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Saturday, March 3, 2012

PDI reader Did not Read RA 6426

Reflections

I just read a comment by a PDI reader in the Letter to the Editor portion alleging that the RA 6426 is intended for foreign depositors only.

I googled the law and saw and verified that there is no such provision.

I would have appreciated that he researched very well what he was writing on;   he made it appear that the SC justices in issuing the TRO do not understand the RA 6426

No Plan B for Prosecutors

Reflections







There seems to be no plan B for the Prosecution vs CJ Corona;  Ms Monsod notes in her PDI column.  The idea was just like for Gutierrez;  the CJ would be pressured  into resigning.  Thus the contemplated witnesses who refused to testify, the unverifiable allegations cant be pursued;  the witnesses would not come forward;  and the cases could not be buttressed.

And in effect, it was an admission of a sloppy work.  The amateurs were not prepared and must suffer the tirades of the Lady Senator and admonition of the Senate President.

We Really Need Mining; Activists Open Your Mind.

Reflections

The debate yesterday at Intercon re the Bureau of Mining presentation on the mining industry  must be understood by everyone that:

l.  PHL need the mining industry now, because:   commodities is a critical investment in this difficult times, we need something to keep our economy afloat:   the Eurozone and US problems may impact the country very soon.  OFW and the BPO will be surely affected by the these developments.  Earnings from those two industries will decline;

2.  Controlled mining is needed:   more royalties for the government, more benefits for the localities where mines are located.

3.  Reycling must continue because:   it does put undue pressure on the resources and energy to extract the minerals.  But the high tech equipments and gadgets ups the demand for precious metals:  the black ops metals.  Recycling will not be enough to sustain demand for strategic metals as lithium etc and other heavy metals.

Lacking Understanding of the Rules of Courts and Evidences.

Reflections

The law may be cruel, but it is the law.

So goes the saying and this is accepted in the legal circles.

A reader criticized JPE for disallowing certain evidences in the impeachment proceedings like the Platinum privilege for CJ, as evidence in proving the lack of probity of the CJ.  If the gentleman had followed it, the connection between the article and the evidence was far off;  it was not simply a matter of evidence;  it is the question of relevance.  For those who understand logic, cause and effect, they must have understood it. Yes the question of truth is at hand, but logic understanding the ways of the cruel law must be understood.

As for Santiagos lecture, she is right.  The prosecution was indeed haughty in backtracking and not pushing through with its l00 or so witness, and withdrawing 4 of the 8 articles.  This did not only weaken the impeachment case, and indeed it was mayabang for them to have assumed that they have a strong case and preponderance of  evidence:   the ill gotten was rule out;   the evidences from the bank may have been illegally obtained and may be disallowed?

And the question of withdrawal of some articles, is it not an act of amendment, that the case goes back to the Congress and they come back after a year.  Indeed, the submission of the case may have been done in haste and the l88 who signed them had no chance to read them?  Does this not prove the defense position?  And the lecture was unnecessary for those who are bungling the case.

I am not for pro Enrile;  I was an activist during the martial law days and he was the architect and you should admire him for his political adroitness.  And in handling this impeachment trial, I am in deep respect admiration for his fairness, deep thinking, and understanding.

As for Myriam, remove the hysterics and shrill voice but understand what she is saying.  Those who understand law, logic and argumentation will agree she is giving a top of the line lecture and deserves to be a justice at ICC.

Keep it up JPE, Sen MDS

War of Words between MVP and Gina Lopez Worse than Aguirre MS tiff

Reflections

In the last three days we were witness, we were witness to some grand spectacle, just like the Roman times.  Thanks to them life has been made interesting and less boring. 

First it was the Sen Santiago lawyer Aguirre spectacle.  Myriam resting her face on her two palms and Aguirre resting his ears on his palm.  Kind of comical when you consider the exchanges.

However last night, it was if the protagonists were in the market place.  How could they have managed to have that exchange, two top executives with shrill voices? Waaaaah.  (Thanks Sen Santiago for trending this expression)

More more more

2 Azkals Face Sexual Harassment Charges

Reflections

The famed athletic heroes are facing some serious challenges, not on the football field but in the office of prosecutors or even the courts.  Anyway, this is publicity for them.  Fmr Pres FVRs daughter is pressing sexual harassment charges vs.two Azkals athlete.  This happenned prior to the Malaysia PHL match.  Ms. Cristy Ramos served as the President of Phil Olympic Committee from l997 to l999.  Some who are in the in said the incident took place at the pre match inspection in the dug out of the team and some thought this to be some locker room banter.

Some questions:

l.  Was it really a locker room banter?

2.  Musnt ladies visiting locker rooms dug outs be thick skinned?

3.  How will this affect the morale of the team?

4.  Must ladies/officers be allowed to visit athletes in their locker rooms?  Isnt it inviting trouble when you enter the tiger in their den, or a viper's pit?

Thursday, March 1, 2012

Difficulty in Handling the Mining Industry

Reflections

Our public sector leaders are apparently flipflopping n the mining industry.  While on one hand it is granting permit, it is also entertaining the environmentalists concern on mining.

Opportunity:   precious metals are on the rise.  Gold is up to $l,500/ounce vs $300 20 years ago.  Where is copper there is gold.

Risk:   their concern is their tailings destruction of biodiversity, the toxic wastes, and lack of economic development in miining areas.

Definitely, there has a to be way out of here.  We can mine:  without total destruction of  environment,  increasing public take on the mine, or selling say 20% of them at discount to PHL government.

Let us now blow the opportunity.

Lawyer Cited for Contempt for Covering Ears in Court Proceedings

Reflections

A lawyer in the prosecution team, Vitaliano Aguirre III, (the Webb lawyer in the Vizconde massacre trial was cited for contempt by the impeachment court for covering both of his ears with his hands at the height of the tirade of a Lady Senator vs the prosecution panel. He will either pay a fine of P2,000 or l0 days in jail.  One should note, whatever one thinks of the personality of the individual  that the court is the territory of the good senator, and is entitled to the respect that she deserves.  One should note that the prosecution panel which has notably been criticized for its lack of adroitness in its job was being harangued by the good lady senator for l.  not making good on its promises to deliver the promised number of witnesses it earlier announced 2. for having hubris in saying that it has a good case.

The Senate President even warned, and even Sen. Escudero forewarned that the move of the prosecution has dire consequences.

An amended complaint that must be refiled?

This could be deemed as an amendment of the impeachment complaint?....

In which case it has to be brought back to the House of Representatives and has to be refiled, in which case,  the one year prohibition will apply?

Or that after all the defense or the CJ team is right in impugning that the impeachment case hastily filed and not even read by all those who signed the same?

I would say that the whole show of the prosecution is in shambles.   If the court decides that the bank records are not acceptable because of:   inconsistency, because of Tupas bank official relationship (a bank leak?)or the bank records are illegally obtained, then where is there a very strong case of the prosecution?  They could have done a much better job Former Justice Cuevas and team did a good job.