FERDINAND ROMUALDEZ MARCOS, JR. IS NOT FIT TO BE PRESIDENT

According to the present and past happenings with regard to Ferdinand R. Marcos, Jr.'s life timeline, he does not deserve to lead the Philippines as its president on the following grounds: 1.) He inherited the loot of his father; 2.) He was found guilty by a trial court to have been guilty with the crime of tax evasion; 3.) He committed misrepresentation as regards to the moments when he ran for congressman, senator, governor, vice president, and now, president of the Republic of the Philippines; that he had no case pending or that he had not been found guilty with a crime involving moral turpitude; 4.) He was involved in the PDAF scam when he was still a senator; and 5.) For purveying fake news, and historical revisionism.

These accusations against him affect his integrity as a national leader, because of these he does not deserve to be elected as the leading national leader of the Philippines.

***As to the issue of inheriting the loot of his father.

Many of the Filipinos know that Ferdinand E. Marcos, Sr., did not have a legitimate business when he was in politics, yet he amassed fortunes which cannot be explained by way of his salary as a congressman, senator, and president of the republic. As of this present epoch in Philippine history, the Marcoses are still living like kings, queens, princes, and princesses. They did not say sorry, nor returned voluntarily the loot of their patriarch from the Philippine coffers, and Ferdinand R. Marcos, Jr. even make use of it in his campaign for public office.

To add insult to injury to the Filipino people who were robbed by his family via the two-decade reign of his father, Marcos, Jr. and family would justify their fortune out of inventing stories that the older Marcos got involved in trading gold, and became a lawyer of the Tallano Royal Clan who gave Marcos, Sr. chunks of gold as a result.

Such claims by the Marcoses were/are simply lies and concocted stories, because the same cannot be backed up by evidence. They simply invented stories to support their stand that their wealth came from legitimate sources, when in truth and in fact they have looted the treasury of the state when they were still in power.

***As to the issue of his conviction in a tax evasion case.

Ferdinand R. Marcos, Jr. was convicted by the Quezon City Regional Trial Court of a tax evasion case. Such conviction has a subsidiary sentence of perpetual disqualification to hold public office, hence, because of this, he must be disqualified to as a candidate for the presidency.

Secondly, tax evasion is a case involving a crime of moral turpitude, and a crime involving moral turpitude is one of the grounds for disqualification of a candidate running for public office in the Philippines.

Thirdly, tax evasion shows how dishonest a person is, if he tried to deceive the people by not filing his tax returns, thereby not paying the taxes due to the government, there is a great possibility that he would cheat the people which he would lead, monetarily or by any other means.

***As to the issue of misrepresentation as regards his certificates of candidacies as congressman, governor, senator, vice-president, and president.

Misrepresentation as regards a Certificate of Candidacy of a certain candidate, is a ground for cancellation of candidacy of such particular candidate. Ferdinand R. Marcos, Jr. has misrepresented many times with regard to his candidacies for congressman, governor, senator, vice-president, and now for president by saying in his Certificate/s of Candidacy/ies that he has not been charged nor been convicted of a crime involving moral turpitude.

Such misrepresentation must be punished by cancelling his candidacy for president of the Philippine state, since he clearly has already violated the tax and election laws of the country, not just once but many times already. Secondly, misrepresentation is a form of perjury, which is still punishable by the Philippine penal laws.

The issue of misrepresentation is also an issue of dishonesty, thus on this ground his Certificate of Candidacy for president must be cancelled. Should his COC not be cancelled by the COMELEC, the people must deny him in the general elections because of his dishonesty.

***As to the issue of his involvement in the PDAF scam.

Ferdinand R. Marcos, Jr. was involved in the pork barrel scam; a.k.a. PDAF scam with the convicted big time scammer, Janet Lim Napoles. The proper case was filed against Fedinand R. Marcos, Jr., but such a case was eventually dropped due to the advent of the political rise of his political ally Rodrigo Roa Duterte to the Philippine presidency. Had Duterte not been elected as the supreme leader of the country, the story would have been the other way around, and Ferdinand R. Marcos, Jr. would have been convicted of another set of cases involving thievery of public funds.

***As to the issue of purveying fake news and historical revisionism.

Ferdinand R. Marcos, Jr., and his camp are promoting himself as the best candidate in the 2022 presidential/general elections by painting his father Marcos, Sr. as the best president the Philippines ever had by tapping the internet, and plenty of people which have the technical know-how to spread lies over the net. This is very unacceptable, since it blinds the people who have not yet reached the times when his father had pillaged, mismanaged, and destroyed the Philippines.

These issues all boil down into one, and that is DISHONESTY on the part of Marcos, Jr. Dishonesty is an avenue of many bad, illegal acts that one may do, it may lead to a grand larceny, mass murder, or even death of a democratic country. The issues against Ferdinand Romualdez Marcos, Jr. a.k.a. Bongbong are not minute or a speck of a controversy, they are gargantuan questions which the people must investigate with precision ... FOR THE GOOD OF OUR MOTHERLAND.

THE GREAT PHILIPPINE POLITICAL IRONY

Prior to the 1986 People Power Revolution, the presidency of the then Philippine President Ferdinand Edralin Marcos, Sr. was mired with corruption, economic slump, human rights abuses, crackdown of the political opposition, martial law, assassination of the leading opposition leader Sen. Benigno S. Aquino, Jr. and election cheatings, the most notable of which was the 1986 snap presidential elections between ex-President Ferdinand Marcos Sr. and Aquino's widow ... Corazon "Cory" Sumulong-Cojuangco Aquino.

The Filipino people were already appalled with the way Marcos was ruling the Philippines, from his declaration of martial law up to the time when Aquino was gunned down at the tarmac of the renowned Manila International Airport, later to be known as the Ninoy Aquino International Airport. Since martial rule was declared, congress was dissolved, the constitution was changed and Marcos became a dictator, clinging to political power as much as he could, not until he was ousted from the prime national leadership.

Marcos made use of his political power to amass wealth and created political cronies who would lead and own the big national private corporations at that period. Because of the rampant corruption in government and the perpetuation of power by the leading national leader of that epoch, various mass protests were held by many concerned labor unionists and students in the streets of Metro Manila and even in the provinces. The Philippine communist insurgency which also started in the early years of the Marcos national leadership in 1969 has also grown and became more aggressive. The noted political opposition leaders like Senators Jose W. Diokno, Jr. and Ninoy Aquino were incarcerated and some of their political allies like Senator Sergio Osmena, Jr. and Senator Gerardo Roxas went in exile to escape political persecution, if not imprisonment for being critical against the Marcos regime. These developments have negatively impacted the Philippine economy and the country became the economic sick man of Asia.

Sen. Ninoy Aquino was jailed for being critical against Marcos for seven years and seven months and was freed from captivity after having been medically discovered that he had blocked arteries in his heart and went to America to seek medical treatment. While in the United States, Aquino continued to be critical against Marcos and after three years of sojourn in the States he decided to go back home to his beloved native

land to ask Marcos to effect political change in the Philippines. While alighting from the stairs of the airplane which he boarded in his homecoming, he was shot by his own police escort at the groin which resulted in his instantaneous death.

The death of Aquino became the biggest political issue against the strongman Marcos and the burial of the former became the biggest political march prior to the 1986 presidential snap elections. Mr. Marcos's popularity has waned significantly since Aquino's assassination due to the rationale that Marcos was probably involved in Mr. Aquino's death.

Marcos would then call for a snap presidential election in 1986 to show the world that he still enjoyed the confidence of the vast majority in the Philippine islands. Cory Aquino, Ninoy Aquino's better half, would run against Marcos in the presidential derby, but Marcos won in the contest. Mrs. Aquino would then call the people to hold rallies and civil disobedience against the Marcos leadership for having cheated in the political exercise in which the two of them were protagonists.

Meanwhile, intelligence reports would emerge from the military officers loyal to the then Armed Forces Chief of Staff, Gen. Fabian Ver and President Marcos that Defense Minister Juan Ponce Enrile and Vice Chief of Staff Lt. Gen. Fidel V. Ramos were planning to stage a military coup against the duly and newly Marcos national leadership. After knowing the split in the military ranks during that time, then Manila Archbishop Jaime Cardinal Sin would call the people by way of RADIO VERITAS to rally behind Minister Enrile and Lt. Gen. Ramos and converge to EDSA to protect them. The throng of people supporting Ramos and Enrile went to EDSA, the main thoroughfare in Metro Manila to succor Ramos, Enrile and the senior military officers behind them and called for the ouster of Marcos from power. The multitude of the populace clamored for change and wanted Cory Aquino to be installed president for she was cheated by Marcos in the last held electoral process.

The wailings of the people to effect change in government and for the ouster of Mr. Marcos as perpetual leader of the country was heeded by the heavens, and Mrs. Aquino would later be installed at the helm of the presidency of the Republic of the Philippines.

After the People Power Revolution of 1986 and after Corazon C. Aquino would be president, her presidency tried its best to effect change in government. The Presidential Commission on Good Government was created to locate the ill-gotten wealth of Marcos and his cronies, the 1973 Constitution which was parliamentary/unitary leaning was substituted by the more democratically 1987 presidential/unitary leaning constitution.

Mrs. Aquino tried to overhaul the government, but the bureaucracy was and is still filled with corrupt agents. After President Cory Aquino's reign as the first woman president whose battle cry in the 1986 presidential snap elections was to effect change and to get rid of corruption and after many presidents have changed leaderships, the Philippine nation is still embroiled with many political controversies and corruption issues.

So, what must be the problem why change for the better in the Philippines which is otherwise known as the Pearl of the Orient can hardly be discovered? The Filipinos are the problem because they do not know how to effect real change in themselves. How can change happen in Philippine politics when the people are not politically educated? Change cannot be realized when the people sell their votes to corrupt officials thus allow them to distort public policies to serve their own interest that consequently increases economic inequality.

At this point in time, there is no doable approach that will prepare social movements to counter corruption that is deeply entrenched in our culture since time immemorial. Not until these social-political and moral issues are effectively challenged, the possibility of change is still bleak. For change to take effect in the Philippine state, I humbly believe that the people themselves must change, for real change comes from within

HUWAG NANG MAGPALUSOT

 

Sabi ng mga DDS, naghihirap ngayon ang Pilipinas dahil sa pandemya at hindi dahil kay Duterte. Baka nakalimutan ng mga DDS na nagmahal na ang mga bilihin dahil sa pagpataw ng pamahalaang Duterte ng matatas na buwis sa pamamagitan ng TRAIN LAW, na naging rason bakit tumaas ang presyo ng mga bilihin.

Baka nakalimutan ng mga DDS na pumasok ang maraming angkat na bigas sa Pilipinas na galing sa ibang bansa dahil sa RICE TARRIFICATION LAW at bunsod dito ay nagmura ang mga produktong bigas ng ating mga magsasaka kung kanila itong ibenta sa merkado.

Ang ating mga magbababoy ay hindi malayang nakapagnegosyo sa industriya ng pagbababoy dahil daw may SWINE FLU OUTBREAK sa bansa, samantalang angkat nang angkat naman ang gobyerno ng karne ng baboy sa mga banyaga, dahil dito lalong nagmahal ang karne ng baboy at naapektuhan na rin ang pamumuhay ng ating mga kababayang magbababoy.

Ipinasara ng pamahalaan ang higanteng ABS-CBN sa larangan ng entertainment, media, at telebisyon na nagresulta sa pagkawala ng trabaho ng mga libo-libong trabahante nito. Libo-libo ang nagutom dahil dito, at ang pamahalaan ay nawalan ng milyon-milyon o di kayay bilyong pisong posibleng maging buwis buhat sa ABS-CBN. Sinayang ng pamahalaan ang kita nito sa pamamagitan ng buwis na manggagaling sana sa naturang kompanya.

Ang extra-judicial killings ay isa sa mga sanhi bakit ang mga banyagang mamumuhunan ay ayaw mag invest sa Pilipinas dahil hindi pala mapayapa ang bansa sapagkat maraming patayan ang nagaganap dito, at ito ay naka contribute sa paghina ng ekonomiya ng ating bansa.

