I can’t help myself (Manolo cited me in his column! thanks, thanks!)

       I can’t help myself;  i know that  people who went here yesterday and today have most probably  seen and read Manolo’s column,

but i’m publishing it in full here anyway, because he adds a lot more to the discussion, something i don’t do, (i’m just a lawyer, kid;  i’m saying that using my Humphrey Bogart facial expression and tone in Casablanca, i was inspired by this black-&-white photo to your right)   i try to limit myself to “legal opinions” (i put that in quotes because the  legal opinions in the blog are not written the way i write them when i’m working, ha-ha). Here’s the column; Manolo said the President didn’t care about the law and it (the law) wasn’t the reason why she didn’t order a take-over of Sulpicio Lines (ouch). Of course, Manolo said it better, as follows:

   

                  (Manolo’s avatar at www.quezon.ph )

     He also coined or “Englishcized” the word “busy-bisihan”. I used to have layers and layers of bosses in my previous lives and whenever one of them  was about to walk in the study area or library where we were, someone near the door would shout “O, ayan na, look busy!”, and we’d hide all our junk food and start grabbing our small staplers and started stapling any sheaf of paper in sight.   

                                                                                       

         From www.inquirer.net also linked in www.quezon.ph

 

Quote “The Long View

    Quote “Sulpicio Lines as political decoy

By Manuel L. Quezon III

Philippine Daily Inquirer

First Posted 01:16:00 07/03/2008

      Quote “For once, President Gloria Macapagal-Arroyo and her Cabinet acted with prudence, in resisting the public clamor to takeover Sulpicio Lines. According to lawyer Marichu Lambino in her blog, the President needs emergency powers to do that. Of course, it could be asked whether the administration’s deference to the rule of law has something to do with her closeness to the owners of other shipping lines.

       Quote “The more likely reasons for the President’s solicitude to Sulpicio Lines are three. First, the President realizes asking for emergency powers will reignite public anger over her visit to the United States, and open herself up to embarrassing questions about her handling of Typhoon “Fengshen.” Second, the maritime authorities and agencies (whether Maritime Industry Authority, the Philippine Coast Guard, or even the Philippine Navy) are ill-equipped to take control of a commercial shipping line. And third, it is politically convenient to keep public attention focused on the Sulpicio Lines tragedy rather than allow people to dwell on the implications of the continuing tragedies in the provinces of Iloilo and Aklan, to name just two places devastated by Typhoon Fengshen.

      Quote “But as she hopes people will forget the other typhoon victims and concentrate their rage on Sulpicio Lines, she has to protect Transportation and Communications Secretary Leandro Mendoza, who, in any other country under similar circumstances, would have handed in his resignation by now. Instead, he was on hand to be photographed greeting her upon her return from America.

      Quote “I do not doubt, however, that the President is personally and deeply concerned over the plight of the families of those who drowned in the MV Princess of the Stars sinking, and over the misery and devastation caused by the typhoon in Iloilo and Aklan. I do doubt that the twin tragedies are being handled objectively. This is crisis management, pure and simple. It is about getting over the public-relations hump so as to live to fight, politically, another day.

      Quote “Take, for instance, Vice President Noli de Castro’s fire-breathing pronouncement that he has a suspicion the captain of the ship is not only alive, but is being kept in a safe-house by Sulpicio Lines. Maritime tradition dictates that a captain should go down with his ship; it reserves a special scorn for a captain who allows his passengers to drown and saves himself. Yet all we have is a suspicion that, since it’s been publicly-aired, has the twofold effect of tipping off Suplicio Lines to move the captain to another safe-house (if the rumor’s true) while stoking public anger.

       Quote “On Monday, I ended my column by pointing out that if officials were really interested in improving things, they would have instituted, long ago, the Western practice of holding post-mortems after big events. This is particularly necessary after crisis situations, to see how things can be improved and operate more effectively and efficiently the next time around. Because there will always be a next time, sooner or later.

      Quote “The other day, a lady, whose brother is still among the missing in the MV Princess of the Stars tragedy, told me she was angry at Suplicio Lines not so much because the ship sank but because of the way the shipping line was treating her family and the relatives of the missing and the dead.

      Quote “Among her catalog of grievances was that Sulpicio announced it was giving P2,000 as temporary allowance to passengers from Cebu—only for her family to find out it applied, literally, only to passengers from Cebu City and not to those from Cebu Province (they’re from Mandaue City); that its commitment to defray the cost of passage for families and to give them board and lodging as they trooped to Cebu or Manila, wasn’t being honored: that at best, passage was paid for one way, and accommodations were nonexistent; and that the ordeal family members were subjected to, in identifying recovered bodies, was inhuman.

       Quote “Her last complaint—the indignities distraught families are subjected to—is at the heart of the point concerning post mortems. The families line up, hour after hour; then they are paraded, eventually, before rows of bloated corpses. If they fail to identify their loved one, they must do this again and again, day after grisly day.

