Manny Villar should resign or retire

Which is more important to a Senator? Be the servant of the Constitution or try and save his hide and get a lid to cover his stinking deed? These things probably are in the mind of Senator Manny Villar.

Villar just got the nod of the Supreme Court to ask the Senate to defer the trial of his ethics case. His contention is mostly based on technicals and what Villar managed to do is try to stay the hand of the Senate. The Supreme Court asked the Senate to "answer" the Petition for Injunction of Villar. The SC did not issue a TRO and instead, asked the Senate to answer the petitioner. As a co-equal branch of government, the Senate may or may not follow what the SC said but out of "courtesy", they must do so.

Villar just said some days ago that the ethics trial will not muster enough votes to either expel him or reprimand him. For Villar, it's all a numbers' game. For most Senators, especially those who consider the integrity of the Senate as an institution, it's about honor and obeisance to the Constitution.

The evidence against Villar is overwhelming. Villar violated the Constitution by not divesting his interests in his companies and he also admitted gaining a fiduciary interests in some government projects---two things expressly prohibited by the framers of the Constitution due to the principle of conflict of interests.

Villar never denied that he has substantial interests in Adelfa Properties nor in Vistaland. IN truth, he's even proud of this. What he does not know is he's turning into an embarassment especially among his peers because it should have been incumbent upon him to know that his continued stake at these companies makes his position as a legislator on shaky grounds.

Right now, Villar does not have the moral high ground to even question any erring government official nor any person accused of graft or collusive practices because, he, himself, is being accused of an ethical matter. What, then, is the use of Villar as a senator? He cannot now function effectively as a Senator of the land because he, himself, is accused of a crime and moreso, his reputation has now been sullied beyond repair.

Manny Villar should vow to the will of the People. He should resign before the Senate renders judgment against him, if there is still some shame left in him.

Estrada's Run & Its Implications

Former president Joseph Estrada is definitely running for the presidency in 2010. He says that the prohibition stated in Article VII Sec. 4 of the 1987 Constitution does not apply to him. It states, and I quote:

" The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end at noon of the same
date six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time."

If you look closely, this provision has two closely linked concepts. The first sentence tells of the term of a president, which is six years. The second and third sentences express a prohibition for that president to run for re-election. That provision, however, has a qualification. It says that that president should have served for "more than four years" before such an expressed prohibition should be applied.

In Estrada's case, the Supreme Court says that Estrada's term was cut short due to his "constructive resignation". Estrada served as president only for three years; therefore, according to his legal counsels, he did not complete his full term. Hence, the expressed prohibition for re-election does not apply to his case.

Eligibility requirements are expressed in Section 2, Article VII of that same Constitution which says that:

" No person may be elected President unless he is a natural-born citizen of
the Philippines, a registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of the Philippines for
at least ten years immediately preceding such election."

Now, under our jurisdiction, the only ones not eligible to run for any public office are those barred by law with a perpetual disqualification which emanates with the commission of a criminal offense. In Estrada's case, he was charged with plunder, which, under normal circumstances attaches a perpetual disqualification.

Yet, Estrada was pardoned by Mrs. Arroyo. That pardon, according to numerous cases in the Supreme court, is absolute, not conditional. Hence, Estrada's political rights were restored effectively with that pardon. (By the way, the issue of whether that pardon was absolute or conditional remains a question. Some quarters say the pardon was conditional, with a proviso that Estrada cannot run for any elective or political office. Others say, its absolute, which means all of his political rights were restored.)

The question now before us is this---what other issues on disqualification will the Supreme Court raise to prevent an Estrada run?

Two things I see: First, they may rule that perpetual disqualification applies to Estrada's case since he was charged with plunder. That pardon did not extinguish it. Though this may render previous Supreme court decisions in opposition, the Supreme Court could spring a "surprise" like what the Davide court did in issuing that "constructive resignation" ruling.

Or, the Supreme Court may also render Estrada uneligible due to a case pending before him. However, this is also impossible since perpetual disqualification applies only to cases rendered final by the Highest Tribunal.

Now, granting that there is really no legal impediment for Estrada to run, what other things will his political enemies do to deter his second dig at the presidency?

Well, a citizen may question his eligibility to run by filing a case before the COMELEC. That would at least prevent his name from being included in the list of contenders---for some time--if an injunction is filed. That case would probably go to the Court of Appeals and straight to the Supreme Court. By then, it would have been lack of time before the Supreme Court may issue a ruling.

This now presents a very serious security problem, and presents a very dangerous effect in the overall conduct of the 2010 elections.

Since there is a pending case before the Supreme Court, Estrada's name will not be included in the list of candidates for the election. What if, for example, the Supreme Court issues a ruling a few days before May 10, 2010, that will effectively create chaos and confusion among the electorate. COMELEC may have to print new copies (ballots, list of candidates etc.) and distribute these to thousands of precincts. Of course, the Supreme Court cannot rule after the elections since that will render the ruling moot and academic.

In the interest of public welfare and prevent chaos, the Supreme Court will have to rule the matter "with haste." "Haste" means either 30 days before the elections or it may mean 60 days before it. Whether the SC rules either 30 or 60 days prior to May 2010, it would still give COMELEC a big headache, insofar as printing and distribution of new election paraphernalia is concerned.

Re-printing of new copies would now open the system to possible cheating. Election operators may use this confusion to their advantages by getting these new copies and use them to cheat.

Estrada should think very hard about this. It is about him. It is about the entire security implications to the elections that might happen should he tempt the Fates and throw his hat unto the presidential derby.

RP Chief Justice Puno calls on the moral force against Gloria

Former Sandiganbayan justice Diosdado Peralta is now a member of the Philippine Supreme Court. This validates earlier opposition statements saying that both justices who found former Philippine president Joseph Estrada guilty of plunder will be appointed by Mrs. Arroyo to the Supreme Court, as a reward for their obedience to the current occupants of Malacanang. Congratulations, Mr. Peralta! You deserve it. Or, do you?

While this is on-going, Chief Justice Reynato Puno has called upon all Patriotic forces to launch or spearhead a moral revolt. In his interview yesterday, Puno said that what we need is a moral revolution. Very true! What would be the scenario should Puno finally agree to head the caretaker government that is poised to replace Mrs. Arroyo's graft ridden one? Remember that anti-Gloria forces were toying with the idea of Puno heading the replacement government should the revolt succeeds? Some sectors favor Pampanga governor Ed Panlilio.

Will Puno succeed against the nefarious forces of Arroyo? Only time and God will tell.

Chief Justice Puno to lead New People's Revolt?

Seems like we are, indeed, under a revolutionary situation. Think about this, my friends.

We have been deprived of knowing the Truth. Justice has been elusive, examples are efforts at subverting the Supreme Court and recent debacles encountered by the Justice Department. And peace, oh, it's as elusive as those comets in the sky.

Truth has been stripped and raped. Lady Justice is not just blindfolded, but bound by sinister forces. And peace torn into smithereens.

Justice has now grounded to an indefinite halt. Is this cleansing process a move to prepare a favorable justice system post-Gloria? Is Gloria and her minions too paranoid that they are using this occasion to populate the Department of Justice with their favorable yes-men? Is that the reason why the President called on all prosecutors to take a hike?

Amidst this frenzy and noise, the President has just appointed her man to the Supreme Court. Bantay Korte Suprema was taken by surprise. Will the Supreme Court Chief Justice be the next to be sidelined? Maybe. Yet, the attempt could backfire since Puno enjoys the support of many sectors, including the Makati Business Club (MBC).

Or, maybe, just maybe, these underhanded tactics would force the Chief Justice to throw his hand in the presidential derby? Or lead the revolt which he so shunned before?

The Philippine judiciary is being attacked. And the defenders of democracy are preparing themselves for a showdown with the hawks and Machivellis hiding behind the puny dress of Mrs. Arroyo.

Useless Pursuit of Nothing

Some senators just did a Walk for Truth. They did it yesterday, Araw ng Kagitingan. The Senate just filed an appeal before the Supreme Court after the Highest Tribunal castrated their powers on the issue of executive privilege. Reports say its an attempt to regain whatever image the Senate has after that disastrous and highly-political decision.

The question is--so what? Why do quarters insist on this issue when everybody knows that GMA was behind the deal? Why do they need a Neri when everybody knows that he does not have the balls to go against Gloria? For most Filipinos, this probe is finished. The truth has come out. GMA and her ilk are so full of themselves and so into graft and corruption now that even the very stocks of rice are now being manipulated to satiate their greed.

I say to everybody who wants change---move forward. Fight against greed. Fight Gloria in the battlefield where she claims to have succeeded--economic front.

Former US federal reserve chief Alan Greenspan just declared that the US is under recession. And everybody knows what this recession will do to us. This would further worsen our already lamentable economic state.

Food shortages will mark the remainder of GMA's term, as what Joey Salceda announced before the media a few days ago. These artificial shortages will continue because government is still helpless against these big-time rice traders.

However, I would like to commend the National Bureau of Investigation for "inviting" 3 big-time rice traders for questioning in their office. This is a bold move. This is a commendable one. I praise the NBI for making such a move. However, I would want sana to see at least one or two big-time rice trader JAILED immediately since these ones are the real anay of society that we, the people, want punished.