A Song for Monalisa

 

Hole of Justice

by Peter G. Jimenea

A song for Monalisa

Ombudsman Merceditas Gutierrez is actually the one referred hereto as Monalisa, a song based on a legendary painting of a beautiful lady admired by hundreds of men who brought their dreams at her doorstep, each hoping to be the lucky guy.

It was a misfortune for those hundred of dreams lying there at the doorstep of Monalisa as they only die there without getting a sort of attention. The story of Monalisa resembles that of Omb. Gutierrez, whose office has recorded plenty of graft cases received but most may have died unattended/

We also have our own story of this mess in the Iloilo City Low-Cost Housing Project at Pavia, Iloilo. It started in 2001 with a P120M for 413 units of houses intended for City Hall lowly employees. Unfortunately, it ended a “white elephant” in 2009, before Mayor Trenas stepped down without even a unit completely built.

A case was filed with the Ombudsman Office against the then mayor and few city officials about six years ago. But it just slept there without any result to date. This is what got us so disgusted about!

An employee at the office of the Ombudsman in Quezon City, claim that Monalisa... ehe, este Omb. Gutierrez took the case folder of that Housing Scam on the premise that she will review it personally. True, that was a review-in-eternity as she and Mayor Trenas are said to be classmates in the Ateneo Law School a decade ago!

Omb. Gutierrez, has also that strong personality and fighting spirit. Even her mere signature is feared by local officials who are required by law to file statements of assets and liabilities. Her arrogance, too, is noted during the Senate hearing on the (sweetheart?) deal entered into by her office with AFP Gen. Carlos Garcia over the latter's plunder case.

But not until recently when she met a legislator from Barotac Viejo of the Fifth District of Iloilo. He is Cong. Niel “Junjun” Tupas, Jr. Look, even before the hearing starts for her impeachment , Monalisa is already badly beaten by her looks. Her will to fight is there but the spirit is nowhere!

Why? The Supreme Court (SC) in a majority voting of 7-5 junks the petition of Omb. Gutierrez seeking to declare unconstitutional the impeachment proceeding against her by the justice committee of the Lower House chaired by Cong. Tupas, Jr.

Her petition claimed that the House Justice Committee's decision to simultaneously take up two impeachment complaints filed separately by leftist and civil society groups against her, violated a constitutional provision that bans the filing of more than one impeachment case against a public official within a year.


Party-list Rep. Risa Hontiveros, rebel officer Danilo Lim and the parents of the late Ensign Phillip Pestano, filed the first complaint on July 22, 2010, for her failure to correctly decide on the cases of the ZTE deal with the Arroyo administration


On Aug. 3, 2010, Bayan Secretary General Renato Reyes Jr. also filed a complaint against Omb. Gutierrez over her failure to go after Jocjoc Bolante and other people behind the P728-million fertilizer fund scam.


Beleaguered, Omb. Gutierrez may have thought of finding an ally in Mr. Midas Marquez, the SC spokesman. But she was badly disillusioned because Midas, her supposed ally, has a Midas touch in reverse - the decision did not turn into gold but a disgrace!


Marquez said that in its review, the high court found that the House justice committee did not infringe on the Constitution because the two complaints against Omb. Gutierrez were referred to it “at the same time.”


Majority of the Justices in this case said that although there were two complaints referred to it, the House Committee on Justice was only working on one impeachment proceeding by citing the first case. This sends a strong signal that her end is near.


Omb. Monalisa...ehe, este Gutierrez' impeachment is inevitable. So if I may suggest, the song “My Way” should be her marching theme on the way out. True, friends are tested by adversity. Now the tragedy is not to go - but having no one to remember you!

Who robbed Nilo Sazon?

Hole of Justice
by Peter G. Jimenea

Who robbed Nilo Sazon?

The Ilonggos cannot stomach this grabbing by shameless individual of the credit due to Nilo Sazon, the man who reformed from being a Capone of his time, to make good the promise of doing something valuable in his remaining years for the people to remember him.

