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EDITORIAL: Garage as a prerequisite to car ownership: Individual rights vs public order

in News/Opinion/Tabloid PH News
Garage as a prerequisite to car ownership: Individual rights vs public order
Image Credit: Wikipedia / Tabloid PH

Two bills seeking to regulate the sale of motor vehicles—by requiring buyers to show unassailable proofs of ready garage or parking space—are now undergoing committee deliberations at the Senate.

Senate Bill (SB) 368 authored by Sen. Sherwin Gatchalian and SB 679 authored by Sen. Bong Revilla are timely, with the road-clearing operations of the local government units and concerned state agencies already underway, as ordered by President Duterte.

Already, streets in the metropolis have been rid of mobile and ambulant obstructions, including parked vehicles, which eased the flow of vehicles and people. 

However, as what Filipinos have become accustomed to, concerns were raised over the sustainability of this campaign—with the government’s resolve feared to eventually give in to ningas kugon (fiery at start only die down easily) again. And don’t forget, hard-headed Filipinos would always try to sneak in and test implementation if it would really be round-the-clock.

This is why we believe that in a way, the bills of Revilla and Gatchalian will greatly contribute to institutionalizing the campaign of keeping the streets free of obstructions.

Gatchalian’s SB 368, which covers Metro Manila only, adds as a requirement to vehicle registration a duly notarized affidavit attesting to the availability of a permanent or leased parking space or facility specifically intended for the vehicle to be purchased.

Revilla’s SB 679 expanded the coverage to other traffic-prone areas, such Angeles, Bacolod, Baguio, Cagayan de Oro, Cebu, Dagupan, Davao, Iloilo, Naga and Olongapo.

But during the Senate hearing last October 8, Senator Aquilino Pimentel III already raised possible constitutionality issues that these bills might encounter, particularly the right to ownership and discrimination. “I would like to invite the lawyers’ association to look into the constitutional angle of this, if this is discriminatory or not,” he said. “From the very start, we are disqualifying a certain segment of society from owning motor vehicles.” 

So now, it boils down to this: individual rights versus public order and safety. 

Pimentel is probably worried that even if the bills are passed into law, their implementation would only be stopped once some groups have questioned its constitutionality before the Supreme Court, thus, putting the time and efforts of the lawmakers, as well as public funds, to waste.

Supreme Courts in different countries have had varied decisions when justices were faced with the task of weighing public order and safety versus individual rights.

In the United States, for example, the court has ruled in favor of protecting individual’s right to own guns against laws that sought to curtail it.

What happens now? 

We share the concern of Sen. Pimentel—we don’t want a law with good intentions to just go down the drain because of technicality or constitutionality issues. The lawmakers should do their homework. Consult all stakeholders, especially legal luminaries.

It’s easy to always side with the common good, or the public’s sake. But individuals have their rights too. 

Offhand, we can see some balancing acts happening; as the cliches goes: win-win solutions.

This is the beauty—or undoing—of a democratic society. 

CONTROVERSIAL GCTA LAW LIMELIGHTING Sec. PANELO

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CONTROVERSIAL GCTA LAW LIMELIGHTING Sec.PANELO
Image Credit: www.esquiremag.ph

Manila – Most controversial spokesperson of President Rodrigo Roa Duterte dragged in the Senate Inquiry on misinterpreted GCTA LawPanelo was appointed as Presidential Spokesperson on October 15, 2018, replacing Harry Roque.

Sec. Salvador “Salsalito” San Buenaventura, served as the defense lawyer of prominent politicians such as Datu Unsay Mayor Andal Ampatuan Jr. who was implicated in the 2009 Maguindanao Massacre, Calauan Mayor Antonio Sanchez who was tried for the 1993 Eillen Sarmienta and Allan Gomez murder and the family of former President Ferdinand Marcos in relation to recovering their ill-gotten wealth.

Panelo also lawyered for former Commission on Election Chairman Benjamin Abalos who was embroiled in the 2007 elections scandal, Philip Medel who was convicted in the murder of actress Nida Blanca and the family of slain racing champion Enzo Pastor. His other clients include celebrities such as Deniece Cornejo in her 2014 rape case against actor Vhong Navarro, and Dennis Roldan who was convicted of kidnapping a Filipino-Chinese boy in 2005.personalities.

His intentions to help his client former mayor of Calauan, Laguna, Antonio Sanchez to enjoy the provisions of the Good Conduct Time Allowance (GCTA) law, unfolded. Immediately afterward, he and President Duterte retracted their support for the execution of the GCTA, which has already freed most of their friends. He is also known to not answer any questions given to him by the media, but rather go around the bush (or forest) and answer any non-relevant responses under the sun instead.

Panelo, also known as the master of masquerading scenarios, wherein some media friends, used to speculate to what the Secretary trying to imply.

Updated: Secretary Panelo reacted on the articles published by Rappler and Inquirer.net related on his letter to the Board of Pardon and Parole on the executive clemency application of rapist and murderer (his former client) Antonio Sanchez.

Image Credit: PCOO

“Those articles are reeking not only with irresponsibility but with malice and it is libelous in nature because it imputes an act to discredit me in public and to tarnish my honor,” Panelo said in an interview with reporters in Malacañang on Tuesday.

“In view of this, I am filing a libel case against Net Inquirer and Rappler for publishing these malicious articles,” he added.

The complaints are already being drafted by his office, he said.

Panelo was referring to the Inquirer.net tweet that said he wrote a letter “recommending” executive clemency for rape-slay convict Sanchez.

Rappler published an article entitled, “LOOK: Panelo endorsed Sanchez’s letter for executive clemency.” 

Secretary Panelo took exception to the use of the words “recommending” and “endorsed.” He demanded a correction from the inquirer.net. but he receive no response yet.

He also mentioned a Rappler article which quoted him as saying he met with members of the Sanchez family  in his Malacañang office.

Most recently: Panelo is criticizing Sen.Bong Go…”pumapapel” over the issue tackled in the Senate Inquiry.

(Bro.Fred/FM 🇵🇭)

OPINION: BUCOR’s Chief Faeldon, SUMMONED BY SENATE

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BUCOR's Chief Faeldon, summoned by the Senate

Manila – GCTA  Suspended, Senate step – in to clarify.

Malacañang Palace will go after to some officials of the Bureau of Corrections (BUCOR) who are responsible for the release of 22 high profile convicted for drug trafficking, kidnapping with ransom, Murder, Rape with murder, carnapping and parricide (including those Chinese, convicted for drug trafficking, fowarded to Immigration for deportation) due to misinterpretation of R.A. 10592 Good Conduct Time Allowance (GCTA) Law.

The information published due to uproar of the public after the announcement that convicted for 7 counts for murder and rape, former Calauan, Laguna Mayor Antonio Sanchez is possible to be released.

In my personal opinion:

I honestly believe that R.A. 10592 passed by the 15th Congress and signed into law by former President Benigno “Noynoy” S. Aquino on May 29, 2013, with a clean conscience and clear mind that objectively, those who will be granted earlier release are only those who are qualified in accordance with the provisions of the said law.

The case of Antonio Sanchez and those who were granted liberty due to GCTA, which is now the subject of Senate Inquiry, scheduled tommorow, wherein the subpoena has been sent to BUCOR Chief Faeldon.

The said Senate Inquiry will enlighten the public, what is/are the provision/s of that law, which seems confussing and disadvantageous to the best interest of Filipino majority. And to what point some Bucor officials has made it more conflicated and/or incomprehensible.

Ironically, the implementation of the GCTA law has been temporarily suspended, a bad news to those PDL (persons deprived of liberty) convicted of minor offense, who are incarcerated to provincial, city and municipal jails, their expectations to be reunited with their loved one are impossible to happen before Christmas Season, having said so, congested jail will be come more problematic.
(Bro.Fred/FM🇵🇭)

https://www.lawphil.net/statutes/repacts/ra2013/ra_10592_2013.html

OPINION: 60-Day Period, NOT A COMPETITION

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60-Day Period, NOT A COMPETITION

Manila – Compliance with 60-day Period of Clearing Roads is not a Competition….

The unprecedented performances of Mayor Francisco “Isko Moreno” Domagoso, upon assuming in the office and the experiences, leadership and the untainted record of being a public servant of Mayor Edwin L. Olivarez, that merely in six (6) years, since he took the Chief Executive position by mandate entrusted by majority of Parañaqueños in 2013, he turned Parañaque City to a fast growing prime city in Metro Manila, which became talk of the town in every streets in Metro Manila (particularly in Parañaque City) and to the neighboring provinces.

Inevitably, the comparison to both highly esteem public servants begun when Mayor Edwin L. Olivarez, sits as the Chairman of Metro Manila Mayors.

In my personal opinion:

Image Credit: Manila Public Information Office

“Yorme Isko” as “batang Maynila” rooted in the City, he is a living example of “rags to riches”: his unfortunate beginnings does not became obstacles to fulfill his dreams for all Manileños.

Although, his battle is just begun and so early to declare of success, i honestly believe, Manileños can look forward for a clean and orderly Manila, a prime city and the country’s portal to the world.

“Kuya Edwin” is a veteran public servant, since he became a board member and Vice-Governor of Laguna Province, Congressman of District 1 and Chief Executive of Parañaque City, (not to mentioned a successful businessman) a person of integrity and credibility and accomplished public-servant.

Be rest assured that both of them will be part of history of the Metro-Manila, along with 14 City Mayors and 1 Municipal Mayor.

Image Credit: mayoredwinolivarezofficial

Mayor Edwin L. Olivarez spearheading the program of development of Metro-Manila Council, together with his esteem members they are bound to follow the mandates, specifically, the President Rodrigo Roa Duterte’s order given to DILG during his SONA on July 22, 2019 – clearing/removal of roads and streets obstructions.
Thus, on August 5, 2019, the 60-day period given to local executives for the removal of street obstructions.

DILG Secretary Eduardo Año, revealed that this comes with the official release of a department order mandating mayors to conduct clearing operations.

The Department Secretary issued a memorandum circular clearing local roads of obstructions. “Binibigyan natin ang local government units ng 60 days mula sa ngayon para isakatuparan ang pagbabalik ng kalsada sa mga tao,” he said, during a press conference after meeting Metro Manila mayors at the DILG office in Quezon City.

After 60 days, non-complying mayors would be slapped with a two-month preventive suspension while an investigation is underway, Año said.

“We understand that there are cities that are really very big, for example ang Quezon City, napakalaki. So para may uniform implementation time […] I think that is enough time to implement it (memorandum circular),” he explained.

“Ang preventive suspension ay dalawang buwan habang umaandar yong imbestigasyon. With the result of the imbestigasyon, ‘don lalabas kung one month or one year or two years,” he added.

The memorandum circular came after President Rodrigo Duterte himself asked DILG during his State of the Nation Address (Sona) last July 22 to suspend mayors who refuse to clear roads.

(By Bro.Fred/FM 🇵🇭)

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