Tim Yap Maybe Charged with Violating RA 9165

Amiel Aguilar and Atty Trixie Angelese

Dangerous Drugs Board Chairman Vicente Sotto III in an on-air interview via Magic 89.9 FM ( January 15, 2009) has confirmed that the owners of Club Embassy maybe charged with violating Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002: An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No. 6425, otherwise known as the Dangerous Drugs Act of 1972, as amended, Providing Funds Therefore, and for other Purposes), which he described as "places which can be classified as DIVES" and reiterated that this should serve as a warning to all! He also said that a long watch list of celebrity drug users and media personalities is already in his desk.

Our story on the brouhaha of betrayal, abuse of power and high society drug abuse by the so-called Gucci Gang started at the Hotel Intercontinental when a group of high society columnists had Australian blogger Brian Gorrell arrested and illegally detained for more than eight hours by the MAKATI Police. With the help of MAGDALO lawyer Agree Guevarra, I personally followed up and confirmed the illegal detention with the kind assistance of a staff (Philippine Marine Corp Officer)of Sen. Rudolfo Biazon. The "Gucci Gang" present at the Makati Police station when Gorrell was held for questioning were Delfin DJ Montano, Celine Lopez, Marcel Crespo and Jackie Cohen-Antonio. Later on a certain JM Rodriguez ( an alleged Gucci Gang member) told me; "kaya kayo may threat kasi nakiki-alam kayo (you get threats because you keep on interfering)".

Later, blogger Brian Gorrell alleged through his blog and live interviews in Magic 89.9 FM the rampant drug use by the Gucci Gang in club Embassy. Months after regular interviews with Brian Gorrell, Magic 89.9 account executives received three (3) death threats that apparently came from the camp of Delfin DJ Montano. I immediately called Supreme Editor Timothy Yap regarding the threats but he unfortunately told me; "Wala na akong paki (I don't care!)".

The Victorina Council upholds our position that grave abuse was committed and that justice be served! amiel aguilar cabanlig

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

In a nutshell, TIM YAP should be under investigation, but not only for what the reports have been made out to, which is "selling" or "pushing." Maintenance of a den, dive or resort, and coddling are multiple charges that he can be liable for.

Plus he advertises that he provides "absolute privacy" for VIP rooms, the subtext being, its carte blanche for those who can pay...

atty.trixie angeles

Impunity at the Valley Golf

IMPUNITY AT THE VALLEY GOLF

Atty. Trixie Cruz-Angeles

This is a story of how a member of the government’s Peace Panel forgot his duty and allowed violence to happen in front of him.

On 22 December 2006, Gloria Arroyo appointed Sec. Nasser C. Pangadaman of the Department of Agrarian Reform to the Peace Panel.

On 26 December 2008, Sec. Pangandaman allegedly stood by while his son and namesake, Masiu City, Lanao del Sur Mayor Nasser Pangandaman Jr. and five bodyguards mauled Delfin de la Paz, 56 and his son Bino, 14. The attack first happened on the golf course of the Valley Golf and Country Club in Antipolo when the Pangandaman party overtook the de la Paz party on the course.

From the Gmanews.tv: The elder de la Paz said the Pangandaman father and son overtook them at one of the holes, prompting him to ask a marshal to have them get back in line, but when they were playing at the fifth hole, Pangandaman Jr allegedly voiced impatience with his slow playing.

Irked at the blatant breach of golf etiquette (parties or “flights” as they are called, should not overtake another flight without permission from the preceding one), Delfin de la Paz went up to speak to the Pangandaman party. Heated words ensued and Pangandaman, Jr. threw a punch at Delfin de la Paz. Bodyguards immediately followed and repeatedly punched de la Paz. Bino del la Paz rushed to assist his father but was in turn punched repeatedly and personally by Pangandaman Jr. It bears repeating that Bino de la Paz is fourteen years old.

Bambee de la Paz, daughter of Delfin and part of his flight, tried to help her father and brother but was prevented from doing so by other bodyguards. She says “So we complained to the marshal. We played the 5th hole and walked towards the next hole, where there is a tee house, and both the flights in front of us were there, talking with the marshal. The mayor of Masiu City, Lanao del Sur talked with my dad. Things got heated up. Voices were raised. But never, in my wildest dreams, did I ever imagine that someone would pull out a punch. Apparently not. He attacked my father. His flightmates, maybe 2 or 3 of them, rushed to his aid and beat up my father. My 56-year-old father. My younger brother and I could not just watch. We rushed to break the fight. My younger brother pleaded to the mayor to please stop it. To not hurt my dad. To just stop. His words still ring through my head..."Sorry na po, sorry na po...tama na...tama na po..." With his hands in front of his chest in a praying position. PLEADING. The mayor sacked him in the face. My brother defended himself. My dad was still on the ground getting clobbered. My brother, the same way. I tred to stop the fight, but all I could do was stop one person. There were 4 or 5 of them attacking now.

Someone broke up the fight. I thought it was all over. The mayor shouted to his caddy: "Hindi nila kami kilala! Sabihin mo nga sa kanila kung sino ako!" And believe me, I had no idea who this person was. But now I know. He's the person who, with 4 other men, beat up my 56-year-old father and my 14-year-old brother. He's the person who sacked a pleading 14-year-old kid in the face. He's a person who, I am sure, is gonna rot in hell.

I lashed out, but my dad held me back. I was screaming my lungs out, shouting to this mayor, telling him about what he had done. I said: "Nakakahiya kayo. Singkwenta'y sais anyos ang tatay ko. And kapatid ko kakatorse anyos. Anong ilalaban nila sayo?"

The mayor looked at my brother, poinedt to his face, and says, "Tatandaan kita!" And he told me that my brother has a bad attitude and that I need to watch him. WHAT THE HELL?! So, my brother's bad for defending his father?!” (http://vicissitude-decidido.blogspot.com/)

After the scuffle, the three went to the clubhouse to report the incident where they again ran into the Pangandaman party.

Bambee says, “We leave. We walk to the clubhouse to file a complaint. My brother asks for a doctor. My dad could barely walk. Their group comes to the clubhouse, sees my brother. Once again my brother pleads, says sorry, and is crying. He was CRYING, for crissakes. But no. The relentless mayor still punches him in the face, and then sees my dad and goes after my dad again. Him and his friend pull my dad to the ground, pulls at his feet, and steps on him like he's dirt. I run to him and try to hold him back, holding him back by his shirt, while this other guy and this girl tries to stop me. She tells me to just stop it. I scream in her face "they're beating my father up and you want me to stop?!" I pull at his shirt--I don't let go. All I can see was my dad being trampled on. I didn't even see my brother getting beat up.

People pull them away. I get my dad, and I saw my brother. His right ear was bleeding. I freaked out. I told the receptionists to bring my brother to the clinic. I pull my dad away. People were separating us.

My mom and my older brother come. I tell her Bino's right ear is bleeding. They both look like they could kill. My dad holds my brother off, I hold off my mom. When I finally got my mom under control, my older brother gets away and I hold him off. Two of the mayor's bodyguards pull out guns. I embraced my brother from the back, just holding him back, crying. The receptionists came to us, crying, hugging me, my dad, and my mom, whispering to us to just leave. "Maam, umalis na po kayo, may mga baril sila...Maam...umalis na po kayo please..."

Aside from the obvious charges of physical injuries filed against Pangadaman, the de la Pazes charge the attackers with violation of Republic Act 7610 the Anti-Child Abuse Act, for the injuries deliberately inflicted on 14-year-old Bino. Mayor Mangandaman, Jr. meanwhile counter charges Delfin de la Paz with slight physical injuries alleging that de la Paz attacked him with an umbrella.

The outrage on this is building and already the coffee shop pundits are wondering if GMA will fire her DAR Secretary and consequently remove him from the peace panel. I’m also wondering if the general public will see the connection between the illegitimacy of Gloria Arroyo and the blatant abuse of power displayed by these public officials.

In the past eight years, the Arroyos have managed to subvert all manner of processes to keep themselves free from litigation. Does anyone remember the kidnapping orchestrated by Mike Defensor on Ping Lacson’s witness on FG’s improprieties? The impeachment processes that were reduced to the inappropriately termed “numbers games”? ZTE? Yet, amazingly, when Mike Arroyo filed his own cases, his cases seemed to speed right along.

People know that these things happen in the halls of power. But never has it been so blatant, so in-your-face. And never have we, as a people been so cowed and so accepting of this kind of insidious status quo. A member of the government peace panel cannot keep the public peace and stands by as his son beats up a father and son. It seems to be just another injustice in the land of the apathetic.

