Thursday, October 30, 2008

Let's Talk Jocjoc


Former U.P. President (when I was still a student at the State University) and founder of the country's top law firm ACCRA, Sen. Eduardo Angara said that the a revival of the Senate query on the alleged anomaly surrounding the Department of Agriculture fertilizer fund in 2004 might set a bad precedent. He further said that “that is not the rule of law”. (rare photo: Jocjoc Bolante by the Manila Times)

Please remember that former Senator Ramon “Jun” Magsaysay Jr., has thoroughly investigated the controversy in 2006. Because the Senate has submitted its final report, Angara said it is only the Office of the Ombudsman that can now pursue the investigation. The Office of the Ombudsman should file PLUNDER CHARGES against Bolante for diverting the fertilizer fund to several companies instead of giving them to farmer beneficiaries.

OK, before Andros and my readers get all heated up, let me make it clear that our Presidential election is in close proximity and I would presume that “vociferous” Senators are merely posturing for votes. So we see Mar Roxas getting all excited with the Euro-Generals when it is already established (in my point of view) that they are culpable. The Senate is an unfair forum because the person in question is not allowed to have a lawyer- Plus the fact the Senate has become MEDIA'S "haven for intrigues".

Hey, what the Euro-General’s did was an illicit CASH CONVERSION ( I will not go into the modus operandi because it is an unlawful practice. But I assure you, I’ve been there and seen that.). It is no secret dearies, so if the Senators were genuine, they should have legislated measures to end this malpractice a long time ago. So what’s up with Miriam’s discourteous rhetorics against a cabinet secretary may ask! Well, her revulsion for the Puno’s is another story in this blog.

Angara also said the The Senate President has “no intrinsic power” to issue the order. He said it is only upon the recommendation of the committee that a warrant of arrest may be enforced. If the Senate detains Bolante, Angara said there must be a case filed against him. Otherwise, it’s illegal detention. I tend to agree with Angara because I feel the POLITICAL POSTURING- Remember dearies that the top 3 Presidential candidates have guested in the Good Times show and I have yet to see a sincere candidate!

I would suppose that Angara is suspicious of Senators who simply need the EXTRA PUBLICITY to be President!

Lastly is my personal issue on the ROMAN CATHOLIC CHURCH interfering with our political affairs. I already had so much antagonism towards Jocjoc - but the Archbishops meddling with our politics turned me off. No offense RainB but I am presently evaluating Father Romeo Intengan's essay endorsed by the National Security Adviser entitled "AFP: Defefender of the Nation, Guardian of Democracy, and Servant of the People" ( Center for Strategic Studies, Ateneo de Manila).

Frankly, the priests essay on National Defense gives me the creeps!

Friday, October 24, 2008

Vanity- My Favorite Sin!


Correct me if I'm wrong but there is an ancient saying that those whom the gods would destroy they first make all powerful and proud. I hope RainB doesn't accuse me of using metaphors since I'm running out of words (and Andros please support me on this). Once in my life “the gods" took from me what I haughtily thought was duly mine . This place I am is where I started and it is impossible to start from anywhere else- I have no intentions of becoming greater than the hand that feeds me.

Let me narrate to you a story of a self-styled public figure and self-proclaimed crusader Atty Jun Francisco. For my readers pleasure I will mention the prominent Firms' that he worked for -ACRRA… The name alone commands respect, right dearies?

Yes, going through his case with ACRRA, I must admit that the then young lawyers intention looked pretty noble. It took me almost a week to scrutinize the cause of Jun's break-up with "The Firm". Well, I will rely on the "Good Book" to put down moral judgment; "Do not let loyalty and faithfulness forsake you; bind them around your neck, write them on the tablet of your heart."

Our crusader, Atty. Jun Francisco, filed a petition for a TRO against the collection of additional tolls in our public transport system. He did this devoid of his bosses' blessing and even against their wishes, according to my sources. The act may be commendable but to me loyalty outweigh everything else. According to my sources, he claims that this was his first taste of lawyering for the good and benefit of the "public". At any rate, he filed his petition without clearing it with his bosses at ACCRA. Indeed, the young lawyer was able to obtain the TRO- He is sharp and a go-getter.

