Inside Philippine politics & beyond

Frank off-the-record words from the US envoy in Manila to the foreign media

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By Raïssa Robles

Halo-Halo2-webNow that it’s officially summer, what better time to revive “Halo-Halo”, my gossip column about everything and anything.

First off, the Foreign Correspondents Association of the Philippines (FOCAP) had an unexpected invitation from US Ambassador Philip Goldberg to see him and his embassy staff for cocktails last Thursday.

I must say, I did not expect Goldberg to place everything off-the-record. I guess I had been spoiled by previous invites from the ambassadors of France and even from China before (notably Ambassador Liu Jianchiao) who has long been transferred to Indonesia.

Since I can’t talk about what Ambassador Goldberg told us, let me share my first impression of him. He’s a thin, wiry man, shorter than the average white male American. I mean, he’s just a few inches taller than I am and I’m shorter than the average Filipino.

While he was talking I was wondering why he reminded me of someone else. And then it hit me. He looked like one of my dad’s favorite TV characters – Eliot Ness in the Untouchables, played by actor Robert Stack.

Here’s the ambassador, together with FOCAP colleague Aricel Saludo-Garcia of Fuji Television.

And here’s Robert Stack.

From what he told us about his activities in the Philippines, Goldberg seems to pack a lot of energy.

I wished though that I had done more homework on the ambassador before the cocktails since he has such an interesting background, as pointed out to me by Joshua Young @josh4everyoung on Twitter. I could have asked him some naughty questions.

In 2008, Goldberg was sent packing by Bolivian President Evo Morales for allegedly “fomenting civil unrest” there. Goldberg is fluent in Spanish.

Then for two years, the career envoy sat it out in Washington as the Department of State Assistant Secretary for Intelligence and Research before being sent to Manila.

Now, he’s in Manila in the middle of a noisy political transition from one administration to the next. Good timing.

Here’s a short video I took of our cocktails just as Goldberg announced he was placing everything off-the-record. The tall man beside him is Kurt Hoyer, the US embassy information officer.

♦  ♦  ♦  ♦

I am fascinatedly watching the deadlock in Makati between the acting Mayor Romulo “Kid” Peña and the elected but suspended Mayor Erwin “Junjun” Binay. The latest news is that the employees of Makati donned black shirts last Friday to protest the situation.

If the Court of Appeals or the Supreme Court does not come to Binay’s rescue, in 11 days’ time the loyalty of the Makati city hall employees will be sorely tested.

A long public holiday is coming up and employees will need to get their salaries to enjoy the long Holy Week break. If the former Makati Vice Mayor Ernesto Mercado is right, city hall employees’ salaries are still disbursed in cash and not sent electronically to their ATMs.

Unfortunately for Mayor Binay, the Department of Interior and Local Governments is trying to make sure he won’t have access to cash. The DILG has already told the Land Bank not to honor Binay’s signature for any disbursements.

If the acting Mayor Kid Peña announces that the salaries would be made available at the old Makati City Hall where he is now holding office, what would the protesting employees do? Troop to where Pena is holding office?

Or mark Holy Week in the new city hall?

And if the courts don’t come to Binay’s rescue, the young mayor faces the prospect of spending Holy Week in his office.

♦  ♦  ♦  ♦

As for Mayor Binay showing the media that he sleeps on a sofa inside his office, reporters, please ask him to show you the secret bedroom of his office inside the new Makati City Hall building.

His father, Vice-President Jejomar Binay, told me in a 2010 interview he had a bedroom installed there, too.

Here is the pertinent excerpt from my interview with the elder Binay:

Me: Sir, tatanugnin ko sa inyo, a. Huwag kayong magagalit. A long time ago actually, you showed me the room of Yabut (the mayor of Makati just before VP Binay).

Binay: Ah, when we had that new building so I had to leave that place.

Me: So yung office nyo ba, Sir, may nagtatanong, meron pa bang bedroom sa office nyo?

Binay: Meron siyempre.

Me: Meron pa?

Binay: Hanggang ngayon yung bago kong opisina may bedroom.

Me: Doon kayo natutulog?

Binay: Pagka nandoon ako. Tanghalian. The only time I think I slept there nighttime was when we were under siege. 2006.

Me: 87?

Binay: No. 2006 yata.

You can listen to that excerpt of the interview by clicking here.

♦  ♦  ♦  ♦

What also intrigues me about the Makati City Hall standoff is the total absence of protesters waving red banners of, you know, the left-wing affiliates.

It would seem that even they have distanced themselves from the Binay family.

Comments

    • “Data from the Bangko Sentral ng Pilipinas showed that the country’s external debt-to-GDP significantly decreased from 44.5 percent in 2007 to 27.3 percent by the end of 2014.”

      On February 10, 2014 at 7:18 PM I posted at “Stopping the Marcoses from erasing their crimes from history.”

      103
      Rene-Ipil says:
      February 10, 2014 at 7:18 pm
      The debt to GDP (gross domestic product) ratio indicates the size of our debt in relation to the total value of goods and services produced in our country. Below is the debt to GDP ratio from Marcos to PNoy government.

