Getting the facts right

Getting the facts right

FRONTLINE

Ninez Cacho-Olivares

06/10/2008

One can expect Gloria’s mouthpiece, Toting Bunye, to revel in my libel conviction, which is on appeal and the harsh jail sentence, plus fine of P4 thousand, plus actual and moral damages in the amount of some P5 million and P33 thousand.

After all, he and Gloria jumped for joy when F. Arthur Villaraza filed 48 counts of libel that were rejected for consolidation by the state prosecutors and the lawyers of Villaraza. Besides, Bunye himself has close ties with the law firm, since his daughter works for that firm and in fact became the spokesman of the First Gentleman in the early days.

Besides, Bunye really had no call to pontificate about getting the facts right, considering that he not only gave out a completely false report and showed a clear and reckless disregard for the truth when he came up in a press conference on the “Hello Garci” tapes, but even also manufactured evidence! And he dares speak of getting the facts right relating to my case?

But for Chay Hofilena and a Newsbreak magazine writer to say that journalists must get their facts right and to verify the report, obviously referring to my report, perhaps shows just how they judge without getting all the facts right and without having clear grasp of what the law says on libel cases, as it takes the version of the Villaraza version, which was adopted by RTC judge Winlove Dumayas.

Chay Hofilena and Newsbreak, and on record described the Firm as “well-connected” and in an article entitled Firmly in Power: The Villaraza law firm’s tentacles extend to the judiciary and the executive. Critics are up in arms.” If she believes that one should be careful in writing about private persons why did she write about the firm? Obviously because they could not have been private but public figures.

What my article said about Villaraza was nothing compared to that Newsbreak article. In my piece, only once was Villaraza mentioned, and referred to as the President’s personal lawyer, which certainly was no defamatory at all. The other instance where the word Villaraza was mentioned was in the sentence saying: “With all eyes focused on the Carpio-Villaraza-Cruz combine and its hold on the Arroyo administraton’s legal arena, as well as its pervasive power and influence in the country’s judiciary.” This statement is libelous, malicious and defamatory?

As for the Newsbreak writer Carmela Fonbuena, she claimed I did not verify the report, saying that the deputy ombudsman in Luzon, Vic Fernandez did not work in the Firm.

In the first place, Newsbreak did not get my side of the story in that report. In the second place, if Fonbuena read the memorandum submitted by my lawyer, Alex Medina of Pecabar, copies of which were given to the media on the day of the conviction, or even got hold of the court transcript of my testimony, she would have found out that I had testified to the fact that I never said Vic Fernandez, the deputy Ombudsman, was a partner of the Villaraza law firm but I did write he was connected with the firm and clarified in court that being connected to the firm meant he was a satellite lawyer. This was not rebutted by the lawyers.

In truth, the firm does have satellite lawyers. Two counsels I had approached earlier to handle my libel case begged off, saying they can’t touch this case, as they also work from time to time with the Firm on certain cases.

It is also on record, something which Dumayas and the junior lawyers of the Firm seem to ignore is the fact that I had testified to all this and that my testimony was not rebutted, as the Firm’s lawyers did not cross-examine me.

On the matter of my not having verified the statements made in my report, why on earth should I bother to verify with Villaraza or his firm when the story was not about him, or the Firm but on the former lawyers of the firm who were now in the Ombudsman’s office and in the executive branch?

This is something that should be gotten right. The information lodged against me does not charge me of libel against the Villaraza and Angcangco law offices. The private complainant in this instance is Villaraza, not the firm. And that article was certainly not about Villaraza and the firm but about their former lawyers and how the AEDC complaint was being handled. Section 6, Rule 110 of the Rules of Court were violated by the judge and the lawyers of the complainant.

No matter what Dumayas says in his decision, malice, actual and presumed, was never proved and we will prove that it was never established and proved.

Neal Cruz, this is for you: The high court has defined “actual malice” and malice in fact’ as an act that may be shown by proof of ill-will, hatred or “purpose to injure.” This was never proved by Villaraza.

I could not have been held liable civilly for actual and moral damages because the prosecution failed to adduce any admissible evidence to prove actual or compensatory damages.

The document shown by the prosecution was hearsay, given the fact that the person who prepared it (Villaraza) did not testify in court.

All this was brought out in court, but clearly ignored — for inexplicable reasons by Dumayas.

But that’s not the end of it because the case goes all the way to the appellate court and the Supreme Court.

In the meantime, I got my facts right, and those who bought the Villaraza lawyers spiel, should look at themselves first, before they judge and write.

Did Ninez knowingly lie about The Firm's role in FRAPORT?

did they made stuff up or just reported the news?

(via) Neal Cruz, who has read the decision on the libel case against Ninez Cacho-Olivares:

Failure to check on the truth of an allegation is interpreted by the courts as malice. And this is a common mistake of journalists in a hurry. Malice is present when it is shown that the author of the libelous item made such remarks with knowledge that it was false or with reckless disregard of whether it was false or not. Failure to check on the veracity of an allegation is reckless disregard and is interpreted as malice.

Another common error is that public officials and public figures are fair game; the public has the right to know what they are doing. Public officials are those who are elected or appointed to public positions; public figures are those who voluntarily thrust themselves into the public eye, such as movie stars, entertainers, society matrons, prominent businessmen, artists, athletes, etc. But it does not mean that anybody who attracts public attention is a public figure if he did not voluntarily thrust himself into the limelight. He is a private individual who has private rights and it is very risky to defame him.

Still another error is “fair comment.” Many believe that any column is fair comment.

But the Supreme Court laid down the guidelines for a fair comment on matters of public interest:

“Comment which is true or which, if false, expresses the real opinion of the author, such opinion having been formed with a reasonable degree of care and on reasonable grounds.” An opinion must be based on fact. A columnist cannot make a false accusation and say “that is my opinion.”

As if Ninez and the Tribune made the stories up out of whole cloth. As if they invented all the FRAPORT allegations without evidence to back up what they said.

Here's what the inquirer reported on FRAPORT people back in Oct. 14, 2003:

Fraport heads say Macapagal
lawyer 'asked for millions'
Posted: 11:48 PM (Manila Time) | Oct. 14, 2003
By Juan V. Sarmiento Jr. and Gil Cabacungan Jr.
Inquirer News Service

Climaco, Cruz also linked

A PERSONAL lawyer of President Gloria Macapagal-Arroyo had demanded "several tens of millions of US dollars" from the German airport operator Fraport AG to facilitate the ouster of its Filipino partner from the Terminal 3 project in Manila's Ninoy Aquino International Airport -- known as NAIA 3 -- so groups favored by Malaca?? could take part in the project, according to top officials of the German firm.

Fraport chairperson Wilhelm Bender and vice chairperson Manfred Schulch disclosed the demand of lawyer F. Arthur Villaraza in a letter to the World Bank's International Center for Settlement of Investment Disputes (ICSID) on Sept. 17, which they submitted through the Washington-based law firm Milbank, Tweed, Hadley & McCloy LLP.

It was serious enough that FRAPORT went to court with this.

And in that arbitration request, according to the Bulletin, it sez:

Fraport, which has 30 percent shareholding in its partner, Philippine International Air Terminals Corp. (Piatco), has earlier sued the Philippine government before the WB arbitration panel to enable it to honor its contract to operate and manage the long-delayed NAIA 3 facility.

In its arbitration request, Fraport alleged that presidential adviser on strategic projects Gloria Tan Climaco, presidential legal counsel Avelino Cruz, and President Arroyo's lawyer, F. Arthur Pancho Villaraza, attempted to extort some $70 million in exchange of the operations of the NAIA 3 facility.

So was Ninez (and the Tribune) guilty of libel for reporting on FRAPORT's own statements against the ARroyo gov't and it's lawyers? More from the NYT.

From the pro-admin Manila Standard Today:

Fraport asked Icsid to arbitrate the dispute after Ms. Arroyo voided the contracts granted to the Philippine International Air Terminals Co. to build and operate Terminal-3 at Naia. Fraport and its local partner, the Cheng family, are the principal investors in the project.

The German firm also implicated former Presidential Adviser on Strategic Projects Gloria Tan-Climaco and Chief Presidential Legal Counsel Avelino Cruz to the alleged extortion attempt.

According to Fraport’s letter-complaint, Tan-Climaco, now a consultant to the President, allegedly suggested to the company to tap the services of Villaraza to force the Cheng family to give up its stake in Naia-3 project. It said Cruz, on the other hand, exerted pressure on the company into ousting the Chang family from the project.

There was also a tape of the conversation between Fraport representatives and their lawyers talking about The Firm and Villaraza's efforts to extort money from them. The Transcript is here.

Senator Angara tried to start a probe based on the tapes, but was shut down by joker arroyo because the tapes were inadmissible (i.e. "illegally recorded").

Villaraza did not deny the tapes were fake, but agreed with Joker that they were "inadmissible" in court.

In his complaint, Villaraza said the articles – which included a transcript of a taped conversation between project officials and their lawyers – were based on "private conversations" that had been recorded illegally, and said they were "not only hearsay statements, but also inadmissible as evidence."

More from the Manila Times:

The law office of Villaraza had denied the alleged extortion attempt and claimed that it was the Fraport officials who sought their services.

Angara said he was not surprised by the denial.

“What else do you expect them to say? They cannot very well admit the allegation so they have to deny it. But they still have to disprove it because Fraport will try to prove what it alleges,” he explained.

And why just target Ninez when Dante Ang, Arroyo's former "personal publicist", has been saying pretty much the same thing about Pancho Villaraza. Dante Ang was a close confidant of the Arroyos, so if anybody should know about the corrupt practices of the people close to Arroyo if any--he should know.

When asked if Ang's threat to come out with an expose soon against alleged abuses of the influential law firm would hurt Malacañang, Bunye answered, "Of course, (it will) but just as we said before, we would prefer that the relationship between him and the other side (remain) cordial."

When pressed to comment on the strongly worded statements that Ang had
hurled at Villaraza, the presidential spokesman said, "That's his (Ang's)
personal view."

Ang also yesterday appealed to Mrs. Arroyo to kick out the
Villaraza-Angangco law firm from the Palace, a plea that apparently
betrayed the big role that the office actually plays in the Arroyo
administration.

"If we can kick out two presidents (Ferdinand Marcos in 1986 and Joseph
Estrada in 2001), certainly we can also boot out the likes of Viaje
(referring to Villaraza) out of this government...," he said.

Ang waxed poetic and warned that Villaraza will eventually be thrown out,
apparently by the same "civil society" that had seated Mrs. Arroyo in the
presidency.

"If Viaje thinks he has the situation under control and that the
businessmen he has milked dry and the people he has traduced will continue
to lick their wounds in silence, he has another think coming. Slowly but
surely, the whispers in the corridors of business and power are getting
louder, bolder, more descriptive, more pointed. The dam is about to burst.
The cascading waters will topple everything that stands in their path.
Viaje and his ilk will be the first to go. I've seen that before. And so it will be," he said, without elaborating.

Fel Marangay (a pro-Arroyo columinst for the manila standard today) agrees that the person Dante Ang refers to as "Viaje" was Pancho Villaraza.

Weeks ago, former presidential PR man and now Manila Times publisher Dante Ang dropped a bombshell about how an influential lawyer who he called only as Viaje, allegedly takes advantage of his Palace connection to engage in money-making deals.

Although Ang did not identify the lawyer, he was obviously referring to lawyer Arthur “Pancho” Villaraza of the Villaraza and Angcangco Law Office, which handles private legal matters of the First Couple.

Of course, any efforts at whistleblowing will always be subject to harassment by this administration.

I like the first paragraph of businessworld better:

DoJ says it's closing in on Dante Tan.

(From BusinessWorld (Philippines))

Byline: Bernardette S. Sto. Domingo

Fugitive businessman Dante T. Tan should enjoy his remaining days in hiding after the Department of Justice (DoJ) yesterday confirmed it is in talks with a country where he possibly sought refuge.

UPDATE: From Newsbreak:

The court also upheld that the law firm and Villaraza are private entities.

Sure, Just like Mike Arroyo?

PCIJ: Libel a ‘battering ram’ vs press freedom

Posted by: Avigail Olarte | March 8, 2007 at 9:32 pm
Filed under: In the News, Media Issues

THE arrest of Newsbreak online coordinator and writer Gemma Bagayaua over a P100-million libel suit is described as the latest of the series of attacks against press freedom under the administration of President Gloria Macapagal-Arroyo.

The New York-based media group Committee to Protect Journalists (CPJ) denounced the arrest and criticized “authorities in the Philippines” for “using criminal libel as a battering ram against press freedom.”

The libel suit of Ilocos Sur Governor and administration senatorial bet Luis ‘Chavit’ Singson against Bagayaua and four other Newsbreak editors and journalists follows the flurry of libel charges against journalists in the country today.

Arroyo’s husband, First Gentleman Jose Miguel ‘Mike’ Arroyo, has filed similar suits against 46 journalists, prompting media groups to call on Mr. Arroyo and the President to stop harassing journalists and using “an antiquated libel law as a tool to silence criticisms.” Mike Arroyo has sought a total of P141 million in damages.

“Government officials should not rush to a prosecutor every time a journalist writes critically about those in power,” CPJ executive director Joel Simon said.

Newsbreak staff and its other writers alone face two other libel suits. One stems from an article on the family’s alleged undisclosed properties in California. Another case was filed against Mia Gonzales for writing an article in the magazine about Mr. Arroyo’s “perceived crookedness and perceived influence in governance.”

“The message we’re getting is this: no matter how responsible journalists are, you can no longer seek protection in the law,” Newsbreak editor in chief Marites Dañguilan Vitug said in an earlier statement.

From NUJP: "Contrary to what his lawyers are saying, First Gentleman Jose Miguel Arroyo is a public figure and will have to prove actual malice in order for his numerous libel suits against journalists to prosper.

This is what human rights lawyer Theodore Te said during a roundtable discussion this morning held at the University of the Philippines in Quezon City. Agreeing with him were more than 35 journalists, some of whom are defendants in Arroyo’s libel suits, as well several UP journalism students.

The activity was organized by the National Union of Journalists of the Philippines after learning that 43 journalists are facing libel raps from the First Gentleman. His lawyers have been quoted in media as describing Arroyo as a private individual and therefore “not fair game” for media."

PCIJ: License to Libel:

LIBEL cases are becoming greater threats to journalists in the hands of First Gentleman Jose Miguel Arroyo, says lawyer Theodore Te of the Free Legal Assistance Group. Arroyo has studied the art of filing libel, because there is a “calculating aspect” on how he uses the loopholes in provisions on libel to make his suits more potent, according to Te.

Earlier libel cases filed by Arroyo singled out columnists such as Malaya’s Lito Banayo and inq7.net’s William Esposo. Now, he includes newspaper editors and publishers in his suits. This is a divisive tactic, as the defense of publishers consists of passing on the blame, according to Te.

But thanks gods Mike Arroyo dropped all the libel suits against the journalists out of the kindness of his heart ("gesture for peace"), after the 2007 midterm elections.

But STILL, Pidal still believes he is a "private citizen". (kaya ingat kayo mga media journalists.)

Funny reaction from Phil Jackson on the Gasol Trade

Wayback Archives: TRANSCRIPT OF GMA AIDES' DIRTY PLAY

Wayback Archive of the Daily Tribune article:

Excerpts of tapped Fraport conversation bared on
How to steal a private business

Wednesday, 05 14, 2003

Tired of all the Palace denials of the extortion racket of Arroyo officials and trouble shooters in Malaca񡮧's grand plan of taking over the Philippine International Air Terminal Co. Inc. (Piatco)'s Terminal 3 project, The Daily Tribune is reprinting the transcript of the tapped conversations between Frankfurt AG officials and their American lawyers.

Read about F. Arthur ?Pancho? Villaraza, President Arroyo's personal lawyer and trouble-shooter, demanding $20 million from the German firm Fraport in exchange for his background services to settle the problems of Piatco by effecting the buyout of the Chengs, Fraport's local partner and majority shareholders in the consortium Philippine International Air Terminals Co. (Piatco) that built Terminal 3 of the Ninoy Aquino International Airport.

Read about Villaraza's extortion attempt, among other revelations from Dr. Dietrich Stiller, Fraport's German legal counsel from Clifford Chance Punder, and Peter Henkel, head of a Fraport team in charge of the firm's investments in Terminal 3, and Fraport's two American lawyers.

Also in the tapped conversation, on which this paper in part based its exclusives on the Piatco controversy the past several days, Gloria Tan-Climaco, former presidential adviser for strategic projects, is unmasked as the operator apparently sent by Malacanang to work the Fraport and Villaraza sides.

At one point in the conversation, which took place apparently during a meeting among Stiller, Henkel and the two unidentified US counsels, Stiller can be heard saying,''Fraport, you need strong litigators who were well connected politically for otherwise you don't have a chance against the Chengs,'' quoting Climaco.

At another point, Stiller can also be heard saying, ''Hey, your friend (Villaraza) is a crook,'' this time quoting Mr. Endler, Fraport's chief financial officer.

Endler apparently called Mrs. Arroyo's lawyer-crony such upon learning of Villaraza's demand for $20 million, which, also according to the tapped conversation, he wants 'to be paid offshore via another entity in Hong Kong.''

Apparently, Villaraza has not kept his end of the bargain, that is, to put everything down in writing.

Fraport has brought its case against the Philippine government before a World Bank arbitration court.

Malacanang is asking the German firm to drop it, apparently fearful of the international backlash that would result from Fraport's laying bare allegedly massive graft and corruption in the Arroyo administration.

---

Dr. Dietrich Stiller is the German legal counsel of Fraport. He is from Clifford Chance P? Mr. Peter Henkel is, since early 2002, the head of the Fraport team in charge of Fraport's investments in NAIA Terminal 3.

