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“How shall freedom be defended? By arms when it is attacked by arms, by truth when it is attacked by lies, by faith when it is attacked by authoritarian dogma. Always, in the final act, by determination and faith.” ― Archibald MacLeish

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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.” ― Mahatma Gandhi

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“How shall freedom be defended? By arms when it is attacked by arms, by truth when it is attacked by lies, by faith when it is attacked by authoritarian dogma. Always, in the final act, by determination and faith.”

― Archibald MacLeish

Friday, August 21, 2015

ENRILE: "Can I go now?" (A Short Unauthorized Biography)


One of the most tragic characters in Philippine history.
The Tragicomedy of His Life
A drama combining elements of tragedy and comedy.
"To be happy does not mean to indulge in foolishness!"
Jose Rizal (Noli Me Tangere)
Gigi Reyes: “You have the power to say, 
‘This is not how my story will end.’"
"JUAN PONCE ENRILE…public servant, politician, friend, boss…but first and foremost…A LOVING FATHER. When he takes you under his wings, he will love and protect you at all cost…with self-abandon and self-sacrifice. " Gigi Reyes (Facebook)
In a statement, Enrile said in 1998, “What is totally false and malicious are the reports in the press and the rumor mills that the cause of our marital difficulties is an alleged relationship between me and my Chief of Staff, lawyer Gigi Reyes. There is no relationship, other than an official and professional one.”
Juanito Furagganan, later Juan Ponce Enrile
"He is a paradox, a bundle of contradictions, a mystery wrapped around a riddle inside an enigma. "
Larry Henares
The humble roots of Juanito Furagganan
By Larry Henares:
In a small barrio in the sleepy coastal town of Gonzaga in the province of Cagayan, he was born and baptized Juanito Furruganan, son of a peasant woman called Petra Furruganan. 
He later transferred to Aparri and enrolled at the Cagayan Valley Institute.
He was good in math, wanted to be a scientist, and earned extra money by tutoring the daughter of one of the richest men in town. Rich bullies, consumed by jealousy, beat him up within an inch of his life.
He complained to the authorities who advised him to forget the incident, or get thrown out of town. He felt outraged and betrayed; and it was this sense of injustice that induced him to abandon science and take up law. He had not met his father who in turn did not even know he existed. Juanito decided to go to Manila and confront his father. To raise the transportation money, he worked as a road construction laborer and a fisherman. Finally at the age of 19, he came to Manila.
One look at Juanito Furruganan and Don Alfonso Ponce Enrile knew this was his son. He is the spitting image of his father, he has the same broad toothy smile, lined cheeks, rough-hewn Castilian features, and most of all an unruly lock of hair that kept falling down his brow, and another that kept standing up at the back of his head.
He was a chip off the old block if there ever was one, and Don Alfonso, a gentle person ever a gentleman, took him in as his son, made him work in the law firm, and sent him to the best schools, Ateneo, U.P. Law School and Harvard.
His name is now Juan Ponce Enrile.
He is a paradox, a bundle of contradictions, a mystery wrapped around a riddle inside an enigma.
In an affidavit submitted by Merlina Suñas, among the witnesses in the PDAF scam, Reyes is mentioned as being among the recipients of commissions given by Napoles to legislators and their staff.
"Ang porsiyento naman ni Atty Gigi Reyes ay pinapadala ni Madame Jenny kay Fernando Ramirez o kay John Raymund de Asis sa bahay ni Atty Reyes mismo," Suñas said. (The commission of Atty Gigi Reyes is given by Madame Jenny [Napoles] to Fernando Ramirez or John Raymund de Asis to be delivered to the house of Atty Reyes herself.)
What's the price of a reputation?
Enrile: P172.834 million
Estrada: P183.795 million
 Revilla:P224.512 million
From Inquirer
Senator Juan Ponce Enrile’s bail that the Supreme Court has granted was seen as a “special accommodation” and could set a dangerous precedent.
The warning was contained in the 29-page dissenting opinion of  Associate Justice Marvic Leonen who added that the decision “has perilously set an unstated if not ambiguous standard for the special grant of bail on the ground of medical conditions.”
He said the humanitarian consideration used as basis by majority of the high court in granting bail has no legal basis.
“Bail for humanitarian considerations is neither presently provided in our Rules of Court nor found in any statute or provision of the Constitution,” Leonen said, adding that “the Constitution and our rules require that bail can only be granted after granting the prosecution the opportunity to prove that evidence of guilt is strong. The special grant of bail, due to medical conditions, is unique, extraordinary and exceptional.”
While the high court cited the testimony of a doctor from the Philippine General Hospital (PGH) who said that Enrile’s health condition is fragile and requires special treatment, he should have been presented as an expert witness and subjected to both direct and cross-examination before the Sandiganbayan.
However, Enrile’s motion to fix bail, Leonen said, was anchored on other ground, not on his medical condition.
“This will usher an era of truly selective justice not based on clear legal provisions, but one that is unpredictable, partial and solely grounded on the presence or absence of human compassion on the day that justices of this court deliberate and vote,” Leonen said.
Leonen said the decision was tailor-made for Enrile whom he described as “unbelievably fortunate.”
He said there are many other accused in a non-bailable offense suffering from serious health conditions but remain in jail “because they may not have the resources to launch a full-scale legal offensive marked with the creativity of well-networked defense counsel.” Enrile’s lead counsel is veteran lawyer Estelito Mendoza.
“For them, there are no special privileges. The application of the law to them is often brute, banal and canonical. Theirs is textbook equal treatment by courts,” he lamented.
“Our precedents show that when there are far less powerful, less fortunate, poorer accused, this court has had no difficulty denying a motion to fix bail or motion to set bail where the crime charged carried the imposable penalty of reclusion perpetua (20 years and one day to 40 years imprisonment). With those who are less fortunate in life, there are no exceptions,” he added.
The justice, who was joined in his dissent by Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, and Associate Justice Estela Perlas Bernabe added that those who have read the decision may conclude that the decision is the “result of political accommodation rather than a judicious consideration of the facts and the law.”
“This case may benefit one powerful public official at the cost of weakening our legal institutions. If it is pro hac vice (for this case only), then it amounts to selective justice. If it is meant to apply in a blanket manner for all other detainees, then, it will weaken the administration of justice because the judicial standards are not clear,” he added.
Plunder Cases Timeline (From GMA News)
After triggering a massive protest and the scrapping of lawmakers' discretionary funds last year, the alleged pork barrel scam has now reached the courts. More than a year after the scandal broke out, criminal cases were filed against personalities accused of involvement in the anomaly, including alleged scam brains Janet Lim-Napoles, Senators Ramon Bong Revilla Jr., Jinggoy Estrada, and Juan Ponce Enrile. 
Below is a timeline of court proceedings on the pork barrel cases so far, including the issuance of hold departure orders and arrest warrants against the implicated senators.
June 5, 2014 - The Office of the Ombudsman announces its decision to deny motions for reconsideration filed by Senators Ramon Bong Revilla Jr., Jinggoy Estrada, Juan Ponce Enrile and alleged pork barrel scam mastermind Janet Lim-Napoles. The Ombudsman decides to push ahead with the filing of plunder and graft charges against these personalities after concluding that their appeals were "rehashes of the arguments previously raised by them."
June 6, 2014 - The Ombudsman formally files plunder charges against Napoles and the three senators before the Sandiganbayan. Also charged with plunder were Enrile's former chief of staff Jessica "Gigi" Reyes, Estrada's former employee Pauline Labayen and Revilla's staff member Richard Cambe.  Similarly indicted were Napoles' nephew Ronald John Lim and John de Asis.
June 9, 2014 - The Ombudsman files graft charges against Napoles and the three senators.  Revilla faces 16 counts of graft; Estrada, 15 counts; and Enrile, 11 counts.
June 13, 2014 (past 11 a.m.) - The Sandiganbayan determines which divisions will handle criminal charges filed against the three senators. Revilla's cases went to the first division,  headed by Associate Justice Efren dela Cruz. Estrada's cases went to the fifth division chaired by Associate Justice Roland Jurado. Enrile's cases will go the third Division headed by Presiding Justice Amparo Cabotaje Tang.
June 13, 2014 (past 2 p.m.) - Citing his old age and poor health, Enrile asks the Sandiganbayan to allow him to post bail for plunder, a non-bailable offense.
June 13, 2014 - Through a motion for judicial determination of probable cause, Estrada asks the Sandiganbayan Fourth Division to dismiss the plunder and graft charges filed against him.
June 16, 2014 (past 12 nn) - Enrile asks the Sandiganbayan to dismiss supposedly "inadequate" plunder and graft cases filed against him. He also asked the anti-graft court to stop the issuance of an arrest warrant against him.
June 16, 2014 (past 3 p.m.) - The Sandiganbayan Fifth Division issues a hold departure order against Estrada. Also barred from leaving the country are 13 of his co-accused.
June 17, 2014 - The Sandiganbayan issues a separate hold departure order against Revilla, Enrile and Napoles.
June 19, 2014 (past 10 a.m.) - The Sandiganbayan First Division junks Revilla's petition to suspend court proceedings on his plunder and graft cases. Revilla's lawyers earlier argued that proceedings should be halted since the Ombudsman's request for two special panels to hear the case has not yet been decided on by the Supreme Court.
June 19, 2014 (past 4 p.m.) - The Sandiganbayan First Division orders the issuance of arrest warrants against Revilla, Napoles and 31 of their co-accused. The arrest warrant on Revilla was not served within the day because Justice dela Cruz was not able to sign the document.
June 20, 2014 (past 8 a.m.) - The Sandiganbayan First Division issues arrest warrants against Revilla and 32 of his co-accused.
June 20, 2014 (past 10 a.m.) - Revilla arrives at the Sandiganbayan to surrender to authorities.
June 20, 2014 (past 10 a.m.) - Enrile's motions for bail and to dismiss his criminal charges are submitted for resolution by the Sandiganbayan Third Division. The anti-graft court's Fifth Division meanwhile submits for resolution Estrada's motion for judicial determination of probable cause.
June 20, 2014 (past 11 a.m.) - Revilla files a motion asking the Sandiganbayan to allow him to post bail for plunder. He also asked the anti-graft court to detain him at Camp Crame, which was granted.
June 20, 2014 (around 1 p.m.) - Revilla proceeds to the Philippine National Police (PNP) multipurpose hall inside Camp Crame for a medical examination and booking procedures. His mug shots are also taken.