When the hullabaloo reached his bosses in ACCRA and tittle-tattle about the episode spread around his office like wildfire, the young lawyer was finally called in. According to my sources, when he came to office that day, he was roundly applauded by his co-workers at "The Firm". He thought he had done them great service! But the round of applause wasn't really to praise him. My sources say, everyone was in fact sardonically mocking their young lawyer colleague. He was called straight into his boss' office and was "FIRED", according to my sources.

To this day, he "asserts" that the prestigious law firm was wrong in "firing" him.

Sources tell me that he filed a petition that was totally in conflict with one of the "The Firm's" client- There you go guys, another conflict of interest… The young lawyer perfectly knew this contradiction, yet he still persistently filed the petition. He succeeded in having his first dose of a "media frenzy". But as always, such early adulations especially from media can inflate the ego. Well, the trial that he defiantly undertook without "The Firms" consent cost him his job but he comforted himself with the thought that finally, he got the media attention he so believed he deserved – even at the expense of the law firm he works for.
Yet his "bosses" were kind enough not to run after his license. Nietzsche sums it all up in a famous saying- One who is inconspicuous in dealing with colleagues display his HUBRIS all the more strongly in dealing with things like the city, state and society.

Now it seems to me that vengeance has been consuming him.



Tuesday, October 21, 2008

Gorrells lawyer sued by Crusader or Ambulance C

Last Wednesday, lawyer Ernesto Francisco, one of the private prosecutors who represented the families of Teehankee's victims asked the Supreme Court to nullify the Board of Pardons and Parole's recommendation for sentence commutation and the subsequent grant of executive clemency to Teehankee.

The release of Claudio Teehankee, Jr. caused waves recently. The Hultmans claim they were never informed of the pending release. And yet there appears to be a document they signed signifying their apparent notice. The document was coursed through their lawyer- One Ernesto “Jun” Fransisco, Jr! This same attorney, is filing a case to cause the return of Teehankee to the prison system. And yet the release appears to be the result of his own doing. How could the Hultmans not have been informed of the release?

Perhaps the answer lies with their legal counsel.

Jun Fransisco appears to be handling other equally controversial cases, and sells himself as a “crusading lawyer.” Is he?

Just today, the Ateneo Lawyer Jun Francisco sued Brian Gorrells lawyer /activist Atty. Trixie Angeles and UP /activist Atty. Argee Guevarra. The case actually is harassment and holds no legal basis. Nevertheless, it was filed without the usual attempts to determine true liability or fault- A requirement in the judicial system, to prevent unnecessary and harassment suits.

I wholeheartedly support the “MAROON” lawyers!

Jun appeared as Magdalo lawyer quite recently, after the November 29 incident at the Manila Penn. He volunteered his services to Sen. Trillanes, et al, who were charged with rebellion. Some civilian co-accused, who needed lawyers too, approached him for representation. He told the civilians, “I’m sorry. I only represent people with NAMES.” At the time, he succeeded in convincing former Vice-President Teofisto Guingona and Sen. Trillanes and his group, to take his services for free and easing out their original lawyer. The irate civilians had no other recourse but to obtain their own paid counsels. But not after Jun Fransisco left a very bad taste in their mouth.

When the impeachment case against Desierto was filed some years ago, jaded political observers, suspicious journalists and other non-believers first looked the man over, from head to toe, front to back. Alas, he is neither an Erap fanatic nor a Gloria enthusiast. He is obviously, PRO-HIMSELF!

According to an interview given by Jun he started BRIBING judges around 1994 as an associate in the prestigious ACCRA Law Office. He admits as much when he filed the impeachment case against Aniano Desierto in 2001 saying that he himself brought the BRIBE money to Desierto. Jun said he gave Desierto through a Fernando "Ding" Timbol, reportedly Desierto's PR man, video equipment worth P273,000 aside from CASH given directly to the ombudsman. (photo: Atty. Trixie Angeles)




IS THIS MAN A CRUSADER OR AN AMBULANCE CHASER?

