REPUBLIC OF THE PHILIPPINES Office of the Bar Confidant SUPREME COURT - En Banc - M A N I L A Judge Florentino V. Floro, Jr.

, Complainant, - versus -

A.C. NO. 7663 For: Disbarment

Senator Miriam Defensor-Santiago, (Rm. 521-A 5th Flr., GSIS Bldg., Financial Center, Roxas Blvd., Pasay City) Respondent. X---------------------------------------------------------------------------------------------------------X

Chief Justice Reynato S. Puno, and the MEMBERS, En Banc, SUPREME COURT, Padre Faura, Manila Motion for Entry of Judgment with Manifestation Your Honors, On April 1, 2008, I personally received the March 4, 2004 Resolution (which DISMISSED my complaint), and I state that I am not appealing the judgment. Accordingly, I move for the issuance of ENTRY OF JUDGMENT and / or Certificate of Finality. In this regard, I respectfully MANIFEST that: Senator Santiago in accident at spouses birthday party1 She received three stitches. ...
MANILA, Philippines (UPDATE) Senator Miriam Defensor-Santiago has suffered a misstep during her husbands birthday party at the EDSA ShangriLa Hotel, was caught off-balance, fell, and banged her head against the wall, and was immediately brought to the Cardinal Santos Medical Center, where she was treated for minor contusions. Bukol lang. [It was only a lump]. Shes OK now. Her CT [computed tomography] scan showed no additional injuries. The incident happened after the senator -- known for her colorful language -gave a short speech for her husband, former Customs commissioner Narciso, and was coming down the makeshift stage. Senator Miriam Defensor-Santiago says the concussion she suffered does not affect her "thinking process," only her "thinking longevity." She says she gets "very, very dizzy" if she works continuously for more than 20 to 30 minutes.

The Angel of Death, and Death of Firstborn (11:1 - 12:36)

There is no indication that Judge Floro is anything but an honorable man. And, in fact, in our disposition of the 13 charges against him, we have not found him guilty of gross misconduct or acts or corruption. xxx Judge Floro himself admitted that he believes in psychic visions, of foreseeing the future because of his power in psychic phenomenon. He believes in duwendes and
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http://newsinfo.inquirer.net/breakingnews/metro/view/20080415-130457/SenatorSantiago-in-accident-at-spouses-birthday-party By Veronica Uy, INQUIRER.net, First Posted 10:48:00 04/15/2008 Video taken by INQUIRER.net reporter Veronica Uy at the Senate on April 21, 2008.

of a covenant with his dwarf friends Luis, Armand and Angel. He believes that he can write while on trance and that he had been seen by several people to have been in two places at the same time. He has likened himself to the angel of death who can inflict pains on people, especially upon those he perceived as corrupt officials of the RTCs of Malabon. He took to wearing blue robes during court sessions, switching only to black on Fridays. His own witness testified that Judge Floro explained that he wore black from head to foot on Fridays to recharge his psychic powers. Finally, Judge Floro conducted healing sessions in his chambers during his break time. Lest we be misconstrued, we do not denigrate such belief system. xxx2. 1:4 And Moses said, Thus said the LORD, About midnight will I go out into the midst of Egypt: 11:5 And all the firstborn sons in the land of Egypt shall die, from the first born of Pharaoh that sitteth upon his throne, even unto the firstborn of the maidservant that is behind the mill; and all the firstborn of beasts. They would have to paint there door fronts with the lambs blood so that it were to pass and more to the next house or place. # (Exodus 11:1-12:36) death of the first-born of all Egyptian families. (Makat Bechorot) It was Moses who most often had dealings with the angel. At the rebellion of Korah, Moses saw him (Num. R. v. 7; Bacher, l.c. iii. 333; compare Sanh. 82a). It was the angel of death in the form of pestilence which snatched away 15,000 every year during the wandering in the wilderness (ib. 70). When Moses reached heaven, the angel told him something (Jellinek, l.c. i. 61). When the angel of death came to Moses and said, "Give me thy soul," Moses called to him: "Where I sit thou hast no right to stand." And the angel retired ashamed, and reported the occurrence to God. Again, God commanded him to bring the soul of Moses. The angel went, and, not finding him, inquired of the sea, of the mountains, and of the valleys; but they knew nothing of him. Really, Moses did not die through the angel of death, but through God's kiss ("bi-neshiah"); i.e., God drew his soul out of his body (B. B. 17a; compare Abraham in Apocryphal and Rabbinical Literature, and parallel references in Bklen, l.c. p. 11). Legend seizes upon the story of Moses' struggle with the angel of death, and expands it at length (Tan., ed. Stettin, pp. 624 et seq.; Deut. R. ix., xi.; Grnhut, l.c. v. 102b, 169a). As Benaiah bound Ashmedai (Jew. Encyc. ii. 218a), so Moses binds the angel of death that he may bless Israel. Solomon once noticed that the angel of death was grieved. When questioned as to the cause of his sorrow he answered: "I am requested to take your two beautiful scribes." Solomon at once charged the demons to convey his scribes to Luz, where the angel of death could not enter. When they were near the city, however, they both died. The angel laughed on the next day, whereupon Solomon asked the cause of his mirth. "Because," answered the angel, "thou didst send the youths thither, whence I was ordered to fetch them" (Suk. 53a). In the next world God will let the angel of death fight against Pharaoh, Sisera, and Sennacherib. In Roman Catholicism, the archangel Michael is viewed as the good Angel of Death (as opposed to the evil Angel of Death, Samael) carrying the souls of the deceased to Heaven. There, he balances them in his scales (one of his symbols). He is said to give the dying souls the chance to redeem themselves before passing as well. In Mexico, a popular folk Catholic "cult" regards the Angel of Death as a

A.M. No. RTJ-99-1460, OCAD vs. Judge Floro, Justice Minita Viray Chico-Nazario

http://www.supremecourt.gov.ph/jurisprudence/2006/mar2006/A.M.%20No.%20RTJ-99-1460.htm

saint, known as Santa Muerte, but this local cultus is not acknowledged by the Church.3

July 20, 1999 Longest Suspension in World History: November 20, 2003 Suicide / Grim Death of A. R. Santiago I pleaded and knelt before respondent Miriam, when she was JBC exofficio member. She threw all my written pleadings in the trash can. But Divine Justice The Santiagos have two biological children, Narciso III and Alexander Robert (AR), who committed suicide at the age of 22 on November 20, 2003. Miriam has adopted two girls, Megan and Molly, born in 1996 and asked then President Joseph Estrada to stand as their godfather.4 Divine justice is perfect and tempered with mercy
John Wilkins5 All human beings, the philosopher Donald MacKinnon used to tell his Cambridge students, have a desire for a true judgment on the lives they have lived. They want to submit to the verdict of an arbitrator who will have inner knowledge of the cards they were dealt, and the conclusions they drew about the way to play them; who will comprehend at the deepest level their motives and intentions in face of the pressures upon them and who will have mercy when they whisper the truth. Such a judge is not obtainable on this earth, MacKinnon observed. This would seem to be what Pope Benedict XVI is driving at in his recent encyclical letter on hope, Spe Salvi, when he says that I am convinced that the question of justice constitutes the essential argument, or in any case the strongest argument, in favour of faith in eternal life. This last section of the encyclical, in which the Pope also reflects on human suffering, has resonance in Lent. The encyclical, like its predecessor Deus Caritas Est, on love, is written in a beautifully precise, taut style. Here is a German professor at his best, drawing from his reflection on a wide spectrum of ideas as he contends with the atheist current in the West which, he is convinced, will be ruinous. The hope on which he dwells is specifically Christian hope. In contemplating the Judge who is Jesus Christ, the encyclical comes close to poetry. Benedict telescopes the extended chronology of Purgatory into that one moment in eternity - the heart's time, he calls it, outside all chronological time, which no longer exists. Before his gaze, Benedict writes, all falsehood melts away. . . The holy power of His love sears through us like a flame . . . At the moment of judgment we experience and we absorb the overwhelming power of His love over all the evil in the world and in ourselves. The pain of love becomes our salvation and our joy. The Judge, it turns out, is also the advocate on behalf of all souls which have retained their aspiration towards love and truth. Angel of Death, http://en.wikipedia.org/wiki/Death_%28personification%29#In_Abrahamic_Mythology 4 http://en.wikipedia.org/wiki/Miriam_Santiago#Personal_life 5 http://www.timesonline.co.uk/tol/comment/faith/article3336628.ece From The Times, February 8, 2008
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Benedict is talking about the Last Judgment here, but intimations of the encounter of which he speaks can be had even during a person's lifetime, as when fire came down on Blaise Pascal in Paris from about half past ten at night till about half past midnight on November 23, 1654. Overcome by the experience, Pascal encapsulated it on a slip of paper, which he sewed into the lining of his coat, so that it would go with him wherever he went. Benedict does not believe that any secular substitute for the Last Judgment can succeed. In the West, the Christian conception of a divine judge has faded into the background, he writes, and has been replaced by a conviction that human beings must themselves establish justice. Such a protest against a God who allows so much injustice and suffering is understandable, Benedict thinks. But no one will ever find a secular judge who can perform the function that MacKinnon described, nor an answer for centuries of suffering, nor a guarantee against the cynicism of power. Lenten abstinence is one way of experiencing solidarity with the suffering people of the world. The centuries of suffering are considered in the preceding passage of the encyclical. Great strides have been made to control, reduce and conquer physical pain. Yet in the world today there is no less suffering than before, the Pope thinks. Indeed, the sufferings of the innocent and mental suffering have, if anything, increased. There is no Christian answer to suffering, but there is a Christian way of using it. Benedict quotes a letter written by a 19th-century Vietnamese martyr in prison under such conditions as to justify describing his situation as being in Hell. Yet the martyr could still praise: Bless the Lord with me, he exhorted his readers, for his mercy is for ever. The test of being human, the Pope reflects, is one's attitude towards suffering. A society must be able to accompany and console those who suffer. If it cannot do that, it is not a human society. One can only guess whether the Pope might have partly in mind here the suffering of his predecessor, John Paul II, who was afflicted with Parkinson's disease d for several years, till in the end he could not speak. Yet he continued blessing the Lord till the end. I have a relative, an atheist, who says: I am not afraid of death any more, because he wasn't. Pope Benedict is an Augustinian, and in his writings one can hear St Augustine's radical pessimism about the corruption of the human condition in its natural state. Or perhaps one could better describe it as a radical realism, in line with the Lenten injunction to each person in the congregation: You are dust and to dust you will return. It is a realism that opens the way to the essence of the Christian faith as a tragic optimism which never loses hold of hope of new beginnings and a final consummation. John Wilkins was Editor of The Tablet, 1982-2003

Justice as trickery6 In Republic, the character Thrasymachus argues that justice is the interest of the strong: merely a name for whatever the powerful or cunning ruler has managed to impose on the people, to his or her own advantage. Nietzsche, in contrast, argues that justice is part of the slave-morality of the weak many, rooted in their resentment of the strong few, and intended to keep the noble man down. In Human, All Too Human he states that, "there is no eternal justice."

http://en.wikipedia.org/wiki/Justice#Justice_as_divine_command

Miriam vs the world7 - Tarantado!

Miriam versus 100. She had been away for some time (mostly abroad to campaign for a seat on the International Court of Justice) but when Congress resumed sessions last Monday, Miriam Defensor-Santiago went right back into actionand promptly clashed with her colleagues. She even managed to take aim at herself. She took the floor and impassionedly lectured against the proposed archipelagic baselines law and called congressmen tarantado for advocating it. [This choice term was invariably translated in news reports as idiots, but the translation loses the sense of panic, of a failure of nerve, she must have meant by it.] Lawmakers, she said, should leave such highly technical issues to experts. Prior to the start of the debates next week, her Senate seatmate and fellow lawyer Francis Escudero confided his misgivings about the legal soundness of her recommendation that the Senate give its conditional concurrence to the JapanPhilippines Economic Partnership Agreement. Chiz, youre inventing the law, Santiago was quoted as telling the 38-year-old Escudero, who had previously been given a similar brush-off during his interpellation of Santiagos privilege speech on the Hello, Garci wiretapping issue. Santiago also made known to reporters that she did not agree with Senate Minority FloorLeader Aquilino Pimentels idea for a Senate inquiry into the rice problem, which some say was the result of price manipulation. She said the rice problem was not confined to the Philippines but was a global problem, so that would call for a global inquiry in aid of United Nations legislation. That would ensure that they will appear on CNN, BBC, and other international news networks. Whether they will appear to the world as respectable senators or as standup comics is problematic, Santiago declared. It turned out, however, that on April 8, two weeks before launching her latest broadside, she filed Senate Resolution 336 calling for a Senate inquiry on the impending rice shortage in the country and the illegal activities of rice hoarders.Whew! To think she did all that quarreling in just one day. D. Pazzibugan

