Exclusive
By Raïssa Robles
The Constitution has long been used as a reason for not granting Muslims widespread powers. During the administration of Corazon Aquino and Fidel Ramos, government peace negotiators told Muslim rebels that the charter would have to be amended for their wishes to be granted. And then they would add that it was next to impossible to amend it.
I used to think the 1987 Constitution had to be amended in order to let our brother and sister Muslims exercise autonomy and their right to self-determination.
Not anymore.
I realized one day, while reading the Constitution, that the problem is with Congress, not with the charter.
The Organic Act for the Autonomous Region for Muslim Mindanao (ARMM) is the way it is because our lawmakers chose to drastically limit the Muslim autonomy laid out in the 1987 Constitution: First on August 1, 1989 through the enactment of Republic Act No. 6734 or the Organic Act; then it further watered this down in 2001 by enacting RA 9054 or the amended Organic Act.
The 1987 Constitution in fact provides genuine autonomy.
After 25 years of covering the Mindanao conflict I decided to take a long hard look at the Constitution.
And I realized the following:
First, Article X entitled LOCAL GOVERNMENT of our Constitution breaks down our political structure in this manner:
The national government
The provinces
The cities
The towns
The barangays or villages
And then it inserts a substructure called AUTONOMOUS REGIONS. I’ll go into this later.
For now, please think about this.
The Philippines has 17 “regions”, but only two of them are political structures.
Even NCR (the National Capital Region) is not a political structure – meaning, it is NOT headed by an elected official who governs together with an elected legislature, and which altogether can enact laws and enter into contracts that would be binding to all 17 cities and towns.
But the autonomous region in Muslim Mindanao was intended to have even more powers than any provincial governor and assembly. And this is in the Constitution.
In effect, the Constitution provides a political sub-structure – which you could even call a sub-state. But these are only to be located in two areas in the country: one “in Muslim Mindanao” and the other “in the Cordilleras.”
It is interesting to note that while the second one points to a geographic location – the Cordilleras – the first one is not a physical place. It is more a description that limits an actual place – Mindanao. The “autonomous region” to be provided has to be one that is in Mindanao, which is “Muslim”.
This section on autonomy is the only instance in our Constitution which seems to point to a particular religious affiliation. However, the word “Muslim” is defined by the same Article X Section 15 as “consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics.”
Congress greatly watered down the autonomy granted by the Constitution
The powers and functions granted to Muslim Mindanao are contained in Sections 17 and 20 of the Constitution
Section 17 states that:
Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.
Section 20 states that:
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Notice that the scope provided above is quite broad.
But then notice how the Organic Act enacted by Congress (Republic Act 9054) in 2001 under the Arroyo administration greatly narrowed the broad scope by specifically excluding
postal service
quarantine
customs and tariff
Patents, trademarks, trade names, and copyrights
I can understand barring the ARMM legislative assembly from enacting laws on foreign affairs, coinage, national defense and security, citizenship, naturalization, immigration and deportation.
But the rest seem to me possible areas for legislation by the autonomous region.
The Constitution gave the autonomous region the power over the
(2) Creation of sources of revenues;
But Congress in RA 9054 drastically limited this broad power by enumerating fourteen (14) exceptions:
Section 7. Extent of Tax Powers; Exceptions. – Unless otherwise provided herein, the taxing power of the regional government and of the provinces, cities, municipalities, and barangay located therein shall not extend to the following:
(a)Income tax, except when levied on banks and other financial institutions;
(b)Documentary stamps tax;
(c)Taxes on estate, inheritance, gifts, legacies, and other acquisitions mortis causa, except as otherwise provided by law;
(d)Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of custom fees, charges, and dues except vessels which are registered by their owners with the Regional Government and wharfage on wharves constructed and maintained by the Regional Government or the local government unit concerned;
(e)Taxes, fees, or charges and other impositions upon goods carried into or out of, or passing through the territorial jurisdictions of the provinces, cities, municipalities, or barangay of the autonomous region in the guise of charges for wharfage, tolls for bridges, or otherwise, or other taxes, fees, or charges in any form whatsoever upon such goods or merchandise except tolls on bridges or roads constructed and maintained by the provinces, cities, municipalities, or barangay concerned or by the Regional Government.
(f)Taxes, fees, or charges on agricultural and aquatic products when sold by marginal farmers or fisherfolk;
(g)Taxes on business enterprises certified by the Board of Investments or by the Regional Assembly as pioneer or non- pioneer for a period of six (6) and four (4) years, respectively from the date of registration;
(h)Excise taxes on articles enumerated under the national internal revenue code, and taxes, fees, or charges on petroleum products;
(i)Percentage or value-added tax (VAT) on sales, barters, or exchanges or similar transactions on goods or services except as otherwise provided by law;
(j)Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land, or water except as provided in this Organic Act;
(k)Taxes on premiums paid by way of reinsurance or retrocession;
(l)Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided by law enacted by the Congress;
(m)Taxes, fees, or charges on countryside, barangay business enterprises and cooperatives duly registered under Republic Act No. 6810, the “Magna Carta for Countryside and Barangay Business Enterprises” and Republic Act No. 6938, the “Cooperatives Code of the Philippines,” respectively; and
(n)Taxes, fees, or charges of any kind on the central government or national government, its agencies and instrumentalities, and local government units except on government-owned or -controlled corporations or entities that are primarily organized to do business.
The Constitution also gave the autonomous region legislative powers over
(3) Ancestral domain and natural resources;
But Congress enacted RA 9054 which removed from its power the following: “strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, all sources of potential energy, as well as national reserves and aquatic parks, forest and watershed reservations.”
See the section of RA 9054 below:
Section 5. Use, Development of Mines, Minerals, and Other Natural Resources; Revenue Sharing; Exceptions. –
(a)Regional Supervision and Control. The control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources within the autonomous region are hereby vested in the Regional Government in accordance with the Constitution and the pertinent provisions of this Organic Act except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, all sources of potential energy, as well as national reserves and aquatic parks, forest and watershed reservations already delimited by authority of the central government or national government and those that may be defined by an Act of Congress within one (1) year from the effectivity of this Organic Act.
(b)Sharing Between Central Government or National Government and Regional Government in Strategic Minerals Revenues, Taxes, or Fees. Fifty percent (50%) of the revenues, taxes, or fees derived from the use and development of the strategic minerals shall accrue and be remitted to the Regional Government within thirty (30) days from the end of every quarter of every year. The other fifty percent (50%) shall accrue to the central government or national government.
This means the autonomous region would not have any say on power plants and logging activities in certain areas, for instance.
Hmmm. Why is that? Are there vested interests being protected here?
Possible reasons
A law is always the product of the times.
The newly installed President Gloria Macapagal-Arroyo allowed RA 9054 to lapse into law on March 31, 2001. She did not sign it into law.
Arroyo, it soon turned out, had political allies in Muslim Mindanao who were sworn enemies of the Moro rebels. Among them were Simeon Datumanong (whom she appointed public works secretary then justice secretary) and the Ampatuans, as well as the late Zamboanga City Clara Lobregat (the present mayor-son seems more open to a political settlement). In addition, Arroyo spent her childhood in Iligan City, which had a love-hate relationship with the Moro rebels.
In both chambers of Congress, there was a palpable feeling that the Moro rebels should be crushed first and then negotiated into an agreement. Only the year before RA 9054 was enacted, Joseph Estrada who was the president then had overrun MILF’s main Camp Abubakar and three other smaller camps.
And Nur Misuari, the governor of the Autonomous Region for Muslim Mindanao – the father of autonomy – was governing so badly that even his fellow leaders in the Moro National Liberation Front were despairing of him.
RA 9054 or the newly amended Organic Act was all about submission, not justice to the long-simmering demands of the Moro people and not just the rebels. One thing about the MILF – it is a citizen army fueled by ordinary Muslim Filipinos crying out for justice all these years. Land-grabbing in the Mindanao heartland has been so rampant.
As I said at the start, the Constitution has long been used as a reason for not granting Muslims widespread powers. During the administration of Corazon Aquino and Fidel Ramos, government peace negotiators told Muslim rebels that the charter would have to be amended for their wishes to be granted. And then they would add that it was next to impossible to amend it.
During the administration of President Gloria Macapagal-Arroyo, the tack changed somewhat. The argument turned into something like this – yes, let’s amend the charter to give Muslim rebels genuine autonomy. And oh, by the way, while we’re at it, why don’t we change the form of government to parliamentary.
In short, the Arroyo government wanted to use the rebel conflict as a way of prying the Constitution wide open in order to change the form of government and enable the Arroyo government to stay in power indefinitely.
The point I’m trying to make here is – Muslim autonomy will only be as extensive as what Congress will make it.
Is this something the rest of the nation should just accept or not, just like the Cybercrime Law?
How Muslim autonomy can benefit the rest of the country
Personally, I believe Muslim autonomy could be the Philippine experiment toward federalism. And a key to the nation’s progress.
Just think. The heart of the second biggest land mass in the country continues to be mired in poverty and conflict.
The present Organic Act for Muslim Mindanao as well as the previous one was based mainly on the idea not to give rebel Muslims too much power in the south, or else they will secede and besides you can’t trust them.
I’m being blunt about this. Over a century after we booted out colonial Spain the prejudices they implanted in our brains about Muslims remain very much alive. Many of us tend to think of Muslims as an “other people” and a most untrustworthy lot. No wonder they want to secede.
I think there are trustworthy ones and untrustworthy ones among them – just like among Christians.
Having said that, I see the need for trust to be built between Muslims in Mindanao and Christians in Luzon and the Visayas, especially among the youth.
Mutual trust is the key that will make autonomy succeed. And lots of hard work.
As for their being an “other people” I was amused when at one point, while interviewing the MILF chief peace negotiator Mohagher Iqbal in English, he kept answering me in Filipino.
You know who Muslim women in Jolo most admire as an actress?
It’s Sharon Cuneta. Because she mostly wears shirts with sleeves down to her elbows.
In central Mindanao, Muslim women there remember Sharon Cuneta’s daughter, KC, who visited them a few years back as ambassador for the United Nation’s World Food Programme.
While protracted peace negotiations were going on all these years, Muslims in the south were quietly imbibing Filipino culture through the TV network which they refer to as “Abs-Sban” ( ABS-CBN).
Through TV, Muslim Filipinos have learned a lot about Manila culture. It’s time for Manila to know more about Muslim Filipino culture. There’s a lot to admire, such as their perseverance to fight for human rights against all odds.
To read the section in the 1987 Constitution on Muslim autonomy, please click on this link
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Related Stories:
Why postpone ARMM polls and why we in Metro Manila need to support this
Sen. Bongbong Marcos’ daddy messed up Muslim Mindanao big time
What would an ‘All-Out War’ in Mindanao cost us?
Wikileaks’ US Embassy cable confirms my 2006 exclusive story on the MILF
US envoy Kristie Kenney’s view of PNoy changed over a cup of coffee
Gloria Arroyo’s downfall actually started in July
Part 1: The Maguindanao massacre was a deadly quarrel inside Arroyo’s camp
Part 2: Why did GMA treat Ampatuans as rebels, not suspected mass killers?
Tess Sa US says
We are champions of the world. San Francisco is the place to be tonight. The streets are full of honking cars and screaming fans.
TOL says
Wow! kainggit naman. How I wish I am there in San Francisco….or in the USA, at least…..that colonial mentality in me.
Tess Sa US says
It’s more fun in San Francisco! The Giants just won their 2nd World Series title in three years!
Johnny Lin says
Reporting in the path of Hurricane Sandy in Northeast America. Getting ready to evacuate voluntarily from Revel Resort Casino in Atlantic City New Jersey. Was standing on the boardwalk and blown by heavy winds from where I stood, no choice but to go inside for safety.despite danger, we were enticed watching and enjoying the view of the high surf outside of the resort hotel. Hurricane winds predicted as high as 75 mph, that is about 110 kph, faster than the speed limit at NLEX. Flite tomorrow nite to Manila from JFK New York cancelled, will miss Undas.
Could not help but comment on the difference on official mandatory evacuation between residents affected by such disaster. Here in US, people obey, drive out of disaster area, board their homes and leave their belongings inside their homes, at peace with security of their private properties.
In the Philippines, main reason people refused to leave their homes despite obvious danger from predicted natural disaster is homeowners are afraid that when they come back from evacuation their properties would be emptied by the people who are tasked to secure the homes of residents, thus adamant to evacuate from danger resulting to more loss of lives of endangered residents. It did not matter where the homes are located, rich or poor areas.
Understandable, residents would rather stay and face danger to protect precious belongings accumulated thru hard work.
What is difficult to fathom is how come we have people sworn to protect the people are the same people the public are wary who will violate their personal properties?
