27
Mar

The circle is complete: background

I believe that it is best that lawyers explain to us what Neri v. Ermita means. However, that doesn’t – and shouldn’t – deter us mere laymen from perusing the said decision, comprehending what the justices wanted to say (and hide, obfuscate, or justify), understanding what the decision meant, and analyzing its impact on our daily lives and on our country.

I will try to summarize the decision in several posts.

BACKGROUND:

Romulo Neri testified before the Senate Blue Ribbon, Trade, and Defense Committees about the aborted National Broadband Network. He was asked several questions, but refused to answer three questions:

a)Whether the President followed up the (NBN) project?

b)Were you dictated to prioritize the ZTE?

c)Whether the President said to go ahead and approve the project after being told about the alleged bribe?

He refused to answer these questions, citing executive privilege. He then refused to attend subsequent hearings. Executive Secretary Eduardo Ermita instead sent a letter stating the claim of executive privilege:

Maintaining the confidentiality of conversations of the President is necessary in the exercise of her executive and policy decision making process. The expectation of a President to the confidentiality of her conversations and correspondences, like the value which we accord deference for the privacy of all citizens, is the necessity for protection of the public interest in candid, objective, and even blunt or harsh opinions in Presidential decision-making. Disclosure of conversations of the President will have a chilling effect on the President, and will hamper her in the effective discharge of her duties and responsibilities, if she is not protected by the confidentiality of her conversations.

The context in which executive privilege is being invoked is that the information sought to be disclosed might impair our diplomatic as well as economic relations with the People’s Republic of China. Given the confidential nature in which these information were conveyed to the President, he cannot provide the Committee any further details of these conversations, without disclosing the very thing the privilege is designed to protect.

Because of his refusal to attend the committee hearings, an arrest order was issued against Neri. He then filed a petition to the Supreme Court to stop the Senate from compelling him to answer the three questions, and to revoke the arrest order.

I have converted the decision by Justice de Castro and the dissent by Chief Justice Puno into PDF. You can get them here:

* The decision by Justice Teresita de Castro on GR No, 180643, Neri v. Ermita
* Dissenting opinion by Chief Justice Reynato Puno on GR No. 180643, Neri v. Ermita

25
Mar

SC votes 9-6 in favor of executive privilege

From ABS-CBN News:

SC votes 9 to 6, rules Arroyo-Neri talