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PostPosted: Fri Jan 08, 2016 8:57 pm 
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1. DAP a solid case against Abad and Pnoy.

2. SAF 44 another solid case against Pnoy

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PostPosted: Fri Jan 08, 2016 8:59 pm 
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My beloved Pres. Binay will never prosecute PNoy...

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PostPosted: Fri Jan 08, 2016 9:06 pm 
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Caguioa says Aquino will face charges
posted January 08, 2016 at 12:01 am by
Rey E. Requejo

JUSTICE Secretary Alfredo Benjamin Caguioa said Thursday he thought it was likely that President Benigno Aquino III will be charged for approving the Disbursement Acceleration Program, which was ruled illegal by the Supreme Court in 2014.

In an interview before members of the Judicial and Bar Council who are screening candidates for the Supreme Court, Caguioa said although he and the President have known each other since they were schoolchildren at the Ateneo de Manila, he would not favor him in court.
Justice Secretary Alfredo Benjamin Caguioa

“My father was a judge. I know how a judicial mind thinks. As a judge, I will wear an altogether different hat,” he told the council, adding that he had “no bias or inclination” in whatever facts are presented to him and whatever law to apply.

“As judge, I will be confined to what the facts are and what the law is,” Caguioa said, fending off objections to his appointment to the high court purportedly because he will only defend his childhood friend.

At the same time, however, he spelled out why his childhood friend should not be prosecuted for the DAP.

“As a matter of law and my appreciation of facts as I know them, I don’t believe he should be charged precisely because of the operative fact doctrine and good faith... but in today’s world, he probably will,” Caguioa said.

Caguioa also cleared the President of any liability for unconstitutional acts in his Disbursement Acceleration Program.

Caguioa referred to the portion in the Supreme Court’s decision in July 2014 that cited the doctrine of operative fact, which recognizes the validity of actions taken based on a law before it is found to be unconstitutional.

While the Court suggested that executive officials could be held liable for the DAP, Caguioa said the President was not among “the authors and proponents” of the program.

The Justice Secretary said that Aquino’s role in the DAP was “merely to exercise his discretion under the Constitution to augment” the budget by using savings and that this was an “allowable act.”

Caguioa, former chief presidential legal counsel and classmate from elementary to college of Aquino, said he believes that criminal charges that may be filed against the President in connection with the DAP controversy would not stand.

In its ruling in July 2014, the Supreme Court unanimously held that the acts and practices under the DAP violated the constitutional doctrine of separation of powers and the provision prohibiting inter-branch transfer of appropriations.

The high tribunal specifically struck down the withdrawal of unobligated allotments from implementing agencies and their use as savings prior to end of fiscal year, cross-border transfers of savings of the executive to augment funds of agencies outside the department and funding of projects and programs not covered by the General Appropriations Act.

It also voided the use of unprogrammed funds despite the absence of a certification by the national treasurer that the revenue collections exceeded the revenue targets for non-compliance with conditions in the GAA.

The justices said that while recipients cannot be held liable for benefitting from programs, activities and projects under the DAP in good faith, the executive branch cannot be instantly cleared of culpabiliy.

In their separate opinions, Senior Associate Justice Antonio Carpio and Associate Justice Arturo Brion have pointed to President Aquino and Budget Secretary Florencio Abad as the “authors” of the DAP who could be held liable for the illegal acts.

The two magistrates said Mr. Aquino and Abad are not covered by the doctrine of operative fact and cannot invoke good faith.

After defending the President, Caguioa vowed to be independent from the executive if appointed to the high court.

The Justice secretary said that he would not be biased or maintain a debt of gratitude to the appointing authority.

In the same interview, JBC members brought to Caguioa’s attention a letter opposing his nomination for the SC and alleging that he would be “protecting the interest” of Aquino and everybody in his outgoing administration if appointed to the judiciary.

Caguioa is among 16 nominees for the imminent vacancy in the Supreme Court to be left by the early retirement of Justice Martin Villarama Jr. on Jan. 16. Reports indicated that he has a greater chance of being appointed to the post due to his closeness with the President.

Apart from him, eight other aspirants faced the JBC in public interviews Thursday: Court of Appeals (CA) Associate Justices Apolinario Bruselas, Rosmari Carandang, Mariflor Punzalan-Castillo; Sandiganbayan Presiding Justice Amparo Cabotaje-Tang and Associate Justice Maria Cristina Cornejo, Deputy Ombudsman for Luzon Gerard Mosquera, Quezon Citizen’s Battle Against Corruption party-list Rep. Cinchona Cruz-Gonzales and former University of Manila law dean Joe-Santos Bisquera.

Today, the other seven bets will take their turn: CA Presiding Justice Andres Reyes Jr., Associate Justices Jose Reyes Jr., Stephen Cruz, Sandiganbayan Associate Justice Alex Quiroz, Solicitor General Florin Hilbay, former Commission on Audit chairperson Maria Gracia Pulido-Tan and Quezon City Regional Trial Court Branch 90 presiding Judge Reynaldo Daway.

After the interviews, the council is expected to come up with a shortlist by February, which means President Aquino may be able to name his sixth appointee to the Supreme Court before the period covered by the election ban on midnight appointments.

Posts in the Supreme Court, however, are exempted from the ban per Court’s 2010 ruling for the vacancy in the retirement of then Chief Justice Reynato Puno, which President Aquino had questioned.

The seven-member JBC is the constitutional body tasked to accept nominations and applications, screen them and come up with a short list of nominees for vacancies in the judiciary and the Office of the Ombudsman.

The Constitution requires a justice of the Supreme Court to be natural-born citizen, at least 40 years old, with at least 15 years of experience as judge of a lower court or lawyer. The law also requires that the magistrate “must be a person of proven competence, integrity, probity, and independence.”

Villarama was supposed to retire on April 14 next year when he reaches mandatory retirement age of 70. But in his letter to Chief Justice Maria Lourdes Sereno, the magistrate asked that he be allowed to retire on Jan. 16 due to his poor health.

Villarama had a double knee metal implant in 2013 and a cataract operation in 2014.

Of the 15 current justices of the high court, five were appointed by Aquino – Sereno and Associate Justices Bienvenido Reyes, Estela Perlas-Bernabe, Marvic Leonen and Francis Jardeleza.

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PostPosted: Fri Jan 08, 2016 9:07 pm 
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Revisiting Mamasapano
posted January 08, 2016 at 12:01 am by
Alejandro Del Rosario

Bad news for President Benigno S. Aquino III. The Senate is set to reopen the Mamasapano incident in which 44 members of the Philippine National Police-Special Action Force perished in a gun battle with elements of the Moro Islamic Liberation Front and Bangsamoro Islamic Freedom Fighters.

At the instance of Senate Minority Leader Juan Ponce Enrile who is in possession of new evidence, the inquiry by the committee on public order headed by Senator Grace Poe is reopening the case on Jan. 25—the same day exactly a year ago the massacre took place in a marshy field in Mamasapano, Maguindanao. The Special Action Force commandos were withdrawing after a police operation code-named Oplan Exodus took out international terrorist Zufliki Marwan. Caught in an open field, the outnumbered policemen engaged the MILF-BIFF guerrillas in a fierce gun battle until they ran out of ammunition. Those who surrendered were mercilessly butchered by their captors which was why the incident became known as the Mamasapano massacre.

Sources at the Senate said Enrile’s new information is based on the stand-down order of President Benigno Aquino not to provide artillery fire and reinforcements to the beleaguered police commandos who came under fire in an open field. Apparently, the information on Aquino’s stand-down order was provided by sacked PNP-SAF commander Gen. Getulio Napeñas, who was made the scapegoat of the botched police operation. Probably fearing the consequences of a tell-all testimony, Napeñas kept his silence and did not divulge this vital information during the first Senate hearing.

The reason given for the stand-down order, according to the same sources, said the President did not want to jeopardize the peace process and the proposed Bangsamoro Basic Law pending approval by Congress. Aquino and key Cabinet officials were in nearby Zamboanga while the fighting was raging in Maguindanao reportedly waiting for word of the successful police operation that turned tragic. Aquino broke the chain of command when he put suspended PNP police chief Alan Purisima in charge of the ill-fated mission.

Doing damage control early, Palace spokesman Edwin Lacierda said the President already owned up to his role but did not break the chain of command. President Aquino while in office has immunity from civil and criminal suits but he can be impeached for violation and betrayal of the Constitution if his culpability in the loss of 44 lives is proven beyond reasonable doubt.

But is it enough to claim responsibility without the corresponding consequences for his lapse in judgment?

The President could be answerable for sacrificing 44 lives to preserve the peace process and the proposed Bangsamoro Basic Law he deemed would be his legacy when he leaves office on June 30 this year. Mamasapano, instead, could be Aquino’s Waterloo.

It is doubtful, however, that Congress would find time in the middle of the political campaign to muster a quorum for an impeachment proceeding. Private parties who want to file charges against Aquino will also have to wait when the President loses his immunity.

The political personalities in this case bear watching. The chairperson of the Senate committee conducting the hearing is Senator Grace Poe who is running for president. Former Interior and Local Government Secretary Mar Roxas who was kept out of the loop in the secret police ops is also running for president. General Napeñas is seeking a seat in the Senate. Enrile is a former defense minister during the Marcos martial law years and still has a lot of intelligence sources in the military. While he is no longer running for public office and is looking at retirement in his home province of Cagayan, the venerable 91-year-old Senate leader wants closure to this case but only after full disclosure of all the details and circumstances surrounding the tragic incident.

Former PNP chief Purisima has already retired from the service but he could still be subpoenaed and questioned again in the Senate.

Will the Senate hearing arrive at the inconvenient truth in search of justice for the victims and relatives of the Fallen 44, or will it serve as a stage for politics? The outcome of the Senate hearing is crucial for Aquino as much as for his chosen candidate to get elected president. He needs presidential protection as soon as he becomes plain Citizen Aquino. Or presidential pardon in case he gets convicted. Will Aquino be accorded the same treatment he gave former President Gloria Macapagal Arroyo?

Talk about poetic justice, or karma. Indeed, what goes around, comes around. The Mamasapano tragedy has all the elements of a Greek play.

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PostPosted: Fri Jan 08, 2016 9:12 pm 
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PostPosted: Fri Jan 08, 2016 9:35 pm 
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Making Mar win
posted January 07, 2016 at 12:01 am by
Emil Jurado

PRESIDENT Aquino’s biggest worry when he steps down from Malacañang in July 30 will be the many criminal and civil cases he will face during his six-year reign.

I have been told that a group of legal luminaries and some justices have already consolidated the cases to be thrown against BS Aquino III as soon as he leaves Malacañang. They are not necessarily identified with any political group but they reportedly have been meeting regularly for the past years.

It is precisely for this reason, my sources say, that BS Aquino III will do everything possible—even cheat in next year’s election—to ensure that administration candidate Mar Roxas wins.

I’m not into conspiracy theories, but logic and reason dictate that knowing the inevitable, BS Aquino cannot just sit by and await the many charges against him. These could even land him in jail.

A sitting President still has awesome powers he can use to ensure the victory of his anointed candidate, that’s for sure. There’s still the Precinct Count Optical Scan machines or PCOS. If they did it in 2010 and 2013, Santa Banana, Comelec can do it again. There are still many “little Garcis” at the Comelec, I am told.

In my column yesterday, I brought up the news report that the Department of Budget and Management led by BS Aquino III’s clone, Secretary Butch Abad, and budget officials had said that 90 percent of the over P3-trillion national budget had already been released. This is allegedly to beef up long-delayed infrastructure spending. They said the release was authorized by the General Appropriations Act itself. The practice before was to wait for the Special Allotment Release Order.

My gulay, this means that the Aquino administration will be flooding the country with cash for the benefit of Mar Roxas!

If politicians on the other side of the political fence are not worried, I am. Funding at the grassroots level will make all the difference. This is the be-all and end-all of national and local elections.

We should not discount the fact that there are some devious people around Roxas and among the Liberal Party who know how to win elections. With him lagging behind in poll surveys, the President and his propaganda team cannot just sit by and watch him lose.

Aren’t the powers of the president awesome?

Of course, BS Aquino III and the Liberal Party know they are playing with fire in frustrating the will of the people. But political survival is foremost in their minds, especially for BS Aquino III, who certainly knows what he will be facing once he steps down.

What worries me more is the possibility of the country being pushed over the edge once the people find out their will is frustrated.

* * *

I have been monitoring the political statements of Mrs. Mary Grace Natividad Kelly Poe Llamanzares in her campaign trail. I have noticed that while she has been critical of Mar Roxas’ stint as a public official, especially as former transportation secretary, she has not said any word against BS Aquino III.

And now, Solicitor General Florin Hilbay and 10 others of the OSG are lawyering for her. They are supposedly the top lawyers of the government.

I find this rather strange since Hilbay had been asked by the Comelec to lawyer for it in the case filed by Mrs. Llamanzares before the Supreme Court to junk her disqualification by the Comelec.

Last year, my Palace sources intimated to me that when BS Aquino III had those one-on-one meetings with Mrs. Llamanzares, supposedly to convince her to be the running mate of Mar, what actually ensued was the President making her an alternative candidate just in case Mar loses.

The reason for this is that BS Aquino III wants to ensure that Mrs. Llamanzares would protect him. “Naniniguro si Presidente!” my sources said.

In other words, BS Aquino is riding on two horses to ensure a win. Smart, huh? Only a desperate man can think of it.

What BS Aquino III forgets is “karma.” Whatever goes around will inevitably come around.


* * *

President Aquino may now be getting some flak from media, print and broadcast. That is to be expected since he has only five more months to go until he steps down.

Mr. Aquino, however, knows that he enjoys the undying support of the two largest media outfits, The Philippine Daily Inquirer and ABS-CBN. In business, BS Aquino III has also the support of the Makati Business Club and the Ayalas, who have always supported the late President Cory Aquino.

But what I find rather strange, even ironic, is that the Inquirer took over from the underground Mr. and Mrs., then published by Inquirer founder Eggie Apostol, but was being financed by then Defense Minister Juan Ponce Enrile during Martial Law days.

It was because of this that the late Chief of Staff Fabian Ver suspected JPE of undermining the Marcos dictatorship.

As a result, to defend himself, Enrile had then Col. Greg Honasan form the RAM (Revolutionary Armed Forces Movement) go on training until the right time to act. The rest is history, as they say.

The point I am leading to is that during the more than five years of this administration, he had the two biggest media organizations, not counting conscripted opinion writers and columnists singing paeans to the President, on his side.

In other words, BS Aquino III cannot complain that media was unkind to him. Presidents before him did not have the advantage that he had. This is why his acceptance and popularity ratings did not decline as much.

* * *

The biggest challenge that the next president will certainly face more than anything else is the horrendous and nightmarish traffic gridlock in Metro Manila, especially along Edsa.

I am forever an optimist, seeing the glass half-full, not half-empty. I say this because some 10 years ago I used to go often to Bangkok, Thailand where the traffic jams were much worse than what we now have along Edsa.

During those years, it took me more than two hours, sometimes three to negotiate the airport of Bangkok to my hotel.

Relief came when some enterprising Bangkok residents offered portable urinals to passengers and motorists caught in traffic. That’s how bad it was.

Now, in Bangkok, it’s a pleasure negotiating traffic with so many expressways and an efficient mass transit system.

That’s why I also believe Metro Manila’s traffic problem can be solved with enough imagination and of course, with the necessary political will.

What we need here in the Philippines is the implementation of what they call 3 Es in traffic management—Education, Engineering and Enforcement.

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PostPosted: Sun Mar 20, 2016 11:25 am 
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Malapit na..

:lol:


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PostPosted: Sun Mar 20, 2016 11:49 pm 
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Natakot na si Kris... mauuna na raw sya sa US :lol:


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PostPosted: Mon Mar 21, 2016 12:20 am 
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Kaya tatlong presidentiables na ang pinopondohan ng pera ng bayan - Roxas, Binay at Poe.

Pero tagilid pa rin, hehe
Magprepare na dapat sya ng insanity plea. Mas kapani-paniwala.

:lol: :lol:


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PostPosted: Mon Mar 21, 2016 12:40 am 
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maganda e bookmark itong thread na to
at araw-arawin e bump at kumustahin kung
nakukulung na ba ang absnoy,pag walang nagyayari
kasalanan ito ni dannyboi :lol:

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Last edited by hayden_agenda on Thu Sept. 10, 2009 9:49 pm, edited 1 time in total.

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PostPosted: Tue May 17, 2016 9:40 pm 
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malapit na!!! :)

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PostPosted: Tue May 17, 2016 9:41 pm 
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Welcome back Dan! :beer: :toast: :drinking:

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PostPosted: Tue May 17, 2016 9:55 pm 
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IceColdBeer wrote:
Welcome back Dan! :beer: :toast: :drinking:


:beer: timing din ang vacation ko :lol:

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PostPosted: Tue May 17, 2016 9:57 pm 
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kumusta ang bagong laya? :lol:

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PostPosted: Tue May 17, 2016 10:05 pm 
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dan44 wrote:
IceColdBeer wrote:
Welcome back Dan! :beer: :toast: :drinking:


:beer: timing din ang vacation ko :lol:

Si tiyanak wala pa. :biglaugh:

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