POWER TO THE WISE
This is what the shift to pariamentary system is all about: to eliminate the chances of having the likes of ERAP and FPJ from getting a serious crack at the presidency ever again. Under the proposed parliamentary system, the head of state will be elected by and among the members of parliament. He should be man (or woman) who will earn the respect of his peers. Nobody gets respected in this place unless he knows how to please everyone. To please everyone, one should know which interests to protect. The dumb can only go so far. No more cinematic political shows. No more rhetoric to rally the masses. In the proposed parliamentary sytem, things willl get done through back channel wheeling and dealing. Wouldn't it all be a bore? It wouldn't matter now. I look at the presidential timbers for 2010 and it's gotten me scared: The time has come to end this farce. Let's move to parliament and give power to the wise.
Wednesday, July 21, 2004
Saturday, July 10, 2004
Way to Go ACY!
My boss over at the National Food Authority has just been named by the President to be the next Secretary of Agriculture. Arthur C. Yap will serve as one of the youngest, if not the youngest, secretaries of agriculture ever. He brings with him his experience as the first president of the Philippine Trading Corporation (PITC) to register a profit for the government trading corporation and the NFA Administrator who offered the best hope for the rice farmers with the Gloria Rice hybrid seedlings. With the Gloria Rice seedlings, the Philippines is posed to re-enter the rice export market in the next few years. As NFA Administrator, he followed a tight schedule that allowed him to go around the NFA offices in the provinces and ensure that the forefront of the agency was doing its job. He is actually the real Mr. Palengke as he has visited more palengkes than any other government official in his tenure as NFA Administrator. Best of all, ACY is a master tactician and a fellow believer of Sun Tzu's Art of War. I don't know if I'll be part of his team at the Dept. of Agriculture. But I sure am happy, we are leaving the NFA alive and unscathed.
My boss over at the National Food Authority has just been named by the President to be the next Secretary of Agriculture. Arthur C. Yap will serve as one of the youngest, if not the youngest, secretaries of agriculture ever. He brings with him his experience as the first president of the Philippine Trading Corporation (PITC) to register a profit for the government trading corporation and the NFA Administrator who offered the best hope for the rice farmers with the Gloria Rice hybrid seedlings. With the Gloria Rice seedlings, the Philippines is posed to re-enter the rice export market in the next few years. As NFA Administrator, he followed a tight schedule that allowed him to go around the NFA offices in the provinces and ensure that the forefront of the agency was doing its job. He is actually the real Mr. Palengke as he has visited more palengkes than any other government official in his tenure as NFA Administrator. Best of all, ACY is a master tactician and a fellow believer of Sun Tzu's Art of War. I don't know if I'll be part of his team at the Dept. of Agriculture. But I sure am happy, we are leaving the NFA alive and unscathed.
Monday, June 28, 2004
To my students in Securities Law from Araullo University School of Law, I've set up a blog for our class. You may find it at http://securities.agalaw.net . Feel free to drop by.
Wednesday, June 16, 2004
Sunday, May 09, 2004
Charlie Co on our front desk
To decorate our reception area, the Managing Partner of our fledgling firm Guerrero Aceron & Avila just recently wasted 4,500 bucks on a multimedia graphic image of a waterfalls (complete with moving waters, chirping bird sounds and clouds being blown away!). I threatened to end the partnership if the picture didn't go soon. To find a suitable replacement, I then went to SM Megamall Galleria Duemila which is running an exhibit of the works of Bacolod Artist Charlie Co. Having viewed the exhibit, I remembered what NVM Gonzalez used to say: there is genius in the Filipino race. Charlie Co's material is world class. Alice Guillermo has a review of the show which appears in Today Newspaper. The online copy is found here. The moment I saw the above image, entitled "A Clown and the Three Puppets", I knew it was the painting that should meet our clients on the front desk. Hear No Evil. Speak No Evil. See No Evil. Pure lawyerly stuff -- half serious, half comic. He he he. And it has three clowns too. Just like the three partners and the three associates. A bit self-deprecating, but definitely better than the waterfalls.
(The above image was taken from the Galleria Duemila website.)
Other works of Charlie Co are found here.
His bio appears here.
Another review of his works appears here.
To decorate our reception area, the Managing Partner of our fledgling firm Guerrero Aceron & Avila just recently wasted 4,500 bucks on a multimedia graphic image of a waterfalls (complete with moving waters, chirping bird sounds and clouds being blown away!). I threatened to end the partnership if the picture didn't go soon. To find a suitable replacement, I then went to SM Megamall Galleria Duemila which is running an exhibit of the works of Bacolod Artist Charlie Co. Having viewed the exhibit, I remembered what NVM Gonzalez used to say: there is genius in the Filipino race. Charlie Co's material is world class. Alice Guillermo has a review of the show which appears in Today Newspaper. The online copy is found here. The moment I saw the above image, entitled "A Clown and the Three Puppets", I knew it was the painting that should meet our clients on the front desk. Hear No Evil. Speak No Evil. See No Evil. Pure lawyerly stuff -- half serious, half comic. He he he. And it has three clowns too. Just like the three partners and the three associates. A bit self-deprecating, but definitely better than the waterfalls.
(The above image was taken from the Galleria Duemila website.)
Other works of Charlie Co are found here.
His bio appears here.
Another review of his works appears here.
Saturday, April 24, 2004
Texting from Vietnam
I just came from an overnight trip to Ho Chi Minh City, Vietnam on a business trip to pave the way for the entry of major Philippine products in the emerging tiger economy of Vietnam. And boy -- there sure is a lot material to blog about for the next few days: great food, interesting culture, warm people and many more. But let's start with the cellular phone service. Both my Globe prepaid and Smart postpaid accounts were in full working condition in Ho Chi Minh City. Global roaming worked well with Vinaphone for Globe and Mobiphone for Smart. The weird part is midway my Globe phone roaming shifted from Vinaphone to Mobiphone. But I had strong phone signals all over the City, in the major thoroughfares, the outskirts of the city and in Chinatown. I had no problems attending to other businesses unfolding in Manila.
My Globe pre-paid account global roaming was activated upon request. The rates were PHP 80 per minute incoming and outgoing. Incoming texts were free but outgoing texts cost PHP15.00 each. I guess a bit pricey so I skipped the "k" text replies to Manila. When people from Manila called, their numbers did not register on the screen. I had to answer each call that came to make sure that I didn't miss client calls. The hard part is if one gets a call from somebody in Manila dialing a wrong number. he gets hit with an PHP80 charge. It happened to one of my companions. It was just like giving away money for free.
Another concern in global roaming pre-paid was that to make a call to Manila, I had to type in *151* before the country code and phone number. So the phonebook had to be edited before making the call. Also Globe had instructions to ensure that the phone didn't run out of credits. Otherwise, the global roaming would be lost. To prevent it from happening to my phone, before going to Vietnam, I loaded PHP 2,000 worth of phone cards. By the time I got back it was down to PHP 800++. Not bad for a busy day.
As for the Smart postpaid account, I also had to request activation of the global roaming service. They asked me to deposit PHP 2500 because I was just on a Plan 800 which could be easily used up. They didn't tell me the rates, probably because I didn't ask. I dread to see the bill because before going back to Manila I had a 30 minute legal discussion with a counterpart counsel in Manila over a major transaction. It might be the cost of another overnight stay in Vietnam, but it was very important call so I didn't have any choice.
My companion had a better idea. She bought a prepaid sim card from Vietnam and used it to call Manila. The card was compatible with her usual phone. She said it was a lot cheaper to call Manila on Vietnamese prepaid account than to use global roaming. Well, had I known that, I would have done the same. Although, the prepaid sim was worth PHP 1450-- really expensive compared to sim cards here which cost only about PHP 150 in the Philippines with a bonus Happy Meal.
All together, the visit to the original Saigon was just like going to a major city like Cebu or Davao in the Philippines. The City that Hollywood portrays as a war zone turned out to be a business zone raging with activity and a cellular phone service at par with the best of the world. But for the rates, I had no trouble texting and calling from Ho Chi Minh City, Vietnam.
Next Edition: Impressions on Business in Vietnam
I just came from an overnight trip to Ho Chi Minh City, Vietnam on a business trip to pave the way for the entry of major Philippine products in the emerging tiger economy of Vietnam. And boy -- there sure is a lot material to blog about for the next few days: great food, interesting culture, warm people and many more. But let's start with the cellular phone service. Both my Globe prepaid and Smart postpaid accounts were in full working condition in Ho Chi Minh City. Global roaming worked well with Vinaphone for Globe and Mobiphone for Smart. The weird part is midway my Globe phone roaming shifted from Vinaphone to Mobiphone. But I had strong phone signals all over the City, in the major thoroughfares, the outskirts of the city and in Chinatown. I had no problems attending to other businesses unfolding in Manila.
My Globe pre-paid account global roaming was activated upon request. The rates were PHP 80 per minute incoming and outgoing. Incoming texts were free but outgoing texts cost PHP15.00 each. I guess a bit pricey so I skipped the "k" text replies to Manila. When people from Manila called, their numbers did not register on the screen. I had to answer each call that came to make sure that I didn't miss client calls. The hard part is if one gets a call from somebody in Manila dialing a wrong number. he gets hit with an PHP80 charge. It happened to one of my companions. It was just like giving away money for free.
Another concern in global roaming pre-paid was that to make a call to Manila, I had to type in *151* before the country code and phone number. So the phonebook had to be edited before making the call. Also Globe had instructions to ensure that the phone didn't run out of credits. Otherwise, the global roaming would be lost. To prevent it from happening to my phone, before going to Vietnam, I loaded PHP 2,000 worth of phone cards. By the time I got back it was down to PHP 800++. Not bad for a busy day.
As for the Smart postpaid account, I also had to request activation of the global roaming service. They asked me to deposit PHP 2500 because I was just on a Plan 800 which could be easily used up. They didn't tell me the rates, probably because I didn't ask. I dread to see the bill because before going back to Manila I had a 30 minute legal discussion with a counterpart counsel in Manila over a major transaction. It might be the cost of another overnight stay in Vietnam, but it was very important call so I didn't have any choice.
My companion had a better idea. She bought a prepaid sim card from Vietnam and used it to call Manila. The card was compatible with her usual phone. She said it was a lot cheaper to call Manila on Vietnamese prepaid account than to use global roaming. Well, had I known that, I would have done the same. Although, the prepaid sim was worth PHP 1450-- really expensive compared to sim cards here which cost only about PHP 150 in the Philippines with a bonus Happy Meal.
All together, the visit to the original Saigon was just like going to a major city like Cebu or Davao in the Philippines. The City that Hollywood portrays as a war zone turned out to be a business zone raging with activity and a cellular phone service at par with the best of the world. But for the rates, I had no trouble texting and calling from Ho Chi Minh City, Vietnam.
Next Edition: Impressions on Business in Vietnam
Sunday, April 11, 2004
Wednesday, April 07, 2004
Wednesday, March 31, 2004
Supreme Court dismisses Case versus the President on electionnering issue.
I'm taking a break from a successive string of loaded working weeks to note that the case filed by senatoriables Boots Anson Roa and Amina Rasul against the incumbent President was dismissed recently by the Supreme Court. See Inquirer report here. I've been really annoyed with the propaganda that followed the filing of that case, especially the song and dance routine that Boots Anson Roa did over several TV channels on the alleged misuse of public funds ek ek chu chu. So they went to the Supreme Court to ask the Court to tell the President to resign or take a leave of absence to prevent her from using her position to campaign for her re-election. I don't really mind the comments that the sudden vibrance of public programs sponsored by the President like the Kalsada ni Gloria is just a ploy for the President to have her name and image plastered all over the Philippines -- They might even be right. But to go the Supreme Court for this? My goodness -- the first and last thing one learns from Constutional Law is that the President is immune from suit. You can shoot her, but you can't sue her.
Ask the Supreme Court to tell the President to resign or take a leave of absence on a Mandamus remedy? Susmaryosep -- Mandamus can only be done if the action required from the public officer is ministerial. That means the action should not involve discretion -- an act that she doesn't have to think about, like a clerk filing a piece of paper. Since when has resignation and taking a leave of absence been ministerial and non-discretionary?
Besides, one of the very few things I learned from my Election Law class with Justice Maambong is that in general, when a public officer files a certificate of candidacy, he is considered resigned, EXCEPT when he is running for President or Vice-President.
Good politics. Bad lawyering. This is one of the reasons why justice is delayed in this country. I have several cases that have been pending with the Supreme Court for years. But because idiots like the lawyers of Boots Anson Roa and Amina Rasul keep on clogging the dockets with baseless cases like this one, I have no choice but to wait until the Supreme Court finds the time to attend to my cases while it bothers itself with nuisance suits.
I'm taking a break from a successive string of loaded working weeks to note that the case filed by senatoriables Boots Anson Roa and Amina Rasul against the incumbent President was dismissed recently by the Supreme Court. See Inquirer report here. I've been really annoyed with the propaganda that followed the filing of that case, especially the song and dance routine that Boots Anson Roa did over several TV channels on the alleged misuse of public funds ek ek chu chu. So they went to the Supreme Court to ask the Court to tell the President to resign or take a leave of absence to prevent her from using her position to campaign for her re-election. I don't really mind the comments that the sudden vibrance of public programs sponsored by the President like the Kalsada ni Gloria is just a ploy for the President to have her name and image plastered all over the Philippines -- They might even be right. But to go the Supreme Court for this? My goodness -- the first and last thing one learns from Constutional Law is that the President is immune from suit. You can shoot her, but you can't sue her.
Ask the Supreme Court to tell the President to resign or take a leave of absence on a Mandamus remedy? Susmaryosep -- Mandamus can only be done if the action required from the public officer is ministerial. That means the action should not involve discretion -- an act that she doesn't have to think about, like a clerk filing a piece of paper. Since when has resignation and taking a leave of absence been ministerial and non-discretionary?
Besides, one of the very few things I learned from my Election Law class with Justice Maambong is that in general, when a public officer files a certificate of candidacy, he is considered resigned, EXCEPT when he is running for President or Vice-President.
Good politics. Bad lawyering. This is one of the reasons why justice is delayed in this country. I have several cases that have been pending with the Supreme Court for years. But because idiots like the lawyers of Boots Anson Roa and Amina Rasul keep on clogging the dockets with baseless cases like this one, I have no choice but to wait until the Supreme Court finds the time to attend to my cases while it bothers itself with nuisance suits.
Wednesday, March 17, 2004
THE SUPREME COURT ON THE PRIVILEGES OF THE INCUMBENT PRESIDENT
When an incumbent President, who is also a candidate for re-election, implements a program of government, she does so as the Head of State of this country. That is her duty. The fact that it has partisan political color is merely secondary and even incidental. Indeed, she doesn't stop being President just because she is running for re-election. In other words, when she doles out those Philhealth cards with her picture, she doles them out as President not as candidate. Sori na lang po sa oposisyon.
What is my basis?
UNIDO V. COMELEC (G.R. No. 56515 April 3, 1981).
"....(I)t is undeniable and but natural that the head of state of every country in the world must from the very nature of his position, be accorded certain privileges not equally available to those who are opposed to him in the sense that, since the head of state has the grave and tremendous responsibility of planning and implementing the plan of government itself, either by virtue of the popular mandate given to him under the corresponding provisions of the Constitution and the laws or any other duly recognized grant of power and authority, the opposition cannot be placed at par with him, since logically the opposition can only fiscalize the administration and punctualize its errors and shortcomings to the end that when the duly scheduled time for the people to exercise their inalienable power to make a better choice, the opposition may have the chance to make them accept the alternative they can offer.
Therefore, when the head of state is afforded the opportunity or when he feels it incumbent upon him to communicate and dialogue with the people on any matter affecting the plan of government or any other matter of public interest, no office or entity of the government is obliged to give the opposition the same facilities by which its contrary views may be ventilated. lf the opposition leaders feel any sense of responsibility in the premises to counter the administration, it is up to them – and they are free – to avail of their own resources to accomplish their purpose. But surely, it is not for the administration to hand them on a silver platter the weapon they need. We are not aware that there is any existing system of government anywhere in the world which is mandated to be so accommodating and generous to the opponents of the current administrators of the national affairs.
In instances where the head of state is at the same time the president of the political party that is in power, it does not necessarily follow that he speaks with two voices when he dialogues with the governed. Unquestionably, there are matters of vital public interest wherein partisan considerations could in some degree be involved, but then such partisan interest would be purely secondary. The President/Prime Minister of the Philippines is the political head of all the people. His is the sacred responsibility to protect and defend the security of all the people, the stability of the government and the integrity of the national territory, not only for the tenure to which he has been elected but for all times. When, as in the instant situation, he deems it warranted by the circumstances to present to them a plan of government which includes the modification of the existing structure of government together with its concomitant allocation of governmental powers, it is not only his right but his duty to take the people directly into his confidence and impart to them to the fullest measure of his capacity and by all available adequate means the reasons therefor and the corrollarily advantages thereof to their welfare. The opposition, if it opines otherwise, has naturally the indisputable right to make every effort to thwart his objective. But, surely, this is far from saying that it is the duty of the administration to generously grant to them the means to wage their campaign against it."
When an incumbent President, who is also a candidate for re-election, implements a program of government, she does so as the Head of State of this country. That is her duty. The fact that it has partisan political color is merely secondary and even incidental. Indeed, she doesn't stop being President just because she is running for re-election. In other words, when she doles out those Philhealth cards with her picture, she doles them out as President not as candidate. Sori na lang po sa oposisyon.
What is my basis?
UNIDO V. COMELEC (G.R. No. 56515 April 3, 1981).
"....(I)t is undeniable and but natural that the head of state of every country in the world must from the very nature of his position, be accorded certain privileges not equally available to those who are opposed to him in the sense that, since the head of state has the grave and tremendous responsibility of planning and implementing the plan of government itself, either by virtue of the popular mandate given to him under the corresponding provisions of the Constitution and the laws or any other duly recognized grant of power and authority, the opposition cannot be placed at par with him, since logically the opposition can only fiscalize the administration and punctualize its errors and shortcomings to the end that when the duly scheduled time for the people to exercise their inalienable power to make a better choice, the opposition may have the chance to make them accept the alternative they can offer.
Therefore, when the head of state is afforded the opportunity or when he feels it incumbent upon him to communicate and dialogue with the people on any matter affecting the plan of government or any other matter of public interest, no office or entity of the government is obliged to give the opposition the same facilities by which its contrary views may be ventilated. lf the opposition leaders feel any sense of responsibility in the premises to counter the administration, it is up to them – and they are free – to avail of their own resources to accomplish their purpose. But surely, it is not for the administration to hand them on a silver platter the weapon they need. We are not aware that there is any existing system of government anywhere in the world which is mandated to be so accommodating and generous to the opponents of the current administrators of the national affairs.
In instances where the head of state is at the same time the president of the political party that is in power, it does not necessarily follow that he speaks with two voices when he dialogues with the governed. Unquestionably, there are matters of vital public interest wherein partisan considerations could in some degree be involved, but then such partisan interest would be purely secondary. The President/Prime Minister of the Philippines is the political head of all the people. His is the sacred responsibility to protect and defend the security of all the people, the stability of the government and the integrity of the national territory, not only for the tenure to which he has been elected but for all times. When, as in the instant situation, he deems it warranted by the circumstances to present to them a plan of government which includes the modification of the existing structure of government together with its concomitant allocation of governmental powers, it is not only his right but his duty to take the people directly into his confidence and impart to them to the fullest measure of his capacity and by all available adequate means the reasons therefor and the corrollarily advantages thereof to their welfare. The opposition, if it opines otherwise, has naturally the indisputable right to make every effort to thwart his objective. But, surely, this is far from saying that it is the duty of the administration to generously grant to them the means to wage their campaign against it."
Thursday, March 11, 2004
THE SUN TZU IN ERAP
Sun Tzu says,
"Those who are skilled in warfare will always bring the enemy where they want to fight and are not brought there by the enemy."
In this morning's Inquirer, a newswriter reported that Erap has started to distribute video CD's showcasing his side of the story in his plunder trial. Knowing that the courtroom is not his battleground, Erap has decided to bring his case to the court of public opinion. With a directed and even fictionalized account of his version of the story, how could Erap lose? No cross-examinations. No legalese. Erap's VCD stands as his Memorandum to history.
What does this mean? Erap is going to use public opinion to get himself out of jail. Public opinion will elect Poe as President. Public opinion will "convince" Poe to give him executive clemency. And in the event that GMA wins, public opinion will stir another EDSA TRES.
Interesting times we live in.
Sun Tzu says,
"Those who are skilled in warfare will always bring the enemy where they want to fight and are not brought there by the enemy."
In this morning's Inquirer, a newswriter reported that Erap has started to distribute video CD's showcasing his side of the story in his plunder trial. Knowing that the courtroom is not his battleground, Erap has decided to bring his case to the court of public opinion. With a directed and even fictionalized account of his version of the story, how could Erap lose? No cross-examinations. No legalese. Erap's VCD stands as his Memorandum to history.
What does this mean? Erap is going to use public opinion to get himself out of jail. Public opinion will elect Poe as President. Public opinion will "convince" Poe to give him executive clemency. And in the event that GMA wins, public opinion will stir another EDSA TRES.
Interesting times we live in.
Monday, March 01, 2004
Will Brother Eddie Appoint Jesus Christ to the Cabinet?
As the campaign heats up, Brother Eddie appears to be the only true alternative to the traditional politicians. The others in the opposition are simply loaded with the politicians of old. FPJ has Manong Ernie Maceda and Manong Johnny Ponce Enrile in his senatorial slate. This only goes to show that the Erap gang is behind his candidacy. Raul Roco while seemingly loaded with political neophytes in his slate has Edno Joson in his list. Well, Mr. Joson was Erap's NFA Administrator so I count him out of my list too. Ping has the Zamora Brothers. But Bro. Eddie? He's on his own. So is he the true alternative?
Not so fast. A few years back, I remember Bro. Eddie getting involved in a little fight with Bro. Mike Velarde over channel 11. The two had joint venture agreement when they acquired Channel 11. As both leaders accepted the other as co-equal, they agreed that Channel 11 would be ran by a Management Committee composed of three. Who were the members? Bro. Eddie, Bro. Mike and Bro. Jesus Christ. No kidding. No wonder the two got involved in a bitter fight and no less than Pres. Fidel V. Ramos had to mediate the dispute between the warring religious leaders.
Now, can somebody ask Bro. Eddie if Jesus Christ would get a cabinet position in his presidency? He keeps on saying it was God who told him to run. So will he return the favor with a juicy appointment? "God" must really be fickle. As far as I can remember it was also "God" who told Gringo Honasan to push through with his coups in the 80's and early 90s. It was also God who told Pres. Arroyo to renege on her promise not to run for re-election and to give the presidency a second shot. It's a nutty world we live in.
I guess it's Eddie Gil then.
As the campaign heats up, Brother Eddie appears to be the only true alternative to the traditional politicians. The others in the opposition are simply loaded with the politicians of old. FPJ has Manong Ernie Maceda and Manong Johnny Ponce Enrile in his senatorial slate. This only goes to show that the Erap gang is behind his candidacy. Raul Roco while seemingly loaded with political neophytes in his slate has Edno Joson in his list. Well, Mr. Joson was Erap's NFA Administrator so I count him out of my list too. Ping has the Zamora Brothers. But Bro. Eddie? He's on his own. So is he the true alternative?
Not so fast. A few years back, I remember Bro. Eddie getting involved in a little fight with Bro. Mike Velarde over channel 11. The two had joint venture agreement when they acquired Channel 11. As both leaders accepted the other as co-equal, they agreed that Channel 11 would be ran by a Management Committee composed of three. Who were the members? Bro. Eddie, Bro. Mike and Bro. Jesus Christ. No kidding. No wonder the two got involved in a bitter fight and no less than Pres. Fidel V. Ramos had to mediate the dispute between the warring religious leaders.
Now, can somebody ask Bro. Eddie if Jesus Christ would get a cabinet position in his presidency? He keeps on saying it was God who told him to run. So will he return the favor with a juicy appointment? "God" must really be fickle. As far as I can remember it was also "God" who told Gringo Honasan to push through with his coups in the 80's and early 90s. It was also God who told Pres. Arroyo to renege on her promise not to run for re-election and to give the presidency a second shot. It's a nutty world we live in.
I guess it's Eddie Gil then.
Sunday, February 15, 2004
Pop Views
You can group the reactions my wife and I got when we began announcing that our fourth kid has been conceived into the following categories:
ONE: The Concerned Grandparents
Blank stares with large scripts on their foreheads that state:
"We hope you can handle a fourth kid."
TWO: Business associates going for their first TEN MILLION.
"What? You're over-populating the world!"
THREE: Our Focolare friends
"Que bono. That is a gift from God!"
Yes, my wife is about three months pregnant and I can certainly claim that that kid is destined for greatness because he had weathered all natural obstacles to his conception when his legal age was still zero. Indeed, nowhere in my life has my views on population control been appropriately challenged but now. The concerns are all valid. Just imagine the tons of diapers I would have to buy on top of what I've already bought for the first three. What about the milk, the clothes and the educatonal plans? A minimum wage earner would have gone insane.
But everything has to answer to the bottomline: What is it in life that really matters?
Is it the economic difficulty that goes with raising a family? Is it the statistics on population growth and the diminishing world resources? Or is it simply that God, in all his infinite wisdom, has decided to assign us to mentor another one of his angels and experience the joys and pains of fatherhood for the fourth time? After all, as Einstein put it, God doesn't play dice with the universe.
I look at my three kids Juancho, Hans and Tressa, my wife Ces and I imagine how my fourth kid will look like. And I manage a smile with the thought, we are blessed.
You can group the reactions my wife and I got when we began announcing that our fourth kid has been conceived into the following categories:
ONE: The Concerned Grandparents
Blank stares with large scripts on their foreheads that state:
"We hope you can handle a fourth kid."
TWO: Business associates going for their first TEN MILLION.
"What? You're over-populating the world!"
THREE: Our Focolare friends
"Que bono. That is a gift from God!"
Yes, my wife is about three months pregnant and I can certainly claim that that kid is destined for greatness because he had weathered all natural obstacles to his conception when his legal age was still zero. Indeed, nowhere in my life has my views on population control been appropriately challenged but now. The concerns are all valid. Just imagine the tons of diapers I would have to buy on top of what I've already bought for the first three. What about the milk, the clothes and the educatonal plans? A minimum wage earner would have gone insane.
But everything has to answer to the bottomline: What is it in life that really matters?
Is it the economic difficulty that goes with raising a family? Is it the statistics on population growth and the diminishing world resources? Or is it simply that God, in all his infinite wisdom, has decided to assign us to mentor another one of his angels and experience the joys and pains of fatherhood for the fourth time? After all, as Einstein put it, God doesn't play dice with the universe.
I look at my three kids Juancho, Hans and Tressa, my wife Ces and I imagine how my fourth kid will look like. And I manage a smile with the thought, we are blessed.
Thursday, February 12, 2004
THE HUBERT WEBB MEDIA PLAN
Why is it that all of a sudden everybody in the mainstream media is writing about the Hubert Webb case? Mind you, they are all pro-Hubert. Is a media plan in place to condition the minds of the public to accept the eventual acquittal of Hubert? Who is funding it? And why does it seem like the columnists are already aware of the acquittal when the matter has not been officially decided yet by the Supreme Court?
