By ElCid Benedicto
Beyond the controversy over the “Napolist” or the list provided by alleged brains behind the pork barrel scam, Janet Lim Napoles, on those lawmakers supposedly in cahoots with her scheme misusing their Priority Development Assistance Fund (PDAF), was the legal implication of the “exposure” of what most observers consider as a malicious document.
The Senate blue ribbon committee released the two versions of the “Napolist” immediately after it was furnished to the panel, one provided to former Sen. Panfilo Lacson by Napoles’ husband Jimmy and the other that she herself allegedly have given to Justice Secretary Leila de Lima.
Some members of the House of Representatives who have raised howl for having been dragged into the issue have reportedly considering of filing a class suit against a major publication while there are those also from the Senate contemplating of taking legal action against Napoles herself and other media entities.
The blame game is just starting and as to who will carry the brunt will likely be the members of the media who took the bait of publicizing the tons of documents coming from both camps of Napoles and principal whistleblower Benhur Luy.
Some Senate observers took note of some apparent lapses on the part of blue ribbon committee chair Sen. Teofisto Guingona III in releasing the documents even before his panel could take it up in a formal hearing.
A senior Senate member admitted that such act by Guingona could constitute a libelous act, acceding to the assertions of some upper chamber observers that their colleague should have at least circumspect by having the documents first entered into the records of the committee proceedings releasing it publicly.
This was on the account of the Napoles list provided by Lacson that was not signed by her or accompanied by any other document attesting to her ownership of it.
Based on the assertions of some, Guingona, in effect, caused the publication and distribution of information on a malicious imputation of a crime that is not even contained in an official document.
Another senator, an ally of the Aquino administration, on the other hand, came to the defense of Guingona saying that the blue ribbon chair could not be made to any criminal offense since he did not cause the publication and distribution of the information but the media entities.
“He ordered the release of the documents, being the committee chair, but he did not tell you (members of the media) to have it publicized. More importantly, he’s not the ‘author’ of what could be considered as a libelous material,” the senator-lawyer pointed out.
“Didn’t you notice? He made no utterances regarding the content of the documents, meaning lifting anything from it,” the senator further pointed out.
Such argument makes sense, in a way as this was the same issue raised by the Supreme Court in the case of Alonzo v. Court of Appeals, saying that that what is material is that a third person has read or heard about the libelous remark, for “a man’s reputation is the estimate in which others hold him in, not the good opinion which he has of himself.”
As such, the elements of libel are: imputation of a discreditable act or condition to another; publication of the imputation, identity of the person defamed; and existence of malice.
It can be noted that senators and congressmen enjoy immunity from prosecution even if they defame or accuse anyone of any wrongdoing in their privilege speeches or any other act performed by public officers in the exercise of their functions.
No less than Senate President Franklin Drilon himself pointed out the documents should have been substantiated before it was made readily available to the public,
“Dati ko nang sinasabi na tayo ay pabor na ilabas ang listahan, ngunit dapat ay sana may pruweba mula sa isang testigo, at hindi allegation lang. Yung listahan ay puro pangalan, walang malinaw na dokumento. Hindi naman yata tama na ilabas yang mga pangalan na walang basehan, dahil ang reputasyon ng isang tao ang nakasalalay,” Drilon said in one of the interviews.
“Katulad nga ng sinasabi ni Sen. (Francis) Chiz (Escudero) , nasa listahan siya ng isa (Napoles list provided by Lacson), pero wala siya sa iba. Ipinasa na ni (former) Sen. Lacson sa blue ribbon committee ung affidavit daw ni Napoles, pero meron pang ibang listahan. Kaya po iyan ay uulitin ko lang, kailangan may pruweba ang listahan,” he stressed, during an interview with dzMM.
In another radio interview, the Senate chief reiterated the same, emphasizing that he does not stand opposed to disclosing the contents of such documents supposedly from Napoles provided that it’s backed up with proof or testimony to substantiate the allegations contained therein.
“Mag-ingat tayo sa mga listahan na walang detalye, dahil ang reputasyon ng mga tao ang nakasalalay diyan,” he said.
The documents comprised of unsigned supposed sworn affidavit of Napoles, a typewritten notes of sort and a “list” of names of senators, congressmen, government officials and alleged “agents” was accompanied by a mere cover letter signed by Lacson.
