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Wednesday, June 15, 2011

Biased PHL Prosecutor Wendell Barreras-Sulit Suspended - Discharged

Malacañang has suspended Special Prosecutor Wendell Barreras-Sulit for 90 days pending her investigation for administrative liability in approving the plea deal of former military comptroller Carlos Garcia.

Executive Secretary Paquito Ochoa Jr. issued the order last Tuesday to prevent Sulit from tampering with records and harassing potential witnesses in the investigation

The order takes effect upon its receipt by Sulit.

It said her prevention was needed “considering the seriousness of the charges, the existence of prima facie case against respondent that she is probably guilty thereof which warrants her removal from the service…”

The Palace said it has jurisdiction over Sulit and her deputies since they are all presidential appointees and are not impeachable officials like the ombudsman.

In a statement, Malacañang said Sulit violated existing rules and jurisprudence when she entered into the plea bargaining deal with Garcia.

Sulit and her deputies were alleged to have deliberately impaired the case for the prosecution by ignoring and abandoning evidence favorable to the interest of the government and presenting evidence adverse to its cause.

Sulit was also accused of failing to discharge her duty of prosecuting erring public officials with utmost responsibility, integrity and professional competence.

Malacañang said Sulit caused undue injury to the government by giving unwarranted benefits to Garcia through “manifest partiality, evident bad faith and gross inexcusable negligence.”

Sulit was given 10 days within which to submit her answer to the formal administrative charge before the Office of the Deputy Executive Secretary for Legal Affairs.

Sulit approved the plea bargaining agreement allowing Garcia to return only P135 million of the P300 million he allegedly plundered.

The deal enabled Garcia to plead guilty to lesser charges.

The Sandiganbayan second division, headed by retiring presiding Justice Edilberto Sandoval, recently approved the deal after Garcia complied with all the conditions required in the plea bargain agreement.

The administrative case against Sulit was an offshoot of an investigation conducted by the House of Representatives committee on justice into the deal.

The House panel recommended that Sulit be dismissed from service for culpable violation of the Constitution and betrayal of public trust.

Order vs Sulit implemented

Acting Ombudsman Orlando Casimiro implemented yesterday the 90-day suspension order against Sulit.

Sulit, whose rank is equivalent to deputy ombudsman, refused to issue a statement to the media or grant interviews.

However the preventive suspension order is not a punishment and that if cleared she will be reinstated with her back salaries paid.

Malacañang’s latest action against the Office of the Ombudsman has left only three ranking officials in the anti-graft agency.

They are Casimiro, Deputy Ombudsman for Visayas Pelagio Apostol, and Deputy Ombudsman for Mindanao Humphrey Monteroso.

Casimiro, the overall deputy ombudsman, became acting ombudsman after Merceditas Gutierrez resigned last month and acting Deputy Ombudsman for Luzon Mark Jalandoni resigned last April.

Casimiro also became acting deputy ombudsman for military and other law enforcement offices after Malacañang dismissed Emilio Gonzalez III for alleged neglect of duty.

The Office of the Ombudsman has yet to announce if Casimiro will take over the functions of Sulit.

Long overdue – Blue Ribbon

The suspension of Sulit is long overdue, according to Senate Blue Ribbon committee chairman Teofisto Guingona III and other senators allied with the administration.

Guingona said Malacañang’s order is in consonance with the recommendation of the Blue Ribbon committee.

“It means (my report) is being recognized by the executive and complied with,” he said.

Senators Francis Escudero and Francis Pangilinan also lauded the Palace decision.

“I agree with and support that move,” Escudero said. “It should have been done a long time ago.”

However, Pangilinan said suspension is not enough, and Sulit must be dismissed from the service.

“We support the disciplinary measures imposed on the special prosecutor,” he said. “Malacañang should work swiftly as well to have her dismissed from service.”

Pangilinan said Sulit and the Sandiganbayan justices involved in the approval of the deal should also be made to account for their actions.

“It is a terrible sight for the cause of justice to see the special prosecutor acting like lead counsels for the defense,” he said.

Guingona said the Blue Ribbon committee believes that the plea bargaining agreement with Garcia is void.

“As the plea bargaining agreement is void, all the consequent acts of the plea bargaining agreement should be vacated and nullified - which include subsequent arraignment and bail,” he said.

“The Office of the Special Prosecutor initially claimed that the evidence is weak, but later on, they assert that evidence is strong,” he said.

Guingona said based on the Sandiganbayan’s internal rules, a plea bargaining agreement should require restitution.

“It is worthy to note that in the plea bargaining agreement of the Office of the Ombudsman with Charlie ‘Atong’ Ang, there was full restitution,” he said.

“In the case of Maj. Gen. Carlos Garcia, he was allowed to pocket P165 million in pabaon (send-off gift).”

Guingona said the offended party was not consulted as required by the Rules of Court.

The immediate and direct offended party is the Armed Forces of the Philippines, he added.

The ultimate offended party is the Filipino people, Guingona said.

Guingona said the Sandiganbayan’s decision to uphold the propriety of the plea bargaining agreement does not change the Blue Ribbon committee’s findings.

“There is still room for the justices to correct themselves to ensure that they are not instrumental to the coddling of officials who betray the public’s trust,” he said.

House of Representatives committee  welcomes decision

Members of the House of Representatives committee on justice welcomed yesterday Malacañang’s decision suspending Sulit.

“We thank the Palace for acting on the complaint by the members of the justice committee,” Deputy Speaker Erin Tañada said.

“It is time to hold Prosecutor Sulit accountable for entering into a plea bargain agreement with General Garcia. The hearings of the committee on justice show that the special prosecutors did not do their homework and exposed how lazy their office is in trying to look for additional evidence to pin down the people they are prosecuting. This is the reason why the former ombudsman had a low conviction rate and a high rate of plea bargains,” he said.

Iloilo Rep. Niel Tupas Jr., committee chairman, said Sulit’s preventive suspension is necessary to prevent her from tampering with documents related to the Garcia case.

“We hope that the Office of the President decides on the main case of removing Prosecutor Sulit for gross negligence and betrayal of public trust soonest so as to give way to a new leadership at the Office of the Special Prosecutor,” he said.

Bayan Muna Rep. Neri Colmenares said the cleanup of the Office of the Ombudsman must be “thorough and swift.”

“The new ombudsman cannot work with a special prosecutor like Sulit,” he said.

Military OK for Sulit Suspension

The military also welcomed yesterday the suspension of Sulit.

Armed Forces spokesman Commodore Miguel Rodriguez said it proves that the administration is bent in addressing corruption.

“I think they are serious in combating corruption,” he said. “We are making good the (promise of) daang matuwid (straight path). This is an indication that the administration means business.”

Rodriguez said the AFP is closely watching the developments of the Garcia plunder case

“We welcome this as a positive development but we are still monitoring the case,” he said.

Rodriguez said the military is stepping up measures to improve its systems.

“We are continuously implementing changes necessary to make our armed forces more efficient and effective

 

Discovery: Equilibrium of life's Existence theory reminds the possible ending of Human existence on Earth

Equilibrium of life’s Existence

Discovery: “Equilibrium of life Existence” states that “If human or animal will attract in the same gender, then it is the last chance of their existence as they won’t reproduce.” This is what we called Denis Somoso’s theory of “Equilibrium of Life’s Existence”.

Equilibrium is a very used term for science studies but former studies don’t step forward on the effect of equilibrium to the human and animal’s existence on earth. Scientist from around the globe tries to seek answers of the disappearance of many species thousand and million years ago. Their research is back-up with the fossils, footprints and other evidence which thought to live for million years. Another case is the recent discovery of a sea cow fossil in the cave of the subterranean river in Palawan, Philippines which believes that disappeared million years ago. Dinosaurs which are the largest predators on earth thought to exist for so many researchers probe and show evidences but no one could explain how they disappeared. Scientist and biologist declared so many endangered species in the world counting some other human predators like crocodiles, sharks, tigers, and many preys which said to be feared of disappearing so soon.

How the dinosaurs disappeared?

Existing explanations of most scientists are so shallow as how they discovered equilibrium and they could not apply such theory to the existence of human and animals. It is already hundred years of research but none of them questioned about the involvement of “equilibrium” in the disappearance of different species. Their focus is still far from the real cause of the real theory that could solve their problem.

