Issue Vol 2

8/4/2019 Issue Vol 2

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Vol. II No. 69 ISSN 2094-4098 OCTOBER 3-9, 2011 P15.00

To page 2

Page 7

ByBERTENITOTO

CATALUACAUSING

To page 2

4 5 4HERNZ QUARRY

by HERNANI CUAREPRIVILEGED SPITS

by BERTENI C. CAUSINGJERRYS BLOGS

by JERRY S. YAP

THERE is a big war at the Bureau of Immigration.

Commissioner Ricardo A. David Jr. and Associate Commissioner Siegfred Misonvs. Administrative Division boss Felino C. Quirante, Jr.

Against David is a story in reverse of a biblical David-and-Goliath war.Quirante who may be nicknamed Higante literally due to physical size

(but not in powers he wields) is the small man and David is the biggest man upthere.

AgainstMison who maybe nicknamedPison ow-ing to his namethat sounds thesame, or bythe principle ofidem sonams,the big name hebrings into the

BI is a matchupof sorts for Hi-gante.

BIG MEN,

BIG WAR

Marcos alone as

enemy of democracy?

Oh come on!

Page2Oakley cop & Co.: Bandits of NCRPO

What is your answer

Ruffy?

SimplifedLibelLaw

ChapterII

Page6

Class suit vs local ofcials

For doing nothing on repeated floods

I

T has becomeexceedinglydisgusting. The

problem on ood-

ing repeats allover and over again.

The only variationsare the places and thecauses, as well as thenumbers of deaths andthe extents of dam-ages.

It is however notmuch of the concernas to where the nextflood would occur.The thing is thatalmost every placehas experiencedflooding.

As to causes, thereare only two: exces-sive rainfall or simple

problems of clog-

ging. As to excessiverainfall, history showsthat it has always beencaused by typhoons.As to simple prob-lems of clogging,history again showedthat ooding occurred

particularly in Metro

Calumpit people struggle through breast-deep waters.

Manila due to cloggingeven with ordinary rainscaused by casual climatechanges.

Of all these causes, it

is the typhoon-inducedrains that can be ad-

judged by anybody asforce majeure or an actof God or an act of Al-lah as labeled by thosewho probably do notgive regard to whetherthis statement insults the

Mighty above or do notbelieve in the existenceof God.

Nevertheless, whetherGod exists or not is not

an issue here. And toavoid a clash with thosewho do not believe,let us just call thesetyphoon-induced rains ascircumstances beyondhuman control.

Let me ask before weproceed: Does it mean

that if an event is beyondhuman control we cannotavoid the damage?

No, because we can.By using the principle

of avoidance, we can al-ways avoid or leave andstay away from the pathsof destruction.

Talking about ty-phoons, history showsthat rains always comealong or ahead whenevera typhoon is to come.

And when atyphoon comes, canwe avoid it?

Yes, because our

weather bureau is sofar efficient in sayinga typhoon is comingand when it should en-ter land areas. It doesnot matter that therehave been misses in

predicting the amountof rainfall or thestrength or the pin-

point location wherethe typhoon would hitland. What is impor-tant is the Pag-asa hasnot erred in announc-ing that a typhoon iscoming to town andwhen it would strikeland.

So that what is

important is we havea correct warning asto time.

We may ask: Isthere a sufcient timefor avoidance betweenthe time of announce-ment by the Pag-asa

Rotary Club 3830s

C-5 Pabahay a dumpsite?

Page 8

After theDream

Nonitos lastdefense?


2/8

2

Vol. II No. 69 October 3-9, 2011

Publisher:

RONALDO E. RENTA

Editorial:

TOTO C. CAUSING

Editor-In-Chief

Design & Layout:

RONALDO B. HERICO

Disclaimer:

All news articles and opinions expressed by the writers

are entirely their own and do not reect the opinion of the

publisher, the management or the editor of this publication.

All Rights Reserved:

No part of this publication may be copied or reproduced

nor translated in any language or form for commercial pur-

poses without prior written permission from the publisher

and its writers or columnists.

MAGDIWANG

PUBLICATIONS

From page 1

ByBERTENI TOTO

CATALUA CAUSING

CLASS SUIT VS

LOCAL OFFICIALSBig men, ...From page 1

Both Mison andQuirante are lawyers.Both are big men inwhatever category.

But in this battle

of big men all else arewatching in bated breath.This is a history unfold-ing. Not once in the lifeof the bureau it has seenraging bulls lockinghorns with each other.

For David, he is put-ting his almost unknownrecord in the military thatmerited the eyes of Presi-dent P-Noy to choosehim over his mistahsand the others to bethe chief of the ArmedForces of the Philippines(AFP) and, again, to taphim to lead one of themost corrupt bureaus ofthe government to Ma-

tuwid Na Daan.But to where Ma-

tuwid Na Daan is notknown.

Mison is staking hismilitary pedigree. Heis a West Point MilitaryAcademy alumnus anda son of former generalSalvador Mison, a bigman during the Marcosera and of the Lucio Tangroup of companies. Ifhe wins the ght, he cankeep these intact. Other-wise, his honor may betorn into pieces not eventhe best jigsaw puzzlesolver can solve.

Quirante is stakinghis big honor, too. Hewas the hands-down fa-vorite of fellow modelemployees who votedhim as the best workerat the bureau. Thus,he was chosen as theMost Outstanding BIEmployee and ModelDivision Chief. It ap-

pears that these honorswere not bestowed onhim ofcially becauseof this Big War. But ifhe wins at the end of theday, he will receive thesehonorable prizes beforethe sunset comes. Other-wise he would be thrown

into oblivion not even the best man can resurrect,to reinforce the wrongidea that it is better to

play with the bosses thanstand on principles.

And in this war,Quirantes enemieshave a company in an-other lawyer, acting In-telligence Chief Atty.Ma. Antonette Bucasas-Mangrobang, who as alawyer has the respon-sibility to her countryand friends to act alwaysas Lady Antonette.(What a beautiful call.)

But Quirante mustremember that the words

of Edmund Burke may notwin the war for him.

It is not for evil to tri-umph is for good men todo nothing. It is for evil

to triumph is for good mento do not enough.

In other words, ifQuirante believes in hisght, he must ght with allhis might. He must leavenothing to fear.

After all, only thosemen who ght in the ex-treme manner for princi-

ples are remembered withglory forever.

The genesis of the Big

War

It was not known howit all began. But what isclear is that it started justin the nick of time when

the honors were to be be-stowed ofcially for thosevoted by employees as themost outstanding in theranks of one of the mostcorrupt government bu-reaus.

By the way, if the bu-reau has been reputed to

be one of the most corrupt,it is hoped that to be hon-ored would not be like anhonor among thieves.

By the way again, oneof the reasons the BI istagged as one of the mostcorrupt is the value thatreigns there: that it is al-right to squeeze moneyfor these came from non-Filipinos anyway.

They do not mind thattaking money of a person,a foreigner or not, is still athievery of sort or a rob-

bery by intimidation or aform of extortion in plainand simple language.

They do not know thesaying that says: Be hon-est even if all others aredishonest.

The story neverthe-less can be read from thecomplaint afdavit thatQuirante led against Da-vid and Mison for viola-tion of grave misconduct,gross disrespect, and op-

pression.This story is like a twistof fate.

David and Quirantewere perceived as friendsthat the former gave thelatter a very satisfactoryrating as division chief forthe rst semester of 2011.

But it is mystifyingthat when the day camefor the honor to be hangedon the neck of Quirante,David backtracked fromhanding over the Programon Awards and Incentivesfor Service Excellence orPRAISE award.

This insulting incidentwas furthered with another

contemptuous event.Right at that very

moment, it was an-nounced during the Bu-reaus anniversary cel-ebration that Quirantewas to be transferredfrom the ofce where he

supervises more than athousand employees tothe ofce where he hadto handle a staff of threein Makati City.

Quirante saw it assomething that pushedhis back against the walland he had nowhere elseto run to but to ght

back.Thus, although he

has not been trainedin the art of soldierylike David and Mison,Quirantes passion wasignited to ght back inthe territory he knows

best: the legal jungle.This must have

shocked David who wasused to be obeyed bymen trained to the cul-ture of Sir, yes sir. Hemust have not found any

person ghting a sub-ordinate in the ranks ofarmed men hardened byghts against terroristsand rebels.

