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Escudero ‘worst choice’ as impeachment presider

Senator Chiz Escudero is being touted as presiding officer of VP Sara Duterte’s impeachment trial. Meaning, he, instead of Senate President Sherwin Gatchalian, is to chair the proceedings.

But Escudero has been weighed and found wanting in that role. He gained notoriety in 2025 for delaying Sara’s trial five long months. As the classic Filipino film goes, “Tinimbang [Siya] Ngunit Kulang.”

Suspicion paints Escudero’s promotion as presider. Is it in exchange for his switching sides June 3 to depose Alan Cayetano as Senate president and install Gatchalian? Is it a sly tilting of Sara’s second trial in her favor? What happens to the ombudsman’s P586-million flood control plunder rap which Escudero disavows?

Escudero is not without advocates. UP Law associate dean and constitutionalist Paolo Tamase cited four reasons to “give Chiz a chance” in a dzMM interview:

(1) He being a lawyer has a sense of what is procedurally correct and incorrect;

(2) Historically, lawyers presided over two impeachment trials: Chief Justice Hilario Davide for that of President Joseph Estrada and SP Juan Ponce Enrile for that of CJ Renato Corona;

(3) Escudero had no choice but to defer Sara’s 2025 trial because the majority then, like him, felt that they couldn’t proceed while the Senate was in recess;

(4) If Escudero becomes too rigid or too lax, the majority can overrule him.

Civil society and youth groups shudder at the sudden acclaim for Escudero. He is “most imperfect, most dangerous” for the job, said 1Sambayan, August Twenty One Movement, Student Council Alliance of the Philippines, Youth Against Kurakot, Pandayan Para sa Sosyalistang Pilipinas and Prayer Battalion.

Retired Supreme Court justice Antonio Carpio and trial lawyer Howard Calleja lead 1Sambayan. A signatory is Fr. Flavie Villanueva, 2025 Ramon Magsaysay Awardee.

Critics cite Escudero’s many delaying tactics as inability to discern procedural correctness. He defied the Constitution’s order for the Senate to commence trial “forthwith” upon receipt of the House’s Articles of Impeachment.

His first alibi was that the House voted to impeach Sara and transmit the Articles on Congress’ last session day, Feb. 5, 2025, before adjournment. He then quibbled over Sara loyalist Senator Bato dela Rosa’s premature motion to dismiss the raps even before the Senate was constituted as impeachment court. He entertained the motion of Sara loyalist Cayetano to remand the Articles to the House, again in defiance of the mandate to try the case “forthwith.”

Black’s Law Dictionary defines terms and phrases of American and English Jurisprudence, Ancient and Modern. In it, “forthwith” means “immediately; without delay, directly, hence within a reasonable time under the circumstances of the case; promptly and with reasonable dispatch.”

Forthwith is “agad” in the Constitution’s official Filipino translation.

The Constitution does not say that a lawyer-senator must preside over an impeachment trial. Lawyer Davide presided over Estrada’s trial because the Constitution says the CJ must do so in case the president is impeached. Lawyer Enrile presided over CJ Corona’s trial because he happened to be SP then.

Neither does the Constitution require SPs to be lawyers. Gatchalian is not the first non-lawyer to become SP. Non-lawyer predecessors include Blas Ople, Manny Villar, Jinggoy Estrada, Tito Sotto, Migz Zubiri.

The Senate majority has set Sara’s trial for July 6 onwards, while the Senate is in recess as a legislature. If for Escudero it was wrong to commence trial during last year’s recess, then why does he think otherwise today? Does that reflect an attitude as a lawyer to cook up an argument any which way? Filipinos quip that a group of 10 lawyers will come up with 11 opinions.

If only lawyer-senators can preside over impeachments, then why limit the choice to Escudero? Why not Alan or Pia Cayetano? Or Rodante Marcoleta who is facing an ombudsman complaint for P75-million plunder and bribery, which he denies? Why not Sen. Kiko Pangilinan who, at 62, is senior in age and lawyerly experience to Escudero, 56?

Speaking of which, Pangilinan is being relegated to mere impeachment manager. An impeachment manager’s role is like that of a majority leader. This too does not need a lawyer. During Erap’s trial, the majority leader and impeachment manager was Kit Tatad. During Corona’s trial, it was Tito Sotto.

