Clemency Delayed is not Justice denied

Late Clemency?

While I am no P-Noy apologist, I do not like the way some people are lambasting the president for granting executive clemency to a prisoner who unfortunately died a few days before he was pardoned. They say that the recommendation was forwarded to him a long time ago. Does that mean that there should be haste in approving recommendations?

When a prisoner’s sentence is promulgated, does it come with a clause that requires executive clemency for good behavior and/or failing health? When a criminal commits a crime, does he do it because there is a surefire recipe for pardon?

Crimes are not lightly committed and sentences are likewise not dispensed like a comedy show. An executive clemency therefore, should be well contemplated before being dispensed. Prisoners dying prior to clemency is indeed a regrettable event but it is not at all the fault of the president. The crime committed remains to be the sole fault of the criminal and never is it transferred to the pardoner at any time. 

Let us not forget the original victims of the crime. Is justice served when the clemency is given? Did it send the right message to criminals? Or did it render the penal system ineffective?

THE OPINION MAKERS AND THEIR EFFECT ON THE COUNTRY

Watching the news and listening to the radio, I can’t help but feel bad that the opinions of the people of this country are being shaped by the loudest and angriest voices, but not necessarily the most sensible people in this part of the world. In my not so humble opinion, TV and radio commentators should only be allowed to tackle issues that they are competent of handling. Otherwise, they are simply leading this country into oblivion.


LET'S TAKE FOR EXAMPLE, THE SUPPOSED RICE CRISIS

I cannot believe that leaders of some groups are spending so much time asking the government to admit that there is a crisis and angrily demand for subsidies even after such was already given. I also find it hard to believe that radio commentators and TV personalities give this people so much air time.

And this administration, wanting to score brownie points, announced a whopping P5 billion in rice subsidies. Despite that, the foul mouthed leaders of farmer groups, never to be satisfied with any move from any administration, angrily demands for more. Actually, what I heard from a radio interview made no mention of the government declared subsidy. They simply demanded (angrily) for subsidies, subsidies and more subsidies as the cure. Subsidy in the form of cheap fertilizers, cheaper seeds, etc? That’s very stupid, if one will analyze the issue.


LET'S GET THE FACTS STRAIGHT

At this point, all we have is a speculation of a crisis. As for the shortage, we’ve known that for a long time. Isn’t that why the government imports rice? But so far, rice can be found and we are yet to hear of empty shelves anywhere in this country. This freaking shortage is nothing but speculation until the stores start closing. When I last checked, all the retailers have goods to sell.

Declaring that there is a crisis, even when the supply is still sufficient simply leads to panic. Didn’t we just experience a hike in rice prices after the activists and the opposition declared that there is a freaking crisis? That's what we have now, a price increase. As for the stocks, it remains full.

And what is farmers' main basis for their LOUD DEMANDS for subsidies? They declare that there are a lot of them (rice farmers). In fact, they claim that they are the majority in this economy. Of course, that is not true. In fact, that is a blatant lie.


QUESTIONS

But before we continue, let me ask, where will the government get the money to subsidize them come from? Tsk tsk.. Agriculture contributes only 14% in this country’s GDP with rice comprising a small portion of that. If that’s the case, the government will draw the subsidy from the rest of the agriclurtural sector, the Services sector (which contributes 55%) and the industrial sector (31%). Is that fair to all concerned?

It is a fact that prices increase every year. Our population also increases annually. Therefore, our demand for rice will keep increasing. Does that mean that the government should keep on allotting more and more money as rice subsidy?

Do we subsidize them til the end of our days? Aren't this farmer leaders ashamed to demand for dole outs?

My parents own rice farms making us a farming family, but damn us all! We’d rather force ourselves and everybody else to eat camote and bread than live on other peoples dole outs!


ANALYSIS

My dear opinion makers, never forget what will happen that as soon as the government stops subsidizing the farmers. They will die.

Stop the foolish subsidies and teach them how to increase their efficiency. Teach them the ways of high breed farming and other good farming practices. In addition, irrigate their lands and build them farm to market roads. It will further increase their yield and amplify their capability to bring their produce directly to the end users. That will not only increase the income of the farmers and decrease the rice prices; it will also annihilate the greedy traders in between.

