Police torture video affirms police 
          stations are 'torture chambers'
          
          
          A Statement by the 
          Asian Human Rights Commission
          August 19, 2010
          
          On August 17, a 
          national television ABS CBN broadcast the graphic video of a man being 
          tortured by a policeman inside a police station in Tondo, Metro 
          Manila. In the video, the torture victim, whom reports said had been 
          arrested for theft, had his penis pulled by a string tied around it as 
          he was lying on the floor naked. He was beaten every time he folded 
          his body as he tried to reach his genitals in pain. The torture took 
          place in front of several policemen who are also attached to the same 
          police station. 
          
          It was the brave act 
          of the informant, whose identity was kept confidential, that made this 
          video widely known to the public possible. It exposed the state of 
          policing in the Philippines. The video is perhaps shocking for others 
          but what is more shocking is that it is by no means the only one of 
          this type. It is however, the first such video to be made public. As 
          the informant had told the television reporter: these incidents 
          increase if there is an increase in robbery incidents (in the 
          community); and the (police) make sure nobody sees it. It explains the 
          wrong attitude of the police on 'crime prevention'. 
          
          In this video, the 
          policeman who tortured the victim, Senior Inspector Joselito Binayug, 
          is not an ordinary officer. He is the chief of the said police 
          station; and his subordinates were watching him as he was torturing 
          the victim. When he told the victim: "dito bawal ang snatcher 
          (snatchers are prohibited here) ", he was telling him that anyone who 
          commits crimes in his area of responsibility would suffer the same 
          fate. That is what Sr. Insp. Binayug and his subordinates, who did 
          nothing to stop him from torturing the victim, understand of 
          investigation and policing in reality.
          
          To instil fear by 
          demonstrating unthinkable pain and humiliation them remains, for them, 
          the practical and cost-efficient method of investigation. The police 
          took offence at suspected criminals who commit crimes and get away 
          unpunished in their area that is why they deal with them in this 
          manner once they catch them. This is not an isolated case, contrary to 
          what the police establishment would want to tell the public in their 
          defence. This is rather an unwritten policy that is heavily embedded 
          and well-practiced in the minds of the police in investigating and 
          preventing crimes. 
          
          When Police Director 
          Leocadio Santiago, of the National Capital Region Police Office (NCRPO), 
          made comments on the torture video, he said: "I've gone through 
          physical interrogation before. I've conducted it but not to the extent 
          that it would be sadistic, there are boundaries and parameters". His 
          comments had no pretence at all that the policemen, including him, do 
          harm their arrestees; and that this practice is acceptable to a 
          certain extent only the police would know. The notion of the absolute 
          prohibition of torture does exist not in their minds. This type of 
          mentality is deeply embedded and shared largely by the police and the 
          military. 
          
          While this video is 
          now widely known many of these incidents go unreported. The majority 
          of the Filipino people's reaction was disbelief, some would say: "this 
          can't be", also illustrates their denial and difficulty of coming to 
          terms as to how cruel their policemen could become. In a largely 
          religious country, there is supposedly a certain level of behaviour 
          and morals of people in civilized society; however, this incident 
          shatters the people's conservative thought. Only when the people come 
          to terms with this and try to understand the fundamental reasons 
          behind it will the discussion on police torture in the country be 
          substantial. There must be an acceptance first that in the country's 
          supposed civilized society this has s ince been happening. The 
          Filipinos and the outside world have seen how cruel and barbaric the 
          policemen could become. 
          
          This case is neither 
          indiscriminate nor isolated, but rather targeted and systematic 
          practice as methods of investigation and crime prevention by the law 
          enforcement agencies and the security forces. The Asian Human Rights 
          Commission (AHRC) has documented numerous cases of torture that took 
          place inside police station and military camps. This incident also 
          illustrates that torture is also used against ordinary people, not 
          necessarily for political reasons, who often had no connections and 
          influence in the society. They are people whom the police and the 
          military would thought either incapable of or would not challenge 
          their authority. 
          
          The AHRC further urges 
          the concerned government agencies, in particular the Commission on 
          Human Rights (CHR) and the Department of Justice (DoJ), to determine 
          the plight of the torture victim in the video, in addition to having 
          the policemen involved investigated. The investigation, as required by 
          the Anti-Torture Act of 2009, must also be completed immediately. The 
          CHR and the DoJ should also ensure that the informant should be 
          afforded with necessary protection should he decide to stand as 
          witness in the investigation and prosecution of the case. However, 
          regardless of whether the victim wishes to testify, there is 
          sufficient evidence in the video to charge and convict the police 
          officers involved. 
          