It's all in the behavioural-genetics8 We are coming to the end of the Freudian story and at the start of an exhilarating new one
What a difference a century makes. One hundred years ago, Sigmund Freuds answer to Daniel Nettles question What makes you the way you are? would have begun with your unconscious mind: the unique pattern of fantasies, defences, and instinctual conflicts that create your neurotic insecurities and self-defeating habits. These unconscious mechanisms would, in turn, have
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http://opinion.inquirer.net/inquireropinion/columns/view/20080426-132803/Miriam-vs-theworld Between Deadlines, Philippine Daily Inquirer, First Posted 02:18:00 04/26/2008
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http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/the_tls/article3757737.ece

From The Times Literary Supplement, April 16, 2008; Daniel Nettle; PERSONALITY; What makes you the way you are; 298pp. Oxford University Press. 12.99 (US $19.95).; 978 0 19 921142 5

been profoundly influenced by your parents, who overpunished you or underappreciated you, who told you too much about sex or not enough. You cant do much about your personality, though you can tweak it a bit with years of psychoanalysis. Today, personality researchers almost uniformly agree that the things that make you the way you are consist of a combination of your genes, your peers and the idiosyncratic, chance experiences that befall you in childhood and adulthood. Your parents influence your relationship with them loving or contentious, conflicted or close but not your personality, that package of traits we label extroverted or shy, bitter or friendly, hostile or warm, gloomy or optimistic. Your genes, not your parents, are the reason you think that parachuting out of planes is fun, or, conversely, that you feel sick to the stomach at the mere idea of doing such a crazy thing voluntarily. You cant do much about your personality, though you can tweak it a bit with cognitive therapy. Freuds view of personality was passionate, controversial, sexy, unfalsifiable and wrong. But it was a personal theory of personality. Anyone could immediately apply it, party-game style, to his or her own unconscious motivations, hidden fantasies and terrible parents. The behavioural-genetics view of personality is calm, uncontroversial (except to a few diehard Freudians), empirically testable and correct. But it is an impersonal theory of personality. After all, everyone has genes; not everyone has your mother. Daniel Nettle takes on the task of showing how evolution and genetics have conspired to create wanderers, worriers, controllers, empathizers, and poets, along with daredevils and wallflowers. Gone are the old type theories (are you a Thinking or Feeling type?) and single-trait descriptors (do you have a Machiavellian personality? Are you an erotophobe or an erotophile?). Evolutionary theory, the genome project, studies of identical twins reared together and apart, and brain-imaging techniques such as PET scans and MRIs have given scientists the theory and methods of identifying the differences in how peoples nervous systems are wired up and how those differences express themselves in characteristic responses to other people and to events. These characteristic responses statistically cluster into five basic factors, which are pretty much the same in every culture that has been studied, from Britain to Korea, Ethiopia to Japan, China to the Czech Republic. Nettle devotes a chapter apiece to each of the five: extraversion, the extent to which a person is outgoing, talkative, adventurous and sociable, or shy, silent, reclusive and cautious; neuroticism, the extent to which a person suffers from anxiety and other negative emotions such as anger, guilt, worry and resentment; agreeableness, the extent to which a person is good-natured, cooperative and nonjudgmental, or irritable, abrasive and suspicious; conscientiousness, the extent to which a person is responsible, persevering, self-disciplined and tidy, or undependable, quick to give up, fickle, sloppy and careless; and openness to experience, the extent to which a person is curious, imaginative, questioning and creative, or conforming, unimaginative, predictable and uncomfortable with novelty. You know these people, dont you? You can see yourself in this list, cant you? But if you are worrying that you are genetically disposed to worrying, dont worry about it. Each of these dimensions, Nettle shows, has, in evolutionary terms, benefits and costs. Extroverts may risk their necks to forage for food in strange places, but they are also more likely than their cautious peers to be eaten by strange creatures. Agreeable people may have harmonious relationships, but by putting others first, they may lose status and opportunities to advance. Neurotics are more vulnerable to anxiety and depression, and they see clouds in every silver lining; but they are also hypervigilant to dangers in the environment, some of which, after all, are genuine. As evolutionary theory would predict, you dont have to be a person to have a personality. Four of the five factors (apart from conscientiousness, a cognitively complex trait) have been identified in more than sixty species, not only

in our fellow primates but also in bears, dogs, pigs, hyenas, goats, cats and even the octopus. For anyone wondering how researchers study octopus personality, the answer is simple. They drop dinner (a crab) into a tank of octopuses and watch what they do. Some octopuses will aggressively grab their dinner at once. Some are more passive and wait for the crab to swim near them. And some are devious; they wait and attack the crab when no one is watching. These personality dispositions among octopuses can be reliably identified by independent observers. Nettle also explains why evolution hasnt made life easy for itself, so to speak, by simply selecting for one kind of trait among members of a species. Some guppies, for example, are more wary than others. Put them in a tank with one of their natural predators, such as the splendidly named pumpkinseed, and in only twenty-four hours, fourteen of twenty highly wary guppies will still be alive, compared to only five of the twenty unwary, extroverted guppies. Shouldnt evolution have seen to it, then, that wariness would become a universal guppy trait, akin to the long neck of the giraffe? No, because guppies live in different environments. If you are a guppy in a pumpkinseed-free environment, you dont want to be wasting your time searching for predators when you could be dating and mating (an activity that in humans, if not guppies, requires its own degree of wariness). Most environments provide a constantly changing level of danger from predators, making it maximally beneficial for any group of guppies to have both cautious members and bold ones. Behavioural-genetic studies have consistently found that the heritability of personality traits, whether the Big Five or one of many others from aggressiveness to happiness, is around 50 per cent. This means that within a group of people, about 50 per cent of the variation in such traits is attributable to genetic differences among the individuals in the group. Most people have assumed that the other 50 per cent comes from the shared environment of the home: parental child-rearing methods and the experiences the child shares with siblings and parents. If it did, studies should find a strong correlation between the personality traits of adopted children and those of their adoptive parents. In fact, the correlation is weak to nonexistent. This means that when children resemble their parents and grandparents temperamentally, it is because they share genes with these relatives, not experiences. What, then, is going on in the unshared environment, the other half of the influences that make you the way you are? Put simply, Nettle argues, we dont know. The area of environmental influences on personality is a morass of unsupported or poorly tested ideas, Nettle observes. He suggests that the reason there is only one Daniel Nettle, not 200 Daniel Nettles who are also working on books about the five-factor model of personality, is that the five factors can be channelled in countless ways, encouraged or impeded given a persons chance experiences, opportunities, health, peers and immediate circumstances. Moreover, because human beings, unlike the guppy and the octopus, have complex, sense-making minds, they are forever telling stories about themselves to explain why they are the way they are. No one else will experience Nettles life as he does or interpret it as he does. Our storytelling brains make each of us unique. When Judith Rich Harris reported the same information about the genetic origins of personality in her pioneering book The Nurture Assumption (1998) and then developed a richly complex theory about the origins of individual differences in No Two Alike (2007), readers understood that we are in the midst of a revolution in understanding of what makes us the way we are. Daniel Nettle, in contrast, has written an engaging primer on the genetics of personality, but he does not fully examine the implications of this work for child rearing, parentblaming, literary analysis, memoir, psychotherapy and human hubris. Were he to have done so, readers would have more deeply felt the impact and consequences

of coming to the end of the Freudian story, and of being at the exhilarating start of a new one. RELIEF

IN THE LIGHT OF THE FOREGOING, it is respectfully prayed that the instant Motion for Entry of Judgment be GRANTED. Accordingly, it is petitioned that the Clerk of Court be directed to issue a Certificate of Finality, to put a closure to this case. Other relief and remedies are likewise prayed for. IN WITNESS WHEREOF, I signed this pleading, this 2nd day of May, 2008, at Malolos City, BULACAN. Judge FLORENTINO V. FLORO, JR., Complainant,
123 Dahlia, Alido, Malolos, 3000 BULACAN,
Tel/#(044) 662-82-03; [I.D. Number: RTCJ-317 / EDP Number: 38676300; ROLL OF ATTORNEYS NO. 32800, Pg. No. 60, Book No. XIV - PTR No. 503411, dated 1-11-07, Malolos, Bulacan].

NOTICE & REQUEST TO: Atty. Ma. Luisa D. Villarama / Atty. Cristina Layusa, OBF, Clerk of Court, En Banc, SUPREME COURT, MANILA c/o Atty. FELIPA ANAMA,

Please DOCKET and AGENDUM the foregoing pleading for the deliberation and Resolution of the Honorable Court, immediately upon receipt hereof. Judge FLORENTINO V. FLORO, JR.,
Complainant

COPY FURNISHED: By registered mail with receipt and return card. Explanation: Due to lack of time and messenger and impracticality, I served copies of this pleading to respondent by registered mail with attached receipt, hereunder, as proof of service. Senator Miriam Defensor-Santiago,
Respondent, Rm. 521-A 5th Flr., GSIS Bldg., Financial Center, Roxas Blvd., Pasay City.