Monday, December 29, 2008

TOUCHING BASE ON CHRISTMAS.....

Our family reunions date back in the 1950s. We had a faint recollection of our 1960 clan reunion held in Lopez, Quezon. Yes, it was a clan reunion, meaning, relations fifth level removed. In this country, a third cousin is a prized relative never to be messed up. A third cousin means your great-grandparents are siblings.

Relatives with common ancestors congregate in one big old house somewhere in Calle Anda in Lopez, its owner we could no longer recall. What visits our memory is what appeared to be an old woman whose weathered face had seen better times. Our grandmother, Ina Favia, deferred reverentially to her as Impong Consuelo.

In that reunion we saw our fair-skinned relations from the family of Celso Pulgar. Tio Celso’s brood was in the main, girls of striking beauty. We took fancy on one of the Kuya Celso’s girls by grabbing her attention. While she was perched on the swing, we pushed her as hard as we could. Instead, we got her goat. Getting off from the contraption, she called us her “kababag-anak”. Just as we told you, she was never to be messed up.

The Uranzas and the Floridos and the Capanzanas and the Leopandos and the Martinezes and the Unlayaos and the Requintos and the Torreses and the Nanteses were there. It was a well-attended Christmas get-together. That was the last time our great clan from Esperanza-Canda-Tan-ag-de La Paz-San Roque all in Lopez, Pipisik and Hagakhakin in Gumaca, and Calauag had a great gathering. The last time we heard was that old Impong Consuelo died in her sleep in that same year. She was in her 90s.

In 1961 only the family of Ina Favia, widowed in the 1950s, held her first family reunion this time in Calauag. She decided to have her own get-together because of her growing family and just in time to welcome her children who were then on vacation from Manila as students. Tito Honey was enrolled in Feati taking up an engineering course, Tito Phil in UE as an accounting student, Tita Ling, a UST medical intern, and Tita Sonia into an education degree.

Of course, close relations in the town were invited like Justo Florido, Rogarciano “Kuya Ogar” Florido, Jose “Kuya Oti” Leonor and Ignacio “Kuya Igna” Pulgar, the feared guerrilla warriors of General Gaudencio Vera’s Guerrilla Party. Kuya Justo and Kuya Ogar were the sons of Matilde Pulgar, the first cousin of our old man Tiburcio. Our late uncle Eriberto, a teenager during the war, idolized them. These war veterans regaled us with their war exploits notably the ambush of a 6x6 truck filled with Japanese soldiers and killing them all in Bebito, Lopez, Quezon. And just like Simon Wiesenthal, they tracked down war collaborators right after the war and gave them their just medicine. In fact Kuya Justo was dragged for decades in the murder of one Lt. Amadeo Lozanes alias Azarcon in Pitogo, Quezon together with his commander, Gen. Vera, a war decorated hero and an elected congressman right after liberation of the second district of Tayabas. The Eighth Guerrilla Amnesty Commission however found that
“the motive for the kidnapping and killing of Lt. Amadeo Lozanes of the Hunters was the keen rivalry between the Vera's Guerrilla Party and the Hunter's ROTC Guerrilla organizations. It is noteworthy that the Hunters were driven away by General Vera from Pitogo in December, 1944, and that after said kidnapping and killing on February 13 and 14, 1945, Mayor Ramon Isaac of Unisan, was in turn kidnapped by the Hunters. Leopoldo Miciano, secretary of Col. de Luna of the Vera's Guerrilla Party, testified that General Vera told him of his (Vera's) suspicion that Mayor Isaac was kidnapped by way of reprisal as he, Vera, had ordered the liquidation of Lt. Lozanes (dinispatcha).


In any event, since it is an established fact that when Lozanes was kidnapped, tortured, and later killed, he was actually a lieutenant of the Hunter's ROTC Guerrilla Organizations then engaged in the resistance movement, it may not be said with any amount of truth that the aforesaid killing was to further the resistance movement at the time, as the defense intimate. Rather, the killing of Lt. Lozanes of the Hunters ROTC Guerrilla would tend to weaken commensurately the resistance movement against the Japanese invaders.”

Kuya Igna nurtured the suspicion that one Chinaman in Calauag, during the war, was contacting the enemies on the sly, and in one confrontation injured his suspect leaving the Chinaman permanently blind in one eye. That explains why the children of Lim Ychuan avoided the Pulgar family name like a plague. Kuya Oti, who died early this year, acquired US citizenship owing to his USAFFE services. He stayed briefly in Brooklyn, New York. The civil courts exonerated them however one after another. As war veterans, all their children became professionals enjoying scholarships with stipends courtesy of the US Veterans Commission.

That first exclusive family reunion was held in our old house along Quezon St. It was capped first by a long serenade of Ina Favia by her entire brood. “Ang Pasko ay Sumapit” became our Yuletide national anthem, sang year after year, followed by other more familiar Christmas carols while Ina, in her signature Lumban Quimona, was seated in the second floor window all by herself, gazing down at all of us, and teary eyed. Right after the serenade, all the guests were ushered in the kusina at the back of the two-storey wooden house where a long dining table for twenty two persons made of maulawin waited for them.

The night before Kuya Peping and Kuya Cesar, both in-laws, were all busied up dressing animal carcasses ready to be transformed into great dinuguan, apritada, menudo, and inihaw. All the ladies were on hand scraping papayang manibalang for achara. As kids, we dreaded loitering in the kusina where the taliasis as big as pawikan were steaming with innards their frightening mouths enough to gobble us up and never to be traced again. The skill of Kusinerong Castor, the grandfather of the Follosos, never failed to amaze us with his facility of sanitizing the kalinawan and lamang loob for thick dinuguan and spicy kandingga.

All the kasama of Ina from San Roque and her all-widow entourage were given special mention and individual kalagimay from the old lady. The little kalagimays were filled with tikoy, suman, monay, Serg’s chocolate and coins. Before we partake of her handa from San Roque she led us to her special prayer of thanksgiving to her patron, San Roque, for the generous gifts we all received the last twelve months. After the sumptuous tanghalian, each grandchild had to show his terpsichorean talent. The older apos like Ate Ludy and Ate Aden managed to sing some love songs of Brenda Lee and Petula Clark. They were joined by Tita Ling and Tita Sonia with their portable turntable and did some dances to the accompaniment of the vinyl 45s of Gary Lewis and the Dave Clark Five. Our rendition of Sa Bahay Ni Kang Para was a hit among the Lambanog boys chaired by Tio Nesto.

Right after the program, Ina led her ceremonial prayer. It was the same invocation she recited in San Roque every 16th of May. The shiny Lambanog from Pisipis and De la Paz flooded the Pulgar abode. By nightfall we never failed to see the prostrate figures of drunks adorning the yakal staircase of the old house.

Our reunions were memorable because of special bakes from Puyat Philippine Four Mills in Hondagua where Tito Phil eventually worked as pay master. A day before Christmas, Tito Phil made it a point to instruct the Puyat helicopter pilot straight from Makati to circle the old house in Quezon St., before landing in Hondagua to deliver the bonuses and payroll. That gave us the signal that Tito Phil had arrived and the pastries on our annual gathering. On occasions, Tito Jay, a US based Navy officer, visited his fiancée Tita Ling on Christmas days armed with PX goods from the commissary of Subic Cubi Point. With nine children spread all over, yearly hosting was assigned from the eldest to the youngest and on with the cycle.

Our reunions went on until 1994 when Ina Favia died in Las Pinas. Just like after the death of Impong Consuelo, and our Ina was no longer with us, our family, the Higino branch, decided to go it all alone this time in Manila where most of us were already based. From 1995 till now, we have the same Christmas assignation rotated from the eldest to the youngest.

This year is our turn. In other words, as far back as Impong Consuelo, the latest editions of our family have observed the tradition and see each other once a year for more than half a century since.

A week before Christmas we practically stayed the whole day in the wet market and SM. What could be the most practical gifts within the latitude of limited financial parameter, read: scarce cash due to economic recession? Our destination was a give away, the wet market. The wet market has everything. Why loaf in the supermarkets when prices in these places have skyrocketed just in time for the season? And SM? Of course, this mall is well tuned in the financial language of the middle class by talking with it along the lingo both of them understand: Sale! In it, there is also the universe of designs for disposable (biodegradable) paper plates, utensils, and paper cups.

In the wet market we were able to buy several kilos of deboned and skinned fresh silvery Bonuan bangus for relleno. For an extra P20 per piece, the fish is cleaned, deboned, and skinned. The leathery skin is separated from the meat ready to be minced and mixed with the missus’ secret formula for her famous super pescado recipe.

Just like Ina, our 80-year old matriarch has made it a point that no sibling, without regard to financial wherewithal, shall shoulder by himself/herself, the cost of the reunion. The policy was potluck for every sibling with reasonable notice so that there will be no duplication. By bringing just one simple unique dish (and we are seven not to mention cousins who are Manila-based as well) we are assured of the to-die for putaje from each attendee. Her rationale is by being focused in the preparation of one dish, there is no reason why it won’t turn out to be the best. There is therefore satisfaction in the sharing. The real reason actually is not in the food compliance, but the presence and the pleasure of togetherness. For a Pinoy, his one true thing is his family and that makes him happy in the well-being department. The Impo, Ina Favia, and now our 80-year old Super Mom know that only too well.

As for the gifts to all and sundry, we made it already a tradition (our younger siblings still get to enjoy gift wrapping) to give a book store gift certificate to encourage our family to book familiarity. The gift certificate or GC slashes the cost of gift giving like wraps, boxes, and scotch tapes (not to mention time economy in gift scouting that fits well to the recipients).

From the wet market we proceeded to Suncheers, a party thingamajig provider. We borrowed collapsible tables (with red table cloth) and chairs with balloons in sticks. Next we called Jerry Leal for one videoke machine rented for P500.00 per bash. A videoke doesn’t fail to sustain the momentum of the occasion as there would always be an entertainer from every member of the families present belting out an archaic or latest ballad.

And the end-o’-the-year party doesn’t look like one without a glistening golden lechon. For a little less than a good fortune, we placed our order in Jomari & JJ Duran along National Road in Tunasan. The queue was kilometric where we ended up in the hot and flaming ikutan where still a number of swine carcasses were swivelled atop crimson stoked coals by sweating half naked lechoneros in the labyrinthine looban along the railroad track. The Tunasan lechonan has equalled if not eclipsed Retiro in instant roast pig dish.

On the appointed day, each family member together with his brood came trickling in. Our phone practically burned for dishing out continuous instructions for direction on where again to find the event’s venue. That meant they forgot where in heaven’s name is our house because it was ages ago the last time we were together. Susie’s Joey barely walked when we last hosted. Now, Joey is a handsome 15-year old. Everybody was on tenterhooks upon arrival not because of the twist and turn of finding the place but because of grumbling tummies. It was already lunchtime when much of the invitees showed up. But the table-for-six was ready for the heavy appetite. In a jiffy, Ang Pasko Ay Sumapit was rendered, the serenaders, pale as a foot sole, sang the anthem in the direction of our misty-eyed 80-yeal old matriarch. And everybody pulverized the waiting table. This reunion is memorable, because 7-month old Mayo Inigo Madrid Pulgar, the latest addition to the family, joined the affair.

That is what reunions are all about. Nothing far from ringing out the old and ringing out the new. The old folks sit still in their chairs affectionately gazing at the new editions while the latter fidget in every which way.

As the sun sets, the gate once again is flung open as if to disgorge the revellers from a year long euphoria and they are all trooping back to their own business. As we stood near the entrance, each car passes with all the pairs of hands sticking out of the window waving “auld lang synes,” until same time some place next year. Until they were gobbled up by the distant corner of the village.

It’s probably Paang Bundok in Calauag. From the corner of the gate we saw the faint images of the Impo and the Ina dressed in their signature quimonas smiling in utter approval. While our mother, sprightly as ever, collected herself, retracing the returns of the day.

Friday, November 28, 2008

QUEZON del SUR TRO'd

The Supreme Court had shown some rare sensitivity when it took cognizance of a petition characterized as parochial. (Parochial indeed because in Quezon Province the local dioceses, that of Gumaca and Lucena had joined forces harnessing their clergies and parishes to go all out campaigning for a Yes Vote on the division of the province into Quezon del Norte and Quezon del Sur. With their pulpits and Sunday masses parishioners, the affirmative proponents have gone way ahead in the persuasion department).

By all indications, the High Court has acquired the reputation of touching controversies of national interest only. Seldom does it involve itself with issues too distant from what it perceives to be of far reaching importance. It has developed what it called cases with “transcendental import”. With the spate however of mindless creations of new local government units meriting space in reputable broadsheet columns through the likes of Manuel Quezon III and Juan Mercado, they validate the observation of Speaker Tip O’Neil that indeed, “all politics is local”.

Manolo Quezon has been observing the events unfolding in the province named after his illustrious grandfather. Manolo took interest in the genesis of RA 9495 creating the Province of Quezon del Sur. Mercado, on the other hand, has consistently sniped at the local politicians in his home province Cebu who openly floated the proposal of chopping Cebu into four separate provinces. Mercado has since then raised hell with the suggestion calling the proponents of “lilliputian minds.”

Senator Nene Pimentel the vaunted father of RA 7160, (this law has been ingrained into the mind of all local officials, approximating that of the Bible when it comes to the religious, that there is no need anymore to indicate its title as the Local Government Code) has already raised the alarum about the slew of bills from the Lower House creating new cities and provinces. His unmistakeable sentiment was that these local leaders are laying the predicate for extended office once their original term limits expire. Not only that, they are gifting their heirs with territorial protection.

There were two cases in recent memory where the Supreme Court has put its foot down already in the LGU-creation craze.

Shariff Kabunsuan Experience

One was that of the birthing of Shariff Kabunsuan where the High Tribunal snapped the law creating it as “undelegated power”. It turned out that the new province was a creature of the ARMM, an autonomous region. The High Court said that only Congress has the power to do so.

Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. The ARMM Regional Assembly cannot create a province without a legislative district because the Constitution mandates that every province shall have a legislative district. Moreover, the ARMM Regional Assembly cannot enact a law creating a national office like the office of a district representative of Congress because the legislative powers of the ARMM Regional Assembly operate only within its territorial jurisdiction as provided in Section 20, Article X of the Constitution. Thus, we rule that MMA Act 201, enacted by the ARMM Regional Assembly and creating the Province of Shariff Kabunsuan, is void. BAI SANDRA S. A. SEMA vs. COMMISSION ON ELECTIONS and DIDAGEN DILANGALEN, G.R. No. 177597, July 16, 2008.




