Friday, January 9, 2015

Our kids abroad: Part III (Japan)

Sooo hey there! Vito & Manu with another travel blog post!!!!!

Japan

We arrived in Tokyo, Japan on December 28, 2014. Time Zone there was UTC+9:00. We met everyone who was on the tour with us. We met the tour guide - his name was Mr. Chris. We put our luggage on the bus and we rode the bus to Excel Hotel Tokyu Narita. After that we went to an AEON Mall. We stayed there until around 5:30 or 6:00 pm. We went to the hotel and slept there one night.




The next day we ate breakfast fast and then we went to the bus and rode to the Tokyo proper. We rode across the city and stopped at Meiji Shrine. We went around the path and reached the Shrine. We walked around it and saw people writing their offerings and other stuff like that. After that we walked back to the bus and rode to the Tokyo Tower. Mommy and Kuya Vito immediately ran inside. I don’t know if it was the cold or the shopping center there. Daddy and I walked outside slowly and took photos (and selfies) of us and Tokyo Tower. We went to the bus (again) and drove to Asakusa. We had lunch there. Kuya Vito used a spoon but I used chopsticks. I ate some shrimp and ate rice and slurped some soup. But I remembered I had a teensy weensy allergy with seafood. So I got itchy. After lunch Mr. Chris said watch out for pickpockets at Asakusa Shrine. The other tourists and us split up and we walked to the waiting area of our fellow tourists. (The other tourists were all Filipinos.) When they arrived we jumped on the bus again then went to Ginza. Then we bought toy trains called Plarail from Toy Park and Mommy and Daddy bought clothes. When we met at the meeting spot again in Ginza,we hopped on the bus to Hotel Grand Palace. On day 4 we will have a new tour guide named Mr. Thomas. We slept again. 



We woke up whenever we wanted because day 3 was a free day. We went to SkyTree by taxi and went to the observation deck. It looked a bit like Taipei 101 but taller. When we went down we went to the Sumida aquarium. We saw aquatic animals and (very) cute penguins! We took photos and we waddled (get it? Penguin -> waddle) to the souvenir shop and bought candy and a (intensely) cute baby penguin stuffed toy. After that we went to a train station and took an Express train to Shimbashi. We took the Yurikamome monorail line to Odaiba. We stopped there and then we were on an elevated area between buildings. We took photos of us and the Statue of Liberty replica. After that we went to the beach. Then we went to a building with an auto show. It had old cars, new cars and future cars. Mostly Toyotas. We tried to find a train station and we ended up using the Rinkai line. After that we transferred to Yamanote line, yay! We went to Shibuya station and we rode back to Kudanshita. We walked back to the hotel and slept there. 



Next day we boarded the bus and took the loooooong ride to Ashinoko Lake. We boarded a pirate ship like boat and rode along the lake to a cable car station. We rode the cable car up to a mountain. We were at the side of it. We stayed there a few minutes. When it was time we went to the bus and rode to a buffet restaurant. And the way how it works was: Get some rice on your plate. On another plate get raw chicken or pork. On your table dip the raw meat in the soy sauce and put it in the grill. When it’s cooked get it and eat! After that we rode to Fuji no Yakata Hotel. There was REAL snow. But it was like ice already but I was able to throw a snowball at Kuya Vito. We ate there. I ate some steak and rice. 



The next day was January 1, 2015. We boarded the bus and rode to LaLaport in Tokyo City proper. I was feeling sleepy dizzy and sick. When we went to lunch (separately from the others) we had pizza. But I ate only 1 piece. When we went to the bathroom I barfed. After we met the others again. We boarded the bus to the airport and we took the Delta flight and flew back home.

Monday, September 15, 2014

Our kids abroad: Part II (Singapore, Hong Kong, Taiwan)

(As written and narrated by, well, the boys.)

[Note from the boys: We might not remember much about our travels, so this is the best we could. 

Another note: My kids have taken over part II so please respect them. (This, according to Manu.)]

2011 or 2012? (Sorry, we don’t remember.)

We have gone to Singapore like thrice so this might not be in order. In Singapore we went to the Singapore Flyer. Our hotel was Royal Plaza Hotel. We also came to Singapore Zoo, Sentosa, and the Science Museum.



2013

This part is about Hong Kong now. We are new to blogging (Manu and Vito) so it might be short. Sorry about the multiple notes. Our hotel was Bishop Lei Hotel. It was near the longest escalator. We went to a mall by train just for Vito to use the Boeing Flight Simulator. When we were done we went back by a long ride by taxi. It seems it was the taxi driver’s lucky day because we paid him more. We had a new year’s eve feast .It was the new year now (2014) on 12:00 am unfortunately when the fireworks came out I (Manu) was asleep L. Then we went back to the Philippines.



2014

We went to Taipei, Taiwan on a China Airlines B737-800 series. Our hotel was Howard Plaza Hotel. It was connected to a little mall. At that day we went to the mall area of Taipei 101 for our mom’s shopping. It was tiring for us kids. The next day we took a train to the Taipei Expo Park. We saw airplanes because it was near an airport. The Expo Park seemed deserted (no offense too the staff of the Expo Park). It was really hot there. So we left for the train to the hotel. The next day our mom had a meeting (she brought us on her business trip (her officemates came separately). Since she wasn’t there it was a “guys trip” for us kids and our dad. We went to Taipei 101 and this time on the observatory deck (indoor and outdoor). We felt sorry  our mom wasn’t joining us. We were a bit scared of the outdoor deck (excluding our dad). But we conquered our fear of heights. Then early tomorrow it was time to go home.



CREDITS:

Dad – for giving us this idea from this page.
Manu – typing most if not all of this article.
Vito- correcting spelling errors and grammatical errors. Also helped with the words.

Friday, August 1, 2014

National budget and the meaning of savings and augmentation according to the Supreme Court

Prior to the disbursement acceleration program (DAP) cases, the essence, breadth and scope of “savings” and “augmentation” as referred to in the 1987 Philippine Constitution have already been discussed by the Supreme Court (en banc) in the 2008 case of “Sanchez, et. al. vs. Commission on Audit (COA).” The Highest Court, through Justice Tinga, explains, to wit-    

“Sec. 25(5), Art. VI of the 1987 Constitution, in turn, provides:

Sec. 25(5) No law shall be passed authorizing any transfer of appropriations; However, the President, the President of the Senate, The Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

The deliberations of the Constitutional Commission are instructive as regards the extent of the President’s power to augment:
  
MR. SARMENTO:      I have one last question. Section 25, paragraph (5) authorizes the Chief Justice of the Supreme Court, the Speaker of the House of Representatives, the President, the President of the Senate to augment any item in the General Appropriations Law. Do we have a limit in terms of percentage as to how much they should augment any item in the General Appropriations Law?

MR. AZCUNA: The limit is not in percentage but “from savings.” So it is only to the extent of their savings.

Construing this provision, the Court ruled in the pre-eminent case of Demetria v. Alba: 

 The prohibition to transfer an appropriation for one item to another was explicit and categorical under the 1973 Constitution. However, to afford the heads of the different branches of the government and those of the constitutional commissions considerable flexibility in the use of public funds and resources, the constitution allowed the enactment of a law authorizing the transfer of funds for the purpose of augmenting an item from savings in another item in the appropriation concerned. The leeway granted was thus limited. The purpose and conditions for which funds may be transferred were specified, i.e. transfer may be allowed for the purpose of augmenting an item and such transfer may be made only if there are savings from another item in the appropriation of the government branch or constitutional body. [Emphasis supplied]

Thus, we declared unconstitutional par. 1, Sec. 44 of Presidential Decree No. 1177 which authorized the President “to transfer any fund, appropriated for the different departments, bureaus, offices and agencies of the Executive Department, which are included in the General Appropriations Act, to any program, project or activity of any department, bureau or office included in the General Appropriations Act or approved after its enactment”  because it unduly overextends the privilege granted under Sec. 16(5) of the 1973 Constitution. 

