There’s big money behind the ‘troubles’: That’s what worries me - BY THE WAY by Max V. Soliven

President Arroyo telephoned this writer yesterday morning to explain why she had to declare a "state of rebellion" and asked for my understanding and support. Without fudging, that I’m happy to give – but with a caveat. The President must rein in the over-enthusiasm of some of her police and military cohorts.

If, indeed, there was a "plot" to overthrow the government through violence and force, by all means it must be uncovered and crushed. But the President herself must know that such methods as "warrantless arrest" and lightning raids and searches without proper warrant (meaning through the proper court) are acts that send a frisson of fear through the minds of even the innocent. When cops come banging at your door in "pursuit" of suspected subversives, that’s a formula for panic.

President GMA promised to lift the "state of rebellion" order soon. (Her spokesman, Secretary Rigoberto Tiglao, has announced, tentatively, this will be on Monday.) At least there’s a timetable now. The apprehension that this unnatural state might be open-ended is, at the very least, somewhat alleviated.

There are, to be sure, raw intelligence reports – and this is worrisome – that there remains in concealment an P800 million "fund" in the hands of troublemakers with which to finance more disturbances and mayhem, if the clandestine forces out to topple the Arroyo government manage to regroup. If these reports are true, there’s little doubt that drug money and contributions collected from other crime syndicates are being brought into play. Again, I must stress that such information (they didn’t come from Malacañang, I hasten to repeat) consists of "raw" intelligence.

My sources say that the whereabouts of two leading suspects are already in the possession of the lawmen who’re in hot pursuit. What’s keeping them from effecting those arrests?

* * *

The so-called EDSA TRES or pro-Estrada demonstrations were well-organized and well-funded as well. I’m told that the budget for "food" alone for the EDSA rallies was P2.5 million per day (and night), while the bill for daily "entertainment" (fiestas don’t come cheap) was P200,000 per day.

The assault on Malacañang, other informants tell us, was meticulously planned, orchestrated, and well-financed. There’s talk about a P30 million fund involved in over-all activities. The nerve center of the operation was the office of a PR agency belonging to a big shot who cleverly let it "leak" to the media, reinforced by his own public statements, that he was one of the "Doves" in the opposition who had counselled "moderation" and warned "against the use of violence." Just goes to show that the slippery operators responsible for whipping up the frenzy of the mob and funding it were smart enough to manufacture their own alibis in advance.

Two sons of former President Estrada are, to put it mildly, under suspicion. One – guess who? – is believed to have been the "field marshal" of the attack on the Palace. The other, whose name has become public since he was recorded by the television cameras of ABS-CBN and GMA-7 as "talking" to pro-Estrada demonstrators at Nagtahan Bridge on A-Day ("Assault Day") May 1 is Jude Estrada. Jude will, of course, be able to deny he was involved in any mischief – but it’s a strange coincidence for him to have been in Nagtahan near Malacañang at 5 o’clock in the morning. Was he merely going so far away from his home in San Juan, or was he passing by on his way home from a disco, or what? Jude should have been more judicious.

Is their having been too nosey one reason the vans of ABS-CBN and GMA-7 were set upon by the fury of the mob?

There are many strange tales about how the numbers of demonstrators and masa rallyists were augmented. There’s a report, for instance, that three boatloads of "volunteers" had arrived from Visayas and Mindanao. The freighters belonged, it’s alleged, to two opposition personalities now running for public office, while the expedition was underwritten by an Erap crony based in Zamboanga. (Wonder who?)

Another crony, an official of a posh country club, reportedly trucked 200 caddies from the club to participate in the rallies. (Who paid their green or turf fees?)

The whole thing would be comical, if it didn’t look sinister and Machiavellian.

The "poor" and kapus-palad were prodded, although in truth they didn’t need too much prodding to hate the "rich" and "the establishment." But, if the reports pan out to be true, their hatred was greased along by a few pesos. Mary Poppins used "a little bit of sugar" to make the medicine go down – but money’s faster.

* * *

If the government, as it’s been hinting all over the place, has the goods on the La Pasionaria of the Opposition, Madam Miriam Defensor-Santiago, it should arrest her and stop waltzing around the issue. One gets the impression that they’re scared to tangle with La Boca Grande whose comic-opera antics are becoming increasingly shrill.

The other day, for example, after filing her petition with the Supreme Court, reelectionist Senator Defensor-Santiago held an impromptu press conference on the steps of the court building. The feisty solon dramatically declared that it would be a badge of honor to be arrested and incarcerated by an "oppressive government."

However, she apparently had an abrupt change of mind (if any) yesterday. This time she asserted on television that she would resist being arrested by the police. While she was announcing this resolve to resist arrest, the TV cameras caught, lying on her table, a .45 caliber pistol. Did she place it there as a prop, as a warning to any arresting cops that she intended to shoot it out with them, or was the pistol merely a toy gun? I recall, when she was Immigration Commissioner years ago, there was a magazine cover photo of Miriam holding an automatic in firing position, over the caption: "Miriam Hits the Bull's-eye."

At that time, she had boasted that she eats death threats for breakfast. Will she now eat any arresting policeman alive? She’s got the mouth for it, I’d say.

