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Cronies and Enemies

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Cronies and Enemies CRONIES AND ENEMIES: THE CURRENT PHILIPPINE SCENE Belinda A. Aquino Editor John F. Doherty, S.J. Jovito R. Salonga, }.S.D. Contributors PHILIPPINE STUDIES OCCASIONAL PAPER NO.5 PHILIPPINE STUDIES PROGRAM CENTER FOR ASIAN AND PACIFIC STUDIES UNIVERSITY OF HAWAII HONOLULU, HAWAII 96822 AUGUST 1982 .• • \ THE CENTER FOR ASIAN AND PACIFIC STUDIES (CAPS) was established by the University of Hawaii in 1980 to coordinate and strengthen its unique and extensive resources for advancing knowledge about Asia and the Pacific and to make these resources more widely known and available. CAPS incorporates the University's Asian Studies Program, Pacific Islands Studies Program, Center for Korean.Studies, Philippine Studies Program, and Councils for Chinese and Japanese Studies. It works with and for all of the many other departments and schools of the University on matters related to Asia and the Pacific. THE PHILIPPINE STUDIES PROGRAM was initiated in 1975 to offer an integrated program of academic instruction and research on Phil­ ippine studies, promote scholarly and professional interest in the Philippines, provide information and educational resources to groups and individuals interested in the Philippines or in Filipinos, and further develop a comprehensive collection of Philippine research material. Inquiries about CAPS or the Philippine Studies Program may be addressed to: The Director, Center for Asian and Pacific Studies, Moore Hall 315, University of Hawaii, Honolulu, Hawaii 96822. Copyright 1982 by the Philippine Studies Program TABLE OF CONTENTS PREFACE. • • . • • • • • • • • • • . • . • . • • • • . • • . • • . • • • • • • • • • . • • . • . • . • . • • • • • • • • • • . v INTRODUCTION: PROTECTING THE CRONIES AND HOUNDING THE ENEMIES by Be linda A. Aquino. • . • . • • . • . • . • . • • • • • • • • • • . • • • • . • • • • 1 A. WHO CONTROLS THE PHILIPPINE ECONOMY: SOME NEED NOT TRY AS HARD AS OTHERS by John F. Doherty, S.J. Introduction. • • • . • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • . 7 Investment Houses. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • . • • • • • . 9 Financing Companies. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 10 Insurance Companies. • • . • • • • • • • • . • • • • • • • • • • • • • • . • • • • • • . • • • • . • • • • • • 11 Banking Groups. • • • . • • • • . • • . • • • • • • • . • • • • • • • • • • • . • • • • • • • • • • • • • • • • . 12 Analysis of Data ••••••••••••••.•••••••••••••••••....•••••••• ; • • • • 22 Conclusions. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • . • • • • • • • • • • • • • 31 Footnotes. • • • • . • . • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • 34 B. THE EXTRADITION TREATY BETWEEN THE PHILIPPINES AND THE UNITED STATES: FACTS AND IMPLICATIONS by Jovito R. Salonga, J.S.D. Introduction. • . • • • • • • • • • • • • • • • • • • • • . • • • • . • • • • • • • • . • . • • • • • • • . • • • • • 37 Meaning and Purpose of Extradition: The Basic Problem .•••••••••• 38 Devices Other Than Extradition ••••••.••••••.••••••••••••••••••••• 39 Common Characteristics of Anglo-American Extradition Treaties •••• 40 The Role of the Judiciary in Anglo-American Law •••••••••••••••••• 42 Political Offense Exception: The Anglo-American Cases ••••••••••• 45 The Irish Republican Army and the Move to Alter the Present Procedure on Political Offenses .••••••••••••••••••••••••.•••••• 46 Marcos' Major Problem. • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • . 49 The Legal System in the Philippines Under the Marcos. Regime •••••• 51 Illegal Discrimination Against Filipinos Under Article 8 ••••••••• 54 Convicted Persons and Supporting Evidence Under Article 9 of the Proposed Treaty.. • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • 57 Provisional Arrest Under Article 11 of the Proposed Treaty ••••••• 58 The Retroactivity Clause of the. Proposed Treaty •.••••••••• • •••••• 60 Conclusions ••••.•.••••••.•••••••••••••••••••.••••••.••••••••••••• 62 Footnotes.. • . .. 64 APPENDICES A. Supplemental Data on the Cases •• ; ••••••••••.•.••••••••••••••••••• 66 Footnotes • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 71 B. Copy of the Proposed Extradition Treaty Between the United States of America and the Republic of the Philippines •••••••••. 72 PREFACE In the spring of 1982, a former Philippine Senator and a Jesuit priest who had been a ldng-tirne Professor and Vice President at the Ateneo de Manila University found themselves residing in Hawaii. The senator, Jovito R. Salonga, and the priest, John F. Doherty, have much in COI!DDOn. Both have pursued long and distinguished careers in Phil­ ippine politics and academia, respectively. Both have taught for several years in major Philippine universities and institutions. Both have also conducted extensive research and pulil.ished several books and professional articles in theirrespective fields - Law and Sociology. Finally, both have an inclination toward critical insight, as a result of which they are unwelcome to the current Marcos regime in the Philippines. Salonga is being linked to various anti-regime activities and Doherty, an American citizen, is being refused re-entry to the country for "highly confidential reasons" the Philippine Inunigration Commissioner "is not at liberty to divulge." In a sense, Salonga is "exiled" indefinitely, and Doherty has in effect been deported de facto! Because their careers and contributions have enriched the state of Philippine scholarship, they were asked to give lectures on their special­ izations in the Philippine Studies Program Lecture Series of the Center for Asian and Pacific Studies at the University of Hawaii. The lecture series invites scholars, researchers, professionals, and other individuals who can talk about topics related <ho the Philippines or Filipinos, parti­ cularly their own research. The series has gone on regularly since 1975 when the Philippine Studies Program was established at the university as part of the bigger programs on Asian and Liberal Studies. Speakers have either been invited or have volunteered to give lectures which are free to the public. In their lectures, Salonga and Doherty addressed topics of current concern both in the Philippines and abroad: the much-talked about extra­ dition treaty between the Philippines and United States, and the Philip­ pine economy, which has Seen major changes since martial law was imposed by Marcos. Their lectures were written up and edited for publication in the Occasional Paper Series,which is also a regular component of the Phil­ ippine Studies Program. This publication series aims to provide an outlet for scholarly research and writing on Philippine-related themes. It complements the academic instruction aspect of the Program, which consists of several courses on the Philippines/Filipinos that are taught by various departments and programs at the university. Inquiries regarding the lecture and publication series may be ad­ dressed to Dr. Belinda A. Aquino at: Philippine Studies Program, Center for Asian and Pacific Studies, University of Hawaii, Moore Hall 315, Honolulu, Hawaii 96822. University of Hawaii August 15, 1982 v INTRODUCTION: PROTECUNG THE CRONIES AND HOUNDING THE ENEMIES BY BELINDA A. AQUINO' September 1983 marks the tenth year of Philippine authoritarian rule under Ferdinand Marcos. Critical analysis of the Marcos record has re­ volved around the destruction of democratic institutions in the Philippines and the poor performance of the economy, relative to the goals he has set. Increased militarization and endless legalistic manipulations of the poli­ tical system have effectively consolidated power in the regime, precluding any real opposition and avenues for genuine participation and expression. The political legacy of Marcos to Filipinos will be one of uncertainty, instability, and chaos as no clear lines of succession emerge even with the formation of a so-called Executive Committee of 15 to handle the pres­ idency in case Marcos dies or gets incapacitated. How the Committee will do this, nobody knows, perhaps not even the Committee Members themselves. What seems clearer is Marcos' desire to have his wife, Imelda, in contention as a possible successor. He recently named her to the Executive Committee "with the understanding that this will serve the end of training qualified individuals for national leadership, especially representatives of the younger generation and the women, whose representation in decision and policymaking has so far been underemphasized. nl (Underscoring supplied. l She has repeatedly disavowed any ambitions for the presidency but her next "Imelda-ism" is predictable: if the people want her to serve, she will follow their wishes. Of course, an outpouring of sentiment from the barangays (symbolizing the people) all over the country will be orchestrated to give her an aura of strong popular support. Her emergence as an active contender further complicates the political picture that is now character­ ized as "a game that is clearly post-Marcos. "2 It raises a number of questions such as, will the military allow it? Is she acceptable to the United States, a key factor in the future of Philippine politics? Does she really have a genuine popular mandate? Is she going to be another Isabel Peron? Needless
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