Requiescat in Pace
Antonio D. Bernardo
Peter Y. Wong
Buenaventura Corpuz
Conchita S. Bernardo
Jebb B. Bayocot
Monthly Archives: October 2006
31
Oct
In Memoriam
25
Oct
The Explainer Explained, Again
Thanks to the holiday, I saw another episode of The Explainer, and I guess it is time to revisit my comments on a previous episode that I saw, and see if there are any changes.
The topic yesterday was about Capitol Planning – the country’s attempts to establish a national capital. It was an interesting look at our previous attempts to build our own Washington, DC or Paris. From Daniel Burnham’s City Beautiful to the current ideas of moving the capital to Subic or Clark, these series of plans were partially implemented but never completed.
The use of pictures and drawings made the show more concrete in terms of how the plans looked like. It would have been great if shots from Google Earth or Wikimapia were used to trace the visible aspects of the implementation of the plans (the so-called Diliman Quadrangle is very visible via Google Earth and Wikimapia).
The irritating movement done before by the explainer was gone, thankfully. The director should next time position the explainer near the left side of the TV screen (stage right), to maximize the visuals behind him.
The explainee, Patricia Evangelista, did well, asking questions, making comments. The guest, Paolo Alcazaren, is a competent resource person (I used to read his column at the Philippine Star whenever I get a copy) and knows his history well.
Overall, the show has improved since the last episode that I saw. More polish in the way visuals are presented, and more camera angles, will make the show better.
This show (and the people behind it) should be commended for educating us about issues that really matter. Please continue the great work.
As for the topic itself: Sadly, we are great planners, but we always come out short in the end. Ramos should be chided for building that Centennial Expo; he should have built a national stadium, one building that this country really needs. Or he should have instead commissioned another plan, and have Congress make a law for its implementation.
25
Oct
SC Silences Sigaw, 8-7
The Supreme Court has junked the Sigaw-ULAP initiative, in a close vote, 8-7.
The Supreme Court thinks that the Sigaw-ULAP initiative is moot because of the following:
1. The Initiative Petition Does Not Comply with Section 2, Article XVII of the Constitution on Direct Proposal by the People
The explanation is more on procedural matters than anything else. The issue that the Court finds most grave is the fact that the Sigaw-ULAP group asked the people to sign without even showing the entire proposed amendments! Thus, as DJB says, the first reason that the Sigaw petition was junked because it was insufficient in form!
NB: This is really a tech-savvy Court. It used the Web to find the ULAP resolution, which ULAP had failed to present the Court. Maybe ULAP was hiding something – read the ULAP resolution here.
NB: Heck, the Court can’t even stop itself taking a snipe against you-know-who:
The Lambino Group claims that their initiative is the “people’s voice.” However, the Lambino Group unabashedly states in ULAP Resolution No. 2006-02, in the verification of their petition with the COMELEC, that “ULAP maintains its unqualified support to the agenda of Her Excellency President Gloria Macapagal-Arroyo for constitutional reforms.” The Lambino Group thus admits that their “people’s” initiative is an “unqualified support to the agenda” of the incumbent President to change the Constitution. This forewarns the Court to be wary of incantations of “people’s voice” or “sovereign will” in the present initiative.(Emphasis mine)
2. The Initiative Violates Section 2, Article XVII of the Constitution Disallowing Revision through Initiatives
Here the Court made a distinction between an amendment and a revision. I agree with the Court’s observation on this matter, so I quote lengthily:
Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution. On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended.
In California where the initiative clause allows amendments but not revisions to the constitution just like in our Constitution, courts have developed a two-part test: the quantitative test and the qualitative test. The quantitative test asks whether the proposed change is “so extensive in its provisions as to change directly the ‘substantial entirety’ of the constitution by the deletion or alteration of numerous existing provisions.” The court examines only the number of provisions affected and does not consider the degree of the change.
The qualitative test inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will “accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.” Whether there is an alteration in the structure of government is a proper subject of inquiry. Thus, “a change in the nature of [the] basic governmental plan” includes “change in its fundamental framework or the fundamental powers of its Branches.”[38] A change in the nature of the basic governmental plan also includes changes that “jeopardize the traditional form of government and the system of check and balances.”
Under both the quantitative and qualitative tests, the Lambino Group’s initiative is a revision and not merely an amendment. Quantitatively, the Lambino Group’s proposed changes overhaul two articles – Article VI on the Legislature and Article VII on the Executive – affecting a total of 105 provisions in the entire Constitution.[40] Qualitatively, the proposed changes alter substantially the basic plan of government, from presidential to parliamentary, and from a bicameral to a unicameral legislature.
A change in the structure of government is a revision of the Constitution, as when the three great co-equal branches of government in the present Constitution are reduced into two. This alters the separation of powers in the Constitution. A shift from the present Bicameral-Presidential system to a Unicameral-Parliamentary system is a revision of the Constitution. Merging the legislative and executive branches is a radical change in the structure of government.
NB: The Court observed that the best way to revise the Charter is through a deliberative body.
NB: The Court used the term logrolling – a petition containing an unrelated subject matter. In argumentation, it is similar to the fallacy of complex, or loaded, question.
3. A Revisit of Santiago v. COMELEC is Not Necessary
Why? Because the Sigaw petition did not even comply with the basic requirements of Section 2, Article XVII of the Constitution regarding amendments and revisions! As the Court had said: “An affirmation or reversal of Santiago will not change the outcome of the present petition.”
I have scanned Justice Puno’s dissenting opinion, and he seems to disagree on almost everything that Justice Carpio has written. I leave the comments on that dissenting opinion to others.
23
Oct
Big Mouths, Pawns, and 2007 Elections
Raul Gonzalez is at it again.
Known for his uncontrollable mouth, the target this time of his comment is the Chief Justice of the Supreme Court of the Philippines, Artemio Panganiban. The Secretary commented that the Chief Justice should refrain from appearing in social functions and giving comments to the media.
Panganiban is a high-profile chief justice; from all the chief justices that I know (Narvasa, Davide, Panganiban), he is the most vocal. While I agree that this might cast doubt on the impartiality of the chief justice, Gonzalez should have the propriety and proper breeding to know that his comment is uncalled for. After all, he is part of a branch that is co-equal with the judiciary, and his comment has the effect of effectively telling Panganiban to shut up. Gonzalez, who was disbarred, should know better.
Mr. Gonzalez, is Mr. Panganiban a puppet of your boss?
—
The same can be said to Gloria Arroyo and Jose de Venecia. In a forum attended by jurists from around the world, the two had called on the Philippine Supreme Court to uphold the people’s initiative being led by Sigaw-Ulap coalition.
Mr. de Venecia, the proper forum for doing so is in the session hall of the Supreme Court. You went out of bounds. Is Mr. Panganiban a puppet of your boss?
—
DJB claims that time is running out for all Chacha plans, and that an opposition Senate is in the offing, thus making Arroyo’s impeachment possible. John Marzan disagrees.
Both are essentially correct. All surveys show an opposition gaining the upper hand in the Senate. However, as long as the House is in Arroyo’s hands, impeachment is close to impossible. Therefore, two things must happen: an opposition House and clean elections in 2007.
I hope that once its opposition to Chacha has finished, One Voice will concentrate on a campaign for clean elections in 2007, and a wide, grassroots education of voters on voting wisely.
—
MLQ3‘s column for today, “Advertising a Threat“, shows the real gameplan behind all the Chacha moves, and the end moves in case of defeat – a simulated people power, which can turn violent, which in turn, will force Arroyo to use her military powers.
I pity the pawns of this game – Abueva, Ramos, et al – intellectuals who willingly surrendered their intellect to advance their lost causes. After all, pawns are usual sacrifices to save the queen.
23
Oct
Blood Generation
Yesterday, I was at Quezon City General Hospital to donate blood. Here’s a shot of my arm during the “bleeding”:
(Click on the image to enlarge)
My aunt is due for an operation, and as per hospital policy, she needs to present blood donors to replace the blood units that will be used in her operation. So I was tagged together with my cousin-in-law. The cousin-in-law was rejected as a suitable donor because he went to Mindoro last month (Mindoro is – I think unfairly – tagged as malaria country, together with Palawan).
I was actually hesitant to donate blood; it would be my first time, if ever, and I have an aversion to hospitals in general and to syringes and needles in particular. When I was tagged as a donor, I was hoping for a lot of things so that I would be rejected as a blood donor – high blood pressure, high blood sugar, etc. (If you don’t like to donate blood, have a tattoo, or have your ears pierced).
So, yesterday morning, after filling up a form, my weight, blood pressure, and pulse were recorded (aside from being overweight at 75 kilos, my blood pressure was normal at 120/80). Then I was asked to buy several things: surgical gloves, syringe, medical slides. I was up for blood testing. Uh-oh. I passed the first screening.
After buying those things, I went to the doctor. He tied a rubber band on my left arm, looked for a suitable blood vessel, inserted a needle (ouch!), and took some blood. Placing a cotton ball wet with alcohol on the inserted needle, he pulled it out, and it was over. I was asked to wait outside the “bleeding” room.
A few minutes later, I was asked by the nurse the last time I ate, and I told her six am. She replied back that I refrain from eating until the donation is over. Uh-oh. I passed the second screening.
Then the moment of truth. I was asked to go inside, went to the sink, and washed my right arm with water and liquid soap. After that, to the bed. The doctor passed to the technician a blood bag, which has a two-inch long needle. She (the technician) tied a rubber band on my right arm, wet it with Betadine and alcohol, looked for a large blood vessel, and poked me with the two-incher (super ouch!).
It was surreal. I thought I would feel something (aside from the pain coming from the poke), like getting dizzy or feeling tired. But I felt nothing, really, except from numbness in the right arm due to the rubber band and from the open-close movement of my hand.
I thought I would faint when I saw blood flowing out from me. No such thing, though. I even took a picture. It lasted for 15 minutes or so, in the process watching At Home Ka Dito. I was asked to rest, and I thought I would finish It Started With A Kiss. When the doctor was about to lock the door, I asked if I could go out already. So I went home (alone), with limited movement in my right arm.
I am not sure if I can do it again, but I still have three months to go before I can give blood again. Cross the bridge when I get there.
LOGGINS TRIVIA:
My blood type is O.
18
Oct
A Modern Parable
Once there was a learned man who studied philosophy. He was so fascinated by the concept of the golden mean that he applied it in every aspect of his life.
One day, he was confronted with a problem. He believes in a religion, and the beliefs of that religion call for austerity, simplicity, and honesty, and a deity that is good and just. The religion also preaches that there is an anti-deity that urges the people to do the opposite of what the deity imposes. The religion also preaches that while the deity frowns upon submitting to the rule of the anti-deity, the deity is just and forgiving.
Seeing this loophole in the beliefs, and thinking about the golden mean, the learned man said to himself “Why not have the best of both worlds? Why suffer when you can have all the fun? After all, the deity is just and forgiving. All I have to do is to confess at the end of the day, and I get a clean slate.”
So the learned man retained his belief in the deity while committing all the no-nos that his religion preaches about. At the end of the day, he went to the temple to confess. He did these all throughout his life.
Then the learned man died. His soul entered the hall of justice, where the deity was seated. The deity asked the learned man’s soul, “Who is your master?”
The learned man replied, “The supreme creator, the deity who is good and just.”
The deity asked back in reply, “What did you do on earth when you were alive?”
The learned man was not able to reply. He knew deep in his heart that he served the anti-deity too.
The deity, while good and just, was furious. “While you think there was a loophole in my justice, while you abused my goodness and forgiveness, while you profess that I am your master, you did all that is opposite of my commands. You confess that I am your master yet you serve another one. You wanted to have the best of both, now you will get none. I reject you as you rejected me. Be gone from my sight!”
The learned man’s soul sadly left the hall of justice and went to the anti-deity’s casino castle.
The anti-deity asked the learned man, “Why are you here?”
The learned man’s soul replied, “I was banished by the deity.”
“Hah! Trying to have the best of both of us! I have no place for you here! Out of my sight!” the anti-deity replied with malice.
And so, without a master, without a home, the poor learned man’s soul roamed the earth forever.
17
Oct
Total Eclipse of the Sun
Last week, I applied for a Sun Cellular line. Today I received a text message from a Sun representative telling me that my proof of income is “insufficient“, that I need to submit more proof. I told the representative, via text, to cancel my application.
Geesh. I should have called instead of replying via SMS. Heck, they were decent enough to reject my application by euphemistic language, and via SMS for that matter. I’ll stick to my almost 4-year Smart line (and I shove that to your ass, sucky Sun).
And that also means one thing: sorry, ex, no unlimited texting between you and me. Maybe we are not really meant for each other.
The weekend was, as usual, stay-at-home.
17
Oct
Mytobs on the Loose
Of all the known computer worms, Mytob was the most resilient and busy. For several months last year, there was at least one new Mytob variant discovered in a month. (See this Techweb article dated April 11, 2005.)
Trend Micro reports two new variants of this worm: WORM_MYTOB.KJ and WORM_MYTOB.JP. And today, I had received a total of 11 emails (all within an hour) containing an attached copy of WORM_MYTOB.FC. MYTOB.FC is an old variant already, discovered last May 2005.
Users are advised to update their anti-virus applications and be careful in handling email messages (specially with executable and/or double-extension files) coming from unknown sources (and even from known sources). BTW, Thunderbird usually tags Mytob emails as junk/spam, so that’s another added protection for users.