Free Ericson Acosta
now!
A campaign statement
of the Free Ericson Acosta
January 23, 2012
Detained artist Ericson Acosta ended his hunger strike December 10, amidst initial
assurances that government is heeding the demand to look into his case
and that of other political prisoners. Acosta was visited in jail by
representatives of the Commission on Human Rights-Region 8 (CHR-8) and
the International Committee of the Red Cross (ICRC). Acosta’s family
and the network of artists, friends and advocates behind the Free
Ericson Acosta Campaign (FEAC), appeal once again to concerned
Philippine authorities to free Ericson Acosta and all political
prisoners immediately.
In August 2011, the
Amnesty International (AI) released a statement urging authorities to
“end Acosta’s detention without trial.” After six months in detention,
the international human rights group expressed concern that Acosta,
like “anyone subject to arrest or detention is ‘entitled to trial
within a reasonable time or to release.’” The AI also pointed out
rights violations in the conduct of Acosta’s arrest and detention.
“Death threats and prolonged sleep deprivation for the purpose of
interrogation violate the international prohibition against torture
and other ill-treatment. These practices violate the Convention
against Torture, which the Philippines has ratified… The Philippine
authorities must investigate these allegations and hold the
perpetrators accountable.”
Pending before the
Department of Justice (DOJ) since September 1, 2011 is the Petition
for Review of the illegal possession of explosive complaint against
Acosta. Aside from the Petition filed by his counsel the National
Union of Peoples’ Lawyers (NUPL), the FEAC network also submitted
before the Office of Justice Secretary Leila de Lima, several
statements of support for Acosta’s release signed by hundreds of
artists, journalists and human rights advocates; and publicly released
by different groups and individuals. The filing of the Review Petition
and the artists’ protest held outside the DOJ premises that day were
supported by no less than then-Executive Director of the
government-run National Commission for Culture and the Arts (NCCA),
acclaimed playwright Malou Jacob.
While detained in a
civilian facility, Acosta continues to suffer harassment and
intimidation from the military. Since July, a platoon of soldiers from
the 87th IB was deployed near the Calbayog sub-provincial jail in the
pretext of military operations. Today a squad of soldiers from the
14th IB, apparently deployed to guard Acosta, has literally set up
camp within the jail compound. The prosecution’s recent motion to
transfer Acosta’s custody we believe is based on an imagined, if not
engineered threat, and tramples upon civilian authority. Acosta’s
court appearances are all scheduled to be held in Calbayog City,
making the motion obviously impractical as Catbalogan is hours away
from Calbayog. Transferring Acosta will make visits more difficult and
prone to military surveillance for his family and supporters. Military
deployment inside the civilian facility is highly irregular as it is,
and the plan to transfer Acosta to a soldier town like Catbalogan is
completely unacceptable. Acosta has had enough suffering in detention
to be violated several times over with overkill security arrangements.
Human rights groups
have long called on President Aquino to free all political prisoners
in the country. They lament the continuing practice of criminalization
of political offenses, and cite the campaign for unconditional amnesty
as goodwill measure for the peace talks between the government and
rebel groups to move forward. Some 38 congressmen have already signed
House Resolution 1956 citing the case of Ericson Acosta and urging
President Aquino to grant unconditional amnesty to all political
prisoners.
Acosta’s family and
supporters continue to appeal to concerned Philippine authorities,
along with the Amnesty International, the NCCA, the University Council
of University of the Philippines, Diliman, the Philippine Center of
the International PEN and several other artist and human rights
organizations and institutions around the world such as the Campaign
for Human Rights in the Philippines-United Kingdom, the Rice and
Rights Network in the Netherlands, Habi Arts USA, etc., have all made
public their appeal to the Philippine government to release Acosta and
to look into the irregularities and rights violations in the conduct
of his arrest and detention. Acosta was even cited finalist of the
2011 Imprisoned Artist Prize at the Freedom to Create Awards Festival
in Cape Town, South Africa in November, for the contribution of his
work in promoting the creative spirit while highlighting injustice.
Nearly a year has
passed since cultural worker Ericson Acosta was arrested by the
military in Samar on February 13, 2011. He was tortured, interrogated
for 44 hours straight and held incommunicado for three days before a
fabricated charge of illegal possession of explosive was levied
against him to justify his arrest and continued detention. At the time
of his arrest, he was carrying only a laptop and some personal
belongings and was accompanied by a local barangay official as a
volunteer researcher of the peasant group Kapunungan han Gudti nga
Parag-uma ha Weste han Samar (KAPAWA), a member-organization of the
Kilusang Magbubukid ng Pilipinas (KMP). Philippine authorities must
end his unjust detention. FREE ERICSON ACOSTA NOW!
Dawning of the
vultures of freedom and democracy!
A Press statement by
ANAD Partylist Cong. Pastor M. Alcover Jr.
January 21, 2012
The country is now
made to bear witness to a very important political development that
might alter the historical track of our freedoms, democratic well
being, and institutions. The Filipino people is forced to a very
serious situation purposely and meticulously culled by those whose
ulterior motive is to institute political change: from a
republican-presidential to the violent and inhuman communist
dictatorship, either through the sheaths and swords of the brutal
Maoist terrorist Communist Party of the Philippines-New Peoples
Army-National Democratic Front (CPP-NPA-NDF); or the so-called Smiling
Communists in Akbayan Partylist perceived to be less violent but still
is efficient in using the dreaded iron-fist rule once they get hold of
the reins of governance.
The ‘Impeachment
Trial’ of Chief Justice Renato Corona is but a tip of an entire
ingenious plan designed to stir public opinion away from and against
government thus fueling mob rule to hasten the establishment of a
revolutionary government by way of sharing the power and authority of
government between the constitutionally mandated officials of
government and the Maoist terrorist CPP-NPA-NDF.
This game plan was
ably laid down and set into motion by the wily Maoist terrorist
CPP-NPA-NDF political operators, particularly those that succeeded in
infiltrating Malacañang and the pedestal of power and governance in
the country. Not to be outdone are the equally deceptive yet cunning
political operators of the Smiling Communists that are currently
nestled in equally influential positions in the executive and
constitutional offices of government.
Our sources in the
pedestals of power and authority revealed that among the distinguished
actors in these scheme are: then Akbayan President Ronald Llamas who
is now PNoy’s Presidential Adviser on Political Affairs; Secretary
Teresita ‘Ging’ Quintos-Deles head of the very influential Office of
the Presidential Adviser on the Peace Process (OPAPP); and Loretta Ann
‘Etta’ Rosales, Chairman of the Commission on Human Rights (CHR), a
constitutional office; among others. Equally wagging their Maoist
terrorist CPP-NPA-NDF influence and lies are Justice Secretary Leila
de Lima, cousin of the wife of CPP chairman Jose Ma. Sison, Juliet de
Lima; Atty. Alex Padilla, chief negotiator of the GPH panel; panel
members: Atty. Pablito Sanidad, Maria Lourdes Tison, and Jurgette
Honculada; Jose Luis Martin Gascon, and Eugenio Roberto Cadiz of the
GPH Monitoring Committee; and Fr. Albert E. Alejo SJ, Secretariat
Head, GPH Monitoring Committee.
This is aside from the
many Maoist terrorist legal/front sectoral organizations that are
currently stirring the sentiments of Filipinos and fomenting public
outcry against government. By far, these groups and individuals are
one in carrying out Mao Tse Tung’s doctrine: A good communist is one
who has mastered the art of creating a revolutionary situation!
Now, their forces are
joined because they’ve just one common objective and enemy – to create
disgust and hate among our people eventually causing the fall and
capitulation of the duly constituted free and democratic government of
the Republic of the Philippines and replace it with their brand of
communist dictatorship!
