Bail, not jail for GMA

Now that the United Nations Working Group on Arbitrary Detention (WGAD) has opined the detention of former president Gloria Arroyo violates international law, aside from the fact it is perceived to be arbitrary – those who were initially against her house arrest are now having second thoughts.

Last February, international lawyer Amal Clooney petitioned the UN High Commissioner on Human Rights to compel the government to release the former president on humanitarian grounds considering her medical condition.

Arroyo has been charged with plunder – a non-bailable offense, in connection with the alleged diversion of P366 million Philippine Charity Sweepstakes Office funds. But what many Filipinos should know, a prominent lawyer pointed out, is that the basis for the appeal to release Mrs. Arroyo should not only hinge on humanitarian reasons, but on a legal standpoint.

For one thing, all of the co-accused directors of PCSO in the same charge sheet have been allowed to post bail by the Sandiganbayan – bolstering the argument the evidence presented by the government prosecutors is weak – and yet the repeated appeals of the Arroyo camp to post bail have been repeatedly thumbed down.

One of those charged along with Mrs. Arroyo is the first cousin of Senator Serge Osmeña – former PCSO chairman Serge Valencia who has also been allowed to post bail. Prior to that, the prosecutors were adamant in saying the evidence against Valencia was strong, and yet he was allowed to post bail. Let’s not forget, Valencia was the PCSO chair and, therefore, it means that every transaction or project was vetted by him – and if he was granted temporary liberty, why not accord the same to GMA?

In its opinion, the United Nations said the charges are politically motivated, and her detention is a “result of the exercise of her right to take part in government and the conduct of public affairs” as well as her “political opinion.” However, the government virtually snubbed the UN body, saying the case is an internal matter and only the Philippine courts have the sole jurisdiction to “decide on such matters.” In short, it was telling the UN body to “back off” (a more polite term for butt out) – because this is our country’s problem.

Interestingly, many Filipinos don’t really put a lot of stock on pronouncements the issue (on whether GMA should be granted bail or not) is not in the hands of the President, believing (and with reason) Malacañang can “advise” the Sandiganbayan to reconsider the case of the former president.

While it may be true the Sandiganbayan is the body that can decide on the matter, let’s not also forget the UN has moral suasion – which is the very reason why we elevated our case against China regarding the West Philippine Sea to a UN arbitration court. When and if the UN rules in favor of the Philippines, with China expected to disregard the outcome, we will have more nations from the free world ready to support us. At the very least, we will have the moral right to fight for it.

Based on the results of a private survey, it would appear more and more Filipinos believe the deteriorating medical condition of Mrs. Aquino warrants at the very least, a house arrest – where she can recuperate better. That is the humanitarian thing to do under the circumstances. More and more people agree with that compromise.

Loyalty check for Li Ka-shing

Hong Kong’s richest man, business magnate Li Ka-shing, is being subjected to a “loyalty test” over suspicions he is pulling out his businesses and transferring them overseas. Early this year, Li engaged in a massive company restructuring where in all his business interests – from plastics to real estate to power and information technology – were divided under two major listed entities, namely CK Hutchison that will be the main holding company for non-property assets, and Cheung Kong Property for all real estate assets.

Questions about Li’s loyalty to China strengthened after he decided to transfer the company headquarters from Hong Kong to the Cayman Islands, known as a tax haven. The wealthy elite of Hong Kong have been getting a lot of heat from the government, but the billionaire businessman – who served under the committee of former HK Special Administrative Region chief executive Tung Chee-hwa – made the mistake of backing the former rival of current Hong Kong leader Leung Chun-ying (also known as CY Leung), the “chosen one” from Beijing.

According to a Hong Kong-based political and corporate risk consulting firm, that political decision is one of the reasons why the current government has put him in the spotlight, so to speak, utilizing state-controlled media to put the 86-year-old businessman – also nicknamed Superman for his ability to turn a profit – under a negative light, calling him unpatriotic, obsolete and some such descriptions. Li, of course, has denied the accusations, pointing to the over one billion dollar contributions made by his foundation to China, not to mention the over 1,000 retail outlets of his various companies in the mainland.

The fact is, a lot of millionaires are leaving China due to a number of reasons, among them the horrible air quality in many cities and the desire of parents to give good educational opportunities for their children. According to Forbes, over 100,000 Chinese millionaires (those with net assets of $1 million) have left China since 2000. Money has flown out, with the amount estimated at $475 billion. No wonder the HK government is not looking too happy with Li Ka-shing.

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