By MORTZ C. ORTIGOZA
Controversial Davao City Mayor Rodrigo Duterte |
Hindi ko maintindihan itong end game ng China, iisa lang ang aircraft
carrier na obsolete pa (from Ukraine) versus 11 big carriers from the United
States. Tapos more than 1000 kilometers ang layo ng Mainland China sa Spratly,
so for me it would be expensive sa mga fighter jets nila because of the lengthy
flight .
It would be deja vu Lufwaffee (German Airforce) whose jets became
shooting ducks from Great Britain's airplanes in World War 11 since they have
to have that hair raising trips sa English Channel. Or Falkland War in 1982 like
those U.S made A-4 Sky Hawk jets ng Argentina obliterated on the air by the
British Harrier jump jets. Kung nuclear war, sigurado matutunaw ang Mainland
China and ma preserve ang U.S mainland kasi wala pang capability ang China to launch
her Inter Continental Ballistic Missiles (ICBM) to the U.S. But people in Palawan and
Pangasinan and even in Australia are vulnerable to the Chinese nuclear capable
Russian made Xian H-6K jet bombers that could kill all if not most of the
people in these areas.
Son of a gun, calling for the Aegis' Anti Ballistic Missiles Defense System on warships and anti- warheads Patriot missiles of the Americans!
***
After Presidential material Senator Grace Poe breathes like an albatross
at the back of the neck of controversial presidential wannabe Vice President
Jojo Binay as based on Poe’s phenomenal survey spikes, the Binay’s camp had
been witch hunting Poe as not qualified to become a candidate for the No.1
Office. Their arguments anchored on the senator renouncing her Filipino
citizenship by becoming a U.S citizen before thus he disenfranchised herself to
become a natural born citizen.
Natural born is a requirement if
ones run for Congress, Vice Presidency, and the Presidency.
While Cesarean Born, er, Naturalized Citizen are for those who want to run for the elective posts in the local government units.
While Cesarean Born, er, Naturalized Citizen are for those who want to run for the elective posts in the local government units.
But Poe’s supporters had been citing then Pangasinan Congressman Teddy
Cruz, best friend of my media colleague Harold “The Bagman” Barcelona, Case to
thwart the arguments of Poe’s critics.
The case of then Congressman Teodoro Cruz, a former U.S Marine, however
was covered by Commonwealth Act No. 63 when he lost and acquired his natural
born citizenship thus he remained a congressman. Cruz’s argument, after he was
petitioned by his congressional rival Antonio Bengzon III, was upheld by the
Supreme Court in 2001.
Grace Poe does not have to worry
about being "Natural Born" to qualify for Congress and the Presidency.
She was already covered in year 2003 by Republic Act 9225 (An Act Making the
Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent). It
was the same law being quoted by many former foreign citizen Filipinos who were
mayoralty and gubernatorial bets in the 2010 and 2013 elections.
The law says in Section 3: “
Retention of Philippine Citizenship - Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason of their naturalization as
citizens of a foreign country are hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of allegiance to the Republic:
"I _____________________, solemny
swear (or affrim) that I will support and defend the Constitution of the
Republic of the Philippines and obey the laws and legal orders promulgated by
the duly constituted authorities of the Philippines; and I hereby declare that
I recognize and accept the supreme authority of the Philippines and will
maintain true faith and allegiance thereto; and that I imposed this obligation
upon myself voluntarily without mental reservation or purpose of evasion.”
***
Whenever I am in the cities of Davao, Iloilo, Baguio, and Cebu I see to
it I bought all the local newspaper there for comparison with the almost 30
Pangasinan based tabloids that include the fly-by-nights that rear their ugly
heads and revolting English grammars whenever election is around the corner.
I compare too how the columnists there fare with the opinion writers in
one of the biggest provinces in the Philippines.
In my “lightning’ visit in Davao City and Cotabato province last Tuesday afternoon (where I
rode shot gun the following Wednesday in a car and the plane to catch my son’s
college graduation at the University of Sto. Thomas in Manila) I bought last
Wednesday copies of Sun Star – Davao City, Mindanao Times, Daily Mirror, and
Edge Davao.
At Sun Star a columnist there Jun Ledesma said that Justice Secretary
Leila de Lima could not re-file the murder charge she filed years ago when she
was the Commissioner of the Commission of Human Rights to Davao City Mayor Rod
Duterte without courting Double-Jeopardy.
I nearly fell from my airplane’s seat upon reading the news excerpt when
I was 30,000 feet above Cebu City.
De Lima became gung ho again to file the case after Duterte acknowledged
lately he is the Davao Death Squad responsible for the one thousand extra
judicial killings of “habitual delinquents” in the Durian City.
“If I remember it right, the Regional
Trial Court of Manila, where she filed the charges against Duterte, threw out
the pieces of evidence that she and her special probe team of investigators
presented to the Court. As CHR Chair, De Lima personally led the probe team and
summoned not only Mayor Duterte but every Tom-Dick-and-Harry they thought they
can grill and extract information,“ the columnist opined.
Ledesma continued: “Double
jeopardy is actually a serious crime therefore that places De Lima and Duterte
in the same predicament. Duterte can laugh his way to court but I cannot say
the same thing for the Secretary”
The columnist is dead wrong of course. Double Jeopardy, according to the
Supreme Court in People v. Ylagan 958 Phil. 851 (1933), attaches if these
three requisites are included: (a) upon a good indictment, (b) before a competent
court, (c) after arraignment, (d) after plea.
When the RTC in Manila dismissed de Lima case it dismissed it not after
Duterte underwent arraignment and plead “not guilty” but dismissed it due to
lack of probable cause.
Ibig sabihin mahina ang ebidensiya o walang ebidensiya to directly link
the mayor to the killings.
***
Anyway, we have media men here
too that shot from the hips.
I have a columnist friend who told a criminal charges hounded city mayor
that after he was re-elected at his second term all his criminal charges have
been extinguished.
I ribbed him and whispered to him that he was wrong because those cases are covered by the Doctrine of Condonation, yes Virginia that
controversial Aguinaldo Doctrine, apply only to his administrative cases.
But son of a gun, after hearing the legal advice of my pal, the mayor
frantically called and bad mouthed his
lawyers telling them they were all idiots
after he paid them handsomely they kept advising him that the criminal
cases were not covered by the Doctrine.
“My media dito na law graduate, sabi niya kasali pala sa Doctrine of
Condonation ang criminal charges!”
If we were on that interview inside the jet plane bound from Davao City
to Manila I probably fell outside the door and tailspin 30,000 feet on the
ground of Mt. Timbukto and be damned.
(You can read my selected columns at
http://mortzortigoza.blogspot.com and articles at Pangasinan News Aro. You can
send comments too at totomortz@yahoo.com)
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