Court case: 24 years running

I don’t get it. The Department of Interior gave eight police generals P6.9 million contingency, meaning extra cash, on top of paying their per diems, plane fares, hotel and food for an Interpol convention in Moscow that is obviously business with pleasure so their wives tagged along. But it left 49 lieutenant colonels to each raise their own P500,000 in order to train with the FBI in California as prerequisite for promotion to full colonel.

 It defies logic. One of the eight generals, the comptroller who held the P6.9-million fund, even retired while in Moscow, meaning he won’t be able to use for the service whatever new thing he learned in Moscow on government expense. Yet the 49 aspirants for colonel — actually only 29 were able to fly off as the rest could not raise the money in six months — will be expected to die for country.

Is that the way we treat our cops?

* * *

Philippine justice is never quick, only quirky. This case best shows it.

 July 1984, Remington Corp. sues Defendant before a Manila court for non-payment of steel worth P921,755.90 sold in 1982-83. Impleaded were PNB and DBP as creditors. April 1990, Manila court finds the three jointly and severally liable, and orders them to pay up, plus 10-percent interest per year. October 1995, Court of Appeals affirms Manila court verdict. PNB and DBP separately petition the Supreme Court for review. Defendant asks SC for extension to file review; denied. December 1996, the SC ruling becomes final upon entry in its book of judgments.

It took Remington 12-1/2 years to win a collection case. It didn’t end there.

December 2000, Remington motions the Manila Court to execute the Supreme Court judgment. March 9, 2001, court grants motion and issues corresponding writ of execution. March 21, 2001, sheriff garnishes P953,012.43 from two banks of Defendant.

By then Remington was pressing collection of P2,454,151.12 more. The final judgment had specified principal, plus interest, legal fees and incidental expenses.

 March 26, 2001, Defendant motions the Manila court to reconsider the March 9 verdict. April 17, 2001, Defendant seeks Supreme Court permission to intervene in the PNB-DBP petitions for review; denied. May 10, 2001, Manila court denies Defendant’s motion for reconsideration. Defendant runs to Court of Appeals. February 2003, CA denies Defendant’s petition for review. May 2003, CA denies Defendant’s motion for reconsideration.

Defendant runs to Supreme Court. February 2008, to Remington’s chagrin, SC reverses its final judgment of December 1996.

Specifically, SC annulled the Manila court’s writ of execution of March 9, 2001, and denial of Defendant’s motion for reconsideration of May 10, 2001. It also dismissed the original collection case that Remington had filed in July 1984.

August 2008, Defendant files with the Manila court motion for restitution, that is, to recover the garnished P953,012.43. From the looks of it, whatever the Manila court decide will be elevated to the CA and SC — and back. Twenty-four years and running.

* * *

Flash: Norway’s national operator Telenor has banned supplier ZTE Corp. of China from doing business for six months for misconduct. The ban up to March 2009 covers all of Telenor’s international operations. ZTE allegedly tried to bribe Telenor officials during one bidding. ZTE claimed it’s all the handiwork of one rogue employee. It didn’t say if the name is Yu Yong or Fan Yan, two ZTE executives who figured prominently in Manila’s overpriced but needless $330-million national broadband network.

* * *

Three books just off the press:

 • Power Without Virtue: A Critical Perspective on Philippine Governance, in which Prof. Rene B. Azurin makes sense of confusing and obfuscating public officials, by Anvil, available at PowerBook, Fully Booked, and National Bookstores in Metro Manila;

• A Country Not Even His Own, the odyssey of Greek author Steve Psinakis in fighting for Philippine freedom and democracy against a tyrant, also by Anvil;

• Stamps of the Philippines: Historical and Topical Collection 1854-2004, a comprehensive coffee table record of the postage markers from yesteryears to modern times, published by Mina T. Gabor, president of the Philippine Small and Medium Business Development Foundation.

* * *

E-mail: [email protected]