During oral arguments in that seminal case of Sema, it is worth noting the following exchange between Justice Tony Carpio and Sema’s counsel, one Atty. Vistan II:
Justice Carpio:
So, you mean to say [a] Local Government can create legislative district[s] and pack Congress with their own representatives [?]
Atty. Vistan II:
Yes, Your Honor, because the Constitution allows that.
Justice Carpio:
So, [the] Regional Assembly of [the] ARMM can create and create x x x provinces x x x and, therefore, they can have thirty-five (35) new representatives in the House of Representatives without Congress agreeing to it, is that what you are saying? That can be done, under your theory [?]
Atty. Vistan II:

Yes, Your Honor, under the correct factual circumstances.

Justice Carpio:
Under your theory, the ARMM legislature can create thirty-five (35) new provinces, there may be x x x [only] one hundred thousand (100,000) [population], x x x, and they will each have one representative x x x to Congress without any national law, is that what you are saying?

Atty. Vistan II:

Without law passed by Congress, yes, Your Honor, that is what we are saying.

x x x x
Justice Carpio:

So, they can also create one thousand (1000) new provinces, sen[d] one thousand (1000) representatives to the House of Representatives without a national law[,] that is legally possible, correct?

Atty. Vistan II:

Yes, Your Honor. (ibid. Emphasis supplied)

Where this power of the ARMM is confirmed, we awaken one fine morning that there are now a thousand more LGUs ready the devour the dwindling IRA or what’s left of it.

This is the other side of Congress running amuck with, borrowing the words of Justice Carpio, “disastrous consequences” on the creation of LGUs.

The Demotion of Tayabas City

The other was the demotion again of 16 cities to municipalities. Think about the 16 Republic Acts that went thru the grinder that is the legislative mill. This indeed is testament to the growing reputation of the mediocrity of our Legislature. Incidentally, one of these cities is close to our heart, Tayabas. Truth to tell, nobody ever lifted a finger in Quezon questioning the propriety of the law that transformed the town into a city. Because their interest is at stake, the League of Cities took the cudgels and went to the High Court protesting the unconstitutionality of the laws creating the 16 cities. Again, the Supreme Court lent a sympathetic ear to the League by saying, among other grounds:

Congress Must Prescribe in the Local Government Code All Criteria

Section 10, Article X of the 1987 Constitution provides:

No province, city, municipality, or barangay shall be created, divided, merged, abolished or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. (Emphasis supplied)


The Constitution is clear. The creation of local government units must follow the criteria established in the Local Government Code and not in any other law. There is only one Local Government Code. The Constitution requires Congress to stipulate in the Local Government Code all the criteria necessary for the creation of a city, including the conversion of a municipality into a city. Congress cannot write such criteria in any other law, like the Cityhood Laws.

The criteria prescribed in the Local Government Code govern exclusively the creation of a city. No other law, not even the charter of the city, can govern such creation. The clear intent of the Constitution is to insure that the creation of cities and other political units must follow the same uniform, non-discriminatory criteria found solely in the Local Government Code. Any derogation or deviation from the criteria prescribed in the Local Government Code violates Section 10, Article X of the Constitution. (LEAGUE OF CITIES OF THE PHILIPPINES (LCP) represented by LCP National President JERRY P. TREÑAS, CITY OF ILOILO represented by MAYOR JERRY P. TREÑAS, CITY OF CALBAYOG represented by MAYOR MEL SENEN S. SARMIENTO, and JERRY P. TREÑAS in his personal capacity as taxpayer, vs. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE;MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; and MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, G.R. No. 176951, November 18, 2008)


The League in effect was saying that by creating new cities we put a strain on the internal revenue allotment. New LGUs don’t have the reputation of being creative in their revenue generation. They without fail rely on the automatic sharing of the IRA. Since the IRA is constant, the more divisors, while the dividend is fixed, the quotient naturally dwindles. The net effect therefore is less efficient use of scant resources. With new LGUs, the tail is wagging the dog.

Lending a sympathetic ear, the Supreme Court struck down the enabling laws as contrary to the Charter (equal protection clause) and the standards laid down in the LGC, among which, were the arbitrary suspension on minimum requirements on income per annum.

Legislative Power for Personal Ends

It is under this milieu when Save Quezon Province Movement declared its opposition to the law creating Quezon del Sur. It feels that the dismemberment of the old Quezon Province has more than the economic rhetoric in it. Its passage was just about after the local elections when the Suarezes were licking their wounds from what was touted to be the most expensive gubernatorial election hereabouts. Somebody simply could not move on. The motive of creating for a new republic is all over right after their ignominious defeat.

Using legislative power for personal ends was not a first impression in Quezon politics. Ironically, prior to the 1992 elections when the bicameral committee was fine tuning the provisions of the Local Government Code, the late Congressman Benny Marquez was already on track for the governorship of Quezon. He already had a falling out with his erstwhile ally, Eddie Rodriguez, the sitting governor then loomed as an insurmountable obstacle to Benny’s ambition. When the Oversight Committee was into the provision on disqualification of local officials, Marquez proposed that “fugitives from justice, here or abroad” be included. There were of course vigorous exchange at that stage of polishing the law. But what prevailed of course was the spirit of “old boys’ club”. This was not lost to the Supreme Court when it tackled that disqualification case:

In turn, (Rodriguez) would have the Court respect the conclusions of the Oversight Committee which, conformably with Section 533 of R.A. 7160, was convened by the President to "formulate and issue the appropriate rules and regulations necessary for the efficient and effective implementation of any and all provisions of the Code to ensure compliance with the principles of Local Autonomy.

Here are some excerpts from the committee's deliberations:

CHAIRMAN MERCADO. Session is resumed.
So, we are in agreement to retain Line 12, Page 36, as is. So next, Page 39.
CHAIRMAN DE PEDRO. Kay Benny Marquez.
REP. CUENCO: What does he want?
CHAIRMAN DE PEDRO. Kung puwede i-retain lang iyan. Bahala na kung kuwestiyunin ang constitutionality nito before the Supreme Court later on.
REP. CUENCO. Anong nakalagay diyan?
CHAIRMAN DE PEDRO. Iyong disqualification to run for public office.
Any person who is a fugitive from justice in criminal or nonpolitical cases here or abroad.
Mabigat yung abroad. One who is facing criminal charges with the warrant of arrest pending, unserved. . .
HONORABLE SAGUISAG. I think that is even a good point, ano what is a fugitive? It is not defined. We have loose understanding. . .
CHAIRMAN DE PEDRO. So isingit na rin sa definition of terms iyong fugitive.
Si Benny umalis na, with the understanding na okay na sa atin ito.
THE CHAIRMAN. Whether we have this rule or not she can run. She is not a fugitive from justice. Mrs. Marcos can run at this point and I have held that for a long time ago. So can. . .
MS. DOCTOR. Mr. Chairman. . .
THE CHAIRMAN. Yes.
MS. DOCTOR. Let's move to. . .
THE CHAIRMAN. Wait, wait, wait. Can we just agree on the wording, this is very important. Manny, can you come up?
MR. REYES. Let's use the word conviction by final judgment.
THE CHAIRMAN. Fugitive means somebody who is convicted by final judgment. Okay,. Fugitive means somebody who is convicted by final judgment. Insert that on Line 43 after the semi-colon. Is that approved? No objection, approved (TSN, Oversight Committee, 07 May 1991).
xxx xxx xxx
THE CHAIRMAN. Andy, saan ba naman itong amendment on page 2? Sino ba ang gumawa nito? Okay, on page 2, lines 43 and 44, "fugitive from justice". What "fugitive"? Sino ba ang gumawa nito, ha?
MR. SANCHEZ. Yes, I think, well, last time, Mr. Chairman, we agree to clarify the word "fugitive".
THE CHAIRMAN. "Fugitive from justice means a person" ba ito, ha?
MR. SANCHEZ. Means a person...
THE CHAIRMAN. Ha?
HON. REYES. A person who has been convicted.
THE CHAIRMAN; Yes, fugitive from justice, oo. Fugitive from justice shall mean or means one who has been convicted by final judgment. It means one who has been convicted by final judgment.
HON. DE PEDRO. Kulang pa rin ang ibig sabihin niyan.
THE CHAIRMAN. Ano? Sige, tingnan natin.
HON. DE PEDRO. Kung nasa loob ng presuhan, fugitive pa rin siya?
THE CHAIRMAN. O, tama na yan, fugitive from justice. He has been convicted by final judgment, meaning that if he is simply in jail and because he put up, post bail, but the case is still being reviewed, that is not yet conviction by final judgment.

The Oversight Committee evidently entertained serious apprehensions on the possible constitutional infirmity of Section 40(e) of Republic Act No. 7160 if the disqualification therein meant were to be so taken as to embrace those who merely were facing criminal charges. A similar concern was expressed by Senator R. A. V. Saguisag who, during the bicameral conference committee of the Senate and the House of Representatives, made this reservation:

. . . de ipa-refine lang natin 'yung language especially 'yung, the scope of fugitive. Medyo bothered ako doon, a.

The Oversight Committee finally came out with Article 73 of the Rules and Regulations Implementing the Local Government Code of 1991. It provided:

Art. 73. Disqualifications. The following persons shall be disqualified from running for any elective local position:

(a) . . .
(e) Fugitives from justice in criminal or non-political cases here or abroad. Fugitive from justice refers to a person who has been convicted by final judgment. (BIENVENIDO O. MARQUEZ, JR., vs. COMMISSION ON ELECTIONS and EDUARDO T. RODRIGUEZ G.R. No. 112889 April 18, 1995)

The amendment, without being introduced or discussed in plenary or deliberation on second reading, was inserted. The anomaly was not questioned before the Supreme Court. RA 7160 was signed into law by President Cory Aquino with no less than Senator Pimentel proclaiming its paternity. But the sleight-of-hand never escaped notice. The law or its implementing rules and regulations never defined the context of what a “fugitive from justice” means. Before the May 11, 1992 elections, armed with the novel proviso never tried in Philippine jurisprudence before, Marquez filed a petition for cancellation of Rodriguez’ certificate of candidacy for governor, on the ground of disqualification under Section 40(e) of the Local Government Code before the Comelec that Rodriguez is a “fugitive from justice”. The case was dismissed and Marquez elevated his case before the Supreme Court on quo warranto proceedings. It was only on July 24, 1996, enriching our sparse jurisprudence, when by judicial fiat the phrase was defined, thus:

the term "fugitive from justice" as a ground for the disqualification or ineligibility of a person seeking to run for any elective local petition under Section 40(e) of the Local Government Code, should be understood according to the definition given in the MARQUEZ Decision, to wit:

A "fugitive from justice" includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution. (Emphasis ours.)

Intent to evade on the part of a candidate must therefore be established by proof that there has already been a conviction or at least, a charge has already been filed, at the time of flight. Not being a "fugitive from justice" under this definition, Rodriguez cannot be denied the Quezon Province gubernatorial post (EDUARDO T. RODRIGUEZ vs. COMMISSION ON ELECTIONS, BIENVENIDO O. MARQUEZ, JR G.R. No. 120099 July 24, 1996)



RA 9495 was a Courtesy from Friends

When it was the turn of RA 9495, the same camaraderie prevailed. Bringing the bill before the Joint Committees on Local Governments, Congressman Erin Tanada shepherded it in no time at all.

“REP. EDUARDO V. ROQUERO, M.D. Mr. Chairman.

THE PRESIDING OFFICER. The Honorable Roquero

REP. ROQUERO. Thank you.
Maari din po ba nating malaman kung ano po ang pleasure o stand ng provincial board, the governor?

REP. TAÑADA. Yeah, Mr. Chairman, the resolution signed by the Board Members are comprised by Board Member Roderick Magbuhos, Board Member Gerald Ortiz, Board Member Icias Ubana and Board Member Rommel Edaño. This has not yet been voted upon by the Provincial Board, so it is hard for me to speculate on how the Provincial Board will vote on the matter but there is a resolution that was filed.

REP. VIRADOR. Just a follow-up on that, Mr. Chairman.

THE PRESIDING OFFICER. The Honorable Virador.

REP. VIRADOR. I noticed that the Governor is not mentioned in this resolution. What is really his stand on this proposal Mr. Chairman?

REP. TAÑADA. Again, Mr. Chairman, this would be mere speculation on my part, but when this bill has been filed (sic) as early as the 11th Congress, this was sponsored then by my father, the former Senator Bobby Tañada,and Congressman Raffy Nantes. It passed the House in the 11th Congress but due to the impeachment case of then President Erap Estrada in 2001, it was not tackled in the Senate.

The position of Governor Enverga the (sic) time was to let the people decide. So I am not sure if the Governor would still maintain the same position today. In the 12th Congress, this bill creating the Province of Quezon del Sur was, again, filed by Congressman Nantes and former Congresswoman Aleta Suarez, but this was not passed in the Committee nor in the Plenary of the House. So this will be the third attempt. Hopefully, we will see the light of day and get it pass through the Senate.

xxx xxx xxx

REP. VIRADOR. Mr. Chairman, while I recognize that the approval of the governor or other members of the sangguiniang panlalawigan is not necessary for the creation of a new province, I just want to manifest that, maybe, I can interpret this that this is also the sentiment of other governors that they don’t want that their allocation, their IRA will be divided. I hope that is not the reason. But at any rate, Mr. Chairman, I do support this bill for the betterment of the lives of the people from Quezon.

REP. TAÑADA. Mr. Chairman.

THE PRESIDING OFFICER. Okay. The Honorable Tañada.

REP. TAÑADA. Yeah, just to clarify what Congressman Virador mentioned. It is not stated in Republic Act 7160 or the Local Government Code that the approval of the governor or the sangguniang panlalawigan is a condition precedent for this Committee to tackle House Bill 2861….”(Transcript of the public hearing conducted by the Committee on Local Government)


The Novaliches Lesson

Dante Liban, in his prime, was an undefeated political leader of Quezon City. He started out as a city councilor representing Novaliches. His voters’ appeal was daunting such that when he ran for congressman, again and again, his district comprising the giant Novaliches returned him to Congress. And then one fine day when he woke up his term limit was staring right up his face. Running for mayor was not an option because of the formidable Mel Mathay, an undefeated local leader as well.

As a third term congressman, he authored a bill creating the City of Novaliches which later on was signed into law by FVR as RA 8535. Being a Lakas stalwart smoothened up his pet bill’s passage. The Supreme Court found nothing wrong with the law and dismissed a certiorari petition by one QC councilor.

When the issue was brought for approval by the entire electorate of QC in a plebiscite called for the purpose on October 23, 1999, it was resoundingly rejected. The rejection was expected as the intelligent QC voters smelled a too personal agenda of Liban. He ran for Mayor in 2001 and failed. He tried to reclaim his old congressional seat in 2004 and was repulsed by millionaire Anne Marie Susano. In 2007, he again opposed Susano in the congressional contest and was bitterly unsuccessful.

While he bench warmed at Tesda and Philippine Red Cross, he was hounded by charges of corruption. It was the beginning of the end of his political career.

Ipagpaliban muna natin yan si Dante Liban, said Senator Richard J. Gordon, chairman of the Philippine National Red Cross, in response to former Congressman Dante Libans threat to have Gordon removed from the Senate.


I find it so strange that Liban is threatening to sue me for sitting in the Senate while serving through Red Cross. Wasnt he Chairman of the Quezon City Chapter and a member of the National Board when he was himself a Congressman?

Dante Liban has been kicked out of Red Cross by unanimous vote of the National Board because he violated fundamental policies and procedures. He did not follow orders of the Secretary General. He did not follow the National Board. The Court of Appeals has upheld the actions of the National Red Cross Board. He has not turned over more than 10 million pesos of Red Cross funds. He continues to use Red Cross property as if it were his own despite reprimands, despite his expulsion. We have criminal cases of robbery and estafa pending against him. All that you are hearing from former Congressman Liban are the whinings of a man who has been disgraced for breaking the law (RED CROSS FOCUSED ON DISASTERS, NOT LIBANS CASES Office of Senator Dick Gordon Press Release December 12, 2006)

This was not the first time Dick Gordon had differences with a congressman of similar stripe with that of Liban. Incidentally, he is one of the authors of RA 9495. The Philippine Center for Investigative journalism reported in its website:

OF COURSE, other legislative prerogatives, such as the power to initiate investigations, have been used to further the business interests of some congressmen. One of the most memorable examples was three-term Quezon Rep. Danilo Suarez, a defense contractor and entrepreneur who also has considerable interests in trading and agribusiness. Suarez stirred a hornet's nest in the 10th and 11th House when his colleagues accused him of using his position to wangle contracts for his firms.

In the 10th House, Suarez called for an investigation of the purchase of radar systems by the Subic Bay Metropolitan Authority (SBMA). Suarez's company supplies radar systems, and during the investigation, the irked SBMA chief, Richard Gordon, pointed out that this could be the reason the inquiry was taking place at all. Congressmen also accused him of requesting the Department of Transportation and Communication (DOTC) to reopen the bidding for the P600-million Nationwide Airport Navigation Facilities Modernization program so that his company could make a bid for airport radar.

Another Suarez company has the contract to operating three parking lots at the Ninoy Aquino International Airport (NAIA). The congressman also owns the Kayumanggi Restaurant at the airport. In 1998, he filed a resolution asking the House to investigate the awarding of a contract to a single corporation to run all the concession areas at the NAIA Terminal II, allegedly because his company was eying some of the concession areas at the terminal.

Suarez was banned from running for a fourth term in 2001 so his wife Aleta took his place in the House. Meanwhile, the former congressman, who was a staunch supporter of ousted President Joseph Estrada, was named by President Gloria Macapagal Arroyo as the vice chair of the National Road Board, which looks into how the tax imposed on motor vehicles is spent.

As chair of the ways and means committee in the 11th Congress, Suarez was instrumental in the drafting of a law, passed in 2000, that imposed the same tax. It is not surprising that he has interests in road construction and road-safety businesses as well (Open for Business, i-site.ph)


INITIAL MORAL AND LEGAL VICTORY

Exactly eight days after SQPM filed its certiorari petition on November 17, 2008 before the Supreme Court, its application for temporary restraining order was granted. But we are not gloating. It is still a long and exhausting fight. As Juan Manuel Marquez said after his surprise defeat via split decision with The Pacman, “Boxing contest is not about the first round. It is a 12-round fight.”

The TRO however turned out not what everybody was expecting it to be. What was restrained was not the conduct of the plebiscite on December 13, 2008 but the proclamation of the results of the votes. In other words, the plebiscite proceeds as fixed, all registered voters of Quezon are enjoined to vote. The caveat is that, while the Comelec keeps with the process, it stops right after the canvassing. No one is allowed to disclose or proclaim the results of the voting “until further orders”. The results shall only be made public once the Supreme Court declares RA 9495 as valid and constitutional. Otherwise, the results of the plebiscite are meaningless and moot.

Without missing a beat, SQPM promptly filed a reconsideration request citing the expense involved and the attendant confusion the tenor of the TRO created upon the electorate of Quezon. The media was even discordant in their reporting of the Court’s disposition of the application for injunction abetting futher puzzlement. This was not lost to the Supreme Court. And in due time, with resolute deliberation, hopefully it will issue the corresponding clarification on the restraining directive. The P38M budget for the plebiscite should be set aside for more salutary electoral purposes, the long overdue poll automation, for one.

Sunday, October 12, 2008

THE demons OF VICENTE ROXAS

How did he get it right? Oh yes, his daughter called him up as she wept to tell him that it’s all over the radio and television. His departure from the bench was the banner story of all the early evening news. The next day, his weeping daughter said, his termination from the Court of Appeals, as sure as the sun explodes in the East, is the newspapers’ front page.

He was stunned. Almost paralyzed. This is what they call nervous breakdown, he thought. His fingers failed him. Simultaneously, he sweated all over despite the almost blast freezing temperature inside his Mercedes Benz. His friends hitching with him always said something best about his car air-conditioning as something nothing like it. Ironically, the last of them who made that unctuous remark was Justice Jose Sabio, the man who went to town.

The traffic along Taft Avenue was as thick as the clouds masking the afternoon sun of September 11, 2008. People were on the sidewalk, most were on the waiting sheds, some along covered parkways of malls and office buildings in United Nations. This is Ermita, his little world since four years ago. The Philamlife building in the corner of Orosa and UN reminded him of the structures in the busy National Avenue of San Diego, his favourite city in Southern California. It was the season of heavy rains. While his car was on a standstill, all he could figure out was the surreal tapestries of multicoloured faces as if gawking at him. “There is Justice Roxas! Crucify him!” Startled, his instructions to his driver were almost inaudible. But almost always since June this year his loyal chauffer was overly sympathetic by repeating what he thought were the biddings of his boss. If he was unresponsive, then he got them all right.

They went straight to UN Avenue towards the direction of Roxas Blvd., went passed Orosa, then turned left to Nakpil and again left to Arkansas St. He looked at the blight of the block contrasting the majesty of the Court of Appeals Building looming from Arkansas St. This might be the last day he’d see the man in wife-beater contentedly sitting in the corner of UN and Nakpil. How long has he seen that man whose satisfaction was all written on his face? Now he felt an unimaginable envy towards the contented man in that street corner. He had his own satisfaction. His extended decisions gave him some lift that looked like astral projections or fireworks in the midnight sky. Maybe that’s how the masters felt after a magnum opus is done. The levity, the high, the adrenaline, his midnight toss and turns, his heart’s audible thumps.

How does one create his soul? Fundamentally, he thinks a man has no soul. He caught his grandfather muttering that life after death is one tall tale. Is it faith in some cosmic force that soul is formed? He has heard the admonition from the good book, “many are called, but few are chosen.” What exactly did that mean? Now he has some ideas. It is when you get those demons out from your head. That’s how you get your soul. Or by clutching at the last straws of immortality? Work, work, get a canvass for your work and leave.

He got hold of his cellphone. He pressed on its phonebook. Where is that name Justice Sabio?, he thought. There were almost sixty names with “Justices” next to their names. Early on, he gathered all the numbers of his colleagues four years ago when he got his appointment. Of course he has Supreme Court connections. He is a Quisumbing, don’t they ever forget that. In this country, genealogy matters. The High Court justices regard him as future peer. His Malacanang pipeline is awesome. His contemporaries in the appellate court believe that in no time at all he shall sit in Padre Faura looking down at them from some Mt. Olympus. Finally the name Justice Sabio appeared. He pressed the “option” mode and scrolled down looking for the “delete” command. The “delete” command appeared with a question mark.

He pressed it with all his might. Finally, in two months he felt his first satisfaction.

If life could only be as simple as that. But there is no button that can simply rearrange his life. Can he delete what seemed to be uncut unbelievable events in the last eight weeks that crescendoed to his dismissal? Now his name belongs to the Rogues Gallery that include Jalosjos, Ecleo, Sanchez, Webb, Rolito Go, and a host of others. He is now the Justice who got the boot for greed.

How dare the Supreme Court short circuit a process in exchange for national catharsis? Have they forgotten that he is their peer? He should have been treated deferentially. He is no ordinary mortal. A Justice he is, or have they simply forgotten. His curriculum vitae all the more exalt him above his mediocre colleagues whose appointments were on the strength of anything but skill. Not only that. He has what it takes to be a hotshot Filipino consigliore that mesmerizes the legal academia short of epic proportion: a bar topnotcher. As a bar placer, his colleagues in the bench look at him with awe. His fraternity from the State University regard him as a living legend. That makes him at par with the name partners of the Firm, the gods of Sigma Rho. In this poor country, landing in the annual bar examinations’ top ten is enough to establish a name for oneself. Look at Ferdinand Marcos. Marcos’ career pivoted on the legend of his topping the bar while being in prison for murder. People thought he walked free for being a legal genius. He hopes, just like the legions of bar topnotchers, that Filipinos won’t outgrow this inane folklore.

Right after his Ateneo and University of the Philippines training, he has the enviable academic record from no less than Georgetown University Law Center in Washington D.C., USA for his Master of Law degree (LLM) and special studies in Harvard University, John F. Kennedy School of Government. While still wet in the ears, he learned the texture of the law while perched on the lap of his idol, the late nationalist Jose Wright Diokno. Pepe Diokno taught him that even in old age idealism could still rage. And righteousness. The old man drilled on him that equity is the soul of the law. As Commissioner of the Integrated Bar of the Philippines’ Commission on Bar Discipline for five years, his recommendations were heavy on cleansing the bar of misfits and the depraved. His ethical sense is beyond compromise. For a time, he was a knight in shining armor mouthing Ka Pepe’s egalitarian take on this country’s ills when the latter famously wrote, “jobs and justice, food and freedom.” Justice, that’s where he fits most, he swore.

His output as a jurist was outstanding and his writing skill is legend. He wrote unorthodox decisions that only need confirmation by the High Court. The late Justice Ricardo Galvez, his colleague in the appellate court who was plucked by Erap as the latter’s Solicitor General, was heard saying, “Writing is one big talent. It’s like the gift of carrying a tune. Either you have or you don’t have it!” But he is thankful of his long stint in the bench. It honed his writing wizardry. As a trial court judge, from the trial briefs alone no matter how excellent they were prepared, he can smell the shyster a mile away. A short stint in the Securities and Exchange Commission made the Corporation and Securities Laws like the palm of his hand. With those credentials, his CA equals seek his opinion on matters of intra-inter-corporate conflicts and stocks or securities controversies.

An administrative case brought against him by an Ilusorio scion was trashed by the Supreme Court for being frivolous. Walking down towards his car one day, an elderly colleague accosted him. “Tell me whose case is that you’re clutching?” pointing at the manila envelop clipped by his arm. “The Ilusorio family feud,” he replied. “Ah, Marcos money!” the old man exclaimed and went on in a monologue. He said in this country you can attain immortality by simply being a big thief. “Almost twenty years after his death, Marcos is still a piece of talk. The Courts are all busied up dismantling the blocks and barriers the crook assembled around his trove’s fortification. In the next fifty years, the new judges would look kindly at the bandit now romanced by sheer fatigue. Marcos money…..not far from the fabled Yamashita treasure.”

The Supreme Court has dossiers of appellate justices where they are graded according to intelligence and integrity. The list is most useful in the reviewing of cases brought before the High Court on appeal. There are CA justices whose reputations precede them. A decision penned by a notorious jurist is subjected to microscopic scrutiny and gets reversed pockmarked with acrimonious adjectives. On the other hand, that of a reputable justice’s easily earns the High Court’s affirmance. His appealed decisions, especially his findings of facts and conclusions of law, get the nod of the Supreme Court in no time at all.

All what he did was to pen what he thought was an outstanding decision. It was a no-brainer, actually. His stint in the SEC, albeit short, gave him the essential skill in the application of corporation law and jurisprudence. He just needed a whole afternoon writing his ponencia. The gods of the Firm were on the line for consultation.

This is where the Firm is known for. Why bother cultivating upstarts to compile legal briefs and materials in bolstering the gates of Meralco? An expert in the field is all it needs for peace of mind, and a Justice at that.

The venerable Vicente Roxas forgot that he is a member of the appellate court. Where he was enmeshed of is simply a juvenile contest between buccaneers and highwaymen. The loot is fairgame. Meralco wanted permanence on its turf. On the assets of Meralco one finds embossed the Lopez family name. We are indeed a sentimental lot, and this family is not about to give up.

Meralco is a money machine. One ingenious accounting entry alone can build you a Makati landmark, the Rockwell. There is no difference between a gambling lord and the Meralco monarchy. A gambling lord has his territorial franchise where he rakes in millions of pesos a day. A franchise in CALABARZON is an equivalent money machine. We are always in search of the proverbial cornucopia, a Meralco or a lucrative territory as retirement fallback. A gambling lord’s good fortune is looked upon with green eyes by another pretender to the franchise waiting for one opportune time. The history of illegal gambling in this country for the last 100 years is replete with folklores of dislodging one gambling lord with another.

That is the tragedy of a President. He is reduced into another pretender who covets Meralco. A President who has gone thru the wringer of elections in this part of the world believes that a money machine is fair target. Erap brainstormed with Atong Ang to perfect the Bingo Two Balls to obliterate jueteng and hold on to it for the rest of their lives. But Chavit went to town.

