dyaryo magdalo vol 32

8/14/2019 Dyaryo Magdalo Vol 32

1/8

Vol. I No. 32 ISSN 2094-4098 Jan. 18-24, 2010

JOIN CRUSADE TO CHANGE JUSTICE SYSTEM IN RPWE seek to establish ajustice system whereby itis the people themselveswho exercise the power tosay who must be arrestedand brought to trial andwho exercise the power to judge if those brought totrial are guilty or not.

The power to say who

should be tried in courtis now exercised by theprosecutors in the Philip- pines. So that if the one being accused of rape,murder or corruption isinuential, which is mostlikely, the prosecutors

can easily be intimidatedor bought. BUT if we putthis power in the hands ofa Grand Jury, usually com-posing 23 persons selectedby rafe from a voters listand whose names and facesare kept secret, we are fore-closing any opportunity forthe inuential crime doer to

use his power, money andinuence. The role of thescal shall be limited to the presentation of evidencein court. The Grand Juryis vested with the powerto compel intimidated or bought witnesses to speak

up or he will be jailed un-til they agree to speak upby the power of contempt;law enforcers will be com-pelled to gather evidence orthey will be held in jail incontempt until they agree towork as detectives.

Now, the power to saywhether an accused is guilty

or not is exercised by one judge in the Philippines;may be of a regional trialcourt or a municipal trialcourt. As we know or hear,the powerful and rich ac-cused can easily inuenceor buy decisions. BUT if

we place this power in thehands of a Trial Jury, a groupof 12 ordinary persons cho-sen at random from the vot-ers list and whose facesand names are kept secret,we are also foreclosing anyopportunity for the decisionto be bought or inuenced.Here, ordinary persons are

tasked only to know whatis true and what is false; theapplication of laws shall bethe duty of the judge who islearned in law.

The fact that we areforeclosing opportunitiesfor tampering with justice,

we are sure that the abusiveand corrupt shall learn totoe the line and observe therule of law.The vision here is we see

everybody to bePATAS SA BATAS.With jury, all laws can

now be implemented. If wehave laws against discrimi-

nation by one tribe againstanother, or by Christiansagainst Muslims, or by therich against the poor, we cansay that rebellions (by NPAand MILF) will die becausethe root that is discrimina-tion is being attacked by the

Jury System.With all corruption

laws assured of imple-mentation, the usuallycorrupt ofcials will becompelled to stop steal-ing peoples money. Theswindlers will stop be-cause they know the longarm of the law will surely

reach them.Businessmen will dealfairly with the consum-ers because the assuranceof implementation of thelaws keeps them at bay.

Sign up at http://philjury.ning.com.

ARE YOUHONEST,

MANNY VILLAR?

The Rise of

Jackie Rice

American

Juries

The Dream

lives on

6 5 8

LOOK at this equation: MAN + EVIL + LIAR = MAN-EVILLIAR.

This is just a playful gist by some who look at SenatorManny Villar as a dangerous proposition for the presidencyof the Philippines.

Wait. Does this have any meaning at all that this naugh-ty equation came about?

If only to some extent, this equation must have sometruths behind it.

Consider these:First, Manny Villar has enormous amount of money that

he is listed by the reputable Forbes magazine as No. 9 rich-est Filipino;

Second, Manny Villar has been accused of proposing aredesign of C-5 South Extension road project that wouldzigzag his numerous subdivisions and compel the govern-ment to construct good access roads for these subdivisionsand force the government to buy lands from him in order toconstruct the eight-lane highway; and

Third, Manny Villar refused to confront his accusersand the accusations against him.

If one takes cool cash from the treasury of the govern-ment it is plain and simple stealing. That is theft!

But if one who has the power to approve a project pro-poses a project that would compel the government to buylots from him in overly overpriced amounts, is this moremoral than plain and simple theft?

The Villar way

In the case of Villar, he as a senator and his wife Cyn-

INHUMANE ACT -- A boy sits helplessly on the rubble of their house demolished by a team fromthe Department of Public Works and Highways (DPWH) that tore down their shanties along R-10 inNavotas City. The demolition was done to give way to a road-widening project.

PHOTO BY: NICK GALINO

6

DECRIMINALIZE LIBEL!

Privileged Spits By TOTO C. CAUSING

(NOTE: The editor-in-chief decides to publish thisdissertation he wrote for the

National Press Club posi-

tion submitted before theSenate. Some modifcationswere made by the author.)

NATIONAL Press Club(NPC) and almost all the

journalists in the countrywant no less than a decrimi-nalized libel. Even if keepingit as a crime and punishingonly with pushups or smallnes is not acceptable.

The fact that it is desig-nated as a crime is disgust-ing. It is not consistent withthe tenets of any democ-racy.

The Philippines is a dem-ocratic and republican State

where the rule is majority ofthe people and power beginsfrom the people. If there isa conict of interest between

the State and the majority ofthe people, the latter shall pre-vail.

In other words, any lawpassed by the Congress con-stituted by the representativesof the people should be onethat benets the majority ofthe people.

And if the majority of the people demands informationthat can be given largely bymeans of the exercise of theliberty of the press, there is no

point then to put a hindranceto the practice of journalism.

All publications of the me-dia benet the people more incompliance with their declara-

tion in Section 7, Article III ofthe Constitution that they rati-ed, which provision says:

Section 7. The right of

the people to information onmatters of public concernshall be recognized. Access toofcial records, and to docu-ments and papers pertainingto ofcial acts, transactions,or decisions, as well as to gov-ernment research data used as

basis for policy development,shall be afforded the citizen,subject to such limitations asmay be provided by law.

Since the works of jour-nalists are for the benet ofthe people, in whose handsthe sovereign will as to whatwould be the future of theState is vested, there is astronger argument to free the

press than serve the ego andpride of few individuals whoclaim to have been shamed

by the press.

Thus, NPC cannot acceptthe making of the act of pub-lishing, regardless of natureand character, a crime.

And the fact it is now acrime, even if the imposed

penalty would only be ne,still there is the collateralcivil damages arising fromthe crime itself. This is inconsonance with the real-ity that for every criminalact there is a correspondingcivil liability.

The Reasonsor the Position

To page 2To page 2

By RONALD B. HERICO


2/8

Jan. 18-24, 2010

2

ARE YOU HONEST, MANNY VILLAR?thia as the congresswomanrepresenting Las Pias City

proposed the constructionof the Las Pias-ParaaqueLink Road as part of thenew design of C-5 SouthExtension project.

As it turned out, this par-ticular portion of the newC-5 was to pass through thelands owned by the corpo-rations owned or controlled

by Villar.These subdivision lands

already existed in the handsof Villar even before thesaid link road was pro-

posed.So that when the new

C-5 design was approved,

the spouses worked theirway out to ensure that itwas implemented.

They did this by usingalmost all of their Prior-ity Development AssistanceFund (PDAF) and otherallocations. A senator or acongressman has the nalsay as to where to spendtheir PDAF or the so-calledpork barrel and otherfunds inserted in some otheritems but for the concernedsenator or congressman todecide where and how tospend.

So that the record of theDepartment of Budget andManagement (DBM) statinghow Villar spent his alloca-

tions showed that almost allhis pork barrel funds as asenator were heavily spent

for buying his own landsfor this new C-5 road andfor the construction of theeight-lane pavement.

The lands bought fromVillar-owned or -controlledcorporations were paid withthese pork barrel funds atP13,300 per square meter.

The one bought fromMasaito DevelopmentCorporation was priced atP30,000 per square meter,turning out in the end that itwas a corporation of Villarthat received the paymentfor Masaito because hisrm had a land-swap deal

with Masaito.Those lands owned by

other persons were bought

for the new C-5 design at prices as low as P1,600 per square meter. That is,although they are locatedin the same vicinity as thelocation of Villar-ownedlands. The highest price

paid for lands not owned by Villar was P4,000 persquare meter.

If these were the pricesfor the lands not owned orcontrolled by Villar, theseshould have been the justi-ed or reasonable prices.And all the excess amountsare deemed to have beenstolen by Villar.

BATH TIME -- It takes 5 men to lift this Albino Python to take him for a bath. The Malabon Zoo andAquatic personnel do this periodically not only to this python but to all other animals in their keepto make them cool and away from danger the hot weather may bring. PHOTO BY: NICK GALINO

The same thing musthave happened with DaangHari eight-lane highway

that straddles from Lagunato Cavite, passing throughMuntinlupa and Las PiasCities. This project zigzagsthrough at least 24 sub-divisions identied to be

belonging to Villar compa-nies.

Challenged by Villar,Ted Failon of ABS-CBNinvestigated on Daang Hariand he discovered that in-stead of a straight linehighway, the said road wasmade to pass through circu-itous route in order to serve24 subdivisions of Villarto repeat, TWENTY FOURsubdivisions.

These 24 subdivisions

are: (1) Lessandra Bacoor;(2) Siennas Villas; (3) Mer-ida; (4) Fronterra; (5) Ca-mella Molino; (6) Lessan-dra Molino; (7) LessandraBucandala; (8) Bella Vista;(9) Tierra Nevada; (10)Pristina; (11) Terasa; (12)Lessandra Imus; (13) Cer-ritos 1; (14) Cerritos Trails;(15) Cerritos Heights; (16)Lessandra Heights; (17) Co-lina; (18) Portono Heights;(19) Portono South; (20)Ponticelli of Crown Asia;(21) Springville; (22) Cas-sandra; (23) Amal; and(24) Crown Asia.

