LA SOLIDARIDAD

Mockery of justice

2012-01-28T03:08:00.001+07:00

Editorial

‘To use a similar test to measure the fitness of a person to hold the highest judicial post in the land is mockery of justice.’

THE prosecution has suffered a big setback in the decision of the Senate, sitting as impeachment court, not to entertain the accusation of illegally acquired wealth against Chief Justice Renato Corona.

The ruling limits the scope of the trial to the allegations of failure to disclose his statement of assets and liabilities and net worth under Article II of the eight articles of impeachment. As a result, the prosecution cannot proceed to show that Corona acquired properties manifestly out of proportion to his income.

That said, Corona can hardly take comfort in his possible acquittal because the cloud of suspicion of illegally amassing health would continue to hover over his head.

The prosecution has presented evidence of properties in Corona’s and his wife’s name that are not included in their statements of assets and liabilities. For this, the prosecution apparently believes it can already pin down Corona under the SALN section of Article II. But for insurance, the prosecution also sought the show the acquisition of the properties could not be justified by the Coronas’ legitimate income. This unfortunately fell under the section on illegally acquired wealth that was thumbed down by the Senate.

As a result, we appear to have a case here of undeclared wealth whose provenance the impeachment court believes it has no business looking into. All the while, the senator-judges saw no reason to block the introduction of the income tax returns of the Coronas as evidence.

The likely result is that the Coronas’ tax returns would confirm the assets they acquired were out of proportion to their income. But the court could not draw any conclusion because such is not alleged in the articles of impeachment.

This is fine, we suppose, in a criminal proceeding where an accused’s guilt must be proven beyond reasonable job. But to use a similar test to measure the fitness of a person to hold the highest judicial post in the land?

This is mockery of justice.

Indeed the economy, professor!

2012-01-28T02:59:00.002+07:00

by Peter Wallace

I’m amazed that Gloria Arroyo still lives in a fantasy world. I’d have thought hospital arrest might have brought her back to reality. It appears not. If her title of a report she recently released (It’s The Economy, Student) was meant to imply she was teaching us about economics, then we’d all fail. I’m not questioning that she made some good economic decisions. She did—but not to the grandiose levels she claims. And the reported corruption of her regime negated much of it.

I destroyed her supposed accomplishments published in major dailies (in September last year and previously in January 2010) in my analysis entitled FAIRYLAND and A FAIRYLAND—ALL OVER AGAIN. It seems I must do it again. I find it more and more improbable she could ever have got a doctorate in economics. I didn’t, but I can certainly analyze facts and figures more cogently than she seems able to.

I know I’ll anger the fewer and daily fewer adherents to her but they’ll eventually see the reality. Or at least I hope they will (some are friends) as the reality becomes overwhelmingly evident.

Her second paragraph, the first is so obvious you can’t even imagine why it was said: a rise in incomes reduces poverty. Duh? But her second fosters the myth of a 7.9 percent growth she created before she stepped down (2nd quarter of 2010). She completely ignores that there was no growth (1.5 percent) a year ago, so the base was artificially low. The 2010 number was just recovery back to normal. If you average for 2Q ’09 and 2Q ’10 it’s 4.7 percent for each period, and that’s what reality says it was. There wasn’t a sudden, sustainable growth in manufacturing, or agriculture, or anything else. Just recovery to the historical growth pattern.

Then follows her boast that RP was “one of the few that managed positive growth”, but if you assume, as you should, that government has only marginal impact on international trade, but has, or can have considerable influence on the domestic economy that boast collapses.

If we take exports and imports out of the GDP equation and just focus on the domestic factors look at what we find: Vietnam’s domestic economy (C+G+I) grew at an impressive average of 9 percent over the ten years, 2001-2010. Singapore’s grew 6.1 percent, Malaysia’s 5.9 percent, Indonesia’s 5.1 percent. And the Philippines was down there with Thailand, at 4.6 percent and 4.3 percent respectively.

Even if we take into account international trade we get a similar picture—the Philippines down near the bottom of the heap only Thailand (again) growing slower at 4.4 percent versus the Philippines at 4.5 percent. Thailand suffered more (down -2.3 percent GDP in the world eco crisis of ’09 vs the Philippines at +1.1 percent).

Singapore, Malaysia and Thailand recorded GDP fell as a result of the ’08-’09 global economic turmoil. Not us because we weren’t sufficiently connected to the world. And not because of some miraculous management by the President but because of the reverse, her inability to make the Philippines world-competitive, and do more business with the world.

As to roads and bridges... come on! Of course some were built. In 9½ years there had to be, but the expenditure on it all was the lowest amongst the Asean group in terms of both total spending and as a percent of GDP, by a significant factor. She spent less on infrastructure than any other leader in the region—in dollars and percents. And she allotted less than that engineer, Fidel Ramos. It was an annual 3.5 percent of GDP under Ramos, a miserable, and totally unacceptable, 2.3 percent under GMA .

And making the competitive comparison you know where the Philippines was. Not just at the bottom, but way down at the bottom. I hate to bore you with numbers, but you’ve got to see it to get the clear message. Gloria spent an annual average of US$2.6 billion during the 2000 to 2009 period, or 2.3 percent of GDP. Malaysia spent an average of US$7.6 billion/5.4 percent of GDP, Indonesia US$10.3 billion/3.4 percent, Vietnam US$ 4.9 billion/9 percent, Thailand US$10.8 billion/6 percent.

That is the real face of “achievement” that occurred in her administration.

She bragged about the more than 7 percent growth recorded during her term. But wait, what kind of growth was it? Did it help all, or just a few? It’s not easy to measure, but one number that gives some indication is the GINI number. This shows how much discrepancy there is between the rich and poor. A figure closer to zero indicates a more equal income distribution. You want to be approaching zero where everyone is more or less equally wealthy. By the way the 2010 GDP of 7.6 percent was just recovery from a low base while the 7.1 percent posted in 2007 (the only other year where there was such a number) was because of a drop in imports which created a double negative that artificially inflated GDP growth. Again, it wasn’t sustainable, real growth.

In our FAIRYLAND -ALL OVER AGAIN report, I mentioned that GMA succeeded in improving the country’s GINI coefficient from 0.481 before her presidency to 0.448 in 2009. Still, that’s far worse than Vietnam’s 0.378, Indonesia’s 0.394, and Thailand’s 0.425. Income distribution is more equal even in least developed Laos (0.326) and Cambodia (0.407). The Philippines was at the bottom of the heap at the end of her term.

Education facilities? Arroyo claimed that 100,000 new classrooms were constructed under her term and improved the classroom-student ratio to 1:39 for elementary and 1:55 for high school from: 1:45 and 1:65 in 2000. Again, as we emphasized in our 1st FAIRYLAND report these are far from the recommended 1:25 classroom-student ratio so that pupils can be properly educated. Also, the ratio goes as high as 1:79 for primary and 1:82 for secondary in some schools in Metro Manila. Worse there needed to be two shifts in some areas to achieve those figures.

The absolute number of the unemployed rose during her term: 3.5 million in 2000 vs. 4.2 million in 2009 using the same definition, not fudging it with a definition change as she did. And that doesn’t include (because no statistics) the Filipinos who fled overseas because there were no jobs here. These are government, “her government” numbers, so she can’t dispute them.

“Hundreds of thousands of families liberated from want during my decade at the helm of the nation” 19.8 million were in government-defined poverty in 2003 (based on the recently-revised poverty figures), 23.1 million were at the end of 2009. SWS’s self-rated figures were even worse, 43.8 million in 2000 vs. 45.2 million in 2009. So, yes maybe hundreds of thousands were liberated, but millions were worse off. Does that sound like liberation to you?

I could go on, but it’s a waste of time. Her administration was a failure in all the measures that count. Both in comparing the numbers at the start of her term against those at the end. And, more importantly, against our competitors. The quality of life of a greater number of Filipinos was worse when she left than when she entered (while our neighbors’ people were better off).

By the way, Gloria’s poor reputation didn’t appear out of thin air, it was built on event after event. There were just too many questionable deals (20 on my list) for her to be innocent of all them. Maybe you can falsely accuse someone of one or two events through Machiavellian machination, but 20? Maybe she’s innocent of some, but surely not 20. And why none of them resolved. Innocent people rush to prove their innocence, the guilty try to delay. 20 were delayed.

I’m not denying she did some good for the economy, she did, but it was not at the distorted levels she claims, and as it was less in most measures than our neighbors in a competitive world then the end conclusion must be that she failed as a CEO. That would be the case in a corporation; it’s the case for a country too.

Sad, she had all the potential to be a great leader.

(Published in the Manila Standard Today newspaper on January 27, 2012.)

Costa Concordia Sinking Leaves Other Cruise-Ship Passengers Alarmed -- and Out of Luck

2012-01-28T02:46:00.002+07:00

By Christopher Elliott

Tribune Media Services

January 26, 2012

The tragic sinking of the Costa Concordia cruise ship is leaving a line of worried passengers in its wake. Betty Westbrook is among them. The retiree from Allen, Texas, called me hours after the ship sank off the Italian coast, hoping that I could help her. "What are my chances for a refund?" she asked.

Westbrook believes that had she been aboard the cruise liner, she might have been a casualty. "I'm 82, and I couldn't have made it off the ship without help," she says. Reading about the Concordia crew's alleged unpreparedness for disaster has made her nervous about her February cruise to the Bahamas on the Carnival Magic.

The Concordia went down Jan. 13 after running aground near the island of Giglio. The death toll today stands at 16. The ship's captain, Francesco Schettino, is reported to have maneuvered the ship too close to a fishing village. He was arrested following the disaster and is currently facing criminal charges for abandoning ship and manslaughter.

Costa Cruises is owned by Miami-based Carnival, the world's largest cruise line operator, and not surprisingly, some passengers are now having second thoughts about their floating vacation. A nonscientific online survey conducted soon after the disaster by the opinion website SodaHead.com found that one-quarter of those polled were "less likely" to book a cruise after the Costa disaster.

Westbrook told me that when she heard about Carnival's handling of the Concordia sinking, she phoned her travel agency immediately to find out whether she could cancel her cruise.

The answer to her question is: No refunds -- at least not for her.

"We're not making any changes to our refund policy," said Carnival spokesman Vance Gulliksen. If she canceled, Westbrook would lose her deposit or 75% of the total cruise fare, whichever is greater. (Unfortunately, Carnival's refund policy is similar to that of most other major cruise lines.)

Costa, however, is offering passengers scheduled to sail on the Concordia through Feb. 25 their money back and a 30% cruise credit.

Meanwhile, the cruise line says it is covering the costs of lodging and return transportation for the Concordia's survivors, as well as offering counseling to the passengers and their families "as needed." It is also refunding all voyage costs, including onboard expenses.

In a statement issued just after the incident, Costa and its corporate parent sought to assure passengers such as Westbrook that its vessels are safe. "Costa is committed to ensuring that no such incident ever occurs again," it said. "Our number-one priority is always the safety and security of our guests and crew, and we comply with all safety regulations."

But passengers have some cause for concern, particularly when it comes to Costa, says Miami-based maritime lawyer Jim Walker. "In the last two years, Costa has had three significant incidents where crew members have been killed and passengers have been injured," he says.

On Feb. 26, 2010, the Costa Europa rammed into a pier in Sharm el-Sheikh, Egypt, as it was trying to dock in rough weather. Three crew members were killed and one was injured, along with three passengers. And on Oct. 18, 2010, the Costa Classica collided with a Belgian cargo ship near China's Yangtze River, injuring several passengers.

Costa's safety record isn't the only thing that should frighten passengers, say Walker and other legal experts. Also worrisome are the flimsy legal rights passengers have when they book a cruise, outlined in a legal document known as the ticket contract, which is available on the cruise line's website and is normally included with your ticket.

For passengers with future cruise plans, the contract delivers some bad news: If you want a refund, and you're within two weeks of departing on a European cruise, you're out of luck. (If it's anywhere between 44 and 15 days until your vacation, you can get half your money back.)

The contract is equally restrictive as it applies to the Concordia's survivors. The fine print limits the cruise line's liability to about $71,000 per passenger, requires that any claim against the company be filed within a year, restricts the filing venue to a court in Genoa, Italy, and applies Italian law to resolving the dispute.

For cruises from U.S. ports, Costa's contract limits the venue for filing lawsuits to the U.S. District Court for the Southern District of Florida, effectively turning any lawsuit into a costly federal case. Other ticket language prevents smaller complaints from being brought together as class actions, further limiting passengers' access to justice, say legal experts.

Cruise line claims adjusters often send a series of letters to injured survivors, asking for more information. The time required for correspondence and documentation runs down the clock on any claims, according to David Deehl, an adjunct law professor at the University of Miami and the vice chairman of the American Bar Association's Admiralty and Maritime Law Committee.

"They're appearing to want to settle, asking for more and more information," he says. In fact, they're usually intent on paying the least they can under the law.

One place where cruise lines move quickly is in shoring up their own defense, Deehl notes. "They have their own civil defense lawyers who are often flown right to the ship to interview crew and passengers immediately, locking in their defense theories with sworn testimony," he told me.

If you're considering a cruise vacation, experts suggest reviewing the ticket contract before booking to know what rights you have. If you're uncomfortable with the terms, they recommend sticking to a land-based vacation.

Travel insurance might help the Concordia's survivors recover some of their lost property and pay for the expense of their interrupted vacation. But only the most expensive policy, known as "cancel for any reason" insurance, would have allowed a passenger such as Westbrook to get a refund. (And read the policy carefully -- some "cancel for any reason" policies offer only a percentage of your money back.)

Westbrook says her friends have advised her to stop worrying. After all, her vacation is taking place half a world away and on a different cruise line, even if it's owned by the same company. But she says it's difficult, although "it looks like I don't have much of a choice."

It's too bad the survivors had to wait until the Concordia sank before they discovered that, given stringent, industry-wide cruise line policies, they have few rights of legal redress. And too bad it took a maritime disaster of this magnitude to reveal to other cruise passengers that they have virtually the same problem, no matter where they're sailing or what cruise line they choose.

Christopher Elliott is the author of "Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals" (Wiley). He's also the ombudsman for National Geographic Traveler magazine and the co-founder of the Consumer Travel Alliance, a nonprofit organization that advocates for travelers. Read more tips on his blog, elliott.org or e-mail him at chris@elliott.org. Christopher Elliott receives a great deal of reader mail, and though he answers them as quickly as possible, your story may not be published for several months because of a backlog of cases.

Curing the ‘Bigger C’

2012-01-27T15:06:00.003+07:00

MAPping the Future

Curing the ‘Bigger C’

By Ronald U. Mendoza

In this article, I refer to cancer of a much larger and more pernicious nature. Thankfully, possible cures for Corruption are now also being developed in a growing number of countries across the industrialized and developing world.

A few weeks ago, the National Anti-Corruption Commission of Thailand held a two-day policy research conference on “Evidence Based Anti-Corruption Policies,” bringing together over 300 researchers and policymakers from over 15 countries.

The discussions there highlighted several critical elements in a more effective campaign against corruption. To my mind, these are also highly relevant in our country’s present renewed effort to stamp out this social cancer. Here, I will build on what I took away from that conference as a small contribution to the broader anti-corruption effort.

First and foremost, the discussions emphasized that corruption has become much more sophisticated. Corruption is no longer just about bribe-taking or kickbacks. In many countries, it has permeated policy making to its very core, affecting the nature of policy choice and design. For example, Thailand’s recent reversal of its income guarantee reforms (i.e., policies to ensure a minimum income level for poor households implemented during Prime Minister Abhisit’s term) may signal a reversion to rice market intervention as a way to manage prices. The latter is a prime example of policy design that is much more “corruption friendly” in the words of Abhisit. We in the Philippines can very much relate.

While it receives far less attention, smarter and “corruption unfriendly” policies can also help change the public policy landscape, making it much less conducive to corruption. Essentially, income guarantees are not only less market-distorting, they are also less prone to the types of large-scale corruption in direct market intervention measures. Of course, transparent and well-managed social welfare programs (which include the income guarantee programs) will also help minimize the potential for corruption on that side.

Our research at the Asian Institute of Management also suggests that some types of public spending tend to be much more conducive to kickbacks and corrupt deals (e.g., large infrastructure deals and military spending). Empirical evidence suggests that public spending in these areas tends not to get cut (or is cut by much less) during economic downturns, even as social sector investments suffer the ax. This could skew government policies and public finance toward sectors and projects that don’t necessarily produce the “biggest bang for our buck.” Not only are these policies inefficient, they also tend to be highly inequitable (since most sectors that are more “corruption friendly” are also less directly linked to poor and low-income families’ benefits). It is no coincidence that policies that are more prone to corruption are also quite weak in their poverty-reducing impact. Clearly, anti-corruption is not just about the absence of bribery, it is fundamentally about the application of smarter policy.

Researchers were also challenged to move beyond macro-measures of corruption. By now, there are a number of corruption perception measures, which help to illustrate how pervasive the challenge is. Transparency International’s Corruption Perception Index and the International Crisis Risk Group’s “control of corruption” indicator are examples. While useful, these measures don’t yet capture finer details on the nature and extent of corruption, as well as its costs to the economy and society writ large. Measures on specific types of corruption as well as the geographic areas and economic sectors affected could help policymakers and civil society groups better track how effectively countries are able to reduce corruption. We have to track not just perceptions, but also concrete experiences of corruption in order to better understand how to curb it. Key innovations in other countries now include websites, like www.ipaidabribe.com in India, which not only exposes corrupt practices but also provides researchers and policymakers a wealth of information and data from those directly affected.

The discussions also underscored the need to engage ordinary citizens in sustaining the fight against corruption. Supply-side interventions are necessary and the government should rightly address them. Public and private sector managers can dramatically change the complexion of governance in the country by being paragons of example themselves. Ultimately, however, reforms will be sustained not merely by any single government, but by broad and inclusive coalitions of reform that directly engage the citizenry in sustaining the push for clean government, and indeed also clean and fair markets. Corruption, after all, is not only in the public sector but permeates all of society and is definitely anathema to a well-functioning market economy.

I thought it interesting that Thailand has even taken exceptional measures to develop educational materials in order to instill stronger anti-corruption and good governance views among their young people. In the words of one of Thailand’s Anti-Corruption commissioners, they seek to create a common value against corruption in an effort to strengthen the “immune system” of future Thai adults against corruption.

Finally and perhaps most critical, international evidence on promoting citizen engagement against corruption points to a singular key ingredient: access to information. Indeed, international evidence suggests that countries with much more transparent and participatory policy making processes, with systems that afford broader access to information on the workings of government, tend to have less leeway for corruption, and make policies much less “corruption friendly” and much more well designed and pro-poor.

Perhaps, if our leaders can only leave one mark on the anti-corruption effort, let it be a well-conceived and -implemented Freedom of Information Law. Simply put, to curb corruption, evidence is necessary. And to develop strong evidence, access to data and information will be critical. An environment wherein citizens have access to information not holds public sector managers more directly to account. More critically, such access to information can also empower our citizens to engage more effectively in our democracy.

(The article reflects the personal opinion of the author and it does not reflect the official stand of the Management Association of the Philippines. The author is associate professor of economics at the Asian Institute of Management and executive director of the AIM Policy Center. Prior to joining AIM, he was a senior economist with the United Nations in New York. Feedback at map@globelines.com.ph. For previous articles, visit map.org.ph.)

‘Downsizing, not closing’

2012-01-27T14:56:00.001+07:00

REY O. ARCILLA

‘An effective way to save on resources is to downsize and to appoint effective and efficient personnel.’

FOREIGN Secretary Albert "Amboy" del Rosario recently bared plans to close several diplomatic and consular offices abroad to "rationalize foreign service posts" and to effect savings.

Those reportedly to be closed include the embassies in Sweden, Finland, Hungary, Romania, Ireland and Venezuela and the consulates general in Palau, Saipan, Barcelona and Frankfurt.

A group of dedicated and concerned DFA foreign service officers has the following to say about the projected closures:

"It is true that there was a circular regarding "Rationalization of Foreign Service Posts" dated 30 March 2011 signed by Undersecretary Rafael Seguis instructing 59 posts to submit a two-page justification paper for their existence, focusing on the three pillars of Philippine foreign policy: national security; economic security; and protection and promotion of the rights and welfare of Filipinos overseas.

"However, after posts have complied, there was a complete blackout of information from the DFA. Nofurther consultation or communication regarding the subject was made with the posts. Rowena Sanchez, senior special assistant of Seguis, headed the small group that drew up the final list. Initially, assistant secretaries were included but later, only junior officers attended important deliberations. For the record, the Office of the Undersecretary for Policy and the Office of European Affairs, in memoranda to the Secretary, did not favor closure of several European posts except for Bucharest.

"The list is arbitrarily colored by ‘favoritism’ and isnot founded on a truly objective appraisal of the relevance/importance/contribution of some of the posts included to the three pillars of Philippine foreign policy. A proper, intelligent and dispassionate study of the facts and figures would have yielded a different list.

"If ‘rationalization of fiscal expenditures’ was the real objective, then it does not make sense to close down some of the posts in the list with a sizable number of Filipinos because the financial burden would then be shifted to the overseas Filipino who has to pay for long distance travel (by air in the case of Ireland with some 25,000 Filipinos, for example) to secure a passport or other legal documentation (oaths,notarization, etc.).

"An effective way to save on resources is to downsize and to appoint effective and efficient personnel. In some posts, the staff complement is disproportionately bigger than the need. Is the Filipino in San Francisco, for instance, more important than the Filipino in Ireland, Palau or Barcelona?

"The DFA will be appointing honorary consuls in countries where foreign service posts will be closed. Honorary consuls can never take the place of foreign service officers because they do not have the recognition that is exclusively given to diplomatic and consular agents by the host country. They owe nogenuine loyalty to the Philippine Government or to the Filipino people. While they may be able to help in promoting economic relations, they are most effective in settings where there is a foreign service post to oversee their activities.

"Downsizing, not closing, is the way to rationalize resources while not sacrificing long-standing bilateral relations which are important to national interests - in terms of supporting Philippine positions on territorial issues, to candidatures, to lobbying for the opening of markets for goods and services."

***

As a former member of the foreign service, I agree wholeheartedly with the above views. Also, Barcelona and Frankfurt have just been re-opened not too long ago. In the case of Barcelona which services a lot of Filipinos and is strategically located, a new consul general was assigned there three or four months ago.

Portugal, which hosts few Filipinos and is plainly less significant as far as security or trade ties with us are concerned, is not among those recommended to be closed. As I wrote last week, the reason is President Noynoy Aquino has nominated pawnshop mogul Phillipe Lhuillier to be ambassador to that country. Lhuillier served as political ambassador to Italy during the Estrada and Arroyo regimes for nearly twelve years, leaving a dismal record of performance.

The appointment of Lhuillier will definitely not be in accord with Noynoy’s "daang matuwid" principle which includes the appointment of qualified persons especially to sensitive positions in government, such as ambassador to another country.

I hope Noynoy realizes that all his efforts at improving governance will be for naught if he as much as contradicts himself even with a single appointment or retention of an unqualified person. He has to be consistent all the way.

And Noynoy should demand that of his cabinet members and all other officials.

For instance, his foreign secretary has not taken any action against one of his wards who had earlier been suspended for one year for conduct detrimental to the service. This same individual reportedly continues to ignore or defy his directive to turn over funds of the DFA Personnel Association of which he was posing as president for years without the benefit of re-election. (I asked the assistant secretary for administration and the DFA chief coordinator for confirmation of this report, but neither one replied. Perhaps, they are not aware of Noynoy’s quest for transparency in government.) For reasons known only to him, Del Rosario has allowed this person to get away with ignoring or defying his order. The appropriate criminal charge should have been filed against this employee a long time ago. Instead, Del Rosario has allowed him to set a very bad example for others. That is not consistent with "daang matuwid".

***

To the credit of Del Rosario, he has finally instructed his future ex-undersecretary for administration Seguis to remove a junior officer from the Office of American Affairs (OAA). As I have written on at least two occasions, this officer has reportedly been engaged in conduct unbecoming of an officer while in the OAA. I am told she is now assigned to the Office of Consular Affairs.

***

Reminders (for Noynoy’s action):

1) Filing of charges against officials of the National Food Administration during Arroyo’s illegitimate regime. Noynoy himself said on several occasions that there is documentary evidence to prove the venalities in the past in that agency; 2) investigation of reported anomalies in the GSIS during the watch of Winston Garcia; 3) facilitating the investigation of rampant corruption in the military and police establishments; and 4) expeditious action by the AFP on the case of Jonas Burgos.

***

From an internet friend:

Cool facts about the human body:

* Scientists say the higher your I.Q. The more you dream.

* The largest cell in the human body is the female egg and the smallest is the male sperm.

* You use 200 muscles to take one step.

* The average woman is 5 inches shorter than the average man.

* Your big toes have two bones each while the rest have three

* A pair of human feet contains 250,000 sweat glands.

* A full bladder is roughly the size of a soft ball.

* The acid in your stomach is strong enough to dissolve razor blades.

* The human brain cell can hold five times as much information as the Encyclopedia Britannica.

* It takes the food seven seconds to get from your mouth to your stomach.

* The average human dream lasts 2-3 seconds.

* There are about one trillion bacteria on each of your feet.

* Your body gives off enough heat in 30 minutes to bring half a gallon of water to a boil.

* Your thumb is the same length of your nose.

* When you are looking at someone you love, your pupils dilate, and they do the same when you are looking at someone you hate.

You measured your nose, didn’t you? Don’t lie!!!

***

Today is the 271st day of the fifth year of Jonas Burgos’ disappearance.

***

Email: roacrosshairs@yahoo.com

‘Fishing expedition’

2012-01-27T14:51:00.001+07:00

Editorial

'If that's a form of a fishing expedition, the fish must be huge indeed.'

IT’S a hoary trick, keeping unexplained assets in one’s children’s names to try to get around the Anti-Graft and Corrupt Practices Act. Ombudsman has long known how to go about exposing the fiction and the Sandiganbayan has convicted too many who had resorted to the ruse.

Hence it appears unbelievable that Chief Justice Renato Corona would engage in so sophomoric an exercise in hiding his alleged unexplained wealth. But that’s what the prosecution says and it appears to be succeeding in presenting evidence that show more assets than listed in Corona’s declared statement of assets and liabilities.

The defense, of course, will have its day in court and Corona’s counsels say there’s a perfectly reasonable explanation for the assets titled to the children. The children, after all, might have had enough income to buy the properties, whether directly for their account or indirectly through the parents. If they don’t have any means of income commensurate to the accumulated assets, then Corona’s goose is cooked.

We will know soon enough as the impeachment trial proceeds to its conclusion.

On another front in the war against graft, former First Gentleman Mike Arroyo has told the Ombudsman he could not possibly have had a hand in the sale of two used helicopters for the price of brand new to thePhilippine National Police because he had long sold his share in the LTA family corporation, the original buyer/owner of the aircraft.

That may well be so – that is, Mike Arroyo has divested – but the testimony received during the hearing of the Senate blue ribbon committee was that LTA sold the helicopters to another company whose owner said he was instructed by Arroyo to sell the units to the PNP for the price of brand new. The seller said he gave the proceeds of the sale to Arroyo, keeping a commission for himself.

Will the Ombudsman buy Arroyo’s defense? Again, we will see soon enough.

Putting assets in children’s names or invoking divestment of shares of stocks are now considered automatic triggers of suspicions of corrupt transactions. If that’s a form of a fishing expedition, the fish must be huge indeed.

PH share in tourism in Asia Pacific is 1.1%

2012-01-27T14:45:00.002+07:00

BY GENIVI FACTAO

PASSENGER transport and international tourist arrivals in Asia-Pacific reached in 2010 a historic high of 204 million, which were 20 million higher than in 2008, with Asia as the world’s strongest-growing region inthe past two years.

Receipts grew 13 percent in real terms to $243 billion in Asia Pacific. The Philippines’ share in the $243 billion receipts of Asia Pacific in 2010 was 1.1 percentof the total. The 3.5 million tourist arrivals in the Philippines translate to a market share of 1.7 percent in the Asia Pacific.

It took the Philippines six years from 2005 to 2010 to attract 18.233 million tourists, or an average of 3 million a year.

They spent $15.102 billion with each of them leaving in the Philippines slightly more than $80 million during each tourist stay in the country, according to figures of the Department of Tourism (DOT).

Tourist arrivals appear erratic although in 2010, there was an increase of more than 400,000 warm bodies.

However, the expenditures during their stay, which the tourism department did not say how long, do not show any remarkable increase in spite of the appreciation of the peso from P53.06 in 2005 to P43.88 to the dollar in 2010.

Theoretically, there would have been a modest increase in 2010 because the tourists were getting P9 less to the dollar as a result of the appreciation.

The expenditures clearly suggest that the tourists spent more on air fare or ship than on shopping in the Philippines.

Sources in the tourism business say that the foreign visitors that the country is getting are not the spendthrift type. They are mostly Asians from South Korea and Japan.

The country’s revenues from tourism have been erratic from 2005 to 2010, although there was a modest increase in receipts, but this was mainly a function ofthe bigger number of warm foreign bodies who came to visit the Philippines.

Tourism Assistant Secretary Domingo Ramon Enerio III reported that in 2010, tourist receipts reached $2.49 billion, 11.37 percent higher than $2.235 billion in 2009.

Expenditures averaged more than $80 a day. They stayed at an average length of 8.83 days, according Tourism Secretary Ramon Jimenez who projected that last year’s arrivals could easily reach 3.8 million or 300,000 more than the previous year.

People in the tourism business who are mostly members of the Philippine Travel Agencies Association (PTAA) expect that tourist receipts would reach $2.52 billion by the end of 2011.

Though revenues showed increases since 2009, thefigure was lower compared with the pre-crisis level of$2.957 billion in 2007. Tourist arrivals at that time were at 3.091 million, lower compared with 2010’s 3.52 million.

Year 2010 posted a modest growth compared from 2005 when tourists spent $2.236 billion visiting attractions or shopping or both. The bulk of the expenditures, however, might have been spent in five-star or lower category hotels.

The World Tourism Organization (UNWTO) reported that revenues from world tourism totaled $1 trillion in 2010 or about $3 billion per day for inbound tourism.

Data from the DOT show growth in hotel occupancy rate for economy, standard and deluxe with 5.94 percent, 28.43 percent and 57.08 percent respectively in Metro Manila from January to November 2011 compared with the same period in 2010 of 4.92 percent (economy), 28.02 percent (standard) and 55.06 percent (deluxe).

Occupancy rates for first-class hotel rooms declined to 8.55 percent from 12 percent in 2010.

The number of hotels was fewer, 79 in 2009 compared with 83 in 2010.

Last year, deluxe rooms were placed at 8,887, up 6.52 percent from 8,343 in 2010. First-class rooms were at 1,331; standard rooms at 4,426 and economy at 925.

The total room demand in the Northern Philippines for 2012 is pegged at 42,225 as against the present capacity of 40,639 or just about half of rooms available.

In Central Philippines, there is overcapacity with supply reaching 53,599 as against the demand of 38,853.

It noted a lack of accommodations in Southern Philippines, with only 9,465 as against the demand of 13,158 rooms.

Based on the National Tourism Development Plan (NTDP) for 2011-2016, the length of stay of tourists is expected to be shorter as share of regional international arrivals increases.

The average expenditure per day will also be under pressure as the volume of group-based tourism increases. Under the group system, part of the expenditures is prepaid at the source.

Enerio said the countries with the most number oflong staying visitors in 2010 were in North Asia suchas China, Taiwan and South Korea; Northern America, where most of the overseas Filipinos and balikbayan come from; Europe which includes the United Kingdom, France, Italy, Germany and others, based on the DOT visitors survey.

By age group, most of the tourists were 25-54 years, which comprised almost 65 percent of the total.

Visitors come for the purpose of tourism, 69 percent; honeymoon, 2 percent; visiting family and friends, 6 percent; business trip 12 percent; training/inspection trips 2 percent; conference/ attendance 2 percent; overseas study 1 percent; other 4 percent no answer 2 percent.

The Management Association of the Philippines (MAP) said it is projected that 100 million Chinese will be traveling throughout Asia by the year 2015.

"The Philippines should be able to attract 10 million ofthese travelers to our shores. China is virtually landlocked and our tropical weather and beaches are natural attractions. This Chinese market is known also to respond positively to gaming, good food, shopping," the group said.

The Secret Document That Transformed China

2012-01-27T11:02:00.000+07:00

by David Kestenbaum and Jacob Goldstein
January 20, 2012

In 1978, the farmers in a small Chinese village called Xiaogang gathered in a mud hut to sign a secret contract. They thought it might get them executed. Instead, it wound up transforming China's economy in ways that are still reverberating today.

The contract was so risky — and such a big deal — because it was created at the height of communism in China. Everyone worked on the village's collective farm; there was no personal property.

"Back then, even one straw belonged to the group," says Yen Jingchang, who was a farmer in Xiaogang in 1978. "No one owned anything."

At one meeting with communist party officials, a farmer asked: "What about the teeth in my head? Do I own those?" Answer: No. Your teeth belong to the collective.

In theory, the government would take what the collective grew, and would also distribute food to each family. There was no incentive to work hard — to go out to the fields early, to put in extra effort, Yen Jingchang says.

"Work hard, don't work hard — everyone gets the same," he says. "So people don't want to work." In Xiaogang there was never enough food, and the farmers often had to go to other villages to beg. Their children were going hungry. They were desperate.

So, in the winter of 1978, after another terrible harvest, they came up with an idea: Rather than farm as a collective, each family would get to farm its own plot of land. If a family grew a lot of food, that family could keep some of the harvest.

This is an old idea, of course. But in communist China of 1978, it was so dangerous that the farmers had to gather in secret to discuss it.

One evening, they snuck in one by one to a farmer's home. Like all of the houses in the village, it had dirt floors, mud walls and a straw roof. No plumbing, no electricity.

"Most people said 'Yes, we want do it,' " says Yen Hongchang, another farmer who was there. "But there were others who said 'I dont think this will work — this is like high voltage wire.' Back then, farmers had never seen electricity, but they'd heard about it. They knew if you touched it, you would die."

Despite the risks, they decided they had to try this experiment — and to write it down as a formal contract, so everyone would be bound to it. By the light of an oil lamp, Yen Hongchang wrote out the contract. The farmers agreed to divide up the land among the families. Each family agreed to turn over some of what they grew to the government, and to the collective. And, crucially, the farmers agreed that families that grew enough food would get to keep some for themselves.

The contract also recognized the risks the farmers were taking. If any of the farmers were sent to prison or executed, it said, the others in the group would care for their children until age 18.

The farmers tried to keep the contract secret — Yen Hongchang hid it inside a piece of bamboo in the roof of his house — but when they returned to the fields, everything was different.

Before the contract, the farmers would drag themselves out into the field only when the village whistle blew, marking the start of the work day. After the contract, the families went out before dawn. "We all secretly competed," says Yen Jingchang. "Everyone wanted to produce more than the next person."

It was the same land, the same tools and the same people. Yet just by changing the economic rules — by saying, you get to keep some of what you grow — everything changed. At the end of the season, they had an enormous harvest: more, Yen Hongchang says, than in the previous five years combined.

That huge harvest gave them away. Local officials figured out that the farmers had divided up the land, and word of what had happened in Xiaogang made its way up the Communist Party chain of command.

At one point, Yen Hongchang was hauled in to the local Communist Party office. The officials swore at him, treated him like he was on death row.

But fortunately for Mr. Yen and the other farmers, at this moment in history, there were powerful people in the Communist Party who wanted to change China's economy. Deng Xiaoping, the Chinese leader who would go on to create China's modern economy, was just coming to power.

So instead of executing the Xiaogang farmers, the Chinese leaders ultimately decided to hold them up as a model. Within a few years, farms all over China adopted the principles in that secret document. People could own what they grew. The government launched other economic reforms, and China's economy started to grow like crazy. Since 1978, something like 500 million people have risen out of poverty in China. Today, the Chinese government is clearly proud of what happened in Xiaogang. That contract is now in a museum. And the village has become this origin story that kids in China learn about in school. But the rest of the story for the original Xiaogang farmers is more ambiguous.

Our first day in Xiaogang, we asked to talk to Yen Hongchang, the farmer who actually wrote the contract. The local Communist Party officials told us he was out of town. It turns out that wasn't true: We went back to Xiaogang the next day and tracked Yen Hongchang down. He told us he had been in town the day before.

Yen Hongchang told us he started a couple businesses over the years, but the local communist party took them away once they became profitable. He also said that the new new factories springing up around Xiaogang these days are largely empty, and haven't created many jobs. Local officials say none of this is true. They say everything in Xiaogang is going great.

The Great Poverty Divide

2012-01-27T07:06:00.000+07:00

Fr. Shay's columns are published in The Manila Times,

in publications in Ireland, the UK, Hong Kong, and on-line.

http://www.preda.org/en/news/fr-shays-articles/the-great-poverty-divide/

Manuel a semi-illiterate teenager just rescued from the filthy jails of Metro Manila was longing to see his parents and family. He told us that they had no home and lived on the street. They had a food stall near Baclaran Church and lived there under a plastic sheet. They eked out a living selling bananas cooked in recycled vegetable oil and brown sugar to the church goers at the weekly novena and daily masses.

Both rich and poor filled the Wednesday novena prayers. The poor being the vast majority were begging divine help to find enough food for their families and medicines for their sick and the irresponsible and unrepentant rich praying for forgiveness and donating coins for a ticket to heaven. Alas that's the great divide; the poor trying to live for a few days more, the rich trying to live forever.

Blessed are the responsible well off rich people, the Zacchaeus people of this world who are enlightened and see the social and human reality and are determined to use their influence and resources to change it for the better. They are agents of change and have compassion for the poor, exploited and the abused, and they dedicate their talents, wealth and efforts to change this unjust divide between the haves and have not. But it’s not an easy task. In Davos, Switzerland the world leaders have lost their way. Greed and excess has damaged the world economy and they can't fix it.

Trying to make this a more honest, loving and compassionate world where equality and justice reigns is the true and goal of Christianity. When Jesus of Nazareth proclaimed that it was coming, the corrupt rich elite called him a blasphemer and a rebel, a danger to the nation and to their elite status and tortured him and handed down the death penalty in cruelest way possible. Today around the world, human rights advocates and those committed social workers dedicated to helping the victims of abuse and hardship, work to bring about a just society based on democracy and greater equality. They are vilified and condemned, tortured and killed. Yet more heroes rise up to take their place and carry on the mission.

The irresponsible rich and their deluded followers call such heroic striving for spiritual and social transformation class warfare, Jesus called it the road to the Kingdom of God where the poorest and their supporters would live in dignity and be the most blessed instead of being the most despised and cursed.

In the Philippines there is much to be done to reduce hunger and poverty. In a recent survey made in December 2011, 45 % of those surveyed said they were poor, that's an improvement from the previous year when 52% said they were poor. Another 36% of those surveyed said they experienced hunger. The Philippine situation still remains “serious” according to the Global hunger index.

Back at the Parañaque jail a group of visiting German Parliamentarians from the Economic Cooperation and Development Committee led by the dedicated human rights defender chairperson Dagmar Wohri saw the worst of all. They were visiting the jails and witnessing the over crowded cells of hungry inmates, minors among them so symbolic of the condition of the urban poor squeezed into shacks and shanties and living on scraps and recycled left-over.

The committee will be reviewing their assessment of the Philippines as a semi-developed middle-income country as some agencies rate it and will hopefully deliver development aid in a way that directly impacts the lives of the poor.

There is hope that justice will emerge. The government of President Aquino is fighting corruption and social welfare secretary Corazon "Dinky" Juliano-Soliman is delivering poverty reduction programs through conditional cash transfers. Cash transfers will ease the hunger for a while and will get more children vaccinated and into school, they will not change the deeply rooted causes of poverty and hunger in the Philippines. That's due to the structural inequality in society where the 1% of the 96 million people owns 70% of the wealth. That calls for government reform and a just redistribution of wealth in such a way that the poor will develop through equal opportunity into a strong dignified middle class. But first human and civil rights must be top priority.

CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

2012-01-26T22:24:00.002+07:00

From his own mouth:
CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

January 24, 2012 · 240 Comments

Read his formula for computing corruption

My exclusive

By Raïssa Robles

Prosecutors in the impeachment trial might not know they have a document they can refer to when they present ITRs and SALNs as evidence. It’s a document written by someone who happens to be named Renato C. Corona.

The document is Chief Justice Corona’s landmark decision on July 15, 2003 turning over the Marcoses’ loot stashed in Swiss banks to the Philippine government.

In that document, CJ Corona made some interesting points:

He said the burden of proof lies with the person being accused of having amassed such wealth.
He also said the court should disregard technicalities thrown by the defendant’s side.
And he said it was enough to compare a respondent’s SALNs (Statement of Assets, Liabilities and Net Worth) and ITRs (Income Tax Return) with the wealth in question to determine the latter’s illegal origin. If disclosed income and assets were far less than the questioned wealth, then the latter is ill-gotten.

CJ Corona showed how to connect the dots using the SALN and the ITR in his ruling entitled Republic of the Philippines vs. the Sandiganbayan and Ferdinand Marcos, as represented by his heirs: his wife Imelda and their children Senator Ferdinand “Bongbong” Marcos, Jr., Governor Imee Marcos, and Irene Marcos-Araneta.

Supreme Court Chief Justice Renato Corona wrote how to compute for corruption in his landmark decision on the Marcoses' ill gotten wealth case. In this 2011 photo, CJ Corona sits beside Senator Bongbong Marcos

In his very exhaustive ruling on this civil forfeiture case, CJ Corona concretely showed:

How to use SALNs and ITRs to compute for the total assets of the respondent
Then how to determine the amount of alleged ill-gotten wealth in comparison to the defendant’s total assets

About the three things that struck me about CJ Corona’s ruling that could prove relevant to his ongoing impeachment trial:

First, CJ Corona had this to say about technicalities that simply delayed the trial. He wrote:

A litigation is not a game of technicalities in which one, more deeply schooled and skilled in the subtle art of movement and position, entraps and destroys the other. It is rather a contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure, asks that justice be done upon the merits. Lawsuits, unlike duels, are not to be won by a rapier’s thrust.

Second, CJ Corona laid down the law insofar as proving what constitutes ill-gotten wealth. He wrote:

Section 2 of RA 1379 explicitly states that “whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. x x x”
The elements which must concur for this prima facie presumption to apply are:
(1) the offender is a public officer or employee;
(2)he must have acquired a considerable amount of money or property during his incumbency; and
(3)said amount is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property.

And third, while adhering to the constitutional right of any accused to be presumed innocent, CJ Corona placed the burden of proof, not on the prosecution but on the accused. In other words, it is the person being accused who has to prove he or she has no ill-gotten wealth.

Thus, CJ Corona wrote that the defendant must deny each allegation:

In their answer, respondents failed to specifically deny each and every allegation contained in the petition for forfeiture in the manner required by the rules. All they gave were stock answers like “they have no sufficient knowledge” or “they could not recall because it happened a long time ago,” and, as to Mrs. Marcos, “the funds were lawfully acquired,” without stating the basis of such assertions.
Section 10, Rule 8 of the 1997 Rules of Civil Procedure, provides:
A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial.[28]
The purpose of requiring respondents to make a specific denial is to make them disclose facts which will disprove the allegations of petitioner at the trial, together with the matters they rely upon in support of such denial. Our jurisdiction adheres to this rule to avoid and prevent unnecessary expenses and waste of time by compelling both parties to lay their cards on the table, thus reducing the controversy to its true terms. As explained in Alonso vs. Villamor,[29]

CJ Corona also wrote that a defendant should be required to state the ultimate facts surrounding the law, manner or mode of acquisition of the subject funds:

On the part of Mrs. Marcos, she claimed that the funds were lawfully acquired. However, she failed to particularly state the ultimate facts surrounding the lawful manner or mode of acquisition of the subject funds. Simply put, she merely stated in her answer with the other respondents that the funds were “lawfully acquired” without detailing how exactly these funds were supposedly acquired legally by them. Even in this case before us, her assertion that the funds were lawfully acquired remains bare and unaccompanied by any factual support which can prove, by the presentation of evidence at a hearing, that indeed the funds were acquired legitimately by the Marcos family.
Respondents’ denials in their answer at the Sandiganbayan were based on their alleged lack of knowledge or information sufficient to form a belief as to the truth of the allegations of the petition.
It is true that one of the modes of specific denial under the rules is a denial through a statement that the defendant is without knowledge or information sufficient to form a belief as to the truth of the material averment in the complaint. The question, however, is whether the kind of denial in respondents’ answer qualifies as the specific denial called for by the rules. We do not think so. In Morales vs. Court of Appeals,[30] this Court ruled that if an allegation directly and specifically charges a party with having done, performed or committed a particular act which the latter did not in fact do, perform or commit, a categorical and express denial must be made.
Here, despite the serious and specific allegations against them, the Marcoses responded by simply saying that they had no knowledge or information sufficient to form a belief as to the truth of such allegations. Such a general, self-serving claim of ignorance of the facts alleged in the petition for forfeiture was insufficient to raise an issue. Respondent Marcoses should have positively stated how it was that they were supposedly ignorant of the facts alleged.[31]

In addition, CJ Corona wrote that pleading memory lapse is not an adequate defense for respondents:

Since 1991, when the petition for forfeiture was first filed, up to the present, all respondents (Cong. Imelda, Gov. Imee and Sen. Bongbong) have offered are foxy responses like “lack of sufficient knowledge or lack of privity” or “they cannot recall because it happened a long time ago” or, as to Mrs. Marcos, “the funds were lawfully acquired.” But, whenever it suits them, they also claim ownership of 90% of the funds and allege that only 10% belongs to the Marcos estate. It has been an incredible charade from beginning to end.

CJ Corona’s formula for computing corruption

As I said at the beginning, CJ Corona – in this ruling – gave the formula for proving ill-gotten wealth.

Here’s how he arrived at his conclusion that the Marcoses amassed loot, without the court having to determine how they did it.

CJ Corona wrote:

That spouses Ferdinand and Imelda Marcos were public officials during the time material to the instant case was never in dispute. Paragraph 4 of respondent Marcoses’ answer categorically admitted the allegations in paragraph 4 of the petition for forfeiture as to the personal circumstances of Ferdinand E. Marcos as a public official who served without interruption as Congressman, Senator, Senate President and President of the Republic of the Philippines from December 1, 1965 to February 25, 1986.[77] Likewise, respondents admitted in their answer the contents of paragraph 5 of the petition as to the personal circumstances of Imelda R. Marcos who once served as a member of the Interim Batasang Pambansa from 1978 to 1984 and as Metro Manila Governor, concurrently Minister of Human Settlements, from June 1976 to February 1986.[78]
Respondent Mrs. Marcos also admitted in paragraph 10 of her answer the allegations of paragraph 11 of the petition for forfeiture which referred to the accumulated salaries of respondents Ferdinand E. Marcos and Imelda R. Marcos.[79] The combined accumulated salaries of the Marcos couple were reflected in the Certification dated May 27, 1986 issued by then Minister of Budget and Management Alberto Romulo.[80] The Certification showed that, from 1966 to 1985, Ferdinand E. Marcos and Imelda R. Marcos had accumulated salaries in the amount of P1,570,000 and P718,750, respectively, or a total of P2,288,750:
Ferdinand E. Marcos, as President
1966-1976 at P60,000/year P660,000
1977-1984 at P100,000/year P800,000
1985 at P110,000/year 110,000
P1,570,000
Imelda R. Marcos, as Minister
June 1976-1985 at P75,000/year – P718,000
In addition to their accumulated salaries from 1966 to 1985 are the Marcos couple’s combined salaries from January to February 1986 in the amount of P30,833.33. Hence, their total accumulated salaries amounted to P2,319,583.33. Converted to U.S. dollars on the basis of the corresponding peso-dollar exchange rates prevailing during the applicable period when said salaries were received, the total amount had an equivalent value of $304,372.43.
The dollar equivalent was arrived at by using the official annual rates of exchange of the Philippine peso and the US dollar from 1965 to 1985 as well as the official monthly rates of exchange in January and February 1986 issued by the Center for Statistical Information of the Bangko Sentral ng Pilipinas.

Use of Statement of Assets and Liabilities

CJ Corona wrote:

The sum of $304,372.43 should be held as the only known lawful income of respondents since they did not file any Statement of Assets and Liabilities (SAL), as required by law, from which their net worth could be determined. Besides, under the 1935 Constitution, Ferdinand E. Marcos as President could not receive “any other emolument from the Government or any of its subdivisions and instrumentalities”.[84] Likewise, under the 1973 Constitution, Ferdinand E. Marcos as President could “not receive during his tenure any other emolument from the Government or any other source.”[85] In fact, his management of businesses, like the administration of foundations to accumulate funds, was expressly prohibited under the 1973 Constitution:

CJ Corona demonstrated a mastery of financial analysis

[NOTE: those in boldface are mine]:

To back up his conclusion that the Marcoses accumulated assets worth $304,372.43, CJ Corona dissected President Ferdinand Marcos’ financial status.

He wrote:

11. At the outset, however, it must be pointed out that based on the Official Report of the Minister of Budget, the total salaries of former President Marcos as President form 1966 to 1976 was P60,000 a year and from 1977 to 1985, P100,000 a year; while that of the former First Lady, Imelda R. Marcos, as Minister of Human Settlements from June 1976 to February 22-25, 1986 was P75,000 a year xxx.
ANALYSIS OF RESPONDENTS LEGITIMATE INCOME
x x x
12. Based on available documents, the ITRs of the Marcoses for the years 1965-1975 were filed under Tax Identification No. 1365-055-1. For the years 1976 until 1984, the returns were filed under Tax Identification No. M 6221-J 1117-A-9.
13. The data contained in the ITRs and Balance Sheet filed by the “Marcoses are summarized and attached to the reports in the following schedules:
Schedule A:
Schedule of Income (Annex “T” hereof);
Schedule B:
Schedule of Income Tax Paid (Annex “T-1” hereof);
Schedule C:
Schedule of Net Disposable Income (Annex “T-2” hereof);
Schedule D:
Schedule of Networth Analysis (Annex “T-3” hereof).
14. As summarized in Schedule A (Annex “T” hereof), the Marcoses reported P16,408,442.00 or US$2,414,484.91 in total income over a period of 20 years from 1965 to 1984. The sources of income are as follows:
Official Salaries – P2,627,581.00 – 16.01%
Legal Practice – 11,109,836.00 – 67.71%
Farm Income – 149,700.00 – .91%
Others – 2,521,325.00 -15.37%
Total P16,408,442.00 -100.00%
15. FM’s official salary pertains to his compensation as Senate President in 1965 in the amount of P15,935.00 and P1,420,000.00 as President of the Philippines during the period 1966 until 1984. On the other hand, Imelda reported salaries and allowances only for the years 1979 to 1984 in the amount of P1,191,646.00. The records indicate that the reported income came from her salary from the Ministry of Human Settlements and allowances from Food Terminal, Inc., National Home Mortgage Finance Corporation, National Food Authority Council, Light Rail Transit Authority and Home Development Mutual Fund.
16. Of the P11,109,836.00 in reported income from legal practice, the amount of P10,649,836.00 or 96% represents “receivables from prior years” during the period 1967 up to 1984.
17. In the guise of reporting income using the cash method under Section 38 of the National Internal Revenue Code, FM made it appear that he had an extremely profitable legal practice before he became a President (FM being barred by law from practicing his law profession during his entire presidency) and that, incredibly, he was still receiving payments almost 20 years after. The only problem is that in his Balance Sheet attached to his 1965 ITR immediately preceeding his ascendancy to the presidency he did not show any Receivables from client at all, much less the P10,65-M that he decided to later recognize as income. There are no documents showing any withholding tax certificates. Likewise, there is nothing on record that will show any known Marcos client as he has no known law office. As previously stated, his networth was a mere P120,000.00 in December, 1965. The joint income tax returns of FM and Imelda cannot, therefore, conceal the skeletons of their kleptocracy.
18. FM reported a total of P2,521,325.00 as Other Income for the years 1972 up to 1976 which he referred to in his return as “Miscellaneous Items” and “Various Corporations.” There is no indication of any payor of the dividends or earnings.
19. Spouses Ferdinand and Imelda did not declare any income from any deposits and placements which are subject to a 5% withholding tax. The Bureau of Internal Revenue attested that after a diligent search of pertinent records on file with the Records Division, they did not find any records involving the tax transactions of spouses Ferdinand and Imelda in Revenue Region No. 1, Baguio City, Revenue Region No.4A, Manila, Revenue Region No. 4B1, Quezon City and Revenue No. 8, Tacloban, Leyte. Likewise, the Office of the Revenue Collector of Batac. Further, BIR attested that no records were found on any filing of capital gains tax return involving spouses FM and Imelda covering the years 1960 to 1965.
20. In Schedule B, the taxable reported income over the twenty-year period was P14,463,595.00 which represents 88% of the gross income. The Marcoses paid income taxes totaling P8,233,296.00 or US$1,220,667.59. The business expenses in the amount of P861,748.00 represent expenses incurred for subscription, postage, stationeries and contributions while the other deductions in the amount of P567,097.00 represents interest charges, medicare fees, taxes and licenses. The total deductions in the amount of P1,994,845.00 represents 12% of the total gross income.
21. In Schedule C, the net cumulative disposable incomeamounts to P6,756,301.00 or US$980,709.77. This is the amount that represents that portion of the Marcoses income that is free for consumption, savings and investments. The amount is arrived at by adding back to the net income after tax the personal and additional exemptions for the years 1965-1984, as well as the tax-exempt salary of the President for the years 1966 until 1972.
22. Finally, the networth analysis in Schedule D, represents the total accumulated networth of spouses, Ferdinand and Imelda. Respondent’s Balance Sheet attached to their 1965 ITR, covering the year immediately preceding their ascendancy to the presidency, indicates an ending networth of P120,000.00 which FM declared as Library and Miscellaneous assets. In computing for the networth, the income approach was utilized. Under this approach, the beginning capital is increased or decreased, as the case may be, depending upon the income earned or loss incurred. Computations establish the total networth of spouses Ferdinand and Imelda, for the years 1965 until 1984 in the total amount of US$957,487.75, assuming the income from legal practice is real and valid x x x.

