SHRAPNEL OFF THE WALL

Conflict With Malaysia

Malaysia inflicted airstrikes and sent troops to the coastal zone Salah in the north-east of the island  of Borneo.

For a month a group of Filipino militants of the self-proclaimed Sulu sultanate has been controlling several villages in Malaysia.   40 were killed and dozens wounded in this war. The militants insist on joining theNorth Borneo to Sulu.

In 2010, 3.1 million people resided in the Malaysian province of Sabah in the north-east of the island   of Borneo, of which 800 thousand are from the island of Mindanao that belongs to the Philippines.

Mindanao has several Islamic separatist movements, and the largest of them is the  Moro National Liberation Front (MNLF). The militants   who invaded Malaysia call themselves soldiers of “Royal security force of the Sultanate of Sulu and North Borneo.” Their Sultan Jamalul Kiram III claims   that Salah belonged to his ancestors for centuries, and he sent his people to restore historical justice.

The Sultanate of Sulu is a historical region that occupies the south-western Philippines and north-west of Malaysia and   that developed an Islamic state in the 15th century. In 1658 the Sultanate received Sabah (North Borneo) from the Sultan   of Brunei in gratitude for the assistance in suppressing an uprising. In 1878, the Sultan of Sulu leased these territories to the British North Borneo
Company, and his descendants continue to receive payments from Kuala Lumpur in the amount of $ 1,700 per year. However, precisely because of the fact that it is only a lease, they   (including Kiram III) insist on the return of Sabah. Allegedly, when in 1963 the British returned Malaysia, they mistranslated the  word “padyak” in the lease agreement as “concession.” The Philippines for a long time did not recognize Malaysian jurisdiction of Sabah, but in 1976,   the Philippine President Ferdinand Marcos officially renounced the claims to the province.

Malaysian Defense Minister Ahmad Zahid said that the operation of the armed forces to protect the country’s   sovereignty was fruitful. However, he later rejected the Filipinos’ cease-fire offer. It can be concluded that the rebels continue to hold the coast. The   events triggered the worst political crisis in Malaysia and the Philippines in recent decades.

Separatist MNLF did not officially support the actions of Sultan Kiram. Philippine newspapers reported that the Sultan made a desperate move when he   realized that his interests in the autonomy were not considered in the negotiations between the MNLF and the Philippine government. MNLF leader Nur   Misuari said he did not support the invasion, but he warned the Malaysian authorities to stay away from peaceful Filipinos in Sabah.   “Once you are involved, it would be tantamount to a declaration of war against our people and the Moro National Liberation Front,” Misuari said.

Manila, like the MNLF, refused to support the self-proclaimed sultanate. The current President of the Philippines Benigno Aquino III urged Kiram to immediately   leave the territory of the sovereign state of Malaysia and avoid an international conflict. Aquino is currently in talks with the Moro, and does not needs this   confrontation. But the Sultan of Sulu said at a press conference on Tuesday that his people in Borneo, including his son who led the operation, would continue fighting.

On March 6, the UN Secretary General Ban Ki-moon called on the warring parties to stop violence and commence negotiations. Philippine Foreign Minister Albert del Rosario who is trying to   resolve the conflict promptly flew to Kuala  Lumpur.

The resolution will not be easy. Malaysia conducts a policy of deportation of Filipinos from North Borneo, many of whom consider themselves Sulani. In addition, there are systematical attempts to   reduce both legal and illegal influx of Filipino workers in Sabah, and not only from Moro. The flow of immigrants from South Asia and, above all, China, is preferred.

Haji Ahmad Bayam, former chief ideologist of the MNLF, told the Malaysia-Chronicle that the official position of the Moro was inconsistent with the real state of   affairs. The MNLF has popular support in northern Borneo and bases with the large arsenal hidden in the mountainous and forest areas of Sabah. He said that many of his friends now go there by boat from Mindanao   to support the uprising of the fighters of Kiram III. According to him, judging by the situation in Sabah, there is no way back.

But there are other positions as well. Malaysia-Chronicle reported that the population of the province has been collecting signatures for a petition demanding to leave the residents of Sabah in Malaysia. There is no agreement in   the Philippines. A delegation consisting of influential political figures visited the Sultan of Sulu in Taguig City and expressed support for his actions. Former Rep. Satur Ocampo said that President Aquino should review the  position of the state, and the former head of the Ministry of National Defense Norberto Gonzales said he supported Kiram.

Lyuba Lulko

Pravda.Ru

Philippines Passes the RH Bill

And finally they came around to using their unfettered senses.

How many times do they have to be told that the RH Bill is not a license for abortion?