These farmer leaders do not want to even think of helping their people. They are quick to reject the use of high breed rice simply because it will require them to buy seedlings every planting season. Never mind that it will greatly increase the net profits of the farmers. For them, the Holy Grail lies in government subsidies, subsidies, increased subsidies and never ending subsidies! Those leeches!

Give the farmers subsidy and let the rest of the country suffer. By the way, isn’t it that the rice farmers also eat rice?

With rice farmers comprising a mere 25% of the labor force and contributing only 14% of the GDP, what do they think will happen?

Will it be a good policy to have a happy 25% and a starving 75% of the population? Wait a minute, will subsidies make them happy? I seriously doubt it. These leaders do nothing but teach their people to complain.


SOLUTION

If the rice farmers really want to improve their welfare, they should develop their production methods. For one, it has been proven that high breed rice increases their net income. They should go all out for it. Never mind the traditional variety for it will not disappear. Its seedlings will always be preserved and used by specialty farms. There will always be a demand for it. Let the rich plant and pay for it.

As for the government, if it really wants to help its people, it should use the P5 billion in rice subsidies in building irrigations and roads. Farm-to-market roads in the lowlands cost less than a million pesos per kilometer; in the uplands, it is between P1.5 million to P2 million (per Km). The P5 billion will build 5,000 kilometers of roads in the lowlands and 3,000~4,100 Km in the uplands. Now, that will surely bring down the cost, not just of rice but all other things coming from the provinces.

The government should also allow the free for all rice importation and the reduction of its tariff to 3%. That will lead to lower prices and sufficient stocks. It will also force the hoarders out of business and everybody will be happy.


CONCLUSION

The solution is not in subsidies. A subsidy is nothing but a dole out. Once it stops, the farmers will die. There is a saying,

“Give a man fish and you feed him for a day. Teach him how to fish and you give him food for life”.

And the battle rages...

A lie, repeated often enough, will end up as truth.

- Dr Paul Joseph Goebbels
Hitler's Minister of Propaganda (1933-1945)

I am very busy these days but I can’t help but dish out some thoughts regarding the brouhaha called the NBN Scandal. An assortment of witnesses is coming out one by one and seems to be dishing out bombs distributed over time in order keep the public talking about it. Looking at it in terms of warfare, what we are seeing here is a prolonged bombing strategy intended to soften the targets before launching the final assault. This campaign is reminiscent of the last two wars in Iraq.

In the Dessert Storm, General Norman Schwarzkopf ran a month long bombing campaign while flanking his forces deep into Iraq in a final strategy called the “Hail Mary” that lasted only for 100 hours. During the campaign to oust Saddam, the US rained hell on Iraq before sending in the troops using a basically the same strategy now very popularly known as “Shock and awe”.

In the Philippines today, what is happening is a variation of the two campaigns except that the public is only seeing the propaganda aspect of it. Like an audience in a stage play, they are only seeing what the directors are showing. The bigger play is happening in the back stage.

In one side of this campaign, witnesses are lined up, dates are set, bombs timed and things are being set into motion. With Durano’s revelation that Lacson’s chief of staff is a close friend of Lozada’s brother and that they have been planning this since August, I am not at all surprised that this things are happening. And if that is the case, the street protests, withdrawal of support and possible military component is probably being worked on.

Of course, there may be truth to the allegations against GMA and corruption may actually be taking place. But one thing that we should never forget is that stalwarts of the Estrada led opposition, Escudero, Lacson and now Cayetano et al. are the ones leading the charge in the senate, the others are in the streets and one of the godfather’s, Erap has started to come out to lead the attack.

Let us remember that in contrast to GMA, Erap has been convicted of widespread corruption. Having spent only 880 days in Malacanang, he was he was proven guilty of having amassed P4,097,804,173.17 or P4.6 million per day. That is discounting the other charges that the prosecutors decided not to pursue, being so confident of winning a conviction in the first two cases.

Last weekend, the opposition Godfather Erap, bragged that none of the government dealings of his regime was ever tainted of corruption. With the media replaying this statement again and again, the public is being made to believe that this is true. This part of the strategy is nothing new, it was a theory so effectively used by Hitler, through Joseph Goebbels.

