The Enrile book controversy

 

When everybody thought that in his younger years during the Martial Law, when he was one of the most trusted and powerful henchman of President turned dictator, Ferdinand Marcos, then defense secretary Juan Ponce Enrile deserved to be hailed as heel turned hero, now in his old age, but still lucid and brilliant, Senate President Juan Ponce Enrile is being perceived by many, who continues to have vivid memories of the Martial law, as hero turned heel.

Blame it to the portion dealing with Martial Law in his 754-page autobiography, which he titled, “Juan Ponce Enrile: A Memoir“.

While many believed, coming from the horse’s mouth, that Enrile faked his own ambush as an ultimate justification for declaring Martial Law, now in his memoir, he is vehemently denying he staged it – meaning that it never happened in any way, shape and form, and much less having mentioned the attempt on his life to anybody.

This is what has started the latest Enrile conundrum.

There is no denying that what made Enrile a heel was the fact that as Defense Minister, he presided over the Executive Committee of the National Security Council in those ominous days, thus making him one of the prime architects of Marcos’ martial rule.

But, Enrile emerged a hero, however, when he and then Lt. Gen. Fidel Ramos abandoned Marcos and joined the growing and determined people’s revolt against the regime. This after, Enrile sensed that Marcos lent his ears more to Gen. Fabian Ver, then the chief of staff of the Armed Forces of the Philippines (AFP). Clearly he was falling out of grace and the rest is history.

If for the past 40 years, history, wherever and whenever one looks at it or researches and reads about it, states that Enrile revealed details of the public deception he had perpetuated while serving in the Marcos government, including his knowledge of fraudulent voting in the 1986 presidential election and faking an assassination attempt on his own life in 1972, which helped provide Marcos with the justification for declaring martial law, then why is he contradicting and, in fact, refuting history now?

I used to dislike Enrile simply because of his long, close and opportunistic association with the strongman Marcos and the resultant of their partnership, but over time I softened up. His performance in the Senate somehow has vindicated his tainted past. Never mind the wealth he amassed during his heydays with the politician turned despot.

I have a number of blogs about Enrile expressing my high regard for his ability and brilliance despite his advanced age. Crowning it was his superb handling of the impeachment trial of the corrupt former chief justice Renato Corona that led to the latter’s conviction.

But, Enrile’s recently published memoir that is causing a lot of controversy because of his adamant denial that his staged ambush never ever happened leaves a bad taste in my mouth, and to many, who have seen this dark part of our country’s history conceived and executed, and who, in many replays of his historic interviews, have heard him admit that the assault on his life was, in fact, faked.

We may have forgotten some of the events that unfolded in our history’s dark past participated by some people of lesser lights, but we can never forget the significant roles of the key players who plotted the conceptualization and actualization of Martial Law that brought chaos, miseries, atrocities, displacements, disappearances and deaths, which eventually led to a successful and unprecedented people power revolution.

What Enrile’s book controversy boils down to is a choice between history’s voluminous accounts that says one and the same thing, and supported by testimonies of those still alive, on one hand, and, on the other hand, that of Enrile and his own self-serving version, which has only been discussed and disclosed nonchalantly in his recently published memoir.

You be the judge.

An able Chief Justice we will never have

 

Supreme Court Associate Justice Antonio Carpio

Jack Welch, the outspoken former GE CEO and management guru, once said: “Control your own destiny or someone else will.”

This may have happen to many of us – that someone else has been able to alter the path that we wanted to follow. Not that it cannot be reverse using our will, but if it is somebody powerful and influential who has all the resources to redirect the way we want to go, somehow it makes you a failure to get where you want to be and to fight will only be an exercise in futility.

Such is the case of Associate Justice Antonio Carpio.

It is every lawyer-worth-his-salt’s dream to, one day, assume the leadership of the highest court of the land – the Supreme Court (SC) and Carpio did not only worked hard for it, but had the years poised to replace Chief Justice (CJ) Renato Puno upon the latter’s retirement on May 17, 2010.

Destiny would have been Carpio’s, but for President Gloria Macapagal Arroyo’s (GMA) intervention, it was not meant to be.