A year ago, I've written the observation that Mario Ongkiko, one of the best lawyers in this country, would probably win the appeal for Hubert Webb. As a lawyer of the accused, all that Atty. Ongkiko had to establish was "reasonable doubt". In other words, even if Jessica Alfaro, the state witness of the crime proved to be very credible, if an independent evaluation of the evidence did not yield moral certainty of guilt, then the accused should be acquitted. Moral certainty? It probably means that the judge should be able to sleep at night after handing down the decision. If he can't, then the accused must walk. In the case of Hubert, the tons of evidence that Atty. Ongkiko presented showing that Hubert was abroad and which curiously the presiding judge just brushed aside as a product of former Senator Freddie Webb's influence, may have established "reasonable doubt." As the cliche goes, "It's better for ten guilty men to be set free than for a single innocent man to be jailed.'
Yet, the decision of the Supreme Court and the media plan for Hubert are two different things. In a normal world, the Supreme Court should rule whichever way it wants to rule and the media should write want they want to write. The public can form their opinions on their own. The public is not even supposed to know the decision until it's promulgated by the Court. But with the strange circumstance that it is happening now where big time mediamen are obviously preparing us for a Hubert Webb upset, it gives me the feeling of uneasiness, a feeling that something isn't right, a feeling that a conspiracy has been hatched upon the public by men who should be just going about their normal businesses.
Then again, I'm just reading the situation through Sun Tzu's eyes. Really, that book has made me very suspicious of people's actions. Plus, I know by first hand experience that there is nothing random about how mainstream media choose their topics and their angles. Some intelligence funds can point them to the right direction. But we will find out if I'm wrong once that decision is handed down soon.
UPDATE:
REACTION
We got the following email from Gary Ramirez:
Hi Marvin, Read your post regarding Hubert. I am Gary, a cousin of
Hubert. The columnists who wrote about him has from the very start believed that
he is innocent. We are talking about Solita Monsod, Teddy Benigno and Mon
Tulfo. These people have been ridiculed and crucified dating back to the mid 90s.
Just like everyone in the family, I have followed Huberts case and believe me that there are overwhelming evidences that prove his innocence.
My challenge to All non-believers are:
1) Aside from Alfaro and the maid, Show us a person who can say that he
or she has seen Hubert Webb anywhere in the Philippines from March 2001 to
Oct. 2002.(The crime was committed on the latter part of June 2001)
2) Anyone who can prove that evidence submitted by the defense are fake
or counterfeit. These are:
a) FBI investigation Certification
b) INS records
c) State Department Note Verbale, signed by Secretary of State
Warren Christopher and another one signed by Madeleine Albright. ( Tolentino
did not want the testimony of the US Embassy but wanted Albright to go to
her court instead. How absurd can that be.)
d) California DMV drivers license
e) United Airlines Manifest
d) ETC.
3) Prove that any of the 100+ witnesses who saw Hubert in the states
are lying.(Tolentino dismissed all the witnesses because they are
relatives,friends or acquaintances. Even an old salesman where Hubert
bought a bicycle from was dismissed. Note that his purchase was done
give or take a few hours when the crime was being committed. This man had no
connection with Hubert whatsoever. If you where in the States, will you
live or hangout out with total strangers?)
Please forgive me if I sound too emotional. Its just that Hubert has
been in jail and prison for 9 years now. It will really destroy us inside if
we do not get justice.
I would also like to assure you that It is not in the Webbs style to set aside a budget for a media campaign to condition the peoples minds.
Thanks for your time and congratulations on the coming baby.
Gary
Why is it that all of a sudden everybody in the mainstream media is writing about the Hubert Webb case? Mind you, they are all pro-Hubert. Is a media plan in place to condition the minds of the public to accept the eventual acquittal of Hubert? Who is funding it? And why does it seem like the columnists are already aware of the acquittal when the matter has not been officially decided yet by the Supreme Court?
A year ago, I've written the observation that Mario Ongkiko, one of the best lawyers in this country, would probably win the appeal for Hubert Webb. As a lawyer of the accused, all that Atty. Ongkiko had to establish was "reasonable doubt". In other words, even if Jessica Alfaro, the state witness of the crime proved to be very credible, if an independent evaluation of the evidence did not yield moral certainty of guilt, then the accused should be acquitted. Moral certainty? It probably means that the judge should be able to sleep at night after handing down the decision. If he can't, then the accused must walk. In the case of Hubert, the tons of evidence that Atty. Ongkiko presented showing that Hubert was abroad and which curiously the presiding judge just brushed aside as a product of former Senator Freddie Webb's influence, may have established "reasonable doubt." As the cliche goes, "It's better for ten guilty men to be set free than for a single innocent man to be jailed.'
Yet, the decision of the Supreme Court and the media plan for Hubert are two different things. In a normal world, the Supreme Court should rule whichever way it wants to rule and the media should write want they want to write. The public can form their opinions on their own. The public is not even supposed to know the decision until it's promulgated by the Court. But with the strange circumstance that it is happening now where big time mediamen are obviously preparing us for a Hubert Webb upset, it gives me the feeling of uneasiness, a feeling that something isn't right, a feeling that a conspiracy has been hatched upon the public by men who should be just going about their normal businesses.
Then again, I'm just reading the situation through Sun Tzu's eyes. Really, that book has made me very suspicious of people's actions. Plus, I know by first hand experience that there is nothing random about how mainstream media choose their topics and their angles. Some intelligence funds can point them to the right direction. But we will find out if I'm wrong once that decision is handed down soon.
UPDATE:
REACTION
We got the following email from Gary Ramirez:
Hi Marvin, Read your post regarding Hubert. I am Gary, a cousin of
Hubert. The columnists who wrote about him has from the very start believed that
he is innocent. We are talking about Solita Monsod, Teddy Benigno and Mon
Tulfo. These people have been ridiculed and crucified dating back to the mid 90s.
Just like everyone in the family, I have followed Huberts case and believe me that there are overwhelming evidences that prove his innocence.
My challenge to All non-believers are:
1) Aside from Alfaro and the maid, Show us a person who can say that he
or she has seen Hubert Webb anywhere in the Philippines from March 2001 to
Oct. 2002.(The crime was committed on the latter part of June 2001)
2) Anyone who can prove that evidence submitted by the defense are fake
or counterfeit. These are:
a) FBI investigation Certification
b) INS records
c) State Department Note Verbale, signed by Secretary of State
Warren Christopher and another one signed by Madeleine Albright. ( Tolentino
did not want the testimony of the US Embassy but wanted Albright to go to
her court instead. How absurd can that be.)
d) California DMV drivers license
e) United Airlines Manifest
d) ETC.
3) Prove that any of the 100+ witnesses who saw Hubert in the states
are lying.(Tolentino dismissed all the witnesses because they are
relatives,friends or acquaintances. Even an old salesman where Hubert
bought a bicycle from was dismissed. Note that his purchase was done
give or take a few hours when the crime was being committed. This man had no
connection with Hubert whatsoever. If you where in the States, will you
live or hangout out with total strangers?)
Please forgive me if I sound too emotional. Its just that Hubert has
been in jail and prison for 9 years now. It will really destroy us inside if
we do not get justice.
I would also like to assure you that It is not in the Webbs style to set aside a budget for a media campaign to condition the peoples minds.
Thanks for your time and congratulations on the coming baby.
Gary
Sunday, February 08, 2004
It's gadgets time again
I went home last Monday with a Fujitsu Lifebook P1120 on loan from a client and all of a sudden my life is changing. I'm surfing the web on this petite beauty, typing my pleadings in a coffeeshop and emailing from wherever there is a phone line or wi-fi service. This is a long way to go for a boy that learned how to type with the "pindot system" in an old reliable Olympia typewriter from my Grandfather's workstation in Mindoro. I then moved to a PC XT running on DOS and wordstar 4.0 in an apartment in Project 2 Quezon City, then to a PC running Windows 98 in an Intel celeron processor in a big firm in Makati, and just recently to a Pentium II running windows ME in Roxas District.
Of course now, I'm still a boy (my wife calls me her third son). But I am now toting around this 2.2 lb touch screen laptop (no bigger than a hard bound bestseller) with Windows XP. If you were to ask me, I was happy with wordstar 4, until the internet boom came. So I conceded that maybe windows 98 with microsoft office 98 was a good upgrade. But Windows XP? After connecting to the web for thirty minutes, my little gadget got the worm called "luvsan" which terminated the system in 60 seconds. It's a good thing google led me to the cure. For three days, I've been trying to figure out how to send email with an attachment from yahoo in 60 seconds from login to click send.
So how is this lifebook affecting me? Well, I've been very distracted. Instead of being able to write the stuff I needed to write, I'm installing programs here and there. Just a moment ago, I connected it to a toy video camera and wondering if it can help me edit my first motion picture which I plan to call "The Lord with No Rings". Tomorrow, the palm hotsynch, then the printer driver, then quicken, then photojam, then the CD ripper and mp3 converter.
A lot of work this gadget is giving me -- for a machine that is supposed to make life easier. But it doesn't really matter, I'm looking forward to watching a VCD movie with it from a porch in a restaurant in hilly Tagaytay. The ultimate thing is I can blog from a Seattle's Best coffee shop. Hopefully, it can improve the frequency and quality of my posts. I guess they don't call it the "lifebook" for nothing.
I went home last Monday with a Fujitsu Lifebook P1120 on loan from a client and all of a sudden my life is changing. I'm surfing the web on this petite beauty, typing my pleadings in a coffeeshop and emailing from wherever there is a phone line or wi-fi service. This is a long way to go for a boy that learned how to type with the "pindot system" in an old reliable Olympia typewriter from my Grandfather's workstation in Mindoro. I then moved to a PC XT running on DOS and wordstar 4.0 in an apartment in Project 2 Quezon City, then to a PC running Windows 98 in an Intel celeron processor in a big firm in Makati, and just recently to a Pentium II running windows ME in Roxas District.
Of course now, I'm still a boy (my wife calls me her third son). But I am now toting around this 2.2 lb touch screen laptop (no bigger than a hard bound bestseller) with Windows XP. If you were to ask me, I was happy with wordstar 4, until the internet boom came. So I conceded that maybe windows 98 with microsoft office 98 was a good upgrade. But Windows XP? After connecting to the web for thirty minutes, my little gadget got the worm called "luvsan" which terminated the system in 60 seconds. It's a good thing google led me to the cure. For three days, I've been trying to figure out how to send email with an attachment from yahoo in 60 seconds from login to click send.
So how is this lifebook affecting me? Well, I've been very distracted. Instead of being able to write the stuff I needed to write, I'm installing programs here and there. Just a moment ago, I connected it to a toy video camera and wondering if it can help me edit my first motion picture which I plan to call "The Lord with No Rings". Tomorrow, the palm hotsynch, then the printer driver, then quicken, then photojam, then the CD ripper and mp3 converter.
A lot of work this gadget is giving me -- for a machine that is supposed to make life easier. But it doesn't really matter, I'm looking forward to watching a VCD movie with it from a porch in a restaurant in hilly Tagaytay. The ultimate thing is I can blog from a Seattle's Best coffee shop. Hopefully, it can improve the frequency and quality of my posts. I guess they don't call it the "lifebook" for nothing.
Saturday, January 31, 2004
MODEST PROPOSAL FOR A
NATIONAL DAY OF CONTRITION
I have lately been terrified by news all around about the rampant kidnappings happening in this country. The real terror is knowing that if it ever happens to my family (oh, heaven forbid!) I would have nothing to pay those kidnappers with but perhaps -- dig this-- my services as a lawyer. Indeed, it cannot be ignored that everyone in this country with a little money can be a target for a kidnapping.
Why did we ever get into this mess?
It occurred to me today while looking at the parking lot in Eastwood, Libis, Quezon City. The Volvos, Bmws and SUVs in that parking lot have a combined value of at least PHP 50 Million -- about a million dollars, enough money to generate hundreds of jobs for our poor people. But too bad for us, the rich people who own them have chosen to burn their money on those fancy cars. Thus, those poor people who could have taken those jobs are now plying other trades such as drug dealing and kidnapping.
Yes, kidnapping in this country is one of the curses that was brought about by the apathy of the elite.
It is time we realize this. Had the rich of this country given the poor people the chance to prosper on their own, given them jobs, given them opportunities, given them loans without charging them usurious rates, educated their children, paid their taxes properly, ran the government well, thought about them for one second -- it would not have come to this. We wouldn't be what we are today -- a rich country with lots of poor people some of whom have made a cottage industry out of kidnapping the children of the rich.
Can we ever undo the sins of the past? I don't know. Perhaps we can start by admitting that each one of us has somehow contributed to this mess. Let's say we're sorry for every selfish thing we did in this country that pushed our brethren to the dark side. Let's all make our act of contrition and let's have it on a national day.
Just one day. Let's say sorry for the selfish things we did and think about the others.
And perhaps after this one day, there will be another and another and another, until finally everyday our people, rich and poor alike, will have a genuine concern for others and find the peace and prosperity that eludes most of us.
A National Day of Contrition -- when? Today sounds like a good start.
NATIONAL DAY OF CONTRITION
I have lately been terrified by news all around about the rampant kidnappings happening in this country. The real terror is knowing that if it ever happens to my family (oh, heaven forbid!) I would have nothing to pay those kidnappers with but perhaps -- dig this-- my services as a lawyer. Indeed, it cannot be ignored that everyone in this country with a little money can be a target for a kidnapping.
Why did we ever get into this mess?
It occurred to me today while looking at the parking lot in Eastwood, Libis, Quezon City. The Volvos, Bmws and SUVs in that parking lot have a combined value of at least PHP 50 Million -- about a million dollars, enough money to generate hundreds of jobs for our poor people. But too bad for us, the rich people who own them have chosen to burn their money on those fancy cars. Thus, those poor people who could have taken those jobs are now plying other trades such as drug dealing and kidnapping.
