JOIN CRUSADE TO CHANGE JUSTICE SYSTEM IN RP

WE seek to establish a can easily be intimidated
justice system whereby it
is the people themselves
who exercise the power to
say who must be arrested
and brought to trial and
who exercise the power to
judge if those brought to
trial are guilty or not.
The power to say who
should be tried in court
is now exercised by the
prosecutors in the Philip-
pines. So that if the one
being accused of rape,
murder or corruption is
influential, which is most
likely, the prosecutors
up or he will be jailed un-
or bought. BUT if we put til they agree to speak up
this power in the hands of by the power of contempt;
a Grand Jury, usually com- law enforcers will be com-
posing 23 persons selected pelled to gather evidence or
by raffle from a voters’ list they will be held in jail in
and whose names and faces contempt until they agree to
are kept secret, we are fore- work as detectives.
closing any opportunity for Now, the power to say
the influential crime doer to whether an accused is guilty
use his power, money and or not is exercised by one
influence. The role of the judge in the Philippines;
fiscal shall be limited to the may be of a regional trial
presentation of evidence court or a municipal trial
in court. The Grand Jury court. As we know or hear,
is vested with the power the powerful and rich ac-
to compel intimidated or cused can easily influence
bought witnesses to speak or buy decisions. BUT if
we place this power in the
hands of a Trial Jury, a group
of 12 ordinary persons cho-
sen at random from the vot-
ers’ list and whose faces
and names are kept secret,
we are also foreclosing any
opportunity for the decision
to be bought or influenced.
Here, ordinary persons are
tasked only to know what
is true and what is false; the
application of laws shall be
the duty of the judge who is
learned in law.
The fact that we are
foreclosing opportunities
for tampering with justice,
we are sure that the abusive
and corrupt shall learn to
toe the line and observe the
rule of law.
The vision here is we see
everybody to be
“PATAS SA BATAS.”
With jury, all laws can
now be implemented. If we
have laws against discrimi-
nation by one tribe against
another, or by Christians
against Muslims, or by the
rich against the poor, we can
say that rebellions (by NPA
and MILF) will die because
the root that is discrimina-
tion is being attacked by the
Jury System.
With all corruption
laws assured of imple-
mentation, the usually
corrupt officials will be
compelled to stop steal-
ing people’s money. The
swindlers will stop be-
cause they know the long
arm of the law will surely
reach them.
Businessmen will deal
fairly with the consum-
ers because the assurance
of implementation of the
laws keeps them at bay.
Sign up at http://
philjury.ning.com.

The Rise of American “The Dream”

Jackie Rice Juries lives on
  Vol. I No. 32 • ISSN 2094-4098 Jan. 18-24, 2010
6 
Ø  5 
Ø  8
Ø 

ARE YOU
HONEST,
MANNY VILLAR?
By RONALD B. HERICO
INHUMANE ACT -- A boy sits helplessly on the rubble of their house demolished by a team from
the Department of Public Works and Highways (DPWH) that tore down their shanties along R-10 in
Navotas City. The demolition was done to give way to a road-widening project.
PHOTO BY: NICK GALINO
LOOK at this equation: MAN + EVIL + LIAR = MAN-
EVILLIAR.
This is just a playful gist by some who look at Senator Privileged Spits By TOTO C. CAUSING
Manny Villar as a dangerous proposition for the presidency