“As agreed earlier, I am hereby transmitting to your office the following documents: draft affidavit of Janet Lim Napoles; narration of events; and list of senators, congressmen and other personalities that she allegedly dealt with in connection with the PDAF. Please acknowledge receipt of the foregoing documents. I hope that these documents will assist the investigation being conducted by your committee and address the clamor of our people for transparency in public service,” Lacson said in his letter to Guingona dated May 13.
Unlike in the case of committee members whom Sen. Koko Pimentel emphasized have every right to be given copies, including such unsigned documents although he pointed out that insofar as probative value is concerned, there’s none.
“It’s just a list. Let us be more concerned with evidence…it’s useless
kung ganun lang. It has no probative value at meron na kasing draft and signed Senate blue ribbon report eh. If we feel na may additional pa, let’s start a new one, a new investigation na lang.
At that time when Pimentel made the statement prior to the submission of De Lima’s version of the “Napolist” as well as Napoles’ two sets of affidavits.
He pointed out that the Napolist, on its face, was useless as it “has no probative value at meron na kasing draft and signed Senate blue ribbon report eh. If we feel na may additional pa, let’s start a new one, a new investigation na lang.”
Also, calling Napoles to testify on the list provided by Lacson then, was viewed by Pimentel as premature, adding that it should have been accompanied by a sworn affidavit, which De Lima eventually provided.
Pimentel said that those mentioned in the “Napolist” can avail of a legal remedy by filing perjury charges, considering that Napoles, in her appearance before the Senate blue ribbon issued a flat denial regarding her involvement in the pork scam.
By Ronald Roy
Senate Majority Floor Leader Alan Peter Cayetano, unabashed self-proclaimed contender for the presidency in the 2016 elections, warned that keeping secret a new affidavit by Janet Lim Napoles, the alleged PDAF scam brains, would “empower her to manipulate public opinion one way or the other.” Perhaps. However, I don’t go along with his demand that she be summoned anew by the Blue Ribbon Committee for a scrutiny of her new statement.
There is no way the public will gain enlightenment from a senate investigation of the pork scam when the culprits alluded to by Napoles are the investigating senators themselves, not to mention those other guilty colleagues — bato bato sa langit ang tatamaan ay huwag magagalit — who quietly swivel in their cool armchairs expecting vindication in a process that they fully control. This asinine and expensive circus must stop. It serves no other purpose than to fuel more speculation, sow more confusion, and facilitate cover-up schemes.
Senators are not called “lawmakers” for nothing. By their every word and deed, and as their mandate would have it, they must exemplify sedulous adherence to the lofty requirements of respect for the Law, esteem for its institutions and processes, and fear of its rule. Accordingly, our senators should now terminate the subject investigation in order to allow the Ombudsman’s Office to exercise unimpeded control of the role it is ordained by the Constitution to discharge. No, there is no cogent reason for these upper-chamber legislators to distrust their own creation: the largely statutory criminal justice system.
Motorcyclists are the bane of patience. Being in total control of our streets, they freely violate traffic rules in pretty much the same way some politicians cavalierly breach the norms of delicadeza and rectitude. And can these motorcyclists quickly organize themselves into a mob at any accident site where one of them is involved! One should not find unfamiliar any of the following road situations.
Three years ago, I was driving on Edsa behind two buses that were a meter and a half apart. Suddenly, a motorcycle sped past me on my right side, surged ahead and, to my horror, raced through between the buses in a resolve to overtake them. As the buses moved toward each other, motorists and I following behind came to a screeching stop to see a gut-wrenching mishap that left the helmeted rider and his machine lying on the road in one gruesome twisted heap.
That was but one of numerous motorcycle misfortunes that had then been occurring at a very alarming rate, and the accidents have since increased without letup. Today, one wonders if authorities will ever buckle down to produce safety rules for the motoring public in general and the motorcyclists in particular, pedestrians and bystanders included.
For having been actually involved in two recent motorcycle accidents, I sometimes muse on the possibility that one day I will be a plaintiff or defendant in a reckless imprudence trial, notwithstanding the fact that in over 60 years behind the wheels, my extraordinarily diligent and defensive manner of driving has always seen me safely through — knock on wood. Hereunder are the two incidents.
