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The recent unconstitutional ban by the Philippines Department of Just-Tiis and the support for such a ban shows the depth of uber-meddling micro-management of control freaks in the Philippines.
THIS EXCESSIVE OBSESSION WITH THE MOST MINUTE OF DETAILS CAUSES A DIRECT MANAGEMENT FAILURE IN THE ABILITY TO FOCUS ON THE MAJOR DETAILS - LIKE .. CONSTITUTIONALITY
If it is indeed true that Arroyo is guilty of all the alleged financial improprieties – given the resources at the disposal of the incumbent Aquino administration – then it should be able to establish the paper trail and have a formal written statement framed by a prosecuting authority and found by a jury (as a grand jury) charging a person with an offense.
And because Arroyo as an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that she is entitled to adequate notice, a hearing, and a neutral judge.
Obviously, Arroyo has not been given due process – and the ban depriving her of liberties to travel outside the Philippines does not pose a a risk to national security, public health, and public safety. Frankly, without establishing a paper trail – it will be a stretch to state that the Philippines national security is jeopardized by the alleged questionable financial gymnastics. The angle of course is to show that GMA’s alleged financial dealings led to an extreme reduction in AFP capabilities.
However, I do not expect the incumbent Aquino administration or Congress or the Senate for that matter to establish a definitive methodology that will catch crooks because such methodology will also be used to catch the foxes that guard the hen house – aka “bantay salakay”. Thus, all Aquino and the House of Representatives will do – is put the allegations on the court of public opinion on Pinoy Reality TV – instead of a court of law. This legal drama telenovela will be squeezed for every inch of TV ratings and ad revenue. It will not be resolved – but it will certainly make one helluva cash cow.
It’s such a joke that these rent-seeking class of political leeches will pass an “anti-epal” law with haste – but are moving at a glacial pace on the Freedom of Information Act or the FOIA – Quis custodiet ipsos custodes . This palliative called the anti-epal law cannot match the ability of the FOIA to curb the gargantuan urges of Sen Santiago to meddle on how we use our income, increase taxes and waste taxes (read: higher payroll tax deduction and higher property tax for you and moi) on “free” condoms.
Of course there’s the apprehension that Arroyo might abscond – abscond with what exactly? Has she been convicted? Sen. Lito Lapid had a more sensible recommendation – provide security detail to the former President who will ensure she returns to the Philippines after treatment. of course, if the treatment takes some time – her tax-funded security detail will incur a cost. But, if the former president will pay for the cost of her security detail – that can help defray – even – eliminate the cost.
Having said that, I observed some common themes on the other non-legal justifications for not disapproving Arroyo’s request to travel. The central theme however is – “The Philippines has medical facilities, professionals and specialists that can attend to Arroyo’s illness.”
Let’s just suspend disbelief for a moment – and pretend that the Philippines has these facilities and manpower.
Does it justify restricting the liberties of an individual who is INNOCENT UNTIL PROVEN GUILTY? I vehemently disagree with such a notion. It is an unconstitutional arbitrary move that says the dictatorship regime in the Philippines was never removed – there was simply a “changing of the guard”. As a foreign visitor was once told – “it’s the same tollway, just different toll operators”.
Does an INNOCENT individual have to come up with a reason why he or she has to travel? Whether she wants to travel for health, entertainment, , relaxation, or business – on her own time and money, is really none of our business. Minding one’s own business comes hard to da Pinoys – and the Aquino administration has raised the art of impunity to new heights.
For all the unsubstantiated, unproven allegations, the government has yet to secure a conviction and final judgment. Which means without due process – the Philippine government is way out of line in micro-managing and restricting the liberties and right to travel of the former President. This is so WRONG and is a mockery of the constitution’s bill of rights.
If the incumbent Aquino administration can act with impunity on a former President – it can act with greater impunity on Juan de la Cruz. And there goes the Philippine Republic – down the yellow toilet.
Aquino’s posturing of to bring in medical specialists for Arroyo or offers of government money for her treatment are pathetic are pointless. Aquino has no business meddling in a patient’s preference for medical treatment.
Even if the The Philippine Medical Association (PMA) says that former President Macapagal-Arroyo could apply for a special permit from the Professional Regulation Commission (PRC) to allow foreign practitioners to treat her without having to leave the country – IT IS STILL NOT A JUSTIFICATION for restricting her constitutionally guaranteed liberties given the lack of due process.
Impunity reigns in the Philippines – whether it was Marcos, Estrada, Arroyo, Ampatuan, or Aquino.
The Philippines isn’t on Daang Matuwid – it’s on the YELLOW highway to hell via Hacienda Luisita – fueled by subsidies to Petron, Globe, MPIC, PLDT, PAL, SM, BPI – a government of Aquino’s crony pals, for Aquino’s crony pals, by Aquino’s crony pals.
PNOY AQUINO - GOVERNMENT OF CRONIES, BY CRONIES, FOR CRONIES - WITH THE FILIPINOS AS ALIPING NAMAMAHAY 
Tabako? He chomped cigars with impunity! He waged peace in Mindanao with impunity. But, I digress 
As of writing, Arroyo’s camp has gone to the Supreme Court for relief.
May the Corona court have the good sense and the balls to stand up for the constitutional rights of the innocent – and apply the letter of the law without fear or favor.
It will be interesting to see if this travel ban on Arroyo will turn out just like the Executive Order on the Truth Commission – unconstitutional. Abangan.
About the Author
Comments on “PNoy’s Department of Just-Tiis: Unconsitutional Uber-Meddling by DOJ Control Freaks and the Pinoy Culture of Impunity”
NB. More comments at http://antipinoy.com/pnoys-department-of-just-tiis-unconsitutional-uber-meddling-b-doj-control-freaks-and-the-pinoy-culture-of-impunity/
“This excessive obsession with the most minute of details causes a direct management failure in the ability to focus on the major details – like .. CONSTITUTIONALITY”
I wonder how constitutionally loyal this blog is when it seeks to abolish certain clauses in it for as long as it serves foreign interests and not Filipinos. Talk about hypocrisy here.
The individual rights of the former president is overruled by the atrocities she committed while she wielded power over the people. Talk about insulting the rule of law by committing election fraud along with other obvious unethical political machinations (and possible political assassinations/arbitrary incarcerations), and we now dare to invoke the constitution in this case?
During the middle ages, particularly the French Revolution, people of this kind such as Marie Antoinette were sent to the guillotine. Let’s not insult public credulity. It simply stinks and reeks of hypocrisy on all fronts.
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BongV Reply:
November 9th, 2011 at 12:36 pm
Prove it in a court of law.
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RETURNOFTHECOMEBACK Reply:
November 9th, 2011 at 9:59 pm
What court of law? The one that IMMEDIATELY REVERSED A FINAL DECISION due to a BLATANTLY BULL**** REASON in favor of a NOTORIOUSLY INFAMOUS ROBBER-BARON TAX EVADER LUCIO TAN (who is also one of the so-called big-time domestic monopolists who you supposedly claim to hate), which was clearly GROSSLY ANTI-LABOR?! The same court of law that SUDDENLY FREED MURDERER-RAPIST HUBERT WEBB, PSYCHO-MURDERERS CLAUDIO TEEHANKEE AND NORBERTO MANERO, and THE HIRED KILLERS WHO ASSASSINATED NINOY?!
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Felipe Reply:
November 9th, 2011 at 10:18 pm
Wag puros large caps. Mahirap basahin. Sige..ikaw rin.
Ang ibig sabihin lang nyan, mahina mag-presenta ng pruweba ang prosecution. If the court of law junks it, it means Pinoys should learn to improve how they present their case. Sanay ka kasi lang sa trial by publicity at saka trial by tsismis (hahahaha).
