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CASE 2016-0064: MANILA ELECTRIC COMPANY,  V.  N.E. MAGNO CONSTRUCTION, INC., (G.R. 208181, 31 AUGUST 2016, , PEREZ J.) (SUBJECT/S: HOW TO COUNT THE 60 DAY PERIOD WITHIN WHICH TO FILE PETITION FOR CERTIORARI) (BRIEF TITLE: MERALCO VS. N.E. MAGNO CONSTRUCTION)

 

DISPOSITIVE:

 

“WHEREFORE, premises considered, the petition is DENIED. The assailed Decision and Resolution of the Court of Appeals are hereby AFFIRMED.

 

SO ORDERED.”


SUBJECTS/DOCTRINES/DIGEST:

 

PETITIONER FILED ITS PETITION FOR CERTIORARI BEYOND 60 DAYS FROM RECEIPT OF DENIAL OF THEIR FIRST MOTION FOR RECONSIDERATION BUT WITHIN THE 60 DAYS FROM DENIAL OF THEIR SECOND MOTION FOR RECONSIDERATION. WAS SUCH PETITION FILED ON TIME?

 

NO.

 

THE RULE CLEARLY STATES THAT THE 60 DAY PERIOD SHALL BE FROM NOTICE OF THE JUDGMENT OR ORDER DENYING THE MOTION FOR RECONSIDERATION IF ONE WAS FILED.

 

PETITIONER CLAIMS THAT THE SECOND MOTION FOR RECONSIDERATION RAISED NEW MATTERS. THEREFORE THE 60 DAY PERIOD MUST RUN FROM NOTICE OF THE DENIAL OF THE SECOND MOTION FOR RECONSIDERATION. IT THIS CORRECT?

 

NO. OTHERWISE, THERE WILL BE NO END IN THE LITIGATION.

 

THE FINALITY OF A DECISION IS A JURISDICTIONAL EVENT WHICH CANNOT BE MADE TO DEPEND ON THE CONVENIENCE OF THE PARTIES.24 TO RULE OTHERWISE WOULD COMPLETELY NEGATE THE PURPOSE OF THE RULE ON COMPLETENESS OF SERVICE, WHICH IS TO PLACE THE DATE OF RECEIPT OF PLEADINGS, JUDGMENT AND PROCESSES BEYOND THE POWER OF THE PARTY TO DETERMINE AT HIS PLEASURE.25

 

IS THE 60 DAY PERIOD EXTENDIBLE?

 

NO.

 

THE 60-DAY PERIOD IS INEXTENDIBLE TO AVOID ANY UNREASONABLE DELAY THAT WOULD VIOLATE THE CONSTITUTIONAL RIGHTS OF PARTIES TO A SPEEDY DISPOSITION OF THEIR CASE.


TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0064-meralco

 

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TRIVIA 0045: MASSACRE OF MUSLIMS UNDER MARTIAL LAW

History beyond Bud Dajo obscured

By: Antonio Montalvan II

@inquirerdotnet

Philippine Daily Inquirer

12:58 AM September 26th, 2016

IT WAS the Maguindanao Moro filmmaker Teng Mangansakan who alerted me to a forgotten past. Last August, Teng revisited the place that had become rather obscure in the Mindanao mind. It is called Malisbong, but few would want to remember the name, let alone inconvenience themselves with a Google map for a search. Even the remaining living survivors would rather blur their memories of a ghastly carnage that only men who don’t believe in human dignity can carry out without mercy.

The Malisbong Massacre, also known as the Tacbil Mosque Massacre, left 1,776 Moro men aged 11 to 70 dead in the coastal hamlet of the same name in the town of Palembang, Sultan Kudarat. They were killed inside the mosque, where 3,000 women and children were also being detained, some of them even raped. On that horrifying day of Sept. 24, 1974—that is, two years to the day after then President Ferdinand Marcos announced that martial law had been imposed on the entire Philippine archipelago, or exactly 42 two years ago last Saturday—elements of the Philippine Army razed to the ground 300 houses.

Malisbong was an overture to what was to become a long thunder of massacres against the Moro people that at one instant had reached almost genocidal magnitude, such that it caught the attention of Islamic countries and helped shape what later emerged as the flamboyant Imelda diplomacy during the dictatorship years—a kind of diplomacy that was more fashion niceties than mediation.

The film “Forbidden Memory,” based on the Malisbong Massacre and directed by Teng Mangansakan, was screened as a finalist in the 12th Cinema One Originals film festival. Recalling Malisbong, a statement by a student of mine bothered me no end—“martial law is taught in neutral terms.”

The murder of 1,776 men can never be neutral; 1,776 deaths committed to the memory of survivors as the most abysmal nightmare of their lives can never be neutral. So were the other deaths caused by the Marcos dictatorship. There is only good and evil; any in-between is pseudo.

Mohagher Iqbal, the “magus” of the Bangsamoro, a learned person of great wisdom, writing as Salah Jubair in “Bangsamoro, A Nation Under Endless Tyranny,” adroitly enumerates the list of Moro massacres committed by proxies of the authoritarian barbarism under the aegis of Ferdinand Marcos.

In a prelude to martial law, a Kinaray-a settler, Feliciano Luces, known by the alias Commander Toothpick, led an attack on an isolated Moro village in 1970. The victims’ ears were cut off, nipples slashed, eyes plucked out, and cross markings left on their mutilated bodies. That was the start of the so-called Ilaga Wars (Ilaga for rat, the “voracious creature infesting crops,” Jubair writes, but which others had deciphered as “Ilonggo Land Grabbers Association”).

Of the Moro massacres, the patriot Joe Burgos’ Pahayagang Malaya reported: “The list is long, but it can be compressed into one single horrifying theme—a near absolute lawlessness armed and protected by government officials and the military in remote corners of Mindanao to look for and kill Muslim rebels, and whoever they believe to be their sympathizers.”

The rampage took place in various places:

Alamada (North Cotabato), Dec. 3, 1970, 13 killed; Midsayap (North Cotabato), Dec. 16, 1970, 18 killed; Alamada, Jan. 17, 1971, 73 killed, 36 houses burned; Carmen (North Cotabato), April 6, 1971 and June 19, 1971, 88 killed, 42 wounded; Wa-o (Lanao del Sur), Aug. 5, 1971, 36 killed; Buldon (Maguindanao), Aug. 9, 1971, 60 killed; Magsaysay (Lanao del Norte), Oct. 24, 1971, 66 killed. I have to cut short the list for want of space.

Archival research at the National Library and at the UST Miguel de Benavides Library can be an excruciating ordeal: There just was hardly any national news on these massacres; Mindanao was boondocks to Manila then. (It still is?) Everything was filtered; the name Ilaga hardly surfaced because its existence was deliberately denied. There was only one source of news—Moro congressmen like Salipada Pendatun.

A pattern was observable in the old periodicals—each time a team was sent to Mindanao, the only source was Carlos Cajelo who was behind the Ilaga. Marcos later appointed Cajelo as deputy defense minister for civil relations. Marcos knew everything about the Ilaga Wars—he even invited Toothpick to Malacañang and hailed him a hero.

There were many more massacres, but there are scant data about them for research. One, the Bingcul Village Massacre of 1977, had government forces raiding and burning houses, killing 42 Moro villagers. In most cases, the Ilaga fighters not only conspired with the government’s Philippine Constabulary (later integrated into the civilian police force that was renamed Integrated National Police, the forerunner of today’s Philippine National Police), they were also supported by seven thug settler-mayors who each were backed by an army of private goons.

Filtering the news out of Mindanao during the martial law period was made difficult by the “blitzkrieg” Marcos launched against media the day after declaring martial law in 1972: Nationwide, the “casualties” were eight major English newspapers, 18 vernacular newspapers, 60 community newspapers, 66 television channels, 312 radio stations. By the time the Mindanao wars raged, a news blackout was almost in effect.

There was more to Mindanao than just the 1906 Battle of Bud Dajo where a thousand Moros were slain in America’s pursuit of colonial hegemony. A massacre is a massacre; whether committed by colonials or by a Filipino dictator like Marcos, an accounting is demanded.

Justice is color-blind. Neutrality is only for cowards who aspire by mere idiocy.

TRIVIA 0045: THE BALANGIGA INCIDENT

TRIVIA 0045: THE BALANGIGA INCIDENT

‘A howling wilderness’and human rights

By: Ramon Farolan

@inquirerdotnet

Philippine Daily Inquirer

01:00 AM September 26th, 2016

IT WAS a sunny Sunday morning on Sept. 28, 1901. The town of Balangiga in what is now Eastern Samar was occupied by a company of US Army troopers from the 9th Infantry Regiment commanded by Capt.Thomas W. Connell, a West Pointer. They were just beginning to head for breakfast after the bugler had sounded mess call. (A few weeks earlier, President William McKinley had been shot by Leon Czolgosz during a visit to the Pan American Exposition in Buffalo, New York. His vice president, Theodore Roosevelt, not quite 43, would become the youngest president in US history.) A Mass had been scheduled to commemorate the assassination of the president.

Twenty minutes after reveille, Police Chief Pedro Sanchez of Balangiga, suddenly grabbed the rifle of an American sentry walking his post close to the mess tents. Sanchez fired the rifle, yelled out a signal, and then all hell broke loose.

“The church bells ding-donged crazily and conch shell whistles blew shrilly from the edge of the jungle. The doors of the church burst open and out streamed the mob of bolo men who had been waiting inside. The native laborers working about the plaza suddenly turned on the soldiers and began chopping at them with bolos, picks, and shovels.” (“The Ordeal of Samar,” Joseph L. Schott)

It was combat at close quarters, bolos against Krag rifles. Of the company’s original 74 members, only 20 would survive. On the Filipino side, more than a hundred of the attackers were killed.

In a letter to his comrades in Samar dated Oct. 6, 1901, Gen. Vicente Lukban wrote, “With great pleasure, I communicate to you … the glowing achievement carried out successfully in the town of Balangiga on Sept. 28 at seven in the morning. Led by the great local leader and without arms other than bolos, they overcame in less than five minutes the detachment of the enemy composed of 74 men.” The American press rated the Balangiga action with the Alamo as one of the worst tragedies in American military annals.

Retaliation was swift. McKinley’s principle of “benevolent assimilation” was the first casualty. The Army commander, Gen. Adna Chaffee, directed Brig. Gen. Jacob Smith to end the resistance on Samar Island.

In turn, Smith provided Marine Maj. Littleton Waller with four companies, verbally giving him the following orders: “I want no prisoners. I wish you to kill and burn; the more you kill and burn, the better you will please me. I want all persons killed who are capable of bearing arms in actual hostilities against the United States.” When asked to define an age limit, Smith replied, “Ten years.” In another order, he directed that Samar “must be made a howling wilderness.” The message earned for him the nickname “Howling Jake” Smith.

In carrying out Smith’s instructions, Waller “ordered his men to shoot all native suspects as he led an expedition against Lukban’s redoubt, located in the mountains of the interior. Waller and his troops marched across the island destroying every village along the way.” (“In Our Image,” Stanley Karnow)

Perhaps one reason Samar remains one of the poorest provinces in the country today is that Major Waller apparently did a thorough job when he carried out the “howling wilderness” order of General Smith.

It was not only Samar that carried the brunt of American cruelty after the Balangiga massacre. In a bid to crush Filipino rebels under Gen. Miguel Malvar, Brig. Gen. Franklin Bell took over the province of Batangas. He issued the following orders to his men: “Neutrality should not be tolerated. Only those who provided the American forces with intelligence, guided operations against the guerrillas, or identified them and their sympathizers, would be judged guiltless. Prisoners would be executed by lot in retaliation for the murder of U.S. soldiers…

“A congressman who visited the area reported that U.S. troops took no prisoners and kept no records but simply swept the country and wherever or however they could get hold of a Filipino, they killed him. A correspondent covering the push called it relentless, with American soldiers killing men, women, children, prisoners and captives, active insurgents and suspected people from lads of ten and up, an idea prevailing that the Filipino… was little better than a dog who belonged on the rubbish heap. They rounded up natives, stood them on a bridge, and without a shred of evidence against them, shot them one by one, to drop into the water below and float down as an example to those who found their bullet-riddled corpses.” (“In Our Image,” Stanley, Karnow)

The Phlippine-American War resulted in 4,234 Americans dead and 2,218 wounded. It cost the United States some $600 million or roughly $4 billion, in today’s currency. The Filipinos suffered some 20,000 casualties “The devastation of the country was reflected in a single statistic: The number of carabaos without which the rural population could not plant or harvest rice, the staple food, shrank by 90 percent during the war.” (“In Our Image,” Stanley, Karnow)

It is but proper that President Duterte reminded our American friends of their own record of human rights.

* * *

When 9th Infantry units left Balangiga in October, they took the church bells, along with a cannon dating back to 1557, as war trophies. Today two of the bells are on display at Warren Air Force Base in Wyoming. The third is with the 9th US Infantry Regiment at Camp Red Cloud in South Korea.

Over the years, efforts by government and church officials to secure the return of the bells have proven futile. In contrast, a few years back, Australian Prime Minister Tony Abbott returned to his Indian counterpart two statues allegedly looted from ancient Indian temples, ending a long-running battle over the pieces. On returning the objects,

Abbott’s office said, “The move is testimony to Australia’s good citizenship on such matters and the importance with which Australia views its relationship with India.”

The bells of Balangiga must be returned to their rightful owners.