Thursday, June 14, 2012

Senior Citizen Benefits and Person With Disability Privileges in the Philippines


Every time I go out with my parents, it never fails to impress me how much we get to save on our meal receipts because of their senior citizen benefits.
Moreover, I am also quite happy, with the many discounts and privileges that my deaf and mute friend enjoys, in so many establishments in the city.
Unfortunately, not many senior citizens, and most specially people with disabilities, know their rights and benefits.
That’s why, as a simple public service, I’m sharing with you today some of the senior citizen benefits and special privileges of PWD’s that is mandated by law in the Philippines.
Who is eligible for a Senior Citizen’s ID Card?

One must be a Filipino citizen (dual citizens included), at least 60 years old, and a resident in the city where he or she is applying in for at least 6 months.


continue reading.......

Wednesday, June 13, 2012

False sense of pity


June 4, 2012


BY AMADO P. MACASAET
MALAYA
THERE is a move, skillfully implemented, that seeks to stop the Ombudsman and the Bureau of Internal Revenue from filing criminal information against convicted Chief Justice Renato Corona.
The supporters of the plan are playing to the Filipino sense of pity for a man who they say has been punished enough by the impeachment court.
In law, there is such crime as multiple murder, double murder, syndicated estafa, etc. One count or crime is separate and distinct from the rest, most of the time because the victims are different people.
A respondent can be found guilty in one count and not guilty in another or the other counts. He can be found not guilty in all counts. He can be found guilty on all counts.
What is important is the respondent is fairly tried and a verdict is rendered by a court which had no other basis except evidence. The rest of the complaints are another matter.
What could be wrong in morals and in law if the BIR holds Renato Corona liable for what it believes is a case of tax evasion? He should not be prosecuted because he has already been convicted in the impeachment trial? The argument is lame and does not sit with law.
It smacks of selective justice.
That is saying that the only crime Corona can commit is an impeachable offense. He cannot be sued while occupying the position is bad enough. It will be travesty of justice if after conviction by impeachment he is set free of other liabilities under other laws.
The supporters of Renato Corona are pleading for pity, mercy and compassion. He has been convicted in the impeachment trial and thrown out as Chief Justice. That should be enough?
‘The culture of impunity is constantly promoted by our wrong sense of pity.’
Not under the law.
It cannot happen that when a respondent is convicted in one offense, he should not be tried for the other offenses because he is “kawawa.” Have mercy. Pity the sinner.
The conviction of the Chief Justice by the impeachment court is not related to possible charges that the Ombudsman may file with the Sandiganbayan, this time for alleged violation of the anti-graft and corrupt practices act.
Nor a possible criminal case the BIR may file with a competent court for alleged tax evasion.
Are we going to exert pressure on the Ombudsman not to file criminal cases with the Sandigan because Renato Corona has already been convicted by the impeachment court?
Should he be free of possible liabilities under another law because he has suffered enough?
The culture of impunity is constantly promoted by our wrong sense of pity. We rend our hearts for the big sinners or criminals but we do not shed a tear when law is used against us by the powerful.
This is the very reason we continue to be abused by people in authority. This is the very reason the powerful are not punished according to the law.
We seek punishment for their crimes. But after they are convicted in one of many charges, we want to pity them. We do not want them to take full responsibility for their crimes. It’s “awa” or sense of pity that works all the time.
We should start with ourselves. We should pity ourselves for being abused with abandon.
Let us examine the records of the life-termers in the national penitentiary. I dare say majority of them are either ignorant or poor or both. Do we pity them for being possible victims of injustice?: We don’t. We say it is their lot.
But we have convicted but influential murderers living out of prison walls while the poor are cramped in small cells and get sick of communicable diseases like tuberculosis. Because we do not pity them!
We have considered ourselves serfs of the powerful. The powerful criminals are treated differently. This happens because of our culture of “awa” or pity. We cry for justice for all. When it is evenly and impartially applied to all, we exempt the powerful. They cannot suffer like us, the poor, the shirtless, the toothless. The law is not for them. It is against them. The law is for powerful people.
Pity or “awa” is the principal reason we cannot mount a revolt against an oppressive regime. We did it twice in two EDSA revolutions. We thought people power, done twice, would introduce the change that we have long sought but did not do much about except mount a bloodless revolt.
As they say, the more we try to change, the more things look the same. We do not, in truth, even try to change. How can we when we hero-worship the criminals after they are convicted or thrown out?
All these prove that those who do not learn from the lessons of history are condemned to repeat it.
This is the case of Renato Corona. We should stand proud and tall because finally, a regime of justice and fairness came to pass. This is the new beginning we all hope for. Now we have it. But we do not want to pursue it to its logical end.
The oppressor or violator of the Constitution and the laws one of whom happens to be Chief Justice of the Supreme Court cannot be punished for other alleged crimes. In fact, we do not even want him tried for those other alleged offenses. “Kawawa”. Have pity. Have mercy.
We are not demanding conviction. We want a fair trial. That is not too much to ask. But because the man was powerful, we must pity him.
So there goes the struggle.
***
Email: amadomacasaet@yahoo.com

Tuesday, June 12, 2012

A clear message


June 4, 2012


BY REY O. ARCILLA
MALAYA
‘Asian nations must find a way to resolve their own conflict because the US can’t always come charging in to help. – Panetta’
IF tennis star Roger Federer merited an audience and lunch with Queen Elizabeth of England, why not Benigno Simeon Aquino III, otherwise known as Noynoy Aquino, President of the Republic of the Philippines? He is both head of state and government.
Noynoy should by now be in London for an official visit. Aside from meeting with Prime Minister David Cameron, he will also have an audience with Prince Andrew who is remotely in line to the English throne.
Duh?!
News reports also say Queen Elizabeth will be hosting a luncheon for Noynoy, but it will be presided by the Mayor of London, David Wootton.
Duh?!
As a Filipino, I find both arrangements insulting. I would understand if it was a question of conflict of schedule due to the celebration of the Queen’s 60th year of ascension to the throne. But our head of state does not even rate an audience and a lunch hosted by the heir to the throne Prince Charles?
To begin with, why was the visit timed to coincide with the Diamond Jubilee of the Queen’s ascension to the throne? Surely, it could not be because Noynoy wanted to witness at the same time the festivities lined up by the Brits for the occasion.
Noynoy and his minions have been trumpeting the visit as a means to lure British investments into the country.
As I have said often enough, attracting foreign investors does not need traveling by the head of state/government. In this day and age of instant communications, the only thing that one needs to do to attract the attention of others is to do well at home. The President’s job is here. Set this house in order first. After that, everything else will fall into place, including attracting droves of foreign investors. Can anything be more explicit than that?
***
After being treated like a second class ally by the US, Noynoy goes again on a pilgrimage to Washington from London. Whatever for?! Haven’t we had enough of US double talk? We like rubbing salt to our injury?
More importantly, are we serious about settling our problem with China over the West Philippine Sea? Why do we have to keep grating Chinese sensitivities by always running to and begging Uncle Sam for help?
Please, for once, let us show the US and the world that we can fend for ourselves. And we can do it – with grit and determination! And love of country!
This is one time Noynoy had better be able to bring home some bacon that his bosses, the people, can appreciate. Transparency will also be the order of the day when he comes back from Washington.
Incidentally, without their realizing it, Noynoy and his Amboy of a foreign secretary, Albert del Rosario, will be making Ambassador Sonia Brady’s task more difficult and undermine her efforts to achieve a breakthrough in the standoff with China over the Scarborough Shoal issue by continuing to pander to the US. She needs the support of everyone, especially her head of state.
For whatever it may be worth, Sonia certainly has my best wishes.
***
Whenever the Scarborough Shoal issue comes up, the Philippines and the US never fail to say something about ensuring “freedom of navigation” and “unimpeded lawful commerce and keeping vital sea lanes open” in the West Philippine Sea. The inference is that once she achieves total control of the area, China will do just that – impede lawful commerce and navigation.
Earlier, I said I don’t think that that is really China’s objective. Surely, she must know she is not the only naval power in the region. US, Japan, Korea and Australia are there and they will not stand idly by if China did that. Their interests will be adversely affected. But more significantly, we seem to forget that much of China’s trade and commerce also go through those sea lanes. Two can play the game of “impede”. Clearly, it will not be in China’s interest to resort to that sort of thing.
As I also said earlier, China’s ultimate objective is the oil, gas and other minerals suspected to be beneath those waters.