But what are the facts? Isn’t it that Erap was guilty of:

1. misappropriating, converting and misusing for his gain and benefit public fund in the amount of ONE HUNDRRED THIRTY MILLION PESOS (P130,000,000.00), more or less, representing a portion of the One Hundred Seventy Million Pesos (P170,000,000.00) tobacco excise tax share allocated for the Province of Ilocos Sur under R.A. No. 7171, in conspiracy with co-accused Charlie ‘Atong’ Ang, Alma Alfaro, Eleuterio Tan a.k.a Eleuterio Ramos Tan or Mr. Uy, and Jane Doe a.k.a. Delia Rajas, as witnessed by Gov. Luis ‘Chavit’ Singson, among other witnesses; and
2. (c) directing, ordering and compelling the Government Service Insurance System (GSIS) and the Social Security System (SSS) to purchase and buy a combined total of 681,733,000 shares of stock of the Belle Corporation in the aggregate gross value of One Billion Eight Hundred Forty-Seven Million Five Hundred Seventy Eight Thousand Fifty Seven Pesos and Fifty Centavos (P1,847,578,057.50), for the purpose of collecting for his personal gain and benefit, as in fact he did collect and receive the sum of ONE HUNDRED EIGHTY NINE MILLION SEVEN HUNDRED THOUSAND PESOS (P 189,700,000.00), as commission from said stock purchase; and

What do the two statements mean?

a) He took P150 million out of the P180 M of tobacco taxes.

b) He used the SSS/GSIS money for gambling purposes in the stock market. In Pilipino- “Ipinang sugal ang pera ng gobyerno”

There are so many other things that Erap is guilty of, here’s the court decision to enlighten us all. That is one big problem. If GMA is a plunderer, the opposition which is trying to oust her, is by itself led by a confirmed and unrepentant plunderer.

Isn’t it strange that they are also asking for the ouster of the mandated successor, the Vice President (VP)? They allege that since he is not lifting a hand against her, he should be taken out, as well.

Logic dictates that the VP’s silence is the most proper thing to do. With him about to benefit from the president’s downfall, any attempt for him to lead the opposition will make him look like a power grabber. One thing should always be remembered. Even if we have doubts to the VP’s ability to lead the government, he is and should be the successor, should anything happen. That is a truth that is as clear as the sun, which the opposition is trying to shield our eyes from.

The opposition is taking out the VP because he is no puppet of theirs. What they are doing is nothing but an attempt to bring back the old days. When the first order of the day was to persecute political opponents and reward friends, pardon convicted criminal friends, a hero’s burial for the Apo at the Libingan ng mga Bayani, etc, etc...

The best strategy for the people is to be vigilant and keep on sending crooks to jail, while awaiting the likes of Mar Roxas and the younger ones to become ripe. Hopefully, by 2010, they will be. Let us be careful in believing the opposition, they’re as tainted as the people they are trying to depose.

One thing for GMA, though… Take heed! The people is running out of patience. The end is near… As Shaekespeare once wrote,

"All the world's a stage,
And all the men and women merely players;
They have their exits and their entrances.."

You will only be remembered only for your exit, for your entrance happened a long time ago.

Lozada, please come clean

I'm really pressed for time and I never had the chance to read and edit my posts. Here it is. better late than never. Post Edited.

In an episode of the apprentice, Donald Trump said something like,

“In my books, there’s nothing that ranks higher than a comeback”.

In the Philippines, a former president of a government corporation and whistle blower Jun Lozada is trying to present himself as a person out to come clean while admitting ONLY to SOME guilt. That, for me, falls short of a real conversion. And with the way his exposes are coming on piece meal basis makes me start to have serious doubts on his credibility. Should he fail to completely admit to his guilt, it won’t be long and he will end as one discarded puppet in a stage play entitled “The world”.

Lozada baby, with your "Probinsyanong Intsik", "Moderate your greed" and other quotable quotes. I have a few quotes that aptly describes you.

"Putang Ina, Pare!" "Tang Ina" and Kabig "from both sides, pare!"

