I’m off to Bacolod, so no blogging for the next few days, I must confess, good riddance to Metro Manila for now. Manila Bay Watch knows why I’m happy to get out of town. As the best headline of yesterday put it, Neri shields Arroyo from ZTE mess, gags self through ‘464’. Exactly.
Yesterday, the crackdown in Burma began. The Guardian published an eyewitness account by a young protester, ‘The middle class are now poor, the poor are destitute’. It also reports Burma bloggers keep one step ahead of junta. A Guardian reporter has been blogging updates, see Burma Protests.
And see the online paper by Burmese exiles, The Irrawaddy News, for updates on the goings-on in Burma.
Meanwhile, Cracks Showing in Burma’s Junta:
Sources say that foreign diplomats are heading for Rangoon, perhaps on a chartered flight, to seek a way out of the worst crisis the country’s ruling military junta has faced since seizing power in 1988 in a bloody crackdown on democracy protesters.There are signs that a diplomatic initiative to find a solution to the crisis in Burma is underway as splits may be developing in the ruling junta.
At least some of the ruling junta’s generals are reported to be “in shock” at the uprising of the nation’s revered clerics. With monks in play, the crisis is worse than the junta could have imagined and some military leaders are reportedly deeply worried that the situation may already be out of hand.
A source informed Asia Sentinel that some regional commanders have sent word to their superiors that they will not attack monks. They will reportedly guarantee the safety of the monks.
The wild card in the crisis is the role of Aung Sang Suu Kyi, the Nobel laureate and leader of the opposition National League for Democracy. The generals despise “the lady,” as she is known, sources say, and some alternative to her may need to be found.
Blogger Bangkok Pundit compares whats going on in Burma to the Philippines in 1986:
Not to go over the top with analogies with the People’s Power movement, but there were two key events at that time (1) the very public defections of 2 key Marcos supporters/advisers Enrile and Ramos which weakened the powers of the state over the citizenry, and (2) the US providing Marcos with an opportunity for a clean break.
On (1), we will have to wait and see whether there are any key defections and this would be a real tipping point. It might not be so public as it was in the Philippines and it might be done in private, but unless there are some defections I can’t see how the people can overcome the state’s monopoly of force. On (2) I support such moves as providing an incentive for a dictator to leave office can help ensure a clean break without much or any bloodshed – something which is being tried in Zimbabwe. Obviously, you need to make sure there is a new government which is democratically elected…
Personally, I hope to God columnist Carmen Pedrosa is rethinking her recent endorsement of those with a collaborationist (and relativist) attitude towards the Junta:
Like other more aware Burmese, he rejects western media’s attempts to simplify its problems. That simplification has misled many to think of Burma as an — isolated country ruled by a military dictatorship; and that the solution is to remove the ruling junta, recognize the election last May 1990 and install National League for Democracy leader, Aung San Suu Kyi in its place. The ASEAN foreign ministers are equally captive of this kind of thinking and makes for the impatience about the democratization of Burma to give the group a ‘better image.’
How many of those who sat around the ASEAN table, or the larger audience who read newspapers, know for example that Myanmar (Burma) is much more complex than they make of it. Ambassador Thaung Tun speaks for his government and many of his countrymen when he agrees to enshrine human rights in the charter albeit not through a shame and blame rights body. Like a true Asian, Thaung Tun, talks about ‘consultations’ rather than the more Western ‘confrontations’.
Yes, much more complex, indeed, in need of a more pragmatic way forward. Like truncheons and tear gas? Asian values indeed!
Here, at home, no bravery’s to be found. A lot of Dutch courage in official circles, perhaps. The Palace has managed to hold the line and can take a breather. The Philippine Star editorial yesterday was prescient:
Those hoping that Neri would have something more substantive to say Wednesday may be in for a disappointment. If the initial reports are accurate, Neri could provide a direct link between the questionable deal and President Arroyo herself. But Neri has given no indication that he is about to provide the noose for the President’s hanging. He was reportedly set to join the President last night in her trip to New York for the annual gathering of the United Nations General Assembly. But amid the furor generated by news reports identifying members of the presidential delegation, Neri was ordered to stay behind and face the Senate. The man is loyal to his boss, and it is bound to show in his testimony Wednesday.
See Marichu Lambino for a lawyer’s take on what the President has basically had to stipulate. Philippines Without Borders pens an op-ed piece thinks Neri’s part of the whole mess. As Parallel Universe thinks, the plot thickens. Slap Happy seems to think so, too. Postcard Headlines found some humor in the whole thing.
Patsada Karajaw says Neri copped out. I agree. Stella Arnaldo calls him a wimp, who has done institutional damage:
By running away from the truth, Neri has singlehandedly destroyed the credibility of NEDA, a government agency tasked to assess all major government projects and monitor the implementation and use of overseas development assistance. He even allowed his Presidentita to take over its oversight functions. (A text message from a former DG: “Deliberate ‘yan: Destroy NEDA’s oversight function so the plunder agenda would meet no resistance.”) I can imagine the frustration of all the hardworking good people over there.
But Uniffors, who pens an eyewitness account of being at the Senate yesterday, says Neri was a rat:
The little shit hid behind executive privilege all day, refusing to reveal any more than that he reported the bribe offer to Gloria.
I must admit I was too distracted, enjoying too immensely, the skewering of Abalos I did not catch on to Neri immediately.
It was Ping Lacson who finally exposed Neri.
Lacson realized that Neri was not going to budge from his executive privelege position so he offered Neri a way out. If he couldn’t talk because of executive privilege then maybe Bondoc could do it for him, considering that he was a source of many of Bondoc’s information.
So Lacson asked Jarius Bondoc how many times he talked to Neri and if he was willing to reveal what they talked about.
Jarius replied, ‘yes but I have to ask Neri’s permission first.’
Lacson then asked Neri if he would permit Jarius to reveal the contents of their conversations.
Neri replied, ‘I will not grant permission.’
That’s it, I told myself. Neri was sent to rat on Abalos. He didn’t go to the Senate to tell the truth. He went there to throw Abalos to the wolves…
The worst character in any criminal enterprise is the gang member who rats, the one who acts as the pawn to protect the capo de tuti capo by sacrificing another loyal consigliori.
I thought Neri was an eagle. He is a bat. A rat with wings.
If that was too much, console yourself with this puff piece.
This comment in Ricky Carandang’s blog was also shrewd and on the button, I think:
I believe Romy Neri has two things in his mind. He wants to fight corruption and the best way to show it is to expose Abalos. On the other hand he does not want chaos by exposing GMA, he knows that it will trigger street protest, bring down the economy, create a crisis, usher in the uncertainties of a De Castro presidency. Maybe looking at some of the opposition senators he might tell himself “dito ko ba sa mga ito ipagkakatiwala ang katotohanan, they can’t handle the truth”.And maybe if the senators eliciting the truth were Ninoy Aquino, Lorenzo Tanada, Jose “pepe” Diokno, and Jovy Salonga kaninang umaga pa natin alam ang katotohanan.
But nonetheless Romy Neri is not the judge of who deserves the truth. Poor guy, he’s playing God.
So there. Theoretically, there was much to admire in Neri on Regulatory Capture. But he’s been captured and he can’t even say he’s a prisoner of conscience.
You know, a few days ago, Atenean friends forwarded me this picture:
The Spelling-challenged.
And fair being fair, I think the LaSallians ought to email all their Ateneo friends this picture:
The Integrity-challenged.
Cuz yu ken alwayz larn haw tuh spayl but if yu dunt knoe rayt frum wrowng bah noe, iz two layt.
Technorati Tags: Blogging, liveblogging, philippines, politics, president, Senate
brian,
wag naman masyadong below the belt ha? masakit man, but heck, “win or lose, it’s the school we choose.”
on the upside, it only proves ateneo really knows its alphabet: from a to z.
manuel,
a meme is born. and emilie is its mother. heeheehee
Shit lightning almost struck a tree near my place.
He he rain is pouring now. I mean it’s a fog of wetness outside. Is this a sign? God doesn’t approve of something. Maybe the Araneta cameras can spot Abalos. I think he’ll attend.
tonio,
will this mean eternal banishment from the high grounds of loyola?
i don’t think so… and don’t worry, we won’t tell. i’m more than willing to invoke “blogger’s privilege”.
INE,
you should blog, You’re witty and funny and you don’t need many words to put your points across, Hell you should be writing a column. But not for Ricky Razon’s paper, the Standard. It’s beneath your standards.
INE,
oops. truncated….
It’s beneath your standards, Besides you are neither sassy nor austere.
I know one professor who is Sassy, and no one else.
So it’s Neri, not Nery?
brian:
yes, sir it’s Neri.
or Nerdley, if you prefer. hehehe
Ateneo wins by 1 point!
“China invented civilization in the east, but as well it invented corruption for all of human civilization kaya mahilig itong mga Intsik na ito mag-kumbida sa golf, magkumbida sa dinner, magbigay ng free ticket to China (that’s why the Chinese people like inviting acquaintances to golf clubs and dinners and giving free tickets to China). Miriamâ€Â
Senator Miriam Defensor Santiago,head of the Senate Foreign Relations committee and nominee for the International Court of Justice,has just insulted the Chinese race and the ethnic Chinese community
in this country!This lady deserves an immediate appointment with her therapist! What a SHAME!
holyfather:Tiu did it! That was dedicated to Senator Miriam!
“Pres.Arroyo goes to Broadway, watches Lea Salonga in Les Miserables â€Â
TO GLORIA PIDAL:
Do you hear the people sing
Singing the song of angry men
It is the music of a people
Who will not be slaves again
When the beating of your heart
Echoes the beating of the drums
There is a life about to start
When tomorrow comes!
I’m sorry I’m still in mournful mood … for the slow death of Philippine democracy. I could have not watched the game.
Miriam Defensor Santiago is a savage.
“Miriam Defensor Santiago is a savage.CVJ”
CVJ: you are too polite.Miriam is going bananas!Does NOT deserve an appointment in the International Court of Justice in The Hague.I’m sure she will create global HAVOC there with her crazy accent and very limited lucid intervals!
cvj, tdc
Miriam: (China) “It invented corruption for all of human civilization”
Miriam is sending an apology letter to the Chinese embassy. She should have uttered those words in executive session, next time Miriam is scheduled to speak she should be asked to deliver her spiel in executive sesssion — all by herself.
I am an Atenean by heart, even if I never went to college as one. Ateneo woke up everything good in me. All my idealism, my interest in writing, my sense of community. But I guess, the culture of ADMU differs so much from the cultures of the other Ateneo schools across the country. I’m from ADENU (Naga) and we were really brought up to have so much school spirit and pride in the name Ateneo. It’s like brainwashing. It gave us so much pride, we weren’t aware then that we were being elitist already. It had to take being out of Ateneo and into an unheard school (outside Naga) that I had to learn humility. And now, I cringe at the thought that I was once an elitist. Before, we were taught that not all schools are created equal, and in Ateneo, there is no school that can be its equal.
I remember our guidance counselor telling us how Ateneo accepts applicants in college. It employs relative grade scaling. A 70 in algebra from an atenean graduate will equal a 90 from a student in another school. And in some ways, it really is true! I only get 75 or 76 (barely passing) in the maths when I was in Ateneo, but compared to other students in other schools, I already am brilliant when I help them solve their problems!
Don’t get me wrong. Don’t bash Jesuit education. It’s still one of the best. They are the leaders of open mindedness after all. And the greatest teacher I’ve ever known is a Jesuit. The scoundrels we see now who proudly proclaim they are alumnus of this esteemed school are as much Ateneans as the DVDs sold in Quiapo. There will always be rotten apples in the basket. No school will ever be exempt from that one.
It doesn’t matter from which school you came from, what matters is how you comport yourself in public (and private) and practice the best of the teachings your school gave you. This I learned from people I’ve met who came from unheard-of schools, yet showed me school colors mean jack shit when people’s characters are the ones under the microscope.
I think Miriam started going unhinged after her son killed himself. Ikaw ba naman ituro nang anak mo na rason ng pagkakamatay nya…
Thank God she didn’t win that presidential election! Just imagine this crazy lady shooting off her mouth at other heads of states. the shame of it all.
WE are all BURMESE!
Can we show our solidarity with people of BURMA who are being oppressed by the brutal military regime there.CNN breaking news report that security forces have fired automatic weapons on helpless crowds of anti- government
protesters.
Express your outrage on the the brutality there.Burma today.Maybe Philippines tomorrow.
Myanmar Embassy in Manila, Philippines
Embassy of Myanmar in Manila, Philippines
8th Floor, XANLAND Centre
152, Amorsolo Street
Legaspi Village
Makati City
Manila, Philippines
City: Manila
Phone: (0063-2) 817-2373, 812-9587
Fax: (0063-2) 817-5895.
Email: [email protected]
DevilsAdv8,
Is youe alias a good one for a Jesuitized Atenean?
discreet investigation it was…
a secret discreet investigation (only declassified 2 days ago by gloria). teves, favila and gaite were tasked by ermita (on orders from gloria) to investigate discreetly the bribe offer.
the investigation that was so DeSecretly conducted that even those witnesses present yesterday in the senate NBN deal inquiry were unaware of!
…please read lawyer marichu c. lambino’s take on the uncorroborated bribe offer (her blogposts yesterday).
To The Filipino Oligarchs
and
intellectuals?….(nowadays when you can write a sentence or two in english and when you can write or say a bit about issues…you can call yourself as an intellectual….forgetting that there is two side of a story like there is a Jose Rizal on one side of the coin and there is….guess who/what on the other side…)
mlq3,
Enjoy the escape from Manila….and reading more of your articles am now convince that your favorite word among others is relativism….(i.e. there is no absolute truth) and I do hope your comprehension of the word is exact…….
and that you acknowledged that you are partly in an oligarchies(not to mention plutocratic and the like….) and privileged position being a quezon and that it is time for you oligarchs to give more back to societies education especially the so-called “civil society”(better known outside of Philippine media as the
“….evil society….” or the greatest pretenders of them all)to the poor and uneducated majority of the masses and not just from the privileged once…
right forgive the fragmented composition of the sentence as it is an honest to goodness raw feeling….and moreover…
to the so called “civil society” of the Philippines….perhaps many of you are reading this (hopefully) the issue of Neri would have not come to pass if not because of your Zionic Biblical interpretation of 21st century event so unapplicable to our times of the edsa2 better known again outside of the Philippine press as “POWER GRAB” that lead to the shameful present situation of my beloved Philippines…
i do hope that your religiousity and belief in Catholism is not selective….i.e. do you know that in the Bible …if a woman wears a mans clothes (for example pants/trousers) that she is bound to be killed….as it is a mortal sin…now..tell me……shouldn’t the Holy Zionic Supreme Court of the Philippines and the Evil Catholic Bishops be stoning Gloria Arroyo to death by now? Not to mention Gabriela Silang and the rest of the pants/trousers bound lovely ladies of the Philippines…tell me Gaudencio Rosales…or your also sellective of your Bible….as you are sellective of the truth ….
and please do not covets into Burma/Myanmar untill you guys corrected the greatest mistake/error/sin you have committed against the 11 million people who choose to give mandate to a movie star than to trapos and oligarchs….
This is not intended to be a critizism but a reminder that there are other people out there who knows the truth and that sooner or latter they will talk and expose the evil that is created by these oligarchs of the Philippines….
…DiSecretly pala…wrong spelling.
http://news.bbc.co.uk/2/hi/in_pictures/7015799.stm
Send your emails of solidarity with Brave People of Burma to the Myanmar embassy in Makati:
Phone: (0063-2) 817-2373, 812-9587
Fax: (0063-2) 817-5895.
Email: [email protected]
Thanks Mlq3 for the mention.
By the way, my own caption of the picture up there of Neri with Gloria is (think it was taken before she flew to NY or on the eve of the hearing?)
Picture is lifted from the Philippine Star on line front page, Mr Neri’s “my superior” looking her pugilist best is visibly giving instructions to a highly attentive and rather submissive-looking, open mouthed Neri…
“You go get ’em, fight ’em, kick ’em, punch ’em, and when you’re done with them, you squeeze them by the neck like this…”
Ang Ladlad issue a statement (Ellen Tordesillas blog):
“While we laud Commission on Higher Education officer-in-charge Romulo Neri for blowing the whistle on the P200 million bribe offer by Mr. Abalos, we deplore that he chose to hide behind the skirt of executive privilege to hide Malacanang’s links to the scandal.â€Â
MY COMMENT:
Neri did not only hide behind the skirt of Gloria’s e.p., he wore and danced with it on the Senate floor!!!
” Dare waht it takes to be. Then we shall so bcoz it is. To do or not Now what else to be without.” WORDS OF WISDOM FRoM A SENATOR. Ang galeng.
Re: “The Palace has managed to hold the line and can take a breather. ”
Yeah! Thanks to Neri, they managed to hoard all the oxygen bottles they need between today and 2010…
cvj, re your post about atenean “elitism”, i think we all have to share the blame. its not only ateneo but i think u.p. has the same kind of better-than-you-are mentality. of course i am aware of the ivy-league schools here in the u.s. and how prospective employers seek graduates from those schools over others, and the generally better impression they get from the public. ateneo and u.p., and a few others, are among those considered to be schools of the “haves” and the others “schools of the “have-nots”. in the case of u.p., this belief doesn’t make sense since this is a government-funded state university that is supposed to cater to the poor and deserving students.
it is not uncommon that whenever someone meets a stranger, some of the most frequently asked questions are: what is your pedigree? what school did you attend college? if you say u.p., ateneo, etc., they say “wow” and roll their eyes in awe. when you say feu, ue, mlq, or even ust, they say, “oh, i see”, then carry on. from there, these graduates of these “elitist” schools band themselves together as fraternity brothers, speak with a certain amount of cockiness, and walk with a swagger like they were imbued with privilege and distinction. unfortunately, many turn out to be crooks and unsavory characters, just the same.
pete m, what’s in a name? a rose by any other name still smells as sweet. i won’t explain myself a third or fourth time. i leave you to discover what my name means..
Re: ” from there, these graduates of these “elitist†schools band themselves together as fraternity brothers, speak with a certain amount of cockiness, and walk with a swagger like they were imbued with privilege and distinction. ”
Agree! Same thing everywhere else in the world. That’s why they are called elitist.
Re Baycas”, “a secret discreet investigation ”
So secret, so discreet, the cabinet members and Bondoc didn’t know they were investigated.
Investigation? Come on! Tell that to the Marines! Even the marines won’t believe them.
Francis is a blaring megaphone of my prediction.
ah. what is 3 years in the blink of an eye?
six years from now, we’ll look back (or those of us who’ll survive the bloodlust) at this time, this ZTE deal, and the failure of “civil” (kuno) society to elicit anything but a squeak as the tipping point for a very overdue revolt of the masses.
my hope is that when it happens, those who’ve won for themselves the right to start anew don’t waste it by willingly giving back the baton to a new set of oligarchs, or worser still, themselves turn into the new oligarchs. that truly would be so friggin Orweillian. The Farm should be prerequisite reading to every revolutionist.
“Miriam is sending an apology letter to the Chinese embassy. She should have uttered those words in executive session, next time Miriam is scheduled to speak she should be asked to deliver her spiel in executive sesssion  all by herself.”
She does throw shit at the fan, doesn’t she.
“Neri did not only hide behind the skirt of Gloria’s e.p., he wore and danced with it on the Senate floor!!!”
I don’t know maybe it’s just me, but according to Neri, Gloria instructed him not to take the bribe. Right? So that means she believes Neri. Right? That means she believes Neri Abalos tried to bribe him, Neri, the Secretary of NEDA, her Secretary. That was months ago. There was supposedly a discreet investigation, that’s it. Isn’t this criminal? Shouldn’t she be, at the very least, investigated by a co-equal body? The problem is that some of the opposition senators did not EXPRESS shock at the REVELATION. Again, our need for the dramatic.
http://bhapu.blogs.friendster.com/rendezvous_in_dreams/2007/09/somehow_it_does.html
everybody’s in an uproar over the NBN, let me raise a squeak for the CyberEd tragedy.
It dawned on me that Malacanang is just stalling for more time. More time for what? Apparently, Gloria and folks are waiting for the monumental distraction that was provided each time for each of the scandals they had previously suffered.
Yes. We all know what it is. Just right around the corner. Pinoys will troop to their TVs, cinemas, hotels, internet, streets will be empty, plazas will be full, and the whole nation will grind to a halt, as a single Filipino tries his darndest to knock out his opponent.
Perhaps we can apply to him to knock some sense INTO us first.
Brian,
No need for the dramatic at all but a statement to the effect that they took note of it and would do something about in good order is expected of them.
so true bencard, specially your last sentence.
a bribery happened and all gloria can say is “don’t accept the bribe but approve the deal anyway.” well, nobody’s surprise anymore. can we just move on?… to the next one?
Filipinos who are graduates of those schools even bring the elitist attitude to the US but they usually fail to impress the Americans. When they say “I’m a UP graduate†to an American, the American will just reply “Huhâ€Â. A long explanation bordering on discrimination from the Filipino elitist will follow. Then the American will just say ‘Ok’ and move on.
Maybe more revelations will come out during the Abalos impeachment proceedings. Let’s see if JDV has the numbers.
mlq3, cvj,
miriam’s comment has unnecessarily complicated phil- china and fil-chinese relations. the senate ethics committee should act on this. miriam should atleast be censured.
Bencard,
Here’s some intellectual exercise for you, for anyone and for everybody here who’s into law books. Thanks.
It concerns the motion of Lt Trillanes to transfer case jurisdiction to the SandiganBayan. It was drafted by a commenter in Ellen Tordesillas blog signing as Attyatty36252; the original link is found in http://www.senpinglacson.proboards83.com/index.cgi?board=investigation&action=display&thread=1190725009.
Motion to Quash for Trillanes
« Thread Started on Sept 25, 2007, 7:56am »
——————————————————————————–
The facts I know about the case of Senator Trillanes are all culled from the web. The facts I consider relevant are as follows:
1. Among the accused are Gary Alejano and Nicanor Faeldon;
2. Both are Marine Captains;
3. The Marine Corps is a service of the Philippine Navy, patterned after the US Marines;
4. The jurisdiction of the Sandiganbayan is defined by PD 1606 as amended by RA 8249;
If the facts above are true, and there are no amendments to PD 1606 after RA 8249, then I think the motion below will present a good fight.
I am posting this purely for the intellectual exercise. If somebody finds it useful, then I shall have been doubly rewarded.
MOTION TO QUASH
Accused, through counsel, to this Honorable Court, respectfully files this motion to quash, on the grounds discussed below.
D I S C U S S I O N
The Rules of Court provide that a Motion to Quash may be filed if it is shown that the Court lacks jurisdiction to try the case [Rule 117 Sec 3 (b)]. A motion to quash based on lack of jurisdiction may be filed at any time, even on appeal. The Supreme Court, in the case of Rosa Uy v. CA (G.R. No. 119000 held that:
“….from the above-quoted law, we can see that even if a party fails to file a motion to quash, he may still question the jurisdiction of the court later on. Moreover, these objections may be raised or considered motu propio by the court at any stage of the proceedings or on appeal
The jurisdiction to try this case, we submit, lies in the Sandiganbayan, not this Honorable Court. Said Court’s jurisdiction, is provided as follows:
“Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense:
“(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
“(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
“b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.
“A perusal of the aforequoted Section 4 of R.A. 8249 reveals that to fall under the exclusive original jurisdiction of the Sandiganbayan, the following requisites must concur:
1) the offense committed is a violation of
a. R.A. 3019, as amended (the Anti-Graft and Corrupt Practices Act),
b. R.A. 1379 (the law on ill-gotten wealth),
c. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (the law on bribery),
d. Executive Order Nos. 1, 2, 14, and 14-A, issued in 1986 (sequestration cases), or
e. other offenses or felonies whether simple or complexed with other crimes;
2) the offender comitting the offenses in items (a), (b), (c) and (e) is a public official or employee holding any of the positions enumerated in paragraph a of Section 4; and
3) the offense committed is in relation to the office [Panfilo M. Lacson v. Executive Secretary, et al (GR 128096].
With respect to the first requisite, the Lacson case, held that the phrase “other offenses or felonies” is broad enough to include the crime of murder. It certainly is broad enough to include the crime of coup d’ etat. The first requisite is, therefore, satisfied.
The second requisite requires that the offender be an officer holding any of the positions enumerated in Section 4. Section 4 (a) (1) (d) states that the Sandiganbayan shall have original jurisdiction if one or more of the accused is at least a naval captain. Two of the accused, Nicanor Faeldon and Gary Alejano are marine captains. The Marine Corps is a service of the Philippine Navy. Accused Faeldon and Alejano, therefore, are “naval captains†within the contemplation of the law. The second requisite, therefore, has also been satisfied..
The third requisite is satisfied if the offense is committed in relation to the offender’s office. The Amended Information charges as follows:
“That on or about July 27, 2003, and on dates prior and subsequent thereto, in Makati City, a place within the jurisdiction of this Honorable Court, above-named accused, all officers and enlisted men of the Armed Forces of the Philippines (AFP), together with several John Does and Jane Does, conspiring, conniving, confederating and mutually helping one another, each committing individual acts toward a common design or purpose of committing coup d’etat, by did then and there, knowingly, willfully, unlawfully, feloniously plan, orchestrate, recruit, instigate, mobilize, deploy and execute said common design or purpose of committing coup d’ etat, swiftly attack and seize by means of force, intimidation, threat, strategy, or stealth the facilities of the Ayala Center, particularly Oakwood Premier Hotel and its immediate vicinity, for the exercise and continued possession of power, directed against the duly constituted authorities of the Republic of the Philippines, by did then and there, withdraw support and demand the resignation of PRESIDENT GLORIA MACAPAGAL-ARROYO and members of her official cabinet and top officials of the AFP and the Philippine National Police, for the purpose of seizing or diminishing state power.
CONTRARY TO LAW.†(quoted in G.R. No. 162318 and G.R. No. 162341, October 25, 2004)
The Amended Information charges that the accused withdrew support from the President. The office and function of a soldier is to support the President, who is the Commander in Chief. The withdrawal of support, therefore, is an element of the offense, committed in relation to the office of said accused soldiers.
It is clear, therefore, that all the requisites for acquisition of jurisdiction by the Sandiganbayan obtain in this case.
Neither may it be argued that the jurisdiction is concurrent with this Honorable Court, for Section 4 further provides that:
“In cases where none of the accused are occupying positions corresponding to Salary Grade “27†or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.â€Â
By the above provision, this Honorable Court may only acquire jurisdiction if none of the accused have the rank of naval captain.
Furthermore, the jurisdiction of this Honorable Court is defined by Batas Pambansa 129, which provides that:
“Sec. 20. Jurisdiction in criminal cases.  Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.â€Â
The very provision, that defines this Honorable Court’s jurisdiction clearly states that the jurisdiction of the Sandiganbayan is exclusive.
Considering that this Honorable Court has no jurisdiction over this case, a grant of this Motion to Quash, we submit, is in order.