Yes, kidnapping in this country is one of the curses that was brought about by the apathy of the elite.
It is time we realize this. Had the rich of this country given the poor people the chance to prosper on their own, given them jobs, given them opportunities, given them loans without charging them usurious rates, educated their children, paid their taxes properly, ran the government well, thought about them for one second -- it would not have come to this. We wouldn't be what we are today -- a rich country with lots of poor people some of whom have made a cottage industry out of kidnapping the children of the rich.
Can we ever undo the sins of the past? I don't know. Perhaps we can start by admitting that each one of us has somehow contributed to this mess. Let's say we're sorry for every selfish thing we did in this country that pushed our brethren to the dark side. Let's all make our act of contrition and let's have it on a national day.
Just one day. Let's say sorry for the selfish things we did and think about the others.
And perhaps after this one day, there will be another and another and another, until finally everyday our people, rich and poor alike, will have a genuine concern for others and find the peace and prosperity that eludes most of us.
A National Day of Contrition -- when? Today sounds like a good start.
Sunday, January 25, 2004
OUR ROMANCE WITH THE SOIL
(Image taken from Philippineartists.com.The copyright on the image has expired.)
In recent days, a little debate was played up in the papers between the International Rice Research Institute (IRRI) and the National Food Authority (NFA) on whether it is worthwhile for the Philippines to pursue self-sufficiency in rice production. It is quite a surprise that IRRI, the lead organization in rice research and technology, appears to be throwing in the towel, as it were. It's arguing that given that it is too expensive for the Philippines to plant and grow rice on its own, it might be better off importing rice from its neighboring countries like Thailand and Vietnam where rice is produced more efficiently and with a lot less expense.I have not been able to follow the conclusion of the debate. I, however, have been giving the proposition a lot of thought recently knowing that it is one of the side debates in this big globalization issue that has gotten this country divided.
Coming from a trip from Baguio City, I noticed that vast tracks of land in the central plains of Luzon that used to be planted with rice have started to disappear. In their place instead where Jollibee, 7-11 and Mcdonald's and other stores. This appears to be a clear indication that those folks who owned those ricelands near the highway have found it more profitable to put up the commercial shops than to maintain their farms. I guess it supports the IRRI argument somehow.
But what has gotten me into thinking is the realization that the Filipino culture is deeply rooted in farming. If we were to give up farming, then our culture will also be uprooted from the land. We are going to give up our nation's romance with the soil.
Our nation's romance with the soil has been wrought with happiness and pain. The experience has been inscribed in our poetry, songs, images, myths and stories. Yet, this early I am wondering how my kids could relate to the song "Planting Rice". My grandparents were all farmers but my parents and I have chosen the city life. My grandmother used to sing that song to me. During dinner time, when she finds that I have not cleaned up my plate, she would often say that I should eat every grain of rice on my plate because in the farm she would painstakingly pick each grain that fell from the sack and put it back with the rest. I guess, succeeding generations of my family will become less and less familiar with the song and with these words of my grandmother as members of my family become more and more detached from the soil as shown by the fact no one among us have been minding the farm. "Planting Rice", Jose Rizal's homage to the Filipino farmer, would be then just a play of words to my kids to the kids of their generation.
It's also the stories. The literature of NVM Gonzalez, who spent a lifetime writing the stories of the kaingin farmers of Mindoro, would be harder to comprehend for the new generation of readers who would not have the amazing experience of planting and growing their own food.
(Image taken from http://www.gbtate.com/auctionsales.html I believe it is now part of the public domain, although the painting remains the property of its current owner.)
And what about Amorsolo's paintings on the life in the farm? This wealth of images from our past remain valuable as they are for so long as our people can relate them to their experience. Indeed, the globalization of agriculture is not just an economic issue but also and more importantly a cultural issue. The side bar to the argument is whether we are prepared to shed our agriculural heritage -- generations of songs, images and letters -- and break from the past for the promises of the green bucks.
The next question is what are we going to be if we are not going to be farmers anymore? Our grandparents who lived through the horror of World War II decided they were sticking it out with the soil. War and famine they fought with the backbreaking work of planting and growing their own food. The generation that succeeded them have tried out the city life even going international -- doctors, nurses, construction workers, seafarers, domestic helpers, and entertainers. They are making big money, but their families are paying the price for separation. Now that the few who have decided to remain as farmers are being egged by global economics to give it up and be something else the question should not be ignored: what are we going to be if we are not going to be farmers anymore?
A few months back, CNN had a feature about the hunger in Ethiopia. They had this reporter live with the villages of Ethiopia for nine weeks and had it documented with a crew of cameramen and lightsmen. It was a little mean because while the members of the crew were allowed to bring their own food supplies, the reporter had to eat what the villagers eat. And when they had nothing to eat, the reporter also didn't eat. Thus, the documentary captured the angst and pain of hunger as reported by somebody living through the experience. What caught my attention is the fact that Ethiopia, or at least the villages that were subject of the report, did not seem to know that it was possible for them to plant and grow their own food and not to rely on aid. It didn't seem to occur to them, that the wild cabbage that they hunted could be planted and harvested with the passing of the season and that chickens could be raised from the backyard and be their food. The idea of agriculture as a way of life is simply not there.
And this brings me to my last point why I hesitate to buy IRRI's proposition of global economics: If we break away from agriculture, we may also be taking away the ability and disposition of our people to plant and grow their own food. Sure, we can probably buy food from our neighbors who may be able to produce them abundantly for many years. But how sure are we that the food they make is not going to run out one day. How sure are we that there will always be food to buy? The harder part is knowing that the moment we break away from our agricultural past, it would take years for our people to go back, if at all. Just look at Ethiopia and behold a nation which doesn't know how and does not want to feed itself. The very moment food supplying nations refuse or fail to sell us food, Ethiopia can happen to us.
In 2003, our farmers have produced 94% of our food requirements. This year, the number would probably hit 100%. But the folks in IRRI are not impressed. It's cheaper to buy rice than to plant it. The collective consciousness of the decisions makers of this world appear to be taking the road to globalization. The magnificense and beauty of a world without borders, a world where countries become increasingly dependent on each other, cannot be ignored.
(Image taken from http://members.surfeu.fi/filippiinitseura/kulttuuri.html. Again, copyright on this image I believe has expired.)
But are we really going to give up our romance with the soil? The issue of globalization is not only about economics, but also about culture, identity and national security. Surely, questions like this deserve a lot of thought and prayer.
In recent days, a little debate was played up in the papers between the International Rice Research Institute (IRRI) and the National Food Authority (NFA) on whether it is worthwhile for the Philippines to pursue self-sufficiency in rice production. It is quite a surprise that IRRI, the lead organization in rice research and technology, appears to be throwing in the towel, as it were. It's arguing that given that it is too expensive for the Philippines to plant and grow rice on its own, it might be better off importing rice from its neighboring countries like Thailand and Vietnam where rice is produced more efficiently and with a lot less expense.I have not been able to follow the conclusion of the debate. I, however, have been giving the proposition a lot of thought recently knowing that it is one of the side debates in this big globalization issue that has gotten this country divided.
Coming from a trip from Baguio City, I noticed that vast tracks of land in the central plains of Luzon that used to be planted with rice have started to disappear. In their place instead where Jollibee, 7-11 and Mcdonald's and other stores. This appears to be a clear indication that those folks who owned those ricelands near the highway have found it more profitable to put up the commercial shops than to maintain their farms. I guess it supports the IRRI argument somehow.
But what has gotten me into thinking is the realization that the Filipino culture is deeply rooted in farming. If we were to give up farming, then our culture will also be uprooted from the land. We are going to give up our nation's romance with the soil.
Our nation's romance with the soil has been wrought with happiness and pain. The experience has been inscribed in our poetry, songs, images, myths and stories. Yet, this early I am wondering how my kids could relate to the song "Planting Rice". My grandparents were all farmers but my parents and I have chosen the city life. My grandmother used to sing that song to me. During dinner time, when she finds that I have not cleaned up my plate, she would often say that I should eat every grain of rice on my plate because in the farm she would painstakingly pick each grain that fell from the sack and put it back with the rest. I guess, succeeding generations of my family will become less and less familiar with the song and with these words of my grandmother as members of my family become more and more detached from the soil as shown by the fact no one among us have been minding the farm. "Planting Rice", Jose Rizal's homage to the Filipino farmer, would be then just a play of words to my kids to the kids of their generation.
It's also the stories. The literature of NVM Gonzalez, who spent a lifetime writing the stories of the kaingin farmers of Mindoro, would be harder to comprehend for the new generation of readers who would not have the amazing experience of planting and growing their own food.
(Image taken from http://www.gbtate.com/auctionsales.html I believe it is now part of the public domain, although the painting remains the property of its current owner.)
And what about Amorsolo's paintings on the life in the farm? This wealth of images from our past remain valuable as they are for so long as our people can relate them to their experience. Indeed, the globalization of agriculture is not just an economic issue but also and more importantly a cultural issue. The side bar to the argument is whether we are prepared to shed our agriculural heritage -- generations of songs, images and letters -- and break from the past for the promises of the green bucks.
The next question is what are we going to be if we are not going to be farmers anymore? Our grandparents who lived through the horror of World War II decided they were sticking it out with the soil. War and famine they fought with the backbreaking work of planting and growing their own food. The generation that succeeded them have tried out the city life even going international -- doctors, nurses, construction workers, seafarers, domestic helpers, and entertainers. They are making big money, but their families are paying the price for separation. Now that the few who have decided to remain as farmers are being egged by global economics to give it up and be something else the question should not be ignored: what are we going to be if we are not going to be farmers anymore?
A few months back, CNN had a feature about the hunger in Ethiopia. They had this reporter live with the villages of Ethiopia for nine weeks and had it documented with a crew of cameramen and lightsmen. It was a little mean because while the members of the crew were allowed to bring their own food supplies, the reporter had to eat what the villagers eat. And when they had nothing to eat, the reporter also didn't eat. Thus, the documentary captured the angst and pain of hunger as reported by somebody living through the experience. What caught my attention is the fact that Ethiopia, or at least the villages that were subject of the report, did not seem to know that it was possible for them to plant and grow their own food and not to rely on aid. It didn't seem to occur to them, that the wild cabbage that they hunted could be planted and harvested with the passing of the season and that chickens could be raised from the backyard and be their food. The idea of agriculture as a way of life is simply not there.
And this brings me to my last point why I hesitate to buy IRRI's proposition of global economics: If we break away from agriculture, we may also be taking away the ability and disposition of our people to plant and grow their own food. Sure, we can probably buy food from our neighbors who may be able to produce them abundantly for many years. But how sure are we that the food they make is not going to run out one day. How sure are we that there will always be food to buy? The harder part is knowing that the moment we break away from our agricultural past, it would take years for our people to go back, if at all. Just look at Ethiopia and behold a nation which doesn't know how and does not want to feed itself. The very moment food supplying nations refuse or fail to sell us food, Ethiopia can happen to us.
In 2003, our farmers have produced 94% of our food requirements. This year, the number would probably hit 100%. But the folks in IRRI are not impressed. It's cheaper to buy rice than to plant it. The collective consciousness of the decisions makers of this world appear to be taking the road to globalization. The magnificense and beauty of a world without borders, a world where countries become increasingly dependent on each other, cannot be ignored.
(Image taken from http://members.surfeu.fi/filippiinitseura/kulttuuri.html. Again, copyright on this image I believe has expired.)
But are we really going to give up our romance with the soil? The issue of globalization is not only about economics, but also about culture, identity and national security. Surely, questions like this deserve a lot of thought and prayer.
Saturday, January 17, 2004
SC nullifies Pagcor online gambling contract
See Philstar Report here.
Senator Jaworski scored big points with the release of the Supreme Court decision yesterday nullifying the PAGCOR and SAGE agreement for the operation of internet gambling casinos. He argued that since the internet was invented only recently and PAGCOR's franchise was enacted in July 1983, PAGCOR's operation of a internet casino in tandem with SAGE could not have been contemplated in the franchise. The argument is as silly as a left handed hook shot from the three point lane. The basketball player turned Senator didn't know that the internet was already around as early as 1960's, although not in the grand scale prevalence that it is today.
Still, the Supreme Court managed to invalidate the PAGCOR-SAGE Agreement under the same arguments that invalidated the PAGCOR-BELLE Corporation Agreement to operate the Jai-Alai Games. Simply put, the Supreme Court ruled that the PAGCOR franchise to operate gambling casinos may not be extended to another entity, particularly a private entity.
I appreciate this point. However, what does that make of the provisions in PAGCOR's charter giving it the broad power and authority to enter into joint venture agreements with other entities? The authority to enter into joint venture agreements is all-encompassing and did not prohibit PAGCOR from entering into partnerships with a technologically capable party like SAGE. Really from a legal standpoint, the Supreme Court has been very conservative in its interpretation of the PAGCOR Charter and PAGCOR's power to enter into partnerships with the private sector.
Too bad, I was hoping that the runaway success of SAGE in the internet gambling scene would spur the growth of internet ventures by Filipinos. SAGE was a perfect experiment for Pinoy techies on how to do things right on the web, particularly in network security.
I guess the "G" word did them in. Gambling -- why is it such a polarizing word in this country? I really don't mind, especially considering that SAGE's profile of a typical online player is that of a bored housewife with the husband's gold credit card. At least, their boredom could help propel technological growth. It sounds better than gold cards being maxed out on ladies' drinks in girlie bars.
Thursday, January 15, 2004
The Amateurs in Government
Briefly, here are the reasons why the Supreme Court voided the COMELEC bidding:
1. The COMELEC resolved to award the contract to Mega Pacific Consortium on the basis of an oral report from the members of Bids and Awards Committee. The written report recommending the award to Mega Pacific came six days after the award.
