President Arroyo did well to intervene in the drama unfolding before the eyes of televiewers in connection with the alleged multi-million peso bribery in the case of the so-called ?Alabang boys.?

At the rate the brouhaha is escalating with fingers pointing to both the Department of Justice and the Philippine Drug Enforcement Agency, it?s Malaca?ang that?s actually bearing the brunt since the bottom line is corruption.

The issue only confirms the existence of rampant corruption in high levels of government such that the scales of justice can be tampered with.

At this point, it?s difficult to make conclusions about the case. The fact that the House of Representatives committee on drugs is investigating the alleged bribery and what-have-you even makes it more muddled. After all, congressional investigations are supposed to be ?in aid of legislation? and not a venue to prosecute the guilty. That?s for the courts to decide.

Thus, the sooner the investigation is terminated in Congress and the parties found to have been bribed recommended for prosecution, the better for everybody.

Media may be feasting on this drama featuring law enforcers blaming each other for alleged bribery, with a lawyer allegedly committing an unethical act of using a Department of Justice letterhead for the DoJ secretary to sign and the family feud of the Brodetts.

Still, in the final analysis, it is the courts that will decide who?s guilty and who?s not.

***

Newspaper reports have it that the government peace panel is ready to resume peace negotiations with the secessionist Moro Islamic Liberation Front.

But with the MILF demanding a withdrawal of the military offensive against its rogue commanders who went on a rampage killing innocent civilians, looting and burning their homes, and trying to resurrect the controversial issue of the memorandum of agreement on ancestral domain, how in the world can there be any peace talks?

Will the government simply disregard the fact that the MILF violated the ceasefire agreement with its three rogue commanders?

More importantly, can Malaca?ang submit to the MILF demand to revive something the Supreme Court already ruled as unconstitutional since it could ever result in dismembering the republic?

Santa Banana, the MILF must be dreaming to even think that the government will submit to their demands. It?s a weak government to submit to such demands in the name of peace.

With both the government talking on different frequencies in the name of peace, I have my doubts that any peace agreement can be arrived at this year, not even when President Arroyo ends her term in 2010.

***

I believe as many do that the only way to talk to the MILF is a show of force. That?s something the Moros respect and believe in.

It has always been that way as far as we can remember. Recall that the .45-caliber revolver was invented precisely to stop the well-known ?juramentados? of old because no other pistol could stop them.

Negotiating peace with the Moros needs more than MoAs or peace talks. The government must do something that the MILF can respect?and that means show of force. That?s the only language they understand.

Government has tried everything, even to the extent of bending over backwards to accommodate the MILF in the name of peace to end the war in Mindanao which has taken its toll on innocent civilians, their homes and even their livelihood.

Certainly, peace cannot be achieved at all costs, even at the cost of giving an impression to the world that government must adopt the policy of accommodation to rebels and secessionists.

***

It?s such a clich?, but justice delayed is really justice denied. Looking past the metaphorical sense, postponing a legal resolution involved more than just principle. Sometimes, it entails real-life costs, continued mental anguish, and even the loss of livelihood while the perpetrators continue their unlawful acts.

This year 2009 is now underway, but I recall a column I wrote way back in April last year detailing the sad (and quite honestly shame-inducing) experience of Nikko Kabushiki Kaisha of Japan with our less-than-perfect bureaucracy. NKK manufactures a brand of high-quality shovel called Tombo, exclusively distributed here in the country by its sole accredited licensee. The company?s patent registration with the Intellectual Property Office (IPO) dates back to the 1960s, and has been faithfully update since.

Alas, in a country where counterfeit goods seem to outnumber the originals, a Chinese national and his Filipina wife began to flood the market with fake Tombo shovels beginning 2007.

Santa Banana, that?s not really shocking until you consider that the Chinese and his wife even had an IPO Certificate of Registration to back them up!

Now, how in the world could that have happened when this was clearly an ?exact duplication? of an existing IPO registry of the real Tombo shovel? My gulay, not one detail was changed: the same brand, same logo, even the same category was copied from the original. How the IPO could have missed this glaring fact was anyone?s guess, but you can bet the Japanese must have been scratching their heads the hardest.

***

First, the good news: sometime after I wrote about this irregularity, the IPO seemingly investigated the matter and rectified its inexplicably mysterious mistake. IPO director Adrian Cristobal Jr. issued a directive to cancel the Certificate of Registration of the Chinese national and his Filipina wife effectively restoring the exclusive distributorship of Tombo shovels to its rightful legal owner.

Moreover, based on a raid wherein fake Tombo shovels amounting to P3 million were seized by CIDG-CID operatives, the couple is now facing criminal charges, under Republic Act 8293, otherwise known as the Intellectual Property Code, Sections 155, 168 and 169 in relation to Section 70.

Now comes the bad news: as expected, the Chinese national and his Filipina wife filed a motion for reconsideration contesting IPO director Cristobal?s order. Following standard procedure, the IPO has 60 days to reply or comment on this.

Mr. NKK Japan and their local licensee waited patiently until the time elapsed, but absolutely no word came. Then 90 days. Then another 120 days. The countdown continued with no end to the maddening limbo.

Meanwhile, in a Quezon City RTC where one of their criminal cases are pending, no arraignment has been made against the ?pirates.? Their defense, if you believe it, is that should go scot-free because of the statute of ?double jeopardy.? My gulay, they are invoking a technicality to get off the hook!

In the first place, how can there be double jeopardy when the couple was charged with two different and distinct crimes? Violation of Section 155 in relation to Section 70 of RA 8293 involved infringement of a trademark, while Section 168 of the Intellectual Property Code involves unfair competition.

***

In this connection, I?d like to cite the case of ?Suero vs. People? in GR no. 152408, where the Supreme Court held that ?the same act may give rise to two or more separate and distinct offenses. No double jeopardy attaches as long as there is a variance between the elements of the two offenses charged. What is forbidden is another prosecution for the same offense.?

While this waiting game persists, numerous reports have confirmed that fake Tombo shovels are still thriving in the market. These same shovels were used to bury the wheels of justice.

I?d like to recommend, however, that IPO director general Cristobal should use the same fake shovels to dig a hole for some IPO people who initially gave the Chinese national and his Filipina wife an IPC registry that started all these. And my gulay, bury them on it!