SALN – Who is the Honest Filer?

First of all, who are required to file a sworn Statement of Assets, Liabilities and Net Worth [SALN]?

Section 17 of Article XI of the 1987 Constitution states:

“Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. ”

This obligation of a public officer or employee was also included in the provisions of RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees under Section 8, which states:

“Section 8. Statements and Disclosure. – Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

1. Statements of Assets and Liabilities and Financial Disclosure. – All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.”

The question now arises as to what value to use in determining the “net worth” of the filer? Although the SALN form provides a column for “acquisition cost” some filers do not use this column in determining their net worth.

This leads us to ask how do government determine the value of our real properties?

As far as the government is concerned, the values of our real estate assets are the values indicated in the Tax Declaration [TD] as assessed by the Assessors’ office. These are the values the government used as the amount of just compensation whenever it expropriates our real properties.

So as far as the government is concerned the net worth of a person should be the difference between the government assessed value of his/her asset and liabilities.

We all know that the value of land appreciates in time, this is the reason why the Assessors’ office revised the value of our land every three [3] years to conform to the increase of the current value of the time. So the property tax we pay increases in time.

If a SALN filer uses the acquisition cost of his/her real properties, it will remain the same over time, which when used in determining the net worth will not result to the current net worth of the filer because his/her land already appreciates in value while he/she still used the old value.

If a SALN filer uses the government assessed value of his/her land in determining the net worth of the filer, his/her net worth reflects the logical true value in current time. And this is the logic behind the used of assessed value in determining the current net worth of a filer and why it is a generally accepted practice among filers of SALN.

Take HLI as a case in point, its acquisition cost is 5M pesos, based on 1986 assessed value is around 102M pesos and in 2006 assessed value is 10B pesos. If the owner of this land is a government employee and he/she used the 5M pesos acquisition cost every time he/she files SALN does his/her SALN reflects his/her true net worth?

Based on these, who is more credible filer of SALN, the one who used the acquisition cost that remains the same over a period time or the one who used the assessed value that increases over a period time as determined by the government?

Immature And OJT President – Product of a Defective 1987 Constitution

Slowly, we are realizing the defects of the 1987 Constitution, a constitution that is institutionalizing “mob rule” borne out of the “civil disobedience” of the metro manila lynching mob.

Proof is the ongoing impeachment trial of CJ Corona; it reveals an immature politician acting as OJT president the product of the political system under the 1987 Constitution.

The unfolding issues in the trial by publicity in the court of public of the impeachment proceeding reveals the style and mindset of the people of the present administration from the president and his allies in Congress and Senate.

What kind of a Chief Executive Officer do we have, acting and deciding on matters without considering all issues surrounding the matter at hand?

Is this the kind of leader who is supposed to lead our country towards economic growth and political maturity? His recent pronouncements tell us, it is enough to render a guilty verdict of a person by considering only one side of the argument/evidence.

Is this the decision maker we entrusted our country, giving judgment and decision based on incomplete information? A seasoned leader would evaluate evidences of both sides before passing a verdict and/or making a decision.

But because of his immaturity, here is an executive officer telling the people “this guy is ought to be hung” without giving the guy his chance to present his evidence proving otherwise. Because of his vengeful mindset, he forgets that as president of a nation there are more pressing economic issues he has to address besides the impeachment of his opposition.

I pity our country for having this kind of president who is supposed to redeem and raise-up the Philippines from the quagmire of economic stagnation and make us at par with our Asian neighbors. I just can’t imagine him deciding on important economic matters based on a limited information and/or data!

It would be a wonder if even a small start-up entrepreneurial company will hire this man as a manager but because of the 1987 Constitution, we are stuck with an immature politician as an OJT president of the country!

His immaturity makes us wonder how he could formulate long term plans for the economic growth and political maturity of the country addressing the following concerns:

1. Reforming an over-prescriptive  and defective constitution;
2. Creating a business environment that can employ millions of talented Filipinos forced to find gainful employment abroad;
3. Breaking up business cartel, specifically in the oil industry;
4. Delivering workable land reform;
5. Stimulating the economy;
6. Alleviating widespread poverty; and
7. Ending the Moslem and communist insurgencies, but don’t sleep with the enemy when you do it;

With this kind of leadership, where do we expect our country to go? Can this administration make us economically at par with our Asian neighbors?

The Absence of Justice In An Impeachment Court Composed of Senator-Judges: One of the Defects of the 1987 Constitution

The ongoing impeachment trial of CJ Corona borders on being a television legal mini-series and could be considered as a prime time entertainment show, purely for the enjoyment of the viewing public where every players, defense, prosecutors, and senator-judges shows their knowledge and/or versatility in court proceedings and interpretation of the law.

But will the rule of law prevails in this proceeding?