As I remained at STOP position preparing to turn right to Hemady Street in Q.C., a motorcyclist drove up from behind and rested his machine between my right rear door and the embankment. From that position, he knew I would turn right since my signal lights were flashing. After the traffic light turned green, I proceeded to turn right along with the motorcycle. While I was executing the turn, the motorcycle suddenly swerved around in a split-second decision to change course.
I didn’t hit it, but its rider kicked my fender to avoid being struck. As a result of the force of the kick, he fell off his two-wheeler which scooted ahead and crashed against a concrete wall. He suffered a broken wrist and a badly damaged motorcycle. Luckily, patrol cops who witnessed the incident prevented a gathering mob of cussing motorcyclists from possibly lynching me. The hurt rider apologized for his reckless driving.
Then, another time when I was doing 30 kph on Aurora Boulevard, Manila, a motorcycle that had overtaken me suddenly crossed my path, and instinctively I swerved rightward to avoid hitting it. Unfortunately, I hit a cab. The culprit sped away and got lost in the traffic, and I gave the taxi driver a generous amount for slightly denting his fender.
This sort of road scourge cannot be totally eradicated. But authorities can control it by requiring motorcyclists to drive, at all times, directly behind a chosen vehicle, and allowing them to move therefrom only for the purpose of turning left or right to another street. Needless to state, strict enforcement and stiff penalties will produce eye-popping results, particularly in the dramatic reduction of riding-in-tandem killings. Hopefully.
As of our Press Deadline, Janet “Jeny” Lim-Napoles was still at the Ospital ng Makati. While the World was questioning why she had not been returned to her court designated place of detention at the PNP SAF camp in Santa Rosa, Laguna, the Authorities were pointing fingers at each other.
The Makati RTC Branch presided over by Judge Almeda said that there was no need for a Court Order to return her to where the Court had committed her. Her custodian, the PNP, said that she had not paid her hospital bills and therefore could not get a discharge or release order from the Ospital ng Makati. The Ospital ng Makati said that they had already issued a discharge order. Besides, they said that it is against the law to hold a patient because of non payment of medical bills or expenses.
Then we hear that JLM wants to stay in the hospital for at least three months. That is what the rich and infamous always want to do. Former Presidents Estrada and Arroyo were committed to the Presidential Suite of the Veterans Memorial Hospital. Former PCSO Chairman and Director Manoling Morato stayed at the SLMC, QC. Gov. Antonio Leviste and Rolito Go spent a portion of their sentences in various hospitals as well as special accommodations at the National Penitentiary at Muntinglupa.
My Fearless Forecast is that if JLM is brought back to Santa Rosa, her list of Senators, Congressmen and Executive Officials involved in the the PDAF/Pork Scandal will come out in its entirety. My Fearful Forecast is that if JLM continues to be detained at the Ospital ng Makati, her list will again be censored, evaluated and manipulated to implicate PNoy’s enemies and protect his allies, friends and KKK’s.
My very educated guess is that while JLN (born January 15, 1964) started out in business dealings with the government fifteen years ago, she made it big when she learned and graduated to the level of PDAF. This was during the GMA Administration between January 2001 and June 2010. She and her husband, Marine Major Jaime “Jimmy” Napoles, were charged in connection with a 1998 3.8 million peso Kevlar Helmet Procurement Contract divided among seven dummy corporations. Her husband was dropped from the case. Janet was acquitted in 2010.
By the time of the May 2010 National Elections, JLN had accumulated huge sums of money from the multi billion peso Ghost Deliveries of fake Projects of JLN NGO’s. My Guess is that JLN gave the Noy – Mar/LP Campaign a big campaign contribution in the hundreds of millions of pesos. And that is why JLN’s Scam phased in effortlessly into the Aquino Administration of the “Matuwid na Daaan”.
The Expose of the JLM PDAF Scam was triggered by the serious illegal detention of Ben Hur Luy from Dec 19, 2012 to March 22, 2013 by JLN and her brother Reynald “Jojo” Lim. On the behest of Ben Hur’s parents, the NBI rescued him from a JLN house that was being used as a retrest house. While in NBI protective custody, Ben Hur started to about JLN’s operations. Meanwhile, JLN continued to harass Ben Hur and use influence and wealth in her favor. JLN retained the MOST Law Office.
However, on July 12, 2013, the PDI came out with a series on the JLN PDAF Scam. In the meanwhile, Social Media had discovered and encountered the high living lifestyle of the Lim – Napoles Family. A month later, on Friday, August 16, Netizens almost spontaneously called for a Million People March and Rally at the Luneta for Monday, August 26, a holiday.
Meanwhile, the NBI – DOJ – Ombudsman investigation and prosecution as well as the Senate Blue Ribbon Committee’s Hearings focused on the three opposition Senators, namely Senators Enrile, Estrada and Revilla to the neglect of other Legislators, Executive Officials and NGOs.
Meanwhile, the serious illegal detention case filed by Ben Hur Luy against JLN and Reynald “Jojo” Lim matured under media and public watch from NBI Investigation to DOJ Prosecution and finally the issuance of warrants of Arrest by the Makati RTC versus Jeny and Jojo. This was followed by the posting of a reward for information leading to Janet’s arrest.
After hiding for several weeks, Janet surrendered to President Aquino and DILG Sec Mar Roxas in Malacanang after a nightime “Hide and Seek” with Presidential Spokesman Lacierda. Then, Noy and Mar escorted JLN to Camp Crame. The purpose of the whole charade was to secure JLN’s cooperation in the one sided Investigation and Prosecution of the three Opposition Senators.
Meanwhile there was the promise of comfort and leniency for the VIP Accused Criminal and Detention Prisoner. However, six months passed with no hospital arrest as promised. That is why the Lists started to threaten to come out.
A year after the May 13, 2013 elections, Vice President Jejomar Cabauatan Binay is still way ahead in the race for President in 2016. Pulse Asia conducted its regular Ulat ng Bayan Nationwide (1,200 respondents with a + or – 3 % margin of error.) Public Opinion Survey from March 19 to 26, 2014. If the national elections for President, Vice President and twelve Senators had been held then, the following would have been the results (Assuming that the candidates were the same ones on the list chosen by Pulse Asia below.):
For President (% of a hundred.): Binay 40, Poe 20, Santiago 10, Escudero 9, Roxas 6, Marcos 5, Cayetano 4, Kris Aquino 4, Revilla 3 and Lacson 2.
For Vice President (% of a hundred.): Poe 24, Escudero 20, Roxas 8, Trillanes 7, Cayetano 6, Marcos 5, Kris Aquino 5, Lacson 5 , Vilma Santos 5, Jinggoy Estrada 4, Bam Aquino 3, Revilla 3, J V Ejercito 2 and Leni Robredo 1.
For Senators: Sotto, Drilon, Roxas, Recto, Pangilinan, Lacson, Zubiri, Gordon, Marcos, Osmena, Madrigal, Pacquiao (12th), Hontiveros, de Lima, Kris Aquino (15th), Lino Cayetano, Herbert Bautista, Jackie Enrile, Tootsie Guingona, Mitos Magsaysay (20th), Lani Mercado, Ruffy Biazon, Gwen Pimentel, Ed Hagedorn, Leni Robredo (25th), Shalani, Dingdong Dantes, Gina de Venecia, Dinky Soliman and Teddy Casino (30th).
The above results belong to the portion of the survey for public release. These are the subject matter and answers to questions that are regularly formulated and included by Pulse Asia in their regular surveys. However, there are subject matter and questions that are included and initiated and therefore paid for by individuals or organizations for their own purposes. These are not released to the mass media and to the public for a certain period of time.
In the said private portion of the above survey was the same question regarding who the respondent would vote for for President if the elections were held during the period of the survey. However, the list of candidates included former President and present Manila Mayor Joseph “ERAP” Ejercito Estrada. ERAP made it to second place, behind Binay but ahead of Poe.
As a matter of public disclosure, I would like to put on record my campaign preference and voting record for all the Presidential and Vice Presidential elections since I was born on October 12, 1948.
1948 – No memory of any political consciousness, preference or activity on my part.
1953 – Ramon Magsaysay for President. Contempt and hatred for Elpidio Quirino. No consciousness or preference for Vice President.
