Diliman Way

With Homobono A. Adaza

Treason is madness. It involves betrayal not only of country but many other things like – family, friends, and your humanity. This is one of the reasons why Herman Tiu Laurel and I filed the complaint for treason against President Benigno Simeon Aquino III (hereinafter referred to as PNoy not Balut) and some of his co-conspirators like then Senate President Franklin “S. Z. Sakal” Drilon and Speaker of the House Representatives Sonny Belmonte with the hope that they be punished for what they did – serving as examples for the rest of the country.

That was six years ago. The Ombudsman dismissed the complaint in seven days from the date of filing. Like one of the many useless and incompetent agencies of government – that office has been doing a Rip Van Winkle sleep on the motion for reconsideration for the past six years. If that is not uselessness and incompetence – I don’t know what is.

Fading hope: As the Ombudsman then was a retired justice of the Supreme Court, I thought there was hope of getting a fare shake from that office but the Ombudman retired without resolving the motion for reconsideration. That notwithstanding, we feel it best to share the case with the public so people will at least know the details – even without having to judge. 

Now, the Ombudsman is also a former justice of the Supreme Court Based on the treatment of the complaint by his former colleague, and he has been there for quite sometime – not resolving our motion for reconsideration, is a case of fading hope like the lifting of the early morning mist into limbo when the sun rises.

The case: The treason complaint against PNoy was triggered by three major events – the giving of five million (P5,000,000.00) pesos by PNoy to the Moro Islamic Liberation Front (MILF), through its Chairman,  Murad Ebrahim in Tokyo, Japan while the war between the government forces and those of the MILF was going on; the Mamasapano incident where forty four (44) members of the Philippine National Police (PNP)- Special Action Force (SAF) or the Special Weapons And Tactics (SWAT) team were annihilated  by the MILF forces while serving an arrest warrant to a foreign terrorist and his co-conspirator, and the passage into law of the Bangsamoro Basic Law (BBL).

So what if these events took place – Has President B. Aquino the III aka PNoy, idem sonans with the Bisayan word Pangoy (someone with a loose screw in the head) committed treason? 

The answer is a resounding – Yes. Has he any co-conspirators? – Yes, in the passage of the BBL and on his decisions on the Mamasapano incident. What is the law he has violated? – Article 114 of the Revised Penal Code.

Whys and wherefores: Article 114 of the Revised Penal so provides: “Art. 114.  Treason. – Any Filipino citizen who levies war against the Republic of the Philippines or adheres to her enemies, given them aid  or comfort within the Philippines or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed a 100,000 pesos….”

On the reason case against PNoy, the first question arises – Was the MILF waging a war against the Republic of the Philippines at the time the events mentioned in the complaint? The answer of course is an undeniable Yes – based on the facts on the ground showing military forces of both camps fighting and killing each other and the admissions of both the government and the MILF of the existence of a state of war between the contending parties.

The next question comes into view – Does giving money to the MILF by PNoy constitute treason under Article 114 of the Revised Penal Code? Of course, it does as it is giving aid or comfort to the enemy which is the MILF. When Pnoy gave Five Million (P5,000,000.00) Pesos, it gave the MILF money to buy food and medical supplies as well as arms and ammunition. Is that not giving aid and comfort to MILF – the enemy? The answer is as clear as day in a cloudless sky – unless you are blind.

The Mamasamsapano incident is another charge for treason against PNoy. Why? When the arrest warrant was served in the heartland of MILF territory, the PNP SWAT team asked for help as they were trapped by the MILF forces and many of them already died. While the operation was going and the SWAT team was asking for re-enforcement, PNoy was in Zamboanga City monitoring the operation and was informed about the cry for help and support by the SWAT team. 

Instead of ordering the military and police teams who were within spitting from the beleaguered unit, PNoy, and this a matter of record, told PNP and military command to stand down – meaning, not to give support and re-enforcement to the SWAT officers and men. As a result of lack of support and re-enforcement, forty-four (44) courageous officers and men of the SWAT team were totally annihilated.

Why? The incompetent and mentally disturbed PNoy issued the stand down order to please the MILF, the enemy, so as not to derail the peace negotiations with the MILF, so PNoy reasoned to defend his irrational, incompetent, none defensible and treason loaded decision. This is a similar decision of President Digong, PNoy’s Siamese twin, in allowing Communist China and his friend, corona virus President Xi Jin Ping, to invade and occupy the West Philippine Sea.

The passage of the Bangsamoro Basic Law is the third charge for treason against PNoy together with then Senate President Franklin “S.Z. Sakal” Drilon and House Speaker Sonny Belmonte who orchestrated in both chambers the passage of the BBL. Why? 