Ang pagkamkam ng mga Tsino sa ating karagatan sa West Philippine Sea ay nagpahina sa produksiyon ng ating mga mamalakaya o mangingisda kaya ang konsumo ng ating mga kababayan patungkol sa isda ay bumaba, dahil dito apektado ang income ng ating mga mangingisda at mga negosyante ng isda at ito ay naging pinto bakit tumaas ang presyo ng isda sa merkado.

Ang mga POGOs na galing Tsina ay hindi binubuwisan sa mataas na panahon, samantalang nag ooperasyon ang naturang mga negosyong Intsik dito sa bansang Pilipinas. Kung nabuwisan sana ang mga naturang mga banyagang negosyo na nag ooperasyon dito, bilyon-bilyon pa sana ang naidagdag na pera sa pamamagitan ng mga buwis nito na puwedeng makatulong sa pagpatakbo ng gobyerno ng Pilipinas.

Ang mga negosyanteng Tsino ay malayang pinapapasok sa bansang Pilipinas upang malayang mag negosyo at maki-kompetisyon sa mga negosyanteng Pinoy, at ito ay naka apekto sa kita ng mga kawawang Pilipinong negosyante. Maraming mga kompanyang TSINO ang pumasok sa Pilipinas sa pamamagitan ng mga kaibigan ng pangulo gaya ni Dennis Uy, at ang pangyayaring ito ay labis na naka apekto sa mga kompanyang Pilipino na dapat ay tulungang mamayagpag sa mundo ng negosyo ay naiwan na dahil may mga pinapaborang mga banyagang negosyanteng Tsino.

Maraming nakawan na nangyari sa ilalim ng gobyernong Duterte kagaya ng sa PHILHEALTH at Department of Health, ang ninakaw ng mga opisyal sa ilalim ng mga kagawaran na nasangkot sa pangungurakot ay dapat sanang nagamit sa wastong pamamaraan at nakatulong pa sa wastong pamamalalakad ng pamahalaan. Ang malawakang kurapsyon sa rehimeng Duterte ay isa rin sa mga rason bakit ayaw mamuhunan ng mga foreign investors galing Europa at ibang mga western countries sa Pilipinas na puwede sanang magbigay ng maraming trabaho sa mga mamamayan at buwis na makatulong para sa pagdaloy ng dugo ng pambansang ekonomiya.

Ito ang mga rason bakit mahina ang ekonomiya ng Pilipinas kahit hindi pa dumating ang pandemyang COVID-19, at dapat hindi na magpalusot ang rehimeng Duterte na sumadsad ang ekonomiya ng Pilipinas dahil sa pandemya. Dapat hindi na lolokohin ng pamahalaang Duterte ang madla at dapat tanggapin na ng pamahalaang ito na ang rason bakit sumadsad ang ekonomiya ay ang pangulo at ang pamahalaan nito mismo.

THE GOVERNMENT HAS FAILED IN ITS CAMPAIGN AGAINST COVID 19

When COVID-19 was still a fledgling health problem, the government did not do any step to prevent the same. Wuhan, China was identified to be the origin of the dreaded virus, yet from December, 2019, the time when the said virulent virus erupted there to March 15, 2020, the first day of the hard lockdown, flights from China were not prohibited by the Philippine government so as not to displease China, a trading partner of the Philippines, and not to harm Philippine tourism and economy. Such a decision by the government in failing to impose travel restrictions against the Chinese going to the Philippines, had contributed to the proliferation of the COVID-19 virus in the Philippines. Eventually, the Philippine government enforced a strict lockdown for three months to no avail because the COVID-19 cases kept on rising.

The amelioration for the people coming from the government in the midst of the hard lockdowns via the Department of Social Work and Development arrived late, because of this, many people would get out of their homes to satisfy their daily needs, thereby breaking a protocol, which is, “not to get out from their homes within the duration of the hard lockdowns”. Such reprehensible acts from the people themselves, helped spread the virus, and the cases of COVID-19 infections kept on rising.

There were also many dilemmas regarding the distribution of the “ayuda” (government’s assistance in cash and food packs), because not everyone was given aid by the government, since such aid from the state was used by some political figures to boost their image in the next elections. Some politicians made use of the assistance for the people by the government for their personal ends, if not select the ones that should be given the assistance, preferably their political supporters.

There was a clamor from the populace that COVID-19 testing must be done mandatorily by the government, so that the people could be alarmed whether or not they would be tested positive or negative from the virus, yet such a call from the people fell on deaf ears. The government would instead squander money in non-essential projects in the midst of the pandemic, like the pouring of the dolomite sands at the seashore near Manila Boulevard which costed almost four hundred million pesos (Php 400,000,000.00), a voluminous amount of money which could have been used in the assistance for the people in the matter of their sustenance in the midst of the lockdowns.

The Philippine government’s team in solving the COVID-19, known as the Inter-Agency Task Force, is composed of retired generals from the Armed Forces, a very rare occurrence in the midst of the pandemic. The retired generals in this regard are not expected to solve the gargantuan problems contributed to the country by the pandemic because their training is not focused on solving problems like the COVID-19 pandemic. The medical doctors, and scientists would have been given the shots in laying the solutions as regards the COVID-19, since the former is purely a medical problem. The retired generals should not have been given any place in government because they were already retired; they should have instead enjoyed their retirement, and not have enjoyed employment beyond retirement from government service.

Many public figures like the politicians, military leaders, and people who could have been part of the solution with regard to the COVID-19 pandemic broke the protocols to mitigate the same. It is so sad to know that because of some personal motives like winning an election, they commit (on the part of some political figures), thereby becoming the spreader of the dreaded virus, thus, they form part of the problem and not of the solution.

