THE RED OCTOBER THE FATHOMLESS GLOOM AND DOOM

Now is the month the CPP-NDF-NPA Terrorists has called the “Red October” which for them means bloody October. Up here, tension has built and build until you feel you gonna explode. Predictably, the call from these terrorist organization to oust PDU30 will hit a higher decibel while the gnashing of teeth of the Filipinos supporting the government will be more threatening.

Our Authorities will still maintain their obligation to ensure that the main thoroughfares shall have a circus-free atmosphere. The Authorities have to provide the restraint against what is called "the impatient vehemence of the destabilizers of progress." Rights in a democracy are not decided by the mob whose judgment is dictated by rage and not by reason. This should never be the definition of the rule of law.

Of course, this CPP-NDF-NPA’s are now allegedly allied to the opposition groups under the umbrella of the Yellows, who in turn are also allegedly backed up by the CIA of America. Worse, the mainstream media are allegedly part of the plot. As you can see, the media have been giving full airtime to Sen. Trillanes, who is obviously the paid assassin of the CIA, as he used the kind of language that is venomously over-the-top and contorted with labored metaphors of bodily disgust and humiliation, too anxious and willing to make serious accusations but without any evidence or reason.

These people backing up the CPP-NDF-NPA who most of them are elective and appointive public officials, hence, they are likened to a baneful snake biting the hand of the government that fed them.

If the “Red October” is really going to happen, it is going to cast the fathomless gloom and doom that likely to bring about the apocalypse, which no human consciousness can illuminate the extent of the endless darkness that will hover the Philippine Archipelago. With it, I don’t think we can all be able to run and hide under the rock and tucked our faces under the sand like ostriches.

May I ask, are you going to just see and watch about the possibility to be ruled again by the Yellows who during their regime made our country miserable? What do you say AFP Chief of Staff 4-Star Gen Carlito Galvez and PNP Chief 4-Star Gen Oscar David Albayalde?

MY WISH ON MY BIRTHDAY TODAY SEPTEMBER 30, 2018

PDu30 is trying all he can to make our country progress every day and every way. But the media allowed themselves to be used by the detractors to put down the President as he would be prone to be unfairly targeted by means of spreading fake news, suppressing all the good things he is doing, twist the positive development that is happening, and worse, to exaggerate or put too much focus on a minor issue and make it seems like a major one. Foolishly or pointlessly the action of the media does not adhere to a system of "fair play; violate the universal rule of conduct with reference to a standard of rightness, and do not provide the kind of justice that stems from God's will or command.

The way the media portrays the President and the constant ridicule he receives is going too far to the point that the media are already part to destabilize our Nation to the detriment of every Filipinos.

My wish on this day of my Birthday is for the media to mellow down as they are prone at PDU30 they unfairly targeted. Yes, you have the right to own your joy, elation or whatever feelings are washing over you, enjoy that while it lasts. Here’s something to remember. Surely, Du30 is the person who you just couldn’t stand to be the elected president. The key thing for the media will be to recognize those good things they currently can’t imagine PDU30 ever is doing when those things appear and get to the limelight. A good thing doesn’t stop being good because you don’t like the guy doing it.

On the other hand, I’m now recognizing everyone who greeted me HAPPY BIRTHDAY. I’m humbled for all the Greetings I received today. I reverently show my attitude of humility, of adoration, of perceiving my smallness compared to the one possessed with the majestic glory that all of you who greeted me possess. On this day of my birthday, I can walk, I can talk, I can hear. I thank God for who I am and I’m grateful for everything He gave me and what He will give me.

We have a different moment in time now, but the context of each of us whom we had fun together, and admired and respected are still the same. It’s been a winding road in our high school days. There’s been adversity in life’s lesson along the way, but we’re always ready for the next challenge with plenty of support from all of you my relatives, friends, and associates. Before, in our younger days, I thought it was just all fun, dancing in the moonlight and games until life slaps me hard in the face saying, "playtime is over."

THE UNGUARDED COMMENT BECAME A DELIBERATE CONFESSION

The TV stations don’t report the truth; they report what they’re told. They seem to be in paranoia about PDU30 as they have shown all the time to be too ready to broadcast anything that could be the mosaic tool to destroy the President. 

The Emblematic of hatred, self-righteousness, and mendacity of those who dance to the music of the Yellows are at it again. They don’t seem to learn their lesson as they incessantly continued in their attempt of cunning and deception to gain an advantage over the president. Sadly, their efforts have always ended up in futility and in vain. It only exhibited their absurdity if not lack of judiciousness as they couldn’t seem to seal their lips. A hard lesson in life is that whoever wishes ill-will to others will always trip off in the process. How foolish humans are, hopelessly beckoned into destruction like a firefly being seduced by the burning light of fire. 

According to Senator Trillanes and his ever subservient orchestra, Duterte was caught unguarded when he blurted the statement: Did I steal a single peso? Did I prosecute somebody whom I jailed? My only sin is extrajudicial killing. The unguarded utterances became a deliberate confession. Innocent acts became sinister schemes. Innocent words became coolly calculated commands. Resultantly, PDU3O found himself facing the prejudice of an aroused groups, who, obviously were swayed by the tide of human indignation, rode on the occasion because they have an ax to grind against him. Admittedly, these are the more dangerous adversaries because they are the unreasoning accusers, feeding on their revulsion and resentment for PDU30 who they had already condemned.

In PEOPLE OF THE PHILIPPINES vs. Alex Aleman, et al, G.R. No. 185710, January 19, 2010, Confession to be admissible must consist all the following essential requisites, to wit; a) it must be voluntary; b) made with the assistance of a competent and independent counsel; c) must be express which means the confession has details that only the person who committed the crime could have possibly known; and d) must be in writing. 

