Jinggoy's Estrada's Privilege Speech on Hilario Davide Jr.'s Appointment to the Truth Commission

Privilege speech

Senate President Pro-Tempore Jinggoy Ejercito Estrada

Re the appointment of Hilario Davide Jr.

To the Truth Commission

August 17, 2010

A Truth Commission Requires A Truthful Chair

Mr. President, Distinguished Colleagues of this August Chamber:

I rise today on a matter of personal and collective privilege to reveal the dangers accompanying the appointment of former Supreme Court Chief Justice Hilario Davide, Jr. to the recently created Truth Commission.

Lest I be misinterpreted, I would like to establish the following at the onset:

First, I express my full cooperation and unqualified support to President Benigno C. Aquino III in his quest for truth and justice for our country, for our people, and for our common futures. As President, I trust that he will honor the people by providing the sincerity in public serVice that was utterly lacking in the Arroyo administration. Therefore on our part, as the people, we must honor our common heritage of democracy, whatever our creed, religion, or political affiliation, by coming together to support President BenignoAquino's truth-finding mission.

Secondly, this privilege speech will not question the creation of the Truth Commission.

To the extent that Executive Order No. 1 represents a genuine effort “to determine the truth regarding certain reports of large scale graft and corruption in government and put a closure to them by filing appropriate cases against those involved¡k deter others from committing the crime, and restore the people’s faith and confidence in the government and in their public servants,” to that extent we trust that President Aquino will make his word as good as his bond.

Any opposition on the creation of the Truth Commission, I will leave to the greater legal luminaries of this august chamber, if they so choose to speak on the matter, considering they have already given a preview of their legal interpretation of this matter to the media.

What I will discuss is not the creation of the Commission but its proposed leadership.

I have no doubt that President Aquino had nothing but the noblest motive in mind when he first thought of naming Mr. Davide to that position. Obviously the President was acting in the honest belief that he was choosing an eminently qualified man for that all-important post. Otherwise, he would not have announced Mr. Davide's name for the position even before the Commission was actually created.

Unfortunately the President's highly favorable impression of Mr. Davide is not borne by the truth concerning his professional conduct and personal character.

Therefore, considering that the kind of justice that the Filipino people have yearned for is very much dependent on the success of the Truth Commission, and due to the stubborn audacity of Mr. Davide in accepting the position when delicadeza required him to decline it, I am compelled to discuss here the matter of the character of Hilario Davide Jr.

This man's very presence in the Truth Commission is a mistake that this present administration and our nation cannot afford. For considering the most esteemed titles he has held, the records prove that HilarioDavide is a man whose character is not only questionable but dubious.

He is a former Chief Justice who has ignored the law not by neglect but by design. He is an opportunistic politician who has circumvented the law to further his personal interests, who has violated the law for personal convenience and greed, and who has gone as far as threatening members of the House of Representatives so that the truth can be suppressed.

I challenge this man's appointment as head of the Truth Commission because we must sooner realize that Davide's intention to investigate the anomalies of the Arroyo administration are more apparent than real. The fact is that Davide's appointment poses more dangers than dignity and warrants more caution than confidence in the Truth Commission.

The supporters of Mr. Davide, of course, will be quick to disagree. They will say that Davide proved his competence at the impeachment trial of my father, former President Joseph Estrada; that he is qualified because he is a former Chief Justice of the Supreme Court; that he is qualified because he was ambassador to no less than the United Nations; and that he was even a Ramon Magsaysay awardee.

The Davide supporters might even try to belittle this speech by going as far as saying that this is not a moral but a personal crusade by the Estradas against Davide.

To you who will be listening to my speech with prejudice, I say this: if you cannot listen with open hearts, at least listen with open minds. For sometimes it is the most esteemed men who act as if they were above the law, as Davide has. As a Vice President, my father observed that there are hoodlums in robes; I will prove to you that Davide is precisely one.

Remember, too, that while titles and awards bestow honor upon the recipient, the records prove a man's integrity. So kindly allow me to indulge you, because the records that I will present before this august chamber will prove to you that when it comes to integrity, Davide has practically none. His character is no different from the very subject of the Truth Commission, his best friend, Gloria

Macapagal Arroyo.

Author of the Biggest lies In Contemporary History

(Establishing Davide's Close Ties to GMA)

In fact, the first question that comes to the minds of the public upon learning of Davide's appointment as Chairman of the Truth Commission is this: how can the very person who sealed the conspiracy to place Arroyo in power be the head of the body that will investigate her?

The irony of Davide as head of the Truth Commission is not only obvious, it is glaring. With Davide as head of the Truth Commission against Arroyo, we might as well ask benjamin abalos to investigate the NBN-ZTE deal or have Jocjoc Bolante investigate the fertilizer fund scam or even ask Virgilio Garcillano to investigate the Hello Garci scandal.

There is no difference between Davide and these other accomplices to Arroyo's crimes.

Remember that the very foundation of the Arroyo administration was one big lie. One big lie told and then covered up by no less than the Chief Justice of the Supreme Court at the time, Hilario Davide Jr.

Recall that Davide betrayed his oath as Presiding Justice of the Impeachment Tribunal when he allowed the senator-judges to walk out of the hearings even if he should have called the court to order. At the moment when he was supposed to play the role of magistrate, he played the role of politician.

Recall that Davide betrayed his oath as Chief Justice when, instead of declaring a mistrial for failure to prosecute, he allowed reports to surface that he was going to administer Arroyo's oath as President, without even consulting the Supreme Court. As documented in Marites Vitug's book, Shadow of Doubt, Justice Vitug had to practically beg Davide, [and I quote] "don't do anything before you have consulted the court. Please convene the court." At the height of a Constitutional crisis, when he was needed most to act as Chief Justice, he played the leading role in the ouster of the duly-elected and legitimate President.

Worst of all, Davide participated in the conspiracy of Edsa Dos when he accepted then Vice President Gloria Arroyo's letter to administer her oath of office as President of thePhilippines even if he knew that the letter was based on the misrepresentation - the lie - that President Estrada was "permanently incapacitated" even if he was not. Arroyo requested Davide to conduct an unConstitutional act: to swear her in as "President" when he clearly could not because there was no vacancy in the office of the President.

And then, even if he knew that it was unconstitutional, Davide swore in Arroyo not as acting President but as President of the Republic of thePhilippines.

Kahit alam ni ginoong Davide na ang kanyang pagpapasumpa ay labag sa ating saligang batas, itinuloy pa rin niya ito. Sa madaling salita, kasama siya sa sabwatan ng paglabag sa ating Konstitusyon. Ito ba ang taong pagtititwalaan natin na mamuno sa Truth Commission? Sa Edsa Dos, kasabwat si Davide sa isang malaking kasinungalingan.

This is the lie that became the foundation for the unConstitutional and illegal administration of his best friend, Gloria Macapagal Arroyo.

How can you correct a mistake so big that it would cause a constitutional crisis? You cannot. And so the Davide court did the only thing that it could do: it participated in one of the biggest cover-ups in the history of the Republic of the Philippines - the invention of the concept of "constructive resignation".

To legitimize the Arroyo administration and the illegal act of no less than the Chief Justice who administered the unconstitutional oath, the Davide court justified its actions by creating a vacancy in the Office of the President when the truth is that there was none. It covered up a lie with an even bigger lie.

Worse, it appears that the unconstitutional oathtaking was the brainchild of Davide himself, as exposed by no less than the beneficiary herself, Davide's best friend, Gloria Macapagal Arroyo. And I quote from her speech, ""I especially appreciate Chief Justice Davide for deciding that he must administer my oath of office on that day."

Meanwhile the same speech confirms that the ruling of constructive resignation was a joint project of Davide and his best friend, Gloria Macapagal Arroyo. And I quote from the same speech, "Chief Justice Davide and I thank the other justices for that ruling."

Ladies and gentlemen, the biggest lie and the biggest cover up in our country's contemporary history was orchestrated by Hilario Davide Jr. How can he possibly head the Truth Commission that will investigate the unConstitutional administration that he himself helped create?

Mr. Davide poses the gravest moral contradiction to the mission and mandate of the Truth Commission. For if the duty of the Truth Commission is to investigate outstanding cases of wrongdoing, then someone who was part of that wrongdoing cannot be the one investigating.

Ginoong Pangulo, magiging patas at pantay ba si ginoong Davide sa pagtupad ng kanyang tungkulin sa Truth Commission sa pagbunyag ng mga katiwalian ng isang pangulong kanyang iniluklok sa posisyon kahit ito ay alam niyang tahasang labag sa saligang-batas?

A Man of Questionable Integrity

(malversation of JDF)

Lest the skeptics think this is once again just about the ouster of my father, let me provide you with hard facts that will make you think twice about Davide's integrity.

The records reveal that Davide, in spite of his seemingly meek and upright demeanor, is a man who has made a habit of disregarding the law and concealing the truth.

This is the reason why more than the needed 76 or one third of the House members impeached him in October 2003. He stands today as the only Chief Justice in the history of the Supreme Court of the Philippines to have been impeached.

Si Ginoong Davide lamang ang punong hukom sa kasaysayan ng ating Korte Suprema na na-impeach nguni't siya ay nakalusot dahil minani-obra niya ang impeachment complaint laban sa kanya.

Davide might argue that this case has already been closed. But the truth is, it has not because Davide used all his powers as head of the Supreme Court to stop the transmittal of the impeachment complaint to the Senate. The Davide impeachment case was dismissed on a mere technicality. It was never heard on the merits.

Ginoong pangulo, hindi pa sarado ang kasong ito dahil hinihintay pa natin ngayon ang katotohanan ng misteryo ng judiciary development fund sa ilalim ng pamumuno ni ginoong Davide.

Kasama ba ito ngayon sa iimbestigahan ng Truth Commission?

I believe now would be an appropriate time to reconsider the merits of this case, possibly to consider a review of the law that created the Judiciary Development Fund, which is the basis of the impeachment complaint. But more urgently, we must examine the character of the man who has been tasked to head the Truth Commission.

The Judiciary Development Fund or the JDF, was established under Presidential Decree 1949. It is a multi-billion peso fund derived from collections of legal fees paid to the courts. It is administered by the Supreme Court Chief Justice, who has the sole authority to disburse the funds, but with limits set by law.

The law is clear that the fund was intended to primarily benefit the members and personnel of the judiciary, as seen in the policy on how the fund should be allocated:

 "At least 80 percent of the fund shall be used for cost of living allowances, and not more than 20% of the said fund shall be used for office equipment and facilities of the courts located where the legal fees are collected..."

But in a clear breach of the law, Davide underpaid court employees and instead used the JDF for questionable purchases, like the purchases of luxury cars and hundred-thousand-peso chairs.

From the year 2000 to the year 2002, the total collections for the JDF reached 5.4 billion pesos. By law, 4.3 billion or 80% should have been disbursed for the benefit of court employees. But as a matter of fact, only 3.49 billion was disbursed. Meaning, there was an underpayment of over 800 million pesos or

825,841,494.67 pesos to be exact.

Walong daang milyong piso ang pondo ng JDF na hindi natin malaman ngayon kung saan napunta. Kawawa naman ang ating mga huwes at mga empleyado ng hudikatura.

Where did these funds go? We do not know. We wanted to find out the truth. But Davide suppressed it and I will tell you later how.

The law further provides that only 20% of the JDF can be used for office equipment and facilities of the courts, and this is further limited by the clause stating that this 20% must be spent where the legal fees were collected.

Davide violated this clause. While the total collection from the court of appeals reached only 12.8 million, Davide approved the purchase of a printing press for the court of appeals using the JDF amounting to 5 million pesos, or almost 40% of the total amount collected, well beyond the 20% limit set by the law.

Davide also made the following questionable disbursements using the JDF:

• renovation of the Supreme Court session hall with purchases for curtains and chairs worth over P100,000 amounting to over 64 million pesos
• construction and renovations for the Supreme Court cottages in baguio city amounting to over 34 million pesos
• renovation of the multi purpose hall of the Supreme Court amounting to almost 100 million pesos
• Purchases of motor vehicles amounting to over 30 million pesos

These are glaring violations of the law and a technical malversation of public funds. All authorized by the man who was supposed to be the ultimate authority on the law at the time, Hilario Davide Jr.

Incidentally, it must be noted that it was Davide's son, Joseph Bryan Hilary Davide who was vice chairman of the Bids and Awards committee who requested for the funding source for all of these.

Not only that, the same son Joseph Bryan Hilary was also co-working chairman of the Committee on Halls of Justice which sought funds for the construction, refurbishing and upgrading of areas in the Supreme Court main building.

The accomplishment report of one of the suppliers, Siemens, reveals the overspending under the chairmanship of Mr. Davide.

• For the division session hall alone, loose furniture cost over P3 million pesos or 3,665,475 pesos to be exact. Draperies and curtains for this hall alone cost 1.4 million pesos.
• For the Supreme Court session hall alone, loose furniture reached over 8 million pesos. Draperies and curtains reached over 5.5 million pesos.
• For the dining hallway, loose furniture cost almost 3 million pesos. Draperies and curtains, almost half a million.
• Same with the division conference room, where furniture cost over 2 million pesos and curtains cost almost half a million pesos.

All in all, furniture for these halls cost our taxpayers over 16 million pesos while curtains cost almost 8 million pesos. All of these were approved by then Chief Justice Hilario Davide Jr. After all, the request for liquidation was made by his son. If that does not qualify as imprudence, I don't know what will.

I should also mention that another daughter, Ms. Norene Davide-Salas was chairman of the Uniform Committee of the Supreme Court. I think it is a fair question to ask: was she awarded the contract to supply the uniforms for the members and personnel of the entire judiciary as reports indicate?

Let us recall the Civil Service Commission provisions in Article IX-B of the 1987 Constitution, Section 2 which states:

“(1) the Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including the government-owned or controlled corporations with original charters.

(2) appointments in the Civil Service shall only be made according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy- determining, primarily confidential, or highly technical, by competitive examination.¨

Were the positions held by son, Joseph Bryan HillaryDavide and daughter, Noreen Davide Salas, policy-determining, primarily confidential, or highly technical in order for them to fall within the exceptions?

Mr. President, my dear colleagues, this is a clear case of nepotism which is prohibited by no less than three identical provisions of Civil Service laws, namely:

(a) Section 59, title I (a) Book V of the Administrative Code of 1987, (b) Section 49 of P.D. 807;  and (c) section 30 if R.A. 2260.

Garapal na garapal ito ginoong pangulo. Ikaw na Punong Mahistrado mismo ang naghirang sa mga anak mo para makinabang sa pondo at puwesto ng hudikatura. Ganito ba ang taong dapat mamuno sa Truth Commission?

Davide probably thought that he was so high and mighty that he was above the law. He was so pompous and arrogant that when congress sought to inquire as to the truth regarding these anomalies of the JDF, Davide once again went beyond the authority of his robe and, like a crooked politician, did what he could to suppress the truth.

In a memo dated 23 September, 2003, Clerk of Court Luzviminda Puno admits, [and I quote] "regarding the letter ... Of the committee on justice of the House of Representatives ... The court resolved to direct Mrs. Ordonez (a) not to submit anymore the records which have already been transmitted to the Commission on Audit, and (b) obtain prior clearance from the court for the other records."

In another unprecedented (not to mention unethical) move, violating the Constitutional right of the public to information, Court Administrator Presbitero Velasco, under the leadership of Davide, issued this memo to all clerks of court and court personnel. And I quote, "concerning the letter ... To provide ... A

Remittance report of the judiciary development fund for fiscal year 2000 - 2003....you

Are hereby advised not to comply with such request ..."

As if this wasn't enough, in an effort to stop his impeachment instead of allowing justice to prevail, the politician in Davide compelled him to write a letter to then House speaker Jose De Venecia defending his dubious actions while threatening the House of Representatives against investigating him.

Defending himself, he said, [and I quote] "the Constitution expressly provides that 'the ... The Chief Justice of the Supreme Court, ... May, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. ... The use of the unexpended portion of the 20% of the JDF for equipment and facilities for the assailed construction or projects can, undoubtedly, be justified by this augmentation authority of the Chief Justice."

Mr. President, in this letter to Speaker De Venecia, Davide practically admitted that he dipped his fingers into the Judiciary Development Fund, contrary to the 80-20 provision provided for in PD 1949.

And contrary to his defense that he has augmentation authority, the Constitutional provision cited cannot apply because trust funds such as the judiciary development fund do not fall under "general appropriations".

Without any law granting him authority, what Mr. Davide did was nothing short of technical malversation of funds, punishable under article 220 of the revised penal code.

Unfortunately, instead of acting like a prudent magistrate, Davide acted like a spoiled mistress on a shopping spree, arguing in his letter to speaker de venecia [and I quote] "[the JDF] may be spent without outside control". His actions bother me because it was clear that congress did not seek to encroach on the Chief Justice's fiscal autonomy; but only sought to ensure that Davide was acting within the limits of the law. Why was he suppressing the investigation?

Worst, in another cover up, just like the creation of the concept of constructive resignation, Davide said that PD 1949 is subject to statutory construction even if it is very clear in its provisions and therefore no longer subject to statutory construction.

Just as with Edsa Dos, Davide once again violated the law and then covered up the truth with another lie.

These are the facts that show how Hilario Davide Jr twisted the law to cover up the truth about anomalies that he was involved in. But the truth is, there is more evidence to prove that Davide not only bent the law but ignored it completely to further his own interests.

Mr. President, today we established how Hilario Davide Jr is one big liar. Should the need arise, this representation is wiling to expose more about his criminal designs and show further proof of how he knowingly transgressed the law for his personal enrichment and opportunistic tendencies.

Thank you.

________

Source:

http://senjinggoyestrada.com/download.php?f=DAVIDE+PRIV+SPEECH-MEDIA.pdf

The "Pagpag" Legacy of the Yellow Administrations of the Philippines

After Ferdinand E. Marcos was deposed, democracy was supposedly restored and the lot of the Filipinos improved. Or is it? Beyond what have now been called the "yellow surveys" and official government pronouncements of economic growth, the better gauge of what our people has become is what they EAT, or what the poor people stuff their stomachs with.

The (forced by poverty) eating habit of the marginalized sector of a country speaks not only of the level of poverty of the poor but also of the indignity (or otherwise) that they are experiencing. After three successive yellow presidents--interrupted only by the brief leadership of Joseph Ejercito Estrada, the only one with the most definitive and unquestioned electoral mandate of the Filipinos--ever wonder what is the state of this country called the Philippines (but which I'd prefer to be renamed as either Taga-Ilog or Maharlika)?

