Centrist Democracy Political Institute - Items filtered by date: October 2025

MANILA, Philippines — Ayuda for your signature.

Residents testified at a Senate hearing in Davao City yesterday that they were made to sign people’s initiative (PI) signature sheets with the promise that they would be given ayuda or financial assistance, food packages and other benefits.

The continuing probe by the Senate committee on electoral reform and people’s participation chaired by Sen. Imee Marcos has focused on the residents and critics of the latest Charter change push, speaking of bribery and of money clandestinely changing hands during the signature drive.

Former president Rodrigo Duterte, who has openly opposed the latest Cha-cha push, was on the guest list but did not show up at the hearing.

The Senate hearing, which lasted for almost four hours, was attended by Senators Bong Go and Ronald dela Rosa, both from Davao, and several local government officials and residents.

A barangay captain presented to the committee several documents in a green folder containing a list of residents who wanted to withdraw their signatures from the PI. “My personnel in the barangay were also considered victims. They were offered P4,000 just to gather signatures,” he said.

An official of the Commission on Elections said the signatures of residents who would like to withdraw would not be used by the Comelec.

Richell Siguera, a barangay coordinator, showed to the panel a piece of paper which she received from those who secured her signature. The paper contained a stub of AICS or Assistance to Individuals in Crisis Situations.

“A certain Yap gave it to her and that Yap is reporting to Cong. Migz Nograles,” Siguera added.

She said she also solicited signatures from her neighbors.

She admitted that she did not explain the PI to her neighbors as she herself has limited knowledge about it.

“They told us to keep the coupon and wait for the money. They have yet to receive any amount yet,” Siguera added.

When Dela Rosa asked the residents if they would have signed the signature forms without being assured of coupon, they replied “no sir.”

At the hearing, the senators also warned the People’s Initiative for Modernization and Reform Action (PIRMA) to submit its list of donors of the P55 million spent for television advertisements promoting PI.

Marcos said PIRMA led by its convenor Noel Oñate should submit the list required by Senate Minority Leader Aquilino Pimentel III.

“I have a stern warning for PIRMA, the legal counsel are here, you need to advise your client about the donations lists that constitute until today, three days after the fact, donors list, BIR receipt or whatever documents. Nothing has been submitted so far. Submit it at the earliest possible opportunities,” Marcos said before suspending the public hearing.

Marcos said many people wanted to participate in the hearing but there was limited time.

She encouraged barangay officials to submit more evidence to prove cases of bribery and misuse of government funds.

During the previous hearing, Sen. Francis Escudero asked Oñate about the cost of the printing of the PI forms but he claimed he was not familiar with it.

“What I know is the figure in the airing of the advertisement which cost P55 million, ABS-CBN, TV5 and GMA7.”

No shift to parliament

House Majority Leader Mannix Dalipe has again assured Senate counterparts and the public that Resolution of Both Houses No. 6 on Cha-cha would not lead to a shift to a parliamentary form of government.

Dalipe said there is no truth to the claims of Duterte that Cha-cha would also change the country’s political landscape.

“With regards to suspicion that we are trying to do this to have somebody become a PM (prime minister) or something, records will prove (otherwise),” noted the representative of Zamboanga City.

The lawmaker added that what any doubting individual could do is to check the RBH 6 documents that the House of Representatives had submitted to the Senate.

“So I don’t know where it came from – the allegation that changes will be political. It is clear that what we transmitted is for (amendment of) economic provisions,” he maintained. Dalipe also challenged those making such accusation to show evidence.

According to Duterte, once the parliamentary form of government is established, Speaker Martin Romuldez would be installed as the prime minister and he would be succeeded by presidential son Ilocos Norte Rep. Sandro Marcos.

Deputy Speaker and Quezon Rep. David Suarez said what they see is the “narrative against development and progress is consistent.”

“They always want to put political color to the constitutional amendment that we are proposing, when in fact what is on the table are purely economic amendments,” Suarez added.

He cited as basis some senators’ claims the House is bent on abolishing the Senate, when this is just a “figment of their imagination.”

Suarez said this is “nowhere to be found in RBH No. 6.”

“These were the same arguments they have always raised, like they will be abolished and all. Another is the insinuation that we will perpetuate ourselves in power, it’s really the same narrative thrown against the proposal to push for Charter amendments,” he added.  

Suarez also said the Senate’s probe has turned into a “witch hunt.”

“After two hearings, no witnesses have come forward to say that they received money or were bribed to sign the petition calling for Charter amendments,” he added.

Suarez maintained it is a “shame that the probe continues despite having no witness who testified that they were paid” in exchange for their signatures.

The Quezon lawmaker earlier asked the Senate to just “refocus their attention” on the discussion and expedite approval of the Resolution of Both Houses 6 which is aimed at amending the restrictive economic provisions in the Constitution.

He underscored the need to focus on “more pressing issues facing the nation.”

According to Suarez, the “substance and direction” of the inquiry is questionable since there is no witness to confirm the allegation, even in the investigation being done in Davao City where the signature buying was reportedly rampant.

He also raised concerns over the resources and time being spent on the probe.

“While it is crucial to investigate any allegations of misconduct, especially those that could affect constitutional processes, the consistent lack of corroborative testimonies suggests that this investigation may not be the best use of our legislative body’s time and resources,” he added.    

Perilous, dangerous

Meanwhile, one of the framers of the 1987 Constitution described as “perilous and dangerous” the ongoing push for Charter change initiated by the House of Representatives, while a former chief justice maintained there is absolutely no need for one.

Former Commission on Elections commissioner Rene Sarmiento, a member of the 1986 Constitutional Commission, and retired chief justice Hilario Davide Jr. submitted their separate position papers on the PI to Marcos’ committee.

Sarmiento said “constitutions, though imperfect, are fragile democratic instruments that must be protected and safeguarded with vigilance at all times.”

“With numerous challenges facing the country today, internationally and domestically, what is needed at this time is for us and for our elected public officers to take heed the advice of Claro M. Recto when he wrote that the ‘best amendment of the Constitution would be the amendment of our lives, the amendment of our attitudes, outlook and actions, the realization that we are free men and the resolution to live and act as free men,’” he said.

“Yes, attitudes, outlook and attributes that uphold the principle that ‘public office is a public trust,’ that affirm social justice and human rights, that seek to promote the common good of Filipinos,” he noted.

Davide, for his part, reiterated his “stand, repeated many times in the past whenever there were attempts to amend or revise the 1987 Constitution, that there is no need to do so and there are no compelling reasons for that.”

“As one of the commissioners of the 1986 Constitutional Commission who drafted this Constitution, I know it very well, and in explaining my affirmative vote for the final draft of the Constitution at the plenary session of the Commission, I openly declared that this is the Constitution I am willing to die for,” Davide added.

