By Raïssa Robles
Critics of the Bangsamoro Basic Law are thinking up all excuses to stop its passage.
The latest one is the funniest.
Congressman Karlo Nograles demanded to know yesterday whether Moro Islamic Liberation Front (MILF) chief negotiator Mohagher Iqbal has been using an alias in his passport. Nograles even warned that the use of aliases is in violation of two laws, one of which bars anyone from using pseudonyms in official documents.
If Congressman Nograles persists in pursuing this argument, then he should also question whether Senator Jinggoy Estrada signs official Senate resolutions, committee reports and proposed laws under a false name. Senator Jinggoy’s real name is José Pimentel Ejército, Jr. But he uses “Jinggoy” – his nickname and screen name – on official documents. Has he legally changed his name or merely registered this with the Comelec for campaign purposes?
See the sample of Sen. Jinggoy’s signature below:
Or take the case of Jinggoy’s father, former president Erap Estrada, who uses the name “Joseph Ejercito Estrada” and signs official documents using that monicker. His real name is Jose Marcelo Ejercito.
The violation is worse in his case because his false name is engraved on the paper money issued during his presidency. A stranger looking at his signature on our legal tender would probably conclude that Erap’s father’s surname was Estrada:
What I’m trying to say is this. Find something more serious and more relevant to charge Iqbal with.
Rebellion perhaps.
But Iqbal has never denied that the MILF, to which he belongs, is a rebel movement.
However, if Nograles is going to pursue this line of questioning he should also question the father and son tandem of Jinggoy and Erap.
♦ ♦ ♦
Congressman Nograles’ line of questioning made me curious to see how he thinks. What kind of laws he has proposed.
It turns out that the first law he proposed as lawmaker is the Right of Reply to any person accused of committing or even intending to commit any crime , “or are criticized by innuendo, suggestion or rumor for any lapse in behavior in public or private life shall have the right to reply to charges or criticisms published or printed” including on websites such as this one.
Under his bill, publication of the reply does not protect the publisher, editor-in-chief or owner from any lawsuit that may be filed for publishing “erroneous news”. The bill does not however provide for an independent body to determine whether the news was really erroneous. Nor does it fine any person who was the source of that “erroneous news”.
Even without waiting for his Reight of Reply to be passed I am inviting Cong. Karlo to reply to this piece.
You can read his proposed Right of Reply bill below:
♦ ♦ ♦
Another Karlo Nograles bill will in effect justify extra-judicial killings in “areas of conflict or combat zones.” Hmmm.
At first I thought it was a pro-human rights bill until I read Section 5. It states in a contorted way that any public officer, person in authority or agent of a person in authority can no longer be accused of administrative negligence “if there is an increase in the number of extrajudicial killing or salvaging in his area of responsibility” once his area has been “declared by the government as areas of conflict or combat zones.”
You can read his entire proposed bill below:
kalakala says
out of topic: what happened to the senate’s sergeant -at-arms bat naka wheel chair po sya?
sup says
He did fall of the stairs while hunting down Jun Jun in the Makati parking building……
Hahahaha…i guess you are talking about Atty. Rodolfo Noel S. Quimbo, that’s the one in the wheelchair…ps, the wheelchair is there also to accommodate people like GMA, Revilla sr, Corona and soon more comedians…hehehehe
sup says
Those ”politicians” have no time to make laws…busy using their ”paintbrush” :-)
https://www.youtube.com/watch?v=pyaoye2zplM
Parekoy says
Binay Asssaulted: Demolition Job or Termite Control
What is in a name?
Demolition job
Demolition job is usually meant as demolishing an unwanted structure that is either posing a hazard to the public or an obsolete structure that needs to be replaced with a new one that has an enhanced value and serve the purpose of the current and future needs.
Termite Control
Now that I presented their definitions, we can now present the analogy that both Demolition job and Termite Control are applicable to the Binays.
The alleged demolition jobs started when Binay declared he is going to run for the presidency this 2016. Naturally, the wont of Philippine Politics is to demolish popular contenders! But the case of Binay is unique for the evidence is mounting, fact based, corroborated, and damning!
Consider the Overpriced Makati Public Parking Building as a symbol of corruption and the tower and enclave of termites which poses an alarming edifice that when Binay is elected the whole Philippines, the branches of government and institutions will break down due the spread of the termites of corruption unprecedented since the Republic is founded!
What we are seeing now is that even fellow corrupt politicians are alarmed that when Binay takes over there will be nothing left for them for Binay is the epitome of greed and will hug and hog it all! The public should be wary if the “kapwa magnanakaws” are complaining for the Binays are a different breed, a glutton among the gluttons, the most corrupt among the corrupt!
The termite infestations crept even in the chambers of the CA justices through Binay’s agent Pancho, not the José Doroteo Arango Arámbula-a famous Mexican Revolutionary general, Villaraza – the town of races -the corrupt kind, and now trying to get into the SC chambers as well through their sleeper agent Peralta!
Mercado, the reformed thief or a scorned thief, turned against the Binays not because he wants a better Philippines but he was left with nothing and the Binays did not honor their bargain and violated the most credible agreements in the world-Honor among thieves!
Cayetano, an ambitious young politician from a political dynasty whose allegiance is unto himself and will align with the Filipino people when he finds it convenient, also has his crosshairs on Binay. Cayetanos are not clean as they want us to believe. Corruption in Taguig is not far from Makati’s and their dynasty is one that we should also be concerned about for his family is espousing and perpetuating what our country is trying to get rid of and even spelled in our constitution. Cayetano is selective and we can’t hear a peep about his benefactor, Villar, about the C-5 controversy. For now we welcome Cayetano as an ally but after this the Cayetanos must forego of their dynasty too for it is hypocritical of him hurling accusations against Binays that he is equally guilty of!
Trillanes, the reformed putschist and an ambitious young politician, wants the honor to decapitate and burn the termite mound to advance his future executive agenda. He is one relentless termite killer and I wonder if he a former Orkin employee…Nonetheless, I want him to support his accusations against Binay not only with witnesses but evidence as well for hurling accusations without evidence is so common that it degrades the process of uncovering corruptions thru the dirty process called demolition. What we need is concrete evidence and corroborated by witnesses so that we honor ourselves on the path we chose, the democratic system with genuine justice or we might as well kill the Binays and get rid of all the evidence and be honest with ourselves that we adopted extreme measures to get rid of these criminals who will just buy our justices and promise their collaborators the share of the spoils for the perpetuity of the lording of the Political Dynasty and the Binay brand of Corruption.
So for us citizens, no matter what Binay’s paid lawyers and propagandists artfully created spins to defend their benefactor, we need to continue exerting pressure and combat the creeping infestations for the Binay termites are a different breed, they are genetically altered not only to eat wood but our government institutions and our flesh as well!
Parekoy
04-16-2015
NHerrera says
What we are seeing now is that even fellow corrupt politicians are alarmed that when Binay takes over there will be nothing left for them for Binay is the epitome of greed and will hug and hog it all! The public should be wary if the “kapwa magnanakaws” are complaining for the Binays are a different breed, a glutton among the gluttons, the most corrupt among the corrupt!
Sounds like an inevitable gangland or mafia war. But that is the nature of that kind of game.
NHerrera says
If we successfully go over this Binay hump and the associated Judiciary hump (your posts below) I believe we would have a richer Philippine narrative and may learn a lot from that historical narrative — so, I dearly hope.
kalakala says
demolition job or termite control …peralta or morales.
solgen: simple case
sup justice: difficult case dahil political
imho, at the end of the day it will be between PERA or MORAL
Parekoy says
Ombudsman-Mandate, Mission, Power, Functions and Duties
Powers, Functions and Duties
The Office of the Ombudsman shall have the following powers, functions and duties
1. Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article XI, 1987 Constitution);
2. Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI, 1987 Constitution);
3. Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be ground for disciplinary action against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3), Article XI, 1987 Constitution);
4. Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also Sec. 13(4), Article XI, 1987 Constitution);
5. Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents (Sec. 15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);
6. Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true (Sec 15(6) R.A. No. 6770; see also Sec 13(6), Article XI, 1987 Constitution);
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency (Sec 15(7) R.A. No. 6770; see also Sec 13(7), Article XI, 1987 Constitution);
8. Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records (Sec 15(8), R.A. No. 6770);
9. Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein (Sec 15(9), R.A. No. 6770);
10. Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise of performance of the powers, functions, and duties herein or hereinafter provided (Sec 15(10), R.A. No. 6770);
11. Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein (Sec 15(11), R.A. No. 6770);
12. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law (Sec 13(7), Article XI, 1987 Constitution; see also Sec. 18, R.A. No. 6770);
Constitutional Guarantees Insulating the Office from Political Influence and Interference
The organic provisions finally approved insulated the Office from political influence or interference by:
• giving the Ombudsman and his Deputies, whose appointments need no Congressional confirmation, the rank of chairman and members, respectively, of a Constitutional Commission;
• prescribing for them fixed term of Office during which their salaries cannot be diminished;
• removable from Office only by impeachment; and,
• making it an independent office enjoying fiscal autonomy.
As you can see above, the number 3, under the Power, Functions and Duties of the Ombudsman, is clear that it has the prosecutorial and recommendatory power but it will be up to the courts to hear and render judgement of removal from office of the public officials the Ombudsman filed its cases against!
Parekoy
04-14-2015
baycas says
“it will be up to the courts to hear and render judgment of removal from office of the public officials the Ombudsman filed its cases against!”
Must this apply to all cases?
baycas says
“Recommend…and ensure compliance therewith” (taken as one) equals a mandatory order from the OMB.
http://raissarobles.com/2015/04/08/dear-congressman-nograles-if-you-condemn-milfs-iqbal-for-using-an-alias-condemn-senator-jinggoy-and-mayor-estrada-too/comment-page-2/#comment-282476
baycas says
Then J. Conchita Carpio-Morales wrote:
It is found in OMB v. Madriaga, G.R. No. 164316, September 27, 2006.
Parekoy says
@baycas,
Ombudsman can’t act as both prosecutor and a judge.
Sandiganbayan is the judge as well as SC.
The constitution protects the rights of the accused as well, so in my opinion it should be applicable to all cases.
baycas says
@Parekoy,
The OMB is a quasi-judicial body.
Please note that the OMB renders judgment in administrative cases.
Parekoy says
‘Quasi’ is a grey area and the accused has the right to challenge its partiality. If the constitution deemed it to be the judge then the Constitution could have been more clear as to define its powers of judgment.
I don’t care if Binay is aldready judged as guilty but I am just protecting the rights of other accused for if we abide by that definition of certainty that OMB could also be a judge then OMB will be a super duper entity and could be used as a tool for abuse by the next corrupt Ombudsman.
Check and balance is what makes democracy prosper and enduring, and Ombudsman is not exempted in this regard.
baycas says
Administrative and criminal cases are handled differently by the OMB.
The OMB cannot try criminal cases but it can administratively punish erring public officials.
Parekoy says
I understand that, but I am just getting ahead of myself.
Meaning if Binay is found guilty, administratively, Binay can always go to CA and challenge the OMB decision.
What I am getting at is that the nature of Binays case is not administrative in nature but criminal as shown by the evidence and brief of Morales.
Or Morales is going through the long route of death of thousand cuts? But I don’t think filing administrative charge is the correct strategy, it will just give Binays some breathing room and cry persecution, but a tight criminal case is better!
CA was wrong on the TRO since it is crystal clear that the OMB has the power to suspend as a means to counter coverup and free the OMB to investigate.
So, I can also appreciate Morales strategy:
1. File administrative complain.
2. Suspend Binay.
3. Investigate further to gather more evidence in the premises of the office of the Mayor of Makati to examine the hoojs and other pertinent docs.
4. Decide
4.1 Render judgment of removal from office of Binay administratively.
4.2 or, elevate the case as criminal in nature and transfer to another jusrisdiction the case.
4.3 do both ssequentially. And Binay remains suspended during the criminal trial.
Parekoy says
What is the extent of authority of the Office of the Ombudsman in the conduct of administrative investigations?
Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process.
In any investigation under R.A. No. 6770, the Ombudsman may (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file, document or paper; and (c) hold private hearings with both the complaining individual and the official concerned.
When does an Ombudsman Decision become final and executory?
Where the respondent is absolved of the charge and in case of conviction where the penalty imposed is public censure, reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final, executory and unappealable. In all other cases, the decision may be appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from receipt of the written Notice of the Decision or Order denying the Motion for Reconsideration.
baycas says
I believe not all cases (judgment or whatever) from a quasi-judicial agency like the OMB go through judicial review.
—–
On Binay, I believe, among other things…
Junjun Binay’s case is both administrative and criminal.
The OMB argues that SC has sole jurisdiction not the CA.
The preventive suspension is from the administrative case for reason such as further case buildup.
The administrative adjudication and preliminary investigation for (a) criminal case(s) were simultaneously present on the suspension order.
The CA asserted its jurisdiction according to the arguments made by the Binay camp.
baycas says
Incidentally, the SC oral arguments is partly instructive. Next week promises another round of lessons.
Parekoy says
SC: Bakit naghingi kayo ng TRO sa CA?
Binay’s lawyer: kasi po mali yung paratang ng Ombudsman at di dapat masuspendi agad Si Junjun.
SC: di ba karapatan na suspendihin ng Ombudsman ang public official sa hinala ng paratang na administrativo?
Binay’s lawyer: Opo, pero ang kliyente ko po ay nagkasala ng kriminal kaya dapat wala sa hudikatura ng Ombudsman kundi sa Sandiganbayan o di kaya sa SC.
nakakabinging katahimikan
Ombudsman: On behalf of the people of the Rublic of the Philippines, We rest our case your honors!