"It is but proper and fitting that this Court commend the unfaltering and very able assistance rendered to the accused, seen from the excellent presentation made of his case, particularly by his defense counsel, Atty. Abelardo L. Aportadera, Jr., of Davao City, who unstintedly and magnanimously contributed his legal talents and efforts in the hope that justice may ultimately prevail." X X X
Supreme Court Decision in 'People of the Philippines - versus- Lucio Lumayok' G.R. No. L-54016
2010 WILL BE
THE YEAR OF POLITICAL CHANGES
Christian New Year is highlighted with revelries and
resolutions. The beginning of the year is January 1. People are just glad 2009
is over and past and look forward to 2010 to bring hope for things to getter
better.
Political analysts together with
economic analysts come out with their respective perspectives of things to come
this year. For Filipinos, there is another dimension for what to expect in
2010. Filipinos look at the Chinese zodiac calendar and to feng shui experts or
geomancers for telltale signs of what is to come this year.
In the Chinese zodiac calendar, 2010
will be the Year of the white Yang Metal Tiger. The Year of the Tiger starts on
The Tiger’s influence is seen to offer
courage, and the metal element, to provide “steely resolve, fortitude and
determination to accomplish goals.”
The major event in 2010 that is to
trigger this change is the presidential elections together with the election of
twelve senators, around two hundred fifty congressmen and party list
representatives, and local executives and legislators. Focus is on whom the
voting Filipinos will elect as its President for the next six years.
If one is to profile the presidentiables for the 2010
May elections, it is interesting to note that all the presidentiables have
these “tiger” traits. It took courage of front runners Noynoy Aquino, Manny
Villar, Erap Estrada, Gibo Teodoro and Dick Gordon to run for president of the
country. Noynoy Aquino (former congressman and incumbent senator) banks on the
legacy of his parents to carry him through. Manny Villar has experience and
competence to qualify him to be president (a self made successful business man,
a from rags to riches millionaire, former Speaker of the House and former
Senate President). Erap Estrada is
determined to finish his term as president which was cut short by elements of civil
society during EDSA II. Gibo Teodoro,
the youngest of them all, is seeking the highest office of the land on his
personal credential as a brilliant lawyer (bar topnotcher), former congressman and former Secretary of National
Defense. Dick Gordon hopes to be
president and has demonstrated his capability as a local and national executive
(former Mayor of Olongapo City, former Subic Military Base Administrator,
President of the Philippine Red Cross); he is an incumbent senator.
Changes in political leadership, both national
and local, are inevitable. With change brings renewed confidence and hope in
government. With change, the nation and democracy can again re-gear and roll
forward for the next six years.
(Attorney Abelardo "Billy" Aportadera Jr., former Commissioner on
Human Rights and former Assistant Ombudsman, is a practicing lawyer and member
of Philconsa, E-mail address:
Worst than the A Flu (H1N1) is the E Flu (Election) that is contaminating Philippine society. The first casualty is Senator Panfilo “Ping” Lacson. He chose not to participate anymore in the presidential race for 2010. Facing threat of political persecution by linking him to the Dacer-Corbito Murder Case, given the reality of the billions of pesos needed to wage even a decent presidential campaign, and the choice of preserving one’s integrity to being co-opted by a corrupt electoral process, Senator Lacson chose to remain true to himself and his principles of honesty and good governance. He will still be around to continue his crusade against corruption in government.
In the meantime, the pre-election campaign of the presidentiables is focused on projecting personality rather than on programs for good governance. Surveys are conducted on preferences to be president rather than on what values the next president should have to govern our country.
If this trend continues, the 2010 presidential election will only perpetuate the present corrupt system of governance.
Harry Truman, from Missouri , was a different kind of President. He probably made as many important decisions regarding our nation's history as any of the other 42 Presidents. However, a measure of his greatness may rest on what he did after he left the White House.
Historians have written the only asset he had when he died was the house he lived in, which was in Independence Missouri . On top of that, his wife inherited the house from her Mother.
When he retired from office in 1952, his income was a U.S. Army pension reported to have been $13,507.72 a year. Congress, noting that he was paying for his stamps and personally licking them, granted him an 'allowance' and, later, a retroactive pension of $25,000 per year.
After President Eisenhower was inaugurated, Harry and Bess drove home to Missouri by themselves. There were no Secret Service following them.
When offered corporate positions at large salaries, he declined, stating, 'You don't want me. You want the office of the President, and that doesn't belong to me. It belongs to the American people and it's not for sale.'
Even later, on May 6, 1971, when Congress was preparing to award him the Medal of Honor on his 87th birthday, he refused to accept it, writing, 'I don't consider that I have done anything which should be the reason for any award, Congressional or otherwise.'
He never owned his own home and as president he paid for all of his own travel expenses and food.
Modern politicians have found a new level of success in cashing in on the Presidency, resulting in untold wealth. Today, many in Congress also have found a way to become quite wealthy while enjoying the fruits of their offices. Political offices are now for sale.
Good old Harry Truman was correct when he observed, 'My choices early in life were either to be a piano player in a whore house or a politician. And to tell the truth, there's hardly any difference.' (Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)
On June 30, 2008, a Houston-area grand jury declined to indict Joe Horn after he fatally shot two burglars in the back as they fled his neighbor’s house, an episode captured in a chilling recording of a 911 call between Horn and a police dispatcher. The case tested Texas’ so-called castle-doctrine law – which states that people threatened in their home have a right to use deadly force – and triggered accusations of vigilantism and ethnic bias in the criminal –justice system. Horn, who expressed remorse over the killings, is white, while the victims were illegal Columbian immigrants. (page 8, Time, July 14, 2008)
A similar incident happened in the Philippines years ago. A thief entered the fenced lot of a movie action actor. When he attempted to enter the house, he was discovered. While fleeing, he was shot at. He managed to jump over the fence and died in the street.
The movie action actor was investigated but was never indicted.
(Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)
2008 is over and a new year starts. We leave 2008 with its trail of corruption and human rights violations attributed to the present GMA Administration. President Gloria Macapagal-Arroyo has not done any better to improve her administration's record. In fact the situation has worsened in both fronts of basic standards for good governance.
She has one and a half years to vindicate herself. She does not have enough time to leave a favorable legacy to the Filipino people. She is hoping her vaunted economic programs would provide a counter-balance to her short comings as President. But even these are in danger of being frustrated due to the United States and Global economic crisis.
(Billy Aportadera, Jr.; Lawyer; AAGS Law Offices; Metro Manila – Davao City)
“No man should be above the law.”
More so when that man is a public officers like the Mayor of Masiu
City, Lanao del Sur, and his father, the Secretary of Agrarian Reform.
At around 1:30 PM last Sunday, December 28today, at Valley Golf and Country Club, Antipolo City, Mayor Nasser Pangandaman, Jr., Mayor of Masiu City, Lanao del Sur, his father, Secretary Nasser Pangandaman of the Department of Agrarian Reform, and company, beat my defenseless 56-year-old dad and my 14-year-old brother to a pulp because of some stupid misunderstanding on the golf course.
Aside from the criminal offense that the father and son public officials may be charged, they could be investigated by the Ombudsman under the Ombudsman Act (R.A. 6770) specifically under Section 13 thereof, which mandates, “The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. “
And charged under Section 16 thereof which provides, “Applicability. - The provisions of this Act shall apply to all kinds of malfeasance, and non- feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.” (Atty. Billy Aportadera, Jr.; AAGS Law Offices; Metro Manila – Davao City)