Our concept of Right is being changed by technicalities

Our society right now is like a fragmentation grenade, ready to be thrown and explode. However, this continuing fragmentation of our society is benevolent, simply on the basis that the core of fragmentation rests on the moral principle of what is right and what is wrong.

The sad thing however is the concept of right is slowly being reconfigured by the technicalities of the law. What is wrong is that right is always being defined based not on the collective will, but on the whims and caprices of a select few whose authority rests on their inherited wealth and prestige rather than the purest principles and definition of Right.

For example, a particular official merely reported a 3 million assets value in his SALN when his true worth is ten times bigger. The right thing to do is accuse this person of lying and immediately kick his arse out of government. The wrong thing is tolerate this person's act and allow him to occupy his post of power.

What is Right is now being slowly reconfigured to be able to accept certain explanations as regards to wealth. The reason why only a fraction was reported was based on the individual's interpretation of Rights, which, in all purposes, is supreme over collective will. Wrong. In a democracy, collective will is always supreme over the individual. It is only in matters of criminal prosecution and labor rights do individual rights reign supreme over collective will. The very act of not disclosing is already a violation of the oath taken by the person when he accepted the challenge of serving government. What is being changed is the perception that this non-disclosure is an accepted practice and does not affect the integrity or honesty of the person who filed the SALN.

Valentine's day wishes

It's Valentine's Day and for many, this is a time when every single one scampers to the nearest restaurant to treat someone special. What are my wishes today?


Well, I wish that President Noynoy Aquino sees the light of day and stops himself short of turning into a Big Business puppet. I mean, come on, don't lie to us, that government is helpless in stemming this rise in fuel prices. Don't tell us that you're useless in stopping the rise of food prices. What is government for? 


I wish that those who counsel Noynoy realize that they are not in power forever. That several years from now, they, along with their chuwawas, will also hit paydirt. That said, they should always think of doing the right things for the people. The people are their masters. Having said that, they should always do the right thing eventhough it'll hurt their businesses or the interests of their friends.


I wish that every single government official realizes their frailty, and they being human. Realising our limitations forces us to re-consider certain decisions or actions that harm others. Example would be, plucking that flower in a public park. It may have been a very simple thing to do, but in all practical purposes, it's illicit. Imagine hundreds of pesos lost when you pluck that out of its stem. That lost money should have been allocated elsewhere. 


I wish that Chief Justice Corona realizes that the game is over. He lost. When news about his peso and dollar accounts hit the newsstands, people were convinced that he's guilty.It would now be extremely difficult to arrest that popularity slide in the ratings game.


And that PR caper that they did, calling for a presscon and accusing senator-judges of being influenced by Malacanang is an act of desperation. They may have influenced the votation this time, but, they will not get the penultimate and preferred result the next time. As they said, you may have won the battle, but not the war. 

Corona and the elites of the Court may have to decide once and for all regardless of impeachment trial outcome

Shortly after the second episode of the Chief Justice impeachment trial teledrama unfolded yesterday, with the prosecution caught with their pants down, many people who closely watch this says that score is tied--one for the prosecution, and one for the defence. The first day saw the prosecution scoring a few points against the defence. Now, it is the defence turn to score points.

Yes, I do say that the score is tied--if you look at it as a legal analyst and perceive the impeachment court as just a regular court following certain procedures. As a communications professional however, I see things in a communicative-sense, and biases aside, the score really is lopsided in favour of the prosecution.

The prosecution panel may have fumbled, yes, but it does not necessarily follow that they are unprepared, like what the defence wants the public to believe. Yesterday's trial saw a defence panel unwilling to reveal much about their client--something which doomed this trial from the start.

Don't get me wrong---the Chief Justice was once a friend of mine, having been acquainted with him during the tumultuous EDSA dos era. He knows me, having visited him several times in his office at the PICC, and coordinated several things with him during the revolution. My sympathies are with him. I am just looking at this as a normal and ordinary citizen would look at it.

The refusal of the defence panel to adopt an "open door" policy in their defence of the Chief Justice harms their client more. As what Senate president Juan Ponce Enrile reminded both parties during the start of the impeachment trial, this is still a political exercise, albeit, being governed by several legal rules. What the defence should realise is the very fact that although this is a "court", and you might win "legal" points, nonetheless, this court is still a venue meant to help people form their own "perceptions" about the guilt or innocence of the Chief Justice. 

What I mean is, this is not entirely a legal battle, but the battle for the hearts and minds of the people, for the people themselves would eventually decide this through their representatives.

In this battle, actually, the Chief Justice scored one point when he presented himself before the court on its first day. That is a PR coup, by itself. 

However, on the second day, perceptions about his unwillingness to reveal much about his income, and his adamance to open himself up for public scrutiny are things which already harmed him--image wise. 

Yesterday's events also cast doubts on his honesty---something very sacred as far as the viewing public is concerned. The Chief Justice should be made to realise that what he lost during this battle with a highly popular Chief Executive is this thing—trust. Many people don’t trust him and this develops into a perception that he is just a stooge, even a puppy or somewhat acting as a Mr. Clean for former president Gloria Macapagal-Arroyo.

The Chief Justice must regain the trust and confidence of the people. Without it, even if he wins before members of the Senate, the Chief Justice will forever be subjected to intense scrutiny and endless doubts and questions on his integrity and the honesty of his opinions, views and decisions.

Actually, the Chief Justice already lost when the impeachment trial began. When he allowed himself to be subject to the powers of a co-equal branch of government, he effectively allowed another power to acquiesce his. Meaning, even if this ends with him being acquitted of these charges, questions and doubts as to the integrity of the institution which he represents, will forever be in question for as long as he stays in power.

In several interviews, the Chief Justice says that it is important of him to salvage his reputation, and even told his relatives that they should help him in this, otherwise, the possibility of their properties being sequestered by the State eventually exists.

Let the Chief Justice knows that this is not merely an exercise to salvage his personal reputation. This is something beyond him.

When he allowed himself to be impeached, and now subject to the power of the Senate, Corona already compromised the very integrity of the institution he represents. How can the Supreme Court dispense equal justice even to cases where several senators are involved when he now faces them in an impeachment trial?

For example—how will the Chief Justice now decide on the electoral case filed by DOTC secretary Mar Roxas, questioning the win of Vice President Jejomar Binay, when, he already told the public that Roxas is one of the persons prosecuting him and planning on his ouster as Chief Justice? Surely, even now, the public would say that even if he inhibits from the case, and the Highest Tribunal decides not to grant the Roxas petition, how will they justify it, when the very head of the Institution has now been harangue by the Chief Executive and members of the Legislature? Surely, those affected by the decisions of the Highest Tribunal of the land would use enormous weapons to question the integrity of the Court to decide by merely stating that the Chief Justice once decided unfavorably of them or even say that the CJ hates the respondent personally or has a grudge to settle against the respondent?

How then can the entire Supreme Court say that they are impartial when they decide on several cases involving the Chief Executive and say, corporations or individuals?

What Corona faces right now are questions on the integrity and credibility of the Supreme Court, now compromised by his unwillingness to step down.

Eventually, this institution would have to face this choice---spare the institution from further damage to its credibility and integrity by convincing Corona to stand down and resign; or utterly destroy this hallowed institution by allowing a mistrusted personality to sit as court inter pares. As what I say, the longer this trial goes, the more this institution will suffer from lack of integrity.

Predictions in 2012: the Battle of the Extremes

The first half of this new year will be exciting, that is politically. Remnants of the old regime will continue to get it. Former president Gloria Macapagal-Arroyo and her minions will be subjected to extreme hardships due to the numerous cases filed against excesses they committed while in power. This group will try to resist, but as they do, they will spend monies. However, without a legitimate people's organisation backing them up, these efforts will be for naught.

Arroyo will spend the rest of her political life behind bars. Her only option is a military one, something very risky to her and her backers. In exchange, Arroyo will try to launch a media-oriented campaign to at least neutralize the government's attacks, but she will eventually fail.

A coup remains an option especially if Arroyo and her backers feel that they are being pushed against a wall. Success however, remains unknown. The AFP continues to solidly back the administration of Aquino.

Palparan remains one of the biggest security threats against this administration, because of three factors: one, Palparan enjoys the support of several big players in the mining and construction business in Northern, Central Luzon and Mindanao. Second, several groups within the AFP who are staunchly anti-Communist remain supportive, albeit, in secret. Third, Palparan has a wide grassroots based organisation which is scattered throughout the archipelago.

Two issues will hug headlines come the first half of this year---the impeachment of Corona and the Palparan manhunt. The first will hurt the legal profession while the second will hurt the sensitivities of several military men who remain staunchly anti-Communist.

Pro-Arroyo groups are counting on the impeachment trial of Chief Justice Renato Corona to change things. Things will change if these groups launch a non-traditional campaign, something alien to those who handle the media campaign of these groups. A traditional PR campaign will fail against a very strongly supported government.

Corona’s impeachment trial is a political one, something which requires a campaign that is expected to generate tremendous people’s support. Analysing their current positions, Corona might be able to break the elite groups, but will find it extremely hard to shift the masses’ perception towards his side.

Corona might be able to sway the opinions of those in the legal profession, but if the trial goes public, and pieces of evidence presented by the prosecution side be aired and published, and a formidable public impression is created, expect Corona to lose heavy. A Corona loss will lead to the further isolation and diminution of Arroyo's remaining influence and power. Arroyo's loss in the political game will be Aquino's gain come 2013. It is expected that a Liberal party initiated coalition will eventually replace Lakas-NUCD as the most dominant and most formidable political aggrupation in this country come 2013.

If you analyze the situation quite closely, you will find that the political futures of the pro-Arroyo groups and even those groups opposing Aquino due to ideological differences depend on the rise and fall of Aquino's trust and popularity ratings. Even if these surveys do not necessarily reflect the true state of affairs on the ground, the power shakers and brokers believe in them. With this firm belief and the fact that Aquino pushes a strong yet simple ideological agenda that these groups believe, resonates to the masses, it would be extremely difficult for any group to successfully launch an attack against Aquino.

The Corona issue is the not the issue effective enough to counter or even dent Aquino's image and popularity. The image created by the impeachment of Corona has been unassailable since it was first created---an image where the "good guys" in government ae trying to punish the "bad guys"--that is represented by Arroyo and Corona. Pro-Arroyo groups will have to do more in the PR arena to actually change this perception.

Palparan's case however is different. The ex-general has stumbled upon a psy-war issue that resonates to the masses---injustice. Palparan's claim that he is being denied due process is strong. If he continues to play with it, there is a possibility that a military move initiated by him, could succeed. However, it remains to be seen if Palparan's move will eventually result to a coup that will oust this administration from office. Several factors:

• one, is the counter-elite strong enough to face a middle class constituency which makes the majority of Aquino supporters?
• two, is Big Business supportive of a move to oust Aquino?
• three, who in the military establishment right now enjoys the leadership charisma of a Honasan or a Trillianes who is brave enough to get out of their barracks and move against a legitimately elected administration?

If, and when, a coup arises, it will be perceived as a purely political move, inspired by "bad guys" and something like what Arturo Tolentino did a year after the fall of Marcos.

If a move is launched against Aquino, the church is expected to support it. However, the church will be hard put mobilising its forces because most of the big groups within the church are supportive of the Aquino administration. The bishops will probably be very vocal and critical, but in terms of real strength and power, these bishops will actually find it extremely hard to flex their muscles.

The traditional power centers have been effectively neutralised. New ones have sprouted. For a move to be successful, one of at least several of these new power centers would have to split from the ideological coalition forged in the palace and side with anti-Aquino groups, something of a suicide, if i may say so. For example, if the CPP-NPA-NDF suddenly change tack and transforms into an attack dog, the group will eventually be marginalized and left behind. It is best for these groups to continue their critiques while doing political work.

So, expect a political move effected by traditional power centers which have lost considerable territory and voice upon the assumption of this administration. The Church will find it extremely difficult to regain its once formidable political influence.

2012 will continue to be a struggle between traditional forces within Philippine society which have benefitted from years of misrule and newer power blocks formed from the learnings of the past, members of a generation which have realised its enormous political power and more ideologically inclined than those of previous generations. If this conflict becomes public, it will surely be a fight between extremes—from the traditional power blocks and new power centers. 

Dictatorship and efforts at claiming the Courts for the people

Justice secretary Leila de Lima says President Noynoy Aquino is determined to "reclaim the court to the people". Question---who are the "people" that De Lima claims owns the Court?


Clearly, the Constitution says the People is the "Filipino people". So, now, what kind of claim will Noynoy and his political allies do? 


De Lima did not elaborate. This opens this issue to doubt. How can the Executive claim the Court, when in the Constitution, the Court is definitely independent of the Executive?


How will the Executive claim what is definitely not theirs in the first place? It is not the Chief Executive that will claim the Court "for and in behalf of the People" because theoretically, he is not the only representative of the People. 


Besides, the Chief Executive has a different interpretation of the "people". His people may be his closest allies, those who control major companies in this country. It may be his "people" are those who occupy the palace or his "people" may also be his supporters.


This is problematic, because what the Constitution defines the people is the mass of individuals composing this Republican state. Who has the plurality of voice, but the Legislative?


If someone wants to claim the Judiciary or the Courts, he must do it thru the Legislature, not thru the police powers of the Executive nor thru machinations.


Is De Lima suggesting that mob rule dominates reason or the Law? That is not what Noynoy intends to do. The Chief Executive wants to cleanse the judiciary of misfits like Chief Justice Renato Corona. And there is a process of doing it, and it is thru the impeachment process.


Now, if the Chief Executive fails to see thru with this impeachment, this will boomerang against him---politically.


What this issue right now is doing is giving the political enemies of this administration, a venue and an opportunity to consolidate their forces against Aquino.


Former UP law dean Raul Pangalangan says that efforts right now are directed at Corona and two other justices because, for the longest time, the Court has not exercised what the Constitution calls for, that is, a court with an "impartial judge".


How will the people trust this institution of governance when the very head of this branch of government, thru his overt acts, shows his partiality and total dogged allegiance to the former dispensation?


Chief justice Corona is not fighting for the independence of the Supreme Court, no. He is fighting for his political survival. He is agitating people and trying to portray the Court as "unassailable".


The Supreme Court has no real power, except those given by the people. It is the people's trust and confidence that fuels or makes its decisions "unassailable". It is the people's trust that makes its decisions acceptable.


If the Supreme Court, in its litany of decisions, always side with a clique in this society's elites, then, it cannot claim to be oppressed when the very same decisions that make it as it is, are the same ones that condemn it?


Who then is the dictator here? The one who wants nothing more than save the Judiciary from its present rut so that the confidence and trust of the people would be restored?


Or someone who wants nothing more than make this Court always hallowed ground for those who robbed the people of billions and prostituted the very voice of the People?