The Order of Battle

Mr. and Mrs. Vince Novenario

carrying the flag on this day June 12, 2012

Philippine Independence Day

If you are still in doubt as to what document the national hero, Dr. Jose P. Rizal, stuck inside one of his shoes before he was executed at Bagumbayan,

it was a proposed Order of Battle for the revolucionarios that was completing its formation.

Although it was not discovered in time, the men at arms followed it strictly upon the consequences of the events that followed afterwards. The leaders led, and the followers followed, with some exceptions of course.

Insensible Remark

“I will sign a waiver of my SALN if the President says so”

I don’t see the logic.

I don’t see the point.

The waiver of the Statement of Assets and Liabilities is personal and private.

Why will the choice be influenced by what others say or do?

Or conceal?

Harmonize Dollar Deposit Laws?

To eliminate conflicting interpretations regarding the SALN and the FCD laws, the existing laws must be harmonized, synchronized, merged, amalgamated, or whatever the Senators may deem necessary to fix the problem.

If the Senators decide to amend the existing laws to plainly require everybody  to declare their dollar deposits, an AMNESTY clause must be included in the new amendment laws to provide immunity from litigations for those who have had undeclared dollar deposits prior to the said amendments. Otherwise, ………

The Corona Verdict

The Senate Impeachment Court rendered its verdict:

20 to convict

3 to acquit

Et tu Brute,

then fall,  Caesar!

The individual comments to explain their votes

proved the mettle of the senators,

why they were elected,

and why they will be re-elected.

Comes Now The Crisis

Should 16 Senators of the Corona Impeachment Court convict the Chief Justice, the defense panel said they will appeal to the Supreme Court because of a mistrial.

This would be good for the country in that whatever decision that the Senate Impeachment Court made  would be confirmed.

If their decision is upturned, then it would be a learning experience, unless the prosecutors are not sure of themselves.

Trying the Corona case would ideally be in the Supreme Court, where the atmosphere is quarantined from the pork barrel.

Personally, I am dying to see how the prosecution’s logic would stand up in a real trial court situation.

Dennis Manalo

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Considering the very short time given to prepare a rebuttal, Dennis Manalo comes through with this stinging rebuke of  the prosecution’s oral arguments. He gets to it point by point, relying on proven and certified evidence presented to the court as against unreliable, unverified, illegally collected evidence from the prosecution.

Eduardo de los Angeles

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The first oral argument from Corona’s defense comes from the scholarly Eduardo de los Angeles.

In his exhaustive treatise of the SALN and its expediencies Counsel Eduardo de los Angeles provided the meat and gist of Corona’s SALN defense, referring to cases and quotes which the prosecution was unable to refute nor challenge. This was an amazing demonstration of technical expertise, fluid in presentation, and direct to the argumentative points.

It is probable that only a few of the Senators and more of the prosecution panel followed his oral arguments due to its deep technical immersion. They were irresistible, and Corona could have won the SALN case on these arguments alone.

Enrile Presses On the Attack

“What is the meaning of culpa in Roman law?”

Cuevas said he was probably absent when this was taught.

 He could have asked any of the defense counsels to answer this question for him.

But, as if rehearsed,  Prosecutor Farinas comes out to define culpable as

‘willfull and intentional violation of the law’

“Is there the word intent on culpable violation?”

Maybe not, and conversely,

is there the word dollar in the SALN form?

Now this is getting funnier by  the question. Culpable means guilty or blameworthy. Corona, in his capacity as chief interpreter of the Constitution, does not believe that he is guilty nor blameworthy. From this line of questioning by Enrile, it is now presumed that he has joined the people who are ganging up on the Chief Justice.

All the more  need to call for a mistrial. Or an appeal to the Supreme Court. At least in this venue, the Chief Justice will be tried by his peers, nonetheless.

Enrile Questions Defense

“What injury will be caused if a public official with foreign currency deposits would declare that deposit in his SALN?”

The resulting injury as a consequence of a decision does not necessarily dictate the matter of choice by which the decision was made.

Enrile presumes from this question that an injurious result would happen if the dollar deposit is not declared in the SALN.

Contrary to his presumption, Corona believes that no injurious result would happen if the dollar deposit is not declared in the SALN.

It is a matter of choice resulting from  analyses of the legal situation.

Whether it would be injurious or not, it is still a matter of choice.

Sonny Angara

Senator-wannabe Sonny Angara, clean, honest, good guy said in front of the camera that he declared his dollar account/s  in pesos on his SALN. He had to convert the dollars to its peso value. This results in the absence of any dollar amount in his SALN. This method is used to skirt the Secrecy of dollar deposits and the SALN requirement, notwithstanding the AMLC dollar scrutiny. This results in the AMLC to ignore examining his account for any dollar deposit liable for money laundering.

This is the clear “palusot”  that we cannot ignore.

This even amounts to fraudulent  declaration because he will not be able to  provide evidence that his deposits are in pesos as declared in his SALN. Bank receipts and bank statements and other certifying hard copies for dollar balances will be provided by the banks  in dollar currency. Sonny is cheating in that he declared his apples in the form of oranges. He may even be cited for dollar-hoarding, if there is such a thing in the country.

Worse, if everybody else in the country is doing this, what the heck are the laws for? Everybody is making “palusot”!

Sonny is a senator-wannabe fully-endorsed by Noynoy.

Some senator he will turn out to be. He’s a real trouper, this clean, honest, good guy Sonny.

Moral Fitness?

Moral Fitness

There is no such phrase in the English language as ‘moral fitness.’

If there is, it is hardly ever in  use.

The word ‘fitness’ refers to something that deteriorates, like the physical properties or the mental faculties of people. It is something that may peak at one time and slowly ebb towards the span of time. The older one gets the less fit he becomes in both physical and mental. So fitness, therefore, varies inversely with age. Fitness is synonymous with capability. The more mature you become, the less fit you get to be. The best words that would describe one’s fitness will therefore be either ‘physical’ or ‘mental.’

Morality, on the other hand, is not related anyway to one’s ability nor capability. It is the sum total of one’s ethics, ideas, beliefs, likes and dislikes, of the good side of one’s personality. It does not peak. The more mature one gets, the more polished are his morals. Morality therefore varies directly with one’s age. The older one gets, the more refined are his morals.

“Moral Fitness’ is an improperly chosen phrase. It comes close to what one might call a misnomer. Probably what you were trying to say, and forgot this phrase for the moment, is MORAL ASCENDANCY.

This brings to my recollection the only Filipino to have the knack of putting down the proper choice of words. This is the late Ambassador Carlos P. Romulo, whose signature still adorns my old Philippine passport.

The Proper Choice of Words—–all journalists can write, but only a few can do this by using the proper choice of words. It grieves me to say that amongst these few belong those who are not even journalists.

 (naks, ingglis yata yan!)

The Corona Solution

The Corona Solution

A debate looms in the Senate Impeachment Court regarding the legality of Corona’s decision to invoke the Bank Secrecy Act against the provisions of the SALN law. I foresee arguments involving semantics and the priority of the aforesaid laws in the Constitution.

Well, I will advance a solution which may not be a direct solution to the problem but a compromise to solve the problem, uphold the laws of the Constitution, and preserve the Bill of Rights for the individual.

————————————————————————————————————

At the flip side of the SALN declaration submitted by an individual, there should be these following questions which should be ticked by the individual accordingly :

1. Do you have foreign currency deposits?

2. If so, did you declare it on this SALN in foreign currency figures?

3. If not, are you signing this form as a waiver for anybody and any agency to open and publish the contents of your foreign currency deposits?

4. If not, will you allow anybody or any agency to open your foreign currency deposits upon written requests from anybody or any agency?

5. If not, please state , in the open box below, your conditions as to when and how your foreign currency deposits may be opened.

———————————————————————————————————–

In this form is satisfied the full declaration of assets in the SALN, the Bank Secrecy Act as to the balance of the deposits, the AMLC’s duty to look at but not publish the contents of the deposits, the Ombudsman’s legally assigned access to the foreign currency deposits.

It would be against the law should the individual fail to declare that HE HAS foreign currency deposits. If he did declare that he has foreign currency deposits, then he has declared it so in the SALN even if he did not provide the balances.

Of course a court order is still required to forcibly open the foreign currency accounts in cases of, for example, garnishment proceedings.

Not so in cases of unverifiable complaints to the Ombudsman. The complaints must include the correct balances, otherwise the complaint is nullified and dismissed even if there really is an undeclared foreign currency deposit, which will then be considered as illegally-acquired evidence.

Presently, and without this SALN flip side, the Bank Secrecy Act is absolute and will hold dominion over all other declarations. Any foreign currency deposit may not be declared in the SALN much less  be publicized.

The Final Debate

And so the Prosecution Panel and the Defense Panel buckles down to brass tacks and crackled knuckles to prepare for the final arguments in the Corona Impeachment Trial.

After so many days of presentation of evidence, both credible and whatever, the crux of the debate appears to be the confrontation between the Bank Secrecy Act and the SALN Law.

Both are provided for in the Constitution and, as lawmakers would be lawmakers, the foresight was lacking when these laws were laid down.

