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An enemy from within

There’s no mistaking the fact that the battle against illegal drugs is as difficult as repulsing a foreign invader, or even harder.
That’s because the enemy is hard to detect. The pusher is not just the street pug that was the stereotype in the past. Now even a public school teacher has been caught selling drugs. Barangay officials, too, have been nabbed in buy-bust operations. They are like the Vietcong whom the Americans had to fight half a century ago in the ricefields of Vietnam: by day ordinary farmers, by night fierce warriors.
We have to accept the reality that this battle can be waged in a rule of law setting. As we have seen time and again, drug lords and pushers can afford the best legal minds to defend them in court. And even in jail, they continue to run the illegal drugs trade with impunity.
For this alone, I am prepared to see President Duterte do it with brute force. Of course, he just has to be cautioned not to waste human lives. Just the same, the authorities should not hesitate to use force when it is deemed necessary.

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Odicta’s release illegal?

The release of Melvin Odicta Sr. from the National Bilibid Prisons in 1995 continues to be a burning issue among lawyers.
A few night ago, a municipal trial court judge and two lawyers told me the Muntinlupa City RTC executive judge who issued the release order by virtue of a petition for a writ of habeas corpus did so without legal basis.
“If it was an application of the indeterminate sentence law under the new law amending the prison sentences for illegal drugs, then there should have been an application with the Parole and Pardon Board,” the judge said.
It was purely an executive function which needed approval of the President of the Republic, the two lawyers added.
Besides, the three of them echoed my earlier observation — based on Supreme Court decisions — that a petition for habeas corpus is not a proper remedy for convicted felons.
The release order was, in effect, an illegal act overturning the decision of an equal court which was affirmed by the Supreme Court.
It is turning out that Jun Alojado Capulot has succeeded in opening up a huge can of worms that could bring down an empire in Iloilo City.

More questions on Odicta habeas corpus

After I exposed the circumstances that surrounded the release of Melvin “Boyet” Odicta Sr. on June 7, 1995, particularly on the dubious legality of the writ of habeas corpus issued by Muntinlupa City RTC Branch 276 Judge Norma C. Perello, I was swamped with more leads that raise more questions about the whole affair.

Over coffee, I solicited the view of retired Guimaras RTC Judge Merlin Deloria on whether or not the issuance of a writ of habeas corpus was proper in basically shortening the prison sentence of Odicta, who was convicted for selling marijuana to undercover narcotics agents of the defunct PC/INP way back in March 1993 and sentence to life imprisonment.

At first, Judge Deloria was reluctant to give his opinion. He was totally in the dark about the case, he said. So I outlined to him the facts of the case from the conviction by the Iloilo RTC to the Supreme Court affirmation of the conviction and then the filing of the petition for a writ of habeas corpus.

After I had covered the breadth and length of the case in a span of 10 minutes, Judge Deloria asked me the question: “Where was he detained at the time he filed the petition for a writ of habeas corpus before the Muntinlupa RTC?”

Judge Deloria was once my professor in Taxation in law school, and I always admired his sharp analytical mind that made him one of the favorite professors in all the years he was teaching at the University of San Agustin in Iloilo City.

At once, I saw his brilliant mind at work with that question.  The National Bilibid Prison was in Muntinlupa City, making the RTC Branch 276 a proper venue for the filing of such action. But I knew that Odicta wasn’t confined at the Bilibid prison. He was serving his sentence at the Sablayan Penal Colony in Mindoro Occidental.

Judge Deloria’s question tackled the issue of jurisdiction. If Odicta was confined in Mindoro Occidental, then the Muntinlupa RTC had no jurisdiction over him.

The doubtful legality of the writ of habeas corpus as legal basis for Odicta’s release from prison didn’t end there. Judge Deloria said he didn’t think the habeas corpus proceedings was sufficient to overturn the final conviction and sentence to life imprisonment based on R.A. 7659 that revised the schedule of penalties.

There should have been a separate petition for Odicta to avail of the shorter prison term under R.A. 7659, according to Judge Deloria.

With this development, the Aksyon Radyo Iloilo management is planning to file a petition before the Supreme Court seeking the nullification of the writ of habeas corpus. Odicta had filed a libel complaint against anchorman Jun Capulot, station manager and anchorman John Paul Tia and the chief executive officer of Manila Broadcasting Co.