Sazon has bagged different national awards for the clean-up of the Iloilo River together with his volunteers from the Coast Guard Auxilliary group. He has also received other awards from Malacañang that an observant city environmentalist even quipped; "What more a legacy can we ask from this man?"

But if we look at that gigantic taurpalin erected on the roadside going to the Iloilo airport, one can easily glean the robbing of credit from this man and the volunteer members of the Philippine Coast Guard Auxillary who rightfully deserved the honor.

The billboard has the smiling pictures of Cong. Jerry Trenas and Mayor Jed Patrick Mabilog of Iloilo City. Perhaps, those smiles to the ears are for their livelihood program including the clean-up of the Iloilo River (kuno) which earned them an award from an international body we have yet to identify.

It was ten years ago when this writer met Sazon at the promenade, a small drinking place along the streetside across Gaisano City, in La Paz District, Iloilo City. The man disclosed his plan to do something good for the city and for the Ilonggos to be remembered. In short, - a legacy.

Looking at the garbage floating on the river, he smiled and I know something is in his mind. When he told me, I acquiesced with his plan to initiate the cleaning of the Iloilo River described by Mr. Pistong, as the biggest septic tank in Asia.

Sazon started this program by building a small bamboo raft for use in gathering the floating debris. Months later I saw him with fellow volunteers from the Coast Guard Auxillary, personally cruising the river, collecting floating debris like plastics, styrofoam and many other.

Knowing the small bamboo raft cannot accommodate the pile, they built a bigger one. The garbage collected on the raft are brought under the bridge approaching the Marina Restaurant of Ross Gorriceta, and down there, wait for the city-hired garbage truck to pick up the pile for Calajunan dumpsite.

I aired this work of Coast Guard volunteers over my cable tv program during Saturdays. Sometimes, I invite them to guests in my talk show to tell the people about their valuable undertaking that appeals for public cooperation.

By keeping the public posted about the ongoing clean up drive being done by the Coastguard Auxilliary group, we eventually noticed the developing willingness of the people to cooperate in this task initiated by Sazon and Co.

Iloilo City Councilor Ely Estante also contributed his share. He went to Manila with this writer (thanks to Dept. of Fisheries Dir. Sonia Seville), to study what should be done for marginal fishermen who will be affected in case the clean-up drive of the Iloilo river starts.

When Kgd. Estante's resolution was approved for the clearing of the river from constructed fishpens and other bamboo-built structures, Sazon bought a motorized rubber boat (courtesy of his daughter abroad). The boat tugs the big bamboo raft with debris to the riverbank which hastens the work of his volunteers.

Today, though not yet completely done, we can see the beauty of the Iloilo River free from floating eyesores. Sad to say, it also opened the desire of opportunists wanting to share the credit they don't deserved. They even plan to erect structures praising themselves as the advocates of the successful undertaking.

We cannot blame the people who want to share the credit for this success. But they should have started it ten years ago from the basis of their affordability. Perhaps, they just want to share a joyride in this success now to make money.

Well, let's give them the privilege to lie. Anyway lies cost nothing. But we cannot allow them to get closer legalizing their racket by using the now beautiful Iloilo River in putting up a foundation or the like without the people getting wind of it.

It's true, God sometimes joke on us. Imagine, we ask only for a “world class river” to brag about but He includes the “world class liars” we have to deal with. Well, that makes our day, but as to these liars identity, your guess is as good as mine!

On wisdom of the Court

Hole of Justice

by Peter G. Jimenea

After fifteen long-years, the Supreme Court acquitted Hubert Webb and six other convicts jailed for the grisly 1991 Vizconde massacre. The Court thrashed the testimony of prosecution star witness Jessica Alfaro as “inconsistent and unbelievable.”

In a voting of 7-4-4, the Court acquitted Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong “for failure of the prosecution to prove their guilt beyond reasonable doubt.”

