Binay’s SONA: Inept and Insensitive?

Jejomar Binay is Vice President of the Philippines. He won in 2010 because a group called NoyBi or Noynoy-Binay carried him. As Vice President he was given a couple of Cabinet positions and the luxurious Coconut Palace as his office.

He attended Cabinet meetings regularly and I assume that being a lawyer and receiving compensation for his jobs, he must have reported or participated in discussions. He did this for about 5 years interrupted only by the mid-term elections when, together with former President Erap Estrada and Senator Juan Ponce Enrile, they formed an alliance with the main objective of getting their children elected to the Senate. Nancy Binay and JV Ejercito won but Jack Enrile lost. Greg Honasan, an Enrile protégé, obtained the last Senatorial spot instead.

When Binay cut his ties with PNoy, he started attacking the latter as being “palpak” (inept) and  “manhid” (insensitive). He tried to prove it by delivering his own Contra-SONA without realizing that, in content and style, he and his team actually displayed their own ineptness and insensitivity.



First, he was expected to contradict the facts and figures presented by PNoy’s SONA. He could not. Argumentum contra factum non valet ilatio (Arguing against facts is an invalid inference).

Second, he was expected to give the Filipino people his version of the State of the Nation backed by incontrovertible facts and figures sourced from reliable and competent authorities. He did not.



Third, as Vice President he is only a breath away from the Presidency. He was Chairman of the HUDCC, the highest policy-making body for housing and was tasked to coordinate the activities of the government housing agencies and to make certain that the National Shelter Program is accomplished. He also sat as Chairman of the Board of Key Shelter Agencies to supervise the operations of the Home Guaranty Corporation (HGC), the Home Development Mutual Fund (HDMF) or more popularly known as Pag-ibig Fund, the National Housing Authority (NHA), the Housing and Land Use Regulatory Board (HLURB), the National Home Mortgage Finance Corporation (NHMFC) and its subsidiary, the Social Housing Finance Corpration (SHFC).

It would have been nice to hear from him a brief report on what he did for 5 years, the problems he encountered, and his recommendations for the future. Did he? NO.

Fourth, he was also a Presidential Advisor on OFW concerns. In fact, he scheduled trips abroad for the purpose of fulfilling this task. A report on the concerns would have been appropriate in his SONA. Did he give one? He did not!

Fifth, as a potential president, his SONA was expected to be inspirational and motivational. He was supposed to give much hope to the Filipino people as he accentuated the positive. True to form and displaying heights of insensitivity, he decided to be the “naysaying doom and gloom” leader focusing on places and cases that brought death and misery to a substantial number of people.


He cited four places: the Luneta; Yolanda; Zamboanga; and Mamasapano. 





a) The tragedy in Luneta happened 5 years ago when PNoy just took over as President. It resulted in the death of 8 Hong Kong tourists and injuries to several more.  Diplomatic means eventually resolved the row between the Hong Kong Government and the Philippines. The demands of the victims’ families were satisfied and diplomatic relations normalized.

A similar hostage crisis recently occurred in Juban, Sorsogon where Gallego Prayle, an Army man with an automatic M-16 rifle seized the Penafrancia bus carrying 55 passengers, its driver, and conductor. A crisis management committee was immediately created to resolve the situation. After a four-hour tense negotiation, Prayle surrendered.

Did Binay mention this in his SONA? VP Binay only wants the people to know when hostages are killed.

b) Yolanda was an “Act of God”. It was an event beyond human control. It was a natural disaster that devastated not just Tacloban, Leyte but many places in the Visayas as well. Amidst the disastrous effects on mankind, we correspondingly witnessed a great display of kindness by men, women, governments, and institutions. This display of great charity generated billions of dollars worth in cash, goods, and services most of which passed through private institutions like the Red Cross and others through a trusted and honest government.

Billions of government funds had been allocated for the reconstruction, recovery, and rehabilitation of the devastated areas. It is not finished. A lot more are in the pipeline.  Surveys show that Yolanda victims are very satisfied with PNoy’s performance. Yet true to form, VP Binay chose to accentuate the negative and completely disregarded the tireless efforts of people in the recovery plan.

c) What happened in Zamboanga is a continuation of a fight that has been going on for at least 4 decades. Government efforts drove the perpetrators away forcing them to go into hiding.  Reconstruction, recovery, and rehabilitation programs are currently implemented and should continue as the government pursues a more comprehensive and long-term peace agreement with the rebels.

VP Binay again chose the negative line. He cited incidence of rape and young women forced into prostitution in the evacuation centers. He is a lawyer and even touted as a human rights lawyer at that. It should not have been hard for him and his team to gather evidence and prosecute. Did he mention any solution in his SONA? NO!

d) The Mamasapano incident is still under criminal investigation as well as Senate probing. But VP Binay without regard to the feelings of the victims’ families chose to use it for political gains. The victims’ families have recently urged him to stop using the case for his political agenda.

The SAF 44 have been honored in many ways and the people are very appreciative of their supreme sacrifice. Supreme Court Chief Justice Sereno ordered flags to fly at half-mast in courthouses across the country as the judiciary mourned the massacre of elite police forces in Mindanao.

PNoy issued a Presidential Proclamation honoring the new heroes and scheduled a National Day of Mourning. He spent about 10 hours condoling with the surviving families. Everybody was unanimous in declaring the Fallen 44 as heroes - they “did not die in vain”.  Medals of Bravery were awarded to them.

“The package of benefits for families of slain Philippine National Police-Special Action Force (PNP-SAF) troopers includes: lifetime pension, gratuity equivalent to one year salary, additional pension for the next five years, Pag-Ibig Fund death benefits, insurance benefits, and commutation of leaves,”

BBL

The BBL is a proposed legislation that seeks to solve decades-old conflict involving our Muslim brothers. Of course, it has to be constitutional. So, if VP Binay has some proposed amendments to make certain that provisions are constitutional, then get Congressman Tiangko or his own daughter Abi to propose them.

DAP


VP Binay is now saying that he is opposed to the DAP or Disbursement Acceleration Program.  He claims, “Malinaw na ang DAP ang pinakamatingkad na halimbawa ng pagwawaldas sa pondo ng bayan sa ating kasaysayan. Ito rin ay isang lantarang paglabag at pagsuway sa ating Saligang Batas.” (It is clear that DAP is the greatest example of plundering government funds in history. It is obviously violative of the Constitution.)

Yet records show that two of the Key Shelter Agencies under his Chairmanship received P11.455B in DAP funds. His Alma Mater, University of the Philippines received P1.29B also in DAP funds. Is he saying plunder was committed? 


A re-read of the Supreme Court decision clearly reiterated the doctrine of operative fact, which presumes good faith in all acts and decisions made in relation to DAP. While it declared that certain acts are unconstitutional, it did not declare anybody guilty. In fact, if the said unconstitutional acts are avoided or corrected, DAP if needed, can be revived.

Most importantly, VP Binay has been accused of plunder and several corruption charges. His SONA would have been a good opportunity to counter the charges, inform the people and explain his side.  He did not.

His failure to do what was expected of him and his insistence in accentuating the negative, his allegations of “ineptness” and “insensitivity” backfired. His SONA proved it! 

2016: Roxas but no Poe?

Is Mar Roxas giving up on Grace Poe as his VP? Assuming that he does, who would be a good replacement?


One view, points to either Senators Antonio Trillanes or Alan Cayetano. Here, his VP would be the attack dog against Binay while Roxas acts presidential and explains the Tuwid na Daan plans and programs.


Another view, points to either Governor Vilma Santos or Representative Leni Robredo. Here, his VP would neutralize the appeal of Poe in the Cinema because of her parents (Fernando Poe, Jr. and Susan Roces) through a VP Vilma and the Vilmanians. Or he would have in Leni Robredo a VP who is a smart, hard working, and experienced lawyer and widow of a beloved public official. Both are comparatively beautiful, charming, and intelligent.

Depending on who is a greater threat to Roxas and the LP inheriting Malacañang, the right VP will be chosen as the neutralizing factor.



Ironically, PNoy, Mar, and the LP may not have to do anything. The demolition of the presidential candidacies of Binay and Poe would be accomplished independently through a process under the doctrine, “ours is a government of laws”. In the case of Binay, the plunder and corruption charges would destroy him without Roxas lifting a finger. In the case of Poe, if she decides to run, her qualifications at this point in time could derail her candidacy also with Roxas not lifting a finger. While defending residency is easy, proving that she is a natural born citizen is a little tricky. 

Poe is a “foundling” and it is therefore unknown if she is a natural born citizen of the Philippines under Philippine domestic laws. However, the Constitution recognizes generally accepted principles of international law as part of the country’s laws. The only relevant international law is the 1961 Convention on the Reduction of Statelessness, which provides in Article 2,  “a foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within the territory of parents possessing the nationality of that State.”

Out of 193 nations, only 63 countries or less than 1/3 have either signed or acceded to as Contracting Parties of the said 1961 Convention. In fact, of the 63, 21 or 1/3 of them have even expressed “declarations, reservations and/or objections.” Its provisions are obviously NOT what we call “generally accepted principles” of International Law. Furthermore, the Philippines is NOT a Contracting Party because it has not signed or acceded to the convention. It is therefore NOT bound by it. 

Two possible legal processes could cure this problem of “foundling” Poe. One is for PNoy, Mar, the LP and its allies to accelerate the signing and acceding to the 1961 Convention. Two is for PNoy, Mar, and the LP and its allies to help pass the Lapid bill that would recognize foundlings found in the Philippines like Poe as natural born citizens.

Would they? “Yes, if a Roxas-Poe tandem is cemented,” my barber asserts but readily admits that Chiz Escudero could easily derail it. The latter's influence on Poe is unmistakable. It is also showing that Poe is not as independent-minded as we thought she was. This is both bad and sad!


The Liberal Party had included her in the line of succession for the country's leadership in order to institute socio-economic and political reforms. It would take a whole generation or more to attain political equality, economic parity, and social equity. It takes long term-planning, real politik, patriotism, and humility to achieve such goals.


I personally proposed a system that would guarantee continuance of the "Daang Matuwid" reforms as well as an eventual presidency of both Roxas and Poe. But Poe should agree to slide down to the Vice Presidency in order to prepare for becoming a better president as proposed by some seasoned and experienced politicians.


Roxas and Poe have not declared. The way I see it the former is getting the endorsement of PNoy. He is in the best position to continue the "Daang Matuwid" reform agenda. 

Poe? Her destiny is her choice not Chiz's. She has to achieve it independent of anybody!

Coalition: Mission > Ambition > Obsession > Frustration

PNoy has been meeting with Mar Roxas, Grace Poe, and Chiz Escudero. Not mentioned by the press but also in attendance was Budget Secretary Butch Abad. The goal or mission is to retain the current pro-Administration coalition and support a common Presidential and Vice Presidential tandem for the 2016 elections.

Another one-on-one meeting between PNoy and Poe did not come up with the desired results either.  Building a coalition to support PNoy’s candidates of choice in the 2016 elections is a good and legitimate ambition. It is consistent with the all-time political mantra - “politics is addition”. But, by way of warning, turning the ambition to obsession is an unwise decision. It will only end up in unavoidable frustration.

In our most recent history, as brought about by the 1987 Constitution, we never witnessed any coalition being formed in support of the administration presidential candidate or that of the opposition. The Constitution encourages a multi-party system. Coalition building usually happens after the presidential elections in order to elect leaders in Congress who will be supportive of the newly elected President’s legislative agenda, and in order to prepare for the midterm elections. This is when “turncoatism” is evidently displayed.

In (1992) the first presidential election after Cory Aquino’s tenure, there were seven (7) candidates and parties: Fidel V. Ramos (Lakas-NUCD); Miriam Defensor Santiago (PRP); Eduardo Cojuangco, Jr. (NPC); Ramon Mitra, Jr. (LDP); Imelda Marcos (KBL); Jovito Salonga (Liberal); and Salvador Laurel (Nationalista).

In the 1998 presidential elections, there were ten (10) candidates and parties: Joseph Estrada (LAMMP); Jose de Venecia (Lakas-NUCD); Raul Roco (Aksyon); Emilio Osmeña (PROMDI); Alfredo Lim (Liberal); Renato de Villa (Reporma); Miriam Defensor Santiago (PRP); Juan Ponce Enrile (Independent); Santiago Dumlao (Kilusan para sa Pambansang Pagpapanibago); and Manuel Morato (Partido Bansang Marangal).

In the 2004 presidential elections, there were five (5) candidates and parties: Gloria Macapagal Arroyo (Lakas-Kampi); Fernando Poe, Jr. (KNP); Panfilo Lacson (LDP); Raul Roco (Aksyon); and Eddie Villanueva (Bangon Pilipinas).

In the 2010 presidential elections, there were ten (10) candidates and parties: Benigno Aquino III (Liberal); Joseph Estrada (PMP); Manny Villar (Nationalista); Gilberto Teodoro (Lakas-Kampi); Eddie Villanueva (Bangon Pilipinas); Richard Gordon (Bagumbayan VNP); Nicanor Perlas (Independent); Jamby Madrigal (Independent); John Carlos de los Reyes (Ang Kapatiran); and Vetaliano Acosta (KBL).

A careful analysis will show that in presidential elections under the 1987 Constitution, it would be very ambitious to form either an administration or opposition coalition.  This is because, as ambitious as coalition building is, there are even more ambitious politicians who think that they can win the presidential elections and lead the country to prosperity.

“Ambition should be made of sterner stuff,” Mark Anthony delivered at Julius Caesar’s funeral. But an online writer interprets, “Ambition by itself does not get a job done. It must be combined with determination, perseverance, and a passion to get the job done well.”

There is no doubt that Escudero, Poe, and Roxas are ambitious. While Mar Roxas is the most prepared to inherit the mantle from PNoy and to continue the “Tuwid na Daan” commitment, each one still has to show the kind of determination, perseverance and a passion to fight and win the presidential derby.  Each must show a compelling reason that he or she wants the job and is best suited to run the country given his or her proposed reforms.

Failure to do so would only bring despair and false hopes to the Filipino people. Using the words of Marcus Brutus on Julius Caesar,  “...as he was fortunate, I rejoice; as he was valiant, I honour him; but as he was ambitious, I slew him.”  It is obviously applicable to any who would soon declare his or her candidacy.

There is merit to what some wise Filipino men and women are asserting: “Presidency is a matter of DESTINY.” But another wise guy named William Jennings Bryan also said, “DESTINY is not a matter of chance, it’s a matter of choice. It is not a thing to be waited for, it is a thing to be achieved.”

PNoy will help shape the DESTINY of either Mar Roxas or Grace Poe by endorsing any of them or both if one is patriotic enough to be VP. But at the end of the day, it will still be their decision and choice to display the kind of passion and determination necessary for success. In fact, they should not wait for PNoy’s endorsement. They must declare, seek and achieve the presidency independent of the endorsement. Besides, PNoy can only endorse a declared candidate.

If a Roxas-Poe tandem does not materialize because ambition is turned into an obsession, we should expect some frustration. Instead of just a Binay vs. Roxas battle, thus – giving the Filipino voters a clear choice, Poe joins the fray. Her candidacy will automatically attract another one whose mission is to question her qualifications as a presidential candidate to the end. It will also tempt Bongbong Marcos to run and my Bedan classmate, Rod Duterte can be lured back and he may succumb to the clamor of a sizeable number. Expect at least five (5) presidential candidates in 2016.



Why? Arithmetic!  Counting on his or her perceived base, a division will make each candidate think that the probabilities to win are there. 


Binay became VP in large part because he identified with PNoy under the NoyBi banner during the 2010 elections. Being in PNoy’s Cabinet, he continued to enjoy the benefits of such identification that included good and clean governance and high ratings until corruption charges against him erupted.  Binay’s resignation and attacks against PNoy make him an enemy. As expected, he is no longer the preferred choice to succeed PNoy as president. 

Poe topped the Senatorial elections first, because of the memory of her father (Fernando Poe, Jr.) and second, because of her identification with PNoy and “Tuwid na Daan” instead of the likes of Estrada, Enrile and Binay. There is nothing in her experience, expertise, and academic background that could propel her to the top in lawmaking like Claro Recto, Raul Manglapus, Manny Manahan, Lorenzo Sumulong, Arturo Tolentino, Jovito Salonga, Ninoy Aquino, and even Ferdinand Marcos. 



Neither is Grace Poe’s two-year experience and achievement as a Senator a good basis to deserve top billing as PNoy’s successor. Right now, her ratings and the above-mentioned reasons are the only justification. We know that these can change.



What happens if she runs but is not endorsed by PNoy? She would then be running against PNoy’s choice, and she has to promote not the “Tuwid na Daan” but “Ibang Daan”.  Will she retain the top ratings and win the presidency? This will depend on how much of the M’s (Money, Materials, Machinery, Manpower) she can muster; how her Message resonates; and how efficient and effective her Management team will be.

Paraphrasing Brutus’ words as applied to Poe, “...as she was fortunate, I rejoice; but as she was ambitious, I slew her.” I expect numerous attempts from both her political enemies and some well-meaning citizens joining to thwart her ambition for the sake of the nation.

Poe is lucky to be getting so much attention at this point in time. But would she be as lucky to win the presidency and run the country? “Luck,” they say, “is when preparation meets opportunity.”

My barber agrees with the Words of Wisdom coming from seasoned and accomplished politician Senator Serge Osmeña when he said, “Mag VP muna si Grace Poe. Six years of preparation would make her a better President.”

Presidency = Money, Machinery, Manpower, Message, Messenger, Management

I will be voting in two presidential elections in 2016 – one for President of the United States of America, and the other for President of the Philippines. This is resulting from my being a dual citizen.

I was also lucky to have had the opportunity to participate in several presidential and senatorial election campaigns in both countries.

It should be safe to say that I was also a keen observer of how national candidates could win in elections in either country.
 As I have explained in my previous columns, to be competitive in presidential elections, one must have what I call the M’s – Money (material resources); Machinery (organization up to the precinct level); Manpower (volunteers and paid employees); Message (Theme, PR, Ads, promotions); Management (Planning, Leading, Organizing and Controlling); and Messenger (credentialed candidate carrying the 4 Hs – Honesty, Hope, Honor, Humility).

In the United States, there are now 33 Republican (17 serious) declared presidential candidates. Four more are expected to announce their candidacies very soon. In the Democratic Party, there are 17 (4 serious) declared and exploratory candidates.

Which one survives in their respective primaries is very dependent upon how he or she can efficiently and effectively acquire, manage, and utilize the above-mentioned M’s to deliver the message and to obtain and deliver the votes.

In a capitalist democracy like the United States, there has been a lot of emphasis on the raising and spending of Money. This is especially after the SCOTUS ruling that

“Political spending is protected under the First Amendment, meaning corporations and unions could spend unlimited amounts of money on political activities, as long as it was done independently of a party or candidate.”

This is one big reason that, of all the Democratic presidential candidates, Hillary Clinton is predicted to be the party’s nominee. Just look at this report: “Among Democrats, Clinton’s lead is colossal. She had 72 percent of Democratic millionaires, and a sizable 23 percent of independent millionaires and 5 percent of Republican millionaires.”


In fact, Clinton is the top pick among 31 percent of millionaires followed by former Florida Gov. Jeb Bush with 18 percent.

That’s just counting the millionaires. How about Clinton’s support among the billionaires?

In an interview, Warren Buffet, the third richest man in the world said, “I would bet even money that Clinton would win the presidency in 2016.”

Let me mention a few of the billionaires supporting Clinton: Alice Walton of Wal-Mart, George (father) and Jonathan (son) Soros, Laura Ricketts (owner of Chicago Cubs), Tom Steyer (The Green Billionaire), Steve Mostyn and Amber Anderson Mostyn, Tim Gill, Sean Parker (Tech investor), Alida Messinger (youngest daughter of John D. Rockefeller, Haim Saban (Entertainment Executive), Pat Stryker (Philanthropist), Nick Hanauer (Venture capitalist), S. Donald Sussman (newspaper owner), Jeffrey Katzenberg (CEO, Dream Works Animation).

The Republican candidates also have their group of millionaire and billionaire supporters led by the Koch brothers.

In the Philippines, the same type of financial supporters are expected but on a lesser degree.

In the 2010 presidential elections, it was to have been a battle of monetary resources. NP candidate Senator Manny Villar, a self-made billionaire, poured the required resources. LP candidate Noynoy Aquino had Cojuangco family support led by billionaire Tony Boy Cojuangco, the business community led by Cesar Purisima and of course, the Yellow group matched Villar’s resources. Erap Estrada still had his loyal financiers. Lakas-CMD candidate Gilbert Teodoro was banking on the substantial support from then President GMA. It never came.

Of course, the other M’s also played major roles in the eventual victory of Noynoy.

For the 2016 Presidential elections, the only declared candidate so far is VP Jojo Binay. The assumption is that he has been preparing for it and has amassed an amount sufficient to mount an effective campaign. The freezing of his and his alleged dummies’ bank accounts could reduce his campaign pot substantially. My barber suspects that “dirty” money from the “Lords” might find their way Into the campaign.

Of all the other potential candidates, Mar Roxas is the only person I know who can launch a very effective and efficient campaign because he has personal and family (Roxas-Araneta) resources, funding from friends, and business colleagues. The LP resources would increase it substantially. A PNoy endorsement would raise it exponentially.

The survey that could help would be that taken a few days before the elections. The only reliable one is the actual election. Until then, the battle is about delivering the Message by the right Messenger, and moving the Machinery and the Manpower to deliver and protect the votes by efficient and effective Management.

Unfortunately, it takes MONEY.