Is this Filipino culture or just the handiwork of isolated government/ police service workers culture of corruption and evil doers? Could these kind of people be rehabilitated? How?
pinay710 says
@sir johnny lin, sa america po mahigpit ang mga pulis. kahit na sino ka pagnagkasala ka halimbawa sa light rail pagnahuli ka na walang ticket bibigyan ka agad ng citation ticket. multa na po yun. ang pagbayad ng multa ay hindi sa precinto ng police kaya walang mahahawakan na kaperahan ang police. meron sila designated na lugar na bayaran ng mga multa kaya sigurado na sa govt napupunta ang mga multa. sa atin ay ang mga multa ay hindi na umaabot sa gobyertno dahil dun pa lang sa nanghuhuli ay nagkakaayusan na kung MAGKANO ang ilalagay para hindi matuloy ang paghuli sa nagkasala. ganun din sa mga nahuhuli na mga nagkasalang driver. bibigyan lang ng citation yun lang ang gawain ng mga nakakahuli na chp or mga mobile etc.
sa mga evacuations naman po eh malakas ang loob ng mga residente na iwan ang kanikanilang bahay kasi po naka insure naman ang mga properties nila. kailangan nilang sumunod sa mga authority na nagpapaevacuate sa kanila kasi puede silang idemanda ng gobyerno sa di pagsunod sa mga kautusan tuwing may darating na kalamidad.
ang mga men/women in uniform sa america ay sobra ang pagrespeto ng mga mamamayan dahil sa mahusay na pagganap ng tungkulin ng mga authoridad sa pagtupad nila sa kanilang tungkulin. ang training ng mga men/women in uniform ay kaiba sa pagtraining sa ating bansa. pagnahuli sa anumang viiolation wala 2nd chance. una pa lang parusa na.
ang mga men/women in uniform naman pagka nagkasala hindi nagtatagal ang investigation dahil ang mga mamamayan na nakakawitness ng crimen ay handang tomestigo. hindi natatakot tumestigo ang mga americano sa anumang crimen na nawi witnessnila. mabilis ang responde ng mga kapulisan at mabilis din ang pagtakbo ng hustisya sa america. kahit na matagal na ang isang crimen puede pa din buksan at ituloy ang paglilitis kung may sapat nang katibayan sa krimen.
sa ating bansa nagsasanay pa lang ang mga men/women in uniform ay nakakaranas na sila ng hindi makatarungang pagsasanay(hazzing), pagkuha pa lang ng result ng exam ng mga trainees ay hinihingan na sila ng lagay para mailabas ng maaga ang kanilang resulta (personal experience noong 1985) ang mga kamaganak ng mga mataas na katungkulan sa kapulisan ay madaling makapasok maging pulis. pagmataas ang katungkulan ng kamaganak ng isang trainee iba ang trato parang special kesa sa pangkaraniwang trainee. ang benefisyo ng mga men/women in uniform ng Pilipinas ay masyadong mababa kumpara sa ameica.
ito po ay aking opinion: mahirap nang baguhin ang systema ng ating bansa. magsasakripisyo po tayong lahat kugn gusto nating mabago. ang nasa isip ko po ay masyadong BRUTAL dahil na din sa mga nararanasan at nababasa at tunay na nangyayari sa ating bansa sa sobra grapalan ang pangungurakot, pagsasamantala at pagwawalang bahala ng karamaihan ng Pilipino sa nangyayari sa ating bansa. parang wala na pagasa ang ating bansa. iilan lang ang Pilipino ang nakikialam para sa ikabubuti ng ating bayan. mas nakakarami ang WALANG PAKIALAM. kaya mas mabuti ay ganito. (hindi po ako sumisigaw) LAHAT NG MAY GULANG NA 6 NA TAON GULANG PATAAS AY DAPAT NANG MAGLAHO SA MUNDONG IBABAW. ANG DAPAT NA LANG MABUHAY AY YUNG MGA BATANG 5 TAONG GULANG PABABA UPANG SILA ANG HUBUGIN MAGING MABUBUTING MAMAMAYAN. ANG MAGAALAGA SA KANILA AY MGA MADRE(hindi pari). pasensya na po. talaga lang wala na akong pagasa sa nangyayari sa ating bayan. mas nanaig na ang pagiimbot ng mga nakakaraming namamalakad ng ating bansa kesa sa mga tunay na nagmamalasakit. isasama ko na po ang aking pamilya sa sakripisyong ito mabago lang ang ating bayan. PERO IMPOSSIBLE ANG NASA ISIP KO. ANG NANANAIG SA BANSANG PILIPINAS AY MGA MAPAGIMBOT AT MAPAGSAMANTALA.
leona says
No, it is not a culture. It is just a bad habit of some obligated law enforcers by not being able to protect precious belongings of others. The Pinoy culture as owner, is to stay and protect the property as a result of the foregoing bad habit.
Btw, from local news, KiLLections have started already…a Cam Sur town mayor shot back of his back…DOA at hospital. RIP to the Mayor.
So, stranded ka @johnny lin…enjoy the Sandy show storm and keep safe.
Johnny Lin says
Latest News:
Duterted offered 5million pesos for head of car smuggler in Davao
How about offering same amount of money to provincial commanders coddling and protecting jueteng in their jurisdictions?
leona says
Sa katotohanan @johnny…JUETENG is one life’s issues here that is “alive and dead” a million times dependent how one looks at it! It is used either for good or bad publicity by people in the govt or private sectors. Only very few care about it anyway. Even if the penalty is beheading, it won’t work. Hanggang doon lang yan, palabas at palusot. Sawang-sawa ng ang publiko dyan.
parengtony says
The amount of money many high local government and PNP officials are able to sustainablly “earn” from jueteng are so much higher than peso5M and therefore will likely not solve the problem.
Based on a decent amount of personal knowledge on jueteng, I think the only plausible solution is to legalize it in such a way that illegal jueteng operators will be rendered clearly uncompetitive in terms of betting odds, transparency, and convenience. This way the decision to not patronize illegal jueteng operations will come from the betting public itself which no amount of collusion among the high local government officials, the law enforcement officials, and the gambling lords can reverse. Substantial revenues will be earned, the public, specially the economically disadvantaged, will be protected, and we will see less incentives for corrupt politicians, bureaucrats, and law enforcers to aspire for high office
and therefor we will see less corruption in high government offices.
Past attempts to legalize jueteng provided loopholes for illegal operators, with the cooperation of government officials, to even use these PCSO programs to facilitate their illegal operations. Ginamit pa ngang justification para sa sandamukal na gastos para sa intelligence funds kuno.
Victin Luz says
Legalize JUETING . Just draw down the mechanics to participate the lowest local officials in a City or Municipality . Problem might arise on the auditing of the total amount of daily beatings . The wages of the ” kubrador ” and their employment process. Mahirap ata pero it can be done.
parengtony says
Computerization can make it happen. Bets are posted on a real time basis. Basta may cell phone pwede.
Illegal operators are unwilling to utilize technology for the simple reason that the transparency technology brings will do them in.
Victin Luz says
Mahirap padin pero mas maganda talaga kung legalize nalang. Ang magiging problema Kung sakali ay ang mga kubrador na Hindi kkuntento sa natatanggap nilang sahod ay baka ang mga nakulekta nya ay ipasok/itaya sa illegal BOOKIES ni Mayor o kung sino mang mga tigas barok na bata ng mga DIRTY POLITICIANs, Kagaya sa mga ginagawa nila sa mga nataya ng LOTO, … Ang katapat nyan ay LOOTING.. He he pero we have to try.
leona says
@parentony @victin luz…your points are good reasons to enact a law legalizing JUETENG. Why other forms of gamblings are not illegal is surprising. All gamblings are immoral anyway but since people loves to bet in gambling, it is a useless task to enforce catching those engaged in illegal gambling.
I would have no qualms legalizing jueteng. Period. But repeal Cybercrime law on libel at internet. Period.
vander anievas says
@j.lin,
hahaha, like na like ko yaan…teka, di ba kaparte rin si yorme jan? :)
curveball says
Kung legal ang jueteng meron pa din tataya sa illegal na jueteng kasi pwede ang 50cents o piso samantalang sa legal na jueteng ay baka 5pesos o 10 pesos o mas mahal pa ang taya. kaya di rin garantiya na mawawala kapag naging legal. ang mga tao na di makakapunta sa bayan para tumaya sa betting station o ang mga bayan na walang betting station saan tataya di sa jueteng din.
Ang mas mabuti ay yung 1 strike policy talaga, maging mahigpit sa bawat lugar. magkaroon ng one time try na tumaya sa jueteng (by undercover at unannounced) at pag meron nga tanggalin ang chief of polis at kasuhan ang mayos pati ang barangay officials kung saan nakapagtaya.
Kailangan lang talaga ay kamay na bakal at walang pinipili. Isang sample lang ng ganito sa tingin ko matatakot na ang dapat matakot.
Kaya lang walang may gusto magsimula. Kasi involve lahat. Mula sa baranggay officials hanggang sa presinto at munisipyo. Imposible na di alam yan sa paligid. Magkakakilala ang mga tao lalo na sa probinsya.
Hay ang hirap pag may pera ng kasali sa usapan. Nabubulag ang mga nakakahawak nito
juandelacruz says
I grew up in Mindanao and my family continue to live there- Im all for restriction of power. There are so many things & events that visitors cannot understand why there’s a need for restriction of power. For instance, when the Land Transportation Office was spearheaded by a Muslim official, acquiring licenses is a lot easier to get…so long as you have grease money. and its ok for everybody to see. And when squatting is done by muslim people, muslim officials protect/allow such acts even when the lot owner is violently booted out of his land (actual experience!).
pelang says
I wonder guys if you have read this latest article at PDI entitled “IN GOVERNOR’S FACE ROXAS ORDERS STOP TO JUETENG” by Tonette Orejas. Pinamukahaan ni Mar Roxas si Governadora Pineda na itigil na ang Jueteng sa Pampanga pati ang mga pulis pinagsabihan. She denied that Jueteng is still going on seconded by the Chief Police. Napahiya silang pareho nang sabihin ni Roxas na he sent some agents to pose as betters and they gave him the evidence. Better read the article yourselves at mahirap i-explain. hindi ko alam kung papa’no mag SOTTO-paste and copy.
Victin Luz says
Anong inquirer @ pelang…… Date ngayon ba?
pelang says
dated oct.25, 2012. basta www,inquirer.net
Victin Luz says
I read it already@ pelang……..sana naman those voters from Pampanga especially Lubao, will not elect again the Pineda’s in any position kahit bigyan sila ng pera. I wonder what is Bishop Cruz of Pangasinan doing now about JUETING in the country.
If ROXAS can eradicate JUETING in our country he will now be a good choice to succeed PNOY. Chain Reaction will come along the way upon stopping JUETING.
rigo says
Bakit hindi na lang i-legalise yang Jueteng na yan, to be governed and supervised by the Game and Gambling Commission( kung mayroon Commission), in that way, it will generate a revenue which will be used for the development/maintenance of sporting facilities in the Barrio where the Jueteng is played. Lets face it. Jueteng is part and parcel of filipino lives ever since..i think It brings hope and employment for some people, let alone, educate them on how to count money..
curveball says
Nabasa ko na at natuwa naman ako at nasabi na meron talaga jueteng. Si Mr. Mar lang ata ang nakakaalam eh. Kasi ang Gov at Chief of police sabi wala daw. Kahit lahat ng tao sa lugar na yan ay alam at nakikita na meron. Teka di kaya multo yun?
Mukhang natutulog sa pansitan ang mga tao na dapat magbantay,
Sana nga mawala na yan. Good luck Mr. Mar!
filipino_mom says
FINALLY! somebody calls these epals out to their faces! dapat lang. tapos ide-deny pa ba? d mo kailangang mag-launch ng mala-CIA na undercover operations para ma-confirm na this exists in those places. mahiya naman sana ang mga yan sa balat nila. they are either (a) involved (b) blind (c) idiots kung d nila alam na meron nyan. sana something will come out of this, or baka naman nawala bigla si gov para magpa-audition na kung sinong magiging scapegoat nila now that mar wants blood?
ang isa lang na hindi ok eh yung kasama nya si ed panlilio dun. nakulayan tuloy ng politika.
Victin Luz says
Yes … I agree it could be better if Father Ed was not present or attended not in company with MAR.
davide says
@filipino_mom, normal po yan mga pinoy! it is always deny and deny until you die. or they will say prove in court. most of us, very sad to say na walang modo or delicadeza. maski kitang kita na sasabihin pa hindi ako yon, may ebidensiya ka ba.
Rene-Ipil says
Pelang@52
Here is the article on Roxas concerning Pampanga jueteng. If Roxas could “walk the talk”, we have a good president in the making. Goodbye Binay.
In Gov. Pineda’s face, Roxas orders stop to ‘jueteng’
By Tonette Orejas
Inquirer Central Luzon
1:30 am | Thursday, October 25th, 2012
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CLARK FREEPORT—Before police and local officials, including the wife of alleged “jueteng” lord Rodolfo “Bong” Pineda, Interior Secretary Manuel Roxas II ordered the police on Wednesday to stop the illegal numbers racket in Pampanga.
Roxas gave the order during the Regional Peace and Order Council (RPOC) meeting that was attended by Gov. Lilia “Baby” Pineda.
Bong Pineda had been investigated by the Senate for allegedly running jueteng in Pampanga and other Luzon provinces.
“My ‘mystery shoppers,’ who are civilians, placed bets on jueteng and I have the pieces of paper [where the number pairs that they bet on were written], to show that jueteng is still being played here,” Roxas said.
He raised the matter after Pineda reported that the cooperation of the police and local and provincial governments had brought down the number of crime incidents in Pampanga.
Pineda spoke after Nueva Ecija Gov. Aurelio Umali reported on the provincial peace and order situation.
Former Pampanga Gov. Eddie Panlilio, a candidate of the administration’s Liberal Party (LP) who will face Pineda in the 2013 election for governor, accompanied Roxas to the RPOC meeting.
Panlilio, a priest, was quiet during the meeting and was a seat away from Roxas.
Senior Supt. R’Win Pagkalinawan, Pampanga police director, denied reports that jueteng continued to be played in the province.
When Chief Supt. Edgardo Ladao, Central Luzon police director, tried to explain the status of the government-sanctioned Small Town Lottery (STL) and its difference from jueteng, Roxas cut him short and said: “It is not for you to say what is legal or not.”
Roxas then turned to Pagkalinawan and said: “I’m giving you a chance to review your data.”
Silence filled the room where all governors of Central Luzon, except for Zambales Gov. Hermogenes Ebdane Jr., were present.
“I can show you the papelitos …. I’m not joking about this,” Roxas said.
Pineda did not dispute Roxas’ information. She stayed in her seat, quiet during the entire discussion. She left when Roxas adjourned the meeting.
Pineda did not attend the awarding of the Department of the Interior and Local Government’s seal of governance and cash incentives to local and provincial governments.
Interviewed after the RPOC meeting, Pagkalinawan showed a copy of a letter of the Philippine Charity Sweepstakes Office (PCSO), which owns the STL franchise, to Eder Dizon, president of Suncove, the STL agent-corporation in Pampanga.
Signed by PCSO general manager Jose Ferdinand Rojas II, the Sept. 14, 2012 letter informed Dizon that the police had been deputized to arrest jueteng employees and financiers.
Pagkalinawan said the illegal numbers game discovered in Pampanga was the card game sakla in Porac town.
He could not say if Roxas’ informants placed bets with STL employees. “But we can verify if they are legitimate STL employees because we have a list of those,” he said.
Later at a press briefing, Roxas said he had “independently verified” the existence of jueteng in Pampanga. “I expect this to be stopped,” he said.
Asked why Panlilio, LP candidate for governor, was with him at the RPOC meeting, Roxas said the priest was one of his friends in Pampanga.
“I am one of those who believe in the leadership of Among Ed,” said Roxas, LP president on leave.
vander anievas says
speaking of jueteng…
here’s a jueteng trivia, just add www to this link below:
philippinepressclub.com/2008/05/arroyo-lopez-war.html
Cleofe says
I think this is the link Vander Anievas meant when he spoke of jueteng trivia. It was first posted by Perry Diaz of Inquirer.net on 05/23/2008.
http://globalnation.inquirer.net/mindfeeds/mindfeeds/view/20080523-138360/The-Arroyo-Lopez-War
and not the link below which led me to a jazz concert in Los Angeles.
philippinepressclub.com/2008/05/arroyo-lopez-war.html
vander anievas says
thanks @cleofe
leona says
The image gives the immediate message,
@pelang…it takes “a ‘thief’ to catch a thief”! as the saying goes,
why does he need to ‘ask’ em to stop jueteng, when catching the players is the thing to do? Many a thousand times always ‘asking’ to stop, investigations here and there, it never stops!
JUST START CATCHING JUETENG LORDS & PLAYERS throw ’em into the can! No more announcements or asking or informing, etc. etc. Be not afraid to catch ’em!
How many law enforcers will maintain support to catch ’em? Preserve the evidence for court use? Attend court hearings? It is not enough to catch ’em! Charges [at the prosecutor level] and trial [prosecutor and court participation] have to follow. Attendance of police personnel as witnesses. If before this last stage, the evidence has disappeared [?} WALA NG KASO!
That is how “difficult” to stop jueteng or other illegal gambling cases. When no moral and physical support from and by principal characters on the gov’t ‘s side is made. We can increase the imprisonment penalties but if the cases are DISMISSED for the above reasons, what use is it? Unless the FORCE above dismisses from gov’t service also the ones below who “monkey around” with the evidence and the gambling cases. It’s like the “mafia of gambling.” The tentacles are so vast and effective. So must the gov’t apply the same “dose of medicine” or style, if not more relentless, etc.
If not, suntok sa hanggin lahat itong campaigns sa illegal gambling or JUETENG!
pinay710 says
mga sirs/mams cpmers talaga po na mahirap nang mabura sa mundo ng Pilipinas ang hueteng. dekada 50 pa po meron na hueteng. kinamulatan ko na po yang hueteng na yan dahil ang ipinangpaaral ng mga kapatid ko sa ina ay galing sa paghuhueteng ng aking pangalawang ama. 3 ko pong kapatid ang nakatapos ng kolehyo dahil sa hueteng. ang bolahan ng hueteng ay sa tabi tabi lang ng kamaynilaan. alam ng mga kapulisan. ehkung ganyang mahirap maalis bakit hindi na lang gawing legal ang hueteng tulad ng lotto? tutal huhulihin tapos pakawala din, parang taguang – pong ang labas ng paghuli ng mga kobrador at kapitalista ng hueteng. ang mga nahuhuli lang naman yung mga kobrador pero yung mga nagbibigay ng puhunan ay andun sa mga mansyon nila at hindi nahuhuli dahil nga malalakas at may mga katungkulan sa pamahalaan. kaya kahit mahuli ang mga operator at kobrador marami pa silang reserba na kapalit ng mga nahuli. kaya tuloy pa din ang operation nila. tignan nyo po ngayon mainit mawawala yan pero pagkaraan ng ilang araw balik ulit yan. kasi pagka nagbobolahan yan meron silang mga tagabantay na pagka may dumating na pulis(kuno) titimbrehan na sila kaya lilipat na ng lugar ng bolahan. gawin na lang legal yang hueteng. hindi kayang pigilan yan dahil may mga katungkulan sa pamahalaan ang mga operators.
vander anievas says
@pinay710,
huwag kang mawalan ng pag-asa.
kayang ipatigil ang jueteng.
ang alam ko naipatigil iyan ni robredo sa Naga.
hindi tumatanggap ng payola si robredo.
so, tigil ang jueteng sa naga. nuong panahon ni jesse.
kahit saang bayan o lungsod, pwedeng ipatigil ang jueteng.
simple lang.
huwag lang tatanggap ng payola ang namumuno, tigil iyan.
alam na natin ngayon na pwedeng ipatigil ang jueteng.
baycas says
@leona,
You know who to root for come Election 2013…
http://www.gonzaga.gov.ph/wp-content/uploads/candidates.jpg
leona says
@baycas, I tried very hard but couldn’t read the list of candidates’ names so small and blurred. Sorry but thanks a lot.
baycas says
The trick is to enlarge the image.
Anyway, here it is for the Mayoral position in Gonzaga, Cagayan, PH…
Sa una ba kayo o sa kandidato ng UNA?
Victin Luz says
Kay ” PERLING ” kami/tayo @baycas.
NO….NO….NO……to Pentecostes for allowing the ” rape ” of Gonzaga’s natural wealth to the Chinese mining firms and for stopping a peaceful rally thereat.
curveball says
Syempre sa una sa listahan mo, bro baycas.
Pero kailangan magsipag si Ms. Perlita kasi di basta basta ang kalaban nya.. Cagayan yan “Enrile country” yan. Sana sya ang manalo para maiba naman ang tao na mag-opisina sa munisipyo.
leona says
@baycas, again sorry, ‘di ko na enlarge…takot ko baka mawala!…hehehe. Anyway, thanks for putting them here as very readable. You ask me “xxx who to root xxx”. I will “root” for the Garcia. If her mission is to protect part of the national treasures of the land, that has no comparison to any other. I will blow my HORNS for her, rooting rooting and rooting. If you are my Cheer leader on that, I follow you.
Btw, ikaw, sino ka sa dalawa? Now, I gave you an answer, tell me yours too! And Thanks for educating me how to “enlarge” a writing, etc. Now I know. Just curious, why you asked me on this? I’d like to know.
leona says
@baycas, my answer is in moderation, but I “root” for Ms. Garcia…just curious, why you asked me on this. May I know? How about you? Sino ka sa dalawa?
leona says
I just read this today and it reported that the autonomous Muslim Region will be “parliamentary form” like many autonomous regions in Spain, one is the region of Navarra which maybe the model for the Muslim Region here.
Can it be so, a parliamentary form, a Chief Minister and Cabinet members, but retaining governors, mayors, etc. All elected directly by the people.
Here’s the link
http://www.philstar.com/Article.aspx?articleId=862767&publicationSubCategoryId=63
leona says
Here is a link for the copy of the Framework Agreement for Bangsamoro Government
JOINT GPH-MILF DRAFT
In the Name of God, the Beneficent, the Merciful
FRAMEWORK AGREEMENT ON THE BANGSAMORO
The Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) herein referred to as the Parties to this Agreement,
HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:
I. ESTABLISHMENT OF THE BANGSAMORO
1. The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political entity (NPE) referred to in the Decision Points of Principles as of April 2012.
2. The government of the Bangsamoro shall have a ministerial form.
The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws.
3. The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro.
The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code.
4. The relationship of the Central Government with the Bangsamoro Government shall be asymmetric.
5. The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.
Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected.
II. BASIC LAW
1. The Bangsamoro shall be governed by a Basic Law.
2. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties.
3. The Basic Law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance.
4. It shall be formulated by the Bangsamoro people and ratified by the qualified voters within its territory.
III. POWERS
1. The Central Government will have reserved powers, the Bangsamoro Government shall have its exclusive powers, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government.
The Annex on Power Sharing, which includes the principles on intergovernmental relations, shall form part of this Agreement and guide the drafting of the Basic Law.
2. The Central Government shall have powers on:
a) Defense and external security
b) Foreign policy
c) Common market and global trade, provided that the power to enter into economic agreements already allowed under Republic Act No. 9054 shall be transferred to the Bangsamoro
d) Coinage and monetary policy
e) Citizenship and naturalization
f) Postal service
This list is without prejudice to additional powers that may be agreed upon by the Parties.
3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims.
4. The Bangsamoro Basic Law may provide for the power of the Bangsamoro Government to accredit halal-certifying bodies in the Bangsamoro.
5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes:
a) The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts;
b) Measures to improve the workings of local civil courts, when necessary; and
c) Alternative dispute resolution systems.
6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.
IV. REVENUE GENERATION AND WEALTH SHARING
1. The parties agree that wealth creation (or revenue generation and sourcing) is important for the operation of the Bangsamoro.
2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy.
3. The Bangsamoro will have the authority to receive grants and donations from domestic and foreign sources, and block grants and subsidies from the Central Government. Subject to acceptable credit worthiness, it shall also have the authority to contract loans from domestic and foreign lending institutions, except foreign and domestic loans requiring sovereign guaranty, whether explicit or implicit, which would require the approval of the Central Government.
4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.
5. The Bangsamoro may create its own auditing body and procedures for accountability over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs.
6. The details of revenue and wealth sharing arrangements between the Central Government and the Bangsamoro Government shall be agreed upon by the Parties. The Annex on Wealth Sharing shall form part of this Agreement.
7. There shall be an intergovernmental fiscal policy board composed of representatives of the Bangsamoro and the Central Government in order to address revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity. The Board shall meet at least once in six (6) months to determine necessary fiscal policy adjustments, subject to the principles of intergovernmental relations mutually agreed upon by both Parties. Once full fiscal autonomy has been achieved by the Bangsamoro then it may no longer be necessary to have a representative from the Central Government to sit in the Board. Fiscal autonomy shall mean generation and budgeting of the Bangsamoro’s own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or any donor.
8. The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives.
V. TERRITORY
1. The core territory of the Bangsamoro shall be composed of:
(a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.
2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitory Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.
3. Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.
4. The disposition of internal and territorial waters shall be referred to in the Annexes on Wealth and Power Sharing.
5. Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain and the atmospheric space above it. Governance shall be as agreed upon by the parties in this agreement and in the sections on wealth and power sharing.
6. The Bangsamoro Basic Law shall recognize the collective democratic rights of the constituents in the Bangsamoro.
VI. BASIC RIGHTS
1. In addition to basic rights already enjoyed, the following rights of all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
a. Right to life and to inviolability of one’s person and dignity;
b. Right to freedom and expression of religion and beliefs;
c. Right to privacy;
d. Right to freedom of speech;
e. Right to express political opinion and pursue democratically political aspiration;
f. Right to seek constitutional change by peaceful and legitimate means;
g. Right of women to meaningful political participation, and protection from all forms of violence;
h. Right to freely choose one’s place of residence and the inviolability of the home;
i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity;
j. Right to establish cultural and religious associations;
k. Right to freedom from religious, ethnic and sectarian harassment; and
l. Right to redress of grievances and due process of law.
2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually.
3. Indigenous peoples’ rights shall be respected.
4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development.
VII. TRANSITION AND IMPLEMENTATION
1. The Parties agree to the need for a transition period and the institution of transitional mechanisms.
2. The Parties agree to adopt and incorporate an Annex on Transitional Arrangements and Modalities, which forms a part of this Framework Agreement.
3. There shall be created a Transition Commission through an Executive Order and supported by Congressional Resolutions.
4. The functions of the Transition Commission are as follows:
a. To work on the drafting of the Bangsamoro Basic Law with provisions consistent with all agreements entered and that may be entered into by the Parties;
b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements;
c. To coordinate whenever necessary development programs in Bangsamoro communities in conjunction with the MILF Bangsamoro Development Agency (BDA), the Bangsamoro Leadership and Management Institute (BLMI) and other agencies.
5. The Transition Commission shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight (8) members, including the Chairman, shall be selected by the MILF.
6. The Transition Commission will be independent from the ARMM and other government agencies. The GPH shall allocate funds and provide other resources for its effective operation. All other agencies of government shall support the Transition Commission in the performance of its tasks and responsibilities until it becomes functus oficio and cease to exist.
7. The draft Bangsamoro Basic Law submitted by the Transition Commission shall be certified as an urgent bill by the President.
8. Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished.
9. All devolved authorities shall be vested in the Bangsamoro Transition Authority during the interim period. The ministerial form and Cabinet system of government shall commence once the Bangsamoro Transition Authority is in place. The Bangsamoro Transition Authority may reorganize the bureaucracy into institutions of governance appropriate thereto.
10. The Bangsamoro Transition Authority shall ensure that the continued functioning of government in the area of autonomy is exercised pursuant to its mandate under the Basic Law. The Bangsamoro Transition Authority will be immediately replaced in 2016 upon the election and assumption of the members of the Bangsamoro legislative assembly and the formation of the Bangsamoro government.
11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements.
12. At the end of the transition period, the GPH and MILF Peace Negotiating Panels, together with the Malaysian Facilitator and the Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An ‘Exit Document’ officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented.
13. The Negotiating Panel of both Parties shall continue the negotiations until all issues are resolved and all agreements implemented.
VIII. NORMALIZATION
1. The Parties agree that normalization is vital to the peace process. It is through normalization that communities can return to conditions where they can achieve their desired quality of life, which includes the pursuit of sustainable livelihoods and political participation within a peaceful deliberative society.
2. The aim of normalization is to ensure human security in the Bangsamoro. Normalization helps build a society that is committed to basic human rights, where individuals are free from fear of violence or crime and where long-held traditions and value continue to be honored. Human insecurity embraces a wide range of issues that would include violation of human and civil rights, social and political injustice and impunity.
3. As a matter of principle, it is essential that policing structure and arrangement are such that the police service is professional and free from partisan political control. The police system shall be civilian in character so that it is effective and efficient in law enforcement, fair and impartial as well as accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.
4. An independent commission shall be organized by the Parties to recommend appropriate policing within the area. The commission shall be composed of representatives from the parties and may invite local and international experts on law enforcement to assist the commission in its work.
5. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.
6. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro.
The Parties agree to continue negotiations on the form, functions and relationship of the police force of the Bangsamoro taking into consideration the results of the independent review process mentioned in paragraph 4.
7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.
8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.
9. The details of the normalization process and timetables for decommissioning shall be in an Annex on Normalization and shall form part of this Agreement.
10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and poverty-stricken communities.
11. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process. For this purpose, a Trust Fund shall be established through which urgent support, recurrent and investment budget cost will be released with efficiency, transparency and accountability. The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women, children, and internally displaced persons.
12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations.
IX. MISCELLANEOUS
1. This Agreement shall not be implemented unilaterally.
2. The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year.
leona says
The above framework copy taken from Rapplers’ newsbreak.com today.
leona says
Still “on moderation” my Oct. 24th, 10:46 a.m. blog.
leona says
still on moderation my blog Oct. 24th @10:46 am.
raissa says
Yes.
The only thing they cannot do is have a king or queen. Kasi dapat elected.
leona says
But they keep the THRONE.
raissa says
Hi guys,
Just need to finish yet another deadline.
Be back soon. Real soon.
I have plenty of stories for you.
Thanks for your patience. Just need to earn a little living.
Raissa
vander anievas says
:). take your time…
leona says
Raissa, that’s great! Many stories coming! Not much worry here….we’re “polishing” here as everything is new anyway. Thanks. Ingat sa lakad!’
Rene-Ipil says
It appears that DOJ is now prosecuting Esperlita Garcia for online libel pursuant to the RPC. Meaning that the government considers online libel as already covered by the RPC. Meaning also that Pnoy signed the cybercrime law (CCL), including the online libel provision, merely to increase the penalty of libel if committed in cyberspace.
If the government truly believes now that online libel does not deserve a higher penalty than ordinary libel, it should move for the suspension of any criminal proceedings in court, including the recall of the arrest warrant, and wait until the Supreme Court ruling on the CCL.
Johnny Lin says
Latest News Interaksyon TV 5 Online:
“GMA, Under Hospital Arrest, Files Medical Parole Bill”
GMA will be the first beneficiary of this bill, thus self serving. It would be better if GMA would use her pork barrel to build a secluded, high security hospital prison facility for accused or convicted politicians and those found guilty of the Maguindanao massacre on the killing field site reminding the public the atrocity of the carnage and the evils of corrupt government sevice workers.
raissa says
True.
pinay710 says
isang halimbawa na LAHAT NG BILLS NA ISINUSULONG NG MGA POLITIKO AY PARA SA SARILI NILANG KAPAKINABANGAN.sila ang pasarap ang mamamayan ang kawawa. SIGE IBOTO NYO PA ULIT SILA!! WALA KAYONG KADALA DALA!! e bakit hindi na lang gumawa ng hospital para sa mga convicted na politiko? dami naman pera ng Pilipinas kong mahal.
leona says
@pinay710…ang koruption kay lakilaki! Si Sen. Serge Osmena sabi na P10B to P15B ang na sarili nilang kapankinabangan panahon ng na karaan administrasyon. Itong ang link
http://www.gmanetwork.com/news/story/279243/news/nation/sen-osme-arroyo-officials-pocketed-p10b-p15b-out-of-bridge-program
Wag iboto nyo ulit sila! ‘Di na dadala! SUSMA! P10B! P15B! SUSMA na naman!
‘Di off topic siguro…PERA ng tao Bayan ito na kuno nawala.
curveball says
Matalino talaga ang mga politiko natin. Madali naman pala gumawa ng batas/bills kung gusto. Bakit hindi makapasa ang RH Bill? Ang FOI bill? Na pareho ng matagal na nakasalang? Bakit di ito ang unahin nyo?
Ano ba yan mga magagaling na politiko, na hindi daw sila dynasty.
leona says
@curveball…maybe in their “selection of bills to pass,” they think first what’s good for ’em and last what’s good also for us! Bad for ’em no nothing for us!
Anything of political clan or dynasty will start bad and never end good. Nothing will be good as they all claim. That is why the Constitution placed it there to prohibit ’em! But never will a law be made defining what it is. It is a shot in the dark in blindness!
curveball says
@leona, baka nga pag nakapasa ang bill na bawal ang dynasty ay biglang mawala ang mga politiko at kunti na lang ang nakalista sa balota? baka nga sa isang bayan/probinsya ala ng kandidato…kasi lahat sila magkakamag-anak eh.
pero maganda kung mangyari ito. sabi sa balita pinaguusapan daw, maganda pakinggan ano?
PERO…. ala ng panahon sa ngayon kaya baka next congress na …patay na naman tayo nito.
kasi malamang makalimutan na uli.
leona says
‘Di natin makukuha itong batas kay PNoy, kasi mayroon din siya, like his nep Bam Aquino.
Sa ibang presidente siguro, baka Siguro sa 2016, way kay Binay, sigurado No Way My Way yan!
Sa mga senadores ‘O mga congressmen, kaya?
‘O by way of PEOPLE’S INITIATIVE law, baka.
Sigurado, ‘DI MAKAKALIMUTAN ITO! Nandyan KA PA at AKO!
leona says
@curveball…Palace says in the news report today…re bill on political clan or dynasty…TOO PREMATURE!
People there appears not to remember when the 1987 Constitution was approved! TWENTY FIVE (25) YEARS NA mga Hijos at Hijas! Too premature?
The bill or law not yet made…OVER MATURED NA ang inaction!
The CLANS ‘n DYNASTIES are already AROUND US, creeping and growing, that one day the country is THE KINGDOMS OF THE PHILIPPINES will be the right title.
Too premature? C’mon!
leona says
Here’s the link
http://www.philstar.com/Article.aspx?articleId=863093&publicationSubCategoryId=63
leona says
Dapat ang matalino ay ang mga botante. Maski wala pang batas, mag batas-batasan na tayo!
Pag ang isang bagong “clan member” ay na “elected” the “infection for corruption” is in the family already! Infection follows like a contagious disease. Pag ang isang bahay ay tinirahan ng mga may tuberculosis, lahat ng clam members magkaka sakit ny TB. Katulag sa sakit ng political dynasty, buong Bayan may TB rin!
Wag iboto lahat ng may “TB” dynasty! Ang sakit ay nakaka hawa sa lahat. Kawawa tayo ubo ng ubo, may TB na dugo! Itong klaseng TB ay mahirap ang gamot, very RESISTANT sa anti-dynasty drugs!
May iba sa news report dito, nakaboto na raw sa mga dynasty candidates in the past. Well, on 2013 PLEASE STOP VOTING FOR THEM! Here’s the link of that news
MANILA, Philippines – Many in Rappler’s online community will. In fact, most of those who joined our #PHvote social media conversation on Wednesday, October 24, said they have voted for a member of so-called political dynasties.
There’s a catch, however. Very few did so because those second- or third-generation politicians in their localities had the necessary background, and had been conscious to live up to their names.
We asked, “Political dynasties: What’s a voter to do?” Their consensus: They will still vote for its members, as long as they are qualified—but they are conscious of the need for voters to actively seek for alternative candidates. For the long-term, voters acknowledged, changing the country’s system of electing leaders and representatives is necessary.
While most were supportive of the anti-dynasty bill that’s pending in Congress now, some suggested the constitutional ban that it tries to enable be dropped altogether.
University of Santo Tomas political science professor Edmund Tayao and former congressman Mark Cojuangco—whose family has held political posts in Pangasinan, Tarlac, and Negros Occidental—were among those who engaged our readers.
The suggested idea: Don’t Vote Again For Them. Maawa kayo sa sarili mo, mga anak at apo ninyo! Big and little Kingdoms of Families will be around us for generations to come!
Stop it now on 2013 elections or we cannot stop it later. Your right vote is the law on anti-dynasty.
leona says
No time left to pass bill against dynasties
Philstar – Sat, Oct 27, 2012
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MANILA, Philippines – The Senate has started working on a bill prohibiting political dynasties even as several groups have asked the Supreme Court (SC) to compel Congress to pass such a law.
Because there is little time left for the 15th Congress to pass the bill, however, both Senate Majority Leader Vicente Sotto III and Sen. Aquilino Pimentel III, who chairs the committee on electoral reforms and people’s participation, admitted yesterday that the measure may have to wait until the next Congress.
Sotto said public hearings and plenary debates on the proposed bill could provide a good starting point for future deliberations on the measure.
One public hearing has been conducted so far on Senate Bill 2649 filed by Sen. Miriam Defensor-Santiago that seeks to ban political dynasties.
Sotto said there are too many pending pieces of legislation in the Senate and it would be difficult to include the bill as a priority measure.
However, he said that the conduct of hearings and perhaps debates on the bill could serve as a starting point for future discussions.
Pimentel said he would conduct one or two more hearings solely for the measure.
“I expect that after those hearings, we can come out with a good definition, and then all the disqualifications will follow from this good definition of what constitutes political dynasties,” Pimentel said.
However, he said that getting this approved before Congress adjourns in June 2013 might not be possible.
“Not in 2013 but I just want to contribute to lawmaking, in the sense that I can come up with a better version of the bill and if this is re-filed in the next Congress then it will be an improved version of the current one,” Pimentel said.
The Senate is expected to focus attention on the proposed P2-trillion national budget for 2013 when it resumes session on Nov. 5 in order to have it enacted into law before yearend.
Aside from the budget bill, the Senate also has a number of priority measures pending approval, such as the sin tax bill, the amendments to the Anti-Money Laundering Act and the controversial Reproductive Health bill.
With elections coming up in May next year, most of the senators would also be busy campaigning, leaving little time for legislative work.
Sen. Sergio Osmeña III said the other day that he does not see any problem with the bill hurdling the Senate but as far as the House of Representatives is concerned, that would be a problem.
Osmeña recalled that during the 10th Congress in 1995, a similar bill was debated in the Senate but was archived because it did not have the support of the House of Representatives.
He said that the bill went to the archive after former senator Orlando Mercado was told by his counterpart in the House of Representatives that he should not even bother sending the bill over to them because there was no way they were going to approve it.
Apart from the apparent refusal by the House of Representatives to give its support to an anti-political dynasty bill during the 10th Congress, another reason the Senate gave up deliberating on the measure then was the legal question raised over the inclusion of common-law wives and mistresses in the coverage of the proposed law.
Sotto was very familiar with the issue because he raised it during the plenary debates on a proposed anti-political dynasty bill during the 10th Congress in 1995.
Sotto recalled that the bill sponsored by Mercado was one that he and most senators did not oppose since they did not have relatives in power anyway.
“But aside from the fact that there was a problem with the House, there was also one factor why Orly (Mercado) could not continue with the interpellation. During the period of interpellation, I asked him up to what degree (of relationship would be prohibited) and what to do with the mistress and common law wife,” Sotto said.
He said that this was a legitimate issue because there were several areas in the country where the mistresses and the common law wives were running for office and using the resources of their incumbent partners’ office to ensure victory.
Sotto argued that an anti-political dynasty law that does not include the mistresses and common law wives would be unfair since only the legal families of politicians would not be allowed to run for office.
According to Sotto, he and Mercado agreed to include the mistresses and common law wives in the bill.
However, at that point, Sotto recalled that then Senate President Neptali Gonzales went down from his office to prevent them from pushing through with their amendment.
“He said, you could not do that. You cannot legalize the illegal,” Sotto said, quoting the late Senate president.
Based on Sotto’s recollection, Gonzales argued then that the inclusion of mistresses was in effect a recognition of their status as somewhat legal.
Sotto said that this issue should be addressed in the current deliberations on the proposed bill filed by Santiago.
“If it will be debated again, I suggest that the sponsors of the measure resolve that now. Find a way to resolve that, otherwise, if we cannot, we should not prevent legal families and allow the illegal,” Sotto said.
Under Santiago’s bill, the common law wife or husband is included under the definition of a spouse.
The bill also prohibits relatives of an incumbent local government official, up to the second degree of consanguinity, to hold or run for any elective office in the same province and in the same election.
Suggestions were made to include relatives up to the fourth degree of consanguinity, but a number of senators felt that this could already be too much.
Sotto, Osmeña and Pimentel, while having the same opinion about the proposal, said that they would be willing to put this in the bill if this is what the people want. – By Marvin Sy (Philstar News Service, http://www.philstar.com)
The best and ultimate suggestion is to “any degree, ascending and descending.” No limit at all but with a “specific reasonable period of time” to prohibit a dynasty or political clan.
Victin Luz says
Mam @Leona …some CPEMRs were not already active in giving comments. Is it because of the new libel law?
leona says
@curveball…here’s a link about the political dynasty discussion in the senate. One senator says if “it is up to the 4th degree of consanguinity, it is too much” daw. My answer is: Nothing is too much to stop creating “Kingdoms of political dynasties or clans!” Make it prohibitory “in all degrees, 1st degree and up to great-grandchildrens, brothers and sisters, In-laws, mistresses, gigolos, parents and grandparents, all the way up to the heavens if that’s how it can reach. Too much? Ang kawat ay too much din!
http://ph.news.yahoo.com/no-time-left-pass-bill-against-dynasties-160444042.html
jorge bernas says
@ CURVEBALL,
TAMA KA MADALI NGA MAIPASA ANG BATAS KONG GUGUSTUHIN NILANG IPASA KASO BAKIT NILA IPAPASA ANG “F.O.I.” at “R.H. Bill” EH SILANG MGA PULITIKO ANG TATAMAAN TAPOS SAGOT NANG MGA GAHAMANG POLITIKO EH BINILI KO MGA BOTO NINYO KAYA MAGHINTAY KAYO SA KANGKONGAN…..HA HA HA HA….. KAYA DAPAT NA TAYONG MAMBOBOTO NA MATOTO AT MAMULAT SA KATUTUHANAN AT HUWAG IBENTA ANG SAGRADONG BOTO…
“NO” TO VOTE BUYING…..
john c. jacinto says
ang bill ni gma ay rurok ng kakapalan ng mukha ng isang pulitikong walanghiya at walang katiting na konsensiya.
vander anievas says
@j.lin,
that is what they are good for. the lutong macau bills. self-serving.
isn’t it that a convicted politician built inside the munti penitentiary a facility for his use while serving his term?
in the same manner, your suggestion fits in parallel to that one(in munti). so i fully agree with a hospital prison for our politicians. i want to see them all in there. more fun in the phils.
leona says
@vander…tawagin ang hospital “Hospital Kuno Ng May Sakit”…lahat nag kakasakit pag may kaso!
pinay710 says
@ leona, mas maganda po na tawagin ang hospital na ganito “HOSPITAL FOR RESPITE POLITICIANS” kasi pagtapos na ang kaso release na sila sa hospital. parang lagakan lang ng mga pasaway na politiko. heheheheh mas bagay sa kanila tawagin na RESPITE PATIENT.
pinay710 says
sorry po sir/mam leona pala. mawalang galang na po, na excite ako sa inis sa mga pasaway na politiko natin. ma libel kaya ako nito?
leona says
hahaha!…na patawa ako! ‘O sigue, puede siguro yan.
May idea ako…why not Hospital of DESPISED POLITICIANS….meaning inferior or worthless?
‘o HOSPITAL OF DESPICABLE POLITICIANS?…tawa uli…enjoy sa mga jokes…libelous?
chit navarro says
She (GMA) does not qualify as a beneficiary of this bill because the bill qualifies one “who is terminally ill, etc.”. GMA is not terminally ill – she has filed her certificate of candidacy as congresswoman for next year’s election. How can one be terminally ill when under the Comelec rules “one is of excellent health”?
vander anievas says
i want to believe she is very ill. therefore, she must not be allowed to run for humanitarian reasons. campaigning alone is so stressful that she might be put in great danger. her loved ones need her very much. esp. those whose livelihood depend upon her generosity.
we have to call the attention of the comelec to do favor to a very sick person. exclude her name among the congress hopefuls.
leona says
@vander…COMELEC should have GMA medically examined if fit as a candidate. If not, the Office can move to cancel her COC then. Why not?
Saan ba siya…masakit ‘O di masakit? Pag ‘di masakit, regular jail cell then.
pinay710 says
ako po ay talagang litong lito na sa kalagayan ni gma. napakatalino namang nilalang nito? mga doctor sa mga pinakamagagaling na hospital ng Pilipinas napaiikot nya na may sakit sya? hindi ba nila nahahalata na pagka may darating na asunto sya eh BIGLANG NAGKAKASAKIT? mga sakit pa na hindi pangkaraniwan ang ginagamit na pangalan ng sakit , para nga naman mahirap intindihin, para talagang ang dating ay malubhang malubha pero pagka tinignan naman ang ibig saibhin sa diksyonaryo ng mga mangagamot eh sakit sakitan lang. ang ginagamit na mga scientific/medical terms ay talagang hindi maiintindihan ng pangkaraniwang Pilipino para siguradong kakaawaan dahil napakamalalim na karamdaman. pati naman mga doctor nya ay nakikiloko na din para pagbigyan lang ang kaparitso ni gma. sobrang panloloko ang ginagawa ng taong ito. NATUTULOG BA ANG DIOS BAKIT HINDI PA NYA GAWING MAKATOTOHANAN ANG SAKIT NI GLORIA?
leona says
@pinay710…may generic name yan…SAKITITIS…lahat ng sakit kasama as specie dyan! hahaha Ang unang gamot yan ay…BEDITITIS…off to bed! hahaha.
Ang final gamot yan ay…CONVICTITIS….hehehe…with lifetime DEXTROXITITIS I.V. …sa ugat!
Alam mo ano ang “I.V.”?
pinay710 says
@sir/mam leona,oo naman i.v. dextrose. kung ako lang ang nurse ni gma kahit na ako mabilanggo eh lalagyan ko ng lysol ang i.v. nya para matapos na sya. pero pagnatigok naman yan hindi na sya makakabayad sa mga atraso nya sa bayan kong mahal. pero sa edad kong ito WALA pang napaparusahan na mga politiko na tulad ng parusa ng pangkaraniwang mamamayan na nagkasala sa lipunan. SOBRANG LAYO NG AGWAT NG PAGTRATO SA MAYAMAN/POLITIKO AT PANGKARANIWANG MAMAMAYAN. si erap lang ang naparusahan pero house arrest pa. ang mga pangkaraniwang Pilipino walang house house arrest. diretso agad. ang bista nga pormalidad lang tuloy tuloy sa bilangguan. kaya hindi lahat ng nabibilanggo ay nabibigygan ng makatarungan paglilitis kasi walang pera, walang hahawak na abogandong de campanilya na mahal magsingil. YAN ANG HUSTISYA NG PILIPINAS. PARA LANG SA MAYAYAMAN/POLITIKO. NAPAPATAGAL NILA ANG HUSTISYA. (hindi po ako sumisigaw. naiinis lang po ako) tignan nyo si corona, hanggang ngayon puro extension ang kaso kasi dami pera at hindi naman naibabalik ang mga nakulimbat nya sa puesto nya.tinatamasa pa din nila ang karangyaan na galing sa katalinuhan nila sa pangangamkam sa bayan. kailan kaya masasampolan ang mga politikong ito? asan na si garcia? si ligot? nagpapasarap lang sila hanggang ngayon. sayang ang mga ginastos ng korte sa paglilitis sa kanila eh hindi naman naparusahan pa. nawawala na nga sila eh. hindi na yata mahanap ng gobyerno kung nasaan na ang mga yan.
curveball says
Ngayon at may kaso ay mahina at kailangan ng eksperto na susuri at gamot sa sakit. Pero kapag na-abswelto o nabigyan ng bail, tignan natin at aktibo na uli sa kongreso at kung saan saan pa. Parang switch ba, on-off ang health (good/bad) depende sa panahon at lugar.
Kaya nga gagayahin na yan ng mga susunod pa na magkakaroon ng kaso. Pwede naman kasi gawin at makakalusot.
Victin Luz says
Famas awardee ba @curveball… He he …talo pa nya si Sharon at Vilma he he
leona says
@curveball….’O baka ang sakit naman ay tawag na SWITCHITITIS…switch on ‘n off depende pag na bigyan ng “bail” OFF [no sakit]…pag denied ang bail [ON…may sakit] !
Yan ba ang ibig sabihin mo…”on-off”? Ganda! Na sakit.
curveball says
@leona, syanga tama ka sa term ng sakit. bago mabigyan ng warrant anduon at ang lakas. Ng may warrant na ayun at biglang a matter of life and death na ang kundisyon. O di ba ang galing ng sakit na yan. Automatic na ang activation.
Iba talaga ang nagagawa ng may pera kasi makakapagbayad ka ng “magaling” na atty. Pwede ka na hindi makulong kasi malalaman mo na agad na may warrant ka eh. Punta na agad sa hospital at inatake ng kung ano sakit.
Pag wala ka pera at alang “magaling” na atty. hulihin ka sa friday ng hapon para sabado at linggo ay nasa kulungan ka at lunes ka na pwede mag pyansya. Nabugbog ka na o kaya may nakotongan na ang pamilya mo
vander anievas says
ayon sa joke ng ating mahal na pangulo, marami na silang ganyan. nagiging wheelchair ang sasakyan pag marami ng pera.
ang pwedeng itawag sa ganyang sakit ay arrestitis with complication of acute plunderitis.
vander anievas says
@pinay710,
may kakutsaba syempre. sino ba ang nag-i-specify ng mga sakit-sakitan? na may scientific names pa. e di iyun ding mga marurunong sa mga sakit-sakitan. alam mo na kung sino ang mga iyon. at ang mga nag-aanunsyo ng mga inimbentong sakit ay ang mga lawyiars para hindi mapag-initan ang mga professional inventors ng taong bayan…
pinay710 says
@sir vander anievas, pasintabi po noong kapanahunan ko napakataas ng pagtingin sa isang abogado or doctor. pero ngayon pagsinabing abogado ka sigurado ang nasa isip magaling kang magsinungaling. maibabaluktot mo ang tama at maililigtas mo ang isang kriminal sa kaparusahan paggka ang ipagtatanggol nya ay maraming pera o pulitiko. ganyan na din ang mga doctor. dati buhay ang isinasalba ngayon hindi na lang sakit pati krimen naililigtas na din nila sa kaparusahan. magkatulad na ang mga doctor at abogado sa pagkopkop sa mga kriminal.kung sabagay ang tagal nilang pinagaralan at malaking pera ang nagastos nila para makatapos sila. kaya bumabawi lang sila ngayon. kaiba na ang mundo ngayon. survival of the fittest elimination of the unfitt na talaga. kaawa awa ang mahihirap.
leona says
Too or absolute generalized ang criticism mo sa dalawang magandang professions, doktor at abogado. Kalahating ng mga abogado kakampi mo; yun kabilang hati ay kalaban mo pag may kaso ka.
Sa doctors, lahat sila kakampi mo pag may sakit ka. May kwento: ikaw ay 18 years old, standed sa isang Panatag island, kasama mo apat na lalaki: isa guapo na abogado, isa matalinong engineer, isang makwartang CPA, at yun isa ay doktor. Duman ang isang banca na kaya lang ng tatlo na pasahero at ayaw ng may ari ng banca mag pasakay ng babae. Sino sa isa sa apat na lalaki ang gusto mo maiwan kasama mo sa Panatag Island? Aber?
pinay710 says
@mam/sir leona, yung cpa na makuwarta. kasi pagyun ang kasama ko mababayaran ko ang abogado, ang doctor at ang engineer. eh hindi mo naman sigurado na may pera yung 3 hehheheh baka abogado wala kaso, yung engineer eh baka gin gineer lang at yung doctor eh puede nang bayaran ayun sa kapanahunan ngayon.bibilhin namin ng cpa ang bangka. papayag na yung may ari dahil maraming pera ang cpa. meron ba ngayon hindi nabibili ng pera? tapos iiwan namin yung doc, abogado at engineer. bahala sila sa buhay nila. paginiwan namin sila sa panatag island mababawasan ang mga abogado, doctor at engineer baka mga tauhan pa sila ni gma. bawas pasaway na tao.
leona says
hahaha….galing! Sa makwartang CPA ka! The choice is subjective. Each has her/ own reason or reasons. Kaya lang….
kung nag buntis ka na, kaya ba ng CPA mag pa anak sa ‘yo? Nasaan na si doktor?…$%^9* aray…nanay ko …#$%^@…aray! …lintsak TRIPLETS PA!….hahaha.
jorge bernas says
@ leona,
Ha ha ha ha parang ang aga nang penitensiya ni Pandak, Dahil kapag totoong maysakit denied ang C.O.C. sa Comelec para tumakbong congresswoman at balik sa hospital arrest pero kapag napatunayang walang sakit sa totoong bilangguan/piitan ang bagsak…..KARMA….
Sana bawal nang tumakbo ang mga may kasong mandarambong….At sana hindi manalo mga ito kong tumakbo…NO TO VOTE BUYING….
TOL says
“As a gesture of mercy and compassion, medical parole is granted to a prisoner prior to the end of his/her sentence due to medical consideration,” they said in pushing for the passage of the bill.
They said if the government would give in to their proposal, it would be able to save the money intended for the treatment of the prisoners.
Ano ba talaga Lola Glo? Gesture of mercy and compassion but saving money intended for the treatment of the prisoners? Hindi ko yata ma-gets. Paki-explain nga po.
Johnny Lin says
Latest News ABS CBN:
“Palace claims Anti Mining leader’s arrest not due to cybercrime law”
According to Sec Lacierda anti mining leader Garcia was arrested under the old law of Libel based on her postings on Facebook in 2011.
If this is true that Libel law is applicable on Facebook or Twitter
WHAT HELL DID PALACE AND CONGRESS NEED THE CYBERCRIME LAW FOR?
When the law was passed and condemned, Palace was defending it’s necessity. After citizens rebelled against it’s constitutionality, Palace claimed it needed amendments on certain provisions especially on Libel.
Mow that someone was arrested about “libelous” comments on facebook, Lacierda claimed the law used was Libel law on Facebook.
Lacierda is either speaking ambigously or he does not know what he is talking about! He has been wanting on his job performance lately.. He announced there was no new PDEA chief but Ochoa has released the appointment papers. New DILG Undersecretaries were appointed by Roxas and announced in news media but Lacierda claimed that there was no official announcement yet. Now, he is claiming that there is a law on Libel over Facebook postings!
People in the Palace are confusing the public. Their right hands do not know what their left hands are doing.
Time for Pres Aquino to come back from the valley of ” Lords of the Ring” and start wringing the necks of his subordinates in Palace hill.
After more than 2 years of this administration, the claim of incompetence of KKK in PNoy’ s circle by his critics is gathering credibility. If PNoy’s men still could not put their act together by this time, they should start tendering their resignations voluntarily. Their non-synchronous performance has been disastrous.
.
leona says
@Johnny lin…maybe the DOJ and all it’s branch offices should issue an “emergency MEMO” to hold all filings of libel cases whether under the Revised Penal Code, as Amended, as this is already a part of the Cybercrime Law RA 10175 which this new law has “inserted all libel cases, increasing its penalties, etc.” but which the SC has ordered under TRO – meaning, that no enforcement can be done. In short, even libel under the Penal Code is likewise included under the TRO, for all intents and legal purposes, since that is the intent of RA 10175.
An emergency MEMO is important otherwise the public is confused, as you said, that even Mr. Lacierda “does not know what he’s talking about.”
Let hope such A MEMO is forthcoming ASAP!
leona says
Plus, prosecutors to file urgent motions to set aside or recall all warrants of arrests issued by the courts under this subject matter until SC rules on the Cybercrime Law, including those cases where the accused have posted bail bonds already, etc., so there’s no discrimination.
Johnny Lin says
@leona
Memo is useless because nobody from the top reads them anyway since the only readers are the messengers and the lowly employees receiving the Memo from the messengers. All the rest are busy soliciting bribes by pretending to be working hard or hardly working, out for the day on a daily basis except on 15/30 days, networking with other govt officials to solidify their positions and crafting deals/strategies on how to manipulate govt bids and contracts.
Those are typical government office employees. Oh, also those employees conducting official business in the bar/cafeteria besides their main offices and high ranking officials having business meetings with wealthy problematic clients in 5 star hotels and gourmet restaurants.
He he he
leona says
Johnny …another news report…father arrested in Iran for son’s internet comment….done in Holland
Father arrested for his son’s posts on Facebook
Saying the wrong thing in Holland can land your Iranian father in serious hot water
News | Computers
Facebook | Law | Religion | World News | Social Media | Show All
3 comments
By Fox Van Allen, updated 104 days ago
Facebook Guide: Everything you need to know about the…
Iran reportedly blacks out web access to Gmail, Facebook…
The wrong Facebook post or tweet can land you in some serious trouble — an anonymous man was unmasked by the Secret Service after making threats against a congresswoman, and a Facebook friend suggestion landed a man in jail. But Iranian officials are taking social media way more serious than their American counterparts, arresting the father of someone suspected of mocking a high-ranking religious figure.
While away at school in Holland, Yashar Khameneh participated and commented on a Facebook page that made light of a top Shiite Muslim imam by posing him next to the character Donkey from the movie Shrek and a sunglasses-wearing camel. Because imams are considered “Infallible,” it is a crime to ridicule or insult them.
Iranian authorities attempted to contact Khameneh through his father, Abbas, demanding the removal of the Facebook page. Because the younger Khameneh did not personally own the page, however, he was powerless to take it down. Shortly after, Abbas Khameneh was arrested by Iranian officials and sent to Evin prison, a facility known for torturing political prisoners. He has been detained there since May.
The owner of the page has refused to remove the offensive content, so Yashar finds himself stuck in a lose-lose situation. Still, he stands by his actions. “From the beginning, I knew that it could be dangerous, but the thing is this: Taboos should be broken,” said Yashar. “I knew that it could be sensitive (for) Muslims and Iranians worldwide, but here in Europe, jokes are made — jokes of Jewish stories or Christian — and nobody is threatened or killed. This is how it should be.”
[Image credit: Iranian ancient city Yazd via Shutterstock]
[via The Verge]
(Source)
Read more at http://www.tecca.com/news/2012/07/13/iranian-facebook-arrest-imam/#aqCOEIE0LMKigBlh.99
Kawawa din si Abbas papa!
baycas says
@Johnny,
There are two schools of thought on libel as criminalized by the Revised Penal Code (RPC): online libel is covered by the law or it it not covered. Obviously, the Pentecostes-inspired libel on Esperlita Garcia was based on the RPC and not on the TRO’d anti-cybercrime law.
The Garcia libel case was filed in May 2011 and affidavits from both parties were already exchanged since then. Pentecostes et al believe that online libel is included in the RPC. No less than a Supreme Court Associate Justice also believed so (see footnote*).
It is now up to Tabaco Court (Judge Conrado Tabaco who issued the arrest warrant) to thresh things out. The Garcia libel case is now in the hands of the court.
—–
*J. Presbitero Velasco filed 13 counts of libel against Marites Vitug in 2010. Thirteen because it appeared online for 13 days. But the court reduced it to two (2) because the alleged libel appeared in two online publications (ABS-CBN and Newsbreak). The Vitug libel case was dismissed when Velasco withdrew it after they personally met in mid-2012, according to reports.
By the way, Atty. JJ Disini is also of the opinion that online libel is covered in the RPC.
Sen. Angara through Sen. Sotto believe it may not be so. Besides, offline libel penalty is just “peanuts” to them compared to the global coverage of online libel. It is for this reason why the penalty is one level higher in the anti-cybercrime law. Sen. Enrile also believes so.
It is up to the Court to decide on the anti-cybercrime law.
baycas says
Related readings:
http://www.facebook.com/notes/esperlita-garcia/april-302011-aborted-rally-against-black-sand-mining-in-gonzaga-cagayan/181831485199895
http://verafiles.org/activists’-murders-spur-online-protest-vs-mining/
http://www.vjnews.org/2010/10/13/group-black-sand-mine-endangers-cagayan-coast/
http://verafiles.org/foreign-local-firms-raid-cagayan-for-magnetite/
baycas says
Incidentally again, Esperlita posted an “I am Sorry” update on her FB account.
leona says
@baycas…it could be her meaning that she loved she did it! Or sorry as she was under pressure! Or sorry she believes they deserved it! What could be her meaning then?
Victin Luz says
Cybercrime law had to be stopped but we CPMERs must concentrate more on the flight of anti-rallyist being killed at Cagayan in stopping the BLACKSAND mining thereat , a righteous path we are committed to travel.
Denounce DENR for the issuance of permits so as Local Government and the police force for slleeping on their jobs.
Kalampagin natin ang Malacanang so with ENRILEs, ano ang nangyayari doon sa Cagayan Province .If they will not do something let us advertise on these BLOG . NO for JACKIE in the senate, will be our slogan.
leona says
@victin…even if they do something, eh NO na ako! No bargain ako vs political clan or dynasty!
vander anievas says
no vote for jackie. no to blacksand mining…iyan ang sigaw ko…
leona says
@vander….hahaha. Ako, it is carved already in the heart! No one, absolutely no one, will be voted by my hands who is or are political clan or dynasty!
No family kingdoms for me in ‘Pinas!
My guts tells me we will all be subjected to relentless abuses by such families for generations to come!
NO VOTE FOR CLANS! NO VOTE FOR DYNASTY! NO VOTE FOR ‘EM ALL!
leona says
The senators are discussing about the definition of political dynasty. Simple lang yan…
“any degree” by blood or affinity, including In-Laws. And for a period of time from date of last occupancy of a family member, maybe for 1, 2, 3 or more “terms of office.” That should be the definition and period provisions.
Read the link here
‘Anti-dynasty bill should be expanded’
Published on 24 October 2012 Hits: 1,121 Written by Jefferson Antiporda And Llanesca T. Panti Reporters
0 7 5 49
SOME lawmakers on Tuesday raised the need to expand the scope of the proposed anti-political dynasty law to cover family members and relatives of incumbent officials holding national posts from seeking any elective position in the country.
Senators Panfilo Lacson and Aquilino Pimentel 3rd agreed that the anti-dynasty bill should also include officials holding national elective posts, but Pimentel said that there should first be a proper definition of a “political dynasty.”
Senate Bill 2649 filed by Sen. Miriam Defensor-Santiago last year seeks to ban spouses and persons related within the second degree of consanguinity or affinity, whether legitimate or illegitimate, to an incumbent elective official seeking re-election from running to any elective office in the same province in the same election.
“In case the constituency of the incumbent elective official is national in character, the above relatives shall be disqualified from running only within the same province where the former is a registered voter,” the measure stated.
Lacson said that expanding the scope of the anti-political dynasty bill could further strengthen the constitutional provision on political dynasties.
“Kasi sa tingin ko, parang mahalay din tingnan mag-ama, magkakapatid, mag-asawa, nasa isang plenary, [I find it obscene to see a father and a son, siblings, husband and wife in one plenary],” he added.
He said that the political arena should be leveled and opened to persons who are equally qualified to seek public positions.
Pimentel, the son of former senator Aquilino Pimentel Jr., said that he supports the bill because the Constitution calls for it, but there is a need to clarify and study when a case can be considered a dynasty.
He also stressed the need to thoroughly study the anti-dynasty measure to make it more acceptable to everyone since the current bill does not cover senators, vice president and president.
But Pimentel expressed doubt that the bill would be passed by the present Congress.
However, the senator is hopeful that the measure will be approved by the next Congress even if there is a big chance that there will be more family members of incumbent public officials that will be elected in the 2013-midterm elections in both local and national positions.
In the Senate race alone, some of the senatorial bets of the ruling Liberal Party and the United Nationalist Alliance (UNA) are relatives of incumbent elected officials, including Paolo Benigno “Bam” Aquino 4th, a cousin of President Benigno Aquino 3rd.
“For me, I never lost hope and we should not lose hope that even a dynastic generation will pass an anti-dynasty law,” Pimentel said.
Competence
At the House of Representatives, lawmakers urged voters to closely scrutinize candidates related to incumbent officials to find out if these are competent and capable to lead.
Representatives Juan Edgardo Angara of Aurora province and Joseph Victor “JV” Ejercito of San Juan City, who are scions of political clans, said that candidates should be judged based on their platforms. Angara is the son of Sen. Edgardo Angara, while Ejercito is the son of former president Joseph Estrada.
“I call on voters to be circumspect and selective in the 2013 elections. Voters should scrutinize candidates from the so-called dynasties, in the absence of an anti-dynasty law to really see if they are capable and suited for their posts or if they merely riding on the coattails of a more famous relative or namesake,” Angara, a lawyer, said.
“Bad dynasties coerce people and they use guns, goons and gold to get elected. If you only sell yourself and your platform, then it is letting the people exercise their freedom of choice,” Ejercito said.
Angara is running for senator under the Liberal Party coalition.
Ejercito, on the other hand, is one of the Senate bets of the UNA, a coalition forged between Vice President Jejomar Binay’s Partido Demokratiko Pilipino-Lakas ng Bayan and Estrada’s Pwersa ng Masang Pilipino.
The Philippine Constitution prohibits political dynasties but there is no enabling law for its implementation.
Rene-Ipil says
Johnny & Baycas@48
IMO online libel was included, in fact inserted, in the CCL because said crime is not covered by the RPC. Only ordinary (non-online) libel is penalized by the RPC. So that the verbatim utterance of a libelous remark in Facebook and in traditional media is punishable both under Section 4(c)4 of the CCL and Art. 355 of the RPC, respectively. Double jeopardy? No, because the utterances are of course done in two occasions. Even under the CCL, if one posted same libelous remarks twice, he/she could be charged for two counts of online libel.
In the case of Esperlita Garcia, the publication was through Facebook so that the covering law is the CCL which was inexistent in 2011.
Online libel is now an offense in addition to ordinary libel. Needless to say, both offenses co-exist but with different requirements on the element of publication. Ordinary libel needs publication in traditional media while online libel requires publication in cyberspace. Let’s hear Sotto, the author (inserter), of the online libel.
” We would want to place it on record that the publication requirement in the crime of libel is achieved by the mere fact that it is seen in cyberspace x x x.”
Others believe that the CCL provision on online libel is vague. Granted for the sake of argument. Then let’s go to the letter and spirit of the CCL. And I invite everyone to the explanation of the author (inserter) of the said provision.
“So, cybercrime offenses, Mr. President, are not covered under Republic Act No. 3815 where libel is there in Article 355.
“So, Mr. President, may I propose that we insert on page 6, line 37, probably the last one for Section 4, LIBEL. – THE UNLAWFUL OR PROHIBITED ACTS OF LIBEL AS DEFINED IN ARTICLE 355 OF THE REVISED PENAL CODE COMMITTED THROUGH A COMPUTER SYSTEM OR ANY OTHER SIMILAR MEANS WHICH MAY BE DEVISED IN THE FUTURE.”
baycas says
Thanks, @Rene, for your legal opinion.
I will just defer to your namesake’s opinion (published online on October 19, 2012 at manilatimesdotnet):
(Emphasis mine.)
baycas says
@Rene,
Please read also journalist Neal H. Cruz’s “The many pitfalls of libel” and lawyer Marichu Lambino’s “Daily Tribune, Niñez Cacho-Olivares, RTC libel conviction”.
A discussion on libel can also be found in “On libel” by MLQ3 posted on June 8, 2008.
Links to these articles are found in raissaroblesdotcom/2012/09/18/who-inserted-that-libel-clause-in-the-cybercrime-law-at-the-last-minute/
Thanks again.
Rene-Ipil says
[email protected]
I fully agree with the quintessential lawyer Rene Saguisag that “we really need to guard against cyber defamers and cyberbullies”, and with Neal Cruz that decriminalizing libel is not a good idea. The discussion by Marichu Lambino on libel is refreshing. But I do not agree with MLQ3 that libel should be confined to a civil case. My take is that libel should remain a felony but should not merit a jail term. A fine would suffice. As to Ninez I stopped reading her columns/editorials a long time ago together with those of Tiglao and Doronilla. As to Ninez’ conviction, maybe she ran out of luck this time.
My opinion about the co-existence of ordinary and online libel is based on the passing of the cybercrime law despite the presence of libel provision in the RPC.
If I had my way, the RPC provision on libel should cover any libel committed. Meaning that the cybercrime on libel is redundant. But I agree with Raissa that there should be no jail term for libel.
Seems we are taking parallel course. I stand corrected.
baycas says
@Rene (@Johnny as well),
So, it was clear from Lacierda’s press briefing that the Garcia libel case was not an online libel case and they are dumbfounded that it even prospered resulting in the arrest of the poor woman.
I am referring to this: wwwdotgovdotph/2012/10/23/for-the-record-the-arrest-of-esperlita-garcia-did-not-arise-from-the-cybercrime-prevention-act-sec-lacierda/
Pretty obvious that Lacierda was referring to the Piccio et al (PEP Coalition) libel case: G.R. No. 184800 penned by Former Justice Carpio-Morales (May 5, 2010).
It was a test case for a blog. Pretty sure if the Bambee de la Paz libel case prospered it will eventually be dismissed.
Too bad for a Facebook test case because the Argee Guevarra libel case was dropped.
A test case for a top media online publication (ABS-CBN News) did not also happen because the Marites Vitug libel case was withdrawn. [Newsbreak, however, ceased to operate as a magazine but continued on to be an online one (may be considered a blog) in 2010 when the case was filed.]
baycas says
“It was a test case for a blog. Pretty sure if the Bambee de la Paz libel case prospered it will eventually be dismissed.”
Well, the test case was “jurisdictional” such that the libel case was filed in the wrong venue. The existence of the so-called internet libel pre-anti-CCL was not tackled head on.
Johnny Lin says
Have a post in moderation since this morning
Rene-Ipil says
[email protected]
Yes, the issue in Piccio case was whether the Makati RTC had jurisdiction considering that the basis for the venue in criminal action was the place where the website was accessed and equating it as to the place of printing and first publication. The case was dismissed for lack of jurisdiction because the venue cannot be reasonably determined “when it pertains to defamatory material appearing on a website on the internet as there would be no way of determining the situs of its printing and first publication”. Meaning that it would have been a different story if the venue of the criminal action was based on the residence of the offended party.
In the case of Esperlita Garcia the basis for the venue of the criminal action is the province of Cagayan where the complainant mayor resides. Hope that this case reaches the Supreme Court if we wanted a definitive ruling on the coverage of the RPC for online libel.
Rene-Ipil says
Also in Bambee de la Paz case, Mayor Pangandaman filed the libel case in Lanao del Sur where he resided. It should have been an appropriate test case because the venue was not based on the place of printing and first publication.
Johnny Lin says
@ baycas
I was not privy to your access on live interview of Lacierda, whether he was dumbfounded or not. My reference was news print in Inquirer latest news.
Anyway, if he was dumbfounded he should have denounced the arrest or at least the lawsuit that the law did not cover Facebook, if disapproval of libel charge thru FB was the reason of being aghast on the arrest. Did he, in the interview?
Besides, my initial posting was about Palace ambigous position on libel necessity under Cybercrime Law confounded by my understanding, again based on printed news, that Lacierda was defending the arrest based on application of old law.
I was not even questioning why Garcia was charged under RPC or CL.
leona says
@Johnny…he got “information” from NBI. His public statements are confounded too!
leona says
@Rene-ipil…RA 10175 SEC. 4 on Punishable Acts [ it says “Acts”] on par. [c] on “Content-related Offenses” and “No. (4) Libel – The unlawful or prohibited acts of libel xxx” …again it says “acts” and continues …”xxx as defined in Article 355 [sic; this is not the defining Article of Libel. It is Art. 353]…of the Revised Penal Code, as amended xxx”
The word “Acts” or “acts” is clearly stated. Normally, it means “one act” of the crime. I have never heard of second libel case decided by the courts or affirmed by the SC on the same “act” of libel.
“Acts” constituting a felony [under the Penal Code] may contain “all the elements necessary for its execution and accomplishment” are present [Art. 6, RPC], etc.
Since RA 10175 mentions “act” or “acts” and incorporates Libel in the RPC, this necessarily includes the judicial interpretations of what is the meaning of “act” or “acts” under Art. 6 RPC, one “act” to commit the felony which “act” has all the “elements necessary for its execution and accomplishment are present.”
For RA 10175 the Cybercrime Law to further state in “SEC. 7 on Liability under Other Laws – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws” is already counter-productive to the DOUBLE JEOPARDY Clause.
SEC. 21 ARTICLE III Constitution, says “No person shall be twice put in jeopardy of punishment for the same offense. If an act [ says an “act” ] is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act [again it says “act”].
In short, there cannot be a second prosecution for the “same act” under Cybercrime Law and the Revised Penal Code, as amended. There is reckless suspicion on the RA 10175 SEC. 7 provision.
And SEC. 30 of RA 10175 on Repealing Clause says “All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. xxx” So, all of Libel law provisions in the Penal Code are repealed as “inconsistent” with RA 10175. Nothing more is “modified” like Section 33(c) of Republic Act No. 8792 as expressly stated as “modified accordingly.” If RA No. 8792 is specifically mentioned as “modified” but nothing of the other provisions of the Penal Code except Libel provision ART. 355, what other crimes of the Penal Code are “modified”?
Again, the repealing Clause of SEC. 30 repeals the Libel provisions of the Penal Code. Does it still include or covers libel under ART. 355 of the Penal Code? My opn is it does not. It is already repealed by (4) Libel which says “The unlawful or prohibited acts of libel xxx committed through a computer system or any other similar means which may be devised in the future.”
In short, no more libel under ART. 355 or or other libel articles in the Penal Code. It is only committed in the Cybercrime Law No. (4). So, why charge Ms. Esperlita Garcia for libel under the Revised Penal Code? This is repealed by SEC. 30 of the Cybercrime Law.
The problem is RA 10175 is on TRO by the SC. Does it mean that Revised Penal Code continues on crime for Libel? My opn is no more. It cannot. Libel in the Penal Code was discarded or intended to be discarded. Suppose the SC upholds No. (4) on libel as constitutional, will the Penal Code provisions co-exists side-by-side with No. (4) of Cybercrime Law per it’s SEC. 7? It runs counter to the DOUBLE JEOPARDY Clause.
But what if the SC declares “(4) Libel” in the Cybercrime Law as unconstitutional, will Penal Code libel provisions “continue” to be the law on libel? Yes, since the Court has so declare it, that is the effect of the decision. But until then, there is no such decision, Libel in the Penal Code or Cybercrime Law are on TRO. The decisions of the SC becomes “part of the laws” of the land. No decision, no law are existing until a decision.
That is why I believe Esperlita Garcia’s libel case should not have been filed. It should have been on “hold” until the issue on Cybercrime Law is resolved by the SC. If it is not on “hold” there is confusion as @johnny lin says.
I am sure some or many judges in the RTC courts cannot definitely know what is the law or action to take in libel cases now. They should apply “for sake of doubt” for justice’s sake to complainants and accused.
I blogged here that the DOJ should issue a Memo or Circular to that effect…HOLD all filing of libel cases. But @johnny lin says, no officials will read such except the messengers only.
I just hope such Memo or Circular is issued, carried out and acted upon ASAP!
leona says
Correction my par. 9 “it does xxx” and not “it does not. xxx”
Johnny Lin says
@baycas
Precisely, if libel is already covered under RPC, it is then illogical to include libel under Cybercrime law.
Initial netizen/Raissa outburst against 10175 is libel provision until other unusual provisions were scrutinized. Palace was defending the inclusion if libel then. Now they say it has to be amended, and latest Lacierda admitted that libel under RPC covered at least Facebook, maybe Twitter and internet too.
My point is libel inclusion in 10175 was unnecessary if TPC coveted it, so whoever inserted it was ignorant of the law and the president was not advised properly by his legal army or congressional liaison. So their initial was ignorance and incompetence on the Palace side. They should have waited on SC decision on the two cases cited before iincluding libel Under 10175.
By inclusion, they sent the message that RPC did not cover internet et al, thus Congress implicitly implying that Vitug and Garcia case must be thrown out of court, then Presbiterio and Gonzaga mayor must appeal to the Supreme court. That is the only logical conclusion Angara is rationalizing. Vitug lawyer could argue this point in court by asking Angara to testify.
Problem is our legislators are both onion skin and thicked face. They legislate thinking first how they are protected from their shenanigans. Examples of pending bills they refuse to vote into laws are
1. FOI
2. decriminalizing Libel into civil case,
3. tougher AMLA law
while a new “medical parole bill” was introduced by GMA and son Dato. Maybe, Legislators would be lining up supporting this bill because it protects their hide.
leona says
@baycas, …so @johnny lin has a very good point asking ‘WHAT HELL THE PALACE AND CONGRESS NEED THE CYBERCRIME LAW FOR?’… if a justice in the SC, an attorney [ Atty. Disini], all believes online libel is covered by the penal code? But sens. Angara and Sotto “believe it may not be so.”
So, Congress just wanted an overkill on all forms of libel and online libel! Make it DOUBLE JEOPARDY suspect pa! punishable under the penal code and Cybercrime Law!
It is an over zealous OVERKILL or doubleKILL! [ like some pigs-lechons, double-murders] ang kakawawang mga PINOYS…kawawang mga COWBOYS/COWGIRLS!
Parang similar “to make a massacre” in the making of this new libel law…Ampatuan massacre style?
So, gov’t’s present stand is file libel cases under the Penal Code while SC thresh out the new law! The plan to decriminalize libel is what now?….melting soon? What are our lawmakers immediate reactions to this new incident – Esperlita Garcia’s libel case? It’s now in the courts. Sub judice na!
baycas says
@leona,
Two (2) schools of thought. Period.
Of course, SC will be the last Orbiter.
leona says
@baycas, “period” obviously adds the confusion now for two (2) schools of thought. In the meantime, some gov’t body the DOJ for one, should adopt a “third school of thought…HOLD all filing of libel cases” and wait for SC decision as last Orbiter, you said.
Johnny Lin says
Perspective of my post and known facts in news media:
1. Libel was covered by RPC
2. Congress passed CL with another criminal libel provision and signed into law by president.
3. Authors of bill and Palace complicated the problem by defending libel inclusion initially,they later agree to amend libel provision.
4. Now, Palace spokesman Lacierda is saying that Garcia libel on Facebook was covered by RPC resulting to criminal charges on Garcia.
My question remains: if Palace knew about this legal aspect of criminal libel is applicable to social media, why did Aquino sign a new Cybercrime law with another libel provision? My point was Administration was incompetent or ignorant and ambigous about Libel law. They make ” palusot” reasoning depending on the accusation against them to confuse the public on their stupidity.
My posting was not about SC as final spinmaster or opposing two opinions of legal pundits who have no authority on making final decision over libel under RPC committed in the internet.
My question is directed at the inconsistency of opinions from Palace and CCL authors and the need to pass CL with libel. Palace is not addressing this issue at all after Lacierda made his latest announcement.
I was not even questioning whether Garcia libel was under CL or RPC.
Johnny Lin says
Awaiting moderation again
Rene-Ipil says
Johnny@48
“If this is true that Libel law is applicable on Facebook or Twitter
WHAT HELL DID PALACE AND CONGRESS NEED THE CYBERCRIME LAW FOR?”
“My question remains: if Palace knew about this legal aspect of criminal libel is applicable to social media, why did Aquino sign a new Cybercrime law with another libel provision? ”
The only logical answer to your question is that Angara and Palace wanted a higher penalty for online libel. Angara already explained before that a higher penalty is appropriate because online libel has global reach and can be easily published with the click of a button. But the insertion author of online libel confused us by putting on senate records that cybercrime offenses are not covered by the RPC.
In the SC decision cited @Baycas, the highest court explicitly ruled that the place where the libelous statement was printed and first published could not be used as venue of the criminal action in online libel. But the SC also stated another venue for libel, that is, the place of residence of the offended party. Thus, IMO the possibility of prosecuting online libel under the RPC.
I believe that the palace was aware of the above mentioned SC decision. That is why Pnoy was readily amenable to the reduction of the penalty on online libel amid his staunch defense of the cybercrime law.
leona says
Palace has a real problem: the Legal Staff also are not up to standard of legal knowledge.
What are they doing during the days? Shifting blank papers, IN to OUT, vice versa?
Leadership counts a lot. And being sharp in that Office too.
So, you and I, and all of us, gets inconsistencies from Palace on all this!
Kawawa tayo! Kawawa si Esperlita Garcia atbpa!
leona says
Food for libel thought by Mr. Franklin Tan, the link below
Commentary
When libel is not libel
By Oscar Franklin Tan
Philippine Daily Inquirer
10:32 pm | Friday, October 26th, 2012
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Netizens protesting against libel’s insertion in the cybercrime law do not know what they are protesting against. In the Inquirer’s headline story on antimining activist Esperlita “Perling” Garcia’s arrest over a Facebook post (10/23/12), President Aquino’s spokesperson Edwin Lacierda argued that the arrest was for libel under the real-world Revised Penal Code, not the cybercrime law. This completely misses the point but results from the cyberlibel debate’s unintelligent framing as to whether or not Internet libel should be punished.
As everyone from Lacierda to cybercrime law sponsor Senator Edgardo Angara has pointed out, Internet libel has been punishable since the Internet’s inception. In fact, the Supreme Court imposed restrictions on cyberlibel well before the cybercrime law. Amending the cybercrime law will not render cyberlibel nonexistent, as Perling found out and as countless netizens fail to understand (although it will close some technical loopholes that even Angara has publicly acknowledged should be closed).
Why, then, are cyberprotesters not arguing that Perling’s statements are not libelous at all, whether made through Facebook, a newspaper, or smoke signals?
It is a testament to Philippine law schools’ worship of narrow memory games that cyberprotesters recite libel’s technical definition under our criminal laws, but not the free speech doctrines restricting libel under our Constitution. Libel is not an ordinary offense but a classic restriction on free speech, a restriction that our constitutional tradition holds must be minimal. Free speech is deemed the primal right because democracy would be meaningless without free discussion of public affairs, even at the cost of a few bruised egos. Constitutional law recognizes the “privilege to speak one’s mind, although not always with perfect good taste, on all public institutions.”
Perling’s is a textbook case of a constitutionally acceptable bruised ego. Perling was charged with libel by the mayor of Gonzaga, Cagayan, Carlito Pentecostes Jr., after she wrote about Pentecostes’ alleged dispersal of activists. Pentecostes wanted to “teach her a lesson for her arrogance” because, he said, Perling “portrayed me as a very bad person on Facebook. She has been making up stories about the supposed opposition of the people of Gonzaga [to] mining when in truth, there is no such resistance here now.”
The Constitution sets a high bar for libel cases by a “public official” or “public figure.” The latter “enjoys great fame or notoriety,” “has thrust himself into public view,” or has become involved “in an issue of public interest.” Philippine public figure doctrine became even more liberal than American doctrine after it adopted two supposedly mutually exclusive American doctrines.
Under the classic reasoning from the golden age of newspapers, public officials and public figures have less need of the protection of libel laws because they have greater access to the media. Our President can instantly appear on national television to refute anything from criticisms of his policies to rumors of who he is currently dating. The constitutional preference is for speech to be met with more speech, not arrest warrants. Further classic reasoning holds that free speech needs “breathing space” as “erroneous statement is inevitable in free debate.”
In the Internet age, the cyberlibeled can instantly reply in the same forum or another of his choosing. A public official can readily post his own comments on Facebook and see whether he gets more “likes” than an elderly activist, instead of having her arrested. Breathing space is critical for the Internet, where speech is made with the casual spontaneity of conversation but the permanence of writing.
The Internet has democratized public debate and allows an elderly activist to reach the same audience as a media conglomerate. This constitutional utopia is fragile, however, given how the likes of Perling can be harassed through abuse of libel laws or coerced into self-censorship. The cyberprotest has laudably transformed countless netizens into free speech advocates, but they can best protect Internet speech not by merely attacking the cybercrime law but by promoting a culture that refuses to recognize statements regarding public officials and public figures as libel. This proposition ensures that the Constitution will protect the likes of Perling regardless of how a certain comedian-turned-senator might mangle a law and whether or not libel is decriminalized.
Libel must be branded the weapon of an intellectual and moral coward unable to prosper in the marketplace of ideas. Our newly minted free speech advocates need to look beyond the cybercrime law and would do well to repost the classic words of Justice George Malcolm, for whom the University of the Philippines College of Law building is named: “The interest of society and the maintenance of good government demand a full discussion of public affairs. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and an unjust accusation; the wound can be assuaged with the balm of a clear conscience. A public officer must not be too thin-skinned with reference to comment upon his official acts.”
Oscar Franklin Tan ([email protected]) is a former Philippine Law Journal chair who received UP’s Araceli T. Baviera Prize for cyberlibel research [incorporated in The Complete Philippine Right to Privacy, 82(4) Phil. L.J. 78 (2008)] and its first Bienvenido C. Ambion Prize for cyberjurisdiction research.
raissa says
Murad Ebrahim, rebel who found path to peace
News›Asia
Raissa Robles in Manila
[How Murad Ebrahim went from the Afghan battlefields and a meeting with Osama bin Laden to honoured guest of the Philippine president]
As military leader of the largest Muslim rebel group in the Philippines, Murad Ebrahim cut his teeth as a guerilla fighter on the battlefields of Afghanistan, meeting mujahideen hero Osama bin Laden during the war against the Soviets.
Last week, Murad was a guest in the rather grander setting of the Philippine presidential palace, mingling with President Benigno Aquino, foreign envoys and Muslim leaders.
“Never in my wildest dreams since I was a child or when I joined the Bangsamoro struggle more than 40 years ago [did I imagine] that one day I will see the interior of this building that once housed the Spanish and American governors general and now the presidents of the Philippines,” Murad declared.
In his black business suit, the stocky rebel chief was a far cry from the battle-scarred guerilla who once tried shooting down a Philippine Air Force plane with an old rifle and who once commanded one of the most active battle zones when the Philippine military nearly lost the war over Mindanao.
But then Murad’s life largely reflects the course of the war for independence in the southern Philippines.
Last Monday, the 64-year-old leader of the Moro Islamic Liberation Front (MILF) signed a peace deal that serves as a roadmap to forming a new autonomous region in the south.
It is a step towards ending one of the world’s oldest liberation movements.
The military veteran was far from shell-shocked by the palatial surroundings, though he did seem slightly star-struck.
Breaking protocol, Ebrahim greeted “Ms Kris Aquino” – the president’s popular actress-sister who was there – even though she held no official title, before moving on to acknowledge the presence of Ekmeleddin Ihsanoglu, secretary general of the Organisation of the Islamic Conference.
It was an unusual day for a man born in the heartland of Mindanao and named Ahud Ebrahim by his parents, who both died by the time he was 13.
Rather than finish his final semester in civil engineering at Notre Dame University, he dropped out at 22 and decided to join a secret guerilla training camp in Sabah, Malaysia.
Sabah’s then chief minister, Tun Mustapha, funded the camp after President Aquino’s late father, Senator Benigno Aquino Jnr, warned of an alleged plot by President Ferdinand Marcos to invade Sabah and reclaim it as Philippine territory using young Filipino Muslim recruits.
But the plot unravelled when the recruits allegedly mutinied over non-payment and bad food and were shot dead by soldiers.
It was this “Jabidah massacre” that sparked the Muslim secession movement led by Nur Misuari. From the camp, Ahud Ebrahim emerged with a new name, Murad, and a life mission – to separate Mindanao, Palawan and Sulu from the Philippines as a field commander of Misuari’s Moro National Liberation Front (MNLF), according to Eid Kabalu, a former MILF spokesman.
When Marcos imposed martial law in 1972, the MNLF declared war and announced it was seceding Mindanao.
Marcos assigned Fortunato Abat, an army general, to crush the rebellion in central Mindanao where Ebrahim was assigned. The fighting was “quite fierce and we nearly lost Mindanao”, Abat told the Sunday Morning Post in a recent interview.
Kabalu claimed that “in the thick of the fighting in the early 1970s, he [Murad] tried to shoot down a jet plane with a Springfield rifle. He was hit by shrapnel when the jet fired.”
In 1984, former MNLF vice-chair Hashim Salamat established the MILF and was joined by Ebrahim, who became vice- chairman and military chief of the breakaway group.
That summer, Ebrahim flew with 100 of his men to Afghanistan to join the worldwide call for jihad.
In an interview with the South China Morning Post shortly after the September 11, 2001 attacks, Ebrahim explained that Afghanistan had offered free mujahideen training in exchange for a stint in the Afghan army to fight the Soviet Union, the invader.
He and his men learned how to fire heavy weapons such as mortars, anti-tank guns, the anti-aircraft gun Stinger and even how to operate tanks.
While there for six months, Ebrahim said he met Osama bin Laden, who surprised him.
“If you see him, you wouldn’t think then that he would become the person he is now because he was very low-profile, soft-spoken, quiet,” Ebrahim said.
The same description fits Ebrahim, too, Kabalu says.
“As a matter of fact, many would claim he’s not supposed to be a military commander because the way he deals with issues, he’s more of a diplomat.” The transformation of Ebrahim from guerilla leader to a diplomat on the world stage came gradually as battles shifted back and forth from the jungle to hotel function rooms.
In 2000, after Misuari’s second peace deal – signed in 1996 – appeared to be falling apart, the breakaway MILF started trying to forge its own deal, with Salamat handing the role of negotiator to Ebrahim. “This guy {Ebrahim] … he makes very calculated decisions,” observed Zainudin Malang, chair of the Mindanao Human Rights Action Centre. His stature grew further in 2003 when Salamat died and he became the group’s leader.
A Mindanao-based journalist said it helped that Ebrahim was well respected by the 10,000 armed rebels “because he came from the ranks and before he became chief, he headed the peace negotiating panel”.
The journalist added: “He’s knowledgeable of models of conflict resolution in other parts of the world.”
A Muslim lawyer claimed that Ebrahim decided to forge a peace agreement because he recognised a looming reality – that “there is no second in command who is acceptable, who will lead the struggle”.
Formally announcing that the MILF was dropping its secession bid, Ebrahim said: “Today, we extend the hands of friendship and partnership to the president and the Filipino people as we jointly embark on the historic journey to rebuild our homeland, institute justice and occupation, end the reign of violence and restore normalcy to the lives of the masses of our people in Mindanao and Sulu with the Framework Agreement on the Bangsamoro.”
Former rebel chief Misuari pronounced it a “death sentence”, saying it would lead to the “dissolution of the MILF”.
The comments drew a swift response from the rebel leader, who insisted a “negotiated political settlement is the most civilised and practical way” to solve the Mindanao conflict.
It was a striking statement that seemed to cap Ebrahim’s transition from determined soldier to sage diplomat.
Johnny Lin says
Apparent unverifiable awed meeting with Osama related only after 911, behind the scenes reasons why Murad separated as MILF vice chair from a principled MNLF fighting doctrine and the “breaking of protocol on Kris Aquino” have one common factor on real intent and character, an old American dance movie has four word title describing this character.
Rebel to peacemaker or more likely time is running out on
Reckless chameleon to achieve the four word movie title.
He he he
parengtony says
A very interesting piece. Lots of good insights.
erwin says
Raissa,
Thank you so much in this revelation of Murad Ebrahim. It’s an eye opener for me for I really do not know him. I think the whole nation is very hopeful that peace and order will eventually be established. Thanks again, Raissa.
leona says
Raissa, a very good one! This is bringing out who and what is Ebrahim [ Murad ]. But the good thing is he dropped the secession bid as you say. So, between Murad and Nur, the former is the best bet for all Muslims in Mindanao. Peace is his goal for the Filipino people. Thanks for getting this out to us CPM.
Again, this time, we really hope our gov’t, its leadership and Congress, put a genuine trust to the Muslims in a genuine organic Act for autonomous Muslim Region according to the Constitutional provisions.
vander anievas says
very interesting. so that is Murad…
leona says
Former CJ A. Panganiban gives his opinion on the autonomous Muslim Region, saying it is vague but not unconstitutional, etc. A lot of work to be done, according to the CJ. Here’s the link ‘
http://opinion.inquirer.net/39128/a-little-vague-but-not-unconstitutional