Analysis by Raïssa Robles
There are now reports of a possible team up of Vice President Jejomar Binay with Governor-actress Vilma Santos in 2016. Or Binay with a prominent businessman as his running mate.
This is probably the start of a season where we will see various strange combinations floated about.
In this context, let me let me throw in a possible combination: that Aquino could run for vice president. And I don’t mean Kris, as some are suggesting.
But first, let me explain why I’m doing this. When I was in Tokyo recently, a senior editor of a Japanese newspaper told me the Philippines was about to enter “a period of instability” because in 2016, President Benigno Aquino III would be stepping down from office and be replaced by who knows what.
Earlier, I was told the same concern by a prominent American businessman in Manila who spoke to me on condition of anonymity. The businessman wondered who would replace Aquino who, he noted, could not run again.
Hmm. It seems both men believe that Aquino lends political stability to the system.
To both the businessman and the Japanese editor my reply was the same: Of course he can run again.
PNoy (as he is popularly called) can run for Vice-President, I said.
My reply was met with skepticism. And so I had to explain how this would effectively change the current political landscape that had only Vice-President Jejomar Binay and Local Governments Secretary Mar Roxas as the main presidential contenders.
Before I go on, I would like to stress that I am neither endorsing nor advocating PNoy’s running again. I am simply analyzing and pointing out the possibilities as a political commentator.
Let’s look at two important aspects of the idea:
- First, the constitutionality of such a move.
- Second, the implications of such a move on Philippine politics.
Politics is like entertainment in that it shares some characteristics with the world of movies and entertainment. Political strategists play around with combinations and see what team-ups could produce a box office hit, in this case, electoral victories.
President Aquino is barred by the Philippine Constitution only from running for President, but not from running for Vice-President or any other political office. Given his name recall nationwide and his track record, he is probably a shoe-in if he runs for vice-president.
But why would his party even consider fielding him for the vice-presidency — a spare tire position? They might consider any or all of the following points.
First, it is very likely that VP Binay will run for President in 2016. And Binay could win. If VP Binay and PNoy win – in this case, we would have a Bi-Noy scenario instead of the current Noy-Bi one – then VP Binay’s behavior might be affected by his knowledge of who his stand-by successor is.
Second, PNoy could campaign for vice-president by telling voters – ‘look, vote for the presidential candidate I endorse and for me because I’m his seal of good housekeeping. I am not going to meddle or anything. I will just be there to make sure he walks the straight and narrow.’
Presuming Aquino endorses Mar Roxas, will that be enough to make Mar Roxas win? Frankly, I don’t know at this point because there are other issues swirling around Roxas which he has not addressed.
Will PNoy look at 2016 the way President Fidel Ramos looked at 1998? If you recall, Ramos fielded House Speaker Jose de Venecia out of a sense of loyalty, gratitude and friendship even though many voters clearly did not like De Venecia.
Third, what if PNoy and the Liberal Party were to pick someone other than Roxas? That would make things truly interesting.
Then there is this one other scenario to consider, remote but possible: PNoy teams up with someone who will promise to step down so PNoy can continue being President.
Are these far-fetched? Not in our world of politics where a president is ousted, then convicted, then pardoned, then allowed to run again, then defeated, then runs for mayor and wins.
The last two years of a president’s term are usually called the lame duck years. But just a hint – or threat – of running for the VP post could erase that perception for PNoy.
So when people tell me they are afraid of what would happen in 2016, my reply is – you have to be open to the possibilities. What will happen will simply surprise you.
Rene-Ipil says
116
On December 19, 2013 Cudia wrote in his request for reconsideration of meted punishment that “the 4th period class ended 1500H.” This is half truth and half lie. It is true that OR432 was scheduled to end at 1500H. But the same class was actually dismissed before 1500H as shown in the next paragraphs. And Cudia wanted to convey the idea – with intent to deceive – that OR432 class was dismissed by Dr. Costales “on time” at 1500H.
On January 24, 2014 Dr. Costales certified that Cudia and two other cadets verified their grades with her “AFTER the OR432 class” and that she could not recall the specific time she dismissed the class. The written appeal of Cudia also on January 24, 2014 included a portion attested by Dr. Costales that OR432 class “ended on time (1500H).” This again is half truth and half lie. It is true that OR432 class ended within the scheduled period which ends 1500H. But OR432 class actually ended before 1500H, NOT “on time (1500H).”
To determine the time of dismissal Dr. Costales suggested in her certification to verify it from other members of the class or those cadets other than Cudia, et. al. This signifies that the phrase “after the OR432 class” pertains to the time of dismissal of the class (including Cudia) before 1500H. Since all the members of the class, except Cudia, et. al., reported to the next class on time at 1500H, OR432 class was actually dismissed before 1500H.
If the OR432 class dismissal were done at 1500H, all the other members of the class would have been late like Cudia. It is because Cudia, et. al. verified their grades with Dr. Costales AFTER the OR432 class. So that if Cudia were not telling a lie, it would be true that the class ended or was dismissed “on time” at 1500H. But such truth would make all the class members late for the next class. So we have two tests of truth. All the members of OR432 class were late if Cudia were telling the truth. And, all the other members (excluding Cudia, et. al.) of OR432 class were NOT late if Cudia were telling a LIE.
The truth is that all the other members of OR432 class were not late and Cudia was telling a LIE.
Rene-Ipil says
On December 19, 2013 Cudia wrote in his request for reconsideration of meted punishment that “the 4th period class ended 1500H.” This is half truth and half lie. It is true that OR432 was scheduled to end at 1500H. But the same class was actually dismissed before 1500H as shown in the next paragraphs. And Cudia wanted to convey the idea – with intent to deceive – that OR432 class was dismissed by Dr. Costales “on time” at 1500H.
On January 24, 2014 Dr. Costales certified that Cudia and two other cadets verified their grades with her “AFTER the OR432 class” and that she could not recall the specific time she dismissed the class. The written appeal of Cudia also on January 24, 2014 included a portion attested by Dr. Costales that OR432 class “ended on time (1500H).” This again is half truth and half lie. It is true that OR432 class ended within the scheduled period which ends 1500H. But OR432 class actually ended before 1500H, NOT “on time (1500H).”
To determine the time of dismissal Dr. Costales suggested in her certification to verify it from other members of the class or those cadets other than Cudia, et. al. This signifies that the phrase “after the OR432 class” pertains to the time of dismissal of the class (including Cudia) before 1500H. Since all the members of the class, except Cudia, et. al., reported to the next class on time at 1500H, OR432 class was actually dismissed before 1500H.
If the OR432 class dismissal were done at 1500H, all the other members of the class would have been late like Cudia. It is because Cudia, et. al. verified their grades with Dr. Costales AFTER the OR432 class. So that if Cudia were not telling a lie, it would be true that the class ended or was dismissed “on time” at 1500H. But such truth would make all the class members late for the next class. So we have two tests of truth. All the members of OR432 class were late if Cudia were telling the truth. And, all the other members (excluding Cudia, et. al.) of OR432 class were NOT late if Cudia were telling a LIE.
The truth is that all the other members of OR432 class were not late and Cudia was telling a LIE.
Victin Luz says
1.1
Victin Luz says:
March 25, 2014 at 12:09 pm
@atty leona….read the EQUIVOCATION on their WEST POINTs HONOR CODE System in relation to the ” INTENT ” ..it should be a DELIBERATELY DECEIVE another person…..it is safe to say the INTENT must be DELIBERATE also…
” OUR CLASS ” ……When Cudia speak of ” our class was dismissed a little bit late ” ……
LYING is when a vague and an ambigous information WITH ( coupled ) deliberately deceive , mislead his MISTAHs……. ahhh …How can the Honor Committee said that ” our class ” by Cudia was to deliberately deceive and intent THEM , when INFACT CUDIA and all of his/her classmates KNEW , they were not all ” a little bit late ” …..DELIBERATELY if none of the HC members are his classmates……
We , as none members of Cudias class ” OUR CLASS ” at first instance such word is vague and ambigous …BUT, BUT,..with regards to the DELIBERATENESS to DECEIVE and to MISLEAD his MISTAHs, it was not.. AND EVEN supported by the CERTIFICATION of Dr. Costales….
WILLFUL intent was lacking when the HC arrived on convicting Cudia of lying……
Alam na alam naman ng mga classmates nya na nasa HC that Cudia was referring ” our class ” not to all of them ( because 5 cadets only were late before ) ang it was even Corrected by Hindang and @Sir baycas comments ,, kung singular sana wala nang problema…..just to prove that the ” vagueness or ambiguosness ” of the word/information ” OUR CLASS ” lacked DELIBERATENESS to mislead the HC for them that there is LYING ….
Reply
Victin Luz says
He was not guilty of LYING CPMers…… kung ang nag iimbestiga sana ay wala sa mga taga PMA o dili kaya ay nasa Manila, maaring ” OUR CLASS ” means the whole class …a vague and ambigous word with a DELIBERATE intent to deceive them and mislead them that all of the Class members of Cudia was a little bit late….. ANG LINAW LINAW
NAPAGKAISAHAN si CUDIA and the Honor Committe who tried Cudia wrongly implemented the PMA ( copied from WEST POINT ) Honor Code…. I believed other previous committees created and so as the PMA for LONG AGO ,,wrongly teached some aspects of that PMA Honor Code that was COPIED from WEST POINT…..without …analyzing/studying thorougly its meaning IN RELATION to the attitude/customs/tradition/characteristics of WE the SOVEREIGN FILIPINO PEOPLE……..
He he SAD to say …… a soldier with proven courage, integrity , loyalty , obedience , a FILIPINO?…. hiring them to be a mercenary he he , local as goons for politicians , international to fight in Afghanistan for example…. he he …PWEDE ..wag lang pakitaan ng mga KALABAN ng GOLD ( ginto or balitok he he ) , babaliktad mga iyan ….here we’re sure PMA graduates are VAGUE and AMBIGOUS…
leona says
Deceit like fraud must be proved clearly by facts and not by assumption or beliefs of errors in grammar: use of the singular or plural words. His statements on that point could be being misquoted out of context by others.
And this ‘proving’ of deceit must be applied in all kinds of hearings, whether courts of law or not, more so in administrative proceedings including WEST POINT Academy not necessarily applying the strict rules of evidence of courts as @baycas says.
Let us wait for the final answers from higher ups: SC, CSAFP, or the PMA Command.
none says
hahaha…
awaiting moderation pa rin ang post ko..
sus.. sukat na kita raissa.. akala ko pa naman eh talagang fair ka.. yun pala isa ka lang din sa mga [email protected] na susunod-sunod kay PNoy…
and like i said before.. di mo man i-confirm itong mga posts na ito pero mababasa mo pa rin..
what a [email protected]
biggest hypocrite blogger on the NET…
o_O
raissa says
busy lang ako, wag-du.
Rene-Ipil says
[email protected]
“‘ostracism’ come from ‘ostracize’ – “refuse to associate with.” Just because Cadet Cudia questioned the Honor Board etc., finding him guilty…shall he be ostracized for that?”
So that others would be guided accordingly. Cudia had been ostracized NOT because he questioned the Honor Committee’s finding of guilt. Indeed, Cudia had all the rights to question the decision of the HC in any forum – SC, PNoy, Facebook, TV, ETC. – as he is doing now. It is NOT because he lied. The truth is that Cudia had been ostracized because he wanted to continue as a cadet despite being found as a LIAR.
Cudia had been ostracized simply because the other cadets, in the words of Leona, “refuse to associate with” somebody whom they believe as a LIAR and a COWARD. The cadets believe that if Cudia could only be courageous or man enough to admit his honor violation, he would not be ostracized.. And IMO no one should be blamed for his belief. So that even if the Supreme Court found Cudia right, those cadets and officers who believed otherwise would continue to ostracize him.
The honor system is a time-honored TRADITION that has existed, practiced and embraced by the PMA cadet corp for about a century. The law and the constitution adjust to the customs and traditions of the community, not the other way around, unless the tradition is against humanity, like headhunting and cannibalism. In fact our laws and the constitution respect the Muslim custom and tradition of multi-marriage and marriage below 18 years of age.
The Supreme Court, PNoy, congress and CPMers combined cannot force any cadet to associate with another cadet on a personal basis. That is for real. And so, for those whose heart bleeds for future ex-cadet Cudia and for all CPMers – let’s MOVE ON!!
Please remember that we owe our soldiers, PMA and non-PMA, the air of freedom that we breath from the time of General Aguinaldo in the battle of Kawit, Cavite to the era of Lt. Damian during the Zamboanga siege. So let us stop destroying our military institutions simply because of some of its rotten members.
baycas says
Ditto.
They are the “Dauntless Faction” in our society…if we somehow connect it with a dystopian community…
Please watch “Divergent“…as a plug…
:-)
baycas says
Please take a breather and watch a movie…
“Divergent”
Victin Luz says
I like to see the movie @sir Baycas when i go to Manila …he he i may correlate some episode’s or teaching’s vis a vis the Cudia’s case .
baycas says
You may start with this:
baycas says
Incidentally, Lagura was no Davis…
moonie says
rene-ipil at 114, tama and assertion ninyo. it’s part of human nature to ostracize, been so since the beginning of time. the ancient egyptians vs hitites. romans vs the gauls. druids vs the uninitiated.
ostracizm is a prerogative nearly all of us exercise at school, at work, etc. maybe, even without us knowing it. we got ostracized when we landed our 1st job, our co-workers often not talking to us, jealous we got the job their friends and relatives should have gotten. at school, we got ostracized if we got the lowest score at exam. were made to feel worthless, and many tried their best to become better, and so, learned their lessons and passed exams.
those with physical disabilities are also ostracized, same with those that have psychosis and mental illnesses.
ostracizm has a purpose. people got to fit in, or move somewhere and find their niche, their own social group.
with cudia, if he’s man enough, he can take a punch on the chin, ostracizm of fellow cadets more so. besides, why should he care about what other cadets said or feel about him? he cannot please all people, and if they’re not his friends, what they said should have no bearing on him.
I’m glad though, cudia is finding his niche. law might be good for him.
baycas says
@leona,
(Still in the news after a week of respite: The family surfaced yesterday with the teary-eyed lawyer Persida Acosta.)
Well, just to add a point in my comment at No. 109.
At West Point, the standard in what I termed as “peer review” holds true…
Whether it is adapted here, I don’t know.
Suffice it to say that Cudia’s sister volunteered this information:
Mukhang ang pamantayan ay kahalintulad nang sa West Point. The written explanation by Cudia at Comment No. 103 was the basis of the complaint against him. (What comes after that is already subjected to re-investigation and SC review.)
The West Point document further stated…
baycas says
Both quoted references for the “reasonable person” standard were obtained from Chapter 3 of the West Point Honor System as uploaded here:
http://www.west-point.org/publications/honorsys/
leona says
@baycas…thanks for the WEST POINT link on it’s Honor Code conduct on HIH. Is it printed for our PMA’s [East Point] side to follow that document?
Kudos to you!
baycas says
‘East Point,’ I like that…
Dunno kung applicable sa East Point. They should say probably that it is “suppletory” to their Honor System or better if they come up with a ‘black and white.’
The good thing now that must be done is to come up with a written document such as the West Point’s in order to improve the System. The Honor Code stays…the processes in the system must be better after all this debate has died down.
Of course, if PMA is still up…if some quarters are not successful in burning PMA down.
baycas says
Avee’s account was obtained from this PDI article:
http://newsinfo.inquirer.net/579296/2-minutes-late-top-pma-cadet-is-dismissed
none says
wow.. iba ang pinag-uusapan ng mga nandito.. bakit? para hindi pansinin ang tuluyan ng paglaladlag ni raissa robles as kiss-ass kay PNoy? wow.. at siya pa talaga ang naghanap ng paraan at ng mga kadahilanan.. wow as in wow talaga.. akala ko dati eh haka-haka ko lang at opinyon pero smh.. ang tindi ni raissa..
here’s a hint nga lang raissa.. (ok lang di ito ma-approve dahil mababasa mo pa rin ito)
if you’re gonna kiss @ss.. DON’T BACKPEDAL.. OWN IT.. no need for the lines of ‘I’m not advocating’.. no need to set up back door.. ALL IN ka dapat sa pagiging kiss @ss..
ah oo nga pala.. kumusta na yung pafairness-fairness ng mga cyber miranda daw.. sus.. eh hindi niyo nga mapansin itong walang kahihiyan na pagla-lobby-without-advocating ni raissa for that incompetent PNoy to stay in the government kahit na hindi na akma sa tamang asal.. akala ko ba eh tinutuligsa ninyo ang kakapalan ng mukha ng mga kagaya ni gloria at erap.. eh bakit itong suhestiyon niya na sundan ni PNoy ang yapak ng mga pahirap na yan eh hindi niyo pinapansin.. puro out of topic pa ang mga comments ninyo..
ang hypocrisy nga naman..
raissa says
duwag ka talaga, ano.
you can’t even post under your own name. tsk. tsk.
vander anievas says
dati nga wala sa isip ko na pwedeng kumandidato pa si Pnoy.
pero parang nabuksan ang diwa ko.
ngayon naisip ko, bakit nga ba hindi?
tingin ko kahit pa VP, patok pa rin siya.
siguro nga dapat himukin natin si Pnoy na tumakbong VP or cha-cha na kaya.
payag naman akong manatili pa rin siyang P ng phl.
kaysa naman sa iba diyan.
at least nasa Daang Matuwid pa tayo.
o di ba?
suportahan ta ka…
leona says
Sec. De Lima says salary of prosec ranges from
“P40,000 to P70,000 a month.” ! !
Sending a child, son or daughter to a private school…is about P100th nowadays…right or wrong?
To High School? To College? What can a prosec do?
Become a judge? Same problem?
What happens if slain while on and for being in those jobs? P40th/P70th?…a good formal coffin already costs about P80th-P100th!
A judge appointed to TimBukto, has to renta dwelling…how much P8th-P10th/month? Food? Light? Water? Atbpat?
Zero Balance for the Family!
Just Tiis. http://newsinfo.inquirer.net/588421/lawyers-the-govt-needs-you
Victin Luz says
Proper RATIONALIZING of the salaries and wages of lawyers working on the Public Sector @Leona , and in comparisson to the take home benefits to those in the private practice…..DEHADO talaga kayong mga LAWYERs lalong lalo na iyong mga nasa gobyerno….BAKIT nga ba [email protected] , reasons why LAWYERs need to be on the same JOB GRADE or SALARY GRADE occupying same Departments in an Office , when in fact job descriptions of a JOBs/Positions asking for a lawyer are more difficult to comply with than other job decipline’s ?
leona says
@Victin…may the System Grading on salary for gov’t lawyers with sensitive posts is comatose!
Only ‘Allowances’ from cities, provinces/towns adds up to the small basic pay of lawyers and judges. Remove those ‘Allowances’ they have nothing to live on.
The policy thinkers think just because lawyers enter the gov’t, it’s okay to give them those rates as a sign of contentment. No. Many don’t want to struggle in private solo practice but just prefer a sure 15/30 earnings every month though so low in pesos at that.
No choice. One way that could help is lessen the “Withholding Taxes’ on them via a low graduating scale as these ‘Class’ are not engaged for ‘profit’ like private businessmen.
Remember, our Tax Code has a ‘uniform’ concept of taxation but actually ‘not uniform.’
Why should gov’t employees be taxed on the same tax bracket with the private sector?
It is not uniform but only ‘a bitter form.’ for those not engaged for profit.
leona says
@Victin…sorry, my reply to you on that was de-rationalized …??? I remember replying that maybe the policy makers on salary grade etc. is in comatose!
…added that to help gov’t lawyers/judges, etc., a different tax bracket much lower than that used for private business engaged for profit should be adopted.
…in short, why tax the other who is not engaged for profit with the same tax bracket used for profit?
I do not think doing this is complying with the rule that “taxation should be uniform.” It is deformed!
Victin Luz says
Hmmm maganda iyan ATTY,, but in my humble computations ,, hanggang ilang % ba ang pwede nilang ibigay sa inyong mga lawyers ” so that any petition to the SC will not be UNCONSTITUTIONAL? he he kung 10% discount din lang or even 20 % , still salary and wage of a lawyer received at Government offices is much lower than his counterpart in receiving at Private Companies an in private practice…..Something wrong with our economy i think… Oligarch are still controlling everything in RP so everything can not be balance to anything he he……kaya pag malaki na ang kikitain sa GRAFTs …they dont care anymore about their retirement benefits or yearvof service or MORALITY he he …like lawyers involved at PDAF scam….
leona says
Gov’t employees from president down to janitor…tax should only be 5% of their respective salary!
Why? Government it is..! Gov’t [in reality: pays them their salary from gov’t ‘right pocket, then tax them like private businessmen that goes into gov’t’s left pocket!]
Isn’t it foolish? From ‘right pocket -to-left pocket’ transaction? Let the salary 95% portion remain in the ‘right pocket!’
With this idea of lessening the tax rate, gov’t will be free from adjusting the salary scale every 5 years and adjust it every 15 years maybe acc to economic ‘Cost of Living etc.’
The ideal is correct. The USA, where we copies our Tax System [Code] they or some areas in taxation, they eliminated ‘estate taxes’ and some States follow. In the State of Nevada, their is no income tax obligation [I think]. I think we do not have ‘inheritance tax’ nowadays here. Reduce ‘estate taxes’ will be good. About time another ‘Amnesty’ be coming out on this tax for everybody.
We have/had more taxes and corruption. If the latter is cut down to somewhere, cut down too some of the ‘killing taxes’ on every Pilipino.
The late “Yeebah” Mayor Villegas of Manila [before Martial law era], said “Why should a Filipino home be tax?” Maybe thru ‘Initiative’ we can cut down or eliminate ‘estate tax.’
Thanks @Victin…
Victin Luz says
5% tax across the board will be [email protected]
pelang says
marami naman talaga sa atin ang living beyond our means, lalo na iyong mga govt. employees. it doesn’t mean though, na lahat nagnanakaw. karamihan, nangungutang, GSIS, Provedential loan, Private, Loan Association etc. kaya, nakakabayad tayo ng mga ilaw bago putulan, o nakakabili ng mga appliances, meron pa mga SM Credit cards. Minsan, naaambunan tayo ng mga kamag-anak na nasa abroad pag nagkakagipitan na. Pero, okey lang. happy pa rin. kaya, iyong mga katulad ni Sec. De Lima. Gano’n din iyon siguro. Isa pa, her husband must also be working. Iyong mga magulang ko, mga educators lang, pero, napagtapos din kaming lahat sa pag-aaral, sa Maynila pa. Sakripisyo nga lang on the part of ourselves and our parents.
Kalahari says
Young lawyers will acquire much-needed exposure in trial courts – in preparation for more lucrative legal profession ahead, if they apply for prosec
leona says
Nw young lawyers can get much legal trial exposure by getting all criminal [if civil too] cases ‘de oficio’ from the court via the clerks of courts for at least a year of it. Free, no fee nothing. A good test to do legal battle with seasoned prosecs!
leona says
I am sure many would be reading this link http://www.philstar.com/headlines/2014/03/24/1304427/coa-141-congressmen-funneled-pork-trc
today. It’s all about COA’s reported audit on: foundations, NGOs, senators, congressmen, Palace, non-NGOs, and all about people’s MONEY that could be missing!
If only criminal charges are as fast as the COA’s audit reports are filed in the courts, the probable scenario will be a very special elections for all elected officials as many in current posts will be held in detention – NO BAILS allowed.
Only in ‘Pinas Kung Ma-hal [costly] Na Buhay.
leona says
…btw….maybe one day this country might land 1st or 2nd place for so many FOUNDATIONS in the Guinatas World Book Record! hahaha
leona says
Bureau of Internal Revenue – BIR, wants the Banks’ Secrecy Law lifted – http://www.philstar.com/headlines/2014/03/24/1304432/bir-wants-bank-secrecy-law-lifted
“The bank secrecy law is a special legislation that allows and requires banks and financial institutions to protect and keep confidential customer information from third parties even if these are government or tax authorities.”
Soon, when the OECD [Org. Economic Cooperation and Development] implements a new global for automatic exchange of information between tax authorities to make it difficult for people to funnel [HIDE] money [investments] outside of their country of residence,
…refusal to abide with this plan may result in FREEZING all bank accounts of certain people with deposits in banks. One day the FROZEN bank accounts will happen.
…the rich WEST countries are using this as ‘a new weapon’ rather than GO TO WAR…like in the crisis in UKRAINE. For good or for bad use. An unmerciful situation for a poor country like ours.
The BIR office should make a new regulation also for a separate form pf tax returns for all elected and non-elected public officials? These people have ‘MOUNTAINS OF BANK ACCOUNTS’ maybe beyond their gov’t salaries or other legit incomes.
Kalahari says
Absolutely no chance the bank secrecy law would be amended by congress – it’s like giving your nemesis a weapon to slay you
leona says
Right your are! Then just choke ’em to death with bare hands!
netty says
My comment about my partiality to Cudia is moderated or just vanished like the Malaysian plane MH370. Please just take out the attached video if it is too controversial but release my interesting comment still for Cudia.THANKS.
baycas says
The 11th hour for Cudia expired and he didn’t get what he wanted…from PNoy, even at the SC (who would rather be unbiased by waiting first for authorities’ response to Cudia’s petition)…for now.
Again, the repeat of the repeat…hehe…
Victin Luz says
He He,, again wrong @Sir Baycas,,,Cudia did get what he wanted , only that in our justice system particularly the Procedural Due Process, asked for an Exhaustion of All ADMINISTRATIVE REMEDIES before the Supreme Court can review/decide on that petition for review by Cudia…he he ..
And for PNOY , in referreing back to the Military which was brilliant decision on his part ,,,,” mga sira ulo kayong mga taga PMA , idadamay nyo pa ako sa mga kapalpakan ninyo ” he he …iyan lang iyan @sir baycas…he he
baycas says
Gotcha…
That’s why I included a “for now”…besides, the 11th hour I was referring to was the graduation Sunday.
leona says
Definition – standard of a reasonable person:
1) – Ordinary, prudent person who normally exercises due care while avoiding extremes of both audacity and caution.
2) -Used as a test of liability in cases of negligence – this standard is not applied uniformly on all persons because of varying degrees of reasonableness may be expected from a minor (infant), an adult, an unskilled person, or a professional such as a doctor.
… example: PALUSOT [acc to @baycas’] – ‘I was instructed by my instructor to wait for my grade which I requested from her’ – applicable to No. 1 above?
…or applicable to No. 2? Or to both? My belief is neither.
Let us go over this – Can the Law Do Without the Reasonable Person? A brief excerpt [University of Toronto Law Journal 55.2 (2005) 253-269 –
“… Can The Law Do Without the Reasonable Person?
Nowhere is this leadership better illustrated than in Mayo Moran’s Rethinking the Reasonable Person; but Moran’s book is different from other contributions.
Its theory is developed from the ‘bottom up,’ from an examination of the cases to a theory of the cases, and not from the ‘top down.’ So, for the first time since the publication of Hart and Honoré’s magisterial work on causation in the common law, we have a work on the theory of tort and crime whose thesis is teased from a comprehensive examination of the judicial development of principles of liability across the common law world.
Unlike Hart and Honoré’s book, however, which often simply blows the common law trumpet, Moran’s book aims to provide a devastating critique of the common law use of the concept of the ‘reasonable person.”
Tort and crime is worked on with the ‘reasonable person standard. Did Cadet Cudia commit a tort? No. A crime? No. What did Cadet Cudia commit? He challenged only the decision of the Honor Code Panel! Ironically, he only wanted justice and due process of law.
Link of Reasonable Person Standard http://muse.jhu.edu/journals/tlj/summary/v055/55.2horder.html
Cadet Cudia therefore cannot be gauged on that ‘reasonable person standard’ which applies only to liability for TORTS or CRIMES against persons etc. which are used/formulated in CIVIL CASES/actions ultimately for money damages etc. under common law. We apply this standard also in civil law countries like the Philippines.
baycas says
Thanks.
The internet is teeming with info…
leona says
@Victin…may the System Grading on salary for gov’t lawyers with sensitive posts is comatose!
Only ‘Allowances’ from cities, provinces/towns adds up to the small basic pay of lawyers and judges. Remove those ‘Allowances’ they have nothing to live on.
The policy thinkers think just because lawyers enter the gov’t, it’s okay to give them those rates as a sign of contentment. No. Many don’t want to struggle in private solo practice but just prefer a sure 15/30 earnings every month though so low in pesos at that.
No choice. One way that could help is lessen the “Withholding Taxes’ on them via a low graduating scale as these ‘Class’ are not engaged for ‘profit’ like private businessmen.
Remember, our Tax Code has a ‘uniform’ concept of taxation but actually ‘not uniform.’
Why should gov’t employees be taxed on the same tax bracket with the private sector?
It is not uniform but only ‘a bitter form.’ for those not engaged for profit.
leona says
You’re welcome! …the benefits of Internet indeed!
baycas says
This is close to my idea though…
baycas says
Posting this for as reference:
http://www.west-point.org/publications/honorsys/
pelang says
i don’t mean to be rude, ha? i thought we have another topic. hanggang ngayon ba, na kay Cudia pa rin tayo? i thought it has been decided already at final na ang decission. sorry, i’m just reminding you.
Victin Luz says
No @Pelang ,,,it was reffered back by PNOY to the Military for further review and also the petition for certiorari to the Supreme Court for a possible exhaustion of all ADMINISTRATIVE REMEDY..
Victin Luz says
@Pelang ,,RUDENESS is out of our radar, in fact CPMers are FREE not to READ any comments here and proceed to the next topic..Freedom and Democracy we have here.
Only that with finality , i can say that those CASEs like the famous Kuratong Baleleng executions, Dacer murder case ( majority involved were PMAers ) , Russia Philipppine peso’s smuggling case , Palparan human rights abuses , Coupt deta’s by Honasan , Pabaon for the General case’s that concluded the lif of Gen. Reyes, Murder/Killing of Gen. Florendo at hotel delfin in Tuguegarao incident , HUETING re: ambush of a hueting lord and a PMAer protector by a group lead by PMAers somewhere at Quezon Province case , and so many other cases CAN BE ATTRIBUTED to the WRONG application of PMA Honor Code System..
baycas says
It’s ok, @pelang.
It takes some time before I can catch up on my readings in current events kaya late ang reactions ko.
Blog, blog lang pag may time…
baycas says
I apologize nga pala, @pelang, for digressing…pero naikabit ko naman kay PNoy sa Comment No. 99, section 1/5 ko sa kasunod na comments page nito…
leona says
On No. 105 @baycas…does Cadet Cudia deserve ostracism as the PMA management has done against him?
The Academic Program of the PMA has seven (7) departments, one of which is the Department of Humanities. It’s MISSIONS has one task, it is:
“3. To know the valid foundation of proper human morality conduct and behavior in general or a Filipino in the new society in particular.”
‘proper human morality conduct’…speak against ostracism surely. It is immoral. Improper. Against human behavior in general. It is un-Filipino at that! Is that ostracism a PMA mission?
Link http://www.pma.ph/?pageid=Academic
Is treating a cadet like the case of Cadet Cudia…like treating him as having a ‘leper’ disease? Surely this PMA ‘tradition’ [if it is !] is abominable! No true Filipino will accept such a practice as acceptable to Filipino Society. I condemn it. It is invalid. Unfoundational.
Reform or follow No. 3 on Humanities as one of the missions of PMA Institution.
leona says
…to continue,
‘No. 4. To appreciate the culture of other people through the study of some selected foreign languages.
‘culture of other people’…with idea of ostracism? No way a cadet can learn other languages if he/she is brainwashed on ostracism!
‘No. 5. To know the human literary expression and to know the development of the Filipino.’
Is the development of a Filipino through ostracism? Can a cadet include in his PMA studies and learning to believe in ostracism as a human literary expression? That is mis-teaching a cadet!
‘ostracism’ come from ‘ostracize’ – “refuse to associate with.” Just because Cadet Cudia questioned the Honor Board etc., finding him guilty…shall he be ostracized for that?
I thought PMA Academy molds cadets into gentlemen/ladies besides making them ‘officers’.
Reform or follow Nos. 4 and 5 as also two (2) missions of the PMA Institution through the Department of Humanities.
leona says
On the PETITION of Cadet Cudia’s lawyer, Atty. Bertini Causing, on paragraph ‘ANTECEDENT’ at Nos. 52-to- 54, it is alleged as follows:
“52. Without giving due respect to the order of reinvestigation, the Honor Committee acted to preempt the Chief of Staff by issuing Special Order No. 1 on 21 February 2014 directing all cadets to ostracize him by not talking to him and by separating him from all activities/functions of the cadets and any violation therein shall be a “class 1” offense which means, 45 demerits, 90 hours touring and 90 hours confinement.
53. This Special Order No. 1 on ostracism also effectively prohibited cadets who are witnesses to the proceedings, including the 8-1 voting, to speak out on what transpired during the hearing because another “class 1” offense will be awarded to any cadet who breaches confidentiality on the honor case which may result to the cadets being “turned back” for excessive demerits.
54. This Special Order No. 1 on ostracism was issued also to preempt the counter-complaint filed by Cadet Cudia on 14 February 2014 against (nine) 9 members of the Honor Committee for manipulating the voting by means of compelling the lone dissenter to change the vote, but nothing happened until now about this counter-complaint.”
“xxx the Honor Committee acted to preempt the Chief of Staff by issuing Special Order No. 1 on 21 February 2014 directing all cadets to ostracize him by not talking to him and by separating him from all activities/functions of the cadets and any violation therein shall be a “class 1” offense which means, 45 demerits, 90 hours touring and 90 hours confinement.”
Why would the Honor Committee issue Special Order No. 1 on 21 February 2014 directing all cadets to ostracize Cadet Cudia? This violates the missions of the Dept. of Humanities.
How many members of that Committee? All of them forgot ‘Nos. 3, 4 and 5 of the Missions? What happened to their human memory? Became forgetful?
Or they have developed instead egoistical attitudes in the Academy? They will do a lot of explaining in that PETITION!
Link to that PETITION – http://totocausing.blogspot.com/2014/03/revelation-our-petition-to-sc-for-cudia.html
leona says
Btw…that Special Order No. 1…to ‘preempt’ the Chief of Staff who has been ordered to do a re-investigation is clear disobedience of military orders and rules!
Will the Committee members remain unpunished for disobeying the order of the President of the Philippines as Commander-In-Chief of the AFP?
If found that the special order no. 1 is illegal and invalid, will these members be ostracized too by the other cadets at the Academy?
What punishment then is due on them? Dismissal? Touring? Push ups? Demerits?
Victin Luz says
PMA HONOR CODE was not properly learned and implemented for a long time, with that clear explanation of @atty Leona . No wonder , graduates of such respectable institution were MOLDED into ?? everything and anything….That HONOR CODE can UNDO the rankings of graduating cadet’s . THREATs and INTIMIDATIONs coupled by demerits and touring hours…CUDIA will even reimburse all his educational expenses now…..this is JUSTICE?
leona says
In our 1987 Constitution, We, the People, approved that Charter with a PREAMBLE that goes like this –
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”
Love. A just and humane society. Ideals and aspirations. Promote the common good. Rule of law. Regime of truth, justice and freedom. Equality and Peace.
Is ostracism ‘love’? No. Peace? No. Just and humane? No. Ideal? No. A common good? It’s a special bad!
Article III of this Constitution on SEC. 19 clearly states:
” (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. xxx”
Is ostracism not degrading? Yes, it is. Inhuman punishment? Yes, also it is. Is it cruel? Surely it is!
These are worst than excessive fines!
Will Cadet Cudia be made to pay back P2M+ as expenses for his PMA studies for 4 years which resulted in his alleged offense? If he is made to do that, is that due process? No is my answer. Is it equal protection of the law? No is my answer.
Many offenders who are convicted do not pay or reimburse the expenses incurred by the gov’t in their trial resulting in convictions, like giving them their meals, shelters, water consumption, light uses etc. while kept in custody serving the sentence.
Why should Cadet Cudia pay? Because of the dismissal imposed upon him? Is it in the law [Commonwealth Act No. 1 creating the PMA? I do not read it there.
C’mon…this idea is beyond normal human belief! It’s abnormal.
netty says
I say in a grand scheme of things, one, for Cudia, there is a goal of bigger plans for him.Second, means some things are not important when greater things are revealed that is not natural but destined for humans to know. What is honorable with the Code of Honor if it doesn’t resonate with love and kindness,humans have been lied, too, for eons and a big fraud is soon getting.exposed. We all need liberating of our ideas /ideals. It is the good intention that should come from the heart and not only from the brain for the heart is the most important organ of man.History , information , education have been skewed to conform to the propaganda and control of authorities from the highest to the lowest level, we are not the all knowing creatures that we believed ourselves to be until we start to ask questions, get answers and get explanations. This is the folly of men, to accept everything on the plate without question, whether you like it or not.
I feel their pain because of what happened to my brother. He was not able to write his Medical tech. exam at that time because he was lacking in his ROTC CERTIFICATE. He was infected with Hep while on training plus other reasons that it was too late for him to rectify the situation. One lost opportunity for a young brother who I haven’t had the chance to help because I was meek , ignorant of his rights and chose not to get involved. Wasted time, wasted chances,because of some some TEMPORARY IDEALS/HINDRANCE AND CURRICULUM that doesn’t really mold the uniqueness of a person. He continued his studies in a different field and career earning his Masters Degree in Business Administration now looking forward to his local government promotion. I commend Cudia’s sister and family for being involved and seeking fairness for their family. In life, no one struggling to be great should be left behind, we are not going to be judged by how many times we lied but by how many time we picked up our friends, family and neighbors in distress.
I believe we are destined to shine, pls watch:
http://youtu.be/JcwnbQzNz9Q ( hope link works)
leona says
…right on @netty!
I will lie 10x for the good of the country!
I will tell the truth 20x for the worst of China!
How many public officials tell the truth?
Many p.o. always tell sooo many lies!
Victin Luz says
TIMEs had changes even the SACRED BELIEFs and PROCEDUREs of the ROMAN CATHOLIC CHURHes . For so many centuries ,WRONG IMPLEMENTATION/INTERPRETATION about the DOCTRINEs of CATHOLICISM especially what was written in the BIBLE had created many religious SECTs .Such defects which was CORRECTED by this new religious SECTs proves stronger and WORTHIER in creating a man’s ( most especially SOLDIERs ) INTEGRITY , LOYALTY , COURAGE and most of all HONESTY.
PERSPECTIVELY- ALUMNI’s of the United States of America’s WEST POINT , INDIANAPOLIS NAVAL ACADEMY , the alumni’s of Australian Naval Academy , the GURKA troops of Indian Continent and so many others MILITARY INSTITUTIONs all over the world , one can Count or Quantify their ROTTEN graduates if any…. But not in the Philippines , PHILIPPINE MILITARY ACADEMY , so MANY of them committed crimes against the Filipino people and to HUMANITY and even elected to became Senators and other Government National and Local Offices ,, WHY ? WHY ? It was because the PMA’s HONOR CODE need to be AMENDED or REREWRITTEN.
History will TELL ,, CUDIA will be like GALILEO of the 14th century A.C. and need to be understand and acquitted of LYING…Obedience lies when PMA HC have honesty in procedures but they were NOT….CUDIA was correct.
baycas says
The point in all my posts starting at Comment No. 99 regarding the “Cudia Affair” is that he brought all his sufferings to himself. It all started in his “unreasonable reasoning” he issued in November last year.
It’s just unfortunate that another person dragged into the controversy is now being blamed.
…All the more I don’t pity him and he deserves ostracism.
baycas says
Just to reiterate my point…
(This is the last section of my Comment No. 99 with editing and highlights.)