      1965 – 40%
      1986 – 90%
      1992 – 50%
      1998 – 50%
      2001 – 55%
      2010 – 45%
      2012 – 40%

      The table shows that Marcos started his term in 1965 with 40% debt to GDP ratio. Meaning that for every 4 pesos of debt the country produced 10 pesos worth of goods and services. In 1986 when Marcos left, the ratio leaped to 90%. When Cory finished her term, it settled to 50%. Meaning that maybe Cory paid much of the debt and at the same time improved our economy. Ramos did not increase or decrease the ratio. ERAP had less achievement in the debt to GDP ratio with 55%. GMA improved it to 45%. Presently PNoy has lowered the debt to GDP ratio to 40% which is the same as when Marcos became president in 1965.

      It appears that Marcos incurred so much debt but instead of using the fund to improve the economy, he pocketed a large chunk of it. This spells the difference between Marcos and the other presidents insofar as the treatment of our debt is concerned.

      MARCOS PA RIN ang Hari ng mga magnanakaw.

      http://raissarobles.com/2014/02/09/stopping-the-marcoses-from-erasing-their-crimes-from-history/comment-page-3/#comment-131161

    • Philstar said:

      “Data from the Bangko Sentral ng Pilipinas showed that the country’s external debt-to-GDP significantly decreased from 44.5 percent in 2007 to 27.3 percent by the end of 2014.”

      The debt to GDP (gross domestic product) ratio indicates the size of our debt in relation to the total value of goods and services produced in our country. Below is the debt to GDP ratio from Marcos to PNoy government.

      1965 – 40%
      1986 – 90%
      1992 – 50%
      1998 – 50%
      2001 – 55%
      2010 – 45%
      2014 – 27%

      The table shows that Marcos started his term in 1965 with 40% debt to GDP ratio. Meaning that for every 4 pesos of debt the country produced 10 pesos worth of goods and services. In 1986 when Marcos left, the ratio leaped to 90%. When Cory finished her term, it settled to 50%. Meaning that maybe Cory paid much of the debt and at the same time improved our economy. Ramos did not increase or decrease the ratio. ERAP had less achievement in the debt to GDP ratio with 55%. GMA improved it to 45%. Presently PNoy has lowered the debt to GDP ratio to 27% which is much lower than when Marcos became president in 1965.

      • pakiusap dun sa marunong ng tagalog at nag economics. maaari po bang itagalog at ipaliwanag ang kumento na ito. bakit po ba mahusay na mababa and “debt to GDP ratio”. ano ba itong ratio na ito at bakit po magaling ito sa mga mahihirap. maraming salamat po.

        • Subukan natin kung mali me magsasabi naman.

          Yan ay utang natin sa mga banko at iba pa sa labas ng bansa na nanginhibabaw(numerator) sa laki ng ating ekonomiya.

          mas mababa Ay nangangahulugan na konte na lang utang natin sa panlabas na pinagmulan, Pero di ibig sabihin nito na ligtas na tayo dahil ang nagpapautang ay dito na sa loob ng bansa.

          Ang budget natin ay 30 % Ang napupunta sa bayad utang, 30 % sa pasweldo at 40 % sa oang gastos. Kung magbago ang konpigurasyon na ito , masaya tayong lahat.

        • salamat kapatid na Karl!
          kailangan sama samang pagpapaliwanag malinaw,kaagad at maikli para
          sapul sa kaisipan at madaling maibahagi.

          Your explanation Karl, ‘could not have said it better…thanks.

        • Dagdag ko lang sa sinabi ni Karl.

          Liliit ang debt-GDP ratio kung ang halaga ng utang ay hindi nagbabago subalit ang GDP o halaga ng mga goods and services – i.e., coco oil and banking – ay palaki nang palaki.

          Ang dahilan kaya tayo nangungutang ay upang mag-produce ng goods and services. Habang lumalaki ang production o nalilikha ay dumarami ang manggagawa o lumalaki ang effort sa pag-gawa nito. Ibig sabihin ay dumarami ang nakikinabang at dumarami ang pakinabang sa parehong halaga ng pagkakautang. Sapagkat yung parte ng kinita ay ginamit sa pagpapalago ng kabuhayan sa halip na mangutang na muli o dagdagan ang utang.

        • sa ganoon, tama pong sabihin na kung yung inutang ay mamapunta talaga sa paglikha ng “goods and services” at hindi sa bulsa ng mga magnanakaw, marami ang magkakaron ng trabaho at makikinabang sa inutang. kung ganoon, mahigit pa sa cake at sa kamiseta and makukuha ng mahihirap. salamat sa inyong sagot.

      • 1986- 90%
        2014-27%
        the stats above if true is very inspiring!
        political genius macoy v.s. weak and average pnoy!
        lampaso ang magnanakaw v.s. matapat.
        so, it isn’t impossible for our Phl to be at par with our asean tigers!
        wow, just wow!
        on the one hand, baka pwede ring malathala rito ang debt/GDP ratio ng ibang bansa sa asia.
        for comparison, mas magiging maliwanag siguro para sa aming mga laymen.

        • According to Wikipedia the debt (external) to GDP ratio:

          Philippines 30 December 2013 est. 32 %
          Vietnam 31 December 2013 est. 32 %
          Indonesia 31 December 2012 est. 28 %
          Malaysia 15 March 2015 63.7 %
          Thailand 31 March 2014 est. 26 %

  2. Bakit kaya may apela na kaagad wala pa namang nalilitis na kaso? At granted pa.
    Di ba ang apela ay sa bandang huli lang?