In this regard, I believe it would do us some good to take serious note of the statement made by US defense secretary Leon Panetta at a security conference in Singapore over the weekend.
He said that China and the US “both understand the differences we have, we both understand the conflicts we have, but we also both understand that there really is no other alternative but for both of us to engage and to improve our communications and to improve our (military) relationship.”
At the same time, Panetta reportedly “warned Asian nations that they must find a way to resolve their own conflict because the U.S. can’t always come charging in to help.”
***
Good riddance…
No, I’m not referring to the convicted Renato Corona… although he may be that too. Neither is it an expression of my own sentiment.
I am referring to Senator Miriam Santiago and what her confreres who voted to convict Corona must be saying about her after she virtually called them “gago”.
Curiously, not one of them reacted to the insult. Could it be she was not so way off the mark in her diatribe? Or were they merely tolerating her, knowing she will no longer be around for long?
Santiago was supposed to join the International Criminal Court (ICC) in The Hague a month or so ago. She deferred her assumption of duty as a judge in the Court due to the Corona impeachment trial. Now that that is over, we assume she would be joining the Court shortly.
Or is she? Given her propensity to indulge in hysterics, histrionics and hurling insults against those she considers as lesser mortals, and that means everybody, she would surely feel out of place in the ICC milieu.
Whether or not she would be an asset to the Court is no longer relevant. And there is nothing that the government can do to stop her from joining the Court as demanded in an online petition by certain parties. She was elected by the UN General Assembly as a member of the Court in her personal capacity. Ergo, only she can stop herself from going either by resigning or simply by not showing up at The Hague. Frankly, I would not be surprised if she did either given her mercurial character.
***
“Now, the chief justice of the Republic of the Philippines wishes to be excused.” And then he walked out.
With those words and action, Renato Corona sealed his fate.
Some readers have asked me why I have not written about the Corona case at all. The reason was everybody else had been writing about it, day in and day out. The only time I wrote about the case was on December 20 last year when I said:
“Unless they are blind or stupid, the honorable senators should know that President Noynoy Aquino is on the moral high ground in this issue. They should know that a big majority of the people are behind Noynoy on this. They should know that when Noynoy decided to bring this issue to a head, he had already weighed all the chances of Corona being found guilty. They should also know the vast powers of the presidency at Noynoy’s disposal.
“On the other hand, Noynoy certainly must know that failure to have Corona convicted will so weaken his presidency as to render him practically a lameduck.
“That is why I said Chief Justice ‘for now’ Corona. I think he will be convicted or probably resign. Oh, I also believe the evidence against him is pretty strong, particularly the ones on graft and corruption which has nothing to do with ‘interpretation’ of the law.”
So there.
***
Reminders (for Noynoy’s action):
1) Filing of charges against officials of the National Food Administration during Arroyo’s illegitimate regime. Noynoy himself said on several occasions that there is documentary evidence to prove the venalities in the past in that agency; 2) investigation of reported anomalies in the GSIS during the watch of Winston Garcia; 3) facilitating the investigation of rampant corruption in the military and police establishments; and 4) expeditious action by the AFP on the case of Jonas Burgos.
***
Today is the 38th day of the sixth year of Jonas Burgos’ disappearance.
***
Email: roacrosshairs@yahoo.com