That's you, Jun Lozada. Listen to the tapes that you admitted was you on the phone.

Moderate pala, ha?

WRIT OF HABEAS DATA

With Justice Puno at the helm of the country's Supreme Court, individual rights to privacy and liberty are being raised higher. Too supplement the Writ of Habeas Corpus, the court came up with the Writ of Amparo. hoping to strengthen it further, we now have the Writ of Habeas Data.

As a practical example, let us assume that a person is missing and reported to have been arrested by government authorities. Visits to various military and police offices turned negative and relatives are already afraid that the arrested individual might have been kidnapped by lawless authorities or taken by government agents and tortured (or even killed). The relatives and friends of the missing person may seek the courts help by filing for a writ of Habeas Corpus that directs the authorities to produce the body before the court at a specified time.

However, the people identified and directed by the Writ of Habeas may deny having the person in their custody and the relatives are still left not knowing if the apprehended person is still alive. In this instance, the Writ of Amparo, which is derived from the word "Amparar" (protection) serves as a very effective tool. I will edit this article later and elaborate on this part.

To give the citizens more legal options, the court has introduced the Writ of Habeas Data which partly is partly explained through the following:

"The writ of habeas data, which went into effect Saturday, is available to anyone whose "right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission" of public officials or private individuals or entities that gather, collect, or store data regarding a person or his family, home, and correspondence.

One can use it to compel the release of information, or to update, rectify, suppress, or destroy such data.

"The basic attribute of an effective right to informational privacy is the right of individuals to control the flow of information concerning or describing them. It is, however, a right that must be balanced by legitimate public concerns," the Supreme Court explained."

• Here's the complete PRIMER ON THE WRIT OF AMPARO
• The Writ of HABEAS DATA according to the Chief Justice
• The HABEAS DATA and the WRIT OF AMPARO

On Mike Arroyo being the mystery man in the NBN deal

“An accused's flight is 'universally conceded' to be admissible as evidence of consciousness of guilt and thus of guilt itself.” State v. Jones, 292 N.C. 513, 525, 234 S.E.2d 555, 562 (1977) (citation omitted).

The rule in North Carolina is that flight of an accused may be admitted as some evidence of guilt. However, such evidence does not create a presumption of guilt, but may be considered with other facts and circumstances in determining whether all the circumstances amount to an admission of guilt or reflect a consciousness of guilt.

Proof of flight, standing alone, is not sufficient to amount to an admission of guilt. An accused may explain admitted evidence of flight by showing other reasons for his departure or that there, in fact, had been no departure."

We now know that the Philippines’ First Gentleman- Mike Arroyo left for Hongkong on the eve of the Senate testimony of Joey De Venecia. As widely speculated, De Venecia implicated the First gentleman in the $300 Million corruption scandal. Opposition Senator Aquilino Pimentel, Jr. was quoted as saying, "Flight is a proof of guilt", referring to Arroyo's departure.

Moments after the explosive testimony, San Juan Mayor JV Ejercito was quoted saying that the President and her husband is being hit by Karma for supposedly having influenced the court, a few days ago, to convict his dad, ex-President Joseph Ejercito Estrada, for plunder.

As quoted above, “Flight alone is not an admission of guilt”. However, in this country rocked by successive scandals, the President and the First Gentleman is duty bound to address this issue head-on.

"Torna a Surriento..." Please come back immediately and face your accusers, Ahora!

As for JV Ejercito's staments, I beg to disagree. His dad was convicted by the court for having failed to demolish the testimonies of people like Clarissa Ocampo, among other things. On the other hand, Mike Arroyo, is yet to be convicted.

JV Ejercito's father, at this point, is a convicted criminal who’s yet to appeal the court decision. And besides, Mike Arroyo’s conviction, if ever it will happen, does not mean that his dad is innocent.

In the same manner that succeeding presidents in South Korea were convicted for corruption related offenses, and in the same manner that Jimmy Swaggart got caught after condemning his enemies Marvin Gorman and James Bakker for the same offense- immoral conduct, Mike Arroyo’s conviction does not, an innocent man his father make.

Justice for all.

To the gallows for them, criminals, all!