           
          
           
          
           
          
           
          
          
          RA 9700 – CARPER Law – 
          now one year old
          
          
           By CHITO DELA TORRE
By CHITO DELA TORRE
August 
          15, 2010
          
          One year has passed 
          since the August 7, 2009 signing into law of Republic Act No. 9700 – CARP 
          Extension with Reforms, or the CARPER Law, the legislation that 
          extends the implementation period of the government’s Comprehensive 
          Agrarian Reform Law (CARL, per RA 6657), for another five years, until 
          year 2014.  RA 9700 was signed in Plaridel, Bulacan, by outgoing 
          President Gloria Macapagal Arroyo whose constitutional term ended on
          June 30, 2010 noon 
          time.
          
          During the past one 
          year of RA 9700, only a few administrative orders had been drawn up to 
          tailor the newly defined steps and activities in strictly implementing 
          the extender law.  Unlike in RA 6657, the extender law has entailed 
          the tailor-fitting of a lengthy implementing rules and regulations (IRR), 
          and the detailed accounting of agrarian reform beneficiaries who had 
          supposedly received land titles from the Department of Agrarian 
          Reform.  Those titles are known as certificates of land ownership 
          award  (CLOAs),  issued to individuals as evidence that they have 
          ascended to the level of landowners with the right to exercise all the 
          rights and duties  appurtenant to land ownership.
          
          With the election of a 
          new President of the Republic of the Philippines, in the person of 
          former Senator Benigno Simeon Cojuangco Aquino 
          III – whose astounding popularity, which his person gained from 
          the time he was wooed to run for President until his proclamation as 
          duly elected President, earned for him the monicker title “P-Noy”, for 
          President Noynoy, Noynoy being his pet name in the Aquino family and 
          circles of friends and relatives – new hopes have been attached to the 
          changing of the agrarian landscape.  A few minutes after his first 
          state of the nation address (SONA) at past 12 high noon of 
          June 30, 2010, a few 
          government policy watchers and political analysts had noticed that 
          PNoy (I prefer to ascribe that calling to P-Noy) did not mention 
          agrarian reform or the Hacienda Luisita in his speech.  The Hacienda, 
          more than one month later, would become a scene of a referendum where 
          more than 6,000 of its workers gave a 90 per cent high vote to express 
          their preference for a stock distribution option (SDO) than to opt for 
          ownership of part of the vast hacienda lands in Tarlac, Tarlac.  PNoy 
          was just consistent, it seemed:  He didn’t dwell on the CARP in his 
          SONA, and neither did he dip his fingers into the Hacienda case since 
          Day 1 of his presidency.  PNoy was right. An hour after the referendum 
          results were known, plans were up to bring the compromise voting 
          exercise to the Supreme Court, for a final resolution of the issue, 
          whether it was legal.  But PNoy’s non-mention of CARP didn’t mean he 
          was abdicating the agrarian program.  By July 1, it was already known 
          nationwide that this bachelor national leader who has a mind of his 
          own had appointed attorney Virgilio Delos Reyes as Secretary of the 
          Department of Agrarian Reform.  Before that, he had to make sure that 
          the people who elected him – his masters – appreciated well that he 
          was seriously for the successful implementation of the agrarian 
          program, and the CARPER LAW, thus he took in a former Agrarian 
          Secretary, Florencio “Butch” Abad, as his Budget Secretary, to ensure 
          that the right cash budget for the agrarian program is always there so 
          that finally the program can be completely accomplished, as desired.  
          And long before he was a congressman, Noynoy already must have 
          understood fully well how the agrarian reform in this country should 
          work:  He was born to a family whose vast hacienda was an agrarian 
          matter even before his birth, and he was beside his mother when 
          President Corazon Cojuangco Aquino penned the first Comprehensive 
          Agrarian Reform Program – Proclamation No. 131, the precursor of RA 
          6657, the first and only Executive fiat that expanded the coverage of 
          agrarian reform, to include even the limited rice and corn lands of 
          President Ferdinand Edralin Marcos.    RA 6657 was to be correctly 
          referred to as CARL, for Comprehensive Agrarian Reform Law Do you 
          remember all these?  On July 22, 1987, Pres. Cory Aquino signed into 
          law her Proclamation No. 131 (Instituting A Comprehensive Agrarian 
          Reform Program) “which shall cover, regardless of tenurial arrangement 
          and commodity produced, all public and private agricultural lands as 
          provided in the Constitution, including whenever applicable in 
          accordance with law, other lands of the public domain suitable to 
          agriculture” (Section 1, Proc. 131).  A companion measure, Executive 
          Order No. 229, also signed by Pres. Cory on July 22, 1987, to provide 
          the mechanisms for CARP’s implementation, said in Sec. 2 thereof:  
          “Implementation.  Land acquisition and distribution shall be 
          implemented as provided in this Order as to all kinds of lands under 
          the coverage of the program, subject to such priorities and reasonable 
          retention limits as the Congress may under the Constitution prescribe, 
          taking into account ecological, developmental, or equity 
          considerations, and subject to the payment of just compensation”.
          