These two projectsC-5 Extension and DaangHarino doubt increasedto staggering height the

prices of the subdivisionsalong C-5 South Extensionand Daang Hari Road as aresult of the consequential

benets derived out of goodhighways.

Thus, other than prot-ing from unreasonably high

prices paid by the govern-ment to Villar for the landsused for the construction ofthese highways, Villar also

proted enormously fromthe higher prices of his sub-division lands.

VIllars ofcial net asset

increasing

Looking at the State-ments of Assets, Liabilitiesand Net worth (SALN) ofSenator Manny Villar, from1998 when he ran and wonthe post of Speaker in theHouse of Representatives,you can immediately seehis personal wealth rising

from what he listed as 328million pesos.

This personal wealth did

not include the amount of property, money or other-wise, individually listed inthe names of his corpora-tions.

But what is also strikingin his SALN is that he didnot have any debts.

In 1998, Villar did notreport how much real prop-erty (lands and buildings)or money and other per-sonal property that included

jewelry and cars, but helisted he had a total wealthof P328,691,549.19.

In 1999, Villar reportedonly a total net worth ofP328,930,006.19.

In 2000, Villar re-

ported a net worth ofP330,015,855.19.

In 2001, Villar reported a net worth ofP405,517,749.00 withcash and other personal

property amounting toP400,922,930.00.

In 2002, Villar, this timeas a Senate chairman ofthe committee on nance,reported a net worth ofP481,590,874.00 with cashand other personal propertyof P475,706,055.00.

In 2003, Villar reported a net worth ofP531,225,348.00 with cashand other personal propertyworth P526,636,729.00.




In 2007, Villar reported a net worth ofP1,041,383,946.00, withcash on hand of over One

Billion Pesos.In 2008, Villar reported a net worth ofP1,046,651,683.00 withcash on hand and per-sonal property worthP1,027,133,151.00.

The dates of the ap-proval of the new design ofC-5 extension project, the

Publisher:

RONALDO E. RENTA

Editorial:

TOTO CAUSING RONALD B. HERICO

Editor-In-Chief Associate Editor

Disclaimer:

All news articles and opinions expressed by the writers are entirely

their own and do not reect the opinion of the publisher, the manage-

ment or the editor of this publication.

All Rights Reserved:

No part of this publication may be copied or reproduced nor trans-

lated in any language or form for commercial purposes without prior

written permission from the publisher and its writers or columnists.

MAGDIWANG

PUBLICATIONS


A. Article III, Section 4

does not provide exception

First, our Constitution pro-vides no exception to warrantintervention or infringementin the exercise of the libertyof expression, of speech, andof the press.

Let us ask: Is it not ironicthat while other countries suchas the United States of Amer-ica see no evil in libel for it tostay a crime, the Philippineslooks at it with disfavor?

This irony is incompre-hensible considering that boththe USA and the Philippineshave almost the same provi-sion concerning freedom ofexpression, of speech and of

the press.The First Amendment of

the US says: Congress shallmake no law abridging thefreedom of expression

The Philippiness ArticleIII, Section 4 says: No lawshall be passed abridging thefreedom of expression, ofspeech, and of the press

Given this constitutionalrule, why is it that there isstill libel as a crime that can

be used to punish journalists,considering that it clearlyabridges the freedom andkeeps an ever-present chill-ing effect that creeps into themind of every journalist?

From page 1Despite this libel, the State

should be thankful. Press in

the Philippines still appearsto be free. But it is becauseof the devil-may-care atti-tude and the insistence of theFilipino journalists to be free,come what may.

However, this character ofFilipino journalists should not

be an excuse for the State notto act to remove the chillingeffect of the lurking warrantof arrest and too prejudicialtrial.

And to decide to take thisoff belongs to the wisdom ofthe lawmakers. Thus, it isstill the lawmakers, not thecourts, who can have a nalsay whether the said constitu-tional dictum must indeed begiven an absolute or qualiedmeaning.

If in the US there is nocriminal law but only civildamages for libel and it has

proven to be the strongestgovernment in the world, canwe now argue against theirsuccess?

The Soviet was biggerthan the US, but the govern-ments policy of suppressionof expression proved to betelling that it crumbled over-night and the states that brokeout in the process had to go

back to square one.Concededly, the Philippine

Supreme Court has repeatedly

pronounced that although thetenor of the constitutional

provision is very clear, it saysthat it shall not be interpretedto mean absolute freedom.This stand of the High Tribu-nal does not sit well with the

NPC and the journalists.That is, although there

has been no real challenge brought before the court toattack the constitutionality oflibel law.

With the current schools ofthought gripping the minds ofthe legislators and the courtsto doggedly argue for quali-ed liberty of the press byhighlighting the necessity ofsubsequent punishment likelibel law, the NPC can onlyhope and beg.

And now it begs: Pleasegive decriminalized libel achance.

B. Clear and PresentDanger Rule

Clearly Favors Decrimi-nalization

Concededly also, a surveyof the Court decisions on libelcases shows leniency to lawsthat merely apply after the exer-cise of press freedom is done.

Like libel, it only comesin after the publication of thesubject of the action. This at-titude is detestable to the NPCand the journalists.

Before expounding on thismatter, let it be learned there

are four aspects of the libertyof the press:

(a) the freedom from priorrestraint;

(b) the freedom from sub-sequent punishment;

(c) the freedom to gatherinformation; and

(d) the freedom to circu-late, publish or broadcast.

Libel, like inciting to sedi-tion or inciting to rebellion,involves freedom of expres-sion. The Philippine standardto date on press freedom is thatit is alright to interfere by wayof a subsequent punishment.Mere substantive governmentinterest has been advanced to

be enough to justify this act.

That is, although this does notsit well with NPC.

When it comes to the otheraspects of this liberty, the Su-

preme Court is very strict.In the recent Hello Garci

case law, the majority ruledthat the strictest standard ofclear and present dangertest must be the basis to

justify government interven-tioneven if the threat wassupposed to be expressed inthe form of a press release andnot through a memorandumcircular.

The Court said that the press release brought forth

To page 3

From page 1

To page 3


3/8

Jan. 18-24, 20103

construction and paymentsof rights of way thereof,

the construction and right-of-way payments of DaangHari coincided with the

periods of the increase ofenormous wealth of Villar.

His SALN for 2009 has been not available. Thiswas due to the difcultycaused by the recent memo-randum issued by Ombuds-woman Merceditas Gutierr-ez restricting the issuance ofSALN of public ofcials.

No. 11 richest Filipino inForbes list or 2008

However, the reportednet worth of Villar does notmatch the ndings of Forbes

magazine that Villar is No.11 richest Filipino in 2008with a net worth of 425 mil-lion dollars in United States

did Manny Villar tell thetruth in that document sub-mitted to the Senate of thePhilippines?

So far, Manny Villar hasnot explained this.

Whatever would be his justications, it has beensaid that his corporationshave been accused of grab-

bing lands and that he hastaken advantage of his po-sition of inuence that hehas succeeded in taking outloans from SSS, GSIS, Pag-Ibig and Bangko Sentral ngPilipinas through Capitol

Bank, which was owned byhim and his wife.

In 1998, then congress-man Joker Arroyo delivereda searing privileged speechagainst Villar when the latterran for the post of Speakerat the start of the presidencyof Joseph Estrada.

In the said privilegedspeech, Joker accused Vil-lar of using machinationsand inuence to take outloans by the billions of pe-sos from SSS, GSIS andPag-Ibig.

Joker also disclosed inthat speech that Villar madehis realty corporations bor-row billions of pesos of

money from his own bank.This is a violation of theCorporation Code that pro-hibits banks from lending to

its owners, stockholders, of-cers and related interests.

These are the so-calledDOSRI loans.

In other cases, Villarused his Manuela Corpo-ration that has a shoppingmall at the corner of ShawBlvd and EDSA in takingout loans of 3 billion pesosfrom SSS and GSIS duringthe time of President Ra-mos.

The other charge of Jok-er against Villar was thatwhile the ComprehensiveAgrarian Reform Program(CARP) was being under-

taken in obedience to a con-stitutional mandate, Villarscompanies have developed5,950 hectares or almost60,000,000 square metersof agrarian lands into resi-dential subdivisions withoutappropriate DAR authoriza-tions.

Just to give you an ideaabout how big 60,000,000square meters ismy con-stituency of Makati is onlyone-third of that size... LasPias which is the con-stituency of Speaker Vil-lar is roughly 41,000,000square meters. If you addthe entire area of Las Pi-as and Makati, that is the

residential subdivisionscovered by the companiesof Speaker Villar, Jokerexplained.

Political ads

In the last three monthsalone, Villars political ads

jacked up to billions of pe-sos while the other presi-dential candidates werenowhere near in terms ofmoney spent on media cov-erage.

Villar even tapped theInternet advertisementexpenses: from Yahoo toGoogle sites to pop-ups onalmost every social net-work, including FACE-BOOK.

These ads really helped

Villar in boosting his po-litical campaign. He wasable to catch up in termsof surveys with frontrunner

Noynoy Aquino.A 30-second primetime

ad slot would cost aroundP400,000 not to mentionthe fees to be paid for act-ing and producing adver-tisements.

Wealth o three otherpresidentiables no match

The net assets declaredby Senator Noynoy Aquino,Senator Richard Gordonand former Defense Secre-tary Gilberto Teodoro areno match to the wealth ofVillar.

The wealth of the threestayed almost at for ten

ARE YOU HONEST,

MANNY VILLAR?From page 2

a chilling effect becauseit came under the circum-stances when the focal issuesof the press releases wereHello Garci tapes that alleg-edly contain the conversation

between the President and aComelec ofcial, and that theofcials releasing the press

release were appointed by theChief Executive such that theywere expected to make goodthe threat just to serve GloriaMacapagal Arroyos pleasure,the only material qualica-tions to keep their ofce.

Despite the controversy brought about by the HelloGarci tapes that it even nearlysparked a regime change, theCourt said there was no clearand present danger to the ex-istence of the state and of thegovernment to allow the NTCand the DOJ to issue such

press releases.The Court claried that

the same clear and presentdanger test applies on both

the broadcast and print mediawhen it comes to the issue ofwhether the interference isvalid to pierce the no-prior-restraint veil.

Now, we may ask: is itpossible for a clear and pres-ent danger to ever occur inlibel per se as dened by Ar-ticle 355 of the Revised PenalCode?

Clearly it is not.The only possibility where

clear and present dangermay occur is in the cases oflibel directed against the gov-ernment. But it is not denedin our criminal statute as libel,

but as seditious libel, incit-

ing to sedition, or inciting torebellion. This is called inits generic name as politicallibel because they affect thevery foundation of the body

politic, or the government, al-though not necessarily of thestate.

But look, there has never

been a case of seditious libel,inciting to sedition or incit-ing to rebellion led against a

journalist. And if ever there isone, this should set apart fromthe pure libel: that is a pub-lished defamation against the

person and honor of a publicofcial, a public gure and a

private citizen as dened un-der Article 355 of the RevisedPenal Code.

Since there is no clearand present danger to speakof in pure libel, it behoovesupon the Congress to strikeout Article 355 of the RevisedPenal Code and the accompa-nying articles starting fromArticle 353.

Ergo, it is very clear thatthe application of the clearand present danger rule fa-vors the decriminalization oflibel.

C. Balancing of InterestTest

Also Clearly Favors De-criminalization

Let us look at the balanc-ing of interest test.

Let us have it in our mindthat the only justication whya State would make an act acrime is because it is an of-fense against the existenceof the Stateand NOT the

existence of one ofcial solibeled.

Talking about libel per sethat is one of defaming a per-son, it can never be an offenseagainst the existence of theState, or against the existenceof the government.

And talking about the

States interest, there is noother in this case except forthe interest to protect everycitizens honor in order fortheir mind to live in peace inreturn for the taxes he pays.

But contrary to this inter-est, there are three State inter-ests that should stand in theway.

The State of the Philip- pines has these interests: (a)to look good before the inter-national community that it isa state that does not repressexpression and press; (b) tokeep the state strong; and (c)to comply in good faith, as astate party, with the UniversalDeclarations of Human Rights

that calls for respect to libertyof expression in all states asspelled out under Article 19thereof.

If one state has the badreputation of mangling free

press or free expression to the point of necessarily impris-oning and killing journalists,it will face the risk of con-demnation and embargo fromother states.

If one state suppressesfreedom of expression and the

press, the people will be leftwith no recourse to expresstheir sentiments but throughthe barrel of the gun! And ifthe people will resort to armed

DECRIMINALIZE LIBEL!From page 2

To page 4

rebellion because it is prohib-ited to speak, the state will

be in disarray and in dangerof disintegration and anarchyand the state will collapse.

If the State of the Philip- pines will no make free expression and press freedomfree, it will violate the said ar-

ticle of the Universal Declara-tion of Human Rights signed

by the Philippines and enteredinto force on December 10,1948.

This Universal Declarationof Human Rights reads:

Article 19. Everyone hasthe right to freedom of opin-ion and expression; this rightincludes freedom to hold opin-ions without interference andto seek, receive and impartinformation and ideas throughany media and regardless offrontiers.

For sure, most of us if notall will agree that these inter-ests of the State itself are morethan enough to tip the balance

against its interest to protectits citizens honor.

After all, the interest ofprotecting the individual citi-zens honor can be remedied

by a civil action for punitivedamages that is in place underthe Civil Code under the gen-eral law on damages.

Now, let us pit this interestto protect the citizens againstthe interests served by the

publication of defamatory im-putations.

In cases where the defama-tory imputations published aredirected against a particularor group of public ofcials,

of America money.If Forbes is reputable and

its report is to be acceptedas the truth, the equivalentnet money of Villar in 2008should be 19.125 BillionPesos at 45 pesos to onedollar.

In the year 2009, Forbesreported that Villar rose to

become No. 9 richest Filipi-no with a net worth of 530million dollars.

In pesos, this is a stag-gering 23.850 Billion Pe-sos.

Where the hell did Man-ny Villar get this amount ofwealth?

Which is true: SALN orForbes?

And if Villar only report-ed more than one billion pe-sos for 2008 in his SALN,

[Editors Note: This was written by Toto Causing in re-

sponse to the argument of the lawyer of Senator Manny Vil-lar that Manila-Cavite Toll Expressway Project (MCTEP)and C-5 Extension Project, where he is being accused ofmaking a killing, are different from each other. This argu-ment was posted by a blogger named unlighted side onthe website: http://do-not-vote.ning.com]

Hello unlighted side,To begin with, let me tell you that in corruption there is

only one side: THE BAD SIDE.And to sum up the defense put up by Villars lawyer

contending that MCTEP and C-5 Extension Project are twoseparate things, it is a vain attempt to cover up the realstory and to confuse the mind of the people to hide theEVIL MINDs scheme.

Now, let me inform you that there was already a privatecontractor: UEM-MARA Philippines, a consortium of Ma-laysian investors with Filipino counterparts. UEM-MARAhad actually started the project by constructing the pave-ment. But when it found out the construction of the NEW

C-5 DESIGN caused by Villar, it stopped and withdrewfrom the project. Worse, the decision to stop came at atime when it had already spent for the pavement they con-structed. Now, is this fair to UEM-MARA Phils. that thegovernment would in fact kill their investments? How willit get back their investments?

What made UEM-MARA to back out is that they real-ized there was this NEW C-5 being constructed also ad-

jacent to MCTEP. Their logic is simple: WHO AMONGTHE MOTORISTS COMING FROM SLEX OR C-5 POR-TION IN TAGUIG WHO WILL USE THEIR ROADSFOR A FEE when their is exactly this NEW C-5 runningadjacent that is as good yet FOR FREE?

This explains the reason why no contractor would comein place of the one that backed out.

Remember that the NEW DESIGN OF C-5 EXTEN-SION PROJECT was approved to start from South LuzonExpressway (SLEX) and to run in parallel and adjacent with

To page 4

(10) years.

Gilbert Teodoro

Gilbert Teodoro, the Sec-retary of National Defensewhen he announced his in-tention to run for President,was appointed in August

2007 at the age of 43 to be-come the youngest personto ever hold the position.

Teodoros wealth roseslowly from P80,165,731.82in 1998 up to P102,992,890in 2006.

There was no disclosureof his real and personal

properties during the years1998-2001 and 2004-2008.

Richard Gordon

Gordon, who won assenator under Gloria Maca-

pagal Arroyos K4 ticket in2004, listed his wealth in2004 with a net worth of P2-4-M. It slightly increased by

P2.5-M in 2007. There wasno disclosure of his SSALNin 1998-2003.

Noynoy Aquino

Noynoy, who was seri-ously wounded by rebelsoldiers in a failed coup at-tempt during his mothers

presidency and who didnot hold any ofce duringthat term, was elected tothe House of Representa-tives as Representative ofthe 2nd district of Tarlac forthree straight terms.

He ran for the Senate inthe May 14, 2007 midtermelections under the GenuineOpposition (GO) ticket.

His net worth in 1998stated P8.7-M and after 10years it rose to P13.9-M.


4/8

Jan. 18-24, 2010

4

PrivilegedSpits

By TOTO C. CAUSING

the interest of the press isobvious: to serve a socialand moral duty to informthe public about ineptitude,moral or otherwise, underthe constitutional doctrinethat says, Public Ofce is aPublic Trust.

On public ofcials, imputations normally consistin the poor performance ofofcial functions. There isno problem with this, it be-ing immediately discernableas qualiedly privilegedunder subparagraph 2 ofArticle 354 of the RevisedPenal Code.

But some attacks go intothe very private life of apublic ofcial.

Among these privatelife acts of public ofcialsare keeping a mistress, be-ing a drug addict, being agay having a macho man,

being a married womanhaving a paramour, adultery,concubinage, bigamy, beinga gambling addict as he orshe is found always in thecasinos, among others.

These ofcials shouldnot be allowed to invokeprivate life because morethan academic and experi-ence resume, moral tnessis the top most quality that

must be the basis of appoint-ment to public ofce.

