The Presidential Series 2010

Before the end of the year 2009 (and before I go back to law school and lose time over the net), I shall try and try to be informative as possible on the people's choices for our next President. Thus, I open the Presidential Series 2010, a one stop shop for information on who's who in the 2010 Elections, especially those who seek the highest position in the land - the Presidency. This thread shall seek to find out about their qualifications, their party and business interests, their agenda and positions on key issues and their personal life.

As of today, the Commission on Elections has narrowed the Presidential contenders to EIGHT. The candidates are (in alphabetical order):

• Senator Benigno "Noynoy" Aquino III (Liberal Party)
• Olongapo City Councilor John Carlos "JC" delos Reyes (Ang Kapatiran Party)
• Former President Joseph "Erap" Ejercito-Estrada (Partido ng Masang Pilipino)
• Senator Richard "Dick" Gordon (Bagumbayan)
• Senator Anna Maria Consuelo "Jamby" Madrigal (Independent)
• Former Defense Secretary Gilbert "Gibo" Teodoro (Lakas-Kampi-CMD)
• Jesus is Lord Leader Bro. Eddie Villanueva (Bangon Pilipinas)
• Senator Manuel "Manny" Villar (Nacionalista Party)

However, the COMELEC still has to rule on the appeal of Nicanor Perlas (Partido ng Marangal na Sambayan) over his disqualification as well as the petition of several lawyers against the re-election campaign of former President Estrada.

Tomorrow, the author shall start with the standard bearer of the Liberal Party, and current front-runner, Senator Noynoy Aquino.

Martial Law in the Philippines - Take II (update 12 December 2009, LIFTED)

Yesterday, at around 9 o'clock in the evening, the state of martial law and the suspension of the privilege of the writ of habeas corpus in the Province of Maguindanao has been lifted by the President. The order came after the President held an emergency meeting with the National Security Council (NSC) on the status of the objectives of Proclamation 1959.

According to Executive Secretary Eduardo Ermita, the objectives of 1959, as advised by the NSC to the President were as follows:

• Quell the rebellion in Maguindanao
• Arrest the suspects of the November 23 Maguindanao Massacre that left 57 dead
• Secure the safety of the witnesses
• File appropriate charges against the suspects
• Disarm illegal armed groups
• Restore law and order and press freedom
• Restore civilian government

Mixed reactions face the lifting of martial law. Lawmakers are divided on this issue. Human rights lawyers are asking the Supreme Court to here the petitions against martial law. The Supreme Court has a standing order on the Executive Department to answer the petitions. The High Court has still to decide on the matter.

Whatever the decision of the Supreme Court, it shall be the ultimate test of the effectivity and deterrence of Article 18 on future dictatorships.

Martial Law in the Philippines - Take II

This summary is not available. Please click here to view the post.

GMA running as Congresswoman of Pampanga

As if 9 years as President is not enough, GMA is running for a seat as 2nd District of Pampanga's Representative in Congress on 2010.

Legal implications aside, what I bring to fore is not the Constitutional controversy it may cause, but the degradation of the most cherished Filipino virtue of delicadeza. It seems that the impunity she experienced as the Chief Executive of this country has already immunized her of any shame in her actuations - her running for a seat in Congress is a clear manifestation of her family's strong clutch to the Office which she has degraded for so long.

Let this poem be my contribution to this country's disgust...

¡Adiós libertad querida,
adiós esperado durante mucho tiempo la paz.
El enemigo ha impedido
que de volver a la vida del país.
Tenga cuidado
de mi querido amor,
por el momento
ha llegado a portar armas.

(Farewell cherished freedom,
good bye long hoped peace.
The enemy has prevented you
from coming back to the country's life.
Take care my dearest love,
for the time has come to bear arms.)

On "re-electing" Erap

Sometimes, all it takes is looking twice.

The present debate on the Erap question has reached the halls of public opinion as the former President Joseph Estrada tried to test the waters over the Constitutional prohibition on reelection. Hence, to better understand the problem, it is important to analyze the Constitutional provision in it plainest and simplest language.

The 1987 Constitution has provided this provision regarding the case of electing a President:

"Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected."

