What could Jose Rizal be thinking?

Who is Jayne Rizal???

2009-04-10T09:34:00.000-07:00

Jayne Rizal, supposedly a descendant of Don Paciano Rizal ... that's strange! Why? This is why ...

Paciano Rizal had a daughter with Severina Decena. Her name was Emiliana Rizal. Emiliana Rizal supposedly had a brother but he died as a child.
Emiliana Rizal married Antonio Lopez, the son of Narcisa Rizal and Antonino Lopez. The marriage of Emiliana and Antonio produced four living children ... Eugenia Lopez - Villaruz, Francisco Rizal Lopez, Edmundo Rizal Lopez and Jose Rizal Lopez.
Paciano Rizal had NO SON with whom the Rizal name could have been carried on.

HOW NOW COULD THERE BE A JAYNE RIZAL THAT DESCENDED FROM THE PACIANO RIZAL BRANCH?

This was originally published by inquirer.net on June 23, 2008.

Rizal - A Man Ahead of His Time - by Francis Magalona

2009-03-07T13:44:00.000-08:00

This blog was created by Francis Magalona (Francis M. - the master Pinoy rapper, artist, dancer, painter, photographer ... and most of all, a patriot) on December 29, 2008.

Jose Rizal died for us December 30, 1896. Today is his day. In a lamp at his "selda" he hid his last piece "Mi Ultimo Adios" which had these words, "Adios patria adorada.." (Goodbye my beloved country)

He was ahead of his time. With his novels "Noli Mi Tangere" and "El Filibusterismo" he showed everyone his courage. He was a visionary and he saw things that continue up this day.

If Rizal were alive today I would want to have some coffee with him. Talk to him, learn from him, and break bread with him. I look up to the man. I even made a song about him back in the late 90's. It's called "Idol ko si Rizal".

I guess if we just loved our country so much we would be willing to die for it. I would. But a dead me is a useless me. I am more useful alive. As long as I live, I will continue to espouse his dedication to uplift our country and our people.

We are a people with heritage. Period. Before we were colonized by Spain we had a culture, we had governance, we had commerce, and we had our art.

Long live Rizal and the other heroes like Bonifacio, del Pilar, Mabini who fought for our independence.

Long live THE FILIPINO AND FILIPINA.

State of Denial - Philippines

2009-03-07T09:19:00.001-08:00

Need I say more?

Greed and power appears to be the motivating factor ... Filipinos turn against Filipinos.

Fancy Stuff that the Philippines doesn't need

2009-02-28T22:59:00.001-08:00

COMELEC (Philippine's Commission on Elections) ... their problem is NOT to encourage the more young voters to vote ... THEIR PROBLEM IS COUNTING THE VOTES WITH ACCURACY AND INTEGRITY.

Big Issues for Small Minds

2009-02-28T13:13:00.001-08:00

In a country (Philippines) with such huge problems ... a lot of people waste time with trivial issues of ego and business. Too wrapped up in issues of their small minds.

One-sided Visiting Forces Agreement between the Philippines and USA

2009-02-25T14:52:00.000-08:00

The Visiting Forces Agreement was an agreement railroaded by the traitors within the Philippine Government. It completely compromises Philippine sovereignty and legitimizes the rape of Philippine integrity and sovereignty.

Another evidence of treason within the highest levels of Philippine government.

WORLD BANK REPORTS - HOW FG MIKE ARROYO IS INVOLVED AND HOW BID RIGGING WORKS ?

2009-02-12T14:07:00.001-08:00

Philippine government ... the criminal syndicate within ...

Enemies of the Republic of the Philippines

2008-11-29T10:05:00.000-08:00

Curse of corrupt leaders. They thoughtlessly rape their country and remain unpunished.

Lupang Hinirang

2008-11-23T17:57:00.000-08:00

The Philippine National Anthem creatively arranged and directed by Mae Paner.

AGA MUHLACH - GOVERNANCE UNDER ARROYO ADMINISTRATION

2008-06-27T13:05:00.001-07:00

How true ... how true!!!

We've lost our identity ... We've lost everything!

2008-04-13T15:28:00.000-07:00

Like-minded Pinoy

2008-04-06T11:12:00.000-07:00

I don't know who this person is but he's pretty much on the same frame of mind I am in ... a frame of mind that is full of hope ... but full of disgust for a country we both care for.

Shades of Hope ... and Despair

2008-04-06T11:02:00.000-07:00

Just as we think we've delivered ourselves to better things as a people ... the leaders we place in power continue to disgust us.

A Vicious Cycle - the Republic of the Philippines

2008-03-01T12:09:00.000-08:00

Jose Rizal gave us our Filipino identity ... Andres Bonifacio fought try to liberate it from foreign oppressors ... Manuel L. Quezon fought for independent rule.

Our heroes would turn on their graves to see ...

... 20 years of plunder by Ferdinand Marcos

... Less years of plunder by Joseph Estrada to acquire as much (... if not more).

... Lesser years yet by Gloria Macapagal Arroyo (and the First Gentleman) to acquire more wealth in office.

DIOSDADO MACAPAGAL too ... is turning in his grave.

One Big Popularity Contest

2008-02-23T10:01:00.000-08:00

What's wrong with this picture?

Ex-PRESIDENT JOSEPH ESTRADA - deposed earlier this decade due to massive corruption and subsequently convicted ... and pardoned.

Current PRESIDENT GLORIA MACAPAGAL ARROYO - taking much of the heat because of her corrupt administration ... and HUSBAND.

IN THE MIDST OF A MASSIVE CALL FOR GLORIA MACAPAGAL ARROYO'S OUSTER BECAUSE OF CORRUPTION ... A TESTED AND PROVEN CORRUPT EX-PRESIDENT SAYS ... HE IS WILLING TO LEAD.

IS THERE NO ONE WITH INTEGRITY LEFT IN THE PHILIPPINE LEADERSHIP?

Corruption from the President ... All the way down to the Cops

2008-02-21T17:12:00.000-08:00

This is not an unusual site.

The lowly traffic enforcer trumps up some bogus traffic violation or entraps a motorist with some hidden traffic sign and wamooo ... instant non-taxable income.

In this particular case, the traffic enforcers freaked because they found out that they were being video'd.

Corruption from the Top - ZTE/NBN is just the tip of the iceburg

2008-02-09T12:11:00.000-08:00

As Filipinos, it is not that we do not know who is stealing us blind ... everyone knows who are the corrupt ones in government - EVERYONE IN GOVERNMENT IS CORRUPT.

Deja Vu - Shades of the past could lead to no good

2008-01-26T13:53:00.000-08:00

Philippines - A Nation Changing ... for the worse

2007-10-27T19:07:00.000-07:00

THE PHILIPPINES ... A NATION WITH A MILLION HEROES

The Philippines is indeed changing as a nation. A country built by our forefathers like Rizal, Bonifacio, Mabini, del Pilar. They are long dead now and probably turning in their graves ... if anyone cares where they are buried.

Our nation is changing as our leaders change ... ZTE Broadband Scandal, Congress Cash Give-aways ... and finally ... the Joseph Estrada clemency.

Where hard earned tax Pesos are being disbursed in denominations of hundreds of thousands to "elected" officials without need of control or accountability ... where millions of $$$ are bribed to the powers that be that make decisions on government contracts ... and where a convicted plundering president walks off with a pardon ... one can only say ... WE HAVE INDEED CHANGED FOR THE WORSE.

THE PHILIPPINES ... A NATION WITH A MILLION ZEROES

Gift or Loot?

2007-10-17T16:16:00.001-07:00

100,000 to 500,000 Pesos in paper gift bags distributed to government officials in Malacanang October 11?

With so many in Philippine congress coming out in the open to say that they have been given "loot bags" with money in it ... and with no clear instruction for its purpose, one has to ask ... gift or loot?

First, Malacanang initially explained that ... "it is not unusual for congressmen to receive cash for local projects." Now that is really shabby ... I hate to think that hard earned tax money is distributed without controls, accountability or clear instructions.

Next, they say they have "no knowledge of such cash handouts (within the very secure Malacanang Palace)." Is this a clear acceptance that Malacanang doesn't even know what happens within its very secure compound? It is not far off then that they don't even know what goes on beyond those walls but within Philippine boundaries.

