<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Gonzalez = Pinochet</title>
	<atom:link href="http://www.quezon.ph/2007/05/02/gonzalez-pinochet/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/</link>
	<description>Punditry. Politics. History. Commentary.</description>
	<lastBuildDate>Sat, 04 Feb 2012 11:35:33 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	
	<item>
		<title>By: Bencard</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-475453</link>
		<dc:creator>Bencard</dc:creator>
		<pubDate>Sat, 05 May 2007 13:40:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-475453</guid>
		<description>mlq3, all i wanted to point out is that the doctrine of nullum crimen was not abrogated by the court but was only held not a &quot;valid&quot; argument - for the purpose of the Blascik case (only) - because the principle was not violated as far as the court is concerned.</description>
		<content:encoded><![CDATA[<p>mlq3, all i wanted to point out is that the doctrine of nullum crimen was not abrogated by the court but was only held not a &#8220;valid&#8221; argument &#8211; for the purpose of the Blascik case (only) &#8211; because the principle was not violated as far as the court is concerned.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: mlq3</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-475116</link>
		<dc:creator>mlq3</dc:creator>
		<pubDate>Sat, 05 May 2007 03:41:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-475116</guid>
		<description>bencard, please explain the difference between what i said, and what you say the court said. my understanding is &quot;nullum crimen&quot; was put forward as a means of getting charges dropped; the court said that wasn&#039;t a valid argument... i&#039;m all for precision in language so please explain.</description>
		<content:encoded><![CDATA[<p>bencard, please explain the difference between what i said, and what you say the court said. my understanding is &#8220;nullum crimen&#8221; was put forward as a means of getting charges dropped; the court said that wasn&#8217;t a valid argument&#8230; i&#8217;m all for precision in language so please explain.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bencard</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-475007</link>
		<dc:creator>Bencard</dc:creator>
		<pubDate>Fri, 04 May 2007 21:49:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-475007</guid>
		<description>and, contrary to you statement, mlq3, the &quot;nullum crimen&quot; principle was not held &quot;not valid&quot; by the international court in Blascik but that it had not been violated because &quot;customary international law&quot; recognizes the offense of &quot;failure to punish&quot;.</description>
		<content:encoded><![CDATA[<p>and, contrary to you statement, mlq3, the &#8220;nullum crimen&#8221; principle was not held &#8220;not valid&#8221; by the international court in Blascik but that it had not been violated because &#8220;customary international law&#8221; recognizes the offense of &#8220;failure to punish&#8221;.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bencard</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474853</link>
		<dc:creator>Bencard</dc:creator>
		<pubDate>Fri, 04 May 2007 14:58:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474853</guid>
		<description>mlq3, still nothing in existing Philippine law that could hold a president liable under  &quot;command responsibility&quot; for the acts of others.  The cases you cited in international situations usually involves vanquished totalitarians who were judged by the victors.  In the case of Marcos? What can I say, he was the &quot;Law&quot;, judge, jury and executioner, although there was some semblance of &quot;due process&quot; carried out by some willing or unwilling collaborators.  As to Ramos&#039; executive order, it was his own policy, neither required nor prohibited by the Constitution. I would hazard a guess that it was largely influenced by his brilliant military background.

MB, one thing I like about you is that you are a good sport. You are one of a few who not only can &quot;dish it out&quot; but can also &quot;take it&quot;.</description>
		<content:encoded><![CDATA[<p>mlq3, still nothing in existing Philippine law that could hold a president liable under  &#8220;command responsibility&#8221; for the acts of others.  The cases you cited in international situations usually involves vanquished totalitarians who were judged by the victors.  In the case of Marcos? What can I say, he was the &#8220;Law&#8221;, judge, jury and executioner, although there was some semblance of &#8220;due process&#8221; carried out by some willing or unwilling collaborators.  As to Ramos&#8217; executive order, it was his own policy, neither required nor prohibited by the Constitution. I would hazard a guess that it was largely influenced by his brilliant military background.</p>
<p>MB, one thing I like about you is that you are a good sport. You are one of a few who not only can &#8220;dish it out&#8221; but can also &#8220;take it&#8221;.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: justice league</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474610</link>
		<dc:creator>justice league</dc:creator>
		<pubDate>Fri, 04 May 2007 05:10:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474610</guid>
		<description>MB,

Yes, we think we are electing legislators. But just in case PGMA goes out and the VP takes over; the incoming VP will be from either house of Congress just like former VP Guingona. And should Pres. De Castro go?  Well, I canÃ¢â‚¬â„¢t really say if this is totally applicable given that our laws are not totally similar to the U.S.Ã¢â‚¬â„¢s but Pres. Ford comes to my mind.

