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Month: July 2014

Aquino’s DAP doctrine: good intentions superior to Constitution

Aquino stands by Secretary Butch Abad.
Aquino stands by Secretary Butch Abad.
Finally, President Aquino will speak to the people of the Philippines on the controversial Disbursement Acceleration Program or DAP today (July 14),Malacañang announced.

Today is exactly two weeks after the Supreme Court in a unanimous decision declared as unconstitutional Aquino and his Budget Secretary Florencio “Butch” Abad pet project.

Malacañang sources said Aquino was stunned by the voting (13-0. Not even his appointees especially Chief Justice Lourdes Sereno sided with him!) he threw tantrums. He wants to wage war against the Supreme Court justices.

Wonder no more why House Speaker Feliciano Belmonte, Jr. wants an investigation on the Judiciary Development Fund being administered by the Supreme Court.

Last Friday Aquino gave the public a preview of what he is going to say today. During the cabinet meeting on the 2015 budget, Aquino announced that he was rejecting the resignation of Abad. “I have decided not to accept his resignation. To accept his resignation is to assign to him a wrong and I cannot accept the notion that doing right by our people is wrong.”

Yesterday Abad, who was silent the past two weeks issued a statement taking responsibility for the illegal DAP which was the reason, he said, he tendered his resignation. But there was no apology or remorse for making a mockery of the budget process with the juggling of P374 billion.

Ayun sa doktrina ni PNoy, basta maganda ang intensyun, walang batas-batas

Basta tama ang intensyun ko, walang mali. Anong unconstitutional?
Basta tama ang intensyun ko, walang mali. Anong unconstitutional?
Ngayon na klaro na ang doktrina ng Tuwid na Daan galing mismo kay Pangulong Aquino, pwede na natin gawin ang gusto natin gawin, basta lang maganda ang intensyun, pasado lahat yan.

Sa cabinet meeting noong Biyernes, inanunsyo ni Aquino na hindi niya tatanggapin ang resignation na inihain ni Budget Secretary Butch Abad kahit sinimplang sila ng malakas (13-0, unanimous, walang nag-disagree) ng Supreme Court sa hindi naayon sa Constitution na Disbursement Acceleration Fund o DAP.

What’s wrong with the picture?

Philstar photo by Boy Santos.
Philstar photo by Boy Santos.

The picture we are referring to is that of Interior Secretary Mar Roxas hoisting a sack of NFA rice residue during an inspection of a rice warehouse in Muntinlupa.

Some say that picture, which has gone viral, is photoshopped. We had the photo analyzed by professional photographers and they said it’s genuine, not digitally tampered with.

They explained that the reason Roxas hoisting of the sack looked effortless was because the content as indicated in the sack was not regular rice but “broken rice residue” or darak used for animal feed.

Acts of kindness to the fallen

Lawyer Edward Serapio, former presidential counsel during the Estrada administration, once told me when he was under detention in Camp Crame in connection with Estrada’s plunder case way back in 2001, that he was so grateful for the wife of then Philippine National Police head Leandro Mendoza serving him coffee when he surrendered early in the morning at the White House, the PNP chief’s residence.

Sen. Juan Ponce-Enrile surrenders. From Yahoo.ph
Sen. Juan Ponce-Enrile surrenders. From Yahoo.ph
One can imagine Serapio’s level of stress at that moment and he said Mrs. Mendoza’s act of kindness did a lot to calm him down. He said he’ll never forget it.

Yesterday, Sen. Juan Ponce- Enrile thanked the PNP for treating him kindly, allowing him to stay at the PNP General Hospital in Camp Crame upon his surrender last Friday and allowing him to have his check up at the Asian Eye Institute in Makati the next day.

At this time when the popular sentiment is to throw stones at all those accused in the plunder of people’s money (Enrile, Jinggoy Estrada, Bong Revilla et al), any act kindness to those who are down is the true essence of humanity.

It is not about the guilt of the accused. It is humaneness.

While we should be vigilant that justice is obtained in the pork barrel scam, we should also be conscious of the danger that in pursuing justice, we become hardened and lose our sense of humanity. That would be a tragedy.

PAGCOR vs Colmenares

PAGCOR Chairman Cristino "Bong" Naguiat
PAGCOR Chairman Cristino “Bong” Naguiat
Last week Bayan Muna Rep. Neri Colmenares together with Archbishop Oscar Cruz, fellow Rep. Carlos Zarate, former Bayan Muna Rep. Teddy Casiño, BAYAN Secretary General Renato Reyes and COURAGE President Ferdinand Gaite, filed a letter of opposition to the reappointment of the whole Philippine Amusement and Gaming board led by
Rep. Neri Colmenares
Rep. Neri Colmenares
its chairman Christino Naguiat before the Governance Commission for Government-Owned or Controlled Corporation.

Colmenares said among the among their complaints was PAGCOR‘s non-payment of P5.14B tax.

Worse, he said, PAGCOR paid for the income tax of big time casinos like Travellers International Hotel Groups, Inc., MCE Leisure (Philippines) Corporation, Bloomberry Resorts and Hotels Inc. and Tiger Resort Leisure and Entertainment, Inc.

This is against its mandate “to help the poor and the needy,” he said.

With SC decision on DAP, expect impeachment charges vs Aquino

SC decision: reminder to Aquino that good intentions do not necessarily mean right and legal.
SC decision on DAP: reminder to Aquino that good intentions do not necessarily mean right and legal.
With the Supreme Court’s ruling that President Aquino and Budget Secretary Florencio “Butch” Abad’s baby- the Disbursement Acceleration Program – is unconstitutional, expect impeachment charges against Aquino to be filed soon.

Main Decision
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287.pdf

Separate Opinions:

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_carpio.pdf
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_brion.pdf

Concurring and Dissenting opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_delcastillo.pdf

Separate Concurring Opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287
_bernabe.pdf


Concurring Opinion

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/july2014/209287_leonen.pdf

The progressive groups –Anakbayan and Kilusang Mayo Uno- have hinted on impeachment in their statements hailing the High Court’s decision on DAP.

Anakbayan’s Vencer Crisostomo said, “Aquino and his pork gang should resign now in shame. Calls for him to be removed from office via impeachment or via a people’s uprising is growing and is increasingly justified. Aquino and his pork gang should be ousted.”

KMU’s Elmer Labog said, “The SC ruling could only further fuel calls for the Pork Barrel King’s resignation, if not ouster from office.”