Victorina Will Continue To Fight

by: Atty.Trixie Angeles

The Constitution says that no law shall be passed abridging the freedom of speech, and of the press. This provision assures us that free speech is the rule, and it is protected. Government is therefore prevented from prescribing laws such as censorship that prohibit expression prior to publication or punishment after publication. But not all speech is protected.

Libel, sedition and obscenity are some of the known exceptions. Libel is defined under Article 335 of the Revised Penal Code as a public and malicious imputation of a crime, vice or defect, real or imaginary or any act omission, condition, status or circumstance tending to discredit or cause the dishonour or contempt of a natural or juridical person or to blacken the memory of one who is dead,

The elements of libel are:

a. imputation of a discreditable act or condition to another
b. publication of the imputation
c. identity of the person defamed and
d. existence of malice

For conviction, all elements must be present and proven. Standards are lower for public figures which include but are not limited to actors, "celebrities," and politicians. Defamatory statements or imputations are presumed to be malicious –even if true – if no good intention or justifiable motive for making it is shown.

A columnist inferring that a government official has dipped his hand into the public coffers may defend himself by showing that such a statement was made in accordance with the public interest of transparency. If, however, there is no justifiable reason to have made the malicious imputation, even if such an imputation is true, it shall be considered libellous. In such a case, truth is not a defense. Quite recently, (January 2008) the Supreme Court recommended to the lower courts the imposition of fines and the payment of damages, rather than imprisonment of those convicted of libel. It also recommended to Congress the decriminalization of libel.

Congress, on the other hand, came up with the Right to Reply bill, requiring media to provide equal and commensurate space for the subjects of a news item or column, to present their sides. It has not passed plenary, though. In consonance with the Supreme Court recommendations, criminal libel should be a thing of the past. However, since there are instances where a person could be wrongfully maligned, its civil liability will remain. We must note that the internet appears to be the last bastion of absolute free speech. Yes, currently the local courts appear to be less inclined to explore its parameters. This is perhaps due to the difficulty of establishing jurisdictions, or maybe due to the lack of ‘cyber-knowledge’ among some of our magistrates. Yet for most of us, online blogging categorically makes for a far more interesting reading than traditional media.

The phenomenon of blogging has removed the censorship power from those seeking commercial political and religious advantages that makes mainstream media pander to their interests. It has allowed the democratization of free speech by taking away the filters of opinion that publishers have by virtue of ownership. The internet has allowed us to say things we cannot say or are afraid to say in print, television or even in movies.

Brian Gorrell, for instance, would not have found an audience for his story had he gone to the papers first, nor would Malu Fernandez have been given the internet version of an extreme reality check. These have the effects of providing an alternative to mainstream media and directly empowering the ordinary person. It is all well and good. Yet the law addresses the bad stuff –malicious imputations and the like -- because clearly, there is a need to do so. We acknowledge that democratic space is necessary and so is the need to protect individual rights, such as the right to be protected from libel.

Because of the empowering effect of the internet, a single person can destroy the reputation of one otherwise outstanding citizen. That person need not be telling the truth. But a blogger can continually blog untruths until, as Goebbels said, the lies are repeated often enough and become appreciated as the truth. Anyone who has been the object of unfair gossip knows what this feels like and for the most part, sometimes time doesn't heal.

Our discussion therefore must seek a balance between the right to free speech and the right to be protected from libel.

Do we do this by applying a less stringent form of the libel law to the internet or should we leave such balance to be achieved naturally by the force of public opinion?

The Backstory of the Fertilizer Scam

Bolante was grilled for more than seven hours but the Senators miserably failed to shake him down into admitting any irregularity - Bolante was cool even when irate senators shouted at him and called him names.

Senators did such a terrible job on the Jocjoc investigation prompting Victorina to make its own analysis on the matter.

Senate President Manuel Villar Jr., was not amazed that Bolante washed his hands off the scam. “His denial was not surprising. What would have been surprising was if he suddenly pointed fingers,” Villar said. Roxas and Lacson on the other hand said that they would show the “lies and inconsistencies” of Bolante in future hearings.

San Juan City Mayor Joseph Victor Ejercito also called Bolante “con artist” who has been “acting” since his arrival from the United States on October 28. Estrada added, “Joc-Joc behaved like a member of a criminal syndicate wherein he protected his master at all cost.”

Well guys, there goes our TAXES - To a bunch of media-hungry filibusters who cannot even argue appropriately.