1957 – PPP*. Manuel Manahan for President, Uncle Vicente Araneta for Vice President.
1961 – United Opposition Party (LP/PPP/GA). Vice President Diosdado Macapagal for President, Emmanuel Pelaez for Vice President. Raul Manglapus and Manuel Manahan for Senators.
1965 – PPP*. Raul Manglapus for President, Manuel Manahan for Vice President.
1969 – I turned twenty one in October 1969. I must have registered and voted but cannot remember for whom – the NP Marcos/Lopez or the LP Osmena/Magsaysay. I volunteered for CNEA with Jimmy Ferrer, Chino Roces, Charito Planas and my classmate Edgar Jopson. I remember operating in the Quirino Ave, area of Quezon City. As early as November 1969, I already felt and foresaw that Marcos’s reelection and victory would lead to a pressure cooker effect in our society.
1973 – We were for consolidating the Moderate and Reformist Political and Protest Movement with the active and organized sectors like the farmers and labor (We did so under the Kapisanan ng mga Anakpawis ng Pilipinas.). We were united under the KAP with the FFF, FFW, PAFLU, PHILCONTU and YCW. We intended to coalesce with the LP under the Presidency of Senator Gerardo “Gerry” Roxas. We were pushing for a South North tandem of Roxas (Capiz) and Manglapus (Candon, Ilocos Sur).
1986 – LABAN/UNIDO. Cory Aquino and Doy Laurel.
1992 – PRP. Miriam Santiago and Jun Magsaysay.
1998 – Kakampi ni … . ERAP and GMA.
2004 – FPJ and Loren Legarda. After Binay took over the campaign from the ASO (Angara, Sotto and Oreta.) during the Holy Week of 2004 and after he and ERAP led the UNO and together with the NP’s Senate President Manny Villar won a majority of the Senate seats in the 2007 Senatorial elections, I believed that Binay should run for Senator in 2010. My biggest ever mistake in political analysis was believing that Binay had no chance at all of winning as Vice President in 2010.
2010 – Noynoy for President. Balimbing (sometimes Binay, sometimes Mar.) for Vice President. Binay won, beating Noynoy’s LP running mate, Mar Roxas, as well as long time leading Vice Presidentiable Loren Legarda. Loren and Chiz Escudero had led in Vice Presidential surveys for the past three years since 2007 until 2009.
After his unexpected victory in the 2010 elections, Binay was way ahead of everybody else for President in 2016. There was nobody else tall enough to challenge him on the horizon. For three years, he even led President Pnoy in popularity and satisfaction ratings in the two major survey outfits: SWS and Pulse Asia.
However, in 2012, PNoy learned his politics. He bribed the members of the Lower House to Impeach Chief Justice Renato Corona. He bribed the majority of Senators to convict him. Despite his sliding popularity, he was able to cobble together an opportunistic coalition for the 2013 mid elections. He made bilateral alliances with the Nacionalista Party, the LDP and even the Magdalo. He neutralized the Lakas and GMA’s allies and stalwarts.
He won nine out of twelve Senate seats: Poe, Legarda, Cayetano, Escudero, Angara, Bam Aquino, Trillanes and Cynthia Villar.The UNA got only three seats: Nancy Binay in fifth place, JV Ejercito in eleventh and Greg Honasan in twelfth place.
For the past year, he has managed to stifle most of the Truth in the Pork (PDAF) Scam and Scandal. A year ago, Ben Luy had already been rescued from Janet Lim Napoles’ benevolent detention. The MOST connection was at work to control the NBI investigation. However, the information was leaked to the PDI, which came out with a series of exposes on or about July 20, 2013.
The Administration still managed to manipulate the evidence (including COA investigations and reports) and the witnesses to focus on those in the opposition: Enrile, Jinggoy Estrada and Bong Revilla. Meanwhile, information implicating Senators, Congressmen and Executive officials belonging to the Administration have been kept from the Mass Media. The NBI, DOJ and the Ombudsman have pussyfooted on the investigation and prosecution of the guilty who belong to the LP and the Administration.
