Showing posts with label Executive Privilege. Show all posts
Showing posts with label Executive Privilege. Show all posts

Thursday, March 06, 2008

EO 464 and the death of Godzilla

Finally, EO 464 was scrapped but its baby, Memorandum Circular (MC) 108 remains enforced. And we do not know if there are still a number of babies awaiting to get out of their shells. Parang Godzilla. They killed the mutant mother reptile without knowing that underneath, mas marami pa pala.

Bayan Muna, however, says it's a victory. The Catholic Bishops (most of them if not all) says they are pleased. Just like the mayor and the general in the Godzilla movie. Ang problema nga lang, they seemed to forget the succeeding moves of the power game. Una, what will happen to the legal issue raised by Romulo Neri before the Supreme Court? If the case was anchored strictly to EO 464, there is a greater likelihood that the high tribunal will dismiss the petition for being moot and academic. In a sense, hindi pa rin mare-resolve kung hanggang saan ang boundaries ng executive privilege ng presidente. Talo pa rin ang mga Pilipino.To note, even the Supreme Court Spokesperson Jose Midas Marquez admits that the executive privilege is innate in the president and can be invoked anytime.

Ikalawa, EO 464 is not an assurance that Neri will be spilling the beans. During the time of the Senate hearings for the Jose Pidal account, Iggy Arroyo had been invoking to the teeth his right to privacy. How sure are the Filipinos that Neri and the others will not also use the same old worn out line?

And we may not know. Somebody might spill some blood to keep the beans in the basket. Parang accident ga', sabi ni Dodong.

Pero teka, if EO 464 is Godzilla with the documents like MC 108 and the ZTE Contract as the babies, asan yung isla kung saan nag-mutate si Godzilla? Is Ricky Carandang correct na ang isla na yun ay ang Spratlys? Hmmmnnnn....

Wednesday, March 05, 2008

Dirty minds

On the idea that the joint activities with China to explore the Spratly Islands was only arrived at to secure loans for the Philippines, Justice Secretary Raul Gonzales just said: Nothing, nothing. That is a lot of speculation by people who have dirty minds.

On one of his posts, Ricky Carandang expounded his theory on the possible connection of the NBN-ZTE Contract to the joint Philippine-China activities on the exploration of the Spratly Islands. And it looks there is a sense. For instance, bakit nga ba dumami ang loans ng China sa Pilipinas? At bakit sunod-sunod ang mga kontrata na kahit palpak pinipilit pa rin na isulong? Consider the Northrail project among others. At ngayon, ang ZTE Broadband deal. Does this prove Leuccipus who said that "Nothing exists at random but out of reason and out of necessity"?

Mukha nga. With the uncommon common sense of Ms. Gloria Arroyo, it is not impossible for her to sell even the whole Philippines. Consider the fact that she still signed a highly irregular and anomalous contract despite her knowledge about it.

A third evidence is provided by the 2004 presidential elections and the "Hello, Garci!" recordings. One, bakit atat manalo si Ms. Arroyo? At bakit di dapat bumaba sa 1 million ang gap ng boto nila ng second contender? Bakit di na lang iasa sa tunay na saloobin ng taumbayan? Will her loss mean a lot like life and death? Hindi kaya dahil me cash advance na sa China at kung hindi siya manalo baka mag-leak agad ang anti-Filipino Spratlys joint exploration ng gobyerno ng Pilipinas at China? At kung walang cash advance, san nga ba kumuha ng pera na ginasta? Tingin ni Aling Maria, tunay na pista ang 2004 elections. Surely, hindi lang yun dahil na-liquify ang fertilizer funds o iba pang government funds.

At any rate, Aling Maria and the others may just have dirty minds. But why is Ms. Arroyo hiding her hands with the invocation of the executive privilege? And why is she not pushing for the prosecution and incarceration of those who caused the flaws of the contracts she signed? Kala ko ba galit din siya sa katiwalian? Why, is her hands dirty that she is trying to hide them?

Corruption, a matter of executive privilege?

In Tuesday's hearing on the question of law filed by Romulo Neri with regards his attendance to the Senate probe on NBN-ZTE Scandal, an agreement was reached. According to the high tribunal, Neri should attend the hearing but could not answer the following questions:
  • Did the President (Gloria Macapagal-Arroyo) ask him to approve the contract despite his report of bribery and kickbacks?
  • Did the President order him to prioritize the project?
  • Did the President follow up on the contract?
It is said that those are matters of executive privilege, questions that clearly give the clues as to whether or not Arroyo indeed took a dip in the honey of corruption.

Kung sabagay, the Senate probe is not about whether Arroyo is corrupt or straight but as to whether or not the NBN-ZTE Contract is indeed anomalous. Isa pa, di pa naman nagbibigay ng final na desisyon ang Korte Suprema defining particularly what executive privilege really is and what are its limits and boundaries. But given these developments, and if in the end the Supreme Court will sustain the result of the compromise agreement, magkakaroon na ng precedent ang mga susunod na administrasyon. Una, puwede palang mangurakot ng mangurakot and when probes like the one being done by the Senate is conducted, i-invoke lang ang executive privilege. Ikalawa, magiging "for display purposes" na lang talaga ang Sections 27 and 28 ng Constitution which we quote:

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.


Similarly, useless na rin ang mga anti-graft laws natin at laws on the code of conduct of public officials and employees dahil sa pamamagitan lang ng executive privilege, free as a bird na ang mga nasa top positions covered by the executive privilege.

Pero di pa naman tapos ang lahat. We still believe that the Supreme Court is still independent and that it can end the crisis involving executive priveleges in the soonest possible time.