There are many ways of gobbling Meralco up. One is by nationalization, next is by declaring a national emergency or martial law, and lastly, by letting loose the trust fund of a government insurance firm. Marcos went on the strong arm method and failed. Declaring martial law, Marcos hemmed and hewed, and by some artifice grabbed Meralco by way of dacion en pago. Cory Aquino, on matters of sentiment voided Marcos decrees viewed as perturbacion de mero hecho and not perturbacion de derecho, and delivered the Meralco assets to the Lopezes by way of pacto de retro. GSIS, with over a billion dollars in excess cash, the Palace tenant experimented with the last option. She enjoys her growing reputation as a genius of managing her stay in office for the rest of her term. Now, as a cerebral tinkerer, she trains her attack dogs to snatch the money machine that is Meralco. With thirty percent shareholdings floating in public, she can achieve where Marcos failed with less violence. Three steps ahead is the sympathetic ear of the SEC. Faced with this prospect, the Lopezes opened their vaults. And with a door ajar, the Firm got a glimpse of the logistics enough to win a global war! Malacanang failed to reckon the twist and turn in the Court of Appeals. From the bluebook of the Firm out came the name of Vicente Roxas, the boy genius of the day.

That’s how he looked at the intramurals between Meralco and GSIS. There is no honor in it. This is a war between two predators awashed with bullions ready to burn in the plains of Kilimanjaro.

He and the Firm are just there to get the vantage point in the food chain.

He just wrote what he thought was an outstanding Decision.

His demons still possessed him.

Saturday, September 06, 2008

A day IN THE LIFE OF JUSTICE SABIO

He stared at the mirror looking at the image of an odd man staring back. He feels the breaking sweat on his nape and forehead after a quick hot shower. Last night’s pochero still appealed to him. Its steaming thick soup cleared his nasal clog. A piece of this tenderized beef quickened his belly. He remembered his father’s marquee line, “the Lord does not require you to win, He does require you to try.” The month of May is slowly inching out from his life, all of 67 years. He has not used his hair piece for quite some time. It’s time to have this oddity pasted to where it belongs. He could hear the whispers of his distaff staff of a familiar name he’s sure refers to him. Twenty years in the judiciary looked uneventful. A few reversals by the Supreme Court are his only consolation. No, he does not find contentment at par with a litigator. He is a jurist par excellence. The face on the mirror suddenly becomes acceptable. His salt-and-pepper toupee perfectly hews his round cranium. Fifty years ago his first inamorata told him he had the bonhomie. Four years in law school took a toll on his face. He believes he is telegenic though with a baritone voice his students found attractive despite his thick Cagayan de Oro accent.

But today is like no other day. A few hours from now, the media would be at his bidding. Obscurity would soon be past him. He is going to preside over an application for a temporary restraining order by Meralco, the power distribution company behemoth. The papers on days on end logged the impending take over by the GSIS, a government retirement provider, of the giant electric firm. He knows that this gobbled-up threat is orchestrated by the President. A quid pro quo is not far behind. It was Erap who appointed him in May, 1999. Mayor Vicente Emano wasted no time signing his credentials.

His cell phone’s familiar ring tone sounds sweet to his ears. Finally, in these parts, he is at the center of the universe. During a get together with his co-alumni in Procter and Gamble many years back, he announced that soon if not later he would reach the pinnacle of his career as justice of the Supreme Court. As Regional Trial Court Judge of the southern cities of Tangub, Gingoog and Cagayan de Oro for several years, his stint was as bland as his favourite balbacua in Barangay Gusa. His decisions in the lower court merely regurgitated settled jurisprudence. He longed to handle the case of the century and append his name to his ponencia. How about a Sabio doctrine? In no time his destiny awaited him.

The round face on the mirror would soon have a name etched on granite. Destiny awaited him no doubt. How can one explain the turn of events when the presiding justice of the 9th Division (out of 23) was replaced twice? This certainly was it. The interesting times the Chinese crow about.

Again his handphone disturbed him. It reported three missed calls already. The number was unregistered. But that gave him some lift. His phonebook seemed bare, skinny. Now was the time to add some real biggies to his directory. The real serious players. 60% of his phonebook entries were just old friends in Cagayan. Sometimes it took him weeks to return a call. Why bother when returning a call promptly was just a waste of time? But sitting in some corner at Robinson Mall along Padre Faura was worth his while to touch base with pestering relations from far away Misamis Oriental. To him, an inconsequential person who called was a pest. He was a big fish in the Gusa pond. Swimming in the big national ocean would be in no time at all. Breaking into the national consciousness was the penultimate thrill to a jurist like him. While he knew that any disposition at his level was subject to appeal, he was well aware of the value of the Court of Appeal’s preliminary ruling. He found himself in the midst of public relations maelstrom. Initial victory to one party mattered most. Up there was just plain p.r. callisthenics.

The government did not want embarrassment. It could not afford to lose at this stage. Malacanang knows the Court of Appeals is an uncontrollable mob. Due to its sheer number of justices, it has hold-outs from previous administrations of Ramos and of course, Erap. It still smarted from the humiliation Mayor Jejomar Binay wrought before the May 2007 elections when the diminutive Makati Mayor snagged a temporary restraining order issued by an Erap appointee, His Honor Enrico Lanzanas, and eventually a preliminary injunction against an Ombudsman’s fast tracked suspension order. He knew that Malacanang had placed its bet on its stooge Winston Garcia. The words of Winston were nothing but the words of the President. With Winston legendary physical heft, he was just GMA’s bulldozer, nothing else. When he was in P & G in Cebu, he met Winston when the latter was a fledging practicing lawyer. The man loved to eat. Soon he felt deep down, Winston was going to call him. With the revolutionary cellphone, no one these days can run and hide.

The so called judicial modesty has now become Jurassic. His younger colleagues in the Court sport multiple cellphones. The self-deprecating excuse is that one is for official use, i.e., for the missus, and the rest are for the rest of the world. But he had not seen such a number of jurists in his old building in Orosa constantly talking on their remote phones. Even on deliberations and oral arguments, justices suddenly multi-task by half listening to oral debates and check on their SMS messages or send one. Yet he knew that these honourable men and women didn’t always receive text messages that spelt life or death. Most were plain domestic reminders and jokes. Some of them in one division owing to camaraderie and familiarity even shared the text messages in the middle of a hearing unmindful of hiding their glee on the banter.

Finally, the unknown number sent a text message. “Justice Gud AM dis is Francis de Borja Can I kol u.” His memories suddenly stream before him. “This is the guy who thought had bought me”. In 1993, a land transaction involving the sale and development of a 400 hectares land near the Lumbia Airport in Cagayan de Oro with complicated partition among the Ex-Mayor Oloy Roa heirs was brought to him for unravelling. Being a Regional Trial Court Judge is a ticket to expediting complex paper works. That’s how they do it in Cagayan. Why hire a lawyer and bleed for acceptance fee when the local agencies would just give him the run around? He knew the BIR revenue district officer, the register of deeds, and the local assessor. With a local judge as the consigliore, it is akin to the popular arrangement of hecho derecho, i.e., “everything’s in there.” Most importantly his intervention suggests any recalcitrant would go nowhere since a judge is already untangling their differences. Going to court is an exercise in futility and may only antagonize the judge. His influence in the Hall of Justice could not simply be ignored. All he had to do was to draft all the legal papers with his stenographer and had them notarized. Compared to a transaction in Manila, one in Cagayan doesn’t have to be incubated that long because that was the only transaction anyway. In no time at all, the buyer was handing a manager’s check to the squabbling heirs. Waiting for the parties to get settled, they engaged in small talk. De Borja bragged that he had good connect in Malacanang. Was the judge interested in getting promoted? That was during the Ramos administration and the Firm was also well-entrenched. It was the first time that de Borja dropped the name of Pancho Villaraza. He said de Borja didn’t have to bother. Deep down he felt slighted by the impertinence and presumptuousness of the man. Who did he think he was? Hadn’t he cultivated his own network all the way to Malacanang? He had his own share of hotshots who were willing to bankroll his appointment to the appellate court. But he didn’t want to dismiss the man outright. A sizeable contract was on their hands for disposal. De Borja was just one low-life who believed that rubbing elbows with the bigshots was a diploma for having arrived. The judge thought that he wouldn’t be surprised if this guy would again surface later on and boast for being an emissary of a litigant.

After the closing of the Cagayan de Oro land deal, he was called by de Borja to meet him at VIP Hotel along Velez Avenue to have coffee with him. There, de Borja handed him a short Manila envelop with crispy three hundred one thousand bills. He thought that his share was too minuscule compared to the 3% this dreg earned in the transaction. The man had short-changed him. To this day, he nurtures some resentment against de Borja for having arbitrarily fixed his “legal fee”. Pueblo de Oro Golf and Country Club located at the erstwhile 400-hectare Roa estate today commands a P1.2M membership with playing rights.

Truth to tell, he doesn’t like the personality of de Borja. For one, he repels him. To him De Borja’s face looks like a wily green lizard with that blank stare and expressionless eyes. When the guy’s lips break into smile, the eyes are left to their own devices. There’s too much contraption in de Borja’s demeanor. As a trial judge, de Borja is one witness a lawyer should not rely on or the case bombs. To him de Borja is just a grizzled bounty hunter. He fixes deals and he seems always to be in the middle of them. His connection seems deep and he boasts of acquaintances that are practically a who’s who in Philippine professional and business sectors. Ticking his fingers de Borja counts the multi-million contracts he recently clinched. He says the Ramos administration is the best so far because of the real estate boom in this country. De Borja was grateful he met the good judge personally and ironed out a pesky land deal. In the future, he assured him, they’re going to seal another multi-million peso deal. That in itself made de Borja a fair weather friend. Friendship is cultivated for economic value. Ironically, he is ambivalent about de Borja now. For one, this man at this time is a valuable messenger. But he has learned from his coyness. He is no longer the three hundred thousand-peso man. “If he asks me how much does it take me to go his way, I’ll answer P50M”, he thought. “Mihangyu ug cuarenta y nueve, sapol!”

Twice he ignored his vibrating handphone. When he checked the caller, it was the number of de Borja. On the third time, he decided to pick up the call. His contrived unavailability is one message to de Borja, that like the latter, he too has arrived.

“Hello?”

“Justice, si Francis ito. Kumusta ka na? Matagal din tayong ‘di lumabas!”

“Oh, Francis, this is my fourth phone. Madalas mawala kasi, naiiwan ko kung saan-saan. Buti nakuha mo number ko?”

“I called up Evelyn (Roa Clavano) and asked your number. Mahirap namang tawagan kita sa landline.”

“Yup, madalas kong kausap si Evelyn sa Cagayan. Anong atin?”

“Mabuhay ka, Justice.”

“Why did you say 'Mabuhay'?”

“I just want to let you know that the Makati Business Club is happy with what you did.”

“Why, what have I done?”

“Di ba isa ka sa pumirma ng TRO?”

“Yes, in fact, I am the Acting chairman of the Division.”

“Mabuti hindi ka na pressure.”

“Ay Francis, you have no idea of the pressures I am undergoing from the government. I voted according to my conscience.”

“Saludo talaga ako sa ‘yo”

“Ano balita?”

“Wala naman, baka lang kasi makapagnegosyo tayo.”

“All the time. Just call me up.”

“Sigue. Mabuhay ka Justice!”

He hit the red button while the last word of de Borja was still audible. He felt a chill down his spine. For no reason at all a trickle of sweat fell from his unruly false bangs. De Borja wouldn’t call for no reason at all. This time, de Borja is in for a big surprise. He is no longer the promdi judge. In this brewing controversy between the President of the Republic and the giant electric power company, he is virtually the sun where all these personalities, major and factotums, revolve around. There is one hitch however. He is not the only one who craves for the limelight. His destiny is in danger of being derailed. The chair of the 9th Division and the ponente of the TRO, Justices Bienvenido Reyes and Vicente Roxas, want him expelled from their division. De Borja’s phantom seems to dissolve into the light when J. Reyes suddenly appear in the horizon to reclaim his chairmanship. He knows J. Roxas, a dyed-in-the-wool Sigma Rhoan, and appointed in the appellate court only on February 6, 2004. At that time, the Firm was the unofficial Commission on Appointments of Malacanang. Nonong Cruz, a fellow Sigma Rhoan, was the Secretary of National Defense. He found solace however in the novelty of the issue. Section 1, Rule VI of the 2002 Internal Rules of the Court of Appeals, as amended, which says: “Justice Assigned for Study and Report. - Every case, whether appealed or original, assigned to a Justice for study and report shall be retained by him even if he is transferred to another Division in the same station,” is still virginal in the law books. The lawyer in him told him to hang on to the chairmanship. His protestations might enrich this third world country jurisprudence. In the event of a high court appointment, his colleagues would find it hard not to sustain him. But something disconcerted him. He remembered de Borja dropped the name of Villaraza, the senior partner of the Firm in the thick of Heirs of Roa- Investment and Capital Corporation of the Philippines (ICCP) negotiation. Three things bothered him: J. Roxas is a Sigma Rhoan; was only appointed in 2004, prior to the Presidential elections when the Firm called the legal shots in San Miguel; and on May 30, 2008 he personally brought to J. Sabio’s office the draft of the TRO. One doesn’t have to be Sherlock Holmes to figure out the tentacles of the Firm on the case.

De Borja never called during the entire month of June. The appellate court was embroiled in turf war. J. Roxas suddenly became scarce thinking these differences would soon be ignored. Nobody in his right mind is going to blow the whistle on them. But J. Sabio knows J. Roxas keeps the bigger bag. The signature of J. Roxas was the give away. Meralco has already got the services of the Firm.

Robinson Mall looms along the historic Ermita District. This landmark has been his refuge for the last nine years. Its pipe in music soothes him. He’s a great fan of Dean Martin. Grudgingly, he trod towards the Gokongwei edifice humming his idol’s undying signature song “Sitting on the Corner.”