Pinoy has given Mar Roxas and his cohorts all the budget, exposure and power to help the LP position its favourite but weak Presidentiable for the 2016 race. On the other hand, they have done everything to deprive Binay of the budget, exposure and power that he deserves as the President’s appointee as HUDCC Chairman and Presidential Adviser on Overseas Filipinos.
Four years on since the May 2010 National Elections, Binay has maintained his lead. The lead is so big that even if Binay, Erap, Grace Poe, Bongbong Marcos and Bong Revilla were too all run together with all the LP and Administration candidates that can be put up, Binay would still win. If you were to total all the percentages of the Administration candidates for President, this would come out to 43 – 45 %. On the other hand, Binay, Miriam, Bongbong and Bong would total 55 – 58 %.
By: Al Labita
The looming scenario looks dreadful.
Should President Aquino’s push to create a Moro state fizzle out, history would be unkind to him.
At the rate criticisms are heaped on his substate-for-peace deal with the separatist Moro Islamic Liberation Front (MILF), Aquino may likely end up on self-imposed exile in Malaysia, his chief backer in peace talks with the rebel group.
Since the deal was inked last month, it has drawn a barrage of flaks, likening it to a sellout of part of Philippine territory, apparently Aquino’s way to put an end to decades of a bloody secessionist movement in the resource-rich region, the country’s second largest island next to Luzon.
Questions on constitutionality are hounding the envisioned Bangsamoro (Islamic state). These center on the time-honored Constitutional ban on the creation of a state within a state, a provision Aquino appears to have glossed over in pushing the proposed law
What legal experts find revolting, however, are certain provisions virtually diminishing the government’s sovereign powers, relegating some of them to Bangsamoro.
Specifically, they refer to the creation of the Bangsamoro Transition Commission (BTC).Composed of government and MILF representatives, the BTC would work on amending the 1985 Philippine Constitution, the basic law of the land.
“This is beyond ridiculous,” said Senator Miriam Santiago in a press statement. .“Say again?! Wh a – a – a – t?!”
Santiago, widely regarded as a Constitutional expert, is the first senator to call the so-called peace pact unconstitutional.Overall, she described the Malaysia-backed PH-MILF deal as an attempt to redefine the country’s sovereignty.
Like other legal experts, she questioned the provision in the agreement providing that the powers reserved to the central government will depend upon further negotiation with the MILF.
“Thus, the agreement diminishes the sovereignty of the Philippine government by listing what are the powers that the central government can retain,” the former regional trial court judge said.
In gist, the agreement not only reduces the sovereignty of the central government, but also provides that in the future, such sovereign powers as have been reserved may be further increased,provided the Bangsamoro agrees.
“It will therefore be the Bangsamoro which will determine what should be the remaining sovereign powers of the central government,” Santiago, a member of the International Court of Justice, said.
Bangsamoro, planned to be a new region with wider political and economic powers, will replace the graft-ridden Autonomous Region in Muslim Mindanao (ARMM).
Santiago, chairperson of the Senate committee on constitutional amendments, hinted that she will not support the proposed Bangsamoro Basic Law which, if passed in Congress, will be subject to a plebiscite for approval or disapproval by the public.
“While I am chair, it will be extremely difficult to convince me, as a student of constitutional law, that the Bangsamoro Agreement respects the Philippine Constitution,” Santiago said.
Some groups are poised to question soon the deal before the Supreme Court, despiteassurance by the government and MILF that the proposed Bangsamoro law would comply with the Constitution without the need to amend it.
But on closer look, the PH-MILF pact contained provisions similar to those of the earlier scuttled Memorandum of Agreement on Ancestral Domain (MOA-AD).
That deal was supposed to be inked between the government of then President Arroyo and the MILF, but in October 2008, the Supreme Court struck it down as unconstitutional because it sought to establish a state within a sovereign state.
Under the MOA-AD, the existing five-province ARMM would have been expanded by more than 700 additional villages, subject to a plebiscite.
The proposed new entity then, to be called the Bangsamoro Juridical Entity, would have had its own police and military force and its own judicial system, among others.
“Both the MOA-AD and the Bangsamoro Agreement appear to facilitate thesecession of the Bangsamoro from our country, in a manner similar to the secession of Kosovo and Crimea,” Santiago warned.
Although the Constitution provides that natural resources belong to the state, in the Bangsamoro territory, only Bangsamoro will have exclusive jurisdiction over them.