Quirante charged himfor acting in mannersthat Higante calledas arbitrary, whimsical,capricious, oppressive,malicious, with grossdisrespect, ill willed,ones that were of gravemisconduct and grossdisrespect purposed to

place him in contemptand ridicule before theemployees who votedthe person as a modelemployee.

In other words,Quirante is just likesaying that David andMison are military menunbecoming ofcers andgentlemen.

The charges

Quirante led an ad-ministrative complaintfor grave misconduct,gross disrespect, and op-

pression against David

before the Ofce of theOmbudsman. His hopewas that the integrity offormer Supreme CourtJustice Conchita Carpio-Morales will help the op-

pressed, the suppressed,and the depressed.

Also, Quirante ledcriminal complaints forunprofessionalism underRA 6713 and for causingundue injury to his hon-or and person under RA3019, otherwise knownas the Anti-Graft andCorrupt Practices Act.

Quirante insisted hewas demoted.

Only roofs andtree tops areabove water inCalumpit

of an oncoming typhoonand the time when allhave already avoided

before the typhoon hitstown?

Yes, history showsthat the time has always

been sufcient in so faras the performance of thePag-asa is concerned.

Three or two daysbefore the entry, thePag-asa has been mak-ing announcement thata typhoon is spotted inthe exact latitude andlongitude and travel-ling at an almost exactspeed of the horizontalmovement toward thePhilippines, therebygiving a reasonablecomfortable feelingas to when would thelandfall occur.

Now, a day is morethan sufcient for the

evacuation to be doneto established highergrounds.

If that is so, damageto lives and propertycan always be avoided ifonly the local ofcialsthe mayors, vice-mayors,the councilors, thegovernors, the vice-governors and the boardmembersare diligent in

protecting their electorsfrom harms way.

For instance,Calumpit and Hagonoyin Bulacan province noware under water as highas a two-storey build-ing and they appear to

be in the worst scenarioamong all Central Luzontowns.

In all probabilities,the local ofcials hereand the provincial of-cials led by GovernorWillie Alvarado do notgive so much attentionto the announcement ofthe Pag-asa that typhoonPedring was coming.

Similar scenario musthave been happening inthe provinces of NuevaEcija and Pampanga.

And from these, whatis clear is: THESE OFFI-CIALS DID NOTHINGAND JUST LET THE

TYPHOON COME.And in fairness to

these ofcials, the resi-dents in their respectiveareas also did nothing

but just trying to sleep itout only to be awakened

by water invading theirhomes.

Now, can theseresidents make these of-cials pay?

It is submitted thatthese local ofcials can

be made by their respec-tive voters to pay for thesin of omission.

If there is a principlethat says that betweentwo parties who are

innocent, the party thatshall pay shall be theone that has the most re-sponsibility to act underthe laws and under thecircumstances and yetthat party neglected toact as required by lawsand circumstances.

The local ofcialswere voted for by theresidents to act for theircommon good and com-mon welfare, as wellas for public safety and

public order. Theseobligations are clearlystated or implied fromthe Local GovernmentCode of the Philippinesor RA 7160.

On the part of theresidents, the residentswere not even warned ortold to evacuate to higher

places.Besides, Section 24 of

RA 7160 clearly states:Section 24. Liability for

Damages. - Local gov-ernment units and theirofcials are not exemptfrom liability for deathor injury to persons ordamage to property.

And in this particu-lar case, the victims ofoods will be claiming

payment for the failureof these ofcials andtheir local governmentunits to act.

These ofcials andlocal government unitscannot claim immunityfrom suit because onlythose acts that weredone in the performanceof ofcial duties are

protected.If this is so, immunity

covers only what wasdone. It does not protectwhat was NOT DONE,or when there was afailure to act, or simplyinaction.

So that if all theresidents of Calumpitand Hagonoy lost prop-erty that could have

been saved by avoid-ance or lost lives, theycan make their localofficials pay for notdoing their job underthe general principleof damages or tort orquasi-delict or under

Section 24 of RA 7169.In addition, they can

seek administrative pun-ishments against theseofcials by ling com-

plaints before the Ofceof the Ombudsman.

And it is being madeclear that the sins of

these officials and thelocal government unitsthey run are the sins ofnot setting up permanentevacuation centers onhigh grounds that would

be enough to accom-modate the residents;sins of not setting up

permanent disasterrescue teams that arefully equipped with rub-

ber boats or even sparetires and bancas, ropes,flash lights, and otherlife-saving devices thatmay be needed; sins ofnot setting up evacuationand security teams thatwill bring the residents

to the nearest estab-lished sites and at thesame time watch overthe properties left in thehouses; and sins of notsetting up food prepara-tion teams to cater to theneeds of the residentswhile staying in allevacuation centers.

These are simple mat-

ters to do and the LocalGovernment Code com-mands all local govern-ment units to set asidea x percentage of theirtotal budget to calamity

preparations.And if Calumpit and

Hagonoy and their of-

cials, as well the prov-ince of Bulacan and itsofcials, did not do theseminimum diligence actsrequired by the circum-stances, they can be heldcivilly liable under Sec-tion 24 of RA 7160 andadministratively liable aswell for being derelicts.

Now, there are alwaysofcials who would

blame past ofcials.To make it sure thatall those responsible,including those whomay have not acted dur-ing previous disasters,include all of them in theclass suit.

As soon as the waterrecedes, all residentsof Bulacan must noworganize and le theclass suit!

Dont worry if theybought your votes, thesekupal ofcials willnever ever admit thatthey bought your votes.

Act now, Bulacan!

To page 3


3/8

October 3-9, 2011 3

Vol. II No. 69

OAKLEY COP & CO.:

BANDITS OF NCRPORobbing fellow law enforcers

of Oakley, money, etc

Facebook photo of Rieus San Diego:OAKLEY from head to foot

T

HIS is a ght fornewly-installedPhilippine Na-

tional Police(PNP) chief Gen-eral Nicanor Bartolome.

An agent of the Bureauof Immigration (BI) and a

policeman assigned withthe Criminal Investiga-tion and Detective Group(CIDG) personally experi-enced having been robbed

by fellow law enforcers.In their respective

counter-afdavits, num- bering at least 20 pageseach, which they executedfor the purpose of defend-ing themselves againstcriminal and administra-tive accusations, Immigra-tion ofcer Dexter L. Ber-

nardo and PO1 HerschelB. Montezon detailed howthey were arrested wrong-fully and later stripped offforcefully of property.

Bernardo emotionallycried out in anger as henarrated his stories on howhis personal monies and

belongings disappeared inthe hands of operatives ofthe Regional Police Intel-ligence Operations Unit(RPIOU) stationed at the

National Capital RegionPolice Ofce headquar-ters inside Camp BagongDiwa, Bicutan, Taguig.

FB photo of Perfumecop SPO3 Leo C. Pajaro

The two called theseRPIOU policemen asBandits of NCRPO.

Oakley cop and perfumecop

Of all the things Ber-nardo cannot forget, it ishis Oakley sunglasses thatis worth about P20,000.00

because it got lost while being hanged inside hisFortuner SUV.

Of all the RPIOU op-eratives, Bernardo cannotforget SPO3 Rieus F. SanDiego, who was boastingof a complete Oakley uni-form, not a police uniform.With this, Bernardo meantthat this cop wears Oakleyapparel from head to foot.

Another RPIOU copthat did not escape theminds of Bernardo andMontezon is SPO3 Lut-gardo Labares, who theyclaimed forced himself towipe uorescent powderon their hands while theywere being handcuffedwith their hands in the

back.Still, there is another

unforgettable RPIOU copwho cannot escape thememory of Bernardo andthis one is SPO3 Leo C.Pajaro, who is tagged byBernardo as a perfume

guy who demanded fromhim the CK perfume bottlefound in Bernardos ve-

hicle.But what probably hurtBernardo and Montezonso much is when the teamof RPIOU cops suddenly

blocked their vehicle andtrained guns on them tocompel them to go down.

Bernardo and Monte-zon insisted they did notknow at rst why theirvehicle was blocked andwhy armed men in civil-ian clothes who turnedout later as RPIOU opera-tives suddenly surroundedthem, ordered them to getoff, lay down on a con-crete pavement face down,and handcuffed them.

Only to turn out later,Bernardo and Montezonlearned that they were be-ing charged with a fabri-cated story that they werereceiving money as anentrapment from a womanwhen this did not happen.

The other cops who joined in the illegal arrestof Bernardo and Monte-zon were SPO1 RoldanMaganto, PO3 Gerald T.Ziganay, PO2 Renato C.Among, and their teamleader Chief Insp. ArvinB. Avelino.

Also unforgettable to

Bernardo and Montezonis another RPIOU ofcialnamed Chief Insp. Reden-tor M. Agcio, for signingafdavits on September3, 2011 when some ofthese sworn statementswere dated September 1and September 2. This istherefore a crime of falsi-cation.

Biggest proof of inno-

cence: fluorescent powder

on back of palm

The biggest proof totheir claim of innocenceis the Physical ScienceReport of the crime labo-ratory.

The essence of the powder is that if there isthe presence of it in the

palm and on the side ofthe ngers facing the palmwhen a hand is closed,then the person held themarked money given inentrapment.

The report showed

Montezon to be nega-tive of uorescent pow-der. This means that hedid not hold any markedmoney claimed to have

been dusted with powderand claimed to have beengiven in entrapment.

This report slapped theface of these RPIOU po-licemen and their allegedcomplainant, Joanna Mo-relos Hayashi, who falselystated in her afdavit thatshe handed the markedmoney and the boodlemoney to Montezon whileshe was standing besidethe front passenger win-dow of the Fortuner where

Montezon was seated.Montezon swore to

God that Joanna had neverever handed any money tohim.

Another proof of thefalsities of the claims ofthese RPIOU cops and thewoman who is the wifeof Japanese NobuyukiHayashi is the test results

on Bernardo.His report showed Ber-

nardo to be positive of the powder on his left palmand at the back of the same

palm.If the money dusted

with uorescent powder isbeing held, the parts of thehands that will have pow-der are the palm and theside of the ngers facingthe palm when the personis holding the powder-dusted money bills.

So how can the pow-der go to the back of theleft hand of Bernardo isimpossible to happen ifindeed he held the alleged

entrapment money.Rather, this physical

report on Bernardo proveshis claim that while he was

being handcuffed and wasto be escorted by SPO3Labares to the crime labo-ratory in Makati City, Ber-nardo already got a hintthat this cop would dust

powder on his hands sothat Bernardo closed hisst with all his might. Butwhile he was doing this,Labares forced hard toopen his hand and rubbedon his palm what Bernardofelt was a paper.

So that the explanationwhy the back of his hand

had powder is that whileLabares was forcing openBernardos hand, Laba-res powder-dusted paperwas rubbing at the backof the hand while strug-gling to open the hand ofBernardo.

With this, the claim ofBernardo and Montezonof innocence must be the

truth.

Aksyon 5 and Tulfo

brothers dupe by RPIOU

cops

Obviously withouttheir knowledge, thethree Tulfo brothers whoare hosting T3 television

program of Aksyon 5 in-nocently believed in theRPIOU cops when thetruth of the matter is thatthere was no entrapmentincident that occurred.

As a result, the T3 brothers mistakenlyshamed Bernardo on airwhile he was being inter-

viewed.That belief in RPIOU

cops must have triggeredone of the T3 brothers totell Bernardo: Pinagsisi-han mo na ba ang nag-ing kasalanan mo? Thisquestion was premised onthe belief that Bernardoand Montezon were guiltyas the Tulfos must havethought about.

If only the T3 brothersexamined the evidence,they could have discov-ered the falsity and thatthey would know theywere only taken for a ride

by these RPIOU cops.Thus, the reputation of

Bernardo and Montezonwas so damaged tremen-dously unfairly.

If it is unethical to dis- play arrested persons infull view in a press confer-ence, it is more unethicalto presume the arrested

persons guilty and askthem in public whetherthey regretted having com-

mitted the crime.

Charges of robbery, arbi-

trary detention, falsif ica-

tion

Bernardo and Monte-zon vowed to le criminalcases of robbery, arbitrarydetention and falsicationagainst all these RPIOUcops to prove their inno-cence and to teach the les-son they cannot forget.

Since there was nosuch thing that entrapmentmoney that occurred, theRPIOU cops committedthe crime of arbitrary de-tention and falsication.

And since Bernardolost almost Php100,000of his money, that theRPIOU cops only report-ed Php158,000.00, thatthey took his Oakley sun-glasses, that they took his

perfume, and several othervaluables, the RPIOUcops also committed rob-

bery or theft.Moreover, because

Chief Insp. Agcio con-nived with his subordi-nates in faking the swear-ing date of the afdavits,Bernardo and Montezonwill also charge him forfalsication.

Another Facebook photo of Rieus Oakley San Diego. To page 7


4/8

4


Marcos alone as enemy of democracy? Oh come on!WHATS the differ-

ence between the for-

mer presidents of the

country to give the

Congress the reason to

single out the former

strongman, Ferdinand

Marcos, painting him

as Enemy of Democ-

racy?

Accordingly, thosewho seek condemna-

tion of the late dicta-

tor, whose cadaver

still lies unburied,

claimed that the for-

mer strongman was

responsible in:

1. Declaring mar-

tial law, imposing a

perfect authoritarian

rule;

2.Commission of

crimes against the

lives of Filipinos;

3. Ending press

freedom; and4. Corruption.

Let us fathom these

claims, one by one,

comparing the same

with the former presi-

dents of our country

who had served after

the late dictator.

Firstly, yes, it was

only the late strong-

man, whom the Ilo-

canos revered as Apo

Lakay, who declared

martial law. But after

him, this power that

allotted supremacy to

the military has actually

been baptized a new

name: State of Emer-

gency.

We should not be

deceived by the play

of words, for in truth,

martial law and state of

emergency refer to the

same potato.

Like the late dictatorwho ruled the country

with an iron st, it can-

not be denied that the

late Corazon Cojuango-

Aquino survived her

presidency by declaring

a state of emergency in

December 1989. This

she did for fear of the

coups engineered by

now Senator Gregorio

Gringo Honasan.

The declaration of

state of emergency was

also contemplated by

the group of Joseph Es-trada to save his presi-

dency in 2001. But they

failed to measure the

succeeding events that

occurred in a snap of

ngers. Estrada was ex-

pelled from the Palace

in February 2001.

On February 24,

2006, Gloria Macapa-

gal-Arroyo, to survive

her stay in Malaca-

ang Palace, placed the

country under a state of

emergency in her Proc-

lamation 1017, ordering

the Armed Forces of the

Philippines to prevent

or supress all forms oflawless violence. Her

declaration of state of

emergency coincided

with the 20th Anniver-

sary of the People Pow-

er revolt in 1986.

If Marcos be de-

clared as enemy of the

state because of martial

law, then, Aquino the

mother and Arroyo be

shamed the same, for

martial law and state

of emergency are dec-

larations with the same

purpose to empowerthe military to suppress

civilian rights.

Secondly, it is grant-

ed that the administra-

tion of Apo Lakay took

the lives of innocent

Filipinos who were

perceived as movers

against his rule. But

how about the presi-

dents who reigned after

him?

Filipinos should not

bury in the mud of for-

getfulness the deaths of

innocent men during the

reign of Corazon Aqui-

no, especially the Janu-

ary 22, 1987 Mendiolamassacre.

The Mendiola mas-

sacre, also called as

Black Thursday, was an

incident that took place

at the foot of the his-

toric Mendiola Bridge,

now Roces Bridge in

memory of the late Chi-

no Roces.

The massacre was

committed in broad

daylight while the late

President Aquino had

her peace in the comfort

of Malacaang Palace.Sporadic gunre

took the lives of 13

farmers and injured 43

others in that fateful

afternoon. They were

killed for demanding

a genuine agrarian re-

form.

Lest the Filipino

people forget, those in

command of guns were

Gen. Ramon Montao,

Col. Cesar Nazareno

and Brig. Gen. Alfredo

Lim.

The administration

of Fidel Ramos was not

spared from the killings

of innocent men andwomen. Recall the mur-

ders and kidnappings

in Marag Valley in No-

vember 1992. The Ecu-

menical Movement for

Justice and Peace even

accused Ramos as ex-

pert only in rhetoric of

peace and not in deeds.

In the heydays of

the expelled president,

Joseph Estrada, atroci-

ties were also noted.

The most controversial

was the Dacer-Corbito

double murder case.The death of the

late publicist Salvador

Bubby Dacer and

his driver Emmanuel

Corbito on November

24, 2000 was linked to

Estrada and now Sena-

tor Panlo Lacson. The

case remains unsolved

until today.