There is no need to arguethat a corrupt private life af-fects the performance of anofcial function. A govern-ment ofcial hiding a cor-rupt private life will surelyresort to corruption to sus-tain his or her vices.

Thus, the interest of themedia in exposing these cor-rupt private lives of govern-ment ofcial is obvious: toserve the legal, moral andsocial duty to the countryand people.

Thus, the three interests


of the Philippine state far out-

weigh any interest in protect-ing the honors of citizens orofcials having corrupt pri-vate lives.

On public gures notori-ously or pervasively known tothe public, defamatory impu-tations vary within a very widerange of issues. As a populargure, one has the moral obli-gation to act decently becausehe or she is being idolized bya considerable part of the pub-lic, that there are even somewho would duplicate what-ever their idols do in a blindobedience to somebody beingadmired so much.

Thus, the interest of the

media in exposing those cor-rupt acts of public gures,which happen most oftenamong writers on movies andentertainment, is also to servethe interest of legal, moraland social duty to inform the

public. Like that of public of-cials, the ultimate benet ofthe public is a lesson learnedthat the acts of the said per-sons must not be replicated.

Thus, it is clear that theinterest of the state for themedia in cases of defamatoryimputations against publicgures far outweighs the in-terest of the state in protectingthe honor of these persons,who, in the rst place, do not

deserve protection for volun-tarily doing immoral or cor-rupt acts.

On private persons whoare taken as public gures byreason of voluntary act of stir-ring or joining a controversy,the interest of the media inexposing or criticizing himor her is no less noble thanthat in defamatory imputa-tions against public ofcialsor public gures.

Examples of these kinds of persons are those who com-mit crimes that they can bedeemed to have voluntarily

put themselves into a lime-

light. A private person whovoluntarily joined an ongo-ing controversy like Jun Lo-

zada, the star witness in the NBN-ZTE scandal, cannotcomplain if his honor is beingassaulted.

A private person who com-mits murder cannot complainif the crime itself is discussed

before the bar of public opin-ion. A private person whoengaged in illicit activitiescannot complain if the de-famatory imputations told the

public consisted in those il-licit acts.

Defamatory imputationsagainst these types of personsare qualiedly privileged ifthe ascriptions are limited orconnected to the matters with-in the limited range of issues.

On purely private persons,the defamatory imputationsmay be unjustied and thereis virtually a zero interest formedia on this matter. How-ever, the interests alone of thestate to implement the Uni-versal Declaration of HumanRights and to look good be-fore the international commu-nity are more than enough to

balance the States interest inprotecting the honor of thesekinds of persons.

After all, the state interestin protecting the honor of itscitizens is served by givingthe people the right to seek

punitive damages on top of

moral damage awards, actualdamages proximately causedby the defamations and attor-neys fees.

Ergo, it is very clear thateven under the Balancing ofInterest Test, which is lessstrict than the clear and pres-ent danger rule, the interestof decriminalization of libelfar stands out.

D. Libel as a CriminalLaw

Fails Against SubstantialDue Process Test

It is unfortunate that for

more than three-fourths ofa century, there has been noreal challenge put up against

the constitutionality of libel asstated by Justice Nachurra inhis dissent in Chavez vs Gon-zalez, or what is otherwiseknown as the Hello Garcicase.

The reason that the standof the NPC that libel is un-constitutional is that libel asa crime fails when applied tothe substantial due processtest formulated by jurispru-dence to gauge whether a law,rule, policy or circular lieswithin the framework of due

process in making laws.The substantial due process

yardstick measures whether alaw, rule, policy or ordinanceis constitutional under the fol-lowing apparatuses:

(a) Is the end lawful?;(b) Is the means rea-

sonably connected with theends?

(c) Is the means notdiscriminatory or oppressive?

The purpose of libel law isto protect innocent individu-als from reputation-damaging

publications. No doubt, this isfor the common good and thesubject is lawful.

The means employed toachieve the end or the pur-

pose, which is by imprison-ing those who destroy honorof individuals, is no doubtreasonably connected to the

purpose of the law.But before going further,let us examine how manymeans or ways are availablefor us to achieve the purposeof libel as a crime.

The Sate may resort to giv-ing a cause of action for a civildamages or a cause of actionto le a criminal complaint.

And between the twoavailable remedies, criminallibel is no doubt more oppres-sive and more discriminatorythan civil libel.

The fact that there is anavailable remedy in CivilCode that is less oppressive

and less discriminatory, whichis a civil action for damages, itmeans that employing crimi-

nal libel as a means to achievethe end is unconstitutional.

E. Libel is More of a Pri-

vate DisputeBetween the Libeled and

Libeler

Libel is more of a privatedispute between the libeledand the libeler. The other per-sons who have read or listenedto the libel do not truly care.

Hence, it is best to leaveto them the resolution of theirown conict.

F. Age-old Breach of thePeace Argument

as Justication for Crimi-nal Libel is Obsolete

The original justicationadvanced to justify criminallibel is that it tends to breachthe peace, whereby the one li-

beled would run amuck.This is no longer obtaining

under the present regime.After all, the listener or the

reader has the obligation toreact within the bounds of thelaw or he or she will run afoulwith the law.

And to punish the libeler just because one person ranamok is giving premium tothe amuck than the liberty ofthe press.

Since time immemorial,there has been no report thatanybody ever ran amuck just

because he or she was li-beled.

The fact that breach of thepeace did not happen despitethe fact that many libel caseshave been led and many ex-

poses have been recorded innewspaper and magazine lesis enough proof that breachof the peace argument is ob-solete.

G. Libel is not an Act ofMoral Turpitude

Moral turpitude means

moral depravity.

It is hard to imagine that

defaming anothers honor isan indication of lack of re-gard to morality.

Rather, a journalists de-cision to write and publishabout immoral act of anoth-er is an indication that themedia man has high regardfor moral values.

Thus, if it is not a formof moral turpitude, there isno reason to make libel acrime.

H. Id rather live withabusive reporters thanabusive policemen

Another argument pre-sented by the lowly-minded

persons pretending to beintelligent is that the fearof abusive reporters should

be enough to make libel acrime.

If this is the argument,why do we maintain one na-tional police force? Is it notabusive persons are more innumber in the ranks of thePNP than in the ranks of themedia?

So that if we make libel acrime, is it alright to be fairto the reporters by making

police arrest also illegal?They fear that every re-

port of a journalist mightdestroy their honor. But they

do not fear that every arrestthat may be done by a po-liceman might even be forthe purpose of robbery orthe so-called hulidap.

We in the media wouldrather live in the world ofabusive mediamen for whatwould be injured is only areputation while in theworld of abusive policemenwhat would be destroyed islife in murder or the body in

physical violence.

I. What about false re-ports done to beneft or de-

To page 7

From page 3

the ORIGINAL C-5 EX-TENSION PROJECT forthree kilometers along Mer-ville or so before it veers tothe right to run adjacent toBro. Mike Velardes Mul-tinational Village for alsothree kilometers or so. Afterrunning aside with Multina-tional Village, the NEW C-5DESIGN veers back, to theleft, to form an S curverunning through Villarssubdivision and the last legof the S curve passingthrough Velardes village.From the edge of the Scurve, the NEW C-5 DE-SIGN runs straight downsouth, but this time OVER-LAPPING THE OLD C-5DESIGN for about 200 me-ters until it reaches SUCATROAD (A. Santos Ave.) in

Paraaque. From that inter-section of Sucat, the NEWC-5 DESIGN went downfurther to the south as theso-called Las Pias-Para-aque Link Road, passingthrough Pulang Lupa whereCrown Asia of Villar holdsforth. Upon the other hand,THE OLD C-5 DESIGNwent from Sucat Road to theright, forming a 90% anglefrom the said Link Road, toconnect to the Coastal Roadin Binakayan where you cansee the Fishermans Wharf

beside the bridge. Then fromthe end of the Link Road, thenew C-5 Design connectedto Molino Road in Cavite toform the so-called MolinoExtension Road connectingto Aguinaldo Highway rightwhere you can see the St.Dominic Hospital and Tropi-

cal Hut.So that, the question that

Villar has not answered up totoday: ASSUMING THATTHE OLD C-5 DESIGN orthe so-called MCTEP isdifferent from the NEW C-5DESIGN,will proceeding withthe OLD C-5 DESIGN stilleconomically viable, when thegovernment, through the Pub-lic Estates Authority (PEA),had already paid P1.7 billionto landowners from whom it

bought the right of way for theOLD C-5 DESIGN approvedduring the time of Marcos? IfVILLAR will insist on yes,tell that to the marines! If youwere the motorist, unlightedside, will you still drivethrough MCTEP when thereis an adjacent road equallygood but for free? Will youstill drive through the OLDC-5 ROUTE when your rstexit after reaching the CoastalRoad is the foot of the Caviteyover that is about 200 me-ters from St. Dominic Hospitalwhere the NEW C-5 DESIGNIS FOUND BEFORE GO-ING TO THE STILL-TO-BECONSTRUCTED EXTEN-SION OF THE COASTALROAD?

I have read the responsesof Villars lawyer at the same

site long ago. The responsesare not meritorious ANDEVASIVE of the real issuethat is corruption.