There is obviously a lot of wealth floating around within the Philippines ... or a serious lack of concern on where tax pesos go. Money floats around the rich and powerful like garbage floats in our rivers and lakes.

ELECTED government officials really should have a little more shame.

Outsourcing ... Why not the Philippines too?

2007-10-14T21:27:00.001-07:00

Call Centers, IT Development, Medical Services, Transcription ... Come on Philippine government ... WAKE UP!

Instead of endlessly debating trivial issues ... go to work and smell the opportunity if you care.

You can lose a political ally ... but you can't lose a relative.

2007-10-12T14:19:00.000-07:00

Philippines Street Children

2007-10-09T15:58:00.001-07:00

While government officials debate about trivial issues ... while they try to divide the "booty of public office" ... this surrounds them.

Spy vs. Spy (Presidential Commission vs. Presidential Commission)

2007-10-09T13:12:00.000-07:00

There's a hilarious headline I came across today on http://www.abs-cbnnews.com/ which reminded me of a cartoon I was so fond of as a kid ... Spy vs. Spy. This time around, it doesn't seem that funny when you read headlines that tell you ... "Embattled Chairman Camilo Sabio of the Presidential Commission on Good Government (PCGG) is under investigation by the Presidential Anti-Graft Commission (PAGC) for alleged malversation of funds."

While our good government officials are battling it out for the loot ... millions of Filipinos struggle to make a decent living. In an environment where we can only distrust those that are suppose to protect us ... what is one to do?

Dahil sa Iyo Imelda

2007-09-06T14:43:00.001-07:00

Because of you Imelda ... a lot of Filipinas have to go to other countries like Singapore to work as maids.

Here from a country that used to hire Chinese amas to care for their children during the mid 1960's.

Four legs good ... two legs even better

2007-06-30T11:57:00.000-07:00

Honest to goodness, the first book I ever read from cover to cover was "Animal Farm" by George Orwell ... and that was at age 17. A little too late for the achievement but nonetheless, a very significant event in my life.

Now that I look at the last few paragraphs of that book ...

He had only one criticism, he said, to make of Mr. Pilkington's excellent and neighbourly speech. Mr. Pilkington had referred throughout to "Animal Farm." He could not of course know-for he, Napoleon, was only now for the first time announcing it-that the name "Animal Farm" had been abolished. Henceforward the farm was to be known as "The Manor Farm"-which, he believed, was its correct and original name.

"Gentlemen," concluded Napoleon, "I will give you the same toast as before, but in a different form. Fill your glasses to the brim. Gentlemen, here is my toast: To the prosperity of The Manor Farm! "

There was the same hearty cheering as before, and the mugs were emptied to the dregs. But as the animals outside gazed at the scene, it seemed to them that some strange thing was happening. What was it that had altered in the faces of the pigs? Clover's old dim eyes flitted from one face to another. Some of them had five chins, some had four, some had three. But what was it that seemed to be melting and changing? Then, the applause having come to an end, the company took up their cards and continued the game that had been interrupted, and the animals crept silently away.

But they had not gone twenty yards when they stopped short. An uproar of voices was coming from the farmhouse. They rushed back and looked through the window again. Yes, a violent quarrel was in progress. There were shoutings, bangings on the table, sharp suspicious glances, furious denials. The source of the trouble appeared to be that Napoleon and Mr. Pilkington had each played an ace of spades simultaneously.

Twelve voices were shouting in anger, and they were all alike. No question, now, what had happened to the faces of the pigs. The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.

The Philippines has turned out so much like "Animal Farm" ... Mr. Jones, Pilkington and other human farmers that very much represents "foreign" forces ... the pigs like Napoleon representing our very own "government" ... the dogs representing the military and police force ... the work horses like the Overseas Filipino Workers ... and the sheep representing the complacent and unthinking majority within the citizenry.

Indeed, the foreign oppressors our parents and grandparents fought off are back ... except that this time, THEY ARE NO LONGER FOREIGN ... the pigs are truly walking on two and have now become more equal than the others.

Jose Rizal, a fading image ... Filipinism, an eroding feeling

2007-06-19T15:03:00.000-07:00

It is flattering that some Filipinos celebrate Rizal's birthday still. The picture taken by Philippine Inquirer (above) are a bunch of aging Rizalistas who marched in the formation of the Philippine flag towards the Quirino Grandstand on June 19, 2007 ... a display of their recognition of Rizal's role in our history and a display of their undying devotion to nationalistic ideals.

On the same day, an aging artist, Leonardo Cruz (74), was ecstatic to be able to fulfill his boyhood dream of being able to illustrate the pages of "Noli Me Tangere" through his paintings. That was his way of honoring his country and Jose Rizal.

Abroad, an international publisher, Penguin Books published a new translation of the same book and classified it as part of their exclusive Penguin Classics line.

Many of the foreign friends that I have had from Canada, the U.S., the U.K., Singapore, Hong Kong, Malaysia and even Mexico have heard of Rizal and all have praises. They at least have heard of his role in Philippine history.

Quite ironically, it appears that only the aging Filipinos remember ... only the aging Filipinos know ... and only aging Filipinos commemorate June 19 and December 30. Aging Filipinos and foreigners.

I once saw footage of Philippine News where they asked elementary and high school students to sing the Pambansang Awit (National Anthem) ... all missed out on the lyrics. A bigger shock came when they asked a teacher to sing ... and she missed the lyrics just as miserably.

I grew up in a generation which many would call "old." I sang the Pambansang Awit and recited the Panatang Makabayan every morning before school starts. I learned about the suffering and the plight of Filipinos throughout our history and learned to appreciate the Rizals, Bonifacios, del Pilars, Aguinaldos and all others who in their own ways contributed to alleviate conditions for Filipinos. It has always been a good reference point to remind me of who I really am and the heroes were a good role model to follow.

Yes, role models ... there doesn't seem to be a lot of that in recent Philippine history and politics lately.

Philippine nationalism and memories of our heroes are evidently fading ... isn't that just like being stuck in the middle of a dessert without a compass?

Funny Politicians?

2007-05-22T15:48:00.003-07:00

... but who ends up laughing? The hungry electorate or the rich politician?

What's next? Ronald McDonald for President?

The same old story

2007-05-22T15:48:00.001-07:00

If we care little for who we vote for ... if we never protect our votes ... we will continutally suffer.

There can be no victims if there are no fools.

Manny Pacquio for Congressman?

2007-03-27T11:36:00.001-07:00

I would never ask a good dentist to take out my tonsils ...

I wouldn't ask a boxer to make laws.

Pacman ... do what you do best for Filipinos ... earn some respect for the Filipinos as a boxer. In being a congressman ... you'll only disrespect yourself.

Cesar Montano for Philippine Senator?

2007-03-27T11:20:00.001-07:00

Oh no!!! Not another one of those actors going into politics. I say NO to Richard Gomez ... NO to Cesar Montano ... NO to Victor Wood and NO to all the celebrities who reduce Philippine public positions to one big popularity contest. You can always win that contest ... but can you ever make a difference???

Leo Martinez on actors and politics

2007-03-23T14:34:00.001-07:00

Leo Martinez ... a comedian ... ironically, makes a lot of sense.

If only Filipinos hear it loud and clear ...

Jun Urbano/Leo Martinez - Filipino heroes through satire

2007-03-23T14:28:00.001-07:00

Jun Urbano (who I think is the son of Juan Tamad) follow in his father's footsteps to deliver a funny but stinging message to the Filipino ... and Filipino leaders.

I just wonder if the intended audience gets the underlying message at all ...

Imelda Marcos now running for Manila Mayor?

2007-03-22T16:32:00.001-07:00

Beauty fades ... but extravagance and greed lives on ... Imelda Marcos ... return the country's wealth and leave us alone ... don't think you could rob us blind again by running for Manila Mayor.

Senator RICHARD GOMEZ

2007-03-07T17:35:00.001-08:00

What a nightmare ... this guy in the Philippine Senate?

Richard Gomez for Senator?

2007-03-07T17:33:00.001-08:00

These are thinking Filipinos.

So how come Richard Gomez might be senator after the May 2007 elections?

2007 Elections Deja Vu

2007-03-03T12:13:00.001-08:00

All talk ... no action.

If we had 1 centavo for all the promises made in each election ... we would have paid for the billion dollar foreign debt we have accumulated.

Richard Gomez - No way!!!

2007-03-03T12:01:00.001-08:00

He'll win the election but we'll all lose.

Have you ever checked his track record in MADD? How about his role in Sports Development?

He says he doesn't know all the issues ... maybe he should. He says he'll fight for what is right for everyone ... how does he know? ... He doesn't know all the issues.

Richard Gomez ... Ronald Reagan YOU ARE NOT. If you truly want what is good for the Filipino ... LAY OFF politics.

Loren Legarda ... what an option???

2007-03-03T10:41:00.001-08:00

Remember her? Once a staunch critic of Joseph Estrada.

For political ambitions, she kissed his boots and joined forces with him to run as Vice President along with Estrada's long time friend and ally ... Fernando Poe Jr. (another actor with a dubious background).

Fernando Poe Jr. ... well, he's another interesting story.

To Loren Legarda's problem of funding her campaign, I can only offer one very practical advise ... kiss Joseph Estrada's boots again to get funding.

Living it up ... Communist-style

2007-03-03T10:13:00.000-08:00

There's something a little odd about this picture ... the suit, the place (Neatherlands), the company (Ara Mina, a Filipina movie sex symbol), and the event (a Christmas bash).

This is Jose Maria Sison, the self-proclaimed figure head of the Communist Party of the Philippines ... living it up and boasting about it.

In the meantime, comrades-in-arms back in the Philippines are hiding in jungles ... hunting for food and facing the elements to fight for their cause.

I remember a song that the "Pet Shop Boys" made a hit back in the 80's and some of the lyrics go like this ...

"I've got the brains ... you've got the brawn ... Let's make lots of money ... "

I guess in this case, the lyrics should go ...

"I've got the brains ... you've got the brawn ... Let's fight for the commies ... "

I've always had admiration for a person who fights for a cause (whatever that cause may be) ... but how can you admire a person who just flaps his mouth and let's others do the fighting?

The Police - Returns

2007-02-12T20:29:00.001-08:00

So how does this affect the Philippines? I don't know ... maybe Philippine leaders should listen to the lyrics of his songs ... maybe they'll administer government better.

A Celebration of U.S.-Philippine Alliance

2007-01-30T09:42:00.000-08:00

The way things have been going, the equal alliance between the two nations have been pretty much EQUAL ... the U.S. says roll over ...

Who remembers Jose Rizal?

2007-01-27T11:55:00.000-08:00

It is ironic that on the eve of Rizal Day (December 30, 2006), the Philippine government gave up our sovereignty by surrendering custody of a convicted rapist (Lance Corporal Daniel Smith) into U.S. custody.

Yes, Rizal Day is a holiday in the Philippines but how many Filipinos really appreciate the significance of the day ... apparently, our very own government officials don't.

I came across a really good article by Isagani Cruz of the Inquirer which I re-post here. I feel an article like this should never really be put out of circulation in the hope that it might hit a soft spot in some Pinoy somewhere and at some time.

Here goes ...

_______

Remembering Rizal
By Isagani Cruz

InquirerLast updated 03:46am (Mla time) 12/30/2006

Published on page A10 of the December 30, 2006 issue of the Philippine Daily Inquirer
TODAY is the 110th anniversary of the execution of Jose Rizal in Bagumbayan. Without meaning any sarcasm or reproof, I am wondering how many of our young people today appreciate the significance of that event which made our country free.
It is regrettable that what they may choose to remember is not the martyrdom of Rizal but the killing of John Lennon 26 years ago in New York. It was he who boasted that the Beatles had become more popular than Jesus Christ, and perhaps he was right. Some of their fans, including not a few from our own country, may really consider the songsters and their rock music more appealing.
I recently found that the 2006 calendar issued by the Supreme Court apparently does not place much importance either on Dec. 30. It is simply printed in red and called Rizal Day. There is a brief note that it marks the oath-taking of President Manuel L. Quezon in 1941 and President Ferdinand Marcos in 1969, both for their second terms. But there is no reminder of Rizal’s sacrifice in 1896 as if it did not deserve any mention at all.
If the Supreme Court assumed that every Filipino knows about Rizal, it must be out of step with the times. Many citizens may now simply take Rizal as the name of a province or the statue at the Luneta or that old memorial stadium in Manila. Even the plaster busts of him that used to adorn the old libraries in my grandfather’s time have disappeared. The Noli-Fili books are compulsory reading in our schools, but many students prefer Harry Potter.
Before the war, Rizal Day was celebrated with programs and parades mostly organized by the Veteranos de la Revolucion. But the Katipuneros are all gone like the former veneration of the hero. The memory of the great man is dissipating except in the usual street signs, which are mixed with reminders of the martial law period like Imelda Avenue and Marcos Highway. Marcos tried to replace Rizal as the foremost Filipino hero but his ugly cement face in La Union was mangled instead by his irate victims.
Remembrance of Rizal is fast disappearing when it ought to be cherished and honored by all Filipinos. It was he who, more effectively than any one else among his compatriots, unified the disparate inhabitants of our archipelago into one nation. It was he who made them share a common rage against the foreign intruder and a common aspiration for the freedom of their land.
Without him, and I say this without offense to those who followed his leadership and example, our people may still be under the yoke of some alien ruler. Consider that we were oppressed by Spain for more than three centuries and it was only when Rizal protested its villainies that Bonifacio’s armed revolution began to smolder. It was the execution of Gomburza, to whom Rizal dedicated the “Noli Me Tangere,” that ignited the spark of resistance against the Spanish government. But it was Rizal who fanned the flames into a bright conflagration.
Rizal awakened the national conscience from its lethargy not through the force of arms but with the armies of his pen. These were the “Noli” and “El Filibusterismo,” his “Letter to the Women of Malolos,” his youthful poems for the Motherland, his “Mi Ultimo Adios” that he secreted in a lamp in Fort Santiago hours before his death, and other irrefutable accusations against the Spaniards. His words were like mighty legions that won for our country the freedom we now enjoy.
Let not the idiot who once criticized me for speaking in English at a nationalistic program belittle Rizal’s writings because most of them were in the tyrant’s tongue. That jingoist who is now a National Artist must think his expertise in Tagalog has exalted his empty mind. Sentiments are best expressed in words one knows best and Spanish was for Rizal his sharp and avenging sword.
That is why, if I may digress, I heartily support the bill restoring English as the medium of instruction in our public schools. During the pre-war years, that educational policy made us the most proficient English-speaking people in the whole continent of Asia and many other parts of the world. English is still, along with Filipino, our official languages under our Constitution. Filipino is a beautiful language that is easily learned without formal instruction, but it is not useful for international communication.
To go back to Jose Rizal, I hope we can revive the reverent sentiments of gratitude to him for his efforts in releasing us from foreign bondage. Political rhetoric is not enough to keep his heroism alive. Let us remember that he forsook the enticements of his youthful and gifted life and embraced instead the ultimate sacrifice for the welfare of his country. That is the best homage we can pay the greatest hero of our race.

From the horse's mouth

2007-01-09T11:44:00.000-08:00

Wouldn't you know it ... even the US judicial system thinks that Lance Corporal Daniel Smith (the US marine convicted of rape) should be in Philippine custody.
__________________

US judicial system favors Pozon's view
First posted 20:47:02 (Mla time) 2007-01-09 Inquirer

THE CONTROVERSY over the custody issue of rape convict Lance Cpl. Daniel Smith arose from the conflicting interpretations of the phrase "all judicial proceedings" in the Visiting Forces Agreement. Specifically, that provision states that US personnel tried for crimes in Philippine courts shall remain in US custody until after the completion of all judicial proceedings.
The Court of Appeals has sustained the trial court's interpretation that the VFA provision allowing the US Embassy to keep custody of Smith in all judicial proceedings covers only proceedings before the trial court, and not the appeals process. According to the court, "The term 'all judicial proceedings'... refers to all trial court proceedings. The term is used in its descriptive sense, not in its all-embracing sense." In support of its interpretation, the appellate court said Smith may not remain further under US custody after completion of all trial proceedings because the United States has no longer any further obligation to hold and produce him for any investigative or trial court proceedings. (PDI, 1/4/07) I agree with this interpretation.
The above interpretation specially makes sense in light of the fact that under the American judicial system, upon his conviction by the lower court, a defendant in a criminal case is deemed guilty until his conviction is reversed on appeal. Effectively, until such time, his civil liberty and, to some extent, his political rights, such as the right to hold or to be voted to public office, are suspended. Logically, under this system, "all judicial proceedings" are deemed terminated once the defendant is convicted, and therefore deemed guilty until subsequently finally found innocent, in the lower court.
When it signed the VFA, had the US government not in mind the foregoing restrictive definition of judicial proceedings in light of its own criminal justice system?--DIOSDADO V. CALONGE, director, Prosecution Bureau, Office of the Special Prosecutor, Sandiganbayan Building, QC

We never authorized you to surrender Philippine sovereignty !!!

