Showing posts with label antonio carpio. Show all posts
Showing posts with label antonio carpio. Show all posts

Saturday, June 2, 2012

Kim Henares or Leila de Lima as Chief Justice--good choices

Today is a wonderful day for me because I read an interview about President Noynoy Aquino toying with the idea of appointing an outsider as Chief Justice. Aquino is considering either Justice secretary Leila de Lima or BIR chief Kim Henares as possible replacements for the impeached Atty. Renato Corona. 

This shows that Aquino is really intent on cleansing the judicial bureaucracy and allowing it to regain public trust. An outsider like de Lima or Henares would surely bring reform to the fore in the judiciary. This would also eliminate malicious feelings which people had at the start of this impeachment against Corona--that the impeachment had a political color or ring into it mainly due to the suspicion that Aquino favors Associate Justice Antonio Carpio as Corona's replacement. 

Now that the President intends to appoint an outsider, there is no more suspicion that all these maneuverings were meant to prop up Carpio as the new Chief Justice. Yes, he is right now, the acting Chief Justice. There are news to the effect that Carpio intends not to serve as permanent Chief Justice, although if we follow tradition, the most senior Associate Justice normally transcends the rung when a Chief Justice retires. 

However, the fight is definitely not over.

The public should not rest. Fact is, the public should train its sights squarely on what Carpio intends to do during this time when he serves as the acting Chief Justice. Carpio, according to several legal eagles, is more lethal than Corona, his former colleague. Lethal here means unsavory. The people should check what cases are pending right now in the Supreme Court for which Carpio or his firm had an interest on.

Sunday, March 11, 2012

Self-Coup being hatched by palace insiders?

This is the last of three revelatory pieces about this issue on the impeachment of Chief Justice Renato Corona. 


Don't be fooled--yes, Corona has his own sins to account before the Filipino People and if this trial is all about morality, Corona probably has failed to prove his innocence. However, if the Palace plan is true, that Carpio is to be appointed as his replacement, then, the cure is worse than the perceived problem of a Chief Justice whose loyalties, according to Malacanang, lie with the previous dispensation.


Carpio's ascension to the Highest judicial post will cement the CVC's position as the biggest and most influential law firm in this country. With so many clients having so many cases filed before the Highest Tribunal, a Carpio-led Supreme Court will further damage the integrity of this institution. If you notice, ever since Carpio ascended this Court, there has been a slew of flip-flopping incidents, merely of construing the law not based on its spirit nor of judicial experience, but dispensing cases based on frivolous rationale that favors Big Business interests.  Carpio enjoys a higher rating of trust than Corona because of PR. Corona's perceived closeness with the Arroyos is like a curse. What the public doesn't know is the fact that Corona knows what the Carpio gang is planning, being his former colleagues, and Corona believes that a Carpio-led Court would actually be detrimental to the entire legal community.


The solution is radical---ask both gentlemen to resign or retire. Then, make the appointment of the Chief Justice open to the public. Ask the academe and civil society to take part in choosing the next Chief Justice. If this is not accomplished, then, these things which were revealed to me by an old legal practitioner are entirely validated. 


What is disturbing about these revelations is the fact that some palace insiders are actually trying to invite mischief in the equation. Malacanang wants to solve its problems thru extra-constitutional means. A palace source, very close to this writer, says that this administration actually wants Corona's group to move against Malacanang thru a coup so that Aquino would be able to dissolve government and replace it with a more favorable one. The simple reason is try to circumvent the Constitution, because a revolutionary government is the most practical way of changing the Charter without going thru the tedious process now stated in the organic law.


Malacanang is inviting mischief, specifically to equip it of extra-constitutional powers. The plan of creating a revolutionary government is one of the options being toyed upon by Aquino. This is actually okey if Aquino's plan is really to cleanse the government. But, we know better. 


This is entirely a power struggle not in the name of the Filipino People but in the name of the Firm. Don't be fooled by propaganda. Yes, Corona has his sins. He needs to explain so many things. That's why he needs to be replaced. Nonetheless, the cure that the Palace wants is unacceptable. 


Hence the call--to normalize the situation, the call should be the resignation of Corona and Carpio. If Malacanang really wants change, it should also ask Carpio to resign. 



Fraport, Corona and Carpio and the Impeachment

The Fraport deal was just one of many projects undertaken by the Firm. Yet, this one was the one which broke the camel's back so to speak. Many in the industry says this Firm earned double--they got money from their client and they also tried to get at least $ 20 million from Fraport. Worst, they were perceived to be playing both sides.