The following, an award-winning sort-of documentary film, made several years after Gloria Macapagal Arroyo's "EDSA 2" power grab, perhaps best describe the continuing piteous plight of the urban poor Filipinos. A short film entry to the 56th Berlin International Film festival, it topped the competition when it was adjudged the Most Popular Short film.

While Dimadura wants to bring the point that globalization causes world hunger, his thesis is unsupported, apparently because of its delimiting mere 9-minute run. Besides, isn't it that in a country where the government is run by patriotic, moral, truly elected servants of the people who do not exploit but truly serve the nation, whatever ills globalization brings are dutifully addressed. In such countries, the table scraps (kaning baboy) are recycled for the animal consumption and definitely NOT the poor people's.

As a social reality film, Dimadura's work works to haunt the mind and the conscience. Perhaps wanting to make the rich or comfortable among us not forget nor feel indifferent, he completes the affecting, perhaps revolting, images with his own musical composition that should strike at the hearts of us all:

"Let me tell their story that no one else can hear./

How can someone's laughter bring me close to tears?/

And you'll never know cause you're never there./

After what we've seen, can we close our eyes again?/

Let me tell their story you won't think is true./

I have not forgotten so I'm sharing it with you./

For all the things we know what have we really learned?/

Though i close my eyes the images remain./

And their story begins... again."

As we remain under the clout of the ruling elites under the newly seated HOCUS PCOS Illegitimate, watch and ponder on the true, or more real, unfortunate legacy of the yellows.

View this movie at cultureunplugged.com

To Pres. Erap Estrada: A Pleading NOT to Concede

Pres. Joseph "ERAP" Estrada, I beg you to please NOT concede to the Yellow Cheat.

You said this is the "final, final performance" of your life. Continue then for the worthy, principled cause of searching for the May 10, 2010 ELECTORAL TRUTH.

Hindi po kayo nag-isa at kasama ninyo kami. Nandiyan din po ang ma-prinsipyong sina Sen. Jamby Madrigal,  G. Nicanor Perlas, at G. JC de los Reyes. These three fine lady and gentlemen presidentiables, who have endured the malicious ridicule of the yellow media and civil (daw) society, have acknowledged their defeat in the elections but chose not to concede in the face of apparent massive fraud.

Nick, Jamby and JC, while tailenders in the Comelec tallies, are most worthy of the Filipinos' accolade because despite the fact that they have nothing to gain but possibly everything material to lose, they elect to boldly uphold the patriotic duty to ensure that the sanctity of the Filipinos' ballot is preserved. Bro. Eddie Villanueva and his running-mate, Mr. Perfecto Yasay, seem also trekking the difficult path of searching  for the truth in the recent democratic exercise to chose our leaders. These beprincipled modern-day heroes and heroine are your unwitting patriotic allies in uncovering the truth of the automated fraud in the recent elections, Pres. Estrada. 

As the second front-runner in the  Comelec count, you logically seem to have been the target of the apparent automated electoral fraud. Thus, you should not concede because to do so is tantamount to condoning electoral fraud, trampling upon the expressed rights of the people, and giving away the Republic to the hands of crooks, liars, and high-level criminals.

With all due respect, I humbly ask of you not to repeat your past mistake in EDSA 2 when you  sacrificed your position and the vote of the sovereign people to avoid confrontation with the seditious mob in January 2001. The result of that well-meaning mistake has been nine years of a reign of impunity by Gloria and her cabal of thieves, cheaters, and liars. An evil Illegitimate's reign that not only smashed the Filipinos' moral fiber but, as well, led to unparalleled hunger and killings, and death from extrajudicial executions, warlord-perpetrated massacres or negligence by sheer misappropriation of disaster funds.

By opting not to confront the EDSA 2 conspirators and mob, President Estrada, you ultimately did not save Filipino lives but lost many, and much more. If you opt to abandon the fight for the presidency now, you could be delivering motherland to a most undeserving, if not dangerous, administration.

The TRUTH, upon which are hinged the moral and democratic sanity of the Philippines, is worth fighting for, perhaps even dying for. Kayo po ang nasa posisyon upang maibalik ang dangal na nanggagaling sa pagkakakilanlan ng mundo sa kakayanan ng ating lahi na galangin ang tunay na boses ng mga mamamayan.

Please lead the nation in upholding our democratic ideals. Do not concede to a fraud. With the help of the true God that does not condone cheating, neither power grab, and does not discriminate between the "great unwashed" and the perfumed, washed masses we will succeed, Mr. President.

2010 Platform of Presidentiable Joseph Ejercito Estrada

Vision:
A democracy that is truly pro-poor.
A country with peace and order.
A government of transparency and accountability.

Economic Agenda
REVIVING THE ECONOMY

Steady economic growth that is felt by the masses.
GNP growth is meaningless if poverty and hunger levels and other measures of quality of life remain poor. An Estrada Administration will increase growth while also increasing the country’s human development index. This will be achieved by strengthening the country’s domestic economy, specifically in the field of agriculture, instead of relying on overseas remittances to increase GNP; and by ensuring that the bulk of the budget goes to services that trickle down to the poor, such as social services and education, instead of to debt servicing or overpriced infrastructure projects.

National Security Agenda
PEACE AND ORDER

Ending criminal, insurgent and secessionist movements
President Joseph Estrada’s primary goal is to achieve peace and order nationwide, especially in Mindanao, because he believes that peace and order is a prerequisite to economic development. His top priority is to bring down crime rates in Metro Manila, especially drug-related activities; end insurgency in the Visayas and other provinces infested with rebels; and end the secessionist movement in Mindanao. Aside from the obvious benefits of peace, ending the secessionist movement is a top priority because the country must send out the signal to the international community that we are nation that can keep its own laws in its own land, with the underlying objective of removing travel bans or advisories against the Philippines in order to entice investors and tourists to come. Negotiations will still be the priority means to achieve this objective . However, should the MILF continue to renege on peace agreements and sow terror against Filipinos in Mindanao, war may be considered as a last resort or final means to attaining lasting peace.

Social Agenda
FOOD SECURITY AND A TRULY PRO-POOR GOVERNMENT

Alleviating poverty and hunger by achieving food security and ensuring that government’s economic
gains are directed to truly benefit the poor
The cause of poverty and hunger in this country is massive corruption; studies have shown that the cost of corruption is as much as 20% of the budget. Couple that with government policies that prioritize debt servicing, overpriced infrastructure building with sovereign or government guarantees, and massive importation, and it becomes obvious that poverty alleviation is not the priority of the present administration. An Estrada Administration will be a truly pro-poor government, as exhibited in 1998, through the following social policies:

1. Correct budget prioritization.
Instead of the bulk of the budget going to debt servicing, priority will instead be directed towards social services, education and health services, both on the national level and on the local level.

2. Strengthening the agricultural industry
Top priority will be given to the achievement of food security by pouring incentives and strengthening the agricultural industry instead of entertaining a policy of importation. Food security will be achieved by 2015, as the country fulfills its commitment to the Millennium Development Goal to halve the number of people who are hungry by 2015.


Governance Policy
ENDING GRAFT AND CORRUPTION

Achieving transparency and accountability in government
The Arroyo administration has shamed the nation by reaching levels of graft and corruption that have tagged the country as one of the most corrupt countries in the world (Transparency International, Political and Economic Risk Consultancy, World Bank). An Estrada Administration will reverse this reputation through the following policies:
1. Respect for appointment processes and appointments based on meritocracy instead of loyalty
2. Increased private sector participation in the government procurement process through the creation of an Economic Coordinating Council such as the one created by the Estrada Administration in 1998 comprised of respected business leaders through which all bids for government projects will be scrutinized before being approved
3. Bidding out of sugar and rice importation
4. Public participation through real time reports via the internet
5. No sovereign or government guarantees
6. Eliminating recourse to the use of executive privilege when the issue is not a threat to national security

Fiscal Policy
BALANCING THE BUDGET

Gaining investor confidence through peace and order and good governance
The country’s budget deficit has blown up to almost P300 Billion caused admittedly by weak revenues. The weak revenues are due to a decrease in investments due to the unstable peace and order situation in Mindanao and the decreased investor confidence caused by the prevailing image of the Philippines as the world’s most corrupt country under the Arroyo Administration. An Estrada Administration will increase government revenues by increasing investor confidence. The primary incentive for investors will be the
assurance of peace and order, especially in areas like Mindanao, and the setting up of systems that will guarantee less graft and corruption in government, such as increased private sector participation in government procurement by the creation of an Economic Coordinating Council that will review all bids for government projects, a measure set in place during the 1998 term of former President Joseph Estrada. Other measures to increase revenues will include an overhaul of the tax system in order to increase tax collection, as well as increasing the collection of trade taxes by ending smuggling, an effort that was successful during
the term of former President Joseph Estrada.

Agricultural Agenda
FOOD SECURITY

Achieving food security and economic stability by strengthening the agricultural sector
President Joseph Estrada has always believed that agriculture has the potential to be the greatest strength of the Philippine economy if nurtured properly. His contributions to the agricultural sector include the Carabao Law and Irrigation Law which he authored as senator, as well as the highest agricultural growth in 20 years when he was president, a record 12% increase (from =6% to +6.6%) in spite of the effects of the El Nino crisis. An Estrada Administration will achieve food security through the following programs:

1. Agrikulturang Makamasa.
This program was created to give incentives to the agricultural sector for the increase of farm output. Priority was given to the following: irrigation development, research and technology commercialization, post-harvest and processing modernization, and close partnership with investors and industry groups. Local government units were also given prize money of P100 Million for the province that would produce the highest farm output within a period of time. This program has proven to be effective in increasing farm output, as the Estrada Administration reached record-breaking farm output levels, and also achieved the following results: In nine months alone, the Department of Agriculture installed or rehabilitated almost 8,500 irrigation projects that covered 200,000 hectares of farmland and produced an extra yield of 400,000 MT of palay; extended P3.58 billion in loans to more than a quarter-million rural folk and agribusiness enterprises; and built 500 kilometers of farm-to-market roads.

2. Implementation of the Agri-Agra Law through ERAP Bonds.
The Agri-Agra Law or Presidential Decree No. 717 (“Providing and Agrarian Reform Credit and Financing System from Agrarian Reform Beneficiaries Through Banking Institutions”) requires the banking sector to allocate at least 25% of its loanable funds for agricultural credit in general, of which 10% of said loanable funds shall be made available to agrarian reform beneficiaries. Prior to the Estrada Administration, there was an alarming lack of compliance with this law. The 1998 Estrada Administration was able to commit itself to this law by creating an alternative compliance mechanism wherein long term bonds called Economic Recovery
through Agricultural Productivity (ERAP) Bonds amounting to Fifty Billion Pesos (P50,000,000,000.00) were issued to support projects for economic growth under a revitalized rural development program undertaken in cooperation with the Department of Agrarian Reform.

3. Implementation of the Irrigation Law.
The Irrigation Law (RA 6978), authored by then-Senator Joseph Estrada in 1991, mandated the National Irrigation Administration to irrigate 1.5 Million hectares of agricultural land over a ten-year period. Had this law been fully implemented, farmlands across the nation would already be irrigated instead of depending on rain or water. An Estrada Administration will ensure that this law is fulfilled in order to increase farm output as well as to protect farmers from the El Nino phenomenon.

Educational Agenda
EMPOWERING OUR YOUTH

Investing in our children’s future
President Joseph Estrada has always been committed to providing affordable quality education for the poor. As mayor, he established the San Juan elementary school and high school. As president from 1998 to 2001, he gave the highest real per capita for basic education as compared to all presidents under the present Constitution. He founded the Erap Para Sa Mahirap Scholarship Foundation, which has graduated 16,000 scholars, and the Erap Muslim Youth Foundation, which has allowed poor but deserving Muslim students go to colleges or universities of their own choice anywhere in the world. He has also donated all his salaries from
the time that he was mayor to scholarship foundations. As president this 2010, he will:

1. Prioritize education in the budget, as mandated in the Constitution
The Constitution mandates that Article XIV Sec. 5 (5) that the “State shall assign the highest budgetary priority to education.” However, of all presidents under the present Constitution, only the Estrada Administration followed this mandate. An Estrada-Binay Administration will strictly follow this Constitutional mandate in order to give our better access to better quality education.

2. Invest in zero-to-five early childhood education.
Research shows that early experiences shape whether or not a child’s brain develops strong skills for future learning, behavior and success. Investing in early childhood education during the infant and toddler years is particularly critical. An Estrada-Binay Administration will invest in early childhood education by mandating and supporting day care centers into incorporating kindergarten and pre-school education in their programs.

3. Achieve Universal Primary Education by 2015
President Joseph Estrada, as the millennium president of the Philippines, signed the Millennium Development Goals initiated by the United Nations. One of the goals that the Estrada Administration committed to for the country is the achievement of universal primary education by the year 2015. This means all children will be able to complete a full course of primary schooling or basic elementary education by 2015. This will be achieved by increasing the budget for basic education, as he had done as president, and fulfilling the mandate of the Constitution to prioritize education in the national budget. Indigent parents will also be given
incentives to send their children to school at least from Grades 1 to 4 through a conditional cash transfer program. To make it less difficult for children to go to school, an Estrada-Binay Administration will also ensure that each municipality has an elementary school so that children will not have to walk more than 5 kilometers just to attend class.

4. Assist Out-of-School Youth
An Estrada Administration will assist out-of-school youth by providing skills training for jobs that do not require a diploma. This is also intended to curb the unemployment rate because 45% of the country’s unemployed are part of the youth who have received no more than a high school education.

5. Make college affordable for everyone
An Estrada Administration will streamline the onerous financial aid application process that discourages students from getting aid for college. An Estrada-Binay Administration will increase the number of government scholarships.

6. Improve the quality of elementary, high school and college education

7. Encourage teachers to stay in the Philippines instead of work abroad
An Estrada Administration will give teachers incentives to stay in the Philippines instead of moving abroad for better paying jobs by (1) increasing teachers’ salaries and (2) increasing teachers’ benefits.

Labor Agenda
GENERATING REAL JOBS

Increasing Employment Opportunities
An Estrada Administration will increase employment opportunities by creating an atmosphere conductive to
investors through:
1. Achieving peace and order nationwide.
2. Establishing proper fiscal policies.
3. Achieving stability in labor laws and management.

Preventing the Mass Exodus of Workers
An Estrada Administration will prevent the mass exodus of laborers and professionals by:
1. Increasing employment opportunities especially in the following industries:
a. Services, which comprises 55% of the labor force.
b. Agriculture, which comprises 40% of the labor force.
2. Increasing the quality of employment opportunities in the Philippines
There is a mismatch between the employment demand and the available graduates. Our state colleges and universities are not producing graduates that are demanded by the market. That means our graduates are not necessarily equipped with the demands of new businesses and industries such as the business process outsourcing industry or the hospitality industry. An Estrada-Binay Administration will ensure that state colleges and universities offer courses of the 21st century in order to curb the mismatch in employment opportunities.

Increasing Wages and Workers’ Benefits
An Estrada Administration will ensure that workers’ benefits provided by law are actually observed. There will be a crackdown on the underpayment of wages, non-payment of holiday pay, non-payment of service incentive leave, non-payment of 13th month pay and non-coverage of social sevices, such as the Social Security System, Home Mutual Development Fund or Pag-ibig and the Philippine Health Insurance Corp.

Business permits will not be renewed unless employers prove compliance with the said benefits. An Estrada-Binay Administration will also make sure that minimum wages are sufficient to match the cost of living in an area.

Protecting and Promoting OFWs
An Estrada Administration envisions an economic climate wherein Filipinos seek opportunities abroad not because they need to but because they want to. This will be achieved by strengthening the domestic economy. While in the process of achieving the country’s ideal growth, an Estrada-Binay Administration will assist Overseas Foreign Workers by:

1. Ensuring that they get the best benefits and proper protection against abuse abroad. This will be achieved
by:
(1) Strengthening bilateral relations with receiving countries.
(2) Supporting our labor attaches and welfare officers.
2. Minimizing the social cost borne by separation from their families. This will be achieved by creating a special commission under the Department of Social Welfare and Development specifically to monitor and address the concerns of the families that the OFWs leave behind.
3. Encouraging their return. All efforts will be made to encourage OFWs to return, including:
(1) Giving them incentives to invest their money here.
(2) Creating a commission to study how best to achieve OFWs when they return home.

Transportation Agenda
INFRASTRUCTURE: CONNECTING THE COUNTRY BY LAND

An Estrada Administration will focus on rebuilding Metro Manila from the effects of tyhoons Ondoy and Pepeng and will make sure that the country’s infrastructure is strong enough to withstand similar typhoons in the future.

An Estrada Administration will integrate and expand mass transit systems to create a world class national railway system that will connect north to south.

An Estrada Administration will link the North Luzon Expressway (NLEX) with the South Luzon Expressway (SLEX).

An Estrada Administration will properly implement the Road Users Tax for proper road maintenance nationwide, not just street sweeping, as practiced by the present administration.

Energy Regulation
SOLVING THE POWER CRISIS

Addressing the Power Crisis within the First 100 Days
President Joseph Estrada is seriously concerned with the power crisis affecting Mindanao and other parts of the country. He believes that this was caused by corruption and lack of foresight on the part of the present administration. During the Estrada presidency, he imposed a policy of no sovereign and foreign guarantees in order to diminish if not avoid altogether corruption in the energy department. As an immediate solution, within his first 100 days, President Estrada will take all measures and harness all possible sources of power to meet the necessary megawatt requirements, including power barges and the expansion of the capacity of existing generating plants, in order to end the power crisis within the first year of his administration. As a long-term solution, an Estrada Administration will develop both nuclear (within the bounds allowed by the Constitution) and geothermal energy.

Becoming the Leader in Geothermal Power in Asia
An Estrada Administration will be ready for the next frontier of global investments, specifically, the demand for “green technology” or “green factories”. As more multinational corporations such as Google, Yahoo, and Microsoft, are looking to relocate to countries with geothermal resources, the Philippines, being a country with one of the most highly developed geothermal resources, should be ready to be the next geothermal power.

In order for the Philippines to become the “haven of green factories” in East Asia and possibly in the entire region, an Estrada-Binay Administration will create an investment strategy to induce foreign direct investors to build “green factories” in the Philippine provinces of Bicol, Eastern Visayas, Western Visayas, Southern Tagalog, Soccsksargen and Central Mindanao. The objective will be to generate impressive investments in geothermal power and utilize the fact that the Philippines has the second highest geothermal power capacity in the world today, next only to the United States of America.

Foreign Policy
STRENGTHENING TIES WITH THE INTERNATIONAL COMMUNITY

An Estrada Administration will strengthen the role of the Philippines as an advocate for democracy and human rights in Asia. A prerequisite to this is a real democracy that benefits the masses and not just the elite.

An Estrada Administration will negotiate carefully with other international claimants to various land and water territories of the Republic of the Philippines in the South China Sea while fighting for Philippine territorial integrity.

An Estrada Administration will strengthen ties, especially trading relations, with Asian neighbors such as China whose economies are growing rapidly.

An Estrada Administration will strengthen relations with receiver countries of the Philippines’ millions of overseas foreign workers in order to ensure our workers’ protection and encourage increased benefits.

An Estrada Administration will maintain the Philippines strong relations with international giants such as the United States but will not compromise on matters that involve the nation’s territorial integrity.

An Estrada Administration will join the effort of the global community to fight climate change and promote bioenergy and agriculture.

Human Rights Agenda

President Joseph Estrada believes that private armies are illegal per se. An Estrada Administration will dismantle all private armies.

President Joseph Estrada believes that uncontrolled population growth is a source of poverty. An Estrada Administration will support the passage of the Reproductive Health Bill and work towards fulfilling our country’s commitment to the Millennium Development Goal of achieving universal access to reproductive health by 2015.

President Joseph Estrada believes that the blessings of democracy come alongside the responsibility of maintaining peace and order. An Estrada Administration will resolve as speedily as possible all existing cases relating to extrajudicial killings in order for the victims’ families to find justice; condemn all extra judicial killings; and increase security for the protection of journalists especially in far flung places like Mindanao where the threat to their lives is higher than other visitors.

___________


Source:

Joseph Ejercito Estrada FaceBook page.

What differs Erap: Ex-President Joseph Estrada at the PCCI presidentiables' forum

With his experience in the country’s highest government post clearly distinguishing him from other presidential wannabes, former president Joseph Estrada yesterday stood tall amidst the other candidates yesterday at a forum organized by the Philippine Chamber of Commerce and Industries (PCCI), providing practical and doable solutions to a host of problems the country continues to face.

Introduced as a man of action by moderator Tony Lopez, Estrada first thanked the members of the PCCI which he described as one business group that did not impose its influence on government affairs.

Estrada drew amused laughter from the audience  when after briefly recounting his long years in government service – preceded by a successful acting career which also spanned several decades – he concluded by saying this was the reason he was no longer used to talking and was more included to “act, act and act.”

Estrada consistently referred to peace and order as the most crucial factor in making any program for development work, from jobs generation to the creation of a more hospitable and attractive business environment for both local and foreign investors.

Ending corruption, meanwhile, was the lynchpin which Estrada pointed out would make a remarkable dent on poverty alleviation programs as well as create a more robust economy,  generate more jobs, and develop the agricultural sector.

Likewise, Estrada pointed out that increased efficiency in tax collection would be the best way of keeping the budget deficit at manageable levels.

The opposition standard bearer added that the energy sector would benefit immensely from increased investments in alternative renewable and “clean” sources such as hydroelectric and geothermal energy. He added that the privatization of the National Power Corp. (Napocor) which stalled under the current administration had to finally push through.

(Press Release from Erap.ph blog: http://erap.ph/409/2010/02/17/press-release-february-17-2010/)

On the 9th Year of EDSA 2 Coup: Former Philippine Estrada is Cleared to Run Again

Ultimately, the Comelec ruling allowing defamed and deposed President Joseph Estrada to seek again the presidency is very fair to the Filipino people. According to the decision:

"In the end, it is the Filipino people who would act as the final arbiter on whether they would have Estrada sit again as president...." 

 
Now, I'm not saying that the Comelec itself is fair (Remember the 2004 Hello Garci).

It just so happens that the ruling itself is fair to the people. Why did Comelec rule in favor of Estrada? To allow Illegitimate 'President' Gloria Arroyo's run for congresswoman in Pampanga less open to legal challenge.

In the end, or near end, the undemocratic, seditious EDSA 2 that deposed Erap came back to slap the faces of the gullibles one more time.

Still, the date of promulgation is so ironic-on the exact day nine years ago. Said Apolinario "Jun" Lozada, a senatoriable under Estrada's PMP party:

"On the same day that he was humbled, the phoenix will rise again,.. Nine years after a powerful few imposed their will on the people, it is time that the will of the poor and the powerless prevail."

Excerpts from The Daily Tribune headline report on the historic Comelec decision:

It's all systems go for former President Joseph "Erap" Estrada's second run for the presidency, a post he first held in 1998 only to be aborted by a coup d'etat instigated by the elite civil society and backed by treacherous military chiefs.

All arguments, rumors and innuendoes that Estrada is banned from running for the presidency again, or that he is withdrawing from the race, came to a stop after the Commission on Elections (Comelec) yesterday junked the three petitions filed last December seeking the disqualification of the former leader and in the process allowed Estrada to run in this year's presidential elections...

"This date of the promulgation of this decision saying that I, Joseph Estrada, am qualified to run for president, is significant to me personally because it was exactly on this day nine years ago, Jan. 20, 2001, when the honor to serve the Filipino people as president was stolen from me. Today, the opportunity to serve has been returned and it seems as if I am being told that I need to complete the mission that my administration started in 1998," said Estrada.

News Source: The Daily Tribune.

ALTERNATE URL: http://www.classicposters.com/headlines/20100121hed1.html

Joseph "Erap" Estrada Answers Plunder Conviction & Food Security Issues Head-On

http://www.youtube.com/watch?v=AQ2cYE8NxMQ

Excerpts of the GMA-7 November 2009 Presidential forum (Tagalog parts translated into English):

PRETTY smart and very straightforward answers from former President Joseph "Erap" Estrada. Herein, he confronts the perpetually hot issue of his Plunder conviction with an un-trapo-like honesty. The comebacking politician also defends his performance during his unfinished first term with regards food security.


On his claim of innocence re theft of government money:

Estrada: Nothing was proven. Nothing was proved with regards [the issue] of my supposed theft of government money, not a single centavo... My conviction pertains to jueteng. That jueteng [money] ....was deposited in the Muslim Youth Foundation, of which I was not a beneficiary. Its Board of Trustees were ...UP professors. So that was clean.

They needed to convict me. That is why they created  that court to convict me. That special court--the first time a special court was created. And that court was created to convict me.  In fact, when I was convicted, two [Sandiganbayan] justices were immediately promoted to the Supreme Court.