The Alliance for
Nationalism and Democracy (ANAD) Partylist is fully aware that the
debilitating communist worms and viruses are all over. One staunch
political leader was quoted saying – “They are all over the place!”
What then is the
scenario that they’ve unfolded? While the Maoist sectoral KMP-AMGL are
boisterous in their call for the distribution of Hacienda Luisita to
the thousands of its farm-worker beneficiaries and at the same time
strongly opposed to the Motion for Reconsideration filed with the
Supreme Court by the management of Hacienda Luisita Inc. (HLI), Bayan
Muna and other Maoist terrorist sectoral front organizations are
behind the anti-Chief Justice Corona campaign to kick the latter out
of the Supreme Court.
This ingenious plot is
not known to many. But
ANAD is fully confident in saying that there is “more than meets the eye” in
this. One must not miss that time when Bayan Muna and their ilk
decided to support President Aquino III despite the fact that the
KMPAMGL campaign in Hacienda Luisita is directly opposed to the
consciousness and heart of the President. Many would then ask: Why are
they doing this? The answer is but simple:
Bayan Muna Rep.
Teddy Casino et. al. are more than serious and hell-bent in asking
PNoy for the passage of the Freedom of Information (FOI) bill that was
then endorsed by PNoy to Congress as a priority legislative measure.
As far as the
communists are concerned, the FOI measure is far more important than
the Hacienda Luisita farm-workers’ interest. They know for a fact that
with their present influence in Malacañang and their efficient
infiltration of the structures of government, the FOI bill, once it
becomes a law, could best serve their intentions by the informations
and documents that their hands could lay on, e.g. political, economic,
and security concerns, to hasten the collapse of our government.
On the other hand,
obvious is the fact that once CJ Corona is ousted from the Supreme
Court, the communists are seeing better prospects for the denial of
the HLI’s Motion for Reconsideration. It is just like hitting two
birds at the same time. But still and always, the passage of the FOI
bill remains on top of their priority.
The widely circulated
“The Philippines Communist Creeping Invasion”, though discreetly among
well-meaning pro-democracy Filipinos, bared all of the machinations,
lies, and plays that the communists, e.g. Maoist and Smiling
communists, planned and unfurled to serve their devious ends. Even the
so-called rightist forces, either in the AFP, PNP, and the civilian
sectors, were effectively co-opted for their devilish ends.
The big question left
for us would then be: What happens when Jose Ma. Sison makes his
triumphant return to the country and later on given a Cabinet
position, under the guise of the so-called National Unification Plan
that reportedly is supported by PNoy? Isn’t this the ‘Dawning of the
vultures of freedom and democracy?
ANAD Rep. Jun Alcover
recently warned, “Our cherished freedoms and democratic life is
definitely fading out and about to be lost, and the situation is
getting murky in cadence with the developing political landscape of
the country. Power sharing in government is a prelude to the eventual
take over of government by the Maoist terrorists!
Once this happens,
because of our willful refusal to protect and preserve our freedoms
and democratic institutions, only God know what will happen to us!”
The next step or
steps to be made largely depends on what every peace and freedom
loving Filipino shall commit and do amidst the sounding of the bells
for us to wake up and do our share for the preservation of our
freedoms, democracy, and the protection of our people!
Impeachment: What to
Expect?
By SENATOR PIA S. CAYETANO
January
15, 2012
As all eyes turn to
the Senate, to watch the impeachment trial unfold, an understanding of
the procedure and the intent of the Constitution would help everyone
understand this process better.
Role of the Senate
Article XI, section 6
of the Constitution states:
The Senate shall have
the sole power to try and decide all cases of impeachment. When
sitting for that purpose the Senators shall be under oath or
affirmation.
Following the above
mandate, last December 14, 2011, we took our oath as judges of the
impeachment court. A perusal of the Senate’s Rules of Procedure on
Impeachment Trials (“Senate Rules on Impeachment,” for brevity),
reveals that indeed we sit as a trial court with the “power to compel
the attendance of witnesses … punish in a summary way contempts of,
and disobedience to, its authority, orders …” and others. The same
rules further state that witnesses shall be examined and then
cross-examined (Sec. V and XV).
Because we sit as a
trial court, we are not there to use our personal relations nor our
political affiliations. What is required is that we go through the
trial, calling witnesses, listening to their testimonies and the
cross-examinations. We are even allowed to ask questions (Senate Rules
on Impeachment, Sec. XVII). Then as trial judges we are required to
weigh the evidence presented and make a decision.
If the intention of
the framers of the Constitution were to make this a purely political
process, then why go through an impeachment trial? The Constitution
could have then just allowed the President or provided for some other
means to remove the defendant-official subject of the impeachment.
How then are we
suppose to judge the case?
Our jurisprudence
states that:
[A]ll suitors are
entitled to nothing short of the cold neutrality of an independent,
wholly free, disinterested and impartial tribunal (Luque v Kayanana,
29 SCRA 178 [1963]).
Impartial judgments
are described as decisions “on the basis of facts and in accordance
with the law, without any restrictions, improper influences,
inducements, pressures, threats or interferences, direct or indirect,
from any quarter or for any reason” (The impartiality of the judiciary
and the effectiveness of the justice systems, quoting Principle 2 of
the Seven key principles on the independence of the Judiciary.
Wilfried de Wever. Effectius)
Because of the dearth
of materials on the impeachment process, I looked at books authored by
American legal luminaries. Our Constitution is patterned after the US
Constitution and our provisions on impeachment are similar. In
“Impeachment, A Handbook,” author Charles Black, Jr., Sterling
Professor Emeritus at Yale Law School and adjunct professor of law at
Columbia Law School opines that the fact that the senators take a
separate oath emphasizes that the Senate “whether for this occasion
you call it a ‘judicial’ body or not- is taking on quite a different
role from its normal legislative one.”
He further states “The
fact that the Senate is to ‘try’ all impeachments, not simply vote on
them, implies that it takes on the nature of a judicial trial, because
the word to ‘try’ is a word used almost invariably in regard to
judicial trials.”
Thus, the
all-important question of the impartiality of the judges arise. As
noted by Black, and as I am sure, many are also aware, “senators find
themselves either definitely friendly or definitely inimical to the
[accused]. In an ordinary judicial trial, person in such a position
would of course be disqualified to act, whether as judges or as
jurors.”
And thus Black,
further states:
“It cannot have been
the intention of the Framers that this rule apply in impeachments, for
its application would be absurd; a great many senators would
inevitably be disqualified by it, and it might easily happen that
trial would be by a quite small remnant of the Senate. The remedy has
to be in the conscience of each senator, who ought to realize the
danger and try as far as possible to divest himself of all prejudice
(emphasis provided).”
Thus, there is no
doubt that when the Senators sit as judges we do so separate from our
function as law makers. We sit as judges in the impeachment trial and
we are required to act with the cold neutrality of a judge, devoid of
bias and partialities.
The Role of Every
Filipino Citizen
The Constitution
provides for various ways in which the citizens can participate in our
democratic process, one of them is the constitutionally guaranteed
freedom of expression. Filipinos have been very vocal about their
support or disdain for anything from public personalities to political
decisions made by incumbent officials. Clearly, we want to have a role
in the impeachment process.
It has been said that
“[O]ne of the demands of a democratic society is that the public
should know what goes on in the courts by being informed by the press
what is happening there, to the end that the public may judge whether
our system of administration of justice is fair and right (Trial by
Publicity, Arsenio Solidum. Philippine Law Journal, September 1959).
What then can our
citizens do?
- Support the process
set out by the Constitution
- Patient but vigilant
observation
- Critical but fair
analysis
In the formation of
one’s opinions, Charles Black states:
“We ought to try to
take the same stance of principled political neutrality that we hope
to see taken by the House and the Senate as they go about their work."