The Supreme Court reversed the decision of the RTC dated Dec. 15, 2005, and the resolution dated Jan. 26, 2007, of the Court of Appeals and ordered the immediate release from detention of Webb et al. unless they are confined for another lawful cause.

Article VIII, Section 15 (1) of the Constitution directs: All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from the date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts. (610 SCRA 334).

Then why did it take that long for the SC Justices to read in detail the inconsistencies in Alfaro's testimony as their claim pointed out? Convicts who had been released from the National Bilibid Prison cannot believe the sudden acquittal of Webb et. al, is based on the reversal of the guilty to not guilty findings of the SC.

Convicts I interviewed claim they never heard of inmates imprisoned for 15 years or more who were released from prison due to reversal of sentence from guilty to not guilty. As disclosed, the probable reason for an inmate's release ahead of his term is by commutation of sentence.

Others were released from prison not on the reversal of a guilty findings of the SC which review their cases but because of their good behavior. In which case, prison officials recommend them for parole or pardon.

Had there been report of any late-arrest of suspects that can be attributed to the massacre, it will surely cushion the negative impact of this SC reversal of verdict to the public. Now they only added this celebrated case to the list of unsolved crimes in Philippine history.

Worse is the entailed statement of the Court in its decision to acquit the seven accused. It says; “In our criminal justice system, what is important is, not whether the court entertains about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable lingering doubt as to his guilt.”

Jurisprudence tells us that a question of law exists when the doubt or controversy concerns the correct application of law to a certain set of facts; or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of the facts being admitted.

There is also a question of fact when a doubt or difference arises as to the truth or falsehood of facts or when the query invites calibration of the whole evidence considering mainly the credibility of the witnesses, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and the probability of the situation.

The credibility of the witness and her testimony have been dealt with accordingly and calibrated by the lower court during the niceties of the trial, of which the CA eventually upheld. Sad to say but these were reversed by the SC on mere technicality.

Due to the still existing procedural questions relative to this case, it creates an impression without affirming the perception that this long-delayed decision of the SC of acquitting Hubert Webb et. al, is in exchange for - you know what!

So, who murdered Estrellita Vizconde and her daughters, Jennifer, 7 and Carmela, 18, who was raped before being stabbed to death? If the murderers are still at-large they could be smiling to the ears by now. For Lauro Vizconde, this wisdom of the SC Justices is another tragedy as he is becoming now their last casualty!

I don't like him either!

The Office of Monalisa

Peter G. Jimenea, Hole of Justice

This old song Monalisa is dedicated to Ombudsman Merceditas Gutierrez: Monalisa, Monalisa men have named you. You're so like a lady with a mystic smile. Is it only cause you're lonely men have blamed you, for that Monalisa's strangeness in your smile. Do you smile to tempt a lover Monalisa. Or is it the way to hide your broken heart. Many dreams have been brought to your doorstep, they just lie there and they die there. Are you warm, are you real Monalisa, or just a cold and lonely, lovely work of art.”

Ombudsman Gutierrez occupies one of the most powerful offices in the government of the Republic of the Philippines. She is blamed by many people for dereliction of duty yet, idolized by corrupt public officials for her tolerance of their cases sleeping at her office.

She posed now a big challenge to President Noynoy Aquino's battlecry; Kung walang corrupt, walang mahirap. As reported, a number of officials with long-overdue cases at her office were allies or have strong connection with former Pres. Gloria Arroyo.

In Iloilo City, the 413 units of Low-Cost Housing Project of the city government for lowly employees in 2001, resulted into a white elephant. The project that cost P130 million pesos has no single unit completely built. This is official corruption of the highest Order!

This P130M project is under the stewardship of then mayor now Congressman Jerry Trenas of Iloilo City. Despite the payment of P62.5M received by the contractor and the P24.7M in loan interest paid to the bank, the housing project that started in 2001 was abandoned and totally deteriorated.