We ruled that the President cannot indiscriminately transfer funds from one department, bureau, office or agency of the Executive Department to any program, project or activity of any department, bureau or office included in the General Appropriations Act or approved after its enactment, without regard to whether the funds to be transferred are actually savings in the item from which the same are to be taken, or whether or not the transfer is for the purpose of augmenting the item to which the transfer is to be made.

R.A. 7180 contains a similar provision on the President’s power to augment and provides the meaning of “savings” and “augmentation,” thus:
  
Sec. 17. Use of Savings. The President of the Philippines, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, the Heads of Constitutional Commissions under Article IX of the Constitution, the Ombudsman and the Commission on Human Rights are hereby authorized to augment any item in this Act for their respective offices from savings in other items of their respective appropriations.

x x x

Sec. 19. Meaning of Savings and Augmentation.  Savings refer to portions or balances of any programmed appropriation free of any obligation or encumbrance still available after the satisfactory completion or unavoidable discontinuance or abandonment of the work, activity or purpose for which the appropriation is authorized, or arising from unpaid compensation and related costs pertaining to vacant positions and leaves of absence without pay. Augmentation implies the existence in this Act of an item, project, activity or purpose with an appropriation which upon implementation or subsequent evaluation of needed resources is determined to be deficient. In no case, therefore, shall a non-existent item, project, activity, purpose or object of expenditure be funded by augmentation from savings or by the use of appropriations authorized otherwise in this act.
  
Clearly, there are two essential requisites in order that a transfer of appropriation with the corresponding funds may legally be effected. First, there must be savings in the programmed appropriation of the transferring agency.  Second, there must be an existing item, project or activity with an appropriation in the receiving agency to which the savings will be transferred.

Actual savings is a sine qua non to a valid transfer of funds from one government agency to another.  The word “actual” denotes that something is real or substantial, orexists presently in fact as opposed to something which is merely theoretical, possible, potential or hypothetical.

As a case in point, the Chief Justice himself transfers funds only when there are actual savings, e.g., from unfilled positions in the Judiciary.

The thesis that savings may and should be presumed from the mere transfer of funds is plainly anathema to the doctrine laid down in Demetria v. Alba as it makes the prohibition against transfer of appropriations the general rule rather than the stringent exception the constitutional framers clearly intended it to be.  It makes a mockery of Demetria v. Alba as it would have the Court allow the mere expectancy of savings to be transferred. 

Contrary to another submission in this case, the President, Chief Justice, Senate President, and the heads of constitutional commissions need not first prove and declare the existence of savings before transferring funds, the Court in Philconsa v. Enriquez, supra, categorically declared that the Senate President and the Speaker of the House of Representatives, as the case may be, shall approve the realignment (of savings). However, “[B]efore giving their stamp of approval, these two officials will have to see to it that: (1)The funds to be realigned or transferred are actually savings in the items of expenditures from which the same are to be taken; and (2) The transfer or realignment is for the purpose of augmenting the items of expenditure to which said transfer or realignment is to be made.”

As it is, the fact that the permissible transfers contemplated by Section 25(5), Article VI of the 1987 Constitution would occur entirely within the framework of the executive, legislative, judiciary, or the constitutional commissions, already makes wanton and unmitigated malversation of public funds all too easy, without the Court abetting it by ruling that transfer of funds ipso facto denotes the existence of savings.

