Defying law and logic

Some officers simply flout law and logic in going about their duties. This is evident in the illegal transfer of Atong Ang to the Bicutan Jail and the idiotic barging of sludge from the Guimaras oil spill to Mindanao.

Ang, when arraigned for plunder before the Sandigan last week, was ordered detained at the Quezon City Jail (QCJ) for proximity to hearings. He had wanted to stay at the NBI detention cell, air-conditioned and with free use of mobile phone. But the justices didn’t buy his claim of constant death threats by cell phone calls and texts, because he showed no proof.

Nonetheless, Ang spent only half a day at the QCJ. After his detainee papers were processed, VIP guards from the Bureau of Jail Management and Penology whisked him to a cozy cell at their regional office in Bago Bantay, Quezon City. The next day they transferred him to the BJMP regional jail in Bicutan, Taguig City. All this was done without proper court order, only the pretext that Ang’s life was in danger – a story that the court already had nixed.

It would seem that only BJMP lower officers made the decision to move Ang to VIP quarters from the day they took custody of him. But surely they wouldn’t have done so without the backing of political bigwigs, the usual makers of messes. Consider this string of memos.

In a report dated 15 Nov. 2006 to the QCJ warden, intelligence head Insp. Jesus Manguiat first broached the idea of removing Ang. He cited the fact that Ang has been in the news since charged with plunder along with former President Joseph Estrada, fleeing to the US, and extradited. He then listed Ang’s personal data: names of parents and wife, number of children, address, one Richard Lim as nearest of kin, age, height, weight, schooling, etc. Manguiat acknowledged "(sic) subject inmate was committed at QCJ on 15 Nov. by commitment order of the Sandigan signed by Hon. Teresita Leonardo de Castro.

Lastly, Manguiat wrote (sic): "According to (Ang) he has a threat to his life but insofar as this office is concern we have no information as to his threat. However, be it true or not, the fact that this jail has a congestion rate of 400% the threat to his life can be carried out easily by some unscrupulous inmates." Manguiat suggested transfer to Bicutan.

Not so fast, BJMP head Chief Supt. Antonio Cabil Cruz reminded his men. In a memo on 16 Nov. to his Metro Manila regional director Sr. Supt. Serafin Barretto Jr. in Bago Bantay, he said he had received word of the QCJ warden’s plan to move Ang to Bicutan. The warden had taken the courtesy of filing with the Sandigan a motion to approve the transfer, but had yet to get its nod. "Meantime that the Sandigan has not acted on our motion," Cruz told Barretto, "you are directed to hold in abeyance such transfer."

Cruz explained why: "Be reminded that Ang is subject to court orders and BJMP merely detains him for the court. Pursuant to Sec. 3, Rule 114, Rules of Court, he cannot be transferred without court order. Said provision of law is hereby quoted: ‘Sec. 3, No release or transfer except on court order or bail. - No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.’ Be guided accordingly."

All that time, though, two cabinet men were laying the predicate for VIP treatment. Justice Sec. Raul Gonzalez plied the press with claims that Ang had linked more than ten politicos to unsolved crimes and so needed protection; he didn’t name names. Interior Sec. Ronaldo Puno, to whom the BJMP reports, issued a statement that any warden was free to transfer a detainee whose life was in danger; he didn’t cite which law.

With that as cue perhaps, Barretto did his own thing. In a memo also on 16 Nov. and citing Manguiat’s intelligence report, he ordered Ang’s "immediate transfer". He also defied his chief and the Rules of Court in directing that "said transfer must be carried out immediately even without the appropriate court order, thus the undersigned is taking the full responsibility and be answerable (sic) of the said decision."

Ang, meanwhile, is a disaster waiting to happen.

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Off the coast of Misamis, disaster already struck because of similar defiance of rules and reason. The sinking of the open barge carrying 600 tons of oil spill debris from Guimaras is the result of the cleanup task force ignoring Coast Guard warnings.

Capt. Luis Tuason Jr., Coast Guard commander for Western Visayas, had strongly objected to the use of open barges to move the sludge out of Guimaras. But the other agencies, including Petron Corp. whose rented tanker had spilled 2 million liters to begin with, thought they were smarter. The Maritime Industry Authority, in its hurry to entice barge owners into sending their vessels over, relaxed the rules on carrying hazardous cargo.

The Marina tried to wash its hands of responsibility for the decision soon afterwards. Instead of inspecting the seaworthiness of the barges, as its main work, it delegated the task to the Coast Guard.

And so the idiocy had to happen twice. Motor tanker M/T Solar sank in Aug. because the shipmaster insisted on sailing in very rough waters, with defective gear. The open barge Ras sank also in rough seas because the crew, emboldened by a Marina special permit, similarly sailed into a storm.

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Green gets a boost with the showing in SM Cinemas nationwide of the documentary, An Inconvenient Truth, on global warming. In it former US Vice President Al Gore presents catastrophes striking the world over due to drastic climate changes from man-made pollution. In the end the question hits viewers if they will do something about it – if not for themselves, then for future generations.

Tip: after watching it, check out the website www.climatecrisis.net. Then, see if you can bind yourself to do ten things to save the earth:

(1) Change a light. Replacing a regular light bulb with a compact fluorescent one will save 150 pounds of carbon dioxide a year.

(2) Drive less. Walk, bike, carpool or take mass transit more often. You save one pound of carbon dioxide for every mile you don’t drive.

(3) Recycle more. Save 2,400 pounds of carbon dioxide per year by recycling just half of your household waste.

(4) Check your tires. Keeping tires inflated properly can improve gas mileage by more than 3%. Every gallon of gasoline saved keeps 20 pounds of carbon dioxide out of the atmosphere.

(5) Use less hot water. It takes a lot of energy to heat water. Use less hot water by installing a low flow showerhead (320 pounds of CO2 saved per year) and washing clothes in cold or warm water (500 pounds saved).

(6) Avoid products with a lot of packaging. You can save 1,200 pounds of carbon dioxide if you cut down your garbage by 10%.

(7) Adjust your thermostat. Move your thermostat up just 2 degrees in summer (or 2 degrees down in winter). You could save 2,000 pounds of carbon dioxide a year with this simple adjustment.

(8) Plant a tree. A single tree will absorb one ton of carbon dioxide in its lifetime.

(9) Turn off electronic devices. Simply turning off your television, DVD player, stereo and computer when not in use will save thousands of pounds of CO2 a year.

(10) Spread the word. Tell your friends and family to watch An Inconvenient Truth.

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