Press Release
February 24, 2009

Ambush interview with Sen Rodolfo G Biazon on US Amb. Kenny
on VFA, Gen D Lim Ad, Bolante BR Report

Q. US Ambassador Kenny said any action on VFA premature?

It takes two to tango, but that kind of a position on the part of the Americans could lead to a strengthening on the part of the Filipinos to abrogate the VFA. I would advise that both countries must pursue a clarification of the differing interpretations of certain provisions of the agreement. This is a question of sovereignty, if there is any appropriate time to revisit the provisions of the VFA, it is today. Although I may agree that the provision may be there, what probably must be clarified should be the differing interpretations of the provisions of the VFA..like there is a difference between the interpretation between the Philippines and the USA on the interpretation of that phrase "completed judicial proceedings".

The normal customary interpretation of that is that when one is convicted at the Lower Courts, you are immediately remanded to National Penitentiaries, without removing the right to appeal..it seems the American interpretation is all the way up to the completion of appeals, all the way up to the Supreme Court.

We must clarify this that is why I move for the immediate suspension of the Balikatan exercises what we can not have is if something similar to the case of Lance Corporal Daniel Smith occurs again, without the interpretation being clarified, we will have a big problem.

Suspend the Balikatan exercises, pursue a clarification of the opinions of the two countries on the VFA, ONLY if there can be an agreement as to the correct interpretation, should we resume�..but IF there can be NO agreement on the interpretation of the VFA, then abrogation should already be considered.

Q. Malacanang Investigation on Paid Ads of Gen Danny Lim - where did the funds for ad come from???

Perhaps from the organizations supporting him which are identified in the ad�what if these came from personal contributions from the members of these organizations? People can probably raise P1 per member..kayang kaya I raise iyon..

They can conduct also their investigation because If the members of those organizations are still in the active service, then probably there is a problem.

The question is if indeed the rumor going around and I found that rumor two weeks ago, that Gen Lim will be running for the Senate �ok fine..this is the right of anyone to run for an elective position in the country�but what happens if he gets elected and he is not able to fully perform the functions of that elective office�.??? Senator Trillanes is filing a lot of bills and resolutions, but the major function of a Senator is participation on hearings, participating on debates on the floor and casting his vote for or against any legislative measure�to me, that is the meat of the function of a Senator or even a Congressman. I am not saying that Gen Lim should not run, I should advice him to consider the possibility of him getting elected and his constituents being deprived of his services.

Q. Chances of Gen Lim to win? - Senator Trillanes won, Senator Honasan won, Senator Lacson won, I won� so everybody has a chance�

Q. But Lim detained? - Senator Trillanes was also limited in his movement during the campaign.

I hope the military especially those on the active service�I would care less if those who retired express their political views including supporting a political candidate�. But I do hope this does not include those in the ACTIVE service� the only political right of a soldier in the active service is to vote, not to campaign for anyone.

Q. Content on Bolante Blue Ribbon Report, are you satisfied? - Yes, people are already being held accountable�Blue Ribbon is all about the accountability of public officials and I think the commission of wrongdoing is clearly indicated by the pieces of evidence that had been so far presented, including circumstantial evidence�the fact is that we lost - out of the P728 Million intended for the fertilizers, we lost more than P600 Million through overpricing, ghost deliveries, dilution of the products submitted.

Q. Liability of PGMA�? - It will depend on what PGMA had initiated to do..Command responsibility has limitations - three elements are (1) What do you do PRIOR to the commission of any offense in terms of policies etc..(2) What do you do WHILE the wrongdoing is being committed like suspension etc. (3) What do you do AFTER a wrongdoing is committed like do you pursue prosecution, I think the President may have to touch on these three elements.

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