* * *

One of our columnists, Domini Torrevillas, yesterday referred to a petition for habeas corpus filed by Ninoy Aquino, Ramon Mitra Jr., Francisco "Soc" Rodrigo, and Napoleon Rama vs. Juan Ponce Enrile, secretary of national defense, Gen. Romeo Espino, chief of staff, AFP, and Gen. Fidel V. Ramos, chief of Philippine Constabulary. This was filed at the onset of Marcos "martial law" in September 1972. She forgot to mention that yours truly, Pepe Diokno, Jose Ma. Velez, etc., were also petitioners in that same suit.

We had all been arrested in something worse than a "warrantless arrest." There had been "warrants", to be sure, but these were xeroxed warrants for arrest "for subversion", with even the signatures of Johnny Ponce Enrile (yep, the same JPE), as Secretary of National Defense, xeroxed – not personally signed by him. I remind JPE of this, since he’s now the one in jail on the basis of a warrantless arrest.

Incidentally, my name was merely typed in on the xeroxed "warrant", and when I asked the arresting officer, a very polite Intelligence (SAFP) Major named Arcega, for a copy of the "warrant", he took it away from me, pleading that it was his only copy! In fact, my houseboy and gardener, a former Army sergeant, had "stalled" the arresting Metrocom troopers at my front door (it was 2 o’clock in the morning) to give me time to ring up General Fidel Ramos – to my surprise I found him in his headquarters in Camp Crame – to ask him whether this was a kidnapping, a murder plot, or a legitimate arrest. FVR replied on the phone that it was a legitimate arrest and advised me to "surrender", promising me that no harm would come to me. I asked him: "For what crime am I being arrested?" He answered: "Heck, Max, I don’t know. I only got your name on a list sent to me by President Marcos at midnight!"

This is why one experiences a weird sense of déjà vu when we’re told about warrantless arrests.

Incidentally, our petition for habeas corpus was rejected by the Supreme Court, which was then under Chief Justice Fred Ruiz Castro, at U.P. law classmate of Ferdinand Marcos. Our lawyers a the time included Joker Arroyo and now Sandiganbayan Presiding Justice Francis Garchitorena. Joker was, as always, confrontational. Francis was even more vehement and railed loudly against the cowardice and collaboration of the Supreme Court Justices, and against "that despot, Marcos." We had to warn him to shut up, otherwise he’d end up in maximum security prison along with us.

"If you’re slapped in jail," I hissed to Garchitorena, "what good will you be to us?"

At past three o’clock yesterday afternoon, the Supreme Court under Chief Justice Hilario Davide, Jr., began hearing similar petitions for writ of habeas corpus of Senator JPE, and former Senate President and Ambassador Ernesto Maceda. Both Enrile and Maceda, as we did, are questioning the legality of their arrest and detention, and asking the High Court to nullify their "warrantless" arrests.

They’re luckier than we were on that disappointing day in September 1972. They’ve got, hearing their case, fifteen Justices who’ve already exhibited more backbone and probity than the old Supreme Court which had been packed with Marcos friends and classmates. Although the present Supreme Court has been assailed and even vilified by those who disagreed with its rulings, it’s proven itself the steadfast guardian of our liberties – the last refuge in the land of those who believe that their basic rights under the fundamental law have been violated.

May it always be so, particularly in these troubled times.

* * *

Butch Ledesma, a grandson of my old and dear friend, the late Emerito Ramos Sr., contacted me yesterday in a state of agitation. He told me that a large number of heavily-armed policemen and SWAT officers under the command of Sr. Supt. (General) Reynaldo Berroya had barged into his home in Quezon City looking, they averred, for fugitive Senator Gregorio "Gringo" Honasan.

Ledesma couldn’t understand how in the world the cops thought he was harboring Honasan, or that he even knew Honasan, but not only were the "raiders" toting high-powered rifles but there were even helicopters hovering overhead, presumably to eyeball the place from the air in case the "fugitive" tried to make an escape over the fence. It was the stuff of nightmares.

As a homeowner, can you imagine a posse of tough-looking guys saying they’re cops pushing their way into your residence without a warrant? The military thugs and police bullies of the Marcos martial law regime used to do exactly that, but they were at least carrying those notorious ASSOs (Arrest, Search, and Seizure Orders).

"Our security guard," Ledesma complained to me, "tried to prevent them (the police) from entering, but what could he do with so many of them? Needless to say, they did not carry with them a warrant of arrest or a search warrant. They did not find Senator Honasan in our home, only nervous members of my family. I was at work when all of this was happening, but my mother called me on my cellphone with that same nervous voice she had 30 years ago when martial law was declared by Marcos.

"I don’t exactly know how to describe my feelings at the moment. It’s a combination of fear, helplessness, feeling of being violated, being disturbed, plus anger – and more. My friends from both sides of the political spectrum have been calling up, since seeing it on TV or hearing it over the radio, but the most important of all was to exercise my freedom to speak and to be heard!"

There you have it, Mrs. President. The cry of anguish from a citizen who’s experienced warrantless search – with nobody supposed to be "arrested" being found in the premises of an innocent residence.

That’s the problem with having a "state of rebellion" which empowers lawmen and policemen to invade the privacy of individual homes.

The thought intrudes: What if goons sporting fake police uniforms were to barge into targetted homes? Who’ll stop them?