2007-01-06T12:20:00.000-08:00

IDIOTIC QUOTE :

"When you enter into a treaty you limit or restrict your sovereignty. An example is the VFA, where we restricted our sovereignty in the application of Philippine law,’’ - Foreign Affairs Assistant Secretary for Legal Affairs Victor Garcia (in photo)

___________________

Smith hopeful SC will clear him
The Philippine Star 01/07/2007

Marine Lance Corporal Daniel Smith is optimistic that the Supreme Court will reverse his conviction for rape, his spiritual adviser Fr. James Reuter, S.J., said yesterday.
"He has real high hopes that the decision will be reversed. He’s taking everything that is happening to him very peacefully,’’ Reuter said in a phone interview.
Reuter said Smith was not bothered by the move of the camp of "Nicole" to have his transfer to the US Embassy declared illegal. The 23-year-old Filipina rape victim is publicly known as "Nicole.’’
On Dec. 29, invoking a legal opinion from the Department of Justice on an agreement on custodial rights signed by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney, Interior and Local Government Secretary Ronaldo Puno ordered the Makati City jail to turn over Smith to the US Embassy.
The Court of Appeals upheld on Jan. 3 the transfer of Smith but also stressed that Makati City Judge Benjamin Pozon did the right thing when he ordered the detention of the convicted rapist at the city jail. It was Pozon who convicted Smith for the rape of "Nicole" in Subic in 2005.
"The Visiting Forces Agreement, as an international treaty, is legal and valid. We are glad that the CA settled the custody issue,’’ Reuter said.
He said he has been visiting Smith more often at the embassy.
Smith, Reuter said, has had bouts of depression but is always instantly buoyed by the letters of support from people who believe in his innocence.
"He’s glad that there’s a growing number of people who believe in him, who cheer him up,’’ Reuter said.
"Even if he’s suffering, I think he’s taking all this peacefully. I always tell him God will never let anything happen to you unless He has some reasons and Smith accepts that 100 percent,’’ Reuter said.
He said the conditions at the US Embassy are better. Smith has a small room with a bed and a little table where he places his laptop computer. Smith occasionally surfs the Internet.
Reuter said Smith now stays at the room previously occupied by Marine officer Chad Carpentier, who was acquitted along with fellow Marines Dominic Duplantis and James Silkwood.
"He’s a little bit lonely because he misses his friends, Carpentier, Silkwood and Duplantis,’’ Reuter said.
He said he recently blessed the room because of reported "ghosts.’’
"But that was Chad who believes there were ghosts in that room. Smith isn’t really bothered by that, still I blessed the room. I don’t believe in ghosts. When Chad was here, he used to complain about seeing and hearing things, which was corroborated by guards and staff in the embassy,’’ Reuter said.
He said Smith’s parents postponed their planned visit for fear of the media and the mob. "They saw the screaming crowd during the trial and saw how Smith was dragged. They don’t want to experience that here,’’ Reuter said. He said Smith was also traumatized by the media frenzy and had refused to be interviewed and photographed because he felt "they were just using him for publicity.’’
In an earlier interview with GMA-7, Reuter said Carpentier was demoted by the US court martial but details on the proceedings were unavailable.
He said they were informed that only Carpentier was made to face the proceedings because he was the leader of the platoon to which Smith, Lance Corporals Silkwood and Duplantis belonged. Silkwood and Duplantis have since been reassigned to other units.
Meanwhile, Presidential Legal Counsel Sergio Apostol questioned the role of private lawyers in the battle over Smith’s custody.
Apostol said private lawyers are only allowed to represent the civil aspect of a criminal case.
"A private prosecutor can only intervene in a criminal prosecution when it involves civil liabilities. Custody does not involve civil aspect, they have no personality to appear,’’ Apostol told reporters during the weekly Kapihan sa Sulo Hotel forum in Quezon City.
He said he would ask the solicitor general to raise the matter before the Supreme Court.
Apostol was referring to lawyer Evalyn Ursua’s representing Nicole before the Court of Appeals regarding the petition for Smith’s transfer to the US Embassy.
Ursua has accused Apostol and other top government officials of conspiring to allow a convicted rapist to escape from prison.
With Smith already under US custody, the CA declared the petition moot.
At the same forum, Foreign Affairs Assistant Secretary for Legal Affairs Victor Garcia reiterated that Smith’s transfer is in accordance with the VFA.
He said the confusion centered on the interpretation of custody, sovereignty and custody over the case.
"When you enter into a treaty you limit or restrict your sovereignty. An example is the VFA, where we restricted our sovereignty in the application of Philippine law,’’ he said.
Citing provisions of the Revised Penal Code, Garcia said, "Except in cases of treaties and laws of preferential application the provisions of this law apply to all crimes committed in the Philippines.’’
But he stressed that the DFA is firm on keeping Smith in a Philippine jail if the Supreme Court would uphold his conviction.
"Our position is that once this matter has reached the Supreme Court and there is a final conviction of his crime, he (Smith) has to serve his sentence in the Philippines,’’ Garcia said. —

Patricia Esteves,
Perseus Echeminada

Where are the role models in government ?

2007-01-05T23:29:00.001-08:00

Marcos Era - Part 2 ?

2007-01-05T23:04:00.001-08:00

I was part of the first People's Power Revolution of 1986 and I had dreamed that that day would never again be necessary.On my last visit home in mid-2006, I had read many signs I didn't want to believe. To my mind, they were very similar signs that I had seen in 1985. Something is brewing and I often wish I am wrong.

Philippine Idol

2007-01-05T22:40:00.001-08:00

Filipinos are WORLD-CLASS. It's too bad that our own government isn't in the same class.

Remembering Jose Rizal

2006-12-26T14:09:00.000-08:00

December 30, 1896 saw Jose Rizal executed in Bagumbayan. It is a public holiday when Filipinos recall one of a number of defining events in history that make Filipinos proud. We Filipinos fondly call it “Rizal Day.”

Traditionally, the Philippine president honors the day by laying a wreath on Jose Rizal’s memorial statue at the Rizal Park. Speeches are delivered on how Rizal defined Filipino nationalism and how we should be proud to be Filipino.

Indeed, the Rizal Day celebration in 2006 will be a defining moment that all Filipinos should be “proud” when on the eve of Rizal Day, we again bowed our heads, caved in to U.S. pressure and surrendered our sovereignty. THE CONVICTED U.S. MARINES IS STOLEN FROM THE PHILIPPINE JUSTICE SYSTEM AND TAKEN INTO U.S. CUSTODY.

A CONVICTED U.S. MARINE RAPIST CELEBRATES HIS COUNTRY’S MIGHT … TO THEM “MIGHT IS RIGHT”.

THE U.S. PUPPETS IN GOVERNMENT CELEBRATE THEIR VICTORY IN ASSURING THEIR OWN POLITICAL ENDS THROUGH CONTINUED U.S. BACKING. THEY ARE NO LESS THAN TRAITORS.

A VAST NUMBER OF FILIPINOS WILL REINFORCE THEIR LACK OF FAITH IN THEIR GOVERNMENT … AND COUNTRY.

… AND JOSE RIZAL WILL TURN IN HIS GRAVE WITH SHAME AND DESPAIR. HE MAY HAVE DIED FOR NOTHING.

TO FILIPINOS ALL OVER THE WORLD … MAY THE MEMORY OF RIZAL STRENGTHEN THE LITTLE FILIPINO PRIDE LEFT IN US THESE DAYS.

-------

SMITH TRANSFER TO US CUSTODY

Nicole: ‘A stab in the back by Arroyo’

By Tarra Quismundo, Norman Bordadora, Cynthia Balana

InquirerLast updated 01:39am (Mla time) 12/31/2006

ARROGANT TREACHERY. AN UTTERLY shameless act by people who are like “thieves in the night.”
A raw deal against the Filipino people. A stab in the back by no less than President Macapagal-Arroyo.
These were some of the virulent reactions provoked by the middle-of-the-night transfer on Friday of US Marine Lance Cpl. Daniel Smith from a Makati jail back to the custody of the US Embassy despite his conviction on charges of raping a Filipino woman.
“Nicole,” the rape victim, said she heard about the transfer on midnight of Friday and it brought her to tears.
“Talagang bastusan na ito ng harap-harapan (This is now really in your face shamelessness.). All that they would defend was the relationship between the US and Philippines... Is this really how the Philippine government is? Only in the Philippines. I am so dismayed,” said Nicole, spilling out her anger in a mix of English and Filipino.
For the 23-year-old Filipino woman who won a historic rape case against Smith, getting up yesterday morning after hearing the news the night before was like waking up from a nightmare.
Former Senate President Jovito Salonga branded the government move to hand Smith back to the Americans as “a raw deal and a midnight transaction.”
Salonga, one of the country’s most respected lawyers, said the victims of the government’s giving in to US pressure were Nicole and the country’s justice system.
“The raw deal was done against Nicole and the judicial process... against Judge Benjamin Pozon, also against the Court of Appeals,” Salonga said. “It is largely against the Supreme Court, where there is a pending case filed by Nicole and her lawyer Evalyn Ursua,” Salonga told the Inquirer.
Binay alerted
Nicole has questioned the constitutionality of the US-Philippines Visiting Forces Agreement, which the US invokes in claiming custody over Smith.
The women’s group Gabriela also slammed the transfer move.
“Like thieves in the night, the Arroyo administration and its cohorts from the foreign affairs and justice departments, as well as the Filipino lawyers for Smith, have again done this cunning move,” said Emmi de Jesus, Gabriela secretary general.
“Of course I cried, as in I really cried after hearing about it... They (the Philippine authorities) have no respect for the courts and the government just decided to take its own step so that Smith could return to the US Embassy,” Nicole said by phone, her voice trembling.
Interior Secretary Ronaldo Puno told the Inquirer it was his office that made the decision to allow the return of Smith to US custody—despite the absence of a Court of Appeals ruling on the Smith custody issue. (Story on Page A8.)
US takes care of its own
Nicole said this violated the ruling of Judge Benjamin Pozon, who had ordered Smith confined at the Makati City Jail pending an agreement between the two governments on the facility where he was to be incarcerated.
“If I had the choice, I would like to be a US citizen now because they (the US) would defend a citizen, even if he is a convicted criminal, while the Philippines would not defend someone who is fighting for her rights,” said the Zamboanga native.
Knowing that Smith’s transfer was a decision by the executive branch, Nicole had strong words for Ms Arroyo.
“She’s stabbing us in the back, I know, for the Americans. In 2007, we’ll have elections again and I hope the people will vote for those who can defend them from these Americans,” Nicole said.
End won’t justify means
Even administration ally Sen. Miriam Defensor-Santiago sounded aghast at what happened.
“I’m afraid that the end does not justify the means... The means used is questionable because this is under the jurisdiction of the judicial branch and, hence, the executive cannot take any step concerning physical custody of the accused without judicial authority.”
Santiago added: “Secretary Puno should have not acted on his own. And I’m afraid that strictly speaking, he’s now in contempt of court. Assuming for the sake of argument that Puno’s action will need the approval of President Arroyo, the President cannot be sued because she enjoys immunity from suit.”
Puno should be fired
Santiago said the judge should give Puno 24 hours to explain why he caused the transfer without court authority.
Senate Minority Leader Aquilino Pimentel Jr. said that if it was Puno who ordered Smith transferred to US custody, “the guy should be fired.”
“It is also a raw deal against our oppressed people,” added Salonga, who in 1991 led the Senate in voting down an extension of the RP-US bases treaty.
Salonga said that he was informed of the plan to transfer Smith to the embassy as early as a week or two ago.
“I alerted Makati Mayor (Jejomar) Binay against the possibility that (Smith) may possibly be taken out by the American Embassy in connivance with the Philippine government,” he said.
Told of the government’s legal opinion that Smith was transferred in accord with Pozon’s decision that he be transferred to a mutually agreed upon place of detention, Salonga said the government lawyers failed to read the latter part of Pozon’s decision.
“It said ‘until further orders of this court,’” Salonga said.
The militant group Sanlakas said the move was tantamount to treason on the part of the President.
“(Ms Arroyo), who authorized the transfer of Smith to US custody, must be held responsible for this. She already has betrayed Rizal and the Filipino people,” Sanlakas president Wilson Fortaleza said. He was referring to Ms Arroyo’s speech on Rizal Day Dec. 30, 2002 that she was not running for office to unite the nation.
“The surreptitious release of US Lance Cpl. Daniel Smith, in the middle of the night at that, to the custody of the US, despite pending litigation in Philippine courts, is not only a violation of the Constitution, but also a complete disregard and disrespect for the judicial branch including the Supreme Court,” said the lawyers group Counsels for the Defense of Liberties.
“It is not only a contempt of court, but treachery that signals the complete breakdown of the rule of law,” it added in a statement.
US flag burned
Angered by the removal of Smith from Philippine custody, scores of Filipino leftists burned a US flag and condemned Ms Arroyo as a traitor who should be impeached.
About 80 militants set the American flag on fire near the heavily guarded US Embassy, yelling “Oust GMA, junk VFA.” Some carried placards that read: “Stop rape of our women, stop rape of the justice system.”
Riot police pushed the protesters back and unsuccessfully tried to arrest some in a brief scuffle. The protesters left without further incident.
Migrante International, an alliance of militant overseas Filipinos and their families, called on the Senate to conduct a full investigation into Smith’s transfer as well as on the VFA to pave the way for its abrogation.
‘Arrogant treachery’
“Clearly the move was upon Arroyo’s orders. Her arrogant treachery against the Filipino people knows no bounds. She is guilty of violating the Constitution, trampling on our sovereignty and desecrating our dignity as a people,” said Connie Bragas-Regalado, Migrante International chair.
Along with the President, Foreign Secretary Alberto Romulo and Justice Secretary Raul Gonzalez and all others responsible for the “diabolical move” should be held criminally liable, Regalado said.
“They expose themselves anew as little more than puppets and mouthpieces of the US,” she added.
Washington has demanded custody of Smith, saying his detention violated the VFA, which governs the conduct of US troops in the Philippines.
Smith has appealed his rape conviction and the accord provides that any accused US serviceman shall remain in US custody until all judicial proceedings are exhausted.
Judge Pozon argued he should remain at the Makati jail because the provision in the bilateral accord did not apply after a conviction.
The Philippine departments of foreign affairs and justice have backed the US position. Still, the United States canceled next year’s annual joint military exercise with the Philippines because of the custody dispute.

With a report from Jerome Aning

Honest Opinions. Their words ... not mine.

2006-12-26T11:18:00.000-08:00

I didn't say it ... an American did. Need I say more?

___________________________
If rape happened in the US
First posted 01:30:43 (Mla time) 2006-12-27 Inquirer

I READ in the financial times of London that the United States is pressuring the Philippine government to release a recently convicted American rapist into US custody, otherwise the US government will withhold its military aid for the Philippines.

As an American, I can say unequivocally that had the incident--where an incoherent, drugged or drunk, sexually abused young woman was flung in a state of degrading undress on to a street filled with horrified citizen witnesses--occurred in the United States, the criminals (even if they were a group of foreign soldiers) would all be facing long prison sentences. There would be no spiritual advisers like Fr. James Reuter, no "We Love The Rapist" female fan clubs in Makati and, certainly, no overt or covert pressure from any foreign government to "go easy on the lads."