Precisely, the restriction on the transfer of funds, and similar constitutional limitations such as the specification of purpose for special appropriations bill, the restriction on disbursement of discretionary funds, the conditions on the release of money from the Treasury, among others, “were all safeguards designed to forestall abuses in the expenditure of public funds.” (emphases by the Court; G.R. No. 127545)

As such settled jurisprudence, would the impending redefinition by Congress of "savings" and "augmentation" be vulnerable to judicial review due to apparent grave abuse of discretion amounting to lack or excess of jurisdiction, and thus, be declared as invalid and unlawful by the Supreme Court? Grave abuse of discretion is defined as "capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility." (Ganaden, et. al.  vs. The Hon. Court of Appeals, et. al., G.R. Nos. 170500 & 170510-11 [2011]). Or, on the other hand, would the Supreme Court apply the political question doctrine and/or succumb to the adage, "vox populi, vox Dei?"

Abangan! 

Friday, February 14, 2014

To my Wife, this Valentine's Day

To be with you, Baby, is to be me.
For I don’t know what would I be,
who would I be, without you.

Existence is meaningless, when
I don’t feel your presence
I don’t touch your hand
I don’t inhale your breath
I don’t see your impish smile and
the glint in your eyes.

Which leads me to an infallible conclusion:
It is inconceivable to live without you.
You give me life, unselfishly share its wonderful meanings,
and nourish my impoverished soul.

I love you very much, Baby!  

Friday, November 1, 2013

The use of foreign passport and its impact on dual citizenship, effective renunciation, and holding of public office under RA 9225


The use of a foreign passport after taking the oath of allegiance and executing an affidavit of renunciation under Republic Act No. 9225, or the "Citizenship Retention and Re-acquisition Act of 2003," is a positive act showing the applicant's continued possession of a foreign citizenship. While it does not divest him of his reacquired Filipino citizenship, it negates his qualification to run for an elective post or be appointed to a government position. This, in a nutshell, is the ruling in the 2013 case of Maquiling vs. Comelec, et. al. (G.R. No. 195649), penned by Chief Justice Maria Lourdes P.A. Sereno.

In the Maquiling case, it has been established that private respondent Rommel Arnado is a natural born Filipino citizen. Subsequently, however, he was naturalized as a US citizen, thereby losing his Filipino citizenship. In July 2008, with the intention for repatriation, he took his oath of allegiance to the Republic of the Philippines. His application was approved. In April 2009, he again took an oath of allegiance and executed an affidavit of renunciation of his US citizenship. In November 2009, he filed his certificate of candidacy for mayor in a certain town in Mindanao.

In April 2010, another mayoralty candidate (and also private respondent), Linog Balua, sought the disqualification and/or the cancellation of Arnado’s cerficate of candidacy. Apparently, Arnado used his US passport in entering and leaving the Philippines between the period April 2009 and June 2009, July 2009 and November 2009, January 2010 and March 2010. Balua presented as evidence a computer-generated travel record and a certification from the Bureau of Immigration and Deportation (BID).

In so declaring that Arnado is disqualified from holding public office and even from being a candidate during the 2010 elections, C.J. Sereno explained:

“Between 03 April 2009, the date he renounced his foreign citizenship, and 30 November 2009, the date he filed his COC, he used his US passport four times, actions that run counter to the affidavit of renunciation he had earlier executed. By using his foreign passport, Arnado positively and voluntarily represented himself as an American, in effect declaring before immigration authorities of both countries that he is an American citizen, with all attendant rights and privileges granted by the United States of America.”

xxx

“While the act of using a foreign passport is not one of the acts enumerated in Commonwealth Act No. 63 constituting renunciation and loss of Philippine citizenship, it is nevertheless an act which repudiates the very oath of renunciation required for a former Filipino citizen who is also a citizen of another country to be qualified to run for a local elective position.

“When Arnado used his US passport on 14 April 2009, or just eleven days after he renounced his American citizenship, he recanted his Oath of Renunciation that he “absolutely and perpetually renounce(s) all allegiance and fidelity to the UNITED STATES OF AMERICA” and that he “divest(s) [him]self of full employment of all civil and political rights and privileges of the United States of America.”