Given the above, what
is expected from a senator-judge? That he or she listens to every
single opinion offered by friends, strangers or media? Or that we stay
true to our oath and base our decisions on the evidence presented? I
humbly submit, that despite the interesting theories and conclusions
that will surely come out of this trial, we are required to pass
judgment based on the evidence presented in the impeachment court.
On
making comments and statements about the impeachment
Senators:
Like a judge in a
judicial court, Section XVIII of the Senate Rules on Impeachment
requires that the Members of the Senate “refrain from making any
comments and disclosures in public pertaining to the merits of a
pending impeachment trial.”
The same rule applies
“to the prosecutors, to the person impeached, and to their respective
counsel and witnesses.”
And to the public and
those in media. Yes, we each have own opinions. In fact, the press
have their Constitutional guarantees on freedom of the press. Does
that mean we can all say anything we want about the impeachment trial?
As a judge, I need to
shed myself of all impartialities and take on the neutrality of a
disinterested person. In addition I am barred from making any comments
on the merits of the trial.
For every other
citizen, the Constitution and our rules are silent. But if you expect
fairness from your judges, then perhaps the same principle of
political neutrality will go along way in helping each other
understand the issues without being swayed by personal or political
leanings. This will then elevate the discussion and would go a long
way to help the Senators focus on the evidence on hand and not on
public perception.
Conclusion
If we accept that we
are a democratic society governed by our Constitution and our laws,
then we must submit ourselves to the systems that have been put into
place. And be vigilant about observing it properly and guarding
against abuses.
We all have a role
to perform. If we do it well, we can reach a different level of
political maturity and democracy. And in the process, strengthen our
institutions which will make for a stronger nation.
Police fail in their
obligation to investigate journalist killings
A Statement from the
Asian Human Rights Commission
January 6, 2012
The Asian Human Rights
Commission (AHRC) is deeply concerned by police investigations into
the murder of journalists Christopher "Cris" Guarin and Alfredo "Dodong"
Velarde, Jr. in
General Santos City. Not
only have the Philippines’ police failed in their duty to protect
citizens from harm, but they are compounding this failure by their
indifferent and casual attitude towards holding the killers
accountable.
Guarin, publisher and
editor-in-chief of a daily community newspaper Tatak News, was shot
dead at 10pm on January 5, 2012 along Conel Road, Barangay Lagao,
General Santos City. He was in his car with his wife, Lyn and
nine-year-old daughter, on their way home, when they were attacked by
gunmen riding on a motorcycle. His wife and daughter were not hurt,
but were deeply traumatized to witness his murder.
Guarin's murder
followed the murder of another journalist, Velarde, in November 2011.
Circulation manager of another daily community newspaper, Brigada
News, Velarde was shot dead on November 11 in front of his office.
Although the AHRC have learned that the motives for Velarde and
Guarin's murder were related, the police have been more focused on
dispelling public expectations and any sense of urgency, rather than
ensuring proper investigations into the deaths.
A day after Guarin's
murder, Senior Superintendent and city police chief Cedric Train,
concluded that "the motive for the killing was likely not
work-related". Earlier, the police also concluded that Velarde's
murder was nothing more than "an ordinary shooting incident" common in
the city. The police also rejected Velarde's background as related to
journalism or media work.
The AHRC is deeply
concerned that the Philippine National Police (PNP), particularly the General Santos City Police Office (GSCPO),
have completely misunderstood their responsibilities and obligations
in conducting adequate criminal investigations into murder cases.
Whatever the motive of the murder, and whatever the profession of the
victim, it is the police’s responsibility to investigate and hold the
perpetrators accountable.
Prior to Guarin's
murder, he had been receiving threats via SMS. In fact, a few hours
before his murder, on air in his radio programme, Guarin read an SMS
he had received warning him he would be killed once he left the radio
station premises. It has become common for radio broadcasters to read
threatening messages on air, not only to share this with their
listeners, but also to alert the police authorities.
Guarin, a veteran
radio broadcaster prior to publishing his newspaper, received similar
threats in the past. His failure to make an official police record of
these threats is not evidence of him ignoring the threats; rather, his
practice of revealing the threats in public reflects the absence any
protection mechanism. Most threats received by local journalists,
newspaper or radio reporters are not taken seriously by the police.
Prior to Velarde's
work as circulation manager of Brigada News, while he was working as a
newspaper dealer to a defunct daily bilingual newspaper in the city,
Super Balita, he did not require body guards or escorts. Staff of a
community newspaper needing body guards to deliver the newspaper has
become a common practice in the city. Those who can afford to pay for
bodyguards or security escorts do so, while others ask for the
issuance of firearms for their protection from the police or military.
The local police have
clearly failed in ensuring that local journalists are given protection
in performing their duties. The routine, widespread and systemic lack
of protection and security in many communities in the Philippines is
such that those who hire killers, premeditate murder or commit crimes,
have a complete disregard for any notions of crime, law and
punishment. They do not fear the police or the law.
For public
confidence in the law and its protection, as well as for the necessary
deterrence of crime and criminals, it is crucial that the Philippines’
police demonstrate their utmost compliance to legal obligations, and
their capacity to ensure crimes are adequately investigated and
perpetrators held to account. Their failure to do so will only
aggravate people’s uncertainty and sense of security.
Handling temptations
By FR. ROY
CIMAGALA, roycimagala@gmail.com
January
3, 2012
THOUGH we have to face
big issues and bigger challenges this year, especially in the areas of
economy and politics, we should never forget to develop and strengthen
our personal skills in handling temptations. This concern never goes
passé, and it touches a basic, indispensable aspect of our life in all
levels.
These days,
temptations come to us in the subtlest and trickiest of ways. This can
be due, at least in part, to the increased level of sophistication
both in people’s thinking and in world development, especially in the
area of technology and ideology.
With these
developments, temptations can easily come undetected, and sin can be
committed in most a hidden way and even easily rationalized. How
important therefore it is for us to always grow in humility and
simplicity, finding aggressively practical ways to achieve them! If
not, we would just be lost.
The healthy fear of
God is disappearing. In its place, a most heinous sense of
self-importance is dominating. The criteria to determine what is good
and bad have become blurred. They have gone almost completely
relativistic and subjective, declaring total independence from any
absolute and objective rule or law.
Some psalms can give
us helpful ideas on how to handle temptations.
- “Surrender to God,
and he will do everything for you.” (Ps 36)
- “Turn away from evil
and learn to do God’s will. The Lord will strengthen you if you obey
him.”
- “Wait for the Lord
to lead, then follow in his way.”
Truth is, we always
need God in our battle against temptations. We should disabuse
ourselves from the thought that with our good intentions and our best
efforts, we can manage to tame the urges of temptations.
We cannot! That’s the
naked truth about it. We only can if we are with God. And we have to
be with him in a strong, determined way, not in a passive or lukewarm
way. Do flies flock on a hot soup? No. But they do on a cold or
lukewarm soup.
We need to do
everything to be with God. Our mind and heart should be fully and
constantly engaged with him. We always have reason to do so – at
least, we can thank him for what we are having at the moment: health,
food, air, work, etc.
We should never take
things for granted. Remember that our Lord asked the only leper who
returned to him to thank him out of the ten who were cured, where the
other nine were. Our Lord expects us to thank him for everything that
he has given us.
From there, let us try
our best to figure out what his will for us is at any given moment. We
have to have the sensitivity to ask him, even if we are already doing
our duties and responsibilities which are part of his will for us, how
what we are doing at the moment is part of his will, of his abiding
providence over us.
That kind of mentality
helps us greatly in avoiding sin and in keeping our love for him. Just
the same, we should not be surprised that in spite of this attitude,
temptations still come. Jesus himself was not exempted from
temptations.
That’s because
temptations also play an important role in our spiritual life. They
point to us where we are weak. They encourage us to develop the
virtues that correspond to them. They remind us to be humble always
and to depend always on God rather than on our powers.
Temptations can come
because of one’s temperament, as in if one is passionate yet weak of
will. He is not well-balanced and energetic. They also come because
one has been reared in love of pleasure or in an atmosphere of pride
and envy. They also come because of God’s providential designs.
We have to be ready
for them. Always with God’s grace which we have to continually ask, we
have to develop the skills and other tricks of our warfare with them.
We should learn to ignore them, reject them outright, never
entertaining them, and even ridiculing them.
We should learn to
pray more intensely, immerse ourselves more in our work and duties and
with greater love. We have to grapple with temptations in the little
things, never allowing them get into our big things or close to the
heart of our spiritual fortress. It might be a good idea too to go to
confession once temptations come.
Lastly, never to
lose hope even when we fall.
Ripping up calendars
By JUAN L. MERCADO, juan_mercado77@yahoo.com
January
1, 2011
New 2012 calendars
will now be tacked up and those of 2011 shredded. In Year 153 BC, two
Roman consuls then set January 1 as the New Year – for hard-nosed
military reasons. Since then, various customs evolved since to mark
the passing of five hundred twenty five thousand six hundred minutes.
Relax. Besieged
Supreme Court chief justice Renato Corona didn’t get a second more
than Torio, our neighborhood beggar. “Time is the one thing given to
everyone in equal measure,” Seneca wrote.
The optimists, among
us, itch to see the new year in. The pessimists would make sure the
old one finally beat it. “The object of a new year is not that we
should have a new year,” G.K. Chesterton reminds us. “It is that we
should have a new soul”.
Thus, some heed the
ancient counsel: “Be still.” They give thanks in quiet prayer. Many
carom into the usual noise barrage. As dawn breaks, exhausted doctors
in emergency rooms will still be treating those blasted by
firecrackers – and stray bullets.
On January 1,
Catholics mark the “Solemnity of Mary, Mother of God”. “Mary is
Islam’s most honored woman,” the Economist points out. She’s the only
one to have a whole chapter named after her in the Koran.
“Christians and
Muslims see, in Mary, an affirmation that there is no limit to the
proximity of God that any human being can attain…Surely, that is
reason enough for people of any faith to feel reverence for history’s
foremost Jewish mother.” She is our fallen nature’s “solitary boast”.
Blogs are the new kids
on Media Avenue. Some now run individual yearend reviews, just as
newspapers, radio and TV traditionally do. These summaries tally the
past year’s issues.
“Life can only be
understood backwards,” Soren Kierkegaard insisted. “But it is best
lived forward.” Crystal bowl features are a standard of yearend media
reports. “In times like these, it is helpful to remember there have
always been times like these”.
Discerning the future
has never been one of mans special strengths. How do you
Crystal-balling is about making educated guesses of what lies beyond
the horizon. From today’s realities, one sifts the trends likely to
endure – and reshape tomorrow. “In today, tomorrow already walks.”
Nonetheless, the drill
to glimpse ahead usually reaches fever pitch on New Year. “If you
could look into the seeds of time / and say, which will grow and which
will not,” Shakespeare wrote.
“Death keeps no
calendar” yearend. Reviews list prominent individuals who passed away
in 2011. That includes Czechoslovakia’s “Velvet Revolution” leader
Vaclav Havel, the paranoid Korean dictator Kim Jong Il, computer whiz
Steve Jobs to Fr. Fausto Tenorio, the selfless priest of Mindanao
lumads.
Shouldn’t media do
also a yearend listing of “unfinished business.”?
This is, after all, a
country of few closures. We waffled on the Japanese collaboration
issue. Few were punished for martial law abuses. Look at Imelda.
Among issues that 2011
will leave unresolved are: desaparecidos Jonas Burgos, Shireley
Capadan and Karen Empeno, unresolved murders, such as that of
publicist Bobby Dacer, SVD Fr. Franciskus Madhu, SVD to scores rubbed
out by vigilantes in Davao and Cebu, the coconut levy, tracking down
former General Jovito Palparan, etc.etc. This lack of accountability
will spill into 2012.
The year that was saw
Justice Conchita Carpio-Morales whack a Supreme Court decision that
blinked at Eduardo Cojuangco. He pocketed 16.2 million San Miguel
Corporation shares, by dipping into levies squeezed from indigent
coconut farmers. “The biggest joke to hit the century”, she wrote
before retiring.
Did this Court crack
the “second biggest joke to hit the century? Voting 7-6-2, the
tribunal ruled “with finality” that creation of 16 new cities, didn’t
fracture the Constitution. All 16 flunked tax collection criteria of
P100 million, average for two consecutive years. That’s set by the
Local Government Code (LGC).
The Court cartwheeled
repeatedly, within three years, over a "final decision" that had
become, in its own words, "executory". “Oh No! Not Again!", Inquirer
headlined February’s flip-flop.
By then, vertigo
afflicted everybody. That includes the League of Cities. Its 120
members protested the 16 “upstarts” siphoning their Internal Revenue
allotments. “League of 16” members were also strapped to this
“judicial yoyo”.
Persisting emergencies
uncoil below the radar screen during delivery or a day maternal death
rates here are triple that of
China.
We won’t meet the Millennium Goal target number 6: to reduce by
three-quarters the number of mothers’ deaths.
Under-five children
death rates are down to 29 today from 59 two decades ago. That is
still behind Malaysia’s 12. Many will not “comb grey hair,” as William
Butler Yeats wrote.
Shriveling from
chronic hunger is not the stuff of headlines. Neither are the 700,000
abortions yearly due to lack of family planning alternatives. Few fret
that the country’s capacity to feed itself dwindles as the thin top
soil erodes. “Reversing soil erosion will make fighting insurgency
seem like child’s play,” the late National Scientist Dioscoro Umali
once said.
Don’t be fooled by the
calendar,” our grandmother used to say. “You have only as many days as
you can make use of.”
Happy New Year.
PCID welcomes the
appointment of Congressman Mujiv Hataman as ARMM governor
A statement by the
Philippine Center for Islam and Democracy
December 21, 2011
The PCID welcomes the
appointment of former Anak Mindanao party-list Congressman Mujiv
Hataman as the regional governor of the Autonomous Region of Muslim
Mindanao (ARMM).
We fully support
Hataman based on his track record in pursuing the Bangsamoro struggle
and background in development work.
Hataman’s active
legislative work as member of the House Committee on Human Rights
together with then Rep. Benigno Aquino III as chairperson. Hataman led
investigations on the spate of kidnappings in the Basilan and Sulu as
well as sponsored resolutions condemning the killings of Moro
activists and detainees suspected of being Abu Sayyaf. He also
primarily sponsored the declaration of March 18, anniversary of the
Jabidah massacre, as a Bangsamoro historical event.
Hataman has strong
support from the non-Muslims inside and outside of ARMM and is
well-known among civil society groups involved in advocating for
reforms in the ARMM. Thus, his appointment sends a strong signal that
genuine reformists would steer ARMM in less than 20 months before the
May 2013 elections.
Hataman has both the
administrative and legislative background having worked in the
provincial government under Gov. Wahab Akbar and later as a three-term
legislator. The fact that he is President Aquino’s personal choice to
lead the reform process means that Hataman enjoys the trust and
confidence of the President that is precisely needed by an OIC
regional governor. He is seen as a non-trapo with progressive Left
leanings where he can well appreciate the dysfunctions of clan and
insurgency-related conflicts.
PCID also
congratulates the appointment of Bainon Karon as ARMM Regional
Vice-Governor. A well known civil society leader and MNLF leader,
Bainon has served as ARMM Secretary for Social Welfare. She will be
able to support the Regional Governor in ensuring that the basic needs
of the people of ARMM are served and that the Millennium Development
Goals are attained.
Impeachment of chief
justice is watershed for judicial accountability
A Statement by the the
Asian Human Rights Commission
December 20, 2011
The Asian Human Rights
Commission (AHRC) welcomes the commencement of impeachment proceedings
on the Philippines' Chief Justice Renato Corona. We view this as a
constitutional process that protects the independence of the judiciary
rather than a process that constitutes an attack of the independence
of the judiciary. We are also pleased that he has submitted himself to
the impeachment process but express concerns at some of his comments
that distort the Constitutional intention of the very process.
There is no other way
for Corona, whose credibility and integrity have already been
questioned in the impeachment complaint, to be held accountable than
to have him impeached as required by the 1987 Constitution. The
Philippine congress complied with this Constitutional provision after
the votes required were obtained to approve the articles of
impeachment on December 12, 2011. This anticipated impeachment trial
in January 2012 would rather strengthen the Filipino people's
confidence of an independent judiciary as they would see that indeed,
it is possible to hold court justices to account.
The country's 1987
Constitution protects judicial independence, not only from undermining
by other branches of the government, but also from its own people who
are part of the judiciary from abuse of their power. Like the
country's president, the chief justice is also not immune from being
held to account from allegations of wrongdoing in the performance of
his judicial duty by way of an impeachment. They cannot occupy a
judicial position on assumption that whatever they do – either as an
individual judicial officer or as part of the judicial institution –
are all absolutely accordingly to law.
Whether the
allegations in the articles of impeachment on
Corona
have no basis or are politically motivated, it is for him to defend
himself; and for the Senate's impeachment court to decide base on
facts and merit. Thus, those who sit as judges in the impeachment
proceedings must also prove themselves as independent and impartial in
deciding the case. Senators who will sit as judges but who have
already openly supported or questioned the merit of the impeachment,
must seriously considers their withdrawal as judges in the trial if
the trial is to be credible.
While it is true that
procedurally, under the impeachment trial, judges are not confined to
the strict rules of judicial process as in courts. But this trial is
beyond the issue of procedural matter. It is about the substantive
rights of Corona, a person who now stands accused of committing
wrongdoing in performing his duties. He is entitled to a fair and
impartial trial like any other individual defending their self in any
court of law. The Senate must eliminate itself of any molecule of
doubt of its independence and impartiality in dealing with Corona's
impeachment case if their decision is to be acceptable and legitimate
to comply with the fundamental rights of an individual to a fair
trial.
The allegation on
Corona is not entirely unique for him as some of the members of
Philippine judiciary have been for many years also accused of having
been involved in judicial corruption, incompetence and impartiality in
their decisions. However, even though this has been common knowledge,
there have been negligible numbers of court judges and their personnel
who were held to account to the serious allegations of wrongdoing.
There is a variety of reasons as to why this is so.
Judicial independence
does not mean the absolute immunity by members of the judiciary or the
institution they are attached to when there are factual and
meritorious evidence that they committed wrong doing. However, due to
the lack of clarity and substantive discourse in the ongoing legal
debate on what 'judicial independence' means there is a taboo if not
assumptions that the impeachment of Corona and for any other members
of the judiciary in future is itself already a form of an attack
against judicial independence. This is wrong. Those who stand accused
for any wrongdoing should also refrain from dragging the judicial
institution to their defence.
To hold court judges
accountable is a matter of great importance. It would have a
consequence in their individual's capacity to make impartial and
independent decisions in making judgements; however, when there is
doubt as to their credibility and fairness in deciding cases, then
this should require a rather more stringent measures to ensure
impeachment proceedings or prosecution of court judges are not done in
abuse or mere retaliation in their exercise of judicial duties. Thus,
it is utmost to ensure that due process and fair trial is observed in
Corona's impeachment proceeding.
The AHRC therefore
urges the public to be thorough and observant in the substance and
merits of the impeachment complaint on
Corona.
They should also be cautious on any attempt that is divisive to the
Filipino people, particularly the legal community that is presently
divided on this issue. It is expected for anyone charge of serious
allegations to make his own defence; however, they should not be to
the extent of ignoring or undermining the Constitutional process of
impeachment. Also, public discourse on this matter should not be
distorted on pretext of protecting the independence of judiciary.
Corona, like any other
ordinary individual, has the fundamental right to be presumed innocent
and has the right to be heard. This does not mean that it would be
justifiable that the impeachment trial is itself already biased or
taking place purely for political reasons before they could even
perform their Constitutional process of hearing the complaint. This
argument is particularly dangerous as a court judge would be assumed
to be invincible and given an unjustifiable immunity from any
allegations of wrong doing. In which case there would not be any way
to hold any court justices accountable and no other way to resolve the
conflict between three branches of government.
In cases involving
persons occupying high positions in the government it is inevitable
that politics is involved; however, this notion should not be used as
justification to get away with serious allegations of judicial
corruption, nepotism, political patronage and abuse of authority. In
any impeachment trial, it is the individual and not necessarily the
judicial institution that is being tried. Again, the Senate
impeachment court must observe the fundamental principles of fair
trial and due process if they want the impeachment trial to be
credible and legitimate.
Agenda item for 2012
By JUAN L. MERCADO, johnnylmercado@gmail.com
December
16, 2011
Call this the
“Deadbeat Bill”. When Congress reconvenes after the Christmas break,
it should make time for House Bill No. 2009, despite the impeachment
trial for Supreme Court chief justice Renato Corona If approved into
law, the measure could help stem today’s flood of government officials
who welsh on settling cash advances.
Failure to settle,
within a whittled-down period, becomes “prima facie proof of
malversation of public funds”. That’d call down jail terms and fine
for deadbeats.
Cash advances that
national government officials failed to settle exceeded P4.8-billion
in 2005 alone, says bill author Pasig City Rep. Roman Romulo “This is
a disturbing situation… What about the succeeding years to the
present?”
Consider the advances
that then President Gloria Macapagal-Arroyo took out for foreign and
local travel. In 2009, the Office of the President exceeded P594
million allocated by Congress for this purpose. Worse, over P367.3
million in cash advances for travel remained unliquidated as of August
31 this year, Commission on Audit records show.
“Efforts to identify
officials, who whelshed on payments, were hampered, Executive
Secretary Paquito Ochoa, Jr. admitted. Lists of those who traveled
with the President were not available. Some former disbursing officers
quit.
National officials do
not command a monopoly on this reluctance to pay back what government
advanced. Flip through the latest Commission on Audit’s latest annual
financial report on Local Governments (Vol III).
This documents an
epidemic of local officials, thumbing their notes at government bill
collectors. The contagion cascaded from Tugegarao in the north to
Tawi-Tawi in the south, from Palawan in to west to Samar in the East.
Here are some telling excerpts from the auditors:
On the western
Philippine flank, Puerto Princesa city accumulated a staggering P180.4
million worth of unliquidated advances. That whooper is the biggest
bill in all 136 cities.
In eastern
Philippines, Samar racked up P25.8 million in unpaid advances.
Calbayog
City
outstripped that at P59.9 million.
Up north, unliquidated
cash advances in
Tugegarao City
amounted to P5.77 million. Management proved lax “in monitoring their
liquidation.” It shied away from clamping on sanctions such as
“withholding of salaries to settle cash advances. Of P836,207
disallowed, only P73,167 was paid.
In southernmost
Tawi-Tawi, unliquidated cash advances totaled P2.3 million. And Marawi
City granted cash advances even before previous releases were settled.
Unliquidated cash advances in Zamboanga Sibugay climbed to P34.4
million.
Surigao del Norte
accumulated P43.8 million worth of IOUs because previous bills were
not settled. Cotabato City’s bill stood at P31.8 million.
“A small debt produces
a debtor,” the Roman author Publius Syrus once noted. “A large debt
creates an enemy.”
