Category: Lies

Senator Imee Lies About RITM in Pushing for SB1407
Posted on by diktaduraadmin

Originally published by Vera Files on April 25, 2020.

On April 23, 2020, the office of Senator Imee Marcos issued a press release commemorating the 39th anniversary of the Research Institute for Tropical Medicine (RITM) and to highlight Senate Bill (SB) 1407, her bill that is supposed to expand RITM. The press release was posted on the senator’s Facebook page and the Senate website. The Manila BulletinGMA News, and Remate reported on it. The Facebook post, as of this writing, has received over 3,900 reactions and 500 shares.

SB 1407, filed by the senator on March 9, 2020, is entitled “An Act Expanding the Research Institute for Tropical Medicine, and for Other Purposes.” It was also meant to portray her and her late father as the only politicians who have shown support for RITM, though looking through the bills she filed when she was in the House of Representatives from 1998 to 2004 via the House’s website, this was the first bill she ever filed specifically about RITM. The press release states in part:

“The long neglect of RITM dates back more than 30 years ago when the Cory administration started treating it like a leper, just because it was built by my father, then President Ferdinand Edralin Marcos, through Executive Order No. 674 in 1981,” Marcos said.

“The technical cooperation with the Japanese government that helped build and equip the RITM as the country’s prime biomedical research center was pushed aside, erasing its importance in the public mind, and squandering the momentum which could have benefitted us today,” Marcos added.

Marcos has filed Senate Bill 1407 to rescue what is arguably the DOH’s most neglected agency from its decrepit state, increase its qualified personnel and their salaries, expand its presence to key population centers outside Metro Manila, and revive its ability to effectively handle the magnitude of future pandemics.

“The RITM’s mother agency, the Department of Health (DOH), has failed to learn the lessons of history,” Marcos said, citing the slew of pandemics that have already hit the country: acute immunodefficiency syndrome (AIDS), severe acute respiratory syndrome (SARS), the Middle East respiratory syndrome coronavirus (MERS-CoV), and now the coronavirus disease 2019 (COVID-19).

These are lies. The statement “Built. . .through Executive Order No. 674 in 1981” is inaccurate, as the RITM was already under construction well before the order was issued by President Marcos. As we have discussed in a previous article, RITM was heavily dependent on money from the Japanese government for its capital and equipment outlay, and would not have functioned well during the Marcos regime with government funding alone.

In 1985, the original five-year RITM Technical Cooperation Project (TCP) between the Japanese and Philippine governments was scheduled to conclude. In October 1985, the project was extended up to early 1988. The Corazon Aquino administration did not pre-terminate the agreement. In fact, even if the TCP ended in 1988, according to RITM’s annual report for that year, the Institute received “a grant-in-aid from the Japanese government for the improvement and expansion of the institute,” which entailed “a training center and a dormitory facility, construction of which commenced in April 1988.”

Looking at the Philippine government appropriations for RITM from 1983 to 1987 is also instructive. Based on the 1983 General Appropriations Act, in 1983, RITM was given PHP 8,635,000. Based on the 1984 RITM annual report, the institute received PHP 6,655,000 from the national government; and in 1985, based on the RITM annual report for that year, PHP 9,503,656. On the other hand, the 1986 RITM annual report states that throughout 1986, the allotment for RITM was PHP 14,473,000 (a PHP 4.9 million increase). In 1987, based on the budget enacted by Corazon Aquino via Executive Order No. 87, RITM received PHP 14,641,000—over PHP 5 million more than it received during the last full year that Marcos was president.

What was jettisoned from RITM after the EDSA Revolution was a foundation called the Research Foundation for Tropical Medicine, Inc. or RFTM, which was established on November 5, 1984. As noted by Ricardo Manapat in his book Some are Smarter than Others, RFTM’s incorporators included “Ambassador Eduardo Cojuangco, businessman Lucio Tan, [and] Presidential Legal Adviser Manuel Lazaro, all of whom were close associates of Marcos.” On April 24, 1985, Marcos retroactively authorized the RFTM to conduct a “national fund campaign” from December 16, 1984 to December 15, 1985 via Proclamation No. 2416. He called on “all citizens and residents of the country” to “assist in the endeavor by giving generously of their means and to actively support the campaign,” and called upon all government agencies “to donate generously from their funds to the Foundation.” The financial statement in the 1985 RITM annual report did not indicate the amounts the foundation received, if any, as a result of this donation drive.

RFTM was superseded by the New Tropical Medicine Foundation, Inc. in 1987, which fulfilled RFTM’s grant reception and administration functions.

Instead of being treated as a “leper,” RITM in fact continued to thrive under the Corazon Aquino administration. This was the time when RITM’s Office of Public Information and Research Dissemination—to help make RITM’s findings more publicly accessible—and the Tropical Medicine Research Center (TMRC) were established. According to Dr. Mediadora Saniel, former director of RITM, in the institute’s 1990 annual report, that year was RITM’s “most productive year,” getting “the largest total research funding the Institute has ever obtained in any single year.” Among the grants received by RITM was a five-year grant from the U.S. National Institutes of Health for the TMRC.

The 1992 RITM Research and Training Division report opens with the line, “Research and Training activities conducted by the different study groups of the Division were both greater in scale and more diverse than in previous years.” The 1992 RITM annual report also shows that the institute, through the New Tropical Medicine Foundation, Inc., continued to receive millions in research funding, including considerable amounts from the Japanese government.

To highlight RITM’s 25th anniversary, Dr. Fe Esperanza J. Espino, in a 2006 article in the Philippine Star, enumerated the pioneering and robust research that the institute had undertaken on acute respiratory infections (ARI), dengue, diarrheal diseases, Human immunodeficiency virus (HIV)/AIDS, leprosy, malaria, rabies, schistosomiasis, tuberculosis, and viral hepatitis.

A book celebrating RITM’s thirtieth anniversary was released in 2011. Its pages show a highly active and accomplished research institution, at the forefront of the country’s battles against diseases such as tuberculosis, rabies, and AIDS, receiving institutional awards from the Philippine government and the World Health Organization between 1997 and 2011. The book also gives a glimpse of how ably RITM faced the SARS and H1N1 pandemics during the Gloria Macapagal-Arroyo administration.

A side note: the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, from whom we have been hearing from almost daily, was first established by then President Benigno Aquino III via Executive Order No. 168 in 2014 to prepare for and deal with various infectious diseases, including other coronavirus-caused conditions such as SARS and MERS.

Senator Marcos’s use of the words “neglected” and “decrepit” to describe RITM is inaccurate. The 2011 thirtieth anniversary book shows RITM as a well-equipped research institution, with its own vaccine production facilities. As an expression of the government’s confidence in RITM, in 2012 it received the biggest increase in its annual budget, from PHP 148,215,000 the previous year, to PHP 236,408,000, a 63 percent increase.

In 2014, RITM, with Japanese funding, commenced a project to construct a new Biological Safety Laboratory Level 3, capable of processing, detecting, and storing highly lethal viruses such as the Ebola Virus. In June 2018, the laboratory was certified as compliant with World Health Organization standards. It was inaugurated in August 2018. In 2019, it was reported that a Japanese company was going to give RITM advanced equipment for tuberculosis diagnosis. In the same year, RITM’s parasitology department received the Newton Prize Award for a project that, according to RITM’s press release, “resulted in a novel approach to improve malaria surveillance for elimination of the disease.” Finally, in 2017, RITM was ISO 9001:2015 certified—one of the first government organizations given such certification, according to RITM’s press release. The Provincial Government of Ilocos Norte was given the same certification during the same year; Imee Marcos has repeatedly cited this as evidence of how progressive Ilocos Norte became during her tenure as the province’s governor.

In short, Imee Marcos’s claim that the current difficulties of RITM are due to decades of neglect is not only disinformation, it also downplays the numerous achievements of RITM and its dedicated staff over the years and the support it has continued to receive both from the Philippine government and foreign funding agencies even after the Marcoses were ousted from power. Moreover, her claims about RITM in the face of COVID-19 is passing the blame of perceived mishandling of the crisis by the current government to the so-called “yellows” while glorifying her father’s regime—a tactic taken straight out of the Marcos propaganda playbook.

Indeed, this sudden interest in RITM seems to be mostly linked to another classic propaganda strategy—brandish your name, be a savior, especially during a crisis. Just like what her parents did with Kadiwa and nutribun. Unfortunately, Senator Imee Marcos was missing in action during the marathon special session of Congress that led to the passage of the Bayanihan to Heal as One Act. According to news reports, she was in home quarantine after it was confirmed that Senator Miguel Zubiri had tested positive for COVID-19. Nevertheless, she was reported to have submitted her proposed amendments to the COVID-19 emergency bill that was tackled on the Senate floor.

In a series of Facebook videos, she said that she had kept herself busy revising three bills. SB 1416, an amendment to Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, specifically to contemplate COVID-19, may be superfluous because the law already gives the Epidemiology Bureau of the Department of Health the power to list “notifiable diseases and health events of public health concern.” The other two bills, SB 1414 and 1415, are related to funding economic and social distress alleviation efforts and coronavirus detection, treatment, and control activities. The short title of her SB 1414 is “Pag-ASA: Alaga, Sustento, at Angat sa Panahon ng COVID-19 Crisis,” which, according to a post on her Facebook page dated March 23, 2020, is a proposed PHP 750 billion COVID-19 “emergency response and recovery package.” These are the three bills in between SB 1413 and SB 1418, the Senate’s versions of the Bayanihan to Heal as One bills. Senator Marcos’s bills were not consolidated with the bill that eventually became the COVID-19 national emergency law, which already allows the president to realign certain funds precisely to mitigate the effects of the current pandemic. As of this writing, a search of these bills via the website of the Senate yields a “not found” result.

Nevertheless, her Facebook and Twitter posts regarding her activities under quarantine have garnered thousands of reactions and shares—hardly unusual for her page, which has over 1.2 million followers. Her page has posted digital posters describing where she wants her proposed Pag-ASA funds to go, but without clarifying that these are merely proposals, leading to inquiries from several of the page’s followers regarding availment of what they think is a form of amelioration fund.

