephone conversations between Mrs. Arroyo and her alleged accomplice in vote-rigging operations, former Elections Commissioner Virgilio Garcillano.

“Garci (Garcillano) mentioned his (Esperon’s) name clearly. Garci will not fool the President by dropping his name if he had not talked to her,” Trillanes said.

In the tapes, it was implied that Esperon had a hand in the relief of then Marine Brig. Gen. Francisco Gudani, who was perceived to be sympathetic to the opposition, as 1st Marine Brigade commander. A military fact-finding board cleared the four so-called “Hello Garci” generals but its report was not fully disclosed to the public.

A gag order was issued just as Gudani and another Marine officer was to testify before the Senate into the alleged electoral fraud. EO 464 followed.

Relatedly, Trillanes also claimed that the three unidentified generals who were quoted to be helping him in gathering evidence in some government anomalies were real and true.

But Trillanes refused to answer more questions regarding the issue saying things would just be preempted.

The generals were quoted as saying that the murders of leftist militants were discussed openly in military command conferences, and that a general told his men that to get promoted, they had to kill activists.

“They (generals) are for real,” Trillanes said.

The newspaper report said the generals would give Trillanes evidence during the hearings.

Trillanes was sworn in by Ruben Gatchalian, Barangay (village) 169 chairman, before a packed crowd at a covered basketball court that was filled with ribbons and streamers in red, the known color of the Magdalo group, of which he was one of its alleged leaders that staged the July 27, 2003 mutiny at the posh Oakwood Apartments in Makati City.

“I assure you I can accomplish the mission you gave me,” said Trillanes who wore a blue Barong Tagalog, in a speech after the oath-taking.

To his family, Trillanes said, “They have been my strength ever since I went to Oakwood and until now.”

Aside from Trillanes’ children – Seth, 9, and Thea, 8; his mother, Estelita, and other relatives – also present at the oath-taking were Sen. Rodolfo Biazon, a former Armed Forces chief, Caloocan Rep. Luis Asistio and former Caloocan City Mayor Rey Malonzo.

A marching band welcomed Trillanes, who arrived under heavy guard from his detention cell at the Philippine Marine headquarters in Fort Bonifacio.

Trillanes has been charged with coup d’etat over the foiled mutiny in 2003.

He led a mutiny of young Army officers against Mrs. Arroyo in 2003 due to perceived graft and corruption in the military and the administration.

While some of the mutiny leaders have reconciled with the President after making public apologies, Trillanes has remained unrepentant, criticizing Mrs. Arroyo’s government for widespread corruption and rights abuses.

He faces rebellion charges at the Makati City Regional Trial Court and several violations of the Philippine Army’s Articles of War before a military tribunal. If found guilty, he has to give up his Senate seat. With AFP

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Thursday, June 28, 2007

Zubiri Tops Maguindanao Votes Recounting

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Political Horse Trading in the Senate

Welcome to the Republic of the Philippines’ prostituted democracy. Political horse-trading has shifted in high gear after the polls. Politicos have sold their souls to protect their interests. Malacanang is sabotaging the opposition’s victory in the senate. The real opposition becomes the minority. JUDASAN is the name of the game. Losers take all! It makes me puke.

Filipino old proverbs say: “Ako ang nagbayo ako ang nagsaing saka ng maluto'y iba ang kumain“. Sen. Juan Ponce Enrile and Miriam Santiago are feasting like hungry vultures in the disintegration of the opposition. Divide and rule tactics at work. This is the real politik in the quest for senate presidency. The GO-UNO is a coalition of different political parties. Malacanang operatives are exploiting GO-UNO weakness’ point via compromise and horse trading. The opposition should not fall onto Gloria Arroyo’s sinister plan. She wants a tame Senate and feels safe under Manny Villar leadership.


A peek at Senate committee chairmanships under Villar

BY DENNIS GADIL

SEN. Manuel Villar will endorse Senators-elect Alan Peter Cayetano and Francis Escudero to head the Senate committees on education and on ways and means if he wins a second term as Senate President, a Senate source said yesterday.

Cayetano is secretary general of Villar’s Nacionalista Party. Escudero is a stalwart of Eduardo Cojuangco’s Nationalist People’s Coalition.

The education panel became vacant after Sen. Franklin Drilon relinquished the Senate leadership to Villar under a term-sharing deal.

The ways and means panel was chaired by Sen. Ralph Recto who lost his re-election bid.

Cayetano said he and Escudero would not mind if they fail to get the major committees. He said he believes the committees are still subject to consultation.

"Meron o wala (committee), okay lang sa amin. Sanay kami ng walang committee," Cayetano said.
Escudero and Cayetano are the outgoing minority and deputy minority leaders of the House of Representatives.

The source said Sen. Juan Ponce Enrile, an ally of the administration, would get the Senate committee on finance previously occupied by Drilon.

The source said as of last week, the Senate blue ribbon committee is deemed "vacant" after the chairman, Sen. Joker Arroyo, reportedly agreed to pass the torch to his colleagues in the opposition. Arroyo could not be reached for confirmation of the report.

The source said opposition senators would still pick among Pimentel, Sen. Panfilo Lacson and Sen. Francis Pangilinan on who should chair the Blue Ribbon committee.

Pimentel will likely remain as minority leader.

The source said Sen. Jinggoy Estrada would be the incoming Senate pro tempore, last held by Sen. Juan Flavier.

Sen. Eduardo Angara has expressed preference to chair the committee on agriculture in exchange for supporting Villar. The post was previously held by Sen. Ramon Magsaysay Jr.

Villar has declined to confirm reports that he has already the support of 14 senators, which would seal his second term as Senate president.

He said anything can happen before the 14th Congress convenes on July 23.

He said even the distribution of Senate committees would still be subject to consultation.

Enrile said Villar is expected to keep his position as 14 senators will certainly vote for him.

There are only 22 senators as Alfredo Lim won the mayoralty race in the city of Manila.

Genuine Opposition spokesman Adel Tamano said Makati City Mayor Jejomar Binay, president of the United Opposition, and GO campaign manager Sen. Sergio Osmeña would host a "dialogue" to unite the Villar and Pimentel blocs.