The House impeached Sara for:

• P612-million malversation of OVP and DepEd confidential funds, including payments to dozens of fictitious persons like Mary Grace Piattos, Chippy McDonald, Fernando Tempura, Carlos Oishi, Amoy Liu;

• Unexplained wealth, including P6.77-billion deposits and withdrawals in undeclared bank accounts;

• Bribery of OVP and DepEd procurement officers;

• Assassination threats against President Bongbong Marcos, First Lady Liza Araneta and ex-Speaker Martin Romualdez.

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Veto Sandro’s sham bill, anti-dynasts urge BBM

Business, professional and civic groups banded together this week against the fake anti-political dynasty bill of the House of Reps.

House Bill 8389, approved on third and final reading June 3, actually legalizes instead of prohibits dynasties. The illustrious associations (listed below) sought three actions against it:

(1) For the Senate to reject the House version during Congress’ special session this week;

(2) For President Bongbong Marcos to veto any final version that would only prolong dynastic hold over politics and the economy;

(3) For BBM and senators to support a People’s Initiative in which citizens themselves will draft and enact a true anti-dynasty law.

The groups denounced the House measure as fake because instead of prohibiting dynasties it would cement control by a few families over national and local elective and appointive positions.

They said: “The bill limits its prohibition only to relatives within the second degree of consanguinity or affinity, and only within the exact same political unit. This sounds like a restriction. It is not. We have all seen a single family hold the governorship, the congressional seat and the mayoralty of a province simultaneously – while a brother or son sits in the Senate.”

BBM’s son Ilocos Norte 1st district Rep. Sandro Marcos co-authored the House bill with Speaker Faustino “Bojie” Dy III of Isabela’s 6th district.

Sandro in a press briefing Wednesday justified his sham bill: “Marami talagang political dynasties dito sa Lower House. I’d be an idiot if I said I wasn’t from one either. Let’s be honest with ourselves here.

“That was the limit as to the support that we could garner from the lower chamber. It became a consultative dialogue between the leadership and the party leaders to check how much support there is for that said bill. Should you make that bill stricter and more constrictive, nawawala ‘yung suporta ng lower House.”

Two hundred-seventy one of 318 congressmen, or 85 percent, approved the Sandro-Dy bill.

Those numbers show how entrenched dynasts are. In a 2020 study, Ateneo School of Government dean Ronald U. Mendoza said dynasts dominate 80 percent of Congress and 85 percent of local positions.

The stranglehold has worsened to 85 percent of Congress, La Salle political science ex-chairman Julio Teehankee told this writer in interviews on Sapol-dwIZ.

Dynasts have infiltrated even party-list representation that is supposedly for marginalized sectors. Twenty-five percent of party-list reps are dynasts, Philippine Center for Investigative Journalism reported recently.

Sandro, as presidential son, comes from the mightiest dynasty established by conjugal dictator grandparents Ferdinand Marcos Sr. and Imelda Romualdez Marcos, 1965-1986.

Sandro’s aunt Imee, BBM’s sister, is senator. His first cousin, Imee’s son Matthew Marcos Manotoc, is Ilocos Norte vice governor.

BBM’s first cousins Martin and Alfredo Romualdez are Leyte congressman and Tacloban city mayor. Martin’s wife Yedda and son Andrew Romualdez are also in Congress. Alfredo’s son Raymund Romualdez is Tacloban vice mayor.

BBM’s cousin-in-law Cecilia Araneta Marcos is Ilocos Norte governor. Nephew Eugenio Marcos Barba is 2nd district congressman.

Sandro’s bill applies only to Imee, estranged from brother BBM.

Dy hails from the country’s largest dynasty. After the May 2025 election, he listed 14 family members in Isabela province elective and appointive offices, and two in national executive positions.

Sons Francis Faustino and Faustino “Inno” V are Isabela vice governor and Echague town mayor. Daughters-in-law Alyssa Sheena Tan-Dy and Maria Katrina Jessica Gallegos-Dy are Santiago mayor and barangay San Fabian, Echague chairwoman. The latter also heads the Liga ng mga Barangay sa Pilipinas.