Mr. President, this expose' is what got the public so irate about. Lowly employees are most sorely tempted to steal but don't. Yet here are some officials with temerity to pounce on government coffers for every chance they get, what a shame.

This violation of graft and corrupt practices act was already filed against the former mayor and some people linked to this mess over eight years ago. On why the charge-sheets are still out there sleeping at the Ombudsman's Office, only God knows.

But Trenas is already a congressman and still we heard nothing about his case. It is also widely believed that he is now under the umbrella of Senator Franklin Drilon who convinced him to jump ship from the Nacionalista to the Liberal Party, three or four days before election.

This alliance of Cong. Trenas with Sen. Drilon has created an impression without affirming the perception that this scandal involving millions of taxpayers money will eventually disappear in the course of time.

Only the intervention of Congress and the president can reinvigorate our dwindling trust in the office of Monalisa ehe...este, Merceditas Gutierrez. What's more, we had already enough stories of her irresoluteness in performance of duty as Ombudsman.

For that, this Pavia Housing scam and hundred other unresolved cases at her office, are misconstrued to have been buried in exchange for ...... you know what. As the song Monalisa goes, they just lie there and they die there!

She might have that large propensity to watch macho-male like Gen. Carlos Garcia, and Gen. Angelo Reyas AFP former Chief of Staff kneeling before her asking mercy for the mess they're in. It may be true as what is somewhat missing in the empty lives of these people is to die with dignity!

Going back to our story, the P90M wastage of city government fund to that Pavia Housing Scam is P90M of the taxpayers' money. The amount is already a vital proof by which I judge the former city chief executive and now Cong. Jerry Trenas as the most despised mayor Iloilo City ever had.

It is widely believed that the number of unresolved cases at the office of Ombudsman Merceditas Gutierrez are already enough to justify the change of name of The Office of the Ombudsman to....... see the title!

The cost of finding the truth

Peter G. Jimenea, Hole of Justice

After the long verbal tussle between the pros and cons of the Reproductive Health Bill, it eventually hurdled the first barrier at the Lower House of Congress. But the leaders of the Catholic Bishops Conference of the Philippines (CBCP) vowed to continue the fight against it.

They failed to notice the diminishing support of the people in this Church battle against the Bill. CBCP leaders even ignored the news about the two women who challenged the Church to excommunicate them for their open support to the RH Bill.

The reports of exodus by women devotees who transferred to other religious groups of similar faith, become a cause for alarm. Why did these people leave their Church to join the smaller group of the same believers?

If we look back to history of parish priests under the Catholic Church, they depend mainly on support of parishioners. This could be the reason why they opposed the Bill as its population control provision would eventually redound to Church lose of big income if enacted into law.

Church leaders are concerned only about income without taking into consideration the government side especially its problem on how to provide the basic needs of the fast growing population of poor families. This is easily gleaned on the widening gap of economic disparity between the rich and the poor.


Ordinary government employee cannot provide the proper education needed by all his five children unless he steals. What about the unemployed? This is without yet the idea whether the jobless parents has afforded the family its three regular meals a day.

What's more for people in squatter areas with five children and still counting? If only twenty percent of their children finished high school and only one can have a step in first year or second year college, what's in store for them? Aren't the others endangered to become notorious criminals of the future?

This only shows that birth control by calendar method doesn't sit well in slum areas. If birth control pills and condoms are bad for the Church, then what about abortion which seems today as the logical solution for unwed and unprepared young mothers-to-be?

If Church leaders has only showed sincere concern to the life of poor families in this country, their flocks will remain loyal to them. Even without too much nitpicking on the State's affair, their income can still be derived from wealthy donors, special mass, wedding ceremonies and many others.

But why are they against this plan of the government when it protects the lives of pregnant women, helps maintain the peace and order situation and improve the life of the people including their flocks? The RH Bill does not solely dwell on the use of birth control pills and condoms.

