I challenge Agra to wear black today

I challenge Justice secretary Alberto Agra to wear black today, even just to prove that he has no dandruff. If he wears his favorite color, which is orange, then, so be it. At least that's the color of the shirt he will be wearing once the term of this administration ends by June.

Agra should be ashamed for what he did, and to think that he was once a law professor of the Ateneo.

How could alibi be used to fully extinguish culpability for a crime? Alibi is a very weak defense tactic. In People vs. Mosquerra (G.R. No. 129209, August 9, 2001), the Supreme Court ruled that:

Accused defense of [sic] alibi is not worthy of belief. It has been repeatedly ruled that alibi is a weak defense as it is easy to concoct and fabricate. It become weaker in the face of the positive identification of the accused by an eye witnesses [sic] with no improper motive to falsely testify. More, it is not sufficient for the accused to alleged [sic] that he was away from the scene of the crime at the time of its commission. He must also present a clear and convincing proof that it is physically impossible for him to be at the locus criminis while the crime is in progress. That physical impossibility is not present in this case. The records show that Jimmy Mosquerra's residence is about one and a half (1½) kilometers away from the crime scene. . . . Its distance could be negotiated in just a few minutes only, especially, when one uses a motor vehicle which is of common use for travel today.

Nothing is more settled in criminal law jurisprudence than that denial and alibi cannot prevail over the positive and categorical testimony of the witness. Denial is an intrinsically weak defense which must be buttressed with strong evidence of non-culpability to merit credibility. Alibi is an inherently weak defense, which is viewed with suspicion and received with caution because it can easily be fabricated.For alibi to prosper, appellant must prove not only that he was at some other place when the crime was committed but that it was physically impossible for him to be at the locus criminis at the time of its commission.

Agra, as both Solicitor General and DOJ secretary at the same time, should probably know this--that alibi is not an affirmative defense.

What is most surprising is this---former Justice secretary Raul Gonzales was even the one who provided ARMM governor Zaldy Ampatuan his alibi by saying that the accused was inside Malacanang palace while the crime was being committed in Datu Shariff Aguak town in Maguindanao.

In a conspiracy, the conspirators can actually be in some other place while a crime is being committed. For example, in this case, there is a higher probability that the masterminds of the crime were simply not there when the crime was committed. Conspiracy, in Philippine jurisprudence, is defined as an act committed by a band who, conspiring together, committed a crime. According to court records, Ampatuan is one of the conspirators. And being accused of such, the only possible and strongest reason for his acquittal is simply an affirmative defense, meaning, it should be proved beyond reasonable doubt that Ampatuan was never even there or he did not even know the plan of his other relatives against their political enemy.

I doubt it if Zaldy did not even know the plan to cause harm against the Mangundadatus. As a government official, it is the responsibility of the person who heard or know of some conspiracy to report such to the authorities. Zaldy should have been at least held liable for not acting on an information which he probably knew or received prior to the commission of the crime. And since this will still be heard before a court of law, at least Agra should have given the victims of the crime some latitude knowing that the crime was committed by a group of people, not by one individual.







In People vs. Bulasag (GR. no. 172869, 28 July 2008), it is ruled that:

Imelda's Jewels and Raul Gonzales

It came like lighting. And former Justice secretary Raul Gonzales had, indeed, fallen from the good graces of Malacanang.

After declaring that the 15 billion peso worth of seized pieces of jewelry were owned by former First Lady Imelda Marcos, Raul's decision was immediately assailed and reversed, the very same day the former justice secretary penned the favorable "midnight" decision.

Clearly, what Gonzales' replacement, Agnes Devenadera did was a public rebuke of Gonzales.

These pieces of jewelry, which the Presidential Commission on Good Government (PCGG) seized and declared as "property of the government", were part of three big suitcases which the Marcoses left behind when they hurriedly left Malacanang in 1986 and those seized from them in Honolulu. In an Inquirer research, it consists of the following:

The jewelry collection of Imelda Marcos consists of tiaras, necklaces, watches,
earrings, bracelets of rubies, emeralds, jade, gold pieces, diamonds and pearls
made by Gucci, Van Cleef and Arpels, Bulgari and Philippe Patek, among other
jewelers.
The Presidential Commission on Good Government (PCGG) has classified the collection into three—Malacañang, Honolulu and Roumeliotes.
The Malacañang collection, composed of some 300 pieces, was left behind by the Marcos family in the Palace when they fled the country on Feb. 25,1986.
The Honolulu collection, around 400 pieces, was confiscated by US customs officials upon the arrival of the Marcos family in Hawaii on Feb. 26, 1986.
As indicated in the US customs inventory completed on March 10, 1986,the most expensive item in the Honolulu collection was a “set of bracelet, earrings and brooch with sapphires, rubies and diamonds” amounting to $1.49 million. (At the time of the US customs inventory, the exchange rate was $1: P25).
In exchange for the dropping of antiracketeering charges filed against her in the United States, Imelda signed a compromise agreement in 1991, and a Honolulu court finally turned over the collection to the Philippine government on Dec. 18, 1992.
The Roumeliotes collection, considered to be the most expensive of the three, was confiscated by airport and Philippine Customs officials on March 9, 1986 from Greek Demetriou Roumeliotes, as he tried to flee the country.
Consisting of 60 pieces, the collection’s most prominent piece is a 37-carat diamond. Cases related to this collection went all the way to the Supreme Court but were decided in favor of the government on May 18, 1994.
The PCGG has possession of the first two collections and they are kept in the vaults of the Bangko Sentral ng Pilipinas. The Bureau of Customs has custody of the Roumeliotes collection.
In 2006, the Sotheby’s and Christie’s international auction houses estimated the entire lot (the three collections) to be worth P15 billion.
The government tried several times to sell the jewelry to raise money, but court cases and disputes over the venue prevented the auction.
In 1994, the PCGG tried to sell the jewelry but was unable to work out the terms with international auctioneers, Christie’s of New York and Sotheby’s of London. Another attempt was made in 1996, but it did not materialize.
In 2005, another attempt was made, but Imelda asked a Manila court to issue an injunction against the auction, claiming the jewelry belonged to her, with some pieces being family heirlooms.
In May 2009, the PCGG announced once again its plan to auction off a huge cache of Imelda Marcos jewelry, with PCGG Commissioner Ricardo Abcede noting that there was no legal impediment because Imelda had been unsuccessful in getting the courts to issue a restraining order. Lawrence de Guzman, Inquirer Research.

Veteran street parliamentarian and former political detainee Etta Rosales disclosed that there was already a decision to house all these pieces of jewelry in a museum and some to auction. It was therefore, unusual that after years of litigation, a legal technicality suddenly came out from the justice department, favoring the Marcoses.

Clearly, it was a "midnight deal". And Senator Aquilino Pimentel Jr. wants a probe to determine why DOJ Secretary Raul Gonzales issued that highly controversial decision favoring Imelda Marcos and assailing the PCGG, a co-equal agency of government.

Raul Gonzales has been accused by another Senator, Ping Lacson, of getting a commission from the legal disputes of Lucio Tan and his brother and committing an omission when he bungled his job in the Dacer-Corbito case.

Some sectors believe Gonzales' action was part of Malacanang's "fund-raising" activities for 2010. With Devenadera's act, however, it was clear that Gonzales was on his own when he made that glaringly injurious decision.

Maybe Gonzales has not forgotten his Marcosian links. Remember that Gonzales started his career in public service as a member of the censors board of the Marcos regime. Or, probably, Gonzales thought of raising funds for himself, like what he did when he played as "counsel" to two warring brothers, some wagging tongues say.

Transition government, GMA-style with Teodoro as New Prexy

National security adviser Norberto Gonzales is at it again. He just gave a piece of his deranged mind when he again advocated for a transitional government that has the support of the military. He says that it's not good to proceed with the 2010 elections without first correcting the flaws of the system.

He may be right and I share his beliefs but I don't know if he realizes how stupid that proposition is if he says that Mrs. Arroyo heads this transition government. It's like saying that, yeah, we create a transition government to rectify the errors we made during the past nine years with the same people who created those errors as head of this government. Bull.

A transition government can only be good provided that everyone in the GMA administration, leaves their offices and go on an exile. And that includes BertGon.

Some quarters believe that the GMA administration will push the envelope by convening the Lower House into a Constituent Assembly by August. By that time, they will be well prepared.

The most effective strategy for oppositors to do is just let it be and ignore it. That'll be the strongest expression of disgust against con-ass---ignoring these scumbags and let them commit a patently illegal and immoral act. That is not to say that we will totally be complacent and just sit idly by while the winds of authoritarism blow us to the dark ages. No.

What we are saying is---let's prepare ourselves for the worst case scenario and be on guard against these illegal moves meant to justify a regime extension. Fr. Joaquin Bernas likened our situation with that of 1973 when former strongman Ferdinand Marcos rammed us with a fully infirm 1973 Constitution. Should Mrs. Arroyo and her henchmen do something similar to us, we should approach it differently.

Some sectors believe that Mrs. Arroyo's allies just want to change the provisions to spark a constitutional anomaly. That will only be a constitutional anomaly if someone from the opposition questions it before the Supreme Court.

I say, do not even try to file a case before the Highest Tribunal. The strongest opposition to this is just ignore it. Let them push this issue to its brink while we prepare our strongest countermeasure which is People's Power.

By the way....

There are talks that the Arroyo regime right now is split along ideological lines. One group pushes for a Teodoro-led government while the other one tinkers with term extension. Last night's birthday party of Teodoro saw several Cabinet members toasting their wine glasses together with the birthday boy. Signs that should the worst comes, they'll be a Teodoro-led transition government? Possible? Yes, it is.

Some are talking that, if the forces of change went pass the critical mass and closes its doors behind Mrs. Arroyo, the most logical alternative is a coup within the Arroyo regime.

Remember Mrs. Arroyo's speech last week urging for unity of forces? That speech is reportedly directed to some members of the Cabinet who are thinking of isolating and abandoning Mrs. Arroyo and replacing her with Teodoro.

A Teodoro-led transition government would solve a problem like Mrs. Arroyo and would allow her to go scot-free along with her relatives. It's verified that Mrs. Arroyo and her husband, the First Gentleman and big-time operator Mike Arroyo are scared shitless on the possibility of spending their retirement years in jail. That's why they're willing to spend millions just to assure themselves of a quiet time post-2010. However, most, if not all, are reluctant to strike a deal with her. Only Teodoro wants her to leave the palace unharmed.

So a transition government with Teodoro's generals initiating it, is sure to provide an alternative for Mrs. Arroyo and her enemies. And they are poised to do just that come August of this year should protests against charter change reach critical mass.

Senator Ping Lacson and the alleged compromise in Dacer-Corbito case

There is buzz going around on the alleged compromise agreement entered into by Senator Ping Lacson and the Arroyo government in relation to the Dacer-Corbito case. Today's edition of the Philippine Daily Inquirer issued a denial from the good senator. Yet, the buzz still goes louder each and every minute.



The story goes that the senator reportedly agreed on withdrawing his bid for the presidency in exchange for supporting whoever will be the administration bet come 2010. People believe it since there's a precedent already---the reported P 200 million peso compromise agreement allegedly entered into by Senator Ping Lacson last 2004 elections. Lacson reportedly received this huge amount of money as a "campaign fund" to run against Fernando Poe Jr., the anointed opposition candidate.



And coffee shop habitues insist this is true and part of the recent agreement daw is the replacement of Raul Gonzales as Justice secretary.



Bull.



First, Raul Gonzales, as some highly placed sources in Malacanang told Patricio Mangubat, has intimated his desire to leave the office of the Justice department since late last year. Gonzales' son suffers from a sensitive illness and needs immediate theraphy and medication. Furthermore, Gonzales is slated to run for the mayoral post in Iloilo (as reported earlier in this site). He needs to prepare for his bid.



Mrs. Arroyo decided to replace Gonzales with Agnes Devenadera to further strengthen the Dacer-Corbito case. If you will recall, Devenadera is no stranger to handling controversial cases involving the Lacson-Estrada group. Devenadera goes straight to the palace and with the domestic problem of Gonzales, he can't really devote 100% of his time in the case.



Second, Gonzales is needed to bolster the legal team of the palace should the opposition or the Senate question House Resolution 1109 before the Supreme Court. If you would recall, Gonzales was part of the original cha-cha team way back in 2006, under the team of former speaker Joe de Venecia (now with the Opposition). Mrs. Arroyo reportedly asked Gonzales to vacate the DOJ post in exchange for spearheading the support team of the palace and Speaker Nograles legal team.



The true reason why Ping Lacson withdrew his candidacy for the presidency is simple---he needs funds to defend himself against the Dacer-Corbito case. Legal eagles say, the case is tight. With the testimony of former friend Cezar Mancao and the additional testimony of Dumlao, Lacson faces a very tough case. This case will definitely drag on even beyond 2010.

Murder Scandal in Ajuy Iloilo

While we gossip on the latest update on this Halili-Kho scandals, which my friend Ding Gagelonia described as "Hayden-gate", let me divert your attention a little bit and talk about a scandal which happened in Ajuy Iloilo. This scandal involves an alleged collusion between a suspected mastermind and those of the provincial prosecutor's office. This despicable travesty of justice happened reportedly with the full knowledge of Department of Justice secretary Raul Gonzales.

Last May 22, 2008, Ajuy Iloilo vice mayor Ramon Rojas was shot and killed by paid assassins in Barangay Central. Rojas was shot nine times in the head and body, at close range. He died on the spot.

Four months later, one of the assassins by the name of Dennis "Totong" Cartagena was arrested. In a six-page affidavit, Cartagena revealed how his group tracked and killed the vice mayor. He also pointed to a certain Vicente "Etik" Espinosa as the mastermind, a first cousin of the victim.

Cartegena swore before Iloilo prosecutor Nora Causing-Española that Espinosa planned the assassination shortly after the May 2007 elections. Espinosa reportedly hatched the plan in his house in Barangay Lantajan. It was only in April 2008 when Espinosa gave the go-signal for the killing of Rojas. Espinosa gave Cartagena and his accomplice, a robber by the name of Edgar Cordero money to track down and kill the vice mayor.

A month after, the assassins received news about Rojas. They saw the vice mayor jogging. They went out and shot the victim close range. They escaped.

Cartegena said he received 30,000 pesos from one of Espinosa's associates as payment for his participation in the murder. Cartagena was the former bodyguard of Espinosa. He drove the get-away motorcycle which the gunman, a certain Edgar Cardero rode after killing Rojas. Cardero was killed in a firefight with policemen while resisting arrest.

With this extrajudicial confession, police amended the murder rap and included Vicente "Etik" Espinosa's name in the complaint sheet.

Five months later, Iloilo prosecutor Bernabe Dusaban issued a resolution flatly dismissing the confession of Cartagena and absolved Espinosa allegedly due to "weak evidence".

Last March, the Rojas family filed a motion to dismiss Dusaban's resolution before the office of Department of Justice secretary Raul Gonzales. It has been two months and nothing was heard about the motion.

Why is Gonzales sitting on the Rojas' motion?

Sources say Etik, also nicknamed the "bulldog", is a very close associate of Gonzales. He served as Gonzales' "strong arm" during the time when he served as Congressman.

Gonzales, as what some Iloilo-based journalists whispered, is running for the post of mayor of Iloilo. Raul Gonzales Jr. is now the incumbent local executive.

Dusaban, by the way, is the lead prosecutor who reportedly exonerated the Balasan boys from drug charges. A motion was filed in opposition, which Gonzales reportedly dismissed.

In the Rojas case, Prosecutor Dusaban is being accused of favoring Espinosa. He reportedly maintains a very close friendship with the alleged mastermind Espinosa and once served as 18 roses in the debut of one of Espinosa's kids.

By the way, Rojas is just the first politician whom Espinosa planned to kill. Espinosa, Cartegena revealed, reportedly plotted to kill Ajuy Mayor Juancho Alvarez, provincial board member Jett Rojas, and town councilors Pepe Dumayao, Pepe Baterna and Punong Barangay Ronnie Banas.

More explosive material very soon...

By the way, I remember one passage in the Old Testament. It goes like this, " an eye for an eye, a tooth for a tooth."

If these allegations are indeed true, and this Etik Espinosa is really involved and violence seems to be his "hobby", he better clean his act altogether because God does not forget and God, the Almighty always task His avengers to exact justice.

Wanted: A New Face of Philippine Justice

Joc-Joc Bolante's Arrival: End of Days for Arroyo?

Jocelyn "Joc-Joc" Bolante, the undersecretary who allegedly masterminded the Fertilizer scam is set to arrive on a Northwest airlines flight on Tuesday, October 28. (this corrects my earlier piece that Joc-Joc has arrived and being held in a villa in Subic). 

His arrival will not be met with an arrest, since according to in Justice Secretary Raul Gonzales' interview, Bolante has no pending case. However, Senator Cheez Escudero asked the Senate to immediately revive the pending warrant for Bolante's arrest for possible plunder.

Question--will Bolante do a Lozada and cause another stir in the political hornet's nest? Or will he parrot the official government line? Such may be the thoughts of the condemned Atenean now that he's a man without a face. 

If I'm Joc-Joc, I would just tell the truth. Why? Will you protect someone who's just a year and a half away from exile? Or even weeks away from exile?

Worst that could happen is if Joc-Joc suffers the fate of Ninoy. That would surely make some fascists in barongs happy. And, martial rule will be served in a golden plate.

Conjugal Fighting

After the bedlam created by the NBI raiding teams at the height of the rice crisis a few weeks ago, we find no similar news lately. Have they stopped their campaign to rid us of those unscrupulous rice traders? Why? Who ordered them to stop?

Gloria has been very persistent in filing cases against these traders. She has, in fact, even gone to the Department of Justice (DOJ) to personally attend to the prosecution of these traders. However, despite "presidential intervention", nothing came out of it. Why? What happened?

DOJ insiders say, it allegedly took one or several phone calls from the First Golfer to stop "the madness". After the raid in a supposed warehouse of controversial lady Vicky Toh and her brother Thomas by an NBI crack team, calls were made and those raids mysteriously disappeared.

As mysterious as these raids was the sudden "reincarnation" of this case against former DOJ Hernani Perez. Gloria's fair-haired boy and confidante, Perez's case suddenly sprung to life as if somebody caused it to happen.

And ironies of ironies...Perez is now being counseled by the First Golfer's chief legal propagandist. Wagging tongues can't help but notice this blatant irony.

So, who's the more powerful now? That lady from the putrid river or that gentleman from the big-time operator world? You tell me.

Ah, talking about the DOJ, that septuagenarian remains the big man out there. That Gonzo seems to have a solid backing from the lady and the gentleman. Why? Well, he serves as the hatchet man. And he's doing quite a feat, what with his glib tongue.

Lastly, why did Ermita agree to be demoted? From being an alter-ego, he's just now, the voice behind the curtain. Why? I have the highest respect for Ermita. Why stay? Why?

Faeldon the lineman

I just heard In Justice Secretary Raul Gonzales asking for an investigation into allegations that Capt. Nick Faeldon served as a lineman for Meralco last November 29. Yes, the good soldier escaped allegedly posing as a lineman.

Well, I'm not surprised. With the low pay of soldiers nowadays compared with the millions being showered to their officers like Esperon, I am not surprised if Faeldon moonlights as a Meralco lineman. Or even a bill collector. Imagine, if you're a bill collector, you'll have thousands of pesos in your hands everyday. The only "threat" to your life probably comes from the dogs. Those wads of dough can probably buy a few handguns or maybe an M-16? That could be used for a coup, right Mr. Gonzales?

Hey, I heard that aside from being a lineman, Faeldon also worked as a balut vendor, a fishball vendor and a Bayantel Wireless Landline seller. Yes, he actually was a BAYANTEL Landline seller.

I have a challenge to Raul Gonzales---Mr. Secretary, are you sure that Dana Batnag is not Faeldon in disguise?Maybe you should call Dana and have her gender checked? Maybe she's Faeldon?

Have you checked maybe priest killer Norberto Manero is the renegade rebel soldier? They seem to look alike, except maybe for the hair? Ah, with photos of him sporting a killer hairdo, the most logical for Faeldon to do is shave everything off.

I bet that Faeldon is just out there somewhere. I heard from a reliable source that he's enjoying his life as palos. Yes, Faeldon is Palos. This should give Gonzales a cause to go to ABS-CBN and look for Faeldon.

Or maybe Faeldon is healing priest Suarez in disguise. They look alike right?

We are at war? Really?

In Chief Presidential Counsel Sergio Apostol's mind, we are in the state of war. That's why the palace needs to extend Esperon's term. Ah, this is new.

Only Apostol thinks that we are at war since he works in a besieged administration. Working for Arroyo makes everybody paranoid. That's why Apostol is again, making a fool of himself.

A declaration of war can only be done by Congress. Since there is no law or resolution declaring war against the MILF and the CPP-NPA-NDF, technically speaking, we are not at war. For if we are, then, why the hell do we have peace talks with the insurgents. If this is the official palace line, then, its time to say to our brothers in the MILF to declare jihad. Why? Because this government is just trying to fool them, making double talk while preparing for war. Likewise, I would like to encourage the CPP-NPA-NDF to undertake full preparations since peace talks with this government will lead to nothing. The Palace is under a state of war.

Apostol is my kababayan. But, I don't admire him one bit. Like In Justice Secretary Raul Gonzales, Apostol represents the worst kind, the most humiliating figures in Philippine history. However, I thank God that we have such people as Apostol and Gonzales. It makes us realize that we indeed, need change.