“We agree with the COMELEC En Banc that such act of using a foreign passport does not divest Arnado of his Filipino citizenship, which he acquired by repatriation. However, by representing himself as an American citizen, Arnado voluntarily and effectively reverted to his earlier status as a dual citizen. Such reversion was not retroactive; it took place the instant Arnado represented himself as an American citizen by using his US passport.”

With that, C.J. Sereno passionately said:

“The renunciation of foreign citizenship is not a hollow oath that can simply be professed at any time, only to be violated the next day. It requires an absolute and perpetual renunciation of the foreign citizenship and a full divestment of all civil and political rights granted by the foreign country which granted the citizenship.”

xxx

“Citizenship is not a matter of convenience. It is a badge of identity that comes with attendant civil and political rights accorded by the state to its citizens. It likewise demands the concomitant duty to maintain allegiance to one’s flag and country. While those who acquire dual citizenship by choice are afforded the right of suffrage, those who seek election or appointment to public office are required to renounce their foreign citizenship to be deserving of the public trust. Holding public office demands full and undivided allegiance to the Republic and to no other.”  

Sunday, August 25, 2013

Pork barrel and competitive bidding: a palliative solution to a systemic problem

“The result of direct earmarking is pork, but it will no longer be officially called PDAF. No more funds will be disbursed through NGOs, eliminating kickbacks. And projects will have to go through competitive bidding, making them transparent.

The requirement for competitive bidding and the elimination of NGOs would prevent a repeat of the P10-billion pork barrel scam,” so says Department of Budget and Management (DBM) Secretary Butch Abad. (From: http://newsinfo.inquirer.net/473637/pork-barrel-stays-in-2014-budget-says-abad#ixzz2cymdTECk) Not so fast, sir.

Before jumping into this conclusion, may I recommend that the good Secretary and PNoy first revisit Republic Act (RA) No. 9184, otherwise known as the “General Procurement Reform Act (GPRA).”

The law, as it is right now, is prone to abuse, and the Ombudsman can very well provide a report of complaints arising from RA 9184 violations. The wily legislators and the willing heads of concerned line agencies may simply re-focus and re-direct their attention to the bidding process and their pet Bids and Awards Committees (BACs).

Firstly, the composition of the bids and awards committee (BAC) itself may already be compromised as it would be the head of the agency (i.e., head of procuring entity) who chooses its members as well as appoints the technical working group and the secretariat, through a memorandum or office order, for a term of one (1) year. Moreover, the BAC choice of a winning supplier/contractor – based on a pass/fail test – or the use of alternative modes of procurement (e.g., negotiated, direct contracting) is merely recommendatory; it may be approved or disapproved by the head of the procuring entity. (Sec. 12 & Sec. 37)

Thus, while the heads of the agencies and the lawmakers appear passive and non-participants to the bidding process, they will call the final shot, eventually. There is the tendency then for the BAC members to do their bosses’ (whispered) bidding, (pun intended). An explosive mix of “utang na loob” (debt of gratitude) to the boss/es, fear of ostracism by fellow members, and, for some, the expectation or receipt of a “share,” would simply be overwhelming. The anti-graft laws be damned.  

Secondly, the procuring entity, through the BAC, can tweak or rig the terms of reference or certain requirements to eventually favor a particular supplier/contractor. RA 9184 says, “The Procuring Entity may require additional document requirements or specifications necessary to complete the information required for the bidders to prepare and submit their respective bids.” (Sec. 17) It may also subject the winning bidder to a post-qualification review, for its possible disqualification, assuming the “favored/chosen” bidder does not submit the lowest calculated bid (LCB).

Other concerns, such as the bidders’ falsification of bid documents and requirements, their collusion among each other and with public officers, splitting of contracts and the use of alternative methods of procurements to avoid public bidding, are just some other means to achieve the same end as discussed in the first issue.