Some researchers tried to explain that the reasons of the disappearance of many species thousands and million years ago; counting the climate change, the myth of flood as written in the Holy Bible and the Meteors or natural calamities.

All of the mentioned reasons are possible cause but the chances could not reach up to the highest proof of evidence and explanation that would convince the jurors that climate change is the reason or the flood or the meteors. If the flood is the reason, then it could be a valid reason in some way as the dinosaurs’ fossils found intact. If the is no current then the animal body will remain its location until it would got rotten. If a meteor, then it is very far from the fact that meteors will destroy the body of the animal which would hit by such gigantic burning object which means no one could see the intact fossils of the dinosaurs. Climate change also is convincing but the climate change on earth is not yet changing fast as the global warming is very minimal. The animals exist in the previous thousand and million years could have choices as the earth have different climate which is a proof of the migrant birds moving from one place to another place to suit the climates they want to live in.

International researchers want to close the arguments but they could not find the valid evidence to be declared as the real reason of the disappearance of different species thousands and million years ago so the scientists are still grasping information and continue researching until the present time.

What is Equilibrium?

Equilibrium is the condition of a system in which competing influences are balanced.

Biology

·         Equilibrioception is the sense of a balance present in humans and animals

·         Equilibrium unfolding is the process of unfolding a protein or RNA molecule by gradually changing its environment

·         Genetic equilibrium is theoretical state in which a population is not evolving

·         Homeostasis is the ability of an open system, especially living organisms, to regulate its internal environment

·         Punctuated equilibrium is theory in evolutionary biology

·         Sedimentation equilibrium is analytical ultracentrifugation method for measuring protein molecular masses in solution

·         Equilibrium Theory (Island biogeography), MacArthur-Wilson theory explaining biodiversity character of ecological islands

Physics

·         Equilibrium figures of Earth and planets (Physical geodesy)

·         Equilibrium mode distribution, the state of fiber optic or waveguide transmission in which the propagation mode does not vary with distance along the fiber or changes in the launch mode

·         Hydrostatic equilibrium, the state of a system in which compression due to gravity is balanced by a pressure gradient force

·         Hyperbolic equilibrium point, a mathematical concept in physics

·         Mechanical equilibrium, the state in which the sum of the forces, and torque, on each particle of the system is zero

·         Radiative equilibrium, the state where the energy radiated is balanced by the energy absorbed

·         Secular equilibrium, a state of radioactive elements in which the production rate of a daughter nucleus is balanced by its own decay rate

·         Thermal equilibrium, a state where an object and its surroundings cease to exchange energy in the form of heat, i.e. they are at the same temperature.

Chemistry

·         Chemical equilibrium, the state in which the concentrations of the reactants and products have no net change over time

·         Diffusion equilibrium, when the concentrations of the diffusing substance in the two compartments are equal

·         Donnan equilibrium, the distribution of ion species between two ionic solutions separated by a semipermeable membrane or boundary

·         Dynamic equilibrium, the state in which two reversible processes occur at the same rate

·         Equilibrium constant, a quantity characterizing a chemical equilibrium in a chemical reaction

·         Partition equilibrium, a type of chromatography that is typically used in GC

·         Quasistatic equilibrium, the quasi-balanced state of a thermodynamic system near to equilibrium in some sense or degree

·         Schlenk equilibrium, a chemical equilibrium named after its discoverer Wilhelm Schlenk taking place in solutions of Grignard reagents

·         Solubility equilibrium, any chemical equilibrium between solid and dissolved states of a compound at saturation

·         Thermodynamic equilibrium, the state of a thermodynamic system which is in thermal, mechanical, and chemical equilibrium

·         Vapor-liquid equilibrium, where the rates of condensation and vapourization of a material are equal

Economics

·         Competitive equilibrium, economic equilibrium when all buyers and sellers are small relative to the market

·         Economic equilibrium, a condition in economics

·         Equilibrium price, the price at which quantity supplied equals quantity demanded

·         General equilibrium theory, a branch of theoretical microeconomics

·         Intertemporal equilibrium, an equilibrium concept over time

·         Lindahl equilibrium, a method proposed by Erik Lindahl for financing public goods

