combatants, fugitives, bandits, murder victim, the President, ghosts: Weekend News

combatants, fugitives, bandits, murder victim,

the President, ghosts: Weekend News

(Photo of Bhangarh Fort, India,  right-clicked from Yahoo Philippines as part of the story curated, for non-commercial purposes)

Yahoo Philippines: “The Spookiest Places to Visit in Asia” (story below)

xxx   xxx    xxx   xxx

inquirer.net: “Next AFP target: Al-Barka. By Julie Alipala. Inquirer Mindanao   Local execs seek prior warning, cooperation Basilan leaders want the military to first coordinate with them before launching any combat operation, particularly in the town of Al-Barka where 19 soldiers were slaughtered on Oct. 18.”

Philippine Star: “Ligots missing after arrest order. By Edu Punay and Iris Gonzales (The Philippine Star) Updated October 29, 2011 12:00 AM Comments (114)  . MANILA, Philippines – Justice Secretary Leila de Lima yesterday said she would order a manhunt for former military comptroller Jacinto Ligot and his wife Erlinda after the couple reportedly went missing following the issuance of an arrest order by the Court of Tax Appeals (CTA) for tax evasion.”

gmanewsonline: “Banditry may undo 2001 ceasefire with MILF – AFP. KIMBERLY JANE TAN, GMA News10/28/2011 | 05:10 PM. (Updated 9:20 p.m.) The military on Friday emphasized that the 2001 ceasefire agreement between government and the Moro Islamic Liberation Front (MILF) can stand some review and even changes because the active presence of bandits and criminal gangs in western Mindanao has altered the variables that led to what is now a shaky truce.”

abs-cbnnews: “Bong Revilla’s brother killed. MANILA, Philippines (4th UPDATE) – Ram Bautista Revilla, a half-brother of Senator Ramon ‘Bong’ Revilla Jr., was killed in his home in Parañaque City past midnight on Saturday. xxxSen. Revilla told dzMM that a gunman wearing a bonnet entered the house of his half-brother in BF Homes and then shot and stabbed him and his girlfriend, Janelle Manahan.”

Sun Star news: “Government: Aquino can’t be impeached for funding MILF. MANILA — The Palace dismissed the possibility of impeaching President Benigno Aquino III for approving a P5-million aid for the Moro Islamic Liberation Front (MILF)”

Yahoo Philippines: “Halloween Specials. The Spookiest Places to Visit in Asia: 1. Tuol Sleng Genocide Museum, Cambodia. xxx In the late 1970s, the Khmer Rough used Tuol Sleng Genocide Museum, known then as Pol Pot’s Prison, as a detention and torture centre. Out of the approximately 17,000 people who entered the complex, only a handful of them were known to have emerged alive. xxx 2. Bhangarh Fort, India. xxxThere are a number of myths as to why the city was abandoned almost overnight, and never re-inhabited, but almost all of them conclude that it’s due to a curse (although there are disagreements as to who put it there), and that ghosts now haunt the city.xxx One popular story goes that a magician, Singha Serva wanted to marry the fort’s Princess Ratnavati, and when she foiled his plot to seduce her, he cursed the fort and all its inhabitants.3. Lipe Island, Thailand.xxxAsk a resident if he’s seen a ha-too recently (the Chao-le word for “ghost”), and he’ll tell you he’s seen many on the island – sometimes too many. Not only a belief held by the older generation, Chao-le kids are regularly seen tracking ghost prints left in the sand 4. Himuro Mansion, Japan.xxxThe complex is rumoured to be the home to one of the most gruesome murders in modern Japanese history. The members of the Himuro family, who were is said to be involved in their own dark rituals, were killed by their housemaster, who then in turn fell on his own blade. 5. Liu Mansion of Minsyong, Taiwan. xxx Some believe a maid who died in the mansion’s well still roams the grounds, while others support the theory that the spirits of dead Japanese soldiers who lived near the mansion during World War II have taken up residence there. If you’re in the mood to travel this Halloween, find out who’s right for yourself.xxx”

news & legal issues: cemeteries, ports, battlefields, broken hearts

 news & legal issues: cemeteries, ports, battlefields, broken hearts

There’s a legal issue to every news story… i’m just too: (a) lazy; (b) beezy (busy)

for example….

the legal issue in this story is…. at the foot of the story, proceed  

GMA News TV DZBB:“Mga bus terminal, sea port, airport , hinigpitan na ang seguridad para sa Undas” (Security in bus terminals, sea ports, airports tighten for All Souls Day”)

…the legal issue in this story is: the legality or constitutionality of “border” searches, or searches at sea ports, airports, etc. .. they’re legal.

See…? i told you there’s a legal issue in every news story

xxx   xxx   xxx

ABS-CBN DZMM: “Passengers troop to bus terminals ahead of All Saints Day”

the legal issue in this story is: reasonable searches and seizures. (same as above)

xxx   xxx    xxx

Inquirer.net “Top bandit eludes troops. Fall of rebel camp a victory, says Army. By DJ Yap, Julie Alipala. Philippine Daily Inquirer The enemies were gone by the time troops entered the Moro stronghold in Zamboanga Sibugay province.xxx Soldiers found trails of blood that led to a small mosque in an empty fishing village at Talaib Point in Payao town. Nearby, they saw 15 freshly dug graves but the troops did not disturb these.”

this is international humanitarian law. or RPC (rebellion) — criminal law and constitutional law have different paradigms; or rather, constitutional law has a “wider” or broader paradigm, etc. etc.

xxx   xxx  xxx

Yahoo Philippines: “Bank ‘incident’ ignites Claudine-Raymart break-up rumors anew By Karen Valeza | Yahoo! Southeast Asia Newsroom – 19 hours ago According to  Ricky Lo in his ‘Funfare’ column published in The Philippine Star on Thursday, October 27,  Claudine failed to withdraw money because “the account had zero balance” and that “they (Claudine and Raymart) have been separated for two months now.xxx(S)he came home and found Raymart’s cars missing in their garage. xxx The bank branch manager told them to wait while he prepared a manager’s check because, they were told, the amount was too big. After waiting for 30 to 40 minutes, Claudine and her lawyer asked why it was taking the branch manager time to issue the check, only to be informed that the account had ‘zero balance.’ That’s when Claudine broke down, which was caught by on camera by a 24 Oras news reporter,”  Ricky  cited his source further.”

This is family law — absolute community of property. Secrecy of Bank Deposits act, etc

The GRP-MILF Memorandum of Agreement on Ancestral Domain: A set of provisions preparatory to a negotiated political settlement of the war

  
  

photo by www.luwaran.com used here for non-commercial purposes
photo by http://www.luwaran.com used here for non-commercial purposes

 

 The TRO’ed GRP-MILF Memorandum of Agreement on ancestal domain is a set of provisions preparatory  to a negotiated political settlement of the war between the GRP and the MILF.     

 

    The terms of the negotiated political settlement of the armed hostilities will be contained in a future comprehensive pact, and what the MOA calls a “basic law” for the BJE.

   

 

        As everybody knows, the MILF is an armed group operating outside the legal system of the country and engaged in an armed struggle for “Islamic liberation” (please see their website for the program of government). Therefore, and of course, the provisions of the GRP-MILF Memorandum of Agreement on ancestral domain, and the comprehensive pact that would  follow, are outside the legal framework of the GRP. If the government could decimate the MILF on its own terms it would have done so a long time ago,  in those decades that it was trying to do that, more than a hundred thousand have been killed.  Those who are in the peace panels of the negotiations are, in the main, probably not conferring powers to the other side that it (the other side) does not already have or could wrest but with more blood shed.   In exchange for recognizing the other side there would be a  cessation of hostilities (not shooting at each other) while the comprehensive peace pact holds.

 

        Here are some of the pertinent provisions preparatory to a comprehensive pact.

        To my mind, the most important provision in this entire agreement is composed of four lines, it is the most important but it is also the most vague FOR BOTH PARTIES because it does not use legal terms : “The relationship between the Central Government and the Bangsamoro juridical entity shall be associative characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the comprehensive compact.”

      (The next most important provisions to that  are all those provisions that use the term “territorial jurisdiction”, one set, the term is found in   provisions on territory; “territorial jurisdiction” is a legal term, and when you use a legal term, you  confer powers. The next most important,  another section, the provision that grants the BJE the authority to enter into international agreements.)

       “associative characterized by shared authority and responsibility” is not a legal term/ not legal terms; they’re “social science terms”; in other words, it uses words and concepts not found in provisions of our laws, so, the lawyers will tell you: that has to be specified, we don’t know what it means, we cannot give you a “contract-review” because it is vague: Ask the parties to specify.   

       But maybe it was intentionally meant to be vague. For now.

      Here are some of the provisions:

(ON GOVERNANCE)

     Quote “4. The relationship between the Central Government and the Bangsamoro juridical entity shall be associative characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the comprehensive compact. A period of transition shall be established in a comprehensive peace compact specifying the relationship between the Central Government and the BJE.

XXXXX

 Quote “6.The establishment of institutions for governance in a comprehensive peace compact, together with its modalities during the transition period, shall be fully entrenched and established in the basic law of the Bangsamoro juridical entity. The Parties shall faithfully comply with their commitment to the associative arrangements upon entry into force of a comprehensive compact between the MILF and GRP.

XXXXX

Quote “8. The parties agree that the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of, civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions, necessary for developing a progressive Bangsamoro society the details of which shall be discussed in the negotiation of the comprehensive compact.” Closed-quote.

               (I’m sorry i cannot do a line-by-line for now.)

              In any case, the Supreme Court stopped the signing by way of a TRO and has set the injunction case (the petition for certiorari and prohibition) for oral arguments on August 15.

            The threshold question therefore in that proceeding before the Supreme Court is: DOES THE SUPREME COURT HAVE JURISDICTION OVER ARMED HOSTILITIES BETWEEN THE GOVERNMENT AND ARMED LIBERATION MOVEMENTS WHOSE MEMBERS CANNOT BE BROUGHT TO CUSTODY? I am sorry to ask that question. It is not a legal question; i cannot answer it.