Where on earth can such things happen except, it seems, in the Philippines, where a significant sector of the population still indulges in a self-hating colonial mentality, which gives a disgusting, foreign rapist higher importance than the rights and honor of an abused local citizen?

May those multitudes of good Filipinos who uphold justice and respect human dignity demand that their government refuse to cave in to US blackmail. After all, it is more likely that the Bush administration will ultimately decide to sacrifice one dumb rapist rather than risk its strategic position in the Pacific area.

--ROBIN EASTMAN-ABAYA, via e-mail

Copyright 2006 INQ7.net and content partners.. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Sovereignty or War Games ... a Question of Priorities

2006-12-25T14:29:00.000-08:00

The custody saga for the convicted US Marine rapist continues as Filipinos celebrate their Christmas.

As all world leaders publicly declare their desire for world peace ... it is perhaps my wish for the Filipinos to find their deserved respectable place in the world. Yielding Philippine sovereignty would not be the best way to do that.

When one looks back at his own past ... you get to realize that many good blessings come from seemingly bad circumstances. Philippine militant leaders seem to present a good point ... are the annual Philippine-U.S. war games really critical to Filipino aspirations?

A few months ago while I was in Singapore, an Australian national was sentenced to death by the Singapore courts for drug dealing. Drug dealing as you know, is punishable by death under Singaporean laws. Despite pressures by no less than the Prime Minister of Australia, Singaporean authorities kept their ground and stuck to their laws. THEY EXERCISED THEIR RIGHT TO SOVEREIGNTY. A tiny nation who's only real resource is their people clearly delivered a message that said ... "While you're in my turf ... you need to follow my rules." Singaporeans are proud to be Singaporeans.

I am wondering ... can Filipinos be truly as proud if we get pushed around in our own turf?

TO ALL FILIPINOS ALL OVER THE WORLD ... MERRY CHRISTMAS AND A HAPPY NEW YEAR STANDING PROUD AS FILIPINOS
_____________________________

Militants cheer cancellation of RP-US military exercises

By Michael Lim Ubac
InquirerLast updated 10:35pm (Mla time) 12/25/2006

MANILA -- The cancellation of next year's RP-US war games was not a "setback" to the US-Philippines' relations but the "only good thing to have come out" of the Subic rape case, militant lawmakers said on Monday.

Bayan Muna Rep. Teddy Casino said it was in fact "good news." "Nicole is the David that has (slain) the Goliath of US military intervention in the Philippines. I hope this causes the total withdrawal of US troops from the country, so our sovereignty is not compromised," said Casino.

In separate interviews, Representatives Crispin Beltran and Rafael Mariano of Anakpawis party-list lauded the cancellation of 2007 RP-US war games as an offshoot of the Philippine courts' refusal to return rape convict Lance Corporal Daniel Smith to US custody.

Mariano called on Malacañang to stop pressuring Makati Judge Benjamin Pozon, who had convicted Smith for the rape of Filipino woman "Nicole," and the appellate court that rejected issuing a temporary restraining order on Pozon's decision to commit Smith to the Makati City Jail pending his appeal.

Smith has been held at the Makati City Jail since Dec. 4, when Pozon convicted him of raping "Nicole" at the Subic Bay Freeport on Nov. 1, 2005.

Hailing the cancellation of the annual RP-US war games, Beltran said: "This is the only good thing to have come out of this entire ordeal Nicole went through. Nicole was raped by US military servicemen, and the Philippines' sovereignty was also being continually abused and raped because of the continued holding of the RP-US war games."

He said the cancellation of the Balikatan exercises was "something to rejoice over."
Press Secretary Ignacio Bunye, the spokesperson of President Macapagal-Arroyo, had said US authorities "surely understood" that the custody case of the American Marine convicted of raping a Filipino woman was now running its course through the Philippine judicial system.
Bunye said the Arroyo administration remained committed to the Philippines-US Visiting Forces Agreement. He pointed out that Smith's case had been elevated to the Court of Appeals.
"What is important is to have an early resolution. We leave that to the sound judgment of the [appellate court], but [it] should consider our international commitment," he said.

Beltran said that Malacañang and its agencies should stop putting pressure on Pozon and the Court of Appeals to reconsider their stand on the rape issue. He said that Malacañang was lobbying for US military interests and by doing so, "it further exposes where its true loyalty lies."

The militant leader, currently detained because of alleged involvement in the foiled power grab in February, said that the custody battle over Smith was swiftly developing into a test case for US-RP relations.

"The US cannot even respect RP (Philippine) law and insists on the superiority of a highly unpopular military agreement. The US is trying to bully the Philippine government yet again into doing its bidding," he said.

Surrendering Smith to the US Embassy would negate justice for Nicole, said Beltran.
He said Malacañang was falling all over itself trying to placate US authorities on the one hand, while browbeating the Court of Appeals and Pozon into turning Smith over to US custody on the other.

"Malacañang should cease and desist, and instead respect the decision of both Pozon and the CA. It does not matter if the US cancels all its military agreements with the Philippines--these are exercises that have done nothing but prove that the Philippines remains a massive landing and launching pad for US military forces," he said.

Copyright 2006 Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Subic Base Rape Case - Bad Teachers Make Bad Students

2006-12-24T14:16:00.000-08:00

If it looks like I can't get over this issue ... its only because I can't.

Now I'm beginning to understand why we've gotten to the mess we're in with both the Subic Base Rape Case (custody issue of the convicted U.S. marine) and the perpetual issue of Charter Change and it is simply this ... WE HAVE A GOOD SET OF RULES (THE CONSTITUTION) BUT WE NEVER SEEM TO FOLLOW IT.

Again, I've spotted the perfect news item published in the Philippine Daily Inquirer website to illustrate how we can't seem to understand the separation and inherent check and balance in the EXECUTIVE, LEGISLATIVE AND JUDICIARY branches of government.

The U.S.A. gave us a good system of government but like the high-tech weapons we buy from them ... they never teach us to use it properly. You'd think that the authors of democracy would be more careful in setting a good example.

Then again, maybe I'm wrong ... I think the French invented democracy. LIBERTY ... EQUALITY ... FRATERNITY.

___________________________________
Palace to CA: Turn over Smith to US

First posted 23:11:28 (Mla time) 2006-12-24
Christine Avendaño TJ Burgonio
Inquirer

AS US officials announced on Friday the scrapping of next year’s RP-US war games as a result of the custody dispute over Lance Cpl. Daniel Smith, Malacañang was again moving to convince the Court of Appeals why it should allow the Marine’s return to American custody.

But the “very urgent manifestation and motion” of the Office of the Solicitor General, which was representing the Department of Foreign Affairs, was filed shortly before the close of office hours at the appellate court, and officials there merely “noted” its filing.

This means that the court will deliberate on the latest OSG motion only on Dec. 27, when it resumes sessions, Solicitor General Antonio Eduardo Nachura said yesterday in a phone interview.

This also means that Smith will spend Christmas Day today at the Makati City Jail, where he has been held since he was convicted on Dec. 4 of raping “Nicole,” a Filipino woman, at the Subic Bay Freeport on Nov. 1, 2005.

Nachura said the new motion was a result of another agreement forged between Manila and Washington regarding their Dec. 19 manifestation before the appellate court seeking Smith’s transfer to US custody.

Place of detention

The new agreement was signed by Foreign Secretary Alberto Romulo and US Ambassador Kristie Kenney on Friday morning, or hours before the US Embassy confirmed the announcement of Adm. William Fallon, chief of the US Pacific Command, that the annual RP-US Balikatan military exercises had been canceled.

The second agreement specifies a room at the US Embassy in Manila where Smith will be detained while his rape conviction is being appealed, the solicitor general said.

It also states that the Philippine government, police and interior secretary will be given “inspection rights,” he said.

According to Nachura, the new agreement is also meant to allay fears that US authorities will “spirit Smith away” if he is returned to American custody.

The cancelation of Balikatan 2007 was a result of the legal dispute over how the RP-US Visiting Forces Agreement, a 1999 document governing the conduct of the joint military exercises, should apply to Smith, particularly on whether he should be returned to US custody while his conviction is on appeal.

Makati Judge Benjamin Pozon, who heard the rape case and eventually convicted Smith, had ordered that the soldier be detained at the Makati City Jail.