RainB

PCIJ reported that roughly 3 billion pesos were released from the funds of the Department of Agricultural during the presidential campaign of 2004, including the lesser known Swine Scandal and the more popular Fertilizer Scam. This was a combination of tax payers money, the Marcos Funds worth 1 Billion Pesos (transferred from DAR to DA in April 2004) and some other sources. This does not included the Overseas Workers Welfare Fund used to finance the health cards for the poor.

We will pay attention to the scam du jour: the Fertilizer Scam or more specifically the funds meant to provide farm inputs to poor farmers as part of the plan to increase agricultural productivity. It seems the trail was something like this:














Well, we all know the rest from the reports of PCIJ and other media outlets. Farmers did not receive any input, there were too many irregularities. The foregone conclusion was that the amount was used to bolster GMA weak campaign against FPJ. The Senate blamed the Presidency; graft cases were filed at the Ombudsman.

Now, it seems Joc-joc’s testimony in the Senate inquiry reveals a simple game plan! Actual recipients, who honestly accepted the fertilizer and distributed it, are now validating and attesting that they received the fertilizer from JOCJOC BOLANTE in 2004. These testimonies will give credence to JOCJOC BOLANTE's claim that funds for fertilizer were actually distributed to various government officials. JOCJOC BOLANTE and other official in the administration, specially GMA, were never involved in the anomaly. They simply implemented the fertilizer support program for farmers. The scam and anomaly were committed by the government officials who were the conduits of the fertilizer funds!

Abs-Cbn forum opined that with this game plan, JOCJOC BOLANTE, CITO LORENZO and other DA officials, GMA, and leaders of LAKAS party, will be free from blame. Each recipient was accountable for the funds he or she received. Such a game plan cannot be crafted by a sick man bedridden in St. Lukes Hospital.

But who is the main man in this whole choreography, the one who remains silent. Where is Cito Lorenzo? Or who is Cito Lorenzo.

Before Cito became GMA’s favorite, he was Ateneo President Ben Nebres’ golden boy. Before that, he was CEO of Del Monte Philippines when the Lorenzo’s sold out their banana plantation and bought the controlling shares of this agricultural company.

This acquisition started with the macho pride of his brother Marco, who worked as a farm supervisor when Del Monte was still a subsidiary of RJR Nabisco. Because he was an Ateneo boy, he was out of place in the ranch and plantation. He earned the wrath and jealousy of a higher supervisor named Faez Saab, who was the golden boy of another Jesuit, the late Fr. William Masterson. Faez saw to it that Marco was pushed away from Del Monte. Finally Marco succumbed to the pressure and resigned. But he overheard Faez telling the other guys “I will have my dick circumcised again if that Marco returns here in Del Monte.” Bad move. The next year, the Lorenzo’s bought the whole company upon the insistence of Marco. Well, guess who was kicked out.

Luisito took over the CEO function while Marco managed the plantation. At that time, Ateneo wanted to firm up its athletic program because the Blue Eagle failed to bring home the UAAP crown for a long time. Ateneo needed a new center for its new sport program. Thus the Moro Lorenzo Sports Center was built, largely by the donation of Cito’s family with the help of some alumni. And the special friendship between Fr. Nebres, Cito Lorenzo and GMA grew stronger.

Ateneo de Manila produced only one president – a dropout Erap. It was time to groom a potential true-blue Atenista who can redeem them from the disgrace of EDSA 2. The Alumni found in Cito the potential: handsome, eloquent, competent, dedicated and hardworking, with a vision for the poor, at least at the start. His grooming started with a small cabinet office without portfolio yet very high profile: Presidential Adviser on Food Security & Job Creation. He was tasked to create ONE MILLION JOBS for the employment program of GMA. It was a program hatched in the Marcoeconomics Research Center of Ateneo, where GMA taught. Cito implemented the plan by mobilizing the business and agricultural sector and was able to produce the output.

His star was rising. Next, building up on his Del Monte experience, GMA asked him to take over Department of Agriculture. Cito constructed an ultra-modern agricultural project for the country, something that required intense capitalization from the government. In his mind, he wanted the Philippines to be independent from other countries in terms of food production. It was a good plan, but some people had other things in mind. Around this time, Fernando Poe Jr posed himself as the champion of the masses. GMA men needed money because she did not have FPJ’s charm. They needed a sacrificial lamb - our golden boy who dreamed to become the next president.

That was the end of his career.

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!

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.

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?