GMA chose her yes man, Renato Corona.

It will be recalled that President Arroyo named Corona as SC associate justice on April 9, 2002. He was one of the youngest magistrates ever appointed to the high tribunal. Before that, he was President Arroyo’s chief of staff, spokesman, and acting executive secretary.

Though Carpio was also a GMA appointee, the former knew he could never be the latter’s choice as a check on previous Supreme Court rulings on controversial cases involving the Arroyo administration revealed that Corona usually voted in favor of the administration while Carpio voted against it.

The rest is history as everybody knew that with Corona at the helm, and with almost all of the members of the high court her appointees, she was assuredly clothed with legal protection if and when she bows out as president.

Or that was how she thought and believed it would be, until the shit hits the fan and she found herself confined to house and later to hospital arrest and Corona was not able to save her, nor Corona been able to save Corona himself.

So, what makes me say then that Carpio is an able CJ that we will never have?

Because, from the very beginning, and even while he was still a student, Carpio already showed the kind of person that he was.

“Let us not…delude ourselves into believing that a new constitution would immediately eradicate the ills that plague our country. Nor can we expect that tinkering with the constitution will totally purge it of its defects and make this nation great again…. One thing we cannot afford to overlook nor downgrade the importance of the human element. A basically workable constitution or law can become defective in the hands of enthroned rascals, as we are now experiencing,” wrote Antonio Tirol Carpio.

No, this was not written recently but was penned by him when he was a 20-year-old senior economics student of the Ateneo de Manila University in 1969. Published in The Guidon, of which Carpio was then editor in chief, the piece mirrored tumultuous times.

What he wrote then was providential, if not prophetic, for the injustices and societal inequities that he was fighting against during the Marcos regime continued throughout his career in law and the judiciary.

“The most important qualification of a judge is independence, not brilliance,” Carpio once told a former associate, and that explains his actuation in the SC.

Isn’t this what the SC justices are all about – has mastery of the law, has independence of mind, has delicadeza or high sense of propriety, has respect for the constitution, has unquestioned integrity, and is not a political stooge?

Alas, Carpio qualifies as an able CJ, but he will never be one.

Not during President Aquino’s watch.

 

 

Time to resolve ex-President Arroyo’s fate

Former President Gloria Macapagal-Arroyo

Now that the nation knows that it can be done – sacking no less than the former head of the country’s judiciary, Renato Corona, whose beclouded integrity was blown away at the senate impeachment court to reveal his deceitful persona, which was deemed to be the most respected public servant in government, let’s get the momentum going by resolving ex-President Gloria Macapagal-Arroyo’s (GMA) fate.

Never has such an opportune time arrived to be taken advantage of as it is today, when the public has seen that something good has, after all, resulted from Corona’s ouster, what with public officials now signing waivers of their SALNs.

In fact it could not have gone better than this now that the largest Catholic charismatic movement in the country, the El Shaddai, led by Bro. Mike Velarde, has issued a statement regarding politicians seeking the backing of the influential sect to reveal their SALNs first.

I hope other religious denominations, led by the Catholic Church, will have the gumption to do the same.

This development could only mean that we are heading towards the right direction, and the support of all sectors in society is needed in pursuing, without delay, the case of corrupt practices committed by then President Arroyo and her administration.

Alleged crimes of ill-gotten wealth, plunder, and other heinous crimes and human rights violations against the people are no less a crime than the “palusot (excuse)” crime ably exposed by Rep. Rudy Fariñas about erstwhile CJ Renato Corona.

The Office of the Ombudsman has affirmed criminal charges against GMA and three co-accused in the alleged unlawful deal with China’s ZTE Corp. for the implementation of the national broadband network (NBN) project.

The three others who never had it so good while in power are former First Gentleman Jose Miguel Arroyo, former Commission on Elections chairman Benjamin Abalos Sr. and former Transportation Secretary Leandro Mendoza.