The shameless ad-

ministration of Gloria

Macapagal Arroyo was

also dragged to numer-

ous unsolved killings.

Two noted atrocities

during her reign were

the Maguindanao mas-

sacre, and the killings

were reportedly engi-

neered by now Bantay

party list Representa-

tive Jovito Palparan

who is tagged as the

Butcher.

The Maguindanao

massacre happened on November 23, 2009

where 58 people died,

including 33 journalists.

The atrocities linked

to former general Pal-

paran purportedly hap-

pened when he was as-

signed in the Visayas

from May 2001 to Sep-

tember 2006.

If Marcos be de-

clared as enemy of

democracy due to

atrocities, then why

not declare Aquino the

mother, Ramos, Estra-da, and Arroyo also as

enemies of democracy?

Thirdly, it cannot be

said that press freedom

was ended by Marcos.

It is more appropriate

to say that the press was

inuenced by the pow-

er of camaraderie and

money. This tradition of

inuence is carried until

today. We, the citizens,

can attest to this fact.

Lastly, no one can

deny the fact that Mar-

cos and his cronies had

enriched themselves

from 1972 to 1982.

But how about the

presidents and men

after him?

Did the men during

Cory Aquino, Fidel

Ramos, Joseph Estra-

da and Gloria Arroyo

inhibit from the bil-

lions of pesos that arein their discretion?

Denitely, the men

in power after Marcos

had robbed the Fili-

pino people.

Surely, greed of

men in government

is carried until to-

day. This greed that

breeds corruption in

the government is

also blamed on the

craftiness of the dead

Marcos.

Why should the

Congress blame thedead when they, the

living and the power-

ful, are the new breed

of robbers of the Fili-

pino people?

If Marcos is de-

clared as enemy of de-

mocracy, it is fair and

reasonable to do the

same to the presidents

and men after him!

Poor Marcos, he

cannot rise from his

cofn in Batac, Ilocos

Norte to defend him-

self.

Rotary Club 3830sC-5 Pabahay a dumpsite?

OUR inbox is full

with claricationsand insistence that the

stinky illegal dump-

site along C-5/Kain-

gin Road in Barangay

La-Huerta, Paraaque

City is indeed a

pabahay or hous-

ing project of Rotary

Club 3830, Mayor Jun

Bernabe, and Gawad

Kalinga.

The project was

alleged to be for the

informal settlers of

Paraaque.

If it is not a dump-

site as insisted by

many, why it is too

stingy to the senses?

If Paraaque

Mayor Jun Bernabe

is convinced it is not

a dumpsite, then it is

better for him to visit

the place. Mayor, you

might have been taken

for a ride by your con-

tractors.

Our investigation

shows the dump trucks

said to be owned by

one Boy Sanchez are

often seen in the site.

Mayor, hope you are

familiar who Boy San-chez is. Is he the con-

tractor of the housing

project for Gawad Ka-

linga?

Mayor, if you are

ignorant of the ill ef-

fect of the stinking

trash dumped by your

contractor along C-5/

Kaingin Road in Ba-

rangay La-Huerta, it is

much advisable for you

to take a walk to see the

site with your naked

eyes.

You might vomit to

emptiness if you inhale

the trash-juice mixed

with water of the Riv-

erside.

Also try to ask the

residents near the site

how they empty their

bellies when they are

inhaling the stingy

smell from the housing

project.

Mayor Jun Bernabe,

I have nothing personal

against you. In truth, I

fail not to praise you for

your good deeds. But

this time, I have an un-

solicited advice: Please

feel free to inspectthe dumpsite that is

toxic to the health of

residents of Barangay

Moonwalk, Barangay

Sto. Nio and Barangay

La Huerta.

Mayor, you better

hurry or you might be

dumped behind by the

inspection team of the

Department of Environ-

ment and Natural Re-

sources (DENR).

If that happens, you

might be charged ad-

ministratively, Mayor

Jun Bernabe!

This is a clear vio-

lation of Republic Act

9003 (THE ECOLOGI-

CAL SOLID WASTE

M A N A G E M E N T

ACT).

Is George Del Rosario

Little Mayor of Pasay

City?

How true that until

today, George Del Ro-

sario alias Mr. Pana-

sonic still displays

machismo and power

as the Little Mayor of

Pasay City?George Del Rosario

was rumored as the po-

litical campaign nan-

cier who allotted P100

million for the candi-

dacy of Mayor Antonio

Tony Calixto.

Del Rosarios inu-

ence is still felt in the

four corners of city hall

despite talks that Calix-

to has neglected and re-

jected him for interfer-

ing in the operations of

the local government.

Del Rosarios prow-

ess in Pasay cannot be

set aside as he had re-

portedly assigned his

favored men to the Pa-

say PNP and the Pasay

City Hall.

Some of the men of

Del Rosario are alleg-

edly controlling and

manipulating the ow

of goodwill and grease

moneys from the op-

erators of illegal gam-

bling, illegal terminals

and night clubs, as well

as sidewalk vendors.

Are you aware of

this, Mr. George Del

Rosario?As payment for his

political debt to Del

Rosario, Mayor Ca-

lixto awarded him with

hundreds of millions of

pesos Pasay City waste

management contract.

Rumors winding

around Pasay City Hall

had it that Del Rosario

was material for the ad-

mission of Calixto to

the Liberal Party. Late-

ly, Calixto was invited

by Sec. Mar Roxas be-

cause of the informa-

tion provided by Del

Rosario.

Pasay residents are

puzzled by the silence

of Calixto while Del

Rosario interfered with

the operations of the lo-

cal government.

Had it not for Del

Rosario, Calixto could

not win in Pasay City

considering the inu-

ence and power of his

opponents in the 2010

elections, the likes of

former Mayor Wenc-

eslao Pewee Trinidad

and former Representa-

tive Connie Dy.If this rumor is true,

then Pasay City resi-

dents are very lucky

because they have two

mayors.

Lagueos dependency

on illegal activities

(Attention Gen, Nick

Bartolme)

Laguna is a historic

province of the country.

Our national hero

Dr. Jose Rizal was born

in Laguna. He is not

just a hero who loved

our country. He is also

a genius emulated not

only by Malays but also

by the Europeans he ac-

quainted with.

But it seems the

priceless history of La-

guna is forgotten by its

new leaders, especially

the law enforcers.

Today, illegal ac-

tivities invade Laguna.

Count the STL-BOOK-

IES of one Vic Siman.

In Batangas, the illegal

gambling operations

of Boy Almazar and

Karling.Accordingly, there

is the uncontrolled il-

legal logging in Que-

zon province, and

PAIHI in Laguna

province.

The small town

lottery results are used

for jueteng. There is

no wonder why un-

numbered Lagueos

are addicted to illegal

vices.

Allegedly, one

Colonel Pera-Pera-Ta

is fearless in the name

of Tongpats from il-

legal operators!

The colonel boast-

ed that he can take

care of everything and

that the order for the

continuous operation

of illegal activities

has the go-signal of a

Boss of PNP-PRO.

PNP-PRO4 Re-

gional Director, C/

Supt. Gil Meneses,

your men are treading

a wrong path. A path

straight to the pock-

ets!

Jerrys Blogs

By Jerry S. Yap

Hernz quarry

By Hernani Cuare


5/8

October 3-9, 2011 5

Vol. II No. 69

What is your answer, Ruffy?WHAT started as awrong footing as ad-

judged byDyaryo Mag-

dalo is likely to crashRuffy Biazon crying tohis kingdom come.

The rst wrong stephe did was when he an-nounced that there are

plenty of hao-shao journalists at the Cus-toms zone and that hewill get rid of all of themfrom the territory to endsmuggling.

Dyaryo Magdaloagreed to him whenhe said there are hao-shao or fake journalistsin the new world he nowlords over.

But it is simply illogi-cal to say that smuggling

can be ended by takingaway these people hecalled hao-shiaos.

First, there havebeen no reporters, hao-shiaos or genuine, whohave acquired priceycondominiums, golfcourses, luxury carsand SUVs, big tracksof lands, or hundredsof millions in bank ac-counts.

To the contrary, a fewlifestyle checks doneso far by the Ombuds-man are in themselvesenough to support the

proposition that it is theCustoms ofcials whoshould be excluded andnot the reporters.

At least, DyaryoMagdalo is very surein stating there have

been no reporters, hao-shiaos or genuine, whohave been charged orconvicted under the life-style checks.