How big are the IOUs
of local government officials? The latest COA does not provide sum
totals. You can, however, guess the bill by looking at the number of
LGUs.
As of today, there are
43,356 cities, provinces, towns and barangays. Can we say: Each one,
without exception, has unsettled bills with with Juan Q. Taxpayer?
“We have to resolve
this issue”, Rep. Romulo said. HB 2009 would amend Article 217 of the
Revised Penal Code. It would thereby stiffen the curbs that
Presidential Decree 1445 already imposes on cash advances. How?
First, it’d make
refusal or failure of a public officer or employee, to settle cash
advances, prima facie proof of malversation or misappropriation of the
fund received.
Second, the Bill would
clamp on tougher penal clauses. Persons who dodge settling cash
advances “shall suffer the penalty of perpetual special
disqualification”. He may not get a government job. Nor can he run for
public office.
Third, there would be
a jail term too. ”Depending on the amount involved, the penalty of
imprisonment ranges from prision correcional to reclusion
perpetua.
Fourth, there will be
stiffer fines too. Official found guilty must cough up a sum “equal to
the amount of the funds malversed or equal to the total value of the
property embezzled.
Capacity of LGUs,
however, is sapped by its failure to collect what should be its main
financial prop, namely real estate taxes.
Flabby collection by
LGUs has now ballooned unpaid real estate taxes to P1.29 billion, says
the Commission of Audit.
An analysis of audits
conducted on 81 provinces, cities and towns, reveals “failure of LGUs
to intensify collection efforts,” notes
COA in it’s latest financial report on provinces, cities,
municipalities and barangays (Vol III).
Local officials shrink
from clobbering real estate tax deadbeats. Often, these belong to
political elites. Yet, administration of judicial sanctions are
available.
High time LGUs
revise obsolete assessments on land. The treasurer’s list of
delinquent taxpayers should be published. More important “enforce
remedies” to collect overdue levies.
Selling charity today
By Fr. ROY
CIMAGALA, roycimagala@gmail.com
December
15, 2011
SELLING charity today
is like selling rotten fish. You would have more success selling it to
a wall. Charity has become a total outcast, hardly known, ignored if
not ridiculed by many who are driven only by their so-called sense of
justice.
This actually has
always been our universal human problem. The root cause is that we
pursue justice outside of charity. We make it subject only to our
feelings and passions. Or to purely human criteria and laws that
cannot go far from the eye-for-an-eye law of Talion, and the
tit-for-tat logic of our wiles.
It’s a justice that is
mired in legalism, very prone to manipulations, to knee-jerk
reactions, to the mob rule dynamics, that cannot free itself from the
motive of vindictiveness, and the temptation to gloat over the
misfortunes of others, to insult and do all sorts of below-the-belt
actuations.
Without charity, it’s
a justice that is not an organic extension of divine justice, but its
caricature. It covers only a biased part of the over-all picture of
true justice, and its main if not sole purpose is to punish and demand
restitution, rather than to heal the offender, the sinner.
It considers only the
externals, and hardly the inner drama in men’s hearts. Its judgments
are therefore based mainly on appearances and impressions. Those who
dispense it tend to get hasty and rash in their decisions, often
abusing the discretionary part of law.
If possible, what
injustice damaged, wounded and killed, justice should repair, heal and
resurrect to life. If possible, justice should go against the law of
nature, of biology and physics, etc., if only to recover what was
lost. It finds it hard to move on without satisfying its lust for
revenge.
We have to understand
that without charity, justice can go unhinged, and can simply follow
the madness of a heart deprived of God who is precisely love, charity.
We have to understand that justice is never enough when we deal with
people, especially those who may have offended us.
Without charity, our
justice can only spring and strengthen our self-righteousness, or that
of the world, in its different forms. It’s a justice that cannot
understand the workings of grace, the value of the cross, the need for
forgiveness and the transcendent providence of God.
Still, no matter how
hard it is to sell charity today, we just have to make an act of faith
and hope that one day, people will realize we need charity, the
charity of God and not just our own version, when we pursue the cause
of justice. We just have to run the gauntlet.
Nowadays, the Church,
that is, the bishops and priests, gets accused for not doing enough of
justice. Some contributors of public opinion claim that the Church
gets quiet when one of its own gets involved in some crime, or when it
does not make any clear pronouncements on the volatile political
issues wracking the nation today.
Aside from mistaking
the Church to be composed only of bishops and priests (the Church is
hierarchy-clergy-and the laity and consecrated religious men and women
all together), they want the Church to follow their kind of earthly
justice. They want the Church to shame the suspect or the culprit, for
example. They cry for blood.
Perhaps, it’s partly
the fault of our Church leaders for not providing concrete Christian
guidelines on how to resolve problems and issues when they erupt. They
should do this as promptly and as clearly and strongly as prudently
possible.
But the truth is all
of us, clergy or lay, if we are to be genuine Christians and living
members of the Church, should practice justice always within the
sphere of the charity of God, revealed and lived by Christ.
Certainly, there are
loopholes in how cases of criminal offenses within the Church human
structure may be handled, or there can be cases of clerics
overstepping their competence and are falling already into partisan
politics, etc.
These should be
repaired and corrected. But these are not excuses for the Church to
pursue justice without charity, just like what these Church accusers
want it to do. These accusers are making themselves the final
authority of what justice is and how it should be lived.
Granted, to preach
about justice within charity may be hard, but definitely it’s not
impossible. If we just learn how to be humble, if all of us just try
to assume the mind and heart of Christ, as we Christians ought to do,
then the ideal can be made real!
Christmas is Christ
with us
By Fr. ROY CIMAGALA, roycimagala@gmail.com
December
14, 2011
JUST in case we
forget, Christmas is about Christ born to us. The reminder has become
necessary because proofs of the disfiguring of Christmas are
increasing.
No less than the Pope
reminded us not to be dazzled by the shopping lights of the season but
to keep focused on the coming of Jesus Christ, the “true light of the
world.”
In a town in the US, a
controversy erupted because a group put street signs saying, “Keep
Christ in Christmas.” Obviously when messages like that have to be put
up in public, there must be something quite wrong in that place.
This was verified when
another group precisely kicked up a fuss about it citing legal
provisions. Instead, the group wanted their own banner to be hung in
the streets, saying: “At this season of the Winter Solstice, may
reason prevail. There are no gods, no devils, no angels, no heaven or
hell. There is only our natural world. Religion is but myth and
superstition that hardens hearts and enslaves minds.”
Ah, ok. No problem. We
have freedom of expression and of consciences. If atheists want their
messages publicized, that’s just fine. But let’s not deny believers
their right also to show their faith in public, as long as public
order is observed.
The legal basis of the
group’s complaint is that the “Keep Christ in Christmas” signs were
put on public property, which turned out to be false, since they were
on private property. But that legal basis raises the questions like,
should public property then be devoid of religious signs? Would
religious signs already create public disorder?
I’ll leave the people
concerned and their public authorities to resolve that issue, but I,
frankly, just find the reasons behind the ban of religious signs on
public property funny. To me, it’s taking the principle of
Church-state separation to its ridiculous conclusions.
Truth is, for
Christian believers, we need God, we need Christ, who is the second
person of the Blessed Trinity, the Son of God who became man, to save
us, to complete our creation, to give us a way to attain the fullness
and perfection of our human dignity.
God is our creator.
We, and the universe around us, just did not come to exist on our own,
quite spontaneously out of nothing, since from nothing, nothing comes.
We are not our own creator.
In our case, since we
are creatures of reason and will, our creation by God has to be
corresponded to with our reason and will also. Paraphrasing St.
Augustine, we can say that if God created us without us, he cannot
complete that creation without us. We need to correspond to God’s
creation of us. We need to cooperate and bring it to its completion.