The law is unconstitutional as it violated constitutional provisions – on national territory under Article I, on equal protection clause under section 1 of Article III, on sovereignty under section 1 of Article II, on the oath of the President under section 5 of Article VII, section 4 of Article on social equality, section 10 of Article II since it will lead to social imbalance, section 12 of Article II on the sanctity of the family, section 20 of Article II which promotes an economy controlled by Filipinos, section 8 of Article III which prohibits the establishment of a religion, section 1 of Article IX which defines and denominates our country’s political subdivisions.

To sum up this flood of constitutional violations, BBL gives away Philippine territory, sovereignty, and jurisdiction over sizeable areas in Mindanao to the MILF. It is not for PNoy, Drilon and Belmonte to give away these to the MILF – an enemy of the State. They are wanton violations of the Constitution and a serious and intolerable act of treason.

The Supreme Court declared the agreement between President Gloria M. Arroyo and the MILF which embodied almost everything in the BBL unconstitutional but despite the nullification of the agreement, PNoy and his associates continued his agreement with the MILF for the passage of the BBL.

Ombudsman:  Like many useless and incompetent offices of government, then and now, the Ombudsman dismissed the complaint on the claim that the President is immune from suit. What does this mean? A suit is a court case. Under current antediluvian jurisprudence, a President cannot be sued in court while in office. But the Ombudsman is not a court. The complaint is not a suit – it is just for investigation of PNoy while still in office so that if the Ombudsman finds a probable cause for treason against PNoy and his co-conspirators, the case will be filed before the Sandigan Bayan when PNoy is out of office.

There is no law which prohibits an incumbent President to be investigated by the Ombudsman. On the other hand, section 13 (1) of Article X1 of the Constitution categorically defines, the duties of the Obudsman, thus: “Section 13. The Office of the Ombudsman shall have the following functions, powers and duties: (1) Investigate on its own or on complaint by any person, any act or omission of any public official…” (Bold letters supplied.)

This constitutional provision does not provide for any exception. The provision is written in simple English. It is clear. While it is a doctrine in this jurisdiction that the President is immune from suit while in office, it does not preclude the Ombudsman from conducting an investigation since there is a complaint. This is a constitutional order. Failure to obey such constitutional mandate is violation of the Constitution and our criminal laws.  

PNoy is no longer President. He ceased to be President more than four years ago. Why has this Ombudsm as well as his predecessors not ruled on the motion for reconsideration filed six years ago? Something is visibly wrong here. Something is wrong with the Ombudsman – either the office is incompetent or political consideration has become the basis for the office to sleep on the motion for reconsideration Whatever is the reason, the persons occupying the office will be held accountable when a competent President is elected into office in 2022.

The lineage: The history of PNoy’s family has undeniable record of betrayal. His grandfather, Benigno Aquino, Sr. served as the Speaker of the National Assembly in the Japanese sponsored government during the Japanese occupation; his father, Senator Benigno “Ninoy” Aquino, Jr., delivered a privilege speech in the Senate against the Philippine plan to recapture Sabah and in the miting de avance of the Liberal Party on August 21, 1971 at Plaza Miranda in Manila of which he was the Secretary General , he delayed his arrival at the rally as he had information that the site will be bombed. 

Despite his knowledge of the information, he did not inform his fellow LP leaders, many of whom were his rivals for the presidential nomination. A number of people died and probable LP presidential nominees like Senators Gerardo “Gerry” Roxas and Jovito “Jovy” Salonga were severely wounded.

His mother, President Corazon “Cory” Aquino reneged on her promise to then vice-presidential candidate Salvador “Doy” UNIDO that she would only be a ceremonial President and Vice-President Laurel would be Prime Minister to govern the country with his Cabinet. Not only that – she abolished the Parliament whose courageous Opposition members paved the way for the Edsa upheaval. So it is no surprise to me that PNoy committed acts of treason against the country.

Emerging scenario: If the right President will be elected in the 2022 elections who is a no nonsense leader determined to change the face of the country, it is not unlikely that the Siamese twins, President Digong and PNoy, will be prosecuted, convicted and sentenced for treason to enjoy the rest of their lives together in a cell somewhere to reminisce about their colorful lives – complete with reminiscences about beautiful women, rape, murder, betrayal, and meanderings with the gentle winds of silahis.   

Considering the current Philippine environment, is this scenario probable? This question reminds me of a movie I viewed many decades ago which starred Robert Mitchum – Only Heaven Knows, Mr. Allison. Yes, indeed, only Heaven knows whether this scenario will come to pass. But as they say, dreams never die – only dreamers gracefully fade away into the entrancing glow of sunset. HAA

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