DIE HARD III
Herman Tiu Laurel
2/7/2010
The testimony of one police officer pinning down the principal accused of one of the primary victims’ families (the Dacers) has been debunked by a second round of judicial determination by the Court of Appeals’ Sixth Division — a body that some lawyers say has a very checkered reputation.
That division's judgment was based on its claimed “contradictions” in police officer Cezar Mancao’s testimony, despite the prosecution’s assertion that his initial statements were committed under duress while the final ones were freely and, therefore, truthfully executed. After considering from a layman’s point of view the arguments of both sides, I believe that the court was within bounds to have made that judgment.
Reconsideration and elevation to higher courts by the prosecution will certainly be in the offing; but it’s beginning to look like this murder mystery may just end as a cold case. After all, the defense will simply raise the issue of corpus delicti, which, in the now perfected art of the rubout, will probably never be produced at all.
Some fear that if Lacson is acquitted, the focus of attention will shift to President Joseph Estrada. For a while, I had this concern, too, knowing the many elements that have consistently and indefatigably subjected the former President to character assassination. This is especially true in light of the many US operatives who haven’t forgotten the slight to their country’s hegemony by Estrada’s campaign against US military bases, as well as his rejection of former President Clinton’s demand for a stop to his government’s determined moves against MILF and Abu Sayyaf operations in Mindanao.
For sure, the public mind is one that’s never comfortable with any vacuum. Once left with a Lacson acquittal, it will seek other personages to fill that void. But I have a No. 1 suspect. Not only is he well-connected to police and military assets, but a key piece of information that no one else wants to touch, the revelation of Fr. Baldostamon as told through Bishop Teodoro Bacani’s columns years ago, still rings loud.
Admittedly, the last remaining element that could be used against President Estrada in the Dacer-Corbito double-murder is Michael Ray Aquino. A theory being bruited about says that some forces may be dangling before Michael Ray a possible release from his iron-clad US prison cell for a return to the very slack justice system in the Philippines — provided that he points to Estrada as having given the direct orders.
This is a theory that Lacson himself insinuated in his speeches at the Senate to divert attention from himself at the height of the Dacers’ legal offensives. Lacson’s problem is that few, if any, believe him. To make matters worse, he (of the “Be Not Afraid” fame) eventually absconded, took flight, and gave the impression that he is indeed guilty.
Lacson’s few remaining supporters argue that the senator faced real mortal threat if he chose not go underground. For a while there, Lacson’s fear seemed justified, especially when the specter of his sworn enemies, Gloria and Mike Arroyo (who reportedly spent huge sums to build the case against him), still loomed large.
But what else can the public make today of his continued refusal to submit to the law when there now sits a more Lacson-friendly government? And this, despite repeated assurances from his colleagues, such as Senate President Juan Ponce-Enrile, of his protection under the Senate’s ambit.
Some say that Lacson was just buying time to “settle matters” with the courts. If this is to be believed, then he was clearly successful. But it will take a whole lot more to erase that impression of guilt, if it can be done at all.
Obviously, I am not ready to swallow that latest court decision. I prefer to keep the public wary of the potential of rogue cops who have perfected the art of the rubout and of other rogue police networks continuing to make their pile, exacting revenge, or creating politically-turbulent situations.
The recent murder-cremation of the car dealers is an example. After seeing the illogical pieces of the puzzle — from an inexplicable motive to the apparent burning of vehicles to remove evidence while leaving behind a trail of IDs and the quick link to an identifiable suspect — don’t these all smack of a rogue operation that’s intended to distract and destabilize for a multitude of reasons?
I also prefer to keep the public wary of hoodlums in robes as we’ve had enough of them in the past year alone. All these wouldn’t have been as evident if Lacson never took flight; now we are better informed.
The Michael Ray Aquino threat I have brought up may just be a phantasmagoric fear. After all, it would be his word against the others. Further, admitting to be the most guilty is neither going to be likely nor necessary for him, as dentures can be replicated. So far, it still seems to be a “perfect crime” as there is no corpus delicti. With acid being the preferred “eraser,” the blank space can be easily sketched upon by rogue cops and courts.
Meanwhile, let’s go to the vital issue of the day: Mang Naro Lualhati and lawyer Mel “Batas” Maurico are presenting their opposition to the P92-billion Performance Based Rate (PBR) pricing scheme of the Manila Electric Co. (Meralco) at the Energy Regulatory Commission (ERC) later at 2 p.m. We are mobilizing to present as many consumers at the Pacific Center Bldg., San Miguel Ave., Pasig City in support of their petition — this as Meralco sends lawyers to prop up the ERC commissioners. Please join us. Text me at 0917-8658664 on how to join.
(Tune in to Sulo ng Pilipino, Monday, Wednesday and Friday, 6 to 7 p.m. on 1098AM; TNT with HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, about “ERC, Meralco and Napocor power rip-offs” with Mang Naro Lualhati, lawyer “Batas” Mauricio, and Butch Junia; visit our blogs, http://newkatipunero.blogspot.com and http://hermantiulaurel.blogspot.com)
Monday, February 7, 2011
Friday, February 4, 2011
Systemic corruption
DIE HARD III
Herman Tiu Laurel
2/4/2011
A retiree from the Commission on Audit, with the initials AR, sent me this text after being glued to radio coverage of the AFP (Armed Forces of the Philippines) generals’ “pabaon” scandal: “Ang gulo congresmen cla cla din nagkokontrahan sobra dunong, puro dal2. Cla din tumutulong s dfendant.” (The congressmen are so messed up; they contradict and upstage one another; all they do is talk. They’re even the ones aiding the defendants.)
Then, Myrna (another texter) said: “Mabuhay kayo jorge rabusa, heidi mendoza tulad ng mga bagong katipunero. kayo ang mga buhay na bayani naming mamayan at bansa natin. Tulad nyo naranasan naming ang insultuhin kutyain bombahin ng tubig batutain sa mga rali.” (Long Live…! You are the citizens’ and the country’s living heroes. Like you, we have experienced insults, taunts, water canons, and truncheons in rallies.)
Such feedback from the public only affirms the Tribune’s recent headline, “House panel goes ‘soft’ on ex-AFP CoS.” But the coddling appears not only limited to the House.
Some members of media who are also at it include one who wrote: “On the downside of that Senate hearing were the actuations of Senators Jinggoy Estrada and Antonio Trillanes against Angelo Reyes… They were boorish and seemed more like spoiled juvenile delinquents instead of senators of the Republic. Instead of generating public support for ferreting out corruption in the AFP, they may have unwittingly generated public sympathy for Reyes instead — counterproductive.”
Columnist Billy Esposo, of course, did a little perfunctory criticism of Reyes before attributing personal vindictive motives to the two senators. What he apparently didn’t like was their vigorous cross-examination of Reyes, who was already used to taking the offensive as a way to distract and intimidate, a tactic seen and countered immediately by Estrada and Trillanes.
How can there be any downside when any investigation that ferrets out the truth is worth every minute and every penny of the public? Even in the case of the congressmen pussy-footing on the former chiefs of staff, their dissolute character in action was readily seen by the public.
The fact of the matter is, many legislators sitting in budget hearings or deliberating on appointments or promotions are known to demand favors that range from the facilitated entry of their own protégés into juicy posts to specified amounts as their shares of the “loot” from earmarked funds or projects.
Many of these individuals (mentioned by military officials) are known allies of Gloria Arroyo, including a notorious politician who ran for a Senate seat in 2007 but lost big-time, landing him a most lucrative post in the LWUA (Local Water Utilities Administration).
As we pointed out in our last column, the entire system is corrupt, especially after the Edsa II power grab. Mrs. Arroyo’s cohorts, starting with Esposo’s Copa (Council of Philippine Affairs), and especially those who helped out in the ensuing cover-ups and illegal operations, became virtually indispensable ever since.
We also said that compared to the many other scams in the past decade’s narrative of felonies, Maj. Gen. Carlos Garcia is a small fry. His estimated P300-million loot is certainly small in relation to the scandalous amounts racked by “evil society,” such as the infamous CodeNGO Peace Bonds that netted over a billion in fat commissions, excluding banker’s fees.
It’s also small compared to what certain members of media got in lucrative government directorships that pay out hundreds of thousands monthly even when they hardly have any qualifications to serve at all. Small-time Garcia is, too, compared to the different religious sects, which got their shares either in the form of choice government contracts (such as license plates) or appointments to cash cow agencies or even the courts.
While the nation’s eyes are focused on the AFP, another case of endemic, pernicious corruption, this time by the corporatocracy in connivance with the judiciary, is unfolding.
About a decade ago, Manila Electric Co. (Meralco) reneged on its 10-year supply contract to purchase electricity from the National Power Corp. (Napocor) because its owners had set up their own IPPs (independent power producers) and bought from these at a higher price. Napocor thus sued Meralco for breach of contract, for which the power distributor was fined P12 billion. This amount grew to P20 billion until it was settled at P14 billion, with the caveat that it will be charged to consumers.
Such corrupt shenanigans have gone on for over two decades now with neither the legislature nor the judiciary having ever lent the public a hand.
And Meralco isn’t alone. Another oligarchic firm, Manila Water, has gotten the MWSS, the water regulatory agency, to approve a fresh round of rate increases in the face of a declining dollar which ought to have been a major boon to savings.
But then, in the twisted way that deregulation laws were written, regulatory agencies such as the MWSS have no other choice but to source their funds, including their fat 30-month bonuses, from these privatized utility companies. Is it any wonder whose interests these agencies are working for? Yet after that entire hullabaloo about bonuses during PeNoy’s inaugural address, nothing has been done to curb this basic distortion and conflict-of-interest.
These are the real cases among the countless, ongoing, and all consuming corrupt practices that amount to hundreds of billions annually (P10 trillion in 10 years) that far outweigh the loot of a billion or two by the parade of patsy generals.
This systemic corruption is something that cannot be uncovered by mere legislative investigation. Only a popular awakening can achieve a comprehensive understanding. Only a national political revolution can clean the country of this scourge.
(Tune in to Sulo ng Pilipino, Monday, Wednesday and Friday, 6 to 7 p.m. on 1098AM; TNT with HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, about “ERC, Meralco and NPC power rip-offs” with Mang Naro Lualhati, lawyer “Batas” Mauricio and Butch Junia; visit our blogs, http://newkatipunero.blogspot.com and http://hermantiulaurel.blogspot.com)
Herman Tiu Laurel
2/4/2011
A retiree from the Commission on Audit, with the initials AR, sent me this text after being glued to radio coverage of the AFP (Armed Forces of the Philippines) generals’ “pabaon” scandal: “Ang gulo congresmen cla cla din nagkokontrahan sobra dunong, puro dal2. Cla din tumutulong s dfendant.” (The congressmen are so messed up; they contradict and upstage one another; all they do is talk. They’re even the ones aiding the defendants.)
Then, Myrna (another texter) said: “Mabuhay kayo jorge rabusa, heidi mendoza tulad ng mga bagong katipunero. kayo ang mga buhay na bayani naming mamayan at bansa natin. Tulad nyo naranasan naming ang insultuhin kutyain bombahin ng tubig batutain sa mga rali.” (Long Live…! You are the citizens’ and the country’s living heroes. Like you, we have experienced insults, taunts, water canons, and truncheons in rallies.)
Such feedback from the public only affirms the Tribune’s recent headline, “House panel goes ‘soft’ on ex-AFP CoS.” But the coddling appears not only limited to the House.
Some members of media who are also at it include one who wrote: “On the downside of that Senate hearing were the actuations of Senators Jinggoy Estrada and Antonio Trillanes against Angelo Reyes… They were boorish and seemed more like spoiled juvenile delinquents instead of senators of the Republic. Instead of generating public support for ferreting out corruption in the AFP, they may have unwittingly generated public sympathy for Reyes instead — counterproductive.”
Columnist Billy Esposo, of course, did a little perfunctory criticism of Reyes before attributing personal vindictive motives to the two senators. What he apparently didn’t like was their vigorous cross-examination of Reyes, who was already used to taking the offensive as a way to distract and intimidate, a tactic seen and countered immediately by Estrada and Trillanes.
How can there be any downside when any investigation that ferrets out the truth is worth every minute and every penny of the public? Even in the case of the congressmen pussy-footing on the former chiefs of staff, their dissolute character in action was readily seen by the public.
The fact of the matter is, many legislators sitting in budget hearings or deliberating on appointments or promotions are known to demand favors that range from the facilitated entry of their own protégés into juicy posts to specified amounts as their shares of the “loot” from earmarked funds or projects.
Many of these individuals (mentioned by military officials) are known allies of Gloria Arroyo, including a notorious politician who ran for a Senate seat in 2007 but lost big-time, landing him a most lucrative post in the LWUA (Local Water Utilities Administration).
As we pointed out in our last column, the entire system is corrupt, especially after the Edsa II power grab. Mrs. Arroyo’s cohorts, starting with Esposo’s Copa (Council of Philippine Affairs), and especially those who helped out in the ensuing cover-ups and illegal operations, became virtually indispensable ever since.
We also said that compared to the many other scams in the past decade’s narrative of felonies, Maj. Gen. Carlos Garcia is a small fry. His estimated P300-million loot is certainly small in relation to the scandalous amounts racked by “evil society,” such as the infamous CodeNGO Peace Bonds that netted over a billion in fat commissions, excluding banker’s fees.
It’s also small compared to what certain members of media got in lucrative government directorships that pay out hundreds of thousands monthly even when they hardly have any qualifications to serve at all. Small-time Garcia is, too, compared to the different religious sects, which got their shares either in the form of choice government contracts (such as license plates) or appointments to cash cow agencies or even the courts.
While the nation’s eyes are focused on the AFP, another case of endemic, pernicious corruption, this time by the corporatocracy in connivance with the judiciary, is unfolding.
About a decade ago, Manila Electric Co. (Meralco) reneged on its 10-year supply contract to purchase electricity from the National Power Corp. (Napocor) because its owners had set up their own IPPs (independent power producers) and bought from these at a higher price. Napocor thus sued Meralco for breach of contract, for which the power distributor was fined P12 billion. This amount grew to P20 billion until it was settled at P14 billion, with the caveat that it will be charged to consumers.
Such corrupt shenanigans have gone on for over two decades now with neither the legislature nor the judiciary having ever lent the public a hand.
And Meralco isn’t alone. Another oligarchic firm, Manila Water, has gotten the MWSS, the water regulatory agency, to approve a fresh round of rate increases in the face of a declining dollar which ought to have been a major boon to savings.
But then, in the twisted way that deregulation laws were written, regulatory agencies such as the MWSS have no other choice but to source their funds, including their fat 30-month bonuses, from these privatized utility companies. Is it any wonder whose interests these agencies are working for? Yet after that entire hullabaloo about bonuses during PeNoy’s inaugural address, nothing has been done to curb this basic distortion and conflict-of-interest.
These are the real cases among the countless, ongoing, and all consuming corrupt practices that amount to hundreds of billions annually (P10 trillion in 10 years) that far outweigh the loot of a billion or two by the parade of patsy generals.
This systemic corruption is something that cannot be uncovered by mere legislative investigation. Only a popular awakening can achieve a comprehensive understanding. Only a national political revolution can clean the country of this scourge.
(Tune in to Sulo ng Pilipino, Monday, Wednesday and Friday, 6 to 7 p.m. on 1098AM; TNT with HTL, Tuesday, 8 to 9 p.m., with replay at 11 p.m., on GNN, Destiny Cable Channel 8, about “ERC, Meralco and NPC power rip-offs” with Mang Naro Lualhati, lawyer “Batas” Mauricio and Butch Junia; visit our blogs, http://newkatipunero.blogspot.com and http://hermantiulaurel.blogspot.com)
Monday, January 31, 2011
Radyo OpinYon
Tune in to DWAD 1098kHz from Monday to Friday, 5-6 P.M.
Herman Tiu Laurel, host
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May 17, 2011
Guest: "Linggoy" Alcuaz
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May 26, 2011
Guest: Butch Junia
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June 7, 2011
Guest: Prof. Louie Montemar
Herman Tiu Laurel, host
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May 17, 2011
Guest: "Linggoy" Alcuaz
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May 26, 2011
Guest: Butch Junia
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June 7, 2011
Guest: Prof. Louie Montemar
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