TRIVIA 0034: IMPEACHMENT – WHY THE SENATE SHOULD ALLOW PROSECUTION TO INTRODUCE EVIDENCE ON ALLEGED ILL-GOTTEN WEALTH OF CJ CORONA.

A CROWN OF DISTRUST

By: Randy David
Philippine Daily Inquirer

11:02 pm | Wednesday, January 25th, 2012

On the fifth day of his impeachment trial, Chief Justice Renato Corona’s lawyers objected to the presentation of evidence that meant to prove that he had accumulated ill-gotten wealth. They argued that this particular charge is not in any of the original articles of impeachment; hence the evidence offered is irrelevant.

Article 2 of the impeachment complaint is being narrowly interpreted as referring to the Chief Justice’s alleged failure to file and disclose his statement of assets, liabilities and net worth (SALN).  The defense says that, in fact, he did file his SALN, and that its non-disclosure to the public is in accordance with a long-standing policy of the Supreme Court. The question now before the Senate tribunal is whether to allow the presentation of evidence that purports to show that the information contained in the Chief Justice’s SALN is not truthful.  The defense warns that to do so would be to go beyond the scope of the articles of impeachment.

What should the senator-judges do?  The answer depends on what they think is relevant to their constitutionally mandated task as an impeachment tribunal. That task, as I understand it, is to determine the accused’s moral fitness to remain in the office he occupies.  Impeachment thus takes on the form both of an inquiry and a trial. The investigative part is assigned to the House, while the trial is assigned to the Senate.  That much is clear.  What is not clear—precisely because there is hardly any precedent to go by—is whether the Senate is strictly bound by the terms of the articles of impeachment filed by the House.  Or, whether it has the duty and prerogative to construe its role in such a way as to include inquiry into related issues not expressly stated in the charges.

My own view as a lay observer is that the tribunal’s duty is specific and comprehensive at the same time. It is specific in the sense that at the end of the trial, there is only one question to be decided: Should the accused remain in office or not?  But it is also comprehensive in the sense that the offenses for which an impeachable official may be charged do not have the exactness of criminal offenses.  For example, what constitutes “betrayal of public trust”?  This can be anything.  Senator-judges have the duty to arrive at its specific meaning on a case-by-case basis.

When a high government official like the Chief Justice of the Supreme Court files his statement of assets, liabilities and net worth, as required by law, is he not expected, like all government employees, to be truthful in his declaration? Does the mere act of filing satisfy the law? Is it irrelevant to inquire into the veracity of the statement?

It is absurd to think that the House prosecutors were chargingCoronawith simple failure to file his SALN.  No matter how poorly phrased the formal charges may be, it is obvious to anyone who cares to see that Corona is being charged not so much with failure to file or disclose his SALN, but with concealing the true extent and value of his assets.  He stands accused not of negligence, but of corruption. It is this that the prosecution seeks to prove.  And it is this that the Senate impeachment tribunal is being asked to receive evidence and testimony for.

To allowCorona’s lawyers to block such evidence on the ground that it is irrelevant to the charges is to privilege form over substance.  It defies all common sense.  Why go through the trouble of impeaching a chief justice for merely failing to file his SALN?

No, the truthfulness ofCorona’s SALN is what is at issue here.  And there is no other way to determine the correspondence between what he actually owns and what he has declared, and between what he owns and what he legitimately earns, except by comparing his SALN with his tax declarations and government records of his properties.

Coronahimself has said many times that he has nothing to hide.  His lawyers and spokesmen in fact made a virtue out of his belated offer to surrender his SALN to the Senate after the Supreme Court clerk of court initially refused to do so.  If indeed he has nothing to hide, should he not, on his own initiative, authorize the disclosure of all his income tax returns, properties and bank accounts?  Should he not tell his lawyers to stop objecting to the presentation of testimony and evidence pertaining to his personal wealth?  I believe that if he does these, and thereby proves himself clean, he will instantly earn the public’s enduring sympathy.  All the other charges against him will lose force.

But it is unlikely that he will do any of these.  All signs point to the fact that he has a lot to hide.  The senator-judges can make it easy for him to conceal his undeclared properties, or they can make it hard for him by allowing him to be confronted with damning evidence and testimony. They can, in a manner of speaking, vote to keep the “second envelope” sealed, or they can authorize the revelation of its content.  Which will it be?

This is a moment of truth for the Senate.  The public is eager to know what is in those income tax returns and land and condominium titles.  It wants to hear the testimony of people who soldCoronathese properties or hold records of his real estate transactions. His lawyers may persist in their objections, invoking his right to privacy and due process.  But what good does it do their client? At the most,Coronamay get to keep his wealth under wraps—for now.  But, in the eyes of the public, he will continue to be burdened by the crown of distrust he has worn since the day he accepted his midnight appointment as Chief Justice from an outgoing and discredited president.

public.lives@gmail.com

TRIVIA 0033: WHO IS KIM JONG–UN?

HIGHLIGHTS:

·                    ALSO KNOWN AS KIM JONG-EUN.

·                    BORN 08 JANUARY 1983 OR 1984 INPYONGYANG,NORTH KOREA. AS OF JANUARY 2011 HE WAS 27 OR 28 YEARS OLD.

·                    HE IS THE THIRD AND YOUNGEST SON OF THE DECEASED KIM JONG-IL AND HIS CONSORT KO YOUNG-HEE.

·                    ASSUMED OFFICE 24 DECEMBER 2011.

·                    ATTENDED THEENGLISH-LANGUAGEINTERNATIONALSCHOOLOFBERN,SWITZERLANDUNTIL 1998 (15 YEARS OLD).

·                    HE IS SAID TO HAVE STUDIED COMPUTER SCIENCE PRIVATELY IN NORTH KOREA.^[15] HE OBTAINED TWO DEGREES, ONE IN PHYSICS AT KIM IL SUNG UNIVERSITY AND ANOTHER AT THE KIM IL SUNG MILITARY ACADEMY.

From Wikipedia, the free encyclopedia

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For other people named Kim Jong-un, see Kim Jong-un (disambiguation).

This is a Korean name; the family name is Kim.

Kim Jong-un (Korean: 김정은^[5], IPA: [kim dʑʌŋ ɯn]), also known as Kim Jong-eun or Kim Jung-eun,^[6] formerly Kim Jong-woon or Kim Jung-woon^[7] (born 8 January 1983 or 1984),^[8] is the supreme leader of North Korea.^[9] He is the third and youngest son of his deceased predecessor Kim Jong-il and his consort Ko Young-hee.^[10] From late 2010, Kim Jong-un was viewed as heir apparent to the leadership of the nation, and following his father’s death, he was announced as the “Great Successor” by North Korean state television.^[11] He was declared Supreme Commander of the Korean People’s Army on 24 December 2011,^[2] and at Kim Jong-il’s memorial service, North Korean president Kim Yong-nam declared that “Respected Comrade Kim Jong-un is our party, military and country’s supreme leader who inherits great comrade Kim Jong-il’s ideology, leadership, character, virtues, grit and courage”.^[12] His accession is not expected to become fully official until top party, parliamentary and government officials meet to confirm his appointment as General Secretary of the Workers’ Party of Korea and chairman of the party’s Central Military Commission.^[12][13]

He is a Daejang in the Korean People’s Army, a military rank equivalent to that of a General.^[14] Kim is said to have studied computer science privately in North Korea.^[15] He obtained two degrees, one in physics at Kim Il Sung University and another at the Kim Il Sung Military Academy.^[16][17]

Early life

Kim is thought to have been born in 1983 or early 1984.^[8] Intelligence sources give his date of birth as 8 January 1984.^[3]

He attended the English-languageInternationalSchoolof Bern, Switzerland, until 1998 under a pseudonym.^{[18][19][20][21][22]} Former classmates have asserted that he attended Gümligen International School or Liebefeld public school. In Liebefeld, he told his friend Joao Micaelo that he was the son of the North Korea leader, though Micaelo said he didn’t believe him at the time.^[23]

Kim was described as a shy child who avoided communication with unfamiliar people and was only distinguished for his competitive nature, particularly in sports, and a fascination with the NBA and Michael Jordan. One friend claimed that he had met and even had pictures taken with Kobe Bryant and Toni Kukoč, but was unsure where.^[24] He reportedly stayed in Switzerland – neutral in the conflict between North and South Korea – until late 1999 or early 2000 when former classmates claimed he “disappeared”. The ambassador of North Korea in Switzerland, Ri Tcheul, had a close relationship with him and acted as a mentor while there. The Kim clan is said to organise family meetings at Lake Geneva and Interlaken.^[25]

For many years, only one confirmed photograph of him was known outside North Korea, apparently taken in the mid-1990s, when he was eleven.^[26] Occasional other supposed images of him surfaced but were often disputed.^{[27][28][29][30]} It was only in June 2010, shortly before he was given official posts and publicly introduced to the North Korean people, that more pictures were released of Kim, taken when he was attending school in Switzerland.^[31][32] The first official image of him as an adult was a group photograph released on 30 September 2010 at the end of the party conference that effectively anointed him, in which he is seated in the front row, two places from his father. This was followed by newsreel footage of him attending the conference.^[33]

Succession

Pre-2010 Party Conference speculation

His eldest half-brother, Kim Jong-nam, had been the favourite to succeed, but reportedly fell out of favour after 2001, when he was caught attempting to enter Japan on a fake passport to visit Tokyo Disneyland.^[34]

Kim Jong-il’s former personal chef, Kenji Fujimoto, revealed details regarding Kim Jong-un, with whom he shared a good relationship,^[35] stating that he was favoured to be his father’s successor. Fujimoto also claimed that Jong-un was favored by his father over his elder brother, Kim Jong-chul, reasoning that Jong-chul is too feminine in character, while Jong-un is “exactly like his father”.^[36] Furthermore Fujimoto stated that “If power is to be handed over then Jong-un is the best for it. He has superb physical gifts, is a big drinker and never admits defeat.” When Jong-un was 18, Fujimoto described an episode where Jong-un questioned his lavish lifestyle and asked, “We are here, playing basketball, riding horses, riding Jet Skis, having fun together. But what of the lives of the average people?”^[36] On January 15, 2009 the South Korean news agency, Yonhap, reported that Kim Jong-il appointed Kim Jong-un to be his successor.^[34][37]

On March 8, 2009, the BBC reported rumors that Kim Jong-un appeared on the ballot for elections to the Supreme People’s Assembly, the rubber stamp parliament of North Korea.^[38] Subsequent reports indicate that his name did not appear on the list of lawmakers,^[39] however he was later elevated to a mid-level position in the National Defense Commission, which is a branch of the North Korean military.^[40] Reports have also suggested that he is a diabetic and suffers from hypertension.^[7][41]

From 2009, it was understood by foreign diplomatic services that Kim was to succeed his father Kim Jong-il as the head of the Korean Workers’ Party and de-facto leader of North Korea.^[42] He has been named “Yŏngmyŏng-han Tongji” (영명한 동지), which loosely translates to “Brilliant Comrade”.^[43] His father had also asked embassy staff abroad to pledge loyalty to his son.^[41] There have also been reports that citizens in North Korea have been encouraged to sing a newly composed “song of praise” to Kim Jong-un, in a similar fashion to that of praise songs relating to Kim Jong-il and Kim Il-sung.^[44] Later in June, Kim was reported to have visited China secretly to “present himself” to the Chinese leadership, who later warned against North Korea conducting another nuclear test.^[45] The Chinese Foreign Ministry has strongly denied that this visit occurred.^[46][47]

North Koreawas later reported to have backed the succession plan, after Kim Jong-il suspended a propaganda campaign to promote his youngest son.^[48] His birthday has since become a national holiday, celebrated on January 1, according to a report by a South Korean website.^[49] He was expected to be named on 28 September 2010 as successor to his father as leader of North Korea.^[50][51][52]

Former U.S. President Jimmy Carter visited China in early September 2010, and discussed the issue of North Korean leadership succession with Chinese Premier Wen Jiabao. According to Carter, Wen told Carter that Kim Jong-il had said to Wen that Kim Jong-un’s prospective promotion to paramount leader of North Korea was “a false rumor from the West“.^[53]