Brother Ian Paul and nephew Faustino Michael III are 3rd and 5th district congressmen.

Two more brothers Manuel Faustino and Faustino IV are 5th district provincial board members. Fourth brother Victor is Cauayan city councilor and Liga ng mga Barangay president.

Sister-in-law Cecilia La Madrid-Dy sits in the Philippine Commission on Women and is employers’ rep in the Region II Tripartite Wages and Productivity Board. (A civic leader, she is also National Council of Women president and United Nations Association of the Philippines treasurer.)

Niece Czarah Jane Dy is Cauayan city administrator.

Five nephews: Caesar Dy Jr., Cauayan city mayor; Benjamin Dy III, Cauayan vice mayor; Benjamin Isabelo Dy, Cabatuan councilor; Victor Dy Jr., barangay San Fermin, Cauayan chairman and Bernard Faustino Dy, ambassador to Switzerland and Liechtenstein.

Organizations combating dynastism are: Management Association of the Philippines, Makati Business Club, Financial Executives Institute of the Philippines, Philippine Institute of Arbitrators, Shareholders’ Association of the Philippines, Justice Reform Initiative, and Parish Pastoral Council for Responsible Voting.

Retired military and police generals and colonels are also promoting People’s Initiative for anti-dynasty law. Dozens have joined the signature drive headed by bemedaled Capt. Roberto Yap, Philippine Military Academy class 1982.

Among the first signatories: Generals Samuel Bagasin, Andy Andres, Wilfredo Bonilla, Manuel Mariano, Eliseo Rio, Wilfredo Franco, Alex Capina, Alexis Tamondong, Rolando Manalo, Rodrigo Diapana, Felicito Virgilio Trinidad, Jeffrey Delgado; Admirals Romeo Nebres, Jesus Millan; Commodore Vicente Buenaventura; Colonels Guillermo Cunanan, Michael Tome, Eliseo Posadas and Baguio city mayor Benjamin Magalong.

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Catch Sapol radio show, Saturdays, 8 to 10 a.m., dwIZ (882-AM).

Fight back China hostility by drilling our Recto gas

Fight back China hostility by drilling our Recto gas

The best defense is offense. China schemes to steal oil and gas in Recto Bank within Philippine exclusive economic zone. To avert that, the Philippines must extract the fuel for itself.

It can be done; it has been done. Up to two years ago China coveted Malaysia’s offshore petroleum. The latter held naval patrols with America and Australia while drilling for oil. Indonesia requested a US aircraft carrier sail-by as it drilled as well in Natuna Isles that China was grabbing.

Beijing shrieked. Kuala Lumpur and Jakarta coolly recited portions of Manila’s 2016 arbitral victory at The Hague against Beijing’s illegal claim over the entire South China Sea.

“Now China is quiet, while Malaysia and Indonesia enjoy their oil,” notes former Supreme Court Justice Antonio Carpio. “We should also invite naval allies to joint exercises while we drill in Recto.”

Recto has proven reserves. In 2013, the US Energy Information Administration estimated it at 5.4 billion barrels of oil and 55.1 trillion cubic feet of gas. That’s 63.5 times more oil and 20.5 times more gas than Malampaya, which will run out between 2024 and 2027.

National existence hangs on Recto replacing Malampaya. The latter fuels 40 percent of Luzon electricity. With no alternative, Luzon and parts of the Visayas will plunge into darkness.

Imagine the disaster. Water service, factories, offices, shops, telecoms, trains, schools, hospitals, hotels, diners, cinemas, churches will close. No work or classes from home either. Foreign investors will leave. Jobs will vanish.

Recto is a hundred miles from Palawan, within the Philippines’ 200-mile EEZ. It’s 650 miles from China’s southernmost province Hainan, thus outside its EEZ. The Hague arbitral court affirmed. China can’t claim it by imagined “nine-, ten- or 11-dash line.”

Although China snubbed the hearings, it’s bound by The Hague verdict under the UN Convention on the Law of the Sea. Its state-owned China National Offshore Oil Corp. has no right to drill there.

