FINAL REPORT - Philippine Center for Investigative Journalism
FINAL REPORT - Philippine Center for Investigative Journalism
FINAL REPORT - Philippine Center for Investigative Journalism
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the representation to be made by the law firm, known as the<br />
Venable LLP. “The <strong>Philippine</strong> government has<br />
identified specific tasks which Venable will undertake and use<br />
best ef<strong>for</strong>t to accomplish. #1 secure grants or congressional<br />
earmarks <strong>for</strong> support of the Charter Change initiative of the<br />
President of the <strong>Philippine</strong>s which would reshape the <strong>for</strong>m of<br />
government in the <strong>Philippine</strong>s from its current structure into<br />
a Parlimentary Federal System. Part of such grant will be<br />
used <strong>for</strong> the much needed engineering of the bureaucracy to<br />
recover large estimated losses from acts of corruption in<br />
government inefficiency.” Did you study that particular<br />
provision of the Venable Contract?<br />
ATTY. ANSELMO CADIZ: Yes sir, I did.<br />
JUSTICE CAPULONG: Will you kindly give us your opinion as a legal<br />
expert on the legality and constitutionality of that provision?<br />
ATTY. ANSELMO CADIZ: Sir, I believe that ah…this ah… particular<br />
provision of this contract as I previously said is not only<br />
illegal but it is worst unconstitutional.<br />
JUSTICE CAPULONG: Why do you say that Atty. Cadiz? Will you<br />
please state your legal or constitutional basis <strong>for</strong> saying that<br />
this is both illegal and unconstitutional.<br />
ATTY. ANSELMO CADIZ: Sir in Article 9, Section C5 of the<br />
Constitution states and if I may quote verbatim “financial<br />
contributions from <strong>for</strong>eign governments and their agencies or<br />
political parties or organizations, coalitions or candidates<br />
related to elections constitute interference in national affairs<br />
and when accepted shall be an additional ground <strong>for</strong> the<br />
cancellation of the registration with the Commission on<br />
Election in addition to other penalties that maybe prescribed<br />
by law. Likewise, sir, in the Preamble of the Constitution<br />
states “The state shall pursue an independent <strong>for</strong>eign policy<br />
in its relations with other states the paramount consideration<br />
shall be national sovereignty, territorial integrity, national<br />
interest, and the right to self determination. As regards<br />
Article 9, Section C5 although it specifically refers to political<br />
parties or during elections by the doctrine of necessary<br />
implication I believe that more so the government cannot<br />
source money or ask money or ask <strong>for</strong> contributions to alter<br />
the fundamental law of the land which is our constitution, in<br />
which the effect I think sir is a blatant and an unabashed<br />
interference in the creation or crafting of the fundamental law<br />
of the land which is our constitution and that its relation to<br />
the Preamble of the Constitution because I believe we cannot<br />
have an independent <strong>for</strong>eign policy, nor, can we say, that we<br />
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