       Quote “Neither Suplicio Lines nor the authorities, it seems, have made much of an effort to segregate the corpses according to relative age, or sex, or to arrive at some sort of database by cataloging the details of the missing (including possible identifying marks) to possibly match them to recovered bodies. In 1912, during the recovery of those who drowned on the Titanic, bodies would be photographed, then temporarily interred, which aided identification efforts.

      Quote “We’ve been through all this before. After the sinking of MV Doña Paz two decades ago, this sort of gruesome, continuing trauma, should never have been inflicted on anyone. Having ordered a thorough inquiry, the President could have devoted her organizational abilities to easing the plight of worried families. That would have been in keeping with her declared policy of cutting red tape and instituting efficient management of data within the government as a whole.

      Quote “Instead, yet again, “busy-bisihan.” Yet what other choice has the administration? Since the transportation secretary is untouchable and can’t be fired, neither can the heads of the Philippine Coast Guard and the Philippine Marines. You do not need an inquiry to know they all deserve to quit.

      Quote “Meanwhile, in Aklan and Iloilo, out of sight, and therefore out of mind, the victims of the typhoon turned victims of state inefficiency and ineptitude go starving on. Glory, Glory Hallelujah indeed! In this, the media, particularly broadcast media, have culpability, too. For the cameras are so focused on Sulpicio Lines that neither Iloilo nor Aklan register in their viewfinders. And if the media’s attention wanders to those areas—well, why do you think the Vice President announced his suspicion that Sulpicio is playing hide-the-captain?” closed-quote.

 

Update of Malacañang take-over of Sulpicio Lines (news video produced by www.abs-cbnnews.com )

[kyte.tv appKey=MarbachViewerEmbedded&uri=channels/48209/160742&embedId=49062062]
THIS VIDEO WAS PRODUCED BY http://www.abs-cbnnews.com , used here for educational, non-commercial purposes, under the terms of sharing of specific uploaded news video of said site. The 2.12-minute news video buffers 7-8 times throughout with each buffer taking 5 to 10 seconds. The stats on the video (top of the screen) are the running video stats (currently viewing, and changing) of said site
http://www.abs-cbnnews.com on this particular video; but it’s showing here in this window, too, i don’t know how that works, i just copied the code, ha-ha, i just follow instructions.

This is my update of the previous blog post. because it was stated there that Malacañang discarded the suggestion to take over Sulpicio Lines. Now, they changed their minds and said that they wanted to keep their options open, according to the news report in the video. So, Malacañang is mulling the take over of Sulpicio Lines in case the Board of Marine Inquiry finds, in its investigation, that Sulpicio Lines failed to observe extraordinary diligence in operating MV Princess of the Stars that day, according to a news clip in this video of Executive Secretary Eduardo Ermita’s press briefing.

Shutting down (by revoking their licenses) is different from take- over, so Malacañang will probably have to find the procedure for seizing the ships, equipment, offices; taking over contracts, receivables, cash at hand, bank accounts of the corporation, shares of stocks, personnel, etc. Don’t think it’s simple, you just can’t walk up to the Sulpicio Lines office with a company of Marines and say, “I’m the new owner… where are the ships? My ships.” (i’m just updating my blog post, but will not give here the procedure for take-over, ha-ha. I also wanted to test whether the news video buffers well; to be fair, i tested the competing channel (their online) on previous days, the news videos of the rival channel (in their on-line site) cannot be embedded here.)

The President: correct legal advice in 2 instances; gross negligence of its offices causing thousands of deaths at sea: Sulpicio Lines

   Photo by Kenneth Garreth. A Satellite Dish Silhouetted against the Northern Lights. Used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com  

       The Office of the President got correct legal advice in two instances  in the last two weeks on the handling of Sulpicio Lines. In other words, the correct legal advice  steered it away from constitutional law issues or from committing unconstitutional acts (exercise of powers it does not have, or violating constitutional provisions).

      This is not to say however that its administrative agencies, or the offices under it, have been doing their job as mandated by law, all this time to prevent such tragedies.  

       For preventing the constitutional law troubles,  the office this time got it right: She cannot unilaterally take over private business without proceedings if by eminent domain;  or without legislative authorization if by emergency powers under Sec. 17 of the article on national economy and patrimony (Article 12, Constitution) or Section 23 (b) of the article on the legislature  authorizing Congress to declare a state of national emergency (Article 6, Constitution). The article on the executive (or on the powers of the President),  does not grant her  the power to seize private property  without proceedings  (complaint, hearing, just compensation, if by eminent domain.); the Commander-in-chief powers provision grants her calling-out powers (to call out the armed forces), suspend the privilege of the writ with limits, declare martial law with limits; but not confiscatory powers (if by eminent domain, with proceedings.)