DECRIMINALIZE LIBEL!
of the Philippines.
Wait. Does this have any meaning at all that this naugh-
ty equation came about?
If only to some extent, this equation must have some
truths behind it.
Consider these: (NOTE: The editor-in- where the rule is majority of tion in Section 7, Article III of press than serve the ego and
First, Manny Villar has enormous amount of money that chief decides to publish this the people and power begins the Constitution that they rati- pride of few individuals who
he is listed by the reputable Forbes magazine as No. 9 rich- dissertation he wrote for the from the people. If there is fied, which provision says: claim to have been shamed
est Filipino; National Press Club posi- a conflict of interest between “Section 7. The right of by the press.
Second, Manny Villar has been accused of proposing a tion submitted before the the State and the majority of the people to information on Thus, NPC cannot accept
redesign of C-5 South Extension road project that would Senate. Some modifications the people, the latter shall pre- matters of public concern the making of the act of pub-
zigzag his numerous subdivisions and compel the govern- were made by the author.) vail. shall be recognized. Access to lishing, regardless of nature
ment to construct good access roads for these subdivisions In other words, any law official records, and to docu- and character, a crime.
and force the government to buy lands from him in order to NATIONAL Press Club passed by the Congress con- ments and papers pertaining And the fact it is now a
construct the eight-lane highway; and (NPC) and almost all the stituted by the representatives to official acts, transactions, crime, even if the imposed
Third, Manny Villar refused to confront his accusers journalists in the country of the people should be one or decisions, as well as to gov- penalty would only be fine,
and the accusations against him. want no less than a decrimi- that benefits the majority of ernment research data used as still there is the collateral
If one takes cool cash from the treasury of the govern- nalized libel. Even if keeping the people. basis for policy development, civil damages arising from
ment it is plain and simple stealing. That is theft! it as a crime and punishing And if the majority of the shall be afforded the citizen, the crime itself. This is in
But if one who has the power to approve a project pro- only with pushups or small people demands information subject to such limitations as consonance with the real-
poses a project that would compel the government to buy fines is not acceptable. that can be given largely by may be provided by law.” ity that for every criminal
lots from him in overly overpriced amounts, is this more The fact that it is desig- means of the exercise of the Since the works of jour- act there is a corresponding
moral than plain and simple theft? nated as a crime is disgust- liberty of the press, there is no nalists are for the benefit of civil liability.
ing. It is not consistent with point then to put a hindrance the people, in whose hands
The Villar way the tenets of any democ- to the practice of journalism. the sovereign will as to what The Reasons
racy. All publications of the me- would be the future of the for the Position
In the case of Villar, he as a senator and his wife Cyn- The Philippines is a dem- dia benefit the people more in State is vested, there is a
To page 2 ocratic and republican State compliance with their declara- stronger argument to free the To page 2
 2       Jan. 18-24, 2010
ARE YOU HONEST, MANNY VILLAR?
From page 1
thia as the congresswoman
representing Las Piñas City
proposed the construction
of the Las Piñas-Parañaque
Link Road as part of the
new design of C-5 South
Extension project.
As it turned out, this par-
ticular portion of the new
C-5 was to pass through the
lands owned by the corpo-
rations owned or controlled
by Villar.
These subdivision lands
already existed in the hands
of Villar even before the
said link road was pro-
posed.
So that when the new
C-5 design was approved,
BATH TIME -- It takes 5 men to lift this Albino Python to take him for a bath. The Malabon Zoo and
Aquatic personnel do this periodically not only to this python but to all other animals in their keep
to make them cool and away from danger the hot weather may bring. PHOTO BY: NICK GALINO
DECRIMINALIZE LIBEL!
From page 1
A. Article III, Section 4
does not provide exception
First, our Constitution pro-
vides no exception to warrant
intervention or infringement
in the exercise of the liberty
of expression, of speech, and
of the press.
Let us ask: Is it not ironic
that while other countries such
as the United States of Amer-
ica see no evil in libel for it to
stay a crime, the Philippines
looks at it with disfavor?
This irony is incompre-
hensible considering that both
the USA and the Philippines
have almost the same provi-
sion concerning freedom of
expression, of speech and of
the press.
The First Amendment of
the US says: “Congress shall
make no law … abridging the
freedom of expression…”
The Philippines’s Article
III, Section 4 says: “No law
shall be passed abridging the
freedom of expression, of
speech, and of the press…”
Given this constitutional
rule, why is it that there is
still libel as a crime that can
be used to punish journalists,
considering that it clearly
abridges the freedom and
keeps an ever-present “chill-
ing effect” that creeps into the
mind of every journalist?
the spouses worked their
way out to ensure that it
was implemented.
They did this by using
almost all of their Prior-
ity Development Assistance
Fund (PDAF) and other
allocations. A senator or a
congressman has the final
say as to where to spend
their PDAF or the so-called
“pork barrel” and other
funds inserted in some other
items but for the concerned
senator or congressman to
decide where and how to
spend.
So that the record of the
Department of Budget and
Management (DBM) stating
how Villar spent his alloca-
Despite this libel, the State
should be thankful. Press in
the Philippines still appears
to be free. But it is because
of the devil-may-care atti-
tude and the insistence of the
Filipino journalists to be free,
come what may.
However, this character of
Filipino journalists should not
be an excuse for the State not
to act to remove the chilling
effect of the lurking warrant
of arrest and too prejudicial
trial.
And to decide to take this
off belongs to the wisdom of
the lawmakers. Thus, it is
still the lawmakers, not the
courts, who can have a final
say whether the said constitu-
tional dictum must indeed be
given an absolute or qualified
meaning.
If in the US there is no
criminal law but only civil
damages for libel and it has
proven to be the strongest
government in the world, can
we now argue against their
success?
The Soviet was bigger
than the US, but the govern-
ment’s policy of suppression
of expression proved to be
telling that it crumbled over-
night and the states that broke
out in the process had to go
back to square one.
Concededly, the Philippine
Supreme Court has repeatedly
tions showed that almost all
his pork barrel funds as a
senator were heavily spent
for buying his own lands
for this new C-5 road and
for the construction of the
eight-lane pavement.
The lands bought from
Villar-owned or -controlled
corporations were paid with
these pork barrel funds at
P13,300 per square meter.
The one bought from
Masaito Development
Corporation was priced at
P30,000 per square meter,
turning out in the end that it
was a corporation of Villar
that received the payment
for Masaito because his
firm had a land-swap deal
pronounced that although the
tenor of the constitutional
provision is very clear, it says
that it shall not be interpreted
to mean absolute freedom.
This stand of the High Tribu-
nal does not sit well with the
NPC and the journalists.
That is, although there
has been no real challenge
brought before the court to
attack the constitutionality of
libel law.
With the current schools of
thought gripping the minds of
the legislators and the courts
to doggedly argue for quali-
fied liberty of the press by
highlighting the necessity of
subsequent punishment like
libel law, the NPC can only
hope and beg.
And now it begs: Please
give decriminalized libel a
chance.
B. “Clear and Present
Danger Rule”
Clearly Favors Decrimi-
nalization
Concededly also, a survey
of the Court decisions on libel
cases shows leniency to laws
that merely apply after the exer-
cise of press freedom is done.
Like libel, it only comes
in after the publication of the
subject of the action. This at-
titude is detestable to the NPC
and the journalists.
with Masaito.
Those lands owned by
other persons were bought
for the new C-5 design at
prices as low as P1,600
per square meter. That is,
although they are located
in the same vicinity as the
location of Villar-owned
lands. The highest price
paid for lands not owned
by Villar was P4,000 per
square meter.
If these were the prices
for the lands not owned or
controlled by Villar, these
should have been the justi-
fied or reasonable prices.
And all the excess amounts
are deemed to have been
stolen by Villar.
Before expounding on this
matter, let it be learned there
are four aspects of the liberty
of the press:
(a) the freedom from prior
restraint;
(b) the freedom from sub-
sequent punishment;
(c) the freedom to gather
information; and
(d) the freedom to circu-
late, publish or broadcast.
Libel, like inciting to sedi-
tion or inciting to rebellion,
involves freedom of expres-
sion. The Philippine standard
to date on press freedom is that
it is alright to interfere by way
of a subsequent punishment.
Mere substantive government
interest has been advanced to
be enough to justify this act.
That is, although this does not
sit well with NPC.
When it comes to the other
aspects of this liberty, the Su-
preme Court is very strict.
In the recent “Hello Garci”
case law, the majority ruled
that the strictest standard of
“clear and present danger
test” must be the basis to
justify government interven-
tion—even if the threat was
supposed to be expressed in
the form of a press release and
not through a memorandum
circular.
The Court said that the
press release brought forth
To page 3
The same thing must
have happened with Daang
Hari eight-lane highway
that straddles from Laguna
to Cavite, passing through
Muntinlupa and Las Piñas
Cities. This project zigzags
through at least 24 sub-
divisions identified to be
belonging to Villar compa-
nies.
Challenged by Villar,
Ted Failon of ABS-CBN
investigated on Daang Hari
and he discovered that in-
stead of a straight line
highway, the said road was
made to pass through circu-
itous route in order to serve
24 subdivisions of Villar—
to repeat, TWENTY FOUR
subdivisions.
These 24 subdivisions
are: (1) Lessandra Bacoor;
(2) Siennas Villas; (3) Mer-
ida; (4) Fronterra; (5) Ca-
mella Molino; (6) Lessan-
dra Molino; (7) Lessandra
Bucandala; (8) Bella Vista;
(9) Tierra Nevada; (10)
Pristina; (11) Terasa; (12)
Lessandra Imus; (13) Cer-
ritos 1; (14) Cerritos Trails;
(15) Cerritos Heights; (16)
Lessandra Heights; (17) Co-
lina; (18) Portofino Heights;
(19) Portofino South; (20)
Ponticelli of Crown Asia;
(21) Springville; (22) Cas-
sandra; (23) Amalfi; and
(24) Crown Asia.
These two projects—
C-5 Extension and Daang
Hari—no doubt increased
to staggering height the
prices of the subdivisions
along C-5 South Extension
and Daang Hari Road as a
result of the consequential
benefits derived out of good
highways.
Thus, other than profit-
ing from unreasonably high
prices paid by the govern-
ment to Villar for the lands
used for the construction of
these highways, Villar also
profited enormously from
the higher prices of his sub-
division lands.
VIllar’s ‘official’ net asset
increasing
Looking at the State-
ments of Assets, Liabilities
and Net worth (SALN) of
Senator Manny Villar, from
1998 when he ran and won
the post of Speaker in the
House of Representatives,
you can immediately see
his personal wealth rising
MAGDIWANG
PUBLICATIONS
Publisher:
RONALDO E. RENTA
Editorial:
TOTO CAUSING
Editor-In-Chief Associate Editor
Disclaimer: 
  All news articles and opinions expressed by the writers are entirely
their own and do not reflect the opinion of the publisher, the manage-
ment or the editor of this publication.
All Rights Reserved:
  No part of this publication may be copied or reproduced nor trans-
lated in any language or form for commercial purposes without prior
written permission from the publisher and its writers or columnists.
from what he listed as 328
million pesos.
This personal wealth did
not include the amount of
property, money or other-
wise, individually listed in
the names of his corpora-
tions.
But what is also striking
in his SALN is that he did
not have any debts.
In 1998, Villar did not
report how much real prop-
erty (lands and buildings)
or money and other per-
sonal property that included
jewelry and cars, but he
listed he had a total wealth
of P328,691,549.19.
In 1999, Villar reported
only a total net worth of
P328,930,006.19.
In 2000, Villar re-
ported a net worth of
P330,015,855.19.
In 2001, Villar re-
ported a net worth of
P405,517,749.00 with
cash and other personal
property amounting to
P400,922,930.00.
In 2002, Villar, this time
as a Senate chairman of
the committee on finance,
reported a net worth of
P481,590,874.00 with cash
and other personal property
of P475,706,055.00.
In 2003, Villar re-
ported a net worth of
P531,225,348.00 with cash
and other personal property
worth P526,636,729.00.
In 2004, Villar re-
ported a net worth of
P625,342,446.00 with cash
and other personal property
worth P620,753,827.00.
In 2005, Villar re-
ported a net worth of
P759,825,335.00 with cash
and other personal property
worth P755,236,716.00.
In 2006, Villar re-
ported a net worth of
P915,651,584.00 with cash
and other personal property
worth P911,062,965.00.
In 2007, Villar re-
ported a net worth of
P1,041,383,946.00, with
cash on hand of over One
Billion Pesos.
In 2008, Villar re-
ported a net worth of
P1,046,651,683.00 with
cash on hand and per-
sonal property worth
P1,027,133,151.00.
The dates of the ap-
proval of the new design of
C-5 extension project, the
To page 3
RONALD B. HERICO
  Jan. 18-24, 2010 3               

ARE YOU HONEST,

(10) years.

Gilbert Teodoro

Gilbert Teodoro, the Sec-

construction and payments
of rights of way thereof,
the construction and right-
of-way payments of Daang
Hari coincided with the
periods of the increase of
enormous wealth of Villar.
His SALN for 2009 has
been not available. This
was due to the difficulty
caused by the recent memo-
randum issued by Ombuds-
woman Merceditas Gutierr-
ez restricting the issuance of
SALN of public officials.
No. 11 richest Filipino in
Forbes’ list for 2008
However, the reported
net worth of Villar does not
match the findings of Forbes
magazine that Villar is No.
11 richest Filipino in 2008
with a net worth of 425 mil-
lion dollars in United States
of America money.
If Forbes is reputable and
its report is to be accepted
as the truth, the equivalent
net money of Villar in 2008
should be 19.125 Billion
Pesos at 45 pesos to one
dollar.
In the year 2009, Forbes
reported that Villar rose to
become No. 9 richest Filipi-
no with a net worth of 530
million dollars.
In pesos, this is a stag-
gering 23.850 Billion Pe-
sos.
Where the hell did Man-
ny Villar get this amount of
wealth?
Which is true: SALN or
Forbes?
And if Villar only report-
ed more than one billion pe-
sos for 2008 in his SALN,
MANNY VILLAR?
From page 2
did Manny Villar tell the
truth in that document sub-
mitted to the Senate of the
Philippines?
So far, Manny Villar has
not explained this.
Whatever would be his
justifications, it has been
said that his corporations
have been accused of grab-
bing lands and that he has
taken advantage of his po-
sition of influence that he
has succeeded in taking out
loans from SSS, GSIS, Pag-
Ibig and Bangko Sentral ng
Pilipinas through Capitol
Bank, which was owned by
him and his wife.
In 1998, then congress-
man Joker Arroyo delivered
a searing privileged speech
against Villar when the latter
ran for the post of Speaker
at the start of the presidency
of Joseph Estrada.
In the said privileged
speech, Joker accused Vil-
lar of using machinations
and influence to take out
loans by the billions of pe-
sos from SSS, GSIS and
Pag-Ibig.
Joker also disclosed in
that speech that Villar made
his realty corporations bor-
row billions of pesos of
money from his own bank.
This is a violation of the
Corporation Code that pro-
hibits banks from lending to
its owners, stockholders, of-
ficers and related interests.
These are the so-called
“DOSRI loans.”
In other cases, Villar
used his Manuela Corpo-
ration that has a shopping
mall at the corner of Shaw
Blvd and EDSA in taking
out loans of 3 billion pesos
from SSS and GSIS during
the time of President Ra-
mos.
The other charge of Jok-
er against Villar was that
while the Comprehensive
Agrarian Reform Program
(CARP) was being under-
taken in obedience to a con-
stitutional mandate, Villar’s
companies have developed
5,950 hectares or almost
60,000,000 square meters
of agrarian lands into resi-
dential subdivisions without
appropriate DAR authoriza-
tions.
“Just to give you an idea
about how big 60,000,000
square meters is—my con-
stituency of Makati is only
one-third of that size... Las
Piñas which is the con-
stituency of Speaker Vil-
lar is roughly 41,000,000
square meters. If you add
the entire area of Las Pi-
ñas and Makati, that is the
residential subdivisions
covered by the companies
of Speaker Villar,” Joker
explained.
Political ads
In the last three months
alone, Villar’s political ads
jacked up to billions of pe-
sos while the other presi-
dential candidates were
nowhere near in terms of
money spent on media cov-
erage.
Villar even tapped the
Internet advertisement
expenses: from Yahoo to
Google sites to pop-ups on
almost every social net-
work, including FACE-
BOOK.
These ads really helped
Villar in boosting his po-
litical campaign. He was
able to catch up in terms
of surveys with frontrunner
Noynoy Aquino.
A 30-second primetime
ad slot would cost around
P400,000 not to mention
the fees to be paid for act-
ing and producing adver-
tisements.
Wealth of three other
‘presidentiables’ no match
The net assets declared
by Senator Noynoy Aquino,
Senator Richard Gordon
and former Defense Secre-
tary Gilberto Teodoro are
no match to the wealth of
Villar.
The wealth of the three
stayed almost flat for ten
retary of National Defense
when he announced his in-
tention to run for President,
was appointed in August
2007 at the age of 43 to be-
come the youngest person
to ever hold the position.
Teodoro’s wealth rose
slowly from P80,165,731.82
in 1998 up to P102,992,890
in 2006.
There was no disclosure
of his real and personal
properties during the years
1998-2001 and 2004-2008.
Richard Gordon
Gordon, who won as
senator under Gloria Maca-
pagal Arroyo’s K4 ticket in
2004, listed his wealth in
2004 with a net worth of P2-
4-M. It slightly increased by
P2.5-M in 2007. There was
no disclosure of his SSALN
in 1998-2003.
Noynoy Aquino
Noynoy, who was seri-
ously wounded by rebel
soldiers in a failed coup at-
tempt during his mother’s
presidency and who did
not hold any office during
that term, was elected to
the House of Representa-
tives as Representative of
the 2nd district of Tarlac for
three straight terms.
He ran for the Senate in
the May 14, 2007 midterm
elections under the Genuine
Opposition (GO) ticket.
His net worth in 1998
stated P8.7-M and after 10
years it rose to P13.9-M.