Tamano said this would serve to remind opposition senators of the importance of fielding a common candidate for Senate president. "Hindi pa tapos ito. Each group has to reach out," Tamano said.

Osmeña blamed Pimentel’s backers namely Lacson, Loren Legarda and Manuel "Mar" Roxas II for creating "fissures" in the opposition bloc by picking on Villar.

"It’s a wrong motivation. Ano masasabi nila kay Manny, na nakikipag-usap sa admin? C’mon, hindi ba sila ang unang kumakausap sa admin, kaya di nila masisisi si Manny to react that way," Osmeña said in a radio interview.

Osmeña said the opposition leadership could also not blame Villar for not reaching out to the three senators.

Lacson is said to be pushing for Pimentel in exchange for the Blue Ribbon committee. Legarda hopes to reclaim the post of majority leader. Roxas reportedly wants the finance committee.

At the Kapihan sa Senado, Pimentel also took to task Roxas, Lacson and Legarda for complicating the race for the Senate presidency.

"The reason they want me to take a crack at it (Senate presidency) is that at 73, my eyes do not moist for the presidency anymore," Pimentel said.

Roxas, Lacson and Legarda reportedly have presidential ambitions in 2010.

Pimentel said the Senate president is entitled to many legal perks useful to any presidential ambition, including chairmanship of the Commission on Appointments.

He said Villar’s Senate presidency is "a little controversial" because he has aligned with administration senators.

But the choice of Senate president remains a numbers game, he said.

"It is reported that 14 senators are backing Villar. If that is true, congratulations to Manny," he said.

Asked if he considers Villar, who ran under the Genuine Opposition, to still be with the opposition, he said: "He has always said that he is with the opposition. Subject to proof to the contrary, I will take him at his word."

He maintained that the incoming Senate should be an opposition Senate. "That was the message of the people during the last elections," he said. – With JP Lopez
MALAYA 06/29/2007

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Thursday, June 21, 2007

Commission on Appointments confirmation costs P5 M

Outgoing Negros Oriental Rep. Herminio Teves has opened can of worms in the Commission on Appointments. It appears that House Speaker Jose De Venecia is tolerating such CA confirmation bribery. The 14th Congress should oust traditional politico Rep. Jose De Venecia. The country needs competent and progressive leader in the House of Representatives.



CA confirmation costs P5 M – Teves

By JESS DIAZ
The Philippine Star

A Cabinet member who wants to be confirmed by the powerful Commission on Appointments (CA) has to shell out at least P5 million to win confirmation, outgoing Negros Oriental Rep. Herminio Teves disclosed Thursday.

Teves told reporters that he has personal knowledge of the corrupt practice of some CA members – who he clarified were congressmen, not senators – because his son Finance Secretary Margarito Teves was one of the victims of these lawmakers.

Teves said he informed some senators about the congressmen’s demand and that the senators were surprised.

Meanwhile, the lone opposition member in the CA House contingent, Rep. Rolex Suplico, dared Congressman Teves to name names.

“He should identify those he claims to have asked for money or other concessions, in fairness to the congressmen sitting in the CA,” Suplico said.

The elder Teves said his colleagues had asked him if his son could come up with the amount needed so the Cabinet member could get confirmed.

“I told them that Gary (Secretary Teves’ nickname) would never give in to their demand. After hearing that, they asked me if I could give them the money,” the 87-year-old Teves, who is ending his nine years as a House member on June 30, recounted.

“I told them that I could come up with the amount they needed to confirm my son, but asked if they were not ashamed to demand and accept money from their own colleague. They never came back to me,” he said.

Teves said another victim was Economic Planning Secretary Romulo Neri.

He met Neri by chance at a restaurant on Wednesday night and they talked about the problems Neri and Secretary Teves encountered in the CA confirmation process.

“Secretary Neri complained that members of the House contingent in the CA demanded P5 million from him, and that he reported the matter to Speaker Jose de Venecia Jr.,” he disclosed.

Both Neri and Secretary Teves have been bypassed by the CA, which has the power to confirm or reject Cabinet appointments and major promotions in the military and diplomatic service.

Rep. Teves said even generals seeking confirmation for their promotions are being asked to pay huge amounts.

He said some congressmen who demanded money from Cabinet members and generals ran in the May 14 elections but lost.

Others were third-term House members like him who were not qualified to seek re-election but who fielded their wives in their districts to be their successors. Unfortunately, their wives lost, he said.

Reached by The STAR for comment, Neri confirmed that he indeed had a chance meeting with Congressman Teves on Wednesday night.

“We discussed the delay in the confirmation process, but I did not tell him CA members demanded money from me. I can however admit that I complained to the Speaker about such delay,” he said.

Rep. Teves’ revelation is the first confirmation of rumors floating that some CA members, particularly those coming from the House of Representatives, have been demanding concessions, in cash or in kind, but usually in cash, from those seeking approval for their appointments or promotions.

Concessions in kind include contracts for supplies or infrastructure projects, use of equipment and facilities, including planes, free transportation and fuel, including aviation gas, and appointment quotas for relatives, friends and protégés.

Another Cabinet member who did not win CA confirmation was former agriculture secretary Domingo Panganiban. There were reports that certain members of the House contingent were demanding P5 million to P10 million worth of projects for each of them.

Panganiban was not confirmed and President Arroyo eventually

gave back the agriculture portfolio to Arthur Yap.

The CA is a 25-member constitutional body chaired by the Senate president, with the head of the House contingent as its vice chairman. There are 12 senators and 12 congressmen in the commission.

The House contingent is headed by Surigao del Sur Rep. Prospero Pichay Jr., who lost in his senatorial bid. Its members are Reps. Jesus Jurdin Romualdo of Camiguin, Eduardo Veloso of Leyte, Marcelino Libanan of Eastern Samar (now immigration commissioner), Prospero Amatong of Compostela Valley, Manuel Ortega of La Union, Rafael Nantes of Quezon, Antonino Roman of Bataan, Aurelio Umali of Nueva Ecija, Victor Sumulong of Antipolo City, Harlin Habayon of Northern Samar and Rolex Suplico of Iloilo.

Suplico, the lone opposition congressman in the House contingent, urged Rep. Teves to name names.

Asked about a meeting the House contingent had with Rep. Teves, Secretary Teves, then Internal Revenue Commissioner Jose Buñag, and Customs Commissioner Napoleon Morales late last year, Suplico admitted he attended such a conference.

“I came late and left after complaining to Secretary Teves about an anomalous loan the Land Bank branch in Iloilo extended to the provincial government,” he said. He and Iloilo Gov. Niel Tupas are political enemies.

Suplico, who won as Iloilo vice governor in last month’s elections, said he heard nothing from his colleagues because he stayed only for a short while in the meeting.

The STAR had learned that the meeting was held at a restaurant owned by Libanan and located in a building fronting the ABS-CBN complex in Quezon City. Discussed was Secretary Teves’ confirmation. It was not known why Buñag and Morales were also present.

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Tuesday, June 19, 2007

China's ZTE Corp. built-in kickback of P10 billion

The Blue Ribbon Committee or Senate Committee on Accountability of Public Officers and Investigations should look deeper onto the ZTE Corp. P16 billion broadband project deals with the Philippine government. It appears to be over-priced by P10 billion. Happy hunting!

The Philippine Star

GOTCHA By JARIUS BONDOC

Why are they dealing with a firm like ZTE?

The Presidential Anti-Graft Commission fired its officer who started a probe of mighty Cabinet men. Vida Zora Bocar was axed last Monday. It was the same day I published her request for documents on the ZTE deal to beef up an investigation of DOTC Sec. Leandro Mendoza and Asec. Elmer Soneja. Superiors claimed Ms Bocar had violated the confidential nature of PAGC proceedings. She reasoned out — to no avail — that she had no control over what I wrote.

Ms Bocar did nothing wrong. In asking me for papers on my exposé, she was only doing her job as a thorough graft investigator. We had yet to meet.

But other forces were at play. Ms Bocar had begun looking into a potential P10-billion kickback from an unnecessary P16-billion project. That ruffled powerful feathers and endangered PAGC posts. One of those to be questioned is murmured to soon become executive secretary, to which the PAGC submits its reports and budget needs. Looking for an excuse to back out of the inquiry, PAGC higher-ups conveniently accused Ms Bocar of indiscretion. Will anyone now dare to submit evidence on the scam?

Pray that Ms Bocar’s bosses restrain themselves. May the words of Luke (3:14) touch them: “And the soldiers likewise demanded of him, saying, ‘and what shall we do?’ And he said unto them, ‘Do violence to no man, neither accuse any falsely, and be content with your wages.’”

* * *

Thrilled by its P16-billion telecom deal with the government, ZTE Corp. of China said it is bullish on RP. And so it is “investing in other” local industries: mining, rubber, agri-business.

The implication is that the P16 billion ZTE will supply in the form of broadband gear is its initial investment. It is far from true. Government will borrow from a Chinese bank the P16 billion to be paid to ZTE. Thus, it isn’t new money coming in; it is unnecessary money for a superfluous project. Existing telecom firms in Manila can provide the broadband service to the government. Yet with the ZTE deal, generations of Filipinos will have to repay a loan for a likely white elephant. And the loan amount has a built-in kickback of P10 billion for the Philippine approvers.

That is the same modus operandi ZTE employs in other countries. It comes in doling big cash to public officials in exchange for juicy contracts. Fortunately for people in other lands, ZTE has been exposed and driven out. Only in the Philippines is it being welcomed with open arms by a government that doesn’t know any better. Or does it?

I had written in a previous column that ZTE messed things up in Mexico, Ecuador, Ethiopia and Indonesia (Gotcha, 25 April 2007). Since then, more news items from around the world have detailed ZTE’s scams.

ZTE’s country manager in Liberia and his co-conspirators have been indicted for bribery. The ZTE man reportedly bribed regulators to ease out the real winner of a telecom project bidding. He also falsified bid papers to make it appear that ZTE was China’s largest telecom supplier, when it is only third. A report on the case says that ZTE violated corporate laws not only of Liberia but also of China against unfair competition.

A similar probe broke out in Libya. ZTE submitted false claims of track record and technical skill. Two of the fake papers reportedly contain the forged signatures of a private telecom executive in Manila and a junta leader in Burma.

The use of a false Burmese connection was cheeky. ZTE presently is being investigated also in Burma for corrupting a general who doubles as minister of post and communication. The officer had contracted ZTE to supply a $150-million system for 300,000 phone lines. The amount, to be borrowed from a Chinese bank, was ten times the real cost of the project, according to industry experts. Another ZTE contract for a million phone lines in another Southeast Asian country cost $30 million, a report from Bangkok stated.

Earlier ZTE indictments in Ecuador and Ethiopia also were for graft and bribery. In Indonesia the company is charged with price dumping.

The most celebrated ZTE case is in Mexico City, where residents have accused the mayor of addled priorities. The official had commissioned ZTE for high-speed Internet to 8.7 million citizens, plus broadband “hotspots” linking government offices and thousands of street surveillance cameras. Mexicans groan that what they need instead is water and electricity.

In Manila six business groups have urged President Arroyo to cancel the P16-billion deal signed by DOTC Sec. Leandro Mendoza with ZTE on Apr. 21. Executives and economists said the money could be better used building 36,000 classrooms, or 6,000 rural health clinics, or 120,000 artesian wells. Mendoza has yet to make the contract public, though.

* * *

E-mail: jariusbondoc@workmail.com

Signed RP-China telecom contract stolen

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Monday, June 18, 2007

Six-year plunder trial of deposed President Joseph Estrada ends

MANILA, Philippines — State prosecutors have called for oral summations during final arguments Friday in the six-year plunder trial of deposed President Joseph Estrada.

They are doing so not just to stop further delays in the case but also to “refresh the people’s memory,” explained Special State Prosecutor Dennis Villa-Ignacio.

Villa-Ignacio noted that oral summations were “not a common feature” of Philippine courts, but that his team believed making the proceedings public would remind Filipinos of the alleged crimes of their 13th President.

“It’s been six years since we began and the people might have already forgotten the details of this case,” he said in an interview.

State prosecutors plan to argue that a guilty verdict for Estrada, who is accused of amassing P4.1-billion in illegal funds, would be a rare chance for the Philippines to hold the powerful to account.