And if indeed by some legal way VP De Castro DOES NOT succeed PGMA should she be impeached; the Senate President (whoever he/she will be since a Senate Ã¢â‚¬Å“reorganizationÃ¢â‚¬Â is possible even if Sen. Villar should get re-elected as Senator) shall be President. (Next in line would be the Speaker of the House if the Senate President is not able or if there is none)

Given the scenarios that certain people want; we will be in effect electing people to the Senate; one of which might very well become a chief executive able to do all those things you enumerated.

As for the equity of the incumbent, given our Constitution (since re-election to the Presidency is not allowed); it will not just depend on a special person but also on special occasions just like what benefited PGMA.

Given another such special occasion; whoever will Ã¢â‚¬Å“succeedÃ¢â‚¬Â as President can have that equity.

When Bong Austero posted his now famous article (Darn, I canÃ¢â‚¬â„¢t remember the title); one of the issues I had with his article was that he seemed to have taken the VP out of the loop of succession and was harping on the Opposition for not having a worthy Ã¢â‚¬Å“replacementÃ¢â‚¬Â. But the Constitution provides for it and I am for that Constitutional succession even though I donÃ¢â‚¬â„¢t like De Castro either. 

Now as for your 2nd paragraph; EVERY PRESIDENT from ex-President Marcos to PGMA (including ex-Pres. Estrada) favored one kind of Charter Change from another. So it is not far fetched that the next guy will favor it. Nor is it far fetched that PGMA will try again.

But I believe that at this time; any unfavorable attempt and/or any unfavorable provision in a revision of the Constitution can be fought on Ã¢â‚¬Å“solid groundÃ¢â‚¬Â even if supported by any sitting President.

I seem to have forgotten to thank both you and Janie for indulging me in my personal question. So to both of you, please consider this as &quot;better late than never&quot;.</description>
		<content:encoded><![CDATA[<p>MB,</p>
<p>Yes, we think we are electing legislators. But just in case PGMA goes out and the VP takes over; the incoming VP will be from either house of Congress just like former VP Guingona. And should Pres. De Castro go?  Well, I canÃ¢â‚¬â„¢t really say if this is totally applicable given that our laws are not totally similar to the U.S.Ã¢â‚¬â„¢s but Pres. Ford comes to my mind.</p>
<p>And if indeed by some legal way VP De Castro DOES NOT succeed PGMA should she be impeached; the Senate President (whoever he/she will be since a Senate Ã¢â‚¬Å“reorganizationÃ¢â‚¬Â is possible even if Sen. Villar should get re-elected as Senator) shall be President. (Next in line would be the Speaker of the House if the Senate President is not able or if there is none)</p>
<p>Given the scenarios that certain people want; we will be in effect electing people to the Senate; one of which might very well become a chief executive able to do all those things you enumerated.</p>
<p>As for the equity of the incumbent, given our Constitution (since re-election to the Presidency is not allowed); it will not just depend on a special person but also on special occasions just like what benefited PGMA.</p>
<p>Given another such special occasion; whoever will Ã¢â‚¬Å“succeedÃ¢â‚¬Â as President can have that equity.</p>
<p>When Bong Austero posted his now famous article (Darn, I canÃ¢â‚¬â„¢t remember the title); one of the issues I had with his article was that he seemed to have taken the VP out of the loop of succession and was harping on the Opposition for not having a worthy Ã¢â‚¬Å“replacementÃ¢â‚¬Â. But the Constitution provides for it and I am for that Constitutional succession even though I donÃ¢â‚¬â„¢t like De Castro either. </p>
<p>Now as for your 2nd paragraph; EVERY PRESIDENT from ex-President Marcos to PGMA (including ex-Pres. Estrada) favored one kind of Charter Change from another. So it is not far fetched that the next guy will favor it. Nor is it far fetched that PGMA will try again.</p>
<p>But I believe that at this time; any unfavorable attempt and/or any unfavorable provision in a revision of the Constitution can be fought on Ã¢â‚¬Å“solid groundÃ¢â‚¬Â even if supported by any sitting President.</p>
<p>I seem to have forgotten to thank both you and Janie for indulging me in my personal question. So to both of you, please consider this as &#8220;better late than never&#8221;.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: john marzan</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474588</link>
		<dc:creator>john marzan</dc:creator>
		<pubDate>Fri, 04 May 2007 04:25:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474588</guid>
		<description>www.manilastandardtoday.com/?page=bongAustero_may2_2007

Sabi ni Austero:

&lt;blockquote&gt;&lt;i&gt;On the other side of the debate are those who believe that the current (dismal) level of proficiency in English among graduates already requires drastic measures. It might also be important to note that no one in the business community has come forward to categorically express unqualified support for EO 210. Even my own professional organization, the People Management Association of the Philippines which, by virtue of its stature as the national organization of human resource management practitioners in the country should be a key participant in the discussion, still has to come up with an official position on the matter.

&lt;b&gt;However, insinuations that the business community prompted this latest wrinkle are running thick. In particular, some fingers are pointing at the call center industry which has been experiencing difficulty in finding graduates that meet its English proficiency requirements.&lt;/b&gt;&lt;/i&gt;&lt;/blockquote&gt;
ewan ko lang kung nabasa na ni Bongbong yung isinulat na article ni fellow MST collumnist Peter Wallace, director of the Australian-NZ chamber of commerce in the Philippines

www.manilastandardtoday.com/?page=peterWallace_nov10_2006

&lt;blockquote&gt;Ã¢â‚¬ËœMagandang araw, ito po si Glaiza, anong maipaglilingkod ko sa inyo?Ã¢â‚¬â„¢

If you donÃ¢â‚¬â„¢t know what that means, then join the 6.4 billion other people on this planet that donÃ¢â‚¬â„¢t either.

Ã¢â‚¬Å“Hello, Glaiza speaking. How may I help you?Ã¢â‚¬Â

Almost two billion people understand that. English is used by a quarter of the worldÃ¢â‚¬â„¢s population and is considered as the global lingua franca. It is the dominant international language in communications, science, business, aviation, entertainment, diplomacy, and the Internet.

The English-speaking crowd is something the Philippines definitely wants, or at least should want to be, a part of. And Filipinos have already shown a remarkable ability to be conversant in the language. Specifically, the country is now number two in call centers in the region. From zero employees just six years ago, the industry now employs 145,000, and itÃ¢â‚¬â„¢s not slowing down.

Well, actually it could for one simple, sad reason: there wonÃ¢â‚¬â„¢t be enough English-speaking, English-comprehending Filipinos to hire.

&lt;b&gt;So itÃ¢â‚¬â„¢s a very welcome development to see the President recognize the importance of reverting to English as the primary language of education. House Bill 4701 mandating this was passed in the House of Representatives. LetÃ¢â‚¬â„¢s hope the Senate acts with equal dispatch. The administration takes the credit for pushing this piece of legislation. &lt;/b&gt;&lt;/blockquote&gt;
katulad ng sinabi ni instapundit, &lt;b&gt;read the whole thing.&lt;/b&gt; so that you may understand why kuya manuel reacted negatively to wallace&#039;s article:

