PCOS and the rule of law; The Chinese statement on Aquino's spy plane request from US

The Automated Election System (AES) has submitted to the Supreme Court a motion for reconsideration on its recent decision on PCOS.

The intimidated Supreme Court ruled recently (after the Corona impeachment) to allow Comelec to buy and use the controversial PCOS machines again in 2013. There are many things wrong with the machines and questions have not been answered. But these are not being discussed. The petitioners are confining the MR to a question of law. It is wrong for the Supreme Court to allow the purchase because it is against the law.

Here’s the law: The period of the option to purchase under the Automated Election System (AES) contract had already lapsed on Dec. 31, 2010, which makes the new deed of sale executed by Smartmatic and Comelec illegal.

“If Comelec desires to procure PCOS machines and items like those under the void deed of sale, it should now conduct public bidding,” the group argued. It added “that the sanctity of the ballot and the electoral process are best secured when the electoral system is opened to healthy, competitive public bidding.”

Citing the law may not raise the heckles of the public but it needs to be done. If we accept government propensity to ignore the law then we are headed towards anarchy. We saw it happen during the Corona impeachment. If the government has succeeded in ignoring the rule of law in a case with such wide publicity, what should stop it from doing a second, a third and a forth?

As a layman, I too thought that concentrating on a violation of the law on extending contracts for government product was not as significant as tackling the cheating done through those machines in 2010. But the lawyers had a ready answer. The Supreme Court is a trier of law, not of facts.

 Therefore if the petitioners confine themselves to the law that Comelec violated when it renewed the contract of Smartmatic PCOS for 2013, there would be a greater chance to win a motion for reconsideration.

Petitioners reiterated that it is not too late for the SC to order the conduct of requisite public bidding of the items needed for the upcoming 2013 elections. That is the meaning of following the law and one would expect the justices of the Supreme Court to abide by that. I wonder who of them can be trusted to decide in favor of the rule of law. Hmm.

I am puzzled by the ruling penned by Associate Justice Diosdado Peralta. It warned petitioners if they cannot give a plausible alternative to “ensure the conduct of a successful 2013 automated elections, in the event that the Court nullifies the Deed of Sale.” If the Supreme Court were to follow the rule of law then the contract should be nullified for violating Republic Act 8436 which is also known as the Poll Automation law). There are no exceptions.

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Rather than dwell on the embarrassing statements made by our government to request “spy planes,” it may be more useful to hear what the Chinese themselves have to say. This statement comes from the Chinese Foreign Ministry Spokesperson Liu Weimin.

Q. It is reported that Philippine President Aquino said the Philippines may ask the United States to deploy spy planes over the disputed South China Sea areas. What’s the Chinese side’s comment?

A: We have noticed the reports. I’d like to reiterate it is the hope of the Chinese side that peace and stability can be maintained in Asia Pacific region, and parties concerned do things conducive to regional peace and stability.

Q: Is China concerned that the Philippines may instigate the discussion of South China Sea issue at the Asean Regional Forum (ARF) foreign ministers meetings

A: ARF Foreign Ministers Meetings are to be held in Cambodia soon. The Chinese side expects to exchange views with various sides on China-ASEAN relations, East Asia cooperation, Asia Pacific security cooperation, and regional and international situations, and to make preparations for the upcoming East Asian Summits in November. We hope achievements can be made in enhancing mutual trust between countries in this region and maintaining regional peace, stability and prosperity.

The Chinese side believes that ARF Foreign Ministers Meetings is an important platform for enhancing mutual trust and strengthening cooperation, not the right place to discuss South China Sea issue.

The situation of the South China Sea remains stable on the whole. The communication channels between China and other parties are open and effective. China is willing to continue to hold dialogues and consultations with countries involved to solve the South China Sea issue with peaceful means.

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I was pleasantly surprised to be invited to the 58th anniversary of the creation of the Japan Self-Defense Forces or JSDF at the Embassy Residence hosted by Ambassador and Mrs. Urabe.

I have very close links with Japan because I studied there. Indeed my father bought a house in Meguro-ku when I was a young girl and when there were hardly any Filipinos living there. But there you are, it is like finding a lost love. You want to know everything at once on how it had been since the separation. But I am now a journalist and Japan is a country with an important role to play in our region so back to the job at hand.

I asked Japanese embassy officials if there was an essential difference between a regular army and the Japan Self-Defense Forces. In theory, the answer is simple — a regular army was forbidden in Japan for many years after World War II, but soon it was allowed to organize its unified military forces. It was careful that it should be referred to as “self-defense forces.” We learn that for most of the post-war period, the JSDF was confined to the islands of Japan and not permitted to be deployed abroad according to Wikipedia. But recently they have engaged in international peace peacekeeping operations especially with North Korea. 

That has started a new debate on just what role JSDF will play in Japanese society.

Here is an interesting food for thought on what that role might be: “New military guidelines, announced in December 2010, will direct the Jieitai away from its Cold War focus on Russia to a focus on China, especially regarding the dispute over the Senkaku Island.”