These are some of the many problems that I have noticed on the government's part in not properly addressing the problem of the COVID 19 virus which caused the pandemic. In connection to this, I hereby lay my cards in solving the pandemic in my humble way to wit: 1.)File cases as regards the violators of the protocols IN RE: COVID-19 virus; 2.) The government must conduct mandatory free mass testing; mass vaccination must be done to the tune of one (1) million people daily; 3.) The government must conduct advanced contact tracing by using the modern technologies the way Singapore, South Korea, and Taiwan are doing; 4.) Let the doctors, scientists, and experts solve the COVID-19 problem.

AMERICAN POLITICS VIS-A-VIS PHILIPPINE POLITICS

Don’t you know that in America, one can still win an election even if he/she is not popular or does not have the money which is the exact opposite in the Philippines? A poor, unpopular but outspoken and intelligent candidate can possibly win an election in the United States of America, because of debates, fundraising speeches, and primaries that do not actually exist in the Philippines. Usually, the best speaker wins the debates in the primaries and eventually the general elections in America, since good debaters and speakers are given preference by the electorate to lead. In this system, poor candidates can still win an election as long as they are good speakers and debaters because by becoming good debaters or speakers, they can hold fundraising speeches whose proceeds can be used in financing their campaigns.

President Barrack Obama won scintillating electoral contests in the primaries and in the general elections for the presidency in the United States of America, even if his political rivals were well off economically compared to him. Obama won over the former U.S. First Lady and Senator, soon to be Secretary of State Hillary Rodham Clinton for the Democratic nomination of the 2008 U.S. presidential elections, even if Clinton was considered to be financially stable compared to him. Obama went on to win the presidency against the late U.S. Senator John McCain, the Republican nominee for the 2008 U.S. presidential elections, who was the husband of Cindy Hensley McCain, a well-known beer heiress. Four years later, Obama did the same remarkable feat by defeating former Massachusetts Governor, soon to be U.S. Senator Mitt Romney, the owner of Bains Capital, a big multinational company in the United States. These facts would point to us many things, that money is not the bottom line in American politics, that debates can win a candidate an election, and that by way of speeches, one can finance a campaign because many contributors would hand in the money needed for his/her campaign if he/she is a good debater/speaker.

Sad to say, this is not happening in the Philippines for there are no laws that set debates as the barometer in choosing party standard-bearers and the rightful winners in the general elections in the Philippines. The elections in the Philippines are free for all contests because there are no primaries in the early goings of the elections which may be the meter stick in choosing the official candidate/s of the political parties, be it in the national or the local levels. There may be political conventions and caucuses to be held in order to choose the official candidate/s of a party, but a losing aspirant for a political office in a party convention may establish his own party in order for him/her to suit his/her political ambition, thereby disrespecting the party caucus or convention which he/she has participated earlier where he/she lost, one concrete example of this was the 1992 Philippine presidential elections where the then-Defense Secretary Fidel V. Ramos lost to the then-Speaker of the House Ramon V. Mitra, Jr. in the party convention of the Laban ng Demokratikong Pilipino which he soon bolted and formed his LAKAS TAO party which bloated into a gigantic party LAKAS NUCD-UMDP. Ramos went on to win the presidential elections and the rest became part of Philippine history.

Another example that would prove that the elections in the Philippines are self-help elections for one to win an electoral contest was the 1998 Philippine presidential elections wherein former Philippine Vice President Joseph Estrada rejected the debate challenge by former House of Representatives Speaker Jose de Venecia. Estrada never participated in the debates held by the Commission on Elections and other election-related civic organizations like the National Movement for Free Elections (NAMFREL) and the Parish Pastoral Council for Responsible Voting (PPCRV), and yet Estrada was chosen as the runaway winner of the 1998 Philippine presidential elections.

If there are scenarios like these at the national level during election time, there is also a prevalence of such happening in the local level during election time and what can we expect from our leaders being elected by the people who are not properly screened by the populace because of the absence of debates?

In the case of political fundraising in America, most of the candidates rely on their campaign fundraising speeches, thereby giving more opportunities for the poor but intelligent candidates to raise funds coming from the affluent and concerned citizens of the state, American politicians usually hold fundraising activities like dinners where the candidates would hold speeches and the attendees would give money after the dinner and the speech, whereas in the Philippines, the candidates rely more on their pockets because the richer the candidate is, the better that his/her chances to win.

So what would be the bottom line and probable effects of these two contrasting political systems between the American and Philippine political systems?

Under the American political system, the effects would be: 1.)The poor but intelligent candidates can raise money which may be used in their respective campaigns because of their speaking abilities, and 2.) They may also win a political contest because of their debating skills.

Under the Philippine political system, the effects would be: 1.) Only the rich candidates can win an election even if they are not really good speakers and debaters; 2.) Political positions would just be a dream for poor but intelligent, politically aspiring individuals because of lack of debates and because of their lack of campaign finances; 3.) The Philippine political system breeds corruption because, under this system, the monies spent by the rich candidate during election time shall be recovered by the same after they would be at the helm of power in the form of kickbacks and forging political influence to solidify the hold of their power as if the same is just their personal properties.

In view of the foregoing premises and humble submissions, I hope and pray, that the Philippine political system be overhauled in the name of fair play, equality and political progress, so that corruption can be abated, and that those financial lightweights but mental heavyweights in the field of Philippine politics can also be given the chance to lead.

My personal stand as regards to the ANTI TERROR LAW of the PHILIPPINES

With the prevalence of terrorism around the world, wherein the Philippines is not exempted, there is a necessity for the state to defend its citizens from the dangers of terrorism. Terrorism is like wildfire spreading in all four corners of the world, ergo it must be stopped. To stall the possibility of another 9/11 BOMBINGS, RIZAL DAY BOMBING, ZAMBOANGA SIEGE, MARAWI SIEGE, and/or IPIL SIEGE, the government or any government of any state of the world must take any step to deface terrorism.

As can be seen from the developments in the countryside, terrorist groups are now

mushrooming in the country inasmuch as the same are sprouting worldwide, and such terrorist groups are doing damage not just in the Philippines but almost in all of the four corners of the world. The Abu Sayyaf has long been sowing terror in the island of Mindanao and a new terrorist group known as the Bangsamoro Islamic Freedom Fighters (BIFF) is also destroying any effort of the government for lasting peace in Mindanao. The New People’s Army (NPA) which was declared by the international authorities as a terrorist group, has been pestering the Philippines since 1969, and these security problems need to be stalled if not, be minimized by way of passing a law that would address the same.