In fairness to those journalists who havetraded their principles

for favors, they are givenonly rewards that are min-iscule compared to what

Customs ofcials rakefrom smugglers and themoney given to reportersas gifts are rewards forsilence.

Perhaps, Ruffy heed-ed the advice of DyaryoMagdalo that it is for himto hit the smugglers, notthe reporters.

This belief rests on thefact that he called in a con-ference with all persons

parading as media menwithin the Customs zoneand he threshed out mat-ters with them.

Many in the confer-ence who are writing forweekly papers circulated

in the Customs demand-ed from Ruffy to iden-tify who among them arehao-shiaos. He couldnot answer.

Doubtful personalities

Contrary to his di-vine word against hao-shiaos, a piece or two ofvulnerability have beeneyed in Ruffy.

This, after it waslearned he took in deputycommissioner Rey Nico-las as his chief of staff.The latter was convicted

by the Ombudsman afterfailing in a lifestyle check

but was exonerated later.This is not saying

that Nicolas was indeedguilty or innocent. Butthe unfairness of life dic-tates that it is too difcultfor one to get out of thestigma of the accusationswhen convicted even afterthe conviction has beenreversed.

With this as a fact oflife, the choice of a chief

of staff becomes a wrong political move for Ruffy.Voters never inquire butvote according to their be-liefs and reject accordingto their doubts.

But if Ruffy does notcare about his reputation

because he might have nomore political plans, so beit. It is his choice, anyway.Maybe he believes in thetotalitarian principle that

what matters most is theresult: the end justies themeans.

But if the people sur-rounding him on the basisof his trust in them arehaving doubtful reputa-tion, it will be too hardfor Ruffy to achieve hisdream of establishingMatuwid Na Daan at theCustoms. Any corrupt of-cial there would just say,Look, whos talking?

So that it is suggested by the editor-in-chief ofthis weekly who voted forRuffy in the last senatorialelections that he shouldget people who are fresh

to the eyes of the people inthe Customs if he wants togain rst sufcient moralstrength needed to achievehis goals.

Task Force OCOM, another

PASG

Dyaryo Magdalo alsolearned that Ruffy is orga-nizing Task Force Ofceof the Commissioner, or

TF-OCOM.There should have

been no doubt with thisfor it is within his preroga-tives.

But what is alarming isthat this TF-OCOM wouldoperate like another Presi-dential Anti-SmugglingGroup (PASG).

It is still too fresh inmemory that this PASGhas been labelled by many

as highway robbers.This is because PASGmen indiscriminatelyclawed container vans onhighways or elsewhere,raided warehouses at will,seized any goods in dis-

play and all other revolt-ing acts, all done withoutsearch warrants.

The PASG men werecapitalizing on the fearsof importers: that it was

better for them to give into extortions and weeklytongs rather than ghtoff in courts.

This fear that TF-OCOM would only beanother PASG is founded

on the information DyaryoMagdalo gathered that thenames of persons beingeyed to be tapped would

be some of the big men ofPASG then. If this is true,nothing separates Ruffyfrom PASG.

Hiding of inward foreign

manifests

By the way, Dyaryo

Magdalo gathered alsothat since Ruffy enteredhis new ofce, there has

been no more alarm thathas been issued.

Alarm is issued when-ever the data listed in aninward foreign manifest(IFM) does not match thelist of import being de-clared by its importer.

Actually, if only Cus-toms men are truthful to

their sworn duties, it iseasy to stop smuggling.By just making the

inward foreign manifestsopen to the public, thesmugglers can no longercheat because their dec-larations can always bechecked against the IFMsand the correct taxesnamed duties are col-lected.

Of all countries thatare the ports of origin ofall imports into the Philip-

pines, it is only China thatis feared to be not abiding

by the game of truth.All others are per-

ceived to be truthful in

forwarding manifests tothe Philippine governmentas part of a treaty aimed atcurbing smuggling in any

part of the world and as ameans of getting true dataof imports and exports forthe purpose of balancinginterests in accordancewith the World Trade Or-ganization and GeneralAgreements on Tariffs andTrade.

But what purpose willthe IFMs serve if they arehidden?

If the IFMs are fur-nished Deputy Commis-sioner for IntelligenceDanilo Lim, he will haveno trouble in the job ofgathering informationabout all kinds of smug-gling.

Dyaryo Magdalossource said that the cop-ies of IMFs are exclusiveonly to four ofces: theofces of Customs Com-missioner, Port Collector,Port Inspector, and Cus-toms Audit.

Why is it not providedwith the Deputy Commis-sioner for Intelligence,who is ex-Gen. Lim?

What is then the justi-cation that IFMs must becondential?

A piece of advice toRuffy: Dont let IFMsremain exclusive only tofour ofces. You will beheld directly responsiblefor every smuggling actthat may be discovered.

No one else, but you,Ruffy.

Since no alarm has been put out, DyaryoMagdalos sources saidthat smugglers and theircohorts among Customsmen have been feastingon.

One slip off Ruffy

In September, insid-ers told Dyaryo Magdalothat a loose cargo was in-tercepted by the CustomsIntelligence and Investi-gation Section (CIIS) atthe Manila InternationalContainer Port (MICP).

The imported itemswere said to be wirelesslapel microphones from

China. They were saidto have been held bythe team of MICP-CI-

IS Chief May Galang,whose direct superior isCIIS Director FilomenoC. Vicencio, whose su-

perior, in turn, is formerGeneral Lim.

No less than pres-ent Assistant CustomsCommissioner Sieg-fred Mison signed theUniversity of the Eastcertication stating thatVicencio has never beena student of UE, contraryto the latters statementin his PDS (personneldata sheet).

So that Ruffy mustdeal this matter aboutVicencio, whose wealth

has grown beyond imag-ination since he wasappointed by Gloria Ar-royo more than a yearago but who was not re-

placed by my candidatefor president, PNoy.

The sources saidsomebody within theMICP-CIIS team oatedthe idea that P30,000made magic for thewireless lapel micro-

phones. On Wednesday,September 27, the cargo

disappeared when ty-phoon Pedring left thecountry.

The Customs insid-ers also said that threeto four ships loaded with600 to 700 containervans are arriving at thePort of Manila everyweek.

With this number ofcontainer vans, the in-siders said that the P30-

billion collection decitof the bureau is morethan easy to be lled up.

What is your answer,Ruffy?

Privileged spitsBy Toto C. Causing

From being an adminis-tration chief where he has

been exercising adminis-trative and disciplinary ju-risdiction over 1,000 per-sonnel all over the country,he was transferred to the

bureaus Makati exten-sion ofce, where he hasto supervise only six em-

ployees. He mused furtherthat the Makati ofce is noteven part of the plantilla ofthe bureau.

He accused GeneralDavid as a man of bad tem-

per, a man who is abusiveand discourteous, a manwho is of indecisive char-acter yet one who does not

hide his contempt and lackof respect towards ofcialsand employees of the BI.

Quirante said that Da-vid failed to exercise hisfunctions with dignity,courtesy, self-restraint, andcivility in dealing with itsofcials and employees ofthe bureau and the trans-acting public as well.

In other words, Quiran-te is insisting that Davidhas a narcissistic person-ality disorder owing toextreme premium to ma-chismo.

He also accused Davidof governing the bureau byfavoritism.

Quirante said that BIacting Intelligence ChiefAtty. Ma. Antonette Buca-sas-Mangrobang has beenexempt from punching at-tendance at their biometricclock.

He added that favoredstaff and certain ofcialswho have been there atthe BI for only six monthsor less are paid with ad-ditional bonuses althoughthey are not entitled to thegoodies and cookies underthe law.

In his complaint beforethe Ofce of the Ombuds-

man, Quirante also ac-cused Mison of conspiringwith David in perpetrat-ing that most humiliatingevent in his life.

Sharing dilemma to

De Lima

Quirante also ran forhis dilemma to SecretaryLeila M. De Lima.

In his September 14,2011 letter, he expressedhis resentment and ex-treme disgust over whattranspired on September3 that De Lima personallywitnessed as the guest ofhonor.

Quirante believed hewas set up by David to

be humiliated in front ofemployees who voted forHigante as the modelemployee of the bureau.He labelled it as not withinthe denition of Matuwid

Na Daan.He said that on Sep-

tember 2, 2011, Maan Pe-dro from Misons ofceinformed him to attend theawarding ceremony thenext day.