From page 2
DECRIMINALIZE LIBEL!
a “chilling effect” because
it came under the circum-
stances when the focal issues
of the press releases were
Hello Garci tapes that alleg-
edly contain the conversation
between the President and a
Comelec official, and that the
officials releasing the press
release were appointed by the
Chief Executive such that they
were expected to make good
the threat just to serve Gloria
Macapagal Arroyo’s pleasure,
the only material qualifica-
tions to keep their office.
Despite the controversy
brought about by the Hello
Garci tapes that it even nearly
sparked a regime change, the
Court said there was no clear
and present danger to the ex-
istence of the state and of the
government to allow the NTC
and the DOJ to issue such
press releases.
The Court clarified that
the same “clear and present
danger test” applies on both
the broadcast and print media
when it comes to the issue of
whether the interference is
valid to pierce the no-prior-
restraint veil.
Now, we may ask: is it
possible for a “clear and pres-
ent danger” to ever occur in
libel per se as defined by Ar-
ticle 355 of the Revised Penal
Code?
Clearly it is not.
The only possibility where
“clear and present danger”
may occur is in the cases of
libel directed against the gov-
ernment. But it is not defined
in our criminal statute as libel,
but as seditious libel, incit-
ing to sedition, or inciting to
rebellion. This is called in
its generic name as “political
libel” because they affect the
very foundation of the body
politic, or the government, al-
though not necessarily of the
state.
But look, there has never
been a case of seditious libel,
inciting to sedition or incit-
ing to rebellion filed against a
journalist. And if ever there is
one, this should set apart from
the pure libel: that is a pub-
lished defamation against the
person and honor of a public
official, a public figure and a
private citizen as defined un-
der Article 355 of the Revised
Penal Code.
Since there is no “clear
and present danger” to speak
of in pure libel, it behooves
upon the Congress to strike
out Article 355 of the Revised
Penal Code and the accompa-
nying articles starting from
Article 353.
Ergo, it is very clear that
the application of the “clear
and present danger rule” fa-
vors the decriminalization of
libel.
C. “Balancing of Interest
Test”
Also Clearly Favors De-
criminalization
Let us look at the balanc-
ing of interest test.
Let us have it in our mind
that the only justification why
a State would make an act a
crime is because it is an of-
fense against the existence
of the State—and NOT the
existence of one official so
libeled.
Talking about libel per se
that is one of defaming a per-
son, it can never be an offense
against the existence of the
State, or against the existence
of the government.
And talking about the
State’s interest, there is no
other in this case except for
the interest to protect every
citizen’s honor in order for
their mind to live in peace in
return for the taxes he pays.
But contrary to this inter-
est, there are three State inter-
ests that should stand in the
way.
The State of the Philip-
pines has these interests: (a)
to look good before the inter-
national community that it is
a state that does not repress
expression and press; (b) to
keep the state strong; and (c)
to comply in good faith, as a
state party, with the Universal
Declarations of Human Rights
that calls for respect to liberty
of expression in all states as
spelled out under Article 19
thereof.
If one state has the bad
reputation of mangling free
press or free expression to the
point of necessarily impris-
oning and killing journalists,
it will face the risk of con-
demnation and embargo from
other states.
If one state suppresses
freedom of expression and the
press, the people will be left
with no recourse to express
their sentiments but through
the barrel of the gun! And if
the people will resort to armed
rebellion because it is prohib-
ited to speak, the state will
be in disarray and in danger
of disintegration and anarchy
and the state will collapse.
If the State of the Philip-
pines will no make free ex-
pression and press freedom
free, it will violate the said ar-
ticle of the Universal Declara-
tion of Human Rights signed
by the Philippines and entered
into force on December 10,
1948.
This Universal Declaration
of Human Rights reads:
“Article 19. Everyone has
the right to freedom of opin-
ion and expression; this right
includes freedom to hold opin-
ions without interference and
to seek, receive and impart
information and ideas through
any media and regardless of
frontiers.”
For sure, most of us if not
all will agree that these inter-
ests of the State itself are more
than enough to tip the balance
against its interest to protect
its citizen’s honor.
After all, the interest of
protecting the individual citi-
zen’s honor can be remedied
by a civil action for punitive
damages that is in place under
the Civil Code under the gen-
eral law on damages.
Now, let us pit this interest
to protect the citizens against
the interests served by the
publication of defamatory im-
putations.
In cases where the defama-
tory imputations published are
directed against a particular
or group of public officials,
To page 4
[Editor’s Note: This was written by Toto Causing in re-
sponse to the argument of the lawyer of Senator Manny Vil-
lar that Manila-Cavite Toll Expressway Project (MCTEP)
and C-5 Extension Project, where he is being accused of
making a killing, are different from each other. This argu-
ment was posted by a blogger named “unlighted side” on
the website: http://do-not-vote.ning.com]
Hello unlighted side,
To begin with, let me tell you that in corruption there is
only one side: THE BAD SIDE.
And to sum up the defense put up by Villar’s lawyer
contending that MCTEP and C-5 Extension Project are two
separate things, it is a vain attempt to cover up the real
story and to confuse the mind of the people to hide the
EVIL MIND’s scheme.
Now, let me inform you that there was already a private
contractor: UEM-MARA Philippines, a consortium of Ma-
laysian investors with Filipino counterparts. UEM-MARA
had actually started the project by constructing the pave-
ment. But when it found out the construction of the NEW
C-5 DESIGN caused by Villar, it stopped and withdrew
from the project. Worse, the decision to stop came at a
time when it had already spent for the pavement they con-
structed. Now, is this fair to UEM-MARA Phils. that the
government would in fact kill their investments? How will
it get back their investments?
What made UEM-MARA to back out is that they real-
ized there was this NEW C-5 being constructed also ad-
jacent to MCTEP. Their logic is simple: WHO AMONG
THE MOTORISTS COMING FROM SLEX OR C-5 POR-
TION IN TAGUIG WHO WILL USE THEIR ROADS
FOR A FEE when their is exactly this NEW C-5 running
adjacent that is as good yet FOR FREE?
This explains the reason why no contractor would come
in place of the one that backed out.
Remember that the NEW DESIGN OF C-5 EXTEN-
SION PROJECT was approved to start from South Luzon
Expressway (SLEX) and to run in parallel and adjacent with
To page 4
 4       Jan. 18-24, 2010
Privileged
Spits
From page 3
the interest of the press is
obvious: to serve a social
and moral duty to inform
the public about ineptitude,
moral or otherwise, under
the constitutional doctrine
that says, “Public Office is a
Public Trust.”
On public officials, im-
putations normally consist
in the poor performance of
official functions. There is
no problem with this, it be-
ing immediately discernable
as qualifiedly privileged
under subparagraph 2 of
Article 354 of the Revised
Penal Code.
But some attacks go into
the very “private life” of a
public official.
Among these “private
life” acts of public officials
are keeping a mistress, be-
ing a drug addict, being a
gay having a macho man,
being a married woman
having a paramour, adultery,
concubinage, bigamy, being
a gambling addict as he or
she is found always in the
casinos, among others.
These officials should
not be allowed to invoke
“private life” because more
than academic and experi-
ence resume, moral fitness
is the top most quality that
must be the basis of appoint-
ment to public office.
There is no need to argue
that a corrupt private life af-
fects the performance of an
official function. A govern-
ment official hiding a cor-
rupt private life will surely
resort to corruption to sus-
tain his or her vices.
Thus, the interest of the
media in exposing these cor-
rupt private lives of govern-
ment official is obvious: to
serve the legal, moral and
social duty to the country
and people.
Thus, the three interests
From page 3
the ORIGINAL C-5 EX-
TENSION PROJECT for
three kilometers along Mer-
ville or so before it veers to
the right to run adjacent to
Bro. Mike Velarde’s Mul-
tinational Village for also
three kilometers or so. After
running aside with Multina-
tional Village, the NEW C-5
DESIGN veers back, to the
left, to form an “S” curve
running through Villar’s
subdivision and the last leg
of the “S” curve passing
through Velarde’s village.
From the edge of the “S”
curve, the NEW C-5 DE-
SIGN runs straight down
south, but this time OVER-
LAPPING THE OLD C-5
DESIGN for about 200 me-
ters until it reaches SUCAT
ROAD (A. Santos Ave.) in
By TOTO C. CAUSING
of the Philippine state far out-
weigh any interest in protect-
ing the honors of citizens or
officials having corrupt pri-
vate lives.
On public figures notori-
ously or pervasively known to
the public, defamatory impu-
tations vary within a very wide
range of issues. As a popular
figure, one has the moral obli-
gation to act decently because
he or she is being idolized by
a considerable part of the pub-
lic, that there are even some
who would duplicate what-
ever their idols do in a blind
obedience to somebody being
admired so much.
Thus, the interest of the
media in exposing those cor-
rupt acts of public figures,
which happen most often
among writers on movies and
entertainment, is also to serve
the interest of legal, moral
and social duty to inform the
public. Like that of public of-
ficials, the ultimate benefit of
the public is a lesson learned
that the acts of the said per-
sons must not be replicated.
Thus, it is clear that the
interest of the state for the
media in cases of defamatory
imputations against public
figures far outweighs the in-
terest of the state in protecting
the honor of these persons,
who, in the first place, do not
deserve protection for volun-
tarily doing immoral or cor-
rupt acts.
On private persons who
are taken as public figures by
reason of voluntary act of stir-
ring or joining a controversy,
the interest of the media in
exposing or criticizing him
or her is no less noble than
that in defamatory imputa-
tions against public officials
or public figures.
Examples of these kinds of
persons are those who com-
mit crimes that they can be
deemed to have voluntarily
put themselves into a lime-
Parañaque. From that inter-
section of Sucat, the NEW
C-5 DESIGN went down
further to the south as the
so-called “Las Piñas-Para-
ñaque Link Road,” passing
through Pulang Lupa where
Crown Asia of Villar holds
forth. Upon the other hand,
THE OLD C-5 DESIGN
went from Sucat Road to the
right, forming a 90% angle
from the said Link Road, to
connect to the Coastal Road
in Binakayan where you can
see the Fisherman’s Wharf
beside the bridge. Then from
the end of the Link Road, the
new C-5 Design connected
to Molino Road in Cavite to
form the so-called Molino
Extension Road connecting
to Aguinaldo Highway right
where you can see the St.
Dominic Hospital and Tropi-
DECRIMINALIZE LIBEL!
light. A private person who
voluntarily joined an ongo-
ing controversy like Jun Lo-
zada, the star witness in the
NBN-ZTE scandal, cannot
complain if his honor is being
assaulted.
A private person who com-
mits murder cannot complain
if the crime itself is discussed
before the bar of public opin-
ion. A private person who
engaged in illicit activities
cannot complain if the de-
famatory imputations told the
public consisted in those il-
licit acts.
Defamatory imputations
against these types of persons
are qualifiedly privileged if
the ascriptions are limited or
connected to the matters with-
in the limited range of issues.
On purely private persons,
the defamatory imputations
may be unjustified and there
is virtually a zero interest for
media on this matter. How-
ever, the interests alone of the
state to implement the Uni-
versal Declaration of Human
Rights and to look good be-
fore the international commu-
nity are more than enough to
balance the State’s interest in
protecting the honor of these
kinds of persons.
After all, the state interest
in protecting the honor of its
citizens is served by giving
the people the right to seek
punitive damages on top of
moral damage awards, actual
damages proximately caused
by the defamations and attor-
ney’s fees.
Ergo, it is very clear that
even under the “Balancing of
Interest Test”, which is less
strict than the “clear and pres-
ent danger rule,” the interest
of decriminalization of libel
far stands out.
D. Libel as a Criminal
Law
Fails Against Substantial
Due Process Test
It is unfortunate that for
cal Hut.
So that, the question that
Villar has not answered up to
today: ASSUMING THAT
THE OLD C-5 DESIGN or
the so-called “MCTEP” is
different from the NEW C-5
DESIGN,will proceeding with
the OLD C-5 DESIGN still
economically viable, when the
government, through the Pub-
lic Estates Authority (PEA),
had already paid P1.7 billion
to landowners from whom it
bought the right of way for the
OLD C-5 DESIGN approved
during the time of Marcos? If
VILLAR will insist on “yes,”
tell that to the marines! If you
were the motorist, “unlighted
side,” will you still drive
through MCTEP when there
is an adjacent road equally
good but for free? Will you
still drive through the OLD
C-5 ROUTE when your first
exit after reaching the Coastal
Road is the foot of the Cavite
flyover that is about 200 me-
ters from St. Dominic Hospital
where the NEW C-5 DESIGN
IS FOUND BEFORE GO-
ING TO THE STILL-TO-BE
CONSTRUCTED EXTEN-
SION OF THE COASTAL
ROAD?
I have read the responses
of Villar’s lawyer at the same
more than three-fourths of
a century, there has been no
real challenge put up against
the constitutionality of libel as
stated by Justice Nachurra in
his dissent in Chavez vs Gon-
zalez, or what is otherwise
known as the “Hello Garci”
case.
The reason that the stand
of the NPC that libel is un-
constitutional is that libel as
a crime fails when applied to
the substantial due process
test formulated by jurispru-
dence to gauge whether a law,
rule, policy or circular lies
within the framework of due
process in making laws.
The substantial due process
yardstick measures whether a
law, rule, policy or ordinance
is constitutional under the fol-
lowing apparatuses:
(a) Is the end lawful?;
(b) Is the means rea-
sonably connected with the
ends?
(c) Is the means not
discriminatory or oppressive?
The purpose of libel law is
to protect innocent individu-
als from reputation-damaging
publications. No doubt, this is
for the common good and the
subject is lawful.
The means employed to
achieve the end or the pur-
pose, which is by imprison-
ing those who destroy honor
of individuals, is no doubt
reasonably connected to the
purpose of the law.
But before going further,
let us examine how many
means or ways are available
for us to achieve the purpose
of libel as a crime.
The Sate may resort to giv-
ing a cause of action for a civil
damages or a cause of action
to file a criminal complaint.
And between the two
available remedies, criminal
libel is no doubt more oppres-
sive and more discriminatory
than civil libel.
The fact that there is an
available remedy in Civil
Code that is less oppressive
site long ago. The responses
are not meritorious AND
EVASIVE of the real issue
that is corruption.
The answer that the NEW
C-5 EXTENSION project is
an alternative free highway
smacks of a “PILOSOPO
TASYO” argument. How
can you call the new C-5 ex-
tension design an alternate to
a tollway when there is no
more tollway to start with
because that will no longer
be constructed because NOT
ONE INVESTOR will in-
vest on it anymore. How can
there be an alternate when
there is nothing to alter be-
cause MCTEP will no longer
exist in fact?
Now, it is erroneous for
the Villar lawyer to argue
that MCTEP is a single en-
try/exit road while the new
C-5 design is an open-access
highway on any of its parts.
Why? The lawyer must be
hiding the fact that then
DPWH Secretary Gregorio
Vigilar approved in Decem-
ber of 1998 as the chairman
of the Toll Regulatory Board
(TRB) the exits proposed by
Villar, Velarde and Henry
Sy.
NOW, how can the lawyer
of Villar say that MCTEP is
and less discriminatory, which
is a civil action for damages, it
means that employing crimi-
nal libel as a means to achieve
the end is unconstitutional.
E. Libel is More of a Pri-
vate Dispute
Between the Libeled and
Libeler
Libel is more of a private
dispute between the libeled
and the libeler. The other per-
sons who have read or listened
to the libel do not truly care.
Hence, it is best to leave
to them the resolution of their
own conflict.
F. Age-old Breach of the
Peace Argument
as Justification for Crimi-
nal Libel is Obsolete
The original justification
advanced to justify criminal
libel is that it tends to breach
the peace, whereby the one li-
beled would run amuck.
This is no longer obtaining
under the present regime.
After all, the listener or the
reader has the obligation to
react within the bounds of the
law or he or she will run afoul
with the law.
And to punish the libeler
just because one person ran
amok is giving premium to
the amuck than the liberty of
the press.
Since time immemorial,
there has been no report that
anybody ever ran amuck just
because he or she was li-
beled.
The fact that breach of the
peace did not happen despite
the fact that many libel cases
have been filed and many ex-
poses have been recorded in
newspaper and magazine files
is enough proof that “breach
of the peace” argument is ob-
solete.
G. Libel is not an Act of
Moral Turpitude
Moral turpitude means
an elevated highway while
the new C-5 design is a sur-
face road? If I were to be-
lieve in this, then there must
be no more need for MCTEP
to pay for right of way for
lands because it is elevated
above the houses, anyway,
like the very long viaduct
from Pulilan (Bulacan) to
San Simon (Pampanga).
And since there is an actual
overlap of 200 meters or so
at the end of the “S” curve
to Sucat Road, does it mean
to say that MCTEP will be a
second-floor highway? Is it
like the SKYWAY in SLEX
where the toll is more than
double the price compared to
passing through the surface
road of SLEX? Oh come on.
Now, the said lawyer,
whoever is she or he, errone-
ously stated that MCTEP and
the new C-5 Design are “du-
plicate” of each other. Kindly
advise this lawyer to check
the dictionary what is the
meaning of “duplicate.” He
must know that “duplicate”
is an exact copy of the origi-
nal. How can this lawyer say
so after elaborating on the
distinctions or differences
between the OLD C-5 design
(MCTEP) and the NEW C-5
Design? When there are dis-
“moral depravity.”
It is hard to imagine that
defaming another’s honor is
an indication of lack of re-
gard to morality.
Rather, a journalist’s de-
cision to write and publish
about immoral act of anoth-
er is an indication that the
media man has high regard
for moral values.
Thus, if it is not a form
of moral turpitude, there is
no reason to make libel a
crime.
H. I’d rather live with
abusive reporters than
abusive policemen
Another argument pre-
sented by the lowly-minded
persons pretending to be
intelligent is that the fear
of abusive reporters should
be enough to make libel a
crime.
If this is the argument,
why do we maintain one na-
tional police force? Is it not
abusive persons are more in
number in the ranks of the
PNP than in the ranks of the
media?
So that if we make libel a
crime, is it alright to be fair
to the reporters by making
police arrest also illegal?
They fear that every re-
port of a journalist might
destroy their honor. But they
do not fear that every arrest
that may be done by a po-
liceman might even be for
the purpose of robbery or
the so-called “hulidap.”
We in the media would
rather live in the world of
abusive mediamen for what
would be injured is only a
“reputation” while in the
world of abusive policemen
what would be destroyed is
life in murder or the body in
physical violence.
I. What about false re-
ports done to benefit or de-
To page 7
tinctions, then the two can
never be a duplicate of one
another.
Now, when MCTEP was
approved by Marcos, it was
approved with the name:
C-5 (Circumferential Road
5) South Extension. The
new C-5 design, that was
stretched by Villar to three
kilometers more, is named
also as C-5 South Exten-
sion. So where is the dif-
ference?
Where is the econom-
ics of this lawyer and Vil-
lar that he had to pursue the
new C-5 design when doing
so would entail a cost of Six
Billion Pesos to the govern-
ment during these times
when the government has
been borrowing heavily to
arrest the bloating deficit of
at least 300 billion pesos?
ONE MORE WORD. It
is incorrect for other Villar
lawyers to argue: it was not
Villar who sold his lands
for the NEW C-5 Extension
project, BUT IT WAS the
government that bought his
lands. My golly! Have they
known that when the spous-
es Villar proposed the NEW
C-5 Extension design, their
subdivisions were already
there?
  Jan. 18-24, 2010 5               

A merican
Juries By FRED GRAHAM

The U.S. jury system de- jury system so fascinating to in court.

rived from a British practice
that aimed to protect subjects
from tyranny by the king. For
hundreds of years the system
has evolved with changes in
society and has survived, still
presenting a check on govern-
ment power. Fred Graham is
an anchor on truTV, formerly
called Court TV, and was the
primary court reporter for
CBS News from 1972 to 1987.
the public? Why does it flour-
ish in the United States and
barely exist elsewhere? Does
the U.S. system carry the
seeds of its own demise, as in
other nations that once used
juries widely and gradually
replaced them with decisions
by judges?
The answers are to be
found in the historical roots
of the American jury system
The British had regarded
jury trials as a potential bul-
wark against oppressive ac-
tions by the king, but there
was a more pragmatic reason
for retaining trial by jury.
English law contained
harsh penalties, including the
death penalty for relatively
petty crimes. British juries
served to soften the impact of
this by acquitting defendants

I
and the remarkable capacity or finding them guilty of lesser
n the winter of 2009, in- of the U.S. system to adjust crimes.
mates of Roumieh prison to legal and societal changes
in Lebanon were given that might otherwise seem to Resisting Oppression
permission to stage a threaten the vitality of trial by
play. jury. American law did not pose
They chose to perform an The American jury system this problem, but the Ameri-
Arabic version of 12 Angry was inherited from medieval can colonists in the 18th cen-
Men, originally an Ameri- England, where panels of 12 tury had their own reason for
can television drama and then “free and lawful” men in each retaining trial by jury — they
a hit 1957 movie, about jurors community were summoned used it as a shield to block
who argue bitterly over a mur- to help the king do justice. For what they saw as oppressive
der case and eventually find centuries these panels based prosecutions by the British.
the defendant not guilty. their decisions on what they Repeatedly the British rulers
The version put on by the knew of local wrongdoing. indicted Americans for ille-
prisoners was a smash success But as England became more gally shipping goods in non-
— despite the fact that Leba- populous, these jurors usually British vessels, only to have
non, like most nations, has could not rely on neighbor- local juries acquit the accused.
no trial by jury and all of the hood gossip and increasingly When the prominent American
imprisoned viewers had been based their decisions on evi- publisher John Peter Zenger
locked up without the benefit dence they heard in court. By was brought to trial for criti-
of the kind of anguished delib- the time the American legal cizing a governor appointed
erations that are the essence of system absorbed the British by the British king, a New
a jury trial. In fact, 90 percent model, U.S. jurors were ad- York jury found him not guilty
of the world’s jury trials take monished to ignore anything and created an early precedent
place in the United States, they might know about the for freedom of the press. So as
where the practice is thriving. case and decide the facts sole- the Americans moved toward
What makes the American ly on the evidence presented revolution, it was not surpris-
ing that in their Declaration of
Independence they denounced
the British king “for depriving
us in many cases, of the ben-
efits of trial by jury.”
And when the new nation
adopted its Bill of Rights in
1791, it specified that “in all
criminal prosecutions, the ac-
cused shall enjoy the right
to a speedy and public trial,
by an impartial jury.” It also
provided that the right to jury
trials in civil cases should be
preserved.
In the years that have
passed, the U.S. Supreme
Court has interpreted these
guarantees in ways that have
adjusted the concept of the jury
to meet changing conditions.
Where jury service was
once limited to white men
who owned property, the right
to serve on a jury was gradual-
ly extended to minorities and
women. The court held that
the right to a jury trial did not
extend to petty cases, and that
any defendant may waive the
right to a jury and go to trial
before a judge. Originally, all
juries had 12 American mem-
bers whose decisions had to be
ANATOMY OF A MURDER (1959) — An unlik- unanimous, but the Supreme
able army officer is charged in a small town with Court introduced more flex-
murdering a bartender who he alleges raped his ibility into the system by hold-
flirtatious wife. The realistic film portrays the be- ing that juries may be as small
havior of trial participants as far from ideal, yet as six members and that not
all verdicts must be by unani-
allows that even highly imperfect proceedings mous votes.
can lead to a reasonable, if imperfect, resolution. Traditionally, poor defen-
The judge (played by famous real-life lawyer Jo- dants had to face the prosecu-
seph N. Welch, left) confers with the defense at- tors alone before the jury, but
torney (played by Jimmy Stewart, center) and the the Supreme Court held that
prosecutor (played by George C. Scott, right). the government must provide
defense lawyers for them free
of charge.
To some extent, the right
of trial by jury appears more
imposing than it is in reality
because in practice the vast
majority of accused persons
do not invoke their right to a
jury trial. They realize that if
they go to trial before a jury
and are found guilty, their
own misconduct will have
been highlighted by the testi-
mony and the judge will tend
to hand down a heavy punish-
ment. So they enter into a plea
bargain with the prosecutor —
they agree to plead guilty to a
lesser offense in exchange for
a reduced sentence. The pros-
ecution often agrees to plea
bargains because it is spared
the trouble, expense, and un-
certainty of going to trial.
In many jurisdictions more
than 9 out of 10 prosecutions
are resolved in this way, with-
out a jury trial.
This heavy reliance on
plea bargaining is often criti-
cized by observers of the
American legal system. It
reflects the reality that while
in theory the prosecution and
the defense should have the
same chance of winning be-
fore a jury, in fact the pros-
ecution usually has many ad-
vantages. The defendant has
a right to legal counsel, but
frequently his or her lawyer
is a public defender who is
inexperienced, overworked,
and inclined to settle the mat-
ter by a plea bargain rather
than fight it out before a jury.
Moreover, the prosecution
typically has far more money
than the defense to spend
on investigating the case,
analyzing the evidence, and
checking out prospective ju-
rors. The result is a degree of
cynicism among defendants
toward the right to trial by
jury, which sometimes seems
to them to promise more than
it delivers in terms of justice.
In fact, scholars, judges,
and other observers of the
jury system point to a series
of problems posed by modern
developments that could not
have been imagined by the
statesmen who enshrined the
right to trial by jury in the Bill
of Rights.
Impact of Race
One of the most troubling
of these problems is the impact
of race on jury selection. Tra-
ditionally, during jury selec-
tion both sides were given the
right to strike a certain num-
ber of prospective jurors from
the panel without giving any
reason. In recent years, some
prosecutors have used their
strikes (called “peremptory
challenges”) to remove from
the jury all African Ameri-
cans, who the prosecutors
believe are inclined to favor
defendants in criminal trials.
The Supreme Court has con-
demned this practice and has
ruled that prosecutors must
have valid reasons for striking
blacks from juries. But the rule
has been difficult to enforce
because prosecutors have be-
come adroit in citing reasons
other than race for removing
potential jurors who happen to
be black. The result is a fester-
ing resentment among some
black defendants and their
lawyers toward a system that
they believe denies defendants
a jury of their peers.
Another problem that the
U.S. Founding Fathers could
never have anticipated is the ef-
fect of celebrity defendants on
the jury system. The popularity
of television and movies in the
United States has created a ce-
lebrity culture in which the rich
and famous are looked upon by
some people as more deserv-
ing than ordinary folk. This can
have a bizarre result when a ce-
lebrity is on trial and celebrity
admirers are on the jury.
A classic example of this
was the 2005 child molesta-
tion trial in California of the
late entertainer Michael Jack-
son. During jury selection
it became obvious that even
though jury service in the
long trial would be burden-
some, many of the potential
jurors were maneuvering to
get on the jury. Spectators
came from around the world
to see Jackson on trial, and
some of the jurors became
so starstruck they behaved
in bizarre ways. To make a
point, one juror smuggled
into the jury room a video-
tape of a television account of
the trial. After the jury unani-
mously acquitted Jackson on
all counts, two jurors went on
television and declared that
he was in fact guilty and that
they planned to write a book
about the case.
Book writing by jurors is a
persistent problem in celebrity
cases. For many jurors a book
deal is the best chance in their
lives to make a large sum of
money, and the temptation can
be irresistible. After the sensa-
tional 1995 trial of former foot-
ball star and actor O.J. Simp-
son — he was controversially
acquitted of murdering his ex-
wife and her friend — the trial
judge lamented that every ju-
ror participated in some form
of book project. Legal observ-
ers concede that jurors have
a First Amendment freedom
of speech right to write about
their case, but most critics be-
lieve that the practice can have
an unwholesome effect on the
jury system.
Urban America poses oth-
er problems for the jury sys-
tem that could not have been
foreseen by the Founding
Fathers. Media coverage of
newsworthy cases has become
so pervasive that picking an
untainted jury can take weeks
or sometimes even months. A
new profession of jury consul-
tants has learned to use sophis-
ticated polling techniques that
can help trial lawyers select
juries that are loaded in their
favor. Jury trials in high-pro-
file cases are often so compli-
cated that defendants who can
afford expensive legal teams
have an advantage, feeding a
public perception that the sys-
tem favors the rich.
Despite the problems, the
jury system is on a sound foot-
ing in the United States. Jurors
wield the awesome power of
the state to punish, or not to
punish, citizens. In that sense,
they stand above the sovereign
— and that has made them the
subject of fascination around
the world.
 6       Jan. 18-24, 2010
The Rise of
Jackie Rice
AS they say in showbiz, op-
portunity knocks only once
but if you are a good person
nothing can put you down
and instead career can be
prolonged until you become
good at your craft and adored
by many.
This maybe the innova-
tions on the part of Jackie’s
life, after second chances that
has been given by GMA net-
work wherein she has started
as a star.
It is truly that road to star-
dom may have been tough,
hard and difficult, neverthe-
less, it is not too late for her.
Though she has not yet
reached the popularity that
Iwa Moto has today, the
crowned Ultimate Survivor
is very well confident that she
will attain it.
Jackie Sobreo Rice was
born on April 27, 1990 in
Dinalupihan, Bataan. She is
from a Filipino-American an-
cestry. Her mother, Victoria,
is a Filipina and her father
James Rice is an American.
Pot Pot, as she is known to
her close friends and family,
got her first job at the age of
13. She then received a salary
of P200.00 per day from her
work as time-keeper in a car-
race in Subic.
Before she had the job, she
was then a happy-go-lucky
girl who likes to go out with
her friends. She always asked
P100.00 every Saturday, who
was then a big amount of
money to support her weekly
gimmick.
However, her father, who
was a newspaper dealer, has
the American mentality of a
hard worker to support his
own needs, asked Jackie to
also work hard to have money
of her own.
She entered modeling,
beauty contests and bikini
contests and also joined the
Bb. Zambales during her early
age.
In December 2005, GMA
Kapuso Network opened an-
other opportunity to all teens
as they started the Third Sea-
son of their reality-based ar-
tista search entitled StarStruck
Season 3: The Nationwide In-
vasion.
GMA launched the said
third season in all the major
provinces all over the Philip-
pines, an opportunity she heed
as she was then only involved
in activities in the entire prov-
ince of Zambales.
Thousands of teenagers
joined but only fourteen made
it to the screenings and inter-
views. And one of them is the
pretty, charming and very tal-
ented Jackie Rice from Olon-
gapo, who was then 15 years
old when she competed in the
said reality-based show.
During the entire contest,
Jackie showed her talents in
singing, acting, hosting, and
dancing. However, carried by
her young age, Jackie has been
involved in a controversy.
She was named by one of
the show’s council members
By OMAY E. RENTA
as one of the three from the
contestants who opened the
very confidential file from one
of the show’s computers and
informed the others the infor-
mation they have read. Also
implicated were Jana Roxas
and Sara Larson.
Larson was eliminated
the same week when that
controversy happened.
But despite Larson being
out of the contest, the fight
between the entire contes-
tants has continued as both
Jackie and Jana accused
fellow Starstruck contes-
tant Arci Muñoz as the
one who made the story to
implicate them.
Despite said contro-
versy, Jackie won the
contest when she was
proclaimed as the Ulti-
mate Female Survivor
along with the late Marky
Cielo who won the Sole Sur-
vivor and Ultimate Male Sur- Jackie had lost all of her blow to cause another de- her as GMA announced that
vivor title. regular shows and only al- bacle in her career. In a wise she will be cast as one of the
Due to her success in the lowed her as guest in a limited decision, she had chosen her star in the upcoming Panday
said reality-based artista con- show of the said network. showbiz career and turn away Kids.
test, GMA launched her first In 2008, Jackie has given from her love life. Despite more blessings
appearance where she will another chance to revive her Positive results happened coming in, Jackie has chosen
be portraying her own self in showbiz career, despite con- from her right and bright deci- to be simple, but more skin
the defunct Magpakailanman troversies about her charac- sion as GMA Network includ- has to be revealed.
drama series based from her ter. GMA network tested her ed her in the afternoon soap More skin and more daring
real life story. by giving one project at a entitled Sine Novela: Kung than the first pictorial appear-
In 2006, Jackie has become time. She joined the casts of Aagawin Mo Lang Ang La- ance she promised her fans,
one of the added members in Dyesebel as her first appear- hat Sa Akin opposite Maxene she became the cover girl in
the SOP (Sobrang Okey Pare) ance after she got suspended. Magalona, Glaiza de Castro the New Year’s blast of FHM
variety show and thereafter She played the role of one and Patrick Garcia. January 2010 edition. Based
in SOP Gigsters who rolled of the mermaids in the said She also appeared in a on records, Jackie Rice ranked
as Ultimate Sweetheart, aired series that starred by Marian cameo role in Ikaw Sana No. 54 sexiest in 2006.
consecutively every Sunday Rivera. where she played the role of Jackie Rice promised her
afternoon. The year 2009 was said Nina. fans that she will now be more
Jackie continuously grows to be the year of Jackie Rice Thereafter, major roles mature in terms of prioritizing
on her acting career. She start- when she was included in a have come her way. She ap- her showbiz career and never
ed to use her acting ability on supporting cast in the GMA peared as one of the main be back again in the dark.
different roles as GMA starred Network’s primetime show villain in GMA’s top rated Her star is now consis-
her in Love to Love Season 10 entitled Hinugot Ka Lang Sa primetime show Darna. She tently rising even outside the
where she played the role of Aking Tadyang starred by also started to be seen in Bub- showbiz arena. She is hoping
Claire and in the Season 1 of Dingdong Dantes and Marian ble Gang. that someday she will fin-
GMA’s fantasy-action-adven- Rivera. In conjunction with her ish her school and get a col-
ture series Fantastic Kids. However, someone tried to second chances at stardom, lege degree. She believes that
Jackie has become more pull her back in the dark, this Jackie Rice was chosen to be good education will help her
popular when she appeared in time was not her past pasaway the cover girl of Maxim in its to become a more successful
Encantadia: Pag-ibig Hang- character, but her relationship July 2009 Anniversary edi- person in the future.
gang Wakas where she por- with one of GMA’s artist. tion. All Rise! Dyaryo Magdalo
trayed the role of Armea. She did not let another Continuous blessings for salutes Jackie Rice.
In 2007, Jackie appeared
Derma Medica
in Fantastic Man as the lead-
ing lady of Mark Herras.
However, the showbiz
lime light of Jacky became
dim when she got involved in
different controversies. There
were frequent reports to GMA Dermatology, Cosmetic Surgery & Vein Clinic
Network of seeing her in par-
Rolando M. Baltazar, M.D.
tying wildly, smoking and
drinking beer. She also began
to earn the negative title of
Pasaway from different show- Phil. Academy of Clinical & Cosmetic Dermatology
biz critics and writers.
GMA Talent Center, where
Jackie is one of the members, Clinic Address:
did not tolerate the kind of S006 2nd Floor, CENTER MALL 2 Tel. No. 251-6656
attitude that she has to be
made. Thus, Ida Henares is- TUTUBAN CENTER, C.M. Recto, Mla. CP No. (0921) 547.6889
sued a suspension of 6 months (Atop Dickies, Beside LTO)
against Jackie.
  Jan. 18-24, 2010 7               

2 Pinoy sports icons honored

By TONY FIGUEROA
TWO great Filipino sport
achievers who have ex-
celled in their respective
crafts have been hailed as
the decade’s best for their
world-class achievements.
Emmanuel ‘Manny’
Pacquiao, the world’s only
seven-division champion,
and Efren ‘Bata’ Reyes,
one of the world’s most
dominant figures of bil-
liards, were recognized as
‘Fighter of the Decade’ and
‘Player of the Decade’ by
the Boxing Writers Associ-
ation of America (BWAA)
and the United States Bil-
liard Media Association
(USBMA), respectively.
BWAA also named Pac-
quiao ‘Fighter of the Year
for 2009, the same recogni-
tion that was bestowed on
him by the prestigious Ring
magazine and the illustri-
ous ESPN.
This makes him only the
fifth boxer in history to win
three BWAA ‘best fighter’
plums after Muhammad
Ali (1965, 1974 and 1975),
Joe Frazier (1969, 1971 and
1975), Sugar Ray Leonard
(1976, 1979 and 1981),
Evander Holyfield (1990,
1996 and 1997).
In achieving the recog-
nition, Pacquiao registered
an impeccable record of 24
wins, a single defeat, and
two draws over a 10-year
career, dominating some of
the greatest names in post-
war boxing that included
former world champions
Erik Morales, Juan Manuel
Marquez, Antonio Marco
Barrera, Oscar dela Hoya,
Ricky Hatton, David Diaz
and Miguel Cotto.
Aside from being the
boxer to have gained uni-
versal recognition as the
only fighter to claim ‘linear’
championships in four di-
visions, namely flyweight,
featherweight, super-feath-
erweight and light-welter-
weight, Pacquiao has also
been cited by Forbes, Time,
and AskMen.com, to name
a few, as one of the world’s
most powerful celebrities.
On the other hand,
Reyes, known as the ‘Ma-
gician’ for his amazing
shots, won over 20 major
men’s professional pool ti-
tles during the decade, that
included two of the richest
purses in the history of the
game.
He is not only the first
Filipino to be installed in
the Billiards Congress of
America’s Hall of Fame,
Reyes is also the first non-
American champ in US
billiard circuit, the first
Filipino to become World
Professional 9-Ball cham-
pion, the first World Pool
League champ, and the
only five-time World 8-Ball
champ.
Moreover, he is the only
three-time All-Japan 9-Ball
Championship winner, the
first man to win both the
1-pocket and 9-ball divi-
sions in the 2005 Annual
Derby City Classic (US)
and the ‘Master of the
Table,’ and the first 4-time
consecutive champ of the
annual Derby City Classic
(2003-2007) in Kentucky
where he was crowned
‘Master of the Table’ in
2007.
Like Pacquiao, he was
honored by Time in 2001
as the “sole bona fide inter-
national sports superstar”
and named ‘Player of the
Year’ by the US magazine
Billiards Digest in 1995.
Pacquiao’s and Reyes’
feats follow the achieve-
ments of another world-
renowned Filipino sport
icon, Rafael ‘Paeng’ Nepo-
muceno, the first bowler to
be enshrined in the Inter-
national Hall of Fame in
Missouri, USA, and winner
of the Mort Luby Jr. Distin-
guished Service Award of
the World Bowling Writers
Association in 2009.
Nepomuceno is ac-
knowledged as the first and
only man to win four FIQ
crowns, a holder of three
Guinness world records,
winner of the International
Tournament championship
in Las Vegas in 1984 and
the World Tenpin Masters
championship in London
in 1999.
Aside from being the
‘Bowler of the Year’ in
1984-85, he is the only
bowler to have won 118
tournaments, a record that
is also recognized by the
Guinness.
The feats of Pacquiao
and Reyes, interestingly,
were announced on the
same day that another Fili-
pino, Teofilo Yldefonso,
two-time Olympic bronze
medalist who died during
the war, was chosen for in-
duction in the International
Swimming Hall of Fame
this year.
He will become the first
Filipino to be installed in
a Hall of Fame for a sport
played in the Olympics.
Yldefonso finished
third place in the 200-me-
ter breaststroke in the IXth
edition of the Olympic
Games in Amsterdam in
1928, breaking the Olym-
pic record in the medal
round, and took the same
award four years in the Los
Angeles in 1932.
Other Filipinos who
made it to the Hall of Fame
were former Rizal Gov.
Isidro Rodriguez and Erib-
erto Landero, who were in-
ducted in the International
Softball Federation Hall of
Fame under the non-athlete
category.

DECRIMINALIZE LIBEL!
EXTRAJUDICIAL SETTLEMENT OF ESTATE
with
Special Power of Attorney

KNOW ALL MEN BY THESE PRESENTS:

We, the compulsory heirs and wife of the decedent, MAGNO FELIPE MOLLENO, who are named as follows: From page 4
1. Michael Rovira Molleno – child of the decedent born on July 17, 1975;
2. Melvin Rovira Molleno – child of the decedent born on March 17, 1977; stroy one candidate? sarily risking a democratic Come on, please under-
3. Merhusela Rovira Molleno – child of the decedent born on August 9, 1981; This should not be a prob- society. stand the deeper substance of
4. Miraflor Rovira Molleno – child of the decedent born on April 26, 1983; lem. Now, if they fear about Press Freedom.
5. Melchora Maamo Rovira Molleno – widow of the decedent;
hereby extra-judicially settle the estate of Mr. Magno Felipe Molleno who died on January 6, 2005 in Taguig, con- false reports on the elections, After all, there is a remedy
sidering that he left no will and no debts, that all the compulsory heirs are of legal age and present in this Extra-judicial Let me say: THE BEST these are unfounded because to counter bad press releases
Settlement of Estate, that there is no personal property left but a mere interest in a real property consisting in the award by TEST OF TRUTH IS TO LET you can always make a coun- by using almost unlimited
the Home Guaranty Corporation (HGC) for a condominium unit located at BLDG. D Unit 107 C-5 MRB Project Ususan, ALL INFORMATION FLOW ter-report for the truth to come media apparatuses.
Taguig City.
When the decedent died, half of the interest in the said property went to the compulsory heirs and the other half AND CLASH FREELY. out. With more reason that the
remains with Melchora Maamo Rovira Mollena. If one feels that a report Those who are not working decriminalization of libel be
Further, the widow has a share of interest with the said half of the rights that went to the compulsory heirs applying the abuses him or her or is false, in the media can easily shout upheld considering the fact
Law of Succession under the Civil Code of the Philippines. he or she can always make about abuses of the media. that INTERNET MEDIA
Be that as it may, the herein compulsory heirs and their mother Melchora Maamo Rovira Mollena have to share into
five equal parts the said rights of the decedent to the said award by the Home Guaranty Corporation (HGC). his or her own report to coun- But they have not felt the HAS PROVIDED VIRTU-
Additionally, the herein compulsory heirs and their mother Melchora Maamo Rovira Molleno hereby agree as they ter it and post it in blogs or violations brought about by the ALLY LIMITLESS MEANS
hereby agree to name, appoint and constitute the said Melchora Maamo Rovira Mollena as their true and lawful attorney- publish his or her own news- warrants of arrest put out be- FOR ONE DEFAMED TO
in-fact to act as if they were present concerning the said rights and as such the said attorney-in-fact is authorized to perform paper or send it to all radio cause a corrupt official filed a ARGUE BEFORE THE BAR
the following powers: and television stations and complaint for libel after a report OF PUBLIC OPINION.
1. To negotiate with the National Housing Authority (NHA) on how to pay the required downpayment and required
monthly amortizations and other charges that go with the award of the said condominium unit; newspapers. about corruption. Can a reporter MY RULE OF THUMB
2. To enter into a contract of assigning all the rights of the compulsory heirs to the said award of the said condominium The marketplace of ideas now write as a duty to the public IS: Fight words with words
unit with the objective of relieving all compulsory heirs of possible debts or liabilities that may arise from the failure to must forever be allowed to if these warrants of arrests, tri- and not with swords.
comply with the requirements of the said award of the said condominium unit; and exist if only to strengthen als and threats of imprisonment So that those who advo-
3. To perform all other powers necessary and implied from the exercise of the foregoing powers, including the power
to sell the same rights if necessary for the objective of relieving all parties of liabilities arising from the said award. and improve understanding hover over his or her head like a cate stricter media control are
All these compulsory heirs hereby RATIFY and CONFIRM the exercise by the said Attorney-in-Fact of the foregoing among the peoples of the vari- sword of Damocles? UNPATRIOTIC!
powers specially authorized for her to exercise. ous clashing ideas. At the same time, IMAG- I hope I have opened your
IN WITNESS WHEREOF, we hereby sign this Extrajudicial Settlement of Estate with Special Power of Attorney on this Let me cite one: Allow INE A WORLD WITHOUT mind to this idea!
____ of December 2009 in the City of ____________.
Muslims to expound their REPORTERS!
Michael Rovira Molleno Melvin Rovira Molleno ideas on religion although it One more enemy of the The Conclusion
_____ ID No. _____________, _____ ID No. _____________, might be diametrically op- press is the fact that NEWS-
valid until ______ _________; valid until _______________; posed to the Christian teach- PAPERS ARE DYING DUE The reasons presented for
CTC No. ________________, CTC No. ________________,
issued on _______________, issued on _______________, ings, and vice versa. TO THE ONSLAUGHT OF the decriminalization are ob-
issued in ________________. issued in ________________. To put any hindrance to ELECTRONIC MEDIA. This viously overwhelming.
free flow of ideas and in- may render journalism pro- As such, it stands to reason
Merhusela Rovira Molleno Miraflor Rovira Molleno formation is to suppress the fession meaningless so that for the Senate and the House
_____ ID No. _____________, _____ ID No. _____________, liberty of the press. It will nobody would be interested of Representatives to GIVE
valid until _______________; valid until _______________;
CTC No. ________________, CTC No. ________________, instead encourage rebellion anymore to work in this noble DECRIMINALIZATION OF
issued on _______________, issued on _______________, to the muffled voices, neces- vocation. LIBEL A CHANCE.
issued in ________________. issued in ________________.