Motion to Quash for Trillanes
« Thread Started on Sept 25, 2007, 7:56am »
——————————————————————————–
The facts I know about the case of Senator Trillanes are all culled from the web. The facts I consider relevant are as follows:
1. Among the accused are Gary Alejano and Nicanor Faeldon;
2. Both are Marine Captains;
3. The Marine Corps is a service of the Philippine Navy, patterned after the US Marines;
4. The jurisdiction of the Sandiganbayan is defined by PD 1606 as amended by RA 8249;
If the facts above are true, and there are no amendments to PD 1606 after RA 8249, then I think the motion below will present a good fight.
I am posting this purely for the intellectual exercise. If somebody finds it useful, then I shall have been doubly rewarded.
MOTION TO QUASH
Accused, through counsel, to this Honorable Court, respectfully files this motion to quash, on the grounds discussed below.
D I S C U S S I O N
The Rules of Court provide that a Motion to Quash may be filed if it is shown that the Court lacks jurisdiction to try the case [Rule 117 Sec 3 (b)]. A motion to quash based on lack of jurisdiction may be filed at any time, even on appeal. The Supreme Court, in the case of Rosa Uy v. CA (G.R. No. 119000 held that:
“….from the above-quoted law, we can see that even if a party fails to file a motion to quash, he may still question the jurisdiction of the court later on. Moreover, these objections may be raised or considered motu propio by the court at any stage of the proceedings or on appeal
The jurisdiction to try this case, we submit, lies in the Sandiganbayan, not this Honorable Court. Said Court’s jurisdiction, is provided as follows:
“Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense:
“(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
“(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
“b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.
“A perusal of the aforequoted Section 4 of R.A. 8249 reveals that to fall under the exclusive original jurisdiction of the Sandiganbayan, the following requisites must concur:
1) the offense committed is a violation of
a. R.A. 3019, as amended (the Anti-Graft and Corrupt Practices Act),
b. R.A. 1379 (the law on ill-gotten wealth),
c. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (the law on bribery),
d. Executive Order Nos. 1, 2, 14, and 14-A, issued in 1986 (sequestration cases), or
e. other offenses or felonies whether simple or complexed with other crimes;
2) the offender comitting the offenses in items (a), (b), (c) and (e) is a public official or employee holding any of the positions enumerated in paragraph a of Section 4; and
3) the offense committed is in relation to the office [Panfilo M. Lacson v. Executive Secretary, et al (GR 128096].
With respect to the first requisite, the Lacson case, held that the phrase “other offenses or felonies” is broad enough to include the crime of murder. It certainly is broad enough to include the crime of coup d’ etat. The first requisite is, therefore, satisfied.
The second requisite requires that the offender be an officer holding any of the positions enumerated in Section 4. Section 4 (a) (1) (d) states that the Sandiganbayan shall have original jurisdiction if one or more of the accused is at least a naval captain. Two of the accused, Nicanor Faeldon and Gary Alejano are marine captains. The Marine Corps is a service of the Philippine Navy. Accused Faeldon and Alejano, therefore, are “naval captains†within the contemplation of the law. The second requisite, therefore, has also been satisfied..
The third requisite is satisfied if the offense is committed in relation to the offender’s office. The Amended Information charges as follows:
“That on or about July 27, 2003, and on dates prior and subsequent thereto, in Makati City, a place within the jurisdiction of this Honorable Court, above-named accused, all officers and enlisted men of the Armed Forces of the Philippines (AFP), together with several John Does and Jane Does, conspiring, conniving, confederating and mutually helping one another, each committing individual acts toward a common design or purpose of committing coup d’etat, by did then and there, knowingly, willfully, unlawfully, feloniously plan, orchestrate, recruit, instigate, mobilize, deploy and execute said common design or purpose of committing coup d’ etat, swiftly attack and seize by means of force, intimidation, threat, strategy, or stealth the facilities of the Ayala Center, particularly Oakwood Premier Hotel and its immediate vicinity, for the exercise and continued possession of power, directed against the duly constituted authorities of the Republic of the Philippines, by did then and there, withdraw support and demand the resignation of PRESIDENT GLORIA MACAPAGAL-ARROYO and members of her official cabinet and top officials of the AFP and the Philippine National Police, for the purpose of seizing or diminishing state power.
CONTRARY TO LAW.†(quoted in G.R. No. 162318 and G.R. No. 162341, October 25, 2004)
The Amended Information charges that the accused withdrew support from the President. The office and function of a soldier is to support the President, who is the Commander in Chief. The withdrawal of support, therefore, is an element of the offense, committed in relation to the office of said accused soldiers.
It is clear, therefore, that all the requisites for acquisition of jurisdiction by the Sandiganbayan obtain in this case.
Neither may it be argued that the jurisdiction is concurrent with this Honorable Court, for Section 4 further provides that:
“In cases where none of the accused are occupying positions corresponding to Salary Grade “27†or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.â€Â
By the above provision, this Honorable Court may only acquire jurisdiction if none of the accused have the rank of naval captain.
Furthermore, the jurisdiction of this Honorable Court is defined by Batas Pambansa 129, which provides that:
“Sec. 20. Jurisdiction in criminal cases.  Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.â€Â
The very provision, that defines this Honorable Court’s jurisdiction clearly states that the jurisdiction of the Sandiganbayan is exclusive.
Considering that this Honorable Court has no jurisdiction over this case, a grant of this Motion to Quash, we submit, is in order.