The terrorist groups in the Philippines especially the Abu Sayyaf, are also funded by international terrorist groups like the Jemaah Islamiya, and the damage they are causing against the people would be greater if the same would be unchecked, in conjunction, it seems like a passage of a law which may mitigate the sponsorship by international terrorists as regards the establishment of local terrorist groups in the Philippines is a necessity.

The factors that I have discussed above may be the reasons why the Philippine government has espoused for the passage of the ANTI TERROR LAW, which was sponsored by the very illustrious former crime-fighting police general, now Philippine Senator Panfilo Lacson. The purpose of the said law is noble but in the midst of the alleged government atrocities committed against some concerned citizens like the cause-oriented groups such as the concerned Filipino farmers’ unions, concerned Filipino teachers’ associations, concerned labor groups, concerned Filipino fisherfolks organizations, concerned human rights defenders … the ANTI TERROR LAW may or can be used against them by suppressing their constitutional rights to air their grievances against the government or to curtail their constitutional rights to life, liberty, property, privacy, assembly, and expression.

As we have seen in the recent months after the ANTI TERROR LAW was passed and was questioned before the Supreme Court by many concerned freedom fighting lawyers ... many human rights activists, human rights lawyers, and cause-oriented individuals were unfairly extrajudicially charged of being communists or being red-tagged by some appointed government officials, eventually, some of them were executed by some uniformed men for being “rebels” and for having allegedly fought with the arresting officers. These reprehensible incidents would be connected one day in the abuse of the ANTI TERROR LAW because the ones being executed who were human rights lawyers, human rights activists, and cause-oriented individuals were being tagged as communists, or rebels, or related to the Communist Party of the Philippines or the New People’s Army being classified by the international authorities as TERRORISTS.

After having scoured the ANTI TERROR LAW, I have discovered many constitutional defects in it. I also have found provisions in it that would contravene to some existing penal laws especially the Revised Penal Code.

After having examined the very dreaded law, I have found the defects in it which I would like to discuss further below and they are the following: 1.) Section 4, paragraphs a.,b., and c., a provision of the said law which provides for ACTS OF TERRORISM which are very broad; 2.) Section 4 also amended the humane provisions, which are Articles 29, 94, 97, 98, and 99 of the Revised Penal Code 3.) Section 9 prohibits speeches, proclamations, writings, emblems, banners, or other representations tending to promote “terrorism”; 4.) Section 29, a provision of the very controversial law that provides for arrests or detention without the benefit of a judicial warrant and provides further for at least a 14 day to a maximum of 24-day detention of an accused before a case may be filed in court; 5.) Section 35 which gives so much power to the AMLC or the Anti Money Laundering Council to investigate the bank accounts of suspected terrorists and 6.) Section 36 which gives power to the AMLC or the Anti Money Laundering Council to freeze the accounts of the suspected terrorists for 20 days.

Let me discuss in brief the very questionable provisions of the ANTI TERROR LAW why the same are unconstitutional if not against the conscience of one’s humanity viz:

1.) Section 4. Terrorism, subject to Section 49 of this Act, is committed by any person who within or outside the Philippines regardless of the stage of execution:

a.) engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life;

b.) engages in acts intended to cause extensive damage destruction to a government or public facility, public place, or private property;

c.) engages in acts intended to cause extensive interference with damage or destruction to critical infrastructure;

These provisions of the ANTI TERROR LAW are overbroad because the acts enumerated in the said provision can be done without being engaged in terrorism, simply put, these acts may be done not in consonance with doing terroristic acts but in doing common crimes only.

What is very sad with this provision is, the acts done relatively with this provision regardless of the stages of execution is punishable by life imprisonment, meaning even if the crime was committed on its ATTEMPTED and FRUSTRATED stages, it is still punishable by LIFE IMPRISONMENT as if the acts enumerated under Section 4 paragraphs a.,b., and c., were CONSUMMATED, hence once can therefore conclude that it is an unfair provision of the law because it punishes the suspects involved in attempted, frustrated and consummated stages of terrorism which are not in line with the essence of the Revised Penal Code of the Philippines;

2.) Part of Section 4 of the Anti Terror Law amends Articles 29, 94, 97, 98, and 99 of Act No. 3815 as amended, otherwise known as the Revised Penal Code.

Article 29 of the Revised Penal Code provides for the preventive imprisonment of an accused or a convict, as a rule, offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one half of the time during which they have undergone preventive imprisonment, except in the following cases: 1.) When they are recidivists or have been convicted previously twice or more times of any crime; 2.) When upon being summoned for the execution of their sentence they have failed to surrender voluntarily and 3.) When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

Amendment of the said provision as regards the violation of the ANTI TERROR LAW would be unfair to the would-be suspects of the Anti Terror Law being in custody who may avail from the benefits of preventive suspension which can be deducted from term of imprisonment if ever he/she can be convicted for violation of the Anti Terror Law. It is my humble view, therefore, that it violates Art. 3, Section 1 of the Philippine Constitution which says in part “ No person shall be deprived of his life, LIBERTY or property without due process of law” because amendment of the said provision of the Revised Penal Code denies the right to liberty of any offender of the ANTI TERROR LAW to avail the benefits for the preventive imprisonment of an accused.

Amendment of Articles 94, 97, 98, and 99 of the Revised Penal Code as regards violation of the ANTI TERROR LAW is also unfair to an offender who has behaved well inside any jail or criminal rehabilitation facility, for not giving good conduct allowances which a culprit earns while he is undergoing preventive or serving his sentence, the same is in my view, also tantamounts to a denial of liberty to a suspect without due process via the amendment of the same through the ANTI TERROR LAW;

3.) Sec. 9. Speeches, proclamations, writings, emblems, banners, or other representations tending to promote terrorism, shall suffer a penalty of 12 years.

