I believe that whoever wins among the presidential candidates would fail to improve for the better the current conditions in the country unless he or she is elected by the majority – 50% plus 1 – of all the voters. Or he or she successfully institutes radical reforms under a revolutionary government.
And we all know that a revolutionary government usually metamorphoses into a dictatorship. Cory was an exception simply because she did not want it. Even if she wanted, she could not do it due to the fractious police and military organizations at the time.
The present government structure would ensure that the judiciary, legislative and executive departments would erase whatever gains that the Pnoy administration had achieved. In fact the satisfaction and approval ratings of Pnoy had already been eroded lately. That is four months before he steps down as president.
In the JUDICIARY the handling of GPL DQ case is Exhibit J-1, Enrile bail as Exhibit J-2, Binays’ cases as Exhibit J-3, Marcos cases as Exhibit J-4, Sereno and Jardeleza as Exhibit J-5, etc.
In the LEGISLATIVE the proposed FOI law is Exhibit L-1, Anti-Political Dynasty law as Exhibit L-2, PDAF as Exhibit L-3, Pacquiao as Exhibit L-4, Sotto as Exhibit L-5, etc.
In the EXECUTIVE criminality is Exhibit E-1, port and traffic congestion as Exhibit E-2, low agricultural productivity as Exhibit E-3, rampant smuggling as Exhibit E-4, Mamasapano fiasco as Exhibit E-5, illegal drugs as Exhibit E-6, Hilbay as Exhibit E-7, etc.
I propose that a CLEANSING of the government be instituted by the next president with the approval of the people in a plebiscite called for such purpose. But such drastic move could only be initiated and implemented to its successful conclusion by a president elected by the majority of the voters.
Let us amend the constitution to cleanse the whole government. Transform the government into an appropriate structure and declare all positions in the executive, legislative, judiciary, constitutional commissions, etc. vacant through a plebiscite. All the present holders of these positions shall continue discharging their functions until replaced by appointment or election.
The president or anybody authorized by the new constitution shall be empowered to replace or retain any appointive government officials and employees. A general election shall be called for elective positions IAW the government structure approved by the people.
I think that a “majority” president is attainable if the present crop of presidential candidates is effectively reduced into a maximum of three, Miriam included. I pray that GPL is disqualified; Binay is jailed and Miriam quits – voluntary or involuntary. Indeed, the late Señeres, whose name remains in the ballot for now, quit the race for good even before the COMELEC approval of his move to withdraw.
baycassays
Batas Marcos
Malaon nang tapos
Angkang Marcos
Matagal nang laos!
Kamulatan ba’y kapos
Sa kabuktutang agos?
‘Di bale nang mamaos
‘Wag lang ibalik ang Marcos!
Marysays
We must emphasize to the masa voters the reality that the next President can change the composition of the next Supreme Court. The genuine fight for corruption hinges on the reforms in the Judicial Department. With one alleged plunderer candidate fighting for his survival (another six years of immunity from court cases) who is still lording it over in the surveys, we are truly in a dilemma – “Between the devil and the deep blue sea” i.e., to choose between two undesirable situations (equivalent to “between a rock and a hard place”), what with the next popular contender who is surrounded by the rest of the Marcos mafia.
Survey or no survey, I will stick to MY principled choice, and will help them win, limited as I am with this erratic BP and work schedules. The fight against Marcos seemed hopeless then, same with the Estrada regime, but the people won. I have said it before and will say it again – this is a fight between good and evil, if that makes me yellow, then so be it. I’m proud to be yellow, I’m not being overly moralist as I am a sinner just trying to be good, although failing most of the time. My preferred candidates are not perfect, but no man is, they are the best candidate for me.
NEVER AGAIN to a Marcos style regime.
RORO.
uprightbikesays
Yellows are fighting an old war while Marcos remnants and other like-minded politicians are fighting new war. There is no way fighters of old war can win over fighters of new war.
My take is that for RORO to win, yellows must adopt newer slogans and tactics and adapt themselves to the new political reality.
The “masa” will never understand the ills of martial law which happened decades ago.
And in any election in the country, one can never win without the support of the masa.
But RoRo can still win over the masa by promising them everything as what his foes are doing.
To quote Quezon telling Osmena: ‘The trouble with you ( Osmena) you look too far ahead…” All that the masses want to hear is a solution to their present problem. And a simple promise will turn them in.
Sad, but that is the reality.
Marysays
That is what the 4Ps is all about, a solution to their present problem, while laying down the foundation for their more permanent upliftment.
You may not believe it, but we yellows are into social media too.
Multi tasking, my friend.
uprightbikesays
I do not know the real impact of 4Ps in relation to the chance of Roxas.
Believe me , I can cite countless persons I have talked to, all beneficiaries of 4Ps. and their mindset is that they are entitled to the cash benefits so will still vote for Binay as Binay is more approachable.
I do not want to over inflate the effects of 4Ps, i do not want to be disappointed.
Try to live with the 4Ps beneficiaries in Navotas.
If LP will rely on 4Ps beneficiaries as a huge reservoir of support, they will be in for a huge disappointment.
The “masa” do not think and act as what armchair political strategists picture them to be.
Roxas giving them cash, Binay giving them hope, who will they vote.
Roxas, promise them anything, they will like you. Not a ” Daang Matuwid” slogan for they will not understand it.
Roxas, there is still time but if you insist on your campaign strategy, SA Kangkungan ka pupulitin.”
Kalaharisays
Mar must follow to the letter the war strategy of 5-star Gen. Douglas MacArthur – “In war, there’s no substitute for victory.”
Use all the resources at your disposal, legal or not-so-legal or even a hydrogen bomb, just to win the war
uprightbikesays
AGREE>
nettysays
“In war, there’s no substitute for victory.” Very sweet words. Sadly, in Mamasapano’s moment of need and a prayer for victory, no hydrogen bomb was fired,, pfftt …then everyone heard the sound of silence and the smell of death.
I tend to believe that it is an illusion,
“Your vote is meaningless , when the system is corrupt.”
kalakalasays
i think it’s not only in the phil. that gives the 4Ps. actually rich countries are doing this long before maybe we are born (1968). just wkat MAR said that he will make phil. a rich country. we are on the right straight track.
look at makati city, just recently backpay (unpaid due them) to the teachers were given amounting to 60,000.00 – 100,000.00 each.
Rene-Ipilsays
Mukhang pilit na pilit at katawa-tawa yung CLB theory ni Solgen. Ayon Kay Solgen yung CLB ng mga SC justices ay presumption din yung nakasulat na parents tulad ng kay GPL. At presumed din na NBFC ang mga SC justices.
Sa tunay na CLB ay indicated yung parents, place of birth (POB), name of attendant (physician, nurse, hilot or midwife), certification of birth (COB) regarding date and time, and name of informant. Sa CLB ni GPL, nakasulat ang Jaro, Iloilo as POB at Susan as mother. Vacant yung para sa attendant at COB. Si Susan ang informant. Ang CLB ay na-register May 2006 o dalawang buwan bago magpetisyon si GPL sa BID nuong July 2006 o makalipas ang 38 taon nang siya ay matagpuan sa simbahan.
Sa CLB ni GPL, yung space para sa attendant at COB ay vacant dahil hindi alam kung sino ang nagpaanak at kailan siya ipinanganak. Yung POB ay presumed kung saan siya natagpuan. Sa CLB ng karaniwang tao ay nakasulat yung sa parents, POB, attendant at informant. Ang informant ay puedeng yung attendant o isa sa parents. Ang CLB ay base sa informant at hospital records, at may COB na pirmado ng kung sinuman ang attendant, pati na ang oras nang birth delivery.
Kaya ang mga SC justices ay may documentary at testimonial evidence na sila ay NBFC na maaring patunayan ng sinuman sa mga attendants o parents at ng hospital records. Subalit si GPL ay walang positive evidence ano pa man kung kailan at saan siya ipinanganak, kung sino nagpaanak sa kanya at kung sino parents niya. Kaya yung CLB ni GPL ay hindi puedeng panghawakan nang pagiging NBFC niya, at katawa-tawa na ihambing sa mga SC justices.
baycassays
Sadyang mahirap ipaliwanag ang hindi kayang ipaliwanag ninuman kahit pa sa pamamagitan ng paghahambing.
Kapag nakaukit sa Saligang Batas ang mga pupuwede lamang na mga tunay at likas na Pilipino walang Pilipinong nilalang ang makababago rito.
Naghihimutok marahil ang damdamin at kaisipan ni Hilbay. Tanging ang mga kasangga niyang mga mahistrado na lamang ang sasalba sa kaniya.
baycassays
Amiyendahan ang Saligang Batas…
‘Yan ang tamang proseso…
“Walang shortcut.“
‘Ika nga ni Mang Tony.
Marysays
I totally agree with Mang Tony.
vandersays
Bai is going upHill.
subsob ang lohika.
presumption ba ang facts?
hillooo!
kalakalasays
salamat@rene-ipil. ang liwanag na manloloko sila. sorry ito poe ay aking personal na opinion. kahit na si cj serano ay pinapatranslate pa kay comm lim sa tagalog kung anong ibig sabihin ng “material misrepresentation”. impossible na hindi nakita o nabasa ng mga justices itong CLB ni poe.
from inquirer.net feb. 16,2016: tanong ni manang susan kahapon sa taga lapaz market: “IF SHE isn’t Filipino, how did Sen. Grace Poe land in the Philippines?”
mooniesays
will the esteemed susan roces pls answer her own question? maybe she knows something we dont.
now, kung ihambing ko si grace sa contraband at smuggled goods, blue seal yong iba, she has a good reason to be in the philipines. there are many aliens and foreigners living in the philippines, and they’re not necessarily filipinos.
leonasays
Birth CERTIFICATES of Sen. Grace Poe LLamanzares: two (2)
Acc to Kit Tatad –
1st Birth Certificate:
“The first certificate of live birth, dated Nov. 27, 1968, shows that Mary Grace was born a foundling, and found in the parish church of Jaro, Iloilo on Sept. 3, 1968 at 9:30 am by Edgardo Militar who later put her in the custody of Emiliano Militar of Sta Isabel Street, Jaro.
But the typewritten document contains so many handwritten alterations, which render it void and worthless. It identifies the child as Mary Grace Natividad Contreras Militar, without indicating how she got her surname “Contreras Militar,” but this name is bracketed (as if for deletion) and on top of it is written “Sonora Poe.”
Its most fatal flaw, says Tatad, “is a handwritten note of seven short lines on its upper right hand saying the child was “adopted by the spouses Ronald Allan Poe and Jesusa Sonora Poe as per Court Order, Municipal Court, San Juan, Rizal, by Judge Alfredo Gorgonio dated May 13, 1974, under Special Proclamation No. 138.”
The order itself is legally questionable because adoption cases normally belong to the jurisdiction of the regional trial court, rather than to the municipal court. But the more important issue is, how did a legal document dated Nov. 27, 1968 manage to take cognizance of an adoption decision, which purportedly took place six years later?”
2nd Birth Certificate:
“The second certificate of live birth is no less invalid than the first.
Dated May 4, 2006, or 38 years after Mrs. Llamanzares was born, it was executed by Mrs. Jesusa Sonora Poe, her adoptive mother, who identifies the child no longer as Mary Grace Natividad Militar but rather as Mary Grace Sonora Poe, allegedly born to herself (Jesusa) and to her husband Ronald Allan Poe in Jaro, Iloilo City on Sept. 3, 1968, several months before they were married on Dec. 25, 1968 in Valenzuela, Bulacan.
“No medical or legal evidence exists,” says Tatad, “to show that Mrs. Poe ever conceived and delivered a child during her marriage to the famous actor Fernando Poe, Jr. who died on Dec. 13, 2004.”
[by Yen Makabenta – Feb. 19, 2016 MANILA TIMES]
Mr. Makabenta asks or says: ‘In presenting alternative birth certificates, Ms. Poe in effect is declaring that she has alternative parents, alternative names, and even alternative identities.’
Thus, TWO spurious Birth Certificates. [by Mr. Yen Makabenta] . . . Both certificates are spurious?
The interpretation of the citizenship provisions in the constitution has become a game of chance or a gamble by Solgen Hilbay’s proposal.
According to Solgen there is only .01% chance of having an alien born in the Philippines. Meaning that only 1 of 10,000 persons born in the Philippines is an alien. Solgen does not want to bet on 1:10,000 chance and prefers that a foundling be presumed NBFC right away to preclude any chance that the child is an alien.
Needless to say, there is much greater chance of finding a naturalized Filipino citizen than an alien. But the Solgen does not want such finding. He wishes to convert a foundling to NBFC right away because anyway there is only .01% chance that same child is an alien. To the Solgen it is a gamble and a losing bet for the SC to say that a foundling is an alien. Solgen does not even want to bet that a foundling is a naturalized Philippine citizen.
How many Filipinos are willing to bet on a super lotto game where the odds of winning is 1:40,000,000 (Wikipedia)? Maybe 40M if the bettors buy one ticket each. Meaning that 4,000 Filipinos have the chance of winning or finding GPL an alien if 40M Filipinos bet on it. Meaning also that 40M registered voters are willing to place a bet for the chance of winning a nice prize – a Roxas’, Binay or Duterte presidency – tagged on the finding that GPL is an alien.
I am sure that much more Filipinos are willing to place a greater bet to find that GPL is NON-NBFC and NOT qualified to run as president. But it is not for the SC to entertain any bet on finding that GPL is NBFC or non-NBFC. It is not for the SC to gamble on our children’s and grandchildren’s future.
baycassays
One magistrate is still in agony after yesterday’s POeRAL Args, especially that his ward had now resorted to statistics to appeal his legal maneuvers…
Mr. Jardeleza also deemed “odious and cruel” the pronouncements in the Comelec’s resolutions that “dangled” the possibility of a favorable ruling if a foundling can submit evidence to prove he is born to Filipino parents and therefore a natural-born citizen.
“The Comelec has an equal protection problem,” he observed.
Defending the Comelec’s resolutions, Mr. Lim said: “We respect your views, but we have thoroughly discussed this and we never reached the conclusion that we would be violating equal protection.”
Mr. Lim said that Ms. Poe’s was not simply a case involving a foundling. “There is reasonable basis to classify the petitioner as foundling vis-a-vis the 3,999 other foundlings who never renounced their country and who are not running for President of the Philippines,” he said.
“I respectfully submit that a closer and more careful scrutiny be given to the petitioner, who is incidentally a foundling,” he said. “We do not condemn her… but action always implies consequences.”
There you go, SolGen, only 1 over 3,999 is the statistics. Maaaring si Mary Grace lamang ang natatangi sa kaniyang kalagayan. Foundlings are not being discriminated.
baycassays
“Foundlings are natural-born citizens as a matter of right because it is safe to assume that their parents are Filipinos in the same way that it is is safe to assume that those with birth certificates indicating Filipino parentage are also natural-born Filipinos even if those papers are only prima facie proof of Filipino filiation,” Hilbay told the SC.
Hilbay must force his perceived ‘client’ to push for her untended bill–which seemingly renders the Certificate of Foundling equal to a Certificate of Live Birth–as battle cry.
Mary Grace’s slogan will now include…
“Ang Foundling Certificate poe ay katumbas rin poe ng Birth Certificate ng mga Pilipinong natural-born.
Sila poe’y iisa.”
baycassays
Baby Marciano may now be given a Philippine passport EVEN THOUGH he is not in possession of his late founder’s Philippine passport. (Baby Marciano’s founder died without having a Philippine passport.)
Calling on the DFA to revise their instructions/guidelines to Foundlings…in applying for and securing a Philippine passport.
baycassays
Oops…Sorry po…
Mas maganda pala…
“Sila poe ay iisa!”
…Ito po ang pagtutuwid ng mga barbero sa akin.
leonasays
‘Since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy.’
Is the SolGen a legal pragmatist?
‘Legal pragmatism is a theory critical of more traditional pictures of law and, more specifically, judicial decision-making. The classical view of law offers a case-based theory of law that emphasizes the universal and foundational quality of specifically legal facts, the meticulous analysis of precedent and argument from analogy.
Legal pragmatism, on the other hand, emphasizes the need to include a more diverse set of data and claims that law is best thought of as a practice that is rooted in the specific context at hand, without secure foundations, instrumental, and always attached to a perspective.
The Classical Picture of Judicial-Decision Making –
‘ The casebook method assumes that the essential and exhaustive materials for a legal decision are summed up in the published opinions that accompany the conclusion of controversies in court. ‘
‘What an attorney or, more importantly, a judge is supposed to look to so as to render the proper verdict are reasons offered and situations analyzed in previous decisions that seem relevantly similar. The data for the decision is therefore the casebook. From a set of precedents, of written court opinions, is distilled a general set of rules and a specific verdict in the controversy before the court. Given a legal controversy, the practitioner (judge, attorney or the like) looks at previous cases for similar situations and then tries to distill the reasons that have been accepted as legally relevant for his or her client’s position. From these sources a legal conclusion should be drawn.’
The Pragmatist’s Picture of Judicial Decision-Making –
‘Legal pragmatists think that such a picture of jurisprudence is severely flawed. The legal pragmatist thinks that the classical view is overly legalistic, naively rationalistic and based upon misunderstandings of legal institutions.’
‘ More specifically, legal pragmatists largely agree upon four main aspects of a pragmatist version of jurisprudence: (1) the important of context; (2) the lack of foundations; (3) the instrumental nature of law; and (4) the unavoidable presence of alternate perspectives.’
To assume that GPL is a NBFC without proof, with a case-precedent, no foundation or instrumental nature of law should be done away with in view of the unavoidable presence of alternate perspective and importance of context. Will the other SC justices subscribed to this view?
The CJ yes. J. Jardeleza yes. J. Leonen yes.
One can read the LINK on the article below on classical and pragmatist views in judicial-decision making.
Susan Roces denies Sonora is Grace Poe’s mom
02/16/2016 10:44 AM
Adrian Ayalin, ABS-CBN News
ILOILO – Actress Susan Roces debunked Tuesday rumors that her sister, Rosemarie Sonora, is the biological mother of her adoptive daughter, presidential aspirant and Senator Grace Poe.
“Bakit naman namin itatago yon kung totoo?” she said during a visit to La Paz Market and Central Market in Iloilo City.
Boss Johnny asks, “Will Susan admit that Mary Grace is FPJ’s biological daughter?”
vandersays
meron pa naman sigurong maniniwala kay inday susie..
mooniesays
mas marami yata ang maniniwala kay inday susie if her claims is backed up by dna evidence. it will surely close the lid once and for all about grace and rosemarie’s connection.
baycassays
Legal Fiction
Oh, how I love the part when Sereno acknowledged the legal fiction created by our adoption laws.
She wanted to impress upon Lim her proposal of fictionally legalizing too that foundlings are natural-borns. It’s just unfortunate that Lim cannot be swayed because there is no such law mandating that foundlings are indeed natural-borns.
Unless and until the Executive and the Legislative branches take an active part in granting foundlings their right to a nationality in concrete terms…
‘Judicial legislation’ is the only hope for foundlings. I already called it ‘legal engineering‘ or ‘legal acrobatics.’
vandersays
‘Judicial legislation’ is the only hope for foundlings. I already called it ‘legal engineering‘ or ‘legal acrobatics.’
if i may add: the cj can be an ‘architect in legalizing the nbc status of foundlings..:)
baycassays
Wow!
Sereno clearly explained, illustrated, exemplified that even ‘legal fiction’ needs legal basis.
Designing and erecting another one WITHOUT solid foundation will be a miracle.
baycassays
It’s small wonder that Hilbay banks on statistics to prove his case…
Little does he know (or, he is just playing dumb) that even statistics will not help him because the default operation is to specifically legislate on foundlings and most States specifically provided nationality laws for foundlings.
I believe UNHCR helps States in carrying out legal reforms. Hilbay may get assistance from there and not from a statistician.
mooniesays
dapat sinabi ni hilbay na 99.99 per cent of foundlings . . . kahit cesarian, foundlings still have to be born. they maybe conceived in a test tube, but they still have tto be gestated in a human womb.
by the way, I did not hear hilbay quoting the source/s of the statistics na ginamit niya. to be current and relevant, sources would have to be no older than 5yrs. statistics like demographics change with time and are always being updated.
medyo mahina ang panindigan ni hilbay, law is not supportive of him. statistics may serve his purpose but only if it is current.
mooniesays
if hilbay is using statistics found in medical and midwifery journals, he ought to let us know the volume and edition of said journals. so we know that he is not just making up statistics as he go along.
Ancient Marinersays
Until Hilbay does as you suggest his statements are simply HEARSAY.
mooniesays
methink, hilbay is bluffing his way in.
vandersays
ang logic ni Gil Bai ay malapit sa depensa ni sotto sa RHbill argument.
hindi kaya pareho sila ni sottocopy ng resercher?
nag-e-ensayo na si pacman sa paghabi ng batas.
unang experiment niya ay sa hayop.
matatandaang si erap ay nagpalabas ng batas para sa kalabaw.
ang pagpaparami nito.
kung darami ang hayop na pwedenfg isali sa olympics, aba, maganda iyon.
mooniesays
pacman needs to brush up on biology. humans are animals too, warm blooded animals belonging to kingdom animalia. we are mammals.
Dapat manood din c pakman ng nat geo, don malalaman nya na ang mga bonobos, pamilya ng chimpanzees, ay may mga homosexual tendencies din.
And the chimps are closest to humans. 4% lang yata ang dna diference, sa pagkakatanda ko.
At sa pagkakatanda or pagkakaintìndi ko sa sodom and gomura ay dahil HINDI nirespeto ng ilang tao ang mga bisita ni Lot. Ginawang dahilan ang lifestyle ng mga nakakaramin gnaninirahan doon para ” durugin” ang lugar.
kalakalasays
what’s happening with our judicial system? imo they are using mercy and compassion and statistics to let the filipino people carry their crosses (passion) from pressure para lamang sa IISANG FOUNDLING.
mooniesays
honestly, I think, judges in the supreme court are used to working under pressure. cases before them are almost always stressful with high profiles individuals wanting justice, soonest if possible. kung ihahambing, judges are like students in some way, they have to get used to sitting and studying for exams and exams are always stressful. you have to be prepped and ready, willing and able, and come on time. come late, and the door is closed. days and hours spent studying all boils down to few pages of exam papers to be answered in an hour or less.
judges know how to de-pressurized and de-personalized. part of the job yan. they take study leaves, vacations and rest and relaxations at may mga masahista pa nga yong iba.
under pressure ang mga judges? commuters are under pressure din nakipagsiksikan sa mrt at lrt. some of them patakbo-takbo and have not eaten breakfast. most of them cannot afford masahistas, and their pay are lesser than judges’.
martial_law_babysays
Pasensya na po, hindi po ako abogado. Pero hindi ko alam kung ang SolGen ba ay tunay na abogado o isang statistician. Ang tanging depensa nya kay GPL ay yung pinagpipilitan nyang statistic na 99% ng mga foundling ay natural born. Ganun ba yun, can it stand on legal grounds? So kung sakaling nasasalang na si jejomar binay sa kasong plunder, pwede nya bang depensa na base sa statistics 99% ng mga maiitim at pandak ay napagbibintangan lang at hindi totoong magnanakaw? I know it sounds like a stupid argument, but so is the SolGen’s. I have lost faith in the law profession. Itong si Solgen napakabata pero napaka tanga. Pasensya na sa bulalas ko, hindi ko na talaga mapigilan. Mukhang beyond redemption na ang bansa natin kung ganyang klase ng mga abogado ang mapo produce natin.
mooniesays
martial, lawyers have been known to bluff. it’s one of the tricks they learned early on in their professional life. many do get away with bluffs dahil who would question them? they looked so convincing and so authoritative! lawyers make good liars, always.
mooniesays
lawyers know how to withhold the truth, they’ll tell the truth eventually, bit by bit. and in the meantime, we’ll be treated to a circus,and the longer that circus is played, the more they got paid. all in due process, he, he, he.
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Kamison says
sinu at anu naman ang ‘natural-born citizen’ sa Stateside, taté
Court to hear arguments on Cruz’s eligibility to run for president
Read more at http://www.trunews.com/court-to-hear-arguments-on-cruzs-eligibility-to-run-for-president/#UAfmRxc8M7MyTi5t.99
Rene-Ipil says
Mary, UB, KH, KK and others.
I believe that whoever wins among the presidential candidates would fail to improve for the better the current conditions in the country unless he or she is elected by the majority – 50% plus 1 – of all the voters. Or he or she successfully institutes radical reforms under a revolutionary government.
And we all know that a revolutionary government usually metamorphoses into a dictatorship. Cory was an exception simply because she did not want it. Even if she wanted, she could not do it due to the fractious police and military organizations at the time.
The present government structure would ensure that the judiciary, legislative and executive departments would erase whatever gains that the Pnoy administration had achieved. In fact the satisfaction and approval ratings of Pnoy had already been eroded lately. That is four months before he steps down as president.
In the JUDICIARY the handling of GPL DQ case is Exhibit J-1, Enrile bail as Exhibit J-2, Binays’ cases as Exhibit J-3, Marcos cases as Exhibit J-4, Sereno and Jardeleza as Exhibit J-5, etc.
In the LEGISLATIVE the proposed FOI law is Exhibit L-1, Anti-Political Dynasty law as Exhibit L-2, PDAF as Exhibit L-3, Pacquiao as Exhibit L-4, Sotto as Exhibit L-5, etc.
In the EXECUTIVE criminality is Exhibit E-1, port and traffic congestion as Exhibit E-2, low agricultural productivity as Exhibit E-3, rampant smuggling as Exhibit E-4, Mamasapano fiasco as Exhibit E-5, illegal drugs as Exhibit E-6, Hilbay as Exhibit E-7, etc.
I propose that a CLEANSING of the government be instituted by the next president with the approval of the people in a plebiscite called for such purpose. But such drastic move could only be initiated and implemented to its successful conclusion by a president elected by the majority of the voters.
Let us amend the constitution to cleanse the whole government. Transform the government into an appropriate structure and declare all positions in the executive, legislative, judiciary, constitutional commissions, etc. vacant through a plebiscite. All the present holders of these positions shall continue discharging their functions until replaced by appointment or election.
The president or anybody authorized by the new constitution shall be empowered to replace or retain any appointive government officials and employees. A general election shall be called for elective positions IAW the government structure approved by the people.
I think that a “majority” president is attainable if the present crop of presidential candidates is effectively reduced into a maximum of three, Miriam included. I pray that GPL is disqualified; Binay is jailed and Miriam quits – voluntary or involuntary. Indeed, the late Señeres, whose name remains in the ballot for now, quit the race for good even before the COMELEC approval of his move to withdraw.
baycas says
Batas Marcos
Malaon nang tapos
Angkang Marcos
Matagal nang laos!
Kamulatan ba’y kapos
Sa kabuktutang agos?
‘Di bale nang mamaos
‘Wag lang ibalik ang Marcos!
Mary says
We must emphasize to the masa voters the reality that the next President can change the composition of the next Supreme Court. The genuine fight for corruption hinges on the reforms in the Judicial Department. With one alleged plunderer candidate fighting for his survival (another six years of immunity from court cases) who is still lording it over in the surveys, we are truly in a dilemma – “Between the devil and the deep blue sea” i.e., to choose between two undesirable situations (equivalent to “between a rock and a hard place”), what with the next popular contender who is surrounded by the rest of the Marcos mafia.
Survey or no survey, I will stick to MY principled choice, and will help them win, limited as I am with this erratic BP and work schedules. The fight against Marcos seemed hopeless then, same with the Estrada regime, but the people won. I have said it before and will say it again – this is a fight between good and evil, if that makes me yellow, then so be it. I’m proud to be yellow, I’m not being overly moralist as I am a sinner just trying to be good, although failing most of the time. My preferred candidates are not perfect, but no man is, they are the best candidate for me.
NEVER AGAIN to a Marcos style regime.
RORO.
uprightbike says
Yellows are fighting an old war while Marcos remnants and other like-minded politicians are fighting new war. There is no way fighters of old war can win over fighters of new war.
My take is that for RORO to win, yellows must adopt newer slogans and tactics and adapt themselves to the new political reality.
The “masa” will never understand the ills of martial law which happened decades ago.
And in any election in the country, one can never win without the support of the masa.
But RoRo can still win over the masa by promising them everything as what his foes are doing.
To quote Quezon telling Osmena: ‘The trouble with you ( Osmena) you look too far ahead…” All that the masses want to hear is a solution to their present problem. And a simple promise will turn them in.
Sad, but that is the reality.
Mary says
That is what the 4Ps is all about, a solution to their present problem, while laying down the foundation for their more permanent upliftment.
You may not believe it, but we yellows are into social media too.
Multi tasking, my friend.
uprightbike says
I do not know the real impact of 4Ps in relation to the chance of Roxas.
Believe me , I can cite countless persons I have talked to, all beneficiaries of 4Ps. and their mindset is that they are entitled to the cash benefits so will still vote for Binay as Binay is more approachable.
I do not want to over inflate the effects of 4Ps, i do not want to be disappointed.
Try to live with the 4Ps beneficiaries in Navotas.
If LP will rely on 4Ps beneficiaries as a huge reservoir of support, they will be in for a huge disappointment.
The “masa” do not think and act as what armchair political strategists picture them to be.
Roxas giving them cash, Binay giving them hope, who will they vote.
Roxas, promise them anything, they will like you. Not a ” Daang Matuwid” slogan for they will not understand it.
Roxas, there is still time but if you insist on your campaign strategy, SA Kangkungan ka pupulitin.”
Kalahari says
Mar must follow to the letter the war strategy of 5-star Gen. Douglas MacArthur – “In war, there’s no substitute for victory.”
Use all the resources at your disposal, legal or not-so-legal or even a hydrogen bomb, just to win the war
uprightbike says
AGREE>
netty says
“In war, there’s no substitute for victory.” Very sweet words. Sadly, in Mamasapano’s moment of need and a prayer for victory, no hydrogen bomb was fired,, pfftt …then everyone heard the sound of silence and the smell of death.
I tend to believe that it is an illusion,
“Your vote is meaningless , when the system is corrupt.”
kalakala says
i think it’s not only in the phil. that gives the 4Ps. actually rich countries are doing this long before maybe we are born (1968). just wkat MAR said that he will make phil. a rich country. we are on the right straight track.
look at makati city, just recently backpay (unpaid due them) to the teachers were given amounting to 60,000.00 – 100,000.00 each.
Rene-Ipil says
Mukhang pilit na pilit at katawa-tawa yung CLB theory ni Solgen. Ayon Kay Solgen yung CLB ng mga SC justices ay presumption din yung nakasulat na parents tulad ng kay GPL. At presumed din na NBFC ang mga SC justices.
Sa tunay na CLB ay indicated yung parents, place of birth (POB), name of attendant (physician, nurse, hilot or midwife), certification of birth (COB) regarding date and time, and name of informant. Sa CLB ni GPL, nakasulat ang Jaro, Iloilo as POB at Susan as mother. Vacant yung para sa attendant at COB. Si Susan ang informant. Ang CLB ay na-register May 2006 o dalawang buwan bago magpetisyon si GPL sa BID nuong July 2006 o makalipas ang 38 taon nang siya ay matagpuan sa simbahan.
Sa CLB ni GPL, yung space para sa attendant at COB ay vacant dahil hindi alam kung sino ang nagpaanak at kailan siya ipinanganak. Yung POB ay presumed kung saan siya natagpuan. Sa CLB ng karaniwang tao ay nakasulat yung sa parents, POB, attendant at informant. Ang informant ay puedeng yung attendant o isa sa parents. Ang CLB ay base sa informant at hospital records, at may COB na pirmado ng kung sinuman ang attendant, pati na ang oras nang birth delivery.
Kaya ang mga SC justices ay may documentary at testimonial evidence na sila ay NBFC na maaring patunayan ng sinuman sa mga attendants o parents at ng hospital records. Subalit si GPL ay walang positive evidence ano pa man kung kailan at saan siya ipinanganak, kung sino nagpaanak sa kanya at kung sino parents niya. Kaya yung CLB ni GPL ay hindi puedeng panghawakan nang pagiging NBFC niya, at katawa-tawa na ihambing sa mga SC justices.
baycas says
Sadyang mahirap ipaliwanag ang hindi kayang ipaliwanag ninuman kahit pa sa pamamagitan ng paghahambing.
Kapag nakaukit sa Saligang Batas ang mga pupuwede lamang na mga tunay at likas na Pilipino walang Pilipinong nilalang ang makababago rito.
Naghihimutok marahil ang damdamin at kaisipan ni Hilbay. Tanging ang mga kasangga niyang mga mahistrado na lamang ang sasalba sa kaniya.
baycas says
Amiyendahan ang Saligang Batas…
‘Yan ang tamang proseso…
‘Ika nga ni Mang Tony.
Mary says
I totally agree with Mang Tony.
vander says
Bai is going upHill.
subsob ang lohika.
presumption ba ang facts?
hillooo!
kalakala says
salamat@rene-ipil. ang liwanag na manloloko sila. sorry ito poe ay aking personal na opinion. kahit na si cj serano ay pinapatranslate pa kay comm lim sa tagalog kung anong ibig sabihin ng “material misrepresentation”. impossible na hindi nakita o nabasa ng mga justices itong CLB ni poe.
from inquirer.net feb. 16,2016: tanong ni manang susan kahapon sa taga lapaz market: “IF SHE isn’t Filipino, how did Sen. Grace Poe land in the Philippines?”
moonie says
will the esteemed susan roces pls answer her own question? maybe she knows something we dont.
now, kung ihambing ko si grace sa contraband at smuggled goods, blue seal yong iba, she has a good reason to be in the philipines. there are many aliens and foreigners living in the philippines, and they’re not necessarily filipinos.
leona says
Birth CERTIFICATES of Sen. Grace Poe LLamanzares: two (2)
Acc to Kit Tatad –
1st Birth Certificate:
“The first certificate of live birth, dated Nov. 27, 1968, shows that Mary Grace was born a foundling, and found in the parish church of Jaro, Iloilo on Sept. 3, 1968 at 9:30 am by Edgardo Militar who later put her in the custody of Emiliano Militar of Sta Isabel Street, Jaro.
But the typewritten document contains so many handwritten alterations, which render it void and worthless. It identifies the child as Mary Grace Natividad Contreras Militar, without indicating how she got her surname “Contreras Militar,” but this name is bracketed (as if for deletion) and on top of it is written “Sonora Poe.”
Its most fatal flaw, says Tatad, “is a handwritten note of seven short lines on its upper right hand saying the child was “adopted by the spouses Ronald Allan Poe and Jesusa Sonora Poe as per Court Order, Municipal Court, San Juan, Rizal, by Judge Alfredo Gorgonio dated May 13, 1974, under Special Proclamation No. 138.”
The order itself is legally questionable because adoption cases normally belong to the jurisdiction of the regional trial court, rather than to the municipal court. But the more important issue is, how did a legal document dated Nov. 27, 1968 manage to take cognizance of an adoption decision, which purportedly took place six years later?”
2nd Birth Certificate:
“The second certificate of live birth is no less invalid than the first.
Dated May 4, 2006, or 38 years after Mrs. Llamanzares was born, it was executed by Mrs. Jesusa Sonora Poe, her adoptive mother, who identifies the child no longer as Mary Grace Natividad Militar but rather as Mary Grace Sonora Poe, allegedly born to herself (Jesusa) and to her husband Ronald Allan Poe in Jaro, Iloilo City on Sept. 3, 1968, several months before they were married on Dec. 25, 1968 in Valenzuela, Bulacan.
“No medical or legal evidence exists,” says Tatad, “to show that Mrs. Poe ever conceived and delivered a child during her marriage to the famous actor Fernando Poe, Jr. who died on Dec. 13, 2004.”
[by Yen Makabenta – Feb. 19, 2016 MANILA TIMES]
Mr. Makabenta asks or says: ‘In presenting alternative birth certificates, Ms. Poe in effect is declaring that she has alternative parents, alternative names, and even alternative identities.’
Thus, TWO spurious Birth Certificates. [by Mr. Yen Makabenta] . . . Both certificates are spurious?
leona says
Link
http://www.manilatimes.net/alternative-births-the-falsification-of-a-political-life/219132/
Rene-Ipil says
The interpretation of the citizenship provisions in the constitution has become a game of chance or a gamble by Solgen Hilbay’s proposal.
According to Solgen there is only .01% chance of having an alien born in the Philippines. Meaning that only 1 of 10,000 persons born in the Philippines is an alien. Solgen does not want to bet on 1:10,000 chance and prefers that a foundling be presumed NBFC right away to preclude any chance that the child is an alien.
Needless to say, there is much greater chance of finding a naturalized Filipino citizen than an alien. But the Solgen does not want such finding. He wishes to convert a foundling to NBFC right away because anyway there is only .01% chance that same child is an alien. To the Solgen it is a gamble and a losing bet for the SC to say that a foundling is an alien. Solgen does not even want to bet that a foundling is a naturalized Philippine citizen.
How many Filipinos are willing to bet on a super lotto game where the odds of winning is 1:40,000,000 (Wikipedia)? Maybe 40M if the bettors buy one ticket each. Meaning that 4,000 Filipinos have the chance of winning or finding GPL an alien if 40M Filipinos bet on it. Meaning also that 40M registered voters are willing to place a bet for the chance of winning a nice prize – a Roxas’, Binay or Duterte presidency – tagged on the finding that GPL is an alien.
I am sure that much more Filipinos are willing to place a greater bet to find that GPL is NON-NBFC and NOT qualified to run as president. But it is not for the SC to entertain any bet on finding that GPL is NBFC or non-NBFC. It is not for the SC to gamble on our children’s and grandchildren’s future.
baycas says
One magistrate is still in agony after yesterday’s POeRAL Args, especially that his ward had now resorted to statistics to appeal his legal maneuvers…
There you go, SolGen, only 1 over 3,999 is the statistics. Maaaring si Mary Grace lamang ang natatangi sa kaniyang kalagayan. Foundlings are not being discriminated.
baycas says
Hilbay must force his perceived ‘client’ to push for her untended bill–which seemingly renders the Certificate of Foundling equal to a Certificate of Live Birth–as battle cry.
Mary Grace’s slogan will now include…
baycas says
Baby Marciano may now be given a Philippine passport EVEN THOUGH he is not in possession of his late founder’s Philippine passport. (Baby Marciano’s founder died without having a Philippine passport.)
Calling on the DFA to revise their instructions/guidelines to Foundlings…in applying for and securing a Philippine passport.
baycas says
Oops…Sorry po…
Mas maganda pala…
…Ito po ang pagtutuwid ng mga barbero sa akin.
leona says
‘Since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy.’
Is the SolGen a legal pragmatist?
‘Legal pragmatism is a theory critical of more traditional pictures of law and, more specifically, judicial decision-making. The classical view of law offers a case-based theory of law that emphasizes the universal and foundational quality of specifically legal facts, the meticulous analysis of precedent and argument from analogy.
Legal pragmatism, on the other hand, emphasizes the need to include a more diverse set of data and claims that law is best thought of as a practice that is rooted in the specific context at hand, without secure foundations, instrumental, and always attached to a perspective.
The Classical Picture of Judicial-Decision Making –
‘ The casebook method assumes that the essential and exhaustive materials for a legal decision are summed up in the published opinions that accompany the conclusion of controversies in court. ‘
‘What an attorney or, more importantly, a judge is supposed to look to so as to render the proper verdict are reasons offered and situations analyzed in previous decisions that seem relevantly similar. The data for the decision is therefore the casebook. From a set of precedents, of written court opinions, is distilled a general set of rules and a specific verdict in the controversy before the court. Given a legal controversy, the practitioner (judge, attorney or the like) looks at previous cases for similar situations and then tries to distill the reasons that have been accepted as legally relevant for his or her client’s position. From these sources a legal conclusion should be drawn.’
The Pragmatist’s Picture of Judicial Decision-Making –
‘Legal pragmatists think that such a picture of jurisprudence is severely flawed. The legal pragmatist thinks that the classical view is overly legalistic, naively rationalistic and based upon misunderstandings of legal institutions.’
‘ More specifically, legal pragmatists largely agree upon four main aspects of a pragmatist version of jurisprudence: (1) the important of context; (2) the lack of foundations; (3) the instrumental nature of law; and (4) the unavoidable presence of alternate perspectives.’
To assume that GPL is a NBFC without proof, with a case-precedent, no foundation or instrumental nature of law should be done away with in view of the unavoidable presence of alternate perspective and importance of context. Will the other SC justices subscribed to this view?
The CJ yes. J. Jardeleza yes. J. Leonen yes.
One can read the LINK on the article below on classical and pragmatist views in judicial-decision making.
leona says
http://www.iep.utm.edu/leglprag/
baycas says
http://abs-cbn.com/nation/02/16/16/susan-roces-denies-sonora-is-grace-poes-mom/
Boss Johnny asks, “Will Susan admit that Mary Grace is FPJ’s biological daughter?”
vander says
meron pa naman sigurong maniniwala kay inday susie..
moonie says
mas marami yata ang maniniwala kay inday susie if her claims is backed up by dna evidence. it will surely close the lid once and for all about grace and rosemarie’s connection.
baycas says
Legal Fiction
Oh, how I love the part when Sereno acknowledged the legal fiction created by our adoption laws.
She wanted to impress upon Lim her proposal of fictionally legalizing too that foundlings are natural-borns. It’s just unfortunate that Lim cannot be swayed because there is no such law mandating that foundlings are indeed natural-borns.
Unless and until the Executive and the Legislative branches take an active part in granting foundlings their right to a nationality in concrete terms…
‘Judicial legislation’ is the only hope for foundlings. I already called it ‘legal engineering‘ or ‘legal acrobatics.’
vander says
‘Judicial legislation’ is the only hope for foundlings. I already called it ‘legal engineering‘ or ‘legal acrobatics.’
if i may add: the cj can be an ‘architect in legalizing the nbc status of foundlings..:)
baycas says
Wow!
Sereno clearly explained, illustrated, exemplified that even ‘legal fiction’ needs legal basis.
Designing and erecting another one WITHOUT solid foundation will be a miracle.
baycas says
It’s small wonder that Hilbay banks on statistics to prove his case…
Little does he know (or, he is just playing dumb) that even statistics will not help him because the default operation is to specifically legislate on foundlings and most States specifically provided nationality laws for foundlings.
I believe UNHCR helps States in carrying out legal reforms. Hilbay may get assistance from there and not from a statistician.
moonie says
dapat sinabi ni hilbay na 99.99 per cent of foundlings . . . kahit cesarian, foundlings still have to be born. they maybe conceived in a test tube, but they still have tto be gestated in a human womb.
by the way, I did not hear hilbay quoting the source/s of the statistics na ginamit niya. to be current and relevant, sources would have to be no older than 5yrs. statistics like demographics change with time and are always being updated.
medyo mahina ang panindigan ni hilbay, law is not supportive of him. statistics may serve his purpose but only if it is current.
moonie says
if hilbay is using statistics found in medical and midwifery journals, he ought to let us know the volume and edition of said journals. so we know that he is not just making up statistics as he go along.
Ancient Mariner says
Until Hilbay does as you suggest his statements are simply HEARSAY.
moonie says
methink, hilbay is bluffing his way in.
vander says
ang logic ni Gil Bai ay malapit sa depensa ni sotto sa RHbill argument.
hindi kaya pareho sila ni sottocopy ng resercher?
Sup says
Sotto is nothing compared to pacman’s animals…
http://newsinfo.inquirer.net/765459/pacquiao-likens-gays-to-animals-draws-flak
Actually…maybe they are on the same level..
vander says
nag-e-ensayo na si pacman sa paghabi ng batas.
unang experiment niya ay sa hayop.
matatandaang si erap ay nagpalabas ng batas para sa kalabaw.
ang pagpaparami nito.
kung darami ang hayop na pwedenfg isali sa olympics, aba, maganda iyon.
moonie says
pacman needs to brush up on biology. humans are animals too, warm blooded animals belonging to kingdom animalia. we are mammals.
Sup says
Here we go………Goodbye Nike….
http://espn.go.com/boxing/story/_/id/14793389/nike-ends-endorsement-contract-manny-pacquiao
rOSARIO says
Dapat manood din c pakman ng nat geo, don malalaman nya na ang mga bonobos, pamilya ng chimpanzees, ay may mga homosexual tendencies din.
And the chimps are closest to humans. 4% lang yata ang dna diference, sa pagkakatanda ko.
At sa pagkakatanda or pagkakaintìndi ko sa sodom and gomura ay dahil HINDI nirespeto ng ilang tao ang mga bisita ni Lot. Ginawang dahilan ang lifestyle ng mga nakakaramin gnaninirahan doon para ” durugin” ang lugar.
kalakala says
what’s happening with our judicial system? imo they are using mercy and compassion and statistics to let the filipino people carry their crosses (passion) from pressure para lamang sa IISANG FOUNDLING.
moonie says
honestly, I think, judges in the supreme court are used to working under pressure. cases before them are almost always stressful with high profiles individuals wanting justice, soonest if possible. kung ihahambing, judges are like students in some way, they have to get used to sitting and studying for exams and exams are always stressful. you have to be prepped and ready, willing and able, and come on time. come late, and the door is closed. days and hours spent studying all boils down to few pages of exam papers to be answered in an hour or less.
judges know how to de-pressurized and de-personalized. part of the job yan. they take study leaves, vacations and rest and relaxations at may mga masahista pa nga yong iba.
under pressure ang mga judges? commuters are under pressure din nakipagsiksikan sa mrt at lrt. some of them patakbo-takbo and have not eaten breakfast. most of them cannot afford masahistas, and their pay are lesser than judges’.
martial_law_baby says
Pasensya na po, hindi po ako abogado. Pero hindi ko alam kung ang SolGen ba ay tunay na abogado o isang statistician. Ang tanging depensa nya kay GPL ay yung pinagpipilitan nyang statistic na 99% ng mga foundling ay natural born. Ganun ba yun, can it stand on legal grounds? So kung sakaling nasasalang na si jejomar binay sa kasong plunder, pwede nya bang depensa na base sa statistics 99% ng mga maiitim at pandak ay napagbibintangan lang at hindi totoong magnanakaw? I know it sounds like a stupid argument, but so is the SolGen’s. I have lost faith in the law profession. Itong si Solgen napakabata pero napaka tanga. Pasensya na sa bulalas ko, hindi ko na talaga mapigilan. Mukhang beyond redemption na ang bansa natin kung ganyang klase ng mga abogado ang mapo produce natin.
moonie says
martial, lawyers have been known to bluff. it’s one of the tricks they learned early on in their professional life. many do get away with bluffs dahil who would question them? they looked so convincing and so authoritative! lawyers make good liars, always.
moonie says
lawyers know how to withhold the truth, they’ll tell the truth eventually, bit by bit. and in the meantime, we’ll be treated to a circus,and the longer that circus is played, the more they got paid. all in due process, he, he, he.