This is a problem because under the Rules on bidding, the losing bidder has seven days to file a protest from the time that the winner of the bid is announced by the Bids and Awards Committee. Further the rule also states that no award should be made until the protest , if any, has been resolved. How then can the loser protest if the award is made even before the Bids and Awards Committee can write its report on the winning bid? It gives you the feeling that this contract was rammed down the COMELEC's throat or rather, it rammed the contract on its own throat, so to speak.
2. The Rules for the bidding required that bidders be a corporation, a single proprietor, or a joint venture. Mega Pacific was not one of any of these at the time of the bidding. It claimed that it was a joint venture, but it failed to submit a joint venture agreement during the bidding.
All it has to prove the existence of the joint venture is a signed receipt by its purported President. Worse -- can you dig this? -- the rules of the bidding did not appear to have required the submission of a joint venture agreement or if it did, the men who evaluated Mega Pacific's documents didn't realize it was missing. How could people miss that? A gang of kidnappers could have filed a bid and by the looks of its would have qualified as a joint venture.
3. Mega Pacific's bid failed to meet the technical criteria set by the DOST, such as accuracy rating, ability to detect previously downloaded data to prevent double counting, and ability to print audit trail. For the bidding, all they had was a "demo" version.
Obviously, the winning bid was still a work in progress, Yet, in spite of the fact that technical guidelines required more or less a finished product, the COMELEC settled for the demo copy. I am outraged. How could we be so cheap?
4. COMELEC allowed Mega Pacific to correct its "demo" software. The Supreme Court said by doing this, the COMELEC went contrary to the purpose of a public bidding because it changes the bid.
Well, because the consortium won, and yes the COMELEC had remembered that the winning software bid had to be used for the May elections, COMELEC argued that the winning demo copy of the software could be changed or improved. They shouldn't have called for a bidding then. They could have just appointed this Mega Pacific as contractor to write the software until it got the whole thing right.
5. COMELEC's unnerving assertion that the problem in the software could be corrected could not be relied upon. You can almost hear Chairman Abalos saying, "Ok na yan. Maayos did 'yan pagdating ng eleksyon." Said the Supreme Court, it's too risky to put the elections on the line with this wishful thinking.
Well, this last one really is not a legal basis but well, its the Supreme Court speaking.
A copy of the decision can be found here.
Justice Tinga's dissent can be found here. His main point is that the elections is really a province of the COMELEC and the Supreme Court should afford itself a greater restraint considering that the COMELEC is a constitutional body.
Well, good point. But apparently not enough to win the votes of the rest of the court. Besides, it's not really very comforting, considering the elementary errors that the COMELEC committed in this bidding, as discussed above.
Based on experience with government biddings, it really isn't very heard to follow the law on government procurement, which is Republic Act. No. 9184 with its implementing rules. The law and the rules clearly spell out in detail the actions that the Bids and Awards Committee will do in the conduct of the bidding. What makes the entire exercise difficult is when business interest backed up by government influence and graft money starts dictating the process. Deviations from the norm and imprudent actions begin to happen in the procurement process. You can tell, just by the simple deviations that somebody was making money.
And this is what separate the amateurs from the pros. The amateurs will balk, take the money and do what the riggers say, even to the extent of making fools of themselves in public.
The pros -- they give the riggers the finger and say, "Follow the rules you prick. It's my ass on the line!"
Just look at Chairman Abalos. Tell me if he is a pro.
Briefly, here are the reasons why the Supreme Court voided the COMELEC bidding:
1. The COMELEC resolved to award the contract to Mega Pacific Consortium on the basis of an oral report from the members of Bids and Awards Committee. The written report recommending the award to Mega Pacific came six days after the award.
This is a problem because under the Rules on bidding, the losing bidder has seven days to file a protest from the time that the winner of the bid is announced by the Bids and Awards Committee. Further the rule also states that no award should be made until the protest , if any, has been resolved. How then can the loser protest if the award is made even before the Bids and Awards Committee can write its report on the winning bid? It gives you the feeling that this contract was rammed down the COMELEC's throat or rather, it rammed the contract on its own throat, so to speak.
2. The Rules for the bidding required that bidders be a corporation, a single proprietor, or a joint venture. Mega Pacific was not one of any of these at the time of the bidding. It claimed that it was a joint venture, but it failed to submit a joint venture agreement during the bidding.
All it has to prove the existence of the joint venture is a signed receipt by its purported President. Worse -- can you dig this? -- the rules of the bidding did not appear to have required the submission of a joint venture agreement or if it did, the men who evaluated Mega Pacific's documents didn't realize it was missing. How could people miss that? A gang of kidnappers could have filed a bid and by the looks of its would have qualified as a joint venture.
3. Mega Pacific's bid failed to meet the technical criteria set by the DOST, such as accuracy rating, ability to detect previously downloaded data to prevent double counting, and ability to print audit trail. For the bidding, all they had was a "demo" version.
Obviously, the winning bid was still a work in progress, Yet, in spite of the fact that technical guidelines required more or less a finished product, the COMELEC settled for the demo copy. I am outraged. How could we be so cheap?
4. COMELEC allowed Mega Pacific to correct its "demo" software. The Supreme Court said by doing this, the COMELEC went contrary to the purpose of a public bidding because it changes the bid.
Well, because the consortium won, and yes the COMELEC had remembered that the winning software bid had to be used for the May elections, COMELEC argued that the winning demo copy of the software could be changed or improved. They shouldn't have called for a bidding then. They could have just appointed this Mega Pacific as contractor to write the software until it got the whole thing right.
5. COMELEC's unnerving assertion that the problem in the software could be corrected could not be relied upon. You can almost hear Chairman Abalos saying, "Ok na yan. Maayos did 'yan pagdating ng eleksyon." Said the Supreme Court, it's too risky to put the elections on the line with this wishful thinking.
Well, this last one really is not a legal basis but well, its the Supreme Court speaking.
A copy of the decision can be found here.
Justice Tinga's dissent can be found here. His main point is that the elections is really a province of the COMELEC and the Supreme Court should afford itself a greater restraint considering that the COMELEC is a constitutional body.
Well, good point. But apparently not enough to win the votes of the rest of the court. Besides, it's not really very comforting, considering the elementary errors that the COMELEC committed in this bidding, as discussed above.
Based on experience with government biddings, it really isn't very heard to follow the law on government procurement, which is Republic Act. No. 9184 with its implementing rules. The law and the rules clearly spell out in detail the actions that the Bids and Awards Committee will do in the conduct of the bidding. What makes the entire exercise difficult is when business interest backed up by government influence and graft money starts dictating the process. Deviations from the norm and imprudent actions begin to happen in the procurement process. You can tell, just by the simple deviations that somebody was making money.
And this is what separate the amateurs from the pros. The amateurs will balk, take the money and do what the riggers say, even to the extent of making fools of themselves in public.
The pros -- they give the riggers the finger and say, "Follow the rules you prick. It's my ass on the line!"
Just look at Chairman Abalos. Tell me if he is a pro.
Sunday, January 11, 2004
The Ring of Power
I have just seen the third installment in the sensational movie trilogy, "The Lord of the Rings", and I've been tossing on my bed because an insight is germinating in my mind. Of course, the pomp and grandeur of this film trilogy is unsurpassed. For this reason, I am placing it side by side with the Godfather series as my favorite movie series of all time. And probably, I am going to concede that it is my number one by a huge distance to the Godfather, because it has made me think.
I am thinking of the "Ring of Power" -- the one ring to rule them all. This is the heart of the adventure that sends the Fellowship of the Ring in its quest to destroy the ring by casting it in the fires of Mt. Doom. The idea is no one should possess the absolute power bestowed to the ring bearer because no one is capable of using absolute power for the good of all Middle Earth.
I've been thinking that if there is a ring bearer in real life reflecting the metaphor of the book, it has to be that jerk of a man they call Dubya. It gives you the shivers down your spine, doesn't it?
An uncle from the abroad asked how I would react to this essay. The writer appears to be a History professor out of Syracuse University who specializes in the Spanish-American transition in the Philippines. The writer makes a case for American Power. In so many words, he argues that America could be trusted to wield its enormous power because if it doesn't others which are far less trustworthy would rule the world.
And I go back to the proposition of the Lord of the Rings -- the ring of power should be destroyed because nobody, even benevolent America, could be trusted enough to possess it. And I search for that reason why the proposition has to be so. It brings me to Socrates and Plato who taught us the fundamental human condition -- "We know we do not know." We cannot know. The proposition for absolute power can only work with absolute knowledge. Good intentions are not enough. The bearer of absolute power must have absolute knowledge. The wielder of absolute power would be able to achieve what is good for all only if he is in the position to make no mistakes. And mistakes are brought about by flawed knowledge or in military parlance -- flawed intelligence.
In the context of the exercise of military power, the greatest military intelligence network, the CIA, for instance, has committed big mistakes which have caused the loss of the lives of millions. In Saddam's case, for example, the intelligence report on his weapons of mass destruction appear to be false, misleading or even fabricated. Yet the US exercising "absolute power", setting aside the position of major allies like France and other members of the Security Council, decided to go for broke on Saddam, destroying the country and trampling upon the rights of the sovereign people to determine their future. And all this for nothing. The guy turned out to be incapable of manufacturing those so-called weapons. Sure, the world is better without Saddam in Iraq, but Dubya could have done it to Gloria Arroyo and the Philippines, and it wouldn't have made a difference. Who could have stopped Dubya if he built the same case against Gloria as the perpetrator of 9/11? Colin Powell and his powerpoint galore could bring down any sitting president at will -- and notwithstanding conscientious objectors in the midst.
Absolute power without absolute knowledge is like a bazooka on the shoulders of a blind man in a world where everyone else is blind.
Tolkien is right. The best of this world is not good enough for the ring -- the hobbits, the elves, the dwarves, the wizards, the men, and most especially, the jerks. The ring must be destroyed.
Update:
Others have this to say:
1. Todd Setimo
2. James Pinkerton
3. Bearstrong.net
4. Blogs for Bush
I have just seen the third installment in the sensational movie trilogy, "The Lord of the Rings", and I've been tossing on my bed because an insight is germinating in my mind. Of course, the pomp and grandeur of this film trilogy is unsurpassed. For this reason, I am placing it side by side with the Godfather series as my favorite movie series of all time. And probably, I am going to concede that it is my number one by a huge distance to the Godfather, because it has made me think.
I am thinking of the "Ring of Power" -- the one ring to rule them all. This is the heart of the adventure that sends the Fellowship of the Ring in its quest to destroy the ring by casting it in the fires of Mt. Doom. The idea is no one should possess the absolute power bestowed to the ring bearer because no one is capable of using absolute power for the good of all Middle Earth.
I've been thinking that if there is a ring bearer in real life reflecting the metaphor of the book, it has to be that jerk of a man they call Dubya. It gives you the shivers down your spine, doesn't it?
An uncle from the abroad asked how I would react to this essay. The writer appears to be a History professor out of Syracuse University who specializes in the Spanish-American transition in the Philippines. The writer makes a case for American Power. In so many words, he argues that America could be trusted to wield its enormous power because if it doesn't others which are far less trustworthy would rule the world.
And I go back to the proposition of the Lord of the Rings -- the ring of power should be destroyed because nobody, even benevolent America, could be trusted enough to possess it. And I search for that reason why the proposition has to be so. It brings me to Socrates and Plato who taught us the fundamental human condition -- "We know we do not know." We cannot know. The proposition for absolute power can only work with absolute knowledge. Good intentions are not enough. The bearer of absolute power must have absolute knowledge. The wielder of absolute power would be able to achieve what is good for all only if he is in the position to make no mistakes. And mistakes are brought about by flawed knowledge or in military parlance -- flawed intelligence.
In the context of the exercise of military power, the greatest military intelligence network, the CIA, for instance, has committed big mistakes which have caused the loss of the lives of millions. In Saddam's case, for example, the intelligence report on his weapons of mass destruction appear to be false, misleading or even fabricated. Yet the US exercising "absolute power", setting aside the position of major allies like France and other members of the Security Council, decided to go for broke on Saddam, destroying the country and trampling upon the rights of the sovereign people to determine their future. And all this for nothing. The guy turned out to be incapable of manufacturing those so-called weapons. Sure, the world is better without Saddam in Iraq, but Dubya could have done it to Gloria Arroyo and the Philippines, and it wouldn't have made a difference. Who could have stopped Dubya if he built the same case against Gloria as the perpetrator of 9/11? Colin Powell and his powerpoint galore could bring down any sitting president at will -- and notwithstanding conscientious objectors in the midst.
Absolute power without absolute knowledge is like a bazooka on the shoulders of a blind man in a world where everyone else is blind.
Tolkien is right. The best of this world is not good enough for the ring -- the hobbits, the elves, the dwarves, the wizards, the men, and most especially, the jerks. The ring must be destroyed.
Update:
Others have this to say:
1. Todd Setimo
2. James Pinkerton
3. Bearstrong.net
4. Blogs for Bush
Friday, January 02, 2004
THE DREAM
Last New Year's Eve, I found myself straining my lungs on the notes of Matt Monro's "The Impossible Dream". It was not exactly a coincidence that the song was on cue when it was my turn to sing, I had in fact a few days earlier decided to put my career at stake on a Law Firm concept paper that came to me like an epiphany in the last week of December. The "Dream" has gotten me hooked. The song was just a befitting start for the pursuit of the Dream.
I would describe the "Dream" as a paradigm shift in the manner that legal service is delivered in this country. Briefly, the task is to align all the young law practitioners from Batanes to Jolo into one single network of lawyers. They will have a common office system developed by a head office. Knowledge, training and continuing legal education provided by the head office. Billing and collection consolidated under one roof. Everybody is then connected with a communication network of cellphones, landline, fax machines and the internet. The Dream lawyers would have a high standard of service and an ethic rooted in justice and fairness.
And the clients? How do you think Manny Pangilinan (President of PLDT) would react if I tell him that with the "Dream", he could have a competent lawyer assist any of his men anywhere in the Philippines in ten minutes? Ten Minutes -- just about the same time that it takes his Makati lawyer to open a litigation file where he can log his billable hours in his Daily Service Report. Danding Cojuangco's San Miguel delivery van driver arrested in Dipolog in a traffic accident? A Dream lawyer would be in the closest court to fix bail in ten minutes and get his man out in a few hours. The same time it would take for Danding's Makati lawyer to book a flight from Manila and get himself a nice cozy hotel suite chargeable to the Boss.
Best of all, the Dream will also serve as a network for free legal aid. With a consolidated effort, the Dream can render fast and efficient legal aid to any sector of society oppressed by the justice system. There will be plenty of causes to fight for. Right now, I think of all the prisoners in city and municipal jails who have out served the punishments for the crimes they were charged with but have somehow stayed in jail because their trials have not moved fast enough. The Dream lawyers will set them free -- all at the same time.
How is this all going to happen? Four words. Sun Tzu. Detailed Plans. I've written it down. It's possible to do it in ten years at the most. The first in the agenda is to organize the Dream Team. It's not easy, but it can be done.
I'm thinking of Bill Gates the day that he decided that from then on, Microsoft was just going to do Windows. He was putting his company at stake. DOS is out Windows is in. That's how it is going for me. It is time to take legal service in this country to the next level.
The Dream is on.
So help me God.
Last New Year's Eve, I found myself straining my lungs on the notes of Matt Monro's "The Impossible Dream". It was not exactly a coincidence that the song was on cue when it was my turn to sing, I had in fact a few days earlier decided to put my career at stake on a Law Firm concept paper that came to me like an epiphany in the last week of December. The "Dream" has gotten me hooked. The song was just a befitting start for the pursuit of the Dream.
I would describe the "Dream" as a paradigm shift in the manner that legal service is delivered in this country. Briefly, the task is to align all the young law practitioners from Batanes to Jolo into one single network of lawyers. They will have a common office system developed by a head office. Knowledge, training and continuing legal education provided by the head office. Billing and collection consolidated under one roof. Everybody is then connected with a communication network of cellphones, landline, fax machines and the internet. The Dream lawyers would have a high standard of service and an ethic rooted in justice and fairness.
And the clients? How do you think Manny Pangilinan (President of PLDT) would react if I tell him that with the "Dream", he could have a competent lawyer assist any of his men anywhere in the Philippines in ten minutes? Ten Minutes -- just about the same time that it takes his Makati lawyer to open a litigation file where he can log his billable hours in his Daily Service Report. Danding Cojuangco's San Miguel delivery van driver arrested in Dipolog in a traffic accident? A Dream lawyer would be in the closest court to fix bail in ten minutes and get his man out in a few hours. The same time it would take for Danding's Makati lawyer to book a flight from Manila and get himself a nice cozy hotel suite chargeable to the Boss.
Best of all, the Dream will also serve as a network for free legal aid. With a consolidated effort, the Dream can render fast and efficient legal aid to any sector of society oppressed by the justice system. There will be plenty of causes to fight for. Right now, I think of all the prisoners in city and municipal jails who have out served the punishments for the crimes they were charged with but have somehow stayed in jail because their trials have not moved fast enough. The Dream lawyers will set them free -- all at the same time.
How is this all going to happen? Four words. Sun Tzu. Detailed Plans. I've written it down. It's possible to do it in ten years at the most. The first in the agenda is to organize the Dream Team. It's not easy, but it can be done.
I'm thinking of Bill Gates the day that he decided that from then on, Microsoft was just going to do Windows. He was putting his company at stake. DOS is out Windows is in. That's how it is going for me. It is time to take legal service in this country to the next level.
The Dream is on.
So help me God.
Wednesday, December 17, 2003
Would it Matter if Christ Were Married?
I have just completed reading Dan Brown's Da Vinci Code, the international bestseller that has been in the New York Times No. 1 list for the past months. Copies abound in National Bookstore, so on the prodding of the wife, we bought a copy for seven hundred bucks. And shall I say -- I will never look at Leonardo Da Vinci's the "Last Supper" painting in the same way again.
No -- this book is not in the league of Umberto Eco, not even Tom Wolfe. Yes, my initial reaction after finishing the last chapter is the same reaction I had after I finished John Grisham's "The Firm" -- no more of this pulp. The film version will make the book superfluous. Might as well just wait for it.
The book is in the mold of the classic cat and mouse chase. But the chase is framed by a search for a religious relic with hints, clues and riddles to spice it up. It's a worn out cliche. Not a bad way to spend the waiting hours in the toilet, but still not good enough to disenfranchise billable hours.
Of course, I have to credit Dan Brown for bringing to my attention the biggest joke that Leonardo Da Vinci has managed to pull on all unknowing Catholics who consider his "Last Supper" painting or replicas thereof as standard piece on their dining rooms. Da Vinci has made a fool of us all.
Notably, in spite of the sparsity of any insight to the human condition in the main story, there is one question hovering on the side of this book that leaves me baffled. Would it matter if Christ were married? To be more specific, would it matter if Christ were married to Mary Magdalene? And Mary Magdalene bore Christ's children whose descendants are now believed to be in France?
Jees, I have to admit I am struggling with the question. The book's proposition -- the history of the church as popularly known is the history according to the winners -- is valid. It's the corollary, the history according to the losers or the alternative history of the Church, which is very difficult to accept. If Mary Magdalene was the true "beloved", what would that make of all the religious literature that was fed to us that forever labels her as the biblical prostitute? And will Christ be not God if Christ were married?
I don't have an answer. Funny, how pulp fiction has evolved. Now, I have to review my college notes on philosophy and theology to make sure I maintain my bearings.
I have just completed reading Dan Brown's Da Vinci Code, the international bestseller that has been in the New York Times No. 1 list for the past months. Copies abound in National Bookstore, so on the prodding of the wife, we bought a copy for seven hundred bucks. And shall I say -- I will never look at Leonardo Da Vinci's the "Last Supper" painting in the same way again.
No -- this book is not in the league of Umberto Eco, not even Tom Wolfe. Yes, my initial reaction after finishing the last chapter is the same reaction I had after I finished John Grisham's "The Firm" -- no more of this pulp. The film version will make the book superfluous. Might as well just wait for it.
The book is in the mold of the classic cat and mouse chase. But the chase is framed by a search for a religious relic with hints, clues and riddles to spice it up. It's a worn out cliche. Not a bad way to spend the waiting hours in the toilet, but still not good enough to disenfranchise billable hours.
Of course, I have to credit Dan Brown for bringing to my attention the biggest joke that Leonardo Da Vinci has managed to pull on all unknowing Catholics who consider his "Last Supper" painting or replicas thereof as standard piece on their dining rooms. Da Vinci has made a fool of us all.
Notably, in spite of the sparsity of any insight to the human condition in the main story, there is one question hovering on the side of this book that leaves me baffled. Would it matter if Christ were married? To be more specific, would it matter if Christ were married to Mary Magdalene? And Mary Magdalene bore Christ's children whose descendants are now believed to be in France?
Jees, I have to admit I am struggling with the question. The book's proposition -- the history of the church as popularly known is the history according to the winners -- is valid. It's the corollary, the history according to the losers or the alternative history of the Church, which is very difficult to accept. If Mary Magdalene was the true "beloved", what would that make of all the religious literature that was fed to us that forever labels her as the biblical prostitute? And will Christ be not God if Christ were married?
I don't have an answer. Funny, how pulp fiction has evolved. Now, I have to review my college notes on philosophy and theology to make sure I maintain my bearings.
Sunday, December 07, 2003
Problem Areas in the National Food Authority
As I bring to a close my one year stint as adviser to National Food Authority Administrator Arthur C. Yap, there are a few thoughts that need to be collected in writing for whatever its worth. After all, as NVM Gonzalez National Artist for Literature used to say, even a story about tittilating men's sexual fantasies has its own crazy social relevance.
I have to admit that the problems of the agency make it almost beyond redemption. I say almost because there is a final prescription to the problem -- abolition. But assuming this is not an acceptable solution, I have here a checklist of problems in the agency that I think represents, more or less, the problems of the entire bureauracy.
1. Balancing the budget and the expenses
Originally envisioned as a price equalizer in the grains market, the NFA's chief function is to ensure two things: 1) there is rice available for the public at any point in time 2) the price of rice is affordable to most Filipinos. The NFA is able to meet its objective, to put it in simple terms, by buying or importing rice and selling it at a loss -- i.e., rice imported at a landed cost of PHP 16 per kilo is sold at PHP 13. Why is this being done? It's because there is no other way of doing it. If NFA buys and sells rice at cost, then the existence of the agency is not necessary. If the NFA tries to make a profit on the trade, then it shouldn't be a government agency. What is the cost of this exercise? PHP 26 billion debts (and growing by the billions) guaranteed by the Government. Now don't be outraged yet. This fuzzy economics concepted in the martial law era is the primary reason why we have never gotten into a rice crisis in the last 30 years.
2. Dealing with procurement syndicates
Being a nationwide agency with about 9,000 employees, the agency naturally procures goods and services to achieve its mandate. The importation of rice, for example, is one of it's biggest ticket items. Rumors have it that past administrations who negotiated importation contracts got commissions from international rice suppliers -- something like 15 USD per ton of rice. That's BIG money. A late senator once financed a winning election campaign through this scheme. (During Arthur Yap's time in the NFA, all rice importations were bidded out on orders of the President to eliminate this commission racket.) Many service providers of the agency have been able to perpetuate themselves in the business by cornering contracts with the agency at scandalous prices. The agency's hands are often tied because the web of these syndicates includes Regional Trial Court judges who dish out injunctions against the agency to prevent it from terminating these scandalous contracts. One Regional Trial Court judge has in fact managed to land cases in his sala and issue two injunctions on separate contracts against the agency on the flimsiest most outrageous grounds.
3. Dealing with militant underpaid government workers
How does one pacify an underpaid work force when they start holding rallys and issuing out white papers?We recognize their grievance for more benefits and bigger pay but we also have have the Salary Standardization Law and the National Budget to deal with. Really, insisting on fiscal discipline when it comes to workers' salaries and benefits is like shooting yourself in the head.
4. Dealing with the noisy politicos in Congress
Try just once to deny a request from a congressman and you can be sure to spend your office hours in a congressional inquiry in aid of legislation and extortion. These congressmen are rabid. They stalk you for all sorts of favors. If you happen to find yourself in a situation where you can't deliver, you might as well go back to the private sector.
On top of the above problems, these is still the problem of managing the office work. An executive official in government signs hundreds of contracts and thousands of letters a year. He does this while juggling time for thousands of hours spent on meetings, trips and conferences and making and receiving thousands of phonecalls and probably millions of text messages. How do you make sure a wayward comma in a contract is proofread and corrected before it costs the government millions of pesos? How do you make sure a letter from a complaining citizen is acted upon before the lapse of the fifteen day period as mandated by law? How do you make sure you are just in time for that diplomatic meeting from the officials from Katmandu? What about the text message from the wife? Believe you me, it takes a superman to attend to all of these.
Now, assume for the moment that I was talking about the Presidency and not just the National Food Authority. I guess mathematically this can be done by putting an exponent to the 10th power in each of these problem areas.
I don't know why anybody will like to be in government. It's a thankless job. Most of all it is very, very, very, very, very, very, very T - O - U - G - H.
As I bring to a close my one year stint as adviser to National Food Authority Administrator Arthur C. Yap, there are a few thoughts that need to be collected in writing for whatever its worth. After all, as NVM Gonzalez National Artist for Literature used to say, even a story about tittilating men's sexual fantasies has its own crazy social relevance.
I have to admit that the problems of the agency make it almost beyond redemption. I say almost because there is a final prescription to the problem -- abolition. But assuming this is not an acceptable solution, I have here a checklist of problems in the agency that I think represents, more or less, the problems of the entire bureauracy.
1. Balancing the budget and the expenses
Originally envisioned as a price equalizer in the grains market, the NFA's chief function is to ensure two things: 1) there is rice available for the public at any point in time 2) the price of rice is affordable to most Filipinos. The NFA is able to meet its objective, to put it in simple terms, by buying or importing rice and selling it at a loss -- i.e., rice imported at a landed cost of PHP 16 per kilo is sold at PHP 13. Why is this being done? It's because there is no other way of doing it. If NFA buys and sells rice at cost, then the existence of the agency is not necessary. If the NFA tries to make a profit on the trade, then it shouldn't be a government agency. What is the cost of this exercise? PHP 26 billion debts (and growing by the billions) guaranteed by the Government. Now don't be outraged yet. This fuzzy economics concepted in the martial law era is the primary reason why we have never gotten into a rice crisis in the last 30 years.
2. Dealing with procurement syndicates
Being a nationwide agency with about 9,000 employees, the agency naturally procures goods and services to achieve its mandate. The importation of rice, for example, is one of it's biggest ticket items. Rumors have it that past administrations who negotiated importation contracts got commissions from international rice suppliers -- something like 15 USD per ton of rice. That's BIG money. A late senator once financed a winning election campaign through this scheme. (During Arthur Yap's time in the NFA, all rice importations were bidded out on orders of the President to eliminate this commission racket.) Many service providers of the agency have been able to perpetuate themselves in the business by cornering contracts with the agency at scandalous prices. The agency's hands are often tied because the web of these syndicates includes Regional Trial Court judges who dish out injunctions against the agency to prevent it from terminating these scandalous contracts. One Regional Trial Court judge has in fact managed to land cases in his sala and issue two injunctions on separate contracts against the agency on the flimsiest most outrageous grounds.
3. Dealing with militant underpaid government workers
How does one pacify an underpaid work force when they start holding rallys and issuing out white papers?We recognize their grievance for more benefits and bigger pay but we also have have the Salary Standardization Law and the National Budget to deal with. Really, insisting on fiscal discipline when it comes to workers' salaries and benefits is like shooting yourself in the head.
4. Dealing with the noisy politicos in Congress
Try just once to deny a request from a congressman and you can be sure to spend your office hours in a congressional inquiry in aid of legislation and extortion. These congressmen are rabid. They stalk you for all sorts of favors. If you happen to find yourself in a situation where you can't deliver, you might as well go back to the private sector.
On top of the above problems, these is still the problem of managing the office work. An executive official in government signs hundreds of contracts and thousands of letters a year. He does this while juggling time for thousands of hours spent on meetings, trips and conferences and making and receiving thousands of phonecalls and probably millions of text messages. How do you make sure a wayward comma in a contract is proofread and corrected before it costs the government millions of pesos? How do you make sure a letter from a complaining citizen is acted upon before the lapse of the fifteen day period as mandated by law? How do you make sure you are just in time for that diplomatic meeting from the officials from Katmandu? What about the text message from the wife? Believe you me, it takes a superman to attend to all of these.
Now, assume for the moment that I was talking about the Presidency and not just the National Food Authority. I guess mathematically this can be done by putting an exponent to the 10th power in each of these problem areas.
I don't know why anybody will like to be in government. It's a thankless job. Most of all it is very, very, very, very, very, very, very T - O - U - G - H.
Saturday, November 29, 2003
I NOMINATE DOLPHY
Make no mistake about it, Dolphy is a bigger star than FPJ. FPJ's films have started to flop. Look what happened to his last film Pakner's with Efren Bata Reyes. Not even the lure of the billiard's king could pack in the crowds. But Dolphy, his last flop was Anak ni Facifica Falayfay which was ages ago, and he has been able to recover since then.
Dolphy stands for good natured humor. If the guy can lead us to laughter, he sure can lead us to paradise.
Dolphy can sing. He doesn't mumble in hopeless monotone.
Dolphy can dance. Yes, all seventy-five years of him. He makes Gary Valenciano dance like a baby. You should see Dolphy do the cha-cha. Dolphy doesn't stoop like an old tree with branches a-swaying.
Dolphy can act. His face can express emotion -- anger, fear, sadness. Didn't he make us all cry in Ang Tatay kong Nanay? And he doesn't need fancy lines -- like "Pinuno muna ang salop... Dapat ka ng kalusin" -- to get by.
Dolphy is a good father. How can you explain 18 children by different women with not a single one of these kids harboring any resentments? At the very least, he has proven himself well in household(s) management.
Most of all, despite all the temptations, Dolphy has the good sense and humility to reject the crazy idea that having a successful movie career makes him qualified to be in public office. As he always says when asked about the prospects, "Eh paano kung manalo ako?" (What if I win?)
If we really think the elections is a movie festival, we might as well bring in the King of Comedy!
We need a man with common sense. We need a man who knows his limits. We need a man like Dolphy.
Dolphy for President!
P.S.
My complete slate for elections 2004
Dolphy for President
Bayani Agbayani for Vice-President
Senators:
Ai Ai de las Alas
Dagul
Mahal
Ruby Rodriguez
Willy Revillame
Allan K.
Ben Tisoy
Piling
Tintoy
Richie D'Horsie
Brother Eli
Palito
Make no mistake about it, Dolphy is a bigger star than FPJ. FPJ's films have started to flop. Look what happened to his last film Pakner's with Efren Bata Reyes. Not even the lure of the billiard's king could pack in the crowds. But Dolphy, his last flop was Anak ni Facifica Falayfay which was ages ago, and he has been able to recover since then.
Dolphy stands for good natured humor. If the guy can lead us to laughter, he sure can lead us to paradise.
Dolphy can sing. He doesn't mumble in hopeless monotone.
Dolphy can dance. Yes, all seventy-five years of him. He makes Gary Valenciano dance like a baby. You should see Dolphy do the cha-cha. Dolphy doesn't stoop like an old tree with branches a-swaying.
Dolphy can act. His face can express emotion -- anger, fear, sadness. Didn't he make us all cry in Ang Tatay kong Nanay? And he doesn't need fancy lines -- like "Pinuno muna ang salop... Dapat ka ng kalusin" -- to get by.
Dolphy is a good father. How can you explain 18 children by different women with not a single one of these kids harboring any resentments? At the very least, he has proven himself well in household(s) management.
Most of all, despite all the temptations, Dolphy has the good sense and humility to reject the crazy idea that having a successful movie career makes him qualified to be in public office. As he always says when asked about the prospects, "Eh paano kung manalo ako?" (What if I win?)
If we really think the elections is a movie festival, we might as well bring in the King of Comedy!
We need a man with common sense. We need a man who knows his limits. We need a man like Dolphy.
Dolphy for President!
P.S.
My complete slate for elections 2004
Dolphy for President
Bayani Agbayani for Vice-President
Senators:
Ai Ai de las Alas
Dagul
Mahal
Ruby Rodriguez
Willy Revillame
Allan K.
Ben Tisoy
Piling
Tintoy
Richie D'Horsie
Brother Eli
Palito
Tuesday, November 25, 2003
CONSTITUTIONAL LAW KILLS A DISCIPLE
I READ THE SAD NEWS RECENTLY that former Senator Miriam Santiago's youngest son AR killed himself after getting a failing mark in constitutional law. AR was a freshman law student at the Ateneo School of Law, The same school where I studied and got my law degree in 1995. It must have been really hard for the boy. And having gone through an almost similar ordeal back in my time (I got a 76, one point above the passing mark), I must say I can understand why such a small thing for people who don't understand can be such a big thing for the former senator's son.
Of the four major subjects in freshman law class (Criminal Law, Persons and Family Relations, Labor Standards and Constitutional Law 1), Constitutional Law (or "consti" in law student speak), is the toughest. It has the most number of accompanying literature -i.e., cases dating all the way back to the turn of the century, think U.S. v. Springer . Further, the number of cases is growing everyday. The recent decision in Francisco v. House of Representatives will surely be in next year's syllabus. And for politically-inclined individuals like me, constitutional law is the subject you learn to love and to hate. You love it because it's a living history. Was the 1973 Constitution validly ratified? Read Javellana v. Executive Secretary. Should Marcos be allowed to return to the Philippines? The answer is found in the Marcos v. Manglapuz twin cases. Did GMA validly assume power? It's in Estrada v. Arroyo. You hate it because it will keep you up for many nights. Each of the leading cases I mentioned above is at least 100 pages long, and there is more. Worse, in spite of all the hardwork, you will find it hard to snare. It's a language on its own. In the universe of law, constitutional law is like an entire planet and it's either you are in it or not. In my time, my teachers, Prof. Sedfrey Candelaria (also AR's prof) and Fr. Joaquin Bernas, S. J., could only help us so much. After pointing out what's important and what's not, they left their students on their own as we tried to digest, process and apply, with fear and trembling, this body of law and thought in class recitations and exams. 76 is a low mark, even humiliating, but it was enough to keep me in class.
When I took the review class with Prof. Jacinto Jimenez, I managed to get an 87 (it's a low B+ but it's still a B+). I thought I had already grasped this elusive subject then. But when I took the bar in which Constitutional Law was a three-unit exam and the bar results were released my grade was a 74! Bagsak! I could still remember the 1995 bar exams on constitutional law in which the first question was "What is social justice?" and the follow up question was "Compare the provisions of the 1935, 1973 and the 1987 Constitutions on social justice." For five minutes, I sat petrified thinking of how I was going to review for the next bar exams. All those years of toiling, photocopying cases, reading on the bus, skipping meals were all going to be lost in a question so basic, we never discussed it in class, yet so deep it cuts across generations of thought on Philippine governance and dissent. I knew I was going to flunk. It's a good thing that my other grades in the other bar subjects pulled it up and I managed to eventually pass the bar with an average in the line 8. But constitutional law sure proved to be an enigma to haunt me to this very day.
Why would a young man kill himself for flunking constitutional law? I guess he lost sight of possibilities beyond constitutional law. To a student of law, law is life and life is law and constitutional law is the law to die for. People have died for the re-establishment of the Philippine constitutional order. How many times did military adventurists try to replace it with guns, bombs and slogans? And always, this nation re-affirmed its commitment to this constitutional order. Constitutional law holds this country together and keeps it from breaking apart. Constitutional law is us. And to a young man who has dedicated himself to the study and practice of the law, the inability to grasp the essence of this rich but difficult field was a set back which could have meant the end of a promising life and career. What was left to live for? A life of mediocre existence is a life not worthy of living.
It is sad that nobody was there to console AR in his hour of need to tell him about life's possibilities beyond constitutional law or the law career. Sometimes I wonder what might have been had I received a 74 instead of 76 in my own time. For a fleeting second I could have thought of suicide, but unlike AR, I would have been able to snap out of it, guitar in tow, with a thought that I could still become a rock star, a novelist, a teacher or a farmer. It wouldn't have been a problem. But who could have known? That fleeting second could have been all that was needed to poke a gun on my head and pull the trigger. That was all it took for AR to shoot himself -- a singular moment of frustration and despair.
Who is to blame for AR's death? Is it the elitist law school system that cold-heartedly rejects those who don't make the grade? Is it the myopic Philippine society that demands that we live up to our parents' academic credentials? Is it the culture of violence that allows guns to be casually accessible to any member of the family? Or is it simply constitutional law -- the fascinating, rich, enigmatic, tough, beautiful, and elusive field of law that embodies the best and the worst of our nation's people and history?
I guess for now, it is more relevant to hope and pray that in the space and time where he is, AR, the anguished disciple, will find the possibilities that law school would not let him find in this place and in this time.
I READ THE SAD NEWS RECENTLY that former Senator Miriam Santiago's youngest son AR killed himself after getting a failing mark in constitutional law. AR was a freshman law student at the Ateneo School of Law, The same school where I studied and got my law degree in 1995. It must have been really hard for the boy. And having gone through an almost similar ordeal back in my time (I got a 76, one point above the passing mark), I must say I can understand why such a small thing for people who don't understand can be such a big thing for the former senator's son.
Of the four major subjects in freshman law class (Criminal Law, Persons and Family Relations, Labor Standards and Constitutional Law 1), Constitutional Law (or "consti" in law student speak), is the toughest. It has the most number of accompanying literature -i.e., cases dating all the way back to the turn of the century, think U.S. v. Springer . Further, the number of cases is growing everyday. The recent decision in Francisco v. House of Representatives will surely be in next year's syllabus. And for politically-inclined individuals like me, constitutional law is the subject you learn to love and to hate. You love it because it's a living history. Was the 1973 Constitution validly ratified? Read Javellana v. Executive Secretary. Should Marcos be allowed to return to the Philippines? The answer is found in the Marcos v. Manglapuz twin cases. Did GMA validly assume power? It's in Estrada v. Arroyo. You hate it because it will keep you up for many nights. Each of the leading cases I mentioned above is at least 100 pages long, and there is more. Worse, in spite of all the hardwork, you will find it hard to snare. It's a language on its own. In the universe of law, constitutional law is like an entire planet and it's either you are in it or not. In my time, my teachers, Prof. Sedfrey Candelaria (also AR's prof) and Fr. Joaquin Bernas, S. J., could only help us so much. After pointing out what's important and what's not, they left their students on their own as we tried to digest, process and apply, with fear and trembling, this body of law and thought in class recitations and exams. 76 is a low mark, even humiliating, but it was enough to keep me in class.
When I took the review class with Prof. Jacinto Jimenez, I managed to get an 87 (it's a low B+ but it's still a B+). I thought I had already grasped this elusive subject then. But when I took the bar in which Constitutional Law was a three-unit exam and the bar results were released my grade was a 74! Bagsak! I could still remember the 1995 bar exams on constitutional law in which the first question was "What is social justice?" and the follow up question was "Compare the provisions of the 1935, 1973 and the 1987 Constitutions on social justice." For five minutes, I sat petrified thinking of how I was going to review for the next bar exams. All those years of toiling, photocopying cases, reading on the bus, skipping meals were all going to be lost in a question so basic, we never discussed it in class, yet so deep it cuts across generations of thought on Philippine governance and dissent. I knew I was going to flunk. It's a good thing that my other grades in the other bar subjects pulled it up and I managed to eventually pass the bar with an average in the line 8. But constitutional law sure proved to be an enigma to haunt me to this very day.
Why would a young man kill himself for flunking constitutional law? I guess he lost sight of possibilities beyond constitutional law. To a student of law, law is life and life is law and constitutional law is the law to die for. People have died for the re-establishment of the Philippine constitutional order. How many times did military adventurists try to replace it with guns, bombs and slogans? And always, this nation re-affirmed its commitment to this constitutional order. Constitutional law holds this country together and keeps it from breaking apart. Constitutional law is us. And to a young man who has dedicated himself to the study and practice of the law, the inability to grasp the essence of this rich but difficult field was a set back which could have meant the end of a promising life and career. What was left to live for? A life of mediocre existence is a life not worthy of living.
It is sad that nobody was there to console AR in his hour of need to tell him about life's possibilities beyond constitutional law or the law career. Sometimes I wonder what might have been had I received a 74 instead of 76 in my own time. For a fleeting second I could have thought of suicide, but unlike AR, I would have been able to snap out of it, guitar in tow, with a thought that I could still become a rock star, a novelist, a teacher or a farmer. It wouldn't have been a problem. But who could have known? That fleeting second could have been all that was needed to poke a gun on my head and pull the trigger. That was all it took for AR to shoot himself -- a singular moment of frustration and despair.
Who is to blame for AR's death? Is it the elitist law school system that cold-heartedly rejects those who don't make the grade? Is it the myopic Philippine society that demands that we live up to our parents' academic credentials? Is it the culture of violence that allows guns to be casually accessible to any member of the family? Or is it simply constitutional law -- the fascinating, rich, enigmatic, tough, beautiful, and elusive field of law that embodies the best and the worst of our nation's people and history?