Smith’s lawyers questioned the decision and took the case to the appellate court. And in keeping with VFA commitments, Malacañang, through the DFA, filed a motion in intervention and asked the appellate court to return Smith to US custody.

But the court said it must review Pozon’s commitment order before making a decision.

The US Embassy contends that Smith’s continued incarceration at the Makati City Jail is in violation of the VFA—a position in which the Philippine departments of justice and of foreign affairs concur.

Nachura said he hoped the appellate court would favorably consider the latest motion of the executive branch.

He said the custody case was now in the court’s hands, the executive branch having exerted efforts to have Smith transferred to US custody in keeping with VFA commitments.

Don’t bamboozle court

Senate Minority Leader Aquilino Pimentel Jr. cautioned Malacañang against pressuring the Court of Appeals on the custody case.

Pimentel said the Philippine government was “well within its right” to voice its position on the case in view of the cancelation of Balikatan 2007. But he said the issue “should be taken within the ambit of the case” now pending before the court.

“To allow the executive branch to bamboozle the court, that is something else,” the senator told the Inquirer.

If at all, he said, the executive branch should argue its case before the court of law, not before “the bar of public opinion.”

“They should push their arguments through the judicial process. In other words, any pressure should be subsumed by arguments presented to the court. They should make their arguments, not before the court of public opinion, but before the court of law,” Pimentel said.

On Saturday, Press Secretary Ignacio Bunye said that the cancelation of Balikatan 2007 was a “setback” to the Philippine military’s modernization program, and that the appellate court should consider the VFA.

“What is important is to have an early resolution. We leave that to the sound judgment of the appellate court, but it should consider our international commitment,” Bunye said.

Divisive pressure

Pimentel also advised the appellate court not to “yield to “external pressure” and to “decide on the case on its legal merits.”

“Only in that way will the issue be laid to rest,” he said, adding:

“Like extrajudicial killings, extrajudicial pressure is divisive.”

Pimentel also said the Philippine government had no reason to complain if the US government canceled the war games and, eventually, stopped giving aid to the country.

“If the United States, the only superpower in the world, believes that the Balikatan exercises are not that vital for its security and ours, who are we to complain?” he said.

Copyright 2006 INQ7.net and content partners.. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

US Marines protect Iraqis but need protection in the Philippines

2006-12-22T13:31:00.000-08:00

Unbelievable!!!

The United States has suspended joint Philippine-US wargames ... the annual practice of grown men suppressing make believe threats in make believe dangerous places. They have also suspended all aid to Filipinos ravaged by recent typhoons.

“The custody issue is at the heart of this,” embassy spokesman Matt Lussenhop told INQUIRER.net. "Due to the current custody issue (over the US Marine), the usual protection provided to US servicemembers is in doubt."

While aid to typhoon victims is a charity that is much appreciated ... I didn't think a charitable act had a price. Well ... so much for the kindness of their hearts ... no custody of the convicted US marine means no more charitable acts. Fine ... now it's clear ... aid to typhoon victims isn't charity then ... it demands something in exchange. At least that clears that.

As to the war games ... it really provides our Filipino soldiers the training in the use of high-tech weaponry to eliminate other Filipinos with diffent ideologies. Really ... that sounds more like Iraqi pro-Saddams and anti-Saddams to me. High-tech weaponry? Is this something the Philippines has already bought? Or is it something we'll have to buy? Are we going to buy this high-tech weaponry from the U.S.? Or will it again be "aid"? I wonder what this "aid" costs.

Just as well. When the Philippine Defence Budget is spent, we do get high-tech weaponry ... but we get more big mansions built in the Fort Bonifacio. No wonder a lot of Filipinos want to be generals.

Anyway, it all seems so odd. The U.S. Marine really is the ultimate fighting machine ... at least that's what the U.S. Marine ad in America presents. They're shipped off to Iraq exposed to real guns, real bullets and real bombs. They won't be sent to the Philippines for any more war games ... with make believe threats and make believe dangerous situations. No more US military personnel sent to the Philippines for the very dangerous assignment of handing out aid. It's all too dangerous for the mighty U.S. marine.

Subic Base Rape Case - Tug of War Continues

2006-12-21T23:04:00.000-08:00

It is unfortunate. Good parents teach their children that "Right is Might" but we find out later in life that "Life is full of compromises" and "You never argue with the man with the gun." In the dispute on the custody of Lance Corporal Daniel Smith (the convicted rapist), we learn one final lesson ... "There's always an exception to the rule ... American US Military personnel."

In the continuing tug of war for custody ... America gets back with a "carrot on a stick" and "a whip in the ass." (Posted in www.abs-cbnnews.com - December 22 - Mla time)

If they use to think that all our women are prostitutes ... now they're going to think all Filipinos are prostitutes.

FILIPINO - WHICH WOULD YOU RATHER LOSE ... AID OR SOVEREIGNTY AND NATIONAL PRIDE ?

US cancels Balikatan exercises over Smith custody issue
(photo of US Ambassador to the Philippies Kristie Kenney in article)

The United States military on Thursday (Friday in Manila) said it has canceled joint war games with the Philippine military after a dispute with Philippine authorities over custody of a US serviceman convicted of raping a Filipina.

A report on the New York Times said Admiral William J. Fallon, commander of US forces in the Pacific, said he also will halt aid and reconstruction programs carried out by the American military in the Philippines until he is confident the troops’ legal rights will be protected under the Visiting Forces Agreement.

Under the VFA, US authorities would retain custody of American servicemen accused of violating Philippine laws until the end of all judicial proceedings.

Last Monday, Foreign Affairs Secretary Alberto Romulo and US ambassador to the Philippines Kirstie Kenney signed an agreement for Subic rape convict Daniel Smith to be turned over to the US embassy after a local judge ordered him incarcerated at the Makati City Jail.

According to the New York Times article, Fallon said he already had ordered the withdrawal of an aid team in the Philippines that was assessing needs of a typhoon-ravaged area and that he also had canceled a number of visits by American ships.

He said he also canceled the field exercise portions of the Balikatan exercises, which was to open in coming weeks and involve 4,700 American and 3,000 Philippine military personnel.

He told the Times that smaller segments of the exercise that involve computer simulations and classroom work may be allowed to proceed if the custody dispute is resolved.

“The last thing we want is to undo all the good work that has been done between the Armed Forces of the Philippines and ourselves, but this puts me in a real dilemma because I need to guarantee the safety of our forces,” Admiral Fallon said.

“I’m not the judge of the guilt or innocence of the individual. The issue is only one of custody. I am responsible to our people in uniform. I have to have guarantees that I can trust their safety to an international agreement," he added.

Kenney earlier said a court verdict ordering Smith detained at the Makati City Jail violates a VFA provision regarding custody of US military personnel accused of violating Philippine laws.

"Washington was disappointed because it wasn't consistent with the Visiting Forces Agreement. This isn't about the verdict. The verdict is an issue for the judges and the lawyers. That's not within the range of those of us in the embassy or the other government officials," she told DZMM.

"The [VFA] calls for Smith to remain in US custody until the determination of the case and of all the judicial proceedings. That is defined through the completion of an appeals process," she added.

She said that she is hoping the US embassy and the Philippine government would be able to sort out the issue of custody.

"We're working on this issue. As you know this is an agreement between our two nations [that was] signed years ago. We are not yet in compliance with that issue. It’s important to both of our countries. It's important to international credibility that both our countries show how well we can live up to an agreement like this," she said.

Kenney also clarified that the signed agreement between the US embassy and the Department of Foreign Affairs that was passed to the Court of Appeals last December 19 was not a new agreement or a petition.

She said the document was just a clarification about the specific provisions of the VFA.

"Judicial authorities all over the world ask for clarification and additional information. We try to provide that," she said.

Executive Secretary Eduardo Ermita said Solicitor General Antonio Eduardo Nachura submitted the manifestation to the Court of Appeals to show that the Philippines and the US have agreed on the custody of Smith based on the VFA.

"The Philippine government is doing this to abide by treaty commitments," Ermita said.

Last Tuesday the Court of Appeals denied Smith’s petition for a temporary restraining order on the judge's decision to detain him at the Makati City Jail until the Philippine and US governments agree on a facility where he will serve his sentence.