“It would show that the State, and the administration as well, have the political will to go after corrupt public officials,” Villa-Ignacio said.

“If we let this go unpunished, then that’s it. Forget about good governance, forget about eradicating corruption in the bureaucracy. This is the last opportunity that we as a nation have to show that we can enforce the law regardless of the personalities involved here,” he said.

Prosecutors also plan to post on the Ombudsman’s website their 626-page memorandum summing up the “people’s case” against Estrada.

In it, they lamented the failure to obtain “a swift and timely justice” for the late dictator Ferdinand Marcos and his cronies.

Estrada’s conviction may provide “a second chance,” they said.

The Sandiganbayan special division, created to hear the plunder case against the disgraced leader, received the prosecution’s memo as well as a 276-page summation of the defense last Wednesday. The trial will close with final arguments at 9 a.m. Friday.

Whole-day affair

The court has required the presence of the 70-year-old Estrada in what is expected to be a whole-day affair. His co-accused son, Sen. Jose “Jinggoy” Estrada, is said to be in San Francisco, California, and is not expected at the hearing.

Lawyers from both camps are expected to come in full force, with the sheriff’s office reserving up to 20 seats for each side. Loudspeakers are to be installed outside the 146-seat courtroom for journalists who could not be accommodated inside.

Reached at his Tanay, Rizal, vacation estate where he is under house arrest, Estrada said he will be ready to address the court himself, if allowed to do so.

“I would have been in exile and not attending if I were guilty,” he said, recalling how then Justice Secretary Hernando Perez allegedly offered him safe passage to any country of his choice shortly after his ouster in January 2001.

Villa-Ignacio, who has many times accused the Estrada defense panel of delaying the case, said the prosecution has “in effect thwarted further attempts” to prolong the case.

He said that in most cases after the trial proper, the prosecution and defense would just agree to file memos and rejoinders, after which the court considers the case submitted for decision.

But if the prosecution had agreed to this route, the long wait for the verdict “might drag on until 2008.”

Oral summation hearing

Sandiganbayan spokesperson Renato Bocar, who has served in the anti-graft court since 1979, observed that this was the first time that the court would be holding an oral summation hearing.

Under the rules of court, the special division has to issue a verdict “within 90 days” starting Friday, when the case is considered submitted for decision.

Villa-Ignacio said he expected a verdict within 60 days.

“We are very confident, especially after we have presented our evidence,” he said.

The Philippine National Police said it was ready to bring Estrada before the Sandiganbayan on Friday in what will probably be his last court appearance.

Chief Supt. Romeo Hilomen, chief of the PNP’s Police Security and Protection Office (PSPO), said that if Estrada refuses to appear before the court, he would be brought there by force.

“But I already talked to him and he had agreed to go,” Hilomen said.

Hilomen said his office had been ordered to “produce” Estrada before the Sandiganbayan before 9 a.m.

He refused to say how many policemen would be involved or whether Estrada would be transported by chopper or by land.

“There is no specific threat to Mr. Estrada,” Hilomen noted.

Hilomen’s unit, with around 2,000 members, is in charge of security for very important persons (VIPs).

By Volt Contreras With Alcuin Papa and Associated Press
Related Links
THE ESTRADA PLUNDER CASE, YEAR 1
Prosecution: We proved our case
Defense: Prosecution had no case
Estrada Trial Ends

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Saturday, June 16, 2007

Elections chief Abalos is an accomplice to the massive fraud

The COMELEC’s yo-yo policy in handling Maguindanao fraudulent election results is a bad precedent. Why? Are they instructed by Gloria Arroyo to dislodge Koko Pimentel in the winning circle? Where’s Lintang Bedol?


Election watchdog Kontra Daya said Commission on Elections (Comelec) Chair Benjamin Abalos is an accomplice to the massive fraud in Maguindanao.

Fr. Joe Dizon, Kontra Daya spokesperson, said, “Abalos does not confront head on the accusations of massive fraud in Maguindanao. Instead, he obscures the situation to give leeway for machinations in favor of administration candidate Miguel Zubiri.”

Dizon said, “By refusing to exclude the highly tainted provincial certificate of canvass from the national canvassing and proclaim the Genuine Opposition’s Aquilino “Koko” Pimentel, Abalos is still finding ways to get Team Unity’s Zubiri on the 12th slot.”

The Kontra Daya spokesperson hit the Comelec’s handling of Lintang Bedol, head of the Maguindano Board of Canvassers. “Bedol disappeared for some time then mysteriously reappeared saying that the municipal certificates of canvass (COCs) were stolen from right under his nose. Abalos has not ordered Bedol’s suspension pending a thorough investigation and now accepts uncritically the self-serving statement of Governor Ampatuan, represented by his lawyer, that elections were held in a proper and fraud-free way. Abalos also uncritically accepts the statement of the provincial BOC that elections were held on the basis of the alleged minutes of their meeting signed by no less than Bedol himself. Abalos handling of Bedol shows his complicity with the kind of vote manipulation and bare-faced manufacture of results that obviously took place in Maguindanao.”

Kontra Daya criticized the Comelec for its “deliberate effort to confuse the public, especially concerned citizens’ groups, on the schedule of hearings on Maguindanao.” Kontra Daya learned that even the party-list group Bayan Muna failed to manifest its protestations due to this. It was pointed out that Bayan Muna was the one who presented two critical witnesses to the massive fraud in the province, one of whom has been cold bloodedly murdered.

Dizon said, “Witnesses who have executed affidavits proving electoral fraud have not received subpoena from the Comelec. They have not aired their stories. The cover-up aims to save Lintang Bedol, Abalos and Comelec itself from any accountability on the Maguindanao fraud.”

Dizon added, “The Comelec has not valued the life of whistle blower Musa Dimasidsing. The Comelec did not exert any effort to protect his life and the truth about the Maguindanao elections. The lives of other witnesses are in danger and the shameless Abalos does nothing.”

Dimasidsing, a school district supervisor, was shot dead, June 9.

Dizon said, “If the Comelec insists on counting the COCs from Maguindanao, it will only prove once again that it is the machinery of the Arroyo administration for massive cheating.”

Related Links
Philippine Elections: Illusion of Democracy?
Postscript to the May 2007 Elections

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Wednesday, June 13, 2007

Los Angeles Times: Jailed Filipino likely to be a senator



Comelec’s delaying tactics regarding the proclamation of Antonio Trillanes IV as senator of the republic is direct contempt and insult to 11+ million voters. It’s affirmed and validated that Chairman Benjamin Abalos is following orders or directives from usurper Gloria Arroyo. Trillanes cannot be dislodged from the winning circle even he got zero votes from Maguindanao. Chairman Abalos and rest of elections commissionaires are disgrace to Philippines’ fragile democracy. Anak ng jueteng, wala ba kayong natitirang delicadeza? RESIGN en mass!
UPDATE: The Commission on Elections is set to proclaim Genuine Opposition candidate Antonio Trillanes IV as senator on Friday, DZMM reported.

The COMELEC en banc, which is sitting as National Board of Canvassers, announced its decision after canvassing votes from Surigao del Norte Thursday. It said Trillanes got 44,604 votes from the province.

Trillanes placed 11th in the Senate race. ABS-CBN News

The Trillanes Dilemma

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Sunday, June 10, 2007

TAMARAW: Dwarf Bufallo in the Philippines fights for survival



Dwarf Bufallo Fights for Survival

MOUNT MAGAWANG, Mindoro Island
Emerging to graze only at dawn and dusk, the dwarf water buffalo, the largest indigenous mammal in the Philippines, is living on borrowed time.

First documented in 1888, the tamaraw stands about three feet (one metre) high at the shoulder and weighs 300 kilograms (660 pounds).

It lives for about 25 years and has a ferocious streak -- it has been known to attack people with its V-shaped horns.

By the 1960s only about 300 had been counted in the wild making it rarer than the black rhinoceros of Africa, China's panda and the tiger.

Tamaraw exist mostly within a 16,000-hectare (39,520-acre) section of a 97,000-hectare (240,000-acre) national park around Mount Iglit on the central island of Mindoro.

"Since there are less than 500 of them, by definition they are still on the critically endangered list," said Rodel Boyles, head of the government's Tamaraw Conservation Programme.

The World Conservation Union cites habitat loss from cattle ranching and farming, hunting and diseases as major threats to the animal's survival. A century ago about 10,000 were thought to be roaming the entire island.

The conservation programme is run on a shoestring annual budget of 3.69 million pesos (77,620 dollars), barely even enough to fund and outfit Boyles' staff of 30, including a handful of anti-poacher patrols.

The park also shelters deer, wild hogs and other rare birds endemic to Mindoro, including the imperial pigeon, scops owl, black-hooded coucal, scarlet-collared flowerpecker and bleeding-heart pigeon, as well as the rare Jade vine.
Source: France24

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Thursday, June 07, 2007

Commission on Human Rights : Arroyo administration gets failing grade

Arroyo administration gets failing grade on HR

The Commission on Human Rights (CHR) on Friday gave President Arroyo's administration a failing grade for its efforts to solve cases of human rights violations in the country.

On a scale of 1 to 10, CHR Chairwoman Purificacion Quisumbing gave the Arroyo administration a "less than 4."

"Ay sa implementasyon ng mga sinasabing treaties on human on rights ay talagang less than four sa ngayon. Kung 1 to 10 ay 4 ang implementation natin dito sa Pilipinas (With regard to the implementation of treaties on human rights, its score is less than four for now)," Quisumbing told ABS-CBN's "Magandang Umaga Pilipinas."

Quisumbing, meanwhile, gave her office a grade of 6.

She said CHR is not only active in investigating various cases of human rights violations, but it is also very busy raising the people's awareness about their rights.

She added that CHR is also concentrating on investigating unexplained or extrajudicial killings.

Quisumbing said her office has already filed several cases of human rights violations that have yet to be acted upon by the Department of Justice (DOJ), which serves under the Office of the President.

The CHR chairwoman said she is optimistic that DOJ will act on the cases since Mrs. Arroyo is always asked about the issue of extrajudicial killings in the Philippines during her state visits to other countries.

"Our suggestion is [for the government to open] a fast lane justice for human rights victims," she said.

Quisumbing, meanwhile, admitted that the CHR operates on a low budget, which prevents it from adding personnel.

She said CHR also needs to have prosecutorial powers as all it can do for human rights victims is investigate their complaints and recommend the filing of cases to the DOJ.

For his part, Bayan Muna Rep. Teodoro Casiño said party-list representatives and other members of the minority in the House of Representatives have attempted to raise CHR's budget.

Casiño, however, said their attempts proved futile because human rights is among the least of the priorities of the House majority.

Quisumbing said the good thing is that the Supreme Court, based on its recent decisions, seems to be giving more attention to human rights victims.

The high court had recently absolved six activist lawmakers, including Casiño, from the rebellion cases filed against them by the government for their alleged involvement in the attempt to oust Mrs. Arroyo from office last year.

The Supreme Court had recently put up special courts for extrajudicial killings.

Activist groups on Thursday asked the high court to include in its prosecution the rising number of enforced disappearances in the country, including the abduction of agriculturist Jonas Burgos. ABS-CBN NEWS

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Tuesday, June 05, 2007

Trillanes Keeps the Fire Burning

The political victory of ex- Navy Lt. Antonio Trillanes IV is a repudiation of morally bankrupt Arroyo regime. The more than 11 million voters supported his anti-corruption advocacy and protest vote against GMA’s anti-people policies. Majority of the Filipino people based on surveys want the ouster of bogus President Gloria Arroyo whether via military intervention, resignation or people’s uprising. The victory of the Genuine Opposition-UNO in the senate race is a referendum or no confidence vote against Gloria Arroyo and her corrupt government. Finally, the ultimate reward will be the prosecution and conviction of Jose Pidal and Gloria for their crimes against the Filipino people.

“If I’m going to craft policies that will focus on anti-corruption, we can’t have an anticorruption drive implemented by a corrupt President, so it’s impossible, I can only do so much".

"I believe we can clinch the required number of congressmen to impeach her. The only way for this country to move forward is to move Gloria Macapagal-Arroyo out of the way.” Former Navy Lt. Antonio Trillanes IV


Senator-to-be Antonio Trillanes IV of the Genuine Opposition does not disappoint those who trace the mess that this country is in to the illegitimacy of the Arroyo presidency.

Foremost, he never refers to Arroyo as "president". Just plain Gloria Arroyo.

In his interview last Monday with ABS-CBN’s Ces Drilon, the first after he was granted post-election media access, he said he would work for the impeachment of Gloria Arroyo.

This categorical declaration, at this time when some of the opposition senators-elect are taking a magnanimous attitude towards the Arroyo, has elicited strong reactions.

It’s perfectly okay with me because I believe that no one who was ever elected by the people should hold the presidency. Given the many crimes against the Filipino people that Arroyo has committed, I believe such an undertaking is long overdue.

But I know of others who want a respite from wearying political hostilities. There is also the aspect that he was elected senator (I’m presuming that he will soon be proclaimed senator because he won) who would only be able to participate in an impeachment process if the Senate is convened as an impeachment court. An impeachment complaint is initiated in the House of Representatives.

Ces asked, given that the numbers in the Lower House do not favor of the opposition, would he still pursue his advocacy of Gloria Arroyo’s impeachment?

Trillanes’ reply: "The impeachment advocacy has been my campaign line because I believe that’s the only way for this country to move forward. We have lined up several legislative proposals which require primarily executive action. We can’t possibly expect these policies to be implemented by such a corrupt president. So I’m being straightforward to the people that we can’t do much as long as we have GMA as president."

He said his winning the senate race despite all the odds – in detention, lack of funds, very few TV ads – was a statement from the people that they want change.

He sees the lack of numbers among the congressmen now as surmountable. He said his senatorial win broke several conventions in Philippine politics. "We have done practically the impossible. It shows it can be done."

He elaborated how he is going to go about it. "If I can convince people to vote for me, I believe I can also convince congressmen to support impeachment. Or I can convince sectors of society to convince congressmen to support impeachment."

In a separate interview with DZMM’s Anthony Taberna and Gerry Baja yesterday, he expressed the desire to be part of the Blue Ribbon and the Defense committees. I can imagine that through investigation in aid of legislation, he would be able to uncover more impeachable crimes committed by Arroyo.

Trillanes told Ces Drilon that impeaching Arroyo "is the only way to go. And I will keep on delivering that message. We can have change now, outside Gloria and move forward to progress. Or we can tolerate three years of what we have now with Gloria at the helm."

He pursued the same line in his answer to ANC’s Ricky Carandang, who joined the interview from the studio. Asked about his legislative agenda, Trillanes replied that the legislative agenda he presented to the people necessitates the removal of Arroyo. He cited his anti-corruption position: "You cannot possibly expect and anti-corruption legislation to be implemented by a corrupt president. We have to be real about the situation."

He said it’s the same thing in the areas of peace and order. He disclosed that he is in the process of conceptualizing a comprehensive Mindanao peace plan that will include conflict resolution, infrastructure development, enhanced economy and social services. "We can’t have this under GMA because GMA is the one responsible for the endless war in Mindanao. She had her chance. For six years, she mismanaged the country and right now, she can’t possibly say anything as regards the Mindanao war because she’s the one who perpetuated it."

It will be recalled that when Trillanes and some 300 soldiers belonging to the Magdalo staged what is now referred to as the Oakwood mutiny on July 27, 2003, they disclosed the Greenbase documents which exposed the plan of Arroyo and her national security officials to control Mindanao for business interests.

To those who are concerned that he would not be a fair and impartial judge in case of an impeachment trial against Arroyo, he explained that impeachment is a political trial whose end is not criminal conviction but a change in political leadership.

"So the ultimate judgment is based not only on the overall political assessment (but also) of whether it is in the best interest of the country for the accused public official to continue serving in government."

Four years of detention has not doused the fire of idealism that we saw in Oakwood. I like what I’m seeing.



Readers who missed a column can go to http://www.ellentordesillas.com

Email address: ellentordesillas@gmail.com

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Monday, June 04, 2007

World Bank: RP lagging in economic ‘renaissance'

What economic take-off? Mrs. Gloria Arroyo is spreading lies around the about economic gains under her watch.


RP lagging in economic ‘renaissance,’ says WB

Daily Tribune 06/05/2007

While the World Bank (WB) proclaimed yesterday that an economic renaissance has started in Asia, it noted that the Philippines is among the underperformers with 41.9 percent of its 83 million population living in poverty.

The WB defined the poverty level as an income of less than $2 (less than P100) a day for an individual.

WB country director for the Philippines Joachim von Amsberg, in a briefing during yesterday’s launch of the WB study — An East Asian Renaissance: Ideas for Economic Growth — said the country “has for a long time had the potential for dynamic growth and sustained poverty reduction but development outcomes have lagged behind this potential.”

The study noted that in 2005, the level of poverty in the Philippines was exceeded in the region only by Cambodia, Laos, Vietnam and Indonesia.

In WB’s poverty headcount on the percentage of population living below $2 per day, East had a median of 31.3 percent in 2005, with Korea having less than five percent of its population as poor under the definition, Malaysia, 5.5 percent; Thailand, 22.8 percent; China, 28.6 percent; the Philippines, 41.9 percent; Indonesia, 44.4 percent; Vietnam, 49.1 percent; Cambodia, 62.1 percent and Laos, 68.6 percent.

The WB said low investments are what keeps the development in the country at snail’s pace.

“Deepening of reforms to improve tax revenue collection, to improve the quality of public spending and reduce corruption, and to improve the investment climate through infrastructure and effective competition in key sectors would help raise the investment rate from its current extraordinarily low level,” Von Amsberg said.

“A higher investment rate would make higher growth sustainable, generate more jobs and income and reduce poverty more rapidly,” he said.

Thus, he raised the importance of increased economy of scale, more regional trade with the other Asian countries and higher quality of education.

Von Amsberg said while macroeconomic fundamentals were strengthened particularly in the fiscal position, more focus should be given to investments since it remains below 15 percent of gross domestic product (GDP) against the 20-percent to 30-percent share in other East Asian countries.

“The Philippines has already seen and is reaping the benefits of the right policies in the telecommunications industry. We hope other key sectors, particularly maritime and aviation, will soon follow suit,” he stressed.

On the country’s 6.9 percent GDP growth, Von Amsberg said the WB will have to see how the growth will be sustained.