          RA 9700 prescribes 
          time lines for particular land acquisition and distribution 
          activities.  In observing these time periods, the DAR had perforce to 
          define specific steps and formulate specific procedures, with 
          carefully studied forms to be used in the implementation of the 
          extended program.  That has taken most of the months, weeks, and days 
          of the DAR personnel during the first year of the extender law.
          
          October 15and October 
          21 in year 2009 became significant dates.  On Oct. 15, then DAR Sec. 
          Nasser C. Pangandaman penned three DAR Administrative Orders (AOs) – 
          02, 03 and 04 – and six days later, these Orders were published in 
          national newspapers of general circulation. AO 02 is a 95-page 
          document on the “Rules and Procedures Governing the Acquisition and 
          Distribution of Agricultural Lands Under Republic Act (R.A.) No. 6657, 
          as amended by R.A. No. 9700”.  It also presents in tabular form the 
          series of steps and activities to be undertaken, as well as the forms 
          and documents required.  AO 02 was accompanied eight months later by a 
          2-page Memorandum Circular No. 06 which establishes “clarificatory 
          guidelines on the transitory provisions” of AO 02.  AO 03 - “Rules and 
          Procedures Governing the Cancellation of Registered Certificates of 
          Land Ownership Awards (CLOAs), Emancipation Patents (EPs), and Other 
          Titles Issued Under Any Agrarian Reform Program” – consists of 11 
          pages.  Four-page AO 04 prescribes “Rules and Regulations implementing 
          Section 19 of R.A. No. 9700 (Jurisdiction on and Referral of Agrarian 
          Dispute”.
          
          On Oct. 28, the 
          24-page AO No. 05, series of 2009, was signed by Sec. Pangandaman, and 
          on November 3, it was published in two newspapers.  The Order defines 
          the “Implementing Rules and Regulations on Support Services Delivery 
          Under Republic Act No. 9700”. 
          
          The Presidential 
          Agrarian Reform Committee (PARC) Executive Committee (ExeCom) also 
          issued last year AO No. 01 to cover the “procedures and data 
          requirement in the declaration of certain provinces as ‘priority land 
          reform areas’ which will enable them to: (1) advance to the 
          acquisition and distribution of landholdings enumerated under the next 
          phase of implementation or (2) advance to the acquisition and 
          distribution of landholdings covered under phase 3-b implementation 
          based on the conditions cited under paragraph 9, section 5 of RA 
          9700”.   [The PARC was given birth in Pres. Cory’s Proc. 131 “to 
          coordinate the implementation of the CARP and to ensure the timely and 
          effective delivery of the necessary support services”, with the 
          President of the Philippines as Chairman.  As such it formulates 
          and/or implements the policies, rules and regulations necessary” – 
          like the schedule of acquisition and redistribution of specific 
          agrarian reform areas, and control mechanisms for evaluating the 
          owner’s declaration of current fair market value.  On the other hand, 
          the ExeCom of the PARC, also created by Proc. 131, is headed by the 
          DAR Secretary as Chairman and the heads of the following agencies as 
          members: Executive Secretary; departments of Agriculture, Environment 
          and Natural Resources, Finance, Public Works and Highways; and Land 
          Bank of the Philippines.  The PARC has been built into the RA 6657 and 
          respected in RA 9700.]
           
          
           
          
           
          
           
          
          
          Climate justice and 
          human rights
          
          
           By BASIL FERNANDO, Asian Human Rights Commission
By BASIL FERNANDO, Asian Human Rights Commission
          August 
          10, 2010
          
          There are times when 
          children are wiser than the adults. We live in such a time. Today's 
          children know more about the problems of climate as a man-made 
          problem. They worry about it, talk about it and feel sad about it. 
          They are wiser than the earlier generations. They are learning the 
          folly of those ideas of progress, of development for which nature was 
          sacrificed. They are beginning to see the way man became the enemy of 
          the environment and is destroying the very climate that sustains human 
          life. 
          
          We have some hope, 
          because our children have begun to reject the inherently unjust 
          notions about development that was called history. We are at a turning 
          point of generational change. Perhaps the young of today, who will 
          play their roles in not so distant future, may have the courage to 
          decisively change the course of history by abandoning the notions of 
          progress that earlier generations blindly believed in. The ideology of 
          conquest as against cooperation, domination as against participation 
          will be looked with greater suspicion than ever before. The doubts 
          that the young have on all those aspects, including notions of gender 
          and sexuality are why we can look to the future with some hope. 
          
          
          It is time for older 
          generation to express its confession. Confessions when they are made 
          genuinely have a great power effect change. 
          
