Another past-midnight appointment
From ABS-CBN:
President Gloria Macapagal has re-appointed her close ally Philippine Amusement and Gaming Corporation (PAGCOR) Chairman Efraim Genuino as well as 4 members of its board of directors.
Genuino said he accepted his re-appointment, confirming a document obtained by ABS-CBN News that he had been re-appointed for another 1-year term.
Others who were re-appointed, based on the document from the Office of the Executive Secretary dated March 9, were Rafael Francisco, Philip Lo, Manuel C. Roxas and Ester Alano Laconico-Feria.
Genuino said the reappointment only proves PAGCOR is doing well under his leadership.
“Naging napaganda ang performance namin, halos more than double ang kita namin. At wala kaming iskandalo,” said Genuino in a phone interview.
But for Citizens Battle Against Corruption (CIBAC) Rep. Joel Villanueva, the re-appointment made by President Arroyo is illegal.
Villanueva cited the constitutional provision banning midnight appointments by a sitting president 2 months before the presidential elections.
Section 15 of Article VII of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
A bill in Congress filed in 2007 proposing to extend the term of the PAGCOR chairman to 3 or more years was also not passed.
“Ordinaryo na lamang sa pangulo natin na gumawa ng mga midnight appointments. Itong PAGCOR is the President’s Social Fund,” said Villanueva.
Senator Francis Escudero also slammed President Arroyo’s re-appointment of Genuino.
“Intensyon ng Konstitusyon dapat merong malayang kamay ang sinumang magiging pangulo kaugnay sa ilang sensitibong puwesto sa pamahalaan at GOCCs [government-owned and controlled corporations],” said Escudero,
Genuino, however, explained that President Arroyo merely complied with the law.
He cited Section 6 of the PAGCOR Charter which states that a director “shall serve for a term of one (1) year and until his successor shall have been duly appointed and qualified.”
He said the chairman and members of the PAGCOR Board of Directors have to be appointed every year so that the programs of the agency, which are 100% government-owned, can continue.
“Iyong ginawa ng Malacañang is part lamang ng compliance doon sa batas,” said Genuino.
Villanueva and Escudero said that the recent case of midnight appointments is frightening if it will be implemented.
They said that this is another way for President Arroyo, who won as representative of a Pampanga congressional district in the May 10 elections, to maintain power even after her presidential term by controlling important agencies such as PAGCOR.
Early this year, former National Treasurer Leonor Briones, had warned that the next president may not be able to take advantage of PAGCOR as much as President Arroyo has.
PAGCOR is the government’s 3rd highest revenue generating unit.
“Traditionally, PAGCOR is the milking cow of all presidents. I would imagine if she (Arroyo) is not president anymore, her ally in PAGCOR will not agree to give the next president as much as she got. She will be in Congress. She can still assert her influence,” Briones said.
PAGCOR is a big source of discretionary funds for the Office of the President. A big chunk of its revenues is directly remitted to the President’s Social Fund.
Briones said previous presidents have used PAGCOR for good and bad projects.
PAGCOR also makes substantial contributions to the Catholic church in the Philippines, which is against gambling. With a report from Apples Jalandoni , ABS-CBN News
Seems Aquino doesn’t have to lift a finger… Gloria is doing the recycling for him already.
She’s a real bitch, isn’t she? Determined to destroy the Philippines. She must be stopped. Otherwise, she’ll bring the Philippines down to her ugly corrupt level without any hope of every getting out of the shit she’s scattered all over.
Isn’t there anything in the law that Aquino can use to put all of Gloria’s and FatGuy’s rats and scumbags back in the garbage dump where they belong?
The fact that it only came to light now indicates that the appointment was antedated.
Based on the case of Ernesto Rodriguez v Carlos Quirino G.R. No. L-19800 October 28, 1963, penned by the revered JBL Reyes, it can be revoked by Noy. The Court, in that case said:
Kapag naupo si Noy, he will have the military and the police to effectuate any order. Simple lang. Walisin ang opisina ng PAGCOR ng lahat ng midnight appointees. Let them go to the Supreme Court.
I hope Noy appoints a good Solicitor-General, to defend his office’s actions; one who is a seasoned litigator. Huwag yung mga galing sa mga law firm na marunong lang bumili ng judge. They should not use that tactic when defending presidential action by one who won on the promise of no corruption.
Talagang,Arroyo won’t make life easy for Noynoy.
Kapag naupo si Noy, he will have the military and the police to effectuate any order. Simple lang. Walisin ang opisina ng PAGCOR ng lahat ng midnight appointees. Let them go to the Supreme Court.
Sax, I hope he will have the balls to do that. (Takes courage to do that sort of thing…)
He can borrow the balls of Verzosa.
Come to think about it, the Glue seems to be twitting Noy. Is that to bait him into something rash and maybe unconstitutional? Is the sword of impeachment being sharpened?
I remember the son of a very good friend (kumpare, kababata) of JDV telling me that Erap’s impeachment was planned immediately after the elections. Is this the same strategy? People tend to repeat what worked before.
I think so too… Gloria doesn’t want to leave with a mere whimper, she wants to go with a loud bang, eg., discredit Aquino even before he reaches Malacanang, you know, not to give Aquino elbow room to breathe, put him on the defensive, etc., until she gets hold of that Speaker’s gavel.
The woman has absolutely no scruples. She doesn’t know the meaning of decency. She will take down the Philippines to her ugly level even if it means wreaking havoc, if she can’t have her way.
gma is using and abusing ambiguity of law to continue fooling filipinos, Pres Noynoy in turn could fully use the law to rightfully serve the people, and throw out wrong appointments of gma.
genuino must be kicked out of PAGCOR !
appointment of Genuino was illegal and null and void from the start, this could easily be reversed by Pres Noynoy.
the battle of Good (Noynoy) vs Evil (GMA) continues ……….
all midnight appointments of gma will suffer the KISS OF DEATH ……….
an evil tree must be cast into the fire together with its branches for total cleansing to be effective……..
not only gma should go but also all her lapdogs and partners in crimes …..
Well, if Noynoy will have to effect changes he got to have functionary balls or he has to just painfully accept Gloria’s recycles. Agree with atty sax, borrow Verzosa’s balls if he needs them.
Noynoy showed he got balls when he contradicted his uncles opinion on jueteng, he might need verzosa’s balls in kicking out many gma’s lapdogs though, some gma lapdogs were still under gma’s skirt licking the remaining juices of corruption
If Efraim Genuino will not resign as Pagcor Chairman and Noynoy is firmed and decisive enough to force his removal by appointing a new Chairman, we will see a repeat of the Gordon-Payumo fracas in 1998 during the Erap presidency.
Balikan natin ang nakaraan.
In 1998, Gordon resigned as SBMA Chairman, filed his candidacy for President but withdraw early. FVR re-appointed him. As newly elected President, Erap issued an Administrative Order which included the appointment of Felicito Payumo thereby ousting Dick Gordon. Gordon refused to relinguish his position citing that his appointment was covered by civil service rules and regulations. There was a mini people power by supporters of Gordon as contined to fight vs Malacanang. In the early round, Gordon found an ally with the local court with a TRO. But his early victory was short-lived because the Court of Appeals overturned the local court decision. Afterwards, the Supreme Court affirmed the CA ruling. Payumo in, Gordon out.
In 2004 at the height of the presidential elections featuring Ang Pandak vs Ang Panday, Bishop Oscar Cruz came out with his scathing accusation against PAGCOR with this headline: Bishop Reveals Anomalies at PAGCOR.
Just like the Fertilizers scam, etc., walang nangyari.
This time, alam na nating lahat ang rason why GMA insisted on re-appointing those people. We know for a fact that a GOCC charter provisions will not stand a chance against what the law says when it comes to midnite appointments. One example is the Gordon vs Payumo case at SBMA. It’s her last ditch effort to delay or thwart investigation of the anomalies perpetrated at PAGCOR. With Genuino planted there even for one year, they can still make those anomalous transactions looked good.