In scratching the ac-complishments of David atthe AFP, it has been uncov-ered by Dyaryo Magdalothat one of his top records

was during his tour of dutyin Mindanao.

There, it was said he re-duced the number the reg-ular members of the AbuSayyaf terror group from391 in 2009 to 386 in 2010.

Meaning, he failed tocripple the group from ter-rorizing. His correct an-swers were only ve out of391 test questions.

Robbery of honor in broad

daylight

Quirante also labelledhis unparalleled experi-ence to a robbery of honordone in broad daylight.

Instead of being be-stowed the model employ-ee honor that he presum-ably deserved, he was not

conferred with it andinthe exceedingly disgust-ing mannerit was an-nounced in full view of the

public that he was beingreassigned to a lowly andinexistent post.

Quirante was so dressedup that moment. He was sohappy to savor what he ex-

pected should be the mostimportant event in his lifeas a career governmentworker. Only to make it asthe most unforgettable in-sult that could have killedhim if his heart was notstrong enough.

Imagine the situation.He was informed he was

going to be feted that hemust attend the celebra-tion. So he must come toreceive the honors as BIModel Division Chief byunder the PRAISE systemand as the Most Outstand-ing Employee for 2011.

Instead, he gotshocked. The awards werenot given. His honor wasdesecrated.

While his co-employ-ees were listening, As-sociate CommissionerAbdullah S. Mangotara an-nounced the reassignmentto the Makati ExtensionOfce. No explanationwas given.

His blood pressure shot

up to 200/100. It was at-tested to by BI MedicalSection Chief Dr. MariaTheresa O. Montenegro.

The problem of this mili-

tary man in civilian post

The attitude of Com-missioner David could betraced to his military train-ing and experiences, inaccordance with a biblical

passage that says: Trainup a child in the way heshould go and when he isold he will never departfrom it. (Proverbs 22:6)

David had been trainedto be a military man.

He schooled at the

Philippine Military Acad-emy in 1973 to 1977 whenthey were babies of theformer dictator FerdinandMarcos.

He experienced theharshness of life duringhis active duty from 1977to end up getting the most-coveted dream of anyPMAer: to be the chief ofstaff of the AFP.

After retiring on March8, 2011 from the AFP, hisluck rolled on to nd him-self as head of a civilianofce that is one of the

juiciest in terms of incomethrough evil and hiddenways.

Of course, his disci-

pline is the military code:Obey rst before youcomplain.

As if he does not knowthe motto: MamamayanMuna, Hindi Mamaya

Na! No wonder. David de-

parted not from his tradi-tion.

Quirante cried out loudin pain in front of the em-

ployees who looked at himas their model and in the

presence of Justice Secre-tary Leila De Lima as Da-vid just showed a Hitlerssmile.

Watch out! Dontblink!

Associate Commissioner Siegfred Mison

Big men, Big warFrom page 3


6/8

6


Simplifed Libel Law

in the PhilippinesBy BERTENI TOTO CATALUA CAUSING

T

HE extensive and detailed denition of

libel is the one recited in Article 353 of the

Revised Penal Code of the Philippines.

This article states:

Art. 353. Denition of libel. A libel

is public and malicious imputation of a crime, or

of a vice or defect, real or imaginary, or any act,

omission, condition, status, or circumstance tending

to cause the dishonor, discredit, or contempt of a

natural or juridical person, or to blacken the memory

of one who is dead.

If this denition of the law is analyzed, we are

seeing at imputation that brings shame as the root of

libel. But what kind of imputation does the law refer

to?

To take this denition by the heart is somewhat

uncomfortable, even to the lawyers.

Easiest denition of libel: DIMP

But for purposes of simplicity, easy comprehen-

sion and easy memory for journalists and other lay

men, just remember the word DIMP.

As formulated by the author, this DIMP encap-

sulates all elements to form one denition of libel.So hold your breath.

Just remember the word DIMP and you know

by heart what libel means. And if you know the

denition, you would sufciently be armed with

knowledge to guide you in every article you write or

word you utter before a broadcasting entity.

D = Defamation

D stands for defamation.

Imagine anything that could hurt another persons

ego and honor, or anything that can put him in shame

or public contempt, or anything that is a lie or false,

this is what defamation is all about.

There is no limit as to what kind of imputation is

defamatory or not. The richness of the imagination

of a writer can produce many forms of defamatory

imputations. It can be done even in a cartoon or a

movie or a painting.

I = Identification

I stands for identication.

By identication, what the libel law means is that

it can be identied who are the persons or entities

(a corporation, a partnership, a product, or brand of

services) being referred to as the one being defamed,

or being attacked or criticized.

There is identication if the subject of the

defamatory imputations is expressly named. There

is also identication if the name of the person being

defamed can be identied from the descriptions

given in the same published writeup or broadcast

item.

M = Malice

M stands for malice.Under the criminal law in the Philippines,

malice means intention or deliberateness. This

must be separated from accidental or an act

done by mistake.

For an act to be considered done with

malice, it must be an act or omission that

violated a law and the violator knew at the

time of doing that act or omission that it

was against the law. The condition of

the mind of this kind of person is what

is called commonly by lawyers and

justices as ill will and spite.

Applying this basic

denition of malice in

libel law, it means that the libeler knows that the defamation is not true or is false

yet he continued defaming another anyway.

P = Publication

P stands for publication.

Under libel law, there is no libel if there is no publication. This means that

despite the existence of defamation, identication and malice, as long as the defa -

mation is not published, there is no libel.

In the context of old, the denition of publication was limited to the publica -

tion in print: be it in books, in magazines, in letters, in newspapers or anything

that is written.

In the modern context, publication includes broadcasting.

In the most recent context, it now includes internet publications, either in the

form of uploaded text or photo or videos. It also includes those text messages sent

through cellular phones. Also included in this form are the fax messages.

So, that by remembering DIMP you will know by heart what libel means.

The formal and legal denition of libel under Article 353

The libel law of the Philippines itself states the kinds of defamatory imputation

covered under Article 353 of the Revised Penal Code, such as:

(a) imputation of a crime;

(b) imputation of a vice, as in alcoholic or womanizer;

(c) imputation of a defect, such as a defect in hearing and certain other physicaldefects;

(d) imputation of an act that tends to cause dishonor, discredit or contempt of a

person or that blackens the memory of one who is dead;

(e) imputation of an omission that tends to cause dishonor, discredit or con-

tempt of a person or that blackens the memory of one who is dead;

(f) imputation of a condition that tends to cause dishonor, discredit or contempt

of a person or that blackens the memory of one who is dead;

(g) imputation of a status that tends to cause dishonor, discredit or contempt of

a person or that blackens the memory of one who is dead; and

(h) imputation of a circumstance that tends to cause dishonor, discredit or con-

tempt of a person or that blackens the memory of one who is dead.

This denition of the law is so broad that it covers almost everything that

causes dishonor, discredit or contempt of a person or that blackens the memory of

one who is dead.

Along with imputations, the denition of libel requires the presence of publica -

tion of these imputations.

This is actually the D in the DIMP presented by the author.

Now, the next point of discussion is publication.

Formally and legally speaking, the law refers to publication as any act ofmaking the imputation known to the public or persons other than the one being

defamed.

And this act of publication includes publications in newspapers, magazines,

books, newsletters, letters, Internet web pages, cellular phone short messages

popularly called in the Philippines as plain text, fax messages, email messages,

telegram although somewhat obsolete now, radio and television broadcasts. Also

considered as a form of publication is an act of sending a defamatory letter to a

person other the one being defamed in that letter.

Some of these enumerated forms of publications are not found in those modes

or manner enumerated by the law by which publication can be committed.

The law that enumerates this is Article 355 of the Revised Penal Code, which

says:

Art. 355. Libel means by writings or similar means. A libel committed by

means of writing, printing, lithography, engraving, radio, phonograph, painting,

theatrical exhibition, cinematographic exhibition, or any similar means, shall be

punished by prision correccional in its minimum and medium periods or a ne

ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may

be brought by the offended party.

Under this law, the rst mode of libel is by publishing some writings. This isthe reason why libel is sometimes referred to as written defamation. Defama-

tion items done not by writing were originally referred to as oral defamation or

slander.

