Friday, November 30, 2007

What's happening colonel?

I witnessed what transpired at the so-called walk-out by Senator Antonio Trillanes from the proceedings at the Makati Regional Trial Court Branch 148 last Thursday.
Pardon me for saying this, but from my vantage point, the military guards were at a loss as to what was happening.
I am pretty sure, from what I was witnesseing, the soldier-guards were blind as to the plans of Trillanes, which was to hold themselves out at the Manila Penninsula.
Teh soldier-guards looked stunned, and did not even know what to do.
They were loitering in the hallway, as Trillanes, General Danny Lim were in the elevator, about to go to the ground floor.
Had the soldiers known that the plan was to proceeding to the Penninsula, their reaction would have been different.
I was randomly taking video footages using my cellphone.
I happened to focus on a colonel who was the highest ranking military officer on that floor.
I am not sure, based on the video footage, if it would convince one to conclude that the soldiers knew what was going on, or that they were under control.
I really wanted to approach the military officer and ask: "What is happening, colonel?"

Thursday, November 29, 2007

The drama at the Makati RTC 148

I happened to be loitering at the 14th floor of the Makati City Hall Thursday morning (Nov 29) at around 11 a.m. and just as I was walking along the hallway there was a commotion.
The 14th floor hosts several court salas including branch 148 of the Regional Trial Court presided by my former law teacher Judge Oscar Pimentel.
One of the cases pending there is the case against Senator Antonio Trillanes which happened to have a scheduled hearing that day.
So many men in military clothes packed the hall way.
The first thing I remember was a lady running on the hallway towards me saying "Nagkakagulo na doon."
Then I heard shouting.
Instinctively, I drew my cell phone and instantly made a video recording.
Little did I, and perhaps every one on that floor realize that what was happening was the beginning of what led to the armed stand-off at the Makati Peninsula.
While I was taking video footage, I heard somebody said a gun was drawn.
I must admit I became afraid at that point.
I no longer pursued my path, which was to go right at the center of action which was in the area of the elevators.
I was afraid that the trigger of the drawn gun might by pulled, because I sensed nobody was in full control.
I heard persons saying "May baril, may baril!"
Other soldiers saying "Hindi tayo magkalaban dito!"
As a lawyer, a drawn gun in the court premises is red alert.
There is supposed to be no guns in the court premises in the first place.
Guns are supposed to be deposited at the reception area on the ground floor.
I knew immeidately that the fact there was a gun at the 14th floor showed there was breach of security.
I even heard shouting inside the sala of Judge Oscar Pimentel.
At that point nobody knew what was going on.
One defense cousel said General Danny Lim was kidnapped.
General Danny Lim was testifying as witness for the defense that day.
When there was a brief recess in the proceedings, armed uniformed men supposedly MP's (military police) took away General Lim.
Then I saw former vice Preisident Teofisto Guingona, and former UP President Nemenzo, emerge from teh court room, and Bishop Labayan on te hallway who had wanted to enter the courtroom.
Let me show my brief own video clip of what happened at the 14th floor.
It shows scores of uniformed men, supposed to be guarding Trillanes and company, bewildered
not knowing what was going on.

Re-election bar

The only elective official in the Philippines who is barred from seeking even a single re-election (for the same position) is the President.
The 1987 constitution states that "The President shall not be eligible for any re-election".
Those who are frightened at the prospect of an Erap-comeback will file this petition before the Supreme Court (just like what they did to Fernando Poe Jr.).
They will expectedly invoke the deliberations of the 1986 constitutional commission, that discussed this anti-Marcos paranoia of a provision.
Inherently, I don't like these and other "paranoid provisions" of the constitution because it restricts my God-given right---or gift--- of choice.
Perhaps, the members of the 1986 constitutional commission (concom) were of the thinking that in order to prevent the repeat of another overstaying President like Marcos, it should be best to put a provision barring re-election.
At first the 1986 constitutional comissioners decided a bar to "immediate" re-election.
In other words, initially they barred re-election of the President, but only in the very next presidential election immediately after his six-year term.
This meant that while the President will be barred from seeking re-election in the next Presidential election, he can still run in future Presidential elections.
But later on, this was put to an amendment by commissioner Padilla who proposed that the bar (on re-election) should be perpetual.
Then the concom placed the word "any" (before "re-election") courtesy of commssioner Davide, to emphasize that what the President is being barred is from running again for the same position.
The obvious reason for the bar, as can be seen in the concom deliberations, is that the President will only use the Presidency to somehow perpetuate himself in power.
So better to bar him from seeking re-election.
The seemingly paranoid commissioners said there should be a bar, forever.
The reasoning by commissioner Padilla (for a forever ban) is the Mexican experience.
In Mexico, he explained, the President there once belonged to a highly dominant, strong political party.
In the next Presidential election, while the Mexican President was barred from seeking "immediate" re-election, the President let his "tuta" (lapdog) run for President.
After the term of the lapdog president was over, the original President came back to power.
So, to avoid this, commissioner Padilla proposed that the ban against re-election should be lifetime.
Commissioner Rodrigo however, did not find commissioner Padilla's apprehensions tenable, arguing that the Philippine constitution, unlike Mexico, adopted a multi-party system.
This being so, the likelihood of a dominant political party having a stranglehold in presidential politics is remote.
When put to a vote, commissioner Padilla's proposal won.
But of course, when the matter of Presidential re-election ban was deliberated by the constitutional commission, they did not forsee the Erap experience.
Remember, Erap was unceremoniously removed from the Presidency only after two years in office.
So the reasoning of the constitutional commission for the lifetime re-election ban, i.e. that the President would only use his first term to prepare for the next election, or consolidate his resources, or to perpetuate himself in power, did not apply to Erap.
For how could Erap possibly prepare for the next election when he was already ousted at the early years of his Presidency, and he had no longer any control of the government resources?
As a matter of fact, he was imprisoned.
It can be argued therefore, and it is my humble submission, that the ban against Presidential re-election only applies to Presidents who were able to serve their FULL TERM of six years, or at least those who have served much of the six year term.
That is the only time that the President can adequately and influentially prepare for the next Preisdential election.
What are my bases for such proposition?
The deliberations of the concom iteself, and also an analysis of the commentaries of some authorities.
Erap can argue that in his case, the reason for the ban (on re-election) does not apply to his experience.
So, is Erap barred from taking a crack at the Presidency again?
I say not necessarily.
Don't you think so?

Tuesday, November 27, 2007

Erap for President (again)?

So-called presidentiables have begun surfacing this early obviously training their guns at the 2010 presidential derby.
The early birds who have waged a virtual launching of their presidential bids are Mar Roxas, who has been elected as President of one of the oldest political parties, the Liberal Party.
The other who staged a “soft launching” was Manuel Villar, Senator President and head of the Nacionalista Party.
Villar waged a media blitz by posting 30-second spots on radio, the message of which I could not even understand.
I think I heard him extolling the Nacionalista party in his radio ads.
There is a saying that the early catches the early worm.
These presidential wannabes have apparently taken this adage to heart.
However, I believe that there is a wild card in the race for the 2010 presidency
I am referring to former president Joseph Ejercito Estrada, who just might decide to make a comeback and take a crack at the presidency again.
If he does this, I believe, Erap will give both Roxas, and Villar and the rest of the ambitious politicos a run for their money.
Erap remains a credible threat to anyone aiming for the presidency.
Erap’s charisma is as strong as ever.
And Erap’s has this burning passion to prove to all and sundry that even if he was convicted by the courts, the Filipino people have absolved him.
And there is no better way to validate this than votes cast during the presidential elections.
Remember, Erap posted the highest number of votes cast ever for a presidential candidate during the 1998 elections.
And to think he was not an administration party candidate, but an opposition standard bearer, against Jose De Venecia.
For me there is no question, if Erap decides to take a crack at the presidency, he would be the man to beat.
But this is speculative at this point.
There are stumbling blocks ahead in Erap’s the quest for the presidency the second time around.
First, Erap is the beneficiary of a presidential act of grace called pardon.
This pardon can be revoked by the president.
While the president has restored Erap’s civil and political rights, the President can take this back.
Second, of course is the constitutional question as to whether or not Erap, who had been elected, and succeeded to the presidency once, and served briefly as such, is qualified for election as President in 2010.
I think there are sufficient reasons to say that constitutionally, Erap is still qualified for election as President in 2010.
This should raise a good and interesting discussion.

Sunday, November 25, 2007

A wireless landline?

Techonology in the communicatons front continues to advance and evolve.
Now, there is the so-called wireless landline.
This appears to be a contradictory in terms.
A "landline" usually refers to that telephone in the house or in the office which is stationary, and cannot be brought outside.
That differentiates it from the cell phone because the cell phone is "mobile".
This means that the cellphone service is to affor conveinience to the user in the sense that even if he is outside, as long as there is a "signal" one can contact other phones (whether cell phone or landlines) wherever the caller is.
But now, the landline had become wireless and is now no different from that of the cell phone.
Bayan Tel wireless is the among the first to offer "wireless landline" phones.
In other words, you can call with a "landline" phone from anywhere, as long as there is a signal, just like a cell phone.
If you have a Bayan wireless landline, and you call another landline phone, whether residential or business, or another wireless landline phone, there are no charges.
It has made a significant impact to one's professional undertakings.
For one thing, if you have a wireless landline, anybody can use another landline phone and call you for free (unlike the cellphone which imposes call charges) wherever you are, as long as you are within the signal range.
Right now, Bayan wireless is usable all over Metro Manila and some say even as far as Tagaytay and Laguna.
I got stung by the wireless landline immediately, because I saw the immediate benefits and practicalities.
With a wireless landline, I am my own secretary.
My business card bears a wireless landline number. If you call me in that number, I am the one who will answer (free of charge to the caller who uses a another landline phone).
Just last Saturday, I was in meeting in a coffee shop.
Instantly, I converted the coffee shop into a virtual office because I had with me my laptop and a wireless landline phone.
There are no charges if you call from your wireless land line, and you call another landline.
It has other features like text-message capability, internet capability, long distance (national or international).
Of course if you call a cell phone, or send a text message, or call long distance, then there are charges.
You can acquire a wirless landline by making an initial purchase of P1,995 for the unit, and a monthly charge of P699.
Another advantage is that people are now getting a wireless landline, rather than applying with the regular landline from telecom companies which take so long a time before applicants get a line.
One day I went to Greenhills, the center of bargain sales on just about anything, I saw a lot of stalls having their own wireless landline units and making business out of it by charging P5 per call.
The only thing is that my wireless landline unit is as big as the regular landline unit. It is very bulky, and I look like a telephone line man going around with that unit.
However, there are wireless landline units as tiny as cell phones, but they have limited features (like no internet feature).
The wireless landline of course, has a long way to go because its coverage is still the Metro Manila area.
But once this goes nationwide, I think this will be furtehr revolutionize wireless communications.

Monday, November 19, 2007

Roland Decker checks in

An old friend back in the radio days in Dumaguete , Roland Decker sent me an e-mail.
Roland Decker a former disc jocky in Dumaguete City, now based on Arizona is a jolly, always-smiling-if-not-laughing, amiable fellow, I distinctly remember.
He had a radio show over DYEM-FM Dumaguete on Sundays.
Here is his email:

hoy, kamusta jay...I don’t know if you still remember me..I was working for your father's radio station many moons ago..jay it's me si "Decks"
or Roland Decker alias "Big D" (radio name)....I use to do the Hasarrams radio program every sunday with people calling in to reqest and dedicate remember now..I was the "tisoy" with "choy leroy" as my sidekick....I see your doing very successfully with a prominent occapation.
I actually ran into your blog by accident, I was just checking out manang happening sa dumaguete, then "walla" your website came up. so I thought
I can drop you a hello, and whazz uppp!
well jay it's been a longtime since I vacated my dj position at dyem-fm, when I left in 88-89 I came here (u.s.) to join the us airforce,
instead I sign up for the us marines...I put in 8 years with assignments ranging from recon, extraction (going in combat zone and pull out combat units
that needed) and search and rescue..I married my high school sweetheart, she's from valencia, mga los banos, elopres, I have 2 great kids (jacob he's 16yr old and samantha my 12 yr old) currently nga reside ug traboho ko dinhi sa tucson arizona..I work as a paramedic for a number of years this can be a thankless job sometimes jay....pulling people out from burning buildings, houses, severe traffic accidents and with this job is breaking in the bad news to people about their love ones, family members, not making it (died) from an accident or some physical trauma (cardiac arrest, drowning). this
part of the job I hate..
then as a person I pray everyday when I'm going to work or even at work that these emergency units at the end of an 18 or 24 hour shift that we all go home to our family safe and well. after the 9-11 disaster it can be an erier feeling sometimes when a call comes thru..whether it's fire or accident..listen jay I know your probably busy but if you can drop me a line or two say hello to choy gallyarde, mario opena, also your dad (ely) take care my young friend and good luck in all your endeavor.

Saturday, November 17, 2007

Law school reunion

Time has flown so fast.
We realized it's been ten years since graduation from law school.
So some classmates thought of gathering those who are based in Manila for a dinner at Greenbelt last Friday.
It was a reunion of members of Section B of class 1997.
It was a way not only to touch base with former classmates, but to update the whereabouts of others, many of whom have crossed borders and settled elsewhere.
One, according to Bong Montesa has relocated in N. America, where is he now both happy and gay.
One update that struck me was that those who had been married during our student days, are already single. That is just after ten years.
So the average span of married life, is about ten years after law school?
At least that was the outcome, based on expereience of our classmates.
Who were there?
There was Anna Bautista, Roselle Tenefrancia, dubbed as the Swing Out Spinsters.
There was Jiggs Paraiso, who expressed some exasperateration after ten gruelling years of litigation.
Bong Montesa, the perrenial joker, after a stint with the Department of Education, is setting his eye in politics.
Jomar Castillo, is into labor law.
Boyet Del Prado has just gotten a presidenital appointed to the Inter Country Adoption Board.
Voltz Enriquez is busy tightening Quezon City's grip over the ownership Boracay Mansion.
Marlo Magdoza, has just arrived from a study leave in London, and has begun warming her bench as presiding judge of MeTC Manila.
Jason Natividad said is happy with Mimi Factoran's Dad.
It's a two member firm.
Bong suggested in jest that Jason petition to change his name from Natividad to "Associates" so that they can re-name their law firm to "Fatoran and Associates."
Edward Maceda is councilor of Manila and still has to confirm whether to upgrade the airconditioning of Marlo's sala.
Andrew Isip is into banking law and litigation. We constantly see each other in the sala of that pretty RTC judge.
As for Mimi Factoran, I don't exactly know no where is connected, after leaving both Ayala Land and her husband.
As for Diday Moya, she was late as usual.

Tuesday, November 13, 2007

Henry Teves injured in House bombing

Henry Pryde A. Teves, representative of the third district of Negros Oriental was reported to be one of the congressmen injured by the strong blast that rocked the south wing ofthe House of Representatives at around 8:30 p.m. today.
He was brought to the St. Lukes Hospital for treatment of burns on his face and fractures on different parts of his body, media reports say.
The 34-year old Henry Teves, a neophyte congressman, is the grandson of former Rep. Herminio G. Teves.
His uncle Margarito Teves, is the Secretary of Finance, and also a former three-term congressman.
Henry succeeded his grandfather who had served three consecutive terms in the House.
Reports also disclosed that several members of the staff of Henry Teves were also injured.
It was reported that Henry and his staff were near the south wing waiting for their ride home at the time of the blast.
One staff member of Rep. Teves, Ma-an Abustanilla, was reported to be in critical condition and was fighting for her life, according to reports.