“The challenge right now is that the good news could create complacency. The good news could lead to a situation where the gains from this very good situation might be lost,” he added.

Homi Kharas, one of the two authors of the latest WB study on East Asia, said the improvement in East Asia right now is “something quite new.”

“The old Asia relied on the famous flying geese analogy that saw mature industries move to low-wage countries. The new Asia is more innovative and networked —it’s characterized by a very competitive business environment that encourages new products and processes and a labor force able to absorb new ideas,” he said.

He added compared to countries in the East Asia, the Philippines is “doing well on trade side, okay on the finance side but quite poorly on innovation in research and development, management of cities and absorption of people in the cities, rural/urban divide and on corruption.”

Indermit Gill, co-author of the East Asia study, said “(East Asia) cities are at the core of development strategy based on international integration, investment and innovation.”

He said, “East Asia is witnessing the largest rural-to-urban shift of population in history.”

“Two million new urban dwellers are expected in East Asia cities every month for the next 20 years. This will mean planning for and building dynamic, connected cities that are linked both domestically and to the outside world so that economic growth continues and social cohesion is strengthened,” he added.

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Boxer Manny Pacquiao's Millions Shake Banks



Who’s in charge of TU’s campaign funds? The usual suspects may have pocketed or shaved campaign funds. Jose Pidal and Gloria had gone berserk why her TUTA got clobbered nationwide despite of sky the limit funding. Somebody may have profited big time from TU funds. There’s no such thing as GMA‘s Team Unity bailiwick in Mindanao. Administration’s so-called bailiwicks are equivalent to vote-padding and vote-shaving (dagdag-bawas scheme), bribery, deliberate disenfranchisement of voters, intimidation, terrorism and other forms of cheating. The fraudulent election results in Maguindanao and Lanao Del Sur are the best showcase of Comelec chief Benjamin Abalos' legacy. Defeated congressional candidate Manny Pacquiao has problem of reimbursing his election expenses as promised by Malacanang. P140 million is a big amount to spend for retirement in luxury in the Philippines. Manny Pacquiao should reveal the names of Malacanang officials who duped him to run against Rep. Darlene Custudio and promised all expenses are paid for. I presumed it was a gentleman’s deal.

Manny’s millions shake banks
Business Mirror 06/04/2007 By Jun Vallecera Reporter

A LOCALLY-BASED thrift bank and two branches of regular commercial banks based in Manila are having difficulties servicing their clients panicked by the sudden withdrawal of most of the deposits of boxing champion Manny Pacquiao.
Informed sources said Pacquiao withdrew all his money from a bank in General Santos City as he conducted a personal audit and found he spent more than P140 million in election-related expenses but was still trounced by his diminutive political opponent.
The withdrawal triggered similar withdrawals in two other banks in the city whose own clients heard of the sudden Pacquiao withdrawal, according to the sources.
None of the banks was identified but two of them are branches of two Manila-based commercial banks and the other is a locally-based thrift institution, the sources said.
Sources said the banks hit by sympathetic withdrawals dealt with their problems by accessing the overnight market to service worried depositors.
According to the sources, Pacquiao, who ran under the Kabalikat ng Malayang Pilipino (Kampi), was miffed that his Metro Manila-based political principals did not deliver their end of the bargain as he sought the reimbursement of expenses arising from his decision to seek an elective position in his native province of South Cotabato.
There was a reported deal for Pacquiao to spend from out of his personal pockets, with the principals pledging to reimburse every centavo spent at the end of the campaign period.
According to sources, Pacquiao called his political principals as it became clear just days before the actual May 14 elections that he would lose his bid to get a congressional seat, only to have them cut the phone line abruptly.
Subsequent attempts to reestablish contact proved futile, and this led Pacquiao to take all his money from the banks, ostensibly so the boxing champion could take stock of what was left of his personal wealth, the sources said.
Temporarily illiquid banks, such as those hit by mass withdrawals, borrow from others on very short term basis and return the money right after.
That the problem was addressed adequately by the overnight market and without the intervention of the Bangko Sentral ng Pilipinas was a clear indication of the relative strength of the banking system as a whole, the sources said.
Meanwhile, a member of Team Pacquiao said it was possible that the superstar boxer did lose that much money in his attempt to become a congressman.
“The P140-million plus Manny lost, [that] could be true,” a Pacquiao confidante said. “Definitely, it’s not lower than P100 million.”
One instance relating to how Pacquiao was duped is how two operators charged the boxer P500,000 but never worked for him after being paid.
The operators said they would help Pacquiao in his campaign but would only do so if Pacquiao paid them the initial sum. Pacquiao never heard from them again. He later found out that they were already working in his rival’s camp.

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Friday, June 01, 2007

Supreme Court junks rebellion raps vs militant solons

Why the Supreme Court only reprimanded Justice Secretary Raul Gonzalez for abuse of power? He should be punished for injustices committed against the progressive legislators. The Batasan 6 should file disbarment case against Raul Gonzalez and his partisan-prostituted public prosecutors. They must be expelled and have no business in the Department of Justice. Teach them a lesson!


Supreme Court Justice Antonio Carpio even reprimanded Raul Gonzalez’ DOJ. He said, “We cannot emphasize too strongly that prosecutors should not allow, and should avoid giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends, or their purposes alien to, or subversive of the basic and fundamental objective of observing the interest of justice evenhandedly, without fear or favor to any and all litigants alike, whether rich or poor, weak or strong, powerless or mighty.”


Beltran mullls filing raps vs Raul Gonzalez, others for his arrest

Detained Anakpawis Rep. Crispin Beltran on Friday threatened to file charges against Justice Secretary Raul Gonzalez, government prosecutors and the policemen who arrested him last year on rebellion charges, Bandila reported.

Beltran’s statement came after the charges lodged against him and five other left-leaning lawmakers were thrown out by the Supreme Court Friday in what the opposition described as a defeat for President Arroyo’s administration.

"Maliwanag naman na I was unlawfully and illegally arrested at iyong aking detention ay arbitrary (It is clear I was unlawfully and illegally arrested and my detention was arbitrary)," Beltran said.