This provision of the ANTI TERROR LAW is crystal clear, unconstitutional for being repugnant to the constitutional provision which promotes freedom of expression and of the press. This provision must not be given enough teeth and/or legal force and effect on two grounds: 1.) It tramples on the right of every individual Filipino citizen to freedom of the press and expression, and 2.) The definition of terrorism in Sec. 4 is overbroad, hence must not be given any legal weight or merit.

The same provision must or can also be declared unconstitutional because of the FACIAL CHALLENGE DOCTRINE. A facial challenge is allowed to be made to a vague statute and to one which is overbroad because of the “chilling effect” upon protected speech. The theory is that “when statutes regulate or proscribe speech and no readily apparent construction suggests itself as a vehicle for rehabilitating the statutes in a single prosecution, the transcendent value to all society of constitutionally protected expression is deemed to justify allowing attacks on overly broad statutes” -- concurring opinion of Justice Mendoza in Estrada vs. Sandiganbayan, 2001, cited in Southern Hemisphere Engagement Network Inc. vs. Anti-Terrorism Council, G.R. No. 178552, 2010).

4.) Section 16. Surveillance by the government agents as against the suspected terrorists. Government agents can have surveillance against the suspected terrorists by wiretapping the mode of communications of the terrorist suspects through a court order from the Court of Appeals.

While it is true that all surveillance/s through wire-tapping against the suspected terrorists must be done through the rigors of judicial orders, thus, it implies that there shall be a judicial determination first maybe by having secret hearings or vigorously questioning the applicants for surveillance orders by a justice of the appellate court, before a magistrate of the Court of Appeals issues the said order/s, yet this provision of the ANTI TERROR LAW, the mayor can be abused by the government agents without resorting to application for surveillance before the Court of Appeals. Surveillance by wire-tapping without orders from the appellate court constitutes a violation of the constitutional right to privacy by an individual.

5.) Section 29. -- The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any law enforcement agent or military officer, who has been duly authorized in writing on the ATC has taken custody of a person suspected of committing any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act, shall without incurring criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said suspected person to the proper judicial authority within a period of fourteen (14) calendar days counted from the moment the said suspected person has been apprehended or arrested, detained, and taken into custody by the law enforcement agent or military personnel. The period of detention may be extended to a maximum period of ten calendar days if it is established that 1.) further detention of the person/s is necessary to preserve evidence related to terrorism or complete the investigation; 2.) further detention of the person/s is necessary to prevent the commission of another terrorism, and 3.) the investigation is being conducted properly without delay.

This provision of the Anti Terror Law clearly violates the DUE PROCESS CLAUSE of the Philippine Constitution as regards LIBERTY of a suspect, since under Art. 125 of the Revised Penal Code says that after the failure of the arresting officer to file charges in cases of arrests without the benefit of a warrant of arrest in court, after twelve (12) hours as regards crimes punishable by light penalties, eighteen (18) hours with regard to crimes punishable by correctional penalties and thirty-six (36) hours in connection to crimes punishable by afflictive penalties, the officer concerned can be charged for violation of the said provision of the RPC, thus, surplusage to what is being enumerated under Art. 125 as to when to file cases in court with regard to the kinds of offenses by the accused and its penalties (light penalties, correctional penalties, and afflictive penalties), constitutes a denial of liberty to the suspect and can be an actionable wrong against the arresting officer under the said provision of the Revised Penal Code.

Non-filing of charges in court against a suspect within fourteen (14) days from his/her warrantless arrest, which is extendable for a maximum period of ten days, a corollary to the violation of the ANTI TERROR LAW is too much and is a clear denial of LIBERTY of a person without due process of law.

6.) Sec. 35. The Anti Money Laundering Law Council is empowered by the ATL to investigate bank accounts of suspected terrorists or suspected sponsors of terrorism notwithstanding the existing banking laws like the Law on Secrecy of Bank Deposits as amended, Foreign Currency Deposit Act, and the General Banking Act.

Clearly, this provision of the Anti Terror Law violates the right to privacy of any individual, who is suspected of being a terrorist or a sponsor of terrorism. Investigating the bank account of an individual without its consent, and without respecting the banking laws which provide privacy to every individual who has bank accounts constitutes a violation of the constitutional right to privacy of every person suspected of being a terrorist or sponsor of terrorism.

7.) Sec. 36. The Anti-Money Laundering Council has the power to freeze bank accounts if there is probable cause that such bank accounts are maintained by terrorists or sponsors of terrorism.

This provision of the ANTI TERROR LAW is clearly a flagrant violation of the DUE PROCESS CLAUSE as regards the denial of one’s property without due process of law because it somehow confiscates a property of a person without court processes and hearings and also a violation of one’s constitutional right to privacy.

In view of the foregoing legal rationales and premises, I humbly believe and submit, that the ANTI TERROR LAW shall be abrogated for being unconstitutional by the Highest Tribunal of the land, the Supreme Court, for being overly broad, for being a material in violating the constitutional rights of individuals relating to privacy and for being violative to the due process clause of the constitution especially in the field of rights to liberty and property.

FIVE ARGUMENTS IN FAVOR OF THE UNITED NATIONS CONVENTION OF THE LAWS OF THE SEA (UNCLOS) LAW

1) As can be gleaned in the case of the Philippines vs. China at the Permanent Court of Arbitration under PCA case number 2013-19, the UNCLOS LAW is really a good international law that protects any country regardless of its size. In the said case, the Philippines became victorious over China as regards the territorial maritime dispute between the two countries, not to mention the Chinese influence over the international community because of its international political hegemony;

1) The UNCLOS LAW gives a demarcation line to every country with regard to its waters, such law limits other countries to infringe on the environmental laws of their fellow states as regards the Exclusive Economic Zone of each state; it also prohibits other nations or foreign nationals in infringing the customs, fiscal, immigration and sanitary laws of another state in its contiguous zone, the same also prohibits the infringement of municipal laws of a state by foreign nationals as regards to the territorial sea of the former;

3) The UNCLOS LAW provides or classifies the deep parts of the sea of every state well within its Exclusive Economic Zone like the continental shelf, continental seabed, and the like, and what are the territorial or economic right/s of every state over the said part/s of the deep sea of each state’s Exclusive Economic Zone, thus stifling other countries to illegally invade or use that territory of a state;

4) The UNCLOS LAW by way of its Art. 94 provides for respect of each and every flag state and every foreign vessel which enters the jurisdiction of each flag state by enumerating the rules for the harmonious relations of the flag state and any foreign vessel entering the territory of every flag or host state, such provision of the UNCLOS LAW in relation to the International Regulations for Preventing Preventing Collisions at Sea (COLREGS) also prevents any maritime accidents within the maritime territory of the flag state as against and between foreign vessels/ships;

5) The UNCLOS LAW which is an international law is actually one of the avenues in halting maritime, territorial disputes between countries, hence it is also an agent of peace because it puts every state not just to respect every fellow state's territory but also every nation’s sovereignty.

FIVE ARGUMENTS AGAINST THE UNITED NATIONS CONVENTION OF THE LAW OF THE SEAS (UNCLOS) LAW.

The UNCLOS LAW is not a perfect law, it has also some loopholes, Art. 298, Sec. 3 of part XV of UNCLOS provides “ A state party which has made a declaration under paragraph 1, shall not be entitled to submit to any dispute falling within the excepted category of disputes to any procedure in this Convention as against another state party without the consent of that party”, hence any state party may not submit itself to the Permanent Court of Arbitration in a territorial dispute with any state because of this provision of the UNCLOS. This provision of the UNCLOS was invoked by China when it decided not to face the Philippines in the matter of arbitral trial between the two countries as regards the West Philippine Sea and the Spratlys maritime and territorial dispute between the two countries;

The UNCLOS LAW can be easily ignored, in the case of the Philippines vs. China under PCA case number 2013-19, the same issued a position paper in December 2014 arguing that the maritime and territorial dispute between the two countries was not subject to arbitration because the conflict between the two was a matter of sovereignty and not exploitation rights;

It seems like the international laws including the UNCLOS LAW have no teeth as regards international political hegemons like China by not submitting to the international laws like the UNCLOS LAW and by diverting issues, like when China accused the Philippines of having voluntarily violated the Declaration on the Conduct of Parties in the South China Sea, made in 2022 between the Association of Southeast Asian Nations (ASEAN) and China, which stipulated bilateral negotiations as the means of resolving border and other disputes;

Art. 94 of UNCLOS, the leading provision of the said law as regards probable international collision at sea and the International Regulations for Preventing Collisions at Sea (COLREGS) the leading international law with regard to a possible international collision at sea are not given high regard by China when in one instance, a Chinese ship has rammed a Filipino fishing vessel somewhere off the coast of Mindoro, and when the Chinese Navy had a near shootout with the Philippine Navy at Scarborough Shoal which used to be a part of the (EEZ) Exclusive Economic Zone of the Philippines;

The UNCLOS LAW has no mechanism with respect to the execution of the decision/s of the Permanent Court of Arbitration as what everybody has witnessed in the victory of the Philippines over China, in conjunction with the maritime territorial dispute of the two parties.

THE ADVANTAGES AND DISADVANTAGES OF THE ANTI-TERROR LAW

 

ARGUMENTS IN FAVOR OF THE ANTI-TERROR LAW

With the prevalence of terrorism around the world, wherein the Philippines is not exempted, there is a necessity for the state to defend its citizens from the claws of the dangers of terrorism, thus the passage of the ANTI-TERROR LAW by the Philippine Congress is very commendable. Terrorism is like wildfire spreading in all of the four corners of the world, ergo it must be stopped. To stifle the possibility of another RIZAL DAY BOMBING, ZAMBOANGA SIEGE and/or MARAWI SIEGE, the government must take any measure to get rid of terrorism, and we must be very thankful that the ANTI-TERROR LAW was passed by the Philippine legislature in due time to address the national problem of terrorism.

As can be gleaned from the developments in the countryside, terrorist groups are now sprouting in the country as much as the same are mushrooming around the world, and such terrorist groups are wreaking havoc not just in the Philippines but all over the world. The Abu Sayyaf has long been rampaging in Mindanao and a new terrorist group called BIFF or the Bangsamoro Islamic Freedom Fighters is/are also destroying any effort of the Philippine government for lasting peace in Mindanao. The New People’s Army which was declared by international authorities as a terrorist group has been pestering the Philippine government and these security problems need to be stalled if not be minimized by way of the ANTI-TERROR LAW.

The terrorist groups in the Philippines especially the Abu Sayyaf are funded also by international terrorist groups like Jemaah Islamiya, and must be counteracted upon, otherwise, the damage it is causing against the people would be greater, in connection to this the provision of the ANTI TERROR LAW which provides powers to the Anti Money Laundering Council is but proper so that the suspects funding the terrorists existing in the Philippines be checked, if not be arrested and also as to weaken the local terrorists of the Philippines for it may defund the same.

As can be seen from the Declaration of Policy of the ANTI TERROR LAW, the purpose of the law is very noble for it aims to do the following a.) To protect life, liberty, and property from terrorism; b.) To condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and c.) To make any form of terrorism a crime against the Filipino people, against humanity, and against the Law of Nations.

The ANTI TERRORISM LAW provides for the punishment of the acts of terrorism, and any steps of anyone who supports the same which punishment may somehow slow down, negate if not destroy terrorism and the damages it may do for the Philippines and its people.