This particular section provides for the manner of electing a President. At the onset, the provision states that "The President x x x shall be elected x x x." Hence, as in basic sentence construction, this provision is intended to a person who, under the law, has qualified, ran and eventually ELECTED as PRESIDENT. It did not distinguish whether it is the incumbent or the past President. In my personal opinion, the Constitution need not distinguish the same, as the provision was meant to apply to ANY person who was elected as President.

Therefore, the succeeding contentious statement "The President shall not be eligible for any reelection," should be easier to understand. The President who was elected under the circumstances of the previous provision shall not be eligible for ANY REELECTION. To completely appreciate the value of the word "any" it is important to view the deliberation of the 1986 Constitutional Commission when the proposals for the term of office of the President was debated upon.

According to the revered Father Joaquin Bernas, SJ, a noted constitutionalist, the word "any," which appeared twice in the provision, is a victory of the absolutists in the Commission who preferred that any person who was elected as President would no longer have the chance to be re-elected again, in any circumstances. As proof of such unanimous triumph is its repetition in the succeeding statement, though not intended for the elected President but to a person who has "x x x succeeded as President and has served as such for more than four years x x x," when it provides that the said person "shall not be qualified to the same office any time." Therefore, the intention of the members of the Commission can be clearly gleaned, as a magnanimous affirmation of a single term President.

Thus, when the provision was drafted, the framers intended no less that we shall have but a person, elected by the sovereign people and vested with such mandate, serve a single term of six years. It is therefore a make or break scenario. When Erap was elected in 1998, on his shoulders was laden the people's trust. Sad to say, he was not able to finish such term, because those gathered at EDSA in 2001 ousted him from power, aside from the fact that he was deemed resigned by the Supreme Court in the cases of Estrada v. Arroyo and Estrada v. Disierto. He missed his shot at history and only history now can judge him.

But as far as the Constitution is concerned, it is clear. Ubi lex non distinguit, nec nos distiguere debemos. When the law does not distinguish, we should not distinguish.

And for Erap, all I can say is dura lex, sed lex.

Erap to run as President in 2010

"This is the last performance of my life."

Erap formally declared and swore, that he will run as President in the 2010 Election, under the party of PDP-Laban, Partido ng Masang Pilipino and United Opposition. He made this announcement in front of thousands of cheering supporters at Plaza Hernandez in Tondo, Manila.

He also announced that Makati Mayor Jejomar Binay shall be his running mate as Vice-President. He also announced his senatorial slate, which includes Senate President Juan Ponce Enrile, Senator Jinggoy Estrada, Congressman Teddy Boy Locsin, Congressman Bongbong Marcos, General Danny Lim, Mr. Joey de Venecia, Mr. Koko Pimentel and two guest candidates, Senator Miriam Defensor Santiago and Congressman Ompong Plaza.

I shall make my legal comment later.

22 October 2009
Click to read my legal comment.

GMA's Holiday Economics and the Recent Holiday Declarations

(Disclaimer: In writing this article, I have carefully considered the words in voicing my opinion. I do not favor any person, class or belief, nor do I hate any religion, in this article. The topic of this article is my professional, and to an extent, personal opinion on the wisdom and logic behind the declaration of holidays by the chief executive.)

Today, Ka Eraño Manalo is going to be laid to rest. My sincerest condolences to his family and the entire Iglesia ni Cristo.

But must everyone feel mournful of the spiritual leader's demise? I do not agree.

Since we adhered to the American notion of democracy, the separation of the Church and the State was enunciated in the Constitution.  It sprung forth from the lessons we derived during the Spanish era, when religious doctrines were laid down as public law, and the violation thereof carries with it state sanctioned penalties. Today, religion can neither dictate what the state should or should not do nor can religion hold any clout on political decisions made by duly elected leaders. The primacy of the Church is in the spiritual field and the government, as an institution, is shielded from it, hence it can decide on highly contentious issues without requiring religious imprimatur.

The Constitution in Section 5 of Article III further states that "No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights." It clearly provides for the rights of the people to exercise their religion within the bounds of law and the morality of their dogmas.

But the decision of the President to declare that today shall be a day of national mourning for the spiritual leader is unprecedented. It was even declared a special non-working holiday - a holiday as defined by the Labor Code and as understood by the common man. The question herein is a political in nature, hence, it is beyond the bounds of a constitutional controversy and within the wisdom of the promulgating authority. But the logic behind is open for interpretation and question.