It teaches responsible parenthood and to that effect, includes the limit in number of children by a family. This is true as it concerns on how parents can provide the children the needed education based on their income, for the kids to become useful citizens of tomorrow.

Today, many young pregnant-women failed to undergo a pre-natal check up and other child health-care preparation due to financial constraint. But recent international report claims that one in three pregnant women in Asia died during pregnancy or while giving birth to a child.

This is a cause for alarm that Church leaders must take into consideration. They should now ask themselves on why abortion are so rampant and why this illegal business proliferate. Maybe they are against the RH Bill for the sake of opposition without looking into the benefits of women in particular and to all citizens in general.

A great number of women-devotees are now moving away from their divine faith in Catholic Church due to their opposing views about the Bill. Church leaders has failed to notice that since the EDSA revolution, their flocks who had been loyal to them are now slowly moving away due to difference in opinion about the RHB.

The CBCP should know that it is only for them and their group that what they did was good. They don't have the faintest idea that the Church is now losing in this battle.

True, divisiveness is the cost of finding the truth. The great number of Catholic flocks are now in exodus. Most have realized that the prize at stake in this battle - is unworthy of the war they are fighting for!

Excommunicate me!

Peter G. Jimenea, Hole of Justice

The Catholic Bishops Conference of the Philippines (CBCP) is openly opposed to the Reproductive Health Bill (RHB) now under deliberation in the Senate. I find no fault in this except, their propensity to nitpick with the State affairs when their own backyards are in shambles.

Before the May 2010 elections, they threatened the legislators supporting the RH Bill with rejection of votes. Now they are also threatening Pres. Noynoy Aquino with impeachment if he will support the RH Bill. But in Church, they taught us that Jesus Christ has never threatened with retributions the Roman soldiers who persecuted Him.

It is widely believe that parish priests of the Roman Catholic Church in the Philippines survive through the support of devoted-parishioners. So perhaps, they fear the lose of income from these flocks once the population control is enacted into law.

This holds true to their big income from baptismal, wealthy donors, special masses, wedding ceremonies and many others. During our younger days, we were told that no dead members of the family can go to heaven without the blessing of the church - for a fee!

But if we concede with the whims of our faithful devotees, how could this struggling government contain the fast growing population? It cannot even provide the basic needs of million poor families in the squatter areas. What's in store for these people who are mostly unemployed?

The best credential in job hunting today is not what you know but whom you know. Children of well-off families easily landed a job after graduation. Majority are hired not on personal capability but on political expediency. This is what got the poor so hopeless about!

Not only that. Today, many young-mothers died due to lack of proper education about early pregnancy. Church leaders must also ponder why abortion are rampant today. More so about abandoned fetus almost everywhere.

This only shows that birth control by calendar method is not working well in slum areas. If the birth control pills and condoms are bad for the Church, what about abortion which now seems the most logical solution for unprepared young mothers-to-be?

Timendi causa est nescire – ignorance is the cause of fear. This could be the reason on why women with understanding of RHB are emboldened to challenge the Church to excommunicate them. This is a cause for alarm as it can propel more exodus from women devotees of the Catholic Church.

The RH Bill is not strictly confined in birth control or family planning like the use of condom and pills. It provides helpful information on how to raise a child, maintain a good family, and many other helpful tips for a responsible parenthood.

Church leaders must also look for a better solution other than going against the Bill. The population explosion is inevitable. They government had provided our Church leaders with a lot of opportunity to lobby in Congress for the amendment of the Bill before it's enactment into law. They should make use of it.

Lot of devotees are now moving away from their divine faith in Catholic Church due to difference in opinion regarding the RH Bill. Church leaders may have their own interpretation of the law but it may be at odds with the gutsy young women of the new generation.

They should work hand in hand with the government for best result. An argument aimed to sway popular support by appealing to sentiment weakness rather than facts and reasons would only end in a miserable compromise. A lop-sided stand on this issue can propel more women to challenge the Church and say ........see the title!