That is the worst sin ever committed by a legal practitioner. 


Back then, Executive secretary Renato Corona was in a quandary. He is very close to Antonio Carpio, one of the names who built CVC Law and Pancho Villaraza. They both came from Ateneo. They are both ambitious and tenacious. They want to be on top. 


Corona felt that he has to side with Right, and the right thing to do back then was to isolate the Arroyo administration from the Firm. The severage of ties between the Arroyos and the CVC partners were publicly announced. What the public perceived back then was the Firm was severing its ties because of the numerous anomalies entered into by the palace. The resignation of Avelino Cruz as defense secretary was perceived to be an attempt by the Firm to distance itself from alleged anomalous AFP deals. The truth is, it was the Fraport deal that really caused the rift between the Arroyos and the Firm.


The Firm's tentacles were really so deeply entrenched within the Philippine bureaucracy that several of Arroyo's closest associates made that move to distance themselves from the unpopular regime. The Firm, after distancing itself from Arroyo, really never actually stopped dealing with the regime. Some of them stayed with Arroyo, acting like close friends but in truth, really snooping for information that the Firm could use against the First Couple.


Corona was hurt when this thing happened but because he was very close to Gloria Arroyo, he did not abandon the regime. Corona stayed put, mindful even of the decision of the Arroyos and several people about the Firm and Carpio.


The decision for Corona to become Chief Justice was actually accomplished to spite Carpio. If Corona serves the entire length of his term as Chief Justice, that will only give Carpio several months before he himself retires from government service.


This is why several administration people want a term-sharing agreement between Corona and Carpio. If Corona manages to survive this and stay on as Chief Justice, and eventually the palace appoints Carpio as his replacement, Carpio only has a few months to stay as Chief Justice before he himself retires from the service. This will not serve the interests of Malacanang. 


Why? Several cases are still pending before the Supreme Court. An adversarial court will affect most of these cases, specifically those involving several personalities within the Aquino administration. 


Likewise, several cases involving the Cojuangcos are also pending before the Court. 


Corona is really in a tight fix. If the impeachment court decides to vote now, he will face defeat. The Firm has very strong ties with several Senators. 


Yes, Corona has his sins, but these pale in comparison with those committed by his adversaries. Worse, the people whom the palace wants to install in the Supreme Court owe their allegiance not to the Filipino People, but to the Firm. 


If, at all, President Aquino really want reforming the judiciary, he may probably just call for the resignation of all sitting justices and make the appointment of justices be the duty of a collegial body, composed of civil society, people's organisations, and legal bodies, and not a prerogative of Malacanang. 


Aquino's fate also hangs in the balance here. If he succeeds on toppling Corona, and appoints Carpio as his replacement, he risks a revolt here. 



Saturday, March 10, 2012

The Corona-Carpio Squabble Started Because of Fraport

"It's all about the money", says a newly met friend who happens to be very close and very intimate with two great and opposing powers in the Judiciary---the impeached Chief Justice and his known rival, Justice Antonio Carpio. I will not reveal his name, nor the circumstances of our meeting except to say that he is one man out to redeem his soul. He, an Atenean, is a man who wants to correct the wrongs of the past and help this country move forward.


Shortly after talking to him, it dawned upon me that any successful revolution requires one singular mission---to rid the entire system of malevolent legal minds who condon evil acts and exercises none of the morality that makes the law majestic in the eyes of the people.


President Aquino is right at one point and wrong at another--yes, it is entirely true and necessary for those who want change to get rid of misfits in the judiciary. But, if this campaign of Aquino's is solely due to a goal to get rid of people within the judiciary who does not ascribe nor pay homage to Aquino's most preferred law firm, then, Aquino's straight path is as crooked as another's.


Understanding what is happening right now in the judiciary requires an earlier review of what had happened to the triumvirate that built the CVC--or what is known as the Carpio, Villaraza and Cruz Law Offices (now known as Villaraza, Cruz Marcelo and Angcangco). If Marcos has his ACCRALAW (Angara Abello Concepcion Regala & Cruz Law Offices), the new powers who supplanted him, has theirs--CVC Law.


In every administration in this country, there is always a law firm behind it, dominating the scenes, influencing policy especially appointments in government. Fact is, the practice of law in the Philippines is not just about solving crimes or punishing the guilty, but it is more of lobbying, especially in corporate law. 