Melchora Maamo Rovira Molleno

POSTAL ID No. 3330948,
valid until: Jan. 27, 2010;
CTC No. 19317531,
issued on Feb. 19, 2007,
issued in Taguig City.

Witnesses:

Sign: ______________________ Sign: ______________________

Name: _____________________ Name: _____________________
Address: ___________________ Address: ___________________
____________________________ ____________________________

x---------------------------x
Republic of the Philippines )
City of )SC

ACKNOWLEDGMENT

BEFORE ME, in this City of ___________, on this ______ of December, 2009, personally appeared (1) Michael
Rovira Molleno, (2) Melvin Rovira Molleno, (3) Merhusela Rovira Molleno, (4) Miraflor Rovira Molleno, and (5) Melchora
Maamo Rovira Molleno, who exhibited their evidence of identity as written below their names above, known to me and
to me known to be the same persons who executed the foregoing Extrajudicial Settlement of Estate with Special Power of
Attorney, and who acknowledged to me that the same is their voluntary act and deed.
This instrument of three (3) pages including this Acknowledgment has been signed by the parties and their witnesses
at the end thereof and on the left margin of all other pages.
Witness my hand and seal.

Notary Public
Doc. No.: ____;
Page No.: ____;
Book No.: ____; Publication: DYARYO MAGDALO THE local government of Malabon City is currently beefing up its disaster-
Series of 2009. Date: Jan. 18-24, 2010 preparedness campaign by building bancas to be used when calamities
strike. PHOTO BY: NICK GALINO
 8       Jan. 18-24, 2010
‘THE DREAM’ LIVES ON
B
OXER Z “The
Dream” Gorres
is back in Ma-
nila on Tuesday
morning after
courageously fighting back
from the brink of death follow-
ing brain surgery after a world
championship fight against
Luis Melendez of Colombia
in November last year in Las
Vegas, Nevada.
Gorres, who lost weight
and had slight difficulty in
his speech, arrived with his
wife Datches and Dr. Benito
Calderon on board Philippine
Airlines flight PR 107 from
Las Vegas.
Despite his condition, Gor-
res managed to strike a pose
for photographers before being
whisked away with his wife
to a connecting flight to Cebu
City to be with their four kids,
to meet members of the Cebu
media, Cebu City officials,
ALA Gym stablemates, Cebu
sportswriters and friends.
Gorres has come home
without a world title but with
another glowing example of
the indomitable courage of the
Filipino and the remarkable
capacity of Filipinos to help
their countrymen in their hour
of need.
Dr. Calderon, one of his
benefactors, is the current
president of the Philippine
Medical Association in Las
Vegas. He and his colleagues
Z Gorres is carried out in a stretcher after collapsing atop the ring in his
winning fight against Luis Melendez of Colombia.
have been assisting Gorres
in raising funds for his medi-
cal bills which have exceeded
550,000 dollars.
Dr. Calderon describes
Gorres’ as a “miracle kid.”
“Mentally, he is back.”
Dr. Calderon said. “His motor
skills have improved. There
is still weakness on his left
side. But we'll see more im-
provement within the next six
months.”
“My sincerest thanks to
all the Filipinos who gave me
their support. I would also like
to thank our Lord God for giv-
ing me another chance in life .
. . I know he still has big plans
for me,” Gorres said in Fili-
pino upon his arrival.
When asked what he re-
membered from his fight, Gor-
res said, “I can’t remember
anything from the fight, every-
thing seems to be a dream.”
Gorres said it was his wife
who told him that he just came
out from the comatose and that
he won the fight against Co-
lombian Luis Melendez.
Gorres got hit by a left
cross from Melendez in the
final round of that nightmar-
ish fight, managed to get up
for his win. However, he fell
unconscious before leaving
the ring.
“Kung ako ang nanalo, e
bakit ako nandito [hospital]?
[If I won the fight, then why
am I here?]” Gorres recounted
asking his wife after waking
up.
Surgery
Gorres was hospitalized at
the University Medical Center
in Las Vegas, Nevada after his
left part of the body became
paralyzed immediately after
winning his bout against Me-
lendez on November 13.
Gorres suffered a stroke
and had a blood clot in his
brain because of the pounding
he received from Melendez.
Doctors at the Nevada hos-
pital opened his skull to drain
the blood and relieve the pres-
sure on his brain, which left the
27-year-old boxer in a coma
with doctors leading to believe
that he will not survive.
But after three weeks, Gor-
res woke up from the coma-
tose and immediately began
therapy and miraculously was
able to move parts of his left
body.
“It’s nothing short of a mir-
acle! Just weeks after waking
up from the coma, Z can now
Z Gorres answers questions from the media upon his arrival from the US where he underwent brain
surgery for injuries sustained in a boxing bout 3 months ago in Las Vegas, Nevada.
lift his left arm and leg and can
now walk with the help of a
walker,” Calderon said.
The convalescing Gorres
made his first public appear-
ance at the Pinoy Power card
last Saturday at the Las Vegas
Hilton (Sunday in Manila).
He watched compatriots
Nonito Donaire, Jr., Bernabe
Concepcion and Mark Jason
Melligen beat their respective
opponents, and Ciso Morales
and Gerry Peñalosa bow to
their rivals.
Pacquiao to help
shoulder rehab efforts
Filipino boxing icon Em-
manuel “Manny" Pacquiao
will help shoulder the rehabili-
tation expenses of Gorres.
According to Gorres’ wife,
Pacquiao approached her hus-
band while they were watch-
ing the “Pinoy Power 3" card
in Las Vegas, and told him to
get well soon.
“Z, pagaling ka, huwag
kang mag-alala, tutulungan
ka namin (Z, get well. Don’t
worry, we’ll help you)," she
recalled Pacquiao telling her
husband.
Gorres thanked all his sup-
porters who helped him during
his ordeal including Manny
Pacquiao who promised to or-
ganize a fund raising event to
help him pay his hospital bill
that reached around $550,000
(P25.473 million).
Gorres bill
A team of University of
Nevada Las Vegas law stu-
dents are working on a legisla-
tive proposal that would ensure
boxers to have catastrophic
health insurance before they
enter the ring.
Boyd Law School student
Jayme Martinez , who is
studying to pass the bar exam,
met with Gorres along with law
school professor Correales and
first year law students Jonathan
Winn and Ryan Devine at the
clinic of Dr. Ben Calderon to
discuss and take the lead in the
preparation of a legislation to
give ample medical coverage
for all professional boxers.
Martinez said she has long
been interested in the welfare
of boxers because her husband
trains young fighters. She not-
ed that “Their life often is not
an easy one. Very few get the
money of world champions,
and they just struggle to make
it. But they want to make it on
their own. They don't want to
have insurance problems.”
Another bit of good news
was the plan for a Gorres Bill
in Nevada that will increase
the insurance coverage of box-
ers from $50,000 to $1 mil-
lion. The bill will ensure that
every fighter is well-covered
and protected for their hospital
expenses.
Dr. Calderon believes that
the law could be passed in
2011.
Boxing aficionados are
familiar with the Muhammad
Ali Boxing Reform Act and
the Professional Boxing Safety
Act which are important piec-
es of legislation that benefited
boxers practicing their profes-
sion in the United States.
Boxing bill in RP
Would it be too much to ask
if our lawmakers think of simi-
lar bills that will benefit boxers
here in the Philippines?
Dozens of our lawmak-
ers and government officials
flocked to Las Vegas to watch
and cheer for Manny Pacquiao.
Nothing wrong with that; the
powerful and the privileged
also have the right to savour a
Pacquiao victory just like the
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underemployed and hungry
masses.
Pacquiao will not fight
forever. Sooner or later, he
will have to pass the torch to
another generation of boxers.
Pacquiao is also an exception
to the exception, not just in
terms of his boxing ability but
in his financial security. Fili-
pino boxers retire without the
benefit of a pension fund.
There is nothing wrong
with a government official
posing with a victorious boxer.
But it would be better if they
can come up with something
long term and sustainable that
can help boxers who never
made it big. Many of these
destitute and disabled pugilists
once proudly waved our flag
when they fought on foreign
shores.
But would it be better if
the powers that be – who will
be asking for our votes a few
months from now – leave
something behind that will
help boxing?
Gorres will be honored by
the Cebu Sportswriters As-
sociation this March 11 with
a Presidential Award. He may
have come up short in his
world title bid against Fernan-
do Montiel three years ago but
his dream lives on among his
stablemates in the ALA Gym.
“W
all e buy
of kind
scr s
ap
”