CNOOC cannot subcontract to private exploration firms, says Carpio. Shell, Occidental, Exxon, among others, are bound by international law, so will shun CNOOC.

Manila discovered gas in Recto’s Sampaguita fields in 1976. Three wells at 250 feet proved productive. The government awarded Service Contract-72 in 2002. Britain’s Forum Energy took interest in 2005. China repeatedly menaced its survey vessels.

Filipino magnate Manuel V. Pangilinan bought Forum to extract petroleum once and for all. Twice the Duterte admin delayed him to let CNOOC in, only to realize that the Chinese-state firm was only dribbling the ball. The Philippines also ran out of time.

Recto petroleum is why China is striving to dislodge BRP Sierra Madre from Ayungin Shoal. Ayungin (international name: Second Thomas) is at the entrance of Recto (Reed). The Philippine Navy beached its vessel there in 1999 to counter China’s 1995 occupation of nearby Panganiban (Mischief) Reef.

China’s Communist Party has long been craving Recto. Despite bannering China as an ancient civilization, CCP acts uncivilized.

Sierra Madre’s dozen or so Marines need regular supply and rotation. China Coast Guard gunboats ram and water cannon Filipino wooden civilian bancas ferrying food and other basic needs. Latest barbarism was on Dec. 10, the 75th anniversary of the UN Universal Declaration of Human Rights.

China’s coast guards report to CCP’s military commission. They shouldn’t be in Panganiban or anywhere in or near Ayungin, or Rozul (Iroquois) and Escoda (Sabina) Shoals in Recto’s west and eastsides.

“We should repair Sierra Madre,” says international maritime lawyer Jay Batongbacal, PhD. But China bars it, so the World War II-vintage ship and Filipino defenders would crash into the sea.

CCP mobilizes jingoist Chinese for aggression. Among the blockers of last Sunday’s Ayungin resupply were a Chinese cargo ship and two maritime militia trawlers.

The previous day, other militia trawlers assisted Chinese coast guards in water cannoning two Philippine government vessels near Panatag (Scarborough) Shoal. The Bureau of Fisheries and Aquatic Resources was only bringing fuel and food to Filipino catchers outside the shoal, which China grabbed in 2012.

On Tuesday, Dec. 5, Chinese cargo steel ship M/V Tai Hang rammed a Filipino wooden boat. The sun was bright at 4 p.m. and the sea calm when – Huang! One of the five Filipinos thrown overboard was able to video two Chinese crewmen on deck ascertaining the hit-and-run.

At Recto in June 2019, a Chinese militia trawler switched off its light then rammed an anchored Filipino boat at midnight. It switched its light back on momentarily to check if the 26 Filipinos had fallen into the sea, then fled.

It’s time Filipinos took the offensive.

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Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

Is TikTok really used for cyber spying?

Is TikTok really used for cyber spying?

TikTok went global in 2018. At once, security experts suspected it of being a Chinese cyber-espionage tool. Reasons against the micro-vlogging and e-commerce platform:

• It collects, uses and discloses users’ personal information. Substantial data are gathered without permission from other apps in the device. It draws sensitive data even when users don’t save or share content.

• TikTok developer ByteDance and founder Zhang Yiming are Chinese. In 2017 the China Communist Party enacted a National Intelligence Law. It compels Chinese companies and citizens to support domestic and overseas espionage and keep secret their participation.

Due to TikTok’s cyber-sabotage potential, several governments banned it from their devices. Foremost were China’s security disputants America, Canada, Britain, European Union, Australia, New Zealand and Japan. India forbade TikTok even in private mobiles and tablets.

ByteDance protested, citing company changes. It had opened to foreign shareholders. CEO Zhang had acquired US citizenship and emigrated to California’s Silicon Valley.

Its engineers were cooperating with concerned states to resolve security and privacy issues.

China’s foes were unconvinced. ByteDance and most overseas employees remain Chinese, all subject to CCP’s intelligence apparatus.

Tiktok’s overseas servers interconnect with those in China. Backdoors may exist surreptitiously to access unauthorized data, and malware planted to subvert.

The Philippines disagreed with security allies then. President Rodrigo Duterte professed love for Chinese President Xi Jinping. He allowed a new telco to set up cell sites inside military camps – a potential eavesdropping risk.