Motion to Quash for Trillanes
« Thread Started on Sept 25, 2007, 7:56am »
——————————————————————————–
The facts I know about the case of Senator Trillanes are all culled from the web. The facts I consider relevant are as follows:
1. Among the accused are Gary Alejano and Nicanor Faeldon;
2. Both are Marine Captains;
3. The Marine Corps is a service of the Philippine Navy, patterned after the US Marines;
4. The jurisdiction of the Sandiganbayan is defined by PD 1606 as amended by RA 8249;
If the facts above are true, and there are no amendments to PD 1606 after RA 8249, then I think the motion below will present a good fight.
I am posting this purely for the intellectual exercise. If somebody finds it useful, then I shall have been doubly rewarded.
MOTION TO QUASH
Accused, through counsel, to this Honorable Court, respectfully files this motion to quash, on the grounds discussed below.
D I S C U S S I O N
The Rules of Court provide that a Motion to Quash may be filed if it is shown that the Court lacks jurisdiction to try the case [Rule 117 Sec 3 (b)]. A motion to quash based on lack of jurisdiction may be filed at any time, even on appeal. The Supreme Court, in the case of Rosa Uy v. CA (G.R. No. 119000 held that:
“….from the above-quoted law, we can see that even if a party fails to file a motion to quash, he may still question the jurisdiction of the court later on. Moreover, these objections may be raised or considered motu propio by the court at any stage of the proceedings or on appeal
The jurisdiction to try this case, we submit, lies in the Sandiganbayan, not this Honorable Court. Said Court’s jurisdiction, is provided as follows:
“Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense:
“(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
“(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
“b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.
“A perusal of the aforequoted Section 4 of R.A. 8249 reveals that to fall under the exclusive original jurisdiction of the Sandiganbayan, the following requisites must concur:
1) the offense committed is a violation of
a. R.A. 3019, as amended (the Anti-Graft and Corrupt Practices Act),
b. R.A. 1379 (the law on ill-gotten wealth),
c. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (the law on bribery),
d. Executive Order Nos. 1, 2, 14, and 14-A, issued in 1986 (sequestration cases), or
e. other offenses or felonies whether simple or complexed with other crimes;
2) the offender comitting the offenses in items (a), (b), (c) and (e) is a public official or employee holding any of the positions enumerated in paragraph a of Section 4; and
3) the offense committed is in relation to the office [Panfilo M. Lacson v. Executive Secretary, et al (GR 128096].
With respect to the first requisite, the Lacson case, held that the phrase “other offenses or felonies” is broad enough to include the crime of murder. It certainly is broad enough to include the crime of coup d’ etat. The first requisite is, therefore, satisfied.
The second requisite requires that the offender be an officer holding any of the positions enumerated in Section 4. Section 4 (a) (1) (d) states that the Sandiganbayan shall have original jurisdiction if one or more of the accused is at least a naval captain. Two of the accused, Nicanor Faeldon and Gary Alejano are marine captains. The Marine Corps is a service of the Philippine Navy. Accused Faeldon and Alejano, therefore, are “naval captains†within the contemplation of the law. The second requisite, therefore, has also been satisfied..
The third requisite is satisfied if the offense is committed in relation to the offender’s office. The Amended Information charges as follows:
“That on or about July 27, 2003, and on dates prior and subsequent thereto, in Makati City, a place within the jurisdiction of this Honorable Court, above-named accused, all officers and enlisted men of the Armed Forces of the Philippines (AFP), together with several John Does and Jane Does, conspiring, conniving, confederating and mutually helping one another, each committing individual acts toward a common design or purpose of committing coup d’etat, by did then and there, knowingly, willfully, unlawfully, feloniously plan, orchestrate, recruit, instigate, mobilize, deploy and execute said common design or purpose of committing coup d’ etat, swiftly attack and seize by means of force, intimidation, threat, strategy, or stealth the facilities of the Ayala Center, particularly Oakwood Premier Hotel and its immediate vicinity, for the exercise and continued possession of power, directed against the duly constituted authorities of the Republic of the Philippines, by did then and there, withdraw support and demand the resignation of PRESIDENT GLORIA MACAPAGAL-ARROYO and members of her official cabinet and top officials of the AFP and the Philippine National Police, for the purpose of seizing or diminishing state power.
CONTRARY TO LAW.†(quoted in G.R. No. 162318 and G.R. No. 162341, October 25, 2004)
The Amended Information charges that the accused withdrew support from the President. The office and function of a soldier is to support the President, who is the Commander in Chief. The withdrawal of support, therefore, is an element of the offense, committed in relation to the office of said accused soldiers.
It is clear, therefore, that all the requisites for acquisition of jurisdiction by the Sandiganbayan obtain in this case.
Neither may it be argued that the jurisdiction is concurrent with this Honorable Court, for Section 4 further provides that:
“In cases where none of the accused are occupying positions corresponding to Salary Grade “27†or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.â€Â
By the above provision, this Honorable Court may only acquire jurisdiction if none of the accused have the rank of naval captain.
Furthermore, the jurisdiction of this Honorable Court is defined by Batas Pambansa 129, which provides that:
“Sec. 20. Jurisdiction in criminal cases.  Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.â€Â
The very provision, that defines this Honorable Court’s jurisdiction clearly states that the jurisdiction of the Sandiganbayan is exclusive.
Considering that this Honorable Court has no jurisdiction over this case, a grant of this Motion to Quash, we submit, is in order.