Similarly, the pact’s annex on power sharing gives Bangsamoro “exclusive powers,” defined as powers or matters over which authority and jurisdiction pertain to the Bangsamoro government.
The accord also provides that only the Bangsamoro shall be under a ministerial form of government, while the rest of the country will operate under a presidential form of government.
Pundits say that in allowing itself as signatory to the deal with the MILF, Malacanang may have infringed upon the powers of the legislative branch.
As it appears, the agreement should not have identified the executive as the “Philippine government.”
The reality is that only one of the three branches of government – the executive branch, consisting of the Office of the President acting through a peace panel of negotiators – represented the government in talks with the MILF.
It may also be argued that the executive branch alone does not represent the Philippine Government, a fact that the MILF may have just shrugged off to speed up the signing of the accord for its own sake alone.
Simply put, the executive branch, in negotiating the agreement with the rebel group, had no power to bind the two other branches – legislative and judicial — to the controversial deal.
By all accounts, the executive “misrepresented” itself as the government, an error in judgment on Aquino’s part for which he will pay a costly political price – the likelihood of ending up in exile in neighboring Malaysia.
[Speech by Sen. Loren Legarda’s Speech
Forum on Green Building Initiative
23 April 2014 – Dusit Thani Hotel, Makati ]
The future communities in the Philippines will vastly differ from the ones we live in today. As we witness the 21st century unfold, our nation faces a new set of technological, socioeconomic and global challenges that are more complex than any of us have ever experienced in our shared history. They dramatically alter the way we live in our communities, and at stake is the quality of life, not only of ours, but of our progeny.
It is the responsibility of the government, especially local government units, to understand these challenges and to take proactive measures that will optimize our nation’s future — to plan, build and support sustainable communities.
The U.N. World Commission on Environment and Development described sustainability as a development that ‘meets the needs of the present without compromising the ability of future generations to meet their own needs.’ A sustainable community is an end goal: the government and the people share a common vision, engage each other in the intricacies, and together bring it to fruition.
The first step towards building a sustainable community is to correct one of the biggest misconceptions about the environment—that natural resources are infinite. Clearly, Earth’s resources are not limitless. We are now witnessing the rapid decline of our forest cover, water supply, air quality and the demise of our biodiversity.
In order to build a sustainable society, it cannot be business as usual. We need to stop consuming more than we need and start making sacrifices, including cuts in our greenhouse gas (GHG) emissions.
The Asian Development Bank’s Key Indicators for Asia and the Pacific 2012 noted that the increase in carbon dioxide emissions could rise to 10.2 metric tons per capita by 2050 if interventions to reverse the trend are not introduced.
A cursory look now proves that the 4-degree Celsius world, which may have seemed impossible 20 years ago, is not far off today.
The Intergovernmental Panel on Climate Change (IPCC) 4th Assessment Report suggested that a 1.5 to 2.5 degrees Celsius increase in global mean temperatures from pre-industrial levels threatens extinction of 30 percent of all species.
Climate change, according to reports, threatens food security as crop yields are estimated to decline by 19 percent in Asia towards the end of the century. Rice yield in the Philippines is projected to decline by 75 percent. A 4-degree scenario doubles these impacts.
A hotter global temperature will result in damaging sea levels, extreme weather and food insecurity. Flood, droughts and hunger are already issues we are dealing with today. The more frequent and stronger storms we are experiencing have been affecting our economic development as well.
For instance, losses due to Typhoon Yolanda are estimated at 571 billion pesos, which represents close to five percent of the Philippines’ annual GDP. Meanwhile, losses due to typhoons Ondoy and Pepeng in 2009 were equivalent to 2.7% of the country’s GDP.
Indeed, climate change has changed the magnitude and frequency of extreme weather and climate events.
What has brought about the state we are in today?
Key findings of the IPCC 2012 Special Report on Extreme Events revealed that climate change is “unequivocal” and that there is 95 percent likelihood that human activity is the cause of global warming.
Human activity released 545 gigatons of carbon dioxide—the main greenhouse gas from 1750 to 2011.
The Philippines is a minor emitter of GHG. But even as we are taking steps to demand the world’s biggest polluters to reduce their carbon usage for the sake of the planet, we cannot just wait for other parties to turn their commitment into action.