Standing on a corner watching all the girls go by

Standing on a corner watching all the girls go by

Brother you don't know a nicer occupation

Matter of fact, neither do I

Than standing on a corner watching all the girls

Watching all the girls, watching all the girls go by

I'm the cat that got the cream

Haven't got a girl but I can dream

Haven't got a girl but I can wish

So I'll take me down to Main street

And that's where I select my imaginary dear

Standing on a corner watching all the girls go by

Standing on a corner giving all the girls the eye

Brother if you've got a rich imagination

Give it a whirl, give it a try

Try standing on a corner watching all the girls

Watching all the girls, watching all the girls go by

Brother you can't go to jail for what you're thinking

Or for that wooed look in your eye

Standing on the corner watching all the girls

Watching all the girls, watching all the girls go by

Descending from the steps of the old Court of Appeals building, he looked at the direction of Roxas Boulevard. The July sun was always behind some dark and foreboding clouds. He drew a deep sigh. He looked back at the Parthenon-like Doric architecture behind him. Was it the image of Icarus gazing back at him? His shoulders stooped as if conceding that he was just passing thru this great institution where once jurists of note sat and wrote immortal legal disquisitions.

“Brother you can't go to jail for what you're thinking

Or for that wooed look in your eye”

--------------------------------------------------------------------------

Justice Sabio and his antagonist Francis de Borja (in italics), separately under oath, recalled the following exchanges that took place on July 1, 2008:

“Justice, pwede ba tayong magkita? Importante lang.”

“But I have classes from 6-8 o'clock tonight.”

“Pupuntahan na lang kita pagkatapos ng klase mo.”

“Sige, pero hindi ako magtatagal. Kasama ko and aking asawa at anak.”

xxx

15. On that same day, by the time I had finished my class at 8 p.m., Mr. De Borja was already waiting for me at the Lobby Lounge of the 3rd Floor of the Ateneo Law School. His first words to me were: Alam mo Justice kung sino ang kasama ko ngayon sa kotse? Si Manolo Lopez.

• Then he said: Noong tanungin kita at sinabi kong "Mabuhay ka Justice," si Manolo Lopez and katabi ko noon. Papunta siyang America, kaya ako na lang ang pumunta dito para makiusap sa 'yo. Alam mo, itong kaso na ito is a matter of life and death for the Lopezes. And alam mo naman what the Marcoses did to them, which is being done now by the Arroyos.

• At that point he mentioned the impasse between Justice Bienvenido Reyes and myself. He said: Alam naming may problema kayo ni Justice Reyes tungkol sa chairmanship.

5.1.1 Justice Sabio confided that he was the Acting Chairman of the Division hearing the case but that he was very piqued with the regular Chairman of the Division, Justice Bienvenido Reyes, who was exercising efforts to reclaim his seat.

• I was surprised how he came to know about it, as this was an internal matter of the Court of Appeals which only happened fairly recently and many associate justices of the CA were not even aware of this. Just the same, I explained my stand and why I could not relinquish the chairmanship to Justice Reyes.

15.1.2. Justice Sabio mentioned the following reasons why he thought he should remain the Acting Chairman of the Division hearing the Meralco/GSIS/SEC case:

15.1.2.1. He had signed the temporary restraining order issued in the case. He said “hindi bale sana kung hindi ako ang pumirma.”

• He then replied: Alam mo, Justice, ang opinion dito ni Nonong Cruz ay i-challenge ang stand mo. Kaya lang, mayroon namang nagsabi na it might become messy.

• Then he bragged to me: Ako din ang responsible sa pag-recommend at pag-hire ng Villaraza Law Firm.

16. Justice Sabio then told me about the blandishments coming from the government side. He said that he was being offered a promotion to the Supreme Court and money to favor the GSIS position.

• Then he explained that he was there to offer me a win-win situation.

• He said: Justice, mayroon kaming P10 million. Ready.

15.1.2.2. In the last few weeks, he had conversed several times with the said regular Chairman of the Division, Justice Bienvenido Reyes, but he groused that “walang sinasabi sa akin yun pala gusto niyang bumalik. Why did he not say anything to me? Parang trinaidor ako.”

15.1.2.3. Justice Sabio added that he was very suspicious of Justice Reyes’s motives. “Why does he want to come back? Siguro meron silang gustong gawin dito.”

15.1.2.4. He mentioned that “Justice Cruz” who had issued a ruling on the matter to the effect that he (Justice Sabio) should give way to Justice Reyes was even “junior” in rank to him. He commented “Insulto sa akin yan.”

15.1.2.5. He said that he had consulted other colleagues in the Court of Appeals and that they had told him that he was in the right and should stick to his guns.

15.1.2.6. He said he had two children who are both lawyers and he had discussed this matter with them and they had likewise advised him not to give way.

15.1.2.7. He vowed that he would hold on as Acting Chairman of the Division for the case even if he had to elevate the matter to the Supreme Court.

16. At that point, I was shocked that he had a very low regard for me. He was treating me like there was a price on my person. I could not describe my feelings. I was stunned. But at the same time, hindi ko rin magawang bastusin siya because I had known him since 1993 and this was the first time that he had ever treated me like this, or shown that he believed I could be bought.

• So I just told him: Francis, I cannot in conscience agree to that.

17. I was nonplussed by this last statement since Justice Sabio had just expressed suspicion about the motives of Justice Reyes and other Division members in their wanting Justice Reyes to resume the chairmanship of the Division. He, in effect, had just given me his motive for wanting to remain as Acting Chair of the Division.

18. I concluded that this was probably the reason why he was hanging on so desperately to the Acting Chairmanship of the Division. If he would give up the said Acting Chairmanship, he would lose his chance for a Supreme Court seat and the promise of monetary consideration.

• His answer was: Sabi ko na nga sa kanila, mahirap ka talaga papayag. Kasi may anak iyang Opus Dei. Numerary pa.

• At this point, I just wanted to leave, so I told him I could not stay long. I told him my wife and lawyer daughter were waiting.

• Even then, he was already insistent. His parting words before I left were: Just think about it, Justice.

19. I had been appalled from the beginning by the way GSIS and the government were going after Meralco. I told Justice Sabio that it was obvious that the government was doing this in retaliation for the news coverage by ABS-CBN of the Administration. I then asked him “what would it take for you to resist the government’s offer?”

20. The response of Justice Sabio was “Fifty Million.”

21. I was so taken aback by the answer of Justice Sabio and the huge amount he had mentioned that I was at a loss for words to say. After regaining my composure, we made our goodbyes as his wife was already waiting for him in their car.

17. When I went down to the car park, I told my wife and daughter about what Mr. Francis De Borja tried to do to me. Both of them got angry and insulted on my behalf. They likewise expressed the sentiment that, although we did not know him well, we thought he respected me as a person. I also told them that Mr. Francis De Borja bragged to Manolo Lopez of his perceived closeness to me at pinapaniwala niya siguro si Manolo Lopez na kaya niya ako.

18. At this point, I thought I had made myself clear to Mr. De Borja that I was rejecting any offer. But Mr. De Borja would not quit. A day or two later, I found out that Mr. De Borja called up our mutual friend in Cagayan de Oro, Mrs. Evelyn Roa Clavano. He actually urged Mrs. Clavano to ask me to give way to Justice Bienvenido Reyes because they cannot be sure of me.

19. I found out about Mr. De Borja's call because a few days after that meeting, I had called Mrs. Clavano about some personal matters. It was during that call that I was again shocked to learn that Mr. De Borja had called her. She told me she was also shocked that Francis De Borja had the gall to ask her to convince me to accept the bribe. As we speak, Mrs . Clavano is finalizing her affidavit on the phone conversation she had with Mr. De Borja and this statement will be faxed to me within the day.

20. Again, I was still of the opinion that since I had given a firm NO to his offer, I thought the matter had already been settled. Mr. De Borja, however, kept pestering me with phone calls and text messages. On this point again, I challenge him to produce his phone records to disprove what I am saying.

21. By this time, I had begun to feel oppressed by his pestering. I called him up to tell him once and for all to stop pestering me. Let me say again: I never initiated the calls to him except this single time after he kept pestering me with his text messages.

• When he answered the call he said: Mabuti naman Justice tumawag ka, kasi malapit na ang deadline ng submission ng memorandum. Pinag-isipan mo bang mabuti ang offer namin? Kasi sayang din kung di mo tatanggapin, Kasi kahit aabot itong kaso sa Supreme Court, matatalo ka din. Sayang lang 'yung P10 million. Baka sisihin ka pa ng mga anak mo.

• Again, I was shocked at the things he was saying, and could not believe he would repeat an offer which I had already rejected. I repeated my "NO." And then, because his insistence seemed to me like he could not understand why I kept saying "NO," I tried to explain: If I accept that, my conscience will bother me forever. How can I face my wife and two daughters? One a lawyer and the other a Numerary member of Opus Dei? And besides, how can I reconcile my being a member of PHILJA's Ethics and Judicial Conduct Department; being a lecturer of the MCLE; and being a Pre-Bar Reviewer of the Ateneo Law School on Legal and Judicial Ethics?

• At that point, he told me: Wala naman kaming pinapagawa sa iyo na illegal, eh.

• And he added: You know Justice, after two or three weeks,

makakalimutan na ito ng mga tao.

• And he said: Meron naman diyang mga Atenista na tumatanggap.

• I told him: I don't know about them, but I am different.

• Then he said: Well, if you will not accept, we will be forced to look for other ways.

• Then I told him: But they will have to contend with me.

• As a parting statement, he said: Justice, no matter what, saludo talaga ako sa iyo.

KIDSPEAK IN THE BENCH

Raging in the papers is the ongoing investigation by a select panel designated by the Supreme Court to look into the revelations made by Justice Jose Sabio that a bribe offer of P10M was dangled to him by a gofer of Manolo Lopez, the President of Manila Electric Company. The High Tribunal gave the probe squad until August 21, 2008 to wind up the investigation and submit its findings.

The panel ended its inquiry on August 30, 2008 and has submitted its findings to the High Court which calendared it for deliberation on September 9, 2008. Shortly thereafter, a decision shall be announced. Already, scuttlebutt has it that about seven members of the appellate court are up for replacements.


GRIZZLED PROBERS


The Investigatory Panel is composed of venerable former justices of the High Court. It is chaired by former Justice Carolina Grino-Aquino, wife of the late Chief Justice Ramon J. Aquino. The panel counts on ex-Justices Flerida Ruth P. Romero and Romeo Callejo as members. Justice Grino-Aquino strikes fear among the parties involved. She has the track record of meting out stern penalties upon the culprits. Especially in cases involving the integrity of institutions like the courts, the bar and the legal profession. She first headed a panel that investigated the 2003 Bar Examinations scandal. On the basis of admissions from those who were summoned, one lawyer was disbarred and the honorarium in millions of pesos allotted for the bar examiner Marcial Balgos who committed the gaffe, forfeited, and was severely admonished for being reckless. The young lawyer who was disbarred testified that he downloaded the bar examinations from his computer owing to the interconnections of all computers in their law office, Balgos and Perez. He justified his action by telling the panel that he just wanted to help a fraternity brother who was taking the bar for the second time. It was not his fault he said when his intended recipient had it reproduced for the benefit now of his alma mater. While he said that there was no pecuniary gain from the misdeed, the panel did not believe him. On top of the disbarment, the ex-lawyer now faces a string of criminal cases.


From all accounts, there were surprising admissions made by those who were called to testify. PCGG Chairman Camilo Sabio justified calling his brother Jose to favour GSIS to champion “social justice”. He said that Meralco has victimized the unknowing public by its unconscionable systems losses since the Lopezes acquired the power company. That, to him, is “social injustice”. He doesn’t see anything wrong in convincing his brother not to sign the temporary restraining order against the Securities and Exchange Commision and GSIS. Atty. Jesus Santos, the First Gentleman’s lawyer, owned up to calling Camilo to ask some legal advice concerning the pending case between GSIS and Meralco on account of his being a Director and does some legal jobs to GSIS. These admissions were on top of the super admissions in the heat of the exchanges among the main protagonists. The panel allowed the parties to submit their own sworn statements subject to cross examination by those mentioned or alluded to in the affidavits. Presiding Justice Conrado Vasquez, Justices Bienvenido Santos and Apolinario Bruselas complied as well as the rest.


FOR THE BOOKS


Already, the commission cuts itself above the congressional committees which called on innumerable investigations of various corruptions in the Executive branch that essentially ended nowhere. Interestingly, the media lapped up the exchanges between the probers and the probed. The proceedings were on high notes of the never before disclosed labyrinthine trip of a special case taken care of by no less than a member of the Court of Appeals. The public was amused by the human drama in the sad spectacle.


First, there was that curious description given by one justice to another when they met inside the hearing room provided by the Supreme Court in Padre Faura. There was that furious trade of discourse in the media as to the propriety of the use of the word “Dedma” by a Justice of the CA in describing her encounter with her fellow protagonist. Even Justice Sabio borrowed the term “Dedma” to describe how he behaved when he met his tormentor, Francis de Borja. A certified linguist came to the rescue of the warring jurists. He opined that the use of “Dedma” descriptive of an encounter with another, should by no means denigrate the persons who uttered it. Language, he said, is in constant flux. We should welcome new terminology or expression no matter how crude it is as long as a great number of our people understand its use. It is the beginning of the birth of a new word added to our ever evolving lexicon.


Second, as if “Dedma” was not enough, Justice Myrna Dimaranan-Vidal christened Justice Vicente Roxas as “Denial King”. It is reminiscent of showbiz term descriptive of a couple who deny their amorous relationship. It was when Roxas made circuitous explanation on why he lugged the entire expediente of Meralco vs. GSIS when he brought the draft decision to Vidal’s room for signature, a curious actuation of a ponente. According to the lady justice there was no request from her office for her to look at the draft decision and the many other lies, according to the lady justice, uttered by Roxas.


Third, Roxas elevated Penguin, the reviled Batman and Robin nemesis, at par with Wigmore, Manresa, Black, or Colin Y Capitant noted legal commentators. He said that he should not be faulted for being too supercilious in his safekeeping of the case records. Litigants now are bent on getting inside information on the status of the cases pending before them. They even go to the length of rummaging thru the garbage of justices just to have a peek of the decision from discarded or shredded drafts. It was Penguin, according to Justice Roxas, who cautioned about how one disposes of his refuse. That elicited amused reaction from Justice Romeo Callejo, panel member, who asked “what about Batman and Robin? Have they also made some kind of advice to that effect?”


WAS THE FIRM IN THE THICK OF THINGS?


