Immunity from suit

Lawyer Romulo Makalintal, an election lawyer, rebutted the legal opinion of Justice Secretary Leila de Lima that Vice-President Jejomar Binay does not have immunity from criminal suits amid accusations of corruption when he was mayor of Makati, from 1986 to 2001, and from 2004 to 2010.

Makalintal explained that the Vice President is also accorded with immunity from suits, being an impeachable official.

Vice President Binay, just like the President, and all constitutional officials cannot be charged in Court under the normal procedure of trial.

But the Justice Secretary insisted that Binay does not have immunity from suit. “What many people don’t know is that only the State and the President are immune from suits. Being impeachable is a different thing. The other impeachable officials may be criminally charged. The criminal proceedings may proceed independently,” she said.

Contrary to what she is claiming, under the Constitution the following public officers may be impeached: The President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman. This list of officers is exclusive. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Makalintal said the immunity granted to the President is also a mere tradition and not provided in the law. This, he stressed, is because the Constitution has provided the process of impeachment, which is the only way the two top officials could be removed from office during their term.

But Makalintal conceded that VP Binay could still be the subject of an investigation as part of the impeachment process.

In a speech before Public Attorney’s Office (PAO) lawyers convention, VP Binay said he could only be impeached for acts he committed as vice president.

Speaker Sonny Belmonte has turned down suggestions that VP Binay be impeached, saying the House has other priorities.

Spoiled relief goods

Arnel Garcia, regional director of the Department of Social Welfare and Development (DSWD) in Bicol, has confirmed that spoiled goods in the DSWD sacks were distributed in several towns of Albay.

Expired canned goods, rotten rice, and expired noodles were among those found in packs distributed.

This has happened before in Tacloban. DSWD Secretary Dinky Soliman should spot check the goods delivered by suppliers.

Soliman announced an additional P500 million worth of relief goods as being procured for Albay.

No ‘daang matuwid’

A Pulse Asia survey reports that only 29 percent of respondents agreed that President Aquino is following his “daang matuwid” governance policy.

Thirty-six percent said he has not followed his own governance policy.

One reason for this plurality vote is the public dissatisfaction with President Aquino’s defense of top officials charged with plunder or graft.

This is the case of Department of Budget and Management Secretary Butch Abad, Agriculture Secretary Proceso Alcala, Agrarian Reform Secretary Virgilio delos Reyes, and Philippine National Police (PNP) Chief General Alan Purisima.

New cases of graft have surfaced, including the P330-million fertilization program of the Philippine Coconut Authority (PCA) and the Armed Forces of the Philippines (AFP) Medical Center where General Normando Santa Ana and three other ranking officials were relieved because of complaints of irregularities in the procurement of P80 million worth of medicines and medical supplies.

Presidential spokesman Secretary Edwin Lacierda refused to accept the Pulse Asia findings that 36 percent of the Filipinos believed that P-Noy had failed to deliver on his promise to lead the country towards “daang matuwid.”

Tidbits

The Department of Health (DOH) is considering a proposal to send a medical team to Ebola-hit countries in West Africa. With over 80 health workers dying from Ebola, this is not a good idea.

Privates First Class Mark Anthony Patdu and James Enale of Mountain Province-based 54th Infantry Battalion were dead in a half-hour clash with the New People’s Army (NPA) remnants in Ifugao. Wounded soldiers were PFCs Raffy Anungus and Jhonryl Discaya.

In an encounter with the government forces in Malita, Davao Occidental, NPA rebels Mark Bryle Garduque alias Bryan and an alias Daniel were killed while Marilyn Magpatoc and Ritchie Abrenica, known to have linked to the NPA’s extortion activities, were arrested.

Renante Bulatao, Jayson Jaime Legaspi, Marjorie “Nica” Ellazo, and a still unidentified woman companion were shot dead by four gunmen in Dasmariñas, Cavite. Investigators believed grudge over drugs and other illegal activities was the motive behind the attack which targeted a former police informer and one of the victims may have owed an illegal drug supplier some P250,000.

The unemployment rate in the United States has gone down to 5.9 percent. But analysts deplore the fact that wages are not going up.

President Aquino should seriously consider increasing the minimum wage, and also government employees and teachers’ salaries. Reducing taxes for middle-level taxpayers would also help stimulate the economy.

Ebola death toll has risen to 70 percent in West Africa, which is now at 4,447. It is expected to reach 5,000 to 10,000 per week by the first week of December, according to the United Nations.

Some 13.4 million children are living in poverty, according to the Philippine Institute for Development Studies (PIDS).

Our commendation goes to SM for hiring seniors ages 60 to 70.