Motion to Quash for Trillanes
« Thread Started on Sept 25, 2007, 7:56am »
——————————————————————————–
The facts I know about the case of Senator Trillanes are all culled from the web. The facts I consider relevant are as follows:
1. Among the accused are Gary Alejano and Nicanor Faeldon;
2. Both are Marine Captains;
3. The Marine Corps is a service of the Philippine Navy, patterned after the US Marines;
4. The jurisdiction of the Sandiganbayan is defined by PD 1606 as amended by RA 8249;
If the facts above are true, and there are no amendments to PD 1606 after RA 8249, then I think the motion below will present a good fight.
I am posting this purely for the intellectual exercise. If somebody finds it useful, then I shall have been doubly rewarded.
MOTION TO QUASH
Accused, through counsel, to this Honorable Court, respectfully files this motion to quash, on the grounds discussed below.
D I S C U S S I O N
The Rules of Court provide that a Motion to Quash may be filed if it is shown that the Court lacks jurisdiction to try the case [Rule 117 Sec 3 (b)]. A motion to quash based on lack of jurisdiction may be filed at any time, even on appeal. The Supreme Court, in the case of Rosa Uy v. CA (G.R. No. 119000 held that:
“….from the above-quoted law, we can see that even if a party fails to file a motion to quash, he may still question the jurisdiction of the court later on. Moreover, these objections may be raised or considered motu propio by the court at any stage of the proceedings or on appeal
The jurisdiction to try this case, we submit, lies in the Sandiganbayan, not this Honorable Court. Said Court’s jurisdiction, is provided as follows:
“Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where one or more of the principal accused are officials occupying the following positions in the government, whether in permanent, acting or interim capacity, at the time of the commission of the offense:
“(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
“(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
“b. Other offenses or felonies committed by the public officials and employees mentioned in subsection (a) of this section in relation to their office.
“A perusal of the aforequoted Section 4 of R.A. 8249 reveals that to fall under the exclusive original jurisdiction of the Sandiganbayan, the following requisites must concur:
1) the offense committed is a violation of
a. R.A. 3019, as amended (the Anti-Graft and Corrupt Practices Act),
b. R.A. 1379 (the law on ill-gotten wealth),
c. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (the law on bribery),
d. Executive Order Nos. 1, 2, 14, and 14-A, issued in 1986 (sequestration cases), or
e. other offenses or felonies whether simple or complexed with other crimes;
2) the offender comitting the offenses in items (a), (b), (c) and (e) is a public official or employee holding any of the positions enumerated in paragraph a of Section 4; and
3) the offense committed is in relation to the office [Panfilo M. Lacson v. Executive Secretary, et al (GR 128096].
With respect to the first requisite, the Lacson case, held that the phrase “other offenses or felonies” is broad enough to include the crime of murder. It certainly is broad enough to include the crime of coup d’ etat. The first requisite is, therefore, satisfied.
The second requisite requires that the offender be an officer holding any of the positions enumerated in Section 4. Section 4 (a) (1) (d) states that the Sandiganbayan shall have original jurisdiction if one or more of the accused is at least a naval captain. Two of the accused, Nicanor Faeldon and Gary Alejano are marine captains. The Marine Corps is a service of the Philippine Navy. Accused Faeldon and Alejano, therefore, are “naval captains†within the contemplation of the law. The second requisite, therefore, has also been satisfied..
The third requisite is satisfied if the offense is committed in relation to the offender’s office. The Amended Information charges as follows:
“That on or about July 27, 2003, and on dates prior and subsequent thereto, in Makati City, a place within the jurisdiction of this Honorable Court, above-named accused, all officers and enlisted men of the Armed Forces of the Philippines (AFP), together with several John Does and Jane Does, conspiring, conniving, confederating and mutually helping one another, each committing individual acts toward a common design or purpose of committing coup d’etat, by did then and there, knowingly, willfully, unlawfully, feloniously plan, orchestrate, recruit, instigate, mobilize, deploy and execute said common design or purpose of committing coup d’ etat, swiftly attack and seize by means of force, intimidation, threat, strategy, or stealth the facilities of the Ayala Center, particularly Oakwood Premier Hotel and its immediate vicinity, for the exercise and continued possession of power, directed against the duly constituted authorities of the Republic of the Philippines, by did then and there, withdraw support and demand the resignation of PRESIDENT GLORIA MACAPAGAL-ARROYO and members of her official cabinet and top officials of the AFP and the Philippine National Police, for the purpose of seizing or diminishing state power.
CONTRARY TO LAW.†(quoted in G.R. No. 162318 and G.R. No. 162341, October 25, 2004)
The Amended Information charges that the accused withdrew support from the President. The office and function of a soldier is to support the President, who is the Commander in Chief. The withdrawal of support, therefore, is an element of the offense, committed in relation to the office of said accused soldiers.
It is clear, therefore, that all the requisites for acquisition of jurisdiction by the Sandiganbayan obtain in this case.
Neither may it be argued that the jurisdiction is concurrent with this Honorable Court, for Section 4 further provides that:
“In cases where none of the accused are occupying positions corresponding to Salary Grade “27†or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.â€Â
By the above provision, this Honorable Court may only acquire jurisdiction if none of the accused have the rank of naval captain.
Furthermore, the jurisdiction of this Honorable Court is defined by Batas Pambansa 129, which provides that:
“Sec. 20. Jurisdiction in criminal cases.  Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.â€Â
The very provision, that defines this Honorable Court’s jurisdiction clearly states that the jurisdiction of the Sandiganbayan is exclusive.
Considering that this Honorable Court has no jurisdiction over this case, a grant of this Motion to Quash, we submit, is in order.
Geez, sorry about that Mlq, don’t know what happened, double posting in the same post.
Apologies for the length but I suggest you delete the body of the post if you want after Bencard gets to read it. Thanks.