Si Ninoy naman, hindi pwedeng mahuli yun talagang pumatay, kasi malakas ang mga Cojuangco—maraming pera at koneksyon. Natatakot rin yun pamangkin nyang si AbNoynoy, kaya ayaw taluhin si uncle.
combuzz Reply:
November 9th, 2011 at 1:08 pm
” Talk about insulting the rule of law by committing election fraud along with other obvious unethical political machinations (and possible political assassinations/arbitrary incarcerations), and we now dare to invoke the constitution in this case”
Your allegations are just that, mere allegations. Show me where they have found her guilty of any of those charges. There must be due process, you can’t just go around hunting for witches.
“I wonder how constitutionally loyal this blog is when it seeks to abolish certain clauses in it for as long as it serves foreign interests and not Filipinos.”
You obviously know nothing about economics, any economist will tell you that a developing nation cannot develop without a free market. Foreign Direct Investment into the country will help create jobs for the filipinos and help uplift the Philippines in future generations. High tariffs and high taxes are a burden on the filipino consumers as well. Why shouldn’t we seek constitutional reform to remove these protectionist policies? Does it say in the constitution that changing the constitution is unconstitutional? It is unconstitutional however to not follow due process of the law.
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balutpenoy Reply:
November 9th, 2011 at 2:35 pm
“The individual rights of the former president is overruled by the atrocities she committed while she wielded power over the people. Talk about insulting the rule of law by committing election fraud along with other obvious unethical political machinations (and possible political assassinations/arbitrary incarcerations), and we now dare to invoke the constitution in this case?”
If this was a Christian fundamentalist country, then do as you may. But the fact is: this country was established as a secular democratic state that follows the rule of law. When you follow the rule of law, a spade is a spade, no exceptions, and in your case, no “overruling”. If you do that, you set a precedent. Once you set a precedent, EVERYONE can invoke an exception, everyone can overrule. When you have that kind of culture, that’s impunity in the strictest sense….. and impunity is what we have in abundance as a society — you want to add to that???
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“I wonder how constitutionally loyal this blog is when it seeks to abolish certain clauses in it for as long as it serves foreign interests and not Filipinos. Talk about hypocrisy here.”
Loyalty, in its truest sense, requires one to stay true and support the object of loyalty. It also entails one to act to the best interests of the object of loyalty. The 1987 Constitution supposedly seeks to protect the interests of the Filipino people when in reality it protected the Oligarch and Cacique monopolies through its protectionist policies. This blog promotes free trade as an engine for development of the Filipino people, how can you call it “constitutionally loyal” then? This blog separates what is good and what is bad in the Constitution, invoking a healthy practice of the good and advocating for the abolition of the bad. Where is the hypocrisy then??? You’re misconstruing facts my friend.
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“During the middle ages, particularly the French Revolution, people of this kind such as Marie Antoinette were sent to the guillotine. Let’s not insult public credulity. It simply stinks and reeks of hypocrisy on all fronts.”
Funny, the French Revolution didn’t happen in the Middle Ages:
Classical (Greek, Roman) >>> Dark / Middle Ages (Supremacy of Church/Papacy) >>>> Renaissance >>>> Enlightenment (English: Hobbes, Newton, Smith; Continental: Rousseau, Montesquieu, Kant, Voltaire) >>> French Revolution
And, btw, current treatment of Marie Antoinette by the historians is not that harsh anymore. Besides, she was just made a scapegoat and an object of anger of the people, but, did she knowingly and consciously made the events which sparked the French Revolution? Nein. Bad example for a bad conclusion, anyway.
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RETURNOFTHECOMEBACK Reply:
November 9th, 2011 at 10:05 pm
Bah! She said LET THEM EAT CAKE even when people were starving and she cheated on her husband too (for that alone she should have been stoned to death Allah Akbar)!