Outside of this social media community, a press release from her office regarding her Pag-ASA bill has been published in several news outlets. She has also talked about the bill herself in radio interviews. In her cross-platform media blitz regarding her efforts to help address the current crisis, she has either explicitly stated that she does not think it is necessary to give the president emergency powers, or, by emphasizing her Pag-ASA bill, is implying that the power of the purse cannot be ceded to the president. With the passage of the Bayanihan Act, she has been roundly rebuffed by her colleagues in the senate and by those in the executive branch.

She has since filed another COVID-19-related bill: SB 1427, which seeks to amend the Bayanihan Act to explicitly designate members of the media as frontliners, granting them a form of hazard pay. Again, this seems superfluous, as the Bayanihan Act already gives the president the power to grant such allowances.

Indeed, if her SB 1414 andSB 1415 were the ones tackled on the Senate floor, Senator Marcos may have had the chance to make the claim that she single-handedly drew up the financial plan to save the country from possible economic and social collapse. If her other COVID-related bills are enacted, she can claim to have been an advocate of particular frontliners. She could have had a ready response to the trending question, “Ano’ng ambag mo?” Instead, she is left to claim falsified past glory and alternative plans as her main contribution. Perhaps, besides the donations that she has been making here and there, she and the rest of her family can give, with no conditions, their fabled wealth to help beat the viral menace?

Marcos Propaganda in a Time of Plague
Posted on by diktaduraadmin

Originally published by Vera Files on April 22, 2020.

Nutribun. Kadiwa. Research Institute for Tropical Medicine. These are “brands” associated with the ousted dictatorship of Ferdinand Marcos that the COVID-19 crisis has brought to the forefront again.

On March 19, 2020 San Miguel Corporation announced it will start producing nutribun “for the hardest-hit families facing hunger as a result of the COVID-19 crisis.” The Department of Agriculture secured PHP 1 billion from the Inter-Agency Task Force for the Management of Emerging Infectious Diseases for the upscaling of its Kadiwa program. And Senator Imee Marcos reminded us that it was her dictator-father who built RITM, where almost all testing was done in the first weeks of the coronavirus outbreak in the country.

This is not to disparage these efforts and institutions, especially in this time of crisis. But as with all things Marcos, when history is brought to bear on nutribun, Kadiwa, and RITM, we are bound to learn of their flawed, if not failed execution during the dictatorship. This is what the current propaganda effort erases.

NUTRIBUN

It was also during a time of crisis that the Marcoses tried to make nutribun their own. Fifty years later, Imelda’s daughter, now Senator Imee Marcos continues to tout this piece of bread as Marcos manna.

On July 12, 1972, then President Ferdinand Marcos placed the entire island of Luzon under “a state of public calamity.” He immediately ordered a price freeze in response to the intense flooding that Typhoon Gloring (international name Rita) unleashed in the country from July 10–25, 1972. Up to 543 people were killed according to a report by the United Press International (UPI).

Nutribun as part of the relief efforts in the early 1970s

Nutribun as part of the relief efforts in the early 1970s. From the AID publication War on Hunger, October 1972.

It was during this period of calamity that Imelda made her move to turn foreign assistance into a branded Marcos largesse. A 2017 report in the newslab.philstar.com quoted Nancy Dammann’s memoir, My 17 Years With USAID, on what exactly Imelda did: “the nutribun bags were being stamped with the slogan ‘Courtesy of Imelda Marcos–Tulungan project’.” Lee Lescaze in an August 4, 1972 syndicated column, made a similar observation. “Plastic bags stamped with her name were being widely used at one time for relief grain distributed in central Luzon’s most-damaged villages.”

From these days of disaster, the one product that borrowed deep in the collective memory was nutribun. Not only was it present in relief packages during disasters since 1970, it was a staple in the AID’s fight against hunger and malnutrition in the Philippines.

AID described the bread as a “complete ready-to-eat meal” with more than 500 calories and over half an ounce of protein each. Major ingredients are wheat flour, nonfat dry milk and vegetable oil supplied under the Food for Peace program, combined with lesser amounts of sugar, salt and yeast. All principal nutrients, except VitaminC, are furnished in each bun.

Discussing the origin of nutribun, Paul E. Johnson, wrote in the July 1973 issue of War on Hunger that “the testing and development of soy fortified bread flour was undertaken primarily by Dr. C.C.Tsen and Dr. William J. Hoover of the Food and Feed Grain Institute of Kansas State University. Working under an AID contract, begun in 1967, to improve the nutritive value of cereal-based foods.” Their objective was to develop a bread “with 12 percent soy flour [that] is virtually indistinguishable from white flour bread–in texture, color, taste, loaf volume, or other traits. It is high in total protein, has well balanced protein, and it is relatively inexpensive to produce.”

The nutribun was first introduced in the Philippines in 1970. Mainly as part of relief efforts. The nutribuns that reached the schools as part of a nutrition program, were developed by Albert S. Fraleigh, an AID Food for Peace officer, and Dr. Ruben W. Engel, an AID contract officer and professor at the Virginia Polytechnic Institute, who worked together in the field of child nutrition and the fostering of school and pre-school child-feeding programs.

In 1971, as reported by AID in the December 1977 issue of War on Hunger, the Philippine government launched a four-year Philippine Food and Nutrition Program.

Nutribun as part of the feeding program in public elementary schools

Nutribun as part of the feeding program in public elementary schools. From The Marcos Revolution: A Progress Report on the New Society of the Philippines, 1980.

A central part of the government’s nutrition scheme was the school feeding program whose target was to reach 2.7 million underweight or malnourished children, particularly in public elementary schools.

But that goal seems to have been ambitious. AID reports from 1971 to 1982 (the last year when there was a formal assessment of the program) showed the top number reached was in 1973 with 1.7 million recipients. In 1982, recipients stalled at 1.25 million. From 1970 until the Marcoses were ousted in 1986, the number of public elementary school students rose from 6.9 to 8.8 million.

Also, the nutribun was not given free. At the start, an elementary school pupil paid PHP 0.10 for each nutribun; by the mid-1980s, PHP 0.25. The very poor students were provided sponsors.

It was not only the price of nutribun that changed over the years. From 500 calories, content was eventually halved to 250 calories (the same caloric count as today’s SMC nutribun).

There were also doubts on its impact in curbing malnutrition. Barry M. Popkin and Marisol Lim-Ybanez wrote in the journal Social Science and Medicine in 1982: “There is little evidence . . . that present school feeding programs have significantly enhanced the physiological capacity of students.” The 1982 national survey on nutrition also showed 40 percent of some four million households in the bottom half of the economic scale, or 1.6 million households, experienced hunger almost daily.

More than three decades later, on October 8, 2018, the siblings Bongbong and Imee Marcos started circulating in their various social media platforms a short video clip titled “Edukasyon at Palakasan” (Education and Sports) ostensibly to celebrate the 101st birth anniversary of Ferdinand Marcos. It made a straightforward claim: that nutribun solved the problem of malnutrition in schools.

KADIWA

On March 29, 2020, Senator Imee Marcos posted about Kadiwa on her Facebook page. The text was largely lifted from the history of the Food Terminal, Inc (FTI). The short history of FTI correctly attributed the emergence of Kadiwa stores to the oil crisis of 1973, when prices of many commodities soared and scarcity of food was felt. “It was during this time that the concept of retailing the seven basic commodities at government-controlled rates was systematized. On April 14, 1980, the first KADIWA Center was put up at the FTI Complex,” it said.

But even before the first Kadiwa store was put up, another oil price shock rippled through the country in 1979. Transport, water and power rates rose and commodity prices spiked.

Jürgen Rüland, in a 1986 article in the Asian Journal of Public Administration, pointed to a pre-Kadiwa effort of the Imelda Marcos-led Metropolitan Manila Commission (MMC) – the so-called “rolling stores” project in 1979 that sold food and essential items in depressed areas at subsidized prices.

The actual legal basis for the Kadiwa stores was the 1981 Presidential Decree (PD) 1770 which placed FTI, and with it the incipient Kadiwa, under the National Food Authority (NFA). PD 1770 also designated Imelda as the head of the council that ran the NFA.

Inauguration of a Kadiwa store with Ferdinand and Imelda Marcos in attendance. From The New Philippine Republic, 1982.

Ramon L. Clarete, in the 2008 book From Parastatals to Private Trade: Lessons from Asian Agriculture, described how NFA responded to this particular mandate by launching the Kadiwa program, operating mobile and retail stores in urban and depressed areas. The stores sold at subsidized prices basic food items like rice, sugar, cooking oil, coffee, milk, and noodles.

Imelda proved to be the controlling presence behind Kadiwa. As minister of human settlements and head of the MMC, she also led the NFA.

But the public money that went into subsidizing Kadiwa was not just for the commodities it sold. Gerardo P. Sicat, Marcos’ former minister of Economic Planning, explained in a December 1984 speech that to set up and support Kadiwa stores, the NFA, through FTI, had to invest in new buildings, transport equipment as well as raise its working capital to hold inventory and hire addition manpower.

Even during its heyday, reception to Kadiwa by Manila’s poor was not as enthusiastic as now recalled. A perception study on poverty and programs to redress it among Manila’s poor published by Leandro A. Viloria and Dolores A. Endriga in the October 1984 issue of Philippine Planning Journal found that people were discouraged by the queues, the distance of the stores and some irritable service personnel.

By 1983, in the face of ballooning foreign debt obligations, another peso devaluation, and a drought, the promise of cheap prime commodities from Kadiwa became as scant as the goods on its shelves. In June and July of that year, there was a sugar and rice shortage, and the price of cooking oil spiked. All these were before the economic and political tailspin that the assassination of Ninoy Aquino triggered in August that year.

Hoarding and overpricing became common. Raids on stores and warehouses became a news staple. By May 1984, the scarcity of consumer goods accompanied by rising prices, remained an unsolved problem for Marcos. The best he could do was to impose price control on basic commodities.

By November 1984, a kilo of rice cost PHP 5.35 in Kadiwa outlets; it was PHP 4.25 in May. The average minimum daily wage dipped from PHP 20.00 in 1983 to PHP 16.00.