The answer that the NEWC-5 EXTENSION project isan alternative free highwaysmacks of a PILOSOPOTASYO argument. Howcan you call the new C-5 ex-tension design an alternate toa tollway when there is nomore tollway to start with

because that will no longer be constructed because NOTONE INVESTOR will in-vest on it anymore. How canthere be an alternate whenthere is nothing to alter be-cause MCTEP will no longerexist in fact?

Now, it is erroneous forthe Villar lawyer to arguethat MCTEP is a single en-try/exit road while the newC-5 design is an open-accesshighway on any of its parts.Why? The lawyer must behiding the fact that thenDPWH Secretary GregorioVigilar approved in Decem-

ber of 1998 as the chairmanof the Toll Regulatory Board(TRB) the exits proposed byVillar, Velarde and HenrySy.

NOW, how can the lawyerof Villar say that MCTEP is

an elevated highway whilethe new C-5 design is a sur-face road? If I were to be-lieve in this, then there must

be no more need for MCTEPto pay for right of way forlands because it is elevatedabove the houses, anyway,like the very long viaductfrom Pulilan (Bulacan) toSan Simon (Pampanga).And since there is an actualoverlap of 200 meters or soat the end of the S curveto Sucat Road, does it meanto say that MCTEP will be asecond-oor highway? Is itlike the SKYWAY in SLEXwhere the toll is more thandouble the price compared to

passing through the surfaceroad of SLEX? Oh come on.

Now, the said lawyer,whoever is she or he, errone-ously stated that MCTEP andthe new C-5 Design are du-

plicate of each other. Kindlyadvise this lawyer to checkthe dictionary what is themeaning of duplicate. Hemust know that duplicateis an exact copy of the origi-nal. How can this lawyer sayso after elaborating on thedistinctions or differences

between the OLD C-5 design(MCTEP) and the NEW C-5Design? When there are dis-

tinctions, then the two cannever be a duplicate of oneanother.

Now, when MCTEP wasapproved by Marcos, it wasapproved with the name:C-5 (Circumferential Road5) South Extension. Thenew C-5 design, that wasstretched by Villar to threekilometers more, is namedalso as C-5 South Exten-sion. So where is the dif-ference?

Where is the econom-ics of this lawyer and Vil-lar that he had to pursue thenew C-5 design when doingso would entail a cost of SixBillion Pesos to the govern-ment during these timeswhen the government has

been borrowing heavily toarrest the bloating decit ofat least 300 billion pesos?

ONE MORE WORD. Itis incorrect for other Villarlawyers to argue: it was notVillar who sold his landsfor the NEW C-5 Extension

project, BUT IT WAS thegovernment that bought hislands. My golly! Have theyknown that when the spous-es Villar proposed the NEWC-5 Extension design, theirsubdivisions were alreadythere?

From page 3


5/8

Jan. 18-24, 20105

The U.S. jury system de-rived from a British practicethat aimed to protect subjects

from tyranny by the king. Forhundreds of years the systemhas evolved with changes in

society and has survived, stillpresenting a check on govern-ment power. Fred Graham isan anchor on truTV, formerlycalled Court TV, and was the

primary court reporter forCBS News from 1972 to 1987.

In the winter of 2009, in-mates of Roumieh prisonin Lebanon were given

permission to stage aplay.

They chose to perform anArabic version of 12 Angry

Men, originally an Ameri-

can television drama and thena hit 1957 movie, about jurorswho argue bitterly over a mur-der case and eventually ndthe defendant not guilty.

The version put on by theprisoners was a smash success despite the fact that Leba-non, like most nations, hasno trial by jury and all of theimprisoned viewers had beenlocked up without the benetof the kind of anguished delib-erations that are the essence ofa jury trial. In fact, 90 percentof the worlds jury trials take

place in the United States,where the practice is thriving.

What makes the American

jury system so fascinating tothe public? Why does it our-ish in the United States and

barely exist elsewhere? Doesthe U.S. system carry theseeds of its own demise, as inother nations that once used

juries widely and graduallyreplaced them with decisions

by judges?The answers are to be

found in the historical rootsof the American jury systemand the remarkable capacityof the U.S. system to adjustto legal and societal changesthat might otherwise seem tothreaten the vitality of trial by

jury.The American jury system

was inherited from medievalEngland, where panels of 12

free and lawful men in eachcommunity were summonedto help the king do justice. Forcenturies these panels basedtheir decisions on what theyknew of local wrongdoing.But as England became more

populous, these jurors usuallycould not rely on neighbor-hood gossip and increasingly

based their decisions on evi-dence they heard in court. Bythe time the American legalsystem absorbed the Britishmodel, U.S. jurors were ad-monished to ignore anythingthey might know about thecase and decide the facts sole-ly on the evidence presented

in court.The British had regarded

jury trials as a potential bul-wark against oppressive ac-tions by the king, but therewas a more pragmatic reasonfor retaining trial by jury.

English law containedharsh penalties, including thedeath penalty for relatively

petty crimes. British juriesserved to soften the impact ofthis by acquitting defendantsor nding them guilty of lessercrimes.

Resisting Oppression

American law did not posethis problem, but the Ameri-can colonists in the 18th cen-tury had their own reason for

retaining trial by jury theyused it as a shield to blockwhat they saw as oppressive

prosecutions by the British.Repeatedly the British rulersindicted Americans for ille-gally shipping goods in non-British vessels, only to havelocal juries acquit the accused.When the prominent American

publisher John Peter Zengerwas brought to trial for criti-cizing a governor appointed

by the British king, a NewYork jury found him not guiltyand created an early precedentfor freedom of the press. So asthe Americans moved towardrevolution, it was not surpris-ing that in their Declaration ofIndependence they denouncedthe British king for deprivingus in many cases, of the ben-ets of trial by jury.

And when the new nationadopted its Bill of Rights in1791, it specied that in allcriminal prosecutions, the ac-cused shall enjoy the rightto a speedy and public trial,

by an impartial jury. It alsoprovided that the right to jurytrials in civil cases should be

preserved.In the years that have

passed, the U.S. SupremeCourt has interpreted theseguarantees in ways that haveadjusted the concept of the juryto meet changing conditions.

Where jury service wasonce limited to white menwho owned property, the rightto serve on a jury was gradual-ly extended to minorities andwomen. The court held thatthe right to a jury trial did notextend to petty cases, and thatany defendant may waive theright to a jury and go to trial

before a judge. Originally, alljuries had 12 American mem-bers whose decisions had to beunanimous, but the SupremeCourt introduced more ex-ibility into the system by hold-ing that juries may be as smallas six members and that notall verdicts must be by unani-mous votes.

Traditionally, poor defen-dants had to face the prosecu-tors alone before the jury, butthe Supreme Court held thatthe government must provide

mericanA uriesJBy FRED GRAHAM

ANATOMY OF A MURDER (1959) An unlik-able army ofcer is charged in a small town withmurdering a bartender who he alleges raped hisirtatious wife. The realistic lm portrays the be-havior of trial participants as far from ideal, yetallows that even highly imperfect proceedingscan lead to a reasonable, if imperfect, resolution.The judge (played by famous real-life lawyer Jo-seph N. Welch, left) confers with the defense at-torney (played by Jimmy Stewart, center) and the

prosecutor (played by George C. Scott, right).

defense lawyers for them freeof charge.

To some extent, the rightof trial by jury appears moreimposing than it is in reality

because in practice the vastmajority of accused personsdo not invoke their right to a

jury trial. They realize that ifthey go to trial before a juryand are found guilty, theirown misconduct will have

been highlighted by the testi-mony and the judge will tendto hand down a heavy punish-ment. So they enter into a plea

bargain with the prosecutor they agree to plead guilty to alesser offense in exchange fora reduced sentence. The pros-ecution often agrees to plea

bargains because it is sparedthe trouble, expense, and un-certainty of going to trial.

In many jurisdictions morethan 9 out of 10 prosecutionsare resolved in this way, with-out a jury trial.

This heavy reliance onplea bargaining is often criti-cized by observers of theAmerican legal system. Itreects the reality that whilein theory the prosecution andthe defense should have thesame chance of winning be-fore a jury, in fact the pros-ecution usually has many ad-vantages. The defendant hasa right to legal counsel, butfrequently his or her lawyeris a public defender who isinexperienced, overworked,and inclined to settle the mat-ter by a plea bargain ratherthan ght it out before a jury.Moreover, the prosecutiontypically has far more moneythan the defense to spendon investigating the case,analyzing the evidence, andchecking out prospective ju-rors. The result is a degree ofcynicism among defendantstoward the right to trial by

jury, which sometimes seemsto them to promise more thanit delivers in terms of justice.

In fact, scholars, judges,and other observers of the

jury system point to a seriesof problems posed by moderndevelopments that could nothave been imagined by thestatesmen who enshrined the

right to trial by jury in the Billof Rights.

Impact o Race

One of the most troublingof these problems is the impactof race on jury selection. Tra-ditionally, during jury selec-tion both sides were given theright to strike a certain num-

ber of prospective jurors fromthe panel without giving anyreason. In recent years, some

prosecutors have used theirstrikes (called peremptorychallenges) to remove fromthe jury all African Ameri-cans, who the prosecutors

believe are inclined to favordefendants in criminal trials.The Supreme Court has con-demned this practice and hasruled that prosecutors musthave valid reasons for striking

blacks from juries. But the rulehas been difcult to enforce

because prosecutors have be-come adroit in citing reasonsother than race for removing

potential jurors who happen tobe black. The result is a fester-ing resentment among some

black defendants and theirlawyers toward a system thatthey believe denies defendantsa jury of their peers.

Another problem that theU.S. Founding Fathers couldnever have anticipated is the ef-fect of celebrity defendants onthe jury system. The popularityof television and movies in theUnited States has created a ce-lebrity culture in which the richand famous are looked upon bysome people as more deserv-ing than ordinary folk. This canhave a bizarre result when a ce-lebrity is on trial and celebrityadmirers are on the jury.

A classic example of thiswas the 2005 child molesta-tion trial in California of thelate entertainer Michael Jack-son. During jury selectionit became obvious that eventhough jury service in thelong trial would be burden-some, many of the potential

jurors were maneuvering toget on the jury. Spectatorscame from around the worldto see Jackson on trial, andsome of the jurors became

so starstruck they behavedin bizarre ways. To make a

point, one juror smuggledinto the jury room a video-tape of a television account ofthe trial. After the jury unani-mously acquitted Jackson onall counts, two jurors went ontelevision and declared thathe was in fact guilty and thatthey planned to write a bookabout the case.

Book writing by jurors is apersistent problem in celebritycases. For many jurors a bookdeal is the best chance in theirlives to make a large sum ofmoney, and the temptation can

be irresistible. After the sensa-tional 1995 trial of former foot-

ball star and actor O.J. Simp-son he was controversiallyacquitted of murdering his ex-wife and her friend the trial

judge lamented that every ju-ror participated in some formof book project. Legal observ-ers concede that jurors havea First Amendment freedomof speech right to write abouttheir case, but most critics be-lieve that the practice can havean unwholesome effect on the

jury system.Urban America poses oth-

er problems for the jury sys-tem that could not have beenforeseen by the FoundingFathers. Media coverage ofnewsworthy cases has becomeso pervasive that picking anuntainted jury can take weeksor sometimes even months. Anew profession of jury consul-tants has learned to use sophis-ticated polling techniques thatcan help trial lawyers select

juries that are loaded in theirfavor. Jury trials in high-pro-le cases are often so compli-cated that defendants who canafford expensive legal teamshave an advantage, feeding a

public perception that the sys-tem favors the rich.

Despite the problems, thejury system is on a sound foot-ing in the United States. Jurorswield the awesome power ofthe state to punish, or not to

punish, citizens. In that sense,they stand above the sovereign

and that has made them thesubject of fascination aroundthe world.


6/8

Jan. 18-24, 2010

6

Derma Medica

Rolando M. Baltazar, M.D.Phil. Academy of Clinical & Cosmetic Dermatology

Dermatology, Cosmetic Surgery & Vein Clinic

Clinic Address:

S006 2nd Floor, CENTER MALL 2TUTUBAN CENTER, C.M. Recto, Mla.(Atop Dickies, Beside LTO)

Tel. No. 251-6656CP No. (0921) 547.6889

The Rise ofJackie RiceAS they say in showbiz, op-

portunity knocks only oncebut if you are a good personnothing can put you downand instead career can be

prolonged until you becomegood at your craft and adored

by many.This maybe the innova-

tions on the part of Jackieslife, after second chances thathas been given by GMA net-work wherein she has startedas a star.

It is truly that road to star-dom may have been tough,hard and difcult, neverthe-less, it is not too late for her.

Though she has not yetreached the popularity thatIwa Moto has today, the

crowned Ultimate Survivoris very well condent that shewill attain it.

gimmick.

However, her father, whowas a newspaper dealer, hasthe American mentality of ahard worker to support hisown needs, asked Jackie toalso work hard to have moneyof her own.

She entered modeling, beauty contests and bikinicontests and also joined theBb. Zambales during her earlyage.

In December 2005, GMAKapuso Network opened an-other opportunity to all teensas they started the Third Sea-son of their reality-based ar-tista search entitled StarStruckSeason 3: The Nationwide In-vasion.

GMA launched the saidthird season in all the majorprovinces all over the Philip-

as one of the three from the

contestants who opened thevery condential le from oneof the shows computers andinformed the others the infor-mation they have read. Alsoimplicated were Jana Roxasand Sara Larson.

Larson was eliminatedthe same week when thatcontroversy happened.But despite Larson beingout of the contest, the ght

between the entire contes-tants has continued as bothJackie and Jana accusedfellow Starstruck contes-tant Arci Muoz as theone who made the story toimplicate them.

Despite said contro-

versy, Jackie won thecontest when she was proclaimed as the Ulti-mate Female Survivoralong with the late MarkyCielo who won the Sole Sur-vivor and Ultimate Male Sur-vivor title.

Due to her success in thesaid reality-based artista con-test, GMA launched her rstappearance where she will

be portraying her own self inthe defunct Magpakailanmandrama series based from herreal life story.

In 2006, Jackie has becomeone of the added members inthe SOP (Sobrang Okey Pare)variety show and thereafter

in SOP Gigsters who rolledas Ultimate Sweetheart, airedconsecutively every Sundayafternoon.

Jackie continuously growson her acting career. She start-ed to use her acting ability ondifferent roles as GMA starredher in Love to Love Season 10where she played the role ofClaire and in the Season 1 ofGMAs fantasy-action-adven-ture series Fantastic Kids.

Jackie has become morepopular when she appeared inEncantadia: Pag-ibig Hang-gang Wakas where she por-trayed the role of Armea.

In 2007, Jackie appearedin Fantastic Man as the lead-

ing lady of Mark Herras.However, the showbiz

lime light of Jacky becamedim when she got involved indifferent controversies. Therewere frequent reports to GMA

Network of seeing her in par-tying wildly, smoking anddrinking beer. She also beganto earn the negative title ofPasaway from different show-

biz critics and writers.GMA Talent Center, where

Jackie is one of the members,did not tolerate the kind ofattitude that she has to bemade. Thus, Ida Henares is-sued a suspension of 6 monthsagainst Jackie.

Jackie had lost all of herregular shows and only al-lowed her as guest in a limitedshow of the said network.

In 2008, Jackie has givenanother chance to revive hershowbiz career, despite con-troversies about her charac-ter. GMA network tested her

by giving one project at atime. She joined the casts ofDyesebel as her rst appear-ance after she got suspended.She played the role of one

of the mermaids in the saidseries that starred by MarianRivera.

The year 2009 was saidto be the year of Jackie Ricewhen she was included in asupporting cast in the GMA

Networks primetime showentitled Hinugot Ka Lang SaAking Tadyang starred byDingdong Dantes and MarianRivera.

However, someone tried topull her back in the dark, thistime was not her past pasawaycharacter, but her relationshipwith one of GMAs artist.

She did not let another

blow to cause another de-bacle in her career. In a wisedecision, she had chosen hershowbiz career and turn awayfrom her love life.

Positive results happenedfrom her right and bright deci-sion as GMA Network includ-ed her in the afternoon soapentitled Sine Novela: KungAagawin Mo Lang Ang La-hat Sa Akin opposite MaxeneMagalona, Glaiza de Castroand Patrick Garcia.

She also appeared in acameo role in Ikaw Sanawhere she played the role of

Nina.Thereafter, major roles

have come her way. She appeared as one of the mainvillain in GMAs top rated

primetime show Darna. Shealso started to be seen in Bub-

ble Gang.In conjunction with her

second chances at stardom,Jackie Rice was chosen to bethe cover girl of Maxim in itsJuly 2009 Anniversary edi-tion.

Continuous blessings for

her as GMA announced thatshe will be cast as one of thestar in the upcoming PandayKids.

Despite more blessingscoming in, Jackie has chosento be simple, but more skinhas to be revealed.

More skin and more daringthan the rst pictorial appear-ance she promised her fans,she became the cover girl inthe New Years blast of FHMJanuary 2010 edition. Based

on records, Jackie Rice rankedNo. 54 sexiest in 2006.

Jackie Rice promised herfans that she will now be moremature in terms of prioritizingher showbiz career and never

be back again in the dark.Her star is now consis-

tently rising even outside theshowbiz arena. She is hopingthat someday she will n-ish her school and get a col-lege degree. She believes thatgood education will help herto become a more successful

person in the future.All Rise! Dyaryo Magdalo

salutes Jackie Rice.

Jackie Sobreo Rice was born on April 27, 1990 in

Dinalupihan, Bataan. She isfrom a Filipino-American an-cestry. Her mother, Victoria,is a Filipina and her fatherJames Rice is an American.

Pot Pot, as she is known toher close friends and family,got her rst job at the age of13. She then received a salaryof P200.00 per day from herwork as time-keeper in a car-race in Subic.

Before she had the job, shewas then a happy-go-luckygirl who likes to go out withher friends. She always askedP100.00 every Saturday, whowas then a big amount ofmoney to support her weekly

pines, an opportunity she heedas she was then only involved

in activities in the entire prov-ince of Zambales.

Thousands of teenagersjoined but only fourteen madeit to the screenings and inter-views. And one of them is the

pretty, charming and very tal-ented Jackie Rice from Olon-gapo, who was then 15 yearsold when she competed in thesaid reality-based show.

During the entire contest,Jackie showed her talents insinging, acting, hosting, anddancing. However, carried byher young age, Jackie has beeninvolved in a controversy.

She was named by one ofthe shows council members

By OMAY E. RENTA


7/8

Jan. 18-24, 20107

EXTRAJUDICIAL SETTLEMENT OF ESTATEwith

Special Power o Attorney

KNOW ALL MEN BY THESE PRESENTS:We, the compulsory heirs and wie o the decedent, MAGNO FELIPE MOLLENO, who are named as ollows:1. Michael Rovira Molleno child o the decedent born on July 17, 1975;2. Melvin Rovira Molleno child o the decedent born on March 17, 1977;3. Merhusela Rovira Molleno child o the decedent born on August 9, 1981;4. Miraor Rovira Molleno child o the decedent born on April 26, 1983;5. Melchora Maamo Rovira Molleno widow o the decedent;hereby extra-judicially settle the estate o Mr. Magno Felipe Molleno who died on January 6, 2005 in Taguig, con-

sidering that he let no will and no debts, that all the compulsory heirs are o legal age and present in this Extra-judicialSettlement o Estate, that there is no personal property let but a mere interest in a real property consisting in the award by

the Home Guaranty Corporation (HGC) or a condominium unit located at BLDG. D Unit 107 C-5 MRB Project Ususan,Taguig City.When the decedent died, hal o the interest in the said property went to the compulsory heirs and the other hal

remains with Melchora Maamo Rovira Mollena.Further, the widow has a share o interest with the said hal o the rights that went to the compulsory heirs applying the

Law o Succession under the Civil Code o the Philippines.Be that as it may, the herein compulsory heirs and their mother Melchora Maamo Rovira Mollena have to share into

fve equal parts the said rights o the decedent to the said award by the Home Guaranty Corporation (HGC).Additionally, the herein compulsory heirs and their mother Melchora Maamo Rovira Molleno hereby agree as they

hereby agree to name, appoint and constitute the said Melchora Maamo Rovira Mollena as their true and lawul attorney-in-act to act as i they were present concerning the said rights and as such the said attorney-in-act is authorized to perormthe ollowing powers:

1. To negotiate with the National Housing Authority (NHA) on how to pay the required downpayment and requiredmonthly amortizations and other charges that go with the award o the said condominium unit;

2. To enter into a contract o assigning all the rights o the compulsory heirs to the said award o the said condominiumunit with the objective o relieving all compulsory heirs o possible debts or liabilities that may arise rom the ailure tocomply with the requirements o the said award o the said condominium unit; and

3. To perorm all other powers necessary and implied rom the exercise o the oregoing powers, including the powerto sell the same rights i n ecessary or the objective o relieving all parties o liabilities arising rom the said award.

All these compulsory heirs hereby RATIFY and CONFIRM the exercise by the said Attorney-in-Fact o the oregoingpowers specially authorized or her to exercise.

IN WITNESS WHEREOF, we hereby sign this Extrajudicial Settlement o Estate with Special Power o Attorney on this____ o December 2009 in the City o ____________.

Michael Rovira Molleno Melvin Rovira Molleno

_____ ID No. _____________, _____ ID No. _____________,valid until ______ _________; valid until _______________;CTC No. ________________, CTC No. ________________,issued on _______________, issued on _______________,issued in ________________. issued in ________________.

Merhusela Rovira Molleno Miraor Rovira Molleno_____ ID No. _____________, _____ ID No. _____________,valid until _______________; valid until _______________;CTC No. ________________, CTC No. ________________,issued on _______________, issued on _______________,issued in ________________. issued in ________________.

Melchora Maamo Rovira MollenoPOSTAL ID No. 3330948,valid until: Jan. 27, 2010;CTC No. 19317531,issued on Feb. 19, 2007,issued in Taguig City.

Witnesses:

Sign: ______________________ Sign: ______________________Name: _____________________ Name: _____________________

Address: ___________________ Address: _______________________________________________ ____________________________

x - - - - - - - - - - - - - - - - - - - - - - - - - - - xRepublic o the Philippines )City o )SC

ACKNOWLEDGMENT

BEFORE ME, in this City o ___________, on this ______ o December, 2009, personally appeared (1) MichaelRovira Molleno, (2) Melvin Rovira Molleno, (3) Merhusela Rovira Molleno, (4) Miraor Rovira Molleno, and (5) MelchoraMaamo Rovira Molleno, who exhibited their evidence o identity as written below their names above, known to me andto me known to be the same persons who executed the oregoing Extrajudicial Settlement o Estate with Special Power oAttorney, and who acknowledged to me that the same is their voluntary act and deed.

This instrument o three (3) pages including this Acknowledgment has been signed by the parties and their witnessesat the end thereo and on the let margin o all other pages.

Witness my hand and seal.

Notary PublicDoc. No.: ____;Page No.: ____;Book No.: ____; Publication: DYARYO MAGDALOSeries o 2009. Date: Jan. 18-24, 2010

THE local government of Malabon City is currently beeng up its disaster-preparedness campaign by building bancas to be used when calamitiesstrike. PHOTO BY: NICK GALINO

TWO great Filipino sport

achievers who have ex-celled in their respectivecrafts have been hailed asthe decades best for theirworld-class achievements.

Emmanuel MannyPacquiao, the worlds onlyseven-division champion,and Efren Bata Reyes,one of the worlds mostdominant gures of bil-liards, were recognized asFighter of the Decade andPlayer of the Decade bythe Boxing Writers Associ-ation of America (BWAA)and the United States Bil-liard Media Association(USBMA), respectively.

BWAA also named Pac-

quiao Fighter of the Yearfor 2009, the same recogni-tion that was bestowed onhim by the prestigious Ringmagazine and the illustri-ous ESPN.

This makes him only the

fth boxer in history to winthree BWAA best ghter

plums after MuhammadAli (1965, 1974 and 1975),Joe Frazier (1969, 1971 and1975), Sugar Ray Leonard(1976, 1979 and 1981),Evander Holyeld (1990,1996 and 1997).

In achieving the recog-nition, Pacquiao registeredan impeccable record of 24wins, a single defeat, andtwo draws over a 10-yearcareer, dominating some ofthe greatest names in post-war boxing that includedformer world championsErik Morales, Juan ManuelMarquez, Antonio MarcoBarrera, Oscar dela Hoya,Ricky Hatton, David Diaz

and Miguel Cotto.Aside from being the boxer to have gained uni-versal recognition as theonly ghter to claim linearchampionships in four di-visions, namely yweight,

featherweight, super-feath-erweight and light-welter-

weight, Pacquiao has alsobeen cited by Forbes, Time,and AskMen.com, to namea few, as one of the worldsmost powerful celebrities.

On the other hand,Reyes, known as the Ma-gician for his amazingshots, won over 20 majormens professional pool ti-tles during the decade, thatincluded two of the richestpurses in the history of thegame.

He is not only the rstFilipino to be installed inthe Billiards Congress ofAmericas Hall of Fame,Reyes is also the rst non-American champ in US

billiard circuit, the rstFilipino to become WorldProfessional 9-Ball champion, the rst World PoolLeague champ, and theonly ve-time World 8-Ballchamp.

stroy one candidate?This should not be a prob-

lem.

Let me say: THE BESTTEST OF TRUTH IS TO LET

ALL INFORMATION FLOWAND CLASH FREELY.

If one feels that a reportabuses him or her or is false,he or she can always makehis or her own report to coun-ter it and post it in blogs or

publish his or her own newspaper or send it to all radioand television stations andnewspapers.

The marketplace of ideasmust forever be allowed toexist if only to strengthenand improve understandingamong the peoples of the vari-ous clashing ideas.

Let me cite one: AllowMuslims to expound theirideas on religion although it

might be diametrically op-posed to the Christian teach-ings, and vice versa.

To put any hindrance tofree ow of ideas and in-formation is to suppress theliberty of the press. It willinstead encourage rebellionto the mufed voices, neces-

sarily risking a democraticsociety.

Now, if they fear aboutfalse reports on the elections,these are unfounded becauseyou can always make a coun-

ter-report for the truth to comeout.

Those who are not workingin the media can easily shoutabout abuses of the media.

But they have not felt theviolations brought about by thewarrants of arrest put out be-cause a corrupt ofcial led acomplaint for libel after a reportabout corruption. Can a reporternow write as a duty to the publicif these warrants of arrests, tri-als and threats of imprisonmenthover over his or her head like asword of Damocles?

At the same time, IMAG-INE A WORLD WITHOUTREPORTERS!

One more enemy of the

press is the fact that NEWS-PAPERS ARE DYING DUETO THE ONSLAUGHT OFELECTRONIC MEDIA. Thismay render journalism pro-fession meaningless so thatnobody would be interestedanymore to work in this noblevocation.

Come on, please under-stand the deeper substance ofPress Freedom.

After all, there is a remedyto counter bad press releases

by using almost unlimited

media apparatuses.With more reason that the

decriminalization of libel beupheld considering the factthat INTERNET MEDIAHAS PROVIDED VIRTU-ALLY LIMITLESS MEANSFOR ONE DEFAMED TOARGUE BEFORE THE BAROF PUBLIC OPINION.

MY RULE OF THUMBIS: Fight words with wordsand not with swords.

So that those who advo-cate stricter media control areUNPATRIOTIC!

I hope I have opened yourmind to this idea!

The Conclusion

The reasons presented forthe decriminalization are ob-viously overwhelming.

As such, it stands to reasonfor the Senate and the Houseof Representatives to GIVEDECRIMINALIZATION OFLIBEL A CHANCE.

DECRIMINALIZE LIBEL!From page 4

2 Pinoy sports icons honoredMoreover, he is the only

three-time All-Japan 9-Ball

Championship winner, therst man to win both the1-pocket and 9-ball divi-sions in the 2005 AnnualDerby City Classic (US)and the Master of theTable, and the rst 4-timeconsecutive champ of theannual Derby City Classic(2003-2007) in Kentuckywhere he was crownedMaster of the Table in2007.

Like Pacquiao, he washonored by Time in 2001as the sole bona de inter-national sports superstarand named Player of theYear by the US magazineBilliards Digest in 1995.

Pacquiaos and Reyesfeats follow the achieve-ments of another world-renowned Filipino sporticon, Rafael Paeng Nepo-muceno, the rst bowler to be enshrined in the Inter-

national Hall of Fame inMissouri, USA, and winner

of the Mort Luby Jr. Distin-guished Service Award ofthe World Bowling WritersAssociation in 2009.

Nepomuceno is ac-knowledged as the rst andonly man to win four FIQcrowns, a holder of threeGuinness world records,winner of the InternationalTournament championshipin Las Vegas in 1984 andthe World Tenpin Masterschampionship in Londonin 1999.

Aside from being theBowler of the Year in1984-85, he is the only bowler to have won 118tournaments, a record that

is also recognized by theGuinness.The feats of Pacquiao

and Reyes, interestingly,were announced on thesame day that another Fili- pino, Teolo Yldefonso,

two-time Olympic bronzemedalist who died duringthe war, was chosen for in-duction in the InternationalSwimming Hall of Famethis year.

He will become the rstFilipino to be installed ina Hall of Fame for a sportplayed in the Olympics.

Yldefonso nishedthird place in the 200-me-ter breaststroke in the IXthedition of the OlympicGames in Amsterdam in1928, breaking the Olym- pic record in the medalround, and took the sameaward four years in the LosAngeles in 1932.

Other Filipinos whomade it to the Hall of Fame

were former Rizal Gov.Isidro Rodriguez and Erib-erto Landero, who were in-ducted in the InternationalSoftball Federation Hall ofFame under the non-athletecategory.

By TONY FIGUEROA


8/8

Jan. 18-24, 2010

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THE DREAM LIVES ON

Z Gorres answers questions from the media upon his arrival from the US where he underwent brainsurgery for injuries sustained in a boxing bout 3 months ago in Las Vegas, Nevada.

BOXER Z TheDream Gorresis back in Ma-nila on Tuesdaymorning after

courageously ghting backfrom the brink of death follow-ing brain surgery after a worldchampionship ght againstLuis Melendez of Colombiain November last year in LasVegas, Nevada.

Gorres, who lost weightand had slight difculty inhis speech, arrived with hiswife Datches and Dr. BenitoCalderon on board PhilippineAirlines ight PR 107 fromLas Vegas.

Despite his condition, Gor-

res managed to strike a posefor photographers before beingwhisked away with his wifeto a connecting ight to CebuCity to be with their four kids,to meet members of the Cebumedia, Cebu City ofcials,ALA Gym stablemates, Cebusportswriters and friends.

Gorres has come homewithout a world title but withanother glowing example ofthe indomitable courage of theFilipino and the remarkablecapacity of Filipinos to helptheir countrymen in their hourof need.

Dr. Calderon, one of his benefactors, is the current president of the Philippine

Medical Association in LasVegas. He and his colleagues

to thank our Lord God for giv-ing me another chance in life .. . I know he still has big plansfor me, Gorres said in Fili-

pino upon his arrival.When asked what he re-

membered from his ght, Gor-res said, I cant rememberanything from the ght, every-thing seems to be a dream.

Gorres said it was his wifewho told him that he just cameout from the comatose and thathe won the ght against Co-lombian Luis Melendez.

Gorres got hit by a leftcross from Melendez in thenal round of that nightmar-ish ght, managed to get upfor his win. However, he fell

unconscious before leavingthe ring.Kung ako ang nanalo, e

bakit ako nandito [hospital]?[If I won the ght, then whyam I here?] Gorres recountedasking his wife after wakingup.

Surgery

Gorres was hospitalized atthe University Medical Centerin Las Vegas, Nevada after hisleft part of the body became

paralyzed immediately afterwinning his bout against Me-lendez on November 13.

Gorres suffered a strokeand had a blood clot in his

brain because of the poundinghe received from Melendez.

lift his left arm and leg and cannow walk with the help of awalker, Calderon said.

The convalescing Gorresmade his rst public appear-

ance at the Pinoy Power cardlast Saturday at the Las Vegas

According to Gorres wife,Pacquiao approached her hus-

band while they were watch-ing the Pinoy Power 3" cardin Las Vegas, and told him to

get well soon.Z, pagaling ka, huwag

kang mag-alala, tutulunganka namin (Z, get well. Dontworry, well help you)," sherecalled Pacquiao telling herhusband.

Gorres thanked all his sup-porters who helped him duringhis ordeal including MannyPacquiao who promised to or-ganize a fund raising event tohelp him pay his hospital billthat reached around $550,000(P25.473 million).

Gorres bill

A team of University of Nevada Las Vegas law stu-

dents are working on a legisla-tive proposal that would ensure

boxers to have catastrophichealth insurance before theyenter the ring.

Boyd Law School studentJayme Martinez , who isstudying to pass the bar exam,met with Gorres along with lawschool professor Correales andrst year law students JonathanWinn and Ryan Devine at theclinic of Dr. Ben Calderon todiscuss and take the lead in the

preparation of a legislation togive ample medical coveragefor all professional boxers.

Martinez said she has long been interested in the welfareof boxers because her husband

trains young ghters. She not-ed that Their life often is notan easy one. Very few get themoney of world champions,

and they just struggle to makeit. But they want to make it ontheir own. They don't want tohave insurance problems.

Another bit of good news

was the plan for a Gorres Billin Nevada that will increasethe insurance coverage of box-ers from $50,000 to $1 mil-lion. The bill will ensure thatevery ghter is well-coveredand protected for their hospitalexpenses.

Dr. Calderon believes thatthe law could be passed in2011.

Boxing acionados arefamiliar with the MuhammadAli Boxing Reform Act andthe Professional Boxing SafetyAct which are important piec-es of legislation that beneted

boxers practicing their profes-sion in the United States.

Boxing bill in RP

Would it be too much to askif our lawmakers think of simi-lar bills that will benet boxershere in the Philippines?

Dozens of our lawmak-ers and government ofcialsocked to Las Vegas to watchand cheer for Manny Pacquiao.

Nothing wrong with that; the powerful and the privilegedalso have the right to savour aPacquiao victory just like the

Z Gorres is carried out in a stretcher after collapsing atop the ring in hiswinning ght against Luis Melendez of Colombia.

have been assisting Gorresin raising funds for his medi-cal bills which have exceeded550,000 dollars.

Dr. Calderon describesGorres as a miracle kid.

Mentally, he is back.Dr. Calderon said. His motorskills have improved. Thereis still weakness on his leftside. But we'll see more im-

provement within the next six

months.My sincerest thanks to

all the Filipinos who gave metheir support. I would also like

Doctors at the Nevada hos-pital opened his skull to drainthe blood and relieve the pres-sure on his brain, which left the27-year-old boxer in a comawith doctors leading to believethat he will not survive.

But after three weeks, Gor-res woke up from the coma-tose and immediately begantherapy and miraculously wasable to move parts of his left

body.Its nothing short of a mir-

acle! Just weeks after wakingup from the coma, Z can now

Hilton (Sunday in Manila).He watched compatriots

Nonito Donaire, Jr., BernabeConcepcion and Mark JasonMelligen beat their respectiveopponents, and Ciso Moralesand Gerry Pealosa bow totheir rivals.

Pacquiao to helpshoulder rehab eorts

Filipino boxing icon Em-manuel Manny" Pacquiaowill help shoulder the rehabili-tation expenses of Gorres.

underemployed and hungrymasses.

Pacquiao will not ghtforever. Sooner or later, hewill have to pass the torch to

another generation of boxers.Pacquiao is also an exceptionto the exception, not just interms of his boxing ability butin his nancial security. Fili-

pino boxers retire without thebenet of a pension fund.

There is nothing wrongwith a government ofcial

posing with a victorious boxer.But it would be better if theycan come up with somethinglong term and sustainable thatcan help boxers who nevermade it big. Many of thesedestitute and disabled pugilistsonce proudly waved our agwhen they fought on foreignshores.

But would it be better if

the powers that be who will be asking for our votes a fewmonths from now leavesomething behind that willhelp boxing?

Gorres will be honored bythe Cebu Sportswriters As-sociation this March 11 witha Presidential Award. He mayhave come up short in hisworld title bid against Fernan-do Montiel three years ago buthis dream lives on among hisstablemates in the ALA Gym.

dyaryo magdalo vol 32

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