CJ Sereno’s Ouster

April 13, 2018 Leave a comment

RRoy’siPadCJ Sereno’s ourter
Ronald Roy — April 13, 2018

Impeachment is a quasi-judicial process of removing from office certain government officials for culpable violation of the Constitution, breach of public trust, treason, bribery and other high crimes. It’s a political enterprise engaged in by congressmen acting as prosecutors, and senators acting as judges.

It is “political” in the sense that the people are represented when their congressmen and senators do their impeachment chores, the technical appreciation of evidence being the concern of the legislators, not their constituents. It would thus be advisable for the solons not to succumb to the pressures of public opinion, lest they be later critiqued for “trial by publicity”.
The lower house
An investigation of the Complaint in order to determine if it is “sufficient in form and substance” is done by the justice committee of the lower house and, if so affirmatively determined, the same is forwarded to the house’s plenary assembly for deliberation to determine probable cause of the charge or charges therein contained.

Then, if such probable cause is ascertained by 2/3 vote of all the house members, the respondent is declared impeached, and the Complaint and Articles of Impeachment are then forwarded to the senate. The senate may then convene itself as a court in order to try the impeached respondent. The senate president will preside.

We, the “body politic”, now stand in the throes of three impeachment proceedings, one against Chief Justice Maria Lourdes Sereno, i.e. in the possible dismissal of the Quo Warranto Petition, another against Commission on Elections Chairman Andres Bautista, and maybe a third against Ombudsman Conchita Carpio-Morales. We worry about some of the pending legislative agenda being sacrificed, given what the trials would likely result in a great loss of time and money.

The Complaint against Bautista was actually dismissed by the House Justice Committee for “insufficiency in form”; but reportedly this decision could still be overturned by a third of all the members of the House.

The Corona impeachment
The 2014 impeachment of the late Chief Justice Renato C. Corona dragged for over four months in an atmosphere of perceived vendetta in the hands of then Pres. Noynoy Aquino, and under a cloud of doubt that an exoneration would result despite what many saw as a trial by publicity.

However, this writer does not intend to dispute this point. Corona was removed from office on a vote with only three dissenting, period. Respect is given to any vote resulting from a constitutional process, and this writer’s disposition here is one of hope that the citadel of impeachment will staunchly safeguard our wobbly democracy, with specific reference to our electoral and justice systems.
Based on the protocol adopted in three previous impeachment cases held in this country — i.e., versus Pres. Joseph Ejercito Estrada, CJ Hilario Davide Jr. and CJ Corona — please permit this writer to tick off a few random matters appurtenant to the conduct of and decision-making in impeachment trials, as follows.

A majority vote of all the ITC magistrates is required to convict a respondent in a decision that is final and executory. The Supreme Court may or may not entertain questions of law brought to it for resolution. An acquittal or conviction shall not bar a criminal or civil case against the respondent.

Impeachments are devices that can be used for foul reasons, like vendetta, as in the Corona case, or replacing the respondent with another person who would be subservient to those who wish him removed from office — and we might really never know what it was. But whatever the unsavory reason, if any, we must accept the ITC’s decision and move on with the great hope that the impeachment exercise was not in vain for democracy.

Impeachments, our big hope
In relatively recent years, our country has seen three impeachments, with another two or three coming up. That can be very embarrassing, of course, but we can still draw consolation from the thought that…bunglers that we are in the science of governance…we’re determined to do things right to heal an ailing democracy.

At this point, we can only shudder at the seriousness of a possible impeachment trial against CJ Sereno. Beyond the entertainment it will provide via radio, TV and print coverages, public concern must focus not only on the removal of of the chief justice who is generally seen as unfit for her position, but also on the strengthening of the high court once she is found guilty.

All this of course becomes moot and academic in the event of a generally expected nullification of her appointment in the Supreme Court.

As an aside, it may be concluded that Sereno will have no one but herself to blame for her humiliating exit from the high tribunal…no thanks to her lies, offenses and cocky deportment.

09186449517 musingsbyroy.wordpress.com
ronald8roy@yahoo.com

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Her Way

April 4, 2018 Leave a comment

RRoy’siPadGloria Macapagal Arroyo’s presidency hit rock-bottom as it ended on June 30, 2010 when she yielded the baton to successor Benigno S. Aquino lll. It had been sliding down steeply as scuttlebutt rose damning her of having cheated front-running presidential candidate Ronnie Poe in the previous elections. She was accused of electoral sabotage, plunder, and graft and corruption, but she was eventually exonerated of all of them.

Today, she serves her constituents in Pampanga as their honorable lawmaker in the house of representatives. With my highest respect for the lady, hereunder is my 2009 lyrical spoof patterned after the melody of My Way.

HER WAY

AND NOW THE END IS NEAR FOR GMA AND ALL HER COHORTS / WITH CHARM AD WILY PLOYS SHE BREACHED THE LAW TO CLING TO POWER / SHE STOLE A MILLION VOTES BY PHONING UP SOMEONE CALLED GARCI / OH NO DONT YOU BELIEVE THAT SHE WAS SORRY.

REGRETS SHE NEVER HAD FOR DOING WRONG TO GOD AND COUNTRY / SHE DID WHAT SHE DARED TO DO AND SAW IT THROUGH WITHOUT COMPUNCTION / SHE PLANNED EACH CHEATING COURSE EACH SNEAKY STEP FOR HER BETRAYAL / WE CRINGED AT HER BEHESTS THAT WERE SO FINAL.

YES THERE WERE TIMES SHE SURELY KNEW THAT SHE BIT OFF MORE THAN SHE COULD CHEW / BUT THROUGH IT ALL THERE ALWAYS WAS A SYCOPHANT WHO’D TAKE THE BLAME / WITH BORING GUILE SHE’D THEN PROCLAIM IT WAS NOT HER SHAME.

SHE KEPT A LOT OF NAMES THAT LITTERED UP HER SECRET PAYROLL / FROM GOONS IN UNFORM TO ALL OF THOSE BOOT-LICKIN’ “TRADPOLS” / AND WOW SHE DID ALL THAT AND WE MAY SAY NOT IN A SHY WAY / AND HECK THIS BRAZEN WRETCH SHE DID IT HER WAY.

WE’VE ALWAYS KNOWN ‘TWAS RONNIE POE WHO WON THE VOTES IN MINDANAO / SHE BROKE THE RULES AND MADE US FOOLS SHE’LL SURELY LEARN CRIME DOES NOT PAY / THE CURTAIN’S DOWN FOR GMA WHO DID IT HER WAY.

Her Way
by Ronald Roy
December 4. 2009

Peace Talks???

April 1, 2018 Leave a comment

RRoy’siPadPeace talks???
Ronald Roy — March 30, 2018

I bumped into a former senator as I was stepping out of a restaurant, and hereunder is my reply to him on what I thought about a resumption of peace talks with local Commie insurgents.

Well, why not? “Hope springs eternal”, as the cliché goes…but with a caveat, of course. The Reds are tricky, and they are often insincere and deceitful. When the strongman was ousted over 30 years ago, we thought the rebellion was ended with revolutionary Pres. Cory’s grant of general amnesty.

Instead, this insurgency has gathered momentum with foreign logistical and manpower support…and there is no evidence that the rebels are ready to abide by truce terms. Ergo, conventional wisdom says they will again violate the conditions of truce with their usual acts of double-speak and violence.

Traditional peace talks fail unless…
However, my opinion goes beyond the matter of resumed peace talks. Traditional peace accords, once concluded, will still fail unless the conditions of POVERTY are eradicated, and this can be achieved only after we shall have lived through a moral regeneration program of twenty years.

And our failure to mount this program explains why we have the longest-living rebellion on record — close to half a century. Digressing a bit, if we do not stop our immoral and corrupt ways within a generation of twenty years…ask sociologists…we will be headed for the same fate that befell Sodom and Gomorrah. But that’s another story: Man’s ultimate chapter on his mortality.

Yes, “tough times call for tough solutions”; so then, Digong the maverick has come to stoke unconventional measures with the support of 80% of the population…and yet we hear the usual noise of his critics who would insist on traditional methods that have not worked at all!

Maverickism, better than democracy?
Hmmm, methinks that although these “tradpols” quietly see the merits of Digong’s maverick ways, they are poised to attack him at every turn. And they would even brazenly commit treason by virulently denouncing him on the world stage…all in the name of their so-called democratic rights, like that to free expression, and that to get back on the political saddle!

Apropos to these rights, this writer recalls Winston Churchill who once said that “democracy (was) a terrible system, but nothing else (was) better”. How correct he was, indeed, since the rights in a democracy are invoked by its very enemies. Come to think of it, would not “maverickism” be a better system of political governance?

Peace offers
The problem at hand is quite simple. When Davao City Mayor Rodrigo Roa Duterte became our president, he opened the doors of reconciliation with the Reds by giving them four cabinet posts. Then he offered leading jailed Commies safe-conduct passage so they could join their leaders for peace negotiations abroad.

As the talks progressed in Norway, rebellious New People’s Army elements pulled off ambuscades in the countryside back home, killing countless civilians and soldiers, not to mention their filching of the victims’ money and personal belongings. As a result, the President stopped the talks, only to later order them resumed “to give peace a chance”.

Is the peacemaker a patsy?
Then what happened? Was it a surprise that another round of ambuscades would take place? OMG, when do we realize that tolerance ceases to be a virtue when the peacemaker becomes a patsy of his own making??? Well, opposition leaders had better realize that Digong the maverick is no patsy.

Give peace a chance by resuming the peace talks??? For another close to half a century of insurrection, of bloody enmity, hatred and disunity among brothers??? Oh no, not for Digong the maverick — he who intends to bring rebels down to their knees before the Law, even if it means dying in office to do it!!!

Why don’t the President’s critics instead give his unconventional ways a chance…for a change? After all, the discretion to end the peace talks is his under the Law.

Yes, they have miscalculated his determination to achieve peace within the legal ambit. They have become the very enemies of peace by using media pressure to project him as a dictator who is bent on crushing all forms of opposition.

But these critics will not succeed because they do not employ the principle of responsible opposition, which is: to criticize the administration whenever it does wrong, and to applaud it whenever it does right.

0918 644 9517 ronald8roy@yahoo.com
musingsbyroy.wordpress.com @ronald8roy

Peace talks???

April 1, 2018 Leave a comment

RRoy’siPadPeace talks???
Ronald Roy — March 30, 2018

I bumped into a former senator as I was stepping out of a restaurant, and this is my reply to him on what I thought about a resumption of peace talks with local Commie insurgents.

Well, why not? Hope springs eternal, as the cliché goes…BUT, with a caveat, of course. The Reds are tricky, and they are often insincere and deceitful. When the strongman was ousted over 30 years ago, we thought that the rebellion was ended.

Instead, this insurgency has gathered momentum with foreign logistical and manpower support…and there is no evidence that the rebels are ready to abide by truce terms. Ergo, conventional wisdom says they will again violate the conditions of truce with their usual acts of double-speak and violence.

Traditional peace talks fail unless…
However, my opinion goes beyond the matter of resumed peace talks. Traditional peace accords, once concluded, will still fail unless the conditions of POVERTY are eradicated, and this can be achieved only after we shall have lived through a moral regeneration program of twenty years.

And our failure to mount this program explains why we Filipinos have the longest-living rebellion on record — close to half a century. Digressing a bit, if we don’t stop our immoral and corrupt ways within a generation of twenty years…ask sociologists…we will be headed for the same fate that befell Sodom and Gomorrah. But that’s another story: Man’s ultimate chapter on his mortality.

Yes, “desperate times call for desperate solutions”; so then, Digong the maverick has come to stoke unconventional measures with the support of eighty out of a hundred Filipinos…and yet we hear the usual noise of his critics who would insist on traditional methods that have not worked at all!

Maverickism, better than democracy?
Hmmm, methinks that although these “tradpols” quietly see the merits of Digong’s maverick ways, they are poised to attack him at every turn, going to the extent of committing treason by virulently denouncing him on the world stage…all in the name of their so-called democratic rights, like that to free expression, and that to get back on the saddle!

Apropos to these rights, this writer recalls Winston Churchill who once said that “democracy (was) a terrible system, but that nothing else (was) better”. How correct he was, indeed, since the rights in a democracy are invoked by its very enemies…or…is “maverickism” a better system?

Peace offers
The problem at hand is simple. When Davao City Mayor Rodrigo Roa Duterte became president, he opened the doors of reconciliation with the Reds by giving them four cabinet posts. Then he offered leading jailed Commies safe-conduct passage so they could join their comrades for peace negotiations abroad.

As the talks progressed in Norway, rebellious New People’s Army elements pulled off ambuscades in the countryside back home, killing countless civilians and soldiers, not to mention their filching of the victims’ money and personal belongings. As a result, the President stopped the talks, only to later order them resumed “to give peace a chance”.

Is the peacemaker a patsy?
Then what happened? Was it a surprise that another round of ambuscades would take place? OMG, when do we realize that tolerance ceases to be a virtue when the peacemaker becomes a patsy of his own making??? Well, opposition leaders had better realize that Digong the maverick is no patsy.

Give peace a chance by resuming the peace talks! What??? For another half a century of insurrection, of disunity, of blood and hatred among brothers??? Oh no, not for Digong the maverick — he who intends to bring rebels down to their knees before the Law, even if it means dying in office to do it!!!

Why don’t the President’s critics instead give his unconventional ways a chance…for a change??? They forget that the discretion to end the peace talks is his under the Law.

Yes, they have miscalculated his determination to achieve peace within the legal ambit. They have become the very enemies of peace by using media pressure to project him as a dictatorial “war freak” bent on crushing any and all forms of opposition. In this regard, attention is called to the wily ways of the yellow newspaper, the Philippine Daily Inquirer.

0918 644 9517 ronald8roy@yahoo.com
musingsbyroy.wordpress.com @ronald8roy

What now, Sec. Aguirre?

March 17, 2018 Leave a comment

RRoy’siPadWhat now, Sec. Aguirre?
[An expanded version of the blog “What’s the fuss?”]
Ronald Roy — Mar. 17, 2018

What’s the fuss? No need to get so riled up! It ought to pacify you to know that drug lords Peter Lim and Kerwin Espinosa were neither exonerated nor absolved, because only a court can do that in a final judgment. What we have is a mere recommendation that they be cleared of drug-related criminal charges for lack of that kind of evidence that merely amounts to “probable cause”, id est, not proof beyond reasonable doubt.

A special panel of state prosecutors, previously created by Department of Justice Sec, Vitaliano Aguirre ll to handle the high-profile case, had as early as December last year completed its examination of the evidence with the finding that the evidence was “weak”.

Beware the ides of March
Come on, guys, you are merely looking for probable cause, and you say the evidence that you are the children of your parents is weak? Gosh, don’t you know that people are now saying that you either return to law school or return the money…or both? “Beware the ides of March” must be the aphorism the President may now be mulling against you…and for good reason!

No, Digong won’t take this one sitting down. You have just torpedoed his anti-drugs war by making it appear that he goes only after “small-time” drug-users and pushers, but not after the big fish who have the means to escape the dragnet by making everybody financially happy. He will soon roll your heads, rest assured.

Remember, as the Chief Executive of the Executive Department, he enjoys supervision and control over the entire cabinet. He has the power to ignore your recommendation and, forthwith, issue an order for a new investigation without breaking the rule on double jeopardy; and if, per chance, the justice secretary shall already have issued an order of dismissal based on the questionable recommendation, the President can motu propio rescind the same.

Coarse effrontery
Yes, Gretchen (Yap), I agree that a most shameful aspect of the recommendation is its coarse effrontery to the Senate Blue Ribbon Committee before which Espinosa and Lim had admitted under oath their criminal drug-related activities. The “recon” has impudently ignored the committee’s finding of criminal accountability on the part of the cited drug lords.

It now looks bad for the panel of state prosecutors, who will surely be hard-pressed to squirm out of graft charges, let alone an administrative complaint for grave misconduct, gross negligence and neglect of duty.

And what about Bato and Aguirre?
Neither is Director General Ronald “Bato” dela Rosa out of the woods, since it was the Criminal Investigation and Detection Group, a unit under the supervision of the Philippine National Police, that had culled the state’s evidence and brought the same to the special panel of prosecutors.

And you ask, Gretchen, what Aguirre has to say about this mess? Well, I’m afraid he has made things messier by saying the special prosecutors might not have committed any error because, in the first place, there was nothing in the law that compelled them to keep abreast of the senate hearings on the largest drug scandals that ever hit the country, hence, their excusable ignorance of the committee’s findings…LOL !

Mr. Aguirre, is there a law that compels us to read about crippling electricity rates or the aberrations of climate change? Tell you what: if you had only been a little more involved in your work, would you not have bothered to remind the prosecutors that the drug lords’ sworn admissions of criminal involvement were the best evidence for the State? What??? You forgot???

Obstruction of justice?
Excuse me, Mr. Secretary, did we hear you right?Why, that is a bit of unexpected curiosity, a shocking one, if we may add, since it makes us wonder how an exalted justice official like you can be so protective of obstructors of justice!!!

That statement of yours was such a humungous boner that people now ask if you’re fit for the job…or if it was a Freudian slip…or the start of an insidious coverup. Sir, methinks you had better do some rolling of heads yourself, lest you be ordered to start packing your things.

You’re asking too many questions, Gretchen, about how justice is obstructed. So, let me just say that justice is obstructed best by lawyers who quietly agree to be financially rewarded at the expense of a poor or not-so-rich litigant…and, in some instances, the magistrate hearing the case is not even a part of the deal.

09186449517 musingsbyroy.wordpress.com
ronald8roy@yahoo.com @ronald8roy

Whew!

March 7, 2018 Leave a comment

RRoy’siPadWhew!
Ronald Roy — Mar. 7, 2018

It’s surely dementia that disables me from recalling the name of the author of the famous query “what’s in a word”…. which is quite apart from William Shakespeare’s “what’s in a name”. Again, if I’m going astray at this point, surely, you should find in your heart the compassion to forgive an octogenarian’s mental lapses.

Be that as it may, it now behooves Pres. Rodrigo Duterte to explain the word “co-ownership” in relation to China’s offer to share with our country a “joint exploration” of oil potentials in the West Philippine Sea. Gosh, only God knows why, again, Digong’s verbal ambiguity has gotten most everyone gasping for fresh air!

And it would seem, in fact, to be a critical state of “gasping for life”, in light of caveats coming from Supreme Court Senior Associate Justice Antonio Carpio and Atty. Jay Batongbacal, Director of the U.P. Institute of Maritime Affairs and Law of the Sea. But certainly, there’s no cause for alarm, tricky Chinese tactics notwithstanding, because Digong isn’t relinquishing our sovereign rights within our exclusive sovereign zone.

What the President merely meant, I think, was an equitable sharing of the fruits of joint exploration — a logical inference that may be drawn from his trademark ambiguity. WHEW !!!

Tax losses

January 26, 2018 Leave a comment

Tax losses.doc
RRoy’siPad