In other words, our
creation by God is still a work in progress. And our life here on
earth is precisely where that “progress” has to take place, where the
lifelong drama of our correspondence or non-correspondence to God’s
work becomes the ultimate purpose of our life.
This is a truth of
faith that is actually meant for everyone, but especially more for
believers than for non-believers. For the latter, we need a different
tack that uses reason and philosophy more than faith and theology.
This piece is addressed more to believers.
We need to be reminded
that as Christian believers, we need to be ‘alter Christus,’ if not
‘ipse Christus,’ another Christ if not Christ himself. That’s because
Christ is the very pattern of our humanity. We cannot live properly
without him. Remember Christ saying, “I am the truth, the way, and the
life…”
We become another
Christ through God’s grace, but also through our cooperation, when we
let our mind and heart, our intelligence and will to get engaged with
Christ in the spirit.
In short, we need to
assume the mind of Christ, following what
St. Paul
said that “we have the mind of Christ.” (1 Cor 2,16) We need to train
ourselves for this ideal, realizing that our thoughts should not just
be our thoughts, but also those of Christ. The same with our will, our
desires, our plans, etc.
Our life is always a
shared life with Christ. It’s a reflective life driven by reason and
faith, and not just a life animated by the senses and reason alone.
For this, we need
humility, otherwise we won’t allow faith to guide our reason. We need
to study, develop virtues, so that Christ becomes alive in us, and
true Christmas becomes a reality!
Inability to protect
has created a 'parallel system'
A Statement by the
Asian Human Rights Commission on the Occasion of the International
Human Rights Day
December 10, 2011
The Asian Human Rights
Commission (AHRC) today published its 25-page report containing its
analyses on what it has observed as the irreparable 'social and
systemic impact' of the ongoing violations of human rights in the
country. The government remains incapable of providing the most
rudimentary forms of protection to its people despite the growing
intolerance of the public towards human rights violations. On the
other hand the improvements in the legal framework to protect rights,
has created the situation where despite the laws being in place to
protect the citizens they resort to an emerging 'parallel system' from
which they now seek remedies and redress.
The full report is
available for download at
http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-009-2011/view.
The ongoing phenomenon
of extrajudicial killings and enforced disappearances, with the
government admitting to the poor record of convictions, raises a
serious question as to whether the country's justice system is capable
of ensuring the protection of rights. While there remains the shared
perception in the notion of justice and democratic space victims are
rapidly losing confidence in the institutions of justice. They no long
see the importance of registering complaints.
For the possibility of
a remedy to be obtained, 'complainants' and their 'complaints' are two
indispensable elements in order that the process of seeking justice,
remedies and redress could take its course. However, due to the
government's failure to, for example, ensure those responsible for
killings and disappearance are held to account, the importance of
investigations, prosecution and the adjudication of cases in court,
has been severely questioned by victims and their families in recent
times.
Here, police
investigations, because of its flaws, themselves becomes the obstacle
in seeking possibilities of remedies and redress; the prosecution,
because of its apparent vulnerability to political control and public
pressure, becomes a political tool rather than a method of pursuing
the violations of victims' rights; and the court, because of its
failure to ensure cases are resolved promptly, has become complicit in
the deprivation of the possibilities of remedies.
As a result, when the
complainants file their complaints they do so without the expectation
that it will result in to something. This increasing absence of
confidence in the system of justice: the police, the prosecutors and
the courts, has resulted in victims resorting to a 'parallel system'.
Here, the report observes the phenomenon of 'remedy by publicity'.
By way of remedy by
publicity, possibilities of remedies or redress are there depending on
how the victims or their families apply pressure to influence public
opinion for the government to take action in their favour. Witnesses
or complainants at risk now prefer to expose their risk to
journalists, rather than to the police for them to investigate and to
provide protection; torture victims who are illegally detained,
tortured and falsely charged would rather employ public pressure for
their release than legal action.
In some parts of the
country, particularly in conflict areas such as Mindanao, the military
has virtually assumed civilian police powers and these go
unchallenged. In these areas, the notion of civilian policing,
civilian power above the military and due process hardly operates
because of the military's complete disregard to due process and
legality. This practice has since become commonplace to the point
where it obscures what is legal and what is illegal. Also, the
military establishment has been intruding into the civilian's way of
life unchallenged, on the pretext of terrorism and insurgency.
It explains the
practice of soldiers inspecting people before they board public buses,
in entering commercial establishments and conducting operations, not
in conflict areas, but in the urban areas heavily populated by
civilians. However, the tolerance, by way of agreement and
memorandums, by local elected officials, has justified the ongoing
intrusion of the military establishment into the people's civilian
life.
Thus, this practice
has also obscured who are the police and not the police. The military
establishment, by the day, has obtained a certain legal or a de facto
legitimacy in their practice of routinely arresting, detaining,
torturing and investigating persons under duress, with complete
disregard to rules of criminal procedures. The courts tolerance of
their practice has also cemented the military's authority and control
over, not only of the police, but also in ordinary way of life of the
Filipinos.
The AHRC has observed
this is probably because; firstly, this practice has become heavily
embedded as a social norm--meaning, there is nothing new in it. Also
the widespread arbitrariness and disregard to elementary due process
and legality that protects the rights is lacking if not completely
absent. There must be a substantive discourse on the irreparable
impact of how the flawed country's system of justice operates to this
day.
The AHRC therefore
urges a discourse on the protection of rights by examining how the
country's system of justice actually functions when compared to how it
should function. The discussion should be more than a mere description
of the violations but rather raise questions as to why these
violations are taking place.
The full report is
available for download at
http://www.humanrights.asia/resources/hrreport/2011/AHRC-SPR-009-2011/view.
What a Difference
Years Make!
By DANIEL ESCUREL OCCENO, danielocceno@ymail.com
December
9, 2011
I was able to visit
Metro Manila. There are no automobile dealerships in the small town of Gubat, Sorsogon Province so we had to go to Metro Manila and it was
pretty costly getting the Toyota Revo serviced by the dealership
supposedly to be serviced once a year with a local mechanic beforehand
and we needed a place to stay for the two days with a two day drive
there and back; but my mother decided to live a little so we stayed at
a nice hotel instead of roughing it.
I almost did not want
to go because I was involved with NaNoWriMo 2011; the “National Novel
Writing Month is an annual internet-based creative writing project
which challenges participants to write 50,000 words of a new novel
between November 1 and November 30.” – Wikipedia, the free
encyclopedia on the Internet.
The trip meant four
days of the 30 days during November while not writing on my novel
entered with the NaNoWriMo writing contest because I did not own a
tablet personal computer with a “word processor” software that I could
have brought with me to write even while riding at the front passenger
seat of the “Revo” during daylight.
I realize NaNoWriMo is
a personal challenged to write a novel in 30 days with no prize money
involved just personal satisfaction of writing a completed novel in 30
days and it might take me another ten years to publish a novel and get
paid for it, but it was the principle.
My father needed
wheelchair access so it was mandatory for me to accompany my parents.
I felt like one of the police officers on the old “Ironside” TV show
(1967-1975) wheeling around my father at the hotel, just to eat at the
breakfast buffet restaurant inside the establishment.
My mother hired a
driver that knew the “South Road” and the Metro Manila area, since I
could not drive the 14-hour one-way drive to Quezon City and I could
not drive the “Revo” to the Cubao commercial shopping area for the
yearly service at the dealership and I could not drive the 14-hour
one-way drive back to Gubat.
We stayed at The Sulo
Riviera, a landmark hotel, in
Quezon City
to make the trip a somewhat costly vacation for my elderly parents in
their mid seventies just to have a personal automobile serviced by a
dealership. The last service was on June 2006 and (this time) I was
very impressed with The Sulo Riviera Hotel make-over.
The last time I
witnessed in person, not just on TV news events, the progress of the
Metro Manila area was on December 2008 when my father celebrated his
Golden Anniversary from graduating from
Medical School at
University of Santo Tomas.
Back then, I went
around saying that other than Makati City, the Manila area and Quezon
City looked dirty or old buildings needed paint or the entire area
needed renovation; but it was not poverty and it certainly was not
world hunger.
What a difference years make!
The new TOLL highways
and the new retail outlets to attract domestic tourism are comparable
to any major city of First World countries. It will attract tourism
throughout the world and more businesses will develop because of the
ambiance so I am so happy for my birth country. The Philippines has
ended its poverty.
The capable of success
Filipino kids want the small midsize four-door luxury automobiles
instead of motorcycles. Last time, the streets were scattered with
motorcycles. This time, I probably saw two or three motorcycles
zipping by during the various times while we drove around. There were
hardly any motorcycles parked on the side streets.
Because of tourism and
retail and entrepreneurship, the young upwardly mobile are finding
success early instead of waiting for middle-age to work overseas for
success.
I was really impressed
with the new toll roads and the renovation of the business buildings
and the construction of new retail outlets of mega stores.
Yes, there is
congestion but city planning has organized the congestion and it did
not appear to be a free-for-all of every which way was the right away.
Luxury small four-door
midsize automobiles dominated the streets compared to the SUVs of
gas-guzzlers of before. I did not think the capable of success wanted
the two-door subcompacts promoted for preventing Climate Change, but
the midsize designed for families is a step in the right direction.
The luxury small
four-door midsize automobiles were what I wanted to manufacture in the
Philippines if I had success in America after college and I could
afford to buy General Motors to bring a manufacturing plant to Subic
Bay, Post Cold War industrial zone, after the Berlin Wall fell. I
knew; it was providence to eventually convert the American military
bases to commercial properties.
I ruined my college
education so not all dreams happen. I have a new dream; I would rather
write fictional novels. I can make up the success with words; however,
it might take years for reality to catch up, life imitating art.
My desires to be a
Filipino-American billionaire saving the Philippines from poverty have
fizzled so you Filipino kids capable of success should start an
automobile company in the Philippines similar to General Motors,
manufacturing luxury small four-door midsize “electric” automobiles or
ethanol blend from sugar cane or soy bean diesel motors, which can run
on current diesel engines using 100% soy bean diesel, especially for
delivery trucks and passenger “jeepneys” and commercial bus services
and the rail transits and power plants.
With the change over
from SUV gas-guzzlers to luxury small four-door midsize automobiles, I
can see sustainable growth for the next ten years with tourism and
retail in the Philippine Islands, but eventually the fear of gasoline
shortages and the need for alternative energy would be a thunderstorm
cloud waiting to happen someday, named Climate Change caused by Global
Warming from the fossil fuel discharge of waste gases.
The poverty is
definitely over. We have high unemployment. More job creations are
needed to prevent new poverty in the future, for without jobs an
educated society will only go backwards.
I am often criticized
that I promote the retail industry with the low wages in my quest to
end the poverty in the Philippines with my freelance writing of
articles, but I will again point out that retail products have to be
manufactured or grown, creating more jobs, so I hope small
manufacturing are flourishing in the Philippine Islands and local
farmers are making a living, not to mention those that deliver the
products or those that warehouse the produce.
I noticed several new
high-rise buildings but with the growing need for automobiles the
parking lot problem will be inevitable at locations of limited space.
I thought; I saw one building having a first floor indoor parking or
open sides for ventilation.
Solid cement molded
old buildings could always be renovated with the first floor for
parking and with escalators to the next level because of possible
power blackouts, but carrying packages might be a burden without
elevators powered by electricity.
I know; some of you
Metro Manila residence want my opinion on how I feel about the toll
highways for building new roads and maintaining better highways
because personal transportation vehicles are needed to expand beyond
living at metropolises.
I would prefer non-tax
revenue for government responsibilities in taking care of the people
in society.
Like what?
How about nationwide
legal “jueteng” and nationwide legal “mahjong” for non-tax revenue to
repair roads and to maintain highways, especially in the Bicol Region?
The potholes were vicious after the suggested yearly service from the
Toyota dealership at Cubao on the 14-hour drive back at night.
There is no doubt
in my mind; the Republic of the Philippines has ended its poverty.
Running amok
By Fr. ROY
CIMAGALA, roycimagala@gmail.com
November
26, 2011
WHEN things are not
inspired by charity, when we fail to keep a supernatural outlook in
life, when we just depend on our reasoning and feelings, then most
likely we end up running amok, killing everyone we meet.
This cruelty can
easily be seen when political issues and controversies erupt. They
erupt in the first place because many people think politics is outside
the domain of charity, faith and religion.
The underlying
mentality is that prayer and sacrifice have nothing to do with
politics. One would be accused of living in a different planet if they
behave along lines of charity and religion. He would not be “getting
real.”
This attitude has been
demonizing us for quite some time now that I’m afraid it has become
part of our culture. Proof to that is the openness with which this
inhumanity is expressed in public, and hardly anyone complains. On the
contrary, a great majority applauds it.
I thought, for
example, that gossiping and backbiting are done in whispers, quite
hidden in some corner and in small groups. No, it’s not like that
anymore. Gossips, backbiting, all sorts of impertinent ad hominems can
now be broadcast on radio, TV and the Internet, with many people
stoking them to their maximum viciousness.
What is worse – and I
hope I’m wrong – is that they think they are doing the right thing,
that their reaction is what is just and fair. They have lost the sense
of balance, and charity is, of course, regarded as an outcast in the
discussion.
In this kind of
discussion, the targets are painted all in black. They do not seem to
have any saving grace. They seem to be beyond redemption.
This does not bode
well of us as a people. We will be hooked to divisiveness and to a
spiral of vindictiveness if we exclude charity and the finer
requirements of religion in our political discussions.
Let’s remember that
our Lord himself told us to love even our enemies. He himself forgave
those who crucified him. To the repentant thief, he also promised the
Paradise. He told us to forgive not only seven times, but seventy
times seven. He asked us to be merciful, because our heavenly Father
is merciful.
We need to consider
these words as the perfection of our humanity, a way to purify and
heal us of our spiritual and moral wounds. They serve none other than
to reconcile us with God and with one another. These commands and
counsels are not optional. They are necessary.
The truth is that we
are all sinners. “If we say that we have no sin, we deceive ourselves,
and the truth is not in us.” (1 Jn 1,8) We need to understand each
other, and forgive each other. No use getting entangled with our sins,
mistakes and failures. We just have to move on, doing all to make that
possible as soon as we can.
I was both amused and
bothered when I heard a radio commentator say that since justice is
supposed to be equal, then everyone has to be treated in the same way
whether the one involved is a high official or just an ordinary Juan.
In the first place,
equality in justice is never to be interpreted as uniformity in
treatment. This is commonsensical. Even in our family life, parents
love their children equally but treat them differently, simply because
the children are different from one another.
Wherever we go we try
to be fair with everyone, but we always treat everyone differently,
because people are just different. We don’t make a big fuss about
this, unless there is clear injustice.
I froze in disbelief
when the commentator said that if a public official who happens to be
sick already has been arrested, he should go to prison with all the
other criminals who had to bear with all the inconveniences of prison
life, like hard labor and exposure to sickness because that is simply
a prisoner’s plight.
That, he said, is
equal justice. There should be no privileges like a hospital arrest.
Then he launched into personal attacks on the public official
involved, taking jibes at the physical defects of the person. All this
at prime time and in a major media outfit. Unbelievable!
He forgot that
everyone has a right to protect oneself, his name, his dignity. If
many prisoners are treated inhumanly, it’s not because of some
discrimination. It’s because of the imperfections of our human justice
and legal system.
Again, if there is
no charity, our justice can run amok.