Sunday, October 19, 2008

Republic of Boracay


The beautiful island of BORACAY is renowned for many things- cerullean clear waters, more than a mile long beachfront of beautiful powder white sand and friendly people. This makes the island an ideal tourist destination. Some say it could very well be one of the BEST beaches in the world. The beautiful island belongs to the Republic of the Philippines and the Filipino people. We should benefit from this picturesque island paradise hassle free because we own the island.

Lately, I feel that the island is becoming a break-away Republic, governed by a miscellany of ignobleness.

Upon arrival to the beautiful island, all citizens of the Republic and it’s tourists are obligated to pay an environmental fee! I absolutely consent to the scheme as long as the money is audited and checked by the citizenry to make sure that the amounts go to the islands rehabilitation.

I once went snorkling with a cluster of journalists to explore the islands flora and fauna. Before I can even catch a gulp of air and take another plunge, a boatman came up to me and charged me a “snorkling fee”. What the hell! “How can I carry money underwater,” I told the boatman. He told me; “Sorry it’s the mayors orders!” The mayors office also charges up to 150 thousand pesos for any type of event in the PUBLIC beach front. Oh yes dearies, our company paid twice the exorbitant fee. But where does the money go?

A ravenous contruction frenzy has also been going on in the island free of checks and balance.

Tourism Secretary Joseph Ace Durano backed the plans by the Department of Environment and Natural Resources to sue Malay Mayor Ciceron Cawaling for failing to stop the construction frenzy on the island. "With the failure of Mayor Cawaling to stop construction...I have no recourse but to file the necessary charges," Lito Atienza said. Among the construction activities on the island are those by Ambassador Hotel in Paradise Resort, Crown Regency Hotel, Bocaray Regency Lagoon, BTR Hotel, KCI Ariham, Crown Regency Prince Hotel, Teodora Biggiogero KCI, Erus Suite Hotel, and Salic B. Ibrahim Hotel.

What really BROKE MY HEART was when I went to the islands small botanical zoo using an ATV (all terrain vehicle). If there is one thing that I am most proud of in the Philippines is it’s mighty Philippine Eagle (pithecophaga jefferyi). Some scientists argue that the “haring ibon” (king of the birds) is only second largest; but recent studies show that it is indeed the biggest and the definitely fiercest bird in the WORLD (“The term largest can have different meanings. The Harpy Eagle maybe the largest in terms of bulk or weight, but the Philippine Eagle is the largest in terms of wingspan and height.” Dr. Kennedy)

The great Philippine Eagle is a faithful mate and prefers a monogamous existence. It usually builds its nest on towering tropical trees about 80 feet above the ground (sufficient enough for it to have a good view over its territory). When it was discovered in 1896, the natives call the bird “Monkey-Eating Eagle” because it preyed on monkeys that abound then in Philippine forest particularly in the islands Mindanao and Luzon. Its very small population can be traced to the fact that they live a monogamous life and only lays one egg at a time.

Charles Lindbergh, best known for crossing the Atlantic in 1927, was mesmerized by this great bird. As a representative of the World Wildlife Fund (WWF) he travelled to the Philippines several times between 1969 and 1972, where he helped persuade the government to safeguard the “Bird of Prey” in every way possible.

There are only about 100 - 300 of these majestic Philippine Eagles left in the wild. Unfortunately, I saw three (3) of them in a very small cage in the island of Boracay (photo- the rare Haring Ibon in Bora captured by my cel-camera).

WHY?
WE the Filipinos own Boracay!

Sunday, October 12, 2008

Teehankee Settlement - The Last Episode

Claudio "Bobbins" Teehankee was at the peak of his life when he was arrested, and was later convicted of murder. There were no protests from Bobbins' family and friends even though it was the fastest murder trial in Philippine history. In my own words- Off with their Heads!

Even the then President of the Philippines, Cory Aquino, visited the victim while the trial was on-going... The trial was sensationalized and became an instant media frenzy- All because of the his name TEEHANKEE.

On Nov 19 a settlement was signed by ANDERS HULTMAN and the TEEHANKEE family( see document below). The Hultman's expressed in this Settlement that they- recognize that Claudio has shown genuine remorse and has been serving time in good behavior. The Hultmans WILL NOT OBJECT NOR INTERPOSE ANY OBJECTION to the application of such parole....


But just a couple of days ago, we see the Hultmans (via ABS-CBN and GMA) appearing on television objecting to what they have just authorized. For me this is a matter of honor. Let's forget about the crime for a minute. When the Hultmans went out on television, the Teehankee family got flack from the public. The crime of Bobbins is not the crime of his family members- And it's clear that some people are out to destroy their family honor.

The HULTMANS agreed through their lawyers that they will NOT OBJECT nor interpose any objection to the application of PAROLE or the shortening of the sentence of Claudio Teenkee Jr. and such documents are honored in any civilized country- especially after receiving monetary compensation.

The Law is the Law!

Bobbins was surrendered to then Mayor Alfredo Lim by his ANGRY brother Raul. There were no special considerations given to the man even by his own family. He was arrested and incarcerated immediately with NO QUESTIONS ASKED!

Under article 70 of the Revised Penal Code, the maximum sentence cannot exceed 40 years. Bobbins started continuously serving time since July 24,1991.

He is only one of the 1,430 inmates granted executive clemency over the last three years. But it seems he is the only person visible to us mortals.

May I ask why?




The Court approved a Settlement Agreement on Jan 10,2000 based on a joint family motion- basically the Teehankee's and the Hultman's.

Saturday, October 11, 2008

TRUTH must always PREVAIL

After TV bombarded us with the heartrending Maureen Hultman murder, viewers are now hopping mad. Indeed the murder was gruesome and any mother would feel rage if such happened to their child. I pray for sobriety dear readers as I present facts I've researched on.
Though it burdens me to write about the truth, I feel that we should set the record straight. While we remain vigilant in preventing criminality, as a civilized society, we are encouraged to hate the crime but not the criminal.

Above all, TRUTH should always be our guiding light in pursuit of JUSTICE!

The Hultmans REQUIEM of being “not-informed” about the pardon of Teehankee is heard as "deafening wails" to our beleaguered Justice system. The Philippine Daily Inquirer published that- “The Hultmans, who have since relocated to Sweden, protested the seeming haste and SECRECY of the Presidential Pardon. They said that they were not informed beforehand of Teehankee’s release in violation of established procedures.”

But records show that as early as February 6, 2004, the Board of Pardons and Parole has released the “Notice to the Public”. Posted is a copy of the notice given to me (as a journalist) more than three years ago( this was also published in broadsheets)...







The trial to date has been recorded as one of the fastest criminal trials in Philippine history, and the most sensational with the then President Corazon C. Aquino visiting the (dying) victim, Maureen Hultman in the hospital and the then Senator (future President) Joseph E. Estrada appearing in court during the trial in support of the prosecution. Bobbins Teehankee was incarcerated immediately!
5 IMPORTANT events occurred in conjunction with the Hultman Family from 1999 to 2003 before CLAUDIO TEEHANKEE JR, with the help of his family and lawyers, filed his petition for executive clemency in December of 2003.

# On November 19, 1999 a settlement was signed by Anders Hultman, on his and on Vivian Hultman’s behalf, and on behalf of Claudio Jr., his wife and children, and the Teehankee Family, all with the assistance of their lawyers. In this settlement, Bobbins as well as the Teehankee Family expressed their deepest regret and sympathy to the HULTMANS and CHAP
MANS. In turn, the Hultman Family expressed that they --recognize[d] that Claudio Teehankee Jr. has shown and exhibited genuine remorse and has been serving his time in good behavior. The HULTMANS through their duly authorized representative herein, will not object nor interpose any objection to the application for such parole or the commutation of shortening of the sentence of Claudio Teehankee, Jr. or to such other similar proceedings or relief provided that the same shall be in accordance of law.

