This is another sad day for democracy.
The Supreme Court junked the petition of Sen. Antonio Trillanes IV to be allowed to perform his duties as senator.
A Makati Regional Trial Court, meanwhile, dismissed the class suit filed by members of media and concerned citizens against government offficials responsible for the former’s arbitrary arrest and handcuffing duringthe Nov. 29, 2007 Manila Peninsula incident.
Following are the news reports:
SC junks Trillanes bid to attend Senate functions
by Evangeline de Vera
The Supreme Court yesterday unanimously dismissed the petition of detained Sen. Antonio Trillanes IV seeking to be allowed to attend to his official functions and duties and to receive members of his staff at the Marine Brig in Fort Bonifacio, Taguig.
In a 16-page decision penned by Associate Justice Conchita Carpio-Morales, the SC en banc affirmed the earlier ruling of Makati Judge Oscar Pimentel that denied Trillanes’ arguments on the ground he is a flight risk.
Trillanes is facing a coup d’état charge before the Makati court for leading, along with other junior officers, the Oakwood mutiny in 2003 when he was still a Navy lieutenant. He has asked to be allowed to attend Senate sessions and other plenary or committee hearings, receive members of his staff in his place of detention, and give media interviews.
The tribunal, in calling him a flight risk, cited the standoff at the Manila Peninsula hotel in Makati City last November.
The high court also said the determination of whether the evidence of guilt against Trillanes is strong lies with the trial court, thus justifying his detention as a valid curtailment of his right to provisional liberty.
It further said Trillanes’ reliance on the case of rape convict Zamboanga del Norte Rep. Romeo Jalosjos, who filed a similar motion with the trial court, cannot be given merit because their cases are similar only with respect to the application of the presumption of innocence during the resolution of their motions.
It said the court, in the Jalosjos case, did not say that the presumption of innocence no longer operates in favor of the accused pending the review on appeal of the judgment of conviction.
“The rule stands that until a promulgation of final conviction is made, the constitutional mandate of presumption of innocence prevails,” the SC said.
Pimentel, in junking Trillanes’ motion in July last year, said the Marine Brig is a high security detention facility, not a civilian government office where Senate staff and assistants, who are not detainees, can come and go or hold office.
The lower court also gave merit to the arguments of state prosecutors that the charge against Trillanes was non-bailable, thus he should not be “furloughing from his place of detention at the Marine brig” that would render a senator “above and beyond the pale of the law.”
****************************************************************
P10M class suit of Pen journalists dismissed
by Ashzel Hachero
A Makati court yesterday junked for lack of evidence the P10 million class action suit filed by print and broadcast journalists who were arrested while covering last November’s stand-off at the Peninsula Manila Hotel.
In a five-page decision, Judge Reynaldo Laigo said the order of the authorities for those inside the hotel, including the plaintiffs-journalists, to vacate the premises were “lawful” considering the “dangerous situation” at the time.
Laigo said the order by PNP-NCRPO Director Geary Barias “appeared to have been disobeyed” by the journalists who refused to leave the hotel.
He said the journalists could have been indicted for criminal offenses “but they were so lucky as none had been initiated against them.”
It added: “Thus, the plaintiffs (Ellen Tordesillas, Charmaine Deogracias, Ashzel Hachero, James Galvez and Vergel Santos) having been handcuffed and brought to Camp Bagong Diwa, Bicutan, Taguig City for investigation, and released thereafter was justified, it being in accordance with the police procedure.”
The Makati court also ruled that the pronouncements of the authorities after the November 29 incident was no attempt to curtail press freedom as alleged by the plaintiffs.
Thirty-six media practitioners and four media organizations, namely, the Philippine Center for Investigative Journalism (PCIJ), Center for Media Freedom and Responsibility (CMFR), Union of Journalists of the Philippines (NUJP) and the Philippine Press Institute (PPI) filed charges against officials led by Justice Secretary Raul Gonzalez Sr. for “impinging on press freedom” and for their “continuing threats” against media practitioners.
Of the 36 journalists, five were actually arrested and “processed” at Camp Bagong Diwa, namely Tordesillas and Hachero of Malaya, Deogracias of Japanese broadcast agency NHK, Galvez of Manila Times and Leah Flor of the Philippine Cable Television.
The journalists have said they were arbitrarily arrested without probable cause while covering the standoff between the Magdalo group led by detained Sen. Antonio Trillanes IV and government troops. They said they were not formally charged or informed of their rights by the authorities.
They also complained that after the incident, respondents Ronaldo Puno, Hermogenes Esperon, Raul Gonzalez, Avelino Razon, and Gilbert Teodoro continued to make “threats” or warnings” to arrest or charge media practitioners who “ignore or interfere” in the conduct of police or military operations.
They said such threats have a “chilling effect” on the exercise of their rights accorded under the Constitution.
Also included in the complaint were Barias, Southern Police District Director Luizo Ticman, PNP-Special Action Force Commander Leocadio Santiago Jr. and PNP-Criminal Investigation and Detection Group Chief Asher Dolina.
Lawyer Harry Roque, the plaintiffs’ counsel, said the ruling represented the “biggest blow to our cherished civil liberties to date.”
Roque said the Supreme Court, in its decision on Chavez v. Gonzalez (G.R. No. 168338, Feb. 15, 2008) which dealt with the airing on radio of the “Hello Garci” tapes, found that Gonzalez violated freedom of the press in his statements which were similar to those he aired in the Manila Peninsula stand-off.
The lawyer said he could not understand why the lower court ruling differed with that of the SC in a very similar case.
“The Supreme Court found that such was unconstitutional. We do not see why Judge Laigo could not apply the same prohibition in the case of the Gonzalez advisory on the Manila Pen incident. Note the strong similarities: Both statements were worded legally, quoting provisions of law and legal action, both statements were issued to the owners of media establishments, and both were not explicitly worded in such a way that one could literally extrapolate prior restraint from the statements,” he added.
Tordesillas said she was dismayed by the ruling but vowed to continue the fight. “Arbitrary detention of reporters as what happened in the Manila Pen was an assault not only on the journalist’s basic human rights but more so to press freedom,” she said.
She said the “decision undermines our ability to perform our duty of informing the public but also deprives the public of the right to know and be informed truthfully of government matters that affect them.”
“This is a sad day for democracy,” she said. A meeting is scheduled today to decide the next step for the journalists.
From Inquirer:
What can you expect? What you have there is a kangaroo court with hand to mouth or should I say hand-extending judges. Pity how the justice system in that land of our birth has deteriorated. No thanks to conniving lawyers, prosecutors, and police of some equally corrupt agencies and associations to which they belong.
Note that I am not including the military in the agencies that are supposed to uphold the law and make sure that justice prevail. It should belong to another agency as a matter of fact for the main function of the military in fact is to protect the country from foreign invaders, not kill its own people. Criminals, hoodlums, et al are the responsibilities of the police and the justice department.
Is that difficult to understand?
Ellen,
I don’t agree with the Supreme Court and ther decision for junking Sen Trillanes’ petition.
The Filipino people voted him Senator BECAUSE THEY WANTED HIM TO DO THE JOB OF A SENATOR.
The people of the Philippines spoke when they voted Trillanes senator against all odds — so why can’t they respect that. While I accept that the job of the SC is to interpret the laws of democracy, they must do it with the spirit of the law in mind and not to confuse the citizens of the rpublic with their charrabia.
As Rousseau said, the law is best served when applied with reason.
All these SC legaleses are nothing but gobbledygookings! They who did everything in 2001 to undermine the Republic are not credible!
Related topic, FYI
—– Original Message —–
Sent: Friday, June 27, 2008 11:04 PM
Subject: Photos/Text: Remembering UP students Karen and Sherlyn, Year 2 of Abduction
Students and human rights advocates gathered at UP’s Claro M. Recto Hall to remember Karen and Sherlyn on the second year of their abduction by military operatives in Bulacan.
Present were their parents and friends who recalled their moments with the two missing students. They expressed the hope that the two victims of enforced disappearances are still alive, and demanded their release.
Please visit:
http://www.arkibong bayan.org/
or go directly to:
http://www.arkibong bayan.org/ 2008-06June25- KS2ndyr/karshery r2.htm
Arkibong Bayan Web Team
I wonder what’s happened to the baby of the UP student who was pregnant when she was abducted. If they are not alive, of course, they are dead. Makonsensiya naman sana ang mga pumatay sa kanila. Truth is there are unforgivable sins; those that there can be no retribution. Sayang iyong mga mokong na mayabang pang nagsisimba at nagdarasal kuno pero demonyo naman gaya ni Gloria Dorobo, husband and family.
Sorry but the URL is
http://www.arkibongbayan.org/2008-06June25-KS2ndyr/karshery r2.htm
What do we expect from Gloria Arroyo’s Supreme Court? Majority of the magistrates are GMA’s appointees. They have to protect their queen at all cost. Even the lower court’s decision on arbitrary arrest is bias. The rule of law is prostituted under corrupt Arroyo Regime.
Part 1 of Atty Harry Roque’s statement:
Makati Judge’s order dismissing journalists’ Manila Pen case a blow to civil liberties
The order by Judge Reynaldo M. Laigo dismissing the complaint by journalists against government officials behind their arrest and detention over their coverage of the Manila Pen incident on Nov. 29, 2007 may yet be the biggest blow to our cherished civil liberties to date.
Under the Rules of Court, when defendants file a motion to dismiss on the ground that the Plaintiffs have no case or “cause of action” against them, they are deemed to have at least hypothetically admitted all the allegations in the complaint, and on the basis of such an admission, the court could render a valid judgment. This means that the Respondents admitted that journalists who covered the Manila Pen incident and chose to remain there despite an impending police assault on the Magdalos were arrested, cuffed, and bundled out to be processed like common criminals without the benefit of being told why they were being subjected to such indignities; this also means that indeed, the journalists were prevented from doing their jobs.
Under the facts and circumstances of this case, it is difficult to imagine how the case could be dismissed. First of all, it must be noted that when the plaintiffs first brought this case before the courts, the Executive Judge, the Hon. Winlove Dumayas, issued a three-day restraining order, an indication that he indeed found basis in the plaintiffs’ claim of violated rights and continuing threats on such rights.
We not that rarely does a defendant public official actually come out with a statement that by its plain wording constricts the freedom of the press. In recent times and with rising regularity, the pronouncements against the media come disguised as reminders directed at the media of the provisions of the law. In particular, press statements and advisories with provisions lifted from the field of criminal law are the preferred form that the DOJ reminders take.
Part 2 of Atty. Roque’s statement:
The most recent of these pronouncements is the DOJ Advisory issued by Sec. Raul Gonzalez in the wake of the Manila Pen incident. On Jan. 11, 2008, he issued the so-called “Advisory” addressed to the Chief Executive Officers (CEOs) of media networks and press organizations, and written in capital letters:
PLEASE BE REMINDED THAT YOUR RESPECTIVE COMPANIES, NETWORKS OR ORGANIZATIONS MAY INCUR CRIMINAL LIABILITIES UNDER THE LAW, IF ANYONE OF YOUR FIELD REPORTERS, NEWS GATHERERS, PHOTOGGRAPHERS, CAMERAMEN AND OTHER MEDIA PRACTITIONERS WILL DISOBEY LAWFUL ORDERS FROM DULY AUTHORIZED GOVERNMENT OFFICERS AND PERSONNEL DURING EMERGENCIES WHICH MAY LEAD TO COLLATERAL DAMAGE TO PROPERTIES AND CIVILIAN CASUALTIES IN CASE OF AUTHORIZED POLICE OR MILITARY OPERATIONS.[1]
Judge Laigo said in his order dismissing the complaint that the advisory of the DOJ was merely a reiteration of prevailing provisions of law, in particular, that found in the Revised Penal Code.
Plaintiffs respectfully disagree and point out that this is not in accord with prevailing jurisprudence by the Supreme Court on the subject matter.
Part 3 of Atty. Roque’s statement:
In the most recent case of Chavez v. Gonzales (G.R. No. 168338, Feb. 15, 2008) which dealt with the airing on radio of the Hello Garci tapes, the Supreme Court found that the same defendant violated freedom of the press.
In that case, DOJ Secretary Gonzales did not engage in explicitly worded unconstitutional prior restraint. As he does now he also did back then, he worded his oppression in terms of “liability under the Anti-Wiretapping Act.”
The Supreme Court struck down as unconstitutional this press statement, which has a chilling resemblance to his Manila Peninsula advisory. The Court stressed thus:
in resolving this issue, we hold that it is not decisive that the press statements made by Defendants were not reduced in or followed up with formal orders or circulars. It is sufficient that the press statements were made by Defendants while in the exercise of their official functions. Undoubtedly, Defendant Gonzales made his statements as Secretary of Justice, while the NTC issued its statement as the regulatory body of media.[2] [emphasis in the original].
Compare the Gonzales advisory in the Manila Pen incident to this:
NTC GIVES FAIR WARNING TO RADIO AND TELEVISION OWNERS/OPERATORS TO OBSERVE ANTI-WIRETAPPING LAW AND PERTINENT CIRCULARS PN PROGRAM STANDARDS
xxx xxx xxx
Taking into consideration the country’s unusual situation, and in order not to unnecessarily aggravate the same, the NTC warns all radio stations and television owners/operators that the conditions of the authorization permits issued to them by Government like the Provisional Authority and/or Certificate of Authority explicitly provides that said companies shall not use [their] stations for the broadcasting or telecasting of false information or willful misrepresentation. Relative thereto, it has come to the attention of the [NTC] that certain personalities are in possession of alleged taped conversations which they claim involve the President of the Philippines and a Commissioner of the COMELEC regarding supposed violations of election laws,
xxx xxx xxx
Part 4 of Atty. Roque’s statement:
The [NTC] will not hesitate, after observing the requirements of due process, to apply with full force the provisions of said Circulars and their accompanying sanctions on erring radio and television stations and their owners/operators.
The Supreme Court found that such was unconstitutional. We do not see why Judge Laigo could not apply the same prohibition in the case of the Gonzalez advisory on the Manila Pen incident. Note the strong similarities: Both statements were worded legally, quoting provisions of law and legal action, both statements were issued to the owners of media establishments, and both were not explicitly worded in such a way that one could literally extrapolate prior restraint from the statements.
Yet, the Supreme Court found that this was still unconstitutional despite the fact that there was no direct or literal prior restraint from the plain wording. Justice Tinga aptly noted in a separate opinion that “in contrast to the NTC, the DOJ Secretary heads the departments of government which has the premier faculty to initiate and litigate the prosecution of just about anybody.”
Part 5 of Atty. Roque’s statement:
In fact, official acts by the government during and after the stand-off at the Manila Peninsula indicate a policy of censorship – and the mass warrantless arrests coupled with the press release by the DOJ constitutes a standing threat to unleash the same police forces and arrests on members of the press should they brave danger and cover such an event in the future.
Here, police treated the journalists as suspects in a crime, taking them into custody but without informing them what offense or crime they have committed and without providing them with a counsel of their own choice.
Indeed, in one resounding chorus, the statements of the Secretary of Justice and other members of the President’s cabinet, approved of the abusive, arbitrary and repressive manner in which policemen treated the journalists who were covering the Manila Peninsula standoff and threatened to unleash the same treatment against journalists in future news events of similar nature.
Part 6 of Atty. Roque’s statement:
Thus we maintain that restricting the movement of the press in such a threatening manner, taking into account the totality of the official acts of the police and the DOJ, constitutes an invisible threat of state retaliation by its police and prosecutorial forces should the press venture into areas that the police declare as a crime scene.
The press and the plaintiffs are not claiming special access to crime scenes or special privileges not enjoyed by other citizens. If a member of the press is later arrested for disobedience to a lawful order by the police, so be it. This entire case is not about that, despite the attempts by the defendants to portray it as such.
This case is about the brutal and oppressive police and DOJ response to media coverage of a political event. The illegal warrantless arrests, rough treatment, detention and DOJ advisory written in capital letters, all constitute a threat, creating a chilling effect that is unconstitutional and must be struck down again as it has been before by the Supreme Court.
Pasensya na kayo sa sobrang haba ng statement ni Harry Roque.
Hindi siya galit.
Admirable is the message of Sen. Trillanes sent through a relative who visited him yesterday:
Here’s my two cents worth. Some of us might still be in denial, there is no such thing as civil liberties in the Philippines at present atmosphere ever since the day whore Gloria Arroyo stole Malacanang. It’s all about the laws dictated by the Arroyos and Company, all paid for by the people’s tax money. It’s a great system for whore Gloria, since the Pilipinos letting her do it. Anyway, who’s going to stop the bums?
I share Toney’s opinion. We can cry out loud all the time but there will never be justice under this evil Arroyo regime. We should expect nothing. All we can hope for is to wait till this evil bitch is gone. And make sure that the next President is a genuine opposition.
I really feel bad. I’ll sleep. I hope tomorrow’s okay.
Ellen, Lady Justice have been weeping all this time. We have no justice in the Philipiines since the evil bitch took over! She appointed all her cronies to the Supreme Court so what do you expect? All the lower courts have to toe the line. They know that if they follow the evil bitches’ ways, they too will be given a bone. We have no one to blame but US- the Filipinos, Ellen. We allowed this evil bitch to take over the country like it is her own domain! Only the people can do something. If they decide atatus quo for the next two years, let it be. Justice will prevail by then- after this “criminal” is gone!
Ellen, I hope that tomorrow you will feel better! God is watching. He will not give us a something we can not carry. We just have to keep praying that the “sleepy” people who installed the evil bitch to power will soon say “Enough is Enough”!
But how long do we have to suffer? How long do we have to weep? How long do we have to cry for justice?
Where are the 11M Filipinos who voted for Senator Trillanes? Why are they not throwing stones at the judge who such ruling that makes their votes useless? Sa amin iyan, magmamartsa na ang lahat ng bumoto sa kaniya. Too bad, hindi kasi sila hapon!!! 🙁
Who passed such ruling…..
Off topic but Malaya reports, “Obama fails to find time for Arroyo.” That’s my candidate especially if she tries to slip in some cash for his campaign that is a big no-no! Buti nga sa kaniya. Akala niya kasi sikat siya! Ulol!
She will have her day in the Court of God! I pagdadasal siya ng mga kaluluwa ng mga namatay dahil sa kanya..hindi tutulog ang mga nasawi and their souls will haunt her to death! May araw din siya. Ang langit at ligaya niya ay dito sa Pilipinas at siya ang makapangyarihan pero may impierno na nag aantay sa kanya..Kung ano ang ligaya niya ngayon mas mahigit ang pagdudurasahan niya sa kabilang buhay.
