Monday, March 6, 2006

Proclamation 1017 Moot and Academic -- Et Tu Brute?

THIS IS A PREDICTION...[click to magnify] because I readily admit, I am extremely sceptical that the Supreme Court of Artemio Panganiban can do justice in the case of Proclamation 1017. Oral arguments are being heard this week in the consolidated cases against 1017. But the Supreme Court has demonstrated throughout Gloriagate, a willingness to drag its feet, or worse, collaborate with the Palace in what one journalist (Newsstand, John Nery) call's a "cat-and-mouse" game with the law. This behaviour has been observed in the case of the controversial Calibrated Pre-emptive Response of the police towards even peaceful demonstrators, and in the matter of Executive Order 464, the gag rule on members of the Executive Dept. Eleven or twelve of the sitting Justices are said to be controlled by President Arroyo as appointees, or associates of the First Gentleman, Mike Arroyo, and his infamous Law Firm that runs herd on all the consigliere. Or else they are recycled politicians and ex-staff member of Mrs. Arroyo. Many of the Arroyo appointees had little or no time on the Bench before arriving at the highest Court of the land.

Moreover, for the Supreme court to strike down Proclamation 1017 as unconstitutional would be tantamount to indicting President Gloria Macapagal Arroyo on a whole series of high crimes and misdemeanors and other impeachable crimes. What followed her proclamation were brazen violations of the Bill of Rights in the illegal "takeover" and "supervision" by the police of the Daily Tribune newspaper, the warrantless arrests of peaceful critics of the Arroyo regime, the threats and intimidations made against Media by the Palace, and various other crimes by the President's men now being documented by the Press and those others who look forward to the day that they are brought to Justice. Though probably not today. Of course I am perfectly willing to be surprised, as long I don't have to hold my breath until 2010, because like Davide, Panganiban is headed for an F-Minus in History. Related: Chief Justice Panganiban In His Own Words.

Recent Posts at Philippine Commentary related to Proclamation 1017 State of National Emergency and Rebellion in the Philippines 24 February 2006 (in chronological order):


The first post below was on the Tuesday before Friday, 24 Feb 2006 when Proclamation 1017 was issued. It records that at around 6:45 AM of that Tuesday, someone representing himself as "Lt. Lawrence San Juan" called the AM radio talk show of Eli Saludar in the Morning (588 Khz in Manila) and made threats of some kind of action on the coming Friday and advised all residents of the slum around Malacanang Palace to temporarily evacuate and stay with relatives...and a subsequent update an hour later from the same station reporting that a Lt. Lawrence San Juan had been arrested in Batangas by police...at 5:45 AM! "Subversive documents" said to be in a Flash Ram in the possession of Lt. San Juan may have been planted on him, since the affidavit executed by the arresting officers did not contain any reference to such, despite his being searched. Mention of such was made only five days later on the Saturday following Friday's Proclamation -- in Manila. Those documents have become the government's principal evidence for a "Left-Right" coup conspiracy between the CPP-NPA-NDF and the Magdalo (Oakwood) Mutineers. Their true provenance, once discovered and revealed in the next few weeks, will surely hang somone. Check out the many MP3's in all these posts:

Philippine Coup Rumors Intensifying

Sliding Down to the Ranks of the Unfree

Live Blogging the Edsa Anniversary

PROCLAMATION 1017 STATE OF REBELLION DECLARED!

Cory Aquino Asks President Arroyo to Resign

Alleged Coup Plotter Is A West Point Graduate

From the Ministry of Truth and Responsible Journalism

Warrantless Arrests, Raids on Mass Media By Manila Regime

Proclamation 1017 GMA's Speech in English Translation

Stand for Liberty! Stand for the Philippines!

1017 Outlines of a New Conjugal Dictatorship in the Philippines

A Call for Solidarity from National Union of Journalists

Breaking News --- Standoff Developing at Fort Bonifacio

As the Sun Sets and Darkness Falls Over My Sad Archipelago

The Citizen-Soldier's Moral Dilemma

President Arroyo Blinks on Proclamation 1017?

On the Criminal Culpability in Proclaiming and Enforcing 1017

Thanks a Lot Comrade Gloria!

2001 'Leftist-Rightist' Coup d'etat -- in Mike Arroyo's Own Words


THE DEFENSE OF LIBERTY CANNOT WAIT ON ITS ENEMIES: As it was in 1972, there are many well-meaning people who say, look, the newspapers are still publishing, even the Daily Tribune. The radio and television broadcasters are still hitting the President. What's the big deal about Proclamation 1017." (And there is this famous letter making it's rounds of the email mills...a kind of Manifesto of the Apathetic...see Ricky Carandang Reporting.) I think however that the defense of liberty cannot wait for its most lethal enemies to attack, because they intend to deliver FATAL BLOWS. Like global freedom itself at the hands of the Al Qaeda terrorist organization, the death of Press Freedom at hands of people with authoritarian and totalitarian tendencies would be a thing not easily reversed. It must be pre-empted, and truly it is at the Supreme Court that such liberties will either live or die. And the anger of free men, either grow or wane, with their forebearance of Justice at the awesome sight of either a brazen murder or a noble deed on the part of the High court to prove the corrigibility of a Democracy -- it's most underestimated quality -- the power to evolve, to correct excesses of its government, to inspire the people with the Majesty of the Law. It is that and no less that I demand of the Supreme Court.