I guess for now, it is more relevant to hope and pray that in the space and time where he is, AR, the anguished disciple, will find the possibilities that law school would not let him find in this place and in this time.
Saturday, October 25, 2003
IT'S LAWYER TIME AGAIN
The House of Representatives has amassed enough votes to impeach Hilario Davide, Supreme Court Chief Justice, for alleged misuse of the Judiciary Development Fund. Full story here. Boy are we in trouble!
We've got issues. Can a second impeachment complaint prosper within one year from the filing and dismissal of the first? Can the Chief Justice be impeached for using his discretionary fund according to his discretion? Did Danding Cojuangco's lapdogs in Congress sign the impeachment complaint for truth and justice to prevail? Is 1 + 1 = 3?
It's a waste of parliament time. But nonetheless, the judiciary has been rocked. What I'm looking forward to now is the legal team who will comprise both the prosecution and the defense of this impeachment crazy country. I doubt it very much if the Makati lawyers will take the prosecution side this time considering that this impeachment move is very unpopular. So I don't expect to see the Mario Bautista types. An interesting point is that we might actually be seeing Estelito Mendoza back in action this time as a member of the prosecution. Atty. Mendoza is Danding Cojuangco's star lawyer and definitely the man has what it takes plus the seasoned experience to handle this job.
But whoever will represent the prosecution in this impeachment will find themselves up against real back-breaking lawyerly work. The evidence is going to be a pile of vouchers, receipts and audit reports. There is hardly enough excitement in there to rock a teapot. In other words. half the work is how to prevent the audience and jurors from falling asleep. The other half is how to make them understand how these vouchers and receipts can justify a conviction. The worse part is there is simply no case. It is an idiotic complaint. My forecast is no self-respecting lawyer will take up this case to the Senate. What we are going to see for the side of the prosecution is a bunch of incompetents who think they can achieve fame and fortune by defending the rich, powerful and stupid.
As for the defense, Davide practiced law in Cebu. So his legal team might be comprised of the legal eagles in the south. We may be looking at former President of the Integrated Bar of the Philippines, Arthur Lim to lead the defense. Further, I think the volunteer lawyers will all be in the defense. So this is where we might find the Mario Bautista types. To hell with the San Miguel Account. In this moment of darkness, I believe the lawyers will side with the just -- in the same way that the volunteer lawyers were all in the prosecution during the Estrada Impeachment.
But the work for the defense is not going to be easy either. Sure, this is an easy win. The prosecution cannot make a case. But the Senate will decide on the basis of political affiliation, unless there is overwhelming public settlement that Davide should be acquitted. So the task of the defense is not just to win but to win resoundingly. The people should be moved so the Senate will do its work. So what is the defense going to do? The legal defense is going to be esoteric -- i.e., the JDF is not a pie that is so static you can slice it into 10 and give the 8 to the employees. It is rather a wriggler that shrinks and expands during the year that even if you divided it 80-20 every month at the end of the year the summary is still not going to be 80-20. The reality of managing fund such as the JDF is you can't plan enough for it because you cannot tell how much money will go to it because it depends on the number and nature of cases being filed in all the courts in the entire archipelago.
The prosecution wiil counter this by showing the state of the judiciary -- i.e., awful looking courts, underpaid court employees, stinking court toilets, etc. -- and Davide's "alleged" abuse of discretion in the use of the funds for Supreme Court resthouses and cars. Then, they're going to insist to compute the 80-20 appropriations in the JDF as if the fund doesn't decrease and increase every day that a case is being filed. It's legally not enough basis to impeach the Chief Magistrate of the land. It's not even enough to dismiss the Supreme Court's chief accountant. But this should be outweighed overwhelmingly. I don't have the slightest idea how this can be done.
What is the endgame? I think the Senate will either shoot down the impeachment Complaint on day one on the basis of the constitutional prohibition against a second impeachment complaint within the same year of the first or Davide will be in clear jeopardy of being removed from office. But unlike the Estrada impeachment where he saw the best and brightest legal luminaries in action, the Davide Impeachment will send in the clowns.
The impeachment circus side bar is on. I'm preparing a blog exclusively for the impeachment so I can understand this crazy development. The blog is found here http://crazyimpeachment.blogspot.com At least, I have something to be excited about.
The House of Representatives has amassed enough votes to impeach Hilario Davide, Supreme Court Chief Justice, for alleged misuse of the Judiciary Development Fund. Full story here. Boy are we in trouble!
We've got issues. Can a second impeachment complaint prosper within one year from the filing and dismissal of the first? Can the Chief Justice be impeached for using his discretionary fund according to his discretion? Did Danding Cojuangco's lapdogs in Congress sign the impeachment complaint for truth and justice to prevail? Is 1 + 1 = 3?
It's a waste of parliament time. But nonetheless, the judiciary has been rocked. What I'm looking forward to now is the legal team who will comprise both the prosecution and the defense of this impeachment crazy country. I doubt it very much if the Makati lawyers will take the prosecution side this time considering that this impeachment move is very unpopular. So I don't expect to see the Mario Bautista types. An interesting point is that we might actually be seeing Estelito Mendoza back in action this time as a member of the prosecution. Atty. Mendoza is Danding Cojuangco's star lawyer and definitely the man has what it takes plus the seasoned experience to handle this job.
But whoever will represent the prosecution in this impeachment will find themselves up against real back-breaking lawyerly work. The evidence is going to be a pile of vouchers, receipts and audit reports. There is hardly enough excitement in there to rock a teapot. In other words. half the work is how to prevent the audience and jurors from falling asleep. The other half is how to make them understand how these vouchers and receipts can justify a conviction. The worse part is there is simply no case. It is an idiotic complaint. My forecast is no self-respecting lawyer will take up this case to the Senate. What we are going to see for the side of the prosecution is a bunch of incompetents who think they can achieve fame and fortune by defending the rich, powerful and stupid.
As for the defense, Davide practiced law in Cebu. So his legal team might be comprised of the legal eagles in the south. We may be looking at former President of the Integrated Bar of the Philippines, Arthur Lim to lead the defense. Further, I think the volunteer lawyers will all be in the defense. So this is where we might find the Mario Bautista types. To hell with the San Miguel Account. In this moment of darkness, I believe the lawyers will side with the just -- in the same way that the volunteer lawyers were all in the prosecution during the Estrada Impeachment.
But the work for the defense is not going to be easy either. Sure, this is an easy win. The prosecution cannot make a case. But the Senate will decide on the basis of political affiliation, unless there is overwhelming public settlement that Davide should be acquitted. So the task of the defense is not just to win but to win resoundingly. The people should be moved so the Senate will do its work. So what is the defense going to do? The legal defense is going to be esoteric -- i.e., the JDF is not a pie that is so static you can slice it into 10 and give the 8 to the employees. It is rather a wriggler that shrinks and expands during the year that even if you divided it 80-20 every month at the end of the year the summary is still not going to be 80-20. The reality of managing fund such as the JDF is you can't plan enough for it because you cannot tell how much money will go to it because it depends on the number and nature of cases being filed in all the courts in the entire archipelago.
The prosecution wiil counter this by showing the state of the judiciary -- i.e., awful looking courts, underpaid court employees, stinking court toilets, etc. -- and Davide's "alleged" abuse of discretion in the use of the funds for Supreme Court resthouses and cars. Then, they're going to insist to compute the 80-20 appropriations in the JDF as if the fund doesn't decrease and increase every day that a case is being filed. It's legally not enough basis to impeach the Chief Magistrate of the land. It's not even enough to dismiss the Supreme Court's chief accountant. But this should be outweighed overwhelmingly. I don't have the slightest idea how this can be done.
What is the endgame? I think the Senate will either shoot down the impeachment Complaint on day one on the basis of the constitutional prohibition against a second impeachment complaint within the same year of the first or Davide will be in clear jeopardy of being removed from office. But unlike the Estrada impeachment where he saw the best and brightest legal luminaries in action, the Davide Impeachment will send in the clowns.
The impeachment circus side bar is on. I'm preparing a blog exclusively for the impeachment so I can understand this crazy development. The blog is found here http://crazyimpeachment.blogspot.com At least, I have something to be excited about.
Thursday, October 23, 2003
TEMPTATIONS
Trust me FPJ, you don't want this aggravation.
I'm pretty sure in your youth, some girl might have trapped you in a corner and dropped her panties. She might have been your type, flawless skin, pearly white teeth, big boobs and peppermint breathe. What did you do? Did you put on the hard on and pump away? Heck, you thought it was for free. Or did you do the alternative -- pull up her panties and go home to your wife?
It takes a real man to deal with these situations.
Now that lady is back. Her name is Power. You don't know her. Hardly anybody knows her. She is offering you a moment in history. Oh, it must be really a pleasure. But there is a payback time and you don't know the price.
Its a classic situation that I never saw in your movies.
But it happens everyday in literature and real life. Sometimes, she comes in the form of money. But normally, she's only one of these things: sex, power and wealth. So how do you deal with this girl?
Take a look at your precedents:
1. The cab driver who found PHP 18,500 in his cab.
2. The waiter who found 100,000 USD in Sulu Hotel
3. Faust
4. Thomas More
5. Thomas Becket
6. Jesus Christ
What do you do now? Trust me. Learn from whatever lessons you learned when this lady first came in the form of a beautiful woman who dropped her panties. The results are guaranteed.
Trust me FPJ, you don't want this aggravation.
I'm pretty sure in your youth, some girl might have trapped you in a corner and dropped her panties. She might have been your type, flawless skin, pearly white teeth, big boobs and peppermint breathe. What did you do? Did you put on the hard on and pump away? Heck, you thought it was for free. Or did you do the alternative -- pull up her panties and go home to your wife?
It takes a real man to deal with these situations.
Now that lady is back. Her name is Power. You don't know her. Hardly anybody knows her. She is offering you a moment in history. Oh, it must be really a pleasure. But there is a payback time and you don't know the price.
Its a classic situation that I never saw in your movies.
But it happens everyday in literature and real life. Sometimes, she comes in the form of money. But normally, she's only one of these things: sex, power and wealth. So how do you deal with this girl?
Take a look at your precedents:
1. The cab driver who found PHP 18,500 in his cab.
2. The waiter who found 100,000 USD in Sulu Hotel
3. Faust
4. Thomas More
5. Thomas Becket
6. Jesus Christ
What do you do now? Trust me. Learn from whatever lessons you learned when this lady first came in the form of a beautiful woman who dropped her panties. The results are guaranteed.
Sunday, October 19, 2003
SO LONG DUBYA!
Yesterday's State Visit to the Philippines by US President George W. Bush ended with much funfare and was deemed a rousing success by all the people who prepared for it.
I have always looked at US Presidents with great awe even after my political awakening, as it were, in my college days. After all, it is quite a feat to become President of the most powerful nation in the world. And I am just "some lawyer from the Philippines." But DUBYA, I still think he cheated Al Gore in Florida and he cheated the world and the UN in Iraq. Now, he's cheating everyone again to undo what he has done in Iraq. What a guy!
That's why I think the seven leftists congressmen who walked out on him as Mr. Bush addressed a Joint Session of the Philippine Congress really did us proud. See Inquirer report here. Giving him the finger would have sufficed. But. oh the guys needed to make it appear dramatic so they walked out just as people sat to hear the buffoon speak. Nonetheless, the message has been sent. Mr Bush as president of the US, with whom the Philippines has so much to thank for, will get his warm welcome and hospitality from this Third World Nation. But no way is he going to go thinking he has fooled everyone in this country. And special mention goes to Cong. JV Bautista who unfurled the peace flag before George W. could mumble his anti-terror rhetorics at the podium. Great going Bayan Muna Representatives. You did not fail this nation. You made my vote very much worth it.
Yesterday's State Visit to the Philippines by US President George W. Bush ended with much funfare and was deemed a rousing success by all the people who prepared for it.
I have always looked at US Presidents with great awe even after my political awakening, as it were, in my college days. After all, it is quite a feat to become President of the most powerful nation in the world. And I am just "some lawyer from the Philippines." But DUBYA, I still think he cheated Al Gore in Florida and he cheated the world and the UN in Iraq. Now, he's cheating everyone again to undo what he has done in Iraq. What a guy!
That's why I think the seven leftists congressmen who walked out on him as Mr. Bush addressed a Joint Session of the Philippine Congress really did us proud. See Inquirer report here. Giving him the finger would have sufficed. But. oh the guys needed to make it appear dramatic so they walked out just as people sat to hear the buffoon speak. Nonetheless, the message has been sent. Mr Bush as president of the US, with whom the Philippines has so much to thank for, will get his warm welcome and hospitality from this Third World Nation. But no way is he going to go thinking he has fooled everyone in this country. And special mention goes to Cong. JV Bautista who unfurled the peace flag before George W. could mumble his anti-terror rhetorics at the podium. Great going Bayan Muna Representatives. You did not fail this nation. You made my vote very much worth it.
Saturday, October 18, 2003
WELCOME DUBYA!
By the way, Paul Krugman sent us this note from the New York Times,
"George W. Bush is like a man who tells you that he's bought you a fancy new TV set for Christmas, but neglects to tell you that he charged it to your credit card, and that while he was at it he also used the card to buy some stuff for himself. Eventually, the bill will come due — and it will be your problem, not his."
In spite of that, we've prepared a party for you. Have a nice time sir!
By the way, Paul Krugman sent us this note from the New York Times,
"George W. Bush is like a man who tells you that he's bought you a fancy new TV set for Christmas, but neglects to tell you that he charged it to your credit card, and that while he was at it he also used the card to buy some stuff for himself. Eventually, the bill will come due — and it will be your problem, not his."
In spite of that, we've prepared a party for you. Have a nice time sir!
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