16TH PERSUASIVE APPEAL_THOMAS JEFFERSON comments on the DEMISE OF THE TRUTH COMMISSION

COMMENT          The germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”   Thomas Jefferson, 1821 April 25, 2016 SALUTATION Dear Chief Justice Sereno, et al: IMAGE CREDIT:http://sc.judiciary.gov.ph/ Chief Justice Maria Lourdes P. A. Sereno IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Antonio T. Carpio IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Presbitero J. Velasco, Jr. IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Teresita J. Leonardo-De Castro IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Arturo D. Brion IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Diosdado M. Peralta IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Lucas P. Bersamin IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Mariano C. Del Castillo IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Martin S. Villarama, Jr. RETIRED FEBRUARY 2016 IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Jose P. Perez IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Jose C. Mendoza IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Bienvenido L. Reyes IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Estela M. Perlas-Bernabe IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Marvic Mario Victor F. Leonen IMAGE CREDIT:http://sc.judiciary.gov.ph/ Justice Francis H. Jardeleza Justice Alfredo Benjamin S. Caguioa DISCUSSION  Thomas Jefferson seemed to have witnessed AND been dismayed the way the Philippine Supreme Court majority of justices elucidated "brilliance" decapitating  the TRUTH COMMISSION thus, he wrote: "The germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”  Thomas Jefferson having relived on circa 2000 he must have been complaining on the these judiciary majority of magistrates who are not cooperating with the executive department's noble intention to rid corruption from the government for the benefit of the people  who elected them basically for that forefront objective. It is no less than the same complaint of President Aquino.  He had been a valiant gladiator thrown in a den of murderous, hungry, insatiable, corrupt lions. These honorables from the judiciary stripped off his garments and claddings and worse,  even confiscated his dagger but just give  two banana leaves,  one, to cover his face and the other one, to cover his genitals. As the lions were released for the kill, they screeched to a quick stop and burst into a thunderous laughter. Followed  by laughter everywhere all over the arena and the amphitheater of all over the courts of law.   Your honors, the majority magistrates, your are commendable by citing the primacy of the constitution over and above any consideration as it cannot be denied that most government actions, according to you, are inspired with noble intentions, all geared towards the betterment of the nation and its people. Farther, you said.... But then again, it is important to remember this ethical principle: The end does not justify the means.  No matter how noble and worthy of admiration the purpose of an act, but the means to be employed in accomplishing it is simply irreconcilable with the constitutional parameters, then it cannot be allowed.[108]  In the similar way, you said: The court cannot just turn a blind eye and simply let it pass.  It will continue to uphold the constitution and its enshrined principles. Rallying behind the constitution, you profess:   The Constitution must ever remain supreme. All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor greed for power debase its rectitude.[109] With great pride and honor they  continued saying that, of all the branches of  government  it is the judiciary which is the most interested in knowing the truth and so it will not allow itself to be a hindrance or obstacle to its attainment. It must, however, be emphasized that the search for the truth must be within constitutional bounds for ours is still a government of laws and not of men.[110] As expected the TRUTH COMMISSION was thrown to thrash via this dispositive portion :  WHEREFORE, the petitions  Executive Order No. 1 is hereby declared UNCONSTITUTIONAL insofar as it is violative of the equal protection clause of the Constitution. Bravo. This was an exemplary performance by the majority in the black robes wearing mortal gods of Padre Faura. But lo and behold, kindly take a look at EXHIBITS 1AND 2 below and commit yourselves with doubtless sincerity to the truthfulness of your strict adherence to the constitutional provision. Is there one  constitution applicable to Gloria Arroyo(LOUIS BAROK C. BIRAOGO) and another for Antonio Buensuceso ? Why give Gloria Arroyo(LOUIS BAROK C. BIRAOGO) an accommodation different from Antonio Buensuceso ? Is this what you mean by equal protection clause of the constitution ?  May you please pay attention to this 16th PERSUASIVE APPEAL and accomodate my petitions for judicial review as you have accomodated Gloria Arroyo(LOUIS BAROK C. BIRAOGO)'s petition as mandated by the equal protection clause of the constitution. And, please be guided of what you have written. The Constitution must ever remain supreme. All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor greed for power debase its rectitude.[109] Sincerely, Antonio L. Buensuceso Jr. REFERENCE DOCUMENTS From "A final word" of G.R. No. 192935 xxx It cannot be denied that most government actions are inspired with noble intentions, all geared towards the betterment of the nation and its people. But then again, it is important to remember this ethical principle: The end does not justify the means. No matter how noble and worthy of admiration the purpose of an act, but if the means to be employed in accomplishing it is simply irreconcilable with constitutional parameters, then it cannot still be allowed.[108] The Court cannot just turn a blind eye and simply let it pass. It will continue to uphold the Constitution and its enshrined principles. The Constitution must ever remain supreme. All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor greed for power debase its rectitude.[109] Lest it be misunderstood, this is not the death knell for a truth commission as nobly envisioned by the present administration. Perhaps a revision of the executive issuance so as to include the earlier past administrations would allow it to pass the test of reasonableness and not be an affront to the Constitution.Of all the branches of the government, it is the judiciary which is the most interested in knowing the truth and so it will not allow itself to be a hindrance or obstacle to its attainment. It must, however, be emphasized that the search for the truth must be within constitutional bounds for ours is still a government of laws and not of men.[110] WHEREFORE, the petitions are GRANTED. Executive Order No. 1 is hereby declared UNCONSTITUTIONAL insofar as it is violative of the equal protection clause of the Constitution. As also prayed for, the respondents are hereby ordered to cease and desist from carrying out the provisions of Executive Order No. 1. SO ORDERED. JOSE CATRAL MENDOZA Associate Justice XXXX EXHIBIT 1 IN RE : AC-10084 DECISION EXHIBIT 2 IN RE : AC-183273 DECISION

25APR16_21ST TIME_SHELL ROBBED EMPLOYEE RETIREMENT PAY

SHELL ROBBED 

EMPLOYEE RETIREMENT PAY

A case of David vs. Goliath by Antonio L. Buensuceso Jr.

image credit:david-and-goliath-shane-robinson.

Pilipinas Shell Petroleum Corporation robbed employee's retirement pay by circumventing the Retirement Pay Law, while ranking Supreme Court of the Philippines personnel, the PIO chief, is delaying and preventing due course to its recovery, whereby:

 NUMBER 1. ATTY. THEODORE TE COMMITTED AND CONTINUE TO BE COMMITTING ACTS   CONSTITUTING CORRUPT PRACTICES OF A PUBLIC OFFICER UNDER RA 3019_ANTI GRAFT AND CORRUPT PRACTICES ACT

REPUBLIC ACT 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(e) Causing any undue injury to any party (myself, Antonio L. Buensuceso Jr.) including the Government, or giving any private party (PSPC, SHELL) any unwarranted benefits, (NON-PAYMENT OF RETIREMENT PAY) advantage or preference in the discharge of his official administrative (ATTY. THEODORE TE, functions) or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices (Atty. Theodore Te, an officer of one offices of the Supreme Court, the PIO) or government corporations charged with the grant of licenses or permits or other concessions.

NUMBER 2. ATTY. THEODORE TE COMMITTED AND CONTINUE TO BE COMMITTING ACTS WHICH OBSTRUCT OR FRUSTRATE OR TEND TO OBSTRUCT OR FRUSTRATE THE SUCCESSFUL APPREHENSION OF CRIMINAL OFFENDERS BY VIOLATING WILLFULLY,  DELIBERATELY THE PROVISION OF THE LAW PENALIZING OBSTRUCTION OF APPREHENSION OF CRIMINAL OFFENDERS PRESIDENTIAL DECREE 1829 SECTION 1(e)

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

PRESIDENTIAL DECREE No. 1829 PENALIZING 

OBSTRUCTION OF APPREHENSION AND 

PROSECUTION OF CRIMINAL OFFENDERS

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS

WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders;

NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following:

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

NUMBER 3. ATTY. THEODORE TE COMMITTED AND CONTINUE TO BE COMMITTING ACTS  WILLFULLY,  DELIBERATELY in violation of RULE VI, of the  Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713) 

RESPONSE TO REQUESTS AND PETITIONS MANDATED BY THE Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)

(Republic Act No. 6713) RULE 6 _Duties of public officials and employees

Section 3. In case of written requests, petitions or motions, sent by means of letters, telegrams, or the like, the official or employee in charge shall act on the same within fifteen (15) working days from receipt thereof, provided that:

(a) If the communication is within the jurisdiction of the office or agency, the official or employee must:

(1) Write a note or letter of acknowledgement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or agency, specifying the date when the matter will be disposed of and the name of the official or employee in charge thereof.

NUMBER 4. ATTY. THEODORE TE COMMITTED AND CONTINUE TO BE COMMITTING ACTS  WILLFULLY,  DELIBERATELY in violation of ARTICLE XI SECTION 1 OF THE PHILIPPINE CONSTITUTION, to wit: 
Article XI section 1 of the Philippine constitution

ARTICLE XI : Accountability of Public Officers

Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

      TO THE JUSTICES OF THE                 SUPREME COURT OF THE PHILIPPINES

IN RE : AC NUMBER 10084 

AND GR NUMBER 183273

At this point, AC NUMBER 10084 and GR NUMBER 183273 by virtue of the evidences showing prima facie proofs of miscarriage of justice are needed to be reviewed and accorded proper adjudication.  Farther neglect through your gross inexcusable negligence will cause irreparable damage not only to the Filipino peoples' interest and mine but most importantly to your own interest  in keeping legitimacy of holding your position as Justices of the Supreme Court.  Your Honors, kindly correct the administrative and judicial errors you have committed while there is still time. When there is conflict between the Constitution or Law versus the Supreme Court internal rules, the Constitution and/or the law prevail.  Your Honors, with all due respect, please be reminded that the discretionary power in your possession  is for the advancement of justice not for the promotion of injustice .
  
Kindly, show us your people that the Supreme Court is not really composed of people and Justices beholden to Big Money interest,  pretending to be deaf and blind to the plight of the oppressed and the defenseless. Your Honors, please scrape the hardened calluses from your eyes...see your people, hear what they are saying...your people suffer from injustice...they cry for justice then deliver justice to them....not tomorrow but now. 

  

Justice Alfredo Benjamin S. Caguioa

THE TRUTH WILL SET YOU FREE.