Here’s what Pres. Aquino said about smiling at the #SAF 44 commandos’ wake –
Exclusive
by Raïssa Robles
When my request to interview President Aquino was unexpectedly granted last week, Malacañang Palace asked me, again, for a list of interview questions. I had submitted a list months ago, but apparently they wanted a new copy.
I debated with myself whether I should take the opportunity to include something that had puzzled me for a long time.
It had to do with his facial expression during dramatic, tense moments. It seemed in many of these moments he was smiling – some said smirking.
I decided to submit it anyway.
Mindful he might walk out or terminate the interview abruptly, I waited until the latter part of the interview that lasted over two hours before I asked the question.
You could hear a pin drop in that vast room as his face visibly changed when he replied. Here’s what he said and it’s now on the front page of South China Morning Post online:
During the editing of my piece, my editor asked me to verify a photo he found online of Aquino, taken after he was shot in 1987.
He was also smiling.
Here is an excerpt of the top story on SCMP’s website today –
Philippine president Aquino explains why his smile shouldn’t make people angry
Raïssa Robles in Manila
UPDATED : Tuesday, 21 April, 2015, 8:42am
Philippine President Benigno Aquino has explained why people sometimes misunderstand his awkward smile – including in the wake of the 2010 Manila hostage tragedy in which eight Hongkongers died.
“I have various smiles for various purposes,” he told the South China Morning Post in an exclusive interview, as he recounted the outrage his enigmatic expressions have caused.
“Usually I have a particular smile when I am so fed up.”
Aquino is well known for smiling during moments when it would seem inappropriate. Earlier this year, he set off a storm of controversy in the Philippines when he appeared to smile at the wake for 44 commandos who were killed in a disastrous anti-terror operation in country’s Muslim majority south.
But it was an earlier smiling incident that is perhaps better known to Hongkongers.
In the aftermath of the 2010 Manila hostage crisis – in which disgruntled former Philippine policeman Rolando Mendoza hijacked a bus of tourists, leading to the deaths of eight Hongkongers – Aquino attracted furious criticism after appearing to smile at a press conference.
To read the rest, please click on this link.
UPDATE as of 12:31 PM, April 21, 2015:
Here’s what victims of the bus hostage crisis said in reaction to Aquino’s explanation:
Smiling Benigno Aquino ‘ridiculous’ and ‘lacking empathy’, Manila hostage crisis survivors say
By Samuel Chan
[email protected]
Philippine President Benigno Aquino’s reason for smiling after the 2010 Manila hostage crisis in which eight Hongkongers died was “ridiculous”, survivors said, accusing him of lacking empathy.
Aquino attracted furious criticism after disgruntled former Philippine policeman Rolando Mendoza hijacked a tourist bus, leading to a deadly shoot-out with police, when he appeared to smile at a press conference following the incident.
But the Philippine president told the South China Morning Post in an exclusive interview published today that “it was the absurdity” that made him smile briefly at the time.
“Some people will curse, will shout to high heavens… [the smile] is an effort to control [my emotions and actions],” he said.
But two survivors of the crisis agreed that “ridiculous” was the first word that came to mind when they heard Aquino’s reason for smiling.
One of them, Lee Ying-chuen, said Aquino’s attitude over the past five years, including his latest explanation, showed he “lacked empathy”.
To read the rest, please click on this link.
NHerrera says
Someone, I believe, mentioned here, that the comments portion of the broadsheets are almost 100% extolling what SC did in the second oral arguments of the case of OMB versus CA on the Binay case.
So, I went to the comments section under
Inquirer.Net — SC scolds Binay lawyers for ‘wrong doctrine’
(2:42 AM, Wednesday, April 22nd, 2015)
http://newsinfo.inquirer.net/687005/sc-scolds-binay-lawyers-for-wrong-doctrine
I KNOW SOME OF US HERE do not like to delve into such comments, but you may just try reading or scanning the commentaries there. Many may contain thoughts you may appreciate — and feel good about, coming as it does to different sectors, albeit from those with smartphones, tablets or laptops — and they are written and articulated well.
Another tidbit. In the Inquirer report, immediately under the reporters’ name is written in big bold letters the number of shares which keep growing rather fast. As I write this, the number of comments were 924 and the number of shares 14.5k.
It may set a record for that report.
NHerrera says
And from one of those commentaries, I picked this up (tried going back for proper attribution, but due to the voluminous comments can’t get it again):
Si Junjun Binay daw ay nagwala at binasag ang radyo ng kasambahay habang nag yaya-meal kasi nagpapatugtog ng kanta:
And now, the end is near;
And so I face the final curtain.
My friend, I’ll say it clear,
I’ll state my case, of which I’m certain …
(Yung tungkol sa yaya-meal dagdag ko.)
duquemarino says
@NHerrera
Bago kasi nagpatugtog ang kasambahay ng “I did it my way’ kumakanta si Baby Boy Binay ng:
“I started a joke which started the whole world crying, but I didn’t see that the joke was on me.”
Ayun, sinundan ng patugtog ng kasambahay kaya ayun nagwala, lumabas ng bahay bitbit ang mahiwagang paying at nagsimulang kumanta ng:
“I’ll never let you see, the way my broken heart is hurting me. I’ve got my pride and I know how to hide all my sorrow and pain. I’ll do my crying in the rain.”
At sa kalye having naglalakad at umiiyak: “Out of doorways black umbrellas came to pursue me. Faceless people as they passed were looking through me, no one knew me.”
duquemarino says
bitbit ang mahiwagang payong…..
canadadry says
kamalas na payong…
NHerrera says
For info — As of 1:39 PM, April 22, 2015, the referred to website has 1382 written comments and 25.9k shares and still going strong.
Sorry, doing this in-between my playing the board game of GO (Chinese ancestry, I have) with myself. I WON AND BEAT MYSELF several times already during the day. Hahaha.
NHerrera says
The I DO NOT THINK SO, YOUR HONOR dialog between SC Justice Leonen and Binay counsel Certeza
I copied and pasted this comment from the commentary of one with the handle “Andy” in the above-cited reference. I can vouch for this dialogue because I listened attentively to the second oral argument at the SC yesterday, April 21, 2015
Commentary by Andy:
Justice Leonen: By the way counsel, is your client here?
Certeza: No, your honor.
Leonen: Not here in the Supreme Court?
Certeza: Not here, your honor.
Leonen: In Baguio city? Is your client in Baguio city?
Certeza: Not in Baguio city, your honor.
Leonen: Is there any particular reason he has not come up to face the highest court of this land?
Certeza: I believe, your honor, that there was no order requiring his presence.
Leonen: Because the Ombudsman was here during the last session. Is there any particular reason that he doesn’t care to appear in the Supreme Court?
Certeza: I believe it’s not a question of him not caring or disrespecting the court, your honor.
Leonen: So this is not something that we can use to say that the case is not important enough for him to deserve his presence?
Certeza: I do not think so, your honor.
Leonen: And this is not an indication of his interest also as to the results of this case?
Certeza: I do not think so, your honor.
Leonen: Or the respect for this court?
Certeza: I am definitely sure that our client respects the honorable court.
Leonen: Is your client avoiding some pointed and direct questions that may be asked from him from any member of this Court?
Certeza: I don’t think so, your honor.
duquemarino says
“I don’t think so, your honor.”
Certeza mumbling to himself, “Perhaps!” (my pun, he he he).
NHerrera says
HERE IS HOW JUSTICE LEONEN CUT DOWN CERTEZA
Again I acknowledge copying and pasting a comment posted by a commenter with a handle name of “Mita” in the referenced website above. Also, again I vouch for the dialogue because I listened attentively to the second oral argument at the SC yesterday, April 21, 2015
Here is the post of Mita:
—————————————
Excerpt from Justice Leonen’s grilling of Atty. Certeza. Barang bara si Atty. Certeza dito.
Leonen: Did the Mayor vacate his post?
Certeza: No Your Honor.
Leonen: Was there a TRO at the time?
Certeza: Not yet Your Honor.
Leonen: … You’re under oath ha, counsel. As a lawyer you’re supposed to implement the law no matter how good or bad it is for your client. Is that not correct?
Certeza: Yes Your Honor.
Leonen: And there was an order for preventive suspension. Why was it not respected by your client?….. you see counsel I’m concerned because there is a tendency of certain public officials in this country, specially elective officials, that upon the issuance of an Order by a legitimate body presumptively there is an order of preventive suspension, that they will resort to people power and support that people power in blatant disregard of the legal authority that issued that order of preventive suspension. That is my concern. That’s why I want to ask you precisely, what was your legal basis for telling your client that he should not vacate the office inspite of the Order and without a TRO?
Certeza: Your Honor, we believe that the filing of the Petition for Certiorari…is the proper remedy…
Leonen: The filing of a Petition for Certiorari… does the filing of a Petition for Certiorari stop an order of preventive suspension motu propio?
Certeza: It does not motu prorio
Leonen: Yes, you have to wait for a TRO, correct?
Certeza: Yes your Honor.
Leonen: So was that good advice?
Certeza: The mayor appealed to the DILG….
Leonen: And because of that… there was confusion in the City of Makati because there was an order coming from an authority (Ombudsman), the Mayor refused to respect it, you went to the Court of Appeals, you filed a petition. There was still no TRO, they implemented the order, there was an oath (by the Vice Mayor), then the TRO happened, is that not correct? So it was your client that caused it all… no, I’m sorry not your client, it was your legal advice.
Certeza: …We take exception, with due respect, your honor
Leonen: Even for a single moment that there is no TRO and there is an Order coming from a competent authority, lawyers are duty-bound to respect it, is that not correct?
Certeza: Yes that’s true Your Honor.
Leonen: Thank you counsel. (end of questioning)
—————————————
NHerrera says
That is a beautiful cut-down job by Justice Leonen on a stupid counsel, made worse, by not being prepared for this line of questioning — which is obviously expected to be asked if not by Justice Leonen, by another SC Justice. But being fielded by Justice Leonen it has that dramatic, razor-sharp effect. Certeza cannot live down this recorded Q and A at the SC.
In fairness, when he appeared at the Pimentel Blue Ribbon Subcommittee Hearing on the Makati Parking Building Overprice, I gave him a benefit of the doubt as counsel on behalf of the Binays. He has plummeted way down in my esteem to say the least. Sorry Certeza you are no Estelito Mendoza or Serafin Cuevas (with my deep apologies to Estelitio Mendoaza or the family of the late Serafin Quevas for the comparison).
leona says
One of the two counsel (I don’t remember who and what trial was it) you mentioned for comparison with Certeza, ask a VP bank witness in the Senate:
Q. “Did you eat the Coke?” Witness: No sir. I drank it.” (I thought it was a joke in public trial)
ha ha
NHerrera says
:-)
NHerrera says
What does the Integrated Bar of the Philippines have to say about this rogue behavior of the member of the bar? The SC transcript is there together with the recorded live-streaming of the Q and A between Justice Leonen and Certeza. I am not a lawyer, but is this not a clear case of the IBP recommending disbarment? Or is the IBP just good only at collecting fees from new lawyers or doing ceremonial things like bowing to the VP when he comes and visit the IBP?
Aremem says
Information of the 2nd Ombudsman vs. Court of Appeals Oral Arguments recorded video…https://www(dot)youtube(dot)com/watch?v=BnCT0HcCBLQ
NHerrera says
Aremem, kindly check; I can’t get into it.
chit navarro says
hhahahhha…
because you have to replace (dot) with the actual “.”
here’s the link:
https://www.youtube.com/watch?v=BnCT0HcCBLQ
NHerrera says
Got it. Viewed that already but thanks nevertheless — chit navarro and Aremem. This old man may still learn some of the tricks; but I surely can’t compete with my apos (all living abroad sadly for me and the wife — on second thought: may be all for the good because we may just spoil them; their parents are disciplinarians.)
Ancient Mariner says
Me too.
Rene-Ipil says
Many, if not most, of the 690,000 elective officials are now furious and angry of Binay. In case the doctrine of condonation is abandoned by the Supreme Court, these public officers have to abandon also their respective schemes to skim off LGU funds to line their pockets. And Binay bids the presidency goodbye.
IMO the Filipino people must be grateful to Binay for securing that TRO against the OMB and for bringing the doctrine of condonation to the attention of the Filipino people.
NHerrera says
Yes indeed. I share that thought of yours.
Dahil sa ginawa ni Binay, ang LGU na isa sa mga inaasahan niya sa Election 2016 ay PFF…FT na. Magaling, Binay. Gumawa ka pa ng kapalpakan gayo nito. Sa ganoon, marami ang tunay na magpapa-salamat sa iyo. Ano ang sabi mo Bautista, Tiangco? Sino ang humawa ng virus sa utak? Si Coronel at Certeza ba o kayo? Propesora pa naman itong si Coronel. Dressing down was what she got. NAPAKASAKIT KUYA EDDIE.
Tama ang sabi ko dito sa CPM. Si Jonvic Remulla ay natauhan ng maaga. Domistansya na sa kanila.
NHerrera says
AGAIN, I take back my disparaging remarks about lawyers (I already apologized for that earlier).
There are inspiring lawyers, true to their calling, like CJ Sereno, Justice Carpio, Justice Leonen, and others in the Supreme Court.
And the lawyers of a different kind — Jejo Binay, Abigail Binay, Certeza, Coronel, Bautista, Tiangco; and we should not forget some CA Justices who share the same twisted view of law and justice.
May the first type thrive and the second type condemned to ignominy.
vander says
@nherrera,
sir, don’t forget the ousted TJ, the harmonizer of them all!
NHerrera says
:-)
leona says
[email protected]: you can disparage . . .
Q: What’s the difference between a jellyfish and a lawyer?
A: One’s a spineless, poisonous blob. The other is a form of sea life.. . .
Q: What’s the difference between a good lawyer and a bad lawyer?
A: A bad lawyer makes your case drag on for years. A good lawyer makes it last even longer.
Q: What’s the difference between a lawyer and a leech?
A: After you die, a leech stops sucking your blood.
and . . .
Q: What’s the difference between a lawyer and God?
A: God doesn’t think he’s a lawyer.
ha ha
leona says
last one [email protected] I hate to disturb you . . .
A lawyer boarded an airplane in New Orleans with a box of frozen crabs and asked a blonde stewardess to take care of them for him.
She took the box and promised to put it in the crew’s refrigerator. He advised her that he was holding her personally responsible for them staying frozen, mentioning in a very haughty manner that he was a lawyer, and proceeded to rant at her about what would happen if she let them thaw out.
Needless to say, she was annoyed by his behavior. Shortly before landing in New York, she used the intercom to announce to the entire cabin, “Would the lawyer who gave me the crabs in New Orleans, please raise your hand.”
Not one hand went up . . . . so she took them home and ate them.
tasty crabs indeed!
NHerrera says
Hahaha, Hahaha — on the two lawyer jokes. It seems there are as many jokes about lawyers as there are with economists.
john c. jacinto says
Tama. Sa hangarin ng mga Binay na ipakitang sobrang lakas nila na pinalagan maging ang Ombudsman, ito pa ang kaso na magdudulot ng magandang epekto sa kampanya laban sa korapsyon. Sana nga ay ipawalang-saysay na ng SC ang “condo nation doctrine” na yan na sanctuaryo ng mga magnanakaw sa gobyerno. Pag nagkataon, sising-alipin ang mga Binay dahil sa kahambugan nila.
chit navarro says
For everything that happens, something good will always come out of it.
Condonation doctrine. The justices who recused themselves from this case – Why? It maybe worth digging into their associations with Binay.
The guts of the Ombudsman and her wit and intelligence.
The SolGen – how he follows the letter of the law and the intent of the law which is to protect the people’s interests.
The lawyers of the Binays – how they twist the law and make the words applicable to their case try to stick but would ot stick because the honorable justices are really living up their names : honorable.
Thank God for oral arguments live on television. Unfortunately, its more of audio on my end. How about the rest? – is it a live ideo feed with the faces of the participants?
NHerrera says
From my end, also no animated images except still pictures — at times — of the speakers.
vander says
that TRO is indeed “a blessing in disguise”..:)
leona says
coin it . . . TRO = Twisted Raring Order!
ha ha
vander says
the wordsmith strikes again..
hahaha!
@leona.
chit navarro says
check out the other articles of Raissa on her exclusive interview with the President:
http://www.scmp.com/news/asia/south-east-asia/article/1772749/my-biggest-mistake-aquino-concedes-errors-led-deaths-44
and
http://www.scmp.com/news/asia/south-east-asia/article/1772717/all-presidents-women-why-benigno-aquino-still-bachelor
thank you again Raissa for all these articles…
now, you can enjoy your much-needed sleep! Great job for all thsoe front-page articles at the SCMP website!
baycas says
:-)
Rejtatel says
Thanks @chit for the heads-up!
Joe America says
@NHerrera, Thanks for the links. I was not aware of the articles.
I found the “My biggest mistake . . .” article particularly meaningful, and, actually . . . touching. I simply can’t comprehend those who won’t accept the president at his word. Why it is necessary to extract an apology and tears from a man who says, in a very personal way, why he can’t provide them? It saddens me, actually. And it depresses me that those of us who are personally sympathetic to the President and understanding of his huge responsibilities are hounded as apologists, yellow-tards, and people unable to think for themselves . . . for believing in the President’s honorableness and honesty.
It seems to me that many (most, a lot, huge batches of) Filipinos are incomprehensibly lacking in the ability to project themselves into others’ shoes.
NHerrera says
JoeAm, the link came from chit navarro. :-)
Joe America says
Ah, sorry. Thanks to Chit, then.
matt says
Filipinos have this mob/bandwagon mentality. Just because they hear Juday or other critics blame Pnoy for being insensitive, they start to believe they’re in the right just because everyone starts hopping on the bandwagon.
Joe America says
There is that kind of emotionality, I agree, and it is manipulated through the tabloids, who love it. Political opponents, crooks, and anybody who doesn’t like the way the President looks or walks, raise the level of angst, and then ordinary people, who wear their emotions on their sleeves, get swept up. Meanwhile the Philippines rises to the top of its historical charts for global recognition, economic stability, and accomplishment, and the President’s popularity is driven down down down by people who take one incident and define a man by it.
Without even trying to understand that it was he who ordered the welcoming ceremony, and who only wanted to be presidential by not getting stuck in a circumstance where he might break down. He did what he did in the best interest of his office and the Philippines.
But the mob totally misses the point . . .
Mary says
But the mob misses the point…completely.
The President must have been fed up by this, his only consolation must be that in just a little more than a year, he will be private citizen again, no longer at the helm of this contrary and ungrateful nation.
I had just recently watched a portion of his speech in a commencement exercise at TESDA. His remarks about a TESDA graduate who was able to get a job in Australia with a salary way beyond his existing salary as president shows just how he feels – making that kind of money from honest labor without the daily attacks he is routinely getting is looking better…or words to that effect.
canadadry, was it you who said it best – hang on Mr. President…
Joe America says
Yes, an ungrateful nation. I’ve been noodling with writing an article to distinguish between “needs” and “neediness”, the latter being way to prevalent hereabouts, I think. But it is a difficult one to put into positive terms. I may whack at it today. . .
NHerrera says
Raissa, you put that biggest-mistake article in words and expressions I appreciate.
I like the dignified discipline taught by parents of old which President Aquino echoed:
“You don’t cry in public.”
Thanks, chit navarro, for sharing the links.
Parekoy says
Court Battles-Administration vs Binays
As we can see there is an ongoing battle between the Administration and Binay’s opposition. Ombudsman against CA, Sandigan and SC on the helm and the power to tilt the balance towards reforms!
Parekoy says
A. Administration Men under siege and rightly so!
1.Cong. Biazon’s name comes up in bail hearing
Parekoy: This might help a bit Jinggoy but it shows that even a coached witness could slip and rightly so Ruffy needs to answer to the charges too. Biazon might be guilty of Malversation for the threshold of plunder has not been breached.
2.Department of Agriculture squandered P14B–COA
Parekoy: Though this is not yet elevated to Sandiganbayan, this is worth mentioning here for the findings open the Ombudsman to file charges against Alcala and his cohorts.
Parekoy says
SC Decisions:
3. Brillantes Pabaon Mess soiled by SC
Parekoy: Brillantes shoving and blatant money-making scheme is checked mate by SC. SC is now levelling the playing field for both the Admin Candidates and Opposition. The ground game will be the battle ground unless some magic can revive using PCOS.
Sandiganbayan Decisions:
4.President’s party mate Governor Umali gets 10 years for graft
Parekoy: This shows that Binays and Enrile have great influence in the Sandiganbayan too. Though the amount is small, ulterior motives aside, Sandiganbayan shows that by law they are fair on this one. This will make LP more in a combative stance and there will be an all out war targeting the opposition too.
***
Parekoy says
3. Brillantes Pabaon Mess soiled by SC
Parekoy: Brillantes shoving and blatant money-making scheme is checked mate by SC. SC is now levelling the playing field for both the Admin Candidates and Opposition. The ground game will be the battle ground unless some magic can revive using PCOS.
Parekoy says
4.President’s party mate Governor Umali gets 10 years for graft
Parekoy: This shows that Binays and Enrile have great influence in the Sandiganbayan too. Though the amount is small, ulterior motives aside, Sandiganbayan shows that by law they are fair on this one. This will make LP more in a combative stance and there will be an all out war targeting the opposition too.
Parekoy says
B. Binays under siege and rightly so!
1. Elenita Binay –Graft Case
Parekoy:SC needs to be consistent and also time is of the essence for the Binays are known for their delaying tactics.
Parekoy says
2. Junjun Binay – Administrative and Criminal Cases
Parekoy: This is the crux of the matter! It is not only about Binay but the evil that our old SC raped our lady justice and constitution in adopting the wrong Doctrine of Condonation! Making this unconstitutional and obsolete will send a strong message that enough is enough, the reign of impunity has passed and a new measure of accountability is now installed!
SC scolds Binay lawyers for ‘wrong doctrine’
Parekoy says
Ombudsman’s power!
3. Pichay, 5 Gatchalians sued
Parekoy: Appointing foxes to guard the henhouse is no longer condoned!
Parekoy says
What is happening in our justice system right now on these high-pofile cases will shape the 2016 Presidential Elections. Whoever wins in the courts right now has an advantage in the coming elections.
Actually the Filipinos are the winners when both the administration and the opposition are found guilty by our courts! It is high time for our SC awake from their long comatose condition and render the blind justice she has obligated to hammer down to the guilty!
Parekoy
04-22-2015
Parekoy says
Court Battles-Administration vs Binays
As we can see there is an ongoing battle between the Administration and Binay’s opposition. Ombudsman against CA, Sandigan and SC on the helm and the power to tilt the balance towards reforms!
A. Administration Men under siege and rightly so!
1.Cong. Biazon’s name comes up in bail hearing
Parekoy: This might help a bit Jinggoy but it shows that even a coached witness could slip and rightly so Ruffy needs to answer to the charges too. Biazon might be guilty of Malversation for the threshold of plunder has not been breached.
2.Department of Agriculture squandered P14B–COA
Parekoy: Though this is not yet elevated to Sandiganbayan, this is worth mentioning here for the findings open the Ombudsman to file charges against Alcala and his cohorts.
yvonne says
When the Supreme Court made the unprecedented decision to live-stream the oral arguments in the case of Ombudsman vs CA, that simple act of the court towards public transparency made me guardedly optimistic that there will be better days ahead at the SC.
Now after following the oral arguments, specially after listening to the line of questioning by Chief Justice Maria Lourdes Sereno, I become a stronger believer in her and her quest for judicial reform. I will not be surprised if the SC strikes down the much-maligned legal condonation doctrine.
Thank you CJ Sereno, and to other court insiders behind the scenes, for giving us some hope.
chit navarro says
But why did Justice Jardeleza recuse himself from this case?
Just wondering. He was there in the first oral arguments.
Nino says
Hi Chit. According to an article (was it inquirer or rappler?) AJ Jardeleza had been against condonation even before he was appointed to the SC. Him backing out must have been due to this stand as he cannot be claim to be impartial to the case.
Rene-Ipil says
Somebody asked me. “Why not CJ Sereno as president? I said she is not a politician and still has about 17 years to serve as CJ. It would be a great uncertainty for her career and future, and a great sacrifice particularly when she wins as president.
NHerrera says
yvonne, same feeling here. We may just wake up one of these days to a whole new Philippines with SC acting with great competence, with integrity, and for the good of the country in the short and long term. It makes a Filipino proud of having in the SC the likes of CJ Sereno, Justice Carpio and Justice Leonen.
vander says
i am for CJ sereno to stay as our CJ.
if a pnoy’s annointed one wins, bonus pa natin..
tuluy-tuloy ang tuwid na daan…
Den says
This is the mother of all impunity. The lawyer of the Binays just gave away the reason why this dynastic family is doing anything and everything to cling on to their government positions. They found their fountain of power in this obscure and yet darkly powerful doctrine of condonation by reelection.
Kudos to Chief Justice Sereno for making it difficult for the other magistrates of the Supreme Court to try and make this doctrine one giant washing machine for public officials to commit graft and corruption with impunity, and then use their loot to buy, cajole, coerce and harass their way to reelection to escape accountability. That is exactly what the Binays have been doing in Makati, and would now want to do with the Philippines.
Imagine the implication if this doctrine is upheld. Corrupt politicians will wreak havoc on elections to get themselves reelected by hook or by crook. By invoking this doctrine, the Binays are implicitly admitting that there was indeed corruption, but since the voters of Makati reelected him, then he had been absolved. Anyone who holds that position as fair and acceptable must have their heads examined.
Upholding this doctrine and letting the Binays get away with their malfeance is opening the gates of hell to bring Armageddon to the Philippines.
baycas says
Invoking the doctrine,
Now,
vander says
another thing to look at:
a president who runs for lower position after serving his fixed term.
that one imho, is a big joke in our system.
raissa says
Tulog na muna ako.
caliphman says
The good news and bad news from the 2nd round SC Binay oral arguments. The good news is the Binay/CA camp is reeling on the ropes, with hardly a legal leg left to stand on. SC appears they will review the doctrine of condonation after all amidst protests by Binay counsel. The best good news which is even news to Morales and the OMB…according to CJ Sereno, the OMB can preventively suspend officials in criminal investigations! Had they done so, no CA, no TRO, and no Binay in City Hall since the getgo.
The bad news. After declaring the legal, economic, financial, and maybe even environmental calamity? that may occur with a Binay condonation, CJ Sereno not only declined the OMB’s earlier request for TRO but now she wants to wait 30 days for memorandums from all parties. Justice delayed is justice denied.
baycas says
Then…
Now…
caliphman says
kinda spoils my great forecasting record, doesnt it? lol
baycas says
It’s alright.
“Win some, lose some.”
caliphman says
Baycas, this is definitely one I am glad to lose :)
Pickers1368 says
I’m not sure the 30 day window is bad news. It’s how due process works and cannot be dispensed with. One good news perhaps is a lot of people who probably paid handsomely are losing sleep.
baycas says
@caliphman,
A simple case of Due Process and the Rule of Law.
caliphman says
Baycas, the whole point of preventive suspension is to preserve incriminating records and testimony at City Hall. The Binays are proven masters at covering their tracks. Witness the decades the family has been amassing their hidden fortune stealthily and undisturbed. We are talking now of at least a couple of months before Mayor Binay can be suspended and removed if at all.Now is not the time for complacecy when the 2016 election is fast approaching and VP Binay is still leading the polls. Is it hard to understand that the political fortunes and the money machine of this family have all been made possible with their continued occupancy of Makati City Hall?
baycas says
Junjun had several years to “bury” the evidence.
What’s possibly several months to a year to wait the outcome of OMB v. CA/Binay?
Junjun may be campaigning under preventive suspension by then…either administratively or criminally with detention to boot.
And he will still cry “PERSECUTION.” But not the majority in Makati will listen.
baycas says
As to Jejomar, his fate awaits…
In jail…sooner or later…
caliphman says
I think you are too quick to dismiss what still !rmght be recoverable at City Hall to prosecute not only Mayor but also VP Binay. This particular case and all the other cases being investigated originated from complaints by Mercado, Bondal, and company who not only have copies of records but also know the key employees and where other files are kept that the Binays are concealing or have forgotten.
The big picture is not about Makati about Jejomar not being president and the key to foig tat is exposing all the corruption with evidence he can no longer deny. If he becomes president, how long do you think this case against Junjun and Jinggoy,Refills, etc. will prosper?
baycas says
My optimism knows patience.
Institutuonal integrity, due process, rule of law, among others, sustain the calmneas.
caliphman says
Just trying to put events into context for those blinded in the hubris of the SC comments on Binay submission. Oh well so much for that.
vander says
i’m afraid, he will not be jailed.
his age will save him big time…
and health issue is their redeemer.
this is the pathetic situation of our nation.
the super strong bong had a vertigo.
the energetic stem-celled juan is now very weak.
jinggoy has his own tricks too.
we’ve been hearing from the grapevine the vp is being treated of something.
baycas says
@vander,
Oh, yeah…
Nevertheless, the good thing about my optimism is the fact that, sooner or later, even wishful thinking may come true (albeit with a twist) when you least expected it.
Who would ever think in September of last year when I posted this:
…that the doctrine in question will be a hot topic now at the SC?
Thanks to Jejomar’s son for this. His defense led to more Miriam-style, public…and judicial…scrutiny on the ‘doctrinal’ escape route from accountability.
Who knows, Jejomar may still be jailed even for a moment prior to his ‘glorific‘ and ‘tandaic’ hospital detention?
Sometimes, and I mean sometimes, “good things come to those who wait.”
caliphman says
Optimism is a good thing. I like mine when it is well supported by events on the ground and not just hoping things will work out in the future.
baycas says
Some call it “hope for the best, expect the worst.”
—–
Though I predicted a partial win for either side, i already gave out my two cents on the CA TRO (in Pilipino a few past blog posts away) based on what I believe is sound reasoning. The gist:
The ‘Now’ events are slowly falling into place to my assertions.
But then again, some, including you, entertain mistrust (bribery etc.) on the Judiciary. A Cinderella-like dream hopes to brace oneself for a tumultuous event when corruption wins at the expense of the 1987 Constitution’s ideals.
caliphman says
I have never said anything about judges being bribed in thr CA nor SC, at least not seriously. Having said that, I know it happens at those courts. Corona amassed his millions not by scrimping or saving as even you might admit.
baycas says
Incidentally, my optimism also has foundation because the SC may abandon a doctrine established by past decisions. (http://www.lawphil.net/judjuris/juri1986/jul1986/gr_73155_1986.html)
And the abandonment will work PROSPECTIVELY thereafter.
After all, The THEN SC Justices’ decision is final until the NOW SC Justices overturn the past.
Reason why I called the SC (sometime in 2005) the last ‘orbiter.’
baycas says
On “prospective:”
Rene-Ipil says
IMO the prospective application of the new doctrine refers to substantive matters such as a decision or judgement of ombudsman to remove or exonerate Binay. Issuance of interlocutory order such as a preventive suspension order (PSO) is procedural matter and can be applied retroactively. A PSO is merely a means or procedure to an end or judgement of removal or exoneration.
baycas says
I was referring to the abandonment of the Aguinaldo Doctrine If ever the now SC will choose to abandon it.
baycas says
I believe it is being applied in the Plebiscite ‘docltrine’ I cited above.
baycas says
OMB v. CA/Binay may prove to be the start in finally removing the politicians’ accountability escape route (condonation doctrine).
caliphman says
Maybe its merely that you are optimistic about a Supreme Court that has just affirmed it may have a moral compass. What good is that when the prospects on the horizon id of a President Binay who thinks nothing of bribing CA judges and may be replacing 9 SC judges with his henchmen to assure a majority. What good is winning a battle when you are losing the war?
baycas says
Well, my batting average in looking at things even in the future direction is relatively high…
“A certain smile probably like ‘that certain smile‘” may come in handy at this point…
So long…for now.
baycas says
Oops…
Forgot “rightly.”
As in: “…looking at things rightly even in the future…”
baycas says
Incidentally again…
The now SC CJ just publicly broadcast the “strong evidence for guilt.”
I believe presented with a 63-paged slides for onlookers to view…
Was the CJ overwhelmed?
caliphman says
Mine is not too shabby either so long as we are tooting our owns here :)
caliphman says
Well if you are talking about that feeling in your gut having a high batting average , good luck with that…hehehe
baycas says
Hello, back again from an afternoon’s work…
I’m rooting for “The Kid,” remember?
It’s not gut feel but trust on the OMB to deliver it’s impervious might on the memorandum (I previously highlighted the OMB generalities in Pilipino and the OMB specific arguments were already broadcast last week)…
As well as trust that the opponents will create more loopholes in their own memo (I previously mentioned the wrong reasons the CA 6th Division made in giving the TRO and many heard the weak arguments of Binay’s lawyers)…
Thanks for the good luck message…the OMB, as champion of the masses, needs it badly…especially when you, @caliphman, are scared of the Binays…
As for me, I am hoping for the best…but still expecting the worst.
vander says
@baycas,
in my wishlist, #1. a termite-free Phl.
i will put some eggs on your wishful optimism(i like it).
sprinkle with some prayers.
and keep pounding in the blogs for all-CAPs kalampag.
who knows, extermination of our greedy dynastic monsters dawn upon them.
hehehe…
leona says
Why ’30 waiting” for Memoranda? Case submitted for decision May 21, 2015. August 30 there is a decision. Executory immediately.
Suspension of Mayor Junjun Binay will take effect from Sept. 1, 2015 to February 2, 2016. Binay Camp can delay all this. So, Oct. 30, 2015 decision comes out. He’s suspended up to April 30 2016.
The ‘maybe’ 6 inclu J. Carpio vs the ‘maybe’ 4 GMA appointees must be having a lot of debates. How many pages will the decision be? 30 PAGES.
‘Fireworks’ inside the conference Hall of the SC? Are they all thinking of VP Binay? Maybe or maybe not.
Any burning – fire SUNOG!, that is, in Makati City lately? Check it.
caliphman says
Leona, check not only for fire but more garbage trucks hauling shredded paper. There are at least 5 different sets of complaints filed against the Binays that have been covered in the SBRC hearings supported by copies of records in Morales and company’s hands. The sooner the LP vice mayor is running City Hall, the sooner and more thorough an OMB search for evidence supporting a possible impeachment of Binay can happen. Condonation may be the hot topic, but this SC case us all about the power or lack of it of the OMB to conduct investigations of public officials suspected of betraying the public trust
fed-up says
Mukhang itong si VP Binay ay absent sa klase noong elementary school siya noong itinuro ng teacher niya ang Golden Rule (“Don’t do unto others what you don’t want others do unto you.”)
Nakikita niya ang arrogance ng DILG at DOJ pero hindi niya nakikita ang arrohance niya (hindi pagsipot sa SBRC hearings) at hindi pagsipot ng anak niya (Junjun Binay) sa SC oral arguments sa Baguio City (a case of family values).
http://newsinfo.inquirer.net/680632/vp-binay-slams-arrogance-of-dilg-doj
http://www.gmanetwork.com/news/story/473786/news/nation/sereno-says-sc-s-56-yr-old-doctrine-bad-case-law-leonen-hits-binay-absence
On the other hand, baka yong “gold” lang ang nakikita niya doon sa GOLDEN RULE!
balayang says
Tunnel vision sa gold as in goldilocks; isn’t there a goldilocks bakery in makati? Is Nance the chief baker ? Gold ang mamon :-))
parengtony says
Binay’s Golden Rule:
He who has the gold, rules.
canadadry says
HE WHO HAS THE GOLD, RULES?
eto malamang ang pinaniniwalaan ni Intsik Collaborator VP, with the company he keeps (Arroyo. Enrile. Marcos, Estrada, Pangilinan).
Proven na niya ito for many decades, hehehe, experiment lang pala yung Makati and Makati Homeville.
NHerrera says
AS reported by GMA News — Sereno says SC’s 56-yr-old doctrine ‘bad case law,’ Leonen hits Binay absence:
————————-
Chief Justice Maria Lourdes Sereno on Tuesday criticized a 56-year-old legal doctrine that clears an official of any administrative liability if reelected, saying it could “wreak havoc” on the 1987 Philippine Constitution.
During the second day of oral arguments on Makati Mayor Jejomar Erwin Binay’s suspension, Sereno described the “condonation doctrine,” which first appeared in an SC ruling on a 1959 case, as an “unfortunate doctrine made on legally insecure foundations.”
“Is this the kind of legal regime you want? We want to tell you this [doctrine] is wrong and you want to tell us to continue believing in this?,” said Sereno.
Sereno was referring to the SC decision on the October 1959 case (Arturo Pascual Vs. Honorable Provincial Board of Nueva Ecija), in which the concept of condonation first appeared in Philippine jurisprudence.
“The underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefor,” read the SC ruling in the 1959 case.
In response, Binay lawyer Sandra Marie Coronel admitted the Binay camp would also like to have the doctrine reviewed and “revisited,” but for now, it “has no choice but to abide by it.”
Sereno said she was getting the impression the Binay camp was blaming the Supreme Court for allowing the 1959 condonation doctrine to be created.
“[But] That’s why we want to make up if there is any problem we had. This is our chance to make up,” Sereno said.
Coronel said erring officials can still be held criminally liable, “which is more potent.”
But Sereno remained firm on her opposition to the condonation doctrine.
“You want this court to follow the condonation doctrine than giving fealty to the Constitution,” Sereno said, describing the doctrine as an example of “bad case law.”
“You want to wipe out all statutes providing preventive suspension? Is that the message you want us to deliver?” she added.
Sereno noted that 17 US states have already rejected the condonation doctrine. She warned about the magnitude of upholding the condonation doctrine of the 690,502 elective posts in the country.
“Isn’t this tantamount to telling officials that they can commit all forms of [administrative] offenses so long as they get re-elected, because they cannot be held administratively liable?” she said.
Meanwhile, SC Associate Justice Marvic Leonen noted Binay’s absence in the two days that the high court has been holding oral arguments.
Leonen asked Binay lawyer Claro Certeza whether Binay was either inside the SC session room, or at least in Baguio City, where the high court is holding its annual summer session. Binay’s lawyer answered in the negative to both questions.
Leonen said Binay didn’t seem “to care” to show up during the two days of oral debates on his suspension.
“Isn’t this [Binay’s absence] an indication of his interest on the decision on the case, or of his respect to the court?,” asked Leonen.
“I don’t think so,” Certeza replied.
While Binay was absent during last week’s debates, his sister, Makati Rep. Mar-len Abigail Binay, was present. None of the Binays attended today’s oral arguments. – JJ, GMA News
————————-
WECANDOIT says
because pnoy is who he is and has been throughout his presidency (in particular his consistent principles and actions vis a vis:corruption) i understand and forgive him for the instances when his imperfections have come up. because what the country now needs is the continued path against corruption, i will take the inappropriate smile and other imperfections anytime especially when i see improvement in the country’s attractiveness to potential investors etc.
i congratulate cpm for being able to keep their eyes focused on the most important issues of the day even as they have to deal with minor hiccups and sundry bodily manifestations along the way.
was looking forward to read about the SC hearing when i came to raissa’s blog today and was dismayed to see that the latest article was about the “certain smile”. but i am glad i went ahead and opened it because i found the valuable information i wanted from the commenters who posted about the SC hearing. thank you @nherrera and other cpmers. there is nothing like raissa’s blog to keep abreast of the issues of the day.
NHerrera says
WECANDOIT,
You may try reading the following GMA News for some important items coming from CJ Sereno and Justice Leonen.
GMA NEWS — Sereno says SC’s 56-yr-old doctrine ‘bad case law,’ Leonen hits Binay absence
(April 21, 2015 6:50pm)
http://www.gmanetwork.com/news/story/473786/news/nation/sereno-says-sc-s-56-yr-old-doctrine-bad-case-law-leonen-hits-binay-absence
Vicara says
It’s interesting that the Chinese in Hongkong have reacted so furiously to his smile. The Chinese-Belgian writer and doctor Han Suyin noted that some Chinese (at least during her time, in the 1930s/40s) had a habit of breaking into laughter in the midst of tragedy–e.g. a family death or disaster directly affecting them–and this used to unsettle European witnesses, who wondered about their lack of empathy. Han Suyin, if I remember correctly, speculated that the inappropriate laughter acted as a kind of safety valve in the face of the unbearable.
raissa says
Hmmm, where did she write that?
canadadry says
SMILING DEPRESSION?
COPING AS A LEADER OF A PEOPLE CONDITIONED TO FAIL
This article from Scienceblogs, says something about smiling as a way to cope with a tragedy or frustration and to quote:
http://scienceblogs.com/cortex/2010/02/22/laughter-and-grief/
“In his 1928 investigation into humor, Wit and Its Relation to the Unconscious, Freud argued that laughter was a coping mechanism, a way of dealing with the unspeakable pain of everyday life”.
As Philippine president, who could not be depressed leading a group of people with little history of overcoming obstacles and repeated defeats due to abusive people in power. With even your Vice President in your first week in office displaying the wangwang mentality and now turned out to be an exact copy of the man you both fought against. Great disappointments from people you admire before now seemed swallowed by the evil of corruption, betrayals from people whom you thought could help you bring about just an inch of progress for the country your father and mother died for. What is there to celebrate indeed. with your fathers’ killers lording it all over again and abusing the very environment their father (your father’s killer) denied your family.
But despite all this you have to soldier on, you have to face another day and be a leader not to them who wish you destruction but to the silent thousands and millions who chose to be decent and kind and progressive and contribute to making this country a little better.
It’s tough but hang on Mr. President.
curveball says
@canadadry,
Napakaganda ng iyung sinulat patungkol kay Pnoy.
Sana ay malagpasan nya lahat ng ito. Hindi para sa kanya lamang kundi para sa akin, sa aking mga anak at mga apo na darating.
Dahil ang katulad nya ang kailangan natin para sa lubos na pagbabago at pagunlad.
Sana, sana ang papalit sa kanya ay katulad nya para maipagpatuloy ang kanyang nasimulan na.
vander says
@canadadry,
nice one. i thank you for that.
i have a firm belief in pnoy’s consistency to his advocacy.
he is our leader of today.
for me, despite his many flaws, is still the best.
our bond of poverty is still overwhelming.
but it is slowly being entangled.
i feel it in the day to day undertaking.
Mary says
@ canadadry….what an inspiring message, it echoes what is in my heart I hope this reaches the President.
I posted this comment of yours (and that of Den as well as some others here and in JoeAm’s) in my facebook wall for a whole day hoping to reach as many as possible. Posting short messages in FB is my style now knowing the short attention span of most of my fb friends.
Ancient Mariner says
Mang Tony: “Mas okey na ang ‘smile’ ni Gani. Para lang may iniisip siyang masama.”
Manung Jusip: “Okey ba ‘yung mag-isip ng masama at pangisi-ngisi pa???”
Mang Tony: “Kabahan ka na pag humalakhak yan…”
Mang Bernie: “Oo!!! Ibig sabihin nagawa na niya ang masamang inisip niya.”
baycas says
@raissa,
There you again…
Something’s spooky with A.M.’s handle or the blog itself…
Anyway, the ‘barber’ joke was from @baycas.
Now I know why my connection’s unusually slow for past two weeks…
Mel says
Dit·to
hindi lang pala ako. a year or more to date.
perhaps a virus, a troll crawler to sow confusion in her akismet, and/or other app/widget(s).
ngayong mainit na naman ang issues sa dagat-dagatan sa WPS contra SCS.
baycas says
:-(
Mel says
walang biru, hamak.
napundi na ang ISP call center support/engineers sa katatawag ko.
suma tutal, hindi nila masabi kung bakit ang ip ko pinag iinitan.
lintek iyong mga kamag-anak kong instik. tuwing may usapan o headline sa wps o scs.
ayan na naman –
pelang says
@baycas, i noticed that too. the joke seems familiar (i hinted it was yours and A.M. copied it. i thought, A.M. has no originality but how come he guessed what on your mind is? may multo yata dito.
baycas says
Spooky cookie…
Ancient Mariner says
This is not the true Ancient Mariner.
Raissa, perhaps ypu should check the email address?
raissa says
?
Mel says
Kindly review your akismet settings, its criteria, conditions for reserved/approved commentator(s).
It has to be ‘AND’ for Name/Handle to pass, be accepted with/and the email address. The Name/Handle is reserved ONLY to Email Address. Condition for unique Name/Handle is reserved only to a unique and only one Email Address. An Email Address can only have one Name/Handle in your akismet setting. Not Or, but AND.
Mel says
Assuming your Akismet is good and dandy, the only way another ‘unauthorized’ commentator to be able to successfully submit a comment in your blog using someone else’s registered/reserved Name/Handle is they also use the email address assigned/saved/registered for that Name/Handle in your system.
Perhaps, you should introduce a PIN as a third criteria in addition to Name/Handle AND an Email Address. All three with a conjunction ‘AND’ before successfully submitting a comment.
Or register their IP address as part of their Name/Handle AND Email Address before Akismet approves (automated) their Comment for blog publication.
Ancient Mariner says
Thanks for sharing your knowledge. It’s a bit disconcerting but I’m sure Raissa will sort it out. Fingers crossed.
Mel says
IF some one who has ill-intent can use another CPMer’s own soft registration and make it’s own opinion as there’s. One has only to know the Name/Handle and its assigned/recorded Email Address.
Mel says
Without a Login system in your blog, anyone can use someone else’s regsitered/recorded Name/Handle and their Email Address. Knowingly or not, a fraudster or a new commentator can misrepresent an innocent CPMer (old timer) of their own opinion/comment on certain issues.
There is a way where you can catch a commentator’s IP address and save it as part of their Name/Handle and Email Address record. Alan might be able to assist you. This is where you can use a condition ‘OR’, a CPMer can still use different devices with different IP addresses but thesame Name/Handle for their own unique email address.
Or you can request concerned CPMers to register their IP addresses as part of their record. That is of course, IF you wouldn’t like to upgrade and start using a Login system to maintain probity amongst your blog commentators filtered by your akismet program.
baycas says
That was me actually.
Your handle and email address replaced mine.
I think it was another case of a ‘cookie’ gone haywire…
Ancient Mariner says
Hopefully that is the explanation and not someone with ill intent.
:-)