Tuesday, July 26, 2016

PANAY RAILWAYS:


WHAT IT WAS AND WHAT IT COULD BECOME




I’m sure that many Panayanons such as myself,  were quite surprised at President Duterte’s mention of rebuilding Panay railways.  It is no secret that President Duterte wanted to build inter-city railways between cities in the Philippines, he has been telegraphing this even before he was sworn in.  However, most expected him to build them only in Mindanao and Luzon where there are great distances to cover and trains would actually make sense.  But, I must admit that I was quite chuffed to hear that he was considering its rebuilding.  Here are his exact words:



So, we shall also pursue rail projects in Metro Manila and the major key-points in the country including the Mindanao Rail Project [applause]. Hindi ako nagyayabang pero totoo talaga ‘to. Well, depende sa federal. But six years, lalabas talaga ito. I assure you because it’s going to materialize:  Rail projects,  the Davao Transit System, the Cebu Transit System, the North and South Luzon Railways and the Panay Railways project. Kita mo? Panay. Eh taga saan si ano? Eh 'di Panay. Panay ang bigay natin para… [laughter and applause]





Of course, the quote will not be complete without a playful little stab at the good Senator from Iloilo.



What it was sabihin naman ni Senator Drilon, 'Binack-bite ka dito. Lalagyan daw nung ano, yung island mo ng train. May tawa pa.' Binaback-bite ka dito. Mag-sumbong man 'yan. Tingnan mo 'yan.



Facebook Meme





What it was
Panay railways was once famous for being the only railway line outside of Luzon.  The railway began construction in 1907 with one crew starting from Roxas City, Capiz and another crew in Iloilo City, they built the railway from both ends until they met in the middle.  Service began immediately after its inauguration in 1912 with freight and passenger services.  In Iloilo city, the tracks ran all the way up to the port area or Muelle Loney.  Sadly, the railway ceased passenger operations in 1985 and freight operations in 1989 after competition from trucks and buses rendered it unprofitable.



At its height, the Panay Railways had 5 locomotives plying the line at regular times of the day.  There were steam locomotives and later on, there were diesel electric locomotives.  They have all since been scrapped, save for one lone survivor known as Engine 114, which stands a shell of its former self.


Engine 114



Panay Railways still exists as a shell corporation as the company itself still owns substantial property.  Some of the tracks, especially at Passi are used by enterprising people as a makeshift push cart transportation system.



Panay Railways Office



What it will be

Honestly, nobody knows how this is going to turn out, or if the project will ever come into fruition.  The revival of the railway has been teased since the time of President Ramos.  However, reviving the original line running from Iloilo City to Roxas City is very remote.  The original tracks are in disrepair, the bridges have been demolished and the rolling stock are in no condition to run ever again, though, lets not discount that possibility.



Its possible though for new routes to be opened.  An Iloilo City to Caticlan route or routes passing through Antique would be very nice.  Perhaps this will pave the way for inter-island rail tracks—a train that may go through an underwater tunnel to Mindoro or a bridge to Negros.  Indeed, a wider network may finally provide an impetus to construct a “trans-Philippine” rail network in the spirit of the Shinkansen train of Japan.  Just imagine a railway network from Tugegarao City to Davao, what tremendous opportunities this may bring!



Just imagine a railway network from Tugegarao City to Davao, what tremendous opportunities this may bring!



The Shinkansen or bullet train



On a less ambitious scale, the rebirth of Panay railways may come in the form of a commuter rail network servicing Metro Iloilo and the environs.  This may take the form of a tram or Automated Guideway Transit or AGT.




DOST is currently testing a locally produced version of an AGT.
Is this the shape of things to come?


In any case, the mention of Panay railways in the grand scheme of things may just be that—a mention.  Ultimately, nothing will come to fruition.  Nevertheless, it was a very pleasant surprise for many a Panayanon.  And it just goes to show that maybe, with a little vision and a dream, a modern and prosperous Philippines may yet be achieved.

Sunday, July 10, 2016

#DUBREDO: REALLY MEDIA? COME ON


Sometimes, I think that Filipinos are too shallow and starstruck to make democracy work in this country.  This is no more evident in the uptrend of the twitter hashtag “#dubredo”.  This hashtag refers to the tandem of Philippine President Rodrigo DUterte and Vice President Leni RoBREDO. 

All this arose after the first meeting of the newly inaugurated heads of state and the pair were photographed looking very comfortable with one another, Leni Robredo in particular looking very giggly—like a schoolgirl in the presence of her crush. 



πŸŽΆπŸ˜πŸ’žπŸ’‘ #Dubredo it is! Haha. pic.twitter.com/t0LRctvTyP
— marilou. (@matud411) July 5, 2016



Later, more “shipping” happened when Duterte asked Robredo if she wanted to head the Housing and Urban Development Coordinating Council (HUDCC).  Twitter was literally blowing up with #Dubredo memes.

What kind of people have we become that we let this touchy-feely, kilig-ness affect our national consciousness?  Makes me question the sort of logic “Dubredo” voters applied last May 9.


More disturbing is how this shipping is somehow worthy of being featured in the news.  Did Duterte’s boycott of the Media reduce them to reporting mush?  Or is it because the persons allied with the Liberal Party are fighting to keep their party relevant in the new administration?  One would think that the media, in the face of the criticism arrayed against it by Duterte would strive to report on things of greater substance than kilig-ness mush.


 




All this may just seem like harmless fun, but I can’t help but think that there is a darker side to all this.  It is no secret that Duterte and Robredo come from opposing political parties, and that there is actual enmity between them.  During the election campaign, Robredo would go along with her running mate Mar Roxas’ negative portrayal of Duterte as a dictator and would spread black propaganda.  Some have also theorized that former president Fidel Ramos put some pressure on Duterte to give Robredo a position in his cabinet.  Duterte, in turn, complied but just offered the HUDCC, a post that has been held by the past two Vice Presidents and is a fairly low-key post. 



Duterte is probably hoping that that Robredo just stays quiet in the post he gave her.  It is well known that the Vice President in the Philippine system has no role apart from existing for the purpose of succession in case of the President’s death or incapacity.  It appears that the media is not going to let that happen.  They have just found their new darling.

Thursday, May 26, 2016

PEOPLE v. QUIDATO


PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO QUIDATO, JR., accused-appellant.



Topic:  Disqualifications as a witness; when it applies.



FACTS:

Accused Bernardo Quidato Jr was accused of parricide.  He and two co-conspirators allegedly attacked with a bolo and iron bars hack and stab the victim, Bernardo Quidato Sr., appellant’s father and namesake, which caused the victim’s untimely demise. 



Among those presented as witness were accused’s wife and brother.  Also presented were the extrajudicial confessions of appellant’s two other co-accused.  Appellant’s wife testified that while the accused were drinking tuba she overheard them saying that they were planning to go to the victim’s house on the night of the incident in order to “get money” and that she had no idea of what later transpired. Appellant objected to his wife’s testimony as it was prohibited by the rule on marital disqualification.  Appellant likewise denies the allegations of his co-accused who in their extrajudicial confession pointed to the participation of appellant.



ISSUES:

1. Whether or not the extrajudicial confessions should be given credence as they were obtained in violation of the constitutional right of appellant to confront witnesses.



2. Whether or not the testimony of appellant’s wife is disqualified.



HELD:

1. NO. They should not be given credence, and indeed, appellant should be acquitted.  The prosecution relied heavily on appellant’s co-accused’s affidavits.  However, the failure to present the affiants in the witness stand gives these affidavits the character of hearsay.  It is hornbook doctrine that unless the affiants themselves take the witness stand to affirm the averments in their affidavits, the affidavits must be excluded from the judicial proceeding, being inadmissible hearsay. “The voluntary admissions of an accused made extrajudicially are not admissible in evidence against his co-accused when the latter had not been given an opportunity to hear him testify and cross-examine him.”



Section 30, Rule 130 is not applicable in this case because it refers to confessions made during the existence of the conspiracy.  In this case, the conspiracy had clearly ended by the time the confession was made.



2. YES.  The testimony of appellant’s wife must be disregarded.  As correctly observed by the court a quo, the disqualification is between husband and wife, the law not precluding the wife from testifying when it involves other parties or accused, but not where the testimony will be used against the accused-husband directly or indirectly.



DECISION: 

Given the inadmissibility of accused’s wife’s testimony and the extrajudicial confession of co-accused, the appellant is hereby ACQUITTED.

Wednesday, May 25, 2016

PEOPLE vs. ACUΓ‘A


ACUΓ‘A, JESUS RAMOS and ANTONIO (TONY) DIONISIO, defendants.



Topic:  Qualification of adult witnesses.



FACTS: 

Defendants were charged with murder.  The complaint stated that they conspired together and assaulted the victim, Tranquilino Mariano, and while two of the accused were holding him, one was hitting him by a 2x2 piece of wood.  Then they stabbed him to death.  There were a number of witnesses who saw the beating and another who saw the accused dragging a dead body.



The RTC convicted the accused and hence this appeal.  The main issue in this appeal is the credibility of the witnesses.  Accused claim that they should have noticed the witnesses if they claim to have been there when the crime was happening, the fact that accused “did not notice the witnesses’ presence” makes their testimony incredible. The witnesses were also first cousins of the victims and they failed to report the incident immediately.



ISSUE:

Whether or not the witnesses’ testimony is incredible.



HELD:

NO.  First, where the issue is the credibility of the witness, the Supreme Court, as a general rule will not disturb the findings of the lower courts as regards to their findings of the witnesses’ credibility. 



As to the fact that accused “did not notice” the presence of the witnesses, it was correctly pointed out by the prosecution that the accused were probably too engrossed with their assault to have noticed the witnesses.  Besides, the area where the incident occurred was partly concealed by gumamela plants hence it was possible for the witnesses to see the incident without being seen.



It is also true that the witnesses were first cousins but “there is nothing in our laws that disqualifies relatives of a victim from testifying in a criminal case … so long as said relatives who were actually present at the scene of the crime, witnessed its execution.”  Furthermore, there was no showing of ill-motive.



The fact that they failed to report the incident immediately is also understandable. The accused were locally known troublemakers who would intimidate people once they fell under the influence of liquor.  The court also takes judicial notice that the witnesses were town mates and must have feared reprisals.  Such reticence has been declared as not affecting credibility.



The witness who saw the accused dragging the cadaver, likewise reported the incident 6 months after the incident.  The court held that this does not affect the credibility of the as it relates to a matter that occurred after the crime was committed and merely corroborates the testimony of two other credible witnesses (the cousins) who actually witnessed the incident.



DECISION: Guilty.

Sunday, May 22, 2016

MAHINDRA TRUCKS: THE PNP APPEARS SATISFIED


I have blogged before about how I felt that Indian cars would produce great customer satisfaction for a Filipino motorist.  I wrote that:

Their cars are rugged and durable. Mahindras, Hindustan Motors, Tata and Maruti/Suzuki have built a reputation for simplicity and quality.
x x x
“Indians are also technically proficient. A quick look at their internet forae and the number of car programs as seen on youtube shows that the Indian is a discerning motorist. I also suspect that the road conditions in India are so much worse than in the Philippines that a car built for India would have no trouble negotiating the potholes and floods of Manila and the dirt and mud of the Provinces.”

Thus, when word came out that the Philippine National Police was going to acquire Mahindra Enforcers (known in India as the Bolero), I was thrilled.  I knew that my hypothesis was going to be proved correct, so much so that when the Senate questioned the acquisition, I wrote in favor of it.



Mahindra Enforcer PNP Patrol Car

More than a year later, is my hypothesis correct?  It seems so.  In the May 20, 2016 edition of the Philippine Star* explains that the PNP is very satisfied with the Enforcer’s performance.  Antonio Mallari, Jr., the after sales director stated that only 61 of the the 1,470 Enforcers or only 4% have been brought to Mahindra’s service depots for minor repairs and preventive maintenance.

Keep in mind that these vehicles have been in use for over one year and under “rigorous usage” as patrol cars.

So there you have it folks, Indian cars can cope well in Philippine conditions.  They are rugged and reliable.  Sure, they don’t look “pogi”, but for some, that isn’t important.

Will the government consider getting more Indian vehicles?  Will you consider getting one? I for one, consider them great value for money, an Enforce costs between P750,000 for the lowest spec, single cab model to P995,000 for the top of the line double cab, 4x4 version.

The Sad Fate of Grace Poe and Alan Purisima
The award of the contract to Mahindra will be the only project I will commend the now-discredited and shamed Gen. Alan Purisima for.  To be fair, he deserves to be thrown in jail for graft and corruption if not for his flat out incompetence.  But this acquisition shall be his enduring legacy.







Alan Purisima

On the other hand, when Senator Grace Poe openly questioned the acquisition of Mahindra trucks to be used by the PNP, I criticized her.  The neophyte senator displayed her ignorance of the motoring world.  I could never trust her to make our laws and I could not trust her with the top post in government.


Grace Poe
---
*I could not find this article online, however, I was lucky enough to have snapped a picture of the article as it appears on print.  Here it is below.




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Tuesday, April 12, 2016

MARTIAL LAW AMNESIA? NOT!

This article is a response to a Philippine Star Opinion Piece Written by Crispin C. Maslog dated April 12, 2016.

An opinion piece recently appeared in the Philippine Star entitled Martial Law Amnesia written by Crispin C. Maslog.  This is a cut and dried piece basically explaining how the Marcoses abused their power during Martial Law and because of this, we should not elect Ferdinand “Bongbong” Marcos Jr., as Vice President. The article begins with an explanation as to how the Millennial generation is not to blame for “Martial law amnesia”.  Maslog explains that this is because their generation “did not teach history properly”, and then he proceeds to talk about how President Marcos wanted to increase his term, suspended the constitution and declared martial law and how everything went downhill after that et cetera, et cetera.

I am a Millennial and forgive me Mr. Maslog, but this sounds eerily like what we have been indoctrinated in in school.  This is the same history and the same discourse that is being taught to the kids today.  I will give Mr. Maslog credit though, he has come to terms with the fact that it is not the Millennial’s fault for the historical revisionism and glamorization of the Martial Law period, but this is not for want of being told stories of the “horrors” of Martial Law rule.  I’ll put it to you plainly, this is a reaction to the failures of Maslog’s generation.

Filipino Millennials
(source: Philippine Star)

Let me be blunt about this, everything that the Martial Law generation did after 1986 makes me want to puke.  What we are seeing today is a reaction to the incompetence and failure of the Martial Law generation to create a better and more prosperous Philippines after the dictator was toppled.  Newsflash! The Millennial generation has come of age.  No longer do we look up to the previous generation who, after 30 years, represents nothing but stagnation and incompetence to us.  My generation knows that what we want is a leader who has genuinely created in us a sense of hope for the future—a leader who, to us represents a future that does not involve having to choose “lesser evils”, a country that is united to achieving status and prestige. 

-o0o-

These times remind me of 2010.  There was a man, then running for President, his name was Gilbert Teodoro.  Of all the candidates then, it was only he who could give us a vision of the Philippines “taking off”.  His vision of the Philippines then was one where the Philippines had a credible military, a booming economy and self-sufficiency.  A lot of the youth could relate with this and it is not surprising that in college polls, Teodoro always came out on top.  My generation wanted this man in office.  Instead, the Martial Law generation disappointed and further disillusioned us when, riding on a wave of sympathy and nostalgia of the Cory years, voted her son into office knowing full well that he was not prepared for such a position.



He was popular with the youth, it’s just too bad that many were too young to vote in 2010

Times have changed though, in 2010, a lot of Millennials were still under 18 years old.  Many were in college or were fresh graduates—we didn’t have a say at all.  Now, the Millennials are all above 18 years old, many are independent and holding positions in middle to upper management, many are married and have children.  The Millennials are becoming increasingly aware of the political and persuasive power they hold and are more than willing to think for themselves.  On the other hand, the Martial law generation has aged, many have died, others have lost parental authority over the Millennials.  Yes, that generation has failed and disappointed us Millennials.  We all know what happened after—six wasted years.

The Millennials are becoming increasingly aware of the political and persuasive power they hold and are more than willing to think for themselves. 

The article ends stating:

The history of this economic plunder is one of the blind spots in the minds of the Filipino millennials today.  It worries me and my generation no end, that the son of Ferdinand Marcos is running for vice president of the land, and be just a heartbeat away from the presidency. If that happens, philosopher George Santayana may again be proven right when he said long ago that a people who do not remember their past are condemned to repeat it.


My generation knows this.  Our history of economic plunder continues.  It continues today with the mismanagement and cronyism of the current administration.  With all due respect to Mr. Maslog, my generation lives through this, every day when we ride the decrepit trains, pay for overpriced electricity and telecom, line up for hours at government offices, see news of starving farmers and yet another massacre, whenever we see incursions in our territory and how powerless our military is to stop it.  Make no mistake, we are repeating history, it just looks like the role of villain and hero has been reversed.