          
          Need to explain
          
          There are many things 
          about which older generations have to give explanations to the young. 
          We have to confess that due to our unquestioning attitudes we have 
          contributed many wrong concepts and ideas to be adopted as practices 
          and this has led to the loss of our flowers, the birds, the rivers, 
          the seas, clear skies, pure waters and everything that we treasure. 
          Above all this unquestioning attitude towards development has caused 
          the deaths of many millions. 
          
          This same 
          unquestioning attitudes have kept us passive when millions of people 
          were displaced in the name of development. Displacement meant death to 
          them in terms of their lives and in terms of their inner spirit. The 
          idea that the end justifies the means paralysed our minds so much that 
          we remained unmoved when such deaths take place on large scale. It is 
          this paralysis that we have to examine if we are to honestly talk 
          about the climate justice and human rights. 
          
          
          Killer disease
          
          In essence justice 
          means the absence of this paralysis. The capacity for justice within a 
          society exists only to the extent of people having the capacity to be 
          critical of themselves and their beliefs. Blind faith that leads to 
          blind obedience is the killer disease of humanity and we need to 
          understand more about this killer disease. Admiration for obedience is 
          being taught by all those who talk about stability. The economist is 
          taught to obediently follow the economic plans whatever be the 
          consequences to the population. The planners are taught to plan with 
          complete disregard to the human consequences of their actions. 
          
          
          The media is being 
          conditioned to not critically examine the society and the ideas which 
          are deified in particular time. The servile nature of the media to the 
          powers that be has been one of the major causes that have contributed 
          to the spread of this killer disease. 
          
          The creativity of the 
          artist, of the singer, of the dancer and the poet has been sacrificed 
          in the name of obedience to great ideas. The incapacity to question 
          those ideas has lead to the paralysis of the mind and the will and is 
          responsible for the climatic catastrophes we are facing today. 
          
          
          If we are losing the 
          Himalayas and the seas are threatening us, if nature in all its forms 
          is developing patterns of action that are altering its friendly course 
          it has followed for centuries, it is because human beings gave into 
          the false doctrines that nurtured in them the attitudes of obedience. 
          If we wish to save our climate we must seriously grieve out 
          emotionless obedience. 
          
          Human beings can 
          remain faithful to their nature only to the extent that they are 
          capable of grieving over the loss of things of on which they have had 
          their roots. Human attachment leads to an understanding of the 
          character of loss and in that process we should be able to grieve over 
          such loses. However, the capacity to grieve is linked to the capacity 
          to understand the overall processes of which human beings are just a 
          part. If in the name of development these natural processes are 
          destroyed then the price of that destruction has to paid with the 
          lives of human beings. 
          
          Our linkage to the 
          natural world has to be discovered through the examination of the very 
          forces that paralyses our creativity, our initiative, our response to 
          the natural world; our capacity to smell, to feel the forces of 
          nature, our capacity to understand nature. 
          
          
          Siri Aurobindo
          
          India was one of the 
          world's most creative nations said the great Indian thinker Siri 
          Aurobindo. He also said that this creativity dies sometime back in 
          history. He went on to explain how India became a dead civilisation. 
          He devoted the latter part of his life in trying to regenerate the 
          creativity of India. To us, in South Asia, who owe so much to our 
          roots in the Indian civilisation the previous creativity and its death 
          has had enormous impact. In the periods of India's creativity the 
          power of South Asia was nourished during the time of the death of the 
          Indian civilisation and this also affected the other neighbouring 
          nations and caused the paralysis of the minds and the souls and the 
          hearts of those civilisations. 
          
          Therefore, in trying 
          to understand the things that destroy us, some moments can be devoted 
          to understanding the death of the Indian civilisation. That, of 
          course, is too vast a subject. However, a few thoughts may be in 
          order. When the concept of the end justifying the means became part of 
          the Indian thinking that was the time when the death of the Indian 
          civilisation started in the same way that such moments caused the 
          death of other civilisations. 
          
          It is the Arthaśāstra, 
          the philosophy of Chānakya that has contributed a great deal to the 
          destruction of this great nation. When the rulers become indifferent 
          to the suffering of the masses, when even religious philosophies are 
          developed to divide the people , when the deepest dividing doctrines 
          such as caste develops within a civilization, there is no doubt that, 
          that civilisation is embracing a suicidal path. These suicidal ideas 
          which made rituals more important than reason and which thereby killed 
          the creativity of the mind and the spirit also created the deep 
          attitudes which made us indifferent to nature and as a result we have 
          had the catastrophes not only of civilisation but also of climate 
          today. 
          
          The adults of the 
          earlier generations should now have the capacity to grieve over the 
          contributions that they have made to these great losses by the 
          adherence to these doctrines and the blind obedience with which they 
          allowed their minds and souls to be paralysed. 
          
          The way to pave the 
          path for the new generations to find a cure for these losses lies in 
          the capacity of the older generation to look self critically at their 
          own past, their own guilt in the contributions they have made to such 
          losses. 
          
          A human being's 
          greatest capacity is to grow creative by a process of self 
          understanding and grieving. The path to creativity is this path, the 
          path of introspection, self criticism, the revival of our critical 
          minds and the revival of our emotions and creative capacities. 
          
          
          
          The climate justice
          
          The problem of the 
          climate is very much a problem about the people. It means the deaths 
          of large numbers of people, displacement, loss of cultures and 
          connections, loss of education and the loss of youth and the 
          possibilities of life for vast numbers of people. It is this human 
          tragedy that we talk about when we discuss the climate justice. The 
          loss of the flowers, the seas and the rivers have all taken away many 
          lives and also taken away what life means to those who survive. 
          Therefore the talk about climate problems is to talk about the very 
          fundamental problems of human existence in our times. We have to 
          recover the theme that human being matter. Unfortunately, the very 
          essence of all the development theories is that not all human beings 
          actually matter.
          
          The most neglected 
          sections are the victims of these climate changes who are among the 
          poorest. What happens to them is not recorded through our media. There 
          are no records of this throughout history. Their lives and the 
          memories are erased from our records. 
          
          The only real solution 
          to the problem of climate is to allow those who are affected by these 
          problems to be heard. Their voices must be heard, the faces must be 
          seen and their stories must become part of the common discourse of 
          humanity.
          
          Creating opportunities 
          for the voices of the victims of the destruction that is being caused 
          today to be heard is a primary obligation of the human rights 
          movements. Many human rights groups think that their primary duty is 
          to parrot out the UN conventions, constitutional provisions and other 
          declarations about rights. These documents can at best only provide 
          certain principles in dealing with this problem. The most primary 
          obligation in the implementation of any of these principles is to 
          create the possibility of participation of the victims of the 
          destruction that is caused by the development strategies to be the 
          spokesmen of their own cause. 
          
          These people speak of 
          their grievances privately but there is nobody to pick up their 
          stories so that their voices may be heard and brought to the public 
          discourse. All plans for development take place without listening to 
          the voices of these people and without giving them the opportunity to 
          be heard. Development plans are hatched and carried out in secrecy and 
          the people have time to talk only after the destruction has happened.
          
          
          To change that course 
          is possible only when opportunities are created for the people to 
          speak up. Today as the younger generation learns more about climate 
          related problems and as they become more preoccupied with these 
          problems their attention needs to be drawn to the fact that the 
          solutions lie in the hands of the victims themselves. Without allowing 
          victims to speak up, without bringing them to the public discourse, 
          without allowing the victims to confront the planners there will be no 
          stopping of the destruction that is taking place now. 
          
          Therefore the future 
          of the human rights movement should be to find ways for the people and 
          to get them to speak up about the problems that affect them. 
          Development discourse must begin from the bottom and consultation with 
          the bottom in a genuine sense must be made possible by the affected 
          people themselves being heard. 
          
          Vast change in 
          human thinking is needed if human survival is to be guaranteed. The 
          knowledge that the young people are acquiring about the climate is a 
          good beginning for such change. However, that knowledge alone cannot 
          resolve this problem. The solution lies in the affected people 
          becoming their own spokesman and the decision making of humanity is 
          changed and the process of genuine consultation between the ordinary 
          people and the planners becoming a possibility. 
          
           
          
           
          
           
          
           
          
          
          Bigotry or insanity?
          
          
           By Fr. ROY CIMAGALA, roycimagala@gmail.com
By Fr. ROY CIMAGALA, roycimagala@gmail.com
          August 
          10, 2010
          
          “…an insane person 
          thinks and reasons a lot, except that his logic is detached from 
          reality.”
          
          THE issue is not 
          immediately relevant to us, but though it is Californian or American, 
          it has treacherous global implications that can affect us sooner or 
          later. And so we just have to make some comments on it as it is 
          evolving at the moment.
          
          I am of the opinion 
          that we need to react now to avoid this complicated development to 
          reach our shores. We cannot deny that its dangerous seeds are already 
          sown in our society. It is part of the culture of death that the late 
          Pope John Paul warned us about.
          
          I’m referring to a 
          recent decision of an American judge to overturn the so-called 
          Proposition 8 that bans same-sex unions in 
          California. This proposition was put to a plebiscite before, and it 
          won.
          
          In fact, in all the 31 
          states where this issue was put to a vote, no state voted for “gay 
          marriage.” Every single one of them reaffirmed the true nature of 
          marriage.
          
          Now, a judge wants to 
          strike down the state law that defines marriage as between a man and a 
          woman. In a brazen act of judicial activism, he is redefining marriage 
          based on an ideological reasoning.
          
