Miriam cites SC rulings vs Binay’s ‘silence’ on allegations
Short of declaring Vice President Binay guilty of the allegations against him, Senator Miriam Santiago cites a number of Supreme Court rulings that scoff at the silence of the accused
MANILA, Philippines – It has become Senator Miriam Santiago v. Vice President Jejomar Binay.
It was an event sponsored by the Catholics for Reproductive Health, but Senator Miriam Santiago veered her topic towards the end of her speech to slam Binay’s refusal to attend the Senate probe on the alleged overpriced Makati City Hall II Parking Building.
Binay’s strategy to resort to speeches to respond to the allegations, she said, is tantamount to forum shopping.
“In the cascade of corruption cases that have fallen on the heads of the hapless Filipino people, the most spectacular are the plunder and allied charges against Vice-President Jejomar Binay,” Santiago began the section of the speech titled, “The Curious Case of the Taciturn Vice-President.”
Short of declaring Binay guilty of the allegations against him by former Makati vice mayor Ernesto Mercado, the former trial lawyer cited 6 Supreme Court rulings that scoff at the silence of the accused.
“The presumption of innocence means only that it is the prosecution which bears the burden of proof. Once the prosecution has presented evidence, then it becomes the obligation of the respondent to present his evidence. After hearing both sides, then the tribunal makes a decision based on the evidence,” Santiago said.
Vice President Binay dismissed the probe of the Senate Blue Ribbon Subcommittee as pre-judged and politically motivated while his son, Makati Mayor Erwin Jejomar Binay, challenged the jurisdiction of the subcommittee but was junked for lack of merit.
Santiago said Binay cannot and should not evade the jurisdiction of the Senate for this simple reason: “If the VP has truth to tell, what is he afraid of?”
She added: “Binay appears to be content in defending himself by delivering speeches accusing his enemies of lying. That is not sufficient. He must present his own evidence.”
Santiago explained how the ruling of the High Court in 7 cases work against Binay’s reasoning in skipping the Senate probe.
She cited the following as jurisprudence to support the Senate jurisdiction over the Makati building probe:
Dela Paz v. Senate Committee on Foreign Relations
read in full here: http://www.rappler.com/nation/72067-miriam-binay-supreme-court
Binayfication is the strategy employed by VP Binay and the rest of the family on the current allegations and charges hounding them individually and collectively as a family. Binayfication is about ignoring and not answering the allegations and charges of corruption being revealed and multiplying at the committee hearings led by Senators Cayetano, Pimentel and Trillanes. It is about ignoring and not answering them and instead introducing new issues and points that are totally unrelated to the charges and allegations with the intent of diverting the attention of the people.
these survey results from both Pulse Asia and SWS says it all, quite emphatically how Binayfication has failed as a strategy:
all the survey results, Pulse Asia’s trust and performance ratings and SWS satisfaction ratings of jojo binay as a vice president has plummeted in September 2014 from previous periods of June and March 2014. the changes from September to June are all dramatic and statistically significant – the drops are -15% points. comparing the September numbers to one more quarter before that, from March 2014, the drops are even more devastating, they increase from a middle double-digit number to now -20% in most cases.
not only that, the drops as the Pulse Asia survey shows are across the board, across all regions and across all socio-eco classes. in other words, the vote of disapproval is from everyone in all places in the country. that is massive decline in any survey, political or even in marketing.
that tells us whatever it is the Binay camp are doing, they are not working and is not helping the cause of VP Binay for his 2016 presidential aspirations. in marketing, actions and strategies are measured and judged by numbers, by results. the actual business numbers and results equivocally tell us whether they are working or not. numbers that go up simply say they are working and numbers that are down says they are not working. whatever the numbers are, you base your next step on those. good numbers says continue whatever you are doing while bad numbers says stop whatever you are doing and change course.
for the past weeks, all that the Binay camp have been doing is Binayfication. the numbers are out and what they are saying is that Binayfication is not working . the smart strategist will make a move to change strategies. but that does not seem to be what they will do. so far, all they have been doing is the same thing. doing the same thing will give the same results. if these initial results is the beginning of a trend, Binay is set to lose the 2016 election.
