Wednesday, January 29, 2014

Velasco on "Looming Showdown" Inquirer Editorial

Editorial wrong on American in Philippine Congress


Philippine Daily Inquirer

Monday, January 27th, 2014



I am constrained to respond to inaccurate and imprecise matters in the Inquirer’s Dec. 23, 2013 editorial titled “Looming showdown.”

First, the Supreme Court’s June 25, 2013 resolution was decided against Regina Reyes by a vote of 7 to 4, not by a one-vote majority. Second, Reyes’ petition was denied for being without merit. She admitted that the House of Representatives Electoral Tribunal (HRET) has jurisdiction and yet she filed it with the Supreme Court. Clearly, her petition has no merit. Third, imputing bias to the Supreme Court justices who voted against Reyes is baseless and untrue. Fourth, the Supreme Court ruling was based not on a mere blog but on Reyes’ admission that she is indeed a US citizen by virtue of her marriage to a US citizen, and also the Bureau of Immigration’s certification that she is a holder of a US passport. Fifth, Chief Justice Maria Lourdes Sereno explained that the May 14, 2013 Comelec resolution has already become final and hence, the HRET has no jurisdiction. The Board of Canvassers (BOC) was in bad faith when it proclaimed Reyes as it had been notified of the May 14, 2013 resolution. The proclamation of a noncandidate cannot take away the power vested in the Comelec to enforce and execute its decision pursuant to the latter’s power of direct control and supervision over BOCs under the Omnibus Election Code and the Constitution.

Lastly, her proclamation did not trigger HRET’s jurisdiction. The Court ruled that there are three requisites before a candidate becomes a House member: (1) proclamation; (2) taking of oath; and (3) assumption of office. Once met, HRET’s jurisdiction begins. Reyes was not legally proclaimed; the oath she took on June 5, 2013 has no legal effect as my term as congressman ended on June 30, 2013. On June 25, 2013, when the Supreme Court resolved the Reyes petition, the term of House members had not yet started (noon of June 30). And Reyes has not filed any petition with the HRET. Thus, HRET has not acquired jurisdiction over a nonexistent petition.

In ending, it is grossly wrong for Resolution No. 957 to lump the Reyes dispute with the PDAF (Priority Development Assistance Fund) issue. The Reyes case is a private concern between her and me and the House may be unwittingly dragged into a constitutional crisis. The Supreme Court and Comelec resolutions, finding Reyes ineligible as she is a US citizen and a nonresident, are final. The Rule of Law dictates that I should already be recognized as the duly elected House member representing Marinduque.

—REP. LORD ALLAN JAY Q. VELASCO,
Torrijos, Marinduque
Inquirer (pls go to main Inquirer page to Share)

Moves to probe, impeach SC justices won't prosper - Belmonte

Belmonte: Moves to probe, impeach SC justices won’t prosper

MANILA, Philippines - Moves to investigate Supreme Court (SC) justices for various alleged offenses are unlikely to take off anytime soon, Speaker Feliciano Belmonte Jr. said yesterday.
Belmonte said the House leadership has not given any authority to committees to proceed with the investigations into SC justices.
“This is a time where we must focus on the many concerns confronting our people. It is not a time for more impeachment bids that sacrifice vital legislations that need our urgent attention,” he said.
He asked lawmakers to respect the SC as a coequal branch of government “and let them do their jobs as we must do ours.”
He reminded lawmakers of their commitments to the people that they must fulfill.
He stressed there are other more vital issues that should be addressed like rehabilitation efforts post-Yolanda, peace, and social services.
“Our people are impatient for results. Rehabilitation of Yolanda and quake devastated areas are not even fully underway and this amidst issues like that of Meralco and the EPIRA are simultaneously hoisted upon us. We must unite our efforts in support of getting things done and maximizing our time and resources toward this end.”
Belmonte said people see these as more urgent than gathering signatures for impeachment complaints and the time and expense the process involves.
Earlier, House of Representatives leaders said the investigation into the possible misuse of the multi-billion Judiciary Development Fund (JDF) and other lump sums, as well as SC’s alleged encroachment into the powers of Congress were not sanctioned by the Liberal Party and would distract lawmakers from other pressing duties.
Last December, Iloilo Rep. Niel Tupas pushed for a probe by the House justice committee, which he chairs, into alleged misuse of the JDF and other multi-billion lump sums being handled by SC justices.
Backing him were Cavite Rep. Elpidio Barzaga and Oriental Mindoro Rep. Reynaldo Umali.
Umali is also pushing for a separate investigation into what he said was the anomalous SC decision disqualifying Marinduque Rep. Regina Reyes when her case has yet to be acted upon by the House of Representatives Electoral Tribunal.
Barzaga previously told reporters that he saw some indications of misuse of the JDF in the SC’s website.
Umali also railed against the SC decision to declare the Priority Development Assistance Fund as unconstitutional.
Efforts to hold the investigations were widely seen as a means to find evidence to impeach the SC justices. Barzaga, Tupas and Umali were among the prosecutors in the impeachment trial of then chief justice Renato Corona in the Senate.
Critics said the threat to impeach the SC justices was a way to pressure them into declaring the controversial Disbursement Acceleration Program as constitutional.
Umali did not hide his intent to seek the impeachment of SC justices for what he called “judicial despotism” in flip-flopping decisions on the pork barrel funds and encroaching on the powers of Congress.
The lawmaker told reporters that many of his colleagues have expressed support for impeachment of the justices. 
The Speaker clarified he respects the views of other lawmakers on impeaching SC justices for alleged violations of the Constitution, but he said the “greater interest of our people comes first.”
He told lawmakers that it is a time for government to unite for progress and development and set aside differences “that hinder us from moving ahead.”
He said among the priority bills that Congress would like to see enacted are the amendment to the charter of the Bangko Sentral ng Pilipinas, promotion of micro-enterprise development institutions, the implementation of national land use policy, changes to the Fisheries Code by allowing the trade of artificially propagated marine species, and the delineation of forest boundaries.
Other key pieces of legislation in the priority basket of the House are the amendment to the Witness Protection, Security and Benefits Act, institutionalization of pre-hospital emergency medical care system, and direct assistance to local government units. Philstar

Monday, January 27, 2014

Philippine congressional seats not for foreign nationals; Disagree, but not disobey

With Due Respect
Disagree, but not disobey

By 

Saturday, January 25th, 2014





Several congressmen are restive. They are dismayed by many alleged “flip-flopping” decisions of the Supreme Court and are threatening to disobey some of these and to impeach the justices for their “bad” rulings.

Two SC decisions. The lawmakers are especially enraged by: (1) Belgica vs Ochoa (Nov. 19, 2013) that outlawed their Priority Development Assistance Fund and (2) Reyes vs Comelec (June 25, 2013) that upheld a ruling of the Commission on Elections unseating Regina Ongsiako Reyes in the House.

Their rage is articulated by Rep. Reynaldo Umali who, in a privilege speech, labeled the justices as “judicial despots … for undermining [their] coequal counterpart branches of government, both the legislative and the executive…”

He recalled that in LAMP vs DBM (April 24, 2012), the Court unanimously upheld the constitutionality of the PDAF. Yet a year later, he said, it “flip-flopped” and unanimously declared it unconstitutional “in total disregard of the doctrine of stare  decisis…,  forgetting that the judiciary has its own pork barrel system called Judiciary Development Fund…”

Umali also attacked the Court for ousting Reyes after she had been proclaimed winner by the Board of Canvassers (BOC), in alleged disregard of prior court rulings that the proclamation (1) divested the Comelec of jurisdiction to unseat the winner, and (2) automatically devolved such power solely on the House of Representatives Electoral Tribunal (HRET).

Reyes vs Comelec. Readers are familiar with the PDAF decision, but to understand the Reyes case, let us rewind the facts very briefly. On March 27, 2013, the Comelec First Division cancelled Reyes’ certificate of candidacy (COC) for representative of Marinduque. By such cancellation, Reyes ceased to be a candidate.

The First Division held that by her marriage to an American, Reyes lost her natural-born Filipino citizenship and, thus, was not qualified to be a lawmaker. Contrary to her claim, she did not regain her citizenship because she failed to (1) to take an oath of allegiance to the Philippines, and (2) to renounce her American citizenship, as required by Philippine law.

On May 14, the Comelec en banc, voting 6-1, affirmed the First Division’s ruling. The affirmation became final and executory on May 19.

Despite such cancellation, Reyes, whose name was printed on the automated ballot, gathered the highest number of votes, with Lord Allan Velasco placing second. On May 18, the BOC proclaimed her the winner. On June 5, she took her oath of office.

On June 5 also, Reyes sued the Comelec in the Supreme Court, accusing the poll body of exceeding its jurisdiction in canceling her COC. She argued that after she was proclaimed winner, the Comelec lost its jurisdiction over her.

On June 25, the Court, voting 7-4, issued its questioned resolution, penned by Justice Jose Portugal Perez, upholding the Comelec. Later, it denied Reyes’ two motions for reconsideration. It pointed out that under the Constitution, the HRET is “the sole judge of all contests relating to the election, returns and qualifications of [House] Members.”

Thus, it held that the Comelec’s jurisdiction ends and HRET’s begins only after winners become House “Members,” that is, after they have (1) been proclaimed, (2) taken their oath of office, and (3) assumed office on June 30 of the year following their election, when they start serving their term.

Consequently, the Court concluded that the Comelec still had jurisdiction to rule on Reyes’ qualifications when the commission issued its decision on May 14, which became final on May 19.

Clearly, the Court’s resolution was not whimsical or baseless; it had legal and logical moorings; it cited many precedents. So, with due respect, I cannot understand why it ignited a congressional conflagration and fomented threats of disobedience. Criticize, yes; disobey, no.

Rule of law. True, legislators have the right to disagree with the Court. Dissenting justices criticize the majority’s rulings. Journalists do, too. So may any citizen. However, such right is not a license to disobey the Court.

Indeed, we all have the right to disagree, but not to disobey. This is especially true for litigants who seek the intervention of the Court. They cannot refuse to obey on the guise that, in their opinion, the Court is wrong.

I have many times disagreed with the majority when I was an associate justice. When I was chief justice, I persuaded my colleagues to vote with me during our internal deliberations, but I did not begrudge those who differed from us. Now, as a retired jurist, I have critiqued decisions and “flip-flops.” But I have always honored and followed them.

Yes, congressmen may criticize, attack and bemoan. But I respectfully submit that under the rule of law, they are duty-bound to follow the decisions of the Court, whether they agree with these or not.

After all, they are not helpless. They hold the purse, they legislate laws, they have oversight powers, they determine the jurisdiction of courts, and at times, they can even change jurisprudence.

Most important, they can impeach the justices, but only for “culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.” Not for their decisions, opinions or votes, even if these may later turn out to be erroneous.

Marinduque earthquake Jan 27, 2014 1:57:42 AM, 32° W of Boac


Intensity III - Guinayangan, Quezon; Lipa, Batangas
Intensity II - Los Banos, Laguna
Intensity I - Quezon City


Source: PHIVOLCS
European Mediterranean Seismological Center (EMSC) recorded the Marinduque earthquake at M 5.2
Data from Phivolcs:

Date/Time                    :
27 Jan 2014 - 01:57:42 AM
Location                       :
13.56°N, 121.77°E - 014 km N 32° W of Boac (MARINDUQUE)
Depth of Focus (Km)     :
001
Origin                           :
TECTONIC
Magnitude                  :
Ms 4.6

Thursday, January 16, 2014

I do fear for my life

Blogger in disqualification case vs Reyes fears for his life

By 
7:58 pm | Tuesday, January 14th, 2014

THE HOUSE of blogger Eliseo Obligacion, or what was left of it, after a fire broke out following an unsuccessful attempt by an unidentified man to break into it .
SAN PEDRO CITY—The author of an online article that was used to question the eligibility of Regina Ongsiako Reyes as candidate for Marinduque representative started to fear for his safety after losing his house to a fire just days after an intruder barged into his home.

Eliseo Obligacion, a 62-year-old blogger, lost his home, a two-story house by the beach in Barangay (village) Amoingon to a fire on Sunday evening.

Prior to this, an unidentified man barged into his house on Saturday evening, Obligacion said.

The intruder rushed out without hurting Obligacion’s caretaker and her two granddaughters upon realizing the house was not empty, he said.

Boac fire chief Senior Fire Officer 3 Felix Echaveria, in a phone interview on Tuesday, said a joint investigation by the fire bureau and the local police would determine if the fire that started in Obligacion’s room was deliberate.

Echaveria said the case was complicated given the claims of a prior intrusion.
Obligacion, who owns the blog Marinduque Rising and a former tourism consultant of Reyes’ rival Lord Allan Jay Velasco, said he lived in that house for 22 years but recently moved elsewhere when he felt that Marinduque “has become a very dangerous” place for him to live in.

In January 2013, Obligacion wrote an article titled “Seeking and finding the truth about Regina Reyes,” that presented a database of Reyes’ immigration records as an American citizen and holder of a US passport since 2005.

The blog was used as evidence to support the petition of a certain Joseph Socorro Tan from Torrijos, Marinduque, that paved the way for the Commission on Elections (Comelec) to cancel Reyes’ candidacy in the May 2013 elections.

Reyes, a daughter of Marinduque Gov. Carmencita Reyes, appealed the Comelec ruling to the Supreme Court and claimed the case was under the jurisdiction of the House of Representatives Election Tribunal (HRET).

Amid the controversy, Reyes, a member of the ruling Liberal Party, was proclaimed by a local Comelec tally body as the winner against Velasco.

She was also recognized as a member of Congress despite a Supreme Court ruling that upheld her disqualification.

In a text message on Tuesday, Reyes denied any hand in the fire and attack on Obligacion.

“It is not in our character and I pray for Mr. Obligacion’s enlightenment,” she said.

Inquirer


Also read:

Sinunog po ang bahay ko kagabi. My house was burned downed last night.

Fertilizer scam trials, arrests, disparities: People of the Phil. vs Carmencita O. Reyes et al; Abdullah Dimaporo et al

Part 2  Moro-moro: Regina O. Reyes' Multiple Flip-flops

Part 1  Moro-moro: Ruling party congressmen opting for anarchy after loss of pork barrel? Political decision now takes precedence over null and void PBOC proclamation? Follow the money and find a possibility


Marcopper/Barrick Gold/Placer Dome: MACEC, Boac join calls by anti-mining groups to renegotiate compensation package or rejection

Just Gimme Some Truth

Gimme Some Truth
by John Lennon



I'm sick and tired of hearing things
From uptight, short-sighted, narrow-minded hypocrites
All I want is the truth
Just gimme some truth

I've had enough of reading things
By neurotic, psychotic, pig-headed politicians
All I want is the truth
Just gimme some truth

No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of hope
Money for dope
Money for rope

No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of soap
Money for dope
Money for rope

I'm sick to death of seeing things
From tight-lipped, condescending, mama's little chauvinists
All I want is the truth
Just gimme some truth now

I've had enough of watching scenes
Of schizophrenic, ego-centric, paranoiac, prima-donnas
All I want is the truth now
Just gimme some truth

No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of soap
It's money for dope
Money for rope

Ah, I'm sick and tired of hearing things
From uptight, short-sighted, narrow-minded hypocrites
All I want is the truth now
Just gimme some truth now

I've had enough of reading things
By neurotic, psychotic, pig-headed politicians
All I want is the truth now
Just gimme some truth now

All I want is the truth now
Just gimme some truth now
All I want is the truth
Just gimme some truth
All I want is the truth
Just gimme some truth

Monday, January 13, 2014

Sinunog po ang bahay ko kagabi. My house was burned down last night


BAHAGHARI. Morning after the burning on Sunday night, Jan 12, 2014
I got a phone call from my Manang caretaker last Saturday night. She nervously told me that while she was away early that evening, a man barged in through the backdoor that led to the kitchen of my beach house in Brgy. Amoingon, Boac, Marinduque. It's a two-storey home of wood and concrete in what's known as Bahaghari beach, where I've lived during the last 22 years. 

Two young girls were staying with Manang in the house, one her granddaughter, the other a friend of the girl from the neighborhood. The girls have recently decided to stay with her for company. 

As I was told, seeing the intruder inside the house the girls got so scared that they instinctively ran to their bedroom and locked the door. They did not recognize who the man was, a stranger, described briefly as someone 'tall, thin, wearing sunglasses, black shoes and carrying a handbag', the girls said. But the man had left when Manang came back to the house. 

I've been out of Marinduque for sometime now feeling it has become a very dangerous place for me to live in. I told Manang to report it to the barangay as soon as possible, to make the community officials aware of the intrusion and for them to take the appropriate measure, if they may. 

"Manong, gusto ko sanang nandito ka talaga pero hindi na bale, huwag na huwag ka munang mauwi at baka talagang may mangyari nang masama sa iyo", she stated firmly. "Kami na lamang muna dito, bahala na kami".

Morning came, the barangay hall was closed, she patiently waited, and sometime during the day a kagawad, probably the day officer, arrived and Manang's complaint was recorded. I got this advice from a concerned friend Manang had approached for assistance.

Sunday evening came. About 10:30 pm I got a call from the same friend, who rushed to Bahaghari upon hearing the news. He saw the last of the shocking burning scene still with intense smoke rising. I have to be strong, he said, because my house has just been burned down completely and is still on fire as he spoke. Firefighters and the police were there, he said, but it's too late to do anything, they're investigating now.

My friend handed over his cellphone to Manang so we could talk but the terrified lady was crying so loud that she could hardly speak and was almost incoherent. I had to resume the conversation with my friend. No one was hurt, I was told, nothing was saved except the clothes Manang and the girls had on.

Prior to this incident, there have been several intrusions inside my perimeter fence by some unknown men. This started during the election campaign period. A couple of those incidents have, likewise, been reported to the barangay. Those men were there to harass and intimidate me/us, throwing stones into my home, looking for me secretly some nights or openly during the day as reported by witnesses. 

Many people have warned me to be 'very careful' of my movements because a supposed death threat targeting me according to their information has been hatched. This was supposed to have transpired in a secret meeting by those who don't like me, but it was somehow leaked through various sources. 

It could be just a scare tactic, I wanted to believe then. Then, vicious black propaganda were soon hurled against me through campaign flyers, and a few times, even through tabloids that are nationally circulated, with photocopies of the story distributed throughout the island. 

I am not a candidate for any elective office. Never was and never will be in my lifetime. I'm just a cultural worker,  a community theater director/playwright, volunteer worker, researcher, media practitioner, have also worked from time to time as tourism consultant for local LGU's, and an 'unknown blogger' like some would label me as. 

But we couldn't escape local political issues here and so I write about the things I see in my home province. Fighting for Truth is what matters most to me, and this I do pursue when lies seem to have reached their apex and could no longer be tolerated and for as long as validated facts are on hand. 

I have responded through this blog, especially so during the past week, by correcting lies that continue to be spread throughout the nation now in a seeming new wave of deception that tends to hold a country hostage and infects others.

Now, do I believe that this burning of my house is an attempt to silence me or shut me down? To keep the right information from being heard? Based on things that have transpired and a long string of many more related incidents for quite sometime now, I firmly and personally believe that it is quite evident. I, who was not born yesterday. 

Many thanks to those who have called me upon hearing this frightful news to express their sorrow and sympathy, they who believe that this unknown blogger would never dream of propagating lies like the lies that some evil doers oft repeat.

Thank you. May God Bless Us All!

My Bahaghari Home. Christmas 2011

Sunday, January 12, 2014

Sandigan action vs gov Reyes, a Noy ally pressed

Sandigan action vs Noy ally pressed
Marinduque Rep. Lord Allan Jay Velasco has called on the Sandiganbayan to expedite the resolution of the cases against Marinduque Gov. Carmencita Reyes, a member of President Aquino’s Liberal Party, which cases were filed almost two years ago.
Velasco criticized the snail-paced action on the part of the Special Prosecutor in not filing a motion to suspend Reyes, who is facing graft charges, despite the filing of the information way back in 2011.

“This is a patent double-standard of the highest order,” Velasco said, adding Reyes is yet to answer for her crime “because the accused is a member of the ruling Liberal Party while thousands of government officials have been immediately suspended by the Sandiganbayan upon the filing of the information.”

“Where is justice here when the criminal cases against the governor are strongly anchored on solid factual and legal basis,” he pointed out.

Velasco, who is still to assume his post in the House of Representatives due to the resistance of the governor’s daughter, Regina, lamented that Governor Reyes has not yet been arraigned up to now.

“It is mandatory for the Sandiganbayan to arraign an accused if there is no temporary restraining order (TRO) issued by the Supreme Court (SC). Given that Governor Reyes has a pending petition before the high court, the fact that no TRO has been issued should be the basis for the arraignment of Reyes.” 

In 2013, the Marinduque Reform Movement (MRM) headed by Jose Andres accused Ombudsman Conchita Carpio-Morales of favoritism and bias in favor of Reyes. 

The accusation stemmed from the long overdue suspension of Reyes in the two criminal cases which were filed more than two years ago on March 18, 2011 before the Sandiganbayan pertaining to the fertilizer fund scam. 

The amount involved was P5 million, part of the P728-million fertilizer fund released by the Department of Budget and Management, for the purchase of a shredding machine and other pieces of equipment allegedly without public bidding.

Reyes, who was a member of then ruling party Lakas-CMD under former President Gloria Macapagal-Arroyo, was alleged to have been provided the fertilizer funds for use in the 20l0 elections. She later transferred to the Liberal Party under President Aquino. 

The MRM asked the Ombudsman to immediately set the two cases for hearing to determine if the two informations are valid to justify the suspension of the Marinduque governor. 

The MRM pointed to Section l3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act as the basis for the suspension of Governor Reyes as it provides that “any incumbent public officer against whom any criminal prosecution under a valid information under RA 3019 is pending in court, shall be suspended in office.” Tribune


Also read:

Fertilizer scam trials, arrests, disparities; People of the Philippines vs Carmencita O. Reyes et al, Abdullah Dimaporo et al

Saturday, January 11, 2014

Today's 'Nazarene Cross' earthquakes


The Black Nazarene carrying the cross. Photo: Wikimedia


By coincidence, four moderate earthquakes struck in this map area with the Philippines in the center. M4.5 and M4.6 earthquakes hit WNW of Northern Marianas Islands, WNW of Sikabaluan, Indonesia, N of Claveria (Cagayan), Philippines and SW of  Pondaguitan (Davao Oriental), Philippines that formed like the Nazarene Cross.


Devotees scramble to touch the image of the Jesus of the Black Nazarene during the start of a grand procession in Manila on January 9, 2014. The Black Nazarene, a life-size wooden statue of Jesus Christ carved in Mexico and brought to the Philippines in the 17th century, is believed to have healing powers. REUTERS/Romeo Ranoco 

Fertilizer scam trials, arrests, disparities; People of the Philippines vs Carmencita O. Reyes et al, Abdullah Dimaporo et al

Sandiganbayan.
The provisions of the law of the Philippines on Anti-Graft and Corrupt Practices are quite explicit. For incumbent public officials against whom criminal charges have been filed for violation of the Anti Graft and Corrupt Practices Act it is mandatory that they be suspended.

RA 3019 Section 13 reads:

"Suspension and loss of benefits. — Any incumbent public officer 
against whom any criminal prosecution under a valid information under this Act or under Title Seven Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property whether as a simple or as complex offense and in whatever stage of execution and mode of participation, is pending in court shall be suspended from office. Should he be convinced by final judgement, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him." 

Under normal circumstances the power of suspension lies in the court in which criminal charge is filed. According to the said Act any public officer may be suspended if the charge involves 'dishonesty, oppression or grave misconduct or gross neglect in the performance of duty', among other considerations. The reason is that continued stay in office may prejudice the case filed against him or her. 

The provision is supposed to be unequivocal and mandatory if it should be followed.

If it should be followed? But do we really care about these things still? Like, whether or not our anti-corruption laws are really being followed? 

We don't have an all-seeing eye, of course, and rely only on what media feeds us, media that has access to information not immediately available to us, media that plays a part in shaping our thinking in a positive way, or in many cases, in a negative way like dumbing us down without our even knowing it. 

And we pay special attention to intrigues and scandals or scams.

Like the internationally renowned Philippine Fertilizer Scam of 2004, Pnoy's biggest issue during his election thus he decidedly made anti-corruption his administration's centerpiece. The pork barrel scandal occurred in 2013, during his time, but he insists that's nothing compared to the fertilizer scam: 


President Benigno Aquino III

"... he (PNoy) said the PDAF controversy is nothing compared to the P728-million fertilizer fund scam during the time of Gloria Macapagal-Arroyo.

"Compare mo sa fertilizer scam, gaano kalaki ang diperensiya? And yung fertilizer scam is the tip of the iceberg, marami pang iba," he said."



"With the appointment of former Supreme Court Justice Conchita Carpio-Morales as Ombudsman in 2011, President Benigno Aquino III said the country would have an “honest-to-goodness anti-corruption office.”

“Not one that condones the corruption and abuses in government,” Aquino said of Morales during his state of the nation address (SONA) in July of that year...

“I expect that this year, we will have filed our first major case against the corrupt and their accomplices. And these will be real cases, with strong evidence and clear testimonies, which will lead to the punishment of the guilty,” said Aquino, whose presidential campaign in 2010 was anchored on his fight against corruption."

Palakpakan naman. We cheer! Only to realize, when things have subsided that those statements are directed pala, as it is manifesting before our very own eyes now,  to those who are not his allies in government. Sample:

Rep. Abdullah Dimaporo


"The Sandiganbayan Fifth Division has ordered the arrest of Lanao del Norte Rep. Abdullah Dimaporo and five other persons for malversation of P5 million in public funds, in one of the hundreds of dubious transactions made in the P728-million fertilizer fund scam..."

This story came out shortly after charges were filed against Dimaporo before Sandiganbayan, that tries cases involving public officials for their misdeeds. The article goes on to state that: "Dimaporo is the fifth lawmaker to be implicated... after Representatives Oscar Gozos of Batangas province, Federico Sandoval of Navotas City, Nanette Castelo-Daza of Quezon City, and Carmencita Reyes of Marinduque province."

Again, the fifth to be implicated, after Carmencita Reyes of Marinduque and former representatives Gozos, Sandoval and Castelo-Daza.

Further to the story:  "(O)n the recommendation of the Ombudsman, Sandiganbayan Associate Justice Roland B.Jurado has denied bail to Dimaporo in the malversation charge."

Dimaporo is a member of the Nationalist People's Coalition (NPC). 

"Last week, Dimaporo was charged by the Ombudsman with malversation of public funds and graft for the purchase and delivery of 10,000 bags of Saka organic fertilizers worth P5 million..." . 

Poor guy. Immediately, Dimaporo's colleagues in Congress tried to come to the rescue by issuing a Resolution that he be allowed to post bail for the unbailable charge of malversation of public funds. But he is not a member of the ruling party, so sorry. Then what happened?

"As this developed, House Speaker and Quezon City Rep. Feliciano Belmonte Jr. said that the House of Representatives could not prevent the Sandiganbayan from arresting Dimaporo because the Lanao congressman’s case is a non-bailable offense.

I don’t think we can do anything,” Belmonte said. He added that Dimaporo’s case is similar to the plunder case of former president and Pampanga Rep. Gloria Macapagal-Arroyo, which is also a non-bailable offense."

Ganun naman pala. Then we read just a couple of days ago about the same fertilizer scam case involving the incumbent Marinduque governor:


Gov. Carmencita O. Reyes
Item: "Almost 3 years after being charged, Marinduque provincial governor Carmencita Reyes and agriculture officials will finally stand trial for graft and illegal use of public funds related to the P728 million fertilizer fund scam.

"Ombudsman prosecutors filed their pre-trial brief on Tuesday, January 8, before the graft court’s Second Division. Reyes’ arraignment has been set for January 14 at 1:30 pm."

So, same scam case, exactly the same amount involved (Php 5M), exactly the same process undergone. If the media report is correct, then in fact, the Reyes case was the first to be filed, and, going by the presidential assurance - "these will be real cases, with strong evidence and clear testimonies, which will lead to the punishment of the guilty."

Same graft and malversation cases were filed against Reyes in 2011. But Carmencita O. Reyes was never meted with suspension from the time the Office of the Ombudsman' Field Investigation Office filed the complaint, after years of investigation, in July 2008.

The Office of the Ombudsman moved for institution of criminal and formal inquiries against Reyes along with others involved in the conspiracy, their names already mentioned above. Overall Deputy Ombudsman Orlando Casimiro signed the approval for the filing of charges on April 14, 2011, or three years later. That long. And now 2014, she will stand trial for graft and technical malversation.

If a Philstar report is correct, Reyes was allowed to post bail not only for the graft case (RA 3019 Anti Graft and Corrupt Practices Act) but also for the malversation charges (Act No. 3815 Revised Penal Code of the Philippines) for a total of Php 60,000 for the two cases.
  
Reyes is a member of the ruling Liberal party (LP). Poor, incumbent representative Dimaporo of the Nationalist People's Coalition (NPC), under hospital arrest after a warrant was issued.

Spot the difference? Then shall we just sit back and idly watch another reality show go by? Think about it.


"Equality before the law in a true democracy is a matter of right. It cannot be a matter of charity or of favor or of grace or of discretion."  
- U.S. Supreme Court Justice Wiley Rutledge