Like I said before, only the GRIM REAPER can stop her. We all die anyway and it’s just a matter of time for each of us, so why not NOW for her?
I’m just exasperated about the whole GLUENESS thing, so if I offend anyone, I offer my apology in advance.
Like any person in his/her second childhood, the ngoyang is nagkakalat na ng tae!
Kawawa naman si Noynoy tagapalit ng pampers ang labas.
Kasabay ng pag-abolish ng mga opisinang sinalaula ni gloria, ipagsakdal ang walanghiyang babae at ibartolina!
“Naging napaganda ang performance namin, halos more than double ang kita namin. At wala kaming iskandalo,” said Genuino in a phone interview.”
Tanga! Meron bang tumaeng ipinagkalat na nagkalat siya ng tae?
Sabihing wala daw eskandalo, eh sila ang puno’t dulo ng kawalanghiyaan ni gloria arroyo?
Walang itulak kabigin mula sa pamunuan hanggang sa gabinete at mga itinalaga sa government agencies/corporations ng administrasyong bulok. Katulad ng huwad na presidente, tuwing haharap sa publiko ay pawang mga panlilinlang ang ulat.
Sige nga, kung totoong kumita ang mga ahensiya, SINO naman ang mga namunini sa pagpapasasa sa mga kinita?
Sino ang palaging nagmamantika ang mga nguso?
Kaninong mga lukbutan ang halos sumabog sa pamumutok sa kuwarta?
Natikman ba ng karaniwang mamamayan ang kinita ng kanilang mga ahensiya?
Sa kabila yosi ni Noynoy, dito naman bitlog ni Noynoy!
Kunyari may mga binubuong transition team, tour kunyari ng Malacanan para sa Aquino camp (para namang hindi alam ni Noynoy ang pasikot sikot sa palasyo) at may meeting pa kuno ang outgoing at incoming cabinets pero wala talagang balak ang GMA na magkaroon ng maayos na transition.
Pagkatapos ng May 10, 2010 at tiyak na si Noynoy na ang presidente, ano ang pinagagawa ni GMA in less than a month:
1. Appoint Corona as CJ,
2. Extend the Pagcor directors’ term
3. Supreme Court decision sa sugarlands under CARL
4. Reduction of tariff rates sa oil and other products
5. Floating the idea of increasing EVAT
6. ZTE decision
7. and so on and so on and so on.
Talaga yatang gusto ni GMA na habulin sya ni Aquino after June 30
This is where I differ with the president. If jueteng is legalized, wala nang corruption, because hindi na kailangan ng lagay. The activity can be taxed by the gov. And just like here in the US, where every corner store sells lotto tickets (karamihan Bombay), if jueteng is legalized, hindi na mananaig ang jueteng lords.
Ang simbahan, well they can just shot up. They have no moral high ground here, because they are beneficiaries of PAGCOR. Don’t tell me less sinful ang sosyal na sugal ng mga mayayaman (casino) kaysa sugal ng mahihirap (jueteng).
Legalize mo yan, goodbye power of Pineda, Chavit, and the sons of the Glue.
Legalize na rin ang contraceptives. After all, yan naman ang gusto ni Pope John XXIII, and Pope John Paul I. Nanaig lang ang mga ultra-conservatives like Pope Paul VI and Pope John Paul II. In fact, that, and the probable investigation of Cardinal Marcinkus is what produced the murder of Pope John Paul I. Basahin niyo yan sa “In God’s Name” ni David Yallop. Involved ang Vatican (behind the Pope’s back) sa money laundering ng mafia. So totoo ang eksena doon sa Godfather III.
Gilbert Teodoro Dies.
http://www.abs-cbnnews.com/nation/metro-manila/05/29/10/4-construction-workers-die-elevator-crash
The construction worker, not the betrayed losing presidential candidate, Gibo.
Gloria Arroyo stabs son to death.
http://wcbstv.com/local/paterson.infant.stabbed.2.784542.html
Gloria Arroyo of New Jersey stabbed her infant son.
Re# 22: gambling is the scourge of society, which tends to make the poor poorer. unlike 1st world country where they could afford to indulge in Lotto , 3rd world country like the Phil could not afford to gamble milk money away.
Now Verzosa can go after Pineda, Chavit and gma’s sons and send them to prison.
Gambling makes lazy people lazier. With each winner there were tens of millions losers.Millions of gamblers will die without winning the lotto in their lifetime, compared with a handful of winners whose sudden winning sometimes even caused tragic ends instead of good fortune.
People must rely on hard work to improve their lives, and not bank on false hope of winning the Lotto.
Gambling takes advantage of people’s inborn weakness of greed and gullibility.
community determination to fight gambling works, like for instance when PAGCOR failed to put up a casino in chinatown after the whole community protested and rallied against it, its ironic that those who could afford despised and recognize the evils of gambling while those who could not afford were the ones open to it and victimized by gambling
#23 #24: very resourceful
even cardinal Rosales was corrupted by PAGCOR’S dirty loot, Cardinal Rosales was blind and mute to the fact that many lives and familes were being destroyed everyday by the evil of gambling
Talaga yatang gusto ni GMA na habulin sya ni Aquino after June 30 – Oblak
Mismo, para masimulan ng bruha kaagad sa house of hell ang impeachment kay Noynoy. Gagawin niya na palaging nasa defensive ang admin ni Noynoy. Kung maupo na si Aquino ay dapat niyang simulan ang pagwawalis sa midnight appointments ni Gloria. Pwede bang walang paraan e presidente sya?
#22. Completely agree with atty sax.
Self-serving statement yan ng mga moral guardians kuno.
Alam mo ba kung saan maraming lotto dito sa East USA? Harlem, Spanish Harlem (yung lugar sa Harlem ng mga Latino), Newark, NJ, Ocean Avenue, Jersey City, the Bronx (luagr ng Latino), Bedford-Stuyvesant, Brooklyn (lugar ng mga Haitians and Latino).
Mahirap kang makakita ng lotto sa Tenafly, NJ, Harriman, or the enclaves of the rich in Long Island. Pero sino ang nalululong, yung mga may perang pumunta ng Vegas, hindi yung mahirap na nasa Harlem.
As a kid, I used to play with the kids of the looban (squatter) near my grandfather’s house in the province. Yung mga taga-looban, palaging tumataya ng jueteng. Nobody bet milk money – urban legend ng mga pari yan. Besides, ang squatter nag-bre-breast-feed.
Same, when my brother’s family moved to Baguio, nakakita ako ng mga kargador sa Kayang, tumataya ng jueteng after having given their kids baon for school. Umaga pa lang, suma-shot na sila ng ginebra, because they work in the wee hours, and the shots are a before-sleep-time treat to themselves.
You probably live in Manila, or some big city, and have never been among the truly destitute.
Yang nga pari mo, when they shall have stopped molesting young kids, and/or benefiting from PAGCOR, then they will have acquired the moral high ground to attack jueteng.
When the people in the Vatican shall have lived in poverty like Mother Teresa, then they will have acquired the moral high ground to talk about not using contraceptives to alleviate poverty. But talking about poverty alleviation while they are awash in cash is hypocritical.
RE: Section 15 of Article VII of the Constitution states: “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”
Well, mga Igan…fresh as sariwa pa ba sa inyong diwa ang 2001, ngayon…maraming legal luminaries ang nag quote and quotes about sa legality ng mga alituntunin sa Saligang Batas at anumang laws na may kilanaman sa usaping ito.
Sino ba ang mga nangwalanghiya at dumusta sa ating Saligang Batas…kaya si Madam Gloria e 10-years nag-enyoy sa enchanted kingdom? Karma di ba…ang karamihan sa mga todo-kontra ngayon e sila din naman ang kasamang sumalaula sa ating Saligang Batas.
Ibig sabihin nito e patas ang laban…after all na gamitin nila si Madam Gloria, ngayon ilalaglag naman nila after all na mapasubo ito sa isang usaping legal.
Kaya malaking lesson ito sa Yellow wannabees coz’ hayagan na ngayon ang multo na inyong pinaggagawa noong 2001. Kaya prepare yourself Noynoy…coz’ naguumpugang bato ngayon ang siyang mong kakaharapin dahil sa ang Pinas e lugmok sa dusa’t hirap?
Ang Hello Garci wannabees, leftist/rightist at Masang Noypi ang nakatutok sa iyong pamumuno kung saka-sakali na ikaw ang maiproklama ng Kongreso.
Stop muna reklamo…gawin mo ang inaakala mo na mabuti at tama sa oras na maluklok ka sa enchanted kingdom!
# 31. “When the people in the Vatican shall have lived in poverty like Mother Teresa, then they will have acquired the moral high ground to talk about not using contraceptives to alleviate poverty. But talking about poverty alleviation while they are awash in cash is hypocritical.”
Naboldyak mo atty sax ang tungkol sa jueteng/lotto at moral high grounds kuno tungkol dito. Basta ako ay regular na bumibili ng lotto dahil meron akong allowance dyan at marami akong paglalagyan kung sakali na manalo, hehehe!
Nagkalat na ang casinos sa Pinas at kailangan ng gawin legal ang jueteng para meron pakinabang na legal din ang gobyerno at mga empleado (SSS benefits).
Aywan, pero ang mga pari hindi maasahan sa pag suplong sa gambling…ang nakita ko sa mga ilan na kapari-an pag katpos ng misa sa lingo..pagkatapos kumain ng mga sarap na pagkain…uupo na sa mesa at “mag ukay ukay na” at mag mahjong…friendly game? ok lang…pagsummer naman dito hindi mawawala na magkatapos ng misa sa park may mesa na nakalatag hindi para kainan kundi para mag pong pongan..lalo na kung pari na nagmisa ay Filipino…friend game kuno…para hindi halata na pera ang ginagamit..di chips o kaya listahan..ang mga dayuhan na pari ay hindi nagmimisa sa bahay bahay o sa park..except for a big prayer rally like when the Pope was here…sa mga ibang lahi ang misa ay sa simbahan at ang kainan ay sa restaurant….put things in a proper perspective…
at ito pa…sa fund raising sa simbahan 50/50 raffle tickets, bingo, etc. ang paraan..hindi ba ito ay isang form ng gambling? does the means justify the ends? ginagawa ito ng simbahan na isang paraan..ano ba padir..do what I tell you to do, but don’t do what I do? ang biro nga: “padir ano ang aliwan mo sa free time mo? ang sagot ng pari..”di ano pa..mag coffee at mag rosario..o siya nga pala, gusto mong mag cofree? Rosario, magdala ka nga ng coffee..”..amen at nagdala si Rosario ng coffee…
@Sax #31: Even if I explained to each jueteng player it’s a fixed game; these people addicted in this game will brush me aside. Only way to bring jueteng to it’s death; stop betting on it.
Sax, Kayang St was where my late father got his monthly haircut and me as well in the early 60’s…good to know you remember that place, I’m more of a Manzanillo kid or Lapu-lapu brat.
Lotto, just like any form of gambling is only self/family destructive if you don’t play responsibly. And when poor notorious lotto players read the news about a janitor or a cashier just won millions….it gives them that jet fuel to buy more lotto with the knowledge they’re next in line. Only well-to-do person I knew of who buy thousands of lotto weekly is Charlie Sheen, unsure if he’s still addicted to it. If you can afford, why not?
Jueteng on the other hand is a daily grind. They tend to spend so much for a prize which is not life-altering at all…yet people continue to patronize the game.
Jueteng money is free money for the Lords and his cohorts. The flowery chatter of legalizing it will not materialize. My take.