          In his argument, he 
          said that the “ability to marry” is a fundamental right that cannot be 
          denied to gays and lesbians. This is diametrically opposed to 
          historical evidence where societies have always made some restrictions 
          to this “ability to marry.”
          
          As in, one may not 
          marry your own sibling, nor marry several spouses at the same time, 
          etc. 
          
          There are many valid 
          reasons why marriage has to be regulated. Foremost among those should 
          be the obvious natural truth that marriage is meant for couples to 
          have children, and this can only happen between a man and a woman.
          
          The nature of marriage 
          does not depend on the subjective feelings and preferences of the 
          parties involved. It has an objective, absolute and universal basis.
          
          Of course, in real 
          life, this objective basis may not be fully appreciated by different 
          people in different cultures and circumstances. But there has always 
          been a consensus that it has to be between a man and a woman. Same-sex 
          unions have largely been seen as abnormal.
          
          Several pro-same-sex 
          union commentators were quick to declare that with this judge’s 
          ruling, bigotry has been smashed, obviously referring to the Christian 
          understanding of marriage.
          
          One noted that the 
          judge’s decision faulted Proposition 8 banning gay marriages for 
          violating the rule on due process and equal protection under law. I 
          consider these claims as alibis.
          
          For sure, everyone is 
          entitled to his opinion. I prefer to see the whole development not as 
          bigotry on the part of those who are not in favor of same-sex unions, 
          but as a step toward legal insanity.
          
          Insanity is never a 
          matter of a lack of reason. An insane person thinks and reasons a lot, 
          except that his logic is detached from reality. 
          
          And when a legal 
          system confines itself solely within reason, of the social type more 
          than the metaphysical, and fails to anchor itself on an ultimate 
          source of truth, as in faith and beliefs, then it is likely to lapse 
          into legal insanity.
          
          Its understanding of 
          due process and equal protection under the law, while formally 
          commendable, will suffer a basic infirmity that can easily be 
          manipulated by ideologues pursuing some private agenda.
          
          This has happened many 
          times in many places and in different episodes of history. We have to 
          be wary of these tendencies that come as a result when the moral and 
          spiritual foundations of a society weaken.
          
          We need to be 
          discerning of the dangerous trends our current world, especially 
          involving the more developed but decadent countries. We have to be 
          quick to read the signs of the times, and ready to wage a battle of 
          love and truth to correct emerging anomalies.
          
          An abominable danger 
          we should all be careful about is when our legal system makes itself 
          an absolute source of its own power, authority and wisdom. We become 
          the most pitiable creatures in the universe when we allow this 
          disorder to reign over us.
          
          When law and justice 
          have no deeper foundations than our own understanding of things, our 
          own preferences, our own historical, cultural and social 
          conditionings, with no recognition of a higher source of wisdom, then 
          we truly would be in profound trouble.
          
          This is legal 
          positivism, pure and simple, a very funny if most painful predicament, 
          where we can have very sophisticated laws, thoroughly developed and 
          elaborated, but resting ultimately on a vacuum.
           
          
           
          
           
          
           
          
          
          Aquino Presidency: An 
          unfolding drama of hope
          
          
           By CHITO DELA TORRE
By CHITO DELA TORRE
August 
          7, 2010
          
          “The Almighty has a 
          plan for all of us and I agree that the All Seeing Eye does not play 
          dice with our destinies. Indeed, even pain has a purpose.” - Chief 
          Justice Reynato Puno (lifted from Atty-at-Work).
          
          To some observant 
          Filipino eyes, the current administration of President Noynoy Aquino 
          is repeatedly committing blunders in decision-making and approaches in 
          its haste to right what it perceives to be wrongs committed during the 
          more than nine years of an Arroyo regime.  To a few, mostly loyal to 
          ex-president Gloria Arroyo, the blunders of the new administration are 
          serious and could be contested up to the Supreme Court, such as the 
          creation of the Truth Commission which is given a limited executive 
          mandate of only two years to complete its mission.
          
          Be that as it may, 
          criticisms such as these don’t bother Malacañang.  Malacañang just 
          does what it believes it must do.  It goes with the best speech of the 
          year, President Aquino’s first State of the Nation Address (SONA) – 
          which I rate 100 per cent, for its being honest, down-to-earth, and 
          purposive, bereft of pomposity and euphemisms.
          
          It seems, when making 
          decisions, Malacañang always looks back to the promises made by PNoy.  
          Decisions must approximate the solutions to problems, crimes, and 
          failures that never saw the truth in the past regime, until Malacañang 
          hits the right chord.  Hence, the constant need for consultations and 
          for cabinet meetings, and the need for accordingly responding to 
          feedbacks from and grievances of the Filipino people.
          