Monday, June 11, 2012

The real Lady Gaga issue


June 4, 2012


AS I WRECK THIS CHAIR 
By William M. Esposo 
The Philippine Star
Self-appointed guardians of our faith and morals cannot prevent a concert performance, like that of Lady Gaga, via court injunction or local government ordinance. It isn’t an issue of whether we are Lady Gaga fans or not – but whether we want to promote another era like those of the pogroms in Russia, Nazi genocide of the Jews during World War II and the Inquisition.
Nothing could be more dangerous than clerics who burn heretics because they feel mandated by God to do so. Proposing a boycott or citing how Lady Gaga violates religious sensibilities is acceptable. Seeking a legal remedy such as a TRO (Temporary Restraining Order) is curtailment of artistic freedom and that’s unacceptable.
The website of the ACLU (American Civil Liberties Union) of Florida quoted the late US president John F. Kennedy: “If art is to nourish the roots of our culture, society must set the artist free to follow his vision wherever it takes him.” Curtailment of artistic freedom is one of the most sensitive issues pertaining to our civil liberties. It’s said that artistic freedom is meant precisely for the art (or entertainment) that you don’t like.
Some of the greatest minds of the human race were subjected to varying degrees of oppression — some even tortured — during the Inquisition in Europe. Narrow-minded and superstitious clerics and Bishops could not fathom and tolerate brilliant new horizons that were explored by the finest minds of our race.
The Florida ACLU further stated: “Today, across the cultural spectrum, artistic freedom is under assault. Free expression in popular music, photography, painting, cinema and other arts is threatened by pressure from lawmakers, prosecutors and self-appointed guardians of morality and taste. Succumbing to that pressure, more and more music stores, museums, schools, theaters, television stations, bookstores and video shops are restricting the display or availability of images and words deemed to be offensive to one group of citizens or another.
The roots of contemporary efforts to curb free expression in the arts reach back to the early 1980s, when a backlash arose against the cultural freedom of previous decades. Religious fundamentalists and others, with overt support from the administration of President Ronald Reagan, began to advocate censorship of books, films and television in an effort to enforce cultural conformism. Today, we are reaping the harvest of that backlash as rap singers and museum directors are prosecuted for “obscenity,” performance artists are denied government grants and Congress passes new censorship laws.
Artistic expression has come under attack in other periods of our country’s history. In 1873, Congress passed a law that prohibited the mailing, shipping or importation of “obscene” and “immoral” matter. The law was used to ban the works of James Joyce, D.H. Lawrence, Voltaire and other great authors, as well as printed information about sexuality and contraception.”
The Florida ACLU further stated: “The perception of obscenity in art is highly subjective. As Justice Douglas wrote, in his dissent in Miller, “what may be trash to me may be prized by others.” By authorizing our courts to decide what is morally acceptable, we turn them into censorship boards that impose the personal viewpoints and tastes of judges and juries on the rest of society.
Furthermore, formulating a precise definition of obscenity has proven to be impossible. Justice Potter Stewart summed up the problem with his famous one-liner: “I know it when I see it.” That assurance is of small comfort to artists, writers, publishers and distributors, who must navigate the murky waters of obscenity law trying to predict what judges will think.
The inherent subjectivity of any definition of obscenity has led to the suppression of constitutionally protected expression. Sometimes the suppression is direct and well publicized for example, the 1990 conviction of a Florida record storeowner for selling a certain album of rap music, and the prosecution, in the same year, of an Ohio museum director for exhibiting the works of a celebrated photographer. But even more pervasive is the “chilling effect” that vague standards have on writers and artists, pressuring them to engage in self-censorship to avoid running afoul of a legal definition that means different things to different people.
The First Amendment enshrines the principle that freedom of thought and expression are essential to a free society. In practice, the First Amendment’s guarantees mean that adults must be free to decide for themselves, without governmental interference, what to read, write, paint, draw, photograph, see and hear.”
The Florida ACLU added: “First of all, the ACLU defends freedom of expression, not the content of expression. Second, if we grant the government the power to censor “sleaze,” it must also have the power to decide what “sleaze” is. History reveals that the government tends to use such power over broadly to censor controversial material by calling it “sleaze.” Any involvement by the government in deciding which ideas are fit for public consumption robs you of your constitutional right to make that decision for yourself.”
For our future generations, and ourselves, we should protect artists and entertainers against the suppression of their artistic freedom. Book them if they cross the line but not before they get to the line.
Shakespeare: “Madness in great ones must not unwatched go.”
* * *
Chair Wrecker e-mail and website: macesposo@yahoo.com and www.chairwrecker.com