    • Kailangan nilang rumesbak sa mataas na hukuman, kung nilubos lubos nila baka magulat tayo at dumeretso sa korte suprema.

    • Nice wordings of the Ombudsman. But of course we already know the tenor of those statements from the discussions here at Raissa’s Blog.

      When it rains it pours — On April 13 the continuation of the Pimentel Subcom hearing on Binay (I believe that event is still on); and the next day, April 14 this big event at the SC. Go, go, go Supreme Court. Thanks for the reference, Caliphman.

    • Agree, they have to read up on all decisions, so they can argue the case. talaga dapat grabe ang preparation and research dapat.

    • imo: omb lawyers just let binays’ lawyers & ca justices did their firing till their last bullet. kaya tahimik lang iyong mga omb lawyers during the arguements.

  5. From Maria Resa’s speech at Ateneo Graduating Class 2015 (from Rappler):

    Like Lee Kuan Yew did for Singapore. His death this week marks the end of an era for Southeast Asia.

    The last time I spoke with him, I asked him what advice he would give leaders. He said: “First, don’t try and seek popularity. Popularity is an evanescent, fickle thing. Gain respect. That’s not easy to achieve, and if you don’t misbehave or squander it, it will last.”

    He said, “This modern society, they take straw polls, and they govern according to what the polls show – which way the wind is blowing. I think that’s a disaster. That’s not leadership.”
    ********************************

    I posted this because of “straw polls”… Media always speak of President Aquino’s “lowest populatirty” based on straw polls; based on a questionnaire with 1,200 respondents in a country of aover 100 million people. Or of VP Binay leading the presidential candidates.

    As Lee Kuan Yew said: “governing based on straw polls is a disater; IT IS NOT LEADERSHIP>”

    Think about it.

  6. CA RULED WELL FOR JUSTICE FOR BINAY

    fifty million reasons worked its magic?

    Marahil, sa kabilang buhay na lang tayo
    umasa ng hustisya para sa bayan. Mas matimbang
    sa CA ang justice for bInay.

      • haha.huhu…. Confusion all around, @ karl Garcia

        We completed everything 20 days before deadline… provided payment mechanisms, too…so off we went in far flung Bicol for a much needed respite…

        Horror of horrors, the auditors are in a quandary… they phoned me that the BIR regional offices rejected the manual filing… we had to enroll @ eBIR forms…we told them it’s a good thing we anticipated that and began the process for corporations not yet mandated to to file/pay electronically, so we emailed them the details… minutes after their liaison staffs left the RDO, the BIR issued a RMC (Revenue Memorandum Circular instructing various RDOs to accept manual filing and extending eFiling up to June, 2015…heheh, nice one BIR!

        • Thanks for asking @ karl

          Too busy to indulge in posting here and @ JoeAm’s … so many BIR requirements just to enroll for eFiling and ePayments… considering we handle score of corporations… ouch…hence this late response.

  8. mukhang masyado na akong naguluhan ngayon. sino na ngayon ang mayor sa makati? kasi wala naman akong nababasa that ombudsman requested kid pena to return to his position as vm despite ca ordered government to respect tro.

    how could government respect ca’s tro, na hindi man lang nag inhibit iyong mga justices na puro PERA lta. garapalan na talaga ang labanan. how could ca utter such word RESPECT?

    • I just lifted this from Inquirer comments by @Ed Celis, a nice write and it hits at the center.
      Link http://newsinfo.inquirer.net/683883/ombudsman-to-seek-sc-ruling-on-junjun-binays-suspension

      The People must be VIGILANT with the Politically Biased Judiciary!!!
      10 out of the 15 Justices of the Supreme Court were appointed by Gloria Arroyo…That’s why Binay is openly siding with Arroyo now and even recommended her to be put on house arrest.. trying to gain support of the Justices.. Looking back, most ruling of the Supreme Court were against the Aquino’s administration in combating Corruption. Binay immediately run to the Supreme to stop AMLC looking to his bank records.. I bet you these Justices will rule again in favor of Binay… They ruled in favor of a Convicted Criminal to run the government of Manila… The fight on corruption has just begun with Pres. Aquino’s term, the plague of institutionalized corruption for a half century in our country, cannot be eliminated in six years especially when many corrupt officials with billions of stolen taxpayers money are still around. These groups with their combined stolen billions is very powerful to influence the mass media, paid survey, the voters and their supporters, the SUV bishops, corrupt Judges and many more that money can buy, to bring down a President who is not a thief.. The Justices of the Supreme Court have ruled in favor of a CONVICTED CRIMINAL to run the government of Manila. Their ruling has set a precedent to all the Judges in the entire country that it is MORAL and JUST for a CRIMINAL to run a government of a country. An ordinary citizen need a police clearance and NBI clearance to get accepted for a job. How can the government eliminate corruption, criminality, injustice, inequality and poverty IF the highest court of the land Stop an independent body of the government from investigating a Corrupt government Official..??? Is the Judiciary Branch of the government now a Political institution??? Is the Supreme Court of the land poised to LEGALIZE CORRUPTION by ruling in favor of a Convicted Plunderer and protecting corrupt officials from being investigated??? Will this ruling be a part of the educational system as it is written that the students will emulate??? Where is the principle behind Public Office as Public Trust in the Constitution? How can we explain this to the children of the future, may God forbid, that someday Criminals will run the country??? May God help and save the Philippines and its People…
      Former President Joseph Estrada Pardoned By Gloria Macapagal Arroyo
      Downloadable MP3 of Grant of Executive Clemency (Pardon)

      TRANSCRIPT:

      Whereas this administration has a policy of releasing prisoners who have reached the age of 70,

      Whereas Joseph Ejercito Estrada has been under detention for six and a half years,

      Whereas Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or public office,

      In view hereof, and pursuant to the authority conferred upon me by the Constitution, I hereby grant executive clemency to Joseph Ejercito Estrada, convicted of plunder by the Sandiganbayan and imposed the penalty of reclusion perpetua.

      He is hereby restored to his civil and political rights. The forfeitures imposed by the Sandiganbayan remain in force and in full, including all writs and processes issued by the Sandiganbayan in pursuance hereof, except for the bank accounts he owned before his tenure as President.

      Upon acceptance of this pardon by Joseph Ejercito Estrada, this pardon shall take effect. Given under my hand, at the City of Manila, this 25th day of October, in the year of our Lord, 2007.

      Signed,
      Gloria M. Arroyo

      Attested,
      Ignacio R. Bunye,
      Acting Executive Secretary.

      P.s. Whereas Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or public office,

      The Supreme Court mislead the people………………G. Arroyo signed as it was written.

      • I believe CJ Lourdes Sereno has no teeth to enforce her power of position to effectively implement the necessary changes in the judiciary department as she is overpowered by the Arroyo appointees. Carpio is the power behind the throne of CJ, whatever he says, goes. Sereno just follows Carpio’s dictum. They are fully aware of the scene behind the CA decisions favoring Binays. They are out to trample PNoy’s desire to get rid of corruption. We have to rally to change / amend the constitution to make it harsher to punish the executive, legislative and judiciary who indulge in corruption The qualifications should also include the values and virtues of the right candidates.

        • i agree @letlet. higher qualifications on moral values and integrity aside from genuine educational/academic records. blood test results should be free from corrupt, criminal and other contiguous virus.

        • Majority votes rule there, I think. We just have to wait until the GMA appointees retire.

        • and he Binay appointees take over (because it seems it is a given that our next President is a Binay…)

          so sad…

      • What I can’t understand is, despite Estrada’s condition of pardon as:

        “Whereas Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or public office,”

        why did SC uphold Estrada’s election as Mayor of Manila and quashed Alfredo Lim’s complaint contesting Estrada’s candidacy on the basis of the above “whereas”?

        From my little knowledge of law, I know

        During his presidency, Estrada coined the term “hoodlums in robes” referring to justices who “bullied” in penning their decisions. I wonder how Estrada now calls those SC justices who sided with him.

        There is another “whereas” which may be invoked in the case of Senator Enrile in the event he is found guilty of plunder: “Whereas this administration has a policy of releasing prisoners who have reached the age of 70,”

        I hope this “whereas” won’t motivate seventy-ish members of the judiciary, congress and executive department to commit crime against the nation’s treasury.

  9. http://www.gmanetwork.com/news/story/465114/news/nation/ca-suspension-order-vs-junjun-binay-on-hold-indefinitely

    If one really understands whats going on, its pretty clear that the CA judges are skating on thin ice. I need to get a hold of the official CA release but if gma is accurate in its reporting.! Their basis for issuing the original TRO according to them was to give time for the CA judges to determine the propriety of issuing a TRO. OMG Rofl! It seems they are not even contesting the validity of the OMB suspendion burden for any reason including condonation which was Certenzas main argument. So forgrt Capulong and all the related evidence related SC cases and Samaniego/Parungao and Rules of Procedure 7 should be the basis of conention.

    • “Validity of the OMB suspension order for any reason” sorry for the horrible editing.

    • ‘Injunction’ pa lang para lang bumalik sa status quo bago ang, in the CA’s word, ‘controversial’ suspension. Preservation of rights at iba pang dahilan for TRO and injunction ang pinag-uusapan.

      Nasa merits of the case ka na, @caliphman.

      It’s obvious the CA sided with Binay as the CA 6th Division decided that Binay is entitled to the injunction. Ang nakatatakot lang ay INDEFINITE kasi…Biding time…for CA and Binay camp. As I mentioned earlier…”just delaying the inevitable.”

      But is Binay clearly entitled to the injunction???

      The OMB for sure will ask the SC to review such grant of injunction…

      • May news na pala ukol dito…

        It said the high court “should, once and for all, settle the constitutional and legal issues” regarding questions over the appeals court authority to stop the Ombudsman from preventively suspending an elected public official “facing grave administrative charges.”

        “The Ombudsman is unfazed by the CA resolution,” the Ombudsman said.

        “Over and above the constitutional and legal issues, this is a matter involving the people’s desire to know the truth in cases involving corruption and public accountability,” it added.

        It said Ombudsman Conchita Carpio-Morales “stands by her authority to place Mayor Binay under preventive suspension.”

        “Such legal measure is intended to prevent a public official from using the vast powers of his office to tamper with evidence and harass witnesses in order to thwart the investigation of corruption charges,” the antigraft body said.

        It added: “Without such authority, any corruption investigation conducted by the (Ombudsman) would be delayed and seriously obstructed.” SFM/AC

        Read more: http://newsinfo.inquirer.net/683883/ombudsman-to-seek-sc-ruling-on-junjun-binays-suspension

        • Baycas, do not focus on the indefinite duration of the new tro ( i seem to recall that ca was limited to 60 days according to the rules of procedure though) or anything else thats not really a central issue like the issue of whether the CA can override an OMB decision ( of course they can if its not a criminal case but if its a penalty suspension, its immefiate and executory). To me what is important is whether the preventive suspension order was being TROed and on what grounds. What should be controlling is the Rules of Procedure section 9 on preventive suspensions where the relevant caveat is that ther should be strong evudence supporting the order. This was the basis of the Capulong case being decided in favor of the CA who TROed the his suspension order because of lack of evidence. You yourself gave the link to 2013 SC decision affirming the CA. In this case Binay case, the CA now is clarifying that their original TRO was really a status quo ex ante and blah blah blah with Binay still mayor but the key thing is it is not supported by addressing a problem with the OMB suspension order like lack of strong evidence. Instead they completely ignore the OMB Rules of Procedure which implements RA 6770 Section 24 which in turn is grounded in the 1987 Philippine Constitution. The basis for the CA being appealable by respondents charged in OMB is Rules of Court 43 which per the Samaniego case is trumped by the Rules of Procedure.

          So the basis of the old TRO now status quo ex ante preliminary injunction is ummm nothing else but to give these renowned CA judges time to figure out if they have a basis for issuing this new TRO which again fails to address Section 24 of RA 6770 and Rules of Procedure Section 19. So is it any wonder that the OMB or Sec. Lim is just ignoring the original and new TRO’s of these learned CA judges? LMAO

      • @caliphman,

        Mahaba ang proseso…at alam ng mga Binay ‘yan.

        Paaabutin nila hanggang halalan.

        Kailangan lang tutukan…

        Nang ‘wag magkalimutan.

      • @ baycas,

        “It’s obvious the CA sided with Binay as the CA 6th Division decided that Binay is entitled to the injunction. Ang nakatatakot lang ay INDEFINITE kasi…Biding time…for CA and Binay camp. As I mentioned earlier…”just delaying the inevitable.”

        But is Binay clearly entitled to the injunction???”

        Some comments stated in PDI article’s today regarding CA’s decision, clearly say emphatically that CA = CASH ADVANCE…… I believe this meaning…….And one comment states too several suggestions like ostracize the CA’s families if you know them personally.

        Di kaya si NOGNOG ay nasunog nang talagang sa kanyang ambisyong maging PANGGULO ng ating inang bayan…Kaawawa naman ang susunod na henerasyon sa atin…..Ako ayokong umalis sa atin pero kapag ganito nang ganito mapipilitan akong tanggapin ang alok ng aking anak sa abroad na doon tumira.

      • Baycas, whether entitled or not to an injunction is the wrong question to ask. Whether the DILG, Lima, the Ombudsman, Pena or the SC will pay heed to it is more relevant. Except for the SC who will make the ultimate rulings, they have ignored the first injunction and have now announced they will also ignore the second. And for good legal cause. I really dont care if the CA said the TRO wax for a thousand years as it has no standing. It will last until the SC strikes it down and it should be struck down as it encroaches on the powers and procedures conferred to the Ombudsman laid out in the law and the constitution. Its unfortunate the SC did not grant the OMB’s petition to bar the CA from delaying its investigation, part of the process of which the preventive suspension of Binay to preserve evidence still control of the mayors office. But it did not and maybe for good reason, so that the SC can finally rule that “interlocutary” preventive suspensions ordered by the Ombudsman are or are not immediate and executory like its decisions as established in the Samaniego case. Hopefully, the continuing chaos in Makati will induce the SC come out with its decisions sooner than latenr.

        • But mind you, the OMB must challenge the present situation (presence of a writ of preliminary injunction thereby tying their hands) and they will do so with a possible MR to the CA or seek remedy directly from the SC.

          We must also be reminded that contemptuous charges were lodged against the triumvirate (Carpio-Morales, de Lima, and Roxas). If need be, they will continue to disobey the CA…but how will this preserve institutional integrity by acting defiant? All they have to do is to submit themselves to the Rule of Law as they are espousing Binay to do the same in obeying the suspension order posted on the wall of the hall.

          It’s a battle between lawyers…of course, as in boxing, I am rooting for the perceived good guys. Nonetheless, good or bad, both must OVERTLY play within the bounds of the law.

          I’ll check in a few hours if there’s something going on at the Supreme Court…

          I’d rather wait for the sound judgment of the SC…

        • This will not sit well to some, if not most, but I sometimes believe in…

          “Good things may come to those who wait.”

          Ito pa…

          “The first will be the last.”

          May all the good things outlast my lifetime.

          Sign off for now…

          Tons of work post-vacation.

        • I see things very different from you in this regard, baycas. The rule of law in this case is what the
          SC says the Law is. Whether any of the preliminary injunctions issued by the CA is legal or binding on the OMB or is not legal is in dispute. They do not think so whether or not anyone including you believes it or not. It is the OMB’s decisions to suspend that is immediate and executory as affirmed by the SC, and hopefully soon to be followed by preventive suspensions in the course of investigations as the OMB has petitioned. The CA injunctions are not legal, immediate, and executory since the OMB has appealed and the SC has agreed to rule on the appeal. In the meanwhile, one is free to discuss the merits of the case as I have done or one is free not to discuss it and just sit on the sidelines until the SC makes their rulings. I believe from the great length of time we both have shared this blogsite that several here have the mental capacity and intellectual integrity to follow and contribute to discussions of very complex and ambiguous issues facing this country. You are one of them.

        • Caliphman,

          May I add the following note.

          PHILIPPINE DEMOCRACY AND JUDICIARY AT RISK

          As a non-lawyer, I pose the following: suppose the Ombudsman (and through it, the DILG as its implementation arm) defies the SQAO of the CA in favor of Binay, for what the Ombudsman strongly deems as justifiable legal reasons, especially since the present Ombudsman came from the SC herself and she is not a penny ante lawyer.

          Then the risk of chaos is real. I believe, there are already some virtual sparks which can fuel ensuing events. The situation may explode into something unforseen.

          The key, to my mind, before such situation comes to past, is for the SC to treat this SINGULAR event in a “non-business-as-usual” way. That is, short-circuit the whole process: call the CA and Ombudsman and require them to make oral arguments and submit their corresponding written arguments ASAP. And rule decisively.

        • What makes you think thats not the SC process? If you read the last sentence of my post 186.2.4 then you are just repeating what I was hoping for…and if you check my 189 which I just posted, they might have just read it! Hehehe

        • On your previous thoughts on the matter which I echoed, I plead guilty by virtue of “retiree moment.” (Reminds me of the anecdote of an old husband calling the wife — darling where am I and why am I here?)

          On the new post, you are much too fast for me. I will read the reference. Thanks.

          The heart of my note above is the short para:

          Then the risk of chaos is real. I believe, there are already some virtual sparks which can fuel ensuing events. The situation may explode into something unforeseen.

          Glad to read your continuing comments concerning the subject. More power to you.

        • ASAP should be “TODAY” and NOT April 14. Sa Baguio City pa.

          If the SC justices read the post of Caliphman at 1:40 PM today, they should have conducted the oral argument when they started the session at 2 PM and rule Immediately to stop chaos in Makati City.

          I think the Supreme Court is TAXING the patience of OMB Morales too much.

          If I were in the shoes of OMB Morales, I would wait till April 14 and do a decisive move in the event of a Supreme Court decision in favor of corruption.

        • “It is the OMB’s decisions to suspend that is immediate and executory as affirmed by the SC x x x.”

          ONLY the provisionary orders of the OMB, i.e. order of preventive suspension, are immediate and executory even when an MR has been filed on time. Decisions are executory after five days sans any MR.

          “Section 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory.

          “A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice x x x.”

  10. Binay wins status quo on ruling of CA

    Death blow of my respect for CA’s decisions….

    It means that public officials can be corrupt as long as they can get a TRO from the CA against the Ombudsman.

    This clips the power of the Ombudsman, making it a paper investigative commission against corruption, no teeth.

    It also allows for the template of the hakot crowds to rule instead.

    BFD

    • i too, have lost faith in our justice system. i still wanted to give them the benefit of the doubt and i had been praying this lenten season that our CA Justices would finally get to their senses. makonsensiya sana sila. Nakakalungkot. Mas malakas talaga ang tawag ng PERA kaysa kanilang Konsensiya. Wala na, IIlan lang ang merong konsensiya sa SC natin. Mananaig pa rin ang impluwensiya ng mga maiitim ang budhi diyan.

  11. Binay wins ‘status quo’ ruling from CA

    ” The Court of Appeals (CA) has ordered government officials to respect the “status quo” prior to the suspension of Makati Mayor Jejomar Erwin Binay.

    In a resolution issued on Monday, the sixth division of the appellate court granted Binay’s appeal for a writ of preliminary injunction after
    issuing last March 16 a temporary halt order to give time to study the full merits of the case.

    The resolution says the injunction enjoins “respondents Office of the Ombudsman and the DILG [Department of Interior and Local Government] and their agents… from enforcing the joint order dated March 10 and to respect and preserve the status quo before the issuance of the aforesaid order.”

    The CA also ordered Binay to post a bond amounting to P500,000 “which shall answer for whatever damages which may be sustained by reason of the preliminary injunction in the event that it is finally decided that petitioner is not entitled thereto.”
    http://mobile.abs-cbnnews.com/nation/metro-manila/04/06/15/binay-wins-status-quo-ruling-ca/

    Result of the failure of the deputy OMB to argue the case & to cite proper decisions to contradict those cited by peralta plus the binays connection offcouse.
    Our only hope is the SC, hope that the SC will save our country.
    So sad that the state of our judiciary has come to this point.

      • Well it looks like the CA is faster than the SC on this. Even the SC requested them to comment by April 05. They decided to give their decision on the TRO. This means that the SC is actually useless and we should scrap them for not being able to make decisions as fast as the CA. Now we really know who is working and who is not. Heheheheh

      • CONSUMMATUM EST. The CA 6th Division justices had already performed their obligation. Time to enjoy. Problema na ngayon ni Binay ang Supreme Court.

    • Binays are hoping for a FINAL injunction.

      (Read remediallawdoctrines.blogspot.com/2011/06/provisional-remedies-preliminary.html )

      Will they get it in the end when the CA already tried the merits of Binay’s case?

      Or…will the SC negatively tweak some of their early triumphs?

    • (My longer comment won’t make it past Akismet.)

      Anyway, it’s not yet a “final injunction.”

      • Well the SC can say that since the decision is already given by the CA the case is now moot. That is the easy way out by the SC.

        • I ‘m afraid that’s what the SC will do. Rightly so as this case is a battle of “status quo” where rich and powerful politicians like the Binays are hell-bent on preserving their long political dominion – whatever the cost! And there are only a few upright justices who can stand up to their despicable chicaneries to stay in power.

    • The CA decision is quite expected. It has to save its face or it will not be taken seriously if it appears contradictory. The real fight is at the SC so wait for the breaking news this week once the court deliberates after reading the arguments. The key question is whether the OMB abused its discretion in suspending Jun Jun.

    • Sharing my thoughts only . . . with waray waray@ –

      -the highlighted abs-cbnnews reports: ‘ “[T]he status quo could not be that were petitioner (Binay) was preventively suspended since the suspension did not precede the present controversy; it is the controversy,” the CA resolution read.’

      – ‘the suspension did not precede the present controversy: it is the controversy. The resolution read.’ – The news report.

      – Appear that the CA emphasized – ‘the controversy – the whole controversy.’ This is getting away from what ‘was the STATUS QUO’ at the time the OMB order of suspension was. Like: which came into being first – the EGG or the CHICKEN.

      In the case of DOLMAR REAL ESTATE DEVELOPMENT CORPORATION, MARIANO K. TAN, SR., MARIANO JOHN L. TAN, JR. and PHILIP L. TAN, Petitioners, -vs-
      COURT OF APPEALS, FIFTH DIVISION, REGIONAL TRIAL COURT, BRANCH 211, MANDALUYONG CITY, and SPOUSES PHILIP & NANCY YOUNG,
      Respondents.
      G.R. No. 172990, Feb. 27, 2008,

      the SC said:
      “For grave abuse of discretion to exist as a valid ground for the nullification of the grant or denial of the injunctive writ , as contemplated by Rule 65 of the 1997 Rules of Civil Procedure , as amended, there must be capricious and whimsical exercise of judgment as is equivalent to lack or excess of jurisdiction, or where the power is exercised in an arbitrary manner by reason of passion, prejudice or personal hostility, and it must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law.

      Was there a ‘proper basis’ for the CA resolution? The SC in Dolmar case, citing United Coconut Planters Bank v. United Alloy Philippines Corporation, said –

      – ‘ x x x, the Resolution issued below was merely interlocutory, not a final resolution or decision disposing of the case. It was based on a preliminary determination of the status quo and petitioner’s entitlement to the Writ.’

      There are two (2) Orders now: the OMB suspension order not exceeding 6 months and the CA TRO order. How long is the CA TRO? Which is now the interlocutory order between the two (2) orders?

      To answer the question given above, will help to answer what or which was the STATUS QUO?

      – the controversy of the OMB suspension order of 6 months on Mayor Binay or the CA TRO after the suspension order was implemented?

      Why would the CA emphasize, as news reported, – “[T]he status quo could not be that were petitioner (Binay) was preventively suspended since the suspension did not precede the present controversy; it is the controversy,” the CA resolution read.”?

      The CA resolution does, as news reported, say: – The status quo could not be the the preventive suspension since such suspension did not precede the present controversy. In short, the whole idea of Mayor Binay’s being the elected City Mayor is the whole controversy as far the CA resolution is understood, as news reported.

      In short, inutile will be the idea of any OMB suspension order under the authority of law granting it to the Ombudsman because the ‘specific time element’ for status quo is at all times disregarded as illustrated in the CA resolution.

      The CA resolution, to my mind, was unjustifiably and without legal basis stretched too far like a rubber band, for determining a wrong time-element of status quo in Mayor Binay’s case.

      For all intents and legal effects/purposes, the OMB actions on suspensions of public officials become inutile.

      Thanks to waray waray@ again here.

  12. The Philippine Daily Inquirer asked netizens:

    What is the best way to resolve the Makati standoff?

    Supreme Court to decide 44.16% (5,906 votes)
    Junjun Binay to give way 35.16% (4,702 votes)
    Court of Appeals to rescind TRO 15.46% (2,067 votes)
    Kid Pena to give way 2.71% (362 votes)
    Ombudsman to rescind suspension order 2.51% (336 votes)

    Total Votes: 13,373

        • That is, if ‘The Kid’s patrons’ will defy the latest CA decision (writ of preliminary injunction).

          The merits of Binay’s case will now be tried at the CA. Binay hopes for a final injunction.

          As to the SC, still a wait and see.

      • Wala ng kompromiso ang CA justices. Bahala na ngayon ang Supreme Court. Meron pang 15 days ang OMB to file a motion for reconsideration sa CA. Hopefully the SC rules within 15 days. Otherwise the OMB must file an MR before the CA. If denied by CA the OMB can go to SC and file petition for certiorari under rule 65 for grave abuse of discretion by CA with application for a TRO. Meantime continue with the hearing on the administrative complaint in the OMB and dismiss Binay as mayor.

        Continue also with the preliminary investigation on the criminal case where Binay may be indicted in the Sandiganbayan for non-bailable crime. See Binay in jail.

        • Rene-Ipil,

          Your scenario may happen. There is the question of time elements I am curious about:

          T0 — Today, April 6

          T1 = 15th day from Apr 6 — Assume the SC does not rule against CA just yet within 15 days; Omb files MR with CA

          T2 — CA denies MR of Omb

          T3 — Omb files petition for cerioari with SC against CA for grave abuse of discretion and applies for associated TRO (T2 may be proximate to T3 since Omb can anticipate CA action.)

          T4 — SC gives CA time to respond to Omb petition

          T5 — CA and Omb appears before the SC

          T6 — SC rules.

          QUESTION: Will date T6 be within our lifetime (at least my lifetime; I am 76.5 years old)? Just joking on the “lifetime” thing, but any idea on T6? Is it plausible to expect T6 within 2 months? Of course the ideal is for the SC to rule in 15 days.

        • Manung Jusip predicts a May 10, 2016 date for the final CA and SC rulings when the literal condonation of the electorate will set in.

          Though pending proclamation, Junjun by then will be prince to King Jejomar.

        • That day, possibly, may be ominous for people with ailing hearts and/or uncontrolled hypertension.

        • @baycas, for those with sluggish heart, on the contrary, it will make the heart wake up and beat faster — just what the doctor orders. Ask JoeAm. Hahaha!

        • Let the SC rule in its own time. But I am hopeful that the SC would reverse the CA. I am more concerned now in seeing Binay dismissed as mayor and jailed. Please take note that the CA did not stop the OMB from investigating Binay to its conclusion.

          IMO Binay would be dismissed as mayor and indicted before the Sandiganbayan in less than two months. And a new battle for TRO would then ensue in the CA for the admin case and the SB and SC for the criminal case.

        • Exciting times, Rene-Ipil. Contrary to what @baycas note immediately above, for some — those with sluggish heart — the excitement is what the doctor orders; will make the heart wake up and beat faster. Hahaha.

        • Excitement during sexcercise, maybe.

          Excitement for a win then sudden loss, detrimental.

        • OUR LAST LINE OF DEFENSE IS THE SUPREME COURT. If the actions of Binay and the CA prevail via SC agreeing with the CA or indefinitely let the situation unresolved, then I would add to what I posted earlier,

          Bobotantes — subject and succumb to money incentive and promises

          SC Justices — subject and succumb to incentives of various forms and promises

          the following conclusion:

          SC = Bobotantes

          ONE IS NOT SUPERIOR TO THE OTHER IMO.

        • How about…

          Government executives, legislators, and the rest of the people in the Judiciary?

          Private individuals with conflict of interests?

          They can all be ‘subjected’ and they can all ‘succumb.’

  13. SUPREME COURT AND THE WHOLE OF PHILIPPINE JUDICIARY IS BEING TRIED TODAY

    Ano mang desisyon na ibigay nila ngayon ay magsisilbing ikauunlad o ikababagsak ng Pilipinas sa ano mang kaunlarang meron ito ngayon.
    Kung papaboran nila ang Ombudsman, palalakasin nila ang mga institutions na itinalaga laban sa korapsyon at bibigyan nila ng ibayong pagasa ang susunod pang henerasyon na Pilipino sa paggawa ng tunay na malaya at maunlad na Pilipinas.
    Kung pipigilan nila ang Ombudsman sa pagsunod nito sa Constitution laban sa mga tiwaling opisyal, malungkot dahil sa ginawa ang Ombudsman upang magkaroon ang bayan ng pag-asang kayang labanan ang korapsyon na nagpahirap sa Pilipinas ng ilang dekada.

    Nasa kanila kung papano sila huhusgahan ng bayan…

  14. ABS-CBN NEWS.COM — Satisfaction with PNoy hits record low: SWS survey of March 20-23, 2015 with 1200 respondents

    My comment: with the resignation call attested to by this survey (and the previous one by Pulse Asia) — with 50% disagreeing, 32% agreeing, and 18% undecided — the strategy of the critics and paid hacks will have to shift from one of resignation to another direction. Even the wannabes will have to retool.

    Interestingly the NTC of Tatad and Arguelles who among other groups spearheaded the call for resignation has not been heard from lately.

    • Not enough apologists at work. Victimhood is very popular in the Philippines these days. I don’t need no President Aquino apology to make me happy with his leadership, and the rise of the Philippines.

      Now the Court of Appeals, I’d like to whack them upside the head with my wife’s wok.

    • NTC is hard pressed to rejoice with the SWS survey results because they have attacked it along with Pulse Asia as being “conscripted” to serve Aquino. So now that the results do not favor Aquino, how can they maintain their integrity if they cite SWS and Pulse Asia results as accurate and reliable?

      They are now trying to transform themselves first, before attempting to transform the country. LOL

    • Satisfaction rating low
      – a Mamasapano incident reflection

      Resignation disagreement high
      – a resounding ‘No’ to Binay ascension

      • Satisfaction rating low
        – a Mamasapano incident reflection

        Resignation disagreement high
        – Maraming nagawang mabuti ang Aquino administration. Isang blunder lang ang Mamasapano. Every outstanding player commits blunder sometimes. Yes, it is also a ‘No’ to Binay ascension.