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Monday, March 9, 2015

Treason?


By Rod Kapunan
Most stereotype lawyers whose pedestrian view on what the Constitution and the law say could be laughing at my two patriotic friends, lawyer Homobono Adaza and columnist Herman Tui Laurel.  I state this because to file a case of treason against President Benigno Simeon “”Noynoy” Aquino III et al, is to act like that of the man from La Mancha.  And for them, it would be futile to defend the Filipino people from these morons who are dead set in betraying the country. 
But contrary to what the stereotype lawyers have to say, the two will have the last laugh because they could see how this government has treated the Constitution as a rug, that it even dares the opposition to go ahead with their threat to file charges against them.  The clown knows he has been given the go-signal by the court to exercise freely his power to bribe, putting truism that it is not the magic of the majority that will decide our fate, but on how money could move things against us.   The clown remains unrepentant that he failed to measure the value of our sovereignty by making a travesty of the lives of those who sacrificed for this country.    
As stereotype lawyers would argue, the clown has to be impeached first to demolish the shield of immunity that has been wrapped around him by the Constitution.  Only after the complaint or resolution has been forwarded, or that the resolution acted upon by one-third (1/3) of all the members of the House could it proceed to try the case in the Senate Impeachment Court, and convict him if found guilty.   But that is only the theoretical side of it.  The hard truth is that we have a politicized impeachment process of kicking out a leader that he could easily get away with it even if the crime he committed is serious to warrant the imposition of death penalty. 
The House committee that is supposed to act on the complaint or the resolution, or the Senate impeachment court, has been so politicized that members vote not on the merits of the case but on the amount of cash consideration that awaits them should they vote in accordance to the wishes of Malacañang.   The impeachment of Chief Justice Renato Corona, Jr. has become a stare decisisof the gravity and dimension of corruption in this country.    In fact, like the coup attempt rumors that have become a way to buy the loyalty of some enterprising generals, have been adopted by our politicians to make windfall profit of an impeachment proceeding. 
That is the reason why Adaza and Laurel opted to file the complaint before the  Ombudsman, for even if it will not prosper, the opportunists nonetheless were deprived of their windfall profit.  Among the specific acts of treason committed by the clown are:  a) For violating Article I of the Constitution, much that the approval  of the BBL would grant the MILF a defined territory  with sovereign  powers; b) For violating  Section 1, Article II because the BBL seeks to establish Islam as an official religion contrary to our democratic  and republic form of government;  c)  For violating Article II of the Constitution about the sanctify of the family to which Islam promotes polygamy and divorce; d) For violating Section 20, Article II which seeks to develop a self-reliant economy controlled by Filipinos much that the MILF is funded by a foreign power; e) For violating Section 8,  Article III of the Constitution because it seeks to establish Islam as the  official religion in their  proposed area;  g) For violating Section 5 of Article VII of the Constitution for failing to observe his oath of allegiance which states to quote:  “to preserve and defend the constitution, execute the laws, do justice to every man, and consecrate myself  to the service of the nation”;   h) And for violating Article X of the constitution  much that there is no other autonomous regions, except the autonomous regions of Muslim  Mindanao and the Cordilleras or much more, allowing the creation of a new state called Bangsamoro. 
The  essential parts of the agreement concluded by the traitors are as follows:   a) A Bangsamoro entity will be established in areas of Mindanao that will replace the current Autonomous Region of Muslim Mindanao (ARMM);  b)  The Bangsamoro will have a ministerial form of government and its relationship with the central  government will be “asymmetrical” (meaning not subordinate); c)  The central government will have power over the following: defense, foreign policy, common market  and global trade, coinage and monetary policy,  citizenship and naturalization, and postal service, as  well as additional powers that may be agreed  upon by both parties; d)  The Bangsamoro and the central government will  negotiate on revenue and wealth sharing agreement; e) The territory of Bangsamoro will be expanded to include the current ARMM and other  municipalities, cities, and contiguous areas in Mindanao.  In other words, the signing of the agreement will not bring about a closure of the conflict; f) A Transition Commission will be created composed of 15 members, which will work on the drafting of the Basic Law, proposals to amend the current Philippine Constitution. The Basic Law that will be  submitted by the Transition Commission “shall be  certified as an urgent bill by the President” to the  national legislature; g)  a Bangsamoro Transitional Authority  (BTA) will be created and will be replaced in 2016 upon  the election of members of the Bangsamoro  legislative assembly; and h)  A third party monitoring team composed of local  and international bodies will be created to monitor  the implementation of all agreements. 
The specific acts of treason committed are as follows: a) His appointment of Marvic Leonen, now justice of the Supreme Court, Prof. Miriam Coronel-Ferrer, former Agriculture Secretary  Senen Bacani, Dr. Hamid Barra, Yasmin Busran Lao, alternate members Ramon Piang, Sr.,  and Teresita Deles, head of the Peace Process, by seeking permission from other party in a kind of agreationwhich is not proper much that we are negotiating and not sending a diplomatic envoy; b) For giving P5 million to MILF chief Al Haj Ibrahim Murad in August 2011 for which no truce or peace agreement has been concluded by the government with the secessionist rebels.    c) For committing the Philippines to sign an agreement   last March 24, 2014 witnessed by President Aquino and the broker of the MILF secessionist rebels, Malaysian  Prime Minister Najib Razak; and d) for failure to file and bring to court those responsible for the killing of the 44 members of the Special Action Force; e) The statement by MIILF chief negotiator Mohagher Iqbal that it will not submit the report to the Philippines government of the incident and his claim that he and the rest of the MILF rebels are not Filipinos and for which this government continues to negotiate. 
  All in all, the Aquino government has colluded and confederated with the MILF in trying to skirt the issue of ratification because they fear the BBL, whether in its original or amended form, would not be ratified by the people.   Such act of treason to by-pass the people’s approval cannot be done because it is their territory that is about to be portioned, giving way to the desires of the Bangsamoro.  Otherwise, it would be an unconditional surrender.
 rpkapunan@gmail.com

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