“Verily, the people’s initiative to amend the fundamental law of the land – the 1987 Constitution of the Republic of the Philippines – is a sacred sovereign power which should be exercised with absolute good faith. It should never be tainted with or stained by any vice, defect, trickery, deceit, misrepresentations, wickedness and corruption of any kind,” he said.

The University of the Philippines community and the Catholic Bishops’ Conference of the Philippines have also voiced their opposition to Charter change. — Sheila Crisostomo, Diana Lhyd Suelto, Ghio Ong, Elizabeth Marcelo

Published in News

Third of a series

THE third part of this series focuses on President Rodrigo Duterte. The controversial human rights violations resulting from Duterte's war against illegal drugs, which killed thousands, both innocent and guilty, is one of the greatest blights on his legacy defining his presidency. Recently, this caught America's reading public with the publication of a book by Patricia Evangelista, a young, feisty Filipino journalist and now best-selling author. Her "Some People Need Killing: A Memoir of Murder in My Country" (Penguin, Random House) landed on the New York Times' 10 Best Books of 2023. The Atlantic Monthly describes it as a "...riveting book... an extraordinary testament to half a decade of state-sanctioned terror."

This column will stick to the main theme of this series, profiles of corruption post-Ferdinand E. Marcos Sr. Offhand, this is a cursory study of the evils of well-publicized scandals that have been relegated to the backburner. Our intent is for the current president Ferdinand R. Marcos Jr. to revive the investigations of these corruption cases. Having gone full circle from his father's martial law regime to his more open and democratic administration, my thesis is if he could resolve these scandals and bring the perpetrators to justice for the remaining years of his presidency — even for this alone — he could still be a good president, nay, a great one! And perhaps in the process, he could rehabilitate his father's image — or at least mitigate the nadir of governance in the annals of Philippine history.



Pharmally, Covid-19 and PS-DBM-DoH

Among the many blights of the Duterte regime, this is perhaps the most shameful. For the simple reason, as I wrote back then: "All these occurring during the country's highest regime of pain and trauma, the continued harvest of dead souls through mismanagement of the pandemic and its resultant economic devastation. The repercussions are wide and long-term, and the aftermath is grim. The leadership of today's branches of government will be answerable to the generations to come."

Excerpts from my past columns: "...when Covid-19 struck in early 2020, government rushed in to introduce grandiose-sounding laws — the Bayanihan to Heal As One (and Two) — by granting the president emergency powers. These laws were altogether an appropriate and worthy response. But as always, the devil is in the details. It allowed the primary tools for corruption: negotiated bids on contrived tender failures and sleight-of-hand funds transfers — with leakages somewhere in between; employing obscure patsies 'backed by the powerful.'"

The Senate Committee on Accountability of Public Officers and Investigations (blue ribbon committee) performed its mandate, and the chairman, Sen. Richard Gordon, up for reelection and who previously ran for president and lost, saw the opportunity to build up his political stock. As is the wont of numerous Senate blue ribbon committee hearings — in aid of legislation — Gordon and his cohorts used the investigation as a platform to grandstand the discovery of facts for later litigation, secondary. An afterthought!

Blue ribbon findings

What was established by the blue ribbon was that the scam was perpetrated in the procurement of personal protective equipment (PPE), with the culpable bureaucracy appallingly exploiting a world crisis brought on by the Covid-19 pandemic. The details have by now been digested by the public that the Department of Health (DoH), with the acquiescence of Health Secretary Francisco Duque 3rd, illegally transferred P42 billion of its funds to the procurement service of the Department of Budget and Management (PS-DBM) to outsource the bidding and purchase of PPE and other related, pandemic supplies; that the PS-DBM bought overpriced surgical masks from various suppliers but favoring the under-capitalized (P625,000 paid-up) Chinese subsidiary Pharmally Pharmaceutical Corp. (Pharmally) with a zero track record, but topping more than P8.7 billion in government contracts.

The paper trail led to financial transactions and bureaucratic slippages that indicated the Chinese perpetrators, along with their local business partners and government officials, may also have been conduits of drug money laundered through these operations. Heading this cabal was Duterte's "economic adviser" Michael Yang, a shadowy mainland Chinese figure, Pharmally's financier and guarantor, linked to illegal drugs, known by his many labels — consultant, facilitator, bagman, pagador, or locally, bugaw (pimp), depending on the package offered and bought. The stink has diffused to high heavens and even the presidency and will not dissipate on Duterte's simple denial of innocence, contrived anger and say-so, demanding that he be taken on faith.

In August 2019, Christopher Lao, an obscure lawyer but well connected to the Davao mafia in Malacañang, was appointed undersecretary at the DBM and headed the PS-DBM. As soon as he settled down, he began executing these anomalous transactions. This patsy was at the center of this maelstrom.

Investigations postscript

Despite the overwhelming evidence presented at the blue ribbon, Senator Gordon was unable to elevate his report to the Senate plenary, as it lacked the requisite number of signatures from the senators. According to Gordon, the senators refused to sign the report because it included a recommendation for the filing of charges against President Duterte. The president's Senate allies came to his defense. The report died at the committee level.

In August 2023, Rappler revisited and published a postscript of the biggest corruption scandal of President Duterte now that the pandemic for which this corruption gestated has dissipated and the lockdowns imposed by the president are now just a not-so-distant memory.

First, President Duterte has remained untouched by this mess, as has his longtime aide and now Sen. Christopher "Bong" Go, who was earlier linked to the Pharmally scandal through the DBM undersecretary, Christopher Lao, allegedly his stooge (Go denied this vehemently). No cases were filed against Secretary Duque, and he quietly returned to the private sector teaching at the family-owned Lyceum-Northwestern University in Dagupan City. Michael Yang, Duterte's erstwhile "economic adviser," is now back in China. The biggest fishes got away! Sen. Raffy Tulfo, in October 2022, named Yang as allegedly being among the smugglers of agriculture products into the country, adding the appellation "kingpin" of vegetable smuggling, with operations all over the Philippines.

Rogues' gallery

The Ombudsman's special panel of investigators had recommended the filing of three counts of graft against Christopher Lao. He resigned from PS-DBM in 2020; he was required to pay a slap-on-the-wrist fine equivalent to a year's salary. His alleged accomplice, Warren Rex Liong, group procurement director of PS-DBM, was ironically awarded an appointment as overall deputy ombudsman, which could open him to charges of a conflict of interest. In March 2023, the Ombudsman ordered Liong's preventive suspension along with Paul Jasper de Guzman, the PS-DBM procurement manager.

Among the Pharmally directors and executives were Huang Tzu Yen, chairman, and Zhang Bingquiang, all wanted in Taiwan for financial crimes. The Pharmally cabal completes the Chinese connection; siblings Twinkle and Mohit Dargani, Pharmally president and corporate secretary/treasurer, respectively, and Linconn Ong spent time in detention either at the Senate or in the Pasay City Jail. They were released when the Senate session was adjourned.

The cases of these perpetrators, the small fishes are languishing in the labyrinth of the Philippine justice system. And the big fishes? Waiting for the time that Blind Lady Justice gets Alzheimer's.

Published in LML Polettiques
Thursday, 25 January 2024 19:59

Profiles in corruption: The Cory legacy

Second of a series

THE first part of this series on the riveting Philippine corruption tales portrayed the stark display of naked power by President Noynoy Aquino when their Cojuangco family heirloom, their crown jewel, the Hacienda Luisita, was threatened and sold for a pittance upon the decision of Chief Justice Corona's Supreme Court. But this egregious act was further exacerbated by corrupt senators blatantly selling their votes to impeach Corona. As to the participation of some lawmakers in the pork barrel scam, Art Aguilar, a Harvard colleague, had to remind me that "the Supreme Court ruled the DAP unconstitutional, yet no senator was sanctioned ... no CoA disallowance! Meantime CoA [is] running after govt employees who got peanuts as allowances and separation pay." How true! There is nothing the Filipino can do about this unless President BBM uses the remaining years of his watch to revisit and correct similar anomalies inflicted on the country by all administrations before him. As to Cory Aquino, Ferdinand's nemesis, perhaps BBM's greatest legacy he leaves behind in an attempt to restore his father's image is to put in proper perspective her own.

PCGG

Upon her assumption to power, President Cory's first act was to promulgate Executive Order 1, creating the Presidential Commission on Good Government (PCGG) under the slogan "Nakaw na yaman, ibalik sa bayan," tasked to recover the ill-gotten wealth that the Marcoses, relatives and their cronies in the oligarchy amassed over two decades.

The PCGG was the Cory government's leading-edge instrument, given a free hand to investigate and pursue cases in court, sequestrations, and compromise settlements with the Marcos family, their cronies, and the oligarchs whose assets appear in their names. They were entrusted with negotiating with foreign governments and banks to facilitate the recovery of Marcos assets abroad. And they took over the boards of these sequestered companies, many of which were milked with profligate travel allowances and unliquidated cash advances. These companies have gone bankrupt.

But the recovery process of the ill-gotten wealth was itself marred by anomalies and corruption. President Cory, who was a politician's wife but not one herself, was thoroughly unfamiliar with the arcana of governance and the pragmatism of political compromise, admitting that she was a "mere housewife" and solely concerned with restoring the democracy that was lost during the Marcos regime. Although President Cory was never personally corrupt, her naïveté allowed an environment where corrupt cronies and oligarchs proliferated, manipulated and soiled her saintly image.

She, therefore, relied on the advice of the members of the transitory disinherited elite, the class she was born into, and appointed many of them to sensitive positions in government. More tragically, she depended on the "Kamag-anak Inc." for guidance on how to govern and recover the Marcos loot. It is believed that much of this ill-gotten wealth was siphoned off to these people. She let loose the foxes on the chicken coop.

And there were questionable compromises and directives. Foremost of which is the return of assets of the pre-martial law elite families, resurrecting the old oligarchy. The Lopezes got back Meralco and ABS-CBN, the sale of Philippine Airlines to her nephews, and the return of the PLDT to the Cojuangco relatives. And a festering issue was a reported 38 sequestered companies of Kokoy Romualdez (Imelda's brother) worth billions allegedly sold to President Cory's brother-in-law Ricardo "Baby" Lopa for $250,000, days after Marcos fled the country (Seth Mydans, The New York Times, Oct. 17, 1988). In his defense, Lopa intimated that the Marcos family had seized the companies from him when Ferdinand came to power 20 years earlier. This could be true, but Cory, the paragon of morality, should have acted like Calpurnia, Cesar's wife — above reproach.

CARP, anti-feudal instrument

But the issue that impacted heavily on the populist image of President Cory was her flagship Comprehensive Agrarian Reform Program (CARP) that was meant to address our feudal land ownership. Cory was enamored with what South Korea, Taiwan and China did in the 1950s and 1960s to liberate the landless, particularly the farmers and the rural sector, from the shackles of poverty towards the path of economic development. The Philippine version of CARP was likewise fashioned to redistribute agricultural land to farmers and provide them with support services to ensure their productivity and welfare. This necessitated the breaking up of large estates, some of which dated back to the Spanish encomienda and were awarded to a multitude of small farmers, appropriately compensating the landowners.

In the 19th century, Japan's Meiji Restoration redistributed land from feudal lords to small farmers, which led to increased agricultural productivity, rural development, and the growth of a strong agricultural sector and eventual industrialization that even propelled Japan's economy to underpin a war and its "Greater East Asia Co-prosperity sphere."

These successes were in total contrast with the Philippine CARP implementation, which was disfigured by anomalies and corruption, hindering its effectiveness and leading to discontent among farmers. There were unreasonable delays in actual land distribution to the Agrarian Reform Beneficiaries (ARBs), bogged down by bureaucratic red tape and non-cooperation by the landowners themselves. The bureaucracy, government officials, the middlemen and the landowners colluded to manipulate land valuation.

CARP perversions

To hold on to their estates, owners sought exemptions from CARP rushing conversion of huge swaths of these productive agricultural lands to non-agricultural or commercial and residential purposes, precipitating an inordinate spike in real estate development, housing subdivisions and new town centers — displacing thousands of tenants and farmers, driving them to city slums looking for alternative work.

And those ARBs lucky enough to be new owners of plots suffer from a lack of government support services, unable to fully utilize the land they received due to a lack of necessary infrastructure, credit and technical assistance. This resulted in low productivity and limited economic benefits for the beneficiaries and their eventual destitution.

What is unconscionable was the introduction of the stock distribution option (SDO), an alternative to actual land distribution allowing landowners to incorporate their holdings and distribute shares of corporate stocks to agricultural workers instead of transferring actual land ownership to them. This scheme circumvented land redistribution and maintained landowner corporate control over agricultural resources. Farmers were coerced or deceived into accepting the SDO, leading to continued landlessness and exploitation.

In effect, this undermined the core principle of CARP of distributing land to the landless, emancipating them from the shackles of a feudal system that bred more poverty, deprivation and social injustice. SDO perpetuated the dominance of landowners over the agricultural sector.

The effect on the farmers and the body politic was instantaneous, sparking widespread protests and resistance from farmers' organizations and agrarian reform advocates, and the motley allies of Cory hammered out against the martial law regime that inspired the EDSA People Power Revolution of 1986.

This anomalous scheme, evasion of CARP on a grand scale exempting her family's Hacienda Luisita, had the full backing of President Cory. The erosion of the dreams and promises of EDSA and the betrayal of the Filipino perhaps started from this point on.

Looking back, Ferdinand and Cory were faces of the same coin, manipulated by the eventual beneficiary — the oligarchy.

Published in LML Polettiques

First of a series

WHILE still fresh in our memories, we review some of the great accounts of corruption in the country. These are cautionary tales for BBM, who is perceived to be taking his administration on a crusade to whitewash his father's deeds. I don't blame the son for undertaking this admirable filial duty. This partly explains why BBM has to constantly travel all over the world, brandishing another face of the Marcoses.

Perhaps he is out to repair Macoy's reputation abroad and reverse the iconic symbols of profligacy during the martial law years, among which is a wretched parody of an image imprinted globally — his mother's 3,000 pairs of shoes. But all these matters do not matter if the son revisits the corruption issues of his predecessors, from Cory to the Deegong, learns from them, and even — my fervent wish — pursues and rectifies these travesties. Even if BBM does nothing in the remaining four years of his presidency but resolves these corruption issues and punishes the miscreants, he will be on his way to becoming a great president.

This column begins a nostalgic but bizarre review of corruption, most of which were investigated and, for a time, caused their perpetrators their 15 minutes of fame and then either quashed, relegated to the back pages, forgotten, or eclipsed by subsequent scandals. The events are not sequenced in chronological order but organized as to their impact on our political culture, defining each post-Ferdinand E. Marcos administration.

PNoy and Corona

A case in point is the Chief Justice Renato Corona affair during President Noynoy Aquino's watch. To refresh our memories, toward the end of President Gloria Macapagal Arroyo's presidency, she appointed Corona as Supreme Court chief justice upon the retirement of Reynato Puno. This so-called midnight appointment was controversial as it came on May 12, 2010, shortly after President Aquino 3rd's election on May 10. Arroyo installed a close ally purportedly to protect her from possible corruption cases during her administration. President Aquino preferred another ally Maria Lourdes Sereno — who, in fact, was appointed to replace Corona but was later impeached herself during the next administration of President Duterte.

Bribery allegations

The ruling of the Corona-led Supreme Court that President Nonoy Aquino's family Hacienda Luisita (4,916 ha) was to be distributed to 6,000 farmer-beneficiaries and reversed the P5 billion payment to the Cojuangco clan to the original valuation of only P200 million, and making this resolution "final and executory," may have sealed Corona's fate. "It would be the height of irony if the Cojuangco family lost Hacienda Luisita when Noynoy Aquino became president." (Carmen Pedrosa, PDI, April 29, 2018.)

The Senate, acting as an impeachment court, found Corona guilty of culpable violation of the Constitution and betrayal of public trust. Based on trumped-up charges, he was removed from office, making him the first chief justice in Philippine history to be impeached and convicted.

But this is not the end of this sordid tale. One of the senator-judges, Sen. Jinggoy Estrada revealed in a curious privilege speech that discretionary funds to the tune of several billions were used to influence the proceedings against Corona, with President Noynoy openly pushing for his conviction. Jinggoy stated, "...after the conviction of the former chief justice, those who voted to convict were allotted an additional P50 million ... I maintain, however ... that I stand by my decision in my vote to convict the former chief justice and assure our people that I was never influenced by this incentive which came after the fact."

No serious investigation was made on the allegations of bribery, for who will investigate the powerful who hold the levers of power, backed by the presidency. There were 20 senators who voted to convict and three to acquit. The three were Joker Arroyo and Miriam Defensor-Santiago, now deceased, and the third was Sen. Ferdinand Marcos, Jr.

Of the 20 who voted Corona "guilty," eight are still sitting senators — the Cayetano siblings, Alan Peter and Pia; Escudero, Lapid, Legarda, Koko Pimentel, Revilla Jr. and Jinggoy Estrada — who spilled the beans on the alleged bribery. The other 12 are Angara (deceased), Drilon, Guingona 3rd, Honasan, Lacson, Osmeña 3rd, Pangilinan, Sotto 3rd, Trillanes 4th, Villar, Enrile and Recto.

DAP/PDAF scams

Three years after the Corona debauchery was practically swept under the rug, another scandal erupted. The scam involving the PDAF (Priority Development Assistance Fund), also known as the pork barrel, was a series of corruption scandals involving the misappropriation of government funds intended for development projects.

The main architect of the PDAF scam was a well-connected businesswoman, Janet Lim-Napoles, who set up fake nongovernmental organizations (NGOs) to siphon off public funds, which were allocated through the senators and congressmen's PDAF.

Some of the senators involved in the Corona impeachment and bribery fiasco were implicated in the PDAF scam: Enrile, Jinggoy Estrada and Bong Revilla. These honorable gentlemen were accused of channeling their PDAF allocations to Napoles' spurious NGOs in exchange for kickbacks. These three were later arrested, detained, and faced trial on plunder and graft charges.

Enrile was initially detained, but the Sandiganbayan allowed him in 2018 to post bail for humanitarian reasons. Enrile, who will be 100 years old next month, is currently the chief presidential legal counsel in BBM's government.

Senators Jinggoy Estrada and Bong Revilla were both arrested in 2014 and faced trial for plunder and graft charges but were released on bail after three years of detention. The Sandiganbayan acquitted both of the plunder charges but found them guilty of graft while sitting senators. Both were sentenced to a minimum of six years and a maximum of 10 years in prison, and both remain free on bail as they have filed appeals against their conviction.

These three plunder defendants who were up for reelection in 2019 were allowed to run for office as they were not administratively sanctioned by the Office of the Ombudsman, and the judgment of conviction on several graft cases was not final and executory. In the subsequent mid-term elections, Enrile lost, but Estrada and Revilla won and are currently sitting senators of the land.

The same fate has not befallen the other co-accused and those implicated in the scam, including Richard Cambe, the former chief of staff of Revilla; Jessica "Gigi" Reyes, former chief of staff of Enrile; and Janet Lim-Napoles, an ordinary influence peddler albeit a criminal genius but did not have the kind of status accorded the powerful. In July 2023, the Sandiganbayan found her guilty of graft and malversation of public funds in relation to the PDAF scam, sentencing her to a total of 70 years, five months, and 13 days in prison.

These dramatis personae of the two corruption issues, the Corona impeachment bribery case and the PDAF scams, are powerful people gifted by the Filipino electorate to these prestigious positions: exemplars of the nobility of public service. After cursory investigations and some convictions that may go nowhere, they took advantage of the massive publicity surrounding these scandals and parlayed this notoriety to propel them to greater heights in the political firmament. All these transgressions forgotten and perhaps even forgiven.

This, too, is a sad indictment of the Filipino electorate.

Published in LML Polettiques
MANILA – The move to amend the economic side of the constitution is garnering more support than changes on political provisions.

Senate Minority Leader Aquilino Pimentel III admitted, too, that "just a minority" of senators are supporting Charter change (Cha-cha).

"Just to be realistic and to be honest, with the feedback, although informal feedback that we have been getting, I believe that the effort to amend the economic provisions of the Constitution has bigger support than the effort to amend the political provisions of the Constitution," Pimentel said in an interview with CNN Philippines on Monday.

Pimentel reiterated he is open to constitutional review and changing the form of government to federalism but proposals should be clear.

"Those who are calling for the amendments must speak in specific terms. Hindi po pwedeng puro general lang (This cannot be just in general)," he said.

He is also aware that the House of Representatives cannot pursue with the charter review without the participation of the Senate.

“It is impossible,” he said.

Meanwhile, Senator Sonny Angara believes a review is needed for the “vintage” 1987 Constitution.

"You know, that's almost 40 years. The world has changed a lot from 1997. I think, economic boundaries have come down. The Speaker (Martin Romualdez), I think, had mentioned about economic provisions being reviewed. So, I think that's something worth reviewing because we need some flexibility in that area also," Angara said in a separate interview with ANC.

Romualdez previously said the House will start studying during the Christmas break how to pursue Cha-cha next year, focused on economic provisions to make it "more attuned, sensitive, and responsive to the times." (PNA) 
Published in News
MANILA – The move to amend the economic side of the constitution is garnering more support than changes on political provisions.

Senate Minority Leader Aquilino Pimentel III admitted, too, that "just a minority" of senators are supporting Charter change (Cha-cha).

"Just to be realistic and to be honest, with the feedback, although informal feedback that we have been getting, I believe that the effort to amend the economic provisions of the Constitution has bigger support than the effort to amend the political provisions of the Constitution," Pimentel said in an interview with CNN Philippines on Monday.

Pimentel reiterated he is open to constitutional review and changing the form of government to federalism but proposals should be clear.

"Those who are calling for the amendments must speak in specific terms. Hindi po pwedeng puro general lang (This cannot be just in general)," he said.

He is also aware that the House of Representatives cannot pursue with the charter review without the participation of the Senate.

“It is impossible,” he said.

Meanwhile, Senator Sonny Angara believes a review is needed for the “vintage” 1987 Constitution.

"You know, that's almost 40 years. The world has changed a lot from 1997. I think, economic boundaries have come down. The Speaker (Martin Romualdez), I think, had mentioned about economic provisions being reviewed. So, I think that's something worth reviewing because we need some flexibility in that area also," Angara said in a separate interview with ANC.

Romualdez previously said the House will start studying during the Christmas break how to pursue Cha-cha next year, focused on economic provisions to make it "more attuned, sensitive, and responsive to the times." (PNA) 
Published in News

AT the start of a new year, people are normally buoyant that things will get better, discarding the practices of the old with new year's resolutions that are soon discarded before the first month is out. My view is contrarian: 2024 is no better than 2023. It could get worse. Then, we shall also discard 2024 and hope for a better 2025. We enjoy deluding ourselves in the looming unknowns to escape the realities of sordid and unbearable knowns.

Wars

The world can't do without wars and conflicts. It is the nature of the beast revealed over the millennia fraught with immense human suffering, loss of life and long-lasting traumas. Conversely, they are the engines of growth and, in their aftermath, produce spurts of significant progress, as in the two world wars. Foremost of these are economic growth and industrialization as countries rebuild and modernize their economies. From the ashes of war, Germany, Japan and the Soviet Union rose, and America assumed the role of the first true hegemon of the modern century. America understood only too well the value of war and its aftereffects and thus invested heavily in defense industries and continued to mobilize resources for future war efforts, maintaining its reputation as a warmongering state. Technological advancement surged as dividends of war: radar, laser, nuclear energy, GPS and computers — the lifeblood and arteries of the modern world. And the internet!

The two post-world war periods saw medical advancements and techniques in saving lives: surgery, prosthetics, cloning, the discovery of antibiotics and penicillin, and improved methods for treating infectious diseases and vaccines, which helped 21st-century medicine understand and defeat Covid-19. Paradoxically, it is a double-edged sword as it added years to human lifespans, prolonging lives, wreaking havoc on the world's population, bringing to the fore the scary reality of a 'Malthusian catastrophe' — a disequilibrium between overpopulation against the Earth's capacity to feed itself.

Major wars also resulted in political restructuring and redrawing of national boundaries, with dominant nations gobbling up smaller ones, leading to the birth of new countries, alliances and changes in political systems. For a time, World War 2 resulted in a Cold War with America and the defunct Soviet Union (USSR) on opposite camps, advocating contradictory ideologies — democracy and liberal capitalism on one end and totalitarian-socialist-communism on the other and countless permutations in between — including the dreaded theocracy, government of priests, imams and rabbis deriving its authority from religion and the sanctity of their religious text — the Quran, Torah and the Bible. This convergence has reared its ugly head in the Middle East.

And more wars

However, we deny and close our eyes to the root cause of the Palestine and Middle East conflicts — religion, not a simple misinterpretation thereof but translating its faith-based perversions into political action. These faiths have long shrouded themselves with the cloak of geopolitics, and there seems to be no solution to these conflicts in the near term unless men of goodwill and, more importantly, moral leaders with secular predispositions take control of their governments and champion the human dignity of the adversaries.

But the foreseeable future belies these expectations. As we speak, Hezbollah, the Islamic "party of God" in Iran, is flexing its muscles and may enter the fray, sensing beleaguered Israel as weak and vulnerable even with America's sponsorship. Expect 2024 to witness an escalation with the West Bank and Lebanon in the northeast getting into the act. More killings. More blood.

Ukraine may be in its death throes as the Republicans in America awaiting the presidency of Donald Trump may no longer want to finance Ukraine. And NATO is drained out. With Ukraine abandoned by America, Putin resurrects his image in Eastern Europe, sowing renewed fear in the old Eastern alliance now within NATO's tentacles.

China's playing chicken with its daily jet sorties violating Taiwan's airspace and establishing its de facto nine-dash-line in the South China Seas, challenging the presence of America's formidable 7th fleet in what Xi Jinping considers as China's lake, is a disaster in the making.

All these could flare up anytime, escalating the current wars or even igniting new ones. But short of resulting in nuclear Armageddon, it is nothing comparable to what has been staring us in the face — the big elephant in the room.

Climate change-global warming

For the uninitiated, climate change will spell the end of the human species if not mitigated. The United Nations' definition of climate change: "refers to long-term shifts in temperatures and weather patterns. These shifts may be natural, but since the 1800s, human activities have been the main driver of climate change, primarily due to the burning of fossil fuels (like coal, oil and gas), which produces heat-trapping gases."

The United Nations Intergovernmental Panel on Climate Change (IPCC) has warned that the Earth's climate is unequivocally warming. Since the pre-industrial era, the global average temperature increased by 1.1 degrees Celsius. Unless mitigated, it is expected to continue increasing to a tipping point, the threshold beyond which the deterioration becomes irreversible, even if, by that time, the factors causing this temperature increase are eliminated.

Scientists disagree on the exact tipping point. But this is irrelevant, academic and stupid. The imperatives are putting in effect the Paris Agreement protocols to veer away from the tipping point. This international treaty on climate change adopted in 2015 covers climate mitigation, adaptation, and finance. Agreed to by almost 200 countries, its basic aim is "to strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius."

The overall strategy is to reduce greenhouse gas emissions. Some of the key stipulations include shifting away from fossil fuels and switching to renewable energy (solar, wind); promoting energy-efficient practices, technologies and infrastructures reducing energy consumption; and using electric vehicles and improving public transportation.

Protect and conserve existing forests, undertaking large-scale reforestation, effectively capturing and storing carbon dioxide to offset emissions. Implement sustainable farming practices, reducing deforestation for agriculture and encouraging regenerative land management techniques. And to incentivize businesses, particularly in the developed world, to implement policies like carbon pricing and cap-and-trade systems.

Where we are at

Now, the reality is that the Paris Agreement requires monitoring and reporting of carbon and greenhouse gas emissions, but it does not have the ability to force a country to reduce emissions. The law-making system of each country has preponderance over the decisions made according to the Paris Agreement. Even peer pressure and soft power are lame instruments for coercive sanctions.

The biggest transgressors currently responsible for the most emissions are the world's two biggest economies, China and America. In June 2017, President Trump withdrew from the Paris Agreement. And China abandons its commitments.

Planet Earth is currently not on track to stay below the goals of the Paris Agreement. And scientists with tongue-in-cheek declare that we are on track to the sixth mass extinction in the Earth's geological history.

Published in LML Polettiques
Wednesday, 03 January 2024 09:16

An agonizing start for 2024

THE Abrahamic religions have different perspectives and treatment of Christmas. For Christians, a big thing as they commemorate the birth of Jesus Christ. It was first celebrated circa the 4th century on December 25, the date of his birth traditionally attributed to Pope Julius 1st. The Eastern Orthodox using the Julian calendar for their liturgical year celebrates January 7, corresponding later to the Gregorian calendar.

Judaism does not celebrate Christmas although coinciding with the season is Hanukkah, a minor festival that reaffirms their faith commemorating the re-dedication of the Second Temple of Jerusalem. This is an eight-day festival celebrated from December 7 to 15 by lighting candles for each day of the festival.

Islam does not recognize Christmas, as Isa is just a minor prophet not central to their faith. But Islam and Judaism respect the Christians for this festive season and oftentimes participate in non-religious events — parties and gift-giving.

But during this season of festivities, toward the end of the old year, it is traditional and conventional for civilized people to wish everyone "a prosperous incoming year," however untraditional and uncivilized the world behaved the past year and will continue to conduct itself in the coming months.

Blood will continue to flow

The Ukraine-Russian war has now gone 678 days. UN statistics reveal that in this war, Russian fatalities have reached approximately 120,000-360,000, and 30,000-70,000 Ukraine military personnel. Add to this is approximately 10,000 civilians killed.

CNN reports that to date, "...87 percent of the total number of active-duty ground troops Russia had prior to launching its invasion of Ukraine has been lost, 315,000 battlefield fatalities of the original 360,000; and two-thirds of its pre-invasion tanks, a source familiar with a declassified US intelligence assessment provided to Congress told CNN." (Katie Bo Lillis, CNN, Dec. 13, 2023)

The first few months of 2022 was a disaster for Russia. But the much hyped Ukrainian counteroffensive, egged on by US/NATO, faltered through the fall, and Ukraine is not expected to make any major sorties over the coming months — bringing the war to the current stalemate.

And the statistics now tell a different story and project a different conclusion. Ukraine will lose! Russia has a population of 145 million against Ukraine's 40 million. Some 300,000 Russians were mobilized in 2022, raising another 425,000 in 2023. Although well-trained and better-equipped, Ukraine can't match the Russians on battlefield loss replacement. And Russia's frontline soldiers have began to learn to fight.

Aside from the advantage of manpower, Russia has the industrial base to support a war of attrition — which currently is turning into one. This has allowed Russia to produce huge amounts of armaments for a conventional warfare — tanks, aircraft, helicopters and, more importantly, artillery tubes and shells.

Ukraine doesn't have the industrial base needed to underpin a war of attrition. Ukraine depends on NATO, particularly the US. And these countries, whose blood aren't spilled in this war, are tired and drained out. Ukraine President Zelenskyy recently traveled to Washington begging for aid. But Republicans have been less than enthusiastic in putting good money after bad. Without the military and economic aid vital to Ukraine's ability to fight, it's a cooked goose.

Russia understood this only too well. After the failed Ukraine counteroffensive, a deadlock will exhaust a US/NATO resolved to pursue this war. The current status is that Russia controls roughly 20 percent of Ukraine with its hold on the southwestern Oblasts of the Donbass region. It may annex another four Oblasts before a ceasefire is declared.

A ceasefire will have to be declared, but this will merely be like the frozen conflict similar to the 38th parallel armistice in the Korean peninsula. Russia, the victor, need not occupy the whole of Ukraine but will reduce this into a crippled dysfunctional state, keeping its economy wrecked until a friendly government is installed.

And America, its main sponsor, will be mired in the Ukraine muck.

Israel-Hamas war

This conflict has gone on for 88 days and counting. Like in Ukraine, America, Israel's main sponsor, will sink deeper in the mud. America, which is joined at the hip with Israel, can't extricate herself. It's the tail wagging the dog. The two-state solution fashioned to enable the protagonists, the Jews and the Palestinians, to live side by side is now dead. What Israel is gunning for is the creation of a Greater Israel, which includes Gaza plus the Golan Heights seized from Syria, the Jordanian West Bank plus East Jerusalem, all annexed after the 1967 Arab-Israeli war.

The problem with this Greater Israel scenario is that Gaza, the largest open-air prison in Palestine, with 2.1 million population, 3 million Palestinians in the West Bank, and 2.2 million within Israel itself roughly equal Israel's 7.3 million Jewish population. With the birth rate and demographic trends favoring the Palestinians, Israel would very well soon cease to be a Jewish state. What will in fact exist is an apartheid state.

And apartheid Greater Israel is a formula for disaster. A hotbed for a series of uprisings similar to the first Intifada of December 1987-September 1993 that ended with signing of the first Oslo Accords. And the second Intifada that began in September 2000 to late 2005.

Israel is also facing an internal political reality that may exacerbate the conflict. The political center of gravity in Israel has moved far to the right with the Ultra-Orthodox demographics giving them much more influence in the coming years. The ultra-right which rejected Zionism, some of whom don't recognize the State of Israel itself don't serve in the Israel Defense Forces (IDF). The right and the Zionists originally intensified expropriation and settlement of occupied territories, expelling the Palestinians, and were the causes of the intifadas and conflicts. They have rejected and will continue to reject the two-state solution. (Excerpts from John Mearsheimer's Israel-Hamas ... presentation to the Center for Independent Study, Brisbane, Australia, CIS, Oct 30,2023.)

In an article, Husam Zomlot, Palestinian ambassador to the UK (Guardian, Dec. 9, 2023), minced no words accusing Israel of carrying out mass murder in Gaza while the world is watching this Christmas. He wrote:

"Today, as the world watches Israel's mass murder in Gaza, the wholesale destruction of entire areas, towns and cities, the mass displacement of nearly 2 million people, the global rules-based order has never looked more impotent or imperiled. In less than two months, the Israeli bombardment of Gaza has, according to Save the Children, killed more children than the number of children killed in global conflict zones every year since 2019..."

Wikipedia (Dec. 22, 2023) shows 22,000 people killed and 55,000 wounded, including 68 journalists, on both sides and 135 UNRWA aid workers. The Gaza health ministry reports 21,411 Palestinians (including 6,150-8,000 children) have been killed, 36,000 injured, and 7,000 missing, totaling over 58,000 casualties since the war began. An Israeli official said that about 5,000 militants had been killed by the beginning of December 2023.

On the other hand, Hamas killed 1,200 people in the October 7 attack on Israel and taken 240 hostages. Whatever the statistic say, blood still flows!

A prosperous new year, indeed!
Published in LML Polettiques
THE year ends as expected on a sordid note and continuing tragedies. The Ukraine war, now in a stalemate, may go the way of Putin. But the killing continues. In Palestine, Israel has introduced a new phase in this conflict — the starvation of the people of Gaza as an instrument of war. And the killing continues. It benefits Hamas. They are winning the global hearts and minds hiding behind the wretched citizens of Gaza, in plain sight — the sacrificial lambs in the altar of geopolitics — underpinned by religious beliefs.

And in Southeast Asia, there will be no war this year, although the two great powers are still on a collision course over Taiwan and the ultimate prize is who among the hegemons has the bigger balls. America will not invade Taiwan. This is to China's advantage. It can bide its time as the Chinese are wont to look at things from generational perspectives. China has existed for a thousand years. It can wait another decade until it reaches parity with America and then supersedes it.

And where goes the Philippines, with BBM's arrogance on "not surrendering an inch of our territory." No, Boy! China will not take an inch. It has already taken chunks off our heritage, hectares of what we claim our own but can't keep. We can wither in the vine — and China will let us. And our sponsor, America, can't do anything! We are on our own. Let's negotiate!

God is under the gun

I close a year of column-writing with my series of hypotheses on man-made God and religion that disturb the equanimity of adherents and cynics. But locally, it's a different story. Pastor Apollo Quiboloy, God's appointed son, is in trouble. The National Telecommunications Commission (NTC) recently imposed a 30-day suspension against Sonshine Media Network International (SMNI) for violating its legislative franchise. It is not even the executive branch, from whence the NTC is lodged, but the House of Representatives that called for its revocation. Quoting The Manila Times report: "...Rep. Francisca "France" Castro said SMNI is a threat to press freedom because it advocates violence, disinformation and intolerance.

"We hope that the measures for accountability of SMNI, its hosts, executives and owners, including Pastor Quiboloy himself, will continue because they have abused the network as an anti-people tool and mouthpiece of the Dutertes and the NTF-Elcac (National Task Force to End Local Communist Armed Conflict)." (The Manila Times, Dec. 22, 2023)

On top of this, the Movie and Television Review and Classification Board (MTRCB) suspended two SMNI shows, "Laban Para sa Bayan" and Duterte's show, "Gikan sa Masa, Para Sa Masa." SMNI said it is appealing the decision as a "brazen attack" on the freedom of the press.

Press freedom, my eye! This is a vulgar display of presidential politics. In some oblique way, this signals House Speaker Martin Romualdez throwing his hat into the presidential ring against the daughter of the Deegong, still popular among the masses, while Sara loses clout, influence, and power as vice president and education secretary. The House that holds the power of the purse has just defanged Sara with the acquiescence of

Romualdez's Senate allies by stripping her of confidential and intelligence funds (CIF) — a metaphor for this corruption-ridden source of campaign logistics.

What is perhaps more glaring is the attempt to castrate the powerful Davao-based SMNI media conglomerate, which has been an ally of the Dutertes on their journey toward national politics. This is the arm of the Kingdom of Jesus Christ (KJC) broadcast media owned by the televangelist Pastor Apollo Quiboloy. It's a religious money machine competing with the traditional Catholic Church. Its broadcasting tentacles have reached nationwide through cable, satellite and online streaming worldwide. Its network of radio stations is a formidable message delivery system reaching barrios all over. With the appointed son of God indicted in the US for sex trafficking of children, fraud and rape, SMNI is vulnerable. And in presidential politics, dirt is shoveled both ways.

Billionaire House speaker

It may be noted that the billionaire Ferdinand Martin Romualdez, a Marcos cousin and ally, may be ramping up for a political confrontasi. In June of this year, Nikkei Asia (by Cliff Venzon, June 8, 2023) reported that a little-known privately held company of the Romualdez family, RYM Business Management, has been eyeing the media sector, too. Prime Media Holdings, a subsidiary of RYM, and ABS-CBN announced the formation of a joint venture to produce news and entertainment shows for distribution on radio and cable broadcast platforms.

Both "Romualdez and his wife, Yedda Marie, were among the 70 Duterte-allied lawmakers who voted to reject ABS-CBN's bid to renew its 25-year broadcasting license ... in 2020," Nikkei said.

On top of this, RYM has been securing deals in the banking and construction sectors that stand to benefit from the Marcos Jr. administration's massive 194 NEDA-approved flagship infrastructure projects amounting to $145.4 billion (P8.17 trillion) for the years 2024-2028.

In April, RYM arranged for a 20 percent stake in EEI, a publicly listed construction company engaged in government-endorsed infrastructure projects from the House of Investments of the Yuchengcos.

RYM has also infused P1.8 billion capital in the Philippine Veterans Bank (PVB), a government depository bank owned by World War 2 veterans and their heirs. The bank charter was later amended in 2021 to expand the shareholder base beyond the original shareholders — sons and daughters of World War 2 veterans. Former finance secretary Roberto de Ocampo, president of PVB, described RYM absurdly as "...an entity with sons and daughters of World War II as members...." The lawmakers proposing the amendment include the Romualdez couple.

RYM's latest regulatory filing does not show any seat held by the couple, but their son sits on mining company boards, Benguet Mining and Marcventures Holdings, where RYM holds stakes.

Conflict of interest

Melinda Quintos-de Jesus, executive director at the Manila-based Center for Media Freedom and Responsibility, minced no words on the move of Prime Media and ABS-CBN, saying that "this deal sharpens the capture of the media ... and the business landscape by the ruling political elite..." adding that "...this joining of forces with a presidential relative and ally is simply not a good sign of the flourishing of independent and critical media.".

De Jesus was just being kind. In my book, this is a possible conflict of interest when an individual, much less an elected and powerful official of government, has competing interests or loyalties that could potentially compromise their impartiality, objectivity, or duty to act in the best interest of the country. These are public servants allowing their companies to enter into lucrative contracts with government, with the most powerful position in Congress making decisions and setting agendas on legislative issues that may impact the companies they own.

What is not clear at this point is if this is an all-out confrontation between the Marcoses and the Dutertes — a fight between political dynasties. Currently, the President's sister Imee is clearly in the camp of Sara.

But for the poor Filipino voters, if you have not learned your lesson, fie on you!
Published in LML Polettiques
Thursday, 21 December 2023 03:41

Our own pivot to China

FROM the start of his regime, I have not written about how BBM runs government. Instead, I wrote several columns on foreign affairs and genocides in Ukraine and Palestine, a much more compelling take. Consequently, I started a series on religion as the root cause of these conflicts and segued into debunking religious myths and narratives. I suspend these series upon the insistence of my Catholic family and friends to allow them to celebrate Christmas in a fashion that the three Abrahamic religions traditionally do, except that Christianity has so commercialized the season — the birth of a messiah. I also shied away from writing about the West Philippine Seas and the heightened tension there. But for the recent screaming headlines about China's using water cannons and laser beams against our fisherfolks, Chinese coast guard vessels preventing resupply to our pathetic outpost in the Ayungin Shoal, the derelict BRP Sierra Madre, BBM's inability to at least do something, or anything against this bullying; and topping his otherwise remarkable speech at the Asia Pacific Center for Security Studies in Hawaii with distorted narratives; I needed to wade into the fray and get some facts straight.

West Philippine Sea (WPS)

This Philippine debacle started during PNoy's presidency. This tragedy has been recounted time and again ad nauseam by a colleague at the TMT, reminding us of the transgressions of the Aquino family, the debauchery of the "yellow army," along with the righteousness of the Chinese communist causes, and the wickedness of the American system of governance.

So, if we may direct BBM's government to review the facts, he may fashion a foreign policy that could extricate the country from this mess and perhaps elevate the country among the developed economies in Southeast Asia for the remainder of his term.

But first, a recitation of facts on the WPS from the voluminous published research by the above TMT colleague, who I agree with most of the time, were it not for his inelegant ad hominems. These timelines are augmented from the easily accessible Google.

Timelines

April 8, 2012: A standoff began when a Philippine Navy vessel tried to arrest Chinese fishermen for illegal fishing within Panatag Shoal (Bajo de Masinloc). Chinese Maritime vessels came to their rescue, aborting the arrest. The next day, PNoy ordered a Philippine warship, the BRP Gregorio del Pilar, to confront the Chinese. Big mistake! This allowed China to capture the high ground, portraying the Philippines as the aggressor — militarizing the confrontation.

April 10 – May 31: In the ensuing days, the Philippine government sought US intervention, invoking the 1950 US-Philippine Mutual Defense Treaty (MDT). The US refused as there was no cause. Here, the events were entangled with the US and Philippine governments playing the game of "he said, she said," exacerbated by a shady Philippine senator authorized by PNoy for a backdoor channel to China's similarly shady characters. A resolution was purportedly arrived at for a simultaneous withdrawal of Chinese and Philippine vessels from Panatag — saving face for all parties. PNoy was further assured by Foreign Secretary Albert del Rosario that US negotiators got the Chinese to agree on a simultaneous withdrawal.

June 15, 2012: The Philippines withdrew its vessels from Panatag Shoal. The Chinese did not. China now controls Scarborough (Panatag), establishing de facto sovereignty.

Jan. 22, 2013: The US government persuaded PNoy to file a case against China with the Permanent Court of Arbitration (PCA) at The Hague, challenging China's territorial claims in the South China Sea.

June 30, 2016: President Rodrigo Duterte assumed the Philippine presidency, and those party to the WPS debacle, PNoy and del Rosario, were out of jobs, washing their hands of this dastardly act.

Arbitral ruling

July 12, 2016: The arbitral tribunal at The Hague issues its ruling in favor of the Philippines, invalidating China's "nine-dash line" claim and affirming the Philippines' rights in its EEZ. It recognized that the Philippines has sovereign rights to exploit the resources in these areas.

The ruling also declares that China's activities at Panatag (interfering with Philippine fishing activities) violated these rights. And China's claims based on historic rights were inconsistent with the United Nations Convention on the Law of the Sea (Unclos).

On the other hand, none of the features in the Spratly Islands are capable of generating an exclusive economic zone (EEZ), and none of these are islands under Unclos, meaning human habitation or economic life of their own cannot be sustained. But more importantly, on maritime entitlements, the tribunal determined that certain areas in the South China Sea, including Scarborough Shoal and certain parts of the Spratly Islands, fall within the Philippines' EEZ.

China never did participate in the arbitration process, rejecting the ruling as "nothing more than a piece of useless paper." It was universally understood too that the ruling is unenforceable.

Duterte govt (2016-2022)

Duterte from the very start of his regime showed preferential treatment for China, veering away from America. He didn't want to rub China's nose in the arbitral ruling award and promptly paid obeisance to Beijing with his famous "I love Xi Jinping" on one of his visits to Beijing. And the country was amply rewarded with baskets of goodies. Acknowledging the arbitral ruling, he never used this as a negotiating instrument with China, except for his braggadocio of a statement that Philippine sovereignty over the WPS was non-negotiable but with a limp addendum: "China has the big guns — I don't have. I can't let my soldiers die," signaling his helplessness — incapable of looking for alternatives. And the bullying continued to the present regime.

Marcos govt — the proposal (2022...)

More than a hundred diplomatic protests filed against China fell on deaf ears. Inane Senate resolutions elevating these problems to the UN General Assembly were passed. And always, the demand for budget increases — the traditional source of corruption — to bolster Philippine defense capabilities. All are off-tangent to the realities vis-à-vis China.

China is the rising hegemon in the East, and in this multipolar world, we are the ants amidst the dancing elephants. China has demonstrated time and again that it can ignore with impunity the diminishing importance of dispute resolution and America's cherished ideals of the rule of law. China will not make the mistake of creating an excuse for America to intervene on our behalf under the 1950 MDT agreement. And America will not go to war over pieces of real estate in the WPS. What if China, our biggest economic partner in the East, decides to take over Ayungin Shoal by attrition? So, what now?

The best course of action before this happens is for BBM to put the arbitral ruling in our back pockets and go mano-a-mano on a charm offensive with China, which China has been doing with other countries in the SCS. Look at Vietnam, now similarly situated with its own claims to the Paracels. Start a dialogue and negotiate. Vietnam's FDI from China has gone through the roof compared to the Philippines. BBM's enemies would consider this a surrender. So, what?! Let's fight another day.

Start a bilateral dialogue with Xi Jinping.
Published in LML Polettiques
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