…sa picture na pinalabas ng MB nakangisi siya sa UN reception kasama si Davide at ang kanyang buntot na dingbat na tingalingngaling..nagtiringring…may hitsura din pala siya at si Brenda..pero ang pantat (catfish) ay may hitsura. Hitsura mo daw pantat..
…nasa West Coast na ba? Ihanda na ninyo ang Sing Sing..at ikulong na sila…
Pinas can’t expect anything from Gloria’s Supreme Court. Habang pinasusweldo ng Pinoy ang mga walang-kwentang Injustices ay si Gloriang Korap lang ang kanilang pinaliligaya.
Naghihintay na lang akong mamatay silang lahat! Puta nila sa SC. 11M pinoy ang nagpawalang-sala kay Trillanes, bakit nila hindi papayagan na ito ay magsilbi sa mga tao. ULOL kayo sa Supreme Court!
Oo nga, pero mas mabuti sana kung hindi tinawagan ni Barack si Gloria. Ganun din iyon, umiwas lang si Obama na makuhanan siya ng picture together with the most corrupt person on earth.
Iwas pusoy pa si Mc Cain. From Fresno, umalis siya ng maaga para hindi makita si putot. Hangga ngayon ay wala siyang panahon sa putang Gloria!
Kaya naka-base sa NY ang babaeng Pidal ay naghihintay ng awang kodakan sa 2 US presidential hopefuls na iniisnab naman siya. Ang kapal.
Hayop na babae iyan, nang magpunta sa Wall Street ay bumagsak ang market. Dinadala pa sa Amerika ang kamalasan.
Sa nangyaring disasters dala ni Frank at ng dalawang injustice decisions ng korte, agree ako kay Tongue that Pinas is cursed!
Ngayon lang ako manghihiram nito kay Yuko sa loob ng mahigit na dalawang taon ko dito sa Ellenville. “Kawawang Pinas”!
Hindi nga galit sa Atty. Roque sa haba ng kanyang litanya. 🙂 Matyaga naman akong magbasa lalo at hindi legalistic ang argument,hindi ako nawawala.
Madali namang intindihin ang kaso, takot lang si Reynaldo M. Laigo na hindi ma-promote. Hindi dapat nilalagyan ng titulo ang mga tutang judge daw ng Korap!
Nasan na ang mga civil libertarians?
Are we sure it was Obama who called GMA? It could be GMA who tried calling him and in order to put a stop to her insistence, he talked with her for a few minutes. So as not to embarrass the Philippines, Obama just issued a favorable statement. Their brief communication could be like this: GMA: “Hello, hello, hello…Senator Obama?” Obama: “Yes, this is Senator Obama. Please wait.” GMA: “Hello, hello…Mr. Senator, are you still there? Please answer.” Obama: “Oh yes, are you President Arroyo? Sorry I’m very busy. How are you? I hope you enjoy your visit here. I’d ask my assistant to prepare a speech for you. I gotta go. Bye!” GMA: “Hello, hello…Please speak to me. Hello, hello…”
Hehe, sana ay ganyan nga ang usapan nila, bitchevil.
Katatawag lang sa akin ng isang kaibigan na may kaklase na kasama sa entourage ni putot at ipinagmamalaki pa na ang saya saya nila at libre gastos..I asked..”it didn’t bother them? wala ba silang kosensya? these people are educated ..saan ang values nila..Ang sagot “Rose ganoon talaga ang politica sa atin..” ang sabi ko na lang ganoon ba? Kung lumubog ang barko…lulubog din itong putot na ito..
There is reason for those who want Trillanes to stay in jail to be happy, more than happy… They succeeded again in preventing him to speak and unvail their garbage. With all these experiences that this man hurdles now, he will make a good, a very good leader for this nation someday.
God bless his principles and strength of character despite all the attempts to totally destroy his life. Mabuhay ka Senator.
Eto, hindi po ito biro, pakiusap lang po ng batang musmus sa ating pinuno at mga pulitiko raw na nagpapasarap pa sa U.S.
“PO, PULITIKO WIWI NA PO ‘KYO PIPINAS. PO PERSIDENT WIWI NARIN O PO KAYO. BABAY AND I ROB ROB YOY ALL…” by Baby Charm
If Gloria is allowed by kapinuyan to remain in stolen power beyond 2010, baka edad ni Mandela na makalabas si Trillanes sa kulungan ni puta Gloria. Kailangang matsugi itong bitch na ito.
Hello Ms Ellen, do you regularly check your email posted on this site? I might email you soon, but I have to gather all my thoughts first. 🙂 I need a reporter’s POV po kasi. Thanks.
Hello, Ellen. It’s working now. Thanks.
I noted with special interest your citation of the SC ruling from PDI’s report. For purposes of “straight news reporting”, I would go along and say…it’s a fair attempt.
For purposes of using it as a basis for “forum/blog or internet discussion or analysis, I find it extremely inadequate and inappropriate. The PDI failed to include even a simple recitation of the “chronology of events” that led to the SC decision of denying the petition of the renegade ex-military officer, who still faces charges for the “oakwood mutiny” and the failed coup attempt at Manila Penninsula Hotel.
In fairness, and in the interest of presenting as complete a set of facts surrounding the failed attempts at destabilizing the existing Philippine government, therefore, I am posting here the version of Manila Bulletin, on exactly the same event reported by PDI, and which is being discussed in this thread.
>SC dismisses Trillanes plea to attend sessions
By Rey G. Panaligan
<The Supreme Court (SC) dismissed yesterday the petition of Sen. Antonio F. Trillanes IV
a.) to attend Senate sessions and other official functions,
b.) and to give interviews to media from the custodial center of the Philippine National Police where he is currently detained on coup d’etat charges.
In a unanimous full court decision written by Justice Conchita Carpio-Morales, the SC affirmed the Makati City regional trial court (RTC) which had ruled that:
* * * “the presumption of innocence does not carry with it the full enjoyment of civil and political rights.” * * *
It reiterated an earlier decision which stated that –
* * * “all prisoners whether under preventive detention or serving final sentence cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention.”<
<Trillanes and other military officers and men were charged criminally for staging the “Oakwood Incident” in Makati City in 2003.
<Four years later in 2007, he was elected to a six-year term as member of the Senate. His tenure as legislator commenced on June 30, 2007.
<While undergoing trial for coup d’etat charges before the Makati City RTC on Nov. 29, 2007, Trillanes and his comrades walked out of the court room and proceeded to the nearby Manila Peninsula Hotel where they staged another “incident.”
<As a result of the foiled take-over of the hotel, Trillanes was moved to the custodial center of the PNP.
<Before the start of his term as senator, Trillanes filed a motion before the RTC to allow him to attend sessions and other official functions, to grant interviews to media, and to receive members of his staff in his detention cell, among other requests.
<When RTC Judge Oscar Pimentel Sr. denied his motion, Trillanes elevated the issue before the SC. He impleaded in his petition the chiefs of the Armed Forces, the Philippine Navy, and the Philippine Marines, and his custodial officer.
<In dismissing Trillanes’ petition, the SC said that bail is not available to a person charged with capital offense or an offense punishable by life imprisonment when the evidence of guilt is strong. It said that Trillanes’ application for bail and for release on recognizance has been denied.
<On Trillanes’ claim that he is not a flight risk since he voluntarily surrendered to proper authorities, the SC said “subsequent events reveal the contrary,” as it noted the Manila Peninsula Hotel “incident” on Nov. 29, 2007.
<“The risk that he would escape ceased to be neither remote nor nil as, in fact, the cause for foreboding became real,” it said.
<At the same time, the SC said that Trillanes’ claim that his election provides the legal justification to allow him to serve his mandate as a senator, and that the denial of his plea to attend Senate sessions and other official functions is tantamount to removing him from office have no merit.
<Reiterating its previous ruling, the SC said: “In once more debunking the disenfranchisement argument, it is opportune to wipe out the lingering misimpression that the call of duty conferred by the voice of the people is louder than the litany of lawful restraints articulated in the Constitution and echoed by jurisprudence.”
<“The apparent discord may be harmonized by the overarching tenet that the mandate of the people yields to the Constitution which the people themselves ordained to govern all under the rule of law,” it said.
<It pointed out that “the performance of legitimate and even essential duties by public officers has never been an excuse to free a person validly in prison.”<
————————————–
Duro lex. Sed lex. The law is (or may be) hard. But the law is the law. Curiously enough, I have searched around for some or even one OP-ED from the main broadsheet daily papers, anticipating that there would be some (or even one) “contrary view, based on legal principles of law” that could be used for an “extended enlightened discussion”, about the legality or constitutionality, or even the fairness and equity of the decision of the Supreme Court. I have not found any, so far.
Neither have I found any here in this on-going thread…so far.
I do have a question. How many of the “orig” Manila Penninsula failed “coup d’etat-ers” (sic), aside from this renegade ex-military officer, and still-to-serve Senator, have not changed their pleas to GUILTY?
And a final comment. The law is simple. It commands. Do this. Or, avoid that. There are legal consequences (sanctions)for disobeying or violating the law. Otherwise, there would be anarchy. Too much lawlessness with impunity have been thrown and rolled under the bus…
The Armed Forces of the Philippines (AFP’s) main responsibility as defined clearly and dictated succinctly by the Constitution of the Philippines,(1987 as amended, a.k.a. Cory Aquino’s Constitution)is to protect the sovereignty of the nation against foreign transgressors, and (domestically)against violators of the Constitution.
For the last seven and a half years, the political opposition against GMA; including “mainscream media” – they make all the noises and disruptions, as if they represent the vox populi, when in fact, they do not… (i.e., elite broadsheet, elite broadcast, [tabloid,too]; and text-blog-internet media have been relentless in their “attacks” and “attempts”, legal or otherwise…to destabilize and kick out of the presidency, the duly-elected and duly-constituted president. The rabble rousers can rant and rave all day long…as in fact they have been for the last 7 and 1/2 years. They have thrown everything, including the kitchen sink, toilet cover, and bahay ebaken, at her. But…???? “no epek on da (small) pekpek”. There is a message here that the angry, noisy, emotional minority is refusing to accept. They have tried. They have failed.
Any attempts henceforth at “reviving” old scores…are, likewise, doomed to fail.
The decision of the Supreme Court is based on the principle of law and the Constitution. If anybody has any intelligent and incontrovertible point of law to assail the decision of the SC, then that would be worthwhile discussing, here or elsewhere.
Pero kung wala naman…give it up. Move on. Get a life.
The law has spoken. Respect it. Live it. Love it. Cherish it.
Kiss Sabay Hug
Pepeton
I’ve ben watching the celebration of the birthday of Mandela in UK on CNN and Sky News. If we go by the fallacy the rule even when it is wrong, abaw, baka wala nang magiging Mandela. Lahat mabubulok na lang sa kulungan. Dapat lang lumaban si Trillanes, pati na iyong mga bumoto sa kaniya.
They should insist on the court respecting their votes. Kahit judges of the Supreme Court cannot in principle be above the law and their interpretation of the law in fact should be subject to scrutiny especially when the judges of the SC are mostly political appointees of the creep they are apt to protect now.
Common sense lang naman. No need for those high fallutin legal terms that laymen in fact will have difficulty understanding unless matalino sila.
Sige tuloy ang laban!
Ooops, putol! This should be “If we go by the fallacy of following the rule even when it is wrong, abaw, baka wala nang magiging Mandela.
Watch the well documented power grab of tiyanak pidal with the cooperation of the Supreme Court justices:
http://www.youtube.com/watch?v=Eh9bECSgfqk&feature=related
Pepeton Says:
June 28th, 2008 at 12:36 pm
The Armed Forces of the Philippines (AFP’s) main responsibility as defined clearly and dictated succinctly by the Constitution of the Philippines,(1987 as amended, a.k.a. Cory Aquino’s Constitution)is to protect the sovereignty of the nation against foreign transgressors, and (domestically)against violators of the Constitution.
Pepeton, why are the Armed Forces of Pidal, I mean Philippines, is not protecting the sovereignty of the nation against the violators of the Constitution like the coup d’etat of tiyanak pidal, with the support of the Supreme Court justices, against the constitutionally elected President Joseph Estrada?
Pepeton said, “The decision of the Supreme Court is based on the principle of law and the Constitution”. Did you watch the you tube link above?
Pepeton, you stated above that GMA is duly-elected and duly-constituted president. Are you out of your mind? Did you see my you tube link above? What about the Hello Garci tape? What happened to that overwhelming evidence, huh?
This is the essential part of the Laigo ruling:
that order issued by defendant PNP-NCRPO D. Geary Barias was lawful and appeared to have been disobeyed by all those, including some of the plaintiffs, when they intentionally refused to leave the hotel premises for which an appropriate criminal charge under Article 151 of the Revised Penal Code, which is applicable to all, including the media personalities,….
***********************
Your Honor, you did not read Article 152. Who are persons in authority?
Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
At best, Barias and his men could be considered agents of a person in authority, but only if he came to the aid, or were he acting upon orders of the persons or entities named above. In the Manila Pen situation, therefore, Barias and men could not be considered to be agents of a person in authority.
Article 152 speaks of “court or governmental board or commission”; because board or commission is lumped together with “court”, it means a board or commission exercising quasi-judicial functions, like the Comelec when it exercises its quasi-judicial functions, or the Energy Regulatory Board, now the Energy Regulatory Commission. Barias was not acting upon orders of any board or commission. He gave the orders himself, something he had no authority to do.
Criminal law is strictly construed in favor of the accused. His Honor’s interpretation is more favorable to the government than the potential accused, which renders it a ruling in error.
“The decision of the Supreme Court is based on the principle of law and the Constitution”.
Therefore, ikulong si Gloria! She is the illegitimate one and has not obeyed the Constitution and rule of law from day one!
O, hindi pala awtoridad si Barias, nagpapapogi lang sa area ng Manila Pen!
Of course, the Laigo ruling like the other court rulings favor Gloria’s fake government, kailan ba hindi?
While the Philippines SC are making dismaying decisions, especially regarding the Freedom of Expression, Canada’s SC is a 7-2 decision (only nine justices in the SC)Just defined the “What is a Fair Comment” and give the Media more freedom without the Threat of Unnecessary Libel Suit.
Decision on boundaries of fair comment will make it easier to engage in freewheeling debate
Jun 28, 2008 04:30 AM Tracey Tyler
LEGAL AFFAIRS REPORTER
While making it perfectly clear that nobody’s reputation should be brushed aside like roadkill, the Supreme Court of Canada made it easier yesterday for radio shock jocks and devil’s advocates to engage in freewheeling public debate.
In an important case about the boundaries of free speech, the court struck down a B.C. Court of Appeal ruling that found controversial Vancouver radio talk show host Rafe Mair defamed a family values advocate who was against having books depicting gay parents used in the province’s schools.
In an on-air editorial in 1999 that took issue with Kari Simpson’s crusade, Mair suggested she was displaying the kind of bigotry more commonly associated with Hitler or some notoriously racist Southern U.S. governors.
The case turned on the issue of what constitutes fair comment, a defence frequently used in defamation cases.
While courts hearing these cases must strive to balance freedom of expression with the protection of a person’s reputation – often their most valued asset – many courts around the world have already decided defamation law should be modified to give the media a wider berth to report on important issues without fear of being sued, the court said.
Public controversy can be a rough trade and the law needs to accommodate its requirements, Justice Ian Binnie said in writing for the seven-judge majority.
An individual’s reputation is not to be treated as regrettable but unavoidable roadkill on the highway of public controversy, but nor should an overly solicitous regard for personal reputation be permitted to `chill’ freewheeling debate on matters of public interest, said Binnie.
It was the first time in nearly 30 years the court has considered the limits of fair comment.
It is a long overdue first step by the Supreme Court to modernize libel law, to properly protect free speech, said Paul Schabas, president of Ad Idem, an association of media lawyers, which intervened in the case.
The Supreme Court has heard very few libel cases in the last few decades and this is the first one where they’ve really weighed in with an analysis that’s (anchored in) the importance of free speech, he said.
Until yesterday, a crucial question in determining whether a harmful remark constitutes fair comment was whether the person who made it was expressing their own honestly held view. The court revised that component of the test so the question now is whether any person could honestly voice the same view.
Mair, a former Social Credit cabinet minister, made his comments on CKNW radio. A B.C. trial judge dismissed Simpson’s case against Mair and the station’s parent company, WIC Radio Ltd., but her decision was overturned on appeal.
http://www.thestar.com/News/Canada/article/451016
Funny, Pepeton was the comic character who was the Communist mayor of a small mountain town in Italy in the Don Camillo novel series.
(Don Camillo was the priest in the sotry who was at odds with Pepeton, the Communist mayor who was always getting into scrapes and always ended up being saved by Don Camillo) novel series.
Sioktong, that was a nice documentary video you shared about power grab. Since you said your uncle is a retired INC Minister, do you know why or can you explain why INC supported
GMA last election? Do you agree that INC is partly to blame for the power this evil bitch enjoys today?
Talaga ba, Anna? Katawa naman si Pepeton, heheh!
Vic,
Kaiinggit naman kayo diyan, your Supreme Court is not beholden to any bitch and knows the fundamental rule of freedom of expression.
In Pinas, the only freedom its Supreme Court knows is the freedom of Gloria to prosecute anybody going against her evil path.
Pepeton,
Your argument re: AFP is irrelevant. This is about the police. Next time, read and understand first before posting a comment. Anna may be right. You are a comic character.
Tongue in, anew
Ellen,
Supreme Court junks Trillanes’ appeal. At the same time, lower court dismisses class suit vs PNP. Both happens while Gloria is on an insignificant US trip. Are these mere coincidences or are these tailored to push a scenario where Gloria may find an excuse to use martial rule to extend her hold on power, which idea is espoused even by Manolo Quezon.
Notice that both cases – the Oakwood mutinee and the class suit arising from the Pen standoff – are both connected to the Magdalo group, AT4 specifically. Manolo’s blog explains that it is posible that this (martial law declaration) may be the real purpose of this US trip and also of that trip coming in September, which is a few days before the impeachment filing ban on Gloria is lifted.
I initially doubted that theory by Manolo but now that these court decisions are coming out at the same time, the chips are slowly falling into place.
Is another God-Save-The-Queen coup drama in the offing?
Pepeton,
Your President Gloria Arroyo is a fake, has no clear mandate, usurper and great pretender. Gloriang Tiyanak claimed she got a mandate made in heaven.
Tongue,let’s see in the coming days if the twin court decisions are deeper than what it appears.
What I can believe is that Arroyo thinks Sen. Trillanes is a serious hindrance to her obsession to remain in power forever.
The Philippines has the proper laws. Either our current admin don’t have the money to properly enforce a law, or they simply don’t make the effort to enforce it or they are not qualified to understand the ” PROCESS” of enforcing the law.
I think so too.
And I’m sure the next time they get a chance like that one they blew in Manila Pen, they won’t hold back anymore and start shooting at the senator at the slightest opportunity.
Sorry na lang but this decision (and by congruence, Ces’ abduction) says it all: the next time around you guys in media will be shot if you get in the military’s way!
By the way, Ellen, I just saw you in the news tonight with Atty. Harry.
you have to appeal this. otherwise, they will cite this over and over again to justify rights violations.
Yup, if there’s a person Gloria wants eliminated, it’s Trillanes.
At this point, if only the kapinuyan had Trillanes and Gloria to choose from by way of an election, ilalampaso ni Sonny ang putang iyan!
Dapat kasi iyong 11M na bumoto kay Trillanes nagmamartsa na against the idiots making this kind of ruling. Pinayagan siyang tumakbo dapat payagan din siyang magsilbi sa bayan na bumoto sa kaniya.
BTW, I watched an interview with Aga Muhlach re the lousy Philippine government. OK ang sinabi niya and his willingness to do something for the poor.
OK iyong mga charities to help the needy, pero mali yata na pati kabuhayan ng mga mahihirap ipapaako na lang sa mga gustong tumulong samantalang sinasaid ng mga ganid ang kaban ng bayan. Ang dapat na ginagawa ng mga gusto talagang mapabago ang bansa, mag-alsa. Hindi naman kailangan maging violent ang mga pag-aalsa sa totoo lang. Problema lang nga hindi natitinag ang mga magnanakaw, lalo na iyon mga sementado na yata ang mga mukha.
Kawawang Pilipinas!
Gloria was lambasted by The Wall Street Journal, especially her Willard Intercon meeting with American business groups who feel for their Philippine counterparts still reeling from the heavy blows and extreme embarrassment they were dealt by Gloria’s allies in the Senate.
And it further takes issue with Gloria even bringing Santiago with her to New York to campaign in the UN for the ICJ.
I could have called her a moron but it would be unfair to all the stupid people.
si pepeton at si princesa luli kakai ay iisa lang, ang anak ng best pound for pound, dollar for dollar, peso for peso queen of corruption. Congrats to your dear family for making our country no. 1 in asia as most corrupt.
si pepeton at si princesa luli kakai ay iisa lang, ang anak ng best pound for pound, dollar for dollar, peso for peso queen of corruption. Congrats to your dear family for making our country no. 1 in asia as most corrupt.
Bitchevil, where were you during the 2004 general election? Were you in Canada already at that time?
In my opinion only, the INC made a conclusion that tiyanak pidal will cheat big in 2004 election. Besides, almost everyone in Pinas during that time was expecting tiyanak pidal to cheat big, so no surprise there. The only way the opposition will have a chance to win against tiyanak pidal is for the opposition to be united. Hence, the decision of INC was communicated to the opposition, months in advance, that they will be voted upon by INC only if they will be united which means if FPJ is the standard bearer of opposition then Lacson must support him and vice-versa. Otherwise, INC will vote for tiyanak pidal.
Two days before INC will announce its decision, which is about 7 days before the general election, both camps of FPJ and Lacson, held a marathon meeting for the purpose of uniting both candidates. They started around noon in their meeting and it did not end until the following night. I don’t think they even slept at all, they stayed up all night in their meeting rooms to get it done, to be united because of INC vote. In the end, both camps could not agree on anything at all.
That’s the reason why tiyanak pidal was voted by INC. All of these were published in newspapers that’s why if you were in Pinas you will not missed it. By the way, let me remind you that I am not an INC member but I can accept that I am a sympathizer of INC because of my uncle.
Thanks for the info, sioktong. But, one teaching that INC has is that a woman should not lead the nation. If this is so, why did they pick GMA?
Click here for the Wall Street Journal article Tongue mentioned about:
http://online.wsj.com/article/SB121443018402404837.html?mod=rss_opinion_main
Ellen,
I would like to pursue the discussion along the line/thoughts you expressed in your post:
<Ellen Says:
<June 29th, 2008 at 12:14 am
<What I can believe is that Arroyo thinks Sen. Trillanes is a serious hindrance to her obsession to remain in power forever.<
——————–
Will you please expound on this “conspiracy theory”?
What led you to believe:
first: that GMA is obsessed to remain in power forever?
second: how is the renegade, ex-military personnel (i.e., discharged dishonorably), and who has consistently failed in his attempts to overthrow the GMA administration (as a “mutineer”, and as a coup d’etat plotter), be considered (by GMA, or anybody for that matter) to be a serious threat (or hindrance) to GMA’s “obsession to remain in power forever.”
This is particularly, in light of the fact, that the “Oakwood ex-mutineers”, and/or the “Manila Penninsula Coup d’etat plotters”, ilks and cohorts of the “Senator-who-the-Supreme Court-has-decided should not serve (while in jail pending his criminal trials) – have all recanted, and/or pleaded guilty, and have vowed to “rejoin the establishment”?
It seems quite evident (to me) that this failed plotter is virtually all alone. And this latest SC decision junking his petition (again and again) to serve as Senator, simply reinforces that observation.
Stripped of his status as a military officer and enlisted personnel of the AFP, incarcerated for his pending crimes against the government (pending his trials), and slammed by the SC decision…how can he possibly be considered a “threat”, “hindrance”, or concern of GMA in whatever plans she may have during the remaining term of her presidency?
Further, when you said that GMA is obsessed with remaining in power, are you suggestisng that
a.) she and her loyal cabinet members, and staunch supporters in Congress, planning to declare “martial law”?
b.) or are you implying that GMA and her allies and supporters are planning to push with a Constitutional Change (as distinguished from a simple “amendment”)…and where such “change” involves a radical overhaul in the form of government from the Republican to the Parliamentarian?
Please to clarify and expound.
Pepeton
sioktong Says:
June 28th, 2008 at 5:10 pm
“Pepeton, you stated above that GMA is duly-elected and duly-constituted president. Are you out of your mind? Did you see my you tube link above? What about the Hello Garci tape? What happened to that overwhelming evidence, huh?”
==============
Sioktong – (don’t let that alcohol control your emotions).
Who is the President of the Philippines, now? Hellow??? The president of the Philippines is the one that is duly elected and installed according to law. And that is who, again?
Your claim about this, that and the other pile of crap which “mainscream media” have been peddling for and on behalf of all anti-GMAs, have all been heard, talked about…blogged endlessly…all in vain. If your life depended on your ability to prove…any of what you have just alleged here…you would have failed several times in saving it, just like the failed renegade mutineer and coup plotter, who got elected Senator, but also keeps on failing in his attempt to serve as one.
There are three branches of government: The Executive, The Congress, and The Judiciary… And only three. And the Media (elite liberal, radical, leftwing mainscream; tabloid, text, or blog) just isn’t one of it. Gets mo na?
Try tequila con sangrita. Shake those cobwebs.
P.S.
1. “A man convinced against his will, is of the same opinion, still” You have yours. I have mine. Don’t be personal with me…baka patulan kita when you catch me in a not so happy mood. Then things will get real ugly. Such is not my intention. But don’t push your luck and arrogance.
Remember, an opinion is just like an asshole. Everybody has one. Meron ka din nuon. The only difference between yours and mine is, yung sa akin “nakatago”…yung sa iyo, naka-expose.
===========
I am serious about my postings here in the hope of sharing some views based on my personal experiences, studies and researches; anticipating to learn from the views of others. I do not participate in a blog to argue, debate and prove my know-it-all, and know-it-better skills.
Don’t cheapen Ellen Tordesillas’ blog with “argumentum ad hominem” diatribes or “le charabia” (not “charrabia”)
Pepeton
Pusong Pinoye2
(I specialize in pro-bono reconstructive operation due to humanint* heart failure. But if you want it painless, the anaesthesia will cost extra)
If GMA is not the duly-elected and duly-installed president of the Philippines…then who is????
Your (multiple) choice:
a.) Erap na nagpahirap?
b.) Da Poe King (ina’t ama naman ay banyaga pala?)-vice his widow, Josefa Sonora?
c.) Noling Kabayan
d.) ABGMA (like Tita Kory, may K pa ba siya? Or FVR, Tabako but no smoke cigar…sige, si Joe de V, or Joe da V da Turd samo-samo naman sila, like daddy-o? si Lozada (but what will the Christian Brothers of La Salle say?) si Jamby M – kung may mana pa siya? or kaya mabuti pa si Jinggoy na lang (and, will JV mind?)…maski sino…maski na sino na lang…ANYBODY BUT GMA, pro-choys; or pro-gro—Figaro…pare-pareho yan.
Bottom line:
I hope to see the bar raised in the level of discussions in this forum. From what I have seen, it is definitely, maybe, even purposefully, lopsided…
All chatter…claims and counterclaims based on bigoted mindsets. She said…He denied…They believed…allegations, conspiracies, story-telling lies.
It is not only a sad day, but a tragic time, when media itself has participated, consciously or otherwise, in perpetuating…the same telenovelas without end!
The refusal to grow…is good and has been proven successful only in the case of “The Beetle”, “The Bug”, “The Volkswagon”…”Oh no…we refuse to grow…”
Final thought:
Too much dependence on government by the citizenry leads to lack of individual responsibility and accountability. Conversely, when citizens depend too much for practically every thing they need and want, such dependence ultimately and inescapably breeds, encourages and propagates excessive government intervention-interference, (in aid of the poor…) and government abuses such as invasion of individual rights to privacy, self-governance and self-rule.
This is really one of the fundamental reasons why the Philippines has been overtaken and left behind by practically every nation that it used to look back at.
Pepeton
Pepeton Says:
June 29th, 2008 at 5:13 pm
Who is the President of the Philippines, now? Hellow??? The president of the Philippines is the one that is duly elected and installed according to law. And that is who, again?
Pepeton, hahahahha. I hit a nerve huh? Let me remind you again the link below of your tiyanak pidal illegitimate occupants of malacañang.
http://www.youtube.com/watch?v=Eh9bECSgfqk&feature=related
In short, or in pandak, tiyanak pidal is an ILLEGITIMATE DE FACTO OCCUPANT OF MALACAÑANG. I repeat, ILLEGITIMATE DE FACTO OCCUPANT OF MALACAÑANG. There, are you happy?
Pepeton says:
If your life depended on your ability to prove…any of what you have just alleged here…you would have failed several times in saving it, just like the failed renegade mutineer and coup plotter, who got elected Senator, but also keeps on failing in his attempt to serve as one.
Pepeton says:
“If your life depended on your ability to prove…any of what you have just alleged here…you would have failed several times in saving it”
Pepeton, I just proved it to you and bloggers of this board the incontrovertible truth that tiyanak pidal is a coup d’etat occupant of malacañang and stole the presidency of FPJ by way of HELLO GARCI. Now, what is your proof that your tiyanak pidal is your legitimate occupant of malacañang? What can you say about the link that I provided especially for you? Is that video lying? I want facts from you not blah blah blah.
Pepeton says:
“There are three branches of government: The Executive, The Congress, and The Judiciary… And only three. And the Media (elite liberal, radical, leftwing mainscream; tabloid, text, or blog) just isn’t one of it. Gets mo na?”
Pepeton, I didn’t know that there are three branches of government? I thought the branches of government we have now are the conjugal pidal kleptomaniac illegitimate executive, arroyo congress, and arroyo supreme court. Wow, I didn’t know that. Well, what do you expect I am only a shoe shine boy with first grade education. You mean paid mainscream media of tiyanak pidal like Philippine Star, Manila Times, etc…. Gets mo ba?
Pepeton says:
“Don’t be personal with me…baka patulan kita when you catch me in a not so happy mood. Then things will get real ugly. Such is not my intention. But don’t push your luck and arrogance.”
Wow, is that trick or treat? I want you to do it. If it is just an empty threat then you are just wasting your time. I want to catch you in a not so happy mood that’s for sure. So, let me know when that is and I will do it. I want it to get real ugly, why you don’t want it? I want it to be your intention. I want to push my luck and arrogance but I don’t think I have that arrogance. You find truth akin to arrogance?
I don’t have opinion. I based it on truth via youtube link. What is your basis, pepeton?
Di ko alam naked na pala ako. Ikaw nakatago? Why are you a hacker? I don’t think you even know how to program by using the most basic software. How can you hack? Ah, your ask your lawyer for IP address? Then what? If you cannot do it then SHUT UP your mouth.
Di ko alam na hilaw na french fries ka pala?
Pusong Pinoye2, do me a favor please. Give pepeton a high dosage of anaesthesia so that if he ever wakes up hopefully tiyanak pidal is in prison already by that time together with fatboy pidal and their smuggler children.
Pepeton, I see your point; but your point is not shared by many. Just a couple of things: GMA is just a de-facto President. Fake or not, the country needs a leader. We need a government to function. If one needs to go abroad, he needs to have a passport. The passport is provided by the government who this evil bitch leads. People have no choice. As for Trillanes, I would like to believe that he and his group were betrayed by those who promised to provide assistance. The help never came. Somehow, other groups backed out at the last minute.
Galing ni sioktong a! Pinabilib mo ako, pati ingles mo naging diretso’t malalim. Masama ka palang ginagalit.
Pepeton, again, get your facts straight or no one will engage you in a discussion.
“I hope to see the bar raised in the level of discussions in this forum“, you said. To which level, yours?
Sioktong,
Don’t use terms na hindi mo naiintindihang gamitin. Do you know what “de facto” means? It simply means “actually”. In the context in which you used it, it also means, “in reality and actuality, as if formally…recognized.”
Just because you are adamantly against her winning the elections of 2004, does not make her victory “unofficial”. You can continue to rant and rave, and be livid, and refuse to recognize the legitimacy of GMA’s presidency. That does not make her de facto president.
What you have been advocating is a “bitter loser’s view”, not shared by over 40% of those who cast their official votes. Did you vote? Evidently, whoever you voted for and against GMA lost! Talo. Talunan. Therefore? You refuse to accept her legitimacy. And that, is the only evidence you can offer?
GMA was voted by a plurality mandate of over 40% in 2004. That is the formal and official result of the elections 2004. Go ahead and continue to rant and rave as rabidly as you can. That is not going to change the fact: GMA is the only president the Philippines has now.
We all know that since she was legitimately and constitutionally installed president back in 2001,to replace the ousted alcoholic, philandering, plundering ex-president na lalong nagpahirap sa mga mahihirap, anti-GMA media had been relentless in their obsession to make her the most unpopular president.
the GMA political opposition and those who
And until somebody can present evidence to controvert that official result and finding, GMA remains and stays president. And you can run rabid…pero wala kang epek on da pekpek. Media is not the official decision maker in this issue. Neither your link to more of the same garbage in, and garbage out (GAGO)diatribes.
Pepeton, de facto is different from de fuck toh. Your master in Malacanang is better referred to as de fuck toh President.
Akala ko impak-toh President.
<bitchevil Says:
June 29th, 2008 at 11:33 pm
Pepeton, I see your point; but your point is not shared by many.<
Pepeton acknowleges: Obvious ba? You raised a good point. Now here is mine:
a.) First, I did not post here to gain the “popular view” of the bloggers and subscribers in this Forum. If you go back to the archives, you will note, I have been one of the earlier (pioneer)posters here. Probably, earlier and ahead of most of the current posters.
And if you know or are familiar with the political views of Ellen Tordesillas, (based on her columns in the Malaya and Abante), you can more readily (intelligently) understand where her political views are coming from, with all the “anti-GMA” points of discussion that she has been initiating in her blog. And, hopefully, subscribers to her blog would be more appreciative of her purpose. That purpose, unfortunately, is not going to be met with “name-calling, diatribes, and fallacious argumentum ad hominem.” (i.e., the kind which evidently is flourishing here, currently). Many “internet discussion addicts” have found forum discussion a convenient venue for venting their frustrations. And subscribers who share similar frustrations, understandably and predictably, gravitate towards each other…regardless if their “frustration” and source of information is real or not.
Here in this blog, there are more (maybe, even a majority) of bloggers who have a “panata”…”hate na hate nila si GMA.” And it is this inner rage and seething anger that is propelling their emotions into senseless, immature (if childish)barrage of personality attacks. Net value of their postings? Less than zero. No epek on da pekpek. I do not particularly care to be “popular” in that circle of KSPPs (Kulang sa Pansin Posters…siguro kasi “kulang din sa PekPek)…or Pak-Pak.
————-
Bitchevil continues:
<Just a couple of things: GMA is just a de-facto President.<
Pepeton redirects: Completely disagree, based on official, corroborated, published and ratified proclamations, contrary to your personal claim.
GMA is the only legitimate president of the country. COMELEC declared it. The Congress validated it. And even in her previous term (2001-2004), the Supreme Court confirmed and upheld the Constitutional principle of law that the Vice President is the legitimate replacement for an officially ousted President.
Your claiming she is just a “de-facto President” is a statement of conclusion, based on your personal perception, I would surmise, from you have been reading from media. Reality check is needed here.
By definition and self-willed purpose, Philippine media has arrogated unto itself the role of “representing the vox populi or popular mandate of the citizenry.” (some even believe that they represent the “conscience of the popular will”).
Even in the USA, the lone superpower democratic country, media has been decidedly and purposefully – liberal, leftwing, radical, militant activists…and also understandably, trying to be the “fourth check” in the three branches of the government. Predominantly, USA elite media is not that much different from that of the Philippines.
But not all “news and opinions” that media “sells” to the public are based on facts. Undeniable. Incontrovertible. Many, in fact, are based on mere allegations, anecdotal accounts based on chismis, story-telling-lies that cannot pass the test of due process in the judiciary. And that is alright. Because media never was, nor ever intended to be judge or juror or an integral part of the judicial branch, the executive or the legislative branches of government.
Put another way, “don’t believe everything you hear and only (at most) half of what you see…in media. After all, the business of media is “selling news”. But (Pinoy) media has done an excellent job of “promoting their business as a purveyor of facts and truth,” (so persuasively), DE FACTO, whether they do so or not.
If you are interested in a scholarly pursuit on this issue…get a copy of the book “News for Sale”, written by Chay Florentino Hofilen~a, (initially as Masteral Thesis at the NYU), a scholarly study, where, incidentally, (from what I know) Ellen T has contributed quite a bit of “nuggets of wise insights” (but which unfortunately, were not publicly recognized by the author). Talk about what is fact. What is fair.
———————-
Finally, Bitchevil, concludes:
<Fake or not, the country needs a leader. We need a government to function. If one needs to go abroad, he needs to have a passport. The passport is provided by the government who this evil bitch leads. People have no choice.<
Pepeton follows up: A country needs a leader. Agree. A leader needs an organization (government). Self-evident. Now, help me out with the metaphor about travelling abroad and the need for a passport. I do not quite follow the relevance of this with your conclusion that people do not have a choice. People had a choice, in fact. And they manifested that choice when over 40% of them cast their ballots in 2004, to elect a president. What am I missing here?
You started out your post with another conclusion (though offered no proof, evidence or logical justification) that GMA is only a de-facto president…meaning…”actually, presidente siya, but she is not formally recognized (if that is what you mean by “de facto”).
Again, I must reiterate, I dispute your claim. GMA is the legitimate president of the Philippines. That is a simple and pure statement of fact. Objective reality. And no amount of ignoring, denying, and repudiating it will change this fact. You may not, (which is rather obvious), agree with it…but that does not change the fact around.
Officially, in the Philippines – and as well, internationally and globally GMA is the only legitimate recognized President of the Philippines. And what may surprise you and others here…is the added fact, that in the global scheme of things, the more and overwhelmingly POPULAR view is precisely what I am simply stressing.
Your view here, in this forum, that she is only a “de facto” president is, ipso facto, the view of a very, very, very small minority group of “losers of the last presidential elections” who have been “desperately selling the contrived conspiracy plots of scams, shams and shenanigans as news.”
Some mindsets are difficult to shake off and out of one’s system. Those are the ones based on unfounded claims and counterclaims…kasi….e–m–o–t–i–o–n–a–l! Amininnnnn! (that means, if you don’t like GMA, and that is your only basis, basta antipatika siya sa iyo that’s okey, too. Basta aminin mo ang totoo. But when somebody comes up with allegations, conspiracy theories, and insists on packaging and repackaging the SOS (same old shit), over and over again…eh wala namang nangyayari…whose view is more popular…the losers? I don’t think so!
================
Bitchevil epilogue:
<As for Trillanes, I would like to believe that he and his group were betrayed by those who promised to provide assistance. The help never came. Somehow, other groups backed out at the last minute.<
———————
Pepeton defers and begs off: If that’s what you believe then, and still continue to believe it now…then there is no reasoning that can possibly persuade or convince you otherwise.
But here again, I cautiously add: You give me the impression that you are intimately knowledgeable, or are wired to the goings on about (and during) the plots – i.e., mutiny and coup d’etat.
And here, again, I wonder, were you really privy to the plots? As in, were you connected to an insider?
Or did you get this impression of treachery and betrayal from what you have gathered from “media conspiracy theorists and paid political propagandists”? But if it is true, what you are believing here as stated, then my final question is…”why did the help (for the plotters and coup-ebak-ers) back out?”
You have the last word on this. Noblesse oblige.
Pepeton
Pepeton, just like your patron (your evil bitch mama!) maraming satsat! Let us face it, your evil mama plotted to oust Erap, widely used the military( in the leadership of the ass) to rig the elections and whitewashed this “Hello Garci” investigation to clean up her tracks. Yan ang “IMPAKTO” president. No matter how you raise your intellectual bar, wa-epek! More that 50 % of our population needs all the help they can to improve their lives. You are saying that the citizens should help themselves? Hah, hah, hah… you make me laugh so hard! When all our politicians spend the money on their own whim! Best example is the useless trip your mom just made to just get a photo with the Dubya and McCain. Obama had more sense by not seeing her! Another accomplishement she had was to endorse the “tililing” Brenda to the International Court. Brenda will drive everyone crazy there! Kung ako masusunod, good riddance si Brenda sa Pilipinas if the International Court accepts her! Ano pang pera ang maiiwan sa mga projects ng gobierno para maasistihan and mga kababayan natin? Halos lahat ng infrastructures na meron ang Pilipinas ay panahon pa ni Marcos ginawa! We have already quadrupled our population but we did not invest in improving these infrastructures to accommodate the expansion! Kinukurakot lahat ang pera ng gobiyerno! Ibinabaon na lalo ang mga hindi pa ipinapanganak na mga Pilipino. After Marcos, tabako started on his borrowing spree! Ngayon, laong lalo ng naging “hobby” ni evil bitch na mangutang. Borrowing and asking for “abuloy” or grants sa English are tops on her job list! She utilized her doctorate degree in economics marvelously by begging! A bigger portion of these borrowed funds go right into her pocket and that of her fatso husband thru their cronies positioned in power (Abalos an example).
Learn from Mandela. Wasn’t he incarcerated for 27 years? You can incarcerate Trillianes but you can not burn his desire to serve the people! Who are those who have incarcerated him anyway? Who are the justices who decided on his case? Di ba lahat yan ay mga “aso” ng iyong evil mama?
Ang sinungaling kapag palaging pinaniniwalaan ang kanyang kasinungalingan, ang kasinungalingang sinasabi ay nagiging totoo na, sa tingin niya at sa tingin ng mga “aso” niya!
Heh,heh,heh…pa “noblesse oblige” ka pa! Nakakain ba yan ng mga mahigit na 60% ng mga Pilipinong gutom?
You can call Ellen a leftist. The fact of the matter is, hindi siya mukhang pera! She exposes the stories behind the oppressed. She has earned my utmost respect!
Anong evidence ang gusto mo Pepeton? When the known witnesses are abducted, silenced with money and position, jailed and even killed. How can the truth be unmasked? Tsaka na lang when your evil mama has ceased to be the “in-fuck-toh” president! She would look good in an orange attire with a big “P” and big black balls chained to her size “10” feet!
Pepeton cited at least two things to justify the evil bitch’s legitimacy: Comelec and Supreme Court. Comelec was headed by Abalos, the number one culprit in the ZTE scam and vote manipulation for Migs Zubiri. Supreme Court was then led by Davide who’s now rewarded with a position at UN.
BE kaya nga bumisita si evil bitch sa New York courtesy of Davide the SC “dog” para magpasalamat muli sa pagkakaluklok niya sa pagka president “in-fuck-toh”!
bitchevil, no name-calling please. Take note of the editing I made in your comments.
Kung hindi ba naman illegitimate iyang “in-fuck-toh” Gloria e bakit sa dilim ng madaling araw, habang mahimbing ang tulog ng pinoy, idineklara ng Tongreso na panalo daw?! Takot sa tao dahil nandaya.
Bitchevil already mentioned the others…Abalos’ and Davide’s roles in declaring the puta as president elect. Kaya naman binayaran niya ng ZTE/NBN si Abalos at UN post si Davide. Nagbabayad ng utang ng walang katapusan ang puta. Kung iyan ay lehitimo e disin sana ay hindi siya takot sa mga gagong nag-pwesto sa kanya sa nakaw na trono!
Tongue,
Di…baluktot pa rin pero lumabas lang ang pagka waray ko….hehehehe
Naku na nahubaran na naman ako…yong kay Miss Haloween – trick or treat ay nakatago pa rin. Ano ba to slow motion strip tease…..hahahahha
Bitchevil,
de fack toh nga yong amo nya. Yong nagtatanggol kay de fack toh ay si Miss Halloween – trick or treat. Tawag ko sa kanya ay de fack u.
Gising pa ako kagabi ng nag post kayo ni Tongue at Diego, tawa ako ng tawa….hahahhaa
Pepeton:
Congratulations for staging (before Ellen’s bloggers) your new wardrobe! But…
SORRY na lang, such “fashion designs” aren’t FIT here!
We are for the TRUTH and nothing but the TRUTH!
Your DE FACT TUH or IN FACT TUH so-called president WAS, IS, and NEVER will be the president…!
Please open your eyes and see REALITY! STOP living in Fantasy! Matagal na kayong BISTADO!!!
PAKIUSAP lang po, maawa naman kayo sa mga naghihirap na kababayan!
Parasabayan: (anong[komunistang]bayan mo naman?)
OK,pagbibigyan kita, just this once. I can tell you are suffering from an acute SAD-KSP (“Sali Ako Diyan – Kulang sa Pansin”). Let me help you out.
===================
parasabayan Says: June 30th, 2008 at 3:25 am:
1.) “Let us face it, your evil mama plotted to oust Erap, widely used the military (in the leadership of the ass) to rig the elections and whitewashed this “Hello Garci” investigation to clean up her tracks. Yan ang “IMPAKTO” president.
Resolution: You admit then hindi mo kaya si Kagalang-galang na Madam President GMA, sampu ng mga pangkat at alagad mong kinakampihan (all of whom are suffering from SAD-KSP tulad mo).
It is okey for you not to like her. That’s your opinion
(just like Shock Tongue’s). Yes, you are entitled to your likes and dislikes.
But when you cross the boundary and start accusing, charging, indicting…ibang usapan yan. You are safe, if you stay within the facts. Without the facts (outside of your hinala, haka-haka, and chism-based and anecdotal accounts) – hindi ka lulusot sa akin. At hindi ka rin palulustin ng hustisya. Madaling dumakdak. That is easy. Talk is cheap. As cheap as your contrived arrogance and accusatory demeanor. If put to the task,(as a witness in court, for example) you would not know where to begin defending your accusations. So, don’t get too excited and go overboard on your mindset, which obviously has been influenced by what you have read and heard.
BTW, the critical test for a fact is: “If it is; If it exists, that is. And/or, if it happens, outside of your hallucinogenic imagination.” That is the only “fact” that has objective reality and acceptable as evidence. Excluded dito yung “haka-haka”, “muni-muni”, “baka sakali”,
at yung style mong “gaya-gaya, puto maya.” – none of which are based on “factual, objective reality.” Do you understand what I just explained for your benefit?
2. parasabayan humirit pa:
“More that 50 % of our population needs all the help they can to improve their lives… (then concludes) – “…Heh,heh,heh…pa “noblesse oblige” ka pa! Nakakain ba yan ng mga mahigit na 60% ng mga Pilipinong gutom?”
Pepeton slams: Pare ko…yung 50% who need all the help according to you…kasama ba sila sa 60% na gutom na Pinoy?
Be careful how you answer this question. Hindi trick question ito. I just need to ascertain if you mean exactly one and the same thing:
a.) Nagkamali ka ba about the percentage? Yes or no lang ang sagot diyan.
b.) Kasi, if 50% need all the help, ibig sabihin niyan, “agaw buhay sila”, dibs? Huwag kang basta tatango-tango diyan. Baka mali na naman ang sagot mo.
c.) Eh yung 60% na gutom, kasali ba dito yung 50% “who need all the help”? Or is this group outside of and in addition to or mutually exclusive of each other.
Hey, these are your statistics. Your explanation please.
HINT: The NSO (National Statistics Office) can be easily accessed thru the internet. Suggest you visit their website and browse thru their official and more credible statistical studies. The NSO is the official custodian of statistics in the Philippine economy. Learn the difference between “magnitude vs intensity of poverty” and understand official economic standards used in analyzing the health and status of the Philippine economy. Huwag kang diga ng diga, without verifying your sources.
3. Nanghula na naman si parasabayan:
“Obama had more sense by not seeing her!”
If you know anything about the flip-flopping muslim apostate who wannabe POTUS, Barak Hussein Obama (also nicknamed Muhammed), not meeting with him (if this was the case, and I honestly do not know the circumstances here), it is really a blessing in disguise, for GMA. This wannabe POTUS threw his own grandmother under the bus and has been linked to many questionable characters (and criminals), from Jeremiah Wright, to William Ayers and Antolin Rezko; associations which he has not, to this day, clarified. From the purely political standpoint, GMA has very little to gain by meeting with him. Not specially when she is asking for aid for the Philippines from the current USA president who is a “kontra partida” of the apostate presumptive candidate, who wannabe the POTUS in January 2009.
4. Umaasa pa din si Parasabayan:
Kung ako masusunod, good riddance si Brenda sa Pilipinas if the International Court accepts her!
Pepeton reassures: Huwag kang magalala, or kabahan, Pare. Hindi ikaw ang masusunod. Okey ka lang?
5. Nag-hallucinate na naman si Parasabayan:
“Halos lahat ng infrastructures na meron ang Pilipinas ay panahon pa ni Marcos ginawa!”
Pepeton inquires: Mukhang idol mo si “muck farcos” ah. Totoo? Hate mo si GMA. Lab mo si “Muck U. Farcos”? Amininnnn!
Teka, nakakalabas ka ba ng bahay? Or nakakapagbiyahe ka ba sa Pinas? Yung mga “flyovers” na bagong gawa…ano yun? Kelan ginawa ang mga yun? Ang mga malls? Ano ba ang ibig mong sabihin by “infrastructures”? Eto, bibigyan kita ng magandang example: waste disposal systems. Panahon pa ng kastila at amerikano yan. Yan madami ng presidente at administrasyon ang dumaan, walang nagagawang tama. Kaya, baha ng baha. Okey? Pero yang problemang yan…matagal na yan.
6. Nanghula uli si Parasabayan: (example ng ambiguity niya)
“We have already quadrupled our population but we did not invest in improving these infrastructures to accommodate the expansion”
Pepeton asks simply: Quadrupled our population means four times? From when? How big is the Philippine population now?
Huwag kang manghula. Go to NSO website and find out. Eto, simple test for you. How many Pinoys are abroad? Then tell me your source. Go ahead. This is your chance to recover from all the statistical errors you have been bruiting about. Padaskul-daskul ka kasi.
7. Parasabayan exposes the height of his arrogance and disrespect:
“Learn from Mandela. Wasn’t he incarcerated for 27 years? You can incarcerate Trillianes but you can not burn his desire to serve the people! Who are those who have incarcerated him anyway? Who are the justices who decided on his case? Di ba lahat yan ay mga “aso” ng iyong evil mama?”
Pepeton closes:
What do you know about the history of Mandela, and what lesson from Mandela are you recommending that we learn? Be specific. So what if he was incarcerated for 27 years. Ikaw ano ang natutuhan mo kay Mandela? Let’s hear it.
What has your renegade ex-military man accomplished in service of the country. As a member of the AFP, how many wars in defense of the government and the sovereignty of the nation has he partipated?
Why have his ilks and cohorts in his failed mutiny and coup d’etat attempts recanted and pleaded guilty and rejoined the established government? Lahat sila mali? Si renegade boy lang ang tama? Baka naman nagagandahang lalaki ka lang sa kanya, ano? Aminin mo na.
BTW, do you know where he copied his thesis? Ask Gringo. Then ask Gringo where he copied his. Then ask Dr. Emmanuel Yap. If you know who I am talking about. Kung hindi naman, hindi bale, na. Baka lalo ka lang mataranta.
8. Last chance – Pahabol ni Parasabayan:
“Pepeton cited at least two things to justify the evil bitch’s legitimacy: Comelec and Supreme Court. Comelec was headed by Abalos, the number one culprit in the ZTE scam and vote manipulation for Migs Zubiri. Supreme Court was then led by Davide who’s now rewarded with a position at UN.”
Pepeton post climactic: Ever heard of the expression, “linabasan pero hindi nasarapan”? That is what comes to mind after reading your postings. Teka ano ba talaga ang “sign in” mo = Para Sa Bayan or para sabayan???
For the cuntry ka ba or are you hoping for “simultaneous (intel) orgasm”?
Here again..ang dami-dami mong binabatikus. Wala ka namang prueba pinapakita. Specifically, parasabayan…if you do not have prima facie evidence…(which is obvious, and understandable)…at least kung magkukuwento ka…and then you will use your kuwento based on chism only…siguraduhin mo that your story makes “logical sense”.
All that you have posted are regurgitated allegations and vomits…sinuka na ang mga yan…that is why Madam President GMA is still the only legitimate and official President of the Republic of the Philippines.
As for your “hero in jail”…wala pang nagagawang mabuti, nakulong na. And until such time that he can show cause for the charges to be dropped…he will stay in jail. And as far as I am concerned, he deserves to be in jail for disrupting the peace, advocating rebellion, anarchy and sedition, which are culpable violations of the Constitution.
Whatever (Machiavellian) reasons inspired him…or motivated him…the ends, do not justify the means…
unless you are a “man or woman in robe…”
Pepeton
(rides to the wild blue yonder, for a bit of R & R)
About GMA: heres my opinion on her in terms of performance and result of her governance:
1. Improve GDP to highest level since 19 forgotten. the reason is not because of her skills, experience and education. It is simply due to market forces. 10% of GDP is actually coming from OFW remittance. It has nothing to do with her.
2. She has paid one long term debt that marcos incurred but she also did not close the account (in simple term). It means the line of credit is open for future borrowing. This law/code is not good if our next president is worst than her. We will continue to finance our country thru debt financing or loans instead of using foreign capital to invest in our country.
3. Imports has hurt many of our farmers.
4. Agrarian Reform has no clear purpose. The process is slow especially on economic zoning.
5. Lots of departmental leaders are not working on GMA’s favor. Plan can only be implemented if bad things already happened. It waits for things to happen.
Our country has never learned from the past. It is dependent on WB.
On infrastructures:
So now we credit Gloria for constructing the malls? Hahaha!
Even the new flyovers in EDSA, one in Ayala, one in Buendia, and one in Tramo, Pasay, were built by opposition Mayors Binay and Trinidad! Pati ba naman credit ninanakaw na rin ni Gloria? Hahahaha ulit!
Asiandelight: She has paid one long term debt that marcos incurred but she also did not close the account (in simple term). It means the line of credit is open for future borrowing.
*****
Really? So, what did Aquino, Ramos and Erap do in between? Truth is I don’t believe this claim that is for me more a misinformation.
Marcos in fact was paying the debts incurred by the father of the Midget, who had incurred debts in the name of the Filipino people that my history professor lamented Filipinos of my generation and the future would never be able to pay.
He was right especially now with Dadong’s daughter incurring 6 times or more debts!!!
Kawawang Pilipinas!