With much respect and trepidation, may I suggest the following then:

PNoy must rethink and reconsider the role of the Commission on Audit (COA), from simply being an observer during bidding and conducting post-audit, to actually doing pre-audit. COA may take due notice of the approved budget for the contract (ABC), the duly Bureau of Internal Revenue (BIR)-stamped and updated income tax returns (ITRs) of the bidders, the prevailing cost of labor, supplies and/or materials, the availability of goods, among other things.

The manner by which the BAC is constituted must also be reviewed. Instead of being a mere ad hoc body, regular plantilla positions, with specific qualifications, may be created for its members, fairly immune to lawmakers and whoever sits as head of the procuring entity, but subject nonetheless to laws on public employees and officers. In this manner, potential conflict on issues of procurement with the functions of those who head the Budget, Finance, Treasury, Legal and Property offices - positions usually occupied by BAC members - as well as possible abuses, may be avoided.  

Also, the terms of reference and eligibility requirements for a certain undertaking must be submitted by the procuring entity to, and must be duly approved by, the Government Procurement Policy Board (GPPB), in order to avoid any suspicion of arbitrariness or partiality.

My suggestions may be incorrect: I don’t claim that I hold the surefire solution. However, RA 9184, as the cornerstone of the new dispensation of the pork barrel, is riddled with loopholes and ought to be reviewed and revised, lest all government biddings may very well be reduced to a mere “moro-moro,” with the Filipino taxpayers still ending up tragically as losers. Better yet, just abolish the pork barrel.

Sunday, July 28, 2013

Other acts of child abuse, cruelty and exploitation under Republic Act (RA) No. 7610

One may be surprised that Republic Act (RA) No. 7610, also known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” was approved into law as early as June 17, 1992.

Under this law, the State creates sanctions to deter violations against children such as trafficking, child prostitution and other forms of sexual abuse, and discrimination against children from indigenous communities. RA 7610 allows children to enjoy their rights protected from any abuse or prejudice which may threaten their development.

Section 10 of this law provides -

“(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development shall suffer the penalty of prision mayor in its minimum period. (Six years and one day)

The penalty for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. (Thirty years)”

Two notable cases are:

Jumaquio vs. Villarosa (GR No. 165924, [2009])

The case originates from an incident that happened on August 2, 2003, when petitioner Resty Jumaquio allegedly threatened and assaulted two young men, then ages 13 and 17.  

On account of that altercation, two separate Informations were filed with the RTC of San Jose City, for two distinct offenses of child abuse—Criminal Case No.  SJC-78-04 for child abuse committed through the use of threatening words, and Criminal Case No. SJC-79-04 for child abuse through the infliction of physical injuries. Both were upheld by the Supreme Court.  

In the first information, petitioner is charged with child abuse by uttering debasing, demeaning and degrading words to the minor.  

In the second, he is charged with child abuse by inflicting physical injuries that debase, demean and degrade the dignity of the children as human beings.

Sanchez vs. People of the Philippines (G.R. No. 179090, [2009])

Appellant contended that, after proof, the act should not be considered as child abuse but merely as slight physical injuries defined and punishable under Article 266 of the Revised Penal Code.

But according to the Supreme Court, appellant conveniently forgot that when the incident happened, VVV was a child entitled to the protection extended by R.A. No. 7610, as mandated by the Constitution.

As gleaned from the foregoing, the provision punishes not only those enumerated under Article 59 of Presidential Decree No. 603, but also four distinct acts, i.e., (a) child abuse,  (b) child cruelty, (c) child exploitation and (d) being responsible for conditions prejudicial to the child’s development.

An accused can be prosecuted and be convicted under Section 10 (a), Article VI of Republic Act No. 7610 if he commits any of the four acts therein.  The prosecution need not prove that the acts of child abuse, child cruelty and child exploitation have resulted in the prejudice of the child because an act prejudicial to the development of the child is different from the former acts.

It must be noted that in both cases, it was clearly established that the accused inflicted abuses against the victims, including the manner by which said abuses were inflicted or committed.