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Archive for July 2nd, 2008

Jul 02 2008

Lunch Coup

Human rights lawyer Homobono Adaza and three ex-AFP officers were arrested yesterday afternoon. Sources say they were going to eat lunch together when agents of the CIDG pounced on them. They were immediately hauled to Camp Crame for questioning and later brought to the PNP hospital for the routine medical checkup.

And what was the alleged crime? It’s the nebulous crime of concocting a coup in their minds. What a downer!

Is there a crime such as this?

I’ve been a law student and nowhere do I find such a crime existing under the Revised Penal Code. There must be an overt act emanating from the “desire” to commit a crime, before an act can be considered criminal.

Going to lunch with the intention of discussing a crime is not punishable under our laws. One can discuss committing a crime all day or all year if one wants, but without an overt act, it’s nothing.

Reports say lawyer Raymund Fortun was the one who filed a complaint against Adaza. It is not clear why Fortun did that stupid thing. Maybe Fortun wants to gain publicity again?

Authorities should release these men from detention. If they don’t do this within 48 hours, they are liable for illegal detention.

Something deeper

Was Adaza’s arrest connected with the recent successes in court by the Marine standoff officers? Adaza stands counsel to legendary Col. Ariel Querubin, one of the original founders of the Young Officers Union (YOU). Was this an attempt to deprive Querubin of rightful counsel?

Or, this is part of government efforts to nip a budding destabilization attempt? Remember that the Black and White Movement announced early yesterday that they’ll be launching weekly Friday mobilizations prior to the opening of Congress this July. Is this part of it?

Reports also say that former Col. Raffy Cardeno, the alleged brains behind the slaying of former YOU spokesman Baron Cervantes was also caught. However, if this is true, then Raffy should have been arraigned along with the four other men arrested. As this is being written, no word as to the arrest of Cardeno.

One thing is clear–government is cracking down its enemies. And for what? I thought government has already extended the olive branch to the opposition. I thought there’s a political truce already? Why all these?

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Jul 02 2008

Time to Reassert Freedom of the Press

Makati Court judge Branch 54 Reynaldo Laigo today killed press freedom with just five pages of nebulous writings. In his decision, he dismissed the class case filed by media advocate Atty. Harry Roque against government and police officials involved in the arrest of media people who covered the November 29 Manila penn siege.

Laigo said there is nothing illegal nor arbitrary with the arrests, even granting a cloak of legality to the police order. Short of being accused of contempt, I find the decision appalling and outright stupid.

Laigo wrote that the complaint “does not constitute sufficient cause of action for damages against the defendants that warrants further prosecution of this case.” He says there’s nothing arbitrary about it.

What I found stupid and disgusting about this decision is that it only took Laigo five pages to resolve a purely constitutional issue. I really don’t understand Judge Laigo. He totally missed the point. This is not a question befitting some analysis of the Rules of Court; this is a constitutional issue which should at least merit more than 5 pages. Probably, Laigo thought that the issue has already passed; and therefore, groups do not find this important anymore. Well, he’s dead wrong. His decision could even spark a full-blown revolt!

“This is a big blow to press freedom. In effect, it’s the police now who can say when you can cover an emergency and when you cannot,” Luis Teodoro of the Center for Media Freedom and Responsibility (CMFR) said Wednesday.

Laigo may have decided unjustly. Media organisations should go to the Supreme Court for solace. They simply can’t get it from Laigo’s court.

The media groups complained the arrests were “arbitrary and illegal having made with the abuse of discretion… the police officers being fully aware that there was no probable cause to believe they were committing or had committed an offense.”

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Jul 02 2008

Time to be rebels

There’s nothing wrong with being tagged as a “rebel”. A rebel is actually an individual who pushes for change or a change catalyst. In the natural state of things, rebels are actually change agents, a part of the dialectical process of growth and development.

I read Nick’s writings about Sulpicio Lines and I am one with him in his crusade against Perwisyo Lines. This is the time where ordinary men turn into rebels. We are like those who farm in the morning and turn rebels at night.

Extraordinary times call for extraordinary individuals. More than this Perwisyo Lines issue, let us rebel against the continued repression of ordinary citizens like us by government. The economy is in a state of disorder and disarray. And part of this can be attributable to the discordant economic policies of the Arroyo administration. We must rebel now or lose the chance to take part in the movement for change.

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Jul 02 2008

Asian market jitters

Asian markets fell today as fears of souring inflation hits home. Food prices are expected to hit ceiling prices ahead of the additional US$ 1/barrel today. Hence, Asian economies suffered the serious effects of speculations on what lies ahead due to inflation.

The Philippine stock market has’nt seen a bright spot since last week. Falling stocks have punctuated the already dismal state of affairs. Investors, like myself, are pulling out of the market, fearful that the current performance of the economy would pull much of my money from these portfolios.

Analysts say they are not that optimistic about the global economy. a slowdown of economies especially in Asia is expected. At this juncture, it seems that investments have no where to go but to the bank.

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