This mulled petition to nullify the writ of habeas corpus may result in Odicta being sent back to prison and wait for a proper judicial order applying the shorter jail term in his favor.

 

‘Tough’ Mar Roxas?

After two days of deliberating his next move, Liberal Party standard bearer Mar Roxas has publicly announced he is ready to face Davao City mayor and rival candidate Rodrigo “Digong” Duterte to a slapping match.

Apparently, Roxas wants to appear, and sound, tough to level up to the stature of Duterte, who has drawn millions of admirers across the country for his street puncher image.

But it’s too late for Roxas to change his image as a soft-palmed scion of a wealthy family. If he was tough, he could have demonstrated that trait when he was DILG secretary and crushed criminal syndicates, including the known drug lords in Iloilo City.

Sorry, Mr. Roxas. Being tough isn’t just a matter of cheap talk. That image is drawn from a person’s character. You have always looked like a weakling. Even your politics is a life in the shadow of your mother, Mrs. Judy Araneta Roxas.

 

Drilon doesn’t want probe on radio station assault

Panay News Drilon No Probe

Accountability, transparency take root in a Laguna barangay

My good friend, Eugenio “Jun” Ynion, Jr. has encountered rough sailing during his first 10 months as barangay captain of San Antonio, San Pedro City, Laguna. But the turbulence isn’t about to slow him down. Kap Jun is firmly erecting the pillars for a genuine, working model of a “zero-corruption”-based governance. In this age when even the helmsman of the “matuwid na daan” is beset by scandals involving corruption, Barangay San Antonio is demonstrating “zero-corruption” is not a Quixotic-venture. It is happening.

Kap Jun began his term of office at noon of Nov. 30, 2013. He hit the ground running, and has never called for time-out ever since. He quickly set his sights on peace and order, health and livelihood. Progress can never be achieved in his barangay unless he tackled the “fundamentals”, what he labelled as the “Three Ks” which stand for “Kapaligaran, Kalusugan at Kaunlaran”. With his compass set, Kap Jun worked tirelessly to make the lives of his constituents better. And in doing that, he always kept the “zero-corruption” advocacy as his center of gravity.10721308_10204276474767012_799003570_n

A YouTube video highlights the achievements of Kap Jun during his first 10 months. Along the way, he has had to endure black propaganda from an insecure City Mayor who felt threatened by his upsurge in popularity. Barangay San Antonio has the second largest number of voters in San Pedro City. It can easily place Kap Jun within striking distance of the mayorship if he sets his eyes on it.

What is significant about Kap Jun’s first leg of the journey is the no-nonsense adherence to the principles for accountability, transparency and honesty. From Day One, he scorned traditional politics. He made it known that he will not tolerate lazy and dishonest individuals in the barangay LGU, whether elected or appoint. “There will be no sacred cows,” he told his people, time and again. Unfortunately, there have been quite a number who didn’t take him seriously; quickly, they were shown the exit door.

Kap Jun runs the barangay the way he does his businesses. He rewards performance but shows little tolerance for slackers. Everybody is on their feet. To make sure there are no excuses for not being able to carry out their mission, Kap Jun procured the best possible equipment for the barangay. He wants to be ready for any eventuality, particularly in disaster risk management. Barangay San Antonio is perhaps the only one in the country with an amphibious vehicle to undertake rescue work during floods.

Early in his term, Kap Jun watched in frustration when a big fire devoured hundreds of houses in his barangay. The city’s sole firetruck was so decrepit and slow it arrived last. Maharlika fireWhen it reached the scene, it could not even start to help put out the fire. It was largely because of firetrucks from adjoining LGUs that the fire was prevented from causing more destruction.

Because of that experience, Kap Jun spent his own money to advance the payment for the barangay’s own firetruck. “Never again will I let that scenario happen,” he said. Aside from a firetruck, Barangay San Antonio has its own ambulance that provides constituents requiring transport to a hospital free services.

Education has become the centerpiece program of his administration. It is the only avenue that he can lay down for the poor so that they could liberate themselves from poverty, he said. His barangay has set aside huge amounts of money for scholarships in high school and college. Later in the month, lady volunteers led by his wife, Carissa Gonzales-Ynion, will embark on a “food-for-school” feeding program for indigent pupils. He understands that hungry pupils will find it hard to absorb their lessons.