For instance, it’s so nice to see the grandstand performance of the senator-judges in their role as inquisitors, hiding their style of fishing expedition in the guise of finding the “truth” and in the name of “justice.” And whenever they embarked on a fishing expedition, they show that as senator-judges, they lord it over the issue at hand regardless of what the law says, the message they sent is something to be afraid of.

Notably, the battle cry of this impeachment trial by both the congressman-prosecutors and senator-judges is let the “truth” comes out so “justice” will prevail.

But then, is there “justice” in using illegally acquired evidence? Is there “justice” when nobody can object to what the senator-judges is saying and/or doing except his/her co-senator-judges?

More so, will the defendant get justice even if the “truth” of his innocence comes out in this impeachment proceeding that is being simultaneously tried by media in the court of public opinion?

Along this line of thought, we have to ask, who are the judges in this trial?

They are the senators who get their mandate from the electorate. How many among the senators, now sitting as judges, will run again in the coming 2013 election? And even if they will not run in the 2013 election, they still have to face the electorate, one way or the other. Simply put, these senator-judges owe their position from the people!

With this given fact facing the senator-judges and with their constant pronouncements that they represent the people, what will guide them when they cast their votes at the end of the impeachment trial? Will they base their judgment on the rule of law, that is, based on evidences? Or will they be biased in favor of the public opinion that has been created by the media trial?

And with their mindset focused on the premise that they are the voice of the people and personally, as politicians who have vested interest in the power given them by the electorate, it is very difficult to believe that they will uphold the rule of law come judgment day at the end of the impeachment trial.

Clearly, senator-judges cannot be impartial in their judgment of the case. They cannot ignore the public perception and/or opinion. Their being a senator depends on the electorate.

This is the dilemma of CJ Corona, or for that matter any official facing impeachment under the 1987 Constitution, at the end of the day impeachment will be based on the public opinion regardless of what the evidences show

In this case, CJ Corona must sway the public opinion in his favor. But can he match the demolition job of the administration fed in the media for the trial by publicity?

Let us not be too naive, to ignore the truth that this impeachment is a test case between CJ Corona and President Aquino. And this is the reason why this impeachment has the full backing of the present administration.

The propaganda machinery and financial resources of the present administration are being used in this impeachment trial. It cannot be ignored that the propaganda machine of the administration is being used to the hilt for the demolition job against CJ Corona to condition the minds of the people that he is not fit to be the Chief Justice of the Supreme Court.

To this end, the allies of the administration, the 188 congressmen were given the marching order to nail down CJ Corona. And like obedient soldiers, loyal to their superior, these 188 congressmen blindly signed a defectively drafted Articles of Impeachment, which the administration’s senator-judges are fervently trying to prove.

Nevertheless, if by a certain stroke of miracle, CJ Corona is acquitted contrary to the public opinion as fed by the present administration through the media it is a certainty that mob rule will show its ugly head.

At the end of the day, when this impeachment trial is over, we shall come to realize that an impeachment under the 1987 Constitution will:

• Show what kind of Congressmen and Senators we have;
• Jeopardize the banking industry; and in effect
• Adversely affect our economy;
• Cause division among the people;
• Make public opinion prevails over the rule of law;
• Force the senator-judges to use public opinion when they vote; hence
• There is no “justice” in the impeachment under the 1987 Constitution.

Finally, the crucial question we have to ask ourselves is, up until when are we going to use the 1987 Constitution, in spite of its glaring defects in giving us grandstanding politicians who only care for their personal vested interest, a constitution institutionalizing mob rule instead of the rule of law, a constitution sowing disunity instead of uniting the people, and drowning us in the quagmire of economic stagnation and political immaturity, making the Philippines the sick man of Asia?

Impeachment Proceeding: One of the Weaknesses of the 1987 Constitution.

Does Not Fit Our Needs

The ongoing Impeachment proceeding of CJ Corona shows the weaknesses of the 1987 Constitution, that even President Aquino III acknowledged in his speech at Camarines, in 22Feb11, where he said, “After 25 years, was there change? Unfortunately, nothing really changed — corruption is still rampant and the result, the needs of the people were left unattended…”

This Constitution was framed as a result of mob rule, when the mob of Metro Manila ruled it over the rest of the country in determining who our leader should be.

The same Constitution that creates the Executive, Judiciary and Legislative branches of our government  that interpret it in three different ways to serve their own vested interest and not for the welfare of the people and the country. Their views and interpretations result into constitutional crisis.

Divisive

From the beginning, we have seen, how it allows the enemy of the state to get money from the government to use in the pursuit of their political agenda of overthrowing the government. It’s the reason why the government of PCA was never at peace with the military. And her administration was besieged by several coup attempts.

The 1987 Constitution allows public opinion and mob rule to run the affairs of the country. We have seen it in the impeachment of former President Estrada. And it is very evident now in the present impeachment drama of the Chief Justice. So sad, that the will of the Metro Manila mob determines what kind and who our president should be.

The 1987 Constitution divide us instead of bringing us closer to each other. It introduces multi party system. How many political parties are there pulling us apart into different directions. It brings out political personalities working their way in pursuit of their own vested political agenda and not for the needs of the country. It allows a President of minority rule our country, whose personality prevails over ability. This makes us wallow in the quagmire of economic stagnation and political instability.

Case Scenario in a Unicameral Legislative Setting

Consider this, a strong two-party system will emerge, where each member is bound to work for what the party stands for and not for their own vested personal interest.  And the people will learn to choose a candidate based on what he stands for and not because of his popularity or because of his mother and/or father. When we finally choose candidates based on their vision and mission for the country with a spelled out program on how he/she will do it, it will set us in motion toward political maturity.

In a unicameral legislative chamber our leader is the best among the bests chosen by his peer.  A leader of the majority who could unite opposing groups in the chamber to move into a common direction in policy formulation and implementation towards economic growth.

Impeachment is confined within a single chamber where the articles of impeachment or motion of “no confidence” are voted upon. It is within the confine of the chamber where the fate of an impeached person is decided and not in the pages of newspapers that create a bandwagon effect feeding hatred to the public opinion.

Finally

We have been using this constitution for more than 25 years, instead of propelling us into economic growth and political stability it makes us the sick man of South East Asia.

We owe it to our children and grandchildren, to make their future economy and politics be at par or even above that of our Asian neighbors. A Greek proverb says: “A society grows great when old men plant trees whose shade they know they shall never sit it!”

For our children and grandchildren to enjoy economic prosperity and political stability, let us make it happen now! Change our constitution to a more responsive one that fits our needs. Let us have a Unicameral Legislative System of governance.

Why the “Lefts” In Congress Signed the Impeachment Against CJ Corona

“Bayan, whose associates in many front organizations of the Left have been P-Noy’s most unrelenting critics, supported the Corona impeachment.”

“The Bayan congressmen signed the impeachment complaint. One Bayan congressman, a very able lawyer — Neri Colmenares, was nominated to be one of the prosecutors in the Senate impeachment trial. There is no way P-Noy or his allies in Congress could coerce Bayan congressmen to sign the impeachment complaint.”

This is how opinion makers work; to support their side, they want us to believe that the “left” in congress signed the impeachment against CJC in pursuit of justice.

Nevertheless, the knowledgeable read between the lines, the gullible swallows it “hook, line, and sinker.”

But really, what are the motives of the “left” in joining the bandwagon in impeaching CJC? I honestly believe these “Bayan” representatives did it NOT in pursuit of justice for our benefits. Rather it’s in line with their pursuit to overthrow our government.

However, the media, through its opinion makers, would like us to believe that the “left” is doing it for JUSTICE and for our economic growth and political stability.  Media is painting us a picture glorifying the “lefts” as one of the saviors in bringing out justice to our country.

I wonder where media, specifically these opinion makers, would be if ever the “left” takes over our country. A system of government where press freedom is a dream.

Communist doctrines show us that the “left” thrives when there is chaos and disunity. And this is what they are trying to do, foment unrest. Ride with the emotion of the people and instigate mob unrest. The sad part of it is that our system of government allows and helps the “left” to pursue their objective in overthrowing our government.

This is the weakness of the 1987 Constitution.

So sad, our system of government takes money from us [taxes] then gives it to the “left” [as CDF] who in turn uses the money to support their movements in overthrowing our government. This is what the 1987 Constitution brings to our country, allows the “left” to maintain their forces and organizations in overthrowing our government.

There is saying that “too many cooks spoil the broth.” And this is what’s happening in adopting Bicameral Legislative System of governance, added to this is the adoption of the “Party List System.”

This is one of the reasons why we could not achieve unity, economic growth and political stability everyone is going in different directions pursuing only their own vested interests. And in this kind of situation where, chaos, unrest and disunity prevail the country becomes a very fertile ground for communism.

And this is why the “lefts” in Congress join the bandwagon in the perceived fight for justice between the Executive and Judicial Branch of our government. To stoke the fire of havoc.

Let us view the emerging scenario objectively in different point of views to see that,  NOW IS THE TIME TO CHANGE…!

Minority President

Before the last presidential election I asked this:

Aquino, Estrada, Gordon, Teodoro, Villanueva, Villar, if one of them became the president he will be the president of the more or less only 20% of the voting population. How about the remaining 80% who did not vote for him?

Are we going to allow to be ruled by the president of the minority? And if he is the president of the minority, how does he expect to implement his programs/plans of governance?

All of them promise to fight/eradicate corruption;

• ergo our GOVERNMENT is CORRUPT!

All of them promise to fight/eradicate poverty;

• ergo our PEOPLE are POOR!

All of them promise economic growth;

• ergo our ECONOMY is STAGNANT!

Nice promises, but not of them give us how he will make good his promises. How he will eradicate corruption, and poverty? What are his plans for economic growth?

Not one of them laid out the plans/steps to achieve his promised goals!

Why? Because for each of his promise, he would need a law to implement his program of government!  And if he is the president of the minority, how does he expect to push for the enactment of a law in a house/senate ruled by his opposing legislators? A house and a senate where every member has his own vested interest and/or agenda of power!

So what will happen to our country during his term? NOTHING!

And it would be another six (6) years of agonizing corruption, poverty, and economic stagnation!

This is the weakness of a presidential form of government where multi-party system exists!

And come to think of it,

• WE ENVIED OUR ASIAN NEIGHBORS AND ALWAYS LOOK AT THEM AS MODELS OF ECONOMIC GROWTH AND DISCIPLINE.

But did anyone of us ever think that, our Asian neighbors like, Singapore, Japan, Malaysia, Thailand, and South Korea, has a parliamentary form of government!

A form of government where a strong two-party system exist; where the people vote for a party (NOT PERSONALITY!) with progressive platform of government; where political in-fighting is confined within the parliament; where people are disciplined because of the strong political will of government leaders to implement the laws.

• IF WE WANT TO EMULATE THEM, THEN LET US HAVE A PARLIAMENTARY FORM OF GOVERNMENT!

Why should we suffer corruption, poverty and economic stagnation when we can start the change NOW!

• LET US START BY VOTING A PRESIDENT WHO IS WILLING TO SACRIFICE HIS POSITION TO INITIATE THE TRANSFORMATION OF OUR FORM OF GOVERNMENT!

Last election I did not vote for any senator and I will do the same now;

• BECAUSE THEY ARE A DRAIN OF OUR FINANCIAL RESOURCES!

• ergo, WE DO NOT NEED THE SENATE!

In fact, one lady senator realized its uselessness and DARED ALL MEMBERS OF THE SENATE TO RESIGN!

• What a shame to realize it  just now because it has been there for TWENTY FOUR (24) YEARS!

And now that we are being led by a minority president and an OJT at that, it is about time to change the system of our governance. To achieve economic growth and political stability at par with our Asean neighbors, we have to adopt a Unicameral Legislative form of government.

THE CHANGE STARTS NOW AND IT BEGINS WITH ME!

Why Malacanang Wants CJ Renato Corona To Resign Now?

Well, why do Malacanang wants CJ Corona to resign this early? Is it afraid of a “Walk Out” scenario during the impeachment?

It should be noted that “walk out” strategy triggers both EDSA1 and EDSA2. History tells us what ensued after the famous “PICC Walk Out” led by the wife of Col. Red Kapunan, when their plotted coup was discovered by the military. Col. Red Kapunan is a senior member of the military organization YOU who plotted a coup attempt against then President Marcos.

Then came the “Vellarde Envelop Walk Out” during the impeachment of ex-Pres. Estrada, accentuated by a “crying Legarda.” EDSA2 followed that gives the seat of power to then Vice Pres. GMA.

And in both EDSA, the “church” was a key player in gathering the people.

This will lead us to consider to the not-so-good present relationship between Pnoy and the “church” where the “horatio emparata” against the  RH Bill is always being prayed before the start of every mass. And put into the equation the mass on the Christmas party of the Supreme Court, celebrated by the new Archbishop of Manila [Corona shuts up, urges spreading of God’s love].

Further, consider the apprehension of the Senate on a “Walk Out Scenario” during the impeachment. Does Sen. Enrile know “something” [like the secrets he knew in 1986] that we, the Filipino people, don’t know? Is it the reason why he is trying to preempt a “walk out” strategy? [Impeach court won’t tolerate walkout by lawyers]

And who knows, what the forces of VP Binay is doing right now, are they on the “Mobilization Mode?” Their silence is very deafening!

To top it all, the will of the President is not necessarily the will of the majority. His will represents the will of the 15 million who voted for him and definitely not the will of the 21 million Filipinos who do not want him as their president. There are 36 million Filipinos who cast their votes during the last presidential election therefore he is a minority president representing 41% as against the 59% majority who does not want him as president.

So, for Malacanang it is definitely good if CJ Corona will do the “Merci Walk.” But if not and he defies all odds by facing his detractors in the impeachment then employ the “Walk Out” strategy, what happen next is anyone’s guess.

Are we looking to a scenario of a grinning VP Binay in the Office of the President if a “walk out” happens in the impeachment of CJ Corona?

Infinity

"Ask and IT will be given..."

THE SOURCE OF INFINITE WISDOM