On May 31, 1985 Marcos issued Executive Order (EO) 1028 instructing the NFA to transfer “all Kadiwa and other non-grain operations of the [NFA] to [FTI], and subsequently (b) the transfer or divestment of the operations of [FTI], including the Kadiwa operations, as a joint venture between the government and the private sector, without prejudice to the possibility of a full transfer to the private sector immediately or ultimately.”

Clarete argued that Marcos’s epiphany was more of buckling to pressure from the Asian Development Bank. “In 1985, in need of foreign exchange to manage its foreign debt, the government agreed . . . to end both the Kadiwa program and the wheat import monopoly of NFA. Political support for the program weakened as the Marcos government became increasingly isolated.”

For Sicat, it was a costly and losing operation from the start. And in the end, he said, Kadiwa lost to “the small sari-sari neighborhood store and the medium-sized grocery.” Viloria and Endriga’s study supported Sicat’s conclusion. Instead of going to Kadiwa, respondents went to nearby markets, spending less on transportation, it said.

Rüland also expressed skepticism that Kadiwa actually helped the poor. He pointed out that by government’s own claim, it spent within two years 18 million pesos for the rolling stores and the Kadiwa project, reaching some 247,000 families in 542 depressed and semi-depressed areas. “In actual fact, this means that the government spent 24,658 pesos per day for these prime commodities or 0.10 peso per family per day. It goes without saying that given these allocations the project’s effect on the living conditions of the poor was virtually nil.”

Kadiwa’s failure despite being backed by four government agencies—the MMC, the FTI, the MHS, and the NFA, all ruled by Imelda—points only to the bureaucratic drag that sunk it and the broader economic and political malaise then afflicting the nation.

THE RESEARCH INSTITUTE FOR TROPICAL MEDICINE

With RITM continuously in the news due to COVID-19, Imee Marcos’s Facebook page

showcased the medical facility on March 14, 2020. The text of the post was largely lifted from the Wikipedia entry on RITM, which cites Ricardo Manapat’s Some are Smarter than Others: The History of Marcos’s Crony Capitalism as a source. Imee’s page was careful, however, not to include criticism of RITM from Manapat’s book, which discusses the intricate web of Marcos plunder as it was understood back in 1991.

Imelda Marcos unveiling the RITM marker.

Imelda Marcos unveiling the RITM marker. From the RITM Annual Report, 1981.

Manapat described RITM as “[one] of the relatively unknown projects of Imelda Marcos.” He highlighted how it was organized in cooperation with the Japanese government and funded by the Japan International Cooperation Agency. He said Executive Order No. 674, dated 25 March 1981, defined it “as an institute for the development of basic and applied research [programs] for tropical medicine in the Philippines.” After such factual declarations, Manapat then casts doubt on the value of RITM during the Marcos regime:

[The] impression created by the RITM is that it was organized to benefit Japanese research rather than Philippine health. Of the 1030 admissions in the hospital, 815 or 79.1% were treated as research patients. It claimed that the institute’s research program was supervised by the Ministry of Health, but results of the five years of studies made by local scientists were never published. Instead, the research was merely turned over to the Japanese in return for aid grants. It is not certain that the indigent patients of this institution were ever informed that they were not receiving standard and tested treatment but were being subjected to experiments commissioned by the Japanese.

Most of Manapat’s claims can be checked against various sources. It is difficult to prove the Japanese did benefit more from RITM than Filipinos. However, based on a 1985 JICA report, the original name of the proposed institute was the Philippine Japan Research Institute for Tropical Diseases. This initial proposal made clear it was a joint Philippine-Japanese effort, with the proposed institute having a Japanese co-chairman.

The Technical Cooperation Agreement between the Philippines and Japan for the RITM project entailed an exchange of scientists. According the institute’s 1985 annual report, by that year, 15 Filipino scientists had been posted in various research centers in Japan for training, while 16 Japanese scientists had been sent to RITM as consultants.

The admissions figures cited by Manapat are from RITM’s 1985 annual report, which covers January 1 to December 31, 1985. RITM’s earlier annual reports did not indicate such data. In any case, that majority of admitted patients became research subjects should not be seen as unusual, given RITM’s mandate.

On the publication of research findings, annual reports of RITM from 1981 to 1985 show a lot of the outputs by the institute’s researchers were published in academic and professional journals and presented in conferences even if they were not popularized.

Finally, it seems likely, given the global standards of medical research ethics at the time that patients who participated in RITM research studies did so with their consent. From 1981 to 1985, RITM had Institutional Review and Ethical Review boards.

JICA officials at the RITM. From the RITM Annual Report, 1981.

JICA officials at the RITM. From the RITM Annual Report, 1981.

Indeed, what Imee Marcos and Marcos supporters have failed to emphasize is how dependent RITM was on the Japanese government’s funding. Financial statements in the RITM’s annual reports from 1981 to 1985, showed hardly any capital or equipment outlay from the national government. Its allocation during that period, averaging about PHP 7 million annually, was mostly for personnel services and operating expenses.

RITM’s 1984 annual report indicated JICA had provided USD 1 million (about PHP 18 million) to the institute since 1981. In 1985, the year RITM’s experimental animal laboratory was inaugurated, JICA provided another PHP 3.2 million worth of equipment

Clearly, RITM thrived because of external support and excellent researchers. Without foreign funding, it seems unlikely that RITM would have become a performing asset.

Moreover, the country’s current crisis emphasizes the fact that RITM and other government hospitals with advanced capabilities are in Metro Manila.

Even Imee Marcos acknowledged the issue of Manila centralization when she filed Senate Bill No. 1407 in response to the COVID-19 pandemic, which sought to establish RITMs in regions outside the capital. The explanatory note in her bill mentions Ferdinand Marcos’ executive order establishing RITM, but nothing about Japan’s primary role in designing, building, and supporting it for eight years.

The Filipinos who remember with fondness nutribun and Kadiwa, or to have availed of RITM’s services were the very same ones whose lives were reduced to penury by the kleptocratic Marcos regime. Whatever small measure of service they have received from the conjugal dictatorship, they have treasured it as one of those rare instances then when the government appeared in their midst — like the perfumed and bejeweled Imelda sauntering in the slums of Tondo. Such uncritical sentimentalism is the fertile ground for the subsequent Marcos propaganda.

How Marcos Kept his Martial Law Plans a Secret
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Originally published by Vera Files on September 19, 2021.

“Of course, Imelda and I denied it.”

That was what then president Ferdinand Marcos wrote in his diary for September 21, 1972. It was his response when asked by Jose Aspiras and Carmelo Barbero, two of the strongman’s most loyal political lieutenants from the “northern bloc,” if rumors were true that he would declare martial law within 48 hours.

While he denied it publicly, Marcos had secretly signed Proclamation 1081 imposing martial law in the entire country. The public would know about this only on the evening of September 23 when he announced it on live television, saying that martial law was the appropriate response to meet the growing threat from the armed Left and Muslim rebels.

Many had suspected this would happen, but only a dozen men knew for sure and not even all of them were aware of the timing. Within this clique, there were differences in what the “Seven Wise Men” or the “Group of Seven” knew beforehand to what the rest of the “Rolex 12” would eventually come to learn and implement. Close Marcos aides, including those tasked to prepare plans for or study the feasibility of martial law in the country, were surprised when it finally happened.

But one man already held a copy of Proclamation 1081: then US ambassador to the Philippines Henry Byroade.

Oplan Sagittarius by VERA Files

Oplan Sagittarius by VERA Files on Scribd

Various authors and sources have reasonably surmised that Marcos started to seriously plan for martial law when he won his second term in November 1969. While his stated rationale for imposing martial law changed and shifted in 34 months, what remained unchanged was his resolve to gain dictatorial powers. Marcos devised ways to keep secret his ambition to gain political dominance even as he started enlisting the help of a chosen few to justify martial law and how best to execute his plan given the expected opposition.

If the memoir of martial law administrator Juan Ponce Enrile would be believed, Marcos, then newly re-elected, began planning for martial law in early December 1969. Marcos had asked Enrile to “study his powers under the commander-in-chief provisions of the [1935] Constitution” as he “was foreseeing an escalation of violence and disorder in the country.” His commander-in-chief told Enrile he could ask for help in completing the study, but the project should be done “discreetly and confidentially.” Enrile enlisted two 1954 magna cum laude graduates from the University of the Philippines (UP) College of Law, Efren Plana and Minerva Gonzaga-Reyes.

As he was hatching plans for imposing martial law, Marcos was quoted as saying in a November 14, 1969 Manila Times article that he would never become a dictator because this would “invite a violent reaction from the people.”

Enrile made it appear in his memoir that he was Marcos’s sole brain trust, but this was not the case. Marcos liked to compartmentalize when farming out sensitive and crucial work for his martial law plans.

Gen. Rafael Ileto told author Conrado de Quiros in Dead Aim: How Marcos Ambushed Philippine Democracy that Marcos had asked him to look into the military strategy needed for martial law . Jose Almonte and his boss, then executive secretary Alejandro Melchor Jr. were assigned to study authoritarian regimes in Asia and Adrian Cristobal was tasked to envision a government without a Congress. Ronaldo Zamora had to study the early years of American occupation when the governors-general ruled by decree. Even as he was about to declare martial law, Marcos was still asking Blas Ople to look into the workings of totalitarianism in the Soviet Union.

At some point, Marcos even had Philippine embassies in authoritarian countries draw up reports on how their host governments worked.

But only Marcos knew how this surfeit of information fit together in his pursuit of a dictatorship. When some of these studies proved unsupportive of what he had in mind, Marcos treated the authors with suspicion — as in the case of Ileto, Almonte, and Melchor.

In late January 1970, Enrile submitted to Marcos a compendium of the results of the study. A week later, Marcos instructed him “to prepare the documents to install martial law in the country.” Enrile claimed that, working alone (save for Simplicio Taguiam, Marcos’s private and confidential secretary who did the typing), it took him six months to complete what would eventually become Proclamation 1081.

As the First Quarter Storm raged in 1970, Marcos intimated to the United States that he may resort to martial law. The attack on Malacañang mostly by student activists during the January 30 Battle of Mendiola almost prompted Marcos to declare martial law or at least, suspend the writ of habeas corpus right then and there. Ileto has claimed to have dissuaded Marcos from taking this course of action.

In a memorandum dated February 7, 1970 to US President Richard Nixon, Henry Kissinger, then assistant for national security affairs, quoted a report by Byroade describing “a rambling conversation with a very distraught and unnerved President Marcos.” Kissinger said Marcos wanted the ambassador’s ‘active help’ as he might have to impose martial law. Marcos wanted to know if Byroade would ‘stand behind him.’”

“Byroade reacted cautiously to keep us from being drawn into this situation. He tried discreetly to suggest the need for social programs and land reform, and to head off drastic actions such as martial law,” Kissenger wrote.

In a marginal note, Nixon wrote that he “doubts this line’s effectiveness.”

With US military bases still in the country then and the US war of aggression in Vietnam a hotspot in the Cold War, Washington was keen on constantly knowing what Marcos was up to as his actions would have bearing on its strategic interests. There were also substantial American economic interests in the country that must be protected.

Almost a year later, as related in a January 15, 1971 memorandum of conversation involving Nixon, Byroade, and John H. Holdridge, a member of Nixon’s National Security Council, Marcos asked the White House if the US would oppose or support his martial law plan.

“The President [Nixon] declared that he would “absolutely” back Marcos up, and “to the hilt” so long as what he was doing was to preserve the system against those who would destroy it in the name of liberty. The President [Nixon] indicated that he had telephoned Trudeau of Canada to express this same position. We would not support anyone who was trying to set himself up as a military dictator, but we would do everything we could to back a man who was trying to make the system work and to preserve order. Of course, we understood that Marcos would not be entirely motivated by national interests, but this was something which we had come to expect from Asian leaders. The important thing was to keep the Philippines from going down the tube, since we had a major interest in the success or failure of the Philippine system. Whatever happens, the Philippines was our baby,” the memo stated.

In late May 1972, Byroade had another conversation with Marcos that he reported to the US State Department. He wrote that again, Marcos “talked of the ‘great upsurge of communist insurgency threat in the country,” noting that the Philippine leader had warned that he “might have to reinstate martial law. He asked again if we would support him or at least not oppose him.” To this, Byroade said that he ‘mumbled that our position on that had not changed, but added the hope that he would not find such a move necessary as I thought it would clearly at this time tear the nation apart into opposing factions.’”

Byroade may have made a mistake by using the word “reinstate” in his report — unless, of course, he and Marcos were referring to the suspension of the writ of habeas corpus that was implemented in response to the August 21, 1971 Plaza Miranda bombing.

September 1972 was ushered in by a spate of bombings in Metro Manila, now more frequent than in previous months. For the US Central Intelligence Agency (CIA), “at least some of the bombs were set by pro-Soviet terrorist groups, that none can be definitely traced to the Maoists.”

1972 09 08 Letter of Enrile… by VERA Files

1972 09 08 Letter of Enrile to Marcos Re Urdaneta Village Meeting by VERA Files on Scribd

In hindsight, the CIA half failed in its intelligence effort here. Ever since Jose Ma. Sison founded the Communist Party of the Philippines (CPP) in December 1968 espousing Marxism–Leninism–Maoism as a breakaway faction from the old Partiko Komunista ng Pilipinas, a rivalry — sometimes lethal — had existed between the two groups. In his book, de Quiros wrote that a leader of the CPP’s Armed City Partisans admitted that the group “did carry out some bombing . . .but not during that period [August-September 1972] . . . we did not bomb without reason . . . and we made sure no innocent bystanders got hurt.”

But as later admissions and pieces evidence would prove, the bombings were, in fact, the work mostly of Marcos’s own military. Ironically, whatever the motives of the armed partisans from the Left, their violent actions combined with those of the military worked to sow fear and chaos among Filipinos. It was a near-perfect condition for Marcos to declare martial law.

As recorded in Marcos’s diary entries, it appears that after each passing week in September, critical elements in the declaration of martial law were agreed on and put in effect by the “Rolex 12.” The potent surprise of springing martial law on an anxious and terrified populace continued to be a well-guarded secret even after Benigno “Ninoy” Aquino Jr., Marcos’s foremost political adversary, had almost exposed a crucial part of it.

In his September 7, 1972 diary entry, Marcos reveals he had finalized his martial law plans after one development: Enrile, then defense minister, informing him that Aquino had invited him to discuss “a matter of the highest urgency and of national importance,” and they were set to meet that evening.

In Enrile’s memoir, he narrated that the meeting happened almost around midnight at the residence of their common friend, Ramon Siy Lay, at Urdaneta Village in Makati where Enrile also lived. During the meeting that lasted for over an hour, Aquino disclosed information that he insisted Enrile keep confidential. Enrile wrote that he protested, but was “already tired and sleepy” and wanted to end their conversation. So he agreed.

But when he got home, Enrile immediately called Marcos and briefed him on what Aquino had revealed. Typing it himself, Enrile also wrote a report that he sent to his boss in the morning. Enrile wrote that he betrayed Aquino because he felt that Marcos needed to know for “the very obvious national security implication of the matter brought to [his] attention.”

Marcos and Enrile used what transpired in the Urdaneta meeting to counter what Aquino was about to publicly reveal.

On September 13, 1972, Ninoy, speaking in the Senate, exposed Oplan Sagittarius, the plan for the imposition of martial law leaked to him by sources from the Armed Forces. In his book, In Our Image: America’s Empire in the Philippines, Stanley Karnow wrote that Aquino had in fact brought the information to the US Embassy the day before but Byroade did not believe him.

Both Marcos and AFP Chief of Staff Romeo Espino denied that Oplan Sagittarius was a plan to place the Greater Manila Area under the control of the constabulary before imposing martial law in the entire nation. They said that it was merely a contingency plan to coordinate military and police response to violent acts by the communists.

In fact, Marcos would insist via his ghostwritten books such as Notes on the New Society that he had tricked the opposition with a fake version of Oplan Sagittarius. He said that Ninoy’s claim that the plan was for the imposition of martial law, including the takeover of certain industries, was indeed based on documents obtained from his intelligence network, but these papers were just part of the “dummy plans made to spot security leaks in [their] organization.”

Based on a copy of a document with the subject title “Letter of Instruction 6/72 (Sagittarius)” dated August 25, 1972, which was among those found in Malacañang after the February 1986 revolt, Sagittarius involved equipping all AFP units with “as many rifle (Inf) platoons, companies and battalions as possible with the capability of sustained employment for at least 48 hours without resupply in both conventional and unconventional warfare.” General Headquarters would announce daily one of four internal defense conditions (IDCs) in “each military zone; in each operational area of task forces under GHQ, and in the Greater Manila Area.” Each IDC level, from normal to IDC III, would entail increasing centralization of operational command and under IDC III, “GHQ assumes overall responsibility for the conduct of operations to restore normalcy or reduce internal threats,” while all camps, posts, and stations would maintain 100 percent “effective strength.”

According to a document attached to the LOI, the conditions warranting IDC III include “intensified and widespread insurgency” including, among others, “widespread offensive operations against government troops,” paralyzing “massive civil disturbance,” “imminent threat or confirmed indications of insurrection/rebellion/secession” and “large scale breakdown of peace and order or threat of civil war as a result of political upheaval.”

In short, if LOI 6/72 is the actual Oplan Sagittarius referred to by Marcos and Espino, it did not involve martial law. Before the nation discovered that martial law had been enforced, the national situation would not even merit an IDC III declaration, based on news accounts and various assessments of the offensive capabilities of the CPP-NPA which had no capability to seize power or incite a high-intensity civil war.

All these fine points, however, were lost in the media blitz that Aquino launched against the Philippine leader, who fought back. Writing in his diary on September 14, Marcos planned to “start another raging controversy,” using what he knew from the Urdaneta meeting.

On September 16, the Malacañang press office released a statement from Marcos timed for the Sunday edition of the major broadsheets. In the press release, Marcos accused Liberal Party (LP) leaders of meeting with Jose Maria Sison, CPP founder and chairman, where they talked about “a common plan…in the event of a revolutionary situation.”

This was not entirely correct, based on a September 8, 1972 letter from Enrile to Marcos marked top secret which was also recovered from Malacañang. In the letter, Enrile said that Aquino had told him that CPP leaders he met with in Dasmariñas Village earlier that night had broached the possibility of an alliance with the Liberals if Marcos declared martial law, which they viewed as a precondition for an actual CPP-LP coordination. According to Enrile, Aquino told Sison “something about his duties as a duly-elected senator of the Republic and so forth” when asked about the LP’s “post-martial law-plan.”

But Sison did not meet with Ninoy. In his book, de Quiros wrote that years later, Julius Fortuna of Kabataang Makabayan and a close Sison associate, admitted that it was he and a few that others who met with Aquino in Dasmariñas Village. It is unclear if it was Aquino or Enrile who dragged Sison into the story.

Marcos likewise said in his statement that the meeting vaguely involved a discussion on the landing of weapons by the M.V. Karagatan at Digoyo Point in Isabela, the bombings in Manila, and an increase in the strength of the CPP’s New People’s Army. Marcos did not mention that, as narrated by Enrile, Aquino said that the CPP had denied involvement in the bombings and was “non-commital” about the M.V. Karagatan incident, which was definitely an attempt to ship arms from China to the NPA.

Marcos’s pronouncements forced Aquino and the LP leadership to issue denials. To a certain degree, the Malacanang statement dampened the impact of Aquino’s Oplan Sagittarius exposé and these media distractions proved to be the perfect camouflage for what was really going on.

On September 13, as his only son, Bongbong, celebrated his 14th birthday in Malacañang and media attention was focused on Aquino, Marcos wrote in his diary: “We agreed to set the 21st of this month as the deadline” for declaring martial law. By “we” Marcos meant Enrile and some advisers that he did not name.

The following morning, Marcos met with Enrile, Espino, Army chief Maj. Gen. Rafael Zagala, Maj. Gen. Fidel Ramos, Police Constabulary chief Maj. Gen. Fidel Ramos, Air Force head Maj. Gen. Jose Rancudo, Adm. Hilario Ruiz who headed the Navy, Maj. Gen. Fabian Ver, chief security, Intelligence chief Col. Ignacio Paz, commander of the First PC Zone Gen. Tomas Diaz, Metrocom Chief Col. Alfredo Montoya, Rizal PC commander Col. Romeo Gatan, and Eduardo “Danding” Cojuanco. The so-called “Rolex 12,” supposedly because Marcos gifted each of them the expensive watch. (Espino, however, later told De Quiros that what Marcos actually gave them were fake Omega watches that broke easily.)

Alex Brillantes Jr., in Dictatorship and Martial Law: Philippine Authoritarianism in 1972, identified the “Seven Wise Men” within the Rolex 12 as Marcos, Enrile, Ver, Diaz, Montoya, Gatan, and Cojuangco. These were the men more deeply involved in the planning of martial law. Diaz, Montoya, and Gatan were relatively junior officers at the time were and as de Quiros said, “Not knowing that their superiors were included in the plan, they were not anxious to open their mouths, lest they pay dearly for it. Their superiors in turn were not anxious to ask questions, lest they be thought of as being disloyal. And neither group was anxious to leak the plan to the outside world, lest they be traced as the source.”

By September 14, they were all ready to turn their plans into specific missions. Marcos remained mum on when exactly he would start exercising his dictatorial powers but with daily meetings starting that day, they all knew it would be soon.

On the evening of that day, as if to signal the ominous turn that Marcos had made, a major spill of formaldehyde happened in Manila’s port area. “Manila had entered the last days of Philippine democracy,” William Rempel noted in Delusions of a Dictator, “smelling vaguely like a morgue.”

Strange omen that it was, Marcos had yet to murder Philippine democracy so the secrecy remained.

A mass rally organized by the Movement of Concerned Citizens for Civil Liberties (MCCCL) was held at Plaza Miranda in Quiapo. (Photo courtesy of Philippines Free Press Magazine) Photo downloaded from Official Gazette.

A mass rally organized by the Movement of Concerned Citizens for Civil Liberties (MCCCL) was held at Plaza Miranda in Quiapo. (Photo courtesy of Philippines Free Press Magazine) Photo downloaded from Official Gazette.

In a September 15, 1972 telegram to the US State Department, Byroade related that he had asked Marcos the day before “if he were about to surprise us with a declaration of martial law.” The response was, Byroade wrote, “no, not under present circumstances. (Marcos) said he would not hesitate at all in doing so if the terrorists stepped up their activities further, and to a new stage. He said that if a part of Manila were burned, a top official of his Government, or foreign ambassador, assassinated or kidnapped, then he would act very promptly. He said that he questioned Communist capability to move things to such a stage just now.”

The ambush of Enrile’s convoy in San Juan on the night of September 22 would satisfy one of the listed circumstances although by then, it seemed just a violent flourish, an orgasmic bang that Marcos just needed to have to become a full-pledged dictator.

So the ambush was staged. Or not staged. Enrile had flip flopped on the subject.

Witness accounts later tended to support the view that it was a contrived move. In the 1985-86 issue of the Fookien Times Philippines Yearbook, Doreen G. Yu asked Enrile, “What about the incident of your alleged ambush that triggered the declaration of martial law?”

Enrile’s replied, “That was not my idea. In fact, when I was fired upon I just came from headquarters. I had transmitted to them the orders of the President declaring martial law. I was on my way home; martial law was already ongoing at this time, the operations were already on. Pres. Marcos simply used that to dramatize this, but that was not really necessary. Because he already decided to declare martial law long before that, because of what was happening in the country.”

In his memoir, Enrile insisted that the ambush was real and perpetrated by his unknown enemies.

Excerpt from the diary of Ferdinand E. Marcos on September 22, 1972. From the Philippine Diary Project. Photo downloaded from Official Gazette.

Excerpt from the diary of Ferdinand E. Marcos on September 22, 1972. From the Philippine Diary Project. Photo downloaded from Official Gazette.

Byroade’s effort to pierce Marcos’s secrecy yielded tangible result only on the evening of September 20, when he received a copy of Proclamation 1081. Raymond Bonner, in Waltzing with a Dictator, said that Marcos was betrayed by one of his “most trusted confidants.”

This was just two days after Marcos claimed in his diary on September 18 that they had finalized the plans for the proclamation of martial law, and that, after a four-hour meeting ending at 10 p.m. that day, the Rolex 12 minus Cojuangco and Gatan, settled on September 21 as the date of declaration “without any postponement.”

That an event that happened on September 18 made its way to a key legal document on martial law was proof that Marcos and his Rolex 12 would take advantage of any new developments to justify their move. The bombing at around 3:40 p.m. that day at the Quezon City Hall, where the Constitutional Convention did its work, was the latest event mentioned in Proclamation 1081. Writing in his diary around midnight, Marcos noted that the Quezon City Hall bombing was “the answer of the subversives to the raids on their headquarters in Manila, Quezon and Pasay…where about 48 were arrested.”

On the evening of September 20 and the day after, Byroade met with Marcos. In a September 21, 1972 telegram to the US State Department, the American diplomat said, “Marcos . . . had made no decision to move towards martial law, and he had never considered anything beyond that, such as military rule. He did admit, however, that planning for martial law was at an advanced state.” At the end of the telegram Byroade admitted that he was unsure if he “succeeded in at least postponing new developments.”

By September 21, the only seeming hindrance to Marcos’s plans was the fact that Congress was then in session. According to Enrile, “President Marcos was waiting for Congress to adjourn sine die . . . on Friday, September 22, 1972. It was for that reason that he had not acted on the declaration of martial law. President Marcos wanted Congress to adjourn first before he would proclaim martial law in the country. He wanted to avoid any resistance from Congress once he declared martial law in the country.”

But Congress did not adjourn. And Marcos was right in his sense that there could be resistance, but it was one that he managed to easily crush. “[A] few days after the declaration of martial law,” Petronilo Bn. Daroy wrote in a chapter of Dictatorship and Revolution: Roots of People’s Power, “a bipartisan caucus of congressmen and senators was held in the cell of Benigno Aquino, Jr., who had already been arrested and detained in Camp Crame. The caucus deliberated on convening a special session of Congress to declare Presidential Decree 1081, null and void. Aquino’s cell was, of course, bugged; the following day, soldiers secured the legislative building and dismantled the offices, carting away equipment, tables, and chairs. The legislative building was turned into the National Museum.”

The Sunday edition of the Philippine Daily Express on September 24, 1972, the only newspaper published after the announcement of Martial Law on September 21, the evening prior. Photo downloaded from Wikipedia.

Since the start of 1972, talks of martial law abounded in the chattering class of Manila. It finally descended and Marcos exacted vengeance with the mass arrest of his enemies on the evening of September 22 until the early morning of the next day.

With his critics in jail and the press silenced, Marcos addressed the nation on radio and TV in the early evening of 23 September to state what was, by then, a matter of fact: martial law was in effect.

In the CIA’s daily brief for Nixon on 23 September 1972, there was almost a hint of admiration for what Marcos had done, that “Marcos carefully orchestrated the move well in advance.”

As Imelda exclaimed to Enrile when things settled down on the morning of September 23, “Ang dali pala ng martial law!”

The Woman Marcos Left Behind Fleeing the EDSA Revolt
Posted on by diktaduraadmin

Originally published by Vera Files on February 22, 2022.

At 9:05 in the evening of February 25, 1986, as the multitude of Filipinos in revolt closed in on Malacañang, the Marcoses scurried out of the palace with their 22 crates of loot on board four helicopters from the United States embassy. It was believed that the deposed dictator Ferdinand E. Marcos had taken everyone dear to him and everything of immense value into exile.

He did not. Marcos abandoned his own mother.

“It wasn’t until a month later,” Nick Joaquin wrote in The Quartet of the Tiger Moon: Scenes from the People-Power Apocalypse, “that Doña Josefa was located at the Philippine Heart Center (PHC) in Quezon City, a patient there, it turned out, for the last eight years, running up bills amounting already to over a million pesos when her son fled the country, his mother’s hospital bills still unpaid. President Cory Aquino has announced that her office will pay those bills.”

Then PHC director Dr. Esperanza Cabral placed the bill at $57,333, about P7 million today. Josefa was later transferred to the Veterans Memorial Medical Center, where she died on May 4, 1988 at age 95.

This seems to be an unlikely parting for mother and son who used to be thick as thieves. Ferdinand is known to have cherished his mother, a high school teacher in Manila before the Second World War, as he found roles for her in consolidating his financial and political powers.

After the 1986 EDSA revolt, as Josefa languished in the government hospital, the public would learn more of the part she played in her son’s kleptocratic regime.

Figure-Photo from the book The President's Mother

On June 6, 1966, in a ceremony at the then Independence (now Quirino) Grandstand, Ferdinand awarded his own mother, and 23 others, with a Presidential Merit Medal for campaigning for women’s right to vote which was won in 1937. Josefa’s role in the Philippine suffrage movement, however, is unclear.

Making suspect claims in a grand manner seemed to be a practice both mother and son indulged in. While Ferdinand’s exaggerated and criminal claims about his supposed heroism in World War II are now well documented, Josefa’s efforts in the conflict are not so well known.

Ferdinand’s war time ignominy are found in File No. 60, “Ang Mga Maharlika Grla Unit” and File No. 140, “Allas Intelligence Unit” from Record Group (RG) 47 of the Philippine Archives Collection. Physical copies of these documents may be viewed at the US National Archives in Washington and are freely accessible via the Philippine Archives Collection website of the Philippine Veterans Affairs Office.

Josefa’s record is in File No. 253, “Guerrilla Special of the President (GSP)”

ANOTHER FAKE GUERRILLA IN THE FAMILY

Purportedly led by Consuelo Fa. Alvear, also known as “Maria Teves,” a teacher who claimed the rank of Lt. Col., the “GSP” counted among its roster “1st Lt.” Josefa E. Marcos. Both Alvear and Josefa graduated with degrees in education from the University of the Philippines in 1935.