Thus, CJ Corona concluded that the Marcoses’ Net Worth was US$957,487.75 or under ONE MILLION DOLLARS. He then compared this amount to the US$356 million secreted by the Marcoses in five foundations which maintained various Swiss accounts.

CJ Corona wrote:

53. All the five (5) group accounts (maintained by Marcos foundations) in the over-all flow chart have a total balance of about Three Hundred Fifty Six Million Dollars ($356,000,000.00) as shown by Annex “R-5” hereto attached as integral part hereof.
Otherwise stated, petitioner presented enough evidence to convince us that the Marcoses had dollar deposits amounting to US $356 million representing the balance of the Swiss accounts of the five foundations, an amount way, way beyond their aggregate legitimate income of only US$304,372.43 during their incumbency as government officials.

Because of all these, CJ Corona ruled that -

In the face of undeniable circumstances and the avalanche of documentary evidence against them, respondent Marcoses failed to justify the lawful nature of their acquisition of the said assets. Hence, the Swiss deposits should be considered ill-gotten wealth and forfeited in favor of the State in accordance with Section 6 of RA 1379…

You can read CJ Corona’s entire landmark ruling by clicking here.

___________________________

Mendiola Massacre: Survivor recounts horror 25 years later

2012-01-26T19:11:00.003+07:00

CARMELA LAPEÑA and VERONICA PULUMBARIT, GMA News January 19, 2012 2:00pm

Shot between the eyes and declared brain dead, Bong Manlulu was not expected to come out alive from the Mendiola Massacre on January 22, 1987.

Then only 18 years old, Bong was among some 20,000 marchers who headed to Malacañang Palace, demanding distribution of lands to farmers and zero retention of estates by landowners. They were stopped at Mendiola Bridge.

The one sitting in Malacañang at that time was the late President Corazon "Cory" Aquino, mother of the incumbent President Benigno Simeon "Noynoy" Aquino III.

Bong, now 43, said he was a student of the University of the Philippines in Los Baños (UPLB) when he joined Southern Luzon activists in going to Mendiola, where rallyists from different parts of the country were calling for "genuine land reform."

Bong Manlulu was an 18-year-old UPLB student when he was shot between the eyes during the Mendiola Massacre on January 22, 1987. Riz Pulumbarit

Upon reaching Mendiola Bridge, however, the shocking happened. Government forces suddenly fired without warning at the marchers. Panic ensued and the marchers fled, scrambling to escape the bridge, a bloody sea of tattered streamers.

Bong, then an officer of the activist group Bagong Alyansang Makabayan (Bayan) recalled, "We hadn't even stepped on the bridge when there was a first round of gunfire that was directed at the rallyists."

"Everybody ducked and the command was to stay down, and the idea was for our national leaders in Bayan, the likes of Jimmy Tadeo, to negotiate and allow us to move forward to Malacañang Palace," he said.

Bong said there was confusion everywhere. "It was true, like in the cartoons, that you would see bullets flying above your head and hitting people randomly," he said.

Suddenly, there was another round of gunfire and although he was quick to duck, he saw his classmate standing.

"She was crying and was so frantic. Turning my head to the left I saw the policeman or the military aiming the sidearm toward her so I was able to shout, "Dapa! Dapa! Atras! Atras!" Bong said.

Suddenly, the man who was about to shoot Bong's classmate moved his gun and aimed at Bong instead.

"I saw the policeman aim the gun at me instead and he shot me. I was stunned. I didn't know what to do. But I felt that I was hit. Because suddenly it was so sticky and the blood running down my face was so warm," he said.

He was shot near his left eye, but at the time he did not know where the blood was coming from.

"You know the feeling of getting burned by a cigarette? Initially it's so painful, but suddenly it becomes numb. That's how I felt," Bong recalled.

After being shot, Bong fell on the pavement and was stepped on by about a hundred people who were trying to escape from the carnage.

"I wanted to move, but I could not move. A hundred people walked over me. Mas masakit iyon. The stampede is more painful than the gunshot. When I was brought to the hospital, it seemed that I had elephantiasis. Magang-maga yung buong katawan ko because of the number of people that stepped on me," Bong said.

Bong was grateful that two fishball vendors and two farmers helped bring him to the hospital. Being a tall guy, over six feet in height, Bong was too heavy for them to carry. They decided to put him on top of a fishball cart to bring him to the hospital.

"While they were pushing me on the fishball cart, I could see rallyists being hit by the police, teargas, being given a water cannon treatment. It was chaos all over. They were running inside restaurants, hiding in the eskinitas of Recto, so just to escape the wrath of these policemen and military people," Bong said.

Unfortunately, the two farmers who helped him were also shot and Bong has no idea if they survived.

"I was one of the lucky ones who survived. What I heard is that of the five who were brought to FEU hospital who were critically injured, I was the lucky person who gets to be alive and the four of them died," Bong said.

Bong was in the hospital for four months. At one point, he was declared clinically dead, but his family refused to cut his life support system.

"I was able to see myself on top while they were operating on me, but I never saw a white light of sorts, but there was this feeling that a certain part of my body will fall in a bottomless pit. Naghihiwahiwalay yung body ko, but I am still alive right now. Thank God," he said.13 farmers killed

The 13 farmers who were killed in the Mendiola Massacre were: Adelfa Aribe, Danilo Arjona, Ronilo Domanico, Dante Evangelio, Bernabe Laquindanum, Roberto Yumul, Leopoldo Alonzo, Dionisio Bautista, Roberto Caylao, Sonny Boy Perez, Vicente Campomanes, Angelito Gutierrez, and Rodrigo Grampan.

Bong, not a stranger to rallies, did not expect that the rally at Mendiola 25 years ago would turnbloody.

Bong said at that time, "a year after the toppling of the Marcos dictatorship, the political situation then was what you call a populist democracy where people have freedom of discussing things, political ideologues and standpoints on certain issues."

"The university (UPLB) was really alive with so many not only of students’ issues...basically anything that confronts or affects the entire nation," he added.

He said the call of the time then was for the passage of the Comprehensive Agrarian Reform Law (CARL).

"You must be aware of our situation at UPLB. Being a state university in a province like Laguna, we are close to the realities of the country. A jeepney ride away and you will be with farmers’ communities, both lowland and upland communities, another ride away and you will be in the industrial belt of Laguna," he said.

"So, people surrounding the university are aware that they have a sanctuary or an ally in the form of the students of the university. The university is really a marketplace of ideas where all kinds of issues confronting not only the students but the entire country are really being discussed and are really being something that is championed among students," he added.

Bong related that during the four months he was recovering in the hospital, he managed to organize some nurses, who would volunteer their first aid services whenever rallies would be held in Mendiola. They were eventually assimilated in the Medical Action Group, a progressive alliance of medical practitioners.

After being released from the hospital, Bong returned to UPLB, where there was an indignation rally cum welcome party.

"Left and right, people, students, community, were there to welcome me. I felt like Sharon Cuneta. It was a good feeling because aside from a personal affirmation, I think by the presence of the people it would be an indicator that they are informed and that they are aware of what is happening in our society," Bong said.

Bong graduated in 1991 with a degree in Sociology. He is now a Human Resource consultant for multinational firms, where he continues to champion causes that are close to his heart.

"My role as an HR person is to make sure that there is a balance between workers' welfare and capitalist or owners' profitability. A very hot issue there is equal opportunity in the workplace, where men and women are given the same opportunities and equal benefits and equal rights," Bong said.

This coming March, he will head to Cambodia to participate in a regional study and capacity building of leading HR and gender workers.

Not much has changed

On the issue of land reform, Bong noted that little has changed.

"The problems we had 25 years ago are still the same problems we have at this point in time. We still have a lot of farmers who haven't received what is due them. There's still Hacienda Luisita to be distributed to the farmers and a lot of other lands that are still in the hands of the big landlords that we have," he said.

"They're still under appeal for reconsideration. They have the money, they can fight legally all these laws as they have been doing for the last 25 years. Especially now that PNoy is president the way they get to pressure the removal of the Supreme Court Justice then I don't think there would be substantial actions that would be made on that particular SC decision,"he added.

He lamented that "there have not been any substantial change in the way we get to do our elections and our rights to suffrage. Actors, boxers, popular people are still being elected as officials and as long as we don't learn how to vote properly I don't think there would be substantial changes also in the political landscape."

On January 22, Bong will return to Mendiola to remember the 25th year since the massacre happened. He said he is no longer the same person but given the chance he would do it over and over again.

"I'm a better person now. The things I've learned when I was actively part of the movement, it became easy for me to talk to people. I have a sharper mind to analyze issues and concerns. I always think of how I can contribute to the betterment of society," Bong said.

"I'd just like to say that whatever we were calling for 25 years ago are still the very basic issues and concerns we have today. I would always tell myself when I was young, kung hindi tayo kikilos, sino? Kung hindi ngayon, kailan? Twenty-five years have passed," he said.

Bong said he has not yet given up on the Philippines.

"My family has already given up. I'm the only one left in the Philippines. My folks, my brothers and sisters are all abroad. I'm still here. I will leave the country if Manny Pacquiao becomes president. That's the last hair that will break the camel's back. There will be times that you get to give up but you just look around and you will see that hope for the motherland would always be there," Bong said.

"There's a certain uniqueness that we have in the country. One of the best things the Filipino people have is our ability to come up with something nice out of adversities and negative situations," he added.

Bong thinks the new Department of Tourism slogan "It's More Fun in the Philippines" is appropriate for the country.

"More fun, because we choose to be fun. We choose not to be drowned by our misery and our situation, and really go around the world and you'll see Filipinos in the most desolate and destitute places, striving to make a living for their families back home and that's fun, that's the meaning of being Filipino. We are not limited by our weaknesses and our situation but we rise beyond that," he said. - HS, GMA News

http://images.gmanews.tv/downloads/slideshow/index.htm?mendiola-massacre

Mendiola Massacre

Fully armed security forces pursue fleeing protesters. Luis Liwanag
Mendiola Massacre
Protesters help a wounded activist who had been hit during the violent dispersal. Luis Liwanag
Mendiola Massacre
Peasant activists help a wounded protester near the corner of Legarda Street. Luis Liwanag
Mendiola Massacre
A protester lies in a pool of blood. Luis Liwanag

Mendiola Massacre
It was an incident that would also wound the Cory Aquino presidency. Luis Liwanag
Mendiola Massacre
A man calls for help as the lifeless bodies of two protesters lay sprawled on the pavement while a photographer takes a quick glance at the dead. Luis Liwanag
Mendiola Massacre
Protesters point to the lifeless body of an activist who was shot in front of the Webster bookstore along C.M. Recto Avenue. Luis Liwanag
Mendiola Massacre
Protesters try in vain to revive a dead comrade who was shot in front of the Webster bookstore on C.M. Recto Avenue. Luis Liwanag
Mendiola Massacre
After the carnage, heavily armed constabulary troopers alight from their jeep to secure the Mendiola area. Luis Liwanag
Mendiola Massacre
A wounded protester is laid on the hood of a press vehicle to be rushed to a nearby hospital. Luis Liwanag
Mendiola Massacre
Photographers Alex Nueva España, Derek Soriano, Ramon Acasio, and Claro Cortes III carry a wounded protester to a nearby press vehicle that will take the victim to a hospital. Luis Liwanag

http://en.wikipilipinas.org/index.php?title=Image: MendiolaMassacre.jpg

MendiolaMassacre.jpg (312 × 357 pixel, file size: 33 KB, MIME type: image/jpeg)

http://images.gmanews.tv/downloads/slideshow/index.htm?mendiola-massacre
Mendiola Massacre
The wounded and dying are strewn at the foot of Mendiola Bridge. Ramon Acasio
Mendiola Massacre
Peasant leader Jaime Tadeo with other sectoral heads, among them Etta Rosales, lead farmers to historic Mendiola Bridge to demand a genuine land reform program from then president Corazon Aquino. Ramon Acasio
Mendiola Massacre
Protesters wanted to push on to Malacañang, but bullets ultimately stopped them. Ramon Acasio
Mendiola Massacre
Peasants and supporters confront anti-riot policemen upon reaching Mendiola Bridge. Ramon Acasio
Mendiola Massacre
The sound of a single gunshot was all it took, sending protesters scampering for safety. Ramon Acasio
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As more shots are fired, protesters flee for their lives. Ramon Acasio
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Those unhurt carried their wounded to the nearest hospitals. Ramon Acasio
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A wounded protester is helped by a peasant activist after the shooting broke out. Ramon Acasio
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Protesters cowered in fear on the sidewalks while others scampered for safety, as police continue firing on them.Ramon Acasio
Mendiola Massacre
After a volley of rifle fire, constabulary troopers chase away protesters from Mendiola Bridge. Luis Liwanag

Looking back at the 'Mendiola Massacre' 25 years later

By Joseph Holandes Ubalde, InterAksyon

MANILA- Twenty-five years ago, on a narrow bridge near Malacanang, some 10,000 farmers marched to ask then President Corazon Aquino to make good on her promise to implement a genuine agrarian reform program.

Mendiola Bridge was the center of many a protest in the country since the time of Mrs. Aquino's predecessor, the late dictator Ferdinand Marcos. Its proximity to the Palace assured demonstrators that their calls might be better heard. But on January 22, 1987, it was the sound of bullets firing in and screams from the farmers that echoed in the streets outside the presidential palace.

Within a few minutes, 13 farmers lay dead. At least 39 others sustained gunshot wounds, while 20 suffered minor injuries. The media called it “Black Thursday” but it went down in history as “The Mendiola Massacre.”

The tragic event started peacefully in Quezon City. Members of the Kilusang Magbubukid ng Pilipinas (KMP) trooped to the office of the Ministry of Agrarian Reform (now Department of Agrarian Reform) on January 14, to ask for three things: 1) free land to the farmers, 2) zero retention of lands by the landlords and 3) a stop to the amortization of land payments.
Then-KMP chair Jaime Tadeo arrived on January 19 and met with Minister Heherson Alvarez. Tadeo was disappointed that Alvarez was only available for a dialogue the next day. As the picket lines grew, the farmers became more agitated and began to barricade the office on January 20.

The following day, tensions mounted when Alvarez told Tadeo to just wait for the ratification of the 1987 Constitution and allow the government of President Aquino to implement the Comprehensive Agrarian Reform Law. But Tadeo refused to wait and urged his fellow peasants to march to Mendiola on January 22 to trumpet their demands to the President.

A passionate Tadeo was quoted in reports as saying: “inalis namin ang barikada bilang kahilingan ng ating Presidente, pero kinakailangan alisin din niya ang barikada sa Mendiola sapagkat bubutasin din namin iyon at dadanak ang dugo. ”
The farmers marched around the Quezon City Circle at around 10 am and were met by other groups like the Bagong Alyansang Makabayan, Kilusang Mayo Uno, League of Filipino Students and Kongreso ng Pagkakaisa ng Maralitang Lungsod. Their collective number reportedly reached between 10,000 an 15,000. At around 4:30 they reached C.M. Recto where some of the rallyists broke through the police lines to Mendiola.

In Malacanang, the first line of defense were elements of the Western Police District; the second line were from the integrated national police, and the third were Marine Civil Disturbance Control Battalion. Chaos ensued following an explosion and the throwing of pillboxes, stones and bottles. Then, gunshots were heard. The government’s dispersal team managed to force a retreat among the ralliers until C.M. Recto.

Aquino, dismayed by what happened, formed the Citizens’ Mendiola Massacre to investigate the events and identify who should be held accountable.The victims’ survivors asked for P6 million in damages but the Manila regional trial court dismissed the case in 1988. The Supreme Court agreed with the lower court in 1993.

Twenty five years after the gruesome shootings, Mendiola street including the bridge has become off-limits to protesters. Anti-riot police and the military have employed the use of huge container vans to block ralliers from coming near the Palace. Last year, the Supreme Court finally ruled in favor of the Hacienda Luisita farmers and asked the owners to distribute the land to its tenants for free.

This seems to be a fitting legacy of the Mendiola Massacre, but for the Supreme Court, justice must still be brought to the 13 casualties of the January 22 protest.

In the words of the Supreme Court: "For most Filipinos now, the Mendiola massacre may just as well be a chapter in our history books. For those however, who have become widows and orphans, certainly they would not settle for just that. They seek retribution for the lives taken that will never be brought back to life again.”

Lakbayan 2010 marks Mendiola massacre anniversary

Getting Older

2012-01-26T14:45:00.000+07:00

Life Extension

By DR. GARY S. SY

MANILA, Philippines — The key to staying vital and healthy in old age is maintaining healthful behaviors throughout life. As many as half of the losses linked to aging, may be the result not of time’s passage but of disuse. If you don’t use it, you lose it.

Many common beliefs about aging simply aren’t true. In fact, you have a great deal of control over how you age; and by changing your health habits, you may be able to buy yourself extra years of life and health. Here are some guidelines that can extend both your “health span” – your active, healthy years – and your life span:

Don’t Smoke. If you smoke one or more packs of cigarettes a day, you are essentially trading a minute of life for a minute of smoking. You can expect to lose 6-8 years of your life you might have lived as a non-smoker.

* If you drink, don’t overdo it. Drinking excessive amounts of alcohol can lead to cirrhosis of the liver, car accidents, high blood pressure, diabetes, and many life-threatening conditions.

* Eat a low-fat, balanced diet. Some believe a bad diet can decrease the average life span six to ten years. Certainly diet may have a lot to do with your risk of heart disease, colon or breast cancer, and other disorders.

* Watch your weight. Whether or not you’re overweight can make a difference in your predisposition to heart attacks, strokes, kidney disorder, diabetes, arthritis, and many other conditions.

* Exercise regularly. Exercise may add six to nine years to your life. The fitter you are the longer you can expect to live.

* Learn to manage stress effectively. Establish a good balance of work and play in your life. Learning to cope up with stress can effectively lessen the toll it takes on well-being.

What is your aging IQ?

Mark each of the following statements TRUE or FALSE:

1. Everyone becomes senile sooner or later, if he or she lives long enough.

2. Filipino families have by and large abandoned their older members.

3. Depression is a serious problem for older people.

4. The numbers of older people are growing.

5. The vast majority of older people are self-sufficient.

6. Mental confusion is an inevitable, incurable consequence of old age.

7. Intelligence declines with age.

8. Sexual urges and activity normally cease between the ages of 55 and 60.

9. If a person has been smoking for 30 or 40 years, it does no good quitting.

10. Older people should stop exercising, and rest.

11. As you grow older, you need more vitamins and minerals to stay healthy.

12. Only children need to be concerned about calcium for strong bones and teeth.

13. Extremes of heat and cold can be particularly dangerous to older people.

14. Many older people are hurt in accidents that could have been prevented.

15. More men than women survive to old age.

16. Deaths from stroke and heart disease are declining.

17. Older people on the average take more medications than younger people.

18. Some people have genes that make them “fast agers.”

19. Personality changes with age, as does hair color, and skin texture.

20. Sight declines with age.

Answers:

1. FALSE. Even among those who live to be 80 years or older, the vast majority do not develop Alzheimer’s disease or forms of brain disease. Senility is a medically meaningless term.

2. FALSE. The Filipino family is still the number-one caretaker of the elderly. Most older people live close to their children and see them often.

3. TRUE. Depression, loss of self-esteem, loneliness, and anxiety can become more common as older people face retirement, the deaths of relatives and friends, and other such crises – often at the same time. Fortunately, depression is treatable.

4. TRUE. By year 2020, one out of every six people will be over 65 years of age.

5. TRUE. Only 5% of the older populations live in nursing homes; the rest are basically sufficient and self-sufficient.

6. FALSE. Alzheimer’s disease or other conditions that can cause incurable damage to the brain can cause mental confusion and serious forgetfulness in old age, but a hundred other problems can cause the same symptoms. A minor head injury, a high fever, poor nutrition, adverse drug reactions, and depression can all be treated, and the confusion will go way.

7. FALSE. Intelligence per se doesn’t decline without a reason. Most people maintain or improve their intellect as they grow older.

8. FALSE. Most older people can lead an active, satisfying sex life.

9. FALSE. Stopping smoking at any age reduces the risk of cancer and heart disease, and lead to healthier lungs.

10. FALSE. Many older people enjoy, and benefit from, exercises such as walking, swimming, and bicycle riding. Exercise at any age can help strengthen the heart and lungs, and lower blood pressure.

11. TRUE. Older people, in particular, should eat nutritious foods and cut down on sweets, salty snack foods, high-calorie drinks, and alcohol. They should take the proper vitamins and minerals to supplement their diet.

12. FALSE. Older people require fewer calories, but adequate intake of calcium for stronger bones can be important as you grow old.

13. TRUE. The body’s thermostat tends to function less efficiently with age, and the older person’s body may be less able to adapt to heat or cold.

14. TRUE. Falls are the most common cause of injury among the elderly. Good safety practices, including proper lighting nonskid mats, can help prevent serious accidents.

15. FALSE. Women tend to outlive men by an average of eight years.

16. TRUE. Fewer men and women are dying of stroke or heart disease. This has been a factor in the increase in life expectancy, thanks to the high technology and advancement in treatment modalities which somewhat help in the early detection and proper management of the disease.

17. TRUE. The elderly consume 25% of all medications and, as a result, have many more problems with adverse drug reactions.

18. FALSE. What you do to stop the genes that speed up aging is less important than what you do to cooperate with the genes that slow it down.

19. FALSE. Personality doesn’t change with age.

20. FALSE. Although changes in vision become more common with age, any dramatic change in vision, regardless of age, may be related to a specific disease.

The Great Pain of Justice Denied

2012-01-26T14:22:00.001+07:00

Fr. Shay's columns are published in The Manila Times,

in publications in Ireland, the UK, Hong Kong, and on-line.

http://www.preda.org/en/news/fr-shays-articles/the-great-pain-of-justice-denied/

Perhaps there is no greater emotional pain a person can suffer than being severely wronged, hurt, and then denied justice. The pain is all the greater when the evidence is strong and clear and after years of struggle and perseverance, the guilty are declared innocent. The pain of defeat and denial of justice is intensified for the rest of the victim's life.

Shelly was only 11 years old when her own father raped her, almost every day when her mother left the house to run their hardware business. Shelly was frequently sick, and was sexually abused by her father; soon she was a traumatized wreck of a child. She dropped out of school, and was threatened. "I will kill you and your mother and burn the house down if you tell anyone" was his worst threat.

When Shelly got really sick her mother brought her to the hospital. There the observant female doctor saw the signs of physical and psychological abuse. The bruise marks on her arms when he held and shook her, the fear in her eyes when she was asked if anyone had hurt her in her private parts. Then in the privacy of the surgery, Shelly whispered what she had hidden for months. The good doctor conducted a series of blood tests and genital examinations.

The forensic evidence revealed the shocking truth. Shelly was suffering from a sexually transmitted disease and had multiple genital abrasions. Her mother would not believe her or the doctor. She was in denial and said Shelly was lying. The doctor called the police and social worker and they brought her to the Preda Home for abused children where she was safe. The child's complaint was filed with the prosecutor who tried to dismiss it but after perseverance and protests it was filed in court by the Preda paralegal team.

Inexplicably, the judge granted bail for what is a non-bailable offense. The prosecutor went along with it and made no protest. It meant the abuser was free and a threat and Shelly could not go home. It took four years of court hearings with countless postponements and delays and Shelly was still determined to testify.

She had healing therapy and new friends in the safe and secure Preda Home for abused children. She was going to school daily and feeling the affirmation, support and care of the Preda staff. She had healed and grew strong in mind and heart. She now had self-confidence and gave clear detailed testimony in court and stood strong under cross examination. The big day came, pronouncement of guilty or not. The evidence was incontestable, the medical forensic evidence, her own brave testimony and the testimony of the doctor and the psychologist. Then the decision was read out - the accused is found NOT guilty!! He walked away free, gloating and smiling. “Money talks, the accused walks”, they say here.

We were dumfounded and Shelly cried long into the night. A bitter blow indeed, that's the root of social problems and poverty in the Philippines, a flawed judicial system where the Chief Justice is on trial .What hope is there for the little children? It took months to cope but Shelly did and went to live with a supportive auntie. She enrolled in college with the help of a Preda scholarship and graduated cum laude. Today, Shelly is a psychologist helping other children like her at the Preda Home for Children.

Shelly is just one of hundreds of thousands who are denied justice all over the Philippines and the world because of corrupt prosecutors and judges. At Preda, the paralegal team is fighting 43 cases in court on behalf of abused children, most of them victims of sexual abuse done by their own biological fathers or the live-in partners of their mothers. There are 18 more cases filed by Preda with the prosecutors and no resolution. That's where bribery is the biggest threat. There are 11 more cases pending in court, yet no hearings set. Out of a total of 62 cases seeking justice, no justice yet. Seven cases like that of Shelly's have been dismissed and only two convictions have been won after years of hard work. The brave children are denied the closure that true justice brings. Perhaps not only the Chief Justice ought to be on trial, but the judiciary itself for its failure to deliver.

Chinese New Year wish: Dragon economy for the Philippines

2012-01-26T14:14:00.001+07:00

By HARVEY KEH

THIS week our country joined in the celebration of the Lunar New Year or, more popularly, the Chinese New Year. I believe that this is the first time in our country’s recent history that a public holiday was declared to celebrate this event. As part of the Filipino-Chinese community here, I welcome thismove as it symbolizes the value that our government places to the contributions made by Tsinoys in different fields of our society. Aside fromthat, this also shows how important Asia, particularly China, has become in terms of the developing global economy. My wish for our country as we celebrate the Chinese New Year is that we will keep pace with our Asian neighbors in terms of strengthening our economy. Hopefully, I would still be able to live to see the day that the Philippines will also become a dragon economy.

First step to become a dragon economy

I have no doubt that our country has the potential to become one of the leading Asian nations. Geographically, we are strategically located as a gateway in the Asia-Pacific region. Aside from this, we are also one of the world’s leading countries in terms of understanding and speaking the English language. Filipinos are also known to be very hardworking and diligent. Yet despite these advantages, we continue to be a laggard economy sometimes even dubbed as the Sick Man of Asia.

If we are to become a dragon economy that will compete with the likes of China, Korea, Japan and Singapore, one of the primary things that we should immediately address is to level the playing field when it comes to doing business in our country. Strong economies are usually driven by a thriving middle class. But that can only be built if a culture of entrepreneurship is created in our society. Rightnow, many Filipinos even those who have enough capital are hesitant to do business in our country because of the graft and corruption present in many of our government institutions.

The current administration cannot just stop at putting the big fishes like former President Gloria Macapagal-Arroyo or even Chief Justice Renato Corona in jail. It must also make sure that corrupt rank and file government officials especially at the local government units, regional trial courts, Bureau of Internal Revenue and the Bureau of Customs are also held accountable for their misdeeds. The sad reality is that even if you change those at the top, the real sharks are actually those that have been with these government agencies for such a long time already that they have made the culture of graft and corruption work for their own interests.

By ensuring that these per-petuators of corruption are sent to jail, the playing field is slowly but surely leveled off, thus creating a more vibrant economy and encouraging more new players in the economic sector.

Advantages of an entrepreneurial Philippine society

Entrepreneurship brings about many good thingsthat can help our economy. One of them is more competition in the market which will eventually lead to better services for the consumers. We have seen this in the airline industry where the entry of new budget airline carriers like Cebu Pacific, Zest Air and Air Asia have forced Philippine Airlines to lower their airfares and also improve their services. Due to lower airfares, many more Filipinos are able to travel to different parts of the country, which has also helped increase our domestic tourism rate.

Entrepreneurship also creates an environment of innovation that leads to better solutions for our daily problems. Filipinos are one of the most creative people in the world but our talents are often not utilized in our country hence, many of our creative people often go abroad to seek better lives for their families. An entrepreneurial society will allow us to keep our best talents given that they will have enough opportunities to practice their craft here. Aside from this, we can export to other countries the innovative products that we will be able to develop thus, helping spur higher economic growth.

Finally, entrepreneurship and a level playing field in business will also make our economy more resilient and less dependent on other countries given that we will no longer have to rely solely on the Business Process Outsourcing and Hospitality sectors as our main engines of economic growth. This will also provide more job opportunities and choices to our graduates who are often limited to these aforementioned sectors for their employment choices.

Understanding our Asian neighbors

One of the things that we also have to do in order for us to become more active in the growth of the Asian region is to have a better understanding of our Asian neighbors. The Asia Society Philippines together with the different Asian embassies based in Manila is currently running a series entitled, Asia in my Pocket. This program aims to help Filipinos better understand the culture and business practices of our Asian neighbors like China, Singapore, Malaysia, Korea, India and Japan.

For more information about this program, you can contact Nash Cordero at (02) 752-4374 or send an email to info@asiasociety.org.ph .

Comments are welcome at harveykeh@gmail.com

Nothing irregular with Corona’s failure to file ITR – Henares

2012-01-26T14:05:00.001+07:00

By Jefferson Antiporda, Reporter

BUREAU of Internal Revenue (BIR) Commissioner Kim Jacinto-Henares disclosed on Wednesday thather office had no records of Chief Justice Renato Corona’s income tax returns (ITR) from 2002 to 2010.

She said, however, that there was nothing irregular about the chief magistrate’s failure to file his ITR.

Henares told the Senate impeachment court that the Chief Justice did not need to file his ITR because he was on the “alpha list” of the Supreme Court.

The list contains the names of employees and how much tax was withheld from their income.

Henares explained that section 51 of the Internal Revenue Code allows a person whose sole income issubject to withholding tax not to submit an ITR.

However, she said that her bureau only had records of Corona’s income and withholding tax from 2006 to 2010.

Based on the records, Corona in 2006 had a gross income of P465,000 and withholding tax of P109,706. In 2007, his income was P488,156 and tax withheld was P117,399. In 2008, his income was P604,388, and withholding tax was P154,057; 2009, P621,528 and tax withheld was P155,556; 2010, P657,755 and withholding tax, P176,577.

Henares said that the High Court failed to submit alpha lists from 2002 to 2005.

However, in his statement of assets, liabilities and net worth, Corona declared a net worth of P9.5 million in 2006, P11 million in 2007, P12 million in 2008, P12 million in 2009, and P22.9 million in 2010.

Editorial

Movement 188’s ‘sinister’ campaign all part ofgame

The 188 congressmen who signed the impeachment complaint against Chief Justice Renato Corona have launched Movement 188.

They will give speeches to their constituencies to persuade them that Chief Justice Corona deserves to be removed from the High Court. They will tell their people in the provinces that CJ Corona has betrayed the public trust, committed culpable violation of the Constitution and graft and corruption as specified in the haphazardly constructed complaint they signed and claimed to have personal knowledge of.

In a statement the Movement 188 congressmen say:

“As signatories to the resolution that paved the way to the ongoing Senate trial, it behooves us to fully explain to our people the big picture of the Corona trial lest they fall for the smoke and mirrors legal tricks that magicians masquerading as defense lawyers have shrewdly unleashed in the impeachment court to derail the proceedings and divert public attention from the evidence ofwrongdoings presented by the House prosecutors this early—all pointing to the Chief Justice’s untenable stay at the helm of the Supreme Court.”

Their “grassroots campaign” will make the people keep their eyes on the big picture.

“The big picture is that the impeachment trial is not an attack on the justices or the Judiciary itself, but a constitutional process meant to make top officials—in this case, the Chief Justice—accountable to our people and to restore the High Court to its erstwhile glory as an ardently independent, highly credible and greatly respected co-equal branch ofgovernment.”

Not a pissing contest

It is necessary for the 188 congressmen to campaign against CJ Corona because the defense lawyers might be enthralling the people. So the 188 signatories must make the people realize that “ impeachment is a constitutional process…and not a pissing contest or athletic game to be judged by which between the prosecution and defense panels has the smarter lawyers and better legal ploys every trial day, but is a charter-mandated trial that has to ascertain at its end which side can prove that the Chief Justice is guilty or not of the charges.”

The 188 Movement’s statement attacks the defense lawyers for having succeeded in creating the illusionof CJ Corona’s innocence. “Like magicians, the hotshot defense lawyers have from Day 1 turned to court rules and motions as smoke and mirrors to bedazzle the public on live TV with their legal acumen and foist upon them the illusion of Corona’s innocence in the face of evidence thus far presented by the House prosecutors pointing to his betrayal ofpublic trust in fudging his SALN (Statement ofAssets, Liabilities and Net worth) declarations and owning ill-gotten wealth.”

Mobilization for People Power 3

Some are worried that this campaign is a mobilization drive for “People Power 3.” They think so because allies have admitted that President Benigno Aquino 3rd gave them marching orders to impeach CJ Corona. And the President himself has described the impeachment as “one of the brightest moments” of his Liberal Party. He has not hidden his profound wish to see CJ Corona kicked out. All these make it believable that if the prosecution loses in the impeachment court, or even if the Chief Justice loses but the senator-judges decide that he needs only to be censured (as we reported Senator Miriam Defensor-Santiago to have said in our page 1 banner yesterday), then the Palace will give the go signal to use People Power to force Mr. Corona to leave the High Court.

That would be a great disaster. So far, enlightened opinion has been saying that whatever the senator-judges’ verdict would be, this impeachment trial is good for Philippine democracy. It offers the people lessons in democratic theory and practice.

To us, the Movement 188’s campaign is actually an extension of the great drama of this impeachment activity. Whatever the congressmen say to their constituents will also give the public lessons in democracy. For unless these congressmen are all like the gorillas in the “Planet of the Apes” they will frame their anti-Corona speeches in language that at least the brighter constituents will appreciate as political argumentation. These speeches will probably be more intelligent than the stupid ones these congressmen gave when they were campaigning for office.

We think the Movement 188’s drive to “campaign” is just part of the old game that politicians play. For one thing it gives the Liberal Party people a reason to campaign for Secretary Mar Roxas for the next presidential election this early. Why do you think has the Liberal Party’s defeated candidate for vice-president in the 2010 elections been taking a high profile in berating Mr. Corona? Hasn’t he been glowing in his—and President Aquino’s—party’s “brightest moment.”

Rep. Tupas doing a great job

And speaking of the Liberal Party, Chief of the impeachment prosecutors Congressman Neil Tupas is reported to be the object of a resign call by some people, including allies of the President, who are disgusted by the ineptness and lack of preparationof the prosecutors. We don’t agree with them.

Tupas is doing a great job boosting the Liberal Party in the impeachment trial. The underdog image of the prosecution produced by Rep. Tupas’ high-pitched voice, the panel’s frequent scolding by Senate President Enrile and other senators, the seeming lack of a plan cannot be anything but a masterfully orchestrated act to support the Aquino-Liberal Party thrust to continue portraying former President Gloria Arroyo as the power behind all the evil forces in our country—including respondent Renato Corona.

This portrait of the Philippine situation is the frame against which the President is able to explain the difficulties of governing our country. It helps him continue being beloved by 70 percent-plus of our people. It will frame the next elections. And it will show why the impeachment is one of the Liberal Party’s brightest moments.

Plunder sought vs Arroyo, Uriarte over PCSO scam

2012-01-26T02:35:00.000+07:00

By Angie M. Rosales

The Daily Tribune

The Senate blue ribbon committee has recommended the filing of plunder cases against former President Gloria Arroyo and former Philippine Charity Sweeps-takes Office (PCSO) general manager Rosario Uriarte for the misuse of some P244.5 million of the lotto agency’s intelligence funds, Sen. Teofisto Guingona III, chair-man of the Senate body, said.

Additionally, Arroyo and Uriarte should likewise be charged with technical malversation for using confidential or intelligence funds as “blood money” for two overseas Filipino workers (OFWs) sentenced to death in Kuwait, Guingona said.

The Senate committee report, at the same time, did not find any violation of the Constitution in the donations of vehicles to various Catholic priests since the donation was for a public, and not a religious, purpose and that these were not for the personal use of any religious leader.

While they were public officers, Arroyo and Uriarte teamed up to rob PCSO of at least P244.5 million.

“Arroyo made mere marginal notes and caused the release of millions of pesos to her partner, Uriarte who was in charge with the disbursement, use, and liquidation of excessive amounts of intelligence funds,” according to the report.

Uriarte’s memorandums of request for millions of pesos cited the need to address threats against the operations of the PCSO.

However, her own certifications immediately revealed that the funds were allegedly also used to address terrorism, bomb threats, and bilateral security relations, the report stated.

“Because of the excessive amounts released, the blue ribbon committee asked for proof of lawful use of public funds. However, neither Gloria Arroyo nor Rosario Uriarte ever presented the actual receipts and documents to prove that these funds were indeed used lawfully,” Guingona said.

The committee in the report stated strongly belief there is probable cause that intelligence funds were iillegally diverted into the pockets of Arroyo.

Despite facing a possible case for plunder, not a single receipt has been presented by Arroyo or Uriarte to save themselves, the report added.

The committee emphasized the fact that particularly for the year 2010, an election year, the PCSO used up P137.5 million of the P150 million that was approved by the former president at the beginning of the year.

“For the same year, PCSO’s intelligence fund budget was larger than the intelligence fund budget of the Philippine Army, ISAFP-GHQ, DND, Navy, and the NBI,” the report added.

The report also stated other findings of the Senate committee after the hearings it held on the issue: the PCSO during Arroyo’s term spent excessively for public relations and advertising based on findings of the Commission on Audit together with the testimonies during the hearings.

Billions were spent on promoting betting in lotteries that could have been spent more wisely on charity, according to the report.

The extravagant expenses for the sole purpose of promoting legal gambling are superfluous and pointless by the fact that there will always be people who will do anything to take a stake for the chance of winning big, it added.

On the equipment lease agreement (ELA) for PCSO’s online lottery system, the report said the hearings held on the PCSO irregularities revealed that a company named International Totalizator System (ITS) initially offered to sell lotto equipment to PCSO for $25 million.

“However, instead of buying the equipment from ITS, the PCSO conducted a public bidding to lease – not buy – the same equipment from private suppliers. The decision to lease instead of purchase continues to impose a great financial burden to the Philippines. Instead of spending $25 million to purchase the machines, the government instead has paid the private suppliers approximately $148 million in rental fees and will continue to pay exorbitant amounts until the contract ends in 2015,” the report added.

Despite proper bidding, the resulting award of the contract not only to the winning bidder but also the two other losing bidders is questionable, it added.

The report recommended that the Ombudsman holds further investigation on the transaction.

There have been unaccountable remittances of the Small Town Lottery (STL) share to Congressmen and to the Philippine National Police (PNP), the report averred.

It found mismanagement in the execution of PCSO’s ambulance program as local government units (LGUs) of a higher class category were prioritized compared to the lower class category of LGUs.

Co-minggling of funds by PCSO was also revealed which violated the PCSO Charter that provides that apportioning of net receipts into three funds: the prize fund, the charity fund, and the operating dund.

The Contractual Joint Venture Agreement (CJVA) between TMA Group of Companies (TMA) and the PCSO entered into for the purpose of establishing the first thermal coating plant in the Philippines should be cancelled for being grossly prejudicial to the Philippines, the report added.

Violations of the Anti-Graft and Corrupt Practices were in fact committed by members of the former board of the PCSO.

When the Prime Gaming Philippines (PGPI) purchased the property of TF Ventures – a company partly owned by Manuel Morato – the latter was relieved of the burden of paying for the corporate debts owned by TF Ventures to the banks, it said.

It can be inferred that PGPI’s resulting assumption of the debts of Morato’s company is partly an act of gratitude extended to Morato, who was a member of the Board that approved the Equipment Lease Agreement of PGPI’s related company, PGMC.

Further investigation must be pursued on possible conflicts of interest by Morato and his dealing with PGPI.

The report also raised possible election Offenses committed by Morato.

Also among the recommendations of the report were:

* The PCSO Charter must contain penal provisions, imposing criminal, civil, and administrative liabilities for acts in violation of the charter, committed by its employees and private individuals;

* The PCSO management must improve its accounting system to ensure that no further unlawful co-minggling of funds shall occur in the future;

* PCSO funds must be allocated only to various national programs which are relevant to the mandate of the agency.The current board of the PCSO must immediately undetake an extensive assesment and evaluation of the programs and projects to ensure that public funds are used within the scope of this agency’s mandate;

* The Commission on Audit should come up with new auditing guidelines for confidential and intelligence funds which should include, among others, the following provisions: a requirement to submit, in classified and sealed envelopes, the vouchers/receipts/other documents evidencing the expenses charged against a specific allocation of confidential or intelligence fund, a certification by the officer in charge of liquidation that these envelopes can be accessed for lawful purposes, a sealed copy of the proposals/requests submitted in support of the request for confidential or intelligence funds, which may be accessed for lawful purposes.

* A law must be passed establishing a Treasury Single Account which can help government track and discover, on a timely basis, transactions which may appear irregular based on the frequency of fund releases and the amount of the said releases.

* The PCSO’s budget for public relations/advertising purposes should not exceed 1.8% of its gross sales. The PCSO is not a private corporation that needs a huge advertising budget.

* Passage of a law that would augment PhilHealth funds with PCSO funds.

* PCSO should stop giving shares of the proceeds of its operations to the PNP because it is not primarily mandated to implement projects within the mandate of the PCSO.

* Shares from PCSO’s operations that are released to congressional and/or other local government units should be strictly regulated. Without proper liquidation, future releases should not be made; and

* The PCSO management should ensure that the strictest standards are established and observed to ensure that public funds are devoted only for public and non-secular purposes.

Let this serve as a reminder to all that public funds are sacred as it is imbued with public interest. Public funds could only be spent for authorized public purposes and can never be used as a private piggy bank.

George Soros predicts riots, police state and class war for America

2012-01-26T01:35:00.000+07:00

George Soros, Chairman of Soros Fund Management (AFP Photo / Brendan SMIALOWSKI)

TAGS: EU, Crisis, USA, Employment, Finance

Billionaire investor George Soros has a new prediction for America. While it might be as dire as it gets for the financial wiz, this bet concerns more than just the value of the buck. According to Soros, there's about to be an all-out class war.

Soros, 81, previously bet against the British pound in the early 90s and made $1 billion off its collapse. In the years since, he’s remained active in investing, but also in advocacy. He’s helped keep Wikipedia afloat thanks to impressive contributions and through donations to the Tides Center, has indirectly funded Adbusters, the Canadian anti-capitalist magazine that put Occupy Wall Street on the map. Speaking to Newsweek recently, Soros neglected to acknowledge his past successes, but instead offered a word of warning: a period of “evil” is coming to the western world.

“I am not here to cheer you up. The situation is about as serious and difficult as I’ve experienced in my career,” Soros tells Newsweek. “We are facing an extremely difficult time, comparable in many ways to the 1930s, the Great Depression. We are facing now a general retrenchment in the developed world, which threatens to put us in a decade of more stagnation, or worse. The best-case scenario is a deflationary environment. The worst-case scenario is a collapse of the financial system.”

Soros goes on to compare the current state of the western world with what the Soviet Union was facing as communism crumbled. Although he would think that history would have taught the globe a thing or two about noticing trends, Soros says that, despite past events providing a perfect example of what is to come, the end of an empire seems imminent.

“The collapse of the Soviet system was a pretty extraordinary event, and we are currently experiencing something similar in the developed world, without fully realizing what’s happening,” adds Soros.

Soros goes on to say that as the crisis in the Eurozone only worsens, the American financial system will continue to be hit hard. On the way to a full-blown collapse, he cautions, Americans should expect society to alter accordingly. Riots will hit the streets, says Soros, and as a result, “It will be an excuse for cracking down and using strong-arm tactics to maintain law and order, which, carried to an extreme, could bring about a repressive political system, a society where individual liberty is much more constrained, which would be a break with the tradition of the United States.”

The recent adoption of the National Defense Authorization Act for Fiscal Year 2012 and the proposed Enemy Expatriation Act, if approved, have already very well paved the way for such a society. Under the NDAA, the US government is allowed to indefinitely detain and torture American citizens suspected of terror crimes without ever bringing them to trial. Should lawmakers Joe Lieberman (I-CT) and Charles Dent (R-PA) get their Enemy Expatriation Act through Congress, the US will also be able to simply revoke citizenship without trial, essentially removing constitutional rights from anyone deemed a threat.

Others have cautioned that, as inequality becomes more rampant in America, the country’s citizens are becoming increasingly agitated with those on the other side of the extreme. In a recent survey released by the Pew Research Center, 66 percent of the adults studied believe that either “very strong” or “strong” conflicts exist between America’s elite and the impoverished, a statistic that has skyrocketed in recent years. Between 2009 and 20011, the proportion of those that sense conflicts exist as such between the class groups grew by 19 percentage points. While less than half of Americans fearing a fight brewing at the dawn of the Obama administration, today two-out-of-three Americans feel that there is a strong conflict between both extremes of society.

Addressing the issue of inequality, Soros tells Newsweek that the main issue that will make or break a reelection for US President Barack Obama will be whether or not the rich end up being taxed more. Among the current frontrunners in the Republic Party’s race for the GOP nomination, wealth and taxes have been of the biggest concern of party rivals. The top candidates have made millions off of investments, and at a time of immense inequality, represent what 99 percent of Americans don’t. Taxing the rich to a bigger degree might finally bring a chance, and Soros says, “It shouldn’t be a difficult argument for Obama to make.”

Soros adds that if the US manages to make it through the troubled times to come, it come allow the nation to enter another golden era. “In the crisis period, the impossible becomes possible. The European Union could regain its luster. I’m hopeful that the United States, as a political entity, will pass a very severe test and actually strengthen the institution,” he tells Newsweek.

With almost seven percent of Americans living below half of the poverty line, four unemployed Americans for each job, a shrinking middle class and an increasingly overzealous police state, it could very well be a tough road to get there, though.

The Gatdula cause célèbre

2012-01-26T01:29:00.000+07:00

PerryScope

By Perry Diaz

Claiming innocence, former police general Magtanggol Gatdula, who was fired as Director of the National Bureau of Investigation (NBI), vowed to fight back to clear his name of allegations of kidnapping and extortion.

However, he conceded that when the President lost trust and confidence in him, that was his signal to go out. And that’s precisely the crux of the matter: President Benigno “P-Noy” Aquino III expects his appointees to walk a straight line –“daang matuwid” — in the performance of their jobs.

According to Justice Secretary Leila de Lima, Gatdula was relieved from his post following the recommendation of a DOJ fact-finding panel — which investigated the alleged kidnapping and extortion of Noriya Ohara, a 33-year-old Japanese national — to file charges against him and other NBI officials involved in the caper.

The DOJ report said that Gatdula participated in the planning and cover-up of the alleged crime last October 29 in which NBI agents abducted Ohara, who is in the country illegally. According to the report, the NBI agents demanded a P15-million ransom from Romulo Marzan’s family with whom Ohara was staying. The NBI agents threatened the Marzans with criminal charges for harboring an illegal alien. After haggling over the ransom amount, which took place in the NBI office, the Marzans paid the agents P6 million.

During the investigation, Ohara incriminated Gatdula before the DOJ panel whom she positively identified from a picture of Gatdula hanging on the wall of the office of Mario Garcia, chief of the NBI-Security Management Division (SMD), where she was initially brought in after her abduction.

“Rescue” operation

But here is the stinger: Garcia, who led the operation, claimed that it was to “rescue” Ohara. He said that Gatdula went to the SMD office only to look at Ohara saying, “Help her with what she needs.” However, Gatdula told the panel that his visit to the SMD office was a “routine inspection” and that he didn’t remember meeting or seeing Ohara.

In regard to the “rescue” operation, Garcia said that somebody gave him a letter written in Nihongo purportedly from Ohara in which she alleged that she was being abused by the Marzans. But Ohara told the panel that she was coerced into writing the letter. When the letter was translated, it was a request for help about her properties!

The DOJ report established the motive behind the “rescue” operation: The Chief Consul of the Japanese Embassy told the panel that Ohara inherited a huge inheritance from her father. In June 2009, she fled to evade her father’s creditors and the Japanese government who wanted to collect her inheritance tax. She entered the Philippines illegally via Guam. She then assumed a false identity and purchased a house in Las Piñas City, which was registered in the name of Romulo Marzan’s sister, Rosemarie, who became her friend. In 2011, Ohara went to live with the Marzans in Bugallon, Pangasinan. It was in Bugallon where Ohara was “rescued” by the NBI agents.

Gatdula claimed that his dismissal was politically motivated. But the President said that Gatdula was fired because of insubordination. He said that after Ohara’s detention at the NBI had become public, Gatdula was ordered to transfer Ohara to the Bureau of Immigration because of her status as an illegal alien. But Gatdula did not carry out the order; thus, he was fired.

Political angle

It is interesting to note that Gatdula is a member of the politically powerful Iglesia Ni Cristo (INC). INC endorsed and supported P-Noy during the 2010 presidential elections, which was a “command vote” for P-Noy. INC members are known to vote as a solid bloc for whomever the INC leadership endorses.

It appears that as a result of the INC endorsement, P-Noy appointed many INC members to high government positions. One of them was Magtanggol Gatdula. However, recent events seem to manifest a cleavage in P-Noy’s alliance with INC.

INC was allied with former Ombudsman Merceditas “Merci” Gutierrez who resigned after the House of Representatives impeached her and before the Senate impeachment trial began. P-Noy’s overt act to remove Merci as Ombudsman did not please the INC leadership. And then there was the case of INC member Artemio Tuquero who was on the shortlist for Merci’s replacement.

In my article, “Gloria’s Trojan Horse” (July 20, 2011), I wrote, “There is one candidate for Ombudsman who I believe is Gloria’s ‘Trojan horse,’ presented to P-Noy to make sure that if he’s appointed Ombudsman, Gloria would remain untouchable for the next seven years.” I was referring to Tuquero who was favored by some of P-Noy’s political allies including Sen. Francis “Chiz” Escudero and Executive Secretary Pacquito “Jojo” Ochoa Jr. However, P-Noy decided against appointing Tuquero. Instead he appointed his personal choice, retired Supreme Court Justice Conchita Carpio-Morales.

Coincidences

Did it surprise anyone that when former President Gloria Macapagal Arroyo was charged with electoral sabotage, she hired the legal services of Tuquero to defend her? And did it come as a surprise that when the House of Representatives impeached Supreme Court Chief Justice Renato Corona – Gloria’s midnight appointee — he hired an INC member, Serafin Cuevas, as his lead counsel?

In politics, nothing happens by accident. The series of “coincidences” seem to point to the political realignments that are forming as the 2013 election is heating up and the 2016 presidential election is looming in the horizon. But De Lima said that Gatdula’s dismissal had nothing to do with his religious affiliation. Of course, it had nothing to do with his religious affiliation. But nobody is saying that politics had nothing to do with it.

Which makes one wonder: Is Gatdula the sacrificial pawn in P-Noy’s king’s gambit? If so, who would play the “king”?

(PerryDiaz@gmail.com)

CJ Corona broke law on SALN

2012-01-25T13:38:00.002+07:00

Commentary

CJ Corona broke law on SALN

By Samuel V. Señoren

Chief Justice Renato Corona’s continued stay at the helm of the Supreme Court has become untenable based on his latest (2010) sworn statement of assets, liabilities and net worth (SALN) which clearly shows he broke the law governing the SALN.