Explosion at the House

It is 9:15 p.m. and I have just received a report that the South Wing of the Batasang Pambansa is the site of a massive explosion .
Initial reports say at least three members of the House were injured as a result of the blast. There were others also injured.
Henry Pryde Teves, congressman of the third district of Negros Oriental is reported to be one of those who may have been injured in the blast, but this has yet to be confirmed.
There is yet no report whether the explosion was a result of a bomb, or any other source.
The Batasan Pambansa is the official venue of the lower house of Congress.
This is where the House of Representatives holds session
It also hosts the offices of more than two hundred members of the House.
The explosion comes at the heels of major controversies hounding members of the House.
The House justice committee is tackling the latest impeachment complaint against President Arroyo.
The committee, it is said, is poised to junk the impeachment complaint.
Earlier, many congressmen were embroiled in what was seen to be cash distribution in amounts of P500,000 each in Malacanang.
Some members of congress have confirmed having received such cash distribution.

Monday, November 12, 2007


I have received a couple of Airborne tablets from friends from the U.S.
Airborne are those popular tablet "effervescent health formula" which is mainly desgned to ward off possible viral attacks like the common cold, and boost the immune system.
I don't know I could buy them in local drugstores here.
But friends and relatives who ask me what I would like to have from the U.S. I always ask for Airborne.
I was given Airborne recently by cousin Kathlyn and tita Kathy.
Actually, the Airborne I got from my aunt was not actually for me.
Tita Kathy brought it for her own use while in the Philippines, but she gave it out.
The other day, a friend came back from the U.S. for the vacation and brought Airborne.
The Airborne package states that it was invented by a school teacher, named Victoria Knight McDowell.
According to the box or package: Take Airborne to boost your immune system. A healthy immune system helps your body fight germs. Take before entering crowded environments, like airplanes, offices, schools.
For me, I take Airborne when I notice that I could probably catch colds.
Just before I "invite" colds to my body, I take Airborne.
Believe it or not, it has been a very effective deterrent for colds, in my case.
But Airborne won't be effective if you have the colds already.
Airborne comes in many flavors, but my favorites are lemon lime and zesty orange.
You just drop one tablet in a cup of either hot or cold water.
Allow about a minute or two for the tablet to dissolve, and just drink the water thereafter.
I do not take it everyday, just when I feel the common cold is hovering around me.
I am not endorsing this product to anyone.
Better get read some reading about it before taking it.

Saturday, November 10, 2007

Catholic Church policy on suicide

I don't undertstand this policy of the Roman Catholic church on suicide.
I read in the Philipine Daily Inquirer a story abouth a priest having a dilemma on whether or not to grant final church rites upon the body of a twelve-year old who committed suicide.
I think that with this kind policy, the Catholic Church is making a pre-judgment on a person or his or her soul.
This prerogative of making pre-judgments does not belong to the Church.
In our criminal laws, a person who attempts at suicide has no liability.
Of course if his suicide is successful there is absolutely no liability because the person who committed suicide is already dead.
Our criminal laws punish those persons who give assistance to suicide.
It is punishable under Article 253 of the revised penal code.
Any person who shall assist another to commit suicide is liable.
If such person lends his assistance to another to the extent of doing the killing himself, such person is liable.
Even if the suicide is not consummated the person giving the assistance is still liable.
But the Roman Catholic Church, with its policy of not giving appropriate rites upon the body of a person who committed suicide, is penalizing the surviving relatives for an unfortunate circumstance they were not responsible for.
I think the remains of the 12-year old who committed suicide must be accorded the proper final ceremonies.
That's the least the Roman Catholic Church can do to the child.