·         Partial equilibrium, one part of the general economic equilibrium

·         Radner equilibrium, an economic concept defined by economist Roy Radner in the context of general equilibrium

·         Recursive competitive equilibrium, an economic equilibrium concept associated with a dynamic program

·         Static equilibrium (economics), the intersection of supply and demand in any market

·         Sunspot equilibrium, an economic equilibrium in which nonfundamental factors affect prices or quantities

·         Underemployment equilibrium, a situation in Keynesian economics with a persistent shortfall relative to full employment and potential output

Game theory

 

·         Correlated equilibrium, a solution concept in game theory that is more general than the well-known Nash equilibrium

·         Nash equilibrium, a solution concept in game theory involving two or more players

·         Quasi-perfect equilibrium, a refinement of Nash Equilibrium for extensive form games due to Eric van Damme

·         Sequential equilibrium, a refinement of Nash Equilibrium for extensive form games due to David M. Kreps and Robert Wilson

·         Symmetric equilibrium, in game theory, an equilibrium where all players use the same strategy

·         Trembling hand perfect equilibrium assumes that the players, through a "slip of the hand" or tremble, may choose unintended strategies

·         Proper equilibrium due to Roger B. Myerson, where costly trembles are made with smaller probabilities

 

Other Equilibrium

Social equilibrium - a system in which there is a dynamic working balance among its interdependent parts.

Equilibration, the means of cognitive development in Jean Piaget's cognitive developmental theory

Equilibrium of life’s Existence theory - “If human or animal will attract in the same gender, then it is the last chance of their existence as they won’t reproduce.” This is what we called Denis Somoso’s theory of “Equilibrium of Life’s Existence.

The Theory of Equilibrium in Animal and Human Existence (“Equilibrium of life Existence”)

So many branches of Science used the Equilibrium Theory but none of them dig up for the “Equilibrium of life Existence”. The theory of “equilibrium of life existence which is formulated by Denis Somoso, a Filipino researcher (somosophils@aol.com) doesn’t have so much thing to prove as different branches of Science studies proved already the equilibrium state. The application of equilibrium would be apply also in many games like “Mahjong” for example. When two the same or twin structure will appear together it will lead them to balance or “zero”. In Accounting, the problem would be solved only when it reach up to its equilibrium as balance or zero. For human; if two men attract its other then it is the end as they could not reproduce and it is the last chance of their existence. The same thing will apply to women and even to animals.

The Denis Somoso “Equilibrium of life Existence” states that “If human or animal will attract in the same gender, then it is the last chance of their existence as they won’t reproduce.”  You could not notice how does it start to make human existence balance? The Neutrality exists and grows fast. One of the common events that would meet the theory of human equilibrium is the existence of sexual neutrality of human and animals; the attraction of the same sex and end up to nothing, as no more reproduction and it could be the last chance of their existence. It is somewhat amazing for me to discover last 1999 a male homosexual goat, Denis Somoso said. A male goat who wants to have sex only with other male goats is somewhat unusual. This is quite confusing for me but it exist then I begun to open my mind how does it happen and only equilibrium theory explains everything that at the right time, everything will reached to its highest state and it is the equilibrium state as balance, he added.

The vastly increasing of number of homosexual between men and women, and even animals is a sign of its nearly falling into equilibrium state. It is not abnormal but it is just a sign that everything affects the maturity of its states and fastly seeking to reach its equilibrium state. Think of it, what will happen if the existence of human will reached to its equilibrium state, neutrality, no reproduction, do you think that the human will remain to exist in the earth? Or another evolution of new living creatures will form?

Do you think that science could invent a medicine to stop homosexuality to stop or halt or even slow the progress of homosexuality? If science could make it then it could delay the disappearance of human on earth. Do you think how many years left for the human’s final state as equilibrium? Maybe homosexuality gain persecution because it looks abnormal as woman fells like man and man fells like woman, how does it mean? It simply means neutrality and it simply means trying to reach up to its equilibrium and soon to disappear without anything left. No reproduction..

This is the Denis Somoso Theory of Equilibrium for human existence “Equilibrium of life Existence”. You may send comments and reactions for my newly founded theory (somosophils@aol.com).

 

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