The lawmaker, who has been under hospital arrest at the Philippine Heart Center for more than a year now, said he is confident that he will now be freed despite a pending case before the Quezon City Regional Trial Court.

Police authorities have filed a new case against Beltran for the crime of inciting to sedition after his arrest last year. He said that since the offense is bailable he is planning to post bail on Monday to pave the way for his freedom.

Beltran said the dismissal of the rebellion charges was good news. "I am hoping that with the dismissal of the rebellion charges, the attacks against the progressive lawmakers will also come to an end. I am looking forward to my release from detention."

"It is to be hoped that the SC decision will not meet any more opposition from the Armed Forces of the Philippines and other forces who continue to discredit, criminalize and demonize us," the 74-year-old veteran labor leader added.

In a 23-page decision penned by Justice Antonio Carpio, the SC’s Second Division granted the consolidated petitions on the writs of prohibition and certiorari to stop the prosecution of the six lawmakers for rebellion.

The high court ruled that state prosecutors did not have probable cause to file charges against Beltran and the group dubbed as the "Batasan 5," who were accused of plotting a coup against President Arroyo last year along with military rebels and opposition politicians.

Bayan Muna Reps. Satur Ocampo, Teddy Casiño and Joel Virador, Gabriela Rep. Liza Maza and Anakpawis Rep. Rafael Mariano sought sanctuary at the House of Representatives and are effectively free while under the protective custody of the House.

The SC ordered the Makati Regional Trial Court Branch 150 to dismiss the criminal cases of rebellion against the six lawmakers.

The court said prosecutors failed to follow procedures for filing charges against the six.

It said haste in filing the charges "not only trivialized the investigation but also lent credence to petitioners’ claim that the entire proceeding was a sham."

The court also cited "the obvious involvement of political considerations" in the case.

All six are members of leftist party-list groups that the military has accused of being fronts for communist insurgents.

The SC also ordered the Makati RTC to dismiss the rebellion charges against private citizens Vicente Ladlad, Nathanael Santiago, Randall Echanis and Rey Claro Casambre.

The SC set aside the rulings of the Makati RTC dated May 31, 2006 and Aug. 29, 2006, which sustained the finding of probable cause against Beltran and upheld the DOJ orders dated March 22, 2006 and April 4, 2006 denying the petition of the "Batasan Five" for the inhibition of the prosecution panel for lack of impartiality and independence.

The SC also ruled that the inquest proceedings against Beltran were void because of the failure of the inquest prosecutors to comply with the rules of preliminary investigation in cases involving lawful warrantless arrests as provided by the Rules of Court.

The SC also found that the joint affidavit of the arresting officers stated that Beltran was arrested for the crime of inciting to sedition and not rebellion: "The inquest prosecutor could have only conducted – as he did conduct – an inquest for inciting to sedition and no other."

The SC said none of Beltran’s arresting officers saw him commit in their presence the crime of rebellion, nor did the arresting officers have personal knowledge of the facts and circumstances sufficient to form probable cause to believe that Beltran had committed rebellion.

"What these arresting officers allege in their affidavit is that they saw and heard Beltran make (an) allegedly seditious speech on Feb. 24, 2006," the SC said.

It added that there was no probable cause to indict Beltran for rebellion, as none of the affidavits presented as evidence before the prosecution panel that conducted the inquest stated that Beltran committed specific acts of rebellion.

"The allegations in these affidavits are far from the proof needed to indict Beltran for taking part in an armed public uprising against the government," the SC said. "What these documents prove at best is that Beltran was in Bucal, Padre Garcia, Batangas on Feb. 20, 2006 and that, 14 years earlier, he was present during the 1992 CPP (Communist Party of the Philippines) plenum. Beltran’s alleged presence during the 1992 plenum does not automatically make him a leader of a rebellion."

"None of the affidavits alleges that Beltran is promoting, maintaining or heading a rebellion," the SC said. "The information in fact merely charges Beltran for conspiring and confederating with others in forming a tactical alliance to commit rebellion. As worded, the information does not charge Beltran with rebellion but with conspiracy to commit rebellion, a bailable offense."

The SC also said the preliminary investigation conducted against the petitioners was tainted with irregularities and that the case prosecutors failed to comply with the rule that "the complaint be accompanied by affidavits of the complainant and his witnesses, subscribed and sworn before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public," the SC said.

The SC also stressed "the obvious involvement of political considerations in the actuations of Justice Secretary Raul Gonzalez and of the respondent prosecutors."

SC spokesman Midas Marquez said the SC decision is not an automatic order for Beltran’s release from detention. Marquez said the SC is ordering the Makati RTC to dismiss the rebellion case against Beltran: "The RTC, with the dismissal of the case, will then order his release from detention provided he is not being held for any other case."

Meanwhile, Gonzalez said he expected the SC decision on Beltran: "I expected that since the release on bail of Satur Ocampo. But I will disagree with the Supreme Court in saying that the DOJ neither has the capacity nor the authority to determine the existence of probable cause."

Gonzalez also said the SC statement that he let his office be used for political purposes is "an allegation based on surmises. Every prosecution will always be under the DOJ. Under the law, all investigations must be brought to the DOJ."

"It is a presumption that we are prostituting our office. All these issues must pass through the DOJ. All these cases must be filed with the Department of Justice. The Rules of Court are very clear," he added.

Meanwhile, Ocampo immediately pressed for Beltran’s release and hailed the SC for dismissing the rebellion case filed against him and his six co-accused: "We are vindicated. This is a triumph of truth and justice over the Arroyo government’s invented and unfair charge against duly-elected people’s representatives."

Ocampo said the SC decision affirmed their position that the charges filed against them "are all fabricated, based only on perjured testimonies, full of legal shortcuts and obviously politically-motivated."

"This is a slap on the faces of President Arroyo and her two repressive agencies – the Cabinet Oversight Committee on Internal Security led by Executive Secretary Eduardo Ermita and the Inter-Agency Legal Action Group (IALAG) led by National Security Adviser Norberto Gonzales – who have all conspired to demonize and persecute us because of our roles in the legal opposition and the mass movement," he said.

He added that Gonzalez "is just one of the players. Those who hatched this plot against us are in the Palace." With reports from The Philippine Star (Mike Frialde, Katherine Adraneda, Delon Porcalla) AFP

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