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Responsible Parasitism

The taxing, toxic talk of taxes being squandered on students of state universities who would rather attend rallies than their classes has been a staple spiel of state nationalism’s apologists. Under the current regime, the presumed free tuition makes matters worse because subsidized scholars are supposed to thank Tatay Digong, as if his divine powers transmute the budgetary resources ex nihilo, to bless his loyal subjects and to deliver them from the evils of ignorance, propagated by the likes of Rappler and its foreign masters.

Makes sense. Students who opt to remain in the classroom are prone to trust bite-sized oft-repeated government-sponsored “truths.” Or, they can be driven to confusion to the point of inaction, and end up focusing on their studies, finding job opportunities; then later, frustrated and fed up to the point of also blaming the reklamadors or the activists who have been trying to painstakingly explain why and how the authorities systematically divide and conquer, and what the aggrieved sectors ought to do.

Students who are allergic to the parliament of the streets can easily be convinced of a nationalism that serves the interests of the state, which labels critics and activists as enemies that divide the nation into warring factions making it vulnerable to foreign investors of Rappler. A certain “concerned writers of LuzViMinda” that will later brand itself as “writers for sovereignty” exude nationalist rhetoric against Rappler. The fight of writers for sovereignty exempts from scrutiny foreign mining corporations that plunder ancestral domains, displace indigenous peoples, and violate human rights; Rappler’s money is the root of all evil.

The struggle of such writers for recognition takes a weird turn, which is a bit desperate and pathetic, when probably one of the youngest in their coterie takes the opportunity to interview older writers so they can expand their readership in an effort to maximize their ride in the waves of controversy that began with their collective applause for a government that persecutes a liberal platform that hosts articles advocating different causes, including anti-poor ones that shame Kadamay and red-tagging column articles.

Not bad for a career move, oh, great concerned sovereign writers, thou art light-bringers in the dark times who tell the ignorant populace that Rappler, China, Dengvaxia, drug addicts, dilawans, communists, students are parasites complaining since time immemorial, wasting tax-money, fault-finding, nit-picking and pre-empting nation-building through Tatay Digong’s Federalism that shall salvage us all.


Students worth their salt shall try to understand issues critically; beyond binaries such as black and white, red and yellow, male and female, oppressor and oppressed, as there exist layers, grey areas, shifting spaces for negotiation, containment, resistance. Beyond analyses are actions, or lack thereof.

Commentators in social media worth their salt shall walk the talk and stop talking as if rallies are walks in the park and kampuhans (camps) are sleepovers and revolutions are pajama parties, as if these recreational activities are solely meant to make the government look bad. Beyond laptop or iPhone screens are life-and-death situations and struggles that are beyond the comprehension of fence-sitters and free-loaders who will also benefit once reklamadors win the fight for education, press freedom, housing, wage increase, land reform, and other rights guaranteed by the constitution that the actual (usually unwitting) parasites wanted to change.

Dreamers of a better society worth their salt shall engage in praxis to find out that adjectives such as “irresponsible” and “indolent” describe neither the student-activists nor the so-called “squatters” (sometimes euphemised as “informal settlers”), who stage demonstrations and seize spaces, and to realize that nouns such as “leech” and “parasite” correspond neither to the workers nor the peasants. Organized sectors collectively design campaigns, execute programs that shall later be assessed and be taken into consideration for the succeeding plans of action—far from the matapobre’s (approximately, “elitist’s”) picture of a whining bum who waits for blessings and complains upon receiving and asks for more.

How to know if leeches are worth their salt? Osmosis.


Digong suggested giving to bright Lumad the slots in UP that shall be taken from iskolars ng bayan (scholars of the people) who waste tax money. A few months ago, Lumad students camped at UP Diliman, because Digong, succumbing to rightist paranoia and militarism, threatened to bomb their schools in Mindanao. The President’s accomplices intensified the campaign to paint the militant youth and progressive sectors as parasitical scum that hinders the growth of the nation. Common trolls and proud citizens flash their figurative tax-payer card to discredit mass movements and to imply that studying inside the classroom and participating in protest actions are mutually exclusive.

Had there been taxes wasted on parasites, these are spent on services for yes-people who enthusiastically clap and affirmatively nod to this regime’s anti-people policies that they mistake as just mere disciplinary measures, or some sort of birth pains before the rise of a new Filipino society that reminds us of the national destiny promised by Marcos and Hitler to their respective subjects (and objects). Had there been parasitical scholars, they are those who remain uncritical and unfazed by blood drenching asphalt streets and ancestral domains.

These “apolitical intellectuals,” as poet Otto Rene Castillo called them, may reconsider taking responsibility for their [in]actions by stepping out of the university, for good, so they can employ themselves in click farms, which are also owned by the government and/or opposition politicians who lost in the previous elections—hence also profiteering from the people’s treasury, remaining as parasites, albeit responsible ones who are true to themselves in their natural environment: dignified surfs working on digital fiefs. But of course, in a democracy such as ours, students and teachers can decline the click-farm offer and continue to school themselves in isolation from pressing issues and position themselves as centrists, especially if they prefer delusions that feed on others’ nightmares over dreams that emancipate. (davaotoday.com)

CLEAN TOURIST CITY

CLEAN TOURIST CITY. Davao City Mayor Sara Duterte-Carpio receives the Association of Southeast Asian Nation (ASEAN) Clean Tourist City Award presented by Department of Tourism region 11 director Antonio Fernando Blanco during Monday’s (February 5, 2018) flag raising ceremony in front of the Davao City Hall. (Robby Joy D. Salveron / davaotoday.com)

Calida rehashes Binay issue to defend Carandang suspension

But are they the same? Not exactly because one involves a doctrine and the other, a statute.

Published 7:49 PM, February 02, 2018

Updated 11:20 PM, February 02, 2018

IN DEFENSE. Solicitor General Jose Calida defends Malacañang's suspension of Overall Deputy Ombudsman Arthur Carandang despite a Supreme Court ruling taking away the President's power to discipline a Deputy Ombudsman. File photo by Ben Nabong/Rappler

IN DEFENSE. Solicitor General Jose Calida defends Malacañang’s suspension of Overall Deputy Ombudsman Arthur Carandang despite a Supreme Court ruling taking away the President’s power to discipline a Deputy Ombudsman. File photo by Ben Nabong/Rappler

MANILA, Philippines – “Look who’s talking?” is the latest offensive hurled against Ombudsman Conchita Carpio Morales as Solicitor General Jose Calida recalled the time when the Ombudsman suspended former Makati City mayor Junjun Binay despite the existence of the condonation doctrine.

The condonation doctrine says a reelected official should no longer be made accountable for an administrative offense committed during his previous term.

The Supreme Court would later strike down the doctrine. But Calida argued: what is the difference between Morales supposedly violating an existing doctrine at the time, and Malacañang violating an existing ruling now?

The answer: It’s a doctrine vs a statute, said Abdiel Dan Elijah Fajardo, the national president of the Integrated Bar of the Philippines (IBP).

“When the Executive Secretary (ES) issued the suspension order, there was no law to apply. The ES supplied a law that was not there,” Fajardo said.

Let’s explain.

Doctrine vs statute

The condonation doctrine was borrowed from American jurisprudence. It’s not a statute, but it was used by the Supreme Court in several rulings, and invoked by Binay then.

“When the Ombudsman skewered then mayor Junjun Binay by finding him guilty of graft over the Makati Parking Building, did she respect the Aguinaldo doctrine, which was the prevailing jurisprudence at that time? No.” Calida said on Friday, February 2. (READ: The Carandang conflict: Threat to checks and balances)

Morales did not find Binay guilty of graft, the Ombudsman is not a court. What she found him guilty of was the administrative charges of grave misconduct and serious dishonesty. On that basis, she suspended and later dismissed him from service.

“Now, she chides the Office of the President for ordering the preventive suspension of Overall Deputy Ombudsman Melchor Carandang (ODO), which she characterized as ‘a clear affront to the Supreme Court.’ Look who’s talking?” Calida said.

In the Carandang suspension, Malacañang issued the order despite a 2014 ruling from the Supreme Court declaring unconstitutional Section 8 (2) of the Ombudsman Act, which previously gave the President the power to discipline Deputy Ombudsmen.

Fajardo explained: “In the case of Binay, the Ombudsman ignored the condonation doctrine in effect, because it’s not in the law. In this case, the power to discipline a deputy ombudsman was part of the law, and it was declared unconstitutional.”

Constitutional law professor Dan Gatmaytan explained it this way: the condonation doctrine is a matter of defense in an administrative case, while the SC’s 2014 ruling is an interpretation of the Constitution.

“In other words, the Constitution itself limits the President’s powers over the Office of the Ombudsman,” Gatmaytan said.

He added: “Administrative agencies typically conduct their investigations and file the appropriate cases based on their findings. Respondents then set out their defenses including the condonation doctrine if applicable. I do not know of any case where the disciplining authority was reprimanded or sanctioned for not checking the applicability of the doctrine.”

Gatmaytan also said that Calida’s Binay defense is “not a valid argument.”

“You cannot justify the Carandang suspension on the ground that the Ombudsman may have ignored the condonation doctrine before. The issue is whether there is a legal basis for the suspension, not whether the Ombudsman’s record is pristine,” said Gatmaytan. (READ: Carandang case: Impeachment for Morales or Duterte?)

Showdown

Calida said that when Morales inhibited from the investigation into President Rodrigo Duterte’s wealth and appointed Carandang to head it, she “created a procedural, legal and ethical vacuum” precisely because of a lack of a clear rule on who can discipline a Deputy Ombudsman.

Carandang was suspended due to alleged disclosure of Duterte’s bank records as he was investigating a complaint on alleged ill-gotten wealth.

“The President, in issuing the preventive suspension, merely filled the vacuum left by the Ombudsman’s masquerade, and enforced accountability in public service,” Calida said.

This is a clear showdown between the Executive and a constitutional body.

“The Office of the Ombudsman is not a fourth branch of government,” Calida said, implying that it does not enjoy the same independence accorded the 3 branches.

Where does this take us? The Office of the Ombudsman has not responded to queries on whether it will file a petition with the Supreme Court. Presidential Spokesperson Harry Roque said they will not go to court, but will answer Carandang’s petition if there is one and if they are confident of a reversal.

Either way, Gatmaytan said Malacañang has achieved exactly what it wanted: a controversy that the Supreme Court may rule on.

How will the SC rule – will it reverse itself to favor the President? Rappler.com

NUPL claims cops plant firearm, grenade on possession of Baylosis

Rafael Baylosis. Contributed photo by Pinoy Weekly

The firearm and grenade reportedly seized from the apprehended consultant of the National Democratic Front (NDF) were only planted, National Union of Peoples’ Lawyers (NUPL) president Atty. Edre Olalia claimed on Friday.

NDF consultant Rafael Baylosis and his companion Roque Guillermo Jr., were arrested by operatives of the Criminal Investigation and Detection Group-National Capital Region (CIDG-NCR) in Quezon City last Wednesday.

READ: Red leader nabbed in QC

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While a police report disclosed that the two yielded two .45-caliber guns, 14 bullets, two magazines, cellphones, and assorted documents, Olalia said they were merely planted.

“When NDF consultant Raffy Baylosis was seized Wednesday afternoon, there was no outstanding warrant against him. The gun was simply planted,” Olalia said in a statement.

“During the inquest yesterday, suddenly a hand grenade decided to come out of thin air. So the false charge was not only illegal possession of firearm which is bailable. Now to make the case non-bailable, the gun decided to give birth to a hand grenade, an item which was not mentioned in the police spot report issued earlier,” he said.

Moreover, Olalia noted that the Manila Regional Trial Court (RTC) Branch 32, which hears the murder charges filed against Baylosis, denied the earlier motion of the prosecution to cancel his bail and order his rearrest.

“So the only basis for his arrest was the concocted story that a known 69-year-old peace consultant was swaggering around a busy city street with a gun in his waist and a grenade ‘associated’ (the police’s term, not ours) with the brown rice he was holding,” Olalia said.

“What a way to plant and cook evidence,” he lamented.

Baylosis and his companion are currently detained at the Philippine National Police headquarters in Camp Crame, Quezon City. /jpv

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Court orders transfer of Customs fixer Taguba to Manila city jail

Updated

By Analou De Vera

The Manila Regional Trial Court (RTC) has denied the request of customs “fixer” Mark Taguba to remain under the custody of the National Bureau of Investigation (NBI) and ordered his immediate transfer to the Manila City Jail.

Mark Taguba gives a stament during the 4th Blue Ribbon Senate Hearing on illegal shipment of the 6.4 billion-worth drugs from China. (JAY GANZON / MANILA BULLETIN)

Mark Taguba (JAY GANZON / MANILA BULLETIN)

The Manila RTC Branch 46, under the sala of Presiding Judge Rainelda Estacio-Montesa, said that Taguba’s camp failed to establish that his life was in danger. The court also cited that the NBI is not authorized to hold Taguba under their custody.

Taguba has been arrested by elements of the NBI on Wednesday evening after the same court issued an arrest warrant against him and seven others over their alleged involvement on the controversial P6.4 billion shabu shipment.

The court also ordered the arrest of Li Guang Feng alias Manny Li; Dong Yi Shen Xi alias Kenneth Dong; Eirene Mae Tatad, Teejay Marcellena, Chen I-Min, Jhu Ming Jyun, and Chen Rong Huan, after the court found “probable cause” to charge them for violating Section 4 Article II of R.A. 9165 (Comprehensive Dangerous Drugs Act of 2002).

Taguba is set to appear again in court after Montesa set his arraignment on February 9.

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Cops ambushed in separate attacks in Basilan, Lanao del Sur

MAGUINDANAO, Philippines — Gunmen ambushed two police teams — one in Basilan and the other in Lanao del Sur — in separate attacks Thursday.

Chief Superintendent Graciano Mijares of the Police Regional Office-Autonomous Region in Muslim Mindanao said Friday no one from among his subordinates got hurt, but the attacks caused panic among villagers near the scenes of the incidents.

Members of the Lantawan municipal police in Basilan were returning to their station from a peacekeeping activity when suspected Abu Sayyaf gunmen fired at their vehicle while at Barangay Bulan-Bulan southwest of the municipality.

The passengers of the patrol vehicle, SPO4 Richelle Perez, SPO1 Ruffe Hunas, PO3 Abdelkhan Sakandal, PO3 Abdurahman Ismael, PO2 Hadzmin Abdulajid, PO1 Sotero Malawit Jr. and PO1 Murada Bantarasa, managed to return fire, preventing their attackers from closing in.

Mijares said the incident was preceded by the ambush by bandits of a group of combined soldiers and policemen in Pualas, Lanao del Sur.

Personnel of the Pualas municipal police and the Army’s 55th Infantry Battalion were on separate vehicles en route to the border of Barangays Bolinsong and Ingud northeast of the municipality when they were attacked by no fewer than 10 men armed with M14 and M16 assault rifles.

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The bandits hurriedly escaped when the policemen and soldiers they fired at outflanked and almost cornered them as the gunfight ensued.

In a report to Mijares Friday, Senior Inspector Knievel Salem of the Pualas municipal police said local officials and barangay leaders have confirmed that the ambushers were led by Masood Dagar and his siblings Moomin, Ola, and Momong.

They are all wanted for heinous offenses, including large-scale drug trafficking, motorcycle and cattle theft.

Mijares said he has directed municipal police probers to file criminal charges against the Dagars for perpetrating the ambush that endangered the lives of policemen and soldiers.

More drug addicts in LuzViMin, less in NCR — SWS survey

THE number of drug addicts in villages across the country have increased, even as Metro Manila residents think there are fewer drug addicts in their communities, a nationwide survey taken in the last quarter of 2017 revealed.

The Social Weather Stations (SWS) survey released on Friday showed that families in Luzon, Visayas and Mindanao believed that “presence of drug addicts in their neighborhoods” has become greater than before.

In Luzon, the number of drug addicts rose by 11 percentage points to 45 percent in December 2017 from 34 percent in September 2017, according to the survey.

The SWS, however, noted that the “annual average presence of addicts” in Luzon was at 46 percent, which was way below the 54.5 percent average in 2016. It added that the rate was also the lowest since the 42.3 percent average in 2013.

In the Visayas, the survey recorded that the presence of addicts rose by three percentage points to 43 percent in December 2017 from 40 percent in September 2017.

In Mindanao, the survey revealed that the number of drug addicts rose also by three percentage points to 30 percent in December 2017 from 27 percent in September 2017.

But the SWS likewise noted that annual averages for both regions were at 41.5 percent in Visayas, and 37.3 percent in Mindanao for 2017 – way below their recorded averages in 2016, which was 56 percent in the Visayas and 51 percent in Mindanao.

Further, the SWS said that the 2017 average of Visayas was also the lowest since the 30.5 percent annual average in 2012, while the average in Mindanao was also the lowest since the 33.3 percent annual average in 2011.

For validation

Sought for comment, Supt. Reyman Tolentin, information officer of the Police Regional Office in Central Visayas (PRO-7), said they were doing their best to lessen, if not to eradicate, the volume of shabu that comes to the region.

“If the people feel that the number of drug addicts in their places has increased, then we will validate that,” he said in an interview on Friday.

Based on the records of PRO-7, about 100,000 drug dependents have surrendered to authorities since President Rodrigo Duterte assumed his post in July 2016.

At present, Tolentin said only less a thousand drug users who were in the police’s drugs watchlist in the region have yet to surrender to the police.
“We will come up with a new list of drug users in the region with the help of the local government units,” he said.

Tolentin assured the public that there will be no let up in their campaign against the narcotics trade.

Record low

Families in Metro Manila, meanwhile, think the presence of drug addicts in their communities have decreased. The survey said the rate fell by 12 percentage points to 50 percent in December 2017 from 62 percent in September 2017.

This brought the 2017 average presence of drug addicts in Metro Manila to a record low of 57.8 percent, according to the SWS.

“This is 12.2 points below the record-high 70 (percent) annual average in 2016, and 0.2 point below the previous record-low annual average of 58 (percent) in 2006,” it pointed out.

No attribution, however, was indicated by the SWS as to why the interviewed adults think there were more or less drug addicts in their communities.

The survey, conducted from Dec. 8-16, 2017, used face-to-face interviews of 1,200 adults (18 years old and above) nationwide. It has a margin of error of plus or minus three percent nationwide, plus or minus four percent for Luzon, and plus or minus six percent each for Metro Manila, Visayas and Mindanao.