ARGUMENTS AGAINST THE ANTI-TERROR LAW

The ANTI TERROR LAW is a very dangerous law because it includes broad offenses like “engaging in acts intended to endanger a person’s life” and “acts intended to cause damage or destruction to a government or public facility, public place or private property” and such “overly broad offenses” are punishable by life imprisonment. The over broadness of the offenses can make legal acts within the ambit of freedom of expression, freedom of assembly, and other constitutional freedoms punishable. What is very sad with this is … the legal acts of one which become illegal because of the over broadness of the law is punishable by life imprisonment;

The ANTI TERROR LAW does not respect one’s privacy because it provides for wiretapping as one of the ways of gathering pieces of evidence against would-be suspects, hence one’s constitutional right to privacy cannot be invoked in this respect;

Section 29 of the ANTI TERROR LAW provides that in cases where suspects are arrested without warrant of arrest, the arresting agents or officers cannot be held liable for the delay of the delivery of suspects in court or before the judicial authorities as can be found under Art. 125 of the Revised Penal Code. This provision can be easily abused by the authorities because the agents or arresting officers may deliver the suspects to the judicial authorities within 14 days from arrest without a benefit of a warrant of arrest and can even be extended for another 10 days without filing cases in court;

Under Section 35 of the ANTI TERROR LAW, the Anti Money Laundering Council Authority is given the power to investigate, inquire into and examine the bank accounts of suspected terrorists or their supporters without or in the absence of Court orders. This clearly violates the DUE PROCESS CLAUSE of the Philippine Constitution, since the power to investigate, inquire into or examine the bank accounts of suspected terrorists does not follow hearing and notice processes of the courts;

The time within which to conduct surveillance against the suspects, as granted by the court (Court of Appeals) is too long, which is 60 days, and can even be extended for another 30 days. This leeway given to the authorities is too long and too much to gather evidence against the suspects, and may even be subjected to abuse on the part of the government agents or authorities.

UNPREPARED TO LEAD

Do you know why Duterte is failing as a president? It is because he lacks national leadership experience, he immediately pole-vaulted from the city mayorship to the presidency. City Mayorship is micro-politics while the presidency is macro-politics. How can Duterte be effective in diplomacy when there is no diplomacy in being a City Mayor? How can he be good in the economy when the biggest economic policy of a City Mayor is just even a pigment of that LONG TERM DEVELOPMENT PLAN of a City?

The election of Duterte to the presidency was actually recklessness on the part of the people who voted for him to the presidency when he lacked the proper experience in order for him to be a good president.

The story would have been different had Duterte prepared for the presidency like running, winning, and serving as a congressman, senator, or vice president, because these positions are actually good training grounds for the presidency since these positions are actually national elective offices. It is true that the position of a congressman is being elected locally but its functions are that of a national elective position since the same may make, alter or repeal laws of national importance.

That is the problem of Duterte he ran for the presidency without preparing for it, hence he is now managing the country as an unprepared national leader. Yes, he won the presidential contest but the question is did he effectively served the state? The answer is a NO because he did not prepare for it.

Duterte prepared to be City Mayor and never prepared to be president, therefore he is now running the country like a city being ruled by a City Mayor. His style of berating his critics is a typical style of a local politician, his penchant for rumor-mongering is actually a common local political strategy ... and that's what the people got for electing a local official directly to the presidency.

MIND CONDITIONING AND PREPARATION FOR AN ELECTORAL CHEATING IN 2022

By Bayawanon With the thousands of death by way of the extra-judicial killings in relation to the drug war, failed promise to end private labor contracts in the private sector, failed promise to lower the price of rice, failed promise to increase the salaries of the teachers and the government workers, failed promise to ease the traffic in the metropolis, failed promise to reclaim the WEST PHILIPPINE SEA, the spiking of the prices of basic commodities, the highering of taxes, the red-tagging, the extra-legal executions of many human rights lawyers and activists, the contribution spike re SSS monthly contribution, the mismanagement of COVID-19 pandemic in the Philippines, the Marawi Siege debacle and many other unsolved societal problems under the Duterte Administration ... Philippine President Duterte managed to have a 91 percent approval rating from the surveys.

The 2022 national elections are fast approaching, hence, it is but normal that survey firms would hold surveys in connection with the said elections, and Sara Duterte, the presidential daughter, a City Mayor of the beautiful and rich city of Davao would land number one in many surveys held by the survey firms, despite a lack of national experience and exposure, thereby thumping out Vice President Leni Robredo in the surveys, who is the front-runner of the national opposition and the leading frontliner in connection with national disasters like the typhoons and the COVID-19 pandemic.

The Commission of Elections (COMELEC) has long been prepared by Duterte for a possible victory of him or his protegee/s in the 2022 national and local elections by getting rid of former COMELEC Chairman Bautista, a former Aquino appointee, by threatening to file cases against him not in consonance with his functions as chairman of the powerful election body and for appointing his (Duterte) people in the COMELEC like its chairman, commissioners, and regional directors.

The facts enumerated and stated above are clearly preparations for the 2022 national/presidential and local elections cheating I surmise, and the 2019 senatorial and local elections were actually a dry run for massive electoral cheating in 2022 when the official slate of the main opposition called OTSO DIRETSO was flushed to the proverbial kitchen sink by way of that seven (7) hour glitch by SMARTMATIC the official electronic tabulator of the COMELEC.

The proofs stated in the first two paragraphs of this article can also be considered as a mind conditioning for the people to believe that Duterte and his party would win in the 2022 elections as a matter of fact Duterte has a very high approval rating and Sara Duterte would actually win the presidency, as a matter of fact, she is comfortably leading in many national surveys as a presidential front runner despite the dismal real performance of her father and her lack of national sightings.

The strategy of President Duterte in winning the presidency for his political party or to probably wipe out all of the political positions in the 2022 elections in favor of his well oiled political machinery can be historically gleaned in the 1986 presidential snap elections between Cory Aquino and Ferdinand Marcos, wherein Marcos was comfortably leading in the surveys despite his very poor human rights record and the national economic downturn during those times. The surveys were eventually confirmed by the election when Marcos would win in the counting of the votes but such win by Marcos would eventually torch a national display of discouragement by the people against Marcos for the past twenty (20) years of his presidency which resulted in national decadence by staging the PEOPLE POWER REVOLUTION.

For the opposition to stifle possible cheating by the current national administration in the next national and local elections in 2022, it must display a very strong drive for the political education of the electorate whose majority still believe in fake news and fake surveys. The opposition must and should exert all efforts to covet the presidency in the 2022 elections in the name of REAL CHANGE and for the Philippines to regroup and replan the development of the Philippines which slowed down via Duterte's election in 2016. So be it.

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