Mr. Corona’s SALN for 2010 which he filed with the Clerk of Court of the Supreme Court on April 29, 2011 shows that he did not report as required by RA 6713 the amounts he paid to the sellers of the four condominium units listed in the SALN.

In effect, he submitted a false SALN for 2010.

Disclosure of the acquisition values of real estate properties listed in the SALN is mandatory as provided for in Section 8 of RA 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

It is further specified under Rule VII, Section 1 (a) of the Implementing Rules of RA 6713.

The pertinent provision in Rule VII reads:

• Contents of Statement

• The Statement of Assets and Liabilities and Net Worth shall contain information on the following: (underscoring supplied)

• real property, its improvements, acquisition costs, assessed value, and current fair market value; (underscoring supplied)

..xxxxxxxxx..

The acquisition cost or purchase price for each of the four units is reflected in the deed of absolute sale for which the corresponding condominium certificate of title (CCT) was issued by the Land Registration Authority. But it was not declared in the SALN. The CCTs were provided by the LRA on subpoena by the Senate court.

In the SALN, the acquisition cost is used as the basis for determining the value of the listed properties for reporting purposes. Among the value headings in the SALN, the acquisition cost is the most important because it is constant and generally reliable compared to the assessed value and fair market value which can change over time.

In fact, for personal and other properties, the SALN form prescribes only the acquisition cost.

The acquisition cost is also among the first items that graft investigators look for in the SALN to find out if the purchase of a listed asset can be viably funded by the filer’s legitimate sources of income.

Mr. Corona’s omission of the acquisition cost distorts the valuation of the listed assets and thus puts in question the veracity of the SALN he had sworn to.

In declaring the total value of his real estate assets, Mr. Corona added the amounts corresponding to the properties under the heading “Current Fair Market Value” with a total of P18,438,980. Whether in fact, these were the realistic fair market values at time of filing is not yet at issue.

It should be noted however that in the SALN form, the space for total value of the enumerated real estate properties is under the heading of the Acquisition Cost, not under Current Fair Market Value.

Mr. Corona left blank the spaces provided for in the acquisition cost column. This is also another violation of the implementing rules (Rule VIII) which provide, among others, that public officials should fill in all applicable information and/or make a true and detailed statement in their SALNs.

Had Mr. Corona disclosed and tallied the acquisition values of the four condominium units as reflected in the deeds of sale and as required by RA 6713, he would have so declared that he had paid a total of P29.5 million for the properties at issue, excluding the house and lot which was conveyed by donation.

Thereafter, the acquisition costs would have jacked up the total value of his assets in the SALN for 2010 to P34 million, inclusive of P4.5 million in non-real estate assets, instead of P22,938,980 as declared.

Why Mr. Corona did not report or failed to report how much he paid for the condominium units is subject to speculation.

But with the highly incriminating SALN for 2010 which was provided by the Clerk of Court and verified to be authentic, prosecutors should just wind up presentation of evidence and witnesses on Article II, forego the other articles and submit the case for resolution.

Abbreviating Mr. Corona’s impeachment trial will save the Senate and members of the House precious time which would have been devoted to legislation in the first place.

NAIA: From worst to worse

2012-01-25T13:30:00.000+07:00

By Erwin Tulfo

DEAD SHOT

NINOY Aquino International Airport (NAIA) authorities must be licking their wounds. The country’s gateway to the world has been dislodged from being the worst airport in 2011—only to land as second worst this year.

From a bright perspective, the mean feat probably deserves a muffled applause. Or even a tiny “hurrah.” For all its worth, it means that the NAIA has improved a tad. Although of course, there’s still gigantic room for improvement.

For refreshers, “The Guide to Sleeping in Airports” ranked NAIA as the worst airport last year. Voters didn’t mince words in explaining why. Many likened NAIA to a bombed out ruin, a cattle yard only worse. And of course, who could have ignored the filthy toilets?

Frommers, an online travel guide, was kinder. It listed the NAIA’s Airport Terminal 1 as only second worst next to New York City’s JFK Airport Terminal 3. Apparently, NAIA flunked this year’s judge’s standards for cleanliness, services, on-time departures, navigation and the ease of getting to and from a city’s center.

Knowing Pinoys, this piece of news may not be that devastating. Many must even be chuckling at the thought that we have proven to be a notch better than Americans.

Ever resilient, many of our kababayans probably find it amusing that we have beaten the most powerful people in the world in the cleanliness test.

I believe that Transportation Secretary Mar Roxas should not be faulted for NAIA’s slip. His great mind has been working to improve the country’s premier airport. A silent doer, he has done a lot already in giving NAIA a major facelift.

Friendliest

It is this amazing ability to find humor even in the face of criticism, and amid adversity, that Filipinos are well-loved abroad. Just recently, the Expat Explorer Survey 2011 ranked the Philippines as the 8th friendliest country in the world.

This isn’t news at all. Filipinos’ hospitality is legendary. Our warm culture dictates that others’ well-being comes before one’s own comfort and safety.

The Filipino cooks and maids of the ill-fated Costa Concordia proved this once again. And with spine-chilling effect.

As passengers scrambled to get off the doomed ship, the Pinoy crew stayed behind to make sure nobody was injured. Waiters, cooks and stewardesses were even caught on amateur video going around and calming down frightened women, children and men. All along, the captain had already jumped ship.

A French tourist even recalled how the Filipino crew roped themselves together to help hundreds of passengers get down the lifeboats.

Our lot has ended up as crooks, psychopath maids, drug traders and swindlers in several parts of the globe. Yet acts of spontaneous heroism such as those exhibited by the Costa Concordia crew still makes me proud to be a Filipino.

It also fills me with pride to know that countless expats want to make the Philippines their second home despite the negative publicity.

Tourism Sec. Ramon Jimenez is right. It’s really more fun in the Philippines.

OFW group calls for return of P13M overcharged by POEA, slams ‘institutionalized mulcting’

2012-01-25T11:48:00.001+07:00

By INA ALLECO R. SILVERIO

Bulatlat.com

MANILA — Migrante International has another bone to pick with the Philippine Overseas Employment Administration (POEA).

The Commission on Audit (CoA) recently released its report on the POEA’s “Balik Manggagawa Program” and implied that the agency has been overcharging overseas Filipino workers by at least P13 million ($ 302,326 ).

In its 2010 report on the POEA, the auditing institution said the former and its adjunct offices in the various Philippine Overseas Labor Offices (Polo) in 27 countries worldwide used arbitrary rates of exchange in charging the Balik Manggagawa processing fees. In the guidelines of the POEA, the fees were only supposed to amount to P100 ($2.32) or the foreign currency equivalent.

According to the CoA, Polo collections in 2010 amounted to P40.207 million ($ 930, 233). If the Polo offices followed the guidelines strictly and collected only the equivalent of P100 ($2.32) from OFWs, the total collection should only have amounted to P26.945 million ($ 627, 907) from 269,454 OFWs. The CoA report went on to declare that there were “total excess charges” amounting to P13.262 million ($ 302,325); this was P960,615 ($ 22,348) more than what was excessively charged in 2009.

The CoA said that even as it was admitted that the excess charges were beneficial to the government as it was the allegedly the sole beneficiary of the over-collection, OFWs – particularly the low-salaried workers – were deprived of enjoying the much lower actual rates.

In reaction, Migrante’s International said it welcomes the report because it validates its claims that the government has been implementing policies of “institutionalized mulcting” against OFWs.

Migrante chairman Garry Martinez said the COA report further affirms what many of their chapters abroad have been complaining about.

In a report on the POEA, it was explained that the “Balik Manggagawa Program” allows returning OFWs seeking to file official home leaves from their work abroad or those who are planning to return to their countries of employment at the soonest possible time can process their papers directly with the local POEA offices in their respective regions, or from the Polo offices in the countries where they work.

Under the “Balik Manggagawa Program” valid passports, working permits and other relevant documents are verified and processed at the POEA Regional Centers, Regional Extension Units and satellite offices in the various regions, POEA-deputized OWWA Regional Offices and Units, Polos in the almost all Philippine embassies and consulates abroad.

Martinez, however, said Migrante chapters continue to report how the POEA offices and units abroad charge excessive fees beyond what is stated in official guidelines. The group said that in Hong Kong, for instance, the Polo office charges HK$ 20 or its peso equivalent of P110 (HK$1=P5, or S2.56) overcharging by P10 ($.232).

The Manila Economic Cultural Office (Meco) in Taiwan charges P150-P250 ($3.48 –$5.81) for processing fees of the overseas exit clearances. POEA guidelines state that OEC fee should not exceed P100 ($2.32).

“The P13 million is only one of the sums that have been overcharged to OFWs. We have no doubt that not only millions but billions of pesos have been extorted from OFWs through the various state exactions. The government has been bleeding OFWs dry, not only by overcharging processing fees, but also by imposing exorbitant rates in passport fees and translation fees. These agencies led by the Department of Foreign Affairs have little or no compunction against making OFWs pay excessive amounts for document processing,” he said.

Martinez also shared that in Japan, the Philippine Embassy has been overcharging passport renewal fees five-fold. In Hong Kong, the Philippine Consulate charges $65, or P2,795, for passport processing. “This is P1,845 ($43) more than what is required by law,” he said.

“Government budget for services for OFWs has greatly decreased but the government continues to come up with many schemes to bleed more money from OFWs. The latest tactic was the move to increase premium contributions to Philhealth. The least the government should do in the wake of the COA report is to return this money to the OFWs by increasing the budget for services and benefits,” he said.

Corruption of OWWA officials

Migrante Middle East Coordinator John Leonard Monterona for his part shared that OFWs who want to go on vacation in the Philippines but will full intent on returning to their countries of deployment are required to pay the OEC. Fees collected upon the issuance of the OEC are the Overseas Workers Welfare Administration (OWWA) membership fee amounting to $25, PhilHealth premiums costing P900 ($21), Pag-Ibig membership fees of P100 ($2.32) and POEA processing fee P100 ($2.32) . All this totals to P2,181 ($51).

“We’re quite certain that the OWWA through its overseas labor officials also overcharged OFWs in 2011,” he said. He said that the CoA should also hasten to come up with a report for the last year because in all likelihood, the OWWA and other agencies mandated to assist OFWs also charged fees higher than what is legally mandated.

Monterona recalled that in November 2011, the CoA also released a report that there were about P21 million ($ 488,372) in unremitted funds spent by various OWWA officers deployed abroad. He said migrant groups have already demanded that the OWWA authorities investigate the unliquidated expenses of some of its officials.

“There have been well- founded allegations that OWWA officials racked up unliquidated expenses when they travelled abroad. These officials charged their expenses to the OWWA trust funds. These expenses must be investigated, too,” he pointed out.

He added that the OFWs funds being a trust fund collected from OFWs hard earned money must be given protection and must be secured by the Aquino government from any misuse and misallocation.

Monterona said Department of Labor and Employment Secretary Rosalinda Baldoz and OWWA administrator Carmelita Dimzon should respond to the CoA report and find means to return the overcharged P13 million($ 302,326 ) in Balik Manggagawa Program funds to OFWs .

“A government paramount mandate is to deliver affordable, if not free, social and welfare services. The Aquino administration continues to fail its mandate to do this,” he said.

Finally, Migrante International called on the CoA and the House of Representatives to investigate the issue more deeply. The organization has previously demanded the full disclosure on the previous Macapagal-Arroyo administration’s use of the OWWA funds, and a full-blown investigation of all state exactions of government on OFWs.

In latest reports, the POEA has said that the guidelines to address the issue have already been drafted but the labor department has yet to issue a response. In the meantime, even as the Polo’s guidelines do not provide for specific foreign currency equivalents to the P100 fee, the POEA has released a memorandum stating a limit on what is allowable to collect as fees.

Questions on Corona’s P11M cash advance

2012-01-25T11:34:00.000+07:00

The impeachment prosecution team should delve into this seemingly anomalous transaction. The questions are: Can a corporation operate and receive money after it ceased to exist? Who is the ultimate recipient of Corona’s money that he paid to Basa-Guidote Corp., a corporation that is no longer in existent? — PERRY DIAZ

‘Corona’s P11M cash advance came from unlicensed firm’

Source: abs-cbnNEWS.com

http://www.abs-cbnnews.com/nation/01/22/12/coronas-p11m-cash-advance-came-unlicensed-firm

MANILA, Philippines – Chief Justice Renato Corona’s P11-million cash advance in 2003, which he supposedly used to pay for some of his condominium acquisitions, came from his wife’s family corporation that had “ceased to operate legally by 2007,” according to journalist and blogger Raissa Robles.

In her new blog entry uploaded on Sunday, Robles discovered from the Securities and Exchange Commission (SEC) that Mrs. Cristina Corona’s family corporation, Basa-Guidote Corp., which supposedly turned over an P11-million cash advance to Corona, was no longer legally operating in 2007, even though Corona was still supposedly making payments to the company until 2009.

Corona’s Statement of Assets, Liabilities and Net worth (SALN) were turned over to the impeachment court last Wednesday. Its contents have since been put under public scrutiny.

Robles said: “What he didn’t say in his SALN was that the lender company had its registration revoked by the Securities and Exchange Commission (SEC) in 2003, the same year he got his cash advance. What this means is that the company – Basa-Guidote Enterprises, Inc. – ceased to operate legally by 2007 or three years after revocation. The law gives a three-year grace period for revoked companies to wind up their affairs.”

Robles sought the opinion of legal experts about this and one lawyer, Prof. Rowena E.V. Daroy-Morales of the University of the Philippines College of Law, told her these facts raise the question of whether the parties involved in the P11-million cash advance were paying the corresponding taxes required under the law.

“It’s true there can be a corporation that exists unofficially. But that will also mean it’s not subject to the regulatory processes of government and it raises the question whether they’re paying taxes,” Morales said.

Morales also suggested that while many are focusing on Corona’s real estate acquisitions, no one appears to have looked into Corona’s supposed liabilities.

“Tingnan din natin ang validity ng declaration of liability. Look at the veracity of the entry of the liabilities. Whether there is indeed an obligation. Are they real liabilities? Was his cash advance really a loan from a corporation?” she said.

Prof. Victoria Avena, who teaches evidence at the UP College of Law, meanwhile, said a company whose registration has already been cancelled “may no longer continue the business for which it was created and registered.”

“After SEC revocation, its only power is to wind up its affairs (i.e., liquidate its assets for payment and distribution to its creditors and stockholders, including bringing to collect and defending suits). If this winding up will take more than 3 years, the corporation should appoint an assignee or receiver, who will be the one to continue (collection, distribution, etc.) in behalf of the stockholders, because at the end of 3 years, the corporation absolutely ceases to exist and therefore cannot do any act or enter into any transaction even for the purpose of winding up,” she said.

Avena added: “…after the 3-year period, it ceases to exist absolutely so the act of anyone supposedly receiving payment in its behalf is null and void. Payment after the 3-year period should be made to its assignee or receiver.”

When asked about the non-existent company, Corona’s defense lawyer, former Justice Undersecretary Ramon Esguerra, told Robles: “I really do not know. I’m not in a position to answer that. We are not in that particular point. I cannot answer anymore.”

However, Esguerra also added: “It does not mean the company (Basa-Guidote) can no longer operate even as an unregistered corporation. Puwede pang mag-business kahit walang corporation.”

He also pointed out that the defense had adopted the SALNs submitted to the impeachment court as its evidence.

“Simply analyze what is stated in the SALN. The SALNs should speak for themselves. To look beyond the SALNs is beyond me already. If you want me to interpret and speculate wala na ako doon. I’d be incompetent as a witness,” Esguerra said.

For more about what Robles’s own probe into this issue, click here to read her blog entry: ‘Corona’s P11M cash advance’

Why the radio silence on Joma's return?

2012-01-25T01:31:00.002+07:00

By Bobit S. Avila

I was headed for the Jam Session IV hosted by the University of San Carlos Alumni Assoc. at the Grand Majestic last Saturday when my media friends asked me to join them in a room for a presscon, which turned out to be that of feisty Congresswoman from Zambales, Rep. Mitos Magsaysay. It was the first time I met with her, but she recognized me from my STAR photo. What I did not expect was, she’s quite a tall lady. But she’s smart and brave!

I have always wanted to meet with Rep. Magsaysay because my family has a good history with the Magsaysays… my late father Atty. Jesus Avila had a few black and white photos of the late Pres. Ramon Magsaysay with him (Dad) in the center beside the President. I also count the former Sen. Ramon “Jun” Magsaysay Jr. as a good friend and of course there is Paco Magsaysay. But there’s something I have in common with Rep. Mitos Magsaysay in that she is staunchly against the RH bill.

It’s not everyday that we get a no-holds-barred account from a true blue opposition to the Aquino regime and the Cebu media got a mouthful from Rep. Magsaysay. We wanted to know why she came to Cebu and she was quite frank… that she’s looking at the possibility of running for Senator. Of course, we told her that the name of Pres. Ramon Magsaysay is synonymous to good governance and the only President to have literally licked the Communist threat.

But we warned her that there’s no point in seeking a Senate seat if we will still use the same Precinct Count Optical Scan (PCOS) which Smartmatic foisted upon the electorate without the voter knowing whether their votes were cast or not. There’s a case filed by the Philippine Computer Society (PCS) against the PCOS machines and we’d like to know where it is now.

* * *

I got a lot of response about our article last Saturday on whether Communist Party of the Philippines (CPP) Chairman Jose Maria “Joma” Sison would be coming back to the country and be given a cabinet position. Most of these comments are text messagessaying, “Usually, the Malacañang Palace spokesmen are quick to issue responses on any issue about the Aquino government. But they are strangely quiet on this issue, which could only mean that this story is for real.” I fully agree with this observation and if the Palace Rasputins maintain their “radio silence” on this issue, then the people will have a grand time spreading all sorts of rumors on this.

I just hope that Pres. Benigno “P-Noy” Aquino III isn’t going to do this very dumb thing. Joma Sison was tagged as the brains behind the infamous Plaza Miranda bombing, a crime that remains unsolved today. We were all appalled that then Pres. Cory Aquino released Joma without any kind of deal in exchange for peace. With Tita Cory’s son now in power in Malacañang, we are very sure that if Joma returns to the country, he won’t be arrested or jailed for the Plaza Miranda bombing. But if Joma comes home, there will be a lot of unhappy people in this country.

* * *

Finally, allow me to reprint a response from Christine del Mar,cdelmar1953@yahoo.com, about our Saturday column. “Such has been my personal take on how Visayans and Mindanaoans have been treated for the longest time. I would like to bring to your attention that it is not only the national government that has adopted this attitude of pro Manila Imperialism. Take a look around you and listen. Even our game shows, which rake in money, not only from the Kingdom of Manila but from the Visayas and Mindanao areas as well, benefit Luzon and Metro Manila residents only. If ever we see a contestant speaking with a Visayan accent, surely this guy didn’t take a boat or a plane just to join “Willing Willy.”

This guy must be a Metro Manila resident now. Take the case of ABS-CBN. Their high rating does not come from Metro Manila. Ironically, it’s the “gahing e og homok na o’s” that made them number one. Sadly, we have to take some amount of responsibility for how we are treated. Remember the saying, “There are no tyrants if there are no slaves.”

Let’s take responsibility for our city. If we can’t build bridges and new roads, we can start by keeping it clean. It will take a whole generation of Cebuanos to change a mindset that we are inferior to our northern settlers. We have to start somewhere, though. We cannot just keep on pointing an accusing finger all the time towards the North. Procrastination and rationalization is the root of complacency. “ I fully agree that it would take generations to change our mindset, which is why I am writing these articles now… to jolt the people in the Visayas and Mindanao that since July 4th 1946 the country has been badly run by Filipinos and the time for serious changes should have been done during the EDSA revolt. Hence it’s time to clamor for change now.

* * *

For email responses to this article, write to vsbobita@mo-pzcom.comorvsbobita@gmail.com. His columns can be accessed through http://www.philstar.com.

Corona is luckier than Estrada in Senate trial

2012-01-24T16:16:00.001+07:00

By Federico D. Pascual Jr.

DAVIDE COURT: Impeached Chief Justice Renato C. Corona is luckier than then President Joseph Estrada who in 2001 faced trial in the first-ever impeachment of a Philippine president.

Corona should thank his stars that Senate President Juan Ponce Enrile is presiding over the trial. With his firm and fair hand, the octogenarian senator is the saving grace of the judicial-political process now entering its second week.

In contrast, Estrada had the misfortune of having then Chief Justice Hilario Davide Jr. co-presiding over his trial together with then Senate President AquilinoPimentel.

Davide was the chief of the High Court that later declared the presidency vacant after ruling that Estrada had, judging by his body language and public statements, “constructively” resigned.

Shortly after, Davide hurriedly administered the oath of office of then Vice President Gloria Arroyo as “acting president” with Pimentel holding the microphone like an acolyte. Ms Arroyo later metamorphosed from acting to actual president.

* * *

LEGALITIES: Corona is lucky being defended by a powerhouse headed by former Associate Justice Serafin Cuevas, the professor of some of the prosecutors. Ranged against the veteran jurist, the congressmen-prosecutors look like amateur operators of the student council.

(Incidentally, Cuevas was with Estrada’s defense panel then led by court miracle-worker Estelito Mendoza. He also happens to be a leading member of the Iglesia ni Cristo, if that matters at all).

But the fate of Corona, who has to contend with relentless administration propaganda to blacken his reputation, will not be decided mainly on legalities or the brilliance of his defense team.

The fact that 11 of the 23 senator-jurors are lawyers will have minimal impact when the final hour of reckoning comes, when every senator will weigh his vote against his personal interests.

* * *

PLAN B: Conviction of Corona requires 16 (two-thirds) of the now 23 members of the Senate. The total membership should be 24, but Liberal Sen. Noynoy Aquino left in 2010 to become President.

If Corona can muster at least eight votes, he is safe. It might be easier for him to secure eight votes than for his enemies to gather 16 votes to convict him.

It is too early to predict the final score, but Malacañang seems to be unsure of conviction. No wonder there is a Plan B, a fallback to pursue Corona’s ouster even if he is acquitted.

This could be similar to the EDSA-II “People Power” march that drove then President Estrada out of the Palace to avoid a costly and possibly bloody conflict.

The administration has gone all-out to demolish Corona in the public mind, to shame him into resigning, because the Palace is not sure of convicting him.

* * *

ODOR OF POLITICS: It is clear that the Senate — not only Corona and/or the Supreme Court — is also on trial.

By the way they talk and conduct themselves, some senators have shown that they are not neutral jurors. At least one leading member of the Liberal Party does not even try to hide his rising to the succor of prosecutors when they fumble.

Enrile has said that the impeachment court will be guided by the Constitution, the applicable laws, the evidence and the conscience of the senator-jurors.

Those factors will not cover everything. For one, the foul smell of politics is heavy in the background.

* * *

PRESSURE: The Senate is actually glued together by a modus vivendi among several groups, including the major parties. Anytime the various factions shift, tectonic tremors could revamp the leadership in the chamber.

Enrile has said that they can have the Senate presidency anytime they want to grab it. “They” presumably includes President Aquino, the playing coach of the prosecution team hounding Corona.

If he wants to stay, the Senate President will be under pressure to try remaining in the good graces of Malacañang despite his claim of independence.

As for the other senators, six of them are up for reelection. Although four of them are conceded as sure winners, they may be tempted to accept assistance from the Palace when the campaign rolls in next year.

* * *

BINAY FACTOR: The ramifications go beyond the Senate. For instance, Vice President Jojo Binay would not want Corona replaced with, say, Senior Associate Justice Antonio Carpio who is often mentioned as the Palace choice.

The Binay camp identifies Carpio with Transportation Secretary Mar Roxas, who has a pending election protest against the Vice President with the Supreme Court sitting as a Presidential Electoral Tribunal.

As Carpio’s ascendancy in the tribunal will be bad for Binay, he can be presumed to be moving to keep Corona safe.

This point is reminiscent of the hesitation of some sectors to press the ouster of then President Arroyo if she would just be replaced by then Vice President Noli de Castro, arguably the worse of two evils.

* * *

EDSA-II: Estrada never saw conviction nor acquittal in his impeachment trial since the process was aborted after the prosecutors walked out on Jan. 16, 2001.

They abandoned the fight when they could not force the opening of an envelope thought to contain bank documents proving that Estrada was the real Jose Velarde, purported owner of a questioned account.

The walkout triggered what was to be called EDSA-II. Four days later, Estrada left Malacañang by the back door and crossed the Pasig River to avoid the mob at the front gate.

With this lesson, Enrile declared that under his watch, he would not allow such antics as walkouts.

If the same stance were taken by Davide, Estrada could have been acquitted. The opening of the envelope days later revealed documents showing that he was not the owner of the Jose Velarde account.

* * *

FOLLOWUP: Access all POSTSCRIPTs at”www.manilamail.com. Follow us atTwitter.com/@FDPascual. E-mail tofdp333@yahoo.com

Drilon attack exposes defense desperation

2012-01-24T14:13:00.001+07:00

By William M. Esposo

The defense panel in the impeachment trial of Supreme Court (SC) Chief Justice (CJ) Renato Corona must be getting desperate already. On the surface, the less seasoned prosecution panel appears to be overwhelmed by their more senior counterparts, led by no less than former SC Justice Serafin Cuevas. However, the examination of what each side has accomplished, and failed to accomplish thus far, would tell another tale.

The move of defense panel lawyer Jose Roy III to charge Senator-Judge Franklin Drilon of “lawyering” for the prosecution, which was later escalated to a call by the defense panel for Drilon to inhibit, is a tell tale sign of desperation in the ranks of the defense lawyers. Presiding officer, Senate President Juan Ponce-Enrile (JPE), has debunked Roy’s assertion and reiterated the right of Senator-Judges to seek information and clarification at any time during the trial. The defense conveniently forgets that the objective of the trial is to simply know the truth.

Roy’s interest conditions him to perceive any act by Senator-Judge Drilon as partial if it helps the prosecutors. Former senator Kit Tatad is similarly disposed. Tatad had earlier ventilated views against the impeachment move. In the case of Roy, he would have been better appreciated if he clarified the issue with Drilon one-on-one instead of going public with it through media. Perhaps the defense is trying to reduce the number of Senator-Judges whom they think might vote in favor of the prosecution.

Why should Roy charge Senator-Judge Drilon as “lawyering” for the prosecution if indeed the defense panel is overwhelming the prosecutors? Roy stood to antagonize other Senator-Judges by questioning their prerogatives. Fiercely anti-Corona folks could similarly charge Senator-Judge Chiz Escudero as “lawyering” for the defense because of those questions that he posed last Thursday on Article II, which to them might appear to favor the defense.

Escudero asked the prosecutors as to how the Senator-Judges should treat Article II — if they’ll judge each charge individually or apply the 2 out of 3 sports competition standard. Escudero shouldn’t have raised that question to the prosecutors because that’s something that they, the Senator-Judges, should determine and set as the rule.

Going by the core issue of betrayal of public trust, it would seem to Juan dela Cruz that if only one charge in Article II had been proved — then that would suffice to remove the CJ from the SC. Several lawyers support that and even opined that if only one charge in Article II went only as far as raise serious doubts on the CJ’s character and trustworthiness — then that would suffice to remove him from public office permanently. There are marked differences between the rules of an impeachment trial (which determines fitness for public office) versus that of a criminal or a civil court that imposes jail sentence or rewards damage claims. Impeachment trials allow more leeway for accepting testimonies and evidence. To Juan dela Cruz, it would appear that the defense panel is relying on technicalities in order to prevent the presentation of evidence. Juan dela Cruz — the people of the Philippines — wonders what’s the big fuss about Article II’s heading? Plain common sense tells us that you cannot fit the poetry and romance of a Romeo and Juliet in its title. You have to read the content to get its full value. It’s the content of Shakespeare’s Romeo and Juliet that made it a classic piece of literature — not its title (heading). Serafin Cuevas can cite all the laws to support his assertions on this issue but he cannot stop Juan dela Cruz from perceiving that this type of defense strategy is meant to protect the guilty.

The timeline of events shows that after the SALNs (Statement of assets and liabilities and net worth) of CJ Corona were submitted as evidence last Wednesday, the defense started acting as if its case for acquitting the CJ was dealt a serious blow. It was after this development when the defense started to become boorish and picked on Senator-Judge Drilon.

Even the witnesses who are the custodians of the titles of the cited properties of CJ Corona were not spared from the harassment of the defense panel. All that’s needed to be established is that these witnesses be identified and confirmed as the duly tasked custodians of these public documents that are now being presented as pieces of evidence. Cuevas made it appear as if these custodians are being made to look like authorities on what are stated in the documents. To Juan dela Cruz that strategy of Cuevas translates to diverting the issue.

JPE clearly stated on the opening day that the impeachment trial’s objective is to determine if CJRenato Corona is fit to still remain in the Supreme Court or hold any other public office. The only outcome to be expected from the impeachment process is removal from public office and not a jail sentence or the payment of moral damages. In the impeachment trial, the rules of court, criminal and civil, are only suppletory, and cannot be fully applied as what the defense panel is trying to impose on the impeachment court and impress in the public mind.

* * *

Chair Wrecker e-mail and website:macesposo@yahoo.com and www.chairwrecker.com

Fun or pun

2012-01-24T01:52:00.001+07:00

VIEWPOINTS

Fun or pun

By Archbishop Oscar V. Cruz

"It’s more fun in the Philippines!” It was supposed to become a big bang. It was meant to be a slam. But sad to say, it immediately caused bad jokes, laughter and ridicule even.

The word “fun” was instantly converted into pun. What was envisioned to stand for joy and delight underwent fast conversion into gloom and tedium. This is not to mention the fact that the supposedly new local tourism sales pitch is nothing more than a poor copy of something the like said of another country in another time. What a pity! And it is precisely intended to sell the Philippines to foreigners over the world. The more cogent questions thus rose so far:

Is it really fun to see a country where fatal criminality regularly happens not only in the streets but also in homes? How could fun be identified with frequent murders and regular robberies, with summary executions accompanied with gross mutilations? Where is the fun in seeing ingrained poverty and misery among the citizens, in witnessing the regular abuse of women and children? What could fun be in a country where terrorism is ingrained and which precisely causes frequent contrary travel advisories to foreigners? Are these some of the reasons Filipinos prefer to travel abroad for visits, instead of seeing their own country?

Is it fun to be in a country where democracy isbeing slowly eroded by the juvenile tantrums of high profile public officials, being gradually demolished by the ego-trips of certain prominent individuals? Where is the fun when witnessing the dynastic, wealthy and powerful politicians acting as if they were modern day royalties? What fun is there knowing that thousands of laws have been enacted and more are still being debated upon, when their implementation remains but a dream? What fun is there in a place where rivers overflow, where mountains crumble and lives are wiped out?

Is it fun to visit a country where there is the infamous KKK that breeds selective justice that manipulates government and favors but collaborators and subservient constituents? Where is the fun in a place where political leadership wallows in incompetence, where economic potentates dictate their profits, and where the common people are looked down upon as chattels for sale in foreign markets for their foreign remittances?

But wait! There is more fun in the Philippines for those engaging in the prohibited drug business, for those making money from the ignorance and hopelessness of millions of Filipinos and for those exempted from walking the “matuwid na daan” who are becoming more day by day.

It is then better to change the declaration “It’s more fun in the Philippines!” to the question “Is it more fun in the Philippines?” While the answer is obvious, at least it is entertaining.

(Reprinted with permission of Archbishop Emeritus Oscar V. Cruz, from www.ovc.blogspot.com)

LA SOLIDARIDAD

Mockery of justice

Indeed the economy, professor!

Costa Concordia Sinking Leaves Other Cruise-Ship Passengers Alarmed -- and Out of Luck

Curing the ‘Bigger C’

‘Downsizing, not closing’

‘Fishing expedition’

PH share in tourism in Asia Pacific is 1.1%

The Secret Document That Transformed China

The Great Poverty Divide

CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

From his own mouth:
CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

Read his formula for computing corruption

My exclusive

By Raïssa Robles

About the three things that struck me about CJ Corona’s ruling that could prove relevant to his ongoing impeachment trial:

CJ Corona’s formula for computing corruption

Use of Statement of Assets and Liabilities

CJ Corona demonstrated a mastery of financial analysis

Related Stories

Mendiola Massacre: Survivor recounts horror 25 years later

Lakbayan 2010 marks Mendiola massacre anniversary

Getting Older

The Great Pain of Justice Denied

Chinese New Year wish: Dragon economy for the Philippines

Nothing irregular with Corona’s failure to file ITR – Henares

Plunder sought vs Arroyo, Uriarte over PCSO scam

George Soros predicts riots, police state and class war for America

The Gatdula cause célèbre

CJ Corona broke law on SALN

Chief Justice Renato Corona’s continued stay at the helm of the Supreme Court has become untenable based on his latest (2010) sworn statement of assets, liabilities and net worth (SALN) which clearly shows he broke the law governing the SALN.

NAIA: From worst to worse

OFW group calls for return of P13M overcharged by POEA, slams ‘institutionalized mulcting’

Questions on Corona’s P11M cash advance

‘Corona’s P11M cash advance came from unlicensed firm’

Why the radio silence on Joma's return?

Corona is luckier than Estrada in Senate trial

Drilon attack exposes defense desperation

Fun or pun

LA SOLIDARIDAD

Mockery of justice

Indeed the economy, professor!

Costa Concordia Sinking Leaves Other Cruise-Ship Passengers Alarmed -- and Out of Luck

Curing the ‘Bigger C’

‘Downsizing, not closing’

‘Fishing expedition’

PH share in tourism in Asia Pacific is 1.1%

The Secret Document That Transformed China

The Great Poverty Divide

CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

From his own mouth:CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth

Read his formula for computing corruption

My exclusive

By Raïssa Robles

About the three things that struck me about CJ Corona’s ruling that could prove relevant to his ongoing impeachment trial:

CJ Corona’s formula for computing corruption

Use of Statement of Assets and Liabilities

CJ Corona demonstrated a mastery of financial analysis

Related Stories

Mendiola Massacre: Survivor recounts horror 25 years later

Lakbayan 2010 marks Mendiola massacre anniversary

Getting Older

The Great Pain of Justice Denied

Chinese New Year wish: Dragon economy for the Philippines

Nothing irregular with Corona’s failure to file ITR – Henares

Plunder sought vs Arroyo, Uriarte over PCSO scam

George Soros predicts riots, police state and class war for America

The Gatdula cause célèbre

CJ Corona broke law on SALN

Chief Justice Renato Corona’s continued stay at the helm of the Supreme Court has become untenable based on his latest (2010) sworn statement of assets, liabilities and net worth (SALN) which clearly shows he broke the law governing the SALN.

NAIA: From worst to worse

OFW group calls for return of P13M overcharged by POEA, slams ‘institutionalized mulcting’

Questions on Corona’s P11M cash advance

‘Corona’s P11M cash advance came from unlicensed firm’

Why the radio silence on Joma's return?

Corona is luckier than Estrada in Senate trial

Drilon attack exposes defense desperation

Fun or pun

From his own mouth:
CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth