1. This is NOT my fight and this should not be the people’s fight as well. Our fight should be with Gloria Macapagal Arroyo and we should not be distracted from this. She’s about to appoint a new AFP Chief of Staff and a new Chief Justice in March. These appointments and how they will be done (particularly for the CJ) would be indicators of whether she has plans of stepping down or not. Aside from these, the prospect of the failure of elections scenario is still up in the air. In short, anything that deflects attention from her is playing according to her script. We must always remain vigilant and must never underestimate her.

2. It is a graft case and not an ethics case. Bulk of the evidence presented dealt with acts committed as early 1999 when Sen. Villar was still a congressman and during his first term as Senator. I believe that ethics cases should only cover acts committed after the mandate was given which, in this case, is 2007. With that, the only evidence left would be the double insertion in the General Appropriations Act (GAA). The problem is, the draft of the GAA was approved and presented to the plenary by the Finance Committee which was then headed by Sen. Juan Ponce Enrile. Said GAA was later on approved by the majority in the Senate. Therefore, assuming there were double insertions, it was the responsibility of Sen. Enrile’s staff to scrutinize the GAA and correct all anomalies and typo errors before being approved by Sen. Enrile. When it was approved by Sen. Enrile and presented to the plenary, it now became the responsibility of each Senator to scrutinize it again before approving it. Therefore, all those who voted for the approval of the GAA became equally liable for that double insertion.

An ethics case is similar to an honor violation being tried by the Honor Committee in PMA. Regardless, whether you have been caught shoplifting or was expelled for cheating before you became a cadet, only acts or honor violations committed as a cadet are covered or considered by the Honor Committee.
My recommendation, therefore, is to have this case filed before the Ombudsman so that all the evidence can be considered and the appropriate penalties be meted out. If the ulterior motive is to destroy the credibility of Sen. Villar in relation to his candidacy then it should have the same impact since the media can always cover it there. Otherwise, if it’s done in the Senate, it would not only undermine the said institution (which, ironically, everybody claims to protect) but also create a very dangerous precedent.

3. Sen. Noynoy Aquino should have taken the moral high ground by abstaining from the proceedings. Sen. Aquino has been painted as the “moral choice” and one way to affirm this is by publicly stating that in order not to be perceived as being involved in the political harassment of a fellow candidate for president, he would just abstain from the entire proceedings. Sen. Aquino is in a position to take the election campaigning to a higher plane and must do so at every turn.

The Manila Times.Net; 24 January 2010

THE Magdalo group has joined the call for the term extension of General Victor Ibrado, saying it would be embarrassing for the Armed Forces of the Philippines (AFP) if the present administration would appoint a new chief of staff.

According to First Lt. Ashley Acedillo, Magdalo group spokesman, Ibrado’s extension could be the best solution as there is a big chance that the incoming administration would replace the new appointee.

Acedillo said it would not be good for the military institution if Army Chief Lt. Gen. Delfin Bangit, one of the strongest candidates for Armed Forces’ top post, is appointed because of his connection with President Gloria Arroyo.

Bangit, a member of the Philippine Military Academy Class of 1978 that adopted the President, is said to be extremely loyal to Mrs. Arroyo.

“Deserving or not, he will always carry that over his head, and the AFP does not need that kind of baggage. [It is best] to insulate the AFP from such insinuations,” Acedillo added.

But Executive Secretary Eduardo Ermita said the President has not made any decision on the issue.

Asked if Bangit would take over if the President would allow Ibrado to retire, Ermita said “it is just speculations,” adding Mrs. Arroyo will consider the fact that there are officers more senior than Bangit.

“I have no idea of the plans of the president because she has not discussed this matter with us. But in principle, the President can extend the term of general officers and for that matter even the chief of staff,” he said.

Ermita said Mrs. Arroyo extended the term of the former Armed Forces Chief of Staff Gen. Hermogenes Esperon. The late President Corazon Aquino also extended the term of former Armed Forces chief Renato de Villa who served from 1988 to 1992.

If appointed, Bangit will bypass senior military officers of PMA Class of 1977, several of whom are strong contenders for the highest military position.

The President is barred from making new appointments two months before the election and until the end of her term on June 30.

The Magdalo spokesman said most of the military generals that would likely replace Ibrado, who is turning 56 and retiring in March, will stay only until after the elections. The next president can renew his appointment and make it permanent, or he may choose a new Armed Forces chief of staff.

“The next president who will most likely come from the opposition will definitely appoint a different chief of staff, so the best solution would be to extend the term of Ibrado,” Acedillo said.

Acedillo also noted that Ibrado’s extension would boost the confidence of the electorate and the people in general, because he is known to be professional and nonpartisan.

In a related development, Defense Secretary Norberto Gonzales reminded the AFP of its role in the May election and that is to safeguard its sanctity and not to engage in partisan politics and more so in cheating.

The Defense chief emphasized to the military officers the need for the AFP to regain the people’s respect and trust in its
professionalism. He said this is the reason he had put the AFP at the full disposal of the Commission on Elections.

“In the coming election, we will be there. We will be performing our job. I want us to prove that the AFP is the true guardian of our democracy,” Gonzales explained.

Sen. Trillanes

The Inter-Parliamentary Union urged the Philippine Senate to act on the resolution allowing him to perform his dutiees as elected senator noting that his six-year detention, despite his not having been convicted of any crime, is a violation of his basic rights.

In its letter to majority floor leader Senator Miguel Zubiri to act on a 2008 Senate resolution allowing detained Senator Antonio Trillanes IV to participate in the sessions and other legislative functions through remote or electronic means.

They called on authorities to “ensure that the resolution is implemented without further delay.”

“The Philippines is a party to the International Covenant on Civil and Political Rights which enshrines fair trial guarantees and that, as a member of the United Nations Human Rights Council, it has pledged to uphold the highest standards of human rights,” said the IPU.

With 150 members, the IPU is the official international organization of the parliaments of the world’s sovereign states. It was established in 1889 and is currently based in Geneva, Switzerland.

The IPU lamented that not implementing the resolution prevents Trillanes from exercising his mandate meaningfully and deprives his electorate of representation in parliament.

Zubiri did not submit the required report on the resolution but the Senate President had already approved the proposed videoconferencing project with the necessary budget in place since June 2009, according to the Governing Council.

They expressed concern that Trillanes has been on trial and remains in detention for more than six years, a violation of his fundamental rights based on international jurisprudence.

His allegations of graft and corruption against the Armed Forces of the Philippines also merit further investigation, the IPU stressed.

In a press statement, Zubiri threw back a question to the IPU: “So, my question to the letter of the IPU is: is there a parliament anywhere around the world that allows legally detained members to participate in their sessions?

“So far, all resource persons that I have spoken to and who attended the hearing could not point to any. They pointed out parliaments in the world that allow electronic voting and electronic participation, but those are for members of parliaments that are on official mission, not legally detained or are prisoners of their judicial system. That is a big question that still has to be answered.”

Zubiri said the Committee on Rules has already drafted a proposed resolution to be tackled on the floor. Under the proposed draft resolution Sen. Antonio Trillanes IV will be allowed to participate in committee activities, or hearings through interaction with the senators and resource persons.

“Under the draft resolution, a duly elected Senator under judicial detention prior to conviction may be allowed to participate in any committee proceedings and cannot vote nor can he participate in any plenary sessions. Why? Because under the 1987 Constitution, Senate Rules and the rules of most parliaments around the world, the presence of the legislator is needed in voting and in the establishment of a quorum. Therefore, if the senator is not present in plenary, he cannot participate in any parliamentary activity.

“The proposed draft resolution which is still subject to plenary debate provides that such participation shall be subject to the authority granted by the court having jurisdiction to the case.

“It is up to the judge to allow him to participate or not because he is under the jurisdiction of a separate branch of government. And, as a legally detained person, jurisdiction of his liberties is up to the judge handling his case. Any lawyer can tell you that.”

“As to the IPU itself, during our initial hearings on the said resolution, no resource person could point to any parliament in the world that allows legally detained parliamentarians to interact and perform their duties with their respective parliaments.

“There is not one that could be presented. Therefore, this discussion took a long time because it could result into a precedent of sort. That we (the Philippines) maybe the first parliament in the world that will allow judicially detained members of Congress to perform their duties while their case is pending in the court.”

“Legal luminaries have questioned the special privileges given to those individuals because under the law all prisoners or judicial detainees have limited rights; giving a particular group such special privileges maybe “unconstitutional.” That is why during our initial hearing almost all our legal luminaries in the Senate were against the proposal. They include Sen. Joker Arroyo, Sen. Richard Gordon, Sen. Francis Pangilinan, Sen. Edgardo Angara and Sen. Miriam Defensor-Santiago.

“So, there is still a big legal question. Nevertheless I, as a Majority Leader will finalize and present the proposed draft resolution to be discussed in plenary, and will request the authors of the said resolution especially Sen. Pimentel who is the legal luminary of the group of individuals who filed the resolution to defend the legal question.

Let Trillanes fulfill his mandate

By Ellen Tordesillas

Senate Majority Floorleader Miguel Zubiri should not worry about the Philippines setting a precedent in allowing a detained senator to fulfill his duties to the people.

The Philippines has already set a precedent for having a president who has never been elected to that position by the people.

Zubiri, defending his sitting on a Senate resolution allowing detained Senator Antonio Trillanes IV to participate in the sessions and other legislative functions through remote or electronic Zubiri asked, “Is there a parliament anywhere around the world that allows legally detained members to participate in their sessions?”

Zubiri’s press statement did not say if he sent that query to the Geneva-based International Parliamentary Union, an organization of the parliaments of the world’s sovereign states of which the Philippine Congress is a member, which wrote him a letter urging authorities to “ensure that the (Senate) resolution is implemented without further delay.”

“The Philippines is a party to the International Covenant on Civil and Political Rights which enshrines fair trial guarantees and that, as a member of the United Nations Human Rights Council, it has pledged to uphold the highest standards of human rights,” the IPU said.

The lawmakers organization expressed concern that Trillanes has been on trial and remains in detention for more than six years, a violation of his fundamental rights based on international jurisprudence.

I would also like to ask Zubiri: “Is there a president of a democractic country who was never elected by its people? Is there a president of a democractic country who was caught cheating in an election, yet continued to hold on to power?”

Trillanes has been in detention in 2003 when he and 300 soldiers took a stand against corruption in the Arroyo government especially in the military in what is known as the “Oakwood mutiny”. He and the core group of Magdalo officers have been charged with coup d’etat.

The Maguindano massacre a month ago and the plunder case of Gen. Carlos Garcia much earlier have proven Trillanes and his fellow officers correct.

He is also charged with rebellion for his involvement in the Manila Peninsula incident in November 2007

Waging his campaign from prison and with very limited resources, Trillanes garnered more than 11 million votes. His convincing win was considered a resounding protest vote against Gloria Arroyo.

Trillanes, in fact, stands on more solid ground as member of the Senate than Zubiri, whose seat in the Senate was courtesy of the Ampatuan’s Maguindanao votes. Zubiri’s Senate seat is a subject of an electoral protest by Aquilino “Koko” Pimentel III.

Senate President Juan Ponce Enrile had already approved the proposed videoconferencing project with the necessary budget in place since June 2009 which would allow Trillanes to participate from his detention quarters in Camp Crame.

Because of the IPU letter, Zubiri says despite the “big legal question”, ““I will finalize and present the proposed draft resolution to be discussed in plenary, and will request the authors of the said resolution especially Sen. Pimentel who is the legal luminary of the group of individuals who filed the resolution to defend the legal question.”

Dapat lang.

***

Brussels-based Anna reminds us of the Oakwood “terms of agreement” in her comment:

“I may not be a Trillanes fan but one thing that I’ve always defended, and this has been from the very beginning, was his right to a military trial which was part of the agreement or terms of surrender at Oakwood.

“The government broke the terms of agreement, i.e., that the junior officers would surrender on the condition that they would be charged under Articles of War, tried by a military tribunal and not in a civilian court.

“(Former AFP Chief of Staff) Roy Cimatu, negotiating on behalf of the government gave his word. Gen Efren Abu, who was poised to attack at the time and was privy to what was going on during negotiations — (he also had direct line to Malacanang at the time or during the terse moments), and who later on became CSAFP, knew that they would break their word.

“In this country, there is no such thing as “My word is my bond!” It’s an unknown quantity, just doesn’t exist! So, to me, the junior officers owe absolutely nothing to politicians nor to their military superiors and definitely not an iota of loyalty to the dwende in Malacanang.

“As to what Zubiri is saying — all coming from his backside. He’s merely farting from his mouth.

“Who does he think he is? The people of the land have decided. Trillanes possesses a clear national mandate from the people of the Philippines authorising him to perform Senate duties. The people have spoken. How can an elected Senator of the land whose authority emanates from the people perform his duties from a dog cage?

“Trillanes did not rape anybody, he did not massacre a group of journalists nor did he harm women politicians. He did not kill anyone to achieve his status. And more specifically, he did not cheat or steal.

“His fault was that he didn’t succeed in toppling the illegitimate leadership in place. His fault too was his naiveté when he believed that he was talking to fellow military officers whom he thought possess a word of honour and thus accepted to be tried by a military tribunal.

“Zubiri should therefore just shut up and quake in his boots in silence instead of uttering imbecilities!”