Disqualification of BGen. Danny Lim is a Contradiction to Democracy

Brigadier General Danilo Lim’s candidacy is endorsed by three political parties. He is recognized by the Liberal Party as its guest candidate, including him in the party’s line up of senatoriables. His wife Aloy represents the Danny Lim in the Liberal Party’s provincial sorties and campaign strategy meetings precisely because he is one of LP’s candidates.

Danny Lim is faring well in the surveys, and although he is not yet in the top 12, he is within striking distance, way above other candidates whom the Comelec has allowed to proceed with their candidacies. He has an ongoing internet campaign which rivals those of the more monied candidates with an online following which definitely covers the entire country, even beyond.

As a top leader of the Magdalo, which has proven its ability to launch a nationwide campaign and propel a candidate to the Senate, he has an established network on the ground, rivaling other more established political parties.

To me, the decision by the Comelec to disqualify Danny Lim to run for Senator on the gorunds that he is a nuisance candidate because he supposedly does not have the ability to campaign for the senate is a contradiction to democracy. While it is indeed a responsibility of the Comelec to ensure that only the qualified and the serious candidates are included in the list that the people will choose from, it is also their duty to uphold the constitutional right of citizens to vote and be voted upon.

Clearly, BGen. Danny Lim is not a nuisance candidate. He may be irritating to an administration which is sensitive to criticism and calls for reform, but he is definitely worthy to present himself to the electorate and be voted upon.

Maguindanao Martial Law–Is There an Invasion or Rebellion?

The 1987 Constitution provides for Presidential powers to declare martial law:

“ Article VII, Section 18 – The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

The president is then mandated to submit a report to the Congress which may revoke the declaration or suspension of the writ of habeas corpus.

In the declaration of martial law in Maguindanao, the basis of the declaration cannot be helped but be questioned. As provided for in the Constitution, the president may declaration of martial law only in the case of invasion or rebellion.

Under the said provision, where does the Maguindanao situation fall under? Invasion? By who? Is it a rebellion? Is the provincial government of Maguindanao led by the Ampatuans taking up arms against the government?

While I would like to support government initiatives which will ensure the maintenance of law and order in Maguindano following the Ampatuan Massacre, I do not see the reasons that would justify a declaration of martial law as prescribed in the Constitution. Considering the current atmosphere of peace and order, there is not even enough reasons to call out the Armed Forces because there is no lawless violence going on in Maguindanao.

The Congress should reject this declaration because it has no firm basis to stand on and it will open up the avenue for those who have previously expressed their proposal for a no-elections scenario to pursue their plans. If martial law is allowed to go on in Maguindanao, trouble can easily be created in other parts of the country and the expansion of the coverage of martial law can immediately be justified.

With elections just around the corner, and recent talks of No-El scenarios still ringing in our ears, the imposition of Martial Law in Maguindanao under circumstances which do not require it should really be met with skepticism.

A Lesson in Conversation

This really happened..

I was invited as Guest of Honor and speaker during the anniversary of an academic institution not too long ago. After the ceremonies and the photo opportunities that usually follow such engagements, I was invited to join the college’s officials and faculty for lunch.

It was a good opportunity to get to know the people better and establish linkages. Over lunch, I chatted with several of them who were seated near me. It was a bit difficult, owing to the level of noise in the room, what with everyone talking all at the same time. I had to strain a little to understand the person I was talking to.

One of those I was chatting with was a dean of one of the colleges, who was once connected with a well known NGO doing work around the world. She told me prior to settling down in the college, her work with the NGO brought her to countries like Somalia, Ethiopia, East Timor and other places experiencing extreme poverty and conflict.

I was impressed with her experience. A distinguished looking lady who did serious work not just for the Philippines but the world! And now a dean of a college!

To continue the chat, I told her that my father recently visited Ethiopia and he gave descriptions on how terrible poverty is in that country. He said that going out of the hotel which was supposed to be located in the business district of that country’s capital, beggars lined the sidewalks shoulder to shoulder. So many people mired in poverty and hunger.

Of course she had experienced it first hand and knew exactly Ethiopia’s situation. She concurred with the story and she said, “The biggest problem of Ethiopia is Mass Starvation.”

Maybe it was the way she said it or the noise in the room. Or maybe it was me. But for a moment, I had to pause for what seemed to be an eternity of awkwardness as I processed what I think I heard.

Did she say what i think she said was the problem of Ethiopia? I was trying to keep a poker face as my mind raced in the speed of light, thinking of an appropriate response. Should I ask if people are now going blind or growing hair on their palms? Is it the result of a weakening belief in Church teachings? Moral decay?

The suddenly, I realized…oh, MASS STARVATION! Whew!

The lessons of the story is….1) listen carefully to the one you are conversing with and 2) think before you talk.

Political Vendetta Suspected in Decision to Oust Bulacan Governor

The Comelec decision to remove Bulacan Governor Mendoza five months before elections and a few weeks after he left Lakas and joined the Liberal Party smells like political vendetta.

The administration is now struggling to to rein in it’s members and prevent and exodus to other parties and it will do anything to keep it’s members at bay within the party.

The threat of sudden resolutions of election cases, as well as administrative and criminal cases of elected officials who are members of Lakas is the Sword of Damocles that the administration has over their members.

The case of Gov. Jonjon Mendoza may be seen both as a punishment to him for leaving Lakas and a warning to others who may be planning or contemplating a move out of the administration party.

But in the end, the practice may result in Lakas only being left with members of who have pending electoral. administrative or criminal cases.

President Arroyo Should Turn Over the Reins of Government if She Runs for Congress

President Arroyo Should Turn Over the Reins of Government if She Runs for Congress

President Arroyo should either resign or go on leave if she pursues her desire to run for the 2nd Congressional District of Pampanga. Of course, her counsel Atty Romy Macalintal will argue that there is no legal impediment for her to seek another elective post. That is a well known fact. The law does not compel her to vacate her post either by resignation or going on leave. I won’t even go into a discussion on delicadeza. We all know what the answer to that issue.

But I offer other reasons why she should give the post of president to someone else who can take full charge in a full time capacity the role of leading this nation during the elections.

The Maguindanao Massacre was definitely a politically motivated incident, one that is expected to have repercussions all the way to election day. It may even have spill over effects to neighboring provinces and spread throughout ARMM. In fact, one of the president’s allies is even proposing that martial law be imposed in that part of Mindanao to ensure peace and order.

Being a presidential election, other hotspots are expected in other parts of the country, hence the Armed Forces of the Philippines and the Philippine National Police will surely be on their toes in maintaining peace and order during the elections. This is the reason why I had earlier proposed that the Armed Forces Chief of Staff be extended beyond his retirement date of March 10, 2010, just so that the AFP will not have a change in leadership in the middle of the campaign period.

Being the Commander in Chief, the president should be full time in overseeing the enforcement of laws and measures to maintain peace and order during the elections. The president should not be sidelined by the concerns of her campaign for another elective post, a local one at that. We should not gamble with the president merely allowing an underling (especially the current acting Secretary of Defense Bert Gonzales) to carry out her instructions as she campaigns. Someone should take over the responsibility and accountability during that time.

Another matter which necessitates the full time attention of the President is the implementation of the first automated elections in the country. IT will be best for the country not to have a president distracted and preoccupied with a candidacy in the local elections while this historic venture into uncharted waters is being experienced by the country.

The president’s legal eagles and political pundits will simply repeat their script to defend the president’s decision to run—that there is no legal impediment to her candidacy. And it would be foolish for people to expect delicadeza to prevail. So if she wants to run, let her run.

But what I would like to raise at this point is the duty of the Office of the President ( the position, not the person) to ensure that the elections will be clean, credible and peaceful. She cannot do that full time if she will be a candidate for a local position in 2010. So if she wants to run, then she should turn over in accordance to legal processes the reins of power to someone who is not running for office and can perform the job full time.

Of course that would be the Vice President.

God bless the Philippines!

Malacañang Was Warned About the Maguindanao Massacre Three Months Ago

The whole world was caught by surprise and shocked by the Maguindanao Massacre. It was something never before seen in our country and it has immediately placed us in the number one position in the list of the world’s most dangerous places for journalists to be assigned.

People are saying this was something unimaginable, that no one expected it and no one could have foreseen the carnage. Well, it turns out that those premises were wrong. Someone did see it coming.

Someone saw it coming and warned the government. He warned Malacañang. And the warnings went unheeded.

About three months ago, August 28, 2009 to be exact, the Senate Committee on National Defense and Security and the Committee on Peace, Unification and Reconciliation conducted a joint public hearing on the peace process in Zamboanga City. One of those invited to be a resource person was the Vice-Governor of North Cotabato Manny Piñol. Vice Governor Piñol is one of the most respected officials whose opinion matters when the Mindanao situation is discussed.

In his statement to the Committee, Vice Governor Piñol revealed that he had warned Malacañang about the potential for the outbreak of hostilities between the MAngudadatus and the Ampatuans in relation to the 2010 elections. It was a warning which was explicit and clear. But in spite of that, it was ignored.

Following is the statement of Vice Governor Piñol lifted from the transcript of that hearing :

MR. PIÑOL : Government must be clear and straightforward with the MILF on what it can and cannot give. Government peace negotiators must get out of the box of the international standards and methodologies for conflict resolution and look at the Mindanao conflict as a problem we cannot and should not compare to the Northern Ireland or Darfur conflicts.

We were amused by the idea of Tony Blair negotiating peace in Mindanao. We were appalled by the suggestion that Manny Pacquiao could bring peace to Mindanao.

This shows how shallow and superficial the appreciation of some of our leaders of the problems in Mindanao. There should be no generic solution to the Mindanao conflict given the fact that problems have different complexions depending on the political, social and economic conditions of a specific area.

Take, for example, Maguindanao. What is the cause of the conflict in Maguindanao right now? It is a feud between the Ampatuans, a big political family and the MILF. And mind you, I have already forewarned Malacañang of an impending bigger trouble come 2010 elections because the Ampatuans are facing another big family, the Mangudadatus, and the Ampatuans are being backed by the military, the government. And that Sends the Mangudadatus towards the MILF orbit and this could spell trouble for Maguindanao in 2010.

I have already warned the GRP panel about this and I have forwarded this message to Chairman Rafael Seguis of the GRP panel.

The statements of Vice Governor Piñol were quite clear. The government was warned. If the warnings were heeded and the government stepped in by disabling the private armed groups in the area, we probably wouldn’t be mourning the deaths of 57 innocent people.

On whose hands have their blood spilled?

The Mindanao Massacre

The Maguindanao Massacre should unanimously be condemned by society, considering the brutality, ruthlessness and wanton disregard for human life that was displayed by the perpetrators. Killings brought about by political motivation is already despicable by itself, but to include innocent bystanders, especially journalists, is something that is beyond diabolical.

This act of violence, occurring at the beginning of the election season, may be a preview to the level of violence that may happen once the heat of the campaign period begins. With the culture of clan wars and blood debts prevailing in that part of the country, it is not unlikely that retaliatory attacks will occur between warring sides unless the government steps in to enforce the law and ensure peace and order.

At this early stage, the government should step in, with the imposition of localized emergency rule a feasible option. Now is the time for the PNP, assisted by the AFP, to implement its mandate of controlling the proliferation of illegal firearms and dismantle private armed groups. The PNP is now aggressively pursuing individuals with expired firearms licenses, but perhaps it is about time it flexes its muscles against the real threats to peace and order and political stability, the private armies.

As an additional measure, the government should show that there is justice in this country by actively pursuing the perpetrators and deal with them to the fullest extent of the law. The enforcement of laws against illegal firearms and private armed groups in response to this act of violence should also be accompanied with efforts to bring justice to the victims. It is one way to lessen the need for the side of the victims to take matters in their own hands and resort to street justice.

In light of the impact of this massacre in the political scenario in Maguindanao and probably even the entire ARMM, the government should now consider holding the elections in that part of the country earlier than the rest. It has been the experience in past elections that the national polls are effected by what goes on in that portion of Mindanao.

If elections were held there earlier, the PNP and AFP will be able to focus on what appears to be the hottest of the election hotspots during the elections. The level of violence at this early stage is almost sure to escalate. Early polls will also ensure that the conduct and result of the national elections will be insulated from whatever happens in that region.

Lastly, this election related event in Mindanao further boosts the basis for my proposal way back in April of this year that the term of Armed Forces Chief of Staff General Victor Ibrado be extended until the end of President Arroyo’s term. If General Ibrado’s term as AFP Chief of Staff is not extended, he will retire on March 10, 2010, which is right in the middle of the campaign period. With the tense situation in Mindanao, it might be best for the AFP not to change leaders midstream.

Norberto Gonzales is a Risk in the Department of National Defense

The appointment of Norberto Gonzales as Defense Secretary is not an assuring development in the defense sector. Rather, it is a backward step from all the gains brought about by previous leaderships in the department, from Sec. Avelino “Nonong” Cruz to Sec. Gilbert Teodoro.

The National Security Advsier has exhibited partisanship, actively espousing his own political ideology even among the ranks of the AFP, which is mandated by the constitution to be non-partisan, non-political. A few years ago, he conducted seminars among soldiers encouraging them to initiate political change contrary to the policies of the AFP and DND which prescribe soldiers to be insulated from politics. In those seminars, he advocated his personal political ideology and in a not-so-subtle approach, try to convince the soldiers that the current political system needs to be replaced and the ones to take the initiative should be the armed forces. On pressure from this representation, he was forced to stop the seminars which was deemed by the DND as unauthorized.

It is also troubling to note that Norberto Gonzales also recently proposed an extra constitutional transition government, which intended to prevent the conduct of the 2010 elections. With the national and local elections coming, there is great danger that Norberto Gonzales may use it as an opportunity to further his political agenda with the Department of Defense and the Armed Forces as his tools.

These are enough for us to see the appointment of Norberto Gonzales as risky not just to the professionalism and neutrality of the AFP, but also to the constitutional processes.

To top it off, he has exhibited a hostile attitude to the constitutionally mandated oversight institutions. He purposely avoided attending budget hearings of his agency, not giving respect to the House and Senate. As

A more acceptable person should be named as permanent replacement as soon as possible. Otherwise, the AFP will suffer in morale and may affect the professionalism of our soldiers.

My Reply to the Editorial About Me in Manila Standard Today, October 21, 2009

I was the subject of the Editorial of the Manila Standard Today with regard to a comment I made concerning the brazen robbery-hold up in Greenbelt 5. (Read it HERE)

I wrote to the editors requesting that my side be printed, especially since they publicly raised questions to me. I don’t know if my reply will see print in their paper, so I will also post it in the web:

The Editor
Manila Standard Today

Dear Editor,

This is regarding your editorial published on October 21, 2009, where questions were posed to this representation regarding a comment on the recent robbery in Greenbelt 5. Since the questions posed were publicly directed towards me, I am hoping that this reply will merit print in your newspaper in the interest of fairness and transparency.

Before I proceed to answering the questions posed by the editorial, please allow me to make some corrections to the write-up, which I think is necessary in order to ensure that only facts make its way to the public’s attention.

First of all, the editorial was incorrect when it said that I “felt compelled to comment on the daytime robbery”. I did not issue a press statement nor did I seek out the press to give a comment on the robbery. It was the media reporter who sought me out for my comment.

Second, the editorial was also incorrect when it said that I proposed there should only be one authorized supplier of uniforms for the police. My comment was that there should be a regulation of manufacturers of uniforms and that only suppliers who are contracted by the PNP to supply uniforms with the specified design, color and material should be allowed to manufacture the same. Manufacture of similar or the same material, design and color should be prohibited.

Third, the editorial was once again incorrect when it said that I proposed secret tags sewn into the uniforms. I made no such proposal, although I did have in mind that the designs should be exclusive and no other material should be manufactured which resemble the design for the PNP.

Fourth, the editorial also erred when it said that I supported a bill filed by a colleague which proposed to impose stiffer penalties on unauthorized use of police uniforms. The focus of my proposal is on the manufacturers and suppliers of those uniforms.

As to the questions, following are my answers:

The first question was how will changing the current uniforms prevent those who are already so inclined to create new counterfeit uniforms? Changing the current uniforms will automatically render all the counterfeit uniforms currently in circulation ineffective since there will be a new way to identify genuine police personnel.

As to the production of new counterfeits, that is where the proposed new regulations on the importation, manufacture, distribution, or sale of the new uniforms or textile material of the uniforms come in. While it is really difficult to prevent criminal intent (even currency, which has enough security measures and regulations are still counterfeited), we should de everything and anything we can to make it difficult, if not costly, to the perpetrators.

The second question, which asks how secret would a secret tag be, is irrelevant because I did not propose a secret tag in the first place. I would like to point out, however, that the uniforms of the US Army and the US Marines have distinct markings embedded in the design to easily identify counterfeit uniforms from the genuine.

The last question, which asks if I really think that determined criminals will be deterred by stiffer penalties for wearing fake uniforms is also irrelevant because that was not the subject of my proposal. My proposal pertains to the unauthorized importation, manufacture, distribution, and sale of police uniforms or textile materials for the uniforms, including those with similar designs or material.

As a matter of additional information, it might interest you to know that such a proposal is not even a unique proposal and I do not claim originality for it. In other countries, similar restrictions and regulations are imposed. I already mentioned above the measures adopted by the US Army and US Marines.

In Canada, there is even a federal law prohibiting the sale of uniforms issued to members of the Canadian armed forces, penalizing soldiers who sell their uniforms to surplus shops or civilians. They are required to return old uniforms to the government for proper disposal. Uniform designs are copyrighted in order to provide additional protection of their integrity under the law.

Finally, the editorial said that if there was anything that I proved, it was that the mouth moves faster than the brain. I couldn’t agree more.

Yours truly,

Ruffy Biazon
Lone District, Muntinlupa City

Install Flood Warning Systems in Areas Along the Path of Water Released From Dams

Flood warning systems should be installed along the paths of water released from dams in order to alert the people regarding oncoming floods. A flood warning system composed of a loud siren activated by the operators of the dam everytime they release water should be placed at regular intervals along the areas determined to be affected by the sudden volume of water.

While currently there is a system in place wherein dam operators give notice to the Provincial Disaster Coordinating Councils (PDCC) and Municipal Disaster Coordinating Councils (MDCC) prior to releasing water, it is obvious that it is insufficient or even ineffective. It is clear that the information does not reach the grassroots, owing to failures along the channels of communication or the lack of time for thorough dissemination.

A common account of the people who fell victim to the recent floods in northern Luzon is that they did not get warnings about the release of water from the dams.

In other countries, very loud sirens similar to air raid sirens used in World War II are installed along the channels where flood waters flow and warn people residing on or near those areas whenever there is a threat of rivers, creeks or waterways overflowing to dangerous levels.

The flood warning systems should be operated and controlled by the dam operators so that the warnings will be activated instantly whenever needed. While warnings should still be communicated in the traditional manner, that is, through communication with PDCCs and MDCCs, an alarm audible to the residents of an affected area is still a method which will guarantee that there is timely and adequate warning down to the grassroots.