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balutpenoy Reply:
November 10th, 2011 at 9:52 am
As I’ve said, read the current treatment of her by the historians, things you’ve said about her are already passe, and most of them unfounded gossips (like what you just stated above about the cheating thingy). Besides, the main cause of the French Revolution was the financial strain caused by the subsidies and support for the Americans during their revolution, and a series of bad harvests due to a temporary climate change. Anyway, I shouldn’t be telling people not to believe gossips right away
pinoysareus Reply:
November 18th, 2011 at 2:44 am
**** the Arroyos and **** THIS COUNTRY!
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jayvee vera Reply:
November 9th, 2011 at 5:48 pm
All allegations labeled against gma as it is remain allegations unless proven guilty by the court of law and that’s the only time all her privileges and rights under the constitution can be cancelled. All of you people who are unwittingly swayed by the continuous impunity and bias by which this government and the media treat gma until probably she is crucified will do well not to be be overcome by your emotions and weigh with fairness all the circumstances that brought about the allegations.
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cdek!m Reply:
November 10th, 2011 at 1:14 am
If they have proofs then show it. Everybody is willing to listen to the facts they present. Problem is, parang wala namn e. Ika nga, “trial by publicity”. Give it a few months and patay nanamn yang issue na yan.
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Gl0ria is not innocent, marami syang ninakaw sa kaBan, let them do their job. Nakasalalay ang hustisya mO rit0.
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BongV Reply:
November 9th, 2011 at 1:20 pm
prove the allegations in a court of law.
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RETURNOFTHECOMEBACK Reply:
November 9th, 2011 at 10:09 pm
The law was made for man, not man made for the law – Jesus Christ. Who is more credible, the Son of God himself or you?!
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Felipe Reply:
November 9th, 2011 at 10:26 pm
At least etong post mong eto, hindi puro large caps na nakaka duleng.
Ganyan ba interpretation mo sa “law was made for man”? Para kang mga driber ng bus at jeepney. Puros sila “law was made for man”, kaya tignan mo pilipinas walang respeto sa law, puro sila mga hari ng kalsada.
DaidoKatsumi Reply:
November 9th, 2011 at 11:46 pm
Thanks to your DISTORTED Christianity, we live in a culture of IMPUNITY.
We never implement our laws because of that culture.
Auriga Reply:
November 10th, 2011 at 5:00 am
You’re not the only one who can quote the Bible.
“Render to Caesar what belongs to Caesar and to God what belongs to God.”
And congratulations for taking scripture out of context. It’s people like you who give us mature Catholics a bad name.
cdek!m Reply:
November 15th, 2011 at 10:03 pm
What the hell are you smoking dude?? Clearly being an objective person isn’t your good side.
pinoysareus Reply:
November 18th, 2011 at 2:46 am
you’re living in a dream world. The philippines is not a democracy. Have you no friends dealing with government? You realize how stupid and corrupt and ineffectual they are?
jeff Reply:
November 17th, 2011 at 10:43 am
you’re right…just like your allegations to the present government..eh mas plausible pa allegations kay GMA kaysa kay P-NOY…
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BongV Reply:
November 17th, 2011 at 11:10 am
if it were plausible – then prove it in court – obviously they have not – therefore – IMPLAUSIBLE.
jeff Reply:
November 17th, 2011 at 12:42 pm
the same goes..dba…you just answered your questions on this article..
pinoysareus Reply:
November 18th, 2011 at 2:48 am
A lot of people seem to have forgotten the Arroyos’ atrocities so quickly!! Galing ng mga Anti-Pinoy!!
NP-Hard Reply:
November 30th, 2011 at 11:24 pm
Think about it. Ano ang mas importante sa iyo, mabigyang solusyon ang mga kawalanghiyaan dito sa Pilipinas, o ang maipakulong ang madaming tao, kahit na uubusin nito ang oras at resources ng madaming tao?