www.quezon.ph/?p=1091

&lt;blockquote&gt;&lt;i&gt;Much as I, too, favor increased attention and resources given to the promotion of English, itÃ¢â‚¬â„¢s notions like those peddled by Peter Wallace that help discredit the proponents of the language.&lt;/i&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><a href="http://www.manilastandardtoday.com/?page=bongAustero_may2_2007" rel="nofollow">http://www.manilastandardtoday.com/?page=bongAustero_may2_2007</a></p>
<p>Sabi ni Austero:</p>
<blockquote><p><i>On the other side of the debate are those who believe that the current (dismal) level of proficiency in English among graduates already requires drastic measures. It might also be important to note that no one in the business community has come forward to categorically express unqualified support for EO 210. Even my own professional organization, the People Management Association of the Philippines which, by virtue of its stature as the national organization of human resource management practitioners in the country should be a key participant in the discussion, still has to come up with an official position on the matter.</p>
<p><b>However, insinuations that the business community prompted this latest wrinkle are running thick. In particular, some fingers are pointing at the call center industry which has been experiencing difficulty in finding graduates that meet its English proficiency requirements.</b></i></p></blockquote>
<p>ewan ko lang kung nabasa na ni Bongbong yung isinulat na article ni fellow MST collumnist Peter Wallace, director of the Australian-NZ chamber of commerce in the Philippines</p>
<p><a href="http://www.manilastandardtoday.com/?page=peterWallace_nov10_2006" rel="nofollow">http://www.manilastandardtoday.com/?page=peterWallace_nov10_2006</a></p>
<blockquote><p>Ã¢â‚¬ËœMagandang araw, ito po si Glaiza, anong maipaglilingkod ko sa inyo?Ã¢â‚¬â„¢</p>
<p>If you donÃ¢â‚¬â„¢t know what that means, then join the 6.4 billion other people on this planet that donÃ¢â‚¬â„¢t either.</p>
<p>Ã¢â‚¬Å“Hello, Glaiza speaking. How may I help you?Ã¢â‚¬Â</p>
<p>Almost two billion people understand that. English is used by a quarter of the worldÃ¢â‚¬â„¢s population and is considered as the global lingua franca. It is the dominant international language in communications, science, business, aviation, entertainment, diplomacy, and the Internet.</p>
<p>The English-speaking crowd is something the Philippines definitely wants, or at least should want to be, a part of. And Filipinos have already shown a remarkable ability to be conversant in the language. Specifically, the country is now number two in call centers in the region. From zero employees just six years ago, the industry now employs 145,000, and itÃ¢â‚¬â„¢s not slowing down.</p>
<p>Well, actually it could for one simple, sad reason: there wonÃ¢â‚¬â„¢t be enough English-speaking, English-comprehending Filipinos to hire.</p>
<p><b>So itÃ¢â‚¬â„¢s a very welcome development to see the President recognize the importance of reverting to English as the primary language of education. House Bill 4701 mandating this was passed in the House of Representatives. LetÃ¢â‚¬â„¢s hope the Senate acts with equal dispatch. The administration takes the credit for pushing this piece of legislation. </b></p></blockquote>
<p>katulad ng sinabi ni instapundit, <b>read the whole thing.</b> so that you may understand why kuya manuel reacted negatively to wallace&#8217;s article:</p>
<p><a href="http://www.quezon.ph/?p=1091" rel="nofollow">http://www.quezon.ph/?p=1091</a></p>
<blockquote><p><i>Much as I, too, favor increased attention and resources given to the promotion of English, itÃ¢â‚¬â„¢s notions like those peddled by Peter Wallace that help discredit the proponents of the language.</i></p></blockquote>
]]></content:encoded>
	</item>
	<item>
		<title>By: mlq3</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474559</link>
		<dc:creator>mlq3</dc:creator>
		<pubDate>Fri, 04 May 2007 03:12:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474559</guid>
		<description>bencard, mb: the question of command responsibility is interesting, not least because it&#039;s legal territory that&#039;s still pretty fresh. See:

http://www.derechos.org/nizkor/chile/juicio/hc.html

concerning bencard&#039;s &quot;Nullum crimen nulla pena sine lege.&quot; That concept was raised as a defense argument before the war crimes trials for the former yugoslavia. the court decided on it face, it wasn&#039;t a valid argument:

http://www.un.org/icty/blaskic/trialc1/decisions-e/70404DC113294.htm

concerning the place of &quot;command responsibility&quot; under our law, it might help to look at president ramos&#039;s executive order adopting it as a policy covering the entire government:

http://www.lawphil.net/executive/execord/eo1995/eo_226_1995.html

the briefings the president received in 2002:

http://www.gov.ph/news/default.asp?i=1617

you can also refer to the government&#039;s own views, as shown in the melo commission report:

http://www.newsbreak.com.ph/index.php?option=com_content&amp;task=view&amp;id=2418&amp;Itemid=88889066

see also:

http://manila.usembassy.gov/wwwhs115.html

and the jurisprudence on marcos&#039; culpability for human rights violations:

http://lawofwar.org/Hilao%20v%20Estate%20of%20Marcos.htm

See also the script of my Explainer episode on command responsibility:

http://www.the-explainer.com/?p=45</description>
		<content:encoded><![CDATA[<p>bencard, mb: the question of command responsibility is interesting, not least because it&#8217;s legal territory that&#8217;s still pretty fresh. See:</p>
<p><a href="http://www.derechos.org/nizkor/chile/juicio/hc.html" rel="nofollow">http://www.derechos.org/nizkor/chile/juicio/hc.html</a></p>
<p>concerning bencard&#8217;s &#8220;Nullum crimen nulla pena sine lege.&#8221; That concept was raised as a defense argument before the war crimes trials for the former yugoslavia. the court decided on it face, it wasn&#8217;t a valid argument:</p>
<p><a href="http://www.un.org/icty/blaskic/trialc1/decisions-e/70404DC113294.htm" rel="nofollow">http://www.un.org/icty/blaskic/trialc1/decisions-e/70404DC113294.htm</a></p>
<p>concerning the place of &#8220;command responsibility&#8221; under our law, it might help to look at president ramos&#8217;s executive order adopting it as a policy covering the entire government:</p>
<p><a href="http://www.lawphil.net/executive/execord/eo1995/eo_226_1995.html" rel="nofollow">http://www.lawphil.net/executive/execord/eo1995/eo_226_1995.html</a></p>
<p>the briefings the president received in 2002:</p>
<p><a href="http://www.gov.ph/news/default.asp?i=1617" rel="nofollow">http://www.gov.ph/news/default.asp?i=1617</a></p>
<p>you can also refer to the government&#8217;s own views, as shown in the melo commission report:</p>
<p><a href="http://www.newsbreak.com.ph/index.php?option=com_content&#038;task=view&#038;id=2418&#038;Itemid=88889066" rel="nofollow">http://www.newsbreak.com.ph/index.php?option=com_content&#038;task=view&#038;id=2418&#038;Itemid=88889066</a></p>
<p>see also:</p>
<p><a href="http://manila.usembassy.gov/wwwhs115.html" rel="nofollow">http://manila.usembassy.gov/wwwhs115.html</a></p>
<p>and the jurisprudence on marcos&#8217; culpability for human rights violations:</p>
<p><a href="http://lawofwar.org/Hilao%20v%20Estate%20of%20Marcos.htm" rel="nofollow">http://lawofwar.org/Hilao%20v%20Estate%20of%20Marcos.htm</a></p>
<p>See also the script of my Explainer episode on command responsibility:</p>
<p><a href="http://www.the-explainer.com/?p=45" rel="nofollow">http://www.the-explainer.com/?p=45</a></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: manuelbuencamino</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474522</link>
		<dc:creator>manuelbuencamino</dc:creator>
		<pubDate>Fri, 04 May 2007 02:16:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474522</guid>
		<description>Bencad,

hahahahaha ang pikon talo.

by the way, next time you get poor service anywhere, don&#039;t ask or the manager.</description>
		<content:encoded><![CDATA[<p>Bencad,</p>
<p>hahahahaha ang pikon talo.</p>
<p>by the way, next time you get poor service anywhere, don&#8217;t ask or the manager.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bencard</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474498</link>
		<dc:creator>Bencard</dc:creator>
		<pubDate>Thu, 03 May 2007 22:17:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474498</guid>
		<description>buencad,

not the kind of command responsibility you understand with your flea brain, you shit-eating &quot;professor&quot;.</description>
		<content:encoded><![CDATA[<p>buencad,</p>
<p>not the kind of command responsibility you understand with your flea brain, you shit-eating &#8220;professor&#8221;.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: manuelbuencamino</title>
		<link>http://www.quezon.ph/2007/05/02/gonzalez-pinochet/comment-page-1/#comment-474434</link>
		<dc:creator>manuelbuencamino</dc:creator>
		<pubDate>Thu, 03 May 2007 17:29:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.quezon.ph/?p=1309#comment-474434</guid>
		<description>bencad,

tell me if there is no such thing as command responsibility why did Gloria order the AFP to form a committee to study it and come up with a &quot;better&quot; definition?

you obviously did not  read the assignment I gave you. go sit in a corner . nullum homework nulla play sine lege, lawyer boy.</description>
		<content:encoded><![CDATA[<p>bencad,</p>
<p>tell me if there is no such thing as command responsibility why did Gloria order the AFP to form a committee to study it and come up with a &#8220;better&#8221; definition?</p>
<p>you obviously did not  read the assignment I gave you. go sit in a corner . nullum homework nulla play sine lege, lawyer boy.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