Vice Chairman of the Central Military Commission

Kim Jong-un was made a Daejang, the equivalent of General in the United States,^[14] on 27 September 2010, a day ahead of a rare Workers’ Party of Korea conference in Pyongyang, the first time North Korean media had mentioned him by name and despite his having no previous military experience.^[54][55][56] Despite the promotion, no further details, including verifiable portraits of Kim, were released.^[57] On 28 September 2010 he was named vice chairman of the Central Military Commission and appointed to the Central Committee of the Workers’ Party, in an apparent nod to become the successor to Kim Jong-il.^[58]

On October 10, 2010, alongside his father the North Korean leader, Kim Jong-il, Kim Jong-un attended the ruling Workers’ Party’s 65th anniversary celebration. This was seen as fully confirming his position as the next leader of the Workers’ Party. Unprecedented international press access was granted to the event, further indicating the importance of Kim Jong-un’s presence.^[59] In January 2011, the regime began purging around 200 proteges of both Jong-un’s uncle-in-law Jang Sung-taek and O Kuk-ryol, the vice chairman of the National Defence Commission of North Korea, by either detention or execution to further prevent either man from rivaling Jong-un.^[60] In the following months, Kim Jong-un was given more and more prominence as he accompanied Kim Jong-il during several “guidance tours” and received gifts from foreign delegations and personages, an honour traditionally awarded only to the living supreme leader. He was also listed second only to Kim Jong-il himself in the funeral committee for Jo Myong-rok.

After Kim Jong-il’s death

On December 17, 2011, Kim Jong-il died. Despite the elder Kim’s plans, it was not immediately clear after his death whether Jong-un would in fact take full power, and what his exact role in a new government would be.^[61] Some analysts had predicted that when Kim Jong-il died, Jang Sung-taek would act as regent, as Jong-un is too inexperienced to immediately lead the country.^[62] On December 25, 2011, North Korean television showed Jang Sung-taek in the uniform of a general in a sign of his growing sway after the death of Kim Jong-il. A Seoul official familiar with North Korea affairs said it was the first time Jang has been shown on state television in a military uniform. His appearance suggests that Jang has secured a key role in the North’s powerful military, which has pledged its allegiance to Kim Jong-un.^[63]

The cult of personality around Kim Jong-un has been stepped up following his father’s death. He was hailed as the “great successor to the revolutionary cause of Juche“, “outstanding leader of the party, army and people”,^[64] “respected comrade who is identical to Supreme Commander Kim Jong-il”,^[65] and chairman of the Kim Jong-il funeral committee. The Korean Central News Agency described Kim Jong-un as “a great person born of heaven,” a propaganda term only his father and grandfather had enjoyed,^[66] while the ruling Workers’ Party said in an editorial: “We vow with bleeding tears to call Kim Jong Un our supreme commander, our leader.”^[67]

He was publicly declared Supreme Commander of the Korean People’s Army on 24 December 2011.^[2]

On 26 December 2011, the leading North Korean newspaper Rodong Sinmun announced that Kim Jong-un has been acting as chairman of the Central Military Commission^[68] and supreme leader of the country, following his father’s demise.^[69]

Name

His name was first reported as 김정운 (金正雲), possibly an error in transliterating the name from Japanese to Korean, as the Japanese language does not distinguish between 운 (un) and 은 (eun). The initial source of his name was Kim Jong-il’s former personal chef, known by the pen name Kenji Fujimoto, who was among the few who had access to information about Kim’s household from inside the government. Chinese media, however, have named him as 김정은 (Hanja: 金正恩).

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FROMWASHINGTONPOST AND BLOOMBERG, 20 DECEMBER 2011.

Who is Kim Jong Un really?

By John Brinsley and Indira A.R. Lakshmanan, Published: December 20

Dec. 21 (Bloomberg) –North Korea’s new leader looks like his grandfather, went to school inSwitzerlandand reportedly loves basketball star Michael Jordan. Nothing is known about his views on nuclear weapons, international relations, or fixing his country’s crippled economy.

Kim Jong Un was designated the country’s successor on Dec. 19 after the totalitarian state announced the death of his father, Kim Jong Il. Thought to be in his late 20’s, Jong Un was named to senior military and party posts last year, the first official notice that he was being groomed to take over.

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While Kim has spent most of his life inNorth Korea, he studied inSwitzerlandin the 1990’s. He was designated successor in 2009, aU.S.official said, speaking on condition of anonymity. The third son of the deceased dictator, Kim Jong Un was the favorite, according to a Japanese chef who wrote a book about his 13 years of cooking for Kim Jong Il inPyongyang.

“He was unknown until two years ago,” said Michael Green, senior director of Asian affairs at the National Security Council under President George W. Bush and now at the Center for Strategic and International Studies inWashington. “There are questions about whether enough legwork was done to keep him going. One question now is will Kim Jong Un and others around him do something to prove he’s in command.”

Constant Struggle

He inherits an economy where 24 million people suffer from chronic malnutrition and are taught to believe the country is in a constant struggle withSouth Korea, theU.S.andJapanafter the 1950-53 Korean War ended without a peace treaty.North Korearefuses to abandon its nuclear weapons program in the face of global sanctions and relies on outside handouts to survive, primarily fromChina, its biggest trading partner.

Kim Jong Il in September 2010 made Kim Jong Un a four-star general and elevated allies to act as his son’s guardians, including sister Kim Kyong Hui and brother-in-law Jang Song Thaek. The country’s stability may turn on whether the family and the military are confident that the younger Kim can extend the dynasty started by his grandfather Kim Il Sung, who founded the nation after World War II.

One month after his promotion, Jong Un stood next to his father at a military parade. Photos of the event showed him wearing a black suit with a mandarin collar similar to the style worn by his grandfather. He also emulated Kim Il Sung’s slicked-back hairstyle rather than the bouffant favored by his father.

‘The Kim Brand’

“Jong Un’s main claim to leadership is that he looks very similar to his grandfather,” said Bradley K. Martin, author of “Under the Loving Care of the Fatherly Leader: North Korea and the Kim Dynasty” and a former reporter for Bloomberg News. “What you have here is branding. The Kim brand.”

Kim Jong Un attended a ceremony where his father’s body lay in state yesterday and mourned, the state-run Korean Central News Agency said. A funeral will be on Dec. 28 followed by a national memorial service the next day.

Jong Un and his older brother, Kim Jong Chol, were born to Kim Jong Il’s companion, Ko Young Hee. The eldest son, Kim JongNam, who had a different mother, fell out of favor after he was caught trying to enterJapanin 2001 using a fake passport. Kim Jong Chol was deemed too unhealthy and mentally weak to be picked, Yonhap News said after Jong Un was promoted last year.

TRIVIA 0032: WHO IS MUJIV HATAMAN?

HIGHLIGHTS:

*   Hataman was born on Sept. 11, 1972 in Buli-Buli, Sumisip, Basilan and  graduated from AMA Computer University with a degree of Bachelor of Science in Computer Engineering.

*   Hataman, 39, is a member of the Yakan indigenous community in Basilan. He is the younger brother of Basilan Rep. Jim Salliman Hataman.

*   He was former volunteer of the Moro Human Rights Center. Before entering politics, Hataman was Wahab Akbar’s chief of staff when Akbar was Basilan governor.

*   Hataman eventually created Anak Mindanao, a party-list group he had represented in Congress from 2001.

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Personal Information

click on the link:

  POLITICAL INFORMATION | LEGISLATIVE PERFORMANCE | ASSETS & LIABILITIES | BUSINESS INTERESTS | RELATIVES IN GOV’T

HATAMAN, Mujiv Sabbihi

Date of Birth: September 11, 1972

Place of Birth: Buli-Buli, Sumisip, Basilan

ADDRESS

Provincial: Malagutay, Zamboanga City

Metro Manila: no data

Civil Status: married

Spouse: Sitti Djalia Turabin                                                                                   

Position: Secretary

Office: Congressional district office, Zamboanga City

Educational Attainment

ELEMENTARY

HIGH SCHOOL

COLLEGE

Career History

Affiliations

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In the Know: Mujiv Hataman

Philippine Daily Inquirer

10:45 pm | Saturday, December 17th, 2011

Former Anak Mindanao Rep. Mujiv Hataman, a known friend of President Benigno Aquino, was implicated in the November 2007 bombing at the Batasan Complex that killed then Basilan Rep. Wahab Akbar and several others.

Hataman, a native of Basilan, has been cleared of the charges when the Department of Justice (DOJ) last Oct. 20 dismissed the criminal case filed against him for his alleged role in the bombing.

The resolution approving the dismissal of the case came swiftly, only a day after Justice Secretary Leila de Lima confirmed that Hataman, then reported to be Mr. Aquino’s top choice to lead the Autonomous Region in Muslim Mindanao, had a pending case

in her department.

A Feb. 22, 2008, resolution signed by then Chief State Prosecutor Jovencito Zuño had dismissed the complaint against Hataman for the complex crime of multiple murder and frustrated murder.

However, Akbar’s widow, Jum Akbar, sought a review which had been pending since May 5, 2008. The latest DOJ resolution struck down her petition. In 2010, Hataman ran for Basilan governor but lost to Jum Akbar.

Hataman was born on Sept. 11, 1972, and graduated from AMAComputerUniversitywith a degree of Bachelor of Science in Computer Engineering. Ana Roa, Inquirer Research

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It’s official: Hataman is ARMM OIC

Philippine Daily Inquirer

10:51 pm | Saturday, December 17th, 2011

Former Anak Mindanao party-list Representative Mujiv Hataman. http://www.congress.gov.ph/

ZAMBOANGACITY—A former party-list representative who had faced charges for the assassination of a congressman has been appointed officer in charge of one of the country’s most impoverished, but highly resource-rich areas, Autonomous Region in Muslim Mindanao (ARMM).

Mujiv Hataman, former representative of the party-list group Anak Mindanao, was named OIC of the five-province ARMM, product of a 1996 peace agreement between the government and Moro rebels that failed to put an end to the Moro quest for an independent state in Mindanao.

Interior Secretary Jesse Robredo said President Aquino had signed Hataman’s appointment papers about three days ago along with those of Bainon Karon, a prominent Moro female leader who would serve as Hataman’s deputy.

Robredo, in a text message to Inquirer, said Hataman and Karon would take their oaths of office either Thursday or Friday during formal the turnover ceremonies to be held in the ARMM complex inCotabatoCity.

“There was no law violated with the appointments of the caretaker officials,” he said.

But Parouk Majirul, an aide of Basilan Gov. Jum Akbar, said the appointment of caretaker officials—particularly of Hataman—was improper.

He said the legality of the law that had reset the ARMM elections from Aug. 16 to May next year was still being questioned and the Supreme Court has not decided on it yet.

But Robredo said Malacañang knew that some people would not be happy about Hataman heading the five-province region.

“It was expected, but Hataman underwent and passed through many processes before he was appointed. He applied, was screened, presented to the public and interviewed (during the screening process),” Robredo said.

He said Hataman, an ally of President Aquino, was picked among the applicants for interim officials “because he can balance. He is accepted both by politicians and nongovernment organizations.”

He said Hataman’s first priority when he assumes office would be peace and security issues in the provinces of Maguindanao, Lanao del Sur, Sulu, Tawi-Tawi and Basilan.

Hataman said among his priorities was to bring warring politicians and families to negotiations.

As far as he was concerned, he said he was trying to reach out to the Akbars, his main political rivals.

The Akbars had charged Hataman with involvement in the 2007 Batasan explosion that killed, among others, then Basilan Rep. Wahab Akbar.

Hataman told Inquirer by phone that he will be assisted by a technical team, whose composition could be finalized this month, in running the affairs of the ARMM.

“We will maximize our time this December for transition, planning and workshop, focusing on good governance, peace and security and socioeconomic development and we will put more emphasis on reform programs for the ARMM,” he said.

Hataman, 39, is a member of the Yakan indigenous community in Basilan. He is the younger brother of Basilan Rep. Jim Salliman Hataman.

He was former volunteer of the Moro Human Rights Center. Before entering politics, Hataman was Wahab Akbar’s chief of staff when Akbar was Basilan governor.

Hataman eventually created Anak Mindanao, a party-list group he had represented in Congress from 2001.

Anak Mindanao did not win a seat during the 2010 general elections after it only got 161,418 votes or just 0.54 percent of that required by the law. Julie Alipala and Nash Maulana, Inquirer Mindanao