       (at a Cabinet meeting yesterday, the option of unilaterally taking over the Sulpicio Lines ships was discarded.)

      It avoids but does not prevent.  Its administrative agencies did not suspend the licences of  Sulpicio Lines  20 years ago when 4,000 of its passengers perished in  MV Doña Paz,  the mother of MV Princess of the Stars.

     In another instance, too, of correct legal advice, the Office of the President mooted all constitutional law discussions on the presence of USS Ronald Reagan by arranging for off-territory temporary non-aggressive prepositioning (for a few days only and subject to monitoring, i guess). It was able to avail of the “assistance” of the USS Ronald Reagan (i just put  that in quotes because i haven’t seen the photos the fighter jets took or seen any reports on their missions), and at the same time,  since the planes have enough jet  fuel,   to avoid having to tangle with the nuke-free provision of the Constitution by having  the aircraft carrier, from which the jets took off,  prepositioned (very temporarily,  it is hoped) outside the territorial boundaries of the Philippines, or in the high seas.  Pragmatic and lawful, only for now at least.  (I just don’t know how the territorial boundaries were drawn, did they follow UNCLOS, ha-ha.  but that’s a whole lot of discussion. Was it really in the high seas?)

       However, still fresh from the 800 or more persons missing from the MV Princess of the Stars tragedy, over the weekend, two ships collided off the coast of Cebu. You would think that with the size of the ocean (it’s a really big place duh)  the odds would be nil but because of the common sea lanes, the odds are there; the ships are supposed to just greet each other, as in Longfellow’s (pass each other) but in the Philippines, they run into each other literally. Because they’re blind (the blindness, i don’t know if literal or figurative. ( and don’t ask me why they’re blind.).

      Sea tragedies from failure to get enough information, such as the MV Princess of Stars tragedy, are preventable according to experts if only the Philippines had been able to operate its GMDSS (our ex-GMDSS). (Collisions such as that of last weekend are preventable even without that equipment; but, again, ships in the Philippines are blind, again, don’t ask me why. ang kulit ko) 

     The Department of Transportation has grossly neglected acquiring basic equipment for monitoring the movement of storms, ships, hurricanes, tidal waves.  From the Office of the President, here’s a three-year old report of a ten-year saga over the acquisition of a GMDSS (Global Maritime Distress and Safety System). Why is the acquisition of basic safety equipment by administrative agencies a long-running soap opera in this country? Why is it never considered an emergency purchase? Why was it never considered an emergency purchase for ten years? This, the President has powers over: an emergency purchase for the sake of sea travel safety to cut the red tape; but the Office never exercised it, never did anything. Why? Why is the purchase of basic safety equipment a never-ending zero-rating telenovela in these parts? Up to now, it is. No one is making a move. No one. But for the photo  opportunities.

        Here’s a page from the fanta-serye, a status report on the GMDSS from of the Office of the President three years ago (From http://www.medco.gov.ph/medcoweb/progprojl.asp)

XXXXX

 

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Project Details

 

Global Maritime Distress and Safety System (GMDSS)

 

Description:  

Project involves the establishment of shore based facilities for GMDSS through the construction of Maritime Search Communications (MASARCOM) stations in 19 sites nationwide.  

Scope:  

Nationwide 

Status:  

Completed 

Sector:  

Infrastructure – Seaports 

Locations:  

Nationwide (Davao, Zamboanga, General Santos, Surigao) 

Implementing Agency:  

DOTC-CITC 

Donor Agency:  

French Protocol 

Effectivity Date:  

 

Closing Date: 

08 July 2000 

Grant
(In Millions): 

 

Loan
(In Millions): 

 

Mixed Credit
(In Millions): 

 

GOP Counterpart
(In Millions): 

 

Proposed Project Cost
(In Millions): 

 

Type of Assistance: 

CA 

Recent Updates: 

As of March 2005: – The project is suspended due to unilateral suspension of the contract by the Contractor on 15 July 2000. – Several attempts were done by DOTC to encourage the contractor to come to the negotiating table but the demands required by them are not acceptable to DOTC without violating any legal laws. Higher interventions might be necessary to resolve the empasse. – Overall physical accomplishment is 70.29%. The implementation was suspended since July 2000. Works in Aparri, Real, San Jose, Surigao, Zamboanga and Cagayan de Oro substantially completed but no Provisional Acceptance Test (PAT) conducted. – The CITC Chairman has issued a Memorandum dated 8 December 2004, directing the CPMO to reactivate the GMGSS-PMO for the conduct of inventory of facilities and equipment installed and delivered by the Contractor. -DOTC is willing to terminate the contract as long as the terms and conditions of the Termination Agrrement would be mutually acceptable to both parties and without prejudice to the claims available to the government.  

 

 

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