# The Court approved the Settlement Agreement on January 10, 2000 based on a joint motion by the lawyers of both sides.

# The Court then issued a statement of finality on February 17, 2000, making the order approving the settlement and the cancellation of all attachments and garnishments on Claudio Jr.’s properties final.

# During the year 2000 and 2001, the financial components of the settlement were complied with by the Teehankee Family with the family home of Bobbins, with the consent o
f his wife and children, disposed of in favor of the Hultmans and the MONIES transferred pursuant to the Settlement Agreement,

# On January 13, 2003, the Hultmans (both Anders and Vivian signing) filed a legal document in the Court called a Notice of Satisfaction of Judgment, wherein they say that: Private Complainants Spouses Anders and Vivian Hultman assisted by counsel respectfully manifest that the judgment relative the civil aspect of this case has been settled to their full and complete satisfaction pursuant to the terms of the Settlement of the Civil Aspect executed by the parties on 12 November 1999 and approved by this Honorable Court in its order dated January 10, 2000.

# ONLY THEN AND ONLY AFTER ALL THESE EVENTS AND INTERACTIONS WITH THE HULTMANS did Bobbins through his lawyers file a formal petition for clemency. This was filed on December 22, 2003, the same year that the Hultmans had filed their Notice of Satisfaction pursuant to the terms of the Settlement approved by the Court.


The basis for the application for commutation were the Guidelines of the Board of Pardons and Parole that allowed an inmate to apply for commutation or executive clemency provided that he had served at least 12 years of his sentence, in cases where multiple penalties were meted out and Article 70 of the Revised Penal Code applied such that “the maximum period shall in no case exceed forty (40) years.”

The formal petition recited these preceding events including the no objection agreement and acknowledgment of remorse by the Hultmans on the part of Bobbins.

Pursuant to the Procedures of the Board of Pardons and Parole, on January 28, 2004 and February 6, 2004, notices to the offended parties and prosecutor and presiding judge were issued by the Board, and a PUBLIC NOTICE TO THE WHOLE WORLD was published in the Philippine Star naming 16 inmates (including Bobbins) whose cases were being considered for clemency.

On September 30, 2008, an Order of Commutation was issued by the President culminating the process of the petition Bobbins had filed in 2003, and which order was received by the Bureau of Corrections. The Order shortened the maximum sentence of 40 years (as adjusted under Article 70) to 21 years and 3 months. The clemency for Bobbins was only one of 1,430 orders of executive clemency granted by the President .

Unfortunately, only Bobbins carried the POPULAR family name.

On October 3, 2008, based on actual time served with Good Conduct Allowance credits already standing at 21 years, 3 months and 5 days, Bobbins had legally served his commuted sentence plus more. He called for assistance from family members to pick him up Friday and to help move his things over the weekend. They finished packing late at night.

THIS WAS NO SECRET!

The Chief Executives power is absolute when forgiving. Her Excellency forgave Bobbins- but who do we blame?
Emotions set aside and in the words of ANDROS (I'm a big fan of the guy)---

NOW everything is MOOT and ACADEMIC.


Monday, October 6, 2008

"Empire" under Inspection

I passed by the Fort Strip last Wednesday night, and was surprised to see PDEA personnel and K-9 drug-sniffing entering the Embassy Super Club. I had the chance to interview some of the operatives. Apparently, when I asked one of the agents he said they were merely inspecting the establishment. The agent also added that their K-9 units are very capable of “sniffing” drugs no matter how concealed.

The agents are serious about the "rising "drug problem in the Makati Bar scene.

In a separate interview PDEA Director Dionisio Santiago said that Ecstacy remains the top selling narcotic in such bars, where they are usually sold at P1,200 each. According to the director; "Madali kasi ang bentahan d’yan... wala kaming sino sino kahit matataas na tao," he said. ( The drug is easilly sold and no one is above the law no matter how high they think they are.)

Anti-narcotics agents and their K-9 units checked every corner of the Embassy bar. Drug-sniffing dogs were also placed at the club entrance. A special agent who I knew, also showed me new types of ecstacy available in the market. The “PDEA” according to him, is “dead serious” about the rising drug problem in BARS.

The Embassy gained “notoriety” after a series of squabbles and scandals involving socialites and well-known personalities took place within the bar's premises. Print and television have also been monitoring the bars activities. Ever since the "Gucci Gang" fiasco exploded, "people have become more aware" according to one of the club's regulars. Several blogs have also accused the bar of being a “drug den” for the high society youth.

"This is just the first club [we’re going to inspect]... we hope other clubs also cooperate,” said PDEA information officer Derrick Carrion.

So here I go again with my humdrum metaphors;

Modern negative consequences of actions stemming from HUBRIS appear to be associated with a lack of knowledge, interest in, and exploration of history, combined with overconfidence and a LACK OF HUMILITY.

Hope You Learn!


Saturday, October 4, 2008

The Simple Truth about PURE EVIL

I despise the hypocrites whose claim to fame is their family’s “possessions”. While material possessions may add bonus points to one's resume of so-called accomplishments, integrity still scores the highest in my book. My mom always said that “honesty is the rarest wealth anyone can possess.”
Well dearies, let me tell you an uncanny encounter I had with a nauseating individual a few years back:

Mojo introduced me to a supposedly “rich” classmate of his, Tim Garcia, from UA&P. The flamboyant kid is the son of General Carlos Garcia. I already heard of his father's exploits long before and so I wanted to be a bit rude to the kid.

“So you’re the son of the AFP’s money-bag (the comptroller). You must be very lucky and proud of yourself,” I told the kid acerbically.

Remarkably, he wasn’t able to grasp my glaringly sardonic remark and we parted ways. The kid didn’t show a tinge of remorse or anger. I thought that was the last time I would ever hear from the kid again.

I was mistaken!
A few months after, the Court of Appeals froze the Garcia family’s assets.

The controversy surrounding the Garcia family stemmed from a letter dated September 14, 2004 from David Meisner about the cash seized from the general’s son (Tim's brother). Matthew Van Dyke, a US Immigration and Customs Enforcement agent, appeared before the Sandiganbayan on November 12. He was the one who arrested the brother of Tim, Juan Paulo Garcia, for bringing in to the US $100,000 without declaration.


The Philippine government asked the US to extradite the general’s wife, Clarita Garcia, and their children Ian Carl, Juan Paulo and Timothy. The general’s family is allegedly hiding in the US after they were charged with PLUNDER- a capital offense.

The testimony of Van Dyke covered the following: the US government seizure of $100,000 from Juan Paulo in San Francisco in November 2003; Mrs. Garcia’s written explanation on huge amount of dollars confiscated from their son; and letter from General Garcia dated January 12, 2004, about the Fines, Penalties and Forfeiture Office in San Francisco. Records also showed that the general’s wife has sent more than $500,000 to the US from the Philippines since 1993, and that she owns several pieces of property in America.

Forfeiture proceedings in the Philippines were initiated over the Garcias' other assets that were ill-gotten, worth more than P56 million. December 2, 2005 was when the general court martial convicted Garcia of undeclared wealth, dishonorably dismissed him from the military and sentenced him to two years of hard labor.

While this corrupt general and his family accomplices pilfered and plundered from the military coffers - money which could have gone to soldiers fighting for our nation and dying in the fields!

In the very same month and year as the aforementioned story, December 2005, one of my family’s former security detail, Sgt Arnold Calixtro, died of malaria in the fields of Basilan.

I was devastated because I grew up with the Marine Sargent. When I queried why he died, the AFP told me that there was no proper medical attention given because of “lack of funds”.


If I had it my way, death by musketry to PLUNDERERS!

Another metaphor for you readers-

“Dishonesty is so grasping it would deceive God himself, were it possible” (g. bancroft)