With former Ombudsman Merciditas Gutierrez and former CJ Renato Corona, both known allies of GMA and considered major stumbling blocks to the prosecution and conviction of the latter, now having met their inglorious fate, the public eagerly awaits the seriousness of President Benigno Aquino’s resolve and drive against eliminating corruption in this country. The time has come, therefore, to decide on Arroyo’s fate.

The whole world is watching us if, indeed, we can get our acts together as we seek to be honorable once again and earn the respect we so badly need as a nation.

President Aquino should seize this moment in history as his legacy by turning around a lethargic country plagued by politics and corruption into becoming a dynamic, prosperous and exemplary one.

The SC’s unreasonable TRO

 

CJ Renato Corona

The impeachment trial of Renato Corona, which is hampering the smooth governance of this country and pestering, if not numbing, the sensibilities of the Filipino people could have been easily cut short if the senate, sitting as an impeachment court, voted for the rejection of the Supreme Court’s (SC) issuance of a temporary restraining order (TRO) on the opening of the dollar accounts of the Chief Justice (CJ).

The proceeding that is being undertaken to find out whether or not CJ Corona committed culpable violation of the Constitution and/or betrayed the public trust when he failed to disclose to the public his statement of assets, liabilities, and net worth (SALN) as required by the Constitution  or that he is suspected of having accumulated ill-gotten wealth, acquiring assets of high values and keeping bank accounts with huge deposits… is not about going against the propriety of the SC as a co-equal branch of government, but rather looking into the propriety of the person, whether or not he deserves to be where he is ensconced at.

It is not about the office. It is about the integrity and the ascendancy of one where trust and confidence are reposed upon for leading the critical judicial system of the country.

I am not a lawyer, but if the thinking of a non-lawyer jibes with the pronouncements of some members of the SC who is suppose to be independently minded, then where could I go wrong?

As an ordinary citizen confronted with this negative historical event, I, like everybody else, simply wants the truth, the whole truth, and nothing but the truth.

If CJ Corona is clean and does not want people to think that he has committed a crime, and if his dollar account is what is going to set him free, for it is the truth, then why did he still seek the help of his colleagues, most of whom, like him, are ex-President Gloria Arroyo’s appointees, to issue a TRO?

“The world will now know that Philippine foreign currency deposit accounts provide a much better safe haven for ill-gotten wealth than Swiss bank accounts,” Supreme Court Senior Associate Justice Antonio Carpio said.

Similarly, another dissenting opinion coming from Associate Justice Maria Lourdes Sereno said that the Supreme Court order stopping the opening of Chief Justice Renato Corona’s dollar accounts has created “a safe haven for criminal acts” and “cultivated an atmosphere of impunity.”

Indeed, Republic Act 6426, the Foreign Currency Deposit Act, is intended to protect non-residents to encourage the inflow of foreign currency deposits in Philippine banks.

But, no doubt, it also serves as depository for privacy of your money, whether legally owned or ill-gotten.

So privacy is a big deal if you have caboodles of money you don’t want other people to know about.

But, what is wrong with having huge amount of foreign currency kept secret in a bank if disclosing the same or giving instructions to the bank to disclose the same won’t taint the integrity of your persona?

Why continue adopting the doctor/patient privacy or the lawyer/client confidentiality if all information/entry contained therein are above board?

It is sad to say that, where the truth was near to being revealed, with the untimely and unreasonable TRO, it has made a doubtful concealment of the truth. Definitely this does not speak well of the justices that formed the majority decision.

It is even despairing to note that majority of the senator-judges opt to agree with the ruling of the SC when they could have made this dismal trial end sooner than later.

 

Corona safe from being midnight appointee

Ever since President Benigno Aquino acknowledged Renato Corona during the “Red Mass” at the Manila Cathedral on July 7 and in his first State of the Nation Address on July 26, there was already an understanding, agreement and an acceptance that he was a legal appointee of the outgoing president Gloria Macapagal Arroyo as the Supreme Court chief. The Supreme Court’s confirmation was simply unassailable, as it was irrefutable.

So, why stir up the hornets nest when the chief arbiter of the land, the Supreme Court, has spoken and the going is good for PNoy?

Amid the controversy of the midnight appointments of the previous Arroyo administration, Chief Presidential Legal Counsel Eduardo de Mesa said the validity of Corona’s appointment has already been settled by the Supreme Court.

However, some members of the judiciary, executive departments, agencies, offices, and instrumentalities including government-owned or controlled corporations, may be included in PNoy’s directive contained in Executive Order 2 “recalling, withdrawing, and revoking appointments issued by the previous administration in violation of the constitutional ban on midnight appointments.”

The EO specifically cited Article 7, Section 15 of the Constitution, which states that “two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

Malacañang is said to be questioning now 977 midnight appointments made by former president Arroyo.

“The sheer number of these appointments gives basis to the opinion or belief that they were made for the purpose of depriving the next President of the prerogative of making these appointments,” De Mesa said.

It looks like former president Arroyo simply and arrogantly shrugged off a landmark Supreme Court decision in the case of Aytona v Castillo, where the outgoing administration during an election period was “enjoined from performing acts that would embarrass or obstruct the policies of the successor or negate the successor’s executive prerogative to exercise his appointing power.”

Arroyo’s numerous political patronages while ending her term of office has definitely left a bitter taste in every decent citizen’s mouth.

Corona clears self from any indiscretion

Renato Corona as chief justice of the Supreme Court (SC) was not a bad choice after all.

It was not as if he was asking for it, but like a good soldier, he simply accepted it as he was made to assume it. After all the position is the ultimate of any lawyer’s dream and ambition.

Corona has already made history.

If ever there was an indiscretion committed, it was done by President Gloria Macapagal Arroyo whose bull-headedness went against the grain of decency and propriety and proceeded to make a midnight appointment out of the chief justice position.

It would have saved her a lot of negative reactions had she just given the authority to name the next chief justice to incoming president Sen. Benigno “Noynoy” Aquino III.

That is, however, water under the bridge now.

Whatever negative opinion Corona must have gotten on his controversial appointment, he seem to have overturned it and did laudable justice to himself in his latest moves as head of the SC.

Corona’s plan to convene the Judicial and Bar Council (JBC) to allow the next president to name the 15h SC justice before the Aug. 17 deadline is an act of selflessness, greatness and the highest order of morality.

Corona, who is also the JBC chairman said:  “The vacancy occurred last May 17 so the (next) president has until Aug. 17 to make the appointment.”

While there may be changes in composition of their members, he assured, however, that it would not delay the selection process.

To the critics of Corona, this is simply showing them the strength of mind and the probity of the chief justice.

To his peers in the SC, it is a realization that Corona, after all, is fair and just in advocating for a level selection field among justices. He just could not say no to Pres. Arroyo then.

Another move that is endearing Corona to the public, in his short stint, is his project Justice of Wheels which he launched to speed up litigation of cases involving poor families.

It is said to be working exceptionally well.

Crony politics

Gloria Macapagal Arroyo has barely a month to stay as president, yet she continues to be as recalcitrant as she can ever be.

Not contented with having appointed Renato Corona as chief justice of the Supreme Court, Arroyo has shown again her hostile and antipathetic character by reappointing Efraim Genuino as chair of Philippine Amusement and Gaming Corp. (Pagcor), extending his term into the incoming administration of apparent president-elect Benigno “Noynoy” Aquino III.

Why can’t the outgoing president simply have the courtesy, the civility and the graciousness to allow her successor to make the appointments of government positions?

It is not a question of the appointment by Arroyo being “above board,” as Elena Bautista, chief of the Presidential Management Staff, claims it to be.

Rather, it is more a question of propriety, of respectability and of good breeding that she has to defer all her midnight installations in recognition of the authority of the newly elected president.

Actually, what President Arroyo is doing is simply playing crony politics.

One time or another Arroyo must have elicited some favors from her close friends or cronies.

It’s pay-back time. Quid pro quo.

Nothing wrong, perhaps, with that, but why make it a contentious legal issue to be debated upon and resolved by the new administration when it could have been avoided in the first place?

Can’t we just turn over the reins of power and let the new administration make the choices they want for the government positions?

Hope we have seen the last of President Arroyo’s midnight appointments – for the good of the nation.