By the law, acts considered as written defamation are those done by printing,

lithography, engraving or similar means. The current trends of high technology,

such as internet mails, chats, web posts and blog posts, fax machines, text mes-

sages or short messaging through cellular phones may be referred to as similar

means of writing because they contain letters. The same law now includes as

libel those acts of defaming by means of painting, theatrical exhibitions, cinemato-

graphic exhibitions, radio, phonograph, or similar means. This means that any act

of defaming using a medium is considered libel.

The next point of discussion comes to identication.

Of course, a person cannot be put to shame if he is not named or identied.

This is the reason that libel can only be had if the person subject of defamation is,

or can be, identied.

So that even if only descriptions of a person are written or broadcast yet he or

she can still be identied by persons other than the person concerned from those

Chapter II

Denition of Libeldescriptions, there is still the element of identica-

tion.

The Philippine Supreme Court loves to call this

element as identiability although the word is not

found in any English dictionary. Actually, it is an

irony that the Supreme Court has introduced in its

Rules of Court and rulings in cases many words not

Latin but cannot be found in any dictionary of the

Queens tongue.

The third point of discussion is malice.

Notice that the denition of libel under Article

353 starts with the phrase public and malicious.

This means that for an act of defaming to be libel,

besides being published there ought to be the exis-

tence of malice.

To say there is malice in libel is to prove that

there is that intention to defame. To say there is

intention to defame is to show that the clear purpose

is to defame only and nothing else.

Thus, if the purpose in the writing or utterance

of a remark is to criticize for the purpose of good

governance or public good, or for the purpose of

defense of ones honor, or a mere exercise of a rightgiven by law or the constitution, there is no malice

in libel to speak of.

Also, if there was no intention but mere accident

that the defamatory words were published, there is

also no malice.

An example of this covers utterances or writings

made in spontaneous reactions to stimuli. In this

situation, there is no purpose to speak ill of another.

This is because it was just a natural response of a

man or a woman being attacked, considering that

it is an instinct of every human being to do acts for

self-preservation.

Also, to utter words that are a common expres-

sion in a community, like son of a beast or putang

ina, is obvious to have no purpose to defame, such

that there is no malice.

Summary of the denition of libel:

Be it under my theory of DIMP or under the law

of libel in the Philippines, the denition of libel is

the same.

There is libel when four elements are present.

These elements are defamation, identication,

malice, and publication. Note the initials D in

defamation, I in identication, M in malice, and

P in publication.

Hence, to know the denition of libel by the

heart, just say it: DIMP!

Until here, the author is condent that the reader

will have now a good and broad idea of what is libel.

Simply speaking, if one of the four elements in

DIMP is absent there is no libel.

As such, he is also condent that the reader will

know what preventive measures to do when writing

for newspaper publication or speaking for broadcast

purposes.


7/8

October 3-9, 2011 7

Vol. II No. 69

ByRONALDOHERICO

LAST DEFENSE FOR

THE FILIPINO FLASH?

Brief beginning

In brief, Bernardoand Montezon said intheir afdavits that theircommon friend namedJonathan Dulay calledthem to help him be-cause the latter wantedto help his Japanesefriend whose problemwas that his visa hasalready expired for twoyears and a half.

So that on August26, 2011, Bernardo gavein and went to meet Du-lay at the Caltex Stationon Edsa corner VergelSt. in Pasay City. Upon

arriving at the said refu-eling station, Bernardosaw Montezon in thecompany of Dulay.

Then they went tothe house of the Japa-nese who turned outto be Hayashi. There,Dulay met with theJapanese and his wifeJoanna Morelos Hayas-hi at noon time. Theythen went to BrothersBurger on MacapagalAvenue, Pasay City forthe lunch and it wasthere that they ate anddiscussed about the

problem.During the lunch,

Bernardo and Montezonsaid that they did not in-terfere with Dulay whileDulay was talking to thisJoanna while they wereexchanging words and

jokes joyfully, includingthe discussions where Jo-anna presented her prob-lem with regard to herhusbands overstaying sta-tus as an alien.

Bernardo and Monte-zon said that the conversa-tion was so casual whenthey heard Dulay tellingJoanna that it would costthem Php200,000 to x the

problem of her husband.After that, they parted

ways. Bernardo left aloneon his vehicle. But beforethat, Dulay turned over tohim the papers and askedhim to study how theycould help the Japanesefriend.

At this juncture, theysaid that Dulay and Mon-tezon left together aboardDulays vehicle, where Jo-anna and her husband also

boarded.After dropping Joanna

and her husband at Edsacorner Vergel St., Dulayand Montezon left andeventually parted ways.

Bernardo and Monte-zon said that since parting

ways, they had never beencontacted by Dulay. Itwas only on September 2,2011 when they received acall from Dulay for themto meet again at the same

Caltex station.While waiting for Du-lay at the parking area ofthe convenience store atthe gas station, Bernardosaid he saw Montezon ar-riving and boarding hisFortuner immediately.

While inside the ve-hicle, they were talkingto each other when Du-lay called them over onMontezons cellphone thatDulay cannot come andinstructed them to be theones to talk to Joanna.

At this point, Bernardosaid he told Montezon thatthey would leave becausethey did not want to inter-

fere with Dulays trans-action with his Japanesefriend.

But as he was drivinghis Fortuner slowly, Ber-nardo said that Montezonsaw Joanna sitting at theconvenience store so thathe opened the passenger-seat window by one-fourthdown and called Joanna tocome near for the purposeof asking permission toleave because Dulay can-not come.

At that juncture, Ber-nardo said he noticed thatJoanna was hanging herngers on the window ofthe Fortuner and was not

removing her ngers de-spite the fact that the ve-hicle was already startedto drive away.

As the Fortuner wastrying to make a drive

out to Edsa, the van ofthe RPIOU policemen blocked them and ar-rested them even with-out personally seeingwhether an entrapmentmoney was handed overor there was none.

Let the good men

remain

It is basic that wearrest persons onlywhen caught in the actto avoid suspicions. Butsince what these RPI-OU policemen did waswrong, we will teachthem a lesson they can-

not forget. They cannot bring back our dam-aged reputation except

by proving in court thatthey committed crimesof illegal arrest, robberyor theft and falsica-tion, Montezon said.

We want them alsoremoved from the policeservice or they wouldvictimize more persons.If they did this to us whoare law enforcers, howmuch more to innocentcivilians? Bernardoasked.

Let the good menremain, Montezon andBernardo chorused.

Bandits of ...From page 3

NO N I T O

The Fili- pino Flash

Donaire Jr.

is now into

his less-than-a-month

training in preparation

for his last title defense

at 118 pounds against

undefeated, two divi-

sion world champion

Omar Andres Narvaez

of Argentina to be heldat the Madison Square

Garden in New York

City on October 23,

Manila time.

The WBC and WBO

bantamweight champion

is picking up the tempo

as the ght night draws

near. He has sparred 10

rounds with 3 separate

opponents and is feelinggood about it.

Although Nonito is

eight pounds over the

bantamweight limit, his

handlers said the excess

weight does not pose a

serious concern as he has

not cut down on food yet.

When asked about

his clash against Nar-

vaez, Donaire guaran-teed to give his best

shot against the unde-

feated Argentine.

I know that hes a

legend in Argentina

hes a great ghter, he

knows how to be of-

fensive, he knows how

to be defensive. Hes a

ghter that knows how

to win out there, thatswhy hes undefeated,

said Donaire.

Indications had it

that Donaire is going up

to the next division, the

super bantamweight,

because he has trained

his sight on Mexican

warrior Jorge Travie-

so Arce early next year

before battling WBC

champion Toshiaki

Nishioka sometime in

May or June.

Donaire has been

very vocal about his

intentions and has time

and again said that he

always wanted to ght

Arce.

Top Rank big boss

Bob Arum has also de-

clared that the ght be-

tween the two is a real

possibility since the

original plan to ght

Nishioka failed.

The Japanese cham-

pion has just come off

a hard-fought, twelve-

round decision over

former world champion

Rafael Marquez of Mex-ico. Nishioka wanted to

take a rest and would not

be ready until the rst

quarter of 2012.

The next Pacquiao

I think Donaire has

a great opportunity to

be a big, big superstar,

Arum told the online

edition of The Ring

magazine in New York.

The Hall of Fame

boxing promoter has

found the heir appar-

ent to Manny Pacquiao.

When asked about whoamong the present crop

of Filipino boxers could

ll in the void once the

Pacman hang up his

gloves.

Arum believes that

Donaire has all the qual-

ities needed to reach su-

perstardom. Donaire at

28 is widely regarded as

among the worlds top

ghters today.

As you know, Man-

ny Pacquiao is the best

ghter right now. To

be compared to Manny

and to be the next Man-

ny Pacquiao, I mean,

what else can you say?

Donaire said.

He has won world

titles at yweight (112

lbs) and bantamweight

(118 lbs).

Going up to the su-

per bantamweight (122

lbs) division, Donaire

is expected to lock

horns with Arce, Nish-

ioka, Cubans Guillermo

Rigondeaux and Yurior-

kis Gamboa.

Donaire, an avid sup- porter of breast cancer

awareness programs,

will be wearing bright

pink gloves in his title

defense against Nar-

vaez. He wants to bring

more awareness to his

cause come ght night.

Donaire also an-

nounced that he is giv-

ing one lucky Filipino

resident of New York,

New Jersey or Connecti-

cut the chance to sing

our national anthem in

front of the thousands at-

tending and the millions

watching worldwide.The WBC and the

WBO bantamweight

champ is giving Fili-

pino residents of the Tri

State area an opportuni-

ty to be part of this great

sporting event.

Not only will he be

able to watch the ght

live at the Madison

Square Garden but he

will also take the cen-

ter stage in leading the

singing of the Philip-

pine National Anthem.

The Filipino Flash

announced through his

Facebook fan page that

everyone, regardless if

you are an amateur or

a seasoned profession-

al singer, student or a

working professional, is

encouraged to join the

search.

You can make a

video clip of yourself

singing our national

anthem and upload the

clip via YouTube and

you can post the link of

the video on Donaires

Facebook page: No-nito Donaire Jr. (http://

www.facebook.com/#!/

nonitodonaire) or you

can email the video clip

together with a short

biography and your

contact information to

[email protected].

The winner will

be announced during

the Filipino champs

scheduled open public

workout on October 15

at 1pm at the Gleasons

Gym in Brooklyn, New

York.

Nonito Donaire of the Philippines jumps as he celebrate while watchingFernando Montiel of Mexico struggles to his feet in the second round oftheir WBC/WBO bantamweight championship bout as referee RussellMora counts at the Mandalay Bay Events Center in Las Vegas, Nevada.Donaire won by TKO in the second round to claim Montiels titles.


8/8

8


YUMMY,YUMMYSHAMCEY!

After the DreamEdwin CordevillaAfter the dream, when everything has been said,Said and done, the pain felt and related to the

reader,Would I be better, would I be a better man,

Could I insist that this particular theory is rightAnd the other wrong, would I be believed,Would I be believed if I say I did not knowHow to start this poem, never really have startedWriting this poem, this poem about youAnd me which is also about the word,Which is also about peace, that I have alwaysContemplated, prayed and contemplatedTo write this poem, tried to imagine the start,Tried even harder to imagine the life I would be

intoIf ever should I start writing the poem,Would I be better, would I be a better man,With enough bread to feed the clan,With enough bread and joy to last me two life-

times,Thats why Im most afraid, most afraidTo start, most afraid to even sense the right words

That would have me starting, for after writing thosewordsAnd reading them and rereading themAnd rereading them still I know life would be dif-

ferent,I know something would change, or everything

would change,Would I see the sunrise the same way as before,Would I still enjoy the song on the radio,Would I be a better man, or far removed from my

comfort,Would I still enjoy the movies, the cafes,Would you still love me, after the baring of the

soul,After reading to you the stanzas, after the joyYou would have witnessed in me while reading,Would you still feel love, or fear, fear for the

future,

Fear of what would I become, fear of what wewould become,So, I imagine the words, imagine them forming,Imagine writing them and smiling as I write,Or try to feel the pain I would be feeling if I write,If I finally write the words I previously imagined,Would I please you, would I ever please you,But, here I am, in one corner of the world,Afraid to even jot down the words, most afraid,Most afraid of what words would make me into,What price to pay to write the wordsI have imagined, what precious price to pay,Would I use the notebook Ive used yesterday,Should I sit on the table by the windowOr use the computer at the study, would it be

betterTo use the laptop, would I be using a penOr a keyboard, should I change my shirt,

Remove the wristwatch to eliminate time,Should I buy a pack of cigarettes firstBefore I even start, should I take breakfastThen take vitamins, should I go to my secret placeAnd talk to the turtles, should I even start,Should I even write, should I even imagine the

words,Would it be better to turn on the television setAnd watch a favorite show, laugh with the studio

audienceAs the host throws around his usual antics, or

would it be betterTo watch the news, anger myself with the injus-

ticesThat would always be there in the news, selling

the news,Selling the network, providing for the fat salariesOf the news readers, should I wear socks,

should I play the music,Could I even handle the dream,Lights in, lights out, the world outside

humming the motor

Melody, machines working at this very hour,machines as bigAs a building and as small as a molecule,

would it matter,Would it really matter if I just dont write the wordsIve imagined, would it matter if I dont even start

imaginingThe words, would it really matter if I just leave the

notebookOpen without a single word written on it,What if I just sit down and watch the whole of

civilizationFrom my corner, I guess it wouldnt matter at all,Not at all, would it matter if I say I believe in fairiesAnd angels while you dont, I think not at all,When I was a child, I dreamt as a child,Now, that I am a man in my 40sI dream the dreams of a grown man

And that of a childs, I say to myself,`I have changed after all, I did change after all.I do enjoy the cafes, the conversations,I do enjoy reading you a poem or two,I enjoy summers and the rain, I enjoy the sunshineAnd the darkness as well, I enjoy your epicsAs I enjoy feeding the turtles,I enjoy the moon tangled with your hair,Oh! Should I just buy a newspaperAnd make it the space between you and me,Analyze the events, see the world from a distance,Calculate the risks in the stock market,Make a comment or two about current affairs,Or write a suggestion to the president,Would it matter, would it matter at all,Oh! I should stand and keep the house in orderWhile the people are still fast asleep and dreaming,Make peace with myself and the world, then write

longPoems about love, life and peace, write long linesAbout pain and sorrow and misery, write longLines about joy and caring and sharing,Oh! They should matter somewhere, I guessThey should matter to someone somewhere,Or, I would not be writing, I would not beWriting at all. Writing, I am most afraid.Most afraid to quicken the wordsAnd send them to their crisis,Most afraid to write down the wordsAnd let the day make them happen,Most afraid to let my guard down and exposeMyself to angels and prophets,Most afraid to lift the pen and draw out the

letters,To write down the words that would inhabit space,Inhabit thoughts that would live lives

And walk among us. Would I recognize them,Or, would they recognize me at all.After the dreaming, the imagining of the words,After taking courage to write down the first few

words,And risking my comfort, would it matter,Would anything matter at all.I guess I would just watch the sun rise in the morn-

ingAnd descend in magnificent sunset,I guess I would just watch a television showAnd laugh with the audience,I guess I would just go to the mall and watch a

movie.I guess I would just grab a newspaper and read the

events,Watch the world from a distance, smile at people,Whistle a tune and think of happy endings.

Editors brief review of the poem:In this poem author Ed Cordevilla wants to write but expresses all the circumstances surrounding him that make him doubt to do what he wants after waking up from a dream.In a general sense, Ed exposes the general dilemma of any person wanting to do something to achieve his dream when distractions are invading his attention.My lesson from this poem is this: if you want to do something to fulll your dream do it with all your might, decide immediately after sufcient reection on

whether to go ahead with it, and close your eyes to all else that steal your eyes, your heart, and your mind.According to Ed, who has become closer to me after discovering some of his depth, this poem is an excerpt from his Ten Thousand Lines Project For

World Peace, an epic in progress.He began writing for this in January 2010. He is now at 7,000 lines. Excerpts of the epic already saw print at The Philippines Graphic Weekly

Magazine and The Manila Times Sunday Magazine.

When Ed consented to have some lines of his poetic journey published regularly in Dyaryo Magdalo, we feel lucky to keep our tradition ofne writing in the language of truth and in the spirit of liberty.But before we proceed, let me invite our readers to write your poems, submit it to [email protected] or berteni.causing@gmail.

com, or post them as comments on my personal website http://totocausing.com, and we will see if we can see literary gems in them.And if lucky to be adjudged by me for publication, the poems will deserve my review before presenting them in order to give rst to thereader an idea on what he would expect in reading the poem.

Today, we present his excerpt he entitled After the Dream.

PR

oetry

eality

Issue Vol 2

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Transcript of Issue Vol 2