Sunday, June 10, 2012

“Shocking” Underground Trade In Health Practice Uncovered In Baguio


June 3, 2012


by Artemio A. Dumlao
Dangerous Drugs (File Photo)
BAGUIO CITY (June 2, 2012) – A total of P353,200.00 worth of dangerous drugs were seized by anti-narcotics agents of the Philippine Drug Enforcement Agency-Cordillera from four traffickers late Friday unmasking an underground trade in the health practice in the country.
In separate sting operations, PDEA agents cornered the four, who Director Gil Castro of the PDEA-CAR said “are members of the medical drug syndicate”, including a younger sister of a medical doctor at the state-run Baguio General Hospital and Medical Center.
The syndicate members fell one by one, Castro said, citing Annie Pasking Akhtar, 35, a Filipina married to a Pakistani, was booked at around 4PM Friday after she sold 2,940 tablets in 294 blister packs of Diazepam with brand name, “Valium”, to an undercover anti-drug agent just outside a university along Bonifacio Street here.
Akhtar, a bachelor’s degree holder in Computer Science, a medicine distributor and a co-owner of a pharmacy in La Trinidad, Benguet, was selling P147,000.00 worth of Valium in the black market.
Before Akhtar, around 7:30 in the morning, brother-sister tandem Mark Joseph Florendo and Milagrosa Florendo Miran were busted at a fast food chain beside Rizal Monument after selling 230 blister packs of 2,300 Valium tablets worth P115,000.00 and one hundred ampules of “Nubain” valued at P30,000.00 to another anti-drug agent.
Nubain is a well-known brand of Nalbuphine Hydrochloride, classified as dangerous drug in the country just last year, Dir. Castro said.
Florendo, 23, single, is a nurse but is presently an ‘express padala’ store clerk; while Miran, 31, a Bachelor of Elementary Education graduate, but a pharmacy clerk, both from Binmaley, Pangasinan.
About four hours after Florendo and Miran were cornered, 75 ampules of “Dormicum” and 79 Nubain ampules valued at P37,500.00 and P23,700.00 respectively, were seized from Flerida N. Pel-ey in another sting operation in front of another fast food chain along AZKCO (Abanao-Zandueta-Kayang-Chugum-Otek) barangay.
Pel-ey, 27, a Commerce graduate and native of Bontoc, Mountain Province is a younger sister of an anesthesiologist at the Baguio General Hospital and Medical Center.
Castro said they found out that Pel-ey serves as her older sibling’s “courier” to her clients in the illegal drug business.
The medical doctor has a PDEA (S2) license to prescribe and administer dangerous drugs, but Director Castro said, “under the Prescription Limits and Prescribing Guidelines given upon issuance of her S2 identification card, the doctor is not supposed to be storing or carrying dangerous drugs.”
PDEA said they also found out that the supplies of Florendo and Miran of Nuvain and Valium come from Akhtar and Pel-ey.
AKhtar and Pel-ey are being charged for violating Section 5 (Sale of Dangerous Drugs) of Republic Act 9165 while Florendo and Miran also from the same drug law violation particularly, Section 26b (Conspiracy to Sell Dangerous Drugs).
Dir. Castro vows he will ask state prosecutors to summon the physician to answer in court her violations.
“High Level Illegal Drug Trade Among Physicians?”
PDEA claims that a bigtime, high-level modus operandi in the illegal drug trade involving PDEA-licensed medical doctors is now prevalent.
The “operandi” usually turns when doctors prescribe more than their clients need, then subsequently and surreptitiously keeps or saves the excess of the dangerous drugs purchased by the patient from an equally PDEA-(S) licensed pharmaceutical company, Dir. Castro explains.
The doctor may then either sell such to another unsuspecting patient; tell to a prospect-buyer-patient that another patient is selling such thru him/her, or collect or save all excess and consequently sell such in bulk to a contact-drugstore.
The PDEA added that in worst cases, some doctors keep or save the dangerous drugs that were not administered to or used by their patients who died of cancer. Still, some doctors even go to the extent of applying bleach or cuticle remover on the packagings or containers of the dangerous drugs just to erase hospital markings.
Valium is mainly used to treat anxiety, insomnia and symptoms of acute alcohol withdrawal. It is also used as a pre-medication for inducing sedation before certain medical procedures. In veterinary medicine, it is being used as a short-term sedative. Valium can lead to drug abuse and psychological dependence or drug addiction, and consequently to sleepiness, impaired motor functions, amnesia, suicidal tendencies or acts, coma and many others.
Meanwhile, Nubain is widely used to cure moderate to severe pain. But it has been found to have serious side effects, necessitating it to be administered only by a trained medical practitioner aptly licensed by the PDEA. When used indiscriminately, the drug has the capacity to produce dependence. In fact, according to the Dangerous Drug Board’s admission reports, it is one of the most commonly encountered drugs of abuse by victims seeking treatment and rehabilitation in various rehab centers.
There have also been numerous reports of abuse of the drug in many major cities in the country.
Moreover, the abuse of Nalbuphine Hydrochloride, which is an injectable drug, with the concomitant practice of needle sharing, constitutes serious public health and social problems, like the occurrence and spread of HIV/AIDS, malaria and hepatitis.
Dormicum, on the other hand, is used for treatment of acute seizures, moderate to severe insomnia, and for inducing sedation and amnesia before medical procedures. Administration of Midazolam by the intranasal or the buccal route (absorption via the gums and cheek) is becoming increasingly popular for the emergency treatment of seizures in children. It is also used for endoscopy procedural sedation and sedation in intensive care. Its drawbacks include drug interactions, tolerance, and withdrawal syndrome, as well as adverse events including cognitive impairment and sedation. Paradoxical effects occasionally occur, most commonly in children and the elderly, particularly after intravenous administration.
Rumour has it that overdosed Dormicum caused Michael Jackson’s death.***Artemio A. Dumlao***

Saturday, June 9, 2012

A new Philippines is possible


June 2, 2012


Eagle Eyes
By Tony La Vina  
Manila Standard Today
It is good that Mr. Corona decided not to appeal his conviction. Let us leave him and his family in peace. If warranted by the evidence, the Ombudsman should file criminal charges against him. But that should be done with due process, affording Mr. Corona all the rights he has under the law. There is a difference between an impeachment process and criminal proceedings, the former being essentially political. The latter should never be politicized.
Let us now turn to impeachment’s aftermath – to the country. And let’s start with the Supreme Court. Remarkable is the court’s decision in its special en banc session held on Wednesday after receiving the Senate decision removing its chief justice from office. Led by Acting Chief Justice Antonio Carpio, the court approved the release in full of the 2011 Statement of Assets, Liabilities and Net Worth of all justices and judges, a reversal of a 1989 decision that shielded them from requests to disclose their official record of personal wealth.
The stone continues to roll as more and more citizens are calling for all in public office to sign a waiver on the opening of their bank accounts. The President is resisting and time will tell how long he can keep this stance. Certainly, everyone realizes that the SALN is a potent instrument to exact accountability, that any serious untruth or nondisclosure can lead to serious repercussions.
With the decision by the Supreme Court to open up their SALNs, the “gods of Faura” conceded that no one is sacrosanct, none inviolable. If at all, the impeachment trial demonstrated that our democratic institutions can work, that we as a people have attained some measure of political maturity to respect our democratic processes, and that we can change our country for the better.
A new Philippines is possible. That is the message of the impeachment of Renato Corona. But note that I express a hope; there is no certainty that this will happen. In fact, pessimistic citizens believe that nothing will really change, and we will go back quickly to business as usual. I reject this cynicism. At the same time, as a legal and political practitioner, I know enough of the ways of the world to concede that reform can easily be defeated and turned back.
The test of whether it will be business as usual or authentic transformation, at least for the Judiciary, is in the appointment of the chief justice—the most important decision that President Aquino will make in his presidency. Nothing compares to this decision in cementing the straight road to good governance. It could also be the most lasting—its impact extending to another five to 10 years beyond President Aquino’s term that ends in 2016.
In making this historic decision, the president must avoid appointing a person for mainly political reasons. It would be a mistake if this appointment will be about pleasing one faction or another of his political coalition. What a waste of the political capital exerted in the impeachment and the gains achieved if we end up with a chief justice that is appointed because he or she is the most acceptable, politically.
The next chief justice must have integrity, exceptional intellectual capacity, vision and imagination, independence, and political skills to lead a divided court. He must be able to stand up to those who would block progress towards a transformed Judiciary that would support governance reforms, uphold the rule of law and be a bastion for social justice.
Given these qualities, the obvious choice is no other than Justice Carpio. The veteran justice, unjustly passed over by the former president who unconstitutionally appointed Mr. Corona, is not a saint. After all, he practiced law for decades before joining government in 1992 as the presidential legal counsel of President Fidel V. Ramos. Reversing the injustice done to Justice Carpio is enough reason for appointing him as chief justice. But beyond that and his record as private practitioner, what really matters is his record as public official and Supreme Court justice—which we can examine and evaluate.
Look for example at the leadership Justice Carpio exerted on his first day as acting chief justice—bringing a unanimous court with him to reverse two decades of perverse privilege. His decisions, whether in majority or dissent, are always solid, scholarly, brilliant, and visionary. He is consistently on the right side of environmental, social justice and public accountability cases. He knows the court and the Judiciary inside and out, and will be able to outmaneuver opponents to reform while winning to his side the many still on the fence.
Yes, a new Philippines is possible. And it starts with the appointment of Antonio T. Carpio as chief justice.
E-mail: tonylavs@gmail.com Facebook: tlavina@yahoo.com Twitter: tonylavs
(Published in the Manila Standard Today newspaper on /2012/June/02)

Friday, June 8, 2012

The Time of Transparency


June 2, 2012


By Fr. Shay Cullen
(His columns are published in The Manila Times,
in publications in Ireland, the UK, Hong Kong, and on-line)
The conviction of the Philippine Chief Justice Corona for dishonesty having failed to tell the truth in his statement of assets, liabilities and net worth (SALN) as required of every public official by law is a serious event in the history of the Philippines. The first impeachment of a public official. It could pave the way for greater accountability by government officials, judges and prosecutors and an improvement in the administration of the rule of law in the country.
The alleged corruption of some members of the judiciary is legendary yet very few judges have been brought to trial and convicted. That is why this decision finding the chief justice guilty of dishonesty is monumental. It has brought hope for judicial reform in the country. The Supreme Court has ordered all judges to open their SALNs to the public. It is only right and proper.
It is the judiciary which can pass judgment on the rest of us. The supreme court justices interpret the constitution, they establish what is right and wrong. Judges must be totally dedicated to truth, honesty and integrity starting with themselves. How else can they implement the law with impartiality if they themselves do not obey it or think that they are above the law.
It has been the common belief that the judges protect each other. Complaints against them are seldom fully investigated. A Judge in Davao blocked an investigation by the Human Rights Commission into a suspected burial grave for victims of summary executions. Although it was clearly an obstruction of justice, he got away with it.
Allegedly, a hefty bribe can secure a marriage annulment or a dismissal of a serious charge. Some people believe court decisions are for sale to those who can pay the most. However exaggerations abound and the conviction of the chief justice must not be taken as a conviction of the whole judiciary, there are many good honest judges but we need many more.
It is common belief too that some judges favor the rich above the poor, that they are over lenient with child sex abusers and rapists. It makes the judiciary look like protectors of pedophiles. There are few convictions of child abusers and no foreign sex tourists have been convicted for child sexual abuse in many years. Although corrupt prosecutors are to be blamed also.
The long delays, endless postponements and frequent dismissals of charges against child abusers by suspect judges and corrupt prosecutors is a serious injustice. Speedy trials with continuous hearings should be the right for every child victim but they don’t get it and frequently they give up seeking justice. The rapist goes free just as planned by all except the child victim.
The apparent impunity of human rights violators, police and military, and people traffickers, is shocking and received heavy criticism from the Geneva based UN committee reviewing the Philippine record last week. This is the now the greatest challenge to the administration of President Aquino. Much has been achieved in two years but much more is needed.
The conviction of the Chief Justice and the order for the Supreme court to judges to open all their SALNs to public scrutiny has opened up the possibility that all officials will have to publish their SALNs . We can expect a rush to the banks by officials with hidden assets to withdraw them especially those with US dollars. Government officials and politicians reportedly keep their secret and unlawful wealth in dollar accounts on the premise that they cannot ever be disclosed under the banking law.
But the impeachment trial and conviction busted that all too convenient interpretation of the law used by the chief justice. The people will be demanding to see that all officials SALNs are published and accessible on the internet. For sure wily officials will use dummies to hold their ill-gotten wealth or they will hide it abroad.
We can look to the future with hope that there will be a positive and beneficial outcome to this conviction. The Philippine judiciary will be a healthier and more trustworthy servant of the people and deliver justice speedily and fairly. Perhaps abused children will find justice, the even the assassins might be tried and convicted. If we can have that we will have a more just and happier country.