Is Barangay Kapitolyo, Pasig City an exclusive … barangay ?

Driving up along Shaw Boulevard coming from C5 Highway, I met heavy traffic several meters before the Old Rizal Provincial Capitol. Being in a hurry, I hastened to take a left turn after a Petron Gas Station intending to take a shortcut through the inner side streets of Barangay Kapitolyo.

But I was met by a security guard-manned entrance gate and the guard informed me that entry is exclusive only to residents with car stickers. I asked since when has this been so, and I was told this particular street was closed to public motorists for several years already. Not wanting to pointlessly argue with the guard, I proceeded along Shaw Blvd. intending to take another left turn further ahead. But even before I could make that left turn, I saw that the street was closed by a high steel fence. I drove on knowing there is another street where I can take the left turn, but that street was also fenced and closed.

So, I began to wonder, is Barangay Kapitolyo an exclusive subdivision, or an exclusive barangay that the residents, or at least someone, was able to close those three public barangay streets.

I checked online and confirmed that Barangay Kapitolyo is really a Barangay of Pasig. As a barangay, it is therefore puzzling why entry to it is exclusive to residents and only to those with car stickers. Thinking I may have missed something, I also checked if Barangay Kapitolyo could somehow be also an exclusive subdivision. But nowhere is it listed as a Pasig subdivision, just a barangay.

I read somewhere that a city or municipal ordinance would be required to legally close a public street. I have no way of immediately confirming this so I first tried asking around. And according to people I talked to, this is how the streets were closed.

At first, the streets were blocked by putting sand, gravel and wood. Then, a sign was posted declaring that it was being “ temporarily closed for repair ‘’. After one or two months, steel fences were put up that closed access to those streets. No further sign or announcement was made about the streets. They were simply closed and no one it seemed bothered to question the street closure.

A similar steel fence was erected along Brixton street near the Pioneer Center, but maybe due to certain business establishments being located farther down that street, the street was not permanently closed as the steel fence was actually of the swinging type, much like a steel gate.

I remember that there was similar controversy several years ago in Paranaque where several subdivisions refused to allow entry for public motorists just passing through. Paranaque motorists were very adamant however because of the heavy traffic situation there. In the end, I believe the right of entry of motorists was eventually upheld.

The case of UP campus also comes to mind where around two or three years ago, several streets that had been open to the public for perhaps decades were suddenly closed to the public. But of course it was government land and a university campus at that, so no one could really question the prerogative of the authorities there to do so, specially in the light of several crimes being committed there specially at night.

Which reminds me of the exclusive Bel-Air Subdivision in Makati which to this day, allow public motorists to drive through their streets as a short cut from JP Rizal street near the City Hall to Jupiter street near Buendia Avenue.

Somehow, one could not really understand why an exclusive subdivision like Bel-Air would allow the public to have access through their private streets but Barangay Kapitolyo would not allow, in fact, fence off the public to prevent them from passing through public barangay roads. One could only guess that maybe someone or some people living in Barangay Kapitolyo feel that they need all the security that they could get. Those people may also feel they need more and more barriers between them and other people. Even if what they are keeping for themselves, the public streets, is not theirs alone.

Martial Law , Massacre, Maguindanao, Macapagal

Gloria Macapagal Arroyo placed the province of Maguindanao under Martial Law by issuing Presidential Decree 1959. Justice Secretary Agnes Devanadera, flanked by police and military generals, and Press Secretary George Remonde, had to repeatedly explain to the gathered mediamen that there was existing rebellion in that province that justified this martial or military rule, though it was not of the shooting kind of rebellion, but rather, of the disobedience to lawful authorities kind, whatever that meant. Known to have come out from the Office of the Government Corporate Counsel, that is, immersed in government corporate lawyering, Devanadera appeared tongue twisted to explain what is rebellion and what constituted this crime.

It was just a few days before that the entire nation and the international community was shocked to learn of the daylight massacre in Maguindanao of over 60 unarmed civilians, including women, 2 lawyers and 30 journalists alleged committed by the political warlord clan of Ampatuan, which is closely allied with Macapagal Arroyo. The strong clamor for quick and decisive justice was banging at the doors of Malacanang and the immediate arrest of alleged mastermind Mayor Andal Ampatuan Jr. looked headed in the right direction. Still, many voiced that the government was not doing enough. Then, suddenly, Friday evening ( December 4 ) and early Saturday morning, it leaked out that Martial Law was declared in Maguindanao.

That this martial law was declared eleven days after the massacre, and after the arrest of Andal Ampatuan Jr. makes it anti-climactic, to say the least, and outright unnecessary. It was thus easily met with suspicion, maybe a prelude to whitewash the murder cases, as Senator Rodolfo ' Pong ' Biazon warned appearing on TV.

Earlier, ARMM Governor Zaldy Ampatuan, brother of Andal Jr., himself appealed on TV and radio to the President asking that their side be heard. It was the same Governor who handed his brother to the arresting authorities to show cooperation with the government. Then almost immediately after this appeal, govt. forces were shown on TV taking over and blocking entry into the provincial capitol and other local offices, including practically confining the Ampatuans inside their Mansion compound as army troops round the clock manned the entrance gates. And days later, weapons cache supposedly of the Ampatuans were confiscated by the police and military.

Yet, generals of the police and military would support Secretary Devanadera that the provincial offices were all closed to confirm the existence of rebellion, that is, in the form of open disobedience and transfer of allegiance from lawful government authorities. How all these happenings could be mixed up and interpreted as rebellion is certainly a mystery that only Malacanang and its atom-splitting lawyers could divine. But that is something they are well known for, and nobody was really surprised by PD 1959.

Which leaves everybody, looking again at the Supreme Court and the Congress to place everything in right order and reason, if not that, then, just to make things not overly distressful or overly insulting to people's intelligence. So that, yes, after so many tries and failures, these two separate branches of government have another opportunity to convince the Filipino people that the thing we call as Constitution, is not only partially true depending on who is in Malacanang, but is really what it is claimed to be, the supreme law of the land.

In making such a bold and daring proclamation of martial law, the government may have sought to appear decisive and uncompromising in its position to go after the perpetrators of that dastardly and savage crime. However, in this present political climate of distrust and constant maneuvering, in large part due to the administration's questionable motives in many a number of controversial moves and decisions, there was an immediate backlash from many sectors assailing the Martial law declaration.

Gloria Macapagal Arroyo has therefore achieved to add yet another point of similarity with the late dictator Ferdinand E. Marcos. In the same manner, it was then Information Secretary Francisco Tatad that read on TV and informed the nation of the declaration of P.D. 1081 placing the entire Philippines under Martial Law, thus unleashing the military and police on the helpless Filipinos to start years of Marcos rule. This time, 37 years later, it it Executive Secretary Eduardo Ermita reading a similar piece of paper on TV to immortalize his place in Philippine history alongside that of Kit Tatad.

What Happened to the Planned Relocation of Manggahan Floodway Squatters

In the aftermath of Typhoon Ondoy, a certain Architect Palafox, an authority on urban planning and construction, went on TV to identify the clogging of Manggahan Floodway as the root cause for the unprecedented flooding suffered by Metro Manila and nearby Rizal towns. He even identified the new SM Marikina commercial complex as standing right in the artery and thus, blocking the pathway of the Pasig River onto the Laguna de Bay. From the SM photo above, one could see the entire area under the bridge/flyover which was the former bank of the river but was transformed into road and parking space of SM and was itself submerged under water during Typhoon Ondoy.

Then, there was also Edgar Manda, President of Laguna Lake Development Authority , directly under the Office of the President, showing aerial photos of the same Manggahan Floodway and pinpointing specific squatter houses that blocked the most crucial areas of the floodway that caused the build up and retention of flood water that rose to levels never seen before.

And then almost everyone was convinced what had to be done, knew it could be done, and the only thing needed was supposedly ‘ political will ‘ to do it. The Mayor of Cainta, former news reporter Mon Ilagan, also the Mayors of Taytay, of Taguig and of towns of Laguna and Edgar Manda himself, issued bold statements promising to fully address this big problem which lay under the jurisdiction of their respective offices.

However, today, barely two months after Typhoon Ondoy and Typhoon Pepeng, nothing has been done. Instead, more construction are being done with new condominiums and other commercial buildings rising in pace with the increase in number of squatters. Rich and poor alike destroy the city and the environment. So rich and poor alike suffer when nature vents its rage.

Malacanan Car Plate versus Diplomatic Car Plate

Barely hours after our earlier post on the Filipino Privileged Class, tackling among others, the special car plates of government officials and other so-called local elite, there is breaking news report ( http://ph.news.yahoo.com/abs/20091120/tph-adb-staff-s-son-involved-in-ebarle-k-85c5a6c.html ) of fatal shooting involving a Malacanan VIP and a Foreign Diplomat.

In what is a real tragedy that took away the life of a young man, it is also a very vivid example of power gone overboard, and painfully very ironic, that two individuals, both riding on cars with special car plates, met on the street, resulting in this senseless shooting.

The victim it turned out is not really a government official but rather the son of a Malacanan top official, the Presidential Chief of Staff, but still using the VIP car plate OPCS, probably meaning, Office of the President, Chief of Staff. While his killer, per initial police reports is a son of a British national economist working with the Asian Development Bank ( ADB ), and also using an equally VIP diplomatic plate of 20903.

So here we have proof that indeed, VIP and official cars are used by persons other than their authorized users. And more often than not, these unauthorized users are the ones arrogant on the road, mostly, drivers, or family members, sometimes, just ordinary office staff.

I actually pass by that road, Bonnie Serrano, Quezon City, near Camp Aguinaldo, and I actually remember recently seeing one similarly colored Toyota Land Cruiser driving behind me. Not sure though if its the same vehice. I distinctly remember it because its what we call ' Subic ' or Japan surplus vehicle. I also remember it for no other reason than I thought it had a menacing look, big SUV, tinted windows, and being near to a military camp, my mind wondered who could be inside.

Believe it or not, several weeks back, I also saw a Honda CRV model circa 1998 ( same car supposedly used by the shooter ) with diplomatic plate and with a young white foreigner driving somewhere along Julia Vargas Avenue in Pasig. The young man was I think with blond hair. I remember him because his CRV was not tinted and so, he was very visible from the outside.

In that traffic altercation that led to the shooting, one could imagine that neither of them would give way, aware of power and influence, even legal immunity, being on their respective side. And it seems a speeding car is not as fast as a speeding bullet, with the mind proving itself to be the fastest. It moves in blinding speed from leisurely thinking about driving to instantly deciding on murder.

Not to say, either or both acted precisely like that, but, this supposition could not be too far from what actually happened.

If anything is to be learned from this incident, it is that the feeling of privilege and power, exemplified here by VIP plates of the highest order, diplomatic and malacanan, are in the chaotic streets, not added security or protection, but may even push one closer to danger. Surely, a free ticket not to be accosted by police for traffic violation or color coding, is not worth all the risks.

Not too long ago, well actually to the time when NPA hitmen were targetting police-military and government officials, very few, if any, used such identifying special car plates that revealed their high official rank. In fact, there were the so-called security car plates, which are actually civilian car plates, to allow the user to move around unrecognized, and presumably out of danger, while on the streets.

But times have quickly changed. Those in power in government now, have taken the opposite stance, to reveal their power and their privilge, by having those special car plates, proudly announcing to one and all, here is a VIP.

It was only a matter of time before two such VIPs met on the road. And it did.

Notes:

How will concept of diplomatic immunity apply to the son of the ADB official?

From online sources, we find that there are several levels of diplomatic immunity. The highest rank are the diplomatic agents, together with their immediate family members, who are completely immune from criminal prosecution and for certain civil suits. Such immunity carries immunity from arrest, detention, questioning and being searched. The next rank, involving tecgnical staff, and then, ordinary staff have lower degrees of immunity which applies generally only to their officials acts.

In the case of the Asian Developmeny Bank, it is not a country or state, but as an international organization is afforded similar level of immunity, like officials of the UN, Asean, World Bank and others.

Offhand, we can say that the subject ADB economist is likely not of the highest diplomatic rank but probably second or even third level. It is notable though that whatever his level of immunity is extended to his son as an immediate family member.

An interesting fact, the ADB employs approximately 2,400 people, coming from 55 of its 67 member countries, and with more than half of the staff being Filipinos. So. one can venture to guess how many of them are in Metro Manila with diplomatic immunity.

The Filipino Privileged Class

There is probably no better example of Filipinos' obsession with titles and privilege than the rampant use of the term ‘ Honorable ‘ by everyone from the highest to the lowest possible official in the government, Used to be reserved for high officials like governors, mayors, congressmen, senators and judges, now even municipal councilors and barangay kagawads demand that they be referred to as “ Honorable “. or “ Kagalang-galang “.

There is also that badge or crest of royalty exemplified by special car plates for these same group of privileged officials who try as much as they can to be looked up by society and specially to be looked up when they are on the streets in their magnificent modern chariots.

It used to be that only the president, vice president, members of congress have specials car plates. Now, practically every government official from a mere director level ( about the same rank as a colonel in the military ) and up, has his or her own special plate. As if there is a matter of national urgency for say, a chief or director of some obscure division in the DA, DFA, LTO, DILG, DOJ, DOLE or just about any department or agency, one to merit a special pass to proceed and drive unimpeded on the streets and to require the serf people to immediately stop what they are doing and give way to the passing royalty.

Nowadays, every social-climbing and vain enough person or group or organization willing to pay cash could have their own special car plate to announce to everyone that they too are part of the titled and privileged elite in this seeming country of nobles, datus, lakans and rajahs. Third world country and all, but the elite of this land nonetheless.

And if one cares to take notice, every high government official also demands to be called cabinet secretary even if his or her official title or position is director general, or chairman or the so called presidential consultant. It is a cabinet rank position, it is immediately explained, notwithstanding, that this so called ‘ secretary ‘ has no department or even an office to run as his or her being a presidential consultant is in fact a one man or one woman office, a plain lobbyist and influence peddler, nothing more nothing less.


Surely, the guy that coined the term public servant to refer to a government official was way way dreaming in fantasy land.

Gasoline Hoarding – Gasoline stations closing its pumps claiming they are out of stock.

This is plain hoarding and is also criminal.

Gasoline companies and dealers regularly maintain reserves of at least 90 days. This is a business truism to have enough stock to sell to customers and also a cost-saving measure to buy or import as much as you can to minimize import, transport and other costs.

In fact, it is the mantra of gasoline companies, Petron, Caltex, and Shell, and lately, even by so called independent players, in refusing to lower their prices even as world crude prices go down by claiming that their ever available retained inventory were purchased at higher cost , and must be sold out first before new prices could apply and then, only on new inventory.

It is therefore unbelievable that they will now suddenly run out of supply, timed very suspiciously with an issued Executive Order requiring a freeze on prices, and there being moreover no surge in either local or international demand.

And for the government to just sit and watch the oil companies do this blatant criminal offense of hoarding is criminal connivance at the very least. Secretary Angelo Reyes of Department of Energy ( DOE ) in fact acting as virtual co-conspirator by accurately predicting this gasoline shortage to happen, that is, the very next day.

Time and again, government officials prove that they are inutile and are in the payroll of big businesses, if not of criminal syndicates. The least that a good meaning and protective of public interest Department of Energy or even local government unit official could have done is conduct inspection of gasoline companies and dealers to check if their storage tanks are really out of gasoline. As it is right now, the Filipino public is expected to just believe their word that those storage tanks are empty dry and that one could actually throw a burning match or lighted cigarette at them and they, the oil companies and dealers, won't care a bit.

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