Author: Ellen

PH, Vietnam to hold naval drills, scientific research in South China Sea

Published by Ellen on April 24, 2015

By Tessa Jamandre and Ellen Tordesillas
VERA Files

President Aquino and Vietnam President Truong Tan Sang met during the 2014 APEC Leaders’ Meeting in Beijing, China . (Malacañang Photo Bureau)

The Philippines and Vietnam have agreed to conduct joint naval drills and scientific studies amid concerns over China’s intensified reclamations in the South China Sea.

The planned activities are part of the soon-to-be signed “Joint Statement on the Establishment of a Strategic Partnership between the Republic of the Philippines and the Socialist Republic of Vietnam,” a copy of which was obtained by VERA Files.

In the strategic partnership agreement, which is considered a final draft until it is signed, the Philippines and Vietnam “reaffirm their commitment to resolve territorial and jurisdictional disputes by peaceful means, as well as to the freedom of navigation in and over flight above the SCS (South China Sea) all in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).”

A golden opportunity for the Supreme Court to right a wrong

Published by Ellen on April 21, 2015

The Supreme Court has been presented the golden opportunity to right a wrong that has spawned corruption and a culture of impunity by elected officials.

In the hearing of the case on the suspension by the Ombudsman of Makati Mayor Jejomar Erwin “Junjun” Binay, Jr. before the Supreme Court, lawyers of Binay invoked the “”doctrine of condonation” also known as the “Aguinaldo doctrine” that immunizes an elected official from being removed for administrative misconduct once re-elected.

The doctrine does not apply to criminal cases.

The condonation doctrine over-stretched the proverb, “The will of the people is the will of God.”

Justice Jardeleza against condonation doctrine when he was SolGen

Published by Ellen on April 19, 2015

Makati Mayor Jejomar Erwin “Junjun” Binay Jr. has invoked the “condonation doctrine” for the dismissal of his cases in connection with the allegedly overpriced (P2.3 billion) Makati City Hall Parking building before the Ombudsman.

The condonation doctrine has no legal bases. It is a legal principle established by the Supreme Court in the 1959 case of Pascual vs Provincial Board.

Arturo B. Pascual was elected mayor of San Jose, Nueva Ecija, in November 1951 and reelected in 1955. In October 6, 1956, the Acting Provincial Governor of that province filed with the Provincial Board three administrative charges -Maladministrative, Abuse of Authority, and Usurpation of Judicial Functions – against Pascual committed during his first term.

In dismissing the case against Pascual, Supreme Court Justice David J. Gutierrez said, “When the people have elected a man to office, it must be assumed that they did this with knowledge of his life and character, and that they disregarded or forgave his faults or misconduct, if he had been guilty of any. It is not for the court, by reason of such faults or misconduct to practically overrule the will of the people. against the said appellant.”

The condonation doctrine had been used in several Supreme Court cases including the one the public is more familiar with: Aguinaldo vs Santos.

Del Rosario’s wishful thinking

Published by Ellen on April 19, 2015

Foreign Affairs Secretary Albert del Rosario sounded very pleased that the United States is preparing for an armed confrontation with China in the South China Sea without any concern of its constitutional complications for the Philippines.

In an interview with ANC, del Rosario once again held on to a pronouncement by an American official, this time Defense Secretary Ashton Carter, who said the United States and many other countries “are deeply concerned about some of the activities China is undertaking.”

He must be referring to the intensified reclamations of China on reefs and islets that they occupy in the disputed South China Sea. They have not overtaken any island or reefs occupied by other claimants that include the Philippines, Vietnam, Malaysia, Brunei and Taiwan. But the reclamations and constructions are massive that the United States has described it as “Great Wall of Sand.”

Mei Magsino

Published by Ellen on April 15, 2015

From Mei's Facebook, Feb, 2015 — From Mei’s Facebook, Feb, 2015

Mei Magsino once told a foreign reporter interviewing her on the challenges journalists who take on the powerful face in the Philippines, “The list of murdered journalists here is too long. I have to survive.I don’t want to become another statistic.”

Last Monday, Mei was added to the growing list of journalists killed in the country, which boasts of having the freest press in Asia. The Philippines also bears the ignominious distinction of one among the countries considered to be the most dangerous working place for journalists.

It was a shock to learn about Mei’s murder.

Mei was shot dead by motorcycle riding gunmen (riding in tandem again!) high noon, Monday while she was walking near her house in barangay Balagtas in Batangas.

The killing was so brazen, all we could say do was echo the lament that then Vice President Emmanuel Pelaez asked when he survived an ambush, ” “What is happening to our country, General?”

Centerlaw: Documents belie De Lima’s claim of misinformation

Published by Ellen on April 8, 2015

Statement of the Prof. Harry L. Roque Jr., chair of the Center for International Law (Centerlaw), an NGO dedicated to the promotion of binding international legal norms in the Philippines and Asia:

“We take exception to the veiled threat in the statement made yesterday by Secretary Leila De Lima that the Vera Files special report on a recent Note Verbale given by the Philippines to Malaysia over the Spratlys islands concerned a confidential matter that should have been kept as it is.

“In the first place, our Justice Secretary should be first to know that such a threat is in the nature of prior restraint with a chilling effect on speech, as held by the Supreme Court in the case filed by the late former Solicitor General Francisco Chavez against a predecessor of hers at the DOJ, the late Raul Gonzales.

“A mere press statement of a threat of prosecution coming from a government functionary, according to this 2008 Supreme Court decision, is unconstitutional precisely for that reason.

De Lima will not see what she doesn’t want to see

Published by Ellen on April 7, 2015

Now that the Department of Foreign Affairs’ willingness to downgrade the country’s claim to Sabah to strengthen its case against China before the United Nations Arbitral Tribunal has been exposed, it is resorting to the classic diversionary tactic- questioning the journalists’ motives in writing the report.

Justice Secretary Leila de Lima now comes to the aid of the DFA.

De Lima has been quoted in several reports as having said that VERA Files’ March 30 story “PH offers Sabah to win Malaysia’s support for UN case vs China” is a “misinterpretation.”

The Taiwan Fellowship and EU’s Peace Journalism Awards

Published by Ellen on April 5, 2015

Those who are interested to do advanced studies in Taiwan, here’s your chance:

The Taipei Economic and Cultural Office in the Philippines, the de-facto embassy of Republic of China (Taiwan) in Manila announced that the yearly Taiwan fellowship is now open.
The Taiwan Fellowship, being administered by the ROC’s Ministry of Foreign Affairs is open to scholars and experts from developing APEC economies, the Philippines included. Twelve slots are available.

The Fellowship would be in any of in any of the following areas: cross-strait relations, mainland China, Asia-Pacific region and Sinology. The terms of fellowship are 3 to 12 months.

The online application will be available on May 1 to June 30, 2015. Recipients will begin their research in any university or academic institution in Taiwan in January 2016.

DFA is misleading public in Sabah for Spratlys issue

Published by Ellen on March 31, 2015

Disclosure: I am one of the trustees and writers of VERA Files, a group of veteran journalist who put out articles that take a deeper look at current issues.

Last Monday, VERA Files released a story, “PH offers Sabah to win Malaysia’s support for UN case vs China.”
The article said, “ The quid pro quo was contained in a note verbale the Department of Foreign Affairs handed to a representative of the Malaysian Embassy last week, a week after the visit of Malaysian Defense Minister Dato Seri Hishammuddin Tun Hussein.

“The note verbale, a copy of which was obtained by VERA Files, referred to the May 6, 2009 joint submission by Malaysia and Vietnam to the United Nations Commission on the Limits of the Continental Shelf (CLCS) in which Malaysia claimed an extended continental shelf (350 nautical miles from baseline) that was clearly projected from Sabah.

PH offers Sabah to win Malaysia’s support for UN case vs China

Published by Ellen on March 30, 2015

By Tessa Jamandre,VERA Files

The Philippines has offered to downgrade its claim on Sabah in exchange for Malaysia’s support for its case against China before the United Nations.

The quid pro quo was contained in a note verbale the Department of Foreign Affairs handed to a representative of the Malaysian Embassy last week, a week after the visit of Malaysian Defense Minister Dato Seri Hishammuddin Tun Hussein.