credit goes to sargo for the term “Binayfication”. it is being used with permission.
in 2010 – contrary to what he is saying now, Jojo Binay said he bought land for his piggery in Batangas
from an interview that Raissa Robles did with Jojo Binay (now vice president and 2016 presidentiable) in 2010, Binay said he “bought land for his piggery in Batangas”. that is contrary to what they are saying now, as they are now saying the land was just
listen to the audio recording here, at around 0:7:34 minutes of the audio.
read Raissa Robles’s article in full here : http://raissarobles.com/2014/10/13/binay-told-me-in-2010-he-had-bought-not-leased-the-land-for-his-piggery/
transcript of the interview from Raissa Robles’ article:
Binay: Kasi inulit na naman yung charges na yan. Condos, bahay.
Hindi, pero, is it – I mean, ok. Personally, I mean , kung anuhin nyo yung family, how many do you own? Houses –
Binay: yung bahay namin at saka yung bahay namin sa Batangas.(garbled)..
Wala nang condo -
Binay: Condo, dati yung anak ko nakatira sa condo. Ngayon nakatira sa bahay. ..(garbled)
Ngayon sa bahay na lang.
O may bahay na siya. May isang bahay na siya. Siya na lang ang wala dito sa bahay namin.
Binay: Lahat ng anak ko, at saka yung apo ko, second apo ko kay Abigail, yun lang ang wala dito.
( At 7.28 minutes of the video) Sir, yung Batangas is how many hectares?
Binay: Meron akong isang babuyan doon. (garbled)
Mga 10 hectares? Eleven?
Mga around 10 hectares. Namana nyo yoon?
Binay: Binili ko.
Binay: Mga 3 sentimos lang yata yon. 30 pesos.
Thirty – pesos per -
Binay: Per square meter. ..
Per square meter. Sir, kasi, Sir, I can understand, Gloria Arroyo has been trying to get you for a long time. Since 2001. Parang hinuhuli na kayo. And so I also look at what the Commission on Audit is coming out with.
from her article:
Binay told me in 2010 he had bought – not leased – the land for his piggery
Exclusive by Raïssa Robles
Reacting to allegations raised in the Senate hearings, Vice-President Jejomar Binay says he has never owned any of the land he used for his pig farm.
This is the exact opposite of what he told me on June 29. 2010 in a one-on-one interview with him for South China Morning Post, the Hong Kong newspaper I write for.
Last Thursday, Binay even told reporters categorically:
“We do not own [the property]. We just leased a portion of it for our piggery business” JCB Farms from 1994 to 2010.
“From 1994 to 2010, the Vice President operated a piggery business in Rosario, Batangas. This piggery business was a sole proprietorship duly reported in his SALNs and in his ITRs,” Subido said.
“The Vice President did not own any land where his piggery business was operated. Rather, he was a lessee of around nine hectares of land, with the improvements he introduced for the piggery business duly reported as ‘Leasehold Improvements’,” he added.
But in 2010 – two days before he was sworn into office as the Vice-President, Binay volunteered to me the information that he set up a “babuyan” (piggery) on around 10 hectares of land in Batangas. He said he had not inherited the land. He said he had bought the land for around 30 pesos per square meter.
Trying to reconcile what he said then with what he’s saying now, I phoned the Vice-President’s media relations chief Joey Salgado.
Although he answered the call on his mobile, Salgado could not seem to hear me — he kept saying “hello? hello?” — so we ended up texting each other back and forth.
I texted Joey Salgado:
Sir, is it the Vice President’s position that he never owned the land on which his pig farm was located? Thanks – raissa robles, journalist-blogger.
Salgado texted back:
I texted him again:
If this is his position, then why did he tell me in my interview with him in 2010 that he bought around 10 hectares for his piggery?
His purchase price was 30 pesos per square meter. that’s what he told me. thanks.
JCB farms has a leasehold agreement from 1994 until 2010 when he divested after his election.
I texted Salgado back to clarify this:
but he didn’t tell me leasehold. he said – binili ko.
And Salgado replied –
There is a leasehold agreement raissa.
I asked Salgado to e-mail me a copy of the leasehold agreement. I also asked him:
So what do you think the VP meant when he told me in 2010 he had bought the land on which his piggery in Batangas was located?
There was no further reply from Salgado.
these are the aerial photos of the alleged Binay Hacienda. binay says he does not own it. it is nevertheless magnificent. aside from the things inside it, it is half the size of San Juan City.
pictures from here :
- See more at: http://www.ellentordesillas.com/2014/10/09/binay-can-kiss-his-2016-presidential-bid-goodbye/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+EllenTordesillas+%28Ellen+Tordesillas%29&utm_content=Netvibes#sthash.QC4ekcaY.dpuf
the previous weeks have not been very good for vp jojo binay for himself and for his 2016 presidential ambition. charges at the ombudsman have been filed, the senate hearing on the overpriced Makati Parking Building started, aside from the parking building, many more issues have been unearthed and just recently the Pulse Asia surveys have been released where it has shown dramatic declines on his presidential ambitions.
we did say it is time for binay to panic.
as if the above have not been enough, here are three more reasons why binay should panic :
1. this person named mar roxas, another presidentiable allied with president noynoy aquino. roxas have had some bad press in recent months and when the presidentiables surveys came out, he did not do very well.
that may have change in the recent surveys and it is one of the reasons why binay should panic. here are the reasons why roxas should make binay panic:
mar roxas’ numbers in the latest pulse asia survey have been spectacular :
- roxas’ national ratings nearly doubled in september versus june, 10 13% from 7%. in fact from march, it has more than doubled – from 6% to 13%,
- his ratings in visayas and mindanao showed spectacular increases – doubling in visayas in september from june (from 11% to 22%) and more than doubled in mindanao from 8% in march to 19% in september.
- there were also spectacular increases among the D and E socio eco classes – among the D it doubled from 6% in march to 12% in september and an even more spectacular jump among the E where it more than doubled from March, 8% to 19% in September.
these are all spectacular increases. anytime your political base doubles be it in an area or among social classes, it is always spectacular and shows very big promise. this shows those who have abandoned binay are mostly moving over to roxas. binay’s loss is roxas’ gain.
2. dramatic changes in ranking – competition are gaining – the loss of supporters for binay showed his major competitors have gained. the changes in the rankings have been dramatic.
except for estrada, the chart shows that the traditionally strong presidentiables like roxas and santiago benefited from the deterioration in binay’s supporters. roxas who was ranked 5th in the june survey is now 2nd and santiago who was 6th is not 3rd. this shows they are gaining on binay.
3. the last reason why vp jojo binay should panic is this person called jojo binay himself. the chart shows a dramatic drop in supporters for binay from the upper calss, the ABC socio-eco class, from 47% in march to just 23% in september, he lost more than half of his supporters among the upper class.
the upper class are not just the thinking class, they are also the loudest class. they do speak and they will speak to others about their feelings. having them dump you as a presidentiable is not a good thing. not only that, their topic when they talk will most likely be about the corruption allegations and charges uncovered on binay. those are poison topics. the upper class talking about these on binay is not good content for the 2016 election.
the upper class admittedly is a small portion of the population but not having them on your side will eventually influence the rest of the country. the losses among the poor, DE socio-eco classes are big but not yet dramatic but when the dramatic deterioration happens among these groups of voters, it is good-bye 2016 for binay.
in analyzing data, one looks for the big changes, drops or increases and the trends. when you see these things on a set of data, it tells you where the red flags are and where the celebrations are located. these are just a first set of data points, a trend can’t still be seen. but the big changes in numbers, specially that these are dramatic drops is a big worry. what if the dramatic drops is the beginning of a trend?
the other thing you look at are “magnitude” and where they occur. some changes are not significant and therefore should not be worrisome. but if a change is like one half of the whole thing, that is magnitude staring at your face that should make you worry. imagine – losing one half of your support base in a particular segment. it is like you are a singer and when you reach half of the song you are singing, one half of the audience leaves the theater. that would alarm you and yes, it says something about your performance and skills. that is what happened to binay in some of the points in this survey.
that says one thing – it is time to panic!
not that we didn’t know it would happen, but the drop of -10% points in the presidentiables survey is significant both statistically and subjectively and time for presidentiable VP Jojo Binay to panic. this significant drop is exclusively because of the graft allegations and charges that are being made at the senate committee hearing on the overpricing of the Makati Parking Building.
this is not due to a competition making inroads or a change in the country’s situation and thus a change in voters sentiments, this all due to his making or his “not making”.
in marketing terms, the brand image of vp Jejomar Binay is getting hit badly. the word “corruption” has been attached to his name or at minimum a huge mistrust or suspicion is building up.
the drop in rating is across the board – all 4 regions and all socio-eco classes and each one is mostly like statistically significant. drops like these when seen in market research in marketing causes panic among the marketing and advertising teams. these are dramatic decreases. aside from the big deterioration in ratings, the bigger worry is that this might be the beginning of a declining trend. there are 6 more quarters until the 2016 election, a conservative and generous average drop of let us say 5% points every quarter will put the Binay’s rating by election time at 1%, certainly a rating that will not get him to win the election.
of course things can still change for Binay. this thing called “nothing is impossible” in marketing is also applicable for Binay, the 6 quarters to go also means there is still time for Binay to recover in the presidentiables ratings. but to change that will mean Binay needs to panic and change strategies and tactics. the horrific data means people are believing the corruption charges and allegations that are being made at the senate hearing and more importantly whatever Binay has been employing to answer them are not working, they are not able to change the minds of the voters.
is Binay willing to change strategies and tactics in answering the charges? we do not think so and we do not see it. Binay has not changed his strategy of “Binayfication” – introduce new and unrelated issues and points to the allegations and charges in an attempt to divert the attention of the audience to something else and anything but the corruption charges and allegations. with Binayfication, Binay ignores the charges and allegations. this has not changed since the start of the revelation of the charges and allegations and to the most recent statements of Binay and his various spokespersons.
note that this presidentiables survey was conducted at the start of September when the charges and the senate hearing was just getting started and before his infamous speech that was meant to “answer the allegations point by point” but was nothing even close to it and instead he made a 2016 election campaign speech. we know that from listening to the speech and from the words of Governor Remulla, one of his spokespersons who characterized the speech as “very presidentiable”. you know the speech is not to answer the allegations when his own spokesperson described the speech as “presidentiable”.
these rating drop could have been much bigger had the survey been conducted towards the last part of September when the senate hearing have had more hearings and more allegations and charges were revealed. nevertheless, Binay has not really changed his Binayfication strategy.
we also note the spin that another spokesman of Binay made about the rating – congressman toby tiangco said they were “positively surprised” by the ratings as they expected them to be lower. he was right and wrong about that. the rating was not as bad because the survey was conducted at the start of september when the issue was still new and not a lot of issues have been revealed. tiangco’s statement was a lame spin to squeeze something good from something terribly shitty. no wonder tiangco was fired as spokesman and replaced by governor remulla.
we have this thing called “lessons learned” in marketing. when we do a new marketing plan, we get the data from the previous year and analyze them and pick out “lessons learned”. that essentially identifies the mistakes made in the previous year and apply lessons to address or correct the mistakes. doing a good job at “lessons learned” often makes the difference at succeeding in the new business year for many brands.
we do not know where binay and his team of advisers are at. but if they do not shape up and become honest to themselves and look at the lessons learned from the previous weeks, things might not change for binay and his 2016 election ambitions. we only have one data point, so we do not know yet if this is a trend, it is a huge single data point, what they need to worry about is if this is single data point is the beginning of a trend. if it is a trend, then the 2016 election is one for Binay to lose. he can reverse it, but is he honest enough to face the lesson learned and face the allegations and charges squarely and stop the Binayfication strategy.
in marketing as it is in politics – not changing and continuing on a strategy that has been giving bad results spells doom.
~~more to follow~~
source : http://pulseasia.ph/
kudos for rappler.com for doing this detailed report on how the Binay’s “word class” parking building is overpriced on just one small component of the building – the toilets.
we are picking up the photos here and comparative tables. read the full article here : http://www.rappler.com/newsbreak/investigative/70270-world-class-prices-binay-makati-parking-building)