One of the drafters of the Constitution would not even comment on these laws, and this proves that there was an error in drafting the laws.

In such a situation, I would put it this way—-

The Senate Impeachment Court is the sole arbiter of any impeachment. The Constitution says so.

But this Court can only have this privelege if, and only if the Court upholds the laws of the Constitution.

If it does not, it loses this privelege of sole arbiter ( or even arbiter) of any impeachment.

This may happen if the Senate’s interpretation of a law is suspect, and then a challenge will come in that the Court broke a law.

It follows therefore that if the Senate Impeachment Court will break ANY law or established procedure in the Constitution, its ruling will be subject to appeal.

And to whom would the appeal fall on? The Supreme Court, or the sole interpreter of the laws in the Constitution.

Looks like a merry-go-round, doesn’t it. And it looks like the Court is headed for it, having been too liberal as to accept false evidence and not protecting the rights of the respondent.

The cause for appeal may even go back to the procedure by which the impeachment was initiated.

The drafters of the Constitution have to come out to explain the intentions of the law, otherwise….

The Hallowed Walls of the Senate

Chief Justice Renato C. Corona spoke in his defense in these hallowed walls wherein were forged the laws that he is sworn to defend.

Ironically, these laws are now being made to bear against him because he strictly adhered to these,

within these hallowed walls wherein were forged these very same laws.

Corona’s Lament

Renato C. Corona

Chief Justice, Supreme Court

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The Chief Justice begins his initial showing on the witness stand with a lament as to the insufferable reasons why he had to be there.

My Remark

“Let him who has not sinned cast the first stone.”

If you did not declare your dollar assets in dollar figures

you have no moral right to declare in error

somebody else who did not declare

his dollar assets

in dollar figures.

Hypocritical Remark

” Do not be afraid to divulge your accounts if your accounts are legitimate”

So why do the members of Congress refuse to sign their waivers?

Corona’s End Game

Corona’s End Game

The analysts-wannabe have again publicized their ignorance.

First they termed this phase of the Impeachment trial as the end game. If they know even a hint of chess, they would realize that end games mean that one of the protagonists makes a move out of his original defensive position and forms a defense devoid of most of his chess pieces. It was only after Corona spoke to the people using the Senate venue that this situation, called the end game, truly started to exist. Now, and verily at this, Corona has satisfactorily neutralized the accusations against him to open what I would call a discovered check. His accusers are now at peril and the next move would be theirs. Corona has even dared them to sign their waivers to open their dollar accounts for public accountancy similar to what he will do.

Analysts wrongly used their hitherto fail-proof analytical brains to say that Corona sacrificed what advantages he has achieved by leaving the Senate. I say no. He was not actually addressing the Senate Impeachment Court when he made that speech. He was talking to the public, reiterating that he was disclosing these things as he had promised them. His advantage is now coming from public opinion. Was it not said that the Senators will vote according to what the public calls for? Was it not said that it was not the mistakes nor the omissions of the SALN which would count as an impeachable offense? Was it not said that the Bank Secrecy Act is absolute and that foreign deposits are not to be divulged? Verily it was the Senate who said so. And therefore it is the move of the Senate which is now under check. Remember that it is the Senate’s laws, the enforcement of which is now under critical scrutiny.

Declaring the removal from the records of what the Chief Justice has said would be the worst mistake that the Senate would do. Why? The fact that Corona was sick when he left the Senate will only dramatize the persecution that the Chief Justice has been suffering. The Senate has allowed this trial to continue under unverified evidences coming from anonymous letters and bits of opinion coming from the newspapers. What more could the prosecutors ask for? The Senate has done the work of the prosecutors. Come to think of it, was Corona under subpoena? Or did he come to speak without a subpoena?

The best recourse would be for the Senate to subpoena the bank records of Corona, and under a subpoena issued solely by the Senate demands. Again this would make the discovered check more agonizing because the banks will not disclose the foreign currency amounts without Corona’s waiver, and Corona’s waiver will not come down without the Senators signing their own waivers, too. If the Senators refuse to do so, they can only do this by invoking the Bank Secrecy Act the same way Corona is doing. The Senate is now under a Catch-22 situation, just because Corona initiated a discovered check, compelling the analysts-wannabe to publicize their ignorance.

This is my analysis, and I know that I am not publicizing my ignorance. In fact, I am patting myself on the back again because my intuition has come through for me again. I have always thought that impeaching the Chief Justice was a political maneuver, similar to that which wrongly impeached Merceditas Guttierez. Her successor is presently being as inactive as Merceditas was when she was accused of being lackadaisical.