Sunday, April 26, 2009

Good night, Louie Liwanag

ENQUIRY
DEMAREE J.B. RAVAL

Good night, Louie Liwanag
Sunday, 04 26, 2009

They say that when the heart is full, the mouth could not speak. Especially when what fills the heart is grief, when an unspeakable sorrow burdens the heart, no words are adequate to express this grief.

At best, albeit with great disbelief, one could only surrender to the infinite will and wisdom of the Almighty, and running out of words to say, simply cry out: “God’s finger touched Louie last night, and he slept.

As what Consul General Eduardo de Vega did, when he roused me from my sleep last Wednesday morning with that e-mail all the way from Barcelona, Spain, informing everyone in the Sigma Rho Fraternity that Luis C. Liwanag II, undersecretary in the Department of Budget and Management, is dead at 61.

I am in the middle of a dreadful dream, I told myself. Or the recipient of a cruel prank.

How could Louie Liwanag be dead, when it was not long ago when I saw him in the pink of health, his infectious laughter resonating at the Edsa Shangri-La during the platinum fraternity ball of the Sigma Rho? He was with his son Lean, and we talked a lot about our sons whom we hoped would turn out to be better Sigma Rhoans than we have been or could ever be.

How could Louie venture into that undiscovered bourne from which no traveller would ever return, when he has yet to finish the second revision of a book he was writing which would have enlightened us about the management styles of the five presidents he had served? The chapter on Arroyo’s “experimental conjugal management” would have made for an interesting reading.

How could we lose this magnificent specimen of manhood who played low-handicap golf, drove a mean backhand volley at tennis, ran the full course of marathons and, without even trying, could beat Rene Saguisag in his prime at ballroom dancing?

How we wish we could divert that unalterable move of the Divine Finger so that, by the sheer force of our faith, we could tempt it to rouse Louie from that deep sleep of peace!

Here was a man who, it seemed to us, could not — would not — stop for death… because he was too engrossed in the business of living. And what a life it was! Louie was the crowning glory of the Sigma Rho in his generation. He convened the Inter-Fraternity Council to stem the violence and mayhem that often erupted as a result of juvenile exuberance on campus. To provide healthy outlets for the brawn, he spearheaded the Olympics of Fraternities. To channel the combative urges of the brain, he sponsored debates between student groups. His erstwhile mentor, lawyer Domingo Pauig of Cagayan, recalls that during Louie’s term as grand archon of the Sigma Rho, membership reached an all-time high, and members of the fraternity, inspired by his leadership, rose to supremacy by grabbing the helm of practically all campus organizations.

So it was not by mere whimsy or fanciful notion that the then UP Law dean Irene Cortes described Louie as “Mr. Management Man.” Dean Cortes saw how Louie managed the fraternity in a fashion no different from what a skillful CEO does with his organization. As grand archon of the Sigma Rho, Louie saw to it that its resources — its resident members and alumni — were fully harnessed for effectual activities.

UP Law professor Bartolome Carale had nothing but praises for Louie, thus: “Grand Archon Liwanag leaves behind him a fraternity that will cherish a legacy of intellectual craftsmanship, political acumen and a warm and genial leadership.

This warm and genial leadership, to say the least of Louie’s attributes, had been very much in evidence as Louie, starting from the administration of Ferdinand Marcos down to that of Gloria Arroyo, went the rounds of executive positions in the Public Estates Authority, Marina, LRTA, NHA, BIR, and MalacaƱang as senior deputy executive secretary.

With all his accomplishments at a very young age, and the network he had built, he was being enticed to enter politics. But Louie demurred, preferring to work in silence within the confines of the executive branch.

The general public will remember Louie very well in a TV footage and in news photos of him lazing at the swimming pool of President Fidel Ramos, together with El Tabaco himself, right after Ramos relinquished the presidency to his successor, former President Joseph Estrada. That intimate photo showed the trust and the camaraderie that Ramos placed in, and enjoyed with, Louie, who, despite his outer bonhomie and affable persona, was a competent, dedicated and serious public servant.

On Sundays, a smaller section of the public saw Louie in yet another light of his multifaceted personality: As lay minister at mass at the Malate Church — near where he grew up and went to school at UP Prep and La Salle. A still smaller section of the congregation were privy to the knowledge that Louie was an active member of the Opus Dei, a piety that Louie never flaunted up to his dying day.

And on a personal level that involved the members of his immediate family, he even kept the secret of his surgical operation at the UST Hospital away from his wife and children in order to shield them from needless grief and distress.

Louie was a beautiful soul whose life should teach us not to grieve in the face of death. Truly, Louie died of having passionately lived a life of cheerful radiance, quiet steadfastness, dedication to duty, and familial devotion. He lives on through his wife Ena, children Lean, Trix and Louise, and his fraternal comrades in the Sigma Rho led by lawyer Rey Regalado.

We will miss his friendship, his infectious laughter. We will miss his leadership. We will miss the type of public service that only he could render.

Good night, Louie.


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Sunday, April 19, 2009

Aching for due process (Lacson vs.Villar)

ENQUIRY
DEMAREE J.B. RAVAL

Aching for due process
Sunday, 04 19, 2009

I had a long talk over the weekend with my good friend Rolex Suplico, vice-governor of Iloilo, regarding the Order of the Senate Committee on Ethics and Privileges (CET) declaring the complaint of Senator Jamby Madrigal against former Senate president Manuel Villar as sufficient in form and substance.

The complaint of Madrigal has to do with the alleged use by Villar of his position and influence to relocate or reroute a road extension project in such a way that the road, seemingly by happenstance, would now cut across his properties, and to negotiate the overpriced road rights-of-way through such properties.

Suplico and I are in agreement on one thing: the Order betrays the lack of impartiality on the part of the CET – or, at least, those who signed the Order. [Senators Loren Legarda and Mar Roxas refused to sign the Order]. And I may add: the premature release of the Order - before it could be deliberated by the entire membership of the committee and signed by those who agree with its contents - is a trial balloon to test which way the winds of public reaction blow.

Whoever released the resolution was either deliberately careless or ill-advised, and deserves to reap the scorn and derision of the public for such recklessness. Rather than build up a case against Villar, the Order – or what its contents purport to convey – has weakened the case against Villar and effectively ousted the CET of its jurisdiction to investigate the complaint of Madrigal.

Section 17 of the Rules governing investigations by the CET clearly states that “After the Committee receives a sworn or verified complaint against any Member of the Senate, it shall give notice to the respondent that it will determine within five days form receipt of the complaint whether the complaint has complied both in form and substance...”

Simply put, the determination of sufficiency in form and substance of a complaint can be made only after deliberations by the CET. Absent such deliberations, absolutely no resolution or order can be validly adopted, much less released.

As it now stands, the Order signed and released without the benefit of the entire membership of the CET discussing the merits and demerits of the complaint of Madrigal, is already a pre-judgment of Villar’s guilt, and effectively denies Villar of his right to adduce evidence to prevent a full-blown hearing before the CET. Suplico is right when he insists on “deliberations first before a decision, and not the other way around.”

Before the CET, Villar does not stand a ghost of a chance of expecting any dose of impartiality. Its chairman already has delivered a privilege speech on the matter (or one closely related to it). Four of the five regular members of the CET are themselves presidential wannabes like Villar. So, what verdict could Villar expect but crucifixion, in order that he shall have lost all credibility to stand for election in 2010?

Until now, I still wonder why the rule in many parliaments disqualifying a member (of an ethics committee) from participating in the initial review or investigation of any complaint filed or initiated by him, is not being observed at the Senate. The Senate Rules could be silent on this disqualification rule, but there is always this unwritten rule nonetheless: a member may disqualify himself, at his discretion, e.g., out of a sense of delicadeza.

It could even be conjectured that the CET, as presently constituted, will milk the issue as far as it possibly could, and leave it twisting in the wind, without any final resolution, even until Congress adjourns in February next year for the national campaign period.

These days at the Senate, knowing nods and mischievous winks are exchanged among staffers and cognoscenti every time they note that Proposed Senate Resolution No. 706 was filed way back on October 8, 2008 - yet it is only now that the CET is moving on the complaint of Madrigal! Translation: through this delay, Villar’s presumptive opponents in 2010 sitting in the CET can possibly serialize the hearings, keep the issue alive in the public’s mind without necessarily resolving it, to the point that Villar will be hard-pressed to defend himself against the accusation of graft, corruption and impropriety.

Suplico, who is counsel for Villar, should pursue another tack. He should counsel Villar to himself propose in plenary that he is willing to submit himself to the judgment of his peers, before a special committee created for the purpose of investigating the complaint of Madrigal. The special committee should not include among its members any one of those perceived to be running for the presidency in the 2010 elections. And the special committee should be given a deadline to finish its work, say, 30 days from its constitution and well before November 30, 2009, which the Commission on Elections has fixed as the last day for the filing of certificates of candidacy.

It is Villar’s right to boycott the proceedings before the CET. After all, he cannot expect to be heard and tried by an impartial body. Being a committee that has been ousted of its jurisdiction for not being impartial, the CET should not expect Villar to submit his Answer to the complaint of Madrigal.

Impartiality is at the root of due process. As my students in law school introduced to the precise application of the Bill of Rights very well know, due process is “nothing more and nothing less than the embodiment of the sporting idea of fair play.”

Due process can only be observed and honored by unbiased minds, by senators shorn of arbitrariness, who will not benefit whichever way the special committee will resolve the complaint of Madrigal against Villar.


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Sunday, April 5, 2009

Mar Roxas and the lawyers

ENQUIRY
DEMAREE J.B. RAVAL

Mar Roxas and the lawyers
Sunday, 04 05, 2009

The other week I was in Bacolod for the national convention of the Integrated Bar of the Philippines (IBP). At one point in the swirling bonhomie that invariably ensues whenever lawyers congregate, a compaƱero (Mengdu Pauig of Cagayan) took me aside, and in a mock-whisper said: “Whoever managed to get Mar Roxas to speak should be haled to the Commission on Bar Discipline, there to explain why a non-lawyer must be foisted on lawyers like us who are simply out to comply with the requirement that one must attend a convention to be certified as a member in good standing of the Philippine Bar. After all, a lawyer is expected to conduct himself with courtesy, fairness and candor toward his professional colleagues.”

I could see what Mengdu meant, or, in the strangely un-legalese lingo of colleagues fresh out of law school, where he was coming from.

And where I’m coming from, it does seem that Mar’s participation in the convention was downright “discourteous” to the lawyers present. Because Mar’s wit and wisdom on things legal was a marvel, and I’d be damned if it didn’t emphasize the obvious: That one need not be a lawyer to be able to speak well on legal matters.

Mar’s presence was very “unfair” to some, because it distracted the very serious few in that convention away from the serious business outlined in the agenda. Just imagine the controlled chaos in the photo-ops that ensued after his much applauded speech.

And Mengdu, it seemed, thought that whoever invited Mar was less than “candid,” not forthright about one’s intentions. Mar was brought to Bacolod ostensibly to speak on Upholding the Rule of Law, but, truly, he was brought to be presented as someone to consider among the choices for the presidency of the land.

Mar’s introduction by law professor Abe Estrada, governor of IBP Northern Luzon, was a work of art that relied on a lot of not so subtle titillations. Abe did say that Mar will be the “next President of the Philippines,” but he was cautious enough to say that it all depends on the integrity of the automated elections come May 2010. Abe was profuse with details about the achievements of Mar as a legislator, which was a nice way of saying that if one is an anti-corruption advocate, then he is clean, and therefore the exact opposite of the incumbent president; if one can protect the consumer and the market vendor, the small-time depositor, or the mother who bought a dream for her son, then he can make a good president, very much unlike the incumbent whose protection extends only to choice liars and crooks.

You got to hand it to Abe — he knew how to situate Mar. For his performance, Abe could be a shoo-in for a Cabinet post under a Roxas presidency, not the least of which should be in the Justice department where he and Mar could wage battle for justice for all, an advocacy Abe is very much familiar with in his work at the IBP.

Abe and his delegation — lawyers Richard Tumaneng of Laoag and Mia Cawed of Baguio, among them — had bragging rights to have their pictures taken with Mar after his speech. I stayed away, under my erroneous impression of what constitutes political activity. I have always thought that the IBP is strictly non-political, and that every activity tending to impair this basic feature is strictly prohibited and shall be penalized. But, then again, what is politics but public service in disguise, as Tony Blair may have proposed as a definition.

Mar’s performance brought the IBP down to earth. Here is a presidentiable who is not afraid to flirt with defeat rather than go all-out for victory by bending the law at every turn. His speech must have tugged at the heartstrings of some lawyers and politicians then present, who seek victory even by foul means. Anyway, I’m sure the lawyers aspiring to lead the IBP in a national election year learned about decency from Mar.

Mar’s speech — including how he dealt with the handiwork of politicians in the Legacy Group who obviously know how to use the law to plunder depositors’ monies and smother pre-need beneficiaries’ dreams — exhibited the remarkable intelligence required of a president who is a non-lawyer, the firm grasp by a non-lawyer of a true sense of fairness and justice, and the sincerity of a leader who must grapple with the niceties of the law even as he protects the rights of his constituents.

Here is Mar who is honest enough to admit before a throng of politicians - rather, before the academy of future politicians - that he is one of them; and that being a politician is an honorable calling for as long one adheres to the Rule of Law, be honest about it, and live it for others. I liked particularly that statement of Mar when he said “the presidency is a gift of the people that a politician deserves only if he earns it.

Incensed that he was over the moves for Charter change — not because it will dash his hopes of ever running for president next year, but because it is an abhorrent path to power — Mar had some sobering words to the lawyers: You could be much more powerful and honorable if only you will advocate Charter change in accordance with the Constitution.

Should Mar get to that Palace by the murky river, I have only one request of him: Do away with the detritus in that river, the horrific and tragic scraps of the incumbent president’s failure to rely on her lawyers’ wise advice and her over-reliance on one lawyer’s bedroom advice.


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