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| ON THE OTHER HAND |
| Pardon My Plunder
By Antonio C. Abaya Written on Oct. 29, 2007 For the Standard Today, October 30, 2007 As one of the 23 NGO signatories to the House resolution calling for the impeachment of Joseph Estrada in 2000, I was infuriated by President Gloria Arroyo�s grant of executive clemency to the disgraced Erap, so soon � about 30 days - after he was convicted of plunder by the Sandigambayan. In general, I do not question the presidential prerogative to grant conditional or absolute pardon to convicted criminals. But I have always assumed that this prerogative would be exercised with �some decent respect for the opinion of mankind.� And even in the particular case of Erap, I have written that a presidential pardon after conviction was an acceptable option. But there must be an admission of guilt and an apology to the Filipino people for his crimes against them, not against Gloria. If he refuses to admit his guilt and he refuses to apologize to the Filipino people, then he should be made to rot in jail, not in his air-conditioned villa in Tanay. This was the gist of my position when I was interviewed by Chiqui Roa on ANC last Friday, Oct. 26. No admission of guilt and no apology, then no pardon, conditional or absolute. That President Arroyo pardoned him anyway, and so soon after he was convicted, showed that she did so from a position of weakness, not of strength, which should have been the case and would have been the case if the pardon had been premised on an admission of guilt and an apology to the people. And her weak position is underlined by the wording of the pardon that Erap was made to sign before he was given his freedom, as I pointed out during the interview. The short document has only three �whereases� or premises. Whereas, this administration has a policy of releasing inmates who have reached the age of 70; Whereas, Joseph Ejercito Estrada has been under detention for six and a half years; Whereas, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office; In view hereof and pursuant to the authority conferred upon me by the Constitution, I hereby grant executive clemency to Joseph Ejercito Estrada, convicted by the Sandigambayan of Plunder and imposed a penalty of Reclusion Perpetua. He is hereby restored to his civil and political rights. Etc, etc, etc. Not being a lawyer, I wondered why the third �whereas� was inserted at all, why Estrada was made to promise in writing that he would �no longer seek any elective position or office.� Especially since there are NO elections scheduled between now and the year 2010, when Mrs. Arroyo�s presidential term will expire. One interpretation is that Mrs. Arroyo wants to be sure that after she steps down in July 2010, she will not be hounded by the next president � who may well be Estrada, if he is not held back by a written promise not seek another elective position � and made to account for her misdeeds. It would be a case of preventive insurance, of �I pardon your plunder if you pardon mine.� In advance, by not running for any office again. Another interpretation, which I find more compelling, is that THERE WILL BE ELECTIONS before 2010, and President Arroyo wants to make sure Estrada will not be in it to challenge her. According to constitutionalist Fr. Joaquin Bernas, Estrada can be arrested if he breaks the pardon �contract� that he has signed. In this scenario, there will be a referendum to approve a shift to the parliamentary system, followed by elections for members of parliament. Mrs. Arroyo would surely win in her electoral district in Pampanga and, as head of the Lakas-Kampi ruling coalition, she can expect to be chosen Prime Minster. Of course, that coalition is in tatters right now after the revelations of Joey de Venecia about massive bribery in the ZTE broadband contract. But in the context of Philippine politics, there is no problem that cannot be solved with bags full of cash distributed to the right individuals in the right place and at the right time, such as Malacanang Palace , just before the referendum and the parliamentary elections. Readers may want to re-read my articles Prime Minister Gloria? [May 17, 2005] and GMA Forever [March 28, 2006], both archived in www.tapatt.org. Readers may also recall that in the latter half of 2006, there were concerted efforts to shift to the parliamentary system. One through a people�s initiative led by the Sigaw ng Bangaw, the other through a Senate-less constituent assembly shamelessly maneuvered by Speaker Jose de Venecia (who wanted to become interim prime minister, before the whip-wielding dominatrix takes over in July 2010. That both maneuvers failed, thanks to an outraged public opinion and an uncooperative Supreme Court, does not mean the efforts toward parliamentary have been abandoned. Less than 14 days ago, President Arroyo, out of the blue and without anyone asking her, called for a shift to a federal form of government �by the year 2012.� This means that agitation for federalism will begin before her presidential term ends in 2010. This would be a signal for the Sigaw ng Bangaw to launch another people�s initiative towards a simultaneous shift to parliamentary. Erap�s pardon is not about survival . It is about staying in power beyond 2010. ***** OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Reactions to �Pardon My Plunder� Where was the Commission on Audit? Another convicted felon pardoned by GMA The future of my homeland becomes uncertain by these two political characters e.g. Arroyo & Estrada. Perhaps Filipinos are already fed up of people power rallies. I was expecting a huge turn out of anti-Erap reaction on the streets but it seems that Pinoys don�t care anymore. Next day life will still be the same as yesterday ... no change, no improvement . .. still poor. There is no permanent enemies in politics. The only thing that will remain constant is self interest. Nonoy Ramos, (by email), Pennsylvania , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, With the amount of money that the convicted Estrada plundered from the people, admission of guilt and an apology would not be enough. He has to return the stolen wealth especially because of the poverty of the people and of the government. An apology and admission of guilt are just words that could come only from the lips. What is stopping the government from demanding the return of the stolen money? Is this a deliberate move to make it a precedent so that all the crooks would not be required to return their stolen wealth even when convicted? Bart M. Saucelo, MD, (by email), South Bend , Indiana , Oct 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi, sir I absolutely agree with your sentiments though i feel impelled to clarify a mistaken notion that Erap can might run again for president-- he absolutely cannot. This disqualification neither stems from his conviction by the Sandiganbayan nor from the "whereas... he will no longer seek elective office clause" in the presidential pardon granted to him, but from the constitutional provision that prohibits any person who has served as president to run for ANY re-election (whether it be a successive term or if he rests for six yrs after serving his term then runs again). This is clearly expressed in Section 4, Article 7 of the Constitution. If you recall during FVR�s term, there was an attempt to amend this provision of this constitution through PIRMA, but it did not succeed. but then, you may ask how come Gloria was able to run for "re-election?" Actually, she never ran for re-election, because if you recall, she was not elected as president in 2001 when the Erap admin was toppled. As vice-president, she merely succeeded as constitutional successor and served as president until the remainder of Erap's term. in 2004, That was the only time she ran for president. This kind of situation is also covered by the same constitutional provision-- that if the vice-president succeeds as president, he may run for president in the next elections only if he (the former vp, now pres) has served for less than four years as president. Unfortunately for us, GMA served the remainder of Erap's term for less than four years, thus, she was eligible to run in 2004. So the whole talk about Erap running again for president, or running against her is bull. If not the Comelec automatically disqualifying him, the Supreme Court will. But perhaps the 'whereas regarding runiing for any elective position' is not such a superfluity (sans that whereas, there is nothing that legally bars him from running for lower office-- like senator again or mayor of san juan, pero sus, why should any president with moral authority be threatened by that?!? Unless of course you're as praning as GMA. Anyway, I hope that clarifies some stuff. You may want to google these constitutional provisions. There are also annotations of these better explained in the constitution books of Justice Isagani Cruz and Fr. Bernas. Xilca Alvarez, (by email), Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, I completely understand your position regarding the pardon. However, just to adopt a contrarian position, have you ever thought that your reasoning is along completely western lines of thinking. If we take into consideration the feelings of resentment Erap is feeling (even if he is guilty) as well as how the Filipino 'masa' , in general, looks at the situation of Erap (after all they are the majority), then, the decision of Gloria is easier to understand. The intellectual elite and to a certain extent the business elite in the Philippines can be expected to think along black and white 'western' lines like you, but I have doubts as to whether the majority of the political elite as well as the masa follow the western way of looking at things. Now, does that mean the masa and those others are morally corrupt? Not necessarily. Maybe, they are just more 'Asian' in thinking in the sense that they look at issues as having gray areas, e.g. our tendencies to forgive and forget - Marcos plunder, etc. If the people do not take to the streets and oust President Gloria, then there might be some semblance of truth to what I am saying even though I do not have anything scientific to back it up other than my observations of my fellow Filipinos =) Muchissimas gracias again for your incisive opinions. Keep it up ! Antonio Faustino, (by email), Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Other reasons that were not officially mentioned in the pardon order; � Persistence of DILG Secretary cum Erap errand boy Ronaldo Puno for the sake of reconciliation between GMA and ERAP. � Letter requests from Archbishop Vidal, Senate President Manny Villar and Speaker Jose de Venecia A moral bankruptcy indeed! Best regards, Javier Ailes, (by email), Kazakhstan , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, I couldn�t believe but dismayed that GMA pardoned Erap for his conviction so soon! Sorry to say but I guess our government is the most pathetic government here on earth! Thanks. Gilbert C. Meneses, (by email), Jubail City , Saudi Arabia , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Sir, Unless and until there are serious electoral reforms and the justice system is truly made independent, and I have great faith that this is possible with Justice Puno at the helm,.there will be elections in 2010 and Erap will be president. This is the first time I disagree with you. Sincerely, Gabriel Ripoll Jr, (by email), Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, The pardon is another act of political brinkmanship by PGMA, much against the wishes of civil society organizations and the �intellingentsia� who until the last few scandals continue to give her intentions the benefit of the doubt. This act by itself may not be the tipping point, although her perennial enemies undoubtedly will seize the hour, at least, with their anti-GMA text blitz manned by their �text brigades�. (Globe and Smart are raking it in again!). Where is this leading us in the short term? If the calculations of the likes of DILG Sect. Puno is correct, it will buy time for GMA to sort out ruffled feathers, particularly those of JDV to strengthen the fort and do some damage-control measures against the backlash from the latest scandals. Then there will be relative stability allowing stocks to be more bullish and the exchange rate to further counter the oil price that has gone berserk over US$92/barrel as of today(!). In that case �all�s well that ends well� until the next scandal comes along.. On the other hand, IF the pardon for plunder turns out to be a blunder � meaning the Erap camp continue with their belligerence and his lawyers insisting on their own interpretation of the Pardon to keep as much gain as possible (among others), then the resulting mess may escalate into general disenchantment that may tip the balance towards a pointed (as in the tip of a bayonet) call for resignation or a snap election if Kabayan is rejected as a legitimate successor. Ping Lacson�s own G-men must be very busy these days as well as the special ops of �boy senator� Trillanes while mommy Jamby keeps calling her banker now and then. Also, watch Lotto �winners� every other day to bankroll a new �golpe� attempt with new surveys saying �Yes� to a snap polls. Vamos a ver. (�darker clouds continue to loom ahead, kemo sabe�) Ed J. Tirona, (by emal), Paranaque City , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony, I can tolerate President Gloria-Macapagal Arroyo (GMA) for all her shortcomings (pun intended) and other deficiencies in past seven years since she assumed power in early 2001. However, the presidential pardon GMA gave former President Estrada for the crime of plunder, with indecent haste, is simply unforgivable. Granting executive clemency to an arrogant and unrepentant Erap is the Biggest Mistake of President Arroyo and will be the beginning of her downfall. Mark my word! You are absolutely right that there should be no presidential pardon if there is no admission of guilt and no public apology to the Filipino people! Thus, for President Arroyo to still grant presidential pardon in spite of the absence of such sine qua non clearly shows that her decision to exercise her presidential prerogative came not from a position of strength, but of weakness! In December of 2000, I correctly - and accurately - predicted the downfall of Erap that we will have a new president in early 2001. Again, I will make a fearless forecast that the Philippines will have a new president by the First Quarter of 2008. Thank you and best regards. Sincerely, Rick Ramos, (by email), Santa Rosa , Laguna, Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, Your RX here is very good. talaga! Anyway, let's wait for the guy pardoned to commence his shots again/anew? At her. He will never learn in life, that's his handicap. And she will be "biting the bullet" as the saying goes. And our 'miseries'...what can we do except to keep on crying. Cry louder maybe...as loud as the trumpets that toppled the walls of Jericho finally. Leona Guera, (by email), Australia , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Mr. Tony, My favorite �Criminally Inclined Ignoramus� who a month ago was a convicted plunderer is now a free man. I thought that macho that he is he will not seek a presidential pardon because he said he is innocent, his conscience is clear, done nothing wrong, blah, blah, blah. You know what, O�gag, you are nothing but a stinking fart. Wala kang isang salita! Porma lang. You are maybe a �hero� to your squealing masa but in my book you are not a very good person. You likened yourself to Bonifacio, (a Tondo boy like you and me) come on please! Ka Andres Bonifacio was an honest man. You are a far cry from being like him. Regards, Napoleon P. Serrano, (by email), Dhahran , Saudi Arabia , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The swift amnesty given by President Arroyo to Joseph Estrada must rank as one of the most unscrupulous moves I have seen in sometime. This was done not out of compassion, or political reconciliation, but as a pre-emptive strike to shield her from scandals brewing about her administration. The pardon also sends a chilling message that, YES, a corrupt politician like Estrada can commit crimes like massive plunder but can get away with it with the stroke of a pen from a chief executive who has become but a pitiful poltroon. How can Filipinos ever trust a president bereft of principles and guided only by rank opportunism? It's true Estrada is 70, but what has age got to do with the grievous crime he was found guilty of? When we consider that Estrada actually spent those six and a half years of "confinement" in a plush rest house, but not in jail, the mockery inflicted on all citizens stings even more. As for Arroyo's fear that Estrada might run again, that could have been aborted if she had the courage to implement the sentence imposed by the Sandigambayan. I feel outraged, as must millions of Filipinos do, at this execrable exercise of presidential power. It trumps justice, it eschews what is right, and it reaffirms the perception that corruption at home will not only endure, but will prevail. We all need to shed tears at this travesty. Remigio G. Lacsamana, MD, (by email), Daytona Beach , Florida , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Regardless of how you spell the S-word, correct German or not, it would still have the same stench. Just like garbage, whether you pronounce it the English or French style, it smells the same. Now, having said that, acts are not without the coloration of intents. GMA did not grant Erap pardon from the goodness of her heart. GMArroyonomics says most everything has a price and can be bought. It took a Gov. Panlilio and some honest officials to belie and reject the thesis. Unfortunately, our people are being battered with GMArroyonomics-type People's-Cost and FG-GMA's Benefit analysis. It does not take a genius either, to figure out the nature of GMA's wheeling and dealing transactions. Aurora Riel, (by email), Murfreesboro , North Carolina , Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony: Any foreign observer with an ounce of rationality will declare the Philippines is nothing but an OK Corral. The wild, wild west of old where guns rule the day. Everything inconceivably impossible can be done at will. So long as you are the head honcho and has the quickest hands. Forget the people and the sheriff. Let's assume that all the maneuvering GMA has made to date, including Erap's pardon, to ensure her presidency and future prime minister position, in this scenario she totally discounted, disrespected the Filipino people. whom she serves and is accountable to. It is ironic that with all the laws, rules, regulations, lawyers, writers, inteligencias and relative pressure groups in the Philippines , all that GMA has to do is simply twirl her little twinky and everything else goes mumbo jumbo. Where is the counter punch? Are there winds of uprising in the horizon? A third masa power action? We can't wait for 2010. That's just two years from 2012 when, Nostradamus had predicted, the world would end. Finally, as SJ Reuter suggested in the email I received recently, let us pray for the enemies of the Philippines . So we shall, for now. Oscar Apostol, (by email), Roseville, CA, Oct. 30, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Your "..And even in the particular case of Erap, I have written that a presidential pardon after conviction was an acceptable option. But there must be an admission of guilt and an apology to the Filipino people for his crimes against them, not against Gloria." -- Said it all!!!! Bravo!! Must be just another one of those "lapses in judgment". Alexander Po, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony: My own take on this third "Whereas" in that document giving former president Joseph Ejercito Estrada the benefit of an absolute presidential pardon, is that President Gloria Macapagal Arroyo in reality harbors some concern that Mr. Estrada would run for president once again and probably win again. She knows that Mr. Estrada is still that popular with the Filipino "masa." My question is: Is Mr. Estrada's having "publicly committed to no longer seek any elective position or office" legally binding on Mr. Estrada? Even as a layman, my sense is that the answer should be "No." Assuming Mr. Estrada' s public commitment in question to be true, it is clear that it was Mr. Estrada himself who made the public commitment, more likely than not to improve his chances of being granted absolute presidential pardon for the crime of plunder. Now that he is a free man, what is there to legally stop Mr. Estrada from changing his mind and declaring publicly that he is a candidate for the office of president again? I am afraid there is nothing to stop him from doing so. One can reflexively assume that Mr. Estrada is not under any moral or ethical compulsion to keep his promise to President Gloria Macapagal Arroyo; that simply is not in his nature. Mariano Patalinjug, (by email), Yonkers , NY , Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony. Bingo! It's all about power and wealth for the wrong reasons. Regards, Raffy Alunan, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww None matters after the fact. Beliefs, morals, sensitivities, sensibilities, even truths can not undo what has been done.The unpardonable pardon was signed, sealed and delivered to the most arrogant pardonee ever. The rush and the conditions the pardon was rendered make one question when and how the decision was made. And why. Erap's conviction was the only way GMA can escape prosecution for usurping power from a duly elected president. The conviction justifies why GMA and her generals took over the reigns of government by force. Without this conviction, the book remains open for GMA to worry about the moment she steps out of office (i.e., if she would). At a snail pace of over six years, Erap starred in the real life moro-moro, that projected him the villain rather than the hero as he was accustomed to in a number of b-movies. Somewhere along the way, he realized that getting back the presidency would be an exercise in futility but not his freedom and his billions. And that will not even entail making a deal with the devil. Just a little bit of pressure and instability to GMA's reign. The Oakwood mutineers were used. Imbibed with idealism borne out of frustration, they thought theirs was the cause worth sacrificing everything for. Blindsided, theirs was Erap's cause. Still, GMA and her cohorts, paid attention. 'Let the trial go thru, obtain a conviction then grant a pardon.' Erap in his pristine Tanay retreat agreed in a rare sober stupor. What was ballyhooed as Philippine Justice at its best turned out to be a 'hoodwinking' extraordinaire of the Filipino people. Those who believed that justice applies to all regardless of position in the strata of life got a double whammy of an unconditional pardon and an unrepentant pardonee. Philippine Justice remains for those who can afford its price. The vehement condemnations blew like a wild fire across the land in search of reasons and meaningful actions. Rudderless and lost in a cacophony of hate, hopelessness and resignation, it was never a threat to the powers-that-may-forever-be. The impetus for change lost once again, quick and fleeting as the burning cogon. Different story, still the same ending. Who were the gods our forefathers offended so much for us to warrant a government so vile, so corrupt, so brazen in its disregard for people's wellbeing? How shameless and guilt-free are our government officials who fight like hyenas and wolves over carcasses of Filipinos yet to be born? They whose bottomless greed and unbelievable hypocrisy invoke God as if they are the second coming while selling to the highest bidder the patrimony of the nation now and tomorrow's. They whose only covenant is we, ours and us. Trust democracy and the rule of law. Venerate the constitution to the point of self-flagellation and sacrifice. Listen not to the demagogues and the forked tongues. Salvation is in patience and fortitude. This government too will pass, while the people are forever. We heard this invocation at the beginning of our lives. We rose from street parliaments to strugglers of the rat race eking out a living for those we love. In a whirlwind of time, we come to the dying embers of what we believed and hoped for. Still, the government of the crooks, for the crooks and by the crooks remains. Patience and fortitude, we are told again. Mercifully, death's blessing is the end. for jasm.... Dan Jimenez, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Relaxing moments in Philippine history? After five years there had never been any barangay elections, to have one gives that feeling of people empowerment. In the higher scheme of things, it only signals the start of a recruitment process, with Malacanang, Inc. as a huge recruitment agency for patronizing new or old punong barangays and barangay kagawads throughout the archipelago. Truly, political power starts at the base of the pyramid. Then again, after six years or so of imprisonment, former president Erap is granted executive clemency as a Thursday gift � irrespective of whether or not there was a request for pardon. The thought of his freedom is just about the greatest blessing that can descend to the consciousness of an ailing mother of one hundred and two. From every perspective, GMA is cast to have played the underdog. And such is part of our crippling Filipino mentality. FVR remains a resident evil in RP�s realpolitik � with or without any official authority. And it is as if, he is the only one who can pull leverage or shield GMA from serious attacks. Inferential thinking tells us that, to some extent, FVR shares power with GMA, through his military clones placed in sensitive positions of government. After all, military power is always held supreme. Or what is that 100-day ultimatum given to lady Gloria? Then there goes the CBCP and its vicious claim to the moral high ground. But who really understood any of those pastoral letters circulated in public? In not a single instance, had the pastoral letter cater to the IQ of the ordinary man in the street as not even the bishops in their own fold comprehend their true import. CBCP�s moral position coming always late, opens it to negotiation � or to the highest bidder, call it that. Who really cares about CBCP anyway? Other more serious political developments or events become hidden from public view. The ABZTEFG, the impeachment move, the payolas in the House � all these really have to �back off�, matter-of-factly. The business of the day is the remaining years of GMA�s term as president. It must turn full circle � hassle-free. If push turns to shove, Malacanang may have to dispense with JDV and the fund mess in the House that left no trace. Erap is left with no option but to accept a cabinet position patronizing of GMA even while the government sequesters most of his assets and earnings from you know where. Political realignment would turn into a myth as Erap�s perceived sphere of influence has just been skillfully �detonated�. Trillanes, being in jail, remains a mere shadow. Proxy senator is simply no senator. In the end, it will be a total waste of government funds except if his entire annual P200-million appropriation be utilized to build the biggest jail yard the country will ever have. That would have been an unparalleled legacy from a young alumnus of PMA. Ironically, Gringo broke only a leg and played along the grain � a highly-paid recruit. Vocal critics against GMA are on the silent mode. Cayetano and Escudero are chips that fall in place. In a game of bend or break, they, indicatively, are inherently bendable. Only Trillanes remains to be the young idealistic, principled, and true reformist of the pack. Others chose to run away as cowards � the likes of Samuel Ong, et al. Allan Paguia chose to be at a hitting distance � fragile but brave. Kit Tatad is always a mere antidote, antidotal no end. Any form of power grab attempted at GMA is predictably anti-climactic. It holds no future. The remaining years of the Arroyo administration will usher in a smooth turn-over to the new Palace occupant come 2010. Paradoxically enough, we saw the make-over done to Joker Arroyo, Miriam Defensor Santiago, Gringo Honasan and others. It is disheartening to realize that there is no one left to fight the status quo for its excesses, no advocacy group strong enough to yield powerful influence as to be able to tilt the balance of power to its side, no single individual that the Palace would heed � not a Velarde, not a Villanueva, not a Manalo. As soon as the one-year ban has already expired, more sensitive positions in government will be occupied by the senatorial losers. It may be RP�s boon or bane. Either way it goes, the Filipino people will be its first casualties or beneficiaries. It then bears watching what doomsday scenario will soon unfold. Primer C. Pagunuran, (by email), UP Diliman, Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, Erap's pardon was one of the most depressing moments in Philippine history. I couldn't believe GMA would overturn the Sandiganbayan's decision in a devious effort to perpetuate herself in office and win the graces of the other side. It greatly affected my 91-year-old mother that she completely lost her appetite at the dinner table. The Philippines has lost every shred of credibility in the outside world. Best, Yett Montalvan, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Excellent piece. Please keep it coming. Pons Tucay, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww GMA, by pardoning Erap, squandered her last great chance to be a lion president. If she stuck with the harshness of the (unanimous) sandiganbayan verdict it will show that she is not afraid of any repercussions in upholding the open desire of the Filipino people to do something drastic about the menace of massive graft and corruption in the government. Instead, her deepest fear betrayed her decision-making capability. She opted to rely on the illusion that by pardoning a plunderer she will be setting a precedence that will be applied to subsequent ex-presidents including herself. Erap, by seeking pardon, unveiled the kitten that has been hiding in the mask of a lion for a long time. He cannot face the supreme consequences of having a crime charged against him. For decades he promised to millions of the Filipino people (who readily believed in him) freedom from poverty and from the oppressors but in the end he is no more than like a little boy offering the condition of his ailing mother as an excuse to bow down. Will adding one loser to another loser makes the Filipino nation a winner? Fermin Salvador, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww I look at Gloria�s pardon of Erap on a different perspective. It elicited an admission from Erap recognizing Gloria as President. Such recognition may be half-hearted, but the most notable effect is the near-panic reaction by the opposition who were riding on Erap�s coattails in their bid for power. With Erap suddenly recognizing Gloria as president and publicly declaring his refusal to run for any public office, the opposition, particularly the leftists have acted like parachutists who realized they were without a parachute after they have jumped. They are now calling on Gloria to resign, including even Noli and JDV. In the absence of a respectable figurehead, they�re calling on Chief Justice Puno to take over as caretaker. Unfortunately (and fortunately for us), the Good Justice won�t bite. How grossly pathetic, although it confirms once more how a communist thinks and acts. It hasn�t changed since the 1950�s. Look at the reaction of the opposition senators (cum presidentiables). They couldn�t categorically approve or condemn Gloria�s move � to do so would be political disastrous for them. Hahahahahaha!!!!! For all of Gloria�s faults and ambitions, you�ve got to admire her political savvy. I just hope that she�ll leave a positive legacy to us in her remaining (kaya????) three years in office. Bong L. Alba, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi, Tony: Pardon my plunder? "Pardon my innocence" would be more like it. Erap says he is innocent yet seeks, nay, demands that "de facto" president gives him unconditional, absolute pardon. And Gloria obliges him. At this stage, Erap wins. Gloria loses. Gloria thinks her Erap gambit would secure for her an (political) advantage. Wrong. again. Her recent decisions and "lapses in judgment" (based on her advisers'/consultants' recommendations) appear erratic and flawed. .Are her advisers for or against her? From the looks of it, these advisers appear to be pushing her deeper in Schiesse. If she loses the game politicians play, she has nobody but herself to blame. Gloria's grant of pardon an act of reconciliation? For me, reconciliation is the establishment of harmony and balance. In accounting, it is the process of looking for items that are askew and putting them in their proper locus so as to bring about a balance in your book of account. It is the act of bringing about the wholeness or integrity or, for a lack of a better term, "at-one-ment" of your book of account. In music and in the symphony of the universe, the conductor is there to bring dissonance and discordance into one harmonious whole. He/she is there to see to it that individuals are in "at-tune-ment" with one another. In the church today, the sacrament of penance (confession) is now called the sacrament of reconciliation, which, I think, more vividly captures the dynamics of unionization, communionization, harmonization of a "broken" pilgrim church (a community of "saints-in-progress" ). Necessary conditions of the process of reconciliation, of "at-tune-ment" , of "at-one-ment" are the "owning up" of one's errors (confession of sins) and the willingness to pay the price (penance) of offending god and the people-of-god (the church). This is "atonement". This requires great humility and courage. Without this environment described above, the process of reconciliation cannot even begin. To participate in the process of reconciliation without first creating and establishing this environment is to participate in a farce, in a "palabas". And some bishops say "OK lang daw ang pardon". Given to Erap. who are they kidding? Pardon my memory but was there not a a governor-general during the Spanish colonial regime who was found guilty of certain abuses by the Royal Audencia and sentenced to kneel at the entrance of the Manila cathedral in sackcloth and ashes on his head? I seem to have heard this while napping in a history class ages ago. Do refresh my memory. Ricardo I. de Leon,. (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Ang Tawag dyan ay BENTA! Isinulat ko ito sa Pilipino dahil ito ay salita na pawang natatangi sa ating mga Pilipino, isa sa mga negatibong karakter na ina-asosya (paumanhin, di ko alam ang tamang salita) sa atin. Baka mabasa pa ito ng mga dayuhan at tayo ay bansagan ng ganitong salita na maaring maging dahilan upang tayo ay makapatay ng tao dahil ayaw na ayaw natin na matatawag na ganoon, bagama't sa ilang pagkakataon ay ginagawa ito. (o, wag ka na mag-reak kung hindi naman ikaw, mahirap lang talaga magsulat sa Pilipino, lalo na Tagalog) Madalas natin marining ito lalo na sa mga laro: kapag di naihulog ang huling bola sa bilyar na wala naming harang at napakalapit sa butas; hindi naisyut ang "free throw" na magpapanalo sana sa laro; ang mga nag-iistrike na kawani ay biglang naiwan sa ere ng Presidente ng Unyon; atbp. Madalas ito ay nauuwi sa bugbugan o patayan. Si Gloria binenta ang mga taong nagtiwala sa kanya samantalang di naman siya ang nagpasimuno ng pagpapatalsik kay Erap. Si Erap binenta ang oposisyon. Bakit nga ba nauso ang BENTA! Pansariling kapakanan? Sabi ng iba, meron din daw kasama "mapya", wala po itong kinalaman sa piya-piya ng Iloilo o tilapya ng Batangas,ito po ay iyong maimplwensyang grupo sa amerika katulad ng yakusa ng mga hapon (takusa kung sa Pilipinas). Simple lang po, mahihilig po kasi manuod ng Wow! Mali ! ang ating mga opisyal at paborito nilang portion ay yong PLAK! Sarap pakinggan parang lagapak ng tig-iisang libong nakabundle nang ibagsak sa mesa sa harap ng mga tongresman at gobernador. Pera Lang Ang Katapat, yan po ang ibig sabihin ng Wow Mali . May pera bang katapat sa pardon ni Erap? Wala po, habang nagpipirmahhan. Nauna na po ang Bentahan bago magkapirmahan, resibo na lang po ang pinirmahan, pero susunod pa raw po ang tip. Edelberto Anit, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The Paradox of Erap's Pardon. Rather, paradoxes... GMA applied the Golden Rule in the act of pardon: do not do unto others what you do not like done unto you! Syllogism: If GMA is unconstitutional president as history will bear out in the future, ergo, Erap pardon is unconstitutional. Transactional politics averred to in the Erap pardon is simply the i'm ok you're ok quid pro quo type. We may speculate, opinionate, ruminate on the decision but el faro el jues es inapenable: the decision is final, pardoned. Time to face reality. The only sword of Damocles in Erap pardon comes by way of a question: Was there any intent at all to mislead the Filipino People at the point of decision? Duralex Sed Lex - in the case of Erap Pardon, the law may be harsh but it cannot be broken: presidential power of executive clemency is a mandated executive privilege (read - the only indirect way that a law can be broken!) Lessons learned the past current events vis-a-vis pardon: the writing is on the wall, we must be vigilant ever against leaders who are doggedly determined to make MORAL WRONGS CIVIL RIGHTS in a self-serving, self-preserving, self-survival manner defying the tenets of the Constitution that government should be of laws and not of men (or woman!) Whether, whether you like it or not, Erap has wagged the dog by the tail. The Erap pardon is a legal case of legal implosion of the Constitution stretched to the limit - a system overdrive by the power that be. The Erap pardon is part of the work in progress of lies sold to the public daily in the name of governance. For the youth, the Erap pardon may well be the true seeds of a genuine revolution they alone can realized if they take up the challenge of the moment. For the elderly, the Erap pardon is Gloria's Legacy of Machiavellian Democracy to fool the people, buy the people and survive politically off the people. Indeed the greatest damage to our Filipino Culture to date, abangan at araw araw nadadagdagan habang tayo'y nagtatangatangahan. Mabuhay! Aldric Dalumpines, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, PGMA has set a precedent by pardoning Erap. It's just sickening and disgusting! No matter his refusal to admit, he's been convicted. I hope history will not repeat itself after PGMA leaves or is impeached from office. On another note- I applaud your strong reaction to Reader Jahn's statement that ours is a "rotten country". He should at least be thankful that he has the freedom so say so in the "rotten country" where he currently resides. Shane V. Flores, (by email), Sacramento , CA , Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hello Tony, Gloria was definitely spooked by the results of the last election. And with the House coalition about to crumble, she did the unpardonable (pun intended).She cannot coax Ping or Pimentel so she used Erap as leverage. Clearly GMA has lost her mind and was completely blinded by power. She is probably the most mistrusted leader in the world. She lied on the grave of Rizal by running in 2004. Now she lied again, this time by breaking her own Sona where she once said that she�d rather be right than popular. Muli, mabuhay kayo! Marvin Valido, (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya, Salamat po sa patuloy ninyong pagpapadala sa akin ng mga komentaryo ninyo. Nakakapagpagaan po ng dibdib na malaman na marami pang Pilipino ang may puso sa bayan. Patungkol po sa pardon ni Erap, ito ang pinakahuling hibla na nag-uugnay sa pagtitiwala ko kay GMA. I've been an OFW for many years (1979-1986 Saudi, 1992-1994 Hong Kong) and it's been my heart's desire to see and live in my country, pero wala naman pong suporta sa amin ang ating gobiyerno para kami ay makauwi na ng tuluyan. Then, this pardon of Erap. Wala na po kaming mukhang ihaharap sa mga kaibigang dayuhan na nangangantiyaw. Dati po, ipinagmamalaki naming mabuti ang Pilipinas lalo na noong dekada 60, pero yon man ay hindi naman alam ng lahat maliban seguro sainyo at sa akin at sa iba pang nasa 60s na. Salamat po ng marami sainyong walang sawang pamumuna sa mga kamalian sa ating bayan at sa pagbibigay ng papuri sa mga tamang kaganapan. Pagpalain po kayo ng Diyos sampu ng inyong sambahayan! Gumagalang, Nes Baricante, (by email), Hong Kong , Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, This is a brief reaction to a grievous event. The bottom line is justice. Granting pardon to an unrepentant criminal is a grave violation of justice, where the crime of plunder was committed against the people. The violation is merely exacerbated by the time spent, expenses incurred, and abuses committed in proving the guilt or fighting it, and by the national demoralization and embarrassment following its inordinate pardon. I will not touch on illicit motives, lack of delicadeza, etc. These are sordid, but secondary, and, really, merely predicates which characterize the subjects. I am driven to near desperation by the shameless and hurried support to the pardon given by proclaimed leaders of the Opposition and of the Catholic hierarchy, even by icons of justice and forgiveness only after repentance, and by not only a constitutional expert but a man of God. Not that the support affects the validity or lack of validity of the pardon, but I am still awaiting a ground swell denouncing it, if only to show the country is shuddering. For the first time, in all of my time on earth, I am beginning to see the reason why people are looking out the country�s window, sadly. Manuel Q. Lim, Jr., (by email), Oct. 31, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww How sad that both the pardoned and the pardonee are not equipped with the proper decorum in handling the God-given commandment of forgiving our brothers. As you said Erap never apologized to the people, while Gloria exercised her prerogatives without disregard to what should have first been done by Erap before the pardon. Why was she in a hurry? 2010 is still a good three years from now. You are right when you said that Gloria wants to be sure that Erap is out of her way if and when she changes the constitution to give way to her keeping her position as head of this country. But I must say that she will not make it. People are fed up, this time the masa as well as the middle class have joined to express their disgust. Regards, Cita Garcia, (by email), Nov. 01, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, You are right with your analysis, the third condition could be subjected to constitutionality and can this be challenged in the Supreme Court? If so, strengtened with the popular clamor of the masses, who have been deprived of service of the President they have elected before, Erap return to Malacanang Palace is imminent or perhaps Jinggoy as his substitute! Both of them are still very popular and got the sympathy of the Filipino masses. The Filipino masses, Erap knows how to please and make them happy as he did before. If he did good things to the poor at his come back, like the Marcoses, everything will be erased and forgotten in oblivion. Me for one, still believe that Erap can be a good President if given a second chance. You are also right that the only way to eliminate Erap or Jinggoy from the Presidential race is going into Parliamentary, Federal system of government. This could only be possible if Senate agree with Charter Change. It is their only hope to have a chance of being chosen as Prime Minister instead of Gloria again or Erap/Jinggoy if still Presidential. Aside from changing the form of the government, there must be fundamental electoral reforms provided for after consultation with NGO's, POs, the LGUs and the religous group. Today, even the Barangay had been very political in nature, and it is MONEY that counts, underpinning the people's choice! Rodolfo Cada, (by email), Nov. 01, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Sir, Ito�y masamang pelikula, .pamagat:Sigaw ng Bangaw . Estorya :PAGNANAKAW Bida : Erap Estrada. Producer:at executive producer: Gloria. Nasayang lang ang panahon at pera ng taong bayan. Dapat lang itong bangawin. Mabuhay ka SIR TONY. Sayang I missed your Interview on TV. Marami pong Salamat. Emilio Vargas, (by email), Nov. 01, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Outrage and disgust are understatements of my feelings regarding Erap's pardon. Shame on him and his senator son. But most of all, shame on Arroyo who threw away the rare opportunity to make things right. By granting pardon, she has shown to the nation and to the world that crime does pay, that being found guilty is nothing to be afraid of. Hindi ba kahiya-hiya sa ating mga Pilipino? Where is the nation's soul now? Will those who commit similar or lesser crimes be pardoned too? Erap's sin is plunder committed when he was president of a nation that he vowed to lead and serve. What kind of leadership did he show? What service? Being a womanizer, a fraud, lawbreaker, gambler, drunkard, plunderer were all that hewass capable of doing. Pa-cute in his movies which unfortunately, the masa could not discern between the Erap actor from the real Erap in life. I believe that for as long as Estrada (and the Marcoses for that matter) do not make a public apology of their wrongdoing and return to the country what they plundered, this nation will continue to be governed by similar characters, and the evil of power, wealth and bad governance will continue to nibble away the nation's spirit. Last words to all these characters: "Hindi ninyo madadala ang mga kayamanan na ninakaw ngunit dala ninyo ang lahat ng inyong mga kasalanan sa Diyos at sa inyong mga kababayan hanggang sa impiyerno." MAY YOUR TRIBE DECREASE. Josie Banaag, (by email), Nov. 01, 2007 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww (Copy furnished) Dear Friends: Today at http://bunsurancaravan.blogspot.com, I write about Jaime Ponce de Leon, a convicted felon pardoned by Pres. GMA six months ahead of Pres. Erap. No parallelism there, except that de Leon has been sentenced by the Sandiganbayan to 203 years of imprisonment. He did not serve a minute, and walked home free the moment his handcuffs were removed inside the New Bilibid Prison. Ever wonder why? Nicon Fameronag, (by email), Nov. 05, 2007 PS What was Jaime Ponce de Leon accused and found guilty of? Conspiracy with public works officials to short-change the government through ghost road projects in Negros Oriental. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Where was the Commission On Audit? Dear Mr. Abaya, This is a reaction not just to the pardoned plunder of Erap but also to other cases of plunder and corruption that continued seemingly unabated well into the succeeding Administration. I believe corruption could have been minimized had the nation been served by a performing Commission On Audit (COA). Filipinos have been bombarded by endless media reports on staggering corruption that exceeded the P50-million threshold for plunder, such as alleged overpriced projects and irregular contracts like the Diosdado Macapagal Boulevard, the Clark centennial project, the Piatco-Naia 3 contract, the Mega-Pacific contract, the IMPSA power deal, the P728-million fertilizer scam, the ZTE broadband contract, and lately what seems as total breakdown in internal control right in Malacanang, where bundles of cash ranging from P200,000 to P500,000 (estimated at P120-million total) were allegedly distributed to governors and congressmen. The cash distribution was reportedly done without any signed receipts and any form of accounting whatsoever, an indication of HOW EASY IT IS TO COMMIT MUCH BIGGER CORRUPTION�and unlawfully enrich those involved--WHERE THE MONEY CAME FROM. That is the far-reaching evil implication of the cash distribution, and what are the Presidential Anti-Graft Commission (PAGC) and the Office of the Ombudsman doing about it? With all the reported plunder and corruption in our midst, where was the Commission on Audit (COA)? How could unbridled corruption come to pass under the watch of the constitutionally empowered and independent 12,000-strong COA? COA has been detecting graft AFTER consummation through its present POST AUDIT, but the detection is useless because the crime has been committed and COA cannot bring back the lost public funds. However, COA can likewise detect graft BEFORE consummation through PRE-AUDIT, which is what counts because the public funds are not yet absconded and graft can still be prevented, so why doesn�t COA PREVENT graft through doing what it currently does not do--PRE-AUDIT? COA officials substantially abolished pre-audit during martial law to smartly AVOID CONFRONTATION with the MARTIAL LAW ADMINISTRATION. The confrontation would have happened if COA maintained pre-audit and it had to stop--in the course of conducting such audit--the many IRREGULAR GOVERNMENT TRANSACTIONS at that time. Unfortunately, despite more than 20 years after dismantling of martial law, despite COA�s broad powers and independence under a new Constitution, and despite preventable but not prevented astounding corruption that repeatedly takes place under the watch of the constitutional behemoth COA, why have COA Commissioners not done the logical thing to do under the situation--prompt restoration of COA PRE-AUDIT? As past college students, Certified Public Accountants (CPA�s) studied AUDITING, which treats of fraud detection and prevention. Thereafter, they had to pass the subject in CPA board exams. The CPA license, therefore, is symbol and representation of competence in fraud detection and prevention. In this regard, the classic P728-MILLION blatant FERTILIZER SCAM--which did not employ any ingenious scheme--was readily DETECTABLE in AUDIT by COA prior to consummation of transactions--through the unsophisticated MODES of corruption executed: (1) DIVERSION OF FUNDS, which could have been easily checked through COA�s looking at the legal purpose of the funding source before disbursement; (2) GROSS OVERPRICING, which could have been avoided through COA�s strict enforcement of compliance to public bidding requirements before payment; and (3) GHOST DELIVERIES, which could have been detected, with the scam consequently prevented, through simple COA inspection of supposedly delivered fertilizer prior to payment. If a complacent and careless COA did not exercise required due care and diligence, if it did not perform all the ordinary yet crucial standard audit measures even on multi-million-peso transactions, and thereby failed--through GROSS NEGLIGENCE--to detect and prevent the easily detectable and preventable P728-million fertilizer scam prior to execution, doesn�t COA�s failure, at the great expense of the people, constitute PROFESSIONAL MALPRACTICE of the CPAs among the highest officials running the Commission--for which they should be severely sanctioned by the Professional Regulations Commission and/or the Board of Accountancy? Marcelo L. Tecson, (by email), San Miguel, Bulacan, October 31, 2007 OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO |