Month: May 2008

Criminal law, messages, The News Media

The Inquirer editorial-writer made my day! thanks thanks thanks

 Photo by Lonnie Duka. Woman w/Laptop Computer in Bora-Bora. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

     Wow. The Inquirer editorial quoted me! (for those who live on planet Saturn: the Inquirer is only the number one, biggest, largest selling broadsheet in the country).  

           This made my day. Thanks thanks thanks! Okay, you’ve already read this editorial, i waited, it’s alright for me to annotate it now on how the Inquirer quoted me, you’ve already seen the substance of it by this time of the day. Because….. (and here it is….) 

      [howcome…. i wonder, howcome….  the post gets quoted when i write spontaneously,  without re-writing it; but never , never when i craft it and work real hard and re-write it nine times, ha-ha-ha. I only get quoted when i don’t give it a second look (well, actually i did, there’s always a minimum of three editing, and four, and five, and it’s still not good),  but never, never  when i work hard on it. Hhmmm.]

      ( My theory there is: It’s not how it’s written: it’s  the times that determine whether, and when, and where you would get quoted; and not any kind of style of writing or flourish that you think you may have. Ouch!  Like when Manolo (at http://www.quezon.ph ) quoted several paragraphs of  yesterday’s blog post, that one was written   in 20 minutes, it was breaking news,   and then I rushed out (then blew up my rear tire on the road but fortunately  I was near a talyer); and that’s what Manolo chose to quote, in two months he never noticed my blog then he chooses something I wrote in a hurry.  WHY? Okay, i’ll go back to my theory: it’s not me, i don’t necessarily write well, it’s the movement of events that determine whether what you wrote is relevant.   When i saw that quote i regret  using the Keanu- Reeves-thing, how was I to know it was going to get quoted?   Somebody tell me-eeee, help (using the blood-curdling tone/ cry when a soldier in an American war movie screams “Me-eee-dic! I need a medic here! Somebody help me, i need a medic here!) what’s the secret to this?

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From Inquirer editorial today: at

http://opinion.inquirer.net/inquireropinion/editorial/view/20080528-139213/State-vigilantes

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  Editorial

State vigilantes

  Opinion Most Read RSS

       Quote “There’s a reason, on TV and in the movies, that when policemen pursue criminals and then end up killing them, they get upset and bewail the killing of the criminals as a failure. Sometimes it’s unavoidable, out of self-defense or to protect bystanders; but it’s always a failure, because it’s ultimately a denial of justice. But then again we are referring to Western shows, reflecting the values of societies that, Filipinos overseas always love to point out, truly understand what the rule of law really means.

       Quote “We should therefore point out, first of all, that if the public were certain that the police had encountered, and killed, the real culprits in the grisly RCBC Cabuyao branch heist, chances are the public would have applauded the cops. This should disturb us. It is the reason why the police can pursue its suspects with the kind of devil-may-care attitude that makes rub-outs not only possible, but probable.

        Quote “To be sure, the public demands results and has a right to demand the apprehension of the perpetrators of a truly shocking crime. We would even go as far as to say that what our society is trying to come to grips with is an act of terrorism. For we, the people, are no strangers to bank robberies; but we have scarcely seen such murderous mayhem as a consequence of a bank heist.

         Quote “Instead of results, the public has been given opinions: the police top brass venturing the alarming suspicion that the robbery and murders were perpetrated either by cops or military men (alarming, because imprudent: The public has no idea whether these are informed suspicions or simply an effort to control coverage). Instead of reassurance, the public has seen an exhibition of inefficiency: the President ordering the throwing together of an ad hoc investigating team, a political and not institutional approach to problem-solving. Instead of a calm, thorough investigation, a demonstration of incompetence: crime scene photos leaked to the public and now circulating on the Internet. And instead of cool professionalism, reckless manifestations of brutality: the killing of three “suspects” in a “shoot-out” in Tanauan City that the Commission on Human Rights (CHR) has already decried as a rub-out.

        Quote “And to top it all off, Philippine National Police (PNP) chief Avelino Razon Jr. can only say that he never gave shoot-to-kill orders, which tells us that his authority doesn’t extend any further than his desk, or that the men and women under his command are less impressed by his authority than they are by Justice Secretary Raul Gonzalez’s bloodthirsty it’s-fine-to-shoot-to-kill statements. After all, even if the CHR brings cops to court, they can count on the Department of Justice.

        Quote (from blog admin: ok, here it is , that’s me. ha-ha, ang babaw ng kaligayahan ko)  “Lawyer Marichu Lambino points to the reasons the PNP’s attempts to forestall bad headlines by producing results by hook or crook entirely misses the point.

      Quote (me quoting the Inquirer editorial quoting me, ang kapal ko, )              “What does it serve the rights of victims,” she asks, “if we cannot get the masterminds, accomplices and accessories, such as: those who gave the RCBC robbers information on the amount of money in the bank; those who gave them information on the busted security cameras and the busted alarm system; those who gave them information on the number of security guards, their weapons, number of employees, on the locks, etc.; those who conducted surveillance and acted as lookout; those who provided them with cars, high-powered firearms, safe houses, communication facilities, food, logistics; those who hid the money and laundered/will launder it?”

        (from blog admin: see how that paragraph was written? It’s not crafted well, it’s a really  long sentence, i never put a period anywhere, just semi-colons; it’s like the “writer” did not breathe out until she stopped writing it, and it’s the part that gets quoted. Why? Me-eedic! I need a medic here!!)

      Quote “What, indeed? Which is why we believe it’s fair to say this crime has the characteristics of terrorism. It has shown the vulnerability of civilian life; the extreme limitations of the authorities when it comes to law, order and justice; it has shaken our society because the question of why the crime was so gory has only been answered by the authorities by ignoring the question altogether, and producing more gore.

      Quote “The entire approach of our authorities has been that of the vigilante: to form a posse and confuse justice with liquidating suspects without so much as a kangaroo trial.” Closed-quote.

 

 

 

 

 

 

 

 

 

 

 

breaking news, corporation law

breaking news: MERALCO majority board defies SEC commish “order”; elections go on; what happens next?

 

  

Photo by Lonnie Duka. Technology Projected on a CD. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

 

      Breaking news: MERALCO majority board defies the cease-and-desist order from the SEC signed by SEC Commissioner Martinez “for the Commission”. The stockholders’ meeting go on as of this posting.

        I was careful in writing that, and the title, i don’t have a copy of the cease-and-desist order (CDO) that the SEC issued against MERALCO to stop the holding of the annual stockholders’ meeting two hours ago; and i make an effort to be fair; so i put “order” in quotes and i didn’t say it was an SEC order because, as read in the news, then SEC Commissioner signed it as follows: “For the Commission:” then the signature. And to be fair, too, i didn’t say “MERALCO board”, i said “majority board” because board director Winston Garcia, and maybe three others, are on the other side.  That’s intra-corporate battle for you.

      Based on the news report, the grounds of the CDO are: the SEC acquired jurisdiction over the complaint filed by board director Winston Garcia and there was a “finding” that the proxy validation process was “fraudulent” or that some of the proxies were “manufactured” (i don’t have a copy of the order, i’m paraphrasing). The grounds of the majority board are: the CDO is invalid for being issued by just one commissioner and not by the Commission en banc and it is undated.

      What happens next?

      It depends. (And, not having a copy of the order, i won’t give my own opinion, just scenarios). In the face of an “order” from the SEC or an SEC commissioner to cease and desist, the majority board can successfully maintain its defiance if it is able to successfully show it was correct in its theory on the jurisdictional “issues”. Remember the oft-quoted principle, “Jurisdiction is conferred by law”? If the order was issued without jurisdiction, it is void. No amount of words and paper can confer jurisdiction, it is given by law. On the other hand, if the order was issued with jurisdiction, while it cannot retroact once elections are held, or while it cannot turn back the hands of time, to be metaphorical, because the matter had become moot and academic, the SEC can issue ANOTHER CDO preventing or stopping the newly elected board from exercising functions. Then the SEC will hold hearings on the allegations regarding the proxy votes. Pending that, the SEC can appoint a temporary management committee. And then later on, the SEC can nullify the elections held today. 

        The latter scenario: if the SEC or the SEC commissioner HAD  jurisdiction in issuing the order and the majority board defied a valid order: (i will use my Keanu Reeves voice for that): Dude, that scenario is messy. But if the SEC or SEC commissioner did NOT have jurisdiction in issuing the order, then GSIS chair Winston Garcia has to go the long route of litigation and pending that, the newly elected board takes over, that’s  temporary smooth-sailing for MERALCO pending litigation, but either way, the value of the stocks might continue to go down because of the uncertainty.

 

         Some pertinent provisions: (RTC’s have jurisdiction over intra-corporate suits but SEC has general powers to issue cease-and-desist orders “to prevent fraud or injury to the investing public”, and contempt powers):

 

          “RA 8799 Securities Regulation Code. Sec. 5. Powers and Functions of the Commission. 5.1.  The Commission shall act with transparency and shall have the powers and functions provided by this Code,  Presidential Decree No. 902-A, as amended, the Corporation Code, the Investment Houses Law, the Financing Company Act, and other existing laws. Pursuant thereto, the Commission shall have, among others,  the following powers and functions:

 

“(a)  Have jurisdiction and supervision over all corporations, partnerships or associations who are the grantees of primary franchises and/or a license or permit issued by the Government;

 “(b)  Formulate policies and recommendations on issues concerning the securities market, advise Congress and other government agencies on all aspects of the securities market and propose legislation and amendments thereto;

 “(c)  Approve, reject, suspend, revoke or require amendments to registration statements, and registration and licensing applications;

 “(d)  Regulate, investigate or supervise the activities of persons to ensure compliance;

 “(e)  Supervise, monitor, suspend or take over the activities of exchanges, clearing agencies and other SROs;

 “(f)   Impose sanctions for the violation of laws and the rules, regulations and orders issued pursuant thereto;

 “(g)  Prepare, approve, amend or repeal rules, regulations and orders, and issue opinions and provide guidance on and supervise compliance with such rules, regulations and orders;

 “(h)  Enlist the aid and support of and/or deputize any and all enforcement agencies of the Government, civil or military as well as any private institution, corporation, firm, association or person in the implementation of its powers and functions under this Code;

 “(i)   Issue cease and desist orders to prevent fraud or injury to the investing public;

 “(j)   Punish for contempt of the Commission, both direct and indirect, in accordance with the pertinent provisions of and penalties prescribed by the Rules of Court;

 “(k)  Compel the officers of any registered corporation or association to call meetings of stockholders or members thereof under its supervision;

 “(l)   Issue subpoena duces tecum and summon witnesses to appear in any proceedings of the Commission and in appropriate cases, order the examination, search and seizure of all documents, papers, files and records, tax returns, and books of accounts of any entity or person under investigation as may be necessary for the proper disposition of the cases before it, subject to the provisions of existing laws;

 “(m) Suspend, or revoke, after proper notice and hearing the franchise or certificate of registration of corporations, partnerships or associations, upon any of the grounds provided by law; and

 “(n)  Exercise such other powers as may be provided by law as well as those which may be implied from, or which are necessary or incidental to the carrying out of, the express powers granted the Commission to achieve the objectives and purposes of these laws.

 “Under Section 5.2 of the Securities Regulation Code, the Commission’s jurisdiction over all cases enumerated under Section 5 of PD 902-A has been transferred to the Courts of general jurisdiction or the appropriate Regional Trial Court.  The Commission shall retain jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution which should be resolved within one (1) year from the enactment of the Code.  The Commission shall retain jurisdiction over pending suspension of payments/rehabilitation cases filed as of 30 June 2000 until finally disposed.

 “Considering that only Sections 2, 4, and 8 of PD 902-A, as amended, have been expressly repealed by the Securities Regulation Code, the Commission retains the powers enumerated in Section 6 of said Decree, unless these are inconsistent with any provision of the Code.”

 

 

 

 

  

 

 

  

 

 

    

 

    

messages

the gig to go to this mid-week (& a note from Pete Lacaba, yehey!)

Photo by Norbert Rosing. A Pair of Trumpeter Swans Fly Above a Cloud of Steam. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com

           If you’re in my neck of the woods (Manila) on Wednesday, Thursday, Friday, there’s an  international gathering of social scientists, university presidents, deans, professors, practising journalists, labor organizers and labor scholars, researchers, film makers and film critics, lawyers, broadcasters, from Southeast Asian nations, to be keynoted by the Chief Justice of the Supreme Court (Philippines)  (note: TBC), on May 28-31, 2008, Manila, Philippines (at the Century Park Hotel): the “8th ASEAN Inter-University Conference on Social Development” : the biggest bi-annual gathering of academics and social scientists in Southeast Asia

      (See www.asean8iuc.net for details, the logo of the conference is the  sarimanok of Philippine folklore, a  cross between  the Philippine rooster and the Phoenix; swinging a symbolic globe  in its beak).

       The speakers and delegates will present papers, exchange ideas, synthesize and “reflect” (as used in the program) on the issues, and maybe present proposed recommendations: for policymakers and stakeholders.

      It’s open to the public, if  unregistered, you may coordinate with the registration desk. Here’s a summary or list of the speakers in the order of appearance: Prof. Jorge V. Sibal, Mayor Alfredo Lim, Chancellor Sergio S. Cao, Chief Justice Reynato Puno (TBC), Prof. Surin Pitsuan Ph.D; Plenary: Voices of ASEAN Civil Society, Discussants: Christopher Ng, Wigberto Tanada, Prof.  Donald M. Seekins Ph.D. , lawyer Anis Hidayah, Luchie Cruz Valdez (TBC),  Sudaporn Sittisathapornkul,  Prof.  Rene E.Ofreneo Ph. D (moderator).  UP President  Prof.  Emerlinda R. Roman Ph.D (special message).

       Thursday. Plenary: Citizen Journalists & New Media Technology in the ASEAN Region: Prof.  James E. Katz Ph.D., Prof. Lourdes Simbulan (moderator). Parallel Sessions A. 1.Literary as Politicall;  2. Bridging the Arts & Cultural Traditions; 3. Deconstructing Terrorism; 4.Women Issues in SEA; 5.Cinema as a Social Discourse; 6.Institutions without Borders 1.

       Parallel Sessions B: 7. Religious Practices & Movements in SEA; 8. SEA Cultural  Studies &  Practices; 9. Peace-Making & Conflict Situations; 10. Queer Studies & Feminism in SEA; 11. Subaltern Use of Mobile Phone & the Internet; 12. Media Coverage of Gender Issues in Asia (Organized Panel Session).

      Parallel Sessions C: 13. Rethinking Religious Practices;  14. HIV/AIDS & Health Risks; 15. Political Economy of Gender; 16. Human Rights & Regulatory Bodies; 17.Migration Issues in a Regional Economic Community; 18. Rural Labor, Social Development & NGO’s Intervention in South & Southeast Asia. Organized Panel Session.

       Plenary Session 2:  Close Encounters: Working People meet the Academe & the Media. Christopher Ng, Mohammad  Shaffie Mammal, Malou Mangahas, Prof. Aileen Baviera Ph.D., Indrasari Tjandraningsih, Marlene Ramirez. Prof. Shin Yoon Hwan and Mars Mendoza (moderators).

      Parallel Sessions D: 19. New Media & ICT in SEA;20.Social Movements, Civil Society & Governance; 21.Environment  & Natural Resources for Progress; 22.Education in ASEAN Context;23.SEA Economic Development; 24. Probing the ASEAN;25. China & the World: Society, Business & Theory. Organized Panel Session.

       Parallel Sessions E: 26.The Role of Media & Communication; 27.Children & Youth in SEA; 28.Fair Trade, Fair Labor; 29.The Role of Institutions in Regional Integration; 30.The Use of Research, PR & Advertising for Development; 31.Politics & Political Violence in South & Southeast Asia (Organized Panel Session); 32.Institutions Without Borders 2: Cyberspace, Inclusive Civil Society & Market.

        Saturday Plenary Session 3: Globalization and the Future of  Secularism in Asia. Prof. Habibul  Khondker, Prof. Filomeno Aguilar Ph.D., Kwok Kian Woon, Prof. Emma C. Porio Ph.D. (moderator).

        Parallel Sessions F: 33.Labor & the Role of Social Dialogues;  34.The Spotlight on Myanmar; 35.Distance Learning &   Education . Organized Panel Session. 36.The News Media in Transition, the Case of ASEAN Nations. Organized Panel Session. 37.Conflict & Cooperation in Interregional & Intraregional Interactions. Organized Panel Session. 38.Disciplinal Counterdiscourses to Eurocentrism .

      Synthesis of the conference: Prof.  Vedi Hadiz Ph.D., and Christopher Ng, Reflections on the Conference: Prof.  Anne Raffin.

     (Acknowledgements: Hosts of lunch sessions: U.P. President Emerlinda Roman; the De La Salle University; Mayor Alfredo Lim;  the Friedrich Ebert Stiftung foundation; and  Chancellor Sergio Cao).

     This is the gig to go to this mid-week, see y’all there! Check out, too,  the parallel session “Human Rights and Regulatory Bodies”, since this is my blog, i’m plugging it (ha-ha), working it as chair; our speakers/ paper- presentors are: Prof. Rosa Maria Feliciano, topic: “Self- Regulation and the Philippine Broadcast Code”; Kamalaxi G. Tadasad & Harish Ramaswamy, topic: “Effectiveness of Community Solidarity and Promotion of Human Rights: ASEAN Aspirations & Acceptability”; Xu Cong & Dr. Zhengrong Hu, topic: “Departmentalism and Protection of Public Interest: An Analysis of Chinese IPTV Regulation”; Dina Maria B. Delias, “Rights at Risk: Evaluating the Human Security Act of the Philippine Republic”.

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       This made my day. A note from Pete Lacaba ( by the way, the design/ theme in this blog doesn’t show any widgets so my “recent comments” widgets is out; but i wanted you to see Pete Lacaba’s comment because he’s an icon! It’s posted in the April 13, 2007 entry, the links are in dark letters.)  

From Pete Lacaba
http://kapetesapatalim.blogspot.com/ |

      OK din naman ang mga salin mo. OK rin na napansin mo ang nag-iibang kahulugan ng “Mabuhay ka!” in the course of the poem. Check out my own blog for a slightly revised version of the poem (iba nang kaunti sa nasa CD ni Armida), with the proper capitalization and line breaks.

Regards

From “Do not debate with a moron, else you are the moron” – rough translation of a line from Pete Lacaba’s newest poem as recited by Armida Siguon-Reyna, 2008/05/26 at 9:57 PM

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Pete Lacaba’s blog is:   http://www.kapetesapatalim.blogspot.com

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From marichulambino
https://marichulambino.wordpress.com/ | mclambino@up.edu.ph | 203.87.188.34

Wow. Hi Pete! I sort of “sensationalized” the small note from you by putting it on my front page, ha-ha. Thanks thanks thanks. I won’t translate the first two sentences anymore, bahala na ang mga hindi Filipino kung hindi nila maintindihan…. Ok, i changed my mind, i will translate it. Pete said “Ok din naman ang mga salin mo…” “ang mga salin mo” means “your translation”. On the other hand, “Ok” is the Filipino word for…”brilliant!”. Hahaha, I just editorialized it a little. Then he added that it was Ok (“Ok” is also the Filipino word for…. “amazing! Unbelievably awesome!”. Ok, i editorialized again; but “Ok” coming from a world-famous award-winning poet/ writer/ scholar, conferred on me is a big deal for me. When the poet you translated did not get angry with you, you should be happy. Well, i just translated parts, i couldn’t translate many of the figures of speech; ); anyway, he continued:… that i noticed the different meanings or senses; wait, let me edit that translation: the changing meanings or senses of “Mabuhay ka!” (“Long live!”) in the course of the poem. See the rest of it.
Thanks, Pete, and regards! -marichu

From “Do not debate with a moron, else you are the moron” – rough translation of a line from Pete Lacaba’s newest poem as recited by Armida Siguon-Reyna, 2008/05/26 at 11:02 PM