          Of course, those 
          decisions could be wrong or simply lack some basic requirements to be 
          universally acceptable.  That’s why, PNoy, and his early-erring 
          Secretaries and heads of agencies, are fundamentally prepared to make 
          the necessary corrections, and they do the immediate corrections, 
          taking note of lessons and insights learned their own way.
          
          All these are normal.  
          It’s normal for a new leadership, to err or to lack.  And it will 
          always be normal, until the present dispensation can correct the 
          wrongs of the past that have been carried to the present, or that had 
          caused the big problems of today.
          
          Sifting the sands of 
          options - of which many are available and are multifarious, especially 
          when just everyone gets on to the television screen or is quoted in 
          newspapers and magazines or is heard over the radios – sometimes lead 
          leaders to courses of action that are vulnerable to open attacks.  It 
          will be so, for as long as there still remain the bitter fruits of 
          seeds of discontent that had been planted during the past 33,000 days 
          before June 30, 2010.
          
          But the All Seeing Eye 
          has let these things happen, always beyond our expectation, beyond 
          even what the most perfect systems on Earth could predict or 
          interpret.  Those who are like PNoy who strongly believes in God’s 
          purpose see that as a normal occurrence.  Hence, they hope to find 
          hope in whatever their hope can provide, convinced that in the end, 
          they will see and enjoy the fulfilment of the simpler times that they 
          have for long been sighing for.  And they are convinced that President 
          Noynoy Aquino is that hope, their hope, who can give unto them that 
          fulfilment, even little by little, even through thick and thin, even 
          inch by inch, notwithstanding the monstrosity the appearance of every 
          policy nemesis may be, and even if it may only take pragmatism to 
          eradicate the evils in governance and of society.
          
          For that has been 
          happening in Philippine republicanism and in this country’s battle for 
          independence as a one-identity nation, and for sovereignty over its 
          own territories, natural wealth, people, aspirations and future.  God 
          – probably, because not all Filipinos can see one thing from one and 
          through one view at the same time, hence the urge to question each 
          other’s claims and contentions – lets us get what we wish through the 
          drama of His sole authorship.  Ramon Magsaysay, a guerrilla and 
          auto-mechanic, and then a “mere housewife” Corazon Aquino, became 
          president.
          
          Not far from a fading 
          memory, Leyteños and Samareños had a Basaynon high school drop-out but 
          a “voracious reader” who became the Waray region’s first Budget 
          Commissioner – Serafin Marabut, for whom Marabut, once a barrio of 
          Basey, was created as a new town in Samar in recognition of his 
          achievements for the whole 
          Philippines.
          
          Now, we have a not 
          really simple citizen whom millions of Filipinos have asked to be 
          their leader.  Now he is our President.  He resembles the simple hope 
          of the ordinary Filipinos, the poor and the hopeless.  Thanks God he 
          accepted to lead us all.
          
          Wherever his actions 
          may presently lead this nation to, whichever his strategies may be, 
          they could only be part of God’s grand plan.  Man proposes, but God 
          disposes, so it has been said time and time again.  And behind all 
          these, we are comforted with the thought that the Catholic Church in 
          us and the religious leaders of various congregations are praying that 
          through PNoy we can all get there. 
          
          Yes, harsh criticisms 
          and negative feedbacks will continue to pester the present 
          dispensation, but let those all be just to HELP GUIDE the leadership 
          so that it will succeed in its avowals.  This, even if it is the 
          unquenchable abnormality of this nation to always demand for unity 
          rather than a rebellious division in the ranks of those in power, for 
          it has always been an equally cacophonous abnormality to reject 
          government action and demand at the same time for rara avis measures 
          that will only preserve and perpetuate evil whims – such as corruption 
          via pork barrels, dynastic power through malevolent authority.
          
          Yes, some measures 
          adopted by the current leadership may not be what others see should 
          be, but let those all engender their own desired results.  For, the 
          current leadership also knows that, and in knowing that, it knows what 
          are its impact consequences and what courses of action to take. It can 
          refine until it gets the best.  That’s why no war is briefly fought, 
          for strategies interplay from both sides of the war.  We have 9 years 
          war enemy behind and in front of us all, and today’s 6 years of a PNoy 
          presidency may not be enough.  But, like every refined hope, PNoy’s 
          administration gets its strongest determination to get over from the 
          inexhaustible arsenal of hope from People Power, the power that is 
          behind him.
          
          So, President 
          Aquino, just carry on!  Cabinet Secretaries, heave-ho!!!
           
          
           
          
           
          
           
          
          
          Lawmakers’ group does 
          not support call to legalize abortion
          
          
          A Media Statement of 
          the Philippine Legislators’ Committee on Population and Development 
          Foundation, Inc.
          August 6, 2010
          
          The Philippine 
          Legislators’ Committee on Population and Development Foundation, Inc. 
          (PLCPD) expresses strong opposition on the call of a group for 
          Congress to pass a law that would legalize abortion in the 
          Philippines.
          