We need to take care of our own backyard so to speak, and in this case we need to make that first step in controlling the levels of anthropogenic pollution. We can cut our carbon emissions, improve our environment and create sustainable communities if we build green.
This is why we are all here today in a triumphant mood. The Climate Change Commission Resolution No. 5, which has been endorsed by President Benigno Aquino, is an important piece in that blueprint towards creating a more sustainable and liveable nation.
When we build green we help reduce our global carbon footprint, we cut down costs and we improve our citizens’ overall way of life. The implementation of the National Climate Change Action Plan by LGUs makes sure that building green not only looks good on paper but also for the planet.
We must also promote community resilience. LGUs could prioritize resilience as part of their political and sustainable development agenda and make reducing disaster risk their legacy opportunity. Paying attention to protection will improve environmental, social and economic conditions, including combating the future variables of climate change. It will also make the communities more prosperous and secure than before. Initiatives could include making schools, hospitals, and other critical public infrastructure resilient against disasters.
As a fundamental development strategy, building resilience would help our government sustain the country’s socio-economic gains, and make a significant difference in poverty reduction.
LGUs are responsible for building sustainable societies where building green will be a way of life. Thus, I urge our LGUs to support this with passion and commitment. I hope that there will be no extensive bureaucratic entanglements because there is no time to lose.
I congratulate the Philippine Green Building Initiative, International Finance Corporation and Climate Change Commission for this initiative and I look forward to the success of this program so that finally all buildings and structures will be built with safety and resilience as the primary foundations. Thank you.
Nothing much can be expected from US President Barack Obama in his April 28-29 official visit in Manila.While he is likely to reassure the Philippines of Americans’ commitment to defend the Philippines in its raging territorial dispute with China, it will not make a difference, given how the US has been badly treating its Asia-Pacific ally over the past decades.
Since both countries forged their so-called Mutual Defense Treaty (MDT) in 1951, the US hardly cared about the poor state of the Philippines’ military capability.
Calls by Manila for increase in American military aid usually fell on deaf ears among policy makers in Washington. Whatever the Americans gave were nothing more than second-hand hardware – either of World War II vintage or their leftovers in the Vietnam war era.
Now that the geo-political situation has vastly changed, it’s time for both strategic allies to redraw their treaty or risk overtaken by new and bold challenges.
From what was once dubbed the “sleeping giant,” China has suddenly awaken, emerging as the biggest threat to the Philippines’ security interests as both have interlocking claims to the oil-rich Spratlys islands.
With superior naval assets patrolling the disputed chain of islands, China has bullied the Philippines, long perceived as militarily weak.
In the face of China’s aggressiveness in asserting its sovereign claims to the Sprawls, also referred to as the west Philippine sea, Manila in not a few times wanted to invoke the MDT which many politicians label as a mere paper tiger.
But thanks to cooler heads, the MDT remains as a last resort mechanism to avoid what’s likely to be a bigger problem – war.
Hopefully, Obama will use his two-day visit to assess the Philippines’ defense needs, especially in light that the two countries will enter into a new security alliance under the banner of the so-called enhanced defense security agreement.
An offshoot of months of hard bargaining, Filipino negotiators were hard put as they had to reckon with the Constitutional ban on the presence of foreign bases on Philippine soil.
In the end, they had to compromise as Manila agreed to allow US forces the use of Philippines-builtmilitary installations.
For both countries, it’s a win-win situation as they usher in a paradigm shift in their strategic ties, given China’s surging aggression in the hotly contested Spratlys.For the US, Manila’s nod to a new pact gives the Americans the leeway needed as they reposition their defense forces from theMiddle East to Asia.
Under Barack’s pivot policy, the Philippines plays a crucial role because of its strategic location in keeping peace and stability in the Asia-Pacific region.
But more than the much-needed military materiel, the Philippines badly requires America’s political succor as its row with China has assumed complex dimensions.Neither has China eased up in its flexing its military muscle in the high seas nor has it showed signs of flexibility in its diplomatic rapport with the Philippines.
As the world’s policeman, the US is in the best position to cool the tensions between Manila and Beijing for the sake of regional peace and stability.