GSP’s members were supposedly mostly women. Based on a profile of herself that Alvear included in her submissions, the “GSP” acronym also stood for another group to which she belonged, the Girl Scouts of the Philippines. Another name for GSP was Calfa, derived from Alvear’s name.

But Alvear made claims about activities unsupported by evidence. She stated that she joined a national oratorical competition where she placed second and that she attended Japanese language classes at the Nippongo Senmon Gakko to gather intelligence and was elected secretary of the student council in March 1944.

In a letter to Alvear dated February 26, 1947, Captain R.E. Cantrell wrote that GSP was “not favorably considered for recognition as an element of the Philippine Army” for lack of evidence that the unit existed as a sustained, structured, and cohesive group. Assessors also noted that “the number of officers, commissioned and non-commissioned, was excessive and not reasonably proportionate to the (U.S.) Army or to pre-war Philippine Army tables of organization.”

Indeed, the submitted GSP rosters listed over 60 persons with ranks ranging from 3rd Lt. to Lt. Col., although the unit only had 200 supposed members. Cantrell’s letter noted that many of these purported members were civilians, with some only claiming to have contributed money or supplies to the war effort. Their affidavits showed that some highlighted the roles of their relatives in the resistance effort. Josefa Marcos was one such “soldier.”

Figure-1946 01 15(_) Josefa's Guerrilla Special of the President Affidavit

Josefa was not, based on a signed affidavit included in Alvear’s submissions, a gun-toting commando. She certainly was not, as implied by Ferdinand and his allies, a veritable one-person army. Josefa herself stated that before joining the GSP, she “helped in sending food, medicine and clothes to the WP [war prisoners] at Capas [Tarlac] by giving them through laborers inside the camp or by bribing the Jap guards to let us women give the articles to the WP that were sent out on special detail, especially to Major [Simeon] Valdez [her husband’s cousin] and Major Ferdinand Marcos…my son.”

Ferdinand was not a major when he was in Capas. He was a lieutenant.

She then claimed that she took care of released WPs at her home or gave them money, specifically mentioning giving P10,000 to Liberato Bonoan. Josefa described Bonoan as a member of the Ramsey Unit, or the East Central Luzon Guerrilla Area. Marcos’s mother further claimed that she distributed intelligence, served as a messenger between Calfa and Maharlika, and “took care” of Ramsey and Maharlika papers, returning them “to the people concerned.”

Photo from the book The President's Mother

Josefa stated that her house on 1555 Calixto Dyco Street in Paco, Manila was “the meeting place of Calfa members, Maharlika boys and Ramsey boys in Manila.” That role apparently ended when the place was “intensively raided” by the Japanese who were supposedly looking for Ferdinand.

According to Josefa, both she and her younger son, Pacifico, were going to be sent to Fort Santiago, but she was allowed to stay home “to look for Ferdinand.” When Pacifico was released a week later, “at all hours, the Japs came to investigate [her; she] kept on staying in [her] home in order to camouflage the whereabouts and work of Ferdinand and the other boys they were looking for.”

By most accounts — generally by those who wrote favorably about Marcos’s wartime heroism — Pacifico’s arrest and release happened in August 1944.

Josefa executed her affidavit in January 1946, the same date as many of the other affidavits in Alvear’s submission. That was about five months after Ferdinand first filed the necessary paperwork to have Ang Mga Maharlika recognized by the U.S. Army. Ferdinand’s unit was not favorably considered (NFC) by the U.S. Army in June 1947, four months after GSP was also “NFC’d.” Ferdinand appealed, but the stories of Ang Mga Maharlika being a significant guerilla force was affirmed to be completely fake by the U.S. Army in March 1948.

Some claims in Josefa’s affidavit and Ferdinand’s documents do not add up. One document with the title “Ang Mga Maharlika: Its History in Brief” was submitted to U.S. Army assessors in December 1945. The most glaring deficiency in Ferdinand’s tales of Maharlika’s exploits and the other documents is the absence of any mention of GSP, Alvear, or his mother’s role in the war effort. The “History in Brief” contained a section called “Liaison with Other Guerrilla Groups.” That too had no reference to Calfa or Alvear.

Ferdinand mentioned many other relatives — Pacifico, a number of uncles, and even a barely disguised reference to his father, Mariano — but never Josefa. When Ferdinand talked about the time Pacifico’s room “was raided by two truckloads of Kempei Tai,” he remarkably failed to note that his mother was also there.

Although the former dictator referred to the Marcos home in Paco, he never claimed that it was a meeting place for guerrillas. References to his “quarters” in the “History in Brief” presumably refer to where he slept in that house. According to Ferdinand’s biography For Every Tear a Victory, written by American Hartzell Spence, the Marcos brothers shared a room where, Liberato Bonoan “used to hide out.” Marcos further stated in a document submitted to the U.S. that papers of the Maharlika “were buried in the lot” where their house stood. If this were correct, one wonders why the papers were not discovered when “Japs intensively raided” the property, as per Josefa’s narration, or when they visited her “everyday…at all hours.”

Photo from the book The President's Mother

This claim of frequent visits also contradicts a story in Spence’s biography and 77 Days in Eastern Pangasinan, published in 1981 by the Office of Media Affairs, under the Headquarters of the Philippine Constabulary Historical Committee. Both these books state that Ferdinand returned home, after spending some time recuperating and hiding out at the Philippine General Hospital, following Pacifico’s release from Fort Santiago. Before Ferdinand was supposedly smuggled out of his house wearing a constabulary uniform, Josefa allegedly took care of her son at home.

Notably, Spence wrote that Ferdinand was brought home specifically because it was “the safest since the Japanese had already raided it.” Only Josefa claimed that she had daily enemy callers.

Another set of documents among the Marcos papers collected under the administration of Ferdinand’s successor, Cory Aquino, simultaneously confirms a detail in Josefa’s affidavit while falsifying another.

The documents pertain to Josefa’s attempts to be reimbursed by the U.S. Armed Forces for the P10,000 she gave to Bonoan. Included in her claim was a receipt from “Col. I.J. Willis”—supposedly a code name of Bonoan—dated December 8,1944. By then, Ferdinand had long left his home in Manila to head north where he would join the 14th Infantry of the U.S. Army of the Philippines-Northern Luzon on December 12, 1944, based both on Marcos-approved narratives and more objective sources. How then was Josefa able to engage with guerrillas hiding from the enemy if she was under constant surveillance by the Japanese?

Josefa’s claim for reimbursement was filed in December 1947. Based on her written response to a 1953 claim by the Bureau of Internal Revenue that she owed the state over P100,000 in taxes, she did not get the P10,000.00 back. In the same response to the BIR, Josefa noted that her husband Mariano was a “practicing attorney” until his death, which she dated “February 1944.”

But Ferdinand, in one of the documents included in his submissions for Ang Mga Maharlika’s recognition, stated that “M.M.”—Mariano Marcos—was an active commanding officer in his unit as of July 1944.

However, there is compelling evidence—including an article published in The Tribune in 1943, an immediate post-war report on Ilocos Norte by an Ilocano war hero, the recollection of an American guerrilla commander, and Japanese war diaries—that Mariano was in fact a Japanese collaborator (a propagandist to be exact) executed not by the Japanese as Ferdinand claimed, but by Filipino guerrillas possibly in late 1944 or early 1945.

The historical marker beneath a statue of Ferdinand’s father in the Mariano Marcos State University in Batac, Ilocos Norte states that Mariano died in March 1945.

Pages From the BIR Letter t… by VERA Files

Pages From the BIR Letter to Josefa and Josefa’s Response by VERA Files on Scribd

At least two of Mariano’s siblings also engaged in aiding the Japanese. His sister Antonia, a writer, had at least one piece of pro-Japanese propaganda published in The Tribune. His brother, Pio, was mentioned in the pages of The Tribune as a prominent member of his district’s Neighborhood Association or Tonarigumi, which assisted the Japanese in propaganda distribution and enemy surveillance, among others. Ferdinand, however, would claim that Pio was actually an intelligence officer of the Maharlikas.

THE RANCH THAT NEVER WAS

In the same 1953 communication regarding her taxes, Josefa declared that among her family’s assets before the war was a ranch in Davao, valued at over P1.2 million (about P4.7 billion today). Josefa stated that “the cattle [in the ranch] was registered in the name of [her] son, Ferdinand E. Marcos, because the original animal stock of the ranch was purchased with money left as a legacy for him by his grandparents.” She said that the cattle had been commandeered by the U.S. Armed Forces in the Far East, and that a claim had been filed with the U.S. Court of Claims.

There are indeed records of the claim, the most readily accessible being the decision, Marcos v. United States, granting Ferdinand standing to sue the U.S. government. The doctrine established by that case was later overturned, but even before that, based on a list of judgements of the Court of Claims submitted to the U.S. Senate in January 1957, the Marcos cattle claim was denied in January 1956.

Ferdinand was unable to convince the Court that the Marcos Ranch cattle existed.

Spence would lie about this failure in his book. “During the war,” he wrote, “the Japanese stripped [the ranch]; afterward, veterans squatted on it, and Ferdinand refused to claim it from them.” Spence made no reference to the Court of Claims filing, which was premised on the allegation that American soldiers requisitioned Ferdinand’s cattle.

Through Spence and a foreword to the book titled The Young Marcos by Victor Nituda, Pacifico later claimed that his family was so lacking in funds in the late 1930s—they were spending a lot on legal fees for the defense of Ferdinand and Mariano for the murder of the Marcos patriarch’s political rival, Julio Nalundasan—that he had to stop his medical schooling and become a constabulary officer in Mindanao to make money. Pacifico continued to serve in Sulu until the outbreak of the war. If his older brother was sitting on a million pesos worth of cattle at the time, why did Pacifico need to temporarily quit his studies and earn a salary?