          PLCPD, however, is 
          firmly pushing for the passage of the proposed Reproductive Health, 
          Responsible Parenthood and Population Development bills currently 
          filed in Congress so as to allow couples to have access to legal and 
          medically safe family planning methods that will reduce unplanned 
          pregnancies which eventually will lessen the incidence of abortions in 
          the country. 
          
          Legalization of 
          abortion is not the right approach to address the increasing number of 
          eleven (11) mothers dying every day due to pregnancy and 
          pregnancy-related complications. 
          
          The legal and 
          culturally-sensitive approach in reducing maternal deaths is for women 
          and couples to practice family planning, provide skilled birth 
          attendants to every delivery, and establish basic and emergency 
          obstetric care which is accessible in urban and rural settings. PLCPD 
          further emphasized that voluntary family planning can reduce maternal 
          deaths by 20 to 35% (WHO, 1995). These can be ‘institutionalized’ by 
          enactment into law of the proposed RH bills.
          
          PLCPD and authors of 
          RH bills stressed further that the proposed measure does not consider 
          abortion as a family planning method. In fact, in the Guiding 
          Principles of the bill states “nothing in this Act changes the law on 
          abortion”. PLCPD however emphasizes that though abortion is not legal, 
          the government should ensure that all women needing post-abortion care 
          must be treated in a humane and non-judgmental manner.
          
          We call on the media 
          and the public not to confuse the campaign for the legalization of 
          abortion in the Philippines as part of the reproductive health 
          advocacy campaign. 
          
          To reiterate, abortion 
          is not part of PLCPD’s proposed measures on reproductive health and 
          that the organization is not a part, and will not be a part, of any 
          group that will call for the legalization of abortion in the 
          Philippines.
          
          PLCPD is an advocacy 
          institution of lawmakers committed to harness the efforts of the 
          members of the Philippine congress in legislating progressive policies 
          on population and development. It was organized as a non-stock, 
          non-profit, non-partisan organization in 1989 by a group of 
          progressive legislators from the Senate and House of Representatives.
          
          
           
          
           
          
           
          
           
          
          
          Karapatan reiterates its call to PNoy: 
          end impunity, prosecute Gloria Arroyo and state security forces 
          involved in human rights violations under her watch!
          
          A Press 
          Statement by KARAPATAN on the Palace announcement of the President’s 
          signing of an Executive Order forming the Truth Commission
July 
          31, 2010
          
          Now that President 
          Benigno S. Aquino III has already signed the Executive Order forming 
          the Truth Commission, we at Karapatan, ask him: Will PNoy’s government 
          lead the prosecution of Mrs. Gloria Macapagal-Arroyo and the military 
          and police personnel involved in human rights violations from 2001- 
          end June 2010?
          
          The Palace has said 
          that the Truth Commission will “investigate reports of graft and 
          corruption of such scale and magnitude that shock and offend the moral 
          and ethical sensibilities of the people.”  The President’s 
          spokesperson, Mr. Edwin Lacierda said “[The commission’s] job is to 
          investigate and seek the truth in the grave allegations of graft and 
          corruption during the past nine years that allegedly involved 
          government officials and their conspirators in the private sector.”
          
          It is good and proper 
          that these anomalies must be investigated and we hope that prosecution 
          and punishment of those found guilty will also be done.
          
          But we maintain that 
          human rights violations cases must be viewed also as cases “of such 
          scale and magnitude that shock and offend the moral and ethical 
          sensibilities of the people” and thus, must also be prioritized by 
          government so that impunity that attend the commission of these crimes 
          must be put to an end.  The victims are still crying for justice up to 
          now.
          
          President Benigno 
          Simeon C.Aquino III said, in his meeting with the European envoys on 
          May 31, 2010, “Cases of extrajudicial killings need to be solved, not 
          just identify the perpetrators but have them captured and sent to 
          jail. That’s part of the agenda [of the incoming administration]… 
          Judicial reform is so important. There has to be closure as soon as 
          possible, which means not the usual average of six years.”
          
          We therefore reiterate 
          our urgent call to the President to prosecute the previous president 
          and her military and police forces who committed or participated in 
          human rights violations cases; punish the guilty and let the 
          perpetrators promise not to commit the same crimes again.
          
          Ending impunity is one 
          of the hardest human rights issues to be realized as past 
          administrations have tolerated, some even encouraged, security forces 
          to commit human rights violations in the twisted notion of “protecting 
          and defending democracy.”  We urge the present dispensation to break 
          free from the bad practices of the past and really GO AFTER HUMAN 
          RIGHTS VIOLATORS, not only the corrupt and cheats, so that impunity 
          will be ended and a really new beginning for the country will come 
          about.