Atty. Santos made a feeble shrift at the Firm. He confessed that he was troubled by the fate of the Meralco petition before the Court of Appeals. He came to learn he said that the lawyer handling the case is Sonny Marcelo, the former Solicitor General and Ombudsman of GMA, and who never lost a single case. Santos advertence to Marcelo was an attempt to corroborate the statements of the hip-shooting GSIS counsel, Atty. Estrella Elamparo. It was a legal strategy to drag the Firm into the controversy. It was thought to be a brilliant idea of brinkmanship: attributing a statement from the lawyer of the First Gentleman, risky, yet persuasive in its objective. Now Santos has the enviable reputation in legalandia as the stupidest lawyer there is. But the panel ignored the association. It wound up the inquiry and went on to write its report. All the more Atty. Santos unwittingly added luster on the Firm’s myth. The Firm is indeed peopled with sleek intelligence and incredible luck. It looks like the world is falling, and yet the Firm is having a ball. Stories flew that when the news exploded about the victory of Meralco at the CA courtesy of Justice Roxas, the Firm threw a party in its Makati office attended by the Lopez family members until the wee hours of the morning. Within half a kilometre radius, the ponente was at rest in luxury. There were no self-congratulations. Just plain ole good time and nervous laughters. Yes there will be MRs they say, but the CA seldom changes its mind. So GSIS guns towards the Supreme Court, and the Firm says, they can do so for all it cares. Yet somewhere something feels terribly wrong. Is the Firm ready for the fight of its life? GMA is in the palace for yet another two years. What if her minions give her a new aquarium that is the parliament?


When Justice Sabio went to town to tell his story, the Firm’s smile vanished. In its place, the Firm wore the face of trepidation. Some associates thought that it was the beginning of the end. But the big boys of the firm went on pr blitz. “Hindi na trabajo ng abogado toits. Let’s hire the best spinmeisters money can buy.”


WE ARE THE VICTIMS


We see these grown up men and women, all learned in the law and molded by experience, reduced to little kids. From where they sit, they conjure up fantastic raison d’être for their actions. They want the panel to look at them as wise and erudite men and women who have nothing on their minds but the good of this country. They all say they are all guilty. But there seems to be more to what they have done. If they were all in that nightmare, may the panel lend its sympathy of waking them all up? The judiciary as an institution is abstract and meaningless. Its dispositions are nothing but a dart board. While they are, all blood and sinews, the Sabios, and the Vasquezes, and the Roxases who have achieved the heights of their careers denied to millions of us.


And thus spake Jose, Vicente, Myrna, Estrella, Conrado, Bienvenido, Apolinario, Francis, Camilo, and finally Jesus. As Nietzsche said, “What then is truth? A mobile army of metaphors, metonyms, and anthropomorphisms — in short, a sum of human relations, which have been enhanced, transposed, and embellished poetically and rhetorically, and which after long use seem firm, canonical, and obligatory to a people: truths are illusions about which one has forgotten that is what they are; metaphors which are worn out and without sensuous power; coins which have lost their pictures and now matter only as metal, no longer as coins. We still do not know where the urge for truth comes from; for as yet we have heard only of the obligation imposed by society that it should exist: to be truthful means using the customary metaphors - in moral terms, the obligation to lie according to fixed convention, to lie herd-like in a style obligatory for all…”

PLEBISCITE MATH

On August 19, 2008, the birth anniversary of MLQ in Quezon Province (where it’s a holiday), we deem it opportune to launch our baby, the SAVE QUEZON PROVINCE MOVEMENT. It is now a body corporate, no less than registered with the Securities and Exchange Commission. As a corporation, it is now what the lawyers call - a juridical entity. By way of digression, why doesn’t the GRP, that’s the government of the Republic of the Philippines for you, just create a corporation under the Corporation Code instead of embellishing the MILF with high fallutin’ legal terminology, christening (they might issue a fatwa against us for this!) it Bangsa Moro Juridical Entity, and in the process shooting itself in the foot?

We invited various media representatives on the occasion. A good number of student leaders from the state universities from Lucban and Lopez and from private schools in Lucena City attended as well. They fielded interesting questions that crystallized the countervailing reasons necessary for the electorate to make an intelligent choice hopefully. The students really are more of our target sector owing to their idealism and interest on issues rather than personalities. More questions of the implications of the division cropped up. They confessed that they emerged wiser from the brief symposium.

A great number of the media attendees however were sceptical as usual about the viability of the movement to counter the inevitability of finally dividing Quezon Province into two: Q del Norte and Q del Sur. Or to those who are uncomfortable with the Spanish language, Northern Q and Southern Q. They told us that what we are facing are the formidable mean machines of the two kingpins from the 3rd and 4th Districts, Congressmen Danny Suarez and Erin Tanada. These local leaders are not about to be embarrassed by this ragtag and impoverished team. Or so they thought.

We introduced the officers that make up the leadership of the movement. The initial reaction was short of violent because some of us are identified with the Capitol Occupant. John Bello being an assistant at the office of the press officer in the Office of the Governor; Hobart Dator as the brother of Lucban Mayor Apin Dator and brother-in-law of congressional hopeful Victor Reyes of San Narciso who challenged the Suarez old man (his followers call him reverentially as the Big Boss) from the 3rd District; and of course this writer who has done some yeoman’s legal assignments by the victorious gubernatorial candidate last May, 2007.

The composition seems suspect of the invisible hand of the sitting governor. But one thing bothered them. RPN is one of the authors of the law slicing Quezon along with his ally Congressman Procy Alcala and bedfellow Erin. They smell of a brewing proxy war in the coming plebiscite. But they also smell the awkwardness of the situation. It would be different if the governor outed himself against the division if the main proponent is Suarez by his lonesome himself. But Erin Tanada has already fired irrevocable declarations for the geographical divorce and has already spent good fortune thru his district engineer Ronnel Tan parlayed to the local officials sending home the message of Tanada as a strong proponent of the law. Remember that it was only he who brought the law before the Senate Committee on Local Government. His appearance, as if on cue, cut the proceedings’ corners. Who would dare cross the young Tanada in the presence of his grand old man’s soulmate Joker Arroyo? The law no longer passed the final reading. The second and third readings were lumped into one. The journal keepers made these legal requirements looked complied with by making it of record that the law did so. It eventually morphed into law without the signature of the President baptized as RA 9495.

What we are saying here is that the governor does not have to be told about the interest of Erin in seeing the final objective of the law. With a twist of fate, a congressman elected as governor, some perspectives were changed. Was it President Quezon himself who said, “only fools don’t change their minds?” The governor is no fool. His allies can’t read his body language and that pains him. The Suarezes, having been foiled in the governship, want an overwhelming vote of affirmation for its ratification. The stakes are indeed formidable. We are unwittingly gifting that family some kingdom come.

First, the new province needs a capitol site. Stake number one is a budget of P1B for acquisition of land and construction of administration buildings. With the rising cost of construction materials, an escalation clause of 20% looks reasonable. When one looks at the SOP at another 20%, then a good picture of the first benefit is not hard to think about.

Second, the operation of the Small Town Lottery. We know that the franchise holder of the STL is our kababayan based in San Pablo. She counts the good bishop of Lucena as a strong advocate of the now legal lottery for the masses. Once Southern Quezon gets its new boundaries, its new undisputed king will now exact a pound of his own “boundary”. The franchise of the Lady from San Pablo ceases at the tie lines in Atimonan and Padre Burgos. “Wala na tayong pakialaman, ika.” A gaping hole in the pocket stares the Lady in San Pablo. From the STL, the governor can demand a monthly intelligencia of P1.5M. What about the other officials like the Sangguniang Panlalawigan, the PNP Provincial Director, the mayors and so on down the line.

Remember that with the advent of a new LGU, we have the same duplicative officials. If the operator can afford to set aside these mindboggling monthly retainers, think about the gross income from the franchise! Why not be the owner-operator himself? Just like the district engineer or the contractor who became wiser. Instead of making a fool of himself to the politicians (running errands and picking the endless tabs), why can’t he seek the elective position himself? It’s all money anyway. Just like the bees, local leaders swarm around generous political patrons. Look at Nani Tan of Aurora and Bon Bon Villasenor of Lucban. Easily the operator earns a gross income of P50M a month. The operator takes care of the national and local intelligencia and still keeps a sizeable net. Think about the networth of the conjugal partnership of Bong and Lilia Pineda of Lubao, the hometown of GMA. This husband and wife team was able to elect two Presidents of this Republic already. While they appear a grovelling couple, some political beneficiaries already felt the discomfort of their gaze. “We made you! And don’t your forget that!” Erap conspired with Atong Ang in drafting the precursor of STL: the Bingo Two Balls. That early, Erap wanted the Pineda couple decommissioned. Ironically, Lilia failed in her quest for an elective position in Pampanga having been upended by a miracle that is Among Ed. Throwing just half of the gross to the crocs, the beast-tamer still manages and richer by about P25M a month. Not bad by any standard. That’s P300M a year, baby.

Third, how about the 20% development fund from the IRA? Let’s say that Southern Quezon gets half of the P900M original IRA, the new province retains about P450M a year. It’s doubtful however if Southern Quezon gets that amount. The Union of Local Authorities of the Philippines has voiced serious objections in the spate of LGU creations. The more there are LGUs, the more are eating on the common pie that is the annual IRA. It results in diminished IRAs. RA 9495 defeats the purpose. What takes the cake, no pun meant, is that the local messiah looks at the SOP (read: cut) from the 20% discretionary fund. Since the Big Boss is habitually on the take from the CDF, the 20% development fund is just another trust fund at his disposal. “Giving is an art, ika“. If the 20% DF is further chopped by 20% SOP, the new province is at least left with P63M a year divided up by 22 towns. Go figure. So where’s the development there? It’s personal development that seems apparent.

Fourth, since we (the dynasty) call the shots in Southern Quezon, why not create new congressional districts to bring further developments in the new province. Southern Quezon will just have 1st and 2nd congressional districts from the old 3rd and 4th. All they have to do is file a new bill proposing new districts and relaxing further the requirements for their creations. Their congressional confrere won’t object. Anyway these are bills of local applications. They won’t affect their own agenda. Besides, pay it forward. Maybe next year it’s our turn for a favor. And a host of others. Eventually we find ourselves being “served” by the entire family from Unisan. One family member can put up his residence, a multi-million mansion, in Gumaca or Lopez or Calauag and run uncontested as congressman or assemblyman (where we to phase out the cursed Presidential system and turn Parliamentary).

Now that the stakes are made clearer, we go now to the battle royale.

The sitting governor does not want his territory diminished. And for good reason. Having seen and wielded the gubernatorial powers broadened his perspective. After all there is nothing spectacular about the size and configuration of the province. 39 towns and 2 cities are chicken feed. With the advent of information technology, of which he is immersed being an engineer, the province appears small and can be micro-managed by a hands-on Governor. He has with him the complete directory of the telephone numbers of the local officials from the mayors down to the barangay tanod. The next project that he has in mind is to wire up all the municipalities so that teleconferencing in real time can be achieved wherever he is.

Recently, Lee Hsien Loong, the Prime Minister of Singapore talked about the timeline of today’s technology. According to him with the stride of modern information technology, one year today is equivalent to 7 years 10 years ago. Obsolescence is the name of the game. In other words, 5 years today means 35 years in technological standard. Such that if we waste one year, we in effect lost 7 years. While IT brought tremendous impact on development, there are pitfalls nonetheless. He cited the cases of Korea and China which have the most number of internet users. Just recently these two countries were mired in internet hoaxes devoured as facts by a great number of their population. PM Lee reminded his countrymen that they could not afford to waste time just like the Koreans and Chinese who swallowed hook line and sinker dubious internet information that proved to their undoing. He never referred to the Filipinos as the worst Asian wastrels who drained away 25 years of their wretched existence blasting each other since the death of Ninoy Aquino. Come to think of it, since 1983, we lost 175 years in real time. No wonder we are the basket case in Asia.

Going back to the battle royale, the sitting governor has enough logistics to mount a crammed campaign to get the NO votes going his way. Quezon Power Plant pays an annual land tax of P240M. Team Energy paid goodwill money of P400M just recently. On the assumption that he saved P150M from these collections, all he has to ask from each barangay captain is to produce a minimum of 60 votes for NO in exchange for P10, 000 with the prospect of bonuses if the barangay chief exceeded the governor’s expectations. In the plebiscite, we don’t expect the entire province to participate. We have 800,000 registered voters. In regular elections, our turn out is only 80% or 640,000. By experience, plebiscites in large measure don’t interest the voters because no personalities are involved. As a rule, we are not issue oriented. Remember we are not a reading nay writing people and that’s our undoing. Give or take that the turn out province- wide is in the vicinity only of 10% to 15%, that’s 120,000 votes more or less. We have 1,200 barangays. By giving each barangay captain a quota of 60 NO votes computes to 72,000 NO votes. The rest, 48,000 are YES to complete the projected 120,000 turn out. The governor has a secret Plan B. He has the money language. As if the Suarezes don’t know.

Not only that, his argument of non-division is the better argument. One Quezon no matter where you look at it is the better option.

“ONE QUEZON pa rin!”

Monday, May 12, 2008

MANNY'S FAITH

It was 11:15 am when I entered Cinema 2 of Trinoma. The crowd spilled in all its alleys. True to its anticipation of an SRO, the theater management provided monobloc chairs even right in front of the screen. It was the latest fight of the warrior from Dadiangas, the best ex-future congressman General Santos City never had, Manny The Pacman Pacquiao.
What drove Manny fearless in the ring? Doubtless, it is his abiding faith. His faith in his destiny and his god made Manny the best of the best, pound for pound, in his category. His antagonist, Juan Miguel Marquez, is an equally brilliant pugilist, never unmindful of the instructions of his seconds. Both, incidentally, have the same God.
While Marquez has got everything it took, Pacquiao, on the other hand has that undefined faith of divine protection from his heavens.
Upon entering the ring, we see the familiar and too original Pacquiao genuflection. With it, the pugilist summons all the spirits astray in the universe to once again envelop him and fill the empty recesses of his arsenal of might. With it, the Pacman emerges as a new man: invincible, determined, hungry, and never unlike the Crusader, with the singular mission of retrieving his own Holy Grail.That center square is his cosmos, it is his church. All the gods conspire to hand him his legendary victories, one after another.
The Pacman’s punch wallops with all the collective heave-ho of everyone of us. Each of his punches releases some catharsis from all of us. Each of his bruises miraculously heals itself. His foe’s counter punch was just a cinematic effect. Just like the deathless cartoon character, our Pacman can never go wrong. I have never seen nor heard the roar of a teary eyed crowd upon seeing the levelled Mexican.
The Pacman would never go down. It was presumptuous and stupid for Quinito Henson to tell us all to pray for the Pacman’s deliverance in the 8th round. No, the Pacman will prevail. And indeed he did. Pacquiao no longer needs our collective entreaties. He already had them in his bosom. As Anton Chekhov said, faith is an aptitude of the spirit, simply a talent; you must be born with it.
Just like every other fight, the champion hurried up his corner, as if climbing up his own Everest, and with eyes closed, mutters prayers of thanksgiving to his Almighty.
We are all lost in our rambling voyage. Where exactly are we going? Manny the Pacman provides us a simple lighthouse perched on his angular face. It is his faith in something far greater than him. It is his consuming dedication of slaying that gnawing dragon in our collective underbellies. He knows that we have all that it takes. He believes in that smoldering fire in our guts. “Our faith is faith in someone else’s faith,” reminds US President William James.
Now, at least we have something to start on.

Saturday, February 09, 2008

WHERE IN HADES IS HEAVEN

With the proliferation of various faiths, danger lurks on their memberships. Being a dyed-in-the-wool or practicing Sunni or Shiite or Hindi or fundamentalist Christian or Mormon in the mould of Mitt Romney or plain Esperikitik is dangerous to one’s health. To most Republicans, Mike Huckabee’s or Romney’s faith is simply unacceptable.

Being religious is a health hazard. One’s life expectancy, by new reckoning, is determined by religious faith. The idea of being in the midst of a hundred virgins in the after life is too irresistible to some. Who’s got the best, magnanimous, Almighty?

Instead of prefacing one’s prayer as “Oh Dios ko….” it is now politically correct to address one’s Intelligent Architect as “Oh Dios Mo….” That way you skirt the peril of intifadah or fatwa or excommunication or being stranded in the infinite cosmos unable to download to some physical body in the process of reincarnation. There is high probability of reincarnation given the upward trajectory of world population. Being a Chinese or an Indian in the next life has some certitude in it. This early, brush on your Mandarin or Hindi.

Professional Pessimism

Not belonging to one denomination spells eternal damnation. The Iglesia ni Cristo is steep on professional pessimism. They tell you without fail that human life is too frail and you need salvation. All you have to do is sign up with them. Outside of Manalo, you’re a certified Natalo, a loser.

Its founder nonetheless had all what it took: he knew the psyche of the Filipino politician. His block-voting made this religion a by-word by every candidate. With its influence from the Presidency to the Courts up to the barangays, its members are assured of heaven on earth. They practically don’t lose in any election or litigation. Every aspirant who enters the inner sanctum of the Over-all Administrator (Tagapamahala) is photographed and videotaped. The letter request for support is archived and plucked out for future reference once the candidate got what he wanted. Their backing has the psychological effect of being there.

Once the political bet gets INC’s support, its ministers give him the thumbs up with the assurance, “panalo ka na!” Those who failed to muster their support get the salving statement, “mangampanya ka pa, hindi ka matatalo.”

Fear Factor

Doctors tell you that you need immediate surgery to remove what looks like a magnetic resonance or ctscan’s mass inside you or else metastasis comes in. Being labelled a walking time bomb gets home the message that you’re a candidate for surgical intervention. Lawyers believe that a class suit or an injunction is the best remedy pronto or you forever keep your peace and you lose your liberty, property or in case of those destined in the death row, your life. Lawyers and doctors are certified pessimists. Yet, one American super lawyer, by adding in the list an insurance underwriter, said:

I heard the preachers every Sunday: “If you accept Jesus Christ as your Lord and Savior, you will know the unspeakable bliss of eternal salvation. If you don’t, hell awaits.” The insurance salesmen argued the same: “Buy our insurance and you will enjoy security. Fail to buy it - well, can you see your family huddled under a bridge someplace? We’re here to provide peace of mind, ma’am, Blessed security.” It’s easy to sell salvation and insurance. Were it otherwise, the insurance industry and the churches wouldn’t control the major wealth of the world.


Years later as a lawyer. I viewed the insurance companies with their pay-on-death policies and the carnival crooks with their shell games and the Mafia chiefs with their protection scams as all kindred under the skin. They all peddled the same thing - the placation of fear. All understand the dominant motivations of the species - fear and greed. In the end, fear wins out. (Gerry Spence, THE MAKING OF A COUNTRY LAWYER p. 12)

It’s hell or nothing. How does it feel to be grilled in some hot coal deep in the bowels of the earth? Since death is as certain as taxes, keeping the health of your soul becomes a tithe of your earthly time. Hammering on fear means big business. Each religion has its own glossary of mental guillotine. Blasphemy and heresy mean certain death to some faiths. Excommunication or itiniwalag has some cultural and social signification equivalent to ostracism.

Being out of the Faith Means a Meltdown in Hades.

Ely Soriano’s Ang Dating Daan tells us his brand of evangelism has the imprimatur of heaven. His mastery of the Bible is testament to his appointment. His second in command prays deliverance from the oppressive shadow of his boss. Alzheimer’s won’t visit Ely. He jogs his mind daily on the rhythms of the Psalms.

Nobody beats PACQ. His initials almost made it. That’s Davao’s Pastor Apollo C. Quibuloy for you all in caps. He says he is the Son of God. He is short on Bible quotes. But he has a shotgun blast of being outside his flock means, again, professional pessimism tactic; you are an incubator of the serpent’s seed, or whatever that means. His multi-media empire is the Sonshine World TV. His favourite guest is his equally queer Man in the Center of the Universe Davao City Mayor Rody “Deep in your guts, you know he’s nuts” Duterte. His constituent couldn’t get his name right as Rudy as in Giuliani, so he issued a local decree that henceforth his nickname is Rody. PACQ has an unbelievable following all in white. He tells us that if you can’t make heads or tails his kinship with God then Houston you have a problem. Not only Duterte is PACQ’s habitué. You get big political names kowtowing to the prophet.

And we have the religious cults interspersed in Surigao where the Ecleos are lording them over. A law was shepherded in Congress, without any opposition, creating a new political territory exclusively for the Ecleos carved from the Barbers country. Now their Philippine Benevolent Missionaries Association runs undisturbed. Herbie Gomez, Correspondent of The Manila Times recounted:

The PBMA claims Ecleo started his “mission” as early as 1941 when the PBMA founder was still a boy. At eight, it said the boy Ruben had “reached far places on mission” and that he had received “dictations from the spiritual realm” in the mountains of northern Leyte at the age of 11.


He began his “full mission” a year later, when he was already 12.

The “dictations,” accor­ding to the PBMA, came in the form of a voice from Devachan while Ecleo was meditating, surrounded by “pythons, deadly insects, venomous vipers and reptiles.”


Devachan, in Indian, is the equivalent of the word “paradise” to Christians, a second heaven for the soul and a place of rest to Buddhists.


The PBMA also claims Ecleo was guided by the Arhat and taught by the Avatar.


Arhat is a Buddhist term for “worthy one” or “destroyer of the foe (ignorance),” a title given to those who have achieved “Nirvana” which is the state wherein a man is believed to have been freed from suffering or from the cycle of birth and death. In Hindu usage, Avatar refers to any incarnation of the god Vishnu. Used generally, it refers to any descent of a god into the world in human form (June 9, 2002)

Mass Suicides

In March 1997, people found dead bodies in a house in Canada. The house belonged to a ‘New Age' religious cult, the Order of the Solar Temple. Like this group had done before, it was both suicide by cult members, and murder of people unwilling to join them in death.

However, on 26 March, news about a bigger collective suicide replaced this item in the media. In a luxurious mansion at Rancho Santa Fe near San Diego in California in the United States, police found 39 bodies of members of the Heaven's Gate religious organization. Their age varied from teenager to elderly. They included an ex-Miss Rodeo, a former cowboy movie actor, and the brother of an actress in the TV series Star Trek. Some of them were castrated. This was an extreme case of negative ideas about sex, which one may find also elsewhere in occultism, like in the novel The Celestine Prophecy by James Redfield. They wore uniform clothes. After their deaths, purple shrouds covered them.

Heaven's Gate had started in the 1970's. Applewhite, a music teacher then, landed in a psychiatric asylum. Bonnie Nettles was his nurse there. Nettles was a prominent member of the Theosophical Society in Houston, Texas and wrote the astrology column for the local newspaper. Together, Applewhite and Nettles read The Secret Doctrine by Madame Blavatsky, the founder of Theosophy. When Heaven's Gate started, Nettles called herself Shakti Devi. Later, Nettles and Applewhite called themselves Ti and Do. Though they were able to impress small numbers of people with their ideas, they were not good at managing large numbers. So, Heaven's Gate stayed small. They also stayed small because the leaders kept announcing that a UFO would come to take them to heaven very soon. Some followers started to wonder why this was postponed many times. Jonestown was the short-lived settlement made in northwestern Guyana by the Peoples Temple, a cult from California.

Jonestown became lastingly and internationally notorious in 1978, when nearly its whole population died in a mass murder-suicide orchestrated by their leader, Jim Jones. The name of the settlement thus became, also, a term for that incident. The site is now an abandoned ruin.

Named after Jones, Jonestown was founded on his initiative in the mid-1970s, as an agricultural commune. It stood amidst jungle, about seven miles (11 km) southwesterly from Port Kaituma. Jonestown's population was about one thousand, once it was fully established and the bulk of Jones' followers had moved to it, but most of them lived there for under a year.

In November of 1978, United States Congressman Leo Ryan, accompanied by reporters and a delegation of concerned relatives of Peoples Temple members, visited Jonestown to investigate allegations of abuses there. The visit ended in the murders of Ryan and four others by members of the Peoples Temple, shot at the Port Kaituma airstrip as they were about to fly out. That evening, November 18, Jones led his followers in their mass murder-suicide. Somewhat over nine hundred men, women and children perished, Jones among them.

Jonestown was shortly abandoned by the collapsing remnant of the Peoples Temple. Afterward, it was at first tended by the Guyanese government, which allowed its re-occupation by Hmong refugees from Laos, for a few years in the early 1980s, but it has since been altogether deserted.[1] It was looted but otherwise avoided by the local Guyanese, mostly destroyed by a fire in the mid-1980s, and its remains were left to decay and be reclaimed by the jungle.

On February 28, 1993, the United States Bureau of Alcohol, Tobacco, and Firearms (ATF) attempted to execute a search warrant at the Branch Davidian ranch at Mount Carmel, a property located nine miles (14 km) east-northeast of Waco, Texas. An exchange of gunfire resulted in the deaths of four agents and six Davidians. A subsequent 51-day siege by the Federal Bureau of Investigation ended on April 19 when fire destroyed the complex. Seventy-six people, including 21 children and two pregnant women, along with Davidian leader David Koresh, died in the incident. This has come to be known as the Waco Siege or the Waco Massacre.

Does the Divine Architect Play Favorite?

In the movie The Kingdom, a grieving father confronted a Saudi cop, who is obviously a Muslim, and asked the latter if his Allah loves Islamic children more than Christian children. This was in the face of a fictional triple suicide bombing that happened in succession killing hundreds of Americans inside an American residential high security enclave. The cop was dumbfounded and failed to respond. It looks like he is a moderate Muslim who doesn’t buy the fanaticism of a fundamentalist.

Who’s Got God’s Attention?

Talking to God or His equivalent is the most normal thing to do. Spiritual thirst comes naturally. It is Zen, relaxing, and one easy way out from depression. But we are confronted with religious crackpots who lay claim to having talked to God on a regular basis. Does religion really make one an addict to its rituals? A hundred years ago, Karl Marx, upset the religious world with his dicta “religion is the opiate of the people.” Central to Marx’s theory as historian and political scientist is the inevitable class struggle fuelled by the economic inequity. Sooner the elite and the bourgeoisie would melt and get vaporized by the inexorable march of the proletariat. Religion basically is the structural pillar of the Establishment despised by the working class. To a communist, the idea of God is a superfluity. Religion exaggerates the idea of God. In effect, Religion is the first and last Ponzi. Someone said history is the best laboratory to any ideology. The best way to test any ideological deduction is by passing it thru the wringer of history. After 80 years of trying, hard core Communists the likes of Mikhail Gorbachev bowed to the demagoguery of the likes of Boris Yeltsin. The Communists retreated in disappointment.

Marx theory is a figment of his wild imagination. Man has not overcome his spiritual thirst. The idea of God is man’s invisible crutch in his dark journey from birth to death. Just as there are thousands of tongues, there are equal number of divine perspectives. That’s where the trouble is. Who’s got His singular attention? The Jews say that they are it. They have the Old Testament as testament to that. Mel Gibson in drunken stupor accused the Jews as Christ killers. Being sober, he made and directed his version of the life of Christ.

No Messiah for the Jews

Nowhere near is Jesus Christ the messiah the Jews expect. They are still in the preparation of welcoming their own. While Christ is one of them, the Good Book records the derision they inflicted on the son of the carpenter. "Is not this the carpenter's son? Is not His mother called Mary, and His brothers, James and Joseph and Simon and Judas?” Crucifying him the Jews gave him the moniker

IESVS·NAZARENVS·REX·IVDÆORVM, which translates to English as: "Jesus the Nazarene, King of the Jews." For the Jews, they look at Jesus as some kind of a wise man. They marvelled at his intellect, a first of its kind in that epoch. Was he a messiah, a rebel, or a prophet?

A Gifted Child

It looks like the Jews are in awe with Jesus not for anything but a gifted child. The kid manifested a sharp intellect way above the rest. He has an IQ that of a genius. Certainly if we have gifted children now, there are gifted children then. If we have kids gifted with super IQ now, there is nothing spectacular if there are kids born with those same gifts two millenniums ago. Only now we are told that gifted children are easily bored and exhibited behavioural problems. They seem to explode with inactivity.

Highly gifted children tend to be those who demonstrate asynchronous development. Due to their high cognitive abilities and high intensities they experience and relate to the world in unique ways. These children are often found as a result of extremely high scores on an individually scored IQ tests, generally above the 140 IQ range. Others may be prodigies in areas such as math, science, language and/or the arts. Profoundly gifted children can score in excess of 170 IQ.


Highly gifted children demonstrate characteristics such as the extreme need to:

1. Learn at a much faster pace.

2. Process material to a much greater depth.

3. Show incredible intensity in energy, imagination, intellectual prowess, sensitivity, and emotion which are not typical in the general population.


The child of 160+ is as different from the child of 130 IQ as that child is different from the child of average ability. Current research suggests that there may be higher incidence of children in this high range than previously thought. Due to their unique characteristics, these children are particularly vulnerable. Highly gifted children need a specialized advocacy because very little has been done to develop appropriate curriculum and non-traditional options for these children (From the Hollingworth Center for Highly Gifted Children)

But Jesus was not a contemporary of the great scientists like Einstein or Newton or Curie and the rest. The latter had a vast of recorded knowledge before them. Gifted children now are blessed with the vast libraries or technological institutes or the internet. Geniuses now are afforded with laboratories and physical equipment to test their hypotheses. A man trapped in a gifted brain seeks an exhaust valve or they wither. Jesus suffered torment on the regurgitations in his brain.

I was continuing to shrink. To become, what? The infinitesimal? What was I? Still a human being, or was I the man of the future?... So close, the infinitesimal and the infinite, but suddenly I knew they were really the two ends of the same concept. The unbelievably small and the unbelievably vast eventually meet, like the closing of a gigantic circle. I looked up, as if somehow I would grasp the heavens. The universe, worlds beyond number, God’s silver tapestry spread across the night. And in that moment I knew the answer to the riddle of the infinite. I had thought in terms of man’s own limited dimension. I had presumed upon nature. That existence begins and ends is man’s conception, not nature’s, and I felt my body dwindling, melting, becoming nothing. My fears melted away and in their place came acceptance. All this vast majesty of creation—it had to mean something. And then I meant something, too. Yes, smaller than the smallest—I meant something, too. To God, there is no zero. I still exist (Friedrich Dürrenmatt (1921–1990), Swiss dramatist, novelist, essayist)

But since Jesus has no Mensa Workout during his time much less Mensa International to join its ranks for interaction, what is there for this kid to do? He devoured all imaginable religious manuscripts. Remember that there were no scientific manuals then or equivalent books. Maybe he had the manuals of carpentry dating back from his ancestors. Since his medium was wood, it’s a pity that nothing was found of his earliest woodworks, pieces of arts by all measures. All he had was the Talmud or the Mosaic with the Old Testament and Roman laws. Perhaps on the side somebody gave him the books on Isis, Orisis, and Horus of Egyptian mythologies. A genius with a burning mind, Jesus synthesized all these works and came up with an original one. His sermons and parables are first of its kind during his time. People were simply awed. The carpenter’s son can deliver.

LENNONISM

9/11 and the war on terror are the aftermath of religions gone wrong. Even George W. Bush puts some religious flair in his call to arms speeches. From that fateful day of September 11, 2001, how many lives were lost? In the continuing saga of the Palestinian people, who indeed own the Holy Land? In the name of religion, these two peoples are into each other’s neck. This conflict has spread in the Americas, Europe, Africa and Asia. London and Barcelona have their share of grief. Bali mourns the hundreds who died there. In Southern Philippines, how many perished in the name religion. Remember the Juramentados? The US Army was asked to invent the .45 calibre pistol that could stop a charging amok.

The end is still nowhere in sight. President Bush ordered his ‘military surge’ and found it effective. Osama bin Ladin, although on the run, sends religious death orders from the vastness of Afghanistan and Pakistan. Just like the starfish, the Muslim fanatics manage to re-emerge and regenerate with fresh call to war after their religious leaders get killed or erased.

Remember Lennonism? Right after their disbandment, John Lennon wrote his philosophy. Perhaps his friends from the Beatles found the lyrics too radical or too uncommercial as it would block off the conservatives or the Establishment. A slash in the market is not the wise thing to do. Besides, John was too ahead of his time. Yet John Lennon went ahead with his creation, or he go nuts. The boy was another gifted child with so many musical notes and ideas in his mind. Not only did he advocate abolition of manmade institutions that proved banes to human existence, but he teaches us human thought out of the box. For him, and the others before him, human life is a continuing gift and miracle. In the vast unfathomable universe, human life, no matter how lowly, deserves respect.

Hummed it he did, and the song became a masterpiece. Watch the New Year’s countdown in Time Square New York, and 5 minutes before the ball goes down one gets goose bumps when John Lennon’s Imagine dominates the air. The crowd fall silent and instantaneously sing along with the great master.


Imagine there's no Heaven
It's easy if you try
No hell below us
Above us only sky
Imagine all the people
Living for today

Imagine there's no countries
It isn't hard to do
Nothing to kill or die for
And no religion too
Imagine all the people
Living life in peace

You may say that I'm a dreamer
But I'm not the only one
I hope someday you'll join us
And the world will be as one

Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
Imagine all the people
Sharing all the world

You may say that I'm a dreamer
But I'm not the only one
I hope someday you'll join us
And the world will live as one

Saturday, February 02, 2008

AMONG ED, any one?

"Good people are resented for their virtue. And because they make everyone around them feel even worse about themselves, they need to be taught a lesson "

(DOGVILLE, Lars von Trier)

Have we reached the apex of misery that we hate good people all around us?

Good people are certainly dwindling in these parts for fear of being ostracized or worse, mobbed.

Where have all the good people gone?

Are we short of options that we have nothing but the worse of the worst?

Come to think of it, day after day we are told that this country is going in a dead end. We see and hear some characters that don't deserve our attention and yet the media feast on them. Is the media the only profitable ventures hereabouts? What happened to the old fashioned fabricas along the South and North Expressways? Have you noticed that these job generators have long closed shop and moved outside of this country? Now those abandoned huge industrial lots are being offered as one of those malls pock marking our geography, from the Ilocos to Mindanao? How many were laid off from these establishments? Where are they now? We bet they are reading those broadsheets and tabloids telling us how in bad shape we are. Indeed, misery loves company. But the companies are gone!

(Henry Sy is lionized for his success as the Mall King. But have you ever wondered how many thousands of SM workers are yet to be regularized? Staffing agencies rake it up from the sweat of these floating merchandisers.)

More...

A talk show host was telling us why we gravitate towards the public figures be they in public office or entertainment. Why are they hot stuff? It seems that nothing distinguishes these personalities from each other any more. All of them are par for the course insofar as gossip is concerned. It is not news if a public figure observes the daily routine of a common mortal, that is, outbound for the workplace by 6 am and home by 5 pm.

We expect these politicians and entertainment personalities to engage in sybaritic and out of this world gimmicks until the wee hours of the morning. In fact, nothing surprises us anymore if these public officials are caught dipping their hands in the public coffers. What if suddenly we find ourselves in need of their help? Where do we expect them to get what we want from them in the first place? Besides, there is that unwritten law that these public figures must dish out and distribute their bounties or they face the wrath of the electorate for being stingy or suapang.

There is that former Quezon provincial excutive who corners the jueteng intelligencia all by himself and the SOPs from favoured contractors and yet he was not known for his generosity. Boksingero, ika (a closed fist person or tightwad, as distinguished from a Karatista, a person with open palm indicative of open-handedness). He was known for his absenteeism and sloth and earned the monicker Kunat-be-located. This specie of corrupt public official is one the people hate most, because while he feathers his nest to the max, he neither parlays any part of it nor allows anyone near it.

In other words, we don't want good people to rule the roost. Look at Pampanga's Among Ed, the miracle politician. One Yeng Guiao, a basketball coach who still is incredulous of the victory of Father Ed Panlilio, is daily sabotaging the programs of the new Governor. He has enlisted the assist of the local officials, who are dyed-in-the-wool professional politicians (those who rely in politics for a living), to derail the vision of Among Ed, that the latter's crusade is made in heaven.

Ironically, we want them bad, the worst the better, like GMA or Erap, because if we had the chance, we would be like them as well. If they are good, as one journalist once told us, walang delejencia, ika.

There is one big synergy, as these corrupt public officials feed on corrupt media practitioners. One former governor of Quezon had one apt description of these media practitioners: media-media, a play on half cooked condiment or a person masquerading as journalist totally bereft of principle out to make a fast buck.

Have you noticed the swashbuckling members of one well-known family all in one line of investigative journalism or so they thought? They practically cornered this type of television reporting that no one accuses them of cornering the market. They are all over the TV network except CNN, BBC and FoxNews. Once you get a peek at their obnoxious visages and grating falsetto voices, you can switch channels. And they act as if they are God's gifts to Philippine journalism. Aren't they guilty of some kind of restraint of trade? Patay kang bata ka pag nakursunadahan ka ng pamilyang ito. One of them was even accused by one elected official of being in the payroll of their agency when he was its chief for P250, 000.00 a month in exchange of silence or praises, as the case may be. When the payola was withdrawn, incredible thunderbolts were unleashed towards the official's direction. Is there no group in the Kapisanan ng mga Broads that investigates unusual lifestyles of their members? This family, for starters, drive around in a convoy of expensive SUVs. When they hit you, this family throws in the wind the rules in human relations and engages in unbelievable abuse of right trampling on the target's right to dignity, peace of mind, privacy, and personality all in the name of press freedom! ‘Lang ‘ya! Even some members of the judiciary are wary of this pack.

Going back to good people on the way to extinction, please come forward and be recognized. Perish the cynicism from your mind.

We don't believe that we are really going to the dogs. You good people out there don't exist only in the books of JK Rowling or John Grisham. You are flesh and bones worried sick on the fate of this nation. Please come forward and let us together pull out this country from the road to perdition.

Just found this piece in my email courtesy of Atty. Arsenio Lim, Jr., as hot as a hot pandesal yet (mainit-init pa!):

A One-Dollar Moral Crusade Against
Graft and Corruption


Philip S. Chua, MD, FACS, FPCS*

Chairman, Filipino United Network (USA)

How would you like to launch a historical fight against graft and corruption in the Philippines and "buy" back morality in our government --- all for just One Dollar?

You and I have always abhorred the corruption among our government officials in the Philippines, from top to bottom, and deplored the sad state of our country, where more than 70% of our people wallow in massive poverty. While the issue is a complex one, the most obvious etiology of this shameful malady is the overwhelming graft and corruption among our amoral and decadent government leaders.

Would you be willing to invest a dollar --- yes, one single US dollar --- in the fight against graft and corruption in the Philippines?

Our inspiration in this battle is a man of God, the Reverend Father "Among Ed" Panlilio, the newly elected "Miracle" Governor of Pampanga, a man of dignity and integrity.

What happened in that province is amazingly unbelievable. A humble priest, without political experience, without a bank account, without a political machinery, beating two "unbeatable" seasoned, well-funded, and powerful political giants. "Impossible," said the political gurus when "Among Ed" first started his crusade. But the Greater Power above obviously had a grander plan for "Among Ed," and proved the pundits wrong. Suddenly, there was hope for the Philippines.

Armed with his unblemished character, moral ascendancy, love of country, and a strong commitment to honesty and transparency in government, "Among Ed" handily won the election, in spite of widespread vote-buying and rampant cheating. It was evident that a visionary leader with integrity can truly inspire and bring out the best in the Filipino.

The billions of "missing" revenues from the Lahar collection in the past, which Governor Panlilio has exposed since he assumed office June 30, 2007, is only the tip of the iceberg of the invasive cancer of graft and corruption afflicting every level of government in the entire country.


Unfortunately, an honest man makes some people uncomfortable, so there is now a move to eliminate "Among Ed, or oust him thru a Recall, Recount, or, as rumored (hopefully not true), by "Requiem."

One can easily imagine what a man of God, of honesty and decency, of principle and genuine love of country, can do when elected President of the Philippines. A dream, yes. A tall order, definitely. An impossible task? No, not with the Divine Providence, with YOU, and people power on his side!

Governor Panlilio has adopted Gawad Kalinga as the pillar of his vision for Pampanga and the nation. His crusade is gaining speed and momentum, and like Tony Meloto's GK, it will soon be unstoppable. Two giant national religious groups, and many other segments of society, are now supporting "Among Ed." Filipinos around the world are rejoicing and rallying behind him. And we want you to be a part of this historical transformation.

Come and fly high with Governor Panlilio in this moral crusade, to get rid of gutter politicians and immoral officials. Our country and our neglected poor need heroes like you in our battle for morality in government, for justice and dignity for our people. This is, indeed, a revolution. Not a revolution of arms where blood will be shed, but a revolution of ideals and of principle, where dreams and vision, sweat and tears shall bathe the nation clean.

All this crusade needs is your personal commitment and moral support, an investment for the future of the Philippines. Let's not miss this opportunity. Let's use our power to help change our country for the better. The Reverend "Among Ed" Panlilio is heaven-sent and is the hope for our ailing nation.

The Filipino United Network Drive (FUND) for HOPE is a commitment of overseas Filipinos to rally behind the crusade against graft and corruption in the Philippines. We invite you to be a patriot and join us in this historical revolution.

Please make your donation payable to: FUND FOR HOPE, and mail it to: 1830 Mirmar Road, Munster, Indiana, 46321, USA, or, any peso contribution to Buenaventura Condominium, 62 E. Osmena St., Guadalupe, Cebu City, 6000, Philippines.

For your convenience, whichever country you are in, including those in the Philippines, you may also donate thru PayPal with your credit card, a globally accepted and very secure entity owned by eBay. (Please visit www.filipinoUNITEDnetwork.com and click on the orange DONATE button similar to the one below. All donors and amount will be published on this website. No amount is too small or too large for this vital revolution. We are all together in this moral crusade.

More than the dollar, your commitment and support are what we need. Kindly include your full name and email address for our Historical Archive. Be a patriot. This will be the best dollar/peso investment you'll ever make, and help in nation building. Please do visit the FUN website at www.filipinoUNITEDnetwork.com

Each token dollar or peso "invested" symbolizes one Filipino patriot who is coming to the aid of our country, and is committed to support this moral crusade for a better Philippines. More important than the dollar is your commitment and dedication.

The funds we receive will be sent to Kapampangan Marangal, Inc. (KMI), a benevolent group supporting this moral crusade in the Philippines. They will be used to purchase media time and space (local and national newspaper, radio, TV), for printing of flyers, posters, newsletters, brochures, etc. needed in the crusade against graft and corruption, and in fighting the Recall plotted against Governor Panlilio by his political opponents. The Filipino United Network (FUN) is also donating part of the fund for the purchase of computers for public high schools, with programs to educate the students about good citizenship, honesty and transparency in governance, vigilance, voting obligations, self-reliance, industry, and other proactive and progressive disciplines.

Join this revolution, help our country and our people, and leave a proud and lasting legacy for our children and the future generations to cherish with honor and dignity.