Clearly, not even one of the 4 requisites is present in the alleged confession. The accusation such as this, and the fractured syntax by which they are tendered, should really have no place in a judicial record. They cannot persuade; they do but irritate. What is worse, they produce much waste of valuable time. They belong to the realm of fantasy than the narration of the truth. 

This storyline upon which the President is being charged with the admission of guilt for EJK is redolent of badly written scripts from third-rate local movie fare, and while it might by some imaginative stretch be deemed "entertaining", it cannot stand in the court of law. 

LEGAL ISSUES DURA LEX, SED LEX

These are the arguments brought forth by the so-called law experts and echoed by the Senators, media, and sympathizers in defense of Trillanes and they keep on repeating them in the media, particularly on TV stations that are always giving them airtime coverage.

1. Amnesty once it is given, more so, after 7 years had elapsed, cannot be taken back;

2. The cases against Trillanes once dismissed cannot be revived, otherwise, double jeopardy sets in;

3. The Amnesty having been approved by the Senate and House of Representatives cannot be declared by Proc. 572 as void ab initio or without any effect;

4. That the issuance of the Warrant of Arrest to Trillanes by the Makati RTC Branch 150 is illegal;

5. The AFP J-1 as the custodian of all the records should be the one to prove that Trillanes did not file his application, not for Trillanes to prove it;

6. That PDU30 was just net fishing over Trillanes in order to get even with him;

7. That PDU30 is the destabilizer, not the opposition; and

8. PDU30 has no authority to declare the Amnesty of Trillanes void ab initio because he is not a judge. Only courts have the power to make the declaration.

The argument from 1- 7, are just but sweeping statements without bothering to explain the factual and evidentiary bases. Hence, even snap thinking will tell us that they have no probative value and cannot stand in court.

With respect to no. 8, wherein no less than a retired Justice of the Supreme Court Vicente Mendoza asserted that “Only courts declare anything void, whether void ab initio or otherwise also known as voidable. That is a judicial function.

With due respect, the grant of Amnesty to Trillanes despite the 3 prerequisite requirements were not complied with, is a kind of error so patent and obvious that the applicant could not have missed them, or is such that the applicant could not have been aware thereof by exercising ordinary prudence. That’s why, the argument that only a court can declare void any document, particularly an Amnesty is a shot in the dark.

The issue regarding the principle of “Do not wait for the court but act now” is no longer novel, this having been decided by the Supreme Court in a long line of cases.

In TEEHANKEE, J., concurring in the case of EASTERN BROADCASTING CORPORATION (DYRE) vs. THE HON. JOSE P. DANS, JR., ET AL., G.R. No. L-59329, July 19, 1985, to require the citizen at every step to assert his rights and to go to court is to render illusory his rights.

So that as written by Justice Makasiar in the PBM case "the Bill of Rights [might not turn out to be] a useless attempt to limit the power of government and cease to be an efficacious shield against the tyranny of officials, (which in this case is the Pnoy Administration), of majorities, of the influential and powerful, and of oligarchs — political, economic or otherwise."

In SALOMON vs. MENDOZA, G.R. No. L-23628, July 31, 1965; LAWRENCE BOWE, ET AL. vs. COURT OF APPEALS, G.R. No. 95771, March 19, 1993. When the final judgment in an unlawful detainer case states that "the defendant can continue occupying the land as long as she pays monthly rental to the plaintiff", the necessary inference is that if the defendant should fail to pay the rents she could not continue occupying the land. In which case, the plaintiff can occupy the land without the order of the court.

The Supreme Court in Lim v. Court of Appeals, 182 SCRA 564, 570 [1990], is worth quoting: "It is true that the contract to sell imposes reciprocal obligations and so cannot be terminated unilaterally by either party. Judicial rescission is required under Article 1191 of the Civil Code. However, this rule is not absolute. We have held that in proper cases, a party may take it upon itself to consider the contract rescinded and act accordingly albeit subject to judicial confirmation, which may or may not be given. Xxx xxxx xxxx. As we said in University of the Philippines v. De los Angeles (35 SCRA 102 [1970]): . . . But the law definitely does not require that the contracting party who believes itself injured must first file suit and wait for a judgment before taking extrajudicial steps to protect its interest. Otherwise, the party injured by the other's breach will have to passively sit and watch its damages accumulate during the pendency of the suit until the final judgment of rescission is rendered when the law itself requires that he should exercise due diligence to minimize its own damages."

"A void judgment for want of jurisdiction (the granting of Amnesty by Pnoy despite the lack of the essential requirements; and the dismissal by the Makati RTC Courts) is no judgment at all. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect. Hence, it can never become final and any writ of execution based on it is void: ". . . it may be said to be a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever and whenever it exhibits its head." (emphasis mine). Clearly, it says, it does not need a declaration by any court with the phrase—it can be slain at sight or ignored wherever and whenever it exhibits its head.

The above-mentioned Decisions are not dead letters that can be severely emasculated, or rendered illusory. They are the doctrinal declaration of the Supreme Court which is the cornerstone of any free and democratic nation.

THE COMEBACK IS STRONGER THAN THE SETBACK

Last night on TV, the DOJ Sec. Guevarra told about the possibility the other members of the Magdalo group who might have not also complied with the Amnesty requirements could also meet the same fate as Trillanes. With this statement, the Magdalo group would have time to marinate and spin what are they going to do and what is the state of play?

They quickly believe that things had run them down and they would certainly want this chance to defend their freedom than handing themselves over in a silver platter. We must not forget they were all trained PMA combatants, still relatively young, know how to use the stage corresponding to their respective stature, and had a history in attempting to dethrone former Pres. Arroyo. As rebels, Trillanes and Alejano were able to climb the rung of the ladder to become statesmen like Vladimir Jabotinsky. Therefore, they always thought their identity as rebels has served them well.

They had the experience of staging coup d’etat and I can only predict they had already picked the Senate Building as their garrison. They would certainly use their combined mass to rise up in arms once again against the Du30 government. It would surely be as savage and as brutal as it gets with the support of the Yellows, those wanted Ninja cops, disgruntled armies, the NPAs, the BIFF, the Catholic priests, the Oligarch whose interests had been jeopardized, the militant groups, the extremist and the opportunist, the government officials appointed by Pnoy still holding on to their position, and the CIA. The intensity of the fight would, in fact, suggest they had prepared to put everything on the line to depose PDu30 rather than languish in jail forever. 

PDU30 must beat the Magdalo to the draw before the Pandoras Box of armed uprising would be opened. At this very moment, the best defense is offense. Try to consider this, it is not farfetched Trillanes and Alejano with the Magdalo will return to their former status as rebels. You see, once you have done a thing, it is easy for you to do it again. They had failed on their first attempt in Arroyo’s time but they will always believe in PDU30’s regime their comeback would be stronger than their setback. 

This is our time to show as supporters of PRRD what we are made of. For me, PRRD might not be perfect but he has fulfilled his promises, and that alone is more than any other president we’ve seen in our lives. I’m going to ask this ultimate question-- do you want to keep our country down and become the most hellish cannibalistic hell on earth you could imagine? Or do you want our country to become one of the most productive countries in the world? Let’s support PRRD do hell may bar the way.

FOR BETTER OR WORSE IT IS TIME TO DECIDE

As we all know, yesterday afternoon, Sen. Trillanes was arrested through a warrant issued by the Makati RTC Branch 150. But for reasons only known to the Judge concerned, Trillanes was allowed to post bail of 200k even the crime of Rebellion upon which Trillanes was facing was non-bailable under Article 135, Revised Penal Code. Strange is it not?

Thus, Trillanes was back in the Senate and continued his tirade against the president as he keeps on calling him with a new moniker as ‘demonyo’. Trillanes said: “since his adversary is a ‘demonyo’, he is expecting all kinds of demonic activity in the coming days.” By his overfull self-confidence, this saying, “Pride comes before a fall” takes on its full signification when it comes to the arrogance of Trillanes.

The enemies of PDU30 are now absolutely desperate to the extent that the declassified intelligence report from the AFP reveals, the “yellows” or pro-Aquino groups and the camp of Sen. Antonio Trillanes IV have allied themselves with the CPP-NDF-NPA to topple the Duterte government. Our Country is now smoldering at the edge of chaos. All the ominous signs that can be seen before a government will collapse are conspicuously present.

Until we make a firm stand to stop them, then our country is doomed. The economy will begin to spiral down further, and the business climate will crumble more. The government will lose its balance and then the worst will happen. The final political bubble will burst. The Treasury will lose its ability to raise money and the Philippine economy will CRASH! The IMF and the rest of the world holding over 3 trillion dollars in Philippine debt will have only one course of action: buy our country piece by piece.

We are really sitting on top on a keg of gunpowder. May God help us as a nation? We must not wait for that time that we are going to ruminate in regress after the disaster had already happened by saying we could have cut the horn while still growing and now we are being gored with it. These people we address as Honorable, whom we bow and bow our heads with respect, have now become the havoc in our society unperturbed to suck us dry and drug us down to eternity if they are not stopped.

WE MUST COMPEL PDU30 to do drastic action against these enemies; otherwise, we will surely end up where we are headed. If we cannot reverse the ship of state on its collision course with disaster, then we – the ordinary citizens - are doomed to CRASH!

MAN PROPOSES GOD DISPOSES

PRRD had an Endoscopy and colonoscopy checkup just recently. Endoscopy used to examine a person's digestive tract while colonoscopy is an examination used to detect changes or abnormalities in the large intestine (colon) and rectum. The Malacañang reported there was nothing extraordinary on the medical tests. But the enemies were skeptical about the report because they were expecting the worse. You know we were always floored every now and then by much opposition that breathed hate and wished PDU30’s death, his demise, destruction and everything else. Even priests delighting that PDU30 would be sick. On its part, the TV Channels just love to walk their walk and their talk stirring up things causing more speculations.

My concern is let’s look at the bigger picture. We have very serious national security issue over which we should be concerned about. The more that we are divided among ourselves, what kind of message are we sending to the world? And I think that is what this whole thing that makes us vulnerable to all kinds of security threats, internal and external, like a power struggle, territorial conflict, terrorism, and our nerve-racking economy. It's like time stood still and words cannot express what was about to come next. This is because the stories from all fronts are chilling and from the looks of things everywhere haunting.

Another situation also raises concern is when a natural disaster hits our country. I always have that daunting question in my heart — why should the President be the one to hop from one affected areas to another when it can be done by a representative. He is too old for that now and it will surely jeopardize his health drastically. But nobody can stop him and this is how the Filipinos love him for his willingness to get his boots dirty alongside his men and Duterte sought to hold the nation together–a goal he was ready to accomplish by force if necessary.

You see, I always worry if in case PRRD will meet an untimely death because I thought the country would be turning a corner when that happens. It would be a tragedy of astronomical proportions. Our country would seem to be in that scenario because even right now, the attempt of a power grab is happening already with Duterte still very much alive, how much more if he dies unexpectedly? There will surely be a rush to power by everyone in a free for all situations. Let’s just be comforted about the saying: Man proposes God disposes because as far as the bad things go, I'm never surprised anymore and always wait for the other hammer to drop.

A BLIND MAN ON THE WRONG ROAD

It is better for the enemies of the State led by the Yellows and fueled by the mainstream media to be on an even keel and working in tandem on important issues with PDU30. It is going to make our country stronger rather than their grousing against Him. But why the enemies are full of rage upon PDU30? Anything that he does for the good of our country and doing everything in times of catastrophe to help the victims they still let him down by calling him lazy doing nothing, a destabilizer, or wasting money on his foreign travels, uttering invented falsehood just to make out a case.

These enemies are indeed suffering from a psychiatric case of intermittent explosive disorder or IED. They pursued their anger upon the President with implacability. They are absolutely out of harmony with themselves. Anyone who makes and holds a false opinion fully aware it is contrary to what is the truth is like a blind man on the wrong road. They only keep themselves from seeing those times when they’re getting worse. They learn nothing because they remember nothing. They repeat the ready-made charges which are used against PDU30, this damned nonsense about things up in the clouds and under the earth.

By taking pleasure in causing pain, trouble, and hatred, and such, ever preoccupied with feasting on Duterte’s grief and heartaches and so they are carried downward, and there, as is fitting, they wander their whole life long, neither ever looking upward to the truth above them nor rising toward it, nor tasting pure and lasting pleasures. Like cattle, always looking downward with their heads bent toward the ground and the banquet tables, they feed, fatten, and fornicate. In order to increase their possessions, they kick and butt with horns and hoofs of steel and kill each other, insatiable as they are.

It's about time, "old cold time, old sorrow, settling down in layers like silt in a pond".

In your careers as politicians, in order to gain votes this coming 2019 election, you will meet many people and let them feel they are all significant. That they each deserve your attention and care, even if all you do is smile and say 'hello’. You set an example in sobriety. Nevertheless, the people will remember what kind of politicians have you been the way you have treated PDU30 as if even worse than treating an animal. Do you think you will win? Admittedly, it’s a big fat cold icy frozen No. Such move displayed neither wisdom nor wit but idiotic and foolish.

By incessantly destroying the President, you are like spending so much time hunting treasure but you failed to see that the pebbles and the dirt that you discarded are the precious stone and treasure all around it. It's like sifting through gold to find the silt. In other words, by destroying PDU30, would be putting a noose around your own neck and tightening it with your own hands. HE WHO SOWS THE WIND WILL REAP A STORM.

MOCHA USON and ANDREW OLIVAR FOR BETTER or WORSE

PCOO Assistant Secretary Mocha Uson and blogger Andrew “Drew” Olivar were accused before the Ombudsman for making fun of sign language. The said case was the offshoot of that Sept. 15 video clip of Olivar wherein he mimics sign language. Uson can be heard laughing while filming Olivar.

The complaint stated that Uson and Olivar violated Republic Act (RA) 9442, known as the “Magna Carta for Disabled Persons. RA 9442 states “no individual, group, or community shall execute any acts of ridicule against persons with additional needs in any time and place which could intimidate or result in loss of self-esteem of the latter.”

Uson and Olivar, according to the complaint, specifically violated section 39 of the said law: “Section 39 of Chapter One defines public ridicule as an act of making fun or contemptuous imitating or making a mockery of persons with additional needs whether in writing, or in words, or in action due to impairment/s.”

The elements of the crime are:

1. There must be an act whether in writing, or in words, or in action;

2. That the act or writing must be for the purpose of making fun or contemptuous imitating or making mockery; and

3. That the act or writing which was making fun or contemptuous imitating or making mockery was directed to persons with disability.

All the above elements must concur or be present for the accused person to be convicted.

In criminal cases, it was ruled by the Supreme Court that "Of great weight in Our criminal justice system is the principle that the essence of an offense is the wrongful intent (dolo), without which it cannot exist. ACTUS NON FACIT REAM, NISI MENS SET REA or the act itself does not make a man guilty unless his intentions were so.

In this instant case, the 3rd element is absent because the mimicking of the sign language was without malice and criminal intent. There was no specific person or persons that were clearly the object or being subjected, or better still, being targeted. Nobody or not just anybody can claim anytime or make reference all the time that they were the ones being directed or he or they were the ones being referred to or targeted by the action of respondent Olivar. Therefore, for Olivar and Uson to be guilty as charged it must be such that the mimicking of Olivar was beyond reasonable doubt that the same was in fact done with physical, mental and spiritual intention and purpose to ridicule a particular person or persons or group which in this case are the people with disability.

In the determination whether or not a person is guilty does not depend on what the person supposedly aggrieved would want to project and assert to the court because, in this way, the court will be dealing with his imagination which is as vast as the ocean. The court must base his findings on the actual facts of the case. In this connection, Social Justice — or any justice for that matter — is for the deserving, whether he be a millionaire in his mansion or a pauper in his hovel for justice must always be served, for poor and rich alike, according to the mandate of the law."

SP SOTTO AND NOT THE LYRICS THAT MUST BE CHANGED

The Philippine National Anthem or Lupang Hinirang was composed in 1898 by Julian Felipe. It was during this time our country was besieged by oppression, persecution, and in a state of war so persistent it was only rarely interrupted by peace. But beneath this book of darkness, were scattered rays of light. Man and woman who boldly attended the flame of progress while our nation descended into hell. Ultimately these stars would illuminate the long dark night and as they listened to the tears of the moment, they composed the National Anthem as the driving force for everyone never to be afraid but must be willing to shed their own blood against the enemy toward a new dawn brighter than any had been seen in a thousand years. Now, we Filipinos have always believed that the bridge between reality and a dream is hard work. No idea works unless you have the courage to do the work. Ideation without execution is a delusion.

Thus, the National Anthem focuses on the symbols of remembrance and their significance, and why it has been chosen as a symbol of remembrance. It’s amazing how spiritual we get when we sing the National Anthem if you know what I mean. That significance is attributed to events and individuals at the time and will subsequently echo in the future just like the soul would have no rainbow had the eyes no tears. Now SP Sotto had the gumption to change some of the lyrics of the National Anthem, which is the symbol of courage, unity, and loyalty of our forefathers to our country.

Let me say this to SP Sotto, the thing that you want to do does not constitute an emergency to our country. But the emergency that needs a solution right now is what you are doing to our country as you irrationally continually keep on defending Trillanes. Nothing in the lyrics of it have cause us pain but instead, all inspiration. That is why this is going to take everything that you have under your helmet to be able to hit this one. It is you that must change or better still must be changed sooner than later. You are now meaningless as a Senator and it could even be a part of a great meaning if you are gone. 

The changing of the lyrics in the national anthem is far from the thoughts of many people. As a leader in the Senate or any national leader for that matter, you must know how to prioritize things. You must do first what is the most urgent that involves a life and death situation or what could tilt the balance that will affect our country from safe to dangerous.

THE MARTIAL LAW ANNIVERSARY

My Best Glimpse into the past is when on September 21, 1972, at 7:00 o’clock sharp in the evening, the ‘Apo’ as Pres. Marcos was fearfully addressed that time, appeared on television and announced the country was under the state of Martial Law. There were many speculations that bother everyone and nothing seems to stop the fear we have entertained as the product of our wild imagination. Then, as it is in the nature of man, all had to adjust and adapt to the situation and to the light that I cast upon what I thought would be a dark past may never would have shine too bright to blur my own sight when everything turned out smoothly and as peacefully that no one had expected it to be. To the infinite wisdom and intelligence, l desired in the past will now guide my rounds to the world where my shining star will lead me to with reason as my only absolute.

I would like to draw your attention to the fact that as you surely know, an unprecedented anti-Duterte campaign has been launched by the enemies of the state led by the Yellows and fueled by the mainstream media against PDU30 and his government. They basically look upon PDU30 coldly with distrust. He was blamed for everything from graffiti to bad weather, from his mouth to his clothes and his health. Any issue, any failure is being attributed to PDU30 even they were caused by the previous administration. They look for PDU30’s trail and they immediately find negative one, then sewn it well, whipped it up, invented, to make it so the way they want it to be treated; that they will make up anything, and then they will accuse PDU30 a Dictator. Since I know what MARTIAL LAW can do if you want to set things right, if I were PDU30, in this prevailing circumstances, I will DECLARE MARTIAL LAW TO SAVE MY COUNTRY. For me, Martial Law means putting right everything that has been wrong from the evil volition of men.

VICE MAYOR PAOLO DUTERTE and ATTY. MANS CARPIO vs. TRILLANES

Former Vice-Mayor of Davao City Pulong Duterte and his brother in law Atty. Mans Carpio filed recently a Libel case in Davao City against Sen. Trillanes over the latter’s libelous statements in a radio interview with Leo Lastimosa of DYAB Cebu on September 8, 2017, where it was alleged by Trillanes that they were committing Corruption and Extortion.

Atty. Reynaldo Robles, the lawyer of Trillanes, in his statement that I heard over the news on TV last night, revealed that he is going to file a motion to quash the libel case on the ground of improper venue because the subject case was filed in Davao City and not in Cebu City RTC (Regional Trial Court). The lawyer asserts that under the law, the place where the libelous statement was committed shall have jurisdiction over the case. Admittedly, Atty. Robles has a snake in his head as he defends the indefensible.

Atty. Robles who, among others, are the self-proclaimed legal luminaries from the yellow fence that the mainstream media camouflaged as “legal experts” as they were feasting on the prime time accorded to them by the TV stations. But the public didn’t know that these so-called law experts like Atty. Robles herein are just making a creative license that is hardly credible but subject to suspicion since they are devoid of any evidentiary weight, for they are mere assertions and guesswork. Indeed, the natural question is why anyone like Atty. Robles should want to plead groundlessly when he should know that he will not be able to make his pleading good when proof is called for.

Pertinently, the said arguments of the good lawyer on improper venue are born more of fecundity in the formulation and less of bases in law even when I decided to anatomize my compañero’s argument with some expense of prolixity. To confute his antithetical position apropos to the established doctrine, it would indeed be desirable for said counsel to hereafter deal with the merits of the libel case with more perspicacity and circumspection.

As it turned out, in a long line of cases decided by the Supreme Court, the action for libel shall be filed in the RTC of the province/city where the statement was aired or was heard, and/or was viewed by the aggrieved party over the radio or television stations. Interestingly, by using common sense and common weal, you can see the reasons of such a doctrine consistently established by the Supreme Court in the sense that where else could the reputation of a person be dishonored or besmirched in a worse possible way but in his hometown? So, VM Pulong and Atty. Carpio was correct when they filed the case in Davao City, which is their hometown.

By way of conclusion, the ground of improper venue upon which the motion to quash was to be anchored is like the antiquated wiring in an old house the details sputter and burnout when specific parts are tested. 

BEWARE OF THE MODERN MASQUERADE OF HYPOCRITES

Fr. Noel Gatchalian, Fr. Robert Reyes, and Bro. Armin Altamirano Luistro, are outdoing against each other as to what gimmick they’re going to perform that would please Trillanes. For Fr. Reyes it was putting his hand over the head of Trillanes as if praying to god to restore his sanity. Fr. Gatchalian, on the other hand, would hear a mass and prays to god PDU30 would get sick and die for Trillanes’ sake; and not to be outdone, Bro. Luistro, would recite a prayer with some kind of rhyme set of words that he painstakingly composed to impress Trillanes.

This step taken by these priests was a display of their commitment to be part and in conspiracy with the hypocritical and self-serving opposition, the Yellows, that makes a mockery on PDU30 who is doing his best for the good of our country. The decision to do what they’re told by the Yellows, and by choosing to oblige in glorious accord and enthusiasm is a familiar sight of the way a dog reacts to every direction wherever the hand with a piece of meat is going. In this way, they make themselves as among those destabilizers that our Country is always on guard.

We have to look at things based on what makes sense why these Catholic priests were carried with a powerful instinct to be a part to destroy this government as they kowtow like a puppet what they are told by the Yellows. Admittedly, a person or persons trained to uphold the teachings of God would not depart from something basic and fundamental a principle of morality if the consideration that he or they demanded as a condition were not satisfied. And there’s no other consideration that they are known to be addicted to but THE GREED FOR MONEY. This explains the kind of symbiotic relationships they have with the Yellows. It’s basically a band of brothers with a resolve like a tip of the sword deal and it’s the feeling you get when you know that whatever it is you’re doing matters among the group.

Your true vile colors shine...you are only masquerading as sacred and holy but you are undoubtedly hypocrites empirically doing the reverse from the teachings of the Catholic Religion. Maybe, instead of trying to destroy PDU30 and his government, you should focus on the good and kindness to that 90 % of the Philippine population of 90 million who are living in marginalized poverty that don't eat at all or can't eat as often. If you cannot be turned back now from your unbridled desires, remember, when your iniquity will be at the fall, fate will meet with you.

These hypocrites in Cassocks attire thought that the most important life-forms are money, popularity, and power. But it is in the love for mankind that actually runs the vast machinery of life. The grace of God is somehow keeping the great enterprise of life streaming forward.

NEVER AGAIN TO HAVING A COMMANDER AND CHIEF

I say this country is easy to govern because most Filipinos are a very obedient group of people. It is the leadership that is lacking.

When Duterte became President, it would be a crossroads that in many ways crystallize everything that had brought him so far from home. It was the end of the magical political odyssey in Davao City and a final step into the national spotlight. He assembled all the little ordinary outdated pieces of himself and walked on to rule the country as president for all ages, styles, and colors. In his first encounter of a Super Typhoon named Ompong, his bravado backed by a devilish brilliance has made him a distinction from all previous presidents.

In the previous presidents, Filipinos are suffering from a very serious inferiority complex. Every time our country suffers catastrophe we beg on bended knees, looking for a pittance. So, it was a problem of inferiority complex; they don’t believe in themselves. They don’t even see the country as theirs. Likewise, during typhoons, all those previous presidents were afraid to dip their toes in the water. Thus, we have those kinds of presidents who were Commander and Chief who only speaks to the Ground Commanders from a distance and only goes out when the television light flickers.

At last, with PDU30, We have a hands-on leader who has a man-to-man monitoring initiative. He led us towards action, not just informed. Not just "invited", but led, inspired, empowered. He is a Leader, who decides to get serious and make a bold stand for our wonderful country, do some butt-kickery, at least on that to those inefficient and unproductive sycophant officials. If not, things would get worse, really fast.

With PDU30, this is the critical variable in regaining our pride and dignity by being friends to all and enemies to none. But we have to remain strong in the eyes of the world. We cannot beg on bended knees for a pittance if we want some respect and be treated as their equals. Nobody achieves success by begging. One must put up an obnoxious amount of work to succeed.

It is a sad state though that while PDu30's whole life was wound around his duties and obligations just to make lives better, the intense envy of his enemies turned into hate, furious and bitter. These enemies have in their nature to fixate upon the suffering that they can cause to PDU30, adding grief to grief by their cruel treatment whose work they also have benefitted. But the paradox is, instead of PDU30 getting furious; it made him work harder than anybody else. Now, it became clear that PDU30’s presidency will not only be about a drive to greatness but also about a journey into history. And even to be looked up to as the best president and the champion of the poor, it would be less a contest than a coronation.

THE SUCCESS AND FAILURE OF THE TWO SUPER TYPHOONS

History revealed our country is experiencing at least 22 typhoons per year as flooding continues to plague the Philippines since time immemorial. With its predictable path, typhoons have become so visible even to bats that provided everyone considerable warnings before they even hit the country. Likewise, the scenes on television on how the victims themselves struggled to save their own lives truly awakened the government on the pattern of the flood disaster. We now have the experience which is the best source of knowledge.

We are going to compare how the Super Typhoon Yolanda was handled by Pnoy administration as against how PDU30 handled the Ompong super typhoon that just hit the country only on September 15, 2018.

In the Pnoy administration, it was Mar Roxas only who was sent by Pnoy to Tacloban as the overall in charge. When Yolanda hit Leyte, the place where Roxas spent the night, he was asleep and it was the Typhoon Yolanda that awakened him in his hotel. In the aftermath of the Yolanda where all the damaged areas were in ferment unrest, Mar Roxas was into a feud with Tacloban Mayor Alfred Romualdez. Hence, all preparations crumbled in a domino effect: Donations from foreign countries in Billions and Billions of cash money were pocketed. The other donations like food packs, rice, personal hygiene kits, etcetera, were being profited from the officials’ cooperation. The disaster victims who were the ugliest of beings-- hungry and starving to death were like dogs waiting to be feed with leftovers. The death toll reached a record high of 10,000 people.

In the recent Super Typhoon Ompong, PDU30 put Francis Tolentino as the Point Man but PDU30 was on top of everything as he monitored the path of typhoon Ompong in every province that was hard hit. That’s why, everything that could be seen as the worse scenario in times of disaster turned into a fantastic one--always being able to find order in evacuation centers, like medicines, food, and shelter, and practically everything is there once and for all. Thank God, as of this writing, only almost 54 people were confirmed dead so far. 

Indeed, both Roxas and PDU30 choose their own outcome in their respective task from the different super typhoons Yolanda and Ompong. Roxas chose to be remiss of his duties and with it; he suffered the pain of being haunted by regret. In the case of PDU30, he chose to suffer the pain on the road to success drawing admiration from every corner of the world and be remembered with love and respect.

WHAT DID THAT MAKE SP SOTTO DO IT

By his impassioned display to protect Trillanes, SP Sotto has created a spectacle drawing shockwaves rippling around endless road of slum and slime. The Senate Hall must not be used as a haven for thugs especially if he is a menace to the society like Trillanes. That seems to be the issue that PDU30 and Sotto must start to go in opposite directions.

We, Filipinos know, as an actor-comedian SP Sotto was humiliated in that actress Pepsi Paloma rape case. Maybe, because of it, Sotto is looking for a source of pride to redeem his reputation. However, putting yourself in anybody’s basket whose actions poses danger to our country as Sen. Trillanes, was a corrupt intent and surely, Sotto’s desires boomerang to humiliate him once more.

The issue about Senators’ arrest was not without precedence contrary to what SP Sotto inappropriately led us to believe. Sometime in June of 2014, Sotto, as a Senator, was a witness to the arrest without a warrant of Senators Enrile, Estrada and Revilla in the Senate Hall during Session for non-bailable charges of plunder. Why did Sotto not “protect the tradition and dignity of the Senate”?

SP Sotto in much of his rhetoric of maintaining the tradition and dignity of the Senate is just a creative license fitted to be treated as immature discourse and a cesspool of political bias that we’ve seen. This is a gross violation of the principle of separation of powers of the 3 branches of the government; that there are aberrations and they cannot become the new norms. That way, the country must not succumb with such tattered standards and sunken expectations. Our task is quite simply to keep alive the respective independence of the 3 branches of the State, namely: the Executive, the Legislative, and the Judiciary.

Even if putting it for the nonce, that Sotto resented such arrest of Trillanes without a warrant, he has no right to obstruct what has been the exclusive undertaking of the Executive Branch and let the Judiciary Department take its course, if indeed there was an issue of illegal arrest. As it is, the stand of SP Sotto is the height of misplaced arrogance by going beyond the limits of his authority and power in such a capricious and whimsical manner.

WE’RE LITERALLY AT A POINT WHERE THEY ARE RIPPING US APART

This unified front of the opposition, the Yellows, spells a new type of danger for the government. The Catholic priests, Ex CJ Sereno, Senators Trillanes, Drilon, Pangilinan, Hontiveros, Aquino, with the concurrence of the rest are seen on Facebook, in rallies, in church masses, in television news and interviews calling the AFP and the PNP to join them to oust PDu30. The Television channels are routinely and expectedly spreading news perceiving the uncertainty in the country about the high prices of all basic commodities and the inflation sending concerns even alarms, and markets tumbling.

These enemies of the people are the real threat and very dangerous adversaries as they can do anything for all the wrong reasons with their riches, fame, and influence. Their enormous determination to topple the government was shaped by the fact that they are in the same boat which keeps themselves tightly in each other's grip to protect one another till death do them part.

This must be so, because all of them are facing scary, ugly, and humiliating kind of charges that are non-bailable like plunder, mass killing by Dengvaxia vaccines; syndicated corruption; protection racket on drugs and terrorism of the CPP-NDF and ISIS; profiting from tax evasion by the oligarch, election fraud, economic sabotage, Usurpation of authority, illegal government contracts, coup d’etat. Their only chance to save themselves from prosecution is either to kill PDU30 or oust him as president.

PRRD may have the same thing as “I gave my enemies a sword and then they rammed me through.” I HOPE PRRD would see the light of day sooner than later before all of us are stunned by the quick turn of events. Please PRRD, don’t wait until the time that your people will be driven in regress and ruminate after the fact because everything was already too late.

THE FLAT OUT BOGUS SENATOR

Understanding the article entitled “Shabby Family” allegedly from the comments of COMMODORE VICENTE CEJOCO, AFP, PMA CLASS 82-- Antonio Sr, PMA class 1959, when assigned at the PMA Baguio, and his wife riding on the occasion were corrupt. So the syllogism is Antonio Sr and his wife are corrupt. Senator Trillanes is their son. The conclusion is Sen. Trillanes cannot be otherwise but is also corrupt. With such vilification, the refusal on the part of Sen. Trillanes to face head-on the charges thrown against him and to his parents by Commodore Cejoco, is contrary to the impulse of an innocent man, who when accused of wrongdoing is eager to express his innocence at the first opportune time. But Sen. Trillanes did not. 

I agree that the façade that Trillanes wants to portray to the public as immaculately honest person fitted to be a savior to this country is finally removed as the mask is finally exposed because it has been the charade for decades. He is flat out bogus and is moving straight out of his father’s playbook which has drilled into his veins. As it is said, even if you put a dress silk on a goat it is a goat still. 

In fact, from the findings of Presidential Anti-Corruption Commission (PACC), Trillanes’s creed is mine, mine, mine, who cares if there is still left for others to survive; you can rob and steal in your way to glory. It is a mindset based on a mantra to “own everything” if given a chance. In the words of Robert Browning, “Ah, but a man’s reach should exceed his grasp/or what’s a heaven for?” 

More words, Trillanes cannot afford to be disrespectful and dare to talk with an unguarded tongue and/or with a baleful pen because he has a treasure trove of vilest and distasteful reputation.

SP SOTTO IS SWIMMING AGAINST THE STREAM

By his impassioned interference to protect Trillanes, SP Sotto has created a spectacle drawing shockwaves rippling around endless road of slum and slime. The Senate Hall must not be used as a haven for thugs especially if he is a menace to the society like Trillanes. That seems to be the issue that PDU30 and Sotto first start to go in opposite directions. 

We, Filipinos know, as an actor-comedian SP Sotto was humiliated in that actress Pepsi Paloma rape case. Maybe, because of it, Sotto is looking for a source of pride to redeem his reputation. However, putting yourself in anybody’s basket that is a menace to the society as Sen. Trillanes, was a corrupt intent and surely, his desires boomerang to humiliate him once more. 

The issue about Senators’ arrest was not without precedence as what SP Sotto inappropriately led us to believe. Sometime in June of 2014, Sotto, as a Senator, was a witness to the arrest of Senators Enrile, Estrada and Revilla in the Senate Hall during Session for non-bailable charges of plunder. Therefore, Sotto cannot feign ignorance about it. For Trillanes who has committed a crime against the State, the stand of SP Sotto and his comrades in acting as a human barricade for Trillanes is raising quizzical eyebrows. 

ANYTHING IS POSSIBLE AT THIS POINT

Looking at PDU30 yesterday on TV, I saw various degrees of dismay and in a sorry state of resignation on his face as he talked with humbleness and awe. The Yellows, the media, the clerics, the oligarchs, NPA-NDF, the Magdalo, led by Trillanes and Alejano who look like a Siamese twin, these fragments have now come together into a synthesis, and a new entity emerges with enormous determination to hold together.

What these enemies are doing now is flipping the paradigm of peace and progress, really creating total chaos, pulling down our government, and leaving behind a divided ruin. How would that be our country’s interest is difficult to fathom. How is it advancing their agenda of sowing disorder and pushing everyone to the grave making our country great again? The law of unintended consequences is surely in play.

I certainly don’t know what concessions PDU30 can make at this point and he almost has nothing left anymore. The Filipinos are now asking PDU30, what could possibly be the plan, what have you got up your sleeve if anything? Whatever it is, you have to do it quick and fast. The situation is now equivalent to a skull offering before the stratospheric banquet of history and it must be set aside and ordered removed from the annals of this fledgling country.

My beloved President, your decision, whatever it is, will only be either we win as a nation, or we are going to crumble. In every tick-tack on the clock that PDU30 will passively sit and watch, the damages to our country accumulate. In every break that he will take, every minute, every second, the enemies will creep in range inch by inch toward our grave of disaster.

The threat posed by the ENEMIES has shifted from being potential to immediate; from being serious to existential. Now, LET’S STOP IT.

INTERPRETING A LAW SO BASIC AND FUNDAMENTAL

It was announced on the TV News last night the IBP allegedly made a stand regarding the issue whether or not the signing of the amnesty of Sen. Trillanes by former Secretary of Defense Voltaire Gazmin instead of former Pres. Pnoy was valid. According to the IBP concerned, it was valid because if a president can delegate his power in the signing of foreign treaties, it can also delegate his power in the granting of Amnesty.

In the decisions of the Supreme Court in the cases of VAN D. LUSPO vs. PEOPLE OF THE PHILIPPINES, G.R. No. 188487, February 14, 2011; SUPT. ARTURO H. MONTANO and MARGARITA TUGAOEN vs. PEOPLE OF THE PHILIPPINES, G.R. No. 188541, February 14, 2011, and C/INSP. SALVADOR C. DURAN, SR. vs. PEOPLE OF THE PHILIPPINES, G.R. No. 188556, February 14, 2011, it consistently and continuously ruled as follows:

Public officers exercise discretionary and/or ministerial duties. A duty is discretionary if the officer is allowed to determine how and when it is to be performed and to decide this matter one way or the other and be right either way. This duty cannot be delegated xxx xxx xxx.

On the other hand, a ministerial duty is one that requires neither the exercise of official discretion nor judgment. It connotes an act wherein nothing is left to the discretion of the person executing it. It is practically a mechanical act; hence, it can be delegated to others.

Pursuant thereto, the granting of Amnesty is a discretionary duty of a President of the Republic and cannot be delegated because it is something where he has a discretion one way or the other to grant it or not. Consequently, the IBP concerned is absolutely wrong.

Looking at the present instance with an absolutely objective eye, it is paradoxical and is revolting to conscience that people trained to interpret the law are sowing confusion to the public on something so basic and fundamental to the detriment of their reputation and their profession especially where it is one’s profession and honor that hang in the balance. The sad thing is, they were not fooling anyone at all. They only ended up making a fool out of themselves in the process.