US Lawyer 2: Let me just stay close to the facts there for a second. Now, the strong request from the (Gloria Tan) Climaco side, was this what was conveyed through (Joanne) De Asis or is this different?

Dr. Stiller: At the very beginning it was conveyed directly.

US Lawyer 2: Okay, so in February, which is before De Asis and Globe Capital is involved.

Dr. Stiller: They were not yet involved.

US Lawyer 2: At February, Climaco herself.

Dr. Stiller: Yeah.

US Lawyer 2: How...To whom did she speak? To whom did she deliver this message?

Dr. Stiller: At that time, to Endler (the chief financial officer of Fraport) and Struck (the executive vice president of Fraport).

US Lawyer 2: And what did she say? Why did she say she wants law firms changed?

Dr. Stiller: She told us that time, ?Fraport, you need strong litigators who were well connected politically for otherwise you don't have a chance against the Chengs.? And she suggested, there was a very strong suggestion from her side that Villaraza & Angangco are instructed by Fraport, because there is a very special relationship between the law firm of Villaraza, Angangco, Climaco and certain people in the government.

You know, Villaraza Angangco before it was renamed, had the name Carpio Villaraza Cruz. Carpio is very close to the President and who became a Supreme Court judge. He was the first Supreme Court judge to be appointed after Macapagal-Arroyo took over. And Villaraza, he stayed in the Firm, and Cruz became the presidential legal adviser. All of them are very close to Climaco. Carpio Villaraza and Cruz represented the Asian Emerging Dragons, the other project proponent who lost the bidding against Piatco.

US Lawyer 1: And Cruz became presidential adviser.

Dr. Stiller: Avelino, Avelino Cruz, and his nickname in the Philippines is ?Nonong,? so people always talk about Nonong.

US Lawyer 1: Nono?

Dr. Stiller: Nonong, ?Nonong? means Avelino Cruz.

US Lawyer 1: Okay, so the initial request conveyed directly to Endler and Struck was that ?Fraport, hire this firm.?

Dr. Stiller: Yeah.

US Lawyer 1: And Fraport's reaction was probably not conveyed immediately but some time later.

Dr. Stiller: Ah, Fraport, well because Fraport was not too much satisfied with QT (Quisumbing Torres) at that time, it was taken up. We had a meeting with Villaraza and, during that meeting, Villaraza...

US Lawyer 1: Asked for the money.

Dr. Stiller: ...Informed Fraport that he would be happy to do this but because of his special relations to the Palace, he would not be in a position to work for Fraport openly, so he would nominate other lawyers who would be the official adviser for Fraport and he would work on the background.

And he wanted to be paid offshore considerable amounts. How much was not exactly specified because this was not discussed until the very end.

And then Fraport made clear that Fraport is not willing to pay somebody in the background and some people in Fraport is not willing to make offshore payments to entities in Hong Kong, and, well, then there was a very controversial conversation between Endler and Climaco. Endler called Climaco and told Climaco, ?Hey, your friend (Villaraza) is a crook.?

This was repeated for several times and Climaco reported to Villaraza ?Endler called you a crook.? From that time there was an extremely hostile relationship between the law firm of Villaraza & Angangco on the one hand side and Fraport on the other side.

US Lawyer 1: Okay so how did Herrera, Teehankee and Faylona...

Dr. Stiller: Let me add something. Secretary Climaco's legal assistant, so to say, Atty. Nuval, formerly she's a freelancer but once upon a time she comes from Villaraza and Angangco and she left this firm to work for Climaco. Some people say that Villaraza had sent Nuval to make sure that Climaco does nothing which is not in line with the Firm's policies and she's expected one fine day to return to Villaraza Angangco.

US Lawyer 1: Where's Climaco now? She's no longer involved in this.

Dr. Stiller: She...it's not absolutely clear to us. At least, she resigned from her official position. She was appointed senior adviser as everybody who was a presidential adviser after having resigned from his or her office becomes a senior adviser, which is an honorary capacity without pay.

US Lawyer 2: That's after February, this is, so you had that discussion, Endler conveys his feelings about Villaraza. That's all, well, in the marginal frame, I guess. So Feb. 27 is the meeting next after that.

Dr. Stiller: The meetings continued and Climaco still pressed Fraport to take Villaraza & Angangco even after this event. It was at least indirectly conveyed to Endler and other shareholders. There were some negotiations between Fraport and Villaraza Angangco but not directly through Mr. Endler I think it was not cleared with Piatco, and he asked for something like $20 million or something like this and at a certain point these discussions were stopped.

US Lawyer 2: So it was after he asked for the $20 million that Endler called him a crook.

Dr. Stiller: No, it was a month before. It was a month before.

US Lawyer 2: So, Endler called him a crook before he asked for the 20 million.

Dr. Stiller: Yeah, and then the Philippine government asked Endler not to return to the Philippines, more or less.

US Lawyer 2: So, Endler called him a crook.

Dr. Stiller: Yes.

US Lawyer 2: Notwithstanding the fact that Endler called him a crook, there continued to be discussions indirectly through political advisers. Fraport continued to discuss the possibility of engaging...

Dr. Stiller: Probably for a period of one month or so there were no discussions at all.

Fraport Representative: Somehow in the end in all discussions with the decision what were we going to do from now on with the project and there the point then came up within the supervisory board, we talked about who can help us out here and who else could be helpful and then the name of Mrs. De Asis, for example, came up as one person who could be helpful. This was decision between Board and supervisory board of Fraport.

US Lawyer 1: On what... Villaraza asked for $20 million offshore through De Asis but presumably he had made this request in some way, maybe for less money, before and that was the basis on which Endler called him a crook.

Dr. Stiller: No, when Endler called him a crook, the amount was not yet specified. He was supposed to send Fraport an offer. But...

US Lawyer 1: A written offer.

Dr. Stiller: A written offer. But before this offer was sent, he was personally present, he already said that there should not be any direct instructions only indirect instructions. They would monitor and supervise other lawyers and they want to be paid offshore via another entity in Hong Kong.

US Lawyer 1: So there's no document.

Dr. Stiller: No document about this.

US Lawyer 2: Is it your sincere opinion that part of what was going on here was something which was as direct as hire Villaraza and this Angangco and he would participate in the $20 million offshore payment, or was it less than that. Was it simply this is somebody who is connected, who can do for you what you need?

Mr. Henkel: No, it was clearly indicated that this is a guy who should be utilized in order to make the necessary payments and then things would happen.

US Lawyer 2: She was, then, again, it was your sense that, although this was not ever expressly said, since things like these are not usually expressly said.

Mr. Henkel: I had my directions.

US Lawyer 2: Right.

Mr. Henkel: I just want to say, it was always said, 20 million for the Chengs and then the rest of the money, the 30 million would be the funds to distribute between different people and then there was that gentleman, he came from Villaraza's law office, his name is Nonong Cruz, and others, and other people who were backing the Chengs to be satisfied with this amount.

US Lawyer 1: Could we back up now when you say a portion for the Chengs. What's that story?

US Lawyer 2: Let's just back up a few, I've never heard the $50 million. We never heard that story. What is it? We got on this discussion because we asked Dr. Stiller, please explain all the lawyers involved and who they are. We've only gotten through the Firm.

Dr. Stiller: Only through Fraport's firms. We did not yet talk about who else is involved.

US Lawyer 1: But you mentioned something else, which is, apparently that there was a request for a payoff for something, for money to go to the Chengs. We haven't heard that before.

Mr. Henkel: To elaborate a little bit, we were always following different routes to solve our problems. The official route was to deal with the government. The official route was always to stay on the side of the government, do what the government says, and follow what they tell us to do.

So everything what we did, what we officially did, what we did, whether it was in Frankfurt, whether it was...were all in line with that agreement.

For that agreement, we had meetings with the Executive Secretary, with the legal adviser, with Gloria Tan-Climaco...

Gloria Tan-Climaco has an appointment letter in which she was not authorized to do what she did. And the appointment letter, as far as I'm told, seems personally what was only limited to different tasks but not to renegotiate with us the contracts.

But on the other side, we always, and I always here in Manila tried to find a way or to have an alternative ready in case that the way to discuss with the government would not show up as a dead-end road and would not lead to a favorable solution. I was, I was trying to build up an alternative on the basis of a private deal, and I was looking from the very beginning to find private investors.

Now, if you look here in the country for private investors that could take over the parts of the Chengs, the shares of the Chengs, and get in the project with the sufficient, that amount of money, there are not too many.

US Lawyer 1: Most of them are detractors in some way from the project right now.

Mr. Henkel: Yeah, so we found two.

US Lawyer 1: Who were they?

Mr. Henkel: The one is Ricky Razon. He is the operator of the harbor.

US Lawyer 1: Ricky Razon?

Mr. Henkel: Yes, he is the operator of the harbor. That's his company...Enrique Razon.

US Lawyer 2: R-A-S-O-N?

Mr. Henkel: No, R-A-Z-O-N.

Dr. Stiller: Romeo, alpha...

US Lawyer 1: Razon.

Mr. Henkel: Yes, and from him and then later on also from the second, the second source which is the information from Mr. Herrera Teehankee and Faylona, I heard that if they would get involved, they would only get involved after the Chengs were out of the project. And they told us that in order to get the Chengs out of the project, after they had familiarized themselves internally with the project, they told us that in order to get the Chengs out of this project, the 50 million would be necessary.

US Lawyer 1: To pay the Chengs?

Mr. Henkel: No, no, not to pay to the Chengs.

Mr. Henkel: 50 million would be necessary in order to get the Chengs out of the project.

US Lawyer 1: And that was Ricky Razon and who else told you that?

Mr. Henkel: This is Joseph Chua. He is the son-in-law of Lucio Tan and Lucio Tan is the owner of PAL.

US Lawyer 1: Uhu...Okay.

Mr. Henkel: So with both we are still in connection, we are still talking, we are talking again to find a solution.

US Lawyer 2: So, the $50 Million, those were two separate, Razon and the son-in-law of the PAL fellow.

Mr. Henkel: Chua.

US Lawyer 2: Chua. Those were two separate projects.

Mr. Henkel: To be very specific, the one said 40 and the other one said 60 and I always made 50 out of it.

(Laughter)

US Lawyer 2: Who said 40 and who said 60?

US Lawyer 1: Razon said 40.

Mr. Henkel: I think Razon said 40 and the other said 60.

US Lawyer 2: In fact, it's amazing how close they are, like a fishing market.

US Lawyer 1: So, but did they say that money was needed to be paid to who?

Mr. Henkel: To the, to the parties involved, let's say...

US Lawyer 1: What was the exact words? You had the discussion right?

Mr. Henkel: Yeah, something like this, but we never specifically talked about it because I didn't want to know who had to be paid out of this because the deal and the offer, the proposal was we bring in fresh money for this, to this company and, therefore, we did not, in the past, we did not discuss it in detail because they said, ?Okay, we make sure that the Chengs get out of this? and then we bring in 80 to 100 million more as fresh capital in order to finalize the building and to fund the start of operations, and this amount would be in either as shareholders' advances, and shareholder's capital increase or as a shareholder loans or something like this. It was never discussed in detail.

But they said, ?Okay, we take care...,? and this was in both cases, ?We take care of the Chengs.? So from some of the discussions, I learned that the Chengs, that payment to the Chengs would not be more than 20 million, even less. But they thought that, in this group, they had to pay, there would be paid people who would be able to convince the Chengs to get out of this.

Mr. Henkel: I believe if this 50 million had gone and was pumped into the different channels...

US Lawyer 2: Things will magically improve.

Mr. Henkel: The problems would be gone and we will have a chance to negotiate because, then, just for face-saving purposes, we have to amend the contract and the Concession Agreement.

US Lawyer 2: Given what your experience has been here over time and given the way in which you've been treated by people with whom you tried to reach business solutions, there'd be an awful lot of faith that you would make that $50-million payment. It would require, be an enormous aspect of faith on your part that $50 million is gonna get you where you need to go.

Mr. Henkel: We will not pay, the other guy has to pay it and I assume he knows the channels, he knows how to do this, he knows the environment.

US Lawyer 2: If your 50 million is gone...

Mr. Henkel: That's not what I'm saying. The hundred million are coming into the company. The 50 million is something that happens on his side. He pays 20 million maybe to the Chengs in order...as the purchase price for the shares and then there are 30 other million that he uses...

US Lawyer 1: For grease.

Mr. Henkel: For whatever, but, but then...

US Lawyer 1: Michael's point is that, that assumption,okay, if the Chengs are gone, 30 million or whatever is left over from what's paid to the Chengs goes to the appropriate channels here in Manila, things will magically improve.

US Lawyer 2: So they never really asked you to do things like what would you actually do. They don't respond in any rational way, causing you to believe, you don't know what they really want you to do.

Mr. Henkel: Yes.

US Lawyer 2: They ask you essentially to help them with respect to the Chengs in this way. When you do help them with respect to the Chengs in this way, they say, ?Don't bother me with this, it's your business!?

Mr. Henkel: Yes, and this was a real hell,although it was only a small amount because it's 5 pecent but, it's 10 or 5 percent, but they didn't...

US Lawyer 2: Your collection claim (Note: In December 2002, Fraport filed a collection lawsuit against Piatco), those are kind of steps to get somewhere.

Mr. Henkel: But in connection with this line of argumentation and this line of discussions, because these were the steps that the government requested from our side, in order to get into a position where they can take over this terminal and through this take over of the terminal, they say that they would be obliged to pay us and this was our understanding how we wanted to do it. We wanted to get out of this project and to get payment from the government.

US Lawyer 1: Is there a direct agreement with the senior lenders? Was there ever a direct agreement?

Dr. Stiller: No.

US Lawyer 1: There was never one negotiated?

US Lawyer 2: I think there's a draft but they refused to...

Dr. Stiller: No. There was a draft...

Dr. Stiller: The Palace itself. The first meeting at the Palace, there was a request from a Fraport board member, by Mr. Endler that, it was in front of five or 10 different people.

So, the request to the government was to impose all possible pressure on Piatco. There was a request, an oral request to the Philippine government not to negotiate with Piatco and, when Piatco asked for a meeting with the government, not to meet them.

"Imagine 19 salas being utilized to hear one and the same case. What a waste of time and taxpayers' money."

(First posted back in Feb. 26, 2006)

It's not the first time Malacanang tried to intimidate and harass the tribune.

In 2003, Malacanang tried to silence the Tribune's Ninez Cacho-Olivares by having her arrested for exposing the PIATCO extortion attempt by Malacanang officials. And like GLORIAGATE, PIATCOGATE also involved a tape. Somebody leaked to Ninez the tape of a tapped conversation between FRAPORT reps and their lawyers.

In that tape, it was made clear that Villaraza had demanded a $20-million fee to be paid offshore to an entity in Hong Kong, in exchange for his services, to include fixing up the problems facing Fraport on its investments in the country.

The interesting thing is that Arroyo's lawyers did not say the tape was fake or manufactured. They did say though that the tape was inadmissible as evidence.

-- Tribune link:

Tribune chief arrested, to be arraigned 19 times


Tuesday, 08 05, 2003

The Daily Tribune's publisher and editor-in-chief, Ninez Cacho-Olivares was yesterday arrested by the Manila Police on two counts of criminal libel. Seventeen more arrest orders for Olivares have been issued by the Makati Regional Trial Courts for the same complaint filed by President Arroyo's personal lawyer F. Arthur “Pancho” Villaraza.

Bail was set by the Makati courts at P10,000 per count, with a total of P190,000 for 19 counts.

Olivares is scheduled for arraignment in 19 different salas in the Makati Trial Courts next month.

Malacañang lauded the Makati courts and the police on the arrest of the Tribune publisher saying the case will now be properly tried in court.

The 19 counts libel suit stemmed from the Tribune exposé on the $70-million extortion try by Palace aides and Mrs. Arroyo's personal lawyer and “fixer,” Villaraza, who was reported to have demanded $20 million for “background services” for Frankfurt AG (Fraport) to solve its problems with the Arroyo administration and the judiciary, including the high court, on condition that Fraport ensures the ouster of majority shareholder of Philippine International Air Terminals Co. Inc. (Piatco) Vic Cheng Yong in relation to the airport Terminal III project.

The report was based on a taped conversation held between the Fraport representatives and their lawyers, where the corrupt practices of the Palace aides were disclosed.

The Palace refused to have the charges probed and even ensured that the Senate probe, which had already come up with a resolution to investigate the report, would be stonewalled, this, despite the announcements from the President and the Palace that they were firm on ridding her administration of corruption and even appealed to the public to come forward and expose the corruption.

Olivares saw her arrest as pure harassment and said this was politically motivated, since it was Mrs. Arroyo's personal lawyer who had ensured that not only would she have 17 warrants of arrest issued against her, but would be arraigned 19 times in 19 different salas of the Makati Court for the same complaint.

Olivares was arrested at dawn yesterday by operatives of the Western Police District (WPD) in her residence in Parañaque City, despite the fact that the orders were for the warrant to be served in Ermita, Manila, where the Tribune offices are located. The case has been lodged in the Makati Courts.

The Department of Justice, where the complaint was being investigated, after Olivares and her lawyers asked for the inhibition of the Makati Fiscal's Office, owing to the fact that the chief prosecutor was a Villaraza appointee, denied Olivares due process when the DoJ did not bother to grant Olivares the usual 15 days within which to file a motion for reconsideration.

The DoJ decision was received by Olivares last Friday, and the Makati Trial Court issued the arrest orders on the same day.

As the arrest warrants were not quickly served, WPD policemen told Olivares that one of Villaraza's lawyer, a lawyer Navarro, appeared Sunday evening at the WPD warrants section office and asked its chief of expedite the Tribune publisher's arrest. She was arrested at 6 a.m. and brought to the WPD for fingerprinting and mug shots.

Shortly before noon, Olivares posted P20,000 bail for her temporary liberty, only to discover that there were 17 more arrest warrants to be served against her.

Several lawyers, led by Rufus Rodriquez, Alan Paguia, Rene Saguisag, volunteered their services, and worked out the temporary liberty of Olivares.

An additional P170,000 bail was posted, with Olivares leaving the Makati courts at 6:30 p.m.

“This arrest comes from a legitimate case there was a charge filed against the officers of this (Tribune) newspaper and after the charges were filed the warrants were issued by the appropriate judge and the warrant was served,” Bunye said.

In a press briefing, the presidential spokesman claimed the arrest of Olivares was not meant to muzzle the Tribune. He insisted that the administration had not violated Olivares' rights when she was arrested in her home.

The publisher appeared before the WPD authorities and was escorted by P/Insp. Felicisimo Reyes and SPO4 Gil Corpus both from the WPD warrant section.

The warrant of arrest was forwarded to the WPD-warrant section under S/Insp.Virgilio Dacara around 7 a.m. The other day (Sunday).

“There's something irregular in our not being given the chance to seek a motion for reconsideration,” she said, adding, and to be arrested in Parañaque by the Manila police in an ungodly hour.”

“It's definitely harassment. There is no more rule of law, no more due process. There is no respect for anything anymore under this administration. The judicial system has been so prostituted, it no longer works for anybody that is critical of this godamm government,” Olivares pointed out.

She said her lawyers had wanted the case moved to the DoJ since Villaraza “controls the courts in Makati City,” only to find out that Villaraza also controls the DoJ.

Lawyer Elsie Ramos, legal counsel of Olivares, described the arrest of her client as “a move designed to gag her from further criticizing the Arroyo government” even as she called “dubious” the haste by which the warrant was served by police.

She added that it was obvious, “from the beginning they wanted this case filed as soon as possible, they even exerted effort to do a mental job of delivering the documents to her house and force her to file the counter affidavit hastily,” Ramos said.

Ramos said the issuance of the arrest warrants late on Friday is not only “strange” but also in violation of the Supreme Court circular which prohibits such move.

Meanwhile, Olivares' arrest yesterday was deemed to be politically motivated even as it forebodes the imposition of martial law.

This was aired yesterday by Representatives Renato Magtubo of the partylist Partido ng Manggagawa and JV Bautista of Sanlakas who explained that “the timing of her arrest is very dubious.”

“We have every reason to doubt that her arrest is not politically-motivated specially since the Arroyo administration has not lifted the declaration of a state of rebellion,” the lawmakers said.

They said the arrest of Olivares all the more fuels speculations that the declaration of a state of rebellion is a prelude to martial law.

In a related development, senators said Malacañang is obviously instilling a chilling effect in the media by clamping down one by one critics and perceived “enemies” of the Arroyo administration.

Opposition senators, in separate interviews, said this is the impression they get from the sudden order of arrest of Tribune's publisher and editor-in-chief.

They joined hands in condemning the serving of the warrant against Olivares, questioning even the timing in which it was served saying they could only surmise the possibility of the incident being part of the plan to muzzle the opposition including media entities critical of the leadership of Mrs. Arroyo.

Sen. Teresa Aquino-Oreta denounced what she described as methodical efforts by certain quarters to use both traditional and non-traditional media as launching pads for alleged hatchet job that unduly link members of the mainstream opposition to the failed mutiny last July 27.

Oreta felt she was one of the two senators being alluded to described by those that linked the information as “conspicuously silent” on the issue with the other suspected to be either Senators Rodolfo Biazon and Panfilo Lacson.

Senators Aquilino Pimentel Jr., Biazon, Oreta, Edgardo Angara including Minority Leader Vicente Sotto III and Sen. Joker Arroyo reacted strongly to the serving of the arrest warrant against Olivares.

Sen. Arroyo, who is known to be a staunch supporter of Malacañang, even sided with Olivares saying it was a harsh move on her.

“That's too much,” he commented when he learned that there were 19 counts of libel slapped against the paper's publisher and only two of which were the subject of the warrants served yesterday morning by operatives of the Western Police District (WPD) in her Parañaque City residence.

“The timing is not every good because it could eventually add up to the deterioration of the situation by the administration projecting itself now mounting a campaign against those critical of the administration,” Biazon said.

Pimentel, Oreta, Angara and Sotto held the same view, raising serious alarm over the development saying the incident is proving that the situation in the country is getting worse as freedom of expression is slowly being curtailed by the government.

“It smacks of political persecution...If an editor of a major publication can be arrested, next steps can be so easy —just file cases against critics in the media,” Angara said.

Sotto could only nod in agreement saying the timing is indeed questionable and it does not speak well of the administration specially in the eyes of the public.

“But my piece of advice is that we should not be sitting down because it can have a chilling effect on the right of the media to criticize government on mattes of national interest.

Most of the mainstream media were silent then. You know who you are. Will they be silent again against this latest jihad by this administration on Press freedom?

Previous:

-- Arroyo admin cracks down on Tribune, Abante

UPDATE: It's interesting reading all this old stuff. Some things never change when it comes to this admin.

Wayback Machine Aug 8, 2003: Ninez issues a statement

A million thanks

Senate probe is to be conducted over my speedy arrest and detention at the Western Police District on a charge of libel.

This is welcome news, not just for myself, but for all the journalists who may one day find themselves in a similar situation that is manipulated by the unelected but powerful figures in government who now have total control of the justice system, from the prosecutor's offices to the lower courts, all the way to the Supreme Court (SC).

Gloria claims I should not bring up my case before the media but to tell my story in court, saying there is no crackdown on the press.

I have always suspected Gloria of being silly, but it is only recently that I have discovered a high degree of idiocy in her.

My arrest and detention on a charge of libel are hardly the issues that are to be tackled in a courtroom. These are separate and distinct from the libel charges leveled against me by her powerful personal lawyer, F. Arthur “Pancho” Villaraza.

Besides, gross infractions were committed in arresting me last Monday, which merely show just how Pancho Villaraza and his client, Gloria, abused their power to harass me.

There was the clear violation of the memorandum of agreement forged between the National Press Club and the Philippine National Police and the Interior and Local Government department, which calls for coordination with the NPC in cases of an arrest order for a journalist. This was never done.

The arrest warrants, for two counts out of 19 counts, were issued by a Makati judge on a Friday, which is against the rules, and this was done without the Department of Justice (DoJ) granting me my right to ask for a motion for reconsideration, as this was just a preliminary investigation. This is a clear denial of due process for the accused.

The Makati judge rejected a motion from the DoJ to consolidate the cases, which paved the way for the issuance of 19 arrest warrants against me on the same libel complaint, to ensure that even after posting the bail, I would again be arrested, and arrested and arrested, as there were 17 more arrest warrants pending and to ensure that I would be charged excessive bail amounting to P190,000 for the charge of libel.

And the Makati judge rejected a motion to consolidate the 19 counts of libel, which translates to 19 judges hearing the same case of libel, with each sala hearing just one count even when there were just two complaints filed. Imagine 19 salas being utilized to hear one and the same case. What a waste of time and taxpayers' money.

This was also resorted to by Pancho and Gloria to ensure that I would be spending my time in 19 courts of Makati than in the newspaper.

And these same powerful people in and out of government dare to claim that there was nothing irregular about this arrest.

One sees just how prostituted the justice system is today, which includes the DoJ, as it has intentionally denied me the right to submit a motion for reconsideration.

Still, all these will be brought out before a Senate probe that is to be conducted soon where all concerned will have to explain how these violations came about.

And while Malacañang and its stooges, along with a high-ranking Supreme Court justice who was said to have celebrated my arrest with a “blow-out” for the SC justices, saying this arrest will “teach” me not to mess around with the justices of the high court and Malacañang, not to mention Pancho Villaraza, gloat over their success at “humiliating and embarrassing” and harassing me, a lot of them will now have to explain the many violations committed against a member of the press.

They may just discover that they celebrated too soon.

I would like to take this space to thank all those who have expressed support for my plight and to all my colleagues in the media who have denounced my arrest. My special thanks to the Manila Bulletin and the Philippine Daily Inquirer for their support as expressed in their editorials and columns. My thanks too to the senators of the republic who called for a probe into my arrest.

Thank you all for your support. The mails and calls received expressing support for me and my case are heartwarming.

Bel Cunanan: 'The Firm' diminished by libel case

(via wayback machine Aug. 9, 2003)

MY sister-in-law, the redoubtable Ninez Cacho-Olivares, editor-in-chief and publisher of the Daily Tribune, and I very seldom share the same politics. In fact one day that her views and mine happened to dovetail, former Senate president Jovito Salonga called up immediately to tease me, "Uy, nagkapareho kayo yata ngayon ng viewpoint." But I want to add my voice to the many protesting the way her libel case filed by the President's lawyer, Arthur "Pancho" Villaraza, was handled. Its timing couldn't be more unfortunate for the administration of President Gloria Macapagal-Arroyo.

All journalists live daily with the reality of libel, but this one seems to bear all the hallmarks of despotic harassment. The arrest order was served at the ungodly hour of 6 a.m. when the banks are closed. Moreover, the case moved with what a lawyer termed "very uncharacteristic dispatch." A lot is being made of the fact that the chief prosecutor of Makati City, Felicisimo Aspi, came from "The Firm" and was a classmate and fraternity brother of Villaraza. In fact it's no secret that "The Firm" is trying to get Aspi appointed to the Court of Appeals.


Then, too, the libel case consists of 19 counts of the same mother charge, and as lawyers have observed, it would involve 19 arraignments for Ninez before the Makati Regional Trial Court, and the bail becomes quite prohibitive (almost 200,000 pesos). The 19 counts may seem quite intimidating, but they do not seem proportionate to the much-depleted reputation of Villaraza's law office in legal circles. "The Firm" ought to be worried about the way it's being spoken of in whispers.

19 counts of the same mother charge? I hear it's now up to 48 counts.

This is the same law firm that filed 48 different libel complaints against me and my reporters and — this is on record — continues to fight against the consolidation of the cases, which then executive judge of the Makati RTC, now in the appellate court, the Arroyo state prosecutors and the Firm made sure wouldn’t be consolidated .

Here's what Hillary really wants

1) she wants to be VP because she wants to sabotage the obama campaign.

2) she'll say all the right things, but she secretly wants him to lose to mccain.

3) because if mccain wins, she thinks she has an excellent shot in 2012.

4) if obama wins, it has the potential to become a two-term presidency, and she will become irrelevant. plus, bill might divorce her, thus ending their political/business arrangement.

Tribune Editorial: A continuing oppression

EDITORIAL
Click to enlarge

06/06/2008

Media were tipped off on the promulgation of Daily Tribune publisher and editor-in-chief Ninez Cacho-Olivares on libel. And the tip certainly didn’t come from the Tribune, which does not call on media to provide coverage for such cases.

Evidently, the tipoff came from the Firm, the private prosecutors in the case lodged against Olivares. As a matter of fact, the Firm even called media a day before to invite them for a press conference in relation to the promulgation.

The Firm’s junior partners were all present in court yesterday.

It was a cinch that the court would hand out a guilty verdict on Olivares. One is sure to win a case will go all out for such a publicity.

For the firm, it knew that yesterday, with a conviction of Olivares, it would be its “crowning glory,” which was why the media were asked to attend the promulgation. They knew, even before the ruling was made, it was going to be a conviction.

What stunned, however, was the fact that despite a Supreme Court circular making a libel conviction’s penalty a fine of P6 thousand instead of a jail term, the court meted out the punishment of a six months to close to three years jail term, plus P33 thousand for actual damages and even P5 million for “moral damages,” considering, as the ruling said that the latter’s (The Firm’s) professional standing in society, they being highly reputed lawyers.” Such fulsome praise in a ruling.

To top it all, there went the Firm’s lawyers, announcing that the Firm would be donating the P5 million to the Philippine Press Institute to assist the journalists in their libel suits.

What? They who ensure that a journalist is convicted and jailed and made to pay P5 million for this one count of libel and even argue in court that Olivares should be denied bail after the conviction, even when it is not final and executory and will definitely be appealed, now say they will be assisting journalists in their libel suits?

Funny, but other newspapers wrote just about the same things about the firm, and yet only the Daily Tribune was singled out by Villaraza, as it was he, and not his law firm that alleged the crime of libel.

The case stemmed from one of 48 stories that appeared in The Tribune where The Firm was linked to irregularities over the controversial decision of President Arroyo to abort a $450 million contract to build the Ninoy Aquino International Airport (Naia) Terminal 3, which up to this day remains mothballed.

The decision is a landmark for stifling the freedom of the press.

The type of influence that The Firm exerts is no secret in the political and legal community and even in the media

As stated earlier, not too long ago, last January, Supreme Court Chief Justice Reynato Puno issued a circular advising judges to refrain from imposing jail sentence on journalists.

The penalties seem calculated to have a limiting effect on both Olivares and The Tribune which has always been critical of the administration of Mrs. Arroyo.

A P5 million fine would be enough to have dire consequences for a growing newspaper such as The Tribune.

It was not the first time that the powerful have tried to muzzle Olivares and The Tribune.

In the morning of the anniversary of the first People Power Movement in 1986, Gloria placed the country under a state of emergency through Presidential Proclamation 1017.

When midnight struck, the Daily Tribune was raided by the PNP-CIDG.

The libel conviction of Olivares is but a continuation of the constant pressure applied on The Tribune under Gloria’s administration.

The moves against Olivares and The Tribune then and now, however, were directed not exactly at the critical newspaper and its publisher, who they know cannot be cowed, but on the whole media sector.

These were made to let it known that digging up legitimate stories that step on the toes of the powerful would have dire consequences under Gloria’s administration.

For The Tribune, efforts to muzzle it only serve to further inspire it to greater heights in its mission to root out the truth under Gloria’s secretively sinister administration.

The more the attacks, the more The Tribune proves true to its vow to report the news without fear or favor.

"The Firm" finally gets its revenge

Tribune publisher Ninez Cacho Olivarez gets "found guilty" , gets 2 years of libel. Malacanang denies it had anything to do with it.

Read this report too from the Associated Press.

Sabi ni Schumey:

The Tribune has been a thorn in Gloria’s side. GMA failed to silence her with her 1017. Without rebutting Ninezz’s claims, I wonder where the court based its decision. Influence peddling? We all know who pushes the buttons to get things done in this country.

Previous:

-- PNP takes over Tribune office during "State of Emergency"
-- Inciting to Sedition raps filed against Tribune Editor in Chief

UPDATE: Wayback Machine Aug. 5, 2003:

Tribune chief arrested, to be arraigned 19 times

Tuesday, 08 05, 2003

The Daily Tribune's publisher and editor-in-chief, Ninez Cacho-Olivares was yesterday arrested by the Manila Police on two counts of criminal libel. Seventeen more arrest orders for Olivares have been issued by the Makati Regional Trial Courts for the same complaint filed by President Arroyo's personal lawyer F. Arthur “Pancho” Villaraza.

Bail was set by the Makati courts at P10,000 per count, with a total of P190,000 for 19 counts.

Olivares is scheduled for arraignment in 19 different salas in the Makati Trial Courts next month.

Malacañang lauded the Makati courts and the police on the arrest of the Tribune publisher saying the case will now be properly tried in court.

Arroyo's not going to push her luck

I was gonna post this sana on MLQ3's blog, but i keep getting the message:

Structural failure: no comment ID sent to comment hook
Aborting Spam Karma

So dito ko na lang ipo-post yung sasabihin ko. MLQ3 wrote:

My column for today, Eight is enough , starts off with proposals for snap elections ( Snap-poll reactions ‘ignorant’ says Teodoro Locsin, Jr.) and proposes the President simply quit while she’s ahead. Of course she won’t -but it will be interesting to see if the combination of populist stunts and sending the administration senatorial slate on the stump can be maneuvered into providing the pretext for saying the public is clamoring for an extension of the incumbent’s term. To, say, 2020?

Mon Casiple, who just recently seemed pretty confident the President had thrown in the towel, suggests it ain’t over ’til it’s over

I don't think she wants to extend her term. it's not in her interest. for one, the bishops and the CBCP who have been a big help in telling people not to overthrow her and have basically looked the other way on "hello garci", will not "allow" or support any moves by her for another term extension.

and she's not going to risk it all by prolonging her unelected stay in power.

there will be moves by GMA's surrogates in the House to push for a term extension for their boss, but this will only allow the CBCP the opportunity to "oppose Arroyo" and finally distance itself from her by the time she steps down in 2010 and is no longer in power. They've already distanced themselves from Edsa Dos, diba?

Can Arroyo's Image be Rehabbed?

Sabi ni MLQ3:

Another point: if the public wants the President to step down in 2010, they should understand this also means she will begin her political rehabilitation starting on that date. We would, in a sense, be returning to how it was from 1946 to 1965 and from 1992 to 1998: if an incumbent president stepped down gracefully, the successor would leave the predecessor unmolested, guaranteeing a tranquil retirement for himself in turn, regardless of the political rhetoric of past campaigns. This tradition was broken only twice: with the pursuit of the Marcoses and the imprisonment and trial of Estrada; the President’s pardon of Estrada can be viewed as the first step in restoring the status quo ante.

That being the case, if she steps down in 2010, the message is everything she did during her incumbency has been ratified by the people; in which case the people should leave her alone and give all her successors free rein to undertake every single policy of hers they see fit. This ought to be the true price for “I will wait ’till 2010.”

I doubt Arroyo's image can be rehabilitated, not in this age of the internets. I don't know how you can spin away Garci-assisted election stealing. And it is not just her who needs "credibility makeover", the guys at the CBCP and those shameless apologists who defended her on Hello Garci like MST columnist Bong Austero, Winnie Monsod (read this too), Connie Veneracion and bloggers like this one need it too.

But who knows? Can George W. Bush rehab his image after 20 years if Iraq turns out to be a stable democracy? Harry Truman did it. But does the disgraced Arroyo have a better chance than those two?

One thing for sure, if she is able to "gracefully" end her unelected and corrupt term in office (2010) without being impeached or "people powered", then she will get away with everything.

Greenhouse Calculator: Find out when you should die

(via Chizumatic)

Malor finds a wonderful save-the-earth propaganda site, funded by the Australian government. It asks you all kinds of questions about your lifestyle and consumption patterns, and then tells you how young you should die in order to not consume more than your fair share.

The graphics have to be seen to be believed.

Bill O'Reilly Meltdown

back in his Inside Edition days. Watch this one first:



And somebody made a REMIX, so we can enjoy it MORE:

Teeth

Great film and very original. It's not just a film about Vagina Dentata. I'm impressed with Jess Weixler's performance in her role as Dawn.

Why we are paying more for electricity

MLQ3 has a comprehensive roundup.

But how's the IMPSA investigation going? Hindi ba yan ang pinaka-unang corrupt ZTE-like Power deal na na-aprubahan ni Nani Perez at ng kanyang bossing sa Malacanang four days after Edsa Dos? Hindi ba kaya hindi nai-pasa yan ng previous admin ay dahil napaka "onerous" at disadvantageous ng deal na yan sa atin.

PCIJ: In Haste, Arroyo Government Approves Controversial IMPSA Deal

DJB on the Catholic Church

I agree with everything Dean said about them.

Iraq, Israel, Lebanon

Will they be all thrown under the bus if Barack Obama gets elected president?

John Paxson will regret not signing D'Antoni

Excuses, excuses:

May 11, 2008

The Bulls were ready to talk contract with Mike D'Antoni but never got a chance.

So said general manager John Paxson after D'Antoni agreed Saturday to become the New York Knicks' head coach.

Paxson, who first interviewed D'Antoni a week ago, expressed surprise that D'Antoni wouldn't wait to meet a second time with Bulls chairman Jerry Reinsdorf before accepting a reported four-year, $24 million contract from the Knicks.

that's just pax trying to cover his behind for not acting quickly to sign Mike D'Antoni ASAP.

Here's him dicking around a few days ago:

Paxson still on the prowl
Bulls GM not sold on Suns' D'Antoni

By K.C. Johnson | Tribune reporter
11:23 PM CDT, May 8, 2008

Anyone wondering how John Paxson is conducting his coaching search need only return to April 17, the day he fired Jim Boylan and made his only public comments about the process.

"I'm not going to worry about a timetable," Paxson said then.

That across-the-board philosophy even applies to former Coach of the Year winners like Mike D'Antoni, who no doubt would have enjoyed celebrating his 57th birthday Thursday with a contract offer.

Instead, unfazed by media reports that the Knicks were preparing a large offer to D'Antoni, Paxson has made it clear to the Suns coach's camp that he still plans to interview other candidates.

Paxson interviewed D'Antoni over parts of Sunday and Monday in Phoenix. Those familiar with Paxson's reaction said he liked the gregarious D'Antoni personally and is intrigued by certain ideas on using Bulls personnel.

But the same issues that plagued D'Antoni's basketball relationship with Suns GM Steve Kerr—lack of attention to defense, practice habits—are giving Paxson pause beyond possible financial concerns. He will likely seek around the $8.5 million the Suns still owe him over two years.

That's why Paxson still plans to interview people like Celtics assistant Tom Thibodeau and Pistons assistant Michael Curry, although the latter isn't expected to be given permission from GM Joe Dumars.

What that meant at that time was that Paxson was going to take his time and interview all the possible candidates, including Tom Thibodeau, who will not be available until the Celtics playoff run is over. There's no sense of urgency from the Bull's standpoint, which was a mistake IMO. More here:

D'Antoni remains in Bulls' holding pattern

May 9, 2008

BY BRIAN HANLEY bhanley@suntimes.com

It's a good thing the Phoenix Suns did not give Mike D'Antoni a deadline of today to find another job, as initially was believed, because the future of the Suns' soon-to-be-former coach did not become any clearer Thursday.

The Bulls, who remain very much interested in D'Antoni, have yet to extend him a contract offer. A source close to the team's search said general manager John Paxson is sticking to his plan and not worrying about how much time it takes for the process to play out -- even if a bona fide candidate such as D'Antoni is hired elsewhere while Paxson is interviewing others.

Warren LeGarie, D'Antoni's agent, did not meet with New York Knicks president Donnie Walsh on Thursday during a stopover in New York on his way home to San Francisco from Greece. The two might have spoken on the telephone, and Walsh is said to be torn as he tries to decide between D'Antoni and Mark Jackson, both of whom have interviewed with Walsh.

Paxson is believed to remain interested in talking with Avery Johnson, who was fired by the Dallas Mavericks last week, as well as some assistant coaches on playoff teams, such as the Boston Celtics' Tom Thibodeau.

Johnson interviewed with Walsh on Tuesday in Houston, and Thibodeau's name also has come up in connection with the Knicks. The Celtics have yet to grant Thibodeau permission to talk with any team because coach Doc Rivers does not want any distractions during Boston's postseason run.

Great. Now the Bulls have all the time in the world to talk to Avery Johnson, Tom Thibodeau, Michael Curry and reject Mark Jackson.

Obama not good in math (video)

57 states? watch how he pauses before adding... "seven"

McCain's Theme

if Obama's message is CHANGE, then McCain's should be UNITY and STRENGTH.

McCain will bring Republicans, Democrats and Independents together. And he will provide strong leadership and protect America against enemies foreign and domestic.

Camera Tricks

Photos at the Obama Rally.

Mike D'Antoni's Stint with the Denver Nuggets

Truehoop Henry Abbott wrote:

Talk about Mike D'Antoni in Phoenix has been hampered by the common thought that the Bulls -- built for defense, sans a Steve Nash figure -- aren't his kind of team. But I agree with BlogaBull, how do we know what a D'Antoni team looks like? He has had Steve Nash, and has coached a certain way that suits Nash. Without Nash, we don't know squat about what he'd do. Alos, as I have written before, I think a new approach in Chicago could be powerful, and D'Antoni would sure be a new approach.

I think we have an idea what his style will be like without a point guard like Steve Nash based on his one-year stint with the Denver Nuggets.

The San Antonio Spurs bring out the worst in the Denver Nuggets.

After holding the Nuggets to a franchise-low 61 points less than two weeks ago, the Spurs added another black mark to Denver's record book with an 86-65 victory Thursday night.

The 65 points were the fewest Denver has ever scored at home, and the lopsided loss was the third by 20 points or more for the Nuggets this season. All three have come against the Spurs.

"Well, at least we're done with San Antonio for the year," Denver coach Mike D'Antoni said. "It's hard to point to one thing. It was a complete meltdown."

Tim Duncan scored 28 points and David Robinson added 12 points and 13 rebounds for the streaking Spurs, who have won nine straight against Denver and 12 of 13 overall.

Vainly trying to defend both 7-footers, the Nuggets had no answer for San Antonio's inside game. Denver shot 31 percent from the field and were outscored 44-20 in the paint.

"They're kind of undersized," Robinson said. "They start two forwards at 6-9 and then a center at 6-7, so there are tough matchups for them. They're athletic, but at the same time, it's hard shooting over 7-footers every time you turn around."

Sounds familiar? Let's see... a 6-7 guy playing center? Let's check the roster. Hmmm... must be this guy.

But D'Antoni's team was very athletic and they like to run. Before Nash and Amare, Mike had Nick Van Exel and super-athlete Antonio McDyess in Denver as "the hip-hop Stockton and Malone." Did not work as well though.

This was the starting five Dantoni used for most of the lockout-shortened 1998-99 season:

Players	Games	GamesStarted
Antonio MyDyess	50	50
Nick Van Exel	50	50
Chauncey Billups	45	41
Danny Fortson	50	38
Bryant Stith	46	32

D'Antoni also like shooting big guys like Raef Lafrentz, who as a rookie started for the Nugget's first 12 games before suffering a season-ending tear of his left anterior cruciate ligament.

Denver Nuggets 1998-98:

1998-99: Welcome Back, Antonio

Antonio McDyess, who spent his first two NBA seasons with Denver, returned as a free agent after one year in Phoenix and became the centerpiece of a much-improved Nuggets team.

The Nuggets were only 14-36 during the lockout-shortened season. But, under first-year coach Mike D'Antoni, they posted more victories in 50 games than they did the previous season (11) in 82 games.McDyess, an All-NBA Third Team selection, posted career-highs with 21.2 points, 10.7 rebounds, 2.3 blocks and 1.46 steals per game. Point guard Nick Van Exel, a 1998 All-Star who was acquired in a trade with the Lakers, averaged 16.5 points and 7.4 points.Danny Fortson averaged 11.6 rebounds (fourth in NBA) and led the league with 4.2 offensive boards per game. Denver native Chauncey Billups returned home in a trade with Toronto and was third on the Nuggets in scoring (13.9 ppg).Denver's frontcourt was depleted by injuries to a pair of rookies. Starting center Raef LaFrentz averaged 13.8 points and 7.6 rebounds in the first 12 games before a knee injury sidelined him for the rest of the season. Keon Clark missed the final 20 games because of a partially collapsed lung.The Nuggets played their final season at McNichols Sports Arena, their home since 1975. They would move into the brand-new Pepsi Center in 1999-2000.

UPDATE: Feb. 5, 1999: Running game's not Moe's, it's D'Antoni's

Running game's not Moe's, it's D'Antoni's

By Vicki Michaelis
Denver Post Sports Writer

Feb. 5 - The running game is close to becoming a running joke in Denver.

So many have tried and so many have failed that when another new Nuggets coach comes along and promises to play uptempo, fans wait for the punch line.

Where is Doug Moe when you need him?

Moe is in San Antonio, playing golf and taking his grandkids to the zoo. The last coach to have consistent success with the running game in Denver is retired.

And he believes the running game should be, too.

"It's a concept that's past its time,'' he said. "If you're really going to run, you're going to have to push it every day, not just in games but in every practice. Nobody does that.''

Meet Mike D'Antoni. He's going to try.

D'Antoni played college ball at the birthplace of the fast break, Marshall University. He often pushed the pace as a point guard in his pro playing days. The Italian League teams he coached ran more than they walked and won much more than they didn't.

Now D'Antoni, Denver's new coach, has the Nuggets sounding in scrimmages like a thundering herd and has their post-practice locker room looking like a trash heap of worn-out players, all slumping in their chairs.

D'Antoni, early in his pro career, played for Moe for a few months in San Antonio. But he was hurt most of that time, plus he had been sold on the running game long before he met Moe. So he developed his system independent of Moe.

Moe predicated his offense on a pure passing game - which last season's Nuggets coach, Bill Hanzlik, tried. D'Antoni, however, will have set plays, off which the Nuggets can spin some spontaneity.

"I try to have some structure in it,'' D'Antoni said. "It's like doing a dance. I put the feet out, so you can follow the dance steps. And (Moe) just says, "Go dance.' That's the main difference.''

D'Antoni wants his team to play pressure defense, to create turnovers that feed the running game. He also wants his players to know their basketball as well as Moe's squads did.

Both he and Moe said the most important part of a successful running game is having a point guard who can play in the open court and push the pace. The Nuggets have that in Nick Van Exel, who said he "feels great'' playing in this system.

Moe added that the coach of a running-game offense needs to be a special breed.

"You have to have someone who's a little off the wall, to get into it to a degree where it's going to work,'' Moe said.

D'Antoni has confidence in the fact that he's already made it work in Italy. He's also undaunted by the failure of those coaches who have run out of success or even patience with the running game in seasons past.

"That doesn't mean the running game doesn't work. That just means that group of people just didn't run it. I'm not criticizing the coaches, but, for whatever reason, they couldn't get their system in,'' D'Antoni said.

Nuggets coaches before D'Antoni have hailed the running game as a way to take advantage of Denver's mile-high altitude. D'Antoni downplays that as his reason for wanting to resurrect it, simply saying: "That's how you play basketball. It's fun for the fans.''

On that point, he and Moe agree. Moe called the altitude advantage of the running game "one of the great myths of all time.''

"It probably gives you a little advantage in Denver, but only psychologically. Physically, it doesn't,'' Moe said.

The real advantage of the running game, Moe said, is that it allows teams to close the talent gap between them and their opponents.

"You've got to do something if you're not as good as the other guys,'' Moe said.

He's just not sure the running game is the way to do it any more.

The running game, also successfully run at a mile high by Larry Brown, seems to share an identity with basketball in Denver. Moe figures that's why seemingly every new Nuggets coach promises to play it.

"I don't know why they bother to, really - and that's not in a negative way,'' he said. "I just feel in a lot of situations they feel they have to say they're going to run.''

D'Antoni appears to mean it. And, at least one veteran of Denver's run-down renditions of the running game said he believes this year's Nuggets finally will deliver on the promise.

"I know in the past we always started the season by saying we're going to run,'' Nuggets guard Bryant Stith said, "but we often reverted back to the halfcourt offense because we just didn't take care of the ball in the open court and, for one reason or another, we didn't have guys who continuously pushed the pace for the 48 minutes. But I think that has changed.''

Louisiana Gov. Bobby Jindal on the Tonight Show

here's 36 year old Indian American wonderkid Bobby Jindal on Leno's show.

Barack Obama playing basketball (video)

It's weird because siya lang ang naka-pants. siguro ayaw niya ipakita ang legs niya sa media.

What a Hack

(via MLQ3) Interesting post from Big Mango, but he has a credibility problem. And he defended the Arroyo status quo, kinda like the CBCP.

It's like taking advice from Jeremiah Wright on race relations, or Karl Rove on running a clean campaign.

And elections won't solve anything if the COMELEC is still in the tank for Arroyo and many of the cheaters working for the COMELEC are still there and remain unpunished. Something he conveniently forgot to mention. No amount of window dressing can substitute for a good house cleaning.

And if you're going to repeat Arroyo's talking points like "the system is the problem, not her" OR the other one "the alternatives to replace Arroyo are worse", please have the humility not to lecture us anymore about your crap.

(now back to my regular NBA viewing)

It's never too early to campaign for higher office in 2010

What do you think about this ambitious pol? As a Senatorial candidate or for all the marbles (the Presidency).

* Pwede ring VP.

CNN's Richard Quest is a naughty, naughty boy

(New York Post, via instapundit)

CNN personality Richard Quest was busted in Central Park early yesterday with some drugs in his pocket, a rope around his neck that was tied to his genitals, and a sex toy in his boot, law-enforcement sources said.

NBA Playoff Schedule 2008 (Philippines)

UPDATE: NBA Schedule 2008-2009 (Philippines)

Baracky

If you haven't seen it yet...

HAMAS' Ahmed Yousef: We like Mr. Obama. We hope he will (win).'

Obama gets another (unwanted?) endorsement.

"The worst moment in history to demand biofuels"

link (via)

As the world's population continues to grow toward a projected 9 billion people by the early 2040s, the demand for food, fresh water and energy will grow with it. At the same time, supplies (water, in particular) are shrinking. So, does it really make it sense to suddenly accelerate the use of crops to produce fuel to satisfy our seemingly endless demand for energy? Of course not, especially when you consider the amount of water it takes to produce that fuel by current processes. The obvious answer to that question raised by Dennis Avery is an emphatic no.

Hillary drinks Beer (Video)

Link

Fake "Tibetan" Provocateurs?

(via instapundit) A staged assault on wheelchair-bound Chinese woman carrying the torch, for the media?

"And, as Petraeus is fond of saying, the enemy gets a vote in U.S. strategy."

And, as Petraeus is fond of saying, the enemy gets a vote in U.S. strategy. Will al-Qaeda, the Taliban or Iraqi insurgents see it in their interest to go on the attack against Americans to try to influence the campaign and November's elections? If so, in what direction?

Would Iran welcome a newly elected President Obama with a nuclear enrichment freeze or -- more likely -- by testing him by moving identifiable Iranian militia units into Basra province on a large scale, as some Persian Gulf Arab states may fear? Or if it is President McCain, will the ayatollahs show something like the Reagan reflex? After all, they greeted the election of a conservative hard-liner in 1980 by releasing U.S. hostages.

-- Jim Hoagland, Washington Post April 13, 2008

Taking a Break

it's that time of the year again, around april-may, when i pay less attention to RP politics and pay more attention to the approaching NBA Playoffs.

Paul Krugman: Biofuels have been a terrible mistake

Link to his NYT article.

These days you hear a lot about the world financial crisis. But there’s another world crisis under way — and it’s hurting a lot more people.
Skip to next paragraph

I’m talking about the food crisis. Over the past few years the prices of wheat, corn, rice and other basic foodstuffs have doubled or tripled, with much of the increase taking place just in the last few months. High food prices dismay even relatively well-off Americans — but they’re truly devastating in poor countries, where food often accounts for more than half a family’s spending.

read the whole thing. (via instapundit) More:

Where the effects of bad policy are clearest, however, is in the rise of demon ethanol and other biofuels.

The subsidized conversion of crops into fuel was supposed to promote energy independence and help limit global warming. But this promise was, as Time magazine bluntly put it, a “scam.”

This is especially true of corn ethanol: even on optimistic estimates, producing a gallon of ethanol from corn uses most of the energy the gallon contains. But it turns out that even seemingly “good” biofuel policies, like Brazil’s use of ethanol from sugar cane, accelerate the pace of climate change by promoting deforestation.

And meanwhile, land used to grow biofuel feedstock is land not available to grow food, so subsidies to biofuels are a major factor in the food crisis. You might put it this way: people are starving in Africa so that American politicians can court votes in farm states.

Can a fat woman win Miss England?

Can a plus-size lady do it?