So that was my only conviction. And that I supposedly received commission from one corporation, the BW. But the [one who stood as] witness said I wasn't given the money, it was given to Jaime Dichavez, not to me.

Assuming... that the jueteng and the commission to me, they are called private money, ... not goverment money. That's the two counts I was convicted [for]. Those citing the 7171, re government money--none, I'm cleared.

So [if that were true], I wouldn't have the courage to face the Filipino people and run [for president] again if I did steal, if I were guilty.

Look at the conviction, just the two counts. But with regards graft and corruption, every contract I approved was scrutinized. A Task Force was established by the Department of Justice consisting of six lawyers...who scrutinized everything ... but they didn't see any contract tainted with anomaly.  If there were even just one [anomaly] seen, it would have made headlines....

On poverty level during his first term:

Erap: In 1997, just please recall that there was an Asian Economic Crisis.... when i assumed office, our agricultural growth rate was zero-zero. I was able to raise that [agri growth rate level] to 6.6%. Such is documented. And inflation rate was 12%, I reduced it by 3.0%.

 And our GNP, I was able to increase it up to 3.6%. This is documented, professor. You can check it with the Department of Finance.

So what are you claiming that.. .... and I concentrated on food security. Re agriculture, from 0-0 growth, raised to 6.6 [percent].

[My administration] just came from the Asian crisis. And I was able to turn the tide. We were able to overcome the [effects of] the Asian crisis. That is on record, Prof. Monsod if you can go out of your way to find out from the Department of Finance.

On Bro. Eddie Villanueva's question re dealing with"perpetrators of extrajudicial killings and of massive gargantuan, unabated corruption":

There should be intense investigation and after the...[conclusion] of the investigation, there should be...  "certainty of punishment," which is what's important. There are many people in government that escape prosecution because their cases are [allowed to be]  fixed... even extrajudicial killings....

On the part of GMA-7, including Mel Tiangco, the TV station seemed much more civil and less biased here than during the interview they conducted right after Estrada's announcement of his renewed bid to seek the presidency.  I discussed this issue in my article Erap's renewed bid for the Presidency: Can he overcome the media bias? Excerpts of  that BIASED interview here:

Mike Enriquez: Magandang gabi po Mr. President. Si Mike Enriquez po ito at Mel Tiangco.

Ex-President Joseph Estrada: Magandang gabi sa iyo din kaibigang Mike.

Enriquez: Mayroon pong mga nagsasabi na hindi daw po kayo pinapayagan ng Konstitusyon na tumakbo ulit sa pagka-Pangulo. Ano pong masasabi ninyo diyan Mr. President.

Estrada: Wala. Na-konsulta na natin iyan sa mga retired justices ng Supreme Court at mga dean ng UP law school. Sila ay... masusi nilang pinag-aralan iyan at nagkaisa sila na qualified na qualified daw akong tumakbo bilang Pangulo.

Enriquez: ok, Mr. President. Ang payo nila sa inyo hindi nyo rin nilabag iyong kondisyon noong pagpapatawad na binigay sa inyo ni, o iyong tinatawag na pardon na binigay sa inyo ni Pangulong Arroyo na hindi na kayo kakandidato sa anumang posisyon na tinatawag na elective, Mr. President.

Estrada: Wala pong nakalagay dun sa dispositive portion ng pardon. Yun pong nakalagay po doon: "restoring all civil and political rights." Ang ibig pong sabihin noon, kung pwede akong bumoto, pwede rin akong butohin.

Enriquez: Opo, Mr. President. Isang tanong na lang po ako bago po si Mel Tiangco. Bukod po kay Mayor Jejomar Binay na katambal ninyo sa pagiging kandidato sa pagiging bise-presidente, mayroon ding senatorial line up na, na buo na?

Estrada: Ah, hindi pa. Siguro mayroon na kaming walo hanggang sampu.

Enriquez: Ok, Mr. President. Salamat po. Eto po si Mel Tiangco.

Tiangco: "Sir, hindi maganda ang karanasan ninyo sa Malacanang, bakit gusto n'yo pang bumalik doon?

Estrada: Ano?

Tiangco: Bakit ho gusto nyo pang bumalik sa Malacanang, eh kayo na rin ang nagkwekwento kanina na napakapangit ng experience nyo … minsang kayo ay Pangulo ng ating bansa.

Estrada: Napakapangit dahil nagsabwatan sila at ako ay napilitang bumaba. Ang katotohanan nga ay si dating Pangulong Cory Aquino ang nagssisisi kung bakit sumali siya sa EDSA 2. At ako naman ay, iyong mga programa ko para sa kapakanan ng mga mahihirap ay hindi ko nagawa kaya gusto kong ipagpatuloy.

Tiangco: Palagi ninyong nababanggit na kayo ay inosente, hindi totoo ang ang mga pinaratang sa inyo. Eh bakit po tumagal ng anim na taon Sir. Anim na taon kayong nilitis sir, di ba?

Estrada: Anim na taon nga at anim na buwan. Wala silang napatunayan na nagnakaw ako kahit na isang kusing sa kaban ng bayan. Ang totoo nga niyan ay nagtayo ng Task Force ang DOJ--lahat ng kontrata na naaprobahan sa aking administrayon ay hinimay. Himay nila at wala silang nakita na isa mang kontrata na may halong anumalya, sa ano mang kontrata.

Tiangco: Eh bakit po pardon ang naibigay sa inyo

Estrada: Ha?

Tiangco: Bakit po pardon?

Estrada: Ewan ko sa kanila?

Tiangco: Hindi po kaya sabi ng ilang diyan ay kaya nais nyo lang tumakbong muli ay para daw balikan iyong mga nagpatalsik sa inyo?

Estrada: Alam mo Mel, sa aking anim na taong ako ay nakakulong ay nalapit tayo sa panginoon. at laging pinaaalala sa akin ng panginoon iyong Lord's Prayer. Iyong ama namin. iyon mga nagkasala sa iyo ay dapat mo ring patatawarin : "Forgive us our sins as we forgive those who sins against us." Kaya iyan po ang malapit na malapit na parang laging pinararamdam sa atin ng ating panginoon.

Tiangco: Maraming maraming salamat po sa oras na binigay ninyo sa 24 oras. Magandang gabi po.

Estrada: Salamat, salamat Mel.