33 comments:

HILLBLOGGER said...

Hi DJB,

Hope you had a great weekend.

I was wondering...are anti-Gloria protests still officially banned in Pinas or not?

Btw, we received reports that US Dept of State Undersec Ch Hill's talk with Gloria in Malacanang centered on the lifting of SOE. Hill's message was something like this:

"Madam President, America cannot ally with a national leadership (or country) that is perceived to be abusing democracy (human rights). We would like you to reconsider your position on your declaration of a State of Emergency."

Rizalist said...

HB,
Yeah had a great weekend..it's not really over yet..regarding the rallies, they just arrested 4 members of Akbayan at lunch time on T. Morato for not having a permit. confiscated their placards.

Glad to hear confirmation of that about Christopher Hill. I quoted Bush's 2004 speech at National Endowment for Democracy expressing this policy of not supporting dictatorships. Am soooo glad it is being put into practice. Sooo glad!

You ought to write that up if you haven't already...could be a nice RP-Thailand story, am sure you are aware of People Power in Thailand too and Chris Hill went there also. Be interesting if his message to Thaksin Shinawatra was the same...listen that could be a BIG story for Southeast Asia US relations...let's work it up! Philippine Commentary is open to new bylines HB. I think I'll go bloghopping in Bangkok.

HILLBLOGGER said...

Haven't got proper data to write more on the Ch Hill visit to Asia save for that one. T'was just repeated to me by an officer in an intel agency here.

Did you know that while the US intel gathering site in RP is their most important in Asia, there are more US intel assets deployed in Thailand than in Pinas?

Wondering why... heheh!

HILLBLOGGER said...

Ask Tom Barnett what he thinks! His thoughts will be A1.

Rizalist said...

Yeah Tom Barnett's got a website, but I follow a general discussion of his and other similar ideas at Zenpundit. It's a good site with lots of theorectical stuff. Chasing down chris hill's stuff now...

I had a really good peanut butter and strawberry sandwich on Tagaytay ridge yesterday...

HILLBLOGGER said...

Hah! Welcom to the Peanut Butter Sandwich Club! But hey, you ain't tasted a baguette peanut butter sandwich yet, have you? Just oooomph! Really better than soft slice bread peanut butter.

HILLBLOGGER said...

DJB,

Send Tom Barnett an e-mail - he'll reply! Would be good if he could link philippine commentary to his blog.

Rizalist said...

hb,
tom barnett gave a presentation of his novel ideas at a DOD sponsored seminar on globalization and war in Virginia a few months back. He was followed in the lineup of speakers by ta da...Victor Corpus. I covered Vic' presentation on China with links to his and barnett's talk including a videos of the whole thing in this post:

China's New East Asia Co-prosperity Sphere

check it out! fascinating scenario vic lays out for war between US and china! (bit of a boy soldier's fabulist he is)

HILLBLOGGER said...

DJB,

There are two international issues which are hogging the headlines:

- Iraqi government's PM stepping down to pave way for a unity government. Shit, the guys are several step ahead of Pinas government - these guys have far more delicadeza than your Gloria.

- Iran nuclear thing: might reach UN Security Council amidst Iran threat that it will defend its rights... geez, it's gonna be messy! Pooooh!

HILLBLOGGER said...

In the UK: potential split in the Anglican Church over gay marriages (ugh!)

Re: DOD's guest speaker - hahahah! Victor Corpuz is promoting his book eh, "The Invisible Army".

Maybe, I should suggest to friends here that they also invite him and ta daaaa... JoMa.

That'll be quite a reunion, don't you think?

Rizalist said...

You know things are apparently not as bad in Iraq as we've been told (though of course no one can descibe it as good either!) But I just read a piece by my favorite former intel officer turned New York Post columnist, Ralph Peters (formerly of the US Army War College, too, I think) who was in Baghdad and posts, Dude, what civil war?

As for Iran, heck Nato is offering to help the US bomb the uranium enrichment facility. (via memeorandum)

Rizalist said...

We should give Ellen Tordesillas and Ricky Carandang some comment-love tonight coz the word is they may be among those being "watched." I couldn't believe that Raul Gonzalez claiming ABSCBN News were inciting the people to rebellion at Ft. Boni that sunday!

HILLBLOGGER said...

Re: Nato is offering to help bomb Iran uranium site

OK, why don't you and I cover that heh DJB? I mean it, cover Nato expedition on the spot! You gotta have NATO press credentials though...

Gosh, I have very good friends in Tehran - pro western friends. Boy, oh boy!

HILLBLOGGER said...

DJB,

A NATO friend's comment on bombing (had him on the phone this instant):

"Most unlikely that Nato friends will agree - Very unlikely! Turkey will definitely not agree coz it would be act of war - Turkey can't afford war with neighbour Iran - also, you need European member nations' (even if they are Nato members) approval - too difficult.

Most likely US will just look the other way to encourage Israel to do it."

There you go DJB! (had to type as fast as i could while he was rattling those things.)

Re: Raul Gonzales' load of frogshit

Have posted something in his blog and mine "A Letter to Ricky Carandang". Atty at Work sent this comment:
atty-at-work has left a new comment on your post "Letter to Ricky Carandang http://hillblogger.blogspot..com/2006/03/letter-to-ricky-carandang.html ":
" Hillblogger, for anything this is worth: "The interest of society and the maintenance of good government demand a full discussion of public affairs. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and an unjust accusation; the wound can be assuaged with the balm of a clear conscience. A public officer must not be too thin-skinned with reference to comment upon his official acts. Only thus can the intelligence and dignity of the individual be exalted. Of course, criticism does not authorize defamation. Nevertheless, as the individual is less than the State, so must expected criticism be born for the common good. Rising superior to any official or set of officials, to the Chief Executive, to the Legislature, to the Judiciary -- to any or all the agencies of Government – public opinion should be the constant source of liberty and democracy." (SC) "

HILLBLOGGER said...

DJB, Wonder how many copies of "The Invisible Army" Victor Corpuz has sold - should be a big hit in the US, don't you think?

If you can't get hold of a copy go to the National Defence College of the Philippines (NDCP) library - you can consult it there! Very very thick!

HILLBLOGGER said...

DJB,

This report caught my attention:

NBI subpoenas general linked to coup
First posted 04:59pm (Mla time) Mar 06, 2006
By Margaux C. Ortiz
Inquirer
http://news.inq7.net/top/index.php?index=1&story_id=68508

In military parlance, Senga has final say on whether NBI summons should be heeded.

AFP should have priority on conducting investigation on its elements.

Wonder whether Senga would surrender Lim even if it seems AFP advocate general has not finished his investigation (hahah! what coup plot?).

Rizalist said...

haven't read that one. our big problem in the modern world is there is too much to read that we can only pick and choose and budget our time. i may take a glance at that, though I think he is history now.

I think Nato is acting like that because France seems genuinely concerned.

HILLBLOGGER said...

Nope, djb.

The US can't rely on its major NATO ally - Turkey!

I think the Israel solution is the better solution.

HILLBLOGGER said...

Yep - you ain't really missing sumpthin if you ain't read it yet. Basically, it's a good plot, idea for computer games - heheh.

Rizalist said...

I don't want another war there, don't get me wrong. I actually need to follow the developments more closely ahead of the IAEA meeting on Monday. I feel an especial dread and connection--one of my advisers in grad school actually tightened the last few bolts on Big Boy before it devastated Hiroshima. Seems he'd been waiting to die for 50 years by the time I met him. Said he never had a good night's sleep in half a century!

HILLBLOGGER said...

Yep, can't blame him. Why even war freak Dick Cheney froze when he saw what damage hunting pellets could do - hahah!

john marzan said...

"I require no lectures from the junior Senator from Wisconsin as to the dangers or terrors of Communism. Having searched my conscience and my files, I cannot contend that I have always been right or wise, but I have attempted to pursue the truth with diligence and to report it even though, as in this case, I had been warned in advance that I would be subjected to the attentions of Senator McCarthy."

-- Edward R. Murrow

http://www.script-o-rama.com/movie_scripts/g/good-night-and-good-luck-script.html

HILLBLOGGER said...

DJB,

Just visited Olde Philippine Commentary (Auld PhilCom) link to Gov Ph news via TotsBun.

Documentary proves beyond doubt existence of plot vs. gov't -- Bunye
SUNDAY, MARCH 5, 2006  |  NATIONAL DEFENSE
http://www.gov.ph/news/?newsid=11934

I admire TotsBun's force of character - I mean, forcing such thrash into everybody's throat. Man! One's gotta have lotsa character to do that. I gotta hand it to him. Goebbels would've been proud of him.

I feel like asking him to give me back the beret - shoulda gifted him a Nazi cap had I known he would turn out to be Goebbels Jr.

HILLBLOGGER said...

Hey DJB,

Wonder whether we could put something together by way of Philippine "Data Mining".

New high tech method to piece data by digging up all potential intel materials e.g., news publications, google postings, blogs, gov't websites etc.

Data Mining will help us analyze govt plans and actions in advance and foresee tactical ripost, also will help provide proofs and evidences when said govt plans and actions tend to circumvent the law.

Data Mining is one hell of a method.

DJB, I'm serious! It's the latest thing in intel gathering.

HILLBLOGGER said...

DJB, you're a physicist so this won't be too difficult for you.

Btw, the French have just come up very recently with a new software but which is not yet on the market.

Check out Amazon (have got the book but finding it difficult to understand algorythmn samples).


Data Mining Techniques
by Michael J. A. Berry, Gordon S. Linoff
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Book Description
The unparalleled author team of Berry and Linoff are back with an invaluable revised edition to their groundbreaking text The world of data mining has changed tremendously since the publication of the first edition of Data Mining Techniques in 1997. For the most part, the underlying algorithms...

Adam said...

http://flickr.com/photos/adamdavid/108845694/

Karl M. Garcia said...

Comment love time!

Ellen and Ricky(to include Pia and Ces)
Needless to say don't get intimidated and who cares if you are not liked by Malacanang as Mike Defensor might say...who cares what they think.

DJB,
I might have said that we must try to trust the SC (previous post comment)but with the way you put maybe we sould not.

Rizalist said...

Hi Karl: I think too many Filipinos equate the Supreme Court with the Holy Magisterium of the Roman Catholic Church. That is so wrong. There is nothing final about a Supreme Court ruling...it stands only until a future Supreme Court reverses it! But I do have an open, if extremely skeptical attitude towards it.

Karl M. Garcia said...

By the way DJB

I gave my comment love to the resective blogs of Ellen and Ricky..

and may I request others do to do as well.

bernardo F. Ronquillo said...

DJB, You cannot expect otherwise from Chief Justice Panganiban. It was planned that GMA will lift 1017 to give him the reason for declaring the petitions against it moot and academic. And the SC will do that. They will ignore the fact that Gonzales said that they will not hesitate to put it up again. Wise move, but foolish. But whoever said that they are not willing to be called so if they can get what they want. Smart, yes, very smart.

DJB, GMA is succeeding in muzzling media. Perhaps, not particular journalist. But the threat of losing their franchise has forced the leaders of media to walk softly and tenderly. ABS-CBN is on the carpet right now and GMA7 is being friendly to their namesake. I am switching to ABS-CBN to see if they too become a friend. I will not be surprised.

I am one of the people, yet I will not speak for the people. But for myself alone. I want to answer a query going the rounds today: Why have I not gone out to the streets? First, I cannot accept the present company. They are the ones responsible for installing GMA and they should suffer for it. Foremost, I am not going in the streets because the price is too heavy - the bloodletting of millions of Pilipinos in the streets of our land is something I cannot take. That is too much to pay just to put a bad president down. She is not worth it. Her punishment for staying on is a presidency that is constantly on guard against all sectors of our country. She will have no peace of mind at all times. If that is the kind of life she wants, I am wont to give it to her.

But please whoever you are, do not tell me that there is no alternative to Gloria. And don't state that as an excuse why the people not coming out. Come on! Anyone of the best Barangay Captains can do a better job.

If Gloria thinks that she is the best bet to lead our county but 80% of the people wants her to step down, then let us have SNAP ELECTIONS where she and other persons courageous enough can come before the people in a free election supervised not by the present COMELEC but by the United Nations.

But why should Gloria do this when she is already President? Yes, why? Well, if does no know why or even if she knows she ignores it, there is no use arguing about.

Karl M. Garcia said...

BFR,
As always..

Well said!

DJB,

Yeah, people should not look at the SC as the infalliable one.

Rizalist said...

bfr--i really agree! when the IBP marched to the Edsa Shrine, I guess they were proving a point. But the media mainly picked up on the minor scuffling, and if you weren't paying attention you might've thought it was another one of those usual demonstrations. Heck if they all spent whatever energy they did there on researching and understanding the intricacies of these proclamations and all the events -- to work on filing actual cases against these erring officials I mean -- that I would consider a better counter to what is happening? di ba? the opposition is such a one horse act, it seems. endless street protests. that seems to be it!

Rizalist said...

hb, regarding data mining, it's a matter of scale. Google search is also a form of data mining available to everyone. I think the data mining operations of the NSA which you may be referring to are on a different order of magnitude and sophistication than we could do with PC's or MACs. There they suck up not only Web content such email and weblogs, but also raw cell phone and landline ransmissions, which we could never imitate. Plus they use sophisticated software to do the analysis, stuff with millions of lines of code to detect patterns and clues, to break cyphers and codes, and to do comparative analysis of data and code streams at a level civilians could never match without significant funding and R&D. Nice thought HB, but Google and Yahoo and personal contacts are all we've got!