Tuesday, November 06, 2007

Perjury raps filed against Mayor Perdices

Dumaguete City Mayor Agustin R. Perdices has been charged with two counts of perjury with the Dumaguete City prosecutors office.
The criminal complaint against Mayor Perdices was filed by Mercedarius Dindo Patrimonio Generoso, a Filipino and former Dumaguete city councilor, who also writes a column in the Negros Chronicle, a weekly newspaper.
The criminal charges follows the civil suit for damages also filed by Generoso agasint Mayor Perdices, for violation of a person's constitutional right to press freedom.
Mercedarius Dindo Patrimonio Generoso accused Perdices of lying under oath in his sworn complaint and amended complaint which the mayor filed against Generoso in June and August this year.
According to Generoso, the city mayor is liable for violating Article 183 of the revised penal code entitled 'False testimony in other case and perjury in solemn affirmation'.
Generoso filed the perjury complaint and swore before First Assitant City Prosecutor Ely Escorial.
A person is liable for perjury if he executes a material statement under oath and swears before a notary public wherein he makes a deliberate and willful assertion of a falsehood.
Generoso said the mayor lied in his sworn complaint and amended complaint when he stated that the defendant he was suing was an Australian residing outside, and is not found in the Philippines.
After stating this, Mayor Perdices alleged uner oath that since the defendant is residing outside the Philppines, such circumnstance constitutes a ground for the issuance of a writ of attachment.
Thereafter, in the same sworn statement, mayor Perdices prayed for the issuance of a writ of attachment.
As it turned out, the summons was served upon Generoso, a Filipino and resident of Dumaguete City.
Mayor Perdices validated this service of summons and even alleged later that the Australian defendant he sued, and Generoso the Filipino, are one and the same person.
When these contemptuous acts of the mayor were exposed in the media, mayor Perdices went to court, through his lawyers, and withdrew his application for attachment.
For this Generoso is holding Perdices criminally liable for the blatant acts of mocking, abusing and disrespecting the justice system.
Generoso also said that the act of the mayor and his lawyers of trying to fool the court into issuing an illegal attachment, he will initiate separate contempt proceedings against the mayor and his lawyers.
Their contemptuous acts degrade and impede the administration of justice, Genroso said.

Monday, November 05, 2007

Ghost stories

Last Halloween we were gathered around a dinner table, cousins, uncles, and aunts.
We talked about the favorite topic on Halloween---ghost stories.
For me, my Tito Bingo's true-to-life experience was the scariest.
He worked as an executive of a bank in Makati years ago.
His (temporary) office was in a building in the vicinity of Kalayaan Avenue, Makati.
One Saturday, he went to the office to work.
After work he went to the basement parking.
He was surprised when he noticed that his car had been transferred to another parking spot in the basement.
His driver was not in the basement so he called for him and inquired whether the driver transferred the car to another parking spot.
The driver himself was surprised that the car was transferred.
The key was with the driver all along.
They gave the bizzare incident little thought and just went home.
The following day, early in the morning at around 5:30 a.m. my tito Bingo drove the car for a jogging session.
When he was about to turn to a main road he glanced at the rear view mirror.
He swore he saw the image of a lady in white, long hair, who sported the scariest face.
He was stunned. He froze. He halted the vehicle.
Then slowly, he opened the door of the car, and went outside.
He went to the back of the car and tried to analyze, what he had just seen.
He saw no one inside the car.
We asked him whether the image he saw was seated in back of the car.
He said he won't claim one hundred percent that the image he saw was at the back seat.
He said he tried to to imagine and think that the image could have been of a woman who was walking behind the car, but he thought, it's 5:30 a.m. and there's no one walking on the street.
When he reported back to the office he asked the building guards whether there have been things happening in the building.
It was only that time that the guards confirmed that the building was the venue of two female deaths.
One was killed and the other committed suicide.
The guards said naturally they do not volunteer such kinds of stories for fear the building would run out of tenants.
But yes, the guards confirmed that strange things happen in the building.
Happy (post) Halloween...

