National Artist

National Artists ask Supreme Court to stop 2009 awards rites
By Edu Punay (The Philippine Star) Updated August 20, 2009 12:00 AM

MANILA, Philippines - Groups of artists and concerned citizens yesterday trooped to the Supreme Court (SC) to stop the government from conferring the National Artist award on film director Carlo J. Caparas and three others over alleged violations of rules and the Constitution.

The petitioners, led by former recipients of the prestigious award, asked the High Court to issue a temporary restraining order enjoining the Palace from awarding Caparas, Cecille Guidote-Alvarez, Jose “Pitoy” Moreno and Francisco Mañosa, whose names were reportedly added by President Arroyo in the shortlist submitted by the National Commission for Culture and the Arts (NCCA) and the Cultural Center of the Philippines (CCP), the two bodies tasked by law to select National Artists.

(Please read the whole story from Philstar by clicking on the title above)

My take:

I will take exception on this and dip my fingers in non-police or law enforcement issue.

I really cannot comprehend the ruckus being raised by these past awardees of THAT "National Artist" title. Looking at their names, as a Filipino National, I believe that they should be familiar to me, just like I am familiar with Jose Rizal as my national hero, the carabao as my national animal, the maya or eagle (whatever) as my national bird, etc. But national artists Virgilio Almario for literature, Bienvenido Lumbera for literature, Benedicto Cabrera for visual arts - painting, Napoleon Abueva for visual arts - sculpture, and Arturo Luz for visual arts - painting and sculpture? Well, I may be extremely art illiterate that I haven't heard of them yet but looking at their wikipedia entries, the common denominator of these people is that all their works are unheard by me and most probably only appreciated by their peers. I saw some pictures of Ben Cabrera posing in front of some of his paintings and I for the life of me cannot see why I should have paid him--a cash award of P100,000, a monthly pension, medical and hospitalization benefits, life insurance, arrangements and expenses for a state funeral, a place of honor at state functions, and recognition at cultural events,emoluments of a National Artist under the law, from funds that come from my taxes paid in blood, toils, tears, and sweat--for all those paintings that I cannot understand nor see the beauty considering that they simply look like splatters of paint thrown in a piece of canvass.

Now, why not Carlo Caparas? Since my elementary days, he made me familiar with Tagalog (not Filipino duh, don't kid yourself, TAGALOG!) language which is not my spoken language at home. He made me familiar with the happenings in other parts of country with his colorful stories (Though illusrated by other artists, I think he has the right to claim ownership of those characters for himself. The illustrator can be replaced anytime and the story remains the same but that cannot be said about the writer. Walt Disney characters and cartoons are the work of many illustrators, but they all remain faceless and nameless except for a short moment in the end credits. All credits virtually go to Walt Disney himself!)

My point is that, maybe it is time that a National Artist come from the ranks of the masa. Somebody who does not kowtow to the whims and caprices of the high and the mighty in the so-called "art world." Somebody whose work many people understand.

CASE CLOSED?????!!!!!

Case closed: PNP clears ‘euro-general’


By Nancy C. Carvajal
Philippine Daily Inquirer
First Posted 05:08:00 08/20/2009

Filed Under: Euro Generals, Police, Graft & Corruption


MANILA, Philippines—The Philippine National Police had cleared its former comptroller, Chief Supt. Eliseo de la Paz, for accountability of the 105,000 euros seized from him by Russian authorities last year during an Interpol seminar.

“He had returned the money to the PNP and we have cleared him,” Director General Jesus Verzosa told the Philippine Daily Inquirer Wednesday during the inauguration of a new police station in Quezon City.

(Please read the full PDI story by clicking on the link above)

My take:

If only to salvage whatever little credibility left to the PNP as an organization, Director General Versoza should resign together with this pronouncement. What dela Paz did was pure and simple Malversation penalized in Article 127 of the Revised Penal Code which reads:

Art. 217. Malversation of public funds or property. – Presumption of malversation. - Any public officer who, by the reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property wholly or partially, or shall otherwise be guilty of misappropriation or malversation of such funds or property …

The malversation was CONSUMMATED. If not for the interference of Russian authorities, we would have not known of this at all! It is immaterial whether dela Paz returned the money or not: the crime was already completed and his act of returning the money is actually an evidence against him! It shows that indeed, the disdursement of the money is unauthorized in the first place. Having stated this, then all the previous statements made by the PNP top brass during the early days of this case are then barefaced lies. It was, at one time or another, claimed that the money is for the allowances of delegates, for procurement of surveillance equipments, private money for purchase of chandeliers and watches, etc. Now the PNP finally says that it was returned to the national treasury. So what is the truth all along?

Badge of Honor? Hahahahahaha!

Fortun Strikes Again

PNP crime lab hits back at forensic expert

MANILA, Philippines—The chief of the police Crime Laboratory on Friday lashed back at a forensic expert who claimed the body found in a steel drum fished out of the waters off Navotas was not that of Ruby Rose Barrameda-Jimenez.

“We did our best,” Chief Superintendent Arturo Cacdac on Friday said, adding in the end it would be up to the courts and the Department of Justice whom to believe.

The camp of Manuel Jimenez II, citing Dr. Raquel Fortun’s findings, has claimed that the body recovered by police was not of Ruby Rose.

My take:

The PNP may not be the most credible institution in the country today. But despite all its failings and shortcomings, to be bamboozoled like this by Fortun is the height of arrogance on the part of the Jimenezes and Fortun herself. Fortun may have won the public in the Failon suicide case. But looking at the bottomline, if Ted really wants to completely exonerate himself, why did he refuse a joint autopsy between Fortun and the PNP Crime Lab people? Why, is he afraid that Dr. Fortun may not be able to defend her findings if challenged by PNP doctors in front of Trina's body?

And now here comes again Dr. Fortun saying that the body fished out Manila Bay cemented in a drum is not of Ruby Rose's? Despite the testimony of the perpetrator himself who has nothing to gain and everything to lose in confessing to the crime except to just clear his conscience? This appears to be Failon Scandal all over again. As very authoritatively pointed out by Atty Alan Paguia in a forum before the National Press Club, to warrant a conviction, you need proof beyond reasonable doubt. With the statements of Fortun, doubt is now injected in the case.

So how credible is Fortun? Google says that she is the 18th prosecution witness in the Nicole Subic Rape case. She was was the one who said that a police lab exam that found no traces of semen on the condom that was said to have been used in the alleged assault or on the woman’s underwear was an “old” procedure no longer used in modern forensics. “It is believed unreliable,” Fortun said.

Her testimony was among those considered in the conviction of Daniel Smith. And now we know the truth...

Ted Failon, et al. Part 6 (NBI Speaking)

Today, May 22, 2009, Friday, NBI came out with its final report on the death of Trina Etong: it is suicide. According to the Inquirer report, the NBI arrived on its finding after "careful perusal of the testimonial evidence and conscientious evaluation" and concluded that it was money matters that drove Trina Etong to put a gun in her head. But in the same vein, the news also quoted that "Mantaring skated around questions on the amount of money involved or details of the financial losses or how they were incurred, citing purported bank secrecy laws."

You can read the other details of the case in several news outlets but here is my take on the situation:

1. In all news reports, everyone seemed to be happy. While there is "that" expected threat from Ted Failon to get back at QCPD policemen who "roughly treated" him and his family in the early part of the investigation, there appeared no real and honest to goodness effort on his part to make good of this threat. His priority now is to go on vacation and spend quality time with his family.

2. Even the QCPD policemen, who were adversely affected by this NBI conclusion also seemed to be contended with the turn of event. Supt. Mabanag was quoted by PDI that he will not dispute the findings of the NBI, shrugging it off as "let it be."

So what do I make about all this? Here are the ifs and thens and the threfores and buts:

1. IF this case simply dies out a natural death (everybody happy), then we can safely bet that if Noli becomes the President in 2010, then Ted becomes the Executive Secretary. The DOJ Chief is still Raul Gonzales (and if he is dead by then it will be Nestor Mantaring) and the SILG will still be Ronaldo Puno.

Why?

Ted knows that he is guilty of shooting his wife. Everyone knows he is. QCPD, most especially, provided almost incontrovertible forensic evidence of his guilt. So why the NBI conclusion?

Of what use is Ted the jailbird to this government? This government cannot afford another open war with the media. But with Ted safely hooked in the end of a very sturdy line, what are the possibilities? Noli is a frontrunner in 2010. The Lopez Group of Companies are ready for the picking. If Noli fails, Korina is the First Lady. In short, Ted is the master key that will open almost all the doors in Takeshi's Castle!

All happy. As for the other players, this is how I see that they will fan out in the future:

Ted Failon continues to be a high profile personality. But this time, he will be praising this government to high heavens (including QCPD).

Pam continues to be "THAT" woman. hahaha!

The children will continue to look at Pam as their real mother, just like it used to be.

Carlota Morbos (the househelp) continues to serve Ted's household but this time as a "mayordoma" in charge of everything in the house.

The driver and other househelps continue in their jobs with double the salary (until [or unless] Ted decides that it will be cheaper if they go the "Trina Way.")

2. IF Noli gets wind of this and fires Ted or even just distances himself from his best friend, then Ted loses half of his expected value to his puppeteers. Expect the reopening of the investigation and expect a totally different result.

3. IF ABS-CBN gets wind of this and fires Ted or even just distances itself from its blue chip news reader, then Ted loses half of his expected value to his puppeteers. Expect the reopening of the investigation and expect a totally different result.

4. IF one of the players gets a sudden conscience hit, then...

To be continued?

or the end?

Ted Failon, et al. Part 5 (NAPOLCOM speaking)

So, NAPOLCOM has suspended six people for excessive use of force. No problem that is okay. Let us examine the list: Mabanag, Ratuita, Perdozo, Razon, Abad, and Marcelo. For Mabanag and Ratuita, the order may be valid as they were there when the incident happened (But mind you, I think the NAPOLCOM is doing a big injustice in dignifying the complaint! The police just did their job! But that is another story.) But Pedrozo? He just happened to be the Station Commander covering New Era Hospital. he cannot stop Mabanag and Ratuita who were his seniors! He was not even there! And worse for Abad and Marcelo, they were just the investigators and had no participation whatsoever in the arrests. This is worst for Marcelo: while all these scuffle were on going, she was watching the incident on TV with her daughter in her office at the Investigation Division of QCPD!

Well, well, well. What can you expect of NAPOLCOM with Escueta? Is this not the same Eduardo Escueta who summoned Rivermaya Manager Lizza Nakpil during the height of the Rivermaya brand label controversy? Nakpil simply laughed at Escueta's stupidity. She should have even haled him to court for grave abuse of authority. Commissioner Escueta joined the fray because his son, Mark Escueta is among the protagonists as a member of Rivermaya! Hello Commissioner! Rivermaya is a civilian band, not a police unit!

Ted should not have cremated his wife. He should have preserved her until the technology for brain transplant becomes available. He has a very good brain donor in Commissioner Escueta: brain only slightly used!

Ted Failon, et al. Part 4 (Fortun Speaking)

In a PDI article, Dr. Raquel Fortun has this picture:

She is demonstrating the estimated postion of the gun in the head of Trina when she committed suicide. Dr. Fortun was quoted saying that the bullet trajectory is upwards.

Ok Dr. Fortun, if that is the case, please find the position of Trina's head at the time the trigger is pulled so that the impact of the bullet hits the wall behind the toilet. The impact point is less than 2 feet above the floor and is about two inches away from the adjacent wall.

For interested readers, here is a screen grab of Failon's toilet:

The impact point is between the far wall and the toilet bowl. It is about 2 inches from that wall. Also, the impact point is less than 2 feet from the floor, a lot lower than the top cover of the water tank for the toilet flush.

So how do you position Trina's head so that the trajectory of the bullet is upwards, yet the final impact point in the wall is this low? There is only one way: put Trina's head near the floor! But what about the statement of househelp Carlota Morbos where she said that she found Trina propped up against the wall and the gun is in her right but at her feet?

This reenactment is based on the statements of Ted and the other persons in the house themselves!


You be the judge but for me, Dr. Fortun should shift to fortune telling!

Ted Failon, et al. Part 3 (Speaking to the Living)

So Ted Failon had spoken, with him filing it all at the prosecutor's office. With his lawyer as the talking head, his official stand in the obstruction of justice charges is "There is no obstruction of justice because there is no crime to start with. Suicide is not a crime." Oh. How convenient. His wife died in the most unusual circumstances yet in an instant, he declares it suicide. How unusual? Well, even right at the start of the incident, his recollection is different from that of his househelp Carlota Morbos. According to Ted, he found his wife lying in a pool of blood on the floor near the toilet bowl while Morbos told the police that she saw Trina sitting propped up against the wall in front of the toilet bowl. They opened the door at the same time--and they both agreed on this in their official statements! Is it possible that Ted and Morbos are looking at the same scene yet saw two different things?

Or is it possible that when Ted shot Trina, she fell to the floor and laid in her pool of blood near the toilet. This could be what was imprinted in his mind. As a husband--her wife is still alive at this time--he propped her up againt the wall in sitting position, locked the toilet door, then called Morbos to open it together with him. The second scene may be the one seen by Morbos. There is no mistaking on what Morbos saw. She demonstrated it in front of the television cameras for everyone to see.

This contradiction in their statements, at the very least should arouse suspicion.

And Dr Raquel Fortun has now spoken too. The self-proclaimed prime forensic expert stated that Trina committed suicide because the trajectory of the bullet is upwards as shown by the wounds on the head of Trina. Now, she made this statement despite (or because of?) the earlier rumors attributed to the QCPD SOCO that the bullet trajectory is downwards. Be that as it may, as there is a real possiblility to put in question the credibility of both camps, how does Dr. Fortun now explain the findings of SOCO (and everyone who had been in that bathroom during the second search) that the bullet impact is behind the toilet bowl? The impact point is no more than 2 feet from the floor. With this incontrovertible information based on verifiable and well documented evidence, what does it make of the statement of Dr. Fortun? Trina committed suicide with a gun pointing upwards towards her head but the impact point of the bullet is only two feet above the floor. So, conclusion: Trina shot herself while lying down on the floor! But wait! Morbos said that Trina was sitting with her back against the wall! Uh uh. Dr. Fortun's conclusion, to be very generous about it, is questionable. But for me, what she said is impossible.

And Trina had spoken too. She left her blood on the wall. She had her blood on the floor. She also had her blood in the car, in the carpet, in her and Ted's clothes. She even had her blood in his shoes!

And today, Trina is about to be cremated. I only see one purpose for this: Stop her from talking to the forensic experts.

But had Trina said it all yet?

May she rest in peace and justice come upon her!

Ted Failon, et al. Part 2 (Speaking to the Dead)

The dead cannot speak to us directly, but they do speak volumes to investigators, especially to forensics. In Trina's case, what is it that she might be telling us now?

Let me speculate freely as an investigator (well, this is my blog!).

Let us focus on this fact: Trina Etong is dead with a gunshot wound.

Let us focus on this main question: Is it suicide or something else?

Sub-question #1 (Place of incident): If you are Trina and you want to commit suicide, what would you do? Commit suicide in your house and not leave a note why you did it and put doubt on everybody in your house? The note found does not in any way resemble a suicide note!

If you are Ted and Trina actually committed suicide, would you muddle the fact that she indeed committed suicide by cleaning up the scene?

Sub-question #2 (Mode of suicide): If you are Trina and you want to commit suicide, will you be brave and composed enough to shoot yourself in the head? Have you heard about sleeping pills overdose?

If you are Ted and have a beautiful Walter PPK (small enough to be carried in your pants pocket), would you leave it at home? Why did you buy such an expensive weapon designed for concealed carry if you do not want to pack it?

Sub-question #3 (Timing of the suicide): If you are Trina and indeed you wanted to commit suicide, would you call up your husband first? If so, if you hate him and/or yourself that much, don't you want to let him hear the gunshot?

If you are Ted and as you alleged your wife told you something serious enough for you to hurriedly return home and undertime on the job, how serious things are? If your wife insinuated suicide already, is it not logical to call up anybody on the house to check on her before or while driving? And upon arrival at the house, will the first thing that you ask for from the maid is a glass of water?

What could be Trina telling us right now?

Ted Failon, et al. Part 1

By now, except those living in caves, everyone already know the Ted Failon-Trina Etong saga. So much has been said and done already that by now, I will just be another Johnny come lately. But what the heck, here is my cop opinion.

This whole episode would not have taken these twists and turns had everybody told the truth right at the very start and acted in the normal and expected course of things. From a policeman's standpoint, a lot of things will expectedly raise a lot of questions and awaken your investigator's insticts. Let us analyze these things in chronological order:

Chapter 1. The first report about a shooting victim came to the attention of the police at around lunch time. The report is from the duty guard of New Era Hospital. Hohum, normal day. Shooting victim reports are a normal fare in Quezon City. I would love to see a single tabloid without a news item of somebody dying by gunshot wound in Quezon City. That would be a real collector's item. Hospitals are mandated by law to report such incidents that come to their attention. The normal reaction of the police to this report is to send investigators to investigate the incident. The favorite trauma hospital in Quezon City is East Avenue Medical Center and guards there know of this SOP by heart. Not far behind are Malvar General Hospital and New Era Hospital because they are the nearest hospitals to the stabbing and shooting capital of Quezon City: Payatas dumpsite and Litex in Commonwelath Avenue and its environs.

So the report came in at 1:00 PM. QC police sent investigators and found that the victim is a certain Trinidad Etong and that she was brought to the hospital by a certain Teodoro Etong. Now, all of you who smell something spectacular, raise your hands. Who are these Etongs? Please raise your hand if you know them from Adam and Eve. But for the police, whether it is Etong or Failon or Sanchez, investigators follow the same Bible, to quote QCPD Chief Elmo San Diego.

Step 1 of course is find the nearest kin of the victim. After 2 hours, (yes Victoria, 2 hours!) the police was able to find Pamela Trinchera (sister of victim) together with a lawyer, all the while passing away their time in the canteen while the police looked for them in every nook and cranny of New Era Hospital. They were found because the guards cannot stand anymore the elicitation of the policemen. The Etongs instructed the guards not to reveal their identities. Why?

When the police found Pamela, the obvious first question is "Where and when did the shooting take place?" Before Trincera answered this question, she consulted with the lawyer for almost 15 minutes. So the address of Teodoro Etong was given to the police at past 3:00 PM. Oh my...

Question: Is this normal the normal course of things? Why did the Etongs not report the incident to the police? They had 4 hours to make the call. Why is Pamela hesitant to give the place of the incident to the police? Do you need your lawyer to be with you to report a real suicide? Think...

Chapter 2. So the police went to the house of Teodoro Etong at about 4:00 PM. Lo and behold, they were met by Ted Failon. Huh, you are Teodoro Etong? Hehe. And more importantly, is Ted not supposed to be in the hospital at the side of his wife? At this stage, if you are the investigator, will you be not more suspicious than ever?

Chapter 3. The obvious question to Ted is "Where and when did this happen?" So the police where shown the place. But wait, why is the place cleaned already? The lame excuse of Ted is that, "My children will be traumatized if they will see the blood so I have the place cleaned up." Simplest retort to Ted is, "Don't you know that it is illegal? You are a law graduate, a former congressman, know-it-all broadcaster, and yet you did not know that? And most importantly, hindi ka ba nanonood kay Gus Abelgas sa kanyang programang "S. O. C. O.?" Hmmm...

Even just at this point, one can conclude that something is amiss. An investigator worth his salt should by hyped by the facts.

If it was suicide, it would just be too easy to report it to the police. Ted knows what really happened.

It is not suicide...