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Wednesday, May 2, 2012

Is the Philippines Turning into an Aquino-Cojuangco-Lopez-Ayala Gulag?


THE GULAG WAS THE GOVERNMENT AGENCY THAT ADMINISTERED THE MAIN SOVIET FORCED LABOR CAMP SYSTEMS.

In plain and simple terms – the constitutional protected liberties of Arroyo to move freely are being violated by the Philippines Department of Justice. This seemingly innocuous move has grave implications for the constitutionally protected liberties and freedom of movement of ALL Filipinos – that means YOU and I.

What exactly am I driving at? This is not about being Anti-Aquino or being Pro-Arroyo – this is about your freedom of movement to pursue a better life wherever you want .

What this all boils down to

As stated in the 1987 PHILIPPINE CONSTITUTION, ARTICLE III, BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

The Philippines follows the American jurisprudence on Procedural Due Process. As discussed in Wikipedia

Procedural due process

In the United States, criminal prosecutions and civil cases are generally governed by explicit guarantees of procedural rights under the Bill of Rights. Most of these rights have been incorporated under the Fourteenth Amendment to the States. Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of “life, liberty, or property” without a fair opportunity to affect the judgment or result.

This protection extends to all government proceedings that can result in an individual’s deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. In criminal cases, many of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution, which guarantees reliable procedures that protect innocent people from being executed, which would be an obvious example of cruel and unusual punishment.[30]

At a basic level, procedural due process is essentially based on the concept of “fundamental fairness.” For example, in 1934, the United States Supreme Court held that due process is violated “if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.”[31] As construed by the courts, it includes an individual’s right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial in regards to the matter before them.[32]

Or, to put it more simply, where an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.

This concept of due process is is something which still eludes Filipinos who prefer to convict based on CHISMIS.

***

The Fundamental Questions

As stipulated in Section 6 of the 1987 Phil Constitution ” Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”.

The question therefore is – is restricting Arroyo’s travel in the interest of national security, public safety, or public health, as may be provided by law.

The biggest issue about Arroyo has been financial indiscretions. However, these allegations have yet to be proven in a court of law. Thus far, the DOJ has got nothing to show for their pathetic efforts. And given that they have yet to secure a conviction – it is hard to agree that Arroyo’s liberties should be curtailed because they constitute a threat to “national security, public safety, or public health”. I’d say Arroyo is a threat to Aquino’s MENTAL HEALTH.

No matter how hard or how strong our suspicions may be that she did it – unless there is evidence presented and evaluated in a fair process by an objective judge – there is no reason to restrict the movement of Gloria Arroyo. It is none of people’s business or the government’s business where Arroyo wants to get medical treatment.

The bigger concern here is that the incumbent Aquino regime brazenly violates the same constitution passed by Cory Aquino’s constitutional lap dogs’ convention. If a former President who has not been convicted, can have her constitutional liberties violated – it sets a dangerous slippery slope for all Filipino citizens. It means you – the Filipino can be restricted from leaving the Philippines for whatever flimsy reason the Dept of Just-Tiis can come up with. It smacks of the Soviet gulags of yore.

In fact this is already a reality.

The Creeping Philippine Gulag State

It is not a secret that the protectionist Philippine economy is shored up by OFW earnings. It baffles the imagination that the Philippine government restricts foreign investments that can generate jobs for Philippine citizens – and yet sends Filipino citizens to work for foreigners overseas – in foreign lands.

We supposedly “protect” the Filipino worker from the predatory foreign investors – and yet, we close our eyes to the perpetual predation of the local Filipino businesses on Filipino jobseekers. Just look at the employees of the retailers such as Shoemart and Gaisano. These employees are perpetual “temps” because SM and Gaisano lay them off on the fifth month and rehire them a month after. The DOLE justifies this as “job sharing” – shifts and batches of job seekers in the same position – sans the benefits. They also call this “job creation”.

Naturally, people will seek greener pastures – and there should be no impediments for doing so. BUT – the Philippine government had other thoughts when it issued a ban on deployment of OFWs to at least forty countries who allegedly cannot protect OFWs. That is such a BIG joke when the Philippines can’t even protect its workers – in the country.

The deployment ban also caused a whiplash effect on our foreign policy because such statements can be construed as a judgement on other countries. And you know how it is with Filipinos – we judge others – but are quick to take offense when we too are judged – Filipina maids anyone? :)

Meanwhile hunger is increasing, investments are down, the government will fall flat of its economic growth target of 8% – hitting 4.5% instead.

And no talk of good governance can change that. Think about the following:

* Aquino reneged on his campaign promiset to pass the FOIA,

* For all the talk of underspending – the Aquino administration just increased the size of government by creating a Dept of ICT – plus the fact that Noynoy’s Pork Barrel is far larger than Arroyo’s kitty when she was prexy.

* Fuel subsidies have done nothing but increase the profit of Petron – chaired by Noynoy Aquino’s beloved Uncle Danding.

* Aquino’s crony pals in Makati are buying up government assets – and replacing public monopolies with private monopolies – no thanks to the 60/40 provisions that keep open competition from taking place.

You see, when Filipinos are restricted from traveling and end up being forced to work for these crony-owned companies that pay dirt cheap wages and treat Filipinos like dirt – it somehow gives the impression that the Philippines is turning into an Aquino Gulag.

Video Documentaries by Baron Buchukoy

If there’s a God – the Philippines and Filipinos needs serious help right now because the daang matuwid of the Aquino regime is getting bumpier and pothole-ridden by the minute.

Or maybe – even “God” has given up on the hopeless Filipinos.


About the Author

BongV

has written 370 stories on this site.

BongV is the webmaster of Antipinoy.com.

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