On December 4, Smith was convicted of raping a woman now known only as "Nicole" inside a moving van at Subic Bay Free Port on the night of November 1 last year.

Subic Base Rape Case Tug of War

2006-12-21T18:16:00.000-08:00

"When in Rome ... do as the Americans (Marines, that is)."

There's a really good editorial I came across in the Philippine Daily Inquirer website which I wish I wrote myself. It was simple but brilliantly explained by the author. I know that the space in www.inq7.net where I found it would probably disappear in a few days or weeks so I quote it here verbatim.

I thank the author for his simplicity, brilliance, boldness and honesty. Here goes ...

EDITORIAL
Lackeys

Inquirer
Last updated 00:15am (Mla time) 12/22/2006

Published on page A12 of the December 22, 2006 issue of the Philippine Daily Inquirer

IN the tug if war over Daniel Smith, which has the Philippine government joining hands with the United States against our judiciary, the issues are only two: First, when can legal proceedings be said to have been completed? Was it when Smith was convicted, and sentenced, or is it when all appeals have been exhausted? Second, can someone convicted by our courts be held under US custody? Everything else, as President Macapagal-Arroyo’s allies in the House of Representatives like to say, is immaterial and irrelevant. Particularly in the face of what we’ve pointed out to be the quite reasonable legal opinions of Judge Benjamin Pozon with regard to the Visiting Forces Agreement.

It doesn’t take a legal genius to realize a trial has a beginning, and an end. And that the end of a trial comes when the defendant is asked to rise, and the presiding judge reads the verdict and hands down a sentence. At that moment, the defendant becomes a convict; if sentenced to jail, even a defendant out on bail is immediately taken into custody and imprisoned.

The law affords the convict ample opportunities to appeal the verdict. In that manner, the Court of Appeals or the Supreme Court can either overturn or modify the sentence or order a retrial. But until such time as a superior court either confirms or overturns a verdict, the verdict stands.

Lance Cpl. Daniel Smith of the US Marines didn’t lose a civil case. He was found guilty of a criminal act: rape. Rape is a non-bailable offense in the Philippines and a convicted rapist certainly cannot be allowed to stay out of jail, which is what is going to happen if Smith is put under the custody of the US government. Giving him that privilege would accord him a privilege that is not open to Filipino citizens.

As we’ve pointed out in the past, Pozon hasn’t tried to read the VFA in an arbitrary or whimsical way, but rather, with the fullest appreciation for the special circumstances the agreement spells out for American servicemen convicted by our courts.

Which begs the second question: Is the US Embassy correct in insisting that Smith be held on its premises? Was the Philippine government correct in agreeing with, and trying to uphold, the American position? We think not.

Pozon interprets the VFA as saying that a convicted American must be held in a Philippine facility, but one mutually agreed upon by both the American and Philippine governments. Logic dictates such a reading. If an American facility on US soil was the intention of the agreement, then the Philippines might as well have abandoned all efforts to negotiate such an agreement. Or put another way, the Philippine government might as well have agreed that crimes committed by American servicemen be prosecuted in American courts, tried according to US law, and sentences handed out and served in the United States.

The agreement is meant to uphold the concept of accountability under our laws and according to our legal system, with punishment being a Philippine responsibility, subject to America being accorded the chance to meet its own obligations to its citizens to ensure their safety. But that is as far as American privileges are meant to extend.

To our mind, this would mean that the US government would be within its rights to insist on a level of comfort for Smith that matches federal or US military facilities an American serviceman convicted of a similar crime would get in the United States. But it doesn’t mean Smith should be detained on US soil, which is what the American Embassy is.

That there is no clear agreement between our government and the Americans as to what and where such a facility might be is not the fault of the courts. Pozon has merely opted for what is equally logically the default position for any self-respecting Filipino: until such a facility has been identified, a standard Philippine jail must do.

Our government, however, has spent its time trying to be the lackey of the US Embassy instead of upholding a reasonable and dignified interpretation of the VFA. It could have constructed a special facility by now. But it seems to be more interested in fighting our own legal system than upholding it.

Subic Base Rape Case - No Balls, No Shame and No Sovereignty

2006-12-09T17:16:00.000-08:00

Halloween of 2005, a young Filipino woman on a vacation in Subic had party'd a little too hard, drank a little too much and was a little too friendly with 4 US marines on R&R. To make a long story short, she had claimed to be a victim of rape ... one of the 4, Lance Corporal Daniel Smith had allegedly raped her on a moving van driven by a Filipino driver ... the other 3 had cheered him on.

No, she wasn't "for hire". In fact, she was a college graduate with a family business catering to the US military personnel in Zamboanga (a province south of the Philippines). She had a fiance, also a US military personnel she met in Zamboanga ... and was said to have plans of marriage.

Earlier this month (December, 2006), the Regional Trial Court of Makati, where the trial was held, convicted Lance Corporal Daniel Smith of rape beyond reasonable doubt and sentenced him to 40 years imprisonment.

The case would have been simple enough ... bruises in genitalia, intoxication, credible eye witness accounts of the victim being "unloaded" from the van with her underpants down to her ankles, 4 big marines and 1 fragile woman. In this day and age, a simple "no" constitutes rape ... no need to establish "virtue" ... no need to establish "force" ... Lance Corporal Daniel Smith is GUILTY.

Why then should it be so complicated?

Here's why ...

The Philippine government agreed to a lop-sided treaty with the United States of America, named "Visiting Forces Agreement" which virtually bestows upon U.S. military personnel "extraordinary" treatment at criminal prosecutions. Specifically, there are two provisions in the treaty that require:

Decision on criminal cases should be made within a period of one year,

U.S. custody of the U.S. military personnel "until final judicial proceedings have been completed."

On December 4, 2006, Lance Corporal Daniel Smith WAS convicted of rape and sentenced to 40 years imprisonment.

The treaty did not specify in clear terms what "final judicial proceedings" meant and since this is in doubt, the U.S. claims custody on the convict.

NO BALLS - The heads of the Department of Justice, Department of Foreign Affairs and the Solicitor General are stumbling all over themselves in trying to get the good side of the United States by upholding the rights of a convicted U.S. military personnel.

NO SHAME - The Foreign Affairs Secretary, Justice Secretary and Solicitor General belies the integrity of public office itself by shamelessly disrespects the independence and integrity of Judge Benjamin Pozon.

NO SOVEREIGNTY - The government top brass seems to have buckled and surrendered all our sovereignty to the U.S.

Indeed, SOVEREIGNTY which is defined as complete independence and self-government ... ELUDES THE FILIPINO.

Cha-Cha, a persistently irritating piece of gum stuck in my shoe

2006-12-09T11:40:00.000-08:00

CHARTER CHANGE. For as long as I can remember, I have heard debates on how impractical a presidential form of government is for the Philippines. Ferdinand Marcos first "recommended" the idea of a Parliamentary form of government to "improve" governance of the country ... we later found out that his only motive was to extend his "reign". When the "recommended" change was defeated, he proclaimed Martial Law instead and he continued to "reign" as President. The ultimate mission had been achieved ... so much for the "recommendation" ... the true motive did come out ... POWER.

When we inherited the Presidential form of government from the U.S.A., we failed to inherit something else that was inherent to its success ... an understanding of the democratic principles behind our current constitution and the inherent checks and balances that were built into it.

Since childhood, I was taught that to point an accusing finger at someone, I was really pointing 3 fingers my way. When are the "leaders of our nation" going to realize that by pointing an accusing finger at the Presidential form of government, they are actually pointing 3 at themselves?

They fail to understand the principles of a democracy,
They fail to deliver for the electorate, and
They fail to control their greed.

While they debate endlessly about how they propose to prolong their "reign" ... they really should be thinking about:

The massive poverty and malnutrition all over the country,
The declining quality of education,
The declining quality of health and health services,
The inadequate and declining infrastructure for general public utilities (peace and order, roads and bridges, garbage collection, water, electricity)
The declining quality of business infrastructure (communication facilities, ports, tax incentives)
The massive corruption in all level and all sectors of government.

In a nation where people struggle to even survive on a day to day basis ... shouldn't their priorities be changed?

The five year old child scraping fragments of food from some trashed tin can in Smokey Mountain couldn't care less if we had a President or a Prime Minister.