Who is Eraño Manalo for the Filipinos? Is he a endeared by the entire population so as to render him worthy for the declaration of a holiday? Are his contributions to the society enough to merit him such honor? Will the funeral entourage consist of millions of Filipinos that a holiday has to be declared for all of them to view it? Is he a soldier to merit him honor guards from the Philippine Military Academy? Who is Eraño Manalo to a non-Iglesia ni Cristo?

I answer that he is an ordinary Filipino, like you and me, not much different but not much the same. 

Again, I do not question the honor bestowed on him, if such honor is due. But to honor him like that reserved to Presidents and heroes is much different. When Cory Aquino died a month ago, she was buried with honors because she was a former Head of State and Commander-and-Chief. Her casket was carried on top of a truck, and hundreds of thousands flocked the streets to bid her adieu, and it could have been a million had the weather been kinder. She was an international icon of democracy.

She deserved it. Does Eraño deserve it too?

Probably he does, for founding a religion that tells its members to vote only the candidates they choose. Wise decision for Gloria Arroyo. The Philippine President has decided to declare the burial of Ka Erdie as a holiday and she moves the celebration of our Independence Day from the 12th of June to the nearest Monday. Holiday economics? Or a pure blatant attempt at politicking? 

Again, I do not disagree at giving honor when honor is due. But if politics mar the grant of honor, it loses its altruistic character and gives it a face of disgrace.

My sincerest apologies to those who do not agree with my opinion and you are free to comment.

Ka Eraño Manalo, may you rest in God's peace. 

Paalam Tita Cory at Maraming Salamat!

I am writing this blog at the end of the 10 day period of mourning as declared by President Arroyo. Although it may be a little bit late, I am placing my share to the multitude of people, Filipinos and foreigners alike, in giving my 4 centavos worth on the life and death of Corazon Cojuangco Aquino.

Ten days ago, we lost a mother to us all. And tens of thousands of people later came to show their last respect.

For those who do not know me, I was born at the time when she was catapulted to national prominence. While my own mother patiently delivers me into the world, she prayerfully delivers her speech at the Miting de Avance for the 1986 Snap Election. I was a child during the coup attempts against her administration, and I even have a photograph of Gringo Honasan who hid in our house at Kawit. I remember blaming her for the 8 to 12 hours of electric blackout which was prevalent in the 1980s to 1990s. I remember her as the President and the mother of an actress who happens to be a childhood crush.

But despite of all the wrong things and policies in effect during her administration, I fondly remember calling her Tita Cory. Whenever my parents would ask me, "Who is the Philippine President?" I would vividly answer, "Tita Cory."

The former President is more than our country's leader, she is a mother to us all. She is like a distant aunt, who we can relate with. We share her experiences, her happiness and sadness. We listen to her intently when she speaks. She was our example of Christian piety. She is the epitome of a Filipina - prayerful, loving and simple. She is simply our Cory.

When she died last August 1, I saw in her the death my own grandmother. Peaceful in life, God gave them both a peaceful death. I was billeted at the Bayview Park Hotel when her cortege passed by from La Salle Greenhills to the Manila Cathedral. On the last day of her wake, I braved the rains and the floods of Intramuros, as I fell in line to view her remains. Although I could have passed by the dignitaries' entrance, I decided to go the long route to experience the common man's fate. I shared the line with Tony, a teacher from Norzagaray, Bulacan; Glenda and Joan of a brokerage company in front of the Cathedral; 5 employees of the Marine Slipway Port Services; 2 students who resides at Commonwealth and the women employees of Crawfords. We were together from 2100H of 4 August to 0200H of 5 August. But I am not sure if they succeeded in viewing Cory's remains, as I went out of my line and decided to pass through the VIP entrance nonetheless. While inside the Cathedral, I sat and pondered as I see the long queue of people, who waited for 5 to 6 hours, just to have at least a 3 second view of the President.

On the day of her funeral, I stood by in front of the US Embassy to catch one final glimpse of our former President. As the flat truck passed by, I was taking a video with my left hand, while raising my right hand with the "L" sign and chanting "Cory, Cory, Cory!" I did not realize that tears were forming at the corner of my eyes.

Tears were forming.

An icon of democracy has now been laid to rest. It is my fervent hope that her legacy would not be forgotten. I was a baby when history unfolded for our nation. A simple widow toppled a powerful strongman. With the power of prayer and people, she managed to lead our nation. 23 years later, I would be a witness to the end of an era, the passing of a torch. Whoever picks up the flag where it now lays is sure to face a tough comparison, but is also assured of the people's vigilant support.

Tita Cory, ito na ang huling paalam. Maraming Salamat! Tuloy pa rin ang LABAN!

Philippines mourns democracy icon Corazon Aquino

Copied verbatim from Yahoo! News Obituary

By JIM GOMEZ, Associated Press Writer Jim Gomez, Associated Press Writer Sun Aug 2, 2:41 am ET

MANILA, Philippines – Thousands of Filipinos lined up for hours Sunday to see the body of former President Corazon Aquino — the beloved democracy icon who swept away a dictator and inspired nonviolent resistance to autocratic rule.

Aquino, 76, died early Saturday in a Manila hospital after a yearlong battle with colon cancer.

Thousands trooped to a suburban Manila university stadium where Aquino's coffin, teeming with yellow roses and orchids, was displayed on a platform.

Some mourners openly wept and carried yellow ribbons — the color that symbolized her democratic advocacy. One held an old poster of Ferdinand Marcos, the strongman she helped depose in 1986.

Aquino rose to prominence after the assassination in 1983 of her husband, opposition leader Benigno "Ninoy" Aquino Jr. The uprising she led in 1986 brought down Marcos' repressive 20-year regime and served as an inspiration to nonviolent resistance across the globe, including those that ended communist rule in eastern Europe. Chinese President Hu Jintao sent condolences to Philippine President Gloria Macapagal Arroyo, Chinese Foreign Ministry spokeswoman Jiang Yu said in a statement Sunday.

"Mrs. Aquino is an outstanding leader of the Philippines and she is also a good friend of the Chinese people," Jiang said. "The Chinese government and the Chinese people deeply lament her death."

President Barack Obama was deeply saddened by Aquino's death, White House press secretary Robert Gibbs said Saturday.

Aquino's supporters had been holding daily prayers for her in churches around the country since she was rushed to intensive care after she stopped eating in late June.

Arroyo, who is on an official visit to the United States, remembered Aquino as a "national treasure" who helped lead "a revolution to restore democracy and the rule of law to our nation at a time of great peril.

Arroyo declared a 10-day national mourning period Saturday.

Maria Corazon Cojuangco was born on Jan. 25, 1933, into a wealthy, politically powerful family in Paniqui, about 75 miles (120 kilometers) north of Manila. Her unlikely rise began in 1983 after her husband was gunned down at Manila's international airport moments after soldiers escorted him from a plane on his arrival from exile in the United States to challenge Marcos, his longtime adversary. Investigations showed one of his military escorts was the assassin.

After the murder, Aquino returned to the Philippines and led the largest funeral procession Manila had ever seen, with crowd estimates as high as 2 million. The killing enraged many Filipinos and unleashed a broad-based opposition movement that thrust Aquino into the role of national leader.

"I don't know anything about the presidency," she declared in 1985, a year before she agreed to run against Marcos, uniting the fractious opposition, the business community, and later the armed forces to drive the dictator out.

In the wake of that election, the Marcos regime — which declared martial law in 1972 and had jailed Aquino's husband — started to unravel.

But Marcos claimed victory in those polls — widely seen as fraudulent — leading a group of military officers to mutiny against him on Feb. 22 and holed up with a small force in a military camp in Manila, leading to three days of protests by hundreds of thousands that finally toppled him.

On Feb. 25, Aquino was sworn in as the Philippines' first female leader and Marcos flew to exile in Hawaii, where he died three years later.

She stepped down in 1992 after serving for six years.

___
Associated Press writers Hrvoje Hranjski and Oliver Teves contributed to this report.

Official Philippine President's Seal, Flag and March

In the deep of writing a commentary on the latest impeachment complaint against Pres. Gloria Macapagal-Arroyo, I tried to muse myself on her adamant grasp of the Office. So to give myself some time to choose the words to write, I decided to enjoy myself on the facts, symbols and trivias of the Presidency.

Official Seal of the President of the Philippines (Sagisag ng Pangulo ng Pilipinas)

The seal is composed of the coat-of-arms of the President, which, according to Executive Order No. 310 of 2004 consists of:

—A circular blue shield with an eight-rayed golden-yellow Philippine sun at the center. Overlapping the Philippine sun is a red equilateral triangle. Inside and at the center of the equilateral triangle is the traditional golden-yellow sea lion (Utramar) of the Coat-Of-Arms granted to the City of Manila in 1596, on guard with a sword on its right paw, at hilt.
—Inside and at the corner of each of the three (3) angles of the equilateral triangle, a five-pointed golden-yellow star to represent Luzon, Visayas, and Mindanao, respectively.
—The elements enumerated above are encircled at the outer edge of the blue shield by five-pointed golden-yellow stars, with one point of each star pointing outward on the imaginary radiating center lines, the number of stars conforming to the number of provinces of the Republic of the Philippines at any given time.

The Seal of the President of the Philippines shall consist of the Coat-Of-Arms of the President of the Philippines, and a white circle around the Coat-of-Arms enclosed by two (2) golden-yellow marginal rings. The white circle shall contain the words "Sagisag ng Pangulo ng Pilipinas" in black letters on the upper arc, the lower arc divided by three (3) five-pointed golden-yellow stars.

The coat-of-arms is then surrounded by a white circle, enclosed by two golden-yellow rims. The upper arc of the white circle contains the words SAGISAG NG PANGULO NG PILIPINAS ("Seal of the President of the Philippines") in black letters. The bottom of the outer rim is marked with three five-pointed golden-yellow stars.

The Philippine sun used in the coat-of-arms is adopted from the national flag, the eight rays represent the eight provinces placed under martial law at the onset of the revolution against Spain. On the sun there is an equilateral triangle, representing liberty, equality, and fraternity, which were the ideals of the Philippine revolution. The stars at the corners of the triangle represent Luzon, Visayas and Mindanao, the three geographical island groups of the country.

At the center of the coat-of-arms is a sea lion, which is adopted from the coat-of-arms of the city of Manila. It has the arms, head, and upper body of a lion, and the tail of a sea creature. The sea lion on the coat-of-arms was adopted from the coat-of-arms of the Spanish kingdoms of Castile and León and was granted in 1596. Because the Philippines was an overseas (Ultramar) colony, the lion became a sealion.

Presidential Standard (Flag)

The Philippines' Presidential Flag is a blue field, with the President's Emblem centered inside it. This emblem consists of a ring of white stars, and within it the sun from the national flag, together with a red, equilateral triangle, the corners of which bear each a golden star . Inside the triangle, we see a sea lion.

In 1946, the Philippines became independent, and in 1947, President Manuel Roxas issued an executive order specifying the presidential seal and flag. The flag was also navy blue, defaced with the presidential seal, and with a mullet in each corner. The same executive order also specified the vice presidential flag, differenced by its having a white field, and blue sun and stars. It is unclear when navy blue was dropped, but the state portraits of Presidents Carlos P. Garcia (1957-1961) and Diosdado Macapagal (1961-65) both portray presidential flags with a Yale Blue field. The proportion of the triangle to the sun also changed from administration to administration. 

In 1986, the presidential flag prior to 1981 was restored, with a royal blue field. This remains the presidential flag in use today, with this one minor amendment. Design same as previously, but legislation "strengthened". The president's flag now has a ring of 79 stars, increasing theoretically.

Official Presidential March (Anthem)

I never thought that the Philippine President had an official anthem like his/her American counterpart (Hail to the Chief!). This is what I found by researching, or killing time over the net.

Mabuhay
by Juan Silos, Jr.
Popularized: Bayanihan Dance Troupe

Dutchland toasts with prozit 
Sweden answers "scol" 
England says their cheerio 
And lifts the flowing bowl. 
Hawaii says "aloha" 
Japan shouts "bansai" 
But in the Philippines 
You'll hear this cheering cry --

We say MABUHAY
We say MABUHAY
Under the blue skies
Where our friends sit by
A greeting of farewell
A toast that will wear well
We raise our voices and say MABUHAY!!!