Wala pa yatang nakukulong sa Pilipinas kapag nilabag ang Saligang Batas. Si Gloria Arroyo ang numero unong lumalabag sa batas. Malayang kumurakot dahil walang reklamo. Kung may sabit suhol kaagad. Masaya silang lahat.
all march 2010 appointees as well as the chief justice should be asked to tender their resignation or risk the embarrassment of being E.O.’d out of office.
i hope noynoy will stand firm on this and he should know that the majority of people are behind him on this issue.
siguro, ang more relevant question sa pag-reappoint ke genuino at mga board of directors ng pagcor ay kelan ba natapos o matatapos ang term of office nila bago sila na-reappoint? kung bago may 10, siguro dapat bigyan sila ng temporary appointment hanggang 30 jun 2010. pero kung hanggang beyond may 10 pa sila dapat, walang bisa ang re-appointment dahil walang bakante as of may 10.
garapal talaga si pandak ang asawa ni oink oink.
the nation is faced with so much things to reform and overhaul, to really steer the country in the right direction , to be led by the right people and for the right cause.
If a Public Servant did something wrong Punish Him…here is one good example.
Brigadier-General Daniel Menard, Canada’s top commander in Afghanistan, has been relieved of his duties after allegedly having an inappropriate relationship with a member of the Joint Task Force Afghanistan, department of defense officials say.
The announcement was made by Lieutenant-General Marc Lessard.
Chris Lemay, a spokesman for the Canadian Expeditionary Forces Command, told QMI Agency the department of defence has a “zero tolerance on personal relationships and fraternization” with members within the forces, as well as with members of the joint task force Afghanistan.
He said there was evidence a member of the task force and Menard “have had a relationship.”
http://www.torontosun.com/news/canada/2010/05/29/14187281.html
Note: This Action has been done by the Military Command solely according to its rule..
Earlier this week, Menard was fined $3,500 for accidentally firing his rifle twice at the Kandahar airbase on March 25. Instead of putting the C8 carbine rifle into safety mode, he put it into automatic, and it fired twice. The bullets did not hit anyone or damage any equipment.
Menard pleaded guilty to the violating section 129 of the National Defence
#31: nakakita ako ng mga kargador sa Kayang, tumataya ng jueteng after having given their kids baon for school.
unfortunately what you have seen was the exception, many school children go to school without having breakfast, while their parent bet on lotto or jueteng.
innocentl children were the collateral victims of irresponsible parent betting on Lotto or jueteng while they can’t even provide 3 meals a day for their family, many families now eat only once or twice a day, resulting to malnourishment and early deaths
Para mo nang awa vic. Please tone done the paeans to Canada.
The common interest here is the Philippines. That is the only reason why we come to this blog. If ever I quote US decisions, it is because the Philippines copied US laws, and US court decisions affect our interpretation of Philippine laws. I do not know of any law copied from Canada; although I believe we should copy some.
I am glad you are happy in Canada. As for myself, when I make my pile, uuwi ako.
Vic,
If your posts are true, maybe becauwe they have respect in their laws.
Iba sila sa mga nakaupo hanggang ngayon sa gobyerno namin sa Pinas. Mga walang kahihiyan.
Ako, natutuwa ding kuntento ka na d’yan sa iyong pagiging isang Canandian, subalit tulad ni Atitiway Sax, please naman, tama na. Let’s focus sa Pinas.
Mr. Joeseg, wala ka bang masasabi tungkol diyan sa iyong kinalalagyan sa Canada? Tahimik ka, eh. Share ka naman.
gambling is addictive, and anything addictive unless practice under control is destructive…just like drugs it too is very destructive that is why it is among the source of income of organized criminals…making Jueting or number games legal will make most players addicts and knowing there is no program for this kind of addiction prevention or treatment at all it will be another nail in the coffin for a society that is already in Big Trouble…
As for Sax, yes I will tone down the “good news” coming on this part but that does not mean that there is much difference between the laws over here, in the U.S. and the Philippines, just the character perhaps.
i think gambling is for those who are old enough and not for children and minors, because they are easily influenced. adults however are not children and should be allowed to gamble. living anywhere in the world today is like gambling, taking risks and making decisions everyday that can influence ones and others future is quite ordinary.