What has triggered a wave of excitement in the barangay is the establishment of a micro-financing program Kap Jun has set up with a bank. For the first time, small entrepreneurs and would-be entrepreneurs can gain access to low-interest loans to fund their businesses. This micro-lending scheme will liberate micro-entrepreneurs from the usurious lenders that constantly keep them choked. Training programs are also being carried out to teach constituents simple skills they can turn into livelihood opportunities.

For Kap Jun, progress can never flourish in an environment where peace and order is not stable. This is the reason he invested heavily in improving the peace and order capability of his barangay. To improve mobility, he procured two Nissan pick up patrol cars and 10 motorcycles. Swift communications is ensured by 50 radio handsets for the barangay tanods and police in his jurisdiction.Barangay patrol motorcycles In less than two minutes, any call for help will be bring barangay tanods to the scene, he said.

Like any barangay, San Antonio has its share of the illegal drugs problem. But Kap Jun didn’t resign to the problem. He took the offensive tack. He offered cash incentives to the police and tanods for the arrest and capture of drug dealers in his barangay. To make sure these drug villains stay in jail long, he offered additional rewards for law enforcers who catch them with non-bailable offenses. So far, his program has netted 18 drug pushers, definitely a record in such a short time.

The environment is also top priority for Kap Jun. Among the first things he did upon assuming office was clean the streets. He adopted a strict rule on uncollected garbage. To promote responsible solid waste practices, he put up huge garbage bins in strategic locations where people can dump their “basura”.  He has made tree planting a regular activity in the barangay. His goal is plant 20,000 trees to make San Antonio a green community.

Kap Jun showed that when he pushed for environmental protection, everybody in the barangay will have to take it seriously. Early this year, a tire rubber recycling company continue to spew dirty and putrid smoke into the air in violation of environmental laws. Without delay, Kap Jun went knocking on the gates of the company with a simple message: clean up or shut down.

His sterling performance is not going unnoticed. One incumbent city councilor of San Pedro City remarked that Kap Jun’s brand of leadership is not only for his barangay, but for the entire city. No wonder Mayor Lourdes Cataquiz is perturbed. For an administration rocked by corruption scandals and poor services, it’s not hard for Kap Jun to gain the admiration and support of many people who want him to bring his leadership to a higher plane.

Indeed, Kap Jun has proven that the way to good governance is accountability and transparency. It is an effective approach to building confidence in the community. Now more and more of his constituents are excited about more and improved services. Many are also enthusiastic about sharing their good fortune from Kap Jun’s exemplary leadership with the rest of San Pedro City.

Reckless endangerment?

I have long been cautioned by family and friends about dwelling into “dangerous issues” like corruption, illegal drugs and crime in Iloilo City. The concern is valid. There is a history of violence against media people who bravely report stories, and make commentaries, about them. In fact, law enforcement authorities have issued advisories that “clear and present threats” have existed against me specifically. Why push the issue? I am always asked.

My answer has always been the same. If I don’t expose these stories, then nobody will. These criminals (to include public officials engaged in graft) will feel free to do as they please, and the situation can only turn from bad to worse. To my mind, my personal efforts might seem puny, and futile, against the rising power of corruption and organized crime in Iloilo City. But at the moment, it’s the only serious effort to stem the tide.

I feel bad that many agencies mandated with stopping corruption and crime are failing at their jobs. The Commission on Audit and the Ombudsman have moved at a snail’s pace in investigating complaints against corruption. It is frustrating. As I wrote a top COA official recently, lives have been put at risk for the sake of exposing corruption, and yet the agency isn’t giving the issues the urgency that these deserve. The Ombudsman is moving quicker and faster than during the time of Tanodbayan Merceditas Gutierrez, but it still takes too long for cases to be resolved. One needs to be persistent in doing follow up work on these complaints to prod them to action.

The Philippine National Police is losing the war against crime. In Iloilo City, several policemen have been killed, or wounded, in drug-related violence. Unfortunately, no suspects have been identified. No prosecution of cases has been carried out. It definitely does not create public confidence to see the PNP unable to pin down even those who kill or wound uniformed men and women. If cop killers can get away with murder, then it follows that killers of ordinary people will find an easier time eluding the wheels of justice.

My commentaries won’t be able to stop corruption, illegal drugs and murder. But I can’t give up on trying to awaken those officials who might just be able to restore decency and a sense of justice to our society. I can’t stop writing to inform our people about the ugly things that are taking place in the hope that they, too, will convey a message of collective anger over the situation.