The 1935 Nalundasan assassination figures into the claims of both Ferdinand and Josefa about the ranch. Mariano ran against Nalundasan to be the representative of Ilocos Norte’s second district in 1934 and 1935, then against Ulpiano Azardon in 1936. Mariano lost all those elections, but had to have been a resident of Ilocos Norte to even run. In 1935, Mariano was one of the lawyers of the first person suspected of killing Nalundasan, Nicasio Layaoen, who was acquitted.

In December 1938, Mariano, Ferdinand, Pio, and Ferdinand’s uncle, Quirino Lizardo, were arrested for suspicion of murdering Nalundasan. They would be preoccupied with the case until October 1940, when all three had already been acquitted.

In the three years prior to 1934, Mariano was Deputy Governor-at-Large of Davao where the ranch was supposedly located. The dates of Mariano’s term are stated in a memorandum by Vicente Francisco, defense lawyer of the Marcoses during the Nalundasan trial, which was reproduced in the 1965 book, Was Ferdinand Marcos Responsible for the Death of Nalundasan?

The undivided province of Davao started having elected governors only in 1935. But one affidavit among the files left behind in Malacañang after the Marcoses left which likely offered as evidence in the Court of Claims case states that Mariano was Governor-at-Large of Davao until 1936, and that the importation of cattle happened between 1934 and 1940. The first is clearly false, and the latter extremely unlikely.

Another affidavit states that “all papers [regarding the registration of the Marcos ranch cattle] and other pertinent documents to such registration were lost or destroyed during the war.” All Ferdinand had were affidavits that contained false or unverifiable information.

Although the Marcos ranch was a lie, all other claims about Josefa’s finances were apparently accepted by the BIR. She stated that her net worth actually decreased instead of increased between 1947 and 1953, and that the property she acquired within that time was bought using proceeds from the sale of her assets or from numerous loans. On the other hand, Ferdinand, who was also being hounded by the BIR for paying insufficient taxes, settled his deficiencies after negotiating a significant reduction of what he owed.

Both mother and son may have failed in several attempts to profit from false war claims, but Ferdinand’s election to the presidency—and his retention of power for two decades—ensured that they could at least direct how their family’s wartime activities were chronicled in state-approved narratives.

Within their lifetimes, the Marcoses had public structures named after them. By hook or by crook, they made sure their country would consider them honored heroes.

A MOTHER’S INFLUENCE

Josefa’s notoriety in helping her son with his corrupt practices did not end with war time claims.

Figure-One of the plaques found in the Marcos Museum in Sarrat

In the heyday of Ferdinand’s dictatorship, according to Ricardo Manapat in Some Are Smarter Than Others: The History of Marcos’ Crony Capitalism, Josefa “was quite active in business corporations and in other money-making ventures which capitalized on her special relationship with her powerful son.” During the ‘70s, she was already in her 80s.

“Doña Josefa,” Manapat continued, “headed the Doña Josefa Edralin Marcos Foundation, which was the financial holding group of the more than a dozen companies where she was chairman of the board. SEC (Securities and Exchange Commission) records reveal that she was involved in many areas such as sugar, logging, shipping, and foods, Doña Josefa was helped by a core of close relatives who did the spade-work for her. By making contributions to her foundation, businessmen were able to ask her to intercede with various government officials for favors. All she had to do was to lend her name to corporations so that their business deals would be facilitated.”

An August 5, 1977 declassified cable from the US embassy mentions Josefa as the chair of the board of Intercontinent Minerals and Oil Corporation, “one of several small chromite producers presently trying to ride the crest of high chromite prices and short supply to promote foreign investment in its operations.” It adds that “Doña Josefa is often used in this capacity in the mining industry when marginal projects may benefit from ‘palace influence’.”

As early as 1967, with Ferdinand just in the second year of his first term as president, she started buying real estate in Cape Coral, Florida in the U.S. Josefa, as reported in the March 22, 1986 issue of the News-Press [Fort Myers, Florida], introduced herself as the widow of “a Supreme Court justice” and that her “family was obviously wealthy.” She is supposed to have said that her husband was “killed by a stray bullet when the Japanese fled Manila during the World War II.”

“I will know you by your fruits,”Josefa was quoted as saying in the July 14, 1978 issue of the Singaporean paper, New Nation. “The kind of children you give to the world shows the kind of mother you are.”

That statement, at least, is true — in her case.

File No. 60: Marcos’ Invented Heroism
Posted on by diktaduraadmin

Originally published by Vera Files on July 2, 2016.

First of three parts

The U.S. National Archives in Washington, D.C. is home to the Philippine Archives Collection, a treasure trove of 1,401 files of the Guerrilla Unit Recognition series documenting anti-Japanese resistance in World War II.

Within that collection is File No. 60, which documents Ferdinand E. Marcos’s claim of being a guerilla leader and founder of a guerilla unit called “Ang Manga Maharlika” with thousands of men in its roster from 1942 to 1945 in Northern Luzon. Marcos himself later changed it to “Ang Mga Maharlika.”

Included in the file’s more than 400 pages are the findings made by the U.S. Army which, after repeated investigations, repudiated Marcos’ claim and called it a lie.

Capt. Elbert R. Curtis, who handled Marcos’s claim for recognition for the most part of July 1947 to March 1948, came to two conclusions.

One, that “Ang Mga Maharlika Unit under the alleged command of Ferdinand Marcos is fraudulent.” Two, that “inserting his name on a roster other than the United States Armed Forces in the Philippines, Northern Luzon (USAFIP, NL) roster was a malicious criminal act.”

“It is also known that Marcos has enough political prestige to bring pressure to bear where it is needed for his own personal benefit,” Curtis said.

Curtis Documents by VERA Files

Before the Second World War, Marcos was known for two things—his acquittal for the murder of his father’s political rival Julio Nalundasan, and topping the 1939 bar exam while in jail for the crime.

In an interview with writer Gregorio Brillantes in 1968, Marcos claimed that after becoming a lawyer, he had wanted to embark on a “teaching career,” dreaming to be a professor at his alma mater, the University of the Philippines College of Law, “lecturing on some complex point of law.” Whatever his post-graduation plans really were, the war altered them.

Marcos’s exploits in the World War II, real or imagined, became part of the narrative of his political career. In November 1941 he joined the army as a third lieutenant. He was with the Filipino forces in Bataan until their surrender in April 1942. With other prisoners of war, he was interred at Camp O’Donnell in Capas, Tarlac.

On August 4 the same year, he was released. There was a claim that it was due to failing health. But in his own commissioned biography, For Every Tear a Victory by Hartzell Spence, Marcos claimed that his mother Josefa “bribed the authorities to hasten her son’s freedom.”

Not much is known of Marcos’ activities from August 4, 1942 until December 12, 1944, when he joined the 14th Infantry, USAFIP, NL. If there was any indication of what he was up to, the records in File No. 60 point to one activity: taking advantage of the war times to line his pocket.

“Ferdinand Marcos was in San Quintin, Pangasinan, two or three months prior to the landing of the American forces, soliciting funds and guerilla help to construct a landing field in the vicinity,” the report said.

“The purpose of the landing field was to allow a plane to come in and evacuate General [Manuel] Roxas. Capt. Ray C. Hunt, commanding officer of PMD, LGAF placed Marcos under arrest for collecting money under false pretense. Gen. Roxas intervened on Marcos’ behalf and had him released to his custody,” it said.

The American forces reconquered Pangasinan in January 1945. Even before Marcos started his supposed activities in Pangasinan, on July 26, 1944 he sent a request to the returning American forces “for P100,000.00 Philippine currency and P500,000.00 Japanese war notes be sent his unit for maintenance.”

Marcos claimed to have 8,300 Ang Mga Maharlika members in North Luzon, Baguio, Zambales, and Manila. The investigator curtly noted that “this is entirely theoretical as no such unit ever existed.”

When Marcos ended his active service in 1946 he claimed to have gained the rank of major. Charles C. McDougald, in his book The Marcos File contested this claim, saying “The only promotion that Marcos could actually prove by official orders was his promotion to first lieutenant. All others, in addition to being contradictory and confusing, appear spurious.”

File No. 60 started with Marcos’s August 18, 1945 letter to the adjutant general of the Philippine Army requesting “that the complete roster of ‘Ang Manga Maharlika’ be approved and this organization be given recognition.”

The roster had 1,939 purported guerillas in active duty since December 1943. Guerillas recognized by the US Army received back pay for their efforts. The longer the period of their recognized participation in the war effort, the bigger their compensation.

On December 18, 1945, Marcos followed up on his original request for recognition. He also took the opportunity to provide additional materials to buttress his claim.

With this submission, listed as item number 6 in File No. 60, is the “Ang Mga Maharlika – Its History in Brief.” It was a history that not only chronicled the past and foretold the future but invented both points in time as well.

On June 7, 1947, a four-man military team told Marcos that based on the result of an initial investigation, his request for recognition was denied. The record of service he was claiming “was not substantiated by acceptable evidence.” The leadership, structure, effectiveness, and extent of the supposed guerilla unit were sketchy.

As for Marcos’s claim to leadership, the team said, “Performance of the unit did not indicate adequate control by its leaders because of the desertion of its commanding officer [i.e. Marcos] to join another unit.”

On July 16, 1947, Marcos, then in Washington, D.C. as member of the Philippine Veterans Commission, fired off a telegram to “strongly protest denial of recognition” and promised that he would file a formal petition.

It took him almost half a year to do this. The petition was filed on December 2, 1947. He tried to rebut the findings of the investigators point by point. His arguments ran for nine pages of single-spaced typescript with sixteen appendices. Ten of these were sworn and notarized affidavits of prominent and high-ranking military men in the newly established republic, a number of whom were also former leaders of well-known guerilla units during the war.

Listed as affiants supporting Marcos’s request for reconsideration were Brig. Gen. Macario Peralta Jr., commanding officer of the Panay guerillas; Maj. Gen. Rafael Jalandoni, chief of staff of the Armed Forces of the Philippines; Col. Vicente Umali and Col. Primitivo San Agustin Jr. of the President Quezon’s Own Guerilla; Maj. Leopoldo Guillermo, signal officer of the East Central Luzon Guerilla Area; Maj. Salvador Abcede of the Negros Guerillas; Consul-General Modesto Farolan of the Philippine Consulate at Hawaii; Col. Margarito Torralba, Armed Forces of the Philippines; and Narciso Ramos, minister-counselor of the Philippine Embassy in Washington, DC.

Ruling in 1935 Nalundasan Case May Yet Bar Marcos Burial at LNB
Posted on by diktaduraadmin

Originally published by Vera Files on November 19, 2016.

Life of Ferdinand Marcos mural by Botong Francisco. 1969.
Life of Ferdinand Marcos mural by Botong Francisco. 1969.

In the rules of the Armed Forces of the Philippines, AFP Regulations G 161-375 to be exact, only two conditions disqualify deceased personnel from being buried at the Libingan ng mga Bayani. The first is dishonorable discharge from the service; the second is conviction by final judgment “for an offense involving moral turpitude.”

The second may yet apply to former president Ferdinand Marcos whose burial at the Libingan, 27 years after his death, was upheld by the Supreme Court in a decision on Nov. 8, to the anger of people who say he doesn’t deserve a hero’s burial.

Seventy-six years ago on October 22, 1940, the Supreme Court itself convicted Marcos for an offense that may be judged as involving moral turpitude. He and three of his relatives were found guilty of contempt of court for filing eight separate complaints against the principal witness of the prosecution in the murder of Julio Nalundasan, even before the conclusion of the trial.

Nalundasan was the rival of Ferdinand’s father, congressman Mariano Marcos. The story goes that Nalundasan was killed by a sniper’s bullet on the night of September 20, 1935, while he was brushing his teeth by the window of his home in Batac, Ilocos Norte. This was just a few days after he defeated Mariano in the congressional elections, and was declared the duly elected representative of Ilocos Norte’s second district.

Charged with murder were Mariano, his brother Pio, their brother-in-law Quirino Lizardo, and Ferdinand, then an 18-year-old University of the Philippines student and, by various accounts, a sharpshooter.

The case went all the way to the Supreme Court, which recounts in G.R. No. L-47388, People of the Philippines v. Mariano Marcos et al., that the four filed eight separate complaints against Calixto Aguinaldo, the prosecution’s principal witness. They accused him of making false testimony against them during the preliminary investigation on Dec. 7, 1938, and during their trial.

But it turns out that they filed those eight complaints when only Lizardo’s trial had commenced. The trial of the three Marcoses had then not even begun. The rules of court require a judgment to be rendered before a charge of false testimony can be filed against a witness.

Ilocos Norte’s Court of First Instance found Quirino Lizardo, Mariano Marcos, Pio Marcos and Ferdinand Marcos guilty of contempt of court.

The Supreme Court said, “It is evident that the charges for false testimony filed by the four accused above mentioned could not be decided until the main case for murder was disposed of, since no penalty could be meted out to Calixto Aguinaldo for his alleged false testimony without first knowing the extent of the sentence to be imposed against Lizardo and the Marcoses (Revised Penal Code, art. 180).”

“The latter should therefore have waited for the termination of the principal case in the lower court before filing the charges for false testimony against Calixto Aguinaldo. Facts considered, we are of the opinion that the action of the Marcoses and Lizardo was calculated, or at least tended, directly or indirectly to obstruct the administration of justice and that, therefore, the trial court properly found them guilty of contempt,” the High Court said.

The Court of First Instance of Ilocos Norte had convicted Ferdinand Marcos and Lizardo of murder and contempt. Ferdinand, then a law student, brought the case to the Supreme Court and asked that it overturn his and Lizardo’s conviction. Mariano and Pio, meanwhile, appealed their conviction for contempt.

Justice Jose Laurel penned the decision acquitting Marcos and Lizardo of the murder charge. But it sustained the Ilocos Norte Court of First Instance’s decision that all three Marcoses and Lizardo were guilty of desacato (contempt). The Court of First Instance ordered them to pay a fine of P200 or, in case of insolvency or non-payment, the corresponding jail time. Laurel’s decision for the Supreme Court lowered the fine to P50. But the conviction stayed.

Hence, the first element in the AFP provision for disqualification is met. For the contempt of court offense, after Marcos was afforded due process by the Court of First Instance and heard on appeal by the Supreme Court, a final judgment was reached. He was guilty.

But does a guilty for contempt of court verdict necessarily mean having committed an act involving moral turpitude? What is moral turpitude in the first place?

Until 1940, the Supreme Court made only two rulings involving moral turpitude. In the first case, a lawyer was convicted of abduction with consent, and the petitioner asked that he be suspended or disbarred. The Supreme Court issued a one-year suspension to be served after he was released from prison.

In his decision on that case, In Re: Basa (December 7, 1920), in what is considered the first decision involving the issue, Justice George A. Malcolm used Bouvier’s Law Dictionary to define it.

“Moral turpitude, it has been said, includes everything which is done contrary to justice, honesty, modesty, or good morals,” Malcolm said.

Detail from Botong Franciso mural on Marcos.
Detail from Botong Franciso mural on Marcos.

“The inherent nature of the act is such that it is against good morals and the accepted rule of right conduct,” Malcolm continued.

Another pre-1940 case In Re: Isada (November 16, 1934), also penned by Malcolm, maintained that the crime of concubinage involves moral turpitude. The respondent, also a lawyer, after serving his conviction for the main crime, was suspended also for a year.

Succeeding Supreme Court rulings have either adhered to the law dictionary definition of moral turpitude as established in In Re: Basa (though they have moved on from Bouvier’s to Black’s) or have done particular refinements on how to determine if moral turpitude is concomitant with certain offenses.

The court now holds that “not every criminal act, however, involves moral turpitude”  (dela Torre v. Comelec, G.R. 121592, July 5, 1996). What evolved in practice is “the way for a case-to-case approach in determining whether a crime involves moral turpitude” (Brion concurring in Teves v. Comelec, G.R. No. 180363, April 28, 2009), and “as to what crime involves moral turpitude is for the Supreme Court to determine” (A.M. 1162, A.C. 1163, A.M. 1164, August 29, 1975).

In recent cases involving moral turpitude, the Supreme Court employs three approaches in making its determination (Brion concurring in Teves v. Comelec, G.R. No. 180363, April 28, 2009).

First, to determine whether “the act itself must be inherently immoral”; second, “to look at the act committed through its elements as a crime”; and the third, “essentially takes the offender and his acts into account in light of the attendant circumstances of the crime: was he motivated by ill will indicating depravity?”

In deciding Garcia v. De Vera (A.C. No. 6052. December 11, 2003), the Supreme Court had occasion to rule on whether or not indirect contempt of court can be an offense involving moral turpitude. But following the Supreme Court’s own prescription for determining involvement of moral turpitude in a case, that decision does not automatically preclude all contempt of court cases—both direct and indirect—as free of moral turpitude.

In that case, the respondent had been previously found guilty of indirect contempt by the Supreme Court itself for having made a statement in public that in the court’s appreciation, was “clearly made to mobilize public opinion and bring pressure on the Court.”

For that very specific act alone, the Court said, “the act for which he was found guilty of indirect contempt” does not involve moral turpitude because “it cannot be said that the act of expressing one’s opinion on a public interest issue can be considered as an act of baseness, vileness or depravity.”

In the Philippines, contempt can be considered criminal or civil. According to the Supreme Court in People vs. Godoy (G.R. Nos. 115908-09, March 29, 1995), “the real character of the proceedings is to be determined by the relief sought, or the dominant purpose, and the proceedings are to be regarded as criminal when the purpose is primarily punishment, and civil when the purpose is primarily compensatory or remedial.”

In Lorenzo Shipping Corporation, et al. v. Distribution Management Association of the Philippines, et al. (G.R. No. 155849, August 31, 2011), the Supreme Court stated that “proceedings for contempt are sui generis, in nature criminal.”

The Court said that a criminal contempt “consists in conduct that is directed against the authority and dignity of a court or of a judge acting judicially, as in unlawfully assailing or discrediting the authority and dignity of the court or judge, or in doing a duly forbidden act.”

Meanwhile, it stated that a civil contempt “consists in the failure to do something ordered to be done by a court or judge in a civil case for the benefit of the opposing party therein.”

The Court continued: “Where the dominant purpose is to enforce compliance with an order of a court for the benefit of a party in whose favor the order runs, the contempt is civil; where the dominant purpose is to vindicate the dignity and authority of the court, and to protect the interests of the general public, the contempt is criminal.”

In the final decision on the Nalundasan case, Laurel said, “The inherent power to punish for contempt should be exercised on the preservative and not on the vindictive principle (Villavicencio vs. Lukban 39 Phil., 778), and on the corrective and not on the retaliatory idea of punishment.” Based only on this statement, it would appear that the contempt committed by the Marcoses was construed by the High Court as being indirect and civil in nature.

However, in the same decision, the Supreme Court described the action of the Marcoses and Lizardo as “directly or indirectly [obstructing] the administration of justice,” which could mean they committed “a duly forbidden act.”

While there is currently no jurisprudence in the Philippines that states that obstruction of justice involves moral turpitude, what Marcos and his relatives did was to harass the main witness in their murder trial with legal action. They filed eight separate complaints alleging that the principal witness for the prosecution, Calixto Aguinaldo, committed false testimony while the Nalundasan murder trial was still ongoing.

At the very least, this demonstrates a lack of faith on the judge trying the case, insinuating he is incapable of discerning the veracity of the testimony of witnesses before his court.

In American jurisprudence (see Padilla v. Gonzales, 397 F.3d 1016), obstruction of justice is considered a crime involving moral turpitude.

Since the possible sentence for Marcos and his kin for the murder of Nalundasan ranged from 12 to 20 years imprisonment to death, the Revised Penal Code provides that had they been convicted and Aguinaldo proven to have committed false testimony, then Aguinaldo would be in jail from six to 20 years. The cost of defending himself against eight lawsuits would have also been prohibitive.

Marcos and his relatives may not have committed an act that is evil in itself, but there is no doubt malice, the ill will that was inherent in their action to corrupt legal avenues for redress for their own self-serving ends.