TikTok became a sensation not only among civilian government employees. Uniformed, intelligence and foreign affairs personnel also installed it in state-issued gadgets. Short videos were entertaining.

The National Security Agency now wants to prohibit TikTok from official devices due to disinformation capability. Reuters reports that Filipinos are among the top ten nationals who imbibe news mostly from TikTok.

NSA notices pro-China news and views – as China escalates aggression in the West Philippine Sea. “Disinformation operations, psychological warfare and other stuff are being done,” NSA Assistant Director Jonathan Malaya says.

He adds: “Banning wouldn’t be for those in the civilian sector, but for security, armed forces, uniformed personnel, intelligence.”

China is becoming more and more a surveillance state. It spies on its own citizens via millions of CCTVs in street corners. With artificial intelligence, each camera can detect 60 faces simultaneously, analyze up to 100 faces per second and store 1.8 billion images.

Abroad, CCP’s International Department has “influence fronts.” These are spying units disguised as Chinese citizens’ help centers or embedded in academe, industry, political and civic groups.

The US suffered 224 Chinese spying from 2001 to 2022. Forty-nine percent directly involved Chinese military or government employees, 41 percent were private Chinese citizens and ten percent were compromised US citizens.

Purposes overlapped: 46 percent of incidents were cyber espionage, 29 percent military technology theft, 54 percent commercial technology theft and 17 percent on politicians. That’s despite a 2015 deal by president Barack Obama with Xi to lessen snooping.

Europe detected six Chinese military fronts for cyber spying and hacking. The “advanced persistent threats” were seen “conducting malicious cyber activities against business and governments in the Union,” said the EU Agency for Cybersecurity and the Computer Emergency Response Team.

Upon special extension as CCP chairman in October 2022, Xi imposed a new rule. All Chinese companies are to have “party cells.” To avoid conflict, CEOs and proprietors swear allegiance to and parrot Xi’s quotations.

Within weeks, Nikkei Asia reported, more than two-thirds of Chinese firms traded in the Hong Kong Stock Exchange had articles of association with CCP.

TikTok’s parent firm cannot escape CCP assumption. But NSA must take care to speak of banning not for content but technological security. NSA can acquire info from intelligence partners Five Eyes and EU.

Information-Communication Technology Sec. Ivan Uy resists banning for content: “There has to be basis. [NSA] can have TikTok explain to us their technology … Not only [TikTok but] all social media are abused for disinformation and fake news.”

TikTok Philippines disavows CCP ties. “Shareholders own private companies like ByteDance,” Policy Officer Toff Rada asserts. “Who are they? Sixty percent are foreign global institutions like General Atlantic, Softbank, KKR; private investment companies, some Americans. Companies are run by boards of directors.

“None of ByteDance’s directors are with the Chinese government. Three are American. We have said again and again that TikTok is not in China. Parent company ByteDance has only one subsidiary operating there …  In all these years, no one has produced even a shred of evidence that we have leaked data to the Chinese government.”

But that’s precisely because of the secrecy requirement of China’s intelligence law, a defense official counters: “Admit your cyber-snooping participation, and you and your family will go to prison.”

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Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

He told us our faults through comedy

He told us our faults through comedy

Photo from website of Amerasia International Terminal Services Inc.

Manuel Urbano Jr. sounded excited as always when he phoned on June 8th, his 84th birthday. I thought he would ask me like before to help tackle a hot issue on his hit YouTube channel “Mr. Shooli.” Then my jaw dropped when he said from out of the blue, “Mr. Shooli is losing steam.”

“It can’t be po,” I replied about his show that metamorphosed from mainstream television’s “Mongolian Barbeque” in the 1980s to “Mr. Shooli” in film and online. “It’s a YouTube sensation. Episodes go viral. Audiences mimic the gags, the intonation, even production styles. And it has many sponsors.”

Manong Jun hushed me: “I don’t mean Mr. Shooli the show, I mean me as Mr. Shooli.”

Fans knew it’s the inimitable Jun Urbano behind the comedic Mr. Shooli. But he always differentiated between himself as creator-director and Mr. Shooli as character. Program guests in the past three decades realized that. He’d tell them for example, “After Mr. Shooli introduces you and the subject matter, go right in as you wish.”

But on that morning he referred to Jun Urbano and Mr. Shooli as one. Odd.

Manong Jun expounded: “Todo ganado pa rin ako. But it’s becoming harder and harder to get up from bed, research the material, write the script, put on costume and make up and set up lights, audio-video and gear.” Naka-alalay pa ng husto niyan si Banot at Morado (two of his four sons.)

He ended the call with a wish, “Panahon na ng mga bata, sana sila naman.”

Manong Jun had undergone quintuple heart bypass in 2012. He was later diagnosed with chronic obstructive pulmonary disease. But that never seemed to bother his hectic work. Before and after his heart surgery, he produced more than a thousand television commercials.

He appeared weekly as Mr. Shooli in the TV satire “Mongolian Barbeque.” Viewers became familiar with his bright red regal attire, fu manchu moustache on the side of his lips and supposedly chinoy accent. They laughed as he told them their faults through comedy.

He also produced and starred in two movies. The titles hinted at the satirical content. “Juan Tamad at Mr. Shooli sa Mongolian Barbeque” was about the fabled indolent Pinoy who lay down under the guava tree and waited for the fruit to ripen and drop by itself into his mouth.

“Ang M.O.N.AY. ni Mr. Shooli” or “Misteyks op da Neysion Adres Yata” parodize politicos. Jun Urbano’s best friend Leo Martinez directed and costarred as Tongressman Manhik-Manaog. They obviously got away with it.

Jun Urbano had other projects in mind, including one on the sad-happy life of overseas Filipino workers. Another is about a US-born millennial balikbayan who learned that the good in the homeland outweighed the bad so decided to stay. Friends were eager to finance him. But in at least two press interviews he said he felt he was about to board his final flight.

He did last Saturday, Dec. 2. But not before two fitting tributes.

On Aug. 13, The Filipino Academy of Movie Arts and Sciences honored Jun Urbano with its highest accolade. The Dr. Jose R. Perez Memorial Award was for his “outstanding achievements and lasting impact on the film industry.”

FAMAS recognized Urbano’s dedication to the craft, “cementing his legacy in the annals of Filipino cinema.”

The University of the Philippines-College of Mass Communications revered him too. On Oct. 11 UP-CMC gave him the Gawad Plaridel 2023 for “outstanding accomplishments in the fields of television, advertising and film.”

The citation said it all: “For creating productions in television and film that elevated the substance and form of comedy that future generations of Filipino media practitioners can look up to as models for creating media productions with superior quality and social commitment.”

Gawad Plaridel is granted only to living communication artists and scientists. This is because it has a requirement – for the recipient to lecture on his craft.

Jun Urbano did just that right after accepting the trophy on stage. He was dressed as Mr. Shooli. And since it was in public, he dissociated the awardee Manuel Urbano Jr. from the recipient in bright red.

He said: “I’m sorry po, nahihiya humarap si Jun Urbano sa mga matatalinong propesor at estudyante dito sa UP. Ipinadala niya si Mr. Shooli para tanggapin itong parangal ninyo.” Then Mr. Shooli delivered what is perhaps Jun Urbano’s last way of making us laugh by telling us about our faults.

Read “Wha’ happen to you, Mr. Shooli asks Pinoys,” Gotcha, 1 Nov. 2023: https://www.philstar.com/opinion/2023/11/01/2308013/wha-happen-you-mr-shooli-asks-pinoys.

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Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

It’s back to lower court to settle Subic port unrest

It’s back to lower court to settle Subic port unrest

Photo from website of Amerasia International Terminal Services Inc.

What are a freeport locator’s rights? A court answer to that simple question can settle turmoil in the sprawling economic zone. Perhaps assuage restive workers.

Cargo handler Amerasia International Terminal Services is a pioneer at Subic Bay Freeport. It petitions the Olongapo Court for “declaratory relief.” Such plea seeks “an authoritative statement of rights and obligations of parties.”

On a definition of rights depends Amerasia’s operation, capital and workers. Its case “is not to settle issues arising from an alleged breach [of rights and obligations, but] may be entertained before the breach or violation of contracts.”

Dire events prompted the court petition. In 2021 the Supreme Court 3rd Division upheld the Olongapo judge’s kicking Amerasia and fellow pioneers out of Subic. Although the five magistrates were split 3 to 2, the case was not raised to the en banc.

Thus, newcomer Harbour Centre Port Terminal Inc. is set to replace the pioneers, based on issues questioned 13 years ago.

The SC is not a trier of facts; it determines constitutionality, legality and procedural validity. So it’s back to the lower court for a factual declaration.

One of two respondents is Subic Bay Metropolitan Authority (SBMA). The other naturally is Harbour Centre.

Since June 2023 Amerasia has been asking SBMA about its plans, given that previous chairmen, administrators and board members resisted Harbour Centre’s entry. Present SBMA chairman-administrator Jonathan Tan and director Jose Mari Ponce were mum. SBMA simply issued Harbour Centre notices of award and to proceed.

Foreign and domestic investors are closely monitoring the case outcome. They need proof of sanctity of Philippine contracts.

Other Subic pioneers, high-tech port developers Mega Subic Terminal Services and Subic Seaport Terminals, are watching too. Same with their thousands of employees who fear job losses.

Since 1994 Amerasia, Mega Terminals and Subic Seaport Terminals have contributed P2.7 billion to SBMA revenues. Suppliers who installed P1 billion in machineries and shops added more.

All now worry about being eased out. Unknown is how many of 145-thousand workers and entrepreneurs from surrounding provinces will also be adversely affected.

Harbour Centre in November 2009 unsolicitedly had proposed to operate Subic Freeport for P6.4 billion. By February 2010 the outgoing SBMA administrator signed a joint venture – stating only P200-million Harbour Centre investment over three years.

The three-month “evaluation” surprised locators. The joint venture came ahead of publication and conduct of competitive challenge, a breach of 2008 guidelines. It was also done during the 2010 election ban on government contracting.

Deadline was set on April 22, 2010 for submission of counter-proposals. SBMA received none, precisely because of the prohibition that insulates state projects from political partisanship.

The National Economic and Development Authority hadn’t studied the legal, financial and technical viability. The President as NEDA chairman and Cabinet secretaries in the board did not approve the deal. In July 2011 NEDA invalidated it for procedural breaches.

Still the Olongapo judge affirmed the joint venture. The Court of Appeals in 2013 reversed the lower court, and the Supreme Court 3rd Division in 2021 in turn reversed the CA.

Amerasia’s new case exhibits its 2007 Lease Agreement with SBMA over part of the freeport for 25 years. The cargo handling lease precedes the 2010 SBMA deal with Harbour Centre.

Amerasia further presents SBMA’s 2015 Amendment extending the 25-year lease by eight more. This shows that SBMA recognized Amerasia as cargo handler instead of the 2011 Joint Venture with Harbour Centre.

Another exhibit: SBMA’s issuance to Amerasia of Certificate of Registration and Tax Exemption in December 2021. This upholds Amerasia as a Subic Freeport cargo handler, in conflict with the concession granted to Harbour Centre.

The Olongapo Court must clarify the facts fast. From there Amerasia, Mega Terminals, Subic Seaport Terminals, SBMA and Harbour Centre can plot their next moves. Same with other foreign and domestic investors.

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Catch “Sapol” radio show, Saturdays, 8-10 a.m., dwIZ (882-AM)

            “Gotcha: An Exposé on the Philippine Government” is available as e-book and paperback. Get a free copy of “Chapter 1: Beijing’s Bullying and Duplicity”. Simply subscribe to my newsletter HERE. Book orders also accepted there.

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Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behavior (analyze web traffic, web pages you spend the most time on, and websites you visit).

The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that cookies don’t allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

If you want to disable cookies, you can do it by accessing the settings of your internet browser.

 

Links to Other Websites

Our website contains links that lead to other websites. If you click on these links jariusbondoc.com is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

 

Restricting the Collection of your Personal Data

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:

 

  • When you are filling the forms on the website, make sure to check if there is a box which you can leave unchecked, if you don’t want to disclose your personal information.
  • If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you.

 

jariusbondoc.com will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

 

II. COPYRIGHT NOTICE

All materials contained on this site are protected by the Republic of the Phlippines copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of jariusbondoc.com or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

However, you may download material from jariusbondoc.com on the Web (one machine readable copy and one print copy per page) for your personal, noncommercial use only.

If you wish to use jariusbondoc.com content for commercial purposes, such as for content syndication etc., please contact us at jariusbondoconline@gmail.com.

Links to Websites other than those owned by jariusbondoc.com are offered as a service to readers. The editorial staff of jariusbondoc.com was not involved in their production and is not responsible for their content.

 

III. TERMS OF SERVICE

 

  1. GENERAL RULES AND DEFINITIONS

 

1.1 If you choose to use the jariusbondoc.com service (the “Service”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and jariusbondoc.com (“jariusbondoc.com “).

 

1.2 jariusbondoc.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail. It is your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes.

 

1.3 If any of these rules or any future changes are unacceptable to you, you may cancel your membership by sending e-mail to jariusbondoconline.com (see section 10.1 regarding termination of service). Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.

 

1.4 jariusbondoc.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. jariusbondoc.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

 

  1. JARIUSBONDOC.COM CONTENT AND MEMBER SUBMISSIONS

 

2.1 The contents of the jariusbondoc.com are intended for your personal, noncommercial use. All materials published on jariusbondoc.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by jariusbondoc.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

 

2.2 The Service and its Contents are protected by copyright pursuant to the Republic of the Philippines and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.

 

2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from jariusbondoc.com or the copyright holder identified in the copyright notice contained in the Content.

 

  1. FORUMS, DISCUSSIONS AND USER GENERATED CONTENT

 

3.1 You shall not upload to, or distribute or otherwise publish on the message boards (the “Feedback Section”) any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

 

3.2 (a)Be courteous. You agree that you will not threaten or verbally abuse jariusbondoc.com columnists and other jariusbondoc.com community Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

 

3.2 (b) Use respectful language. Like any community, the Feedback Sections will flourish only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.

 

3.2 (c) Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. jariusbondoc.com encourages active discussions and welcomes heated debate in our Feedback Sections. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.

 

3.3 The Feedback Sections shall be used only in a noncommercial manner. You shall not, without the express approval of jariusbondoc.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

 

3.4 You are solely responsible for the content of your messages. However, while jariusbondoc.com does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, jariusbondoc.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

 

3.5 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by jariusbondoc.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant jariusbondoc.com a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for jariusbondoc.com or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to jariusbondoc.com or any other website owned by it, including any Submission posted on jariusbondoc.com through a third party.

 

3.6 By submitting an entry to jariusbondoc.com’s Readers’ Corner, you are consenting to its display on the site and for related online and offline promotional uses.

 

  1. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

 

4.1 jariusbondoc.com contains links to other related World Wide Web Internet sites, resources, and sponsors of jariusbondoc.com. Since jariusbondoc.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

 

  1. REPRESENTATIONS AND WARRANTIES

 

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless jariusbondoc.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. jariusbondoc.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

5.2 jariusbondoc.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

 

  1. COMMUNICATIONS BETWEEN JARIUSBONDOC.COM AND MEMBERS

 

6.1 If you indicate on your registration form that you want to receive such information, jariusbondoc.com, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.

 

6.2 jariusbondoc.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

 

6.3 jariusbondoc.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of jariusbondoc.com.

 

6.4 jariusbondoc.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Website and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

 

  1. TERMINATION

 

 

7.1 jariusbondoc.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

 

  1. MISCELLANEOUS

 

8.1 This Agreement has been made in and shall be construed and enforced in accordance with the Republic of the Philippines law. Any action to enforce this agreement shall be brought in the courts located in Manila, Philippines.

 

8.2 Notwithstanding any of the foregoing, nothing in this Terms of Service will serve to preempt the promises made in jariusbondoc.com Privacy Policy.

 

8.3 Correspondence should be sent to jariusbondoconline.com.

 

8.4 You agree to report any copyright violations of the Terms of Service to jariusbondoc.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the jariusbondoc.com service, please notify jariusbondoconline.com. This Terms of Service was last updated on November 7, 2020.