During the turbulent Marcos years, the ACCRALAW dominated the scene by influencing the former dictators' actions especially appointments. ACCRA was the most sought-after law firm during that time because of its strong reputation as Marcos legal buddies.


Marcos was deposed, but ACCRALAW survived and even flourished during the post-Marcos era. ACCRA produced some of the best Senators around, including one, Senator Ed Angara. ACCRA eventually returned to what its original mission statement is--to be the country's top law firm, not the country's top political operators.


That enviable role, of being political operators and lobbyists, shifted from ACCRA law to CVC law, the firm built by several lawyers who started their careers at ACCRA.


In the 1980, a few years before EDSA 1, some lawyers from ACCRA founded CVC. The CVC had respectable clients back then, but they mattered little compared with other law firms. The firm had to wait for 1992 to become what it wants--the most sought after law firm in the country.


Carpio, one of the senior partners, was privileged enough to be neighbours with Fidel V. Ramos, who was then Chief of Staff of the beleaguered Cory Aquino. The CVC law firm helped Ramos in his presidential campaign. When Ramos won, he appointed Tony Carpio, one of the stalwarts of the firm, as his Chief Legal Counsel.


It was during Ramos' time that the "Firm" initiated the biggest operation ever--with Carpio leading the charge in appointing RTC judges. The CVC grew in astronomical numbers during this time, powered by their strong influence and proximity to Ramos. 


It was at this time that members of the firm met Renato Corona, who served as Assistant Executive secretary for Legal Affairs of then president Ramos. 


While the CVC law firm took care of Ramos, incidentally, one of the firms' partners, Avelino Cruz was also close to Mike Arroyo, husband of Senator Gloria Macapagal-Arroyo, who was then, being pump-primed to become President. It was said that the CVC LAW FIRM was able to raise funds for the senatorial candidacies of Arroyo, even, as some say, funding her vice presidential run.


It is not a coincidence though that most members of this law firm took a very active role in diminishing and eventually, ousting former president Joseph Estrada. When Arroyo took power, she got Carpio and Cruz with her.


Avelino Cruz became defense secretary while Carpio assumed his old post as legal counsel. Eventually, Carpio became justice of the Supreme Court.


Corona stayed with Gloria Arroyo as Executive secretary before he was appointed to the court as associate justice and eventually, Chief Justice. 


The JEC deal


The JEC deal was the first MULTI=BILLION PESO CASE that involved CVC. Due to the anomalous nature of the contract, two former presidents refused to sign it. After this came the highly controversial PEA-AMARI deal. Yet, the most controversial and could be the one that eventually affected the relationships of several partners of the firm and their "external associates", was the Fraport deal.


Let me published a portion of the report on Fraport here. You ask, why do I say that this deal eventually broke the strong bonds between the Carpio Villaraza group and of the impeached Chief Justice? 


It was said that one of the associate justices right now was the one who asked Fraport to pay US$ 20 million bribe money to Pancho Villaraza, one of the senior partners of the firm.


The Piatco deal thus had many of the same defects as the Jancom garbage collection contract. That didn't stop the Supreme Court from deciding the other way on the Piatco case. Where it said in the Jancom case that procedural lapses, even violations of laws, could be disregarded if the government and the other party reached an agreement, the Supreme Court said in the Piatco case that the defects in its contract automatically rendered it null and void. 
The CVC law firm represented Asia's Emerging Dragon Corp, the original proponent of the BOT project, which lost the bid contact project to Piatco. However, many businessmen and lawyers are convinced that this could not have been the reason the Carpio group worked against the Piatco deal because the high court initially suggested that the government renegotiate with Piatco. 
Fraport alleged that the reason for the Supreme Court decision was Fraport's refusal to pay a $20 million bribe to Villaraza, plus $50 million to buy out its original Filipino partners in favor of three businessmen who are close to President Arroyo. 


What the public did'nt know is the fact that there was some money which went around, ostensibly not which came from the Germans, but from a losing bidder who contracted the firm to be able to reverse the decision favoring Fraport. That facilitation money was not given to the intended parties but was kept by one of the firm's leading personalities. 


This person, according to my friend, was severely criticized by members of Arroyo's gang of misfits during her administration, so much so, that it led to the eventual break or severage of ties between Arroyo and the "Firm". 


During Arroyos term, a meeting was held ostensibly to discuss the fate of this person, who now ascends the rungs of power. It was discussed there that he be meted the most severe penalty---he will not be given the power to become Chief Justice. 


Impeached chief Justice Renato Corona, a dear friend of this person, defended him before the Arroyos. Corona held this person of high regard being a colleague during the administration of Ramos. 


Now, surely, in this administration, this person eventually regained his stature and his former firm's top billing as the most influential law firm behind the Aquino administration.


The firm, according to several sources, got the President's good graces because the firm gave  a presidential brother-in-law, a job as chairman of a firm. Likewise, it was said that part of the campaign money used by the Aquinos during Noynoy's 2010 presidential campaign came from this group.


The firm, again according to my friend, has one singular mission---to be able to tell Mrs. Arroyo and its detractors, that the initial plan not to give the Chief Justice post to a former senior partner of the firm, will not materialized. The Firm, according to sources, is hell bent on destroying Corona and lift the "curse" so to speak, that former Arroyo associates put out against this associate justice.


The firm is flexing its muscles and is relying on the high popularity ratings of this president. However, the more this firm does their thing, the riskier it is for this president. 


Is the President willing to sacrifice his political capital just to give way to the whims and caprices of his political financiers and buddies?

Yes.

The very fact that this President will even use "People Power" to get rid of Corona, who now takes a very contrari stance against the firm, is a firm proof that this President wants to go the distance and in exchange for what? It's really a 10 billion peso question.

Hacienda Luisita. The president's relatives are asking for ten billion pesos as compensation. Plus, there are other projects supposedly being handled by the Firm which are now waiting for either the president's signature or the High Court's decision.

This is not a tussle between the Chief Executive and the impeached Chief Justice. This is a monumental fight between two big Atenean heavyweights---those who were previously aligned with the Firm and those with the Firm. This is not a fight for clean government nor a fight against graft and corruption, no.

Yes, Corona may be as corrupt as any other, but for this President to supplant him with an equally malevolent Spirit, is something more detestable and equally unacceptable.

This power struggle is turning off eventual investors. This power struggle is really disappointing simply because this administration is using the "pro-Arroyo" bogey like how the military has used the red scare in crushing insurgencies. 

This administration has not been exactly forthright with its intentions of really cleansing the bureaucracy. It does so under pretentious circumstances. 

The wheeling dealing has to stop. The influence of this firm in the government should also stop. Let the People be mobilized to get rid of this malevolent Spirit embracing the government officials inside the palace.

Oust Corona, Oust Carpio and every single one in the judiciary that has previous associations or links with the Firm. Let the judiciary be truly cleansed of misfits by ridding itself of so-called influence peddlers like those of this Firm, according to my friend.

Of course, this Firm will never back down. It has the resources. It has the strong links. 

" The only language these people behind the firm knows is simply force. They use force to wiggle their way to power. Let force then be used to bring down this malevolent Spirit that afflicts wounds within the judiciary with their immoral and evil ways, and all will go back to normalcy"

" The firm is used to being a bully. But, if you fight them back, they will recoil like a snake, wait for several weeks, and strike you back. The only way to kill the snake is to kill its head. And God knows, the time has come to hit the head, strike this snake and expunged it from our lives. God lives as a Just God. The time will come when this malevolent Spirit will go back to where it came from---the pits of hell."

Instead of a people power against Corona, let People Power bring down this malevolence so that peace will eventually reign, and morality in governance and in dispensing justice be corrected.

By the way, who swore Senator Loren Legarda as senator? See this picture---it is none other than Associate Justice Antonio Carpio, who, some people say, salivates the Chief Justice post. 











Thursday, February 16, 2012

Corona's dollar deposits are inherited and are investments

The opening of the SALN affects not just Atty. Renato Corona but the entire elite groups working inside government. This move harms the entire bureaucracy because people now working in this government would find it extremely difficult to hide their true wealth.


Anyway, I heard from reliable sources that some, not all, of Corona's accounts were inherited. That even if the prosecution prys it open, and scrutinize the details of the deposits, they will conclude that these were not ill-gotten but were products of industry. Corona is not as poor as other government officials who worked their way up by being operators. 


As I see it, the prosecution has not really established culpability yet, and is on the verge of giving up. However, this administration is hell-bent in sacrificing its own political capital just to achieve what it wants---replace Corona with Carpio.


Carpio is not a saint as well, so if we want a better judiciary, we might as well, appoint someone there who is not politically tainted. 

Monday, December 12, 2011

Philippine Supreme Court Chief Justice Renato Corona impeached

It was as fast as I finish drinking my Cravings coffee. Or, like what another lawyer said, it was faster than a quickee.


Philippine Chief Justice Renato Corona is officially impeached, that is, if the Lower House is concerned. As of this writing, 188 Congressmen have signed the impeachment complaint against Corona. This is the second such instance where a Constitutional head was impeached, the first was, of course, former president Joseph Estrada. 


Since the number of legislators exceed the Constitutional requirement, the impeachment complaint will go straight to the Senate. According to the rules, it goes straight to the plenary. It is now up to the 23 members of the Upper Chamber whether or not to affirm the findings of their counterparts at the Lower House. 


For sure, today's spectacle at the Lower House beats all impeachment tries in both substance, form and speed. In the case of Erap, prior to the submission of the impeachment papers to the House, the case filers had to court the majority of the legislators first before any move was made. 


ERap's minions fought a bitter fight and were defeated in the end. In Corona's case, he probably did not know what really hit him. His impeachment was undertaken albeit silently and stealthy by his enemies. What Corona knew was he was just being verbally attacked by the President, unknowing that those statements and calls were already signals from the Executive to his legislative allies that the gauntlet has been set and Corona's head ready for the cutting.


What is sure is that the Executive, more than ever, has displayed a rather sophisticated political strategy never before seen in Philippine political history. They outmaneuvered the cunning Arroyo by letting her stage managed her attempts at getting out of this country, thereby exposing herself in the end and infecting with her sins, the very head of the Judiciary. 


Corona will go down in history as the very first Chief Justice impeached. He may actually not be the only Chief Justice with the shortest stint---another one enjoys that distinction.


Surely, Corona will actually make a mark in Philippine history as the only Supreme Court Chief Justice who wasn't able to use his pen to bring down his enemies.


And his fate was already sealed by him when he personally corrupted the Court with his dogged allegiance to his principal. Corona heaped it upon himself when he tried to protect the very image of corruption in this country, the most despicable symbol of immorality and Constitutional prostitution, now a humble yet cunning inmate of  the State. 


Now, what I'm worried about is the sure political maneuverings will lead to the appointment of a former Arroyo stooge in the personas of Justice Antonio Carpio and even former Sandiganbayan Marcelo.


I advise President Aquino to come with clean hands but impeaching even Carpio and annointing somebody as Chief Justice without any tinge of debauchery nor dogged allegiance to the former and existing powers, and attributes his success as a student of law from his own steadfastness, professionalism and allegiance to the Majesty of the Law. 


Lastly, let is be said that this day marks the day when we are faced with the distinct opportunity of really smashing the institutions of old, and the rebuilding of our damaged institutions based on the principles of God, Country and The Filipino Family. 

Impeachment against Chief Justice Renato Corona done deal

A source of NPR says there is at least 105 Congressmen who will sign the impeachment papers against Chief Justice Renato Corona. And mind you, three of these 105 Congressmen belong to the minority block.


This is the final nail in efforts to dismantle the Arroyo regime, which, for nine long years, have enslaved us and have created a disfigured society injured by fits of megalomania, and abuse of power.


Corona's puppy like attitude was fully exposed when Arroyo asked the Supreme Court to grant her the right to travel. That motion was granted by the Supreme Court but was never implemented by an Executive Branch which had the courage to stamp its foot down.


Enough of constitutional buffonery! Enough of using the powers of one's office to dignify the immoral! Enough of using the law to perpetuate power and enslave the People.


Corona, by the looks of it, deserves impeachment.


The only thing that I am deathly afraid of is the eventual ascendancy of The Firm to the Supreme Court.


Remember that another Justice, Justice Antonio Carpio, was once a very staunch defender of the former president. IT was only when Nonong Cruz, partner of Carpio, decided to detach himself from Arroyo as defense secretary, did the Firm formally ended its romance with the Arroyos.


The firm, mine you, enjoyed more than five years in power with the Arroyos. 


Who will benefit from Corona's fall ? Obviously, it's Carpio and former Ombudsman Simeon Marcelo, stalwarts of the Firm which is now closely linked with President Aquino.


I hope this does not happen because if it does, then, it exposes what many believe this administration is---a savage wolf in sheep's clothing, or a gang who is trying to project that they are different from Arroyo, when in truth and in fact, they are the same group with the same insidious designs against the Filipino people.