Thursday, November 01, 2007


I am not very familiar with this word "causality".
I don't even know if I am spelling it correctly.
But I associate this word with Jimmy Licauco (His legal name: Jaime T. Licauco).
Jimmy Licauco does not know me, but he is a good friend of my Tito Bingo.
It is 11:30 p.m. November 1, 2007 and a while ago we were sitting at the dinner table here in our lola's home in Tagbilaran City.
The topic of our conversation strayed to Jimmy Licauco.
By the way, if you don't know Jimmy, he is famous for his explanations about things that are not really normal.
He has a radio program over DZMM called "Inner Mind."
Anyway, we were talking about Jimmy Licauco, and Tito Bingo said that Jimmy will tell you that nothing in this world happens by accident.
So, my other uncles like Tito Tony, suggested that perhaps we should invite Jimmy to conduct a seminar here in Tagbilaran.
We agreed that if that happens, we all should come and attend.
Tito Bingo said that this can be arranged with Jimmy.
A little later, my Tito Peter, sent a text message to Jimmy saying "How are you?".
Jimmy Licauco's response to Tito Peter's text was: "Am fine, thank u. Bilib naman ako sa yo. I also thot of u earlier tonite bec somebody fr bohol textd me askg if i have a seminar to be held in bohol. I said i have nobody that will organize one over there. Then i thot of asking ur opinion about its feasibility. What do u think?"
Talk about causality.
Nothing really happens by accident...

P.3M damage suit filed vs. Mayor Perdices

Dumaguete City Mayor Agustin R. Perdices was slapped with a P.3-million damage suit with the local court here last Tuesday.
Mercedarius Dindo Patrimonio Generoso, a Filipino and Dumaguete resident who writes an opinion for the Negros Chronicle, a 33-year old newspaper in Negros Oriental, filed a civil suit against the Dumaguete mayor for violating his constitutional rights and freedom to write for the press.
Generoso said the suit he filed last Tuesday is the initial salvo of several cases, administrative and criminal, which he is set to file against the mayor with various fora, including the office of the ombudsman.
The suit filed by Mercedarius Dindo P. Generoso is in connection with the earlier civil charges filed by mayor Perdices against an Australian citizen, whom the mayor alleged under oath resides outside the Philippines and is not found in the Philippines.
Yet, to Generoso’s surprise, the summons was mistakenly served upon him and the court directed him to Answer the mayor’s complaint.
The mayor alleged later that this Australian citizen he sued “claimed” to be a Filipino and led or mis-led the provincial government into entering a contract of services with him.
In the contract of services, this Australian citizen, whom the mayor alleged to have “claimed” to be a Filipino, also procured a residence certificate with the Dumaguete City government and came to the Philippines and appeared before, a notary public, Erwin Vergara, documents show.
Then later, Mayor Perdices, in a bizarre twist of his tale, alleged that this Australian citizen and Mercedarius Dindo Patrimonio Generoso, a Filipino, are one and the same person.
Mercedarius Dindo Patrimonio Generoso found the mayor’s sworn allegations ridiculous and contemptuous because he has never been an Australian citizen, and is not the defendant whom the mayor identified under oath in his complaint.
Contrary to the mayor’s allegations, I am not residing outside the Philippines, and I can be found in Dumaguete City, so I cannot be that defendant sued by the mayor, Generoso said.
Instead, it is Mercedarius Dindo Patrimonio Generoso who has been made to answer the mayor’s complaint, not the Australian who according to the mayor, under oath, resides in New South Wales, Australia and is not found in the Philippines.
Because of this harassment acts by the mayor against Generoso as a mediaman, Generoso said he has sued the mayor and is seeking damages for P300,000.00.
He explained that under the civil code, any public official who violates another person’s constitutional rights, such as the right to press freedom, can be held liable for damages.
This is the second suit of such nature filed in Philippine courts of recent recall.
The first was filed by several Manila journalists against First Gentleman Jose Miguel Arroyo, which is now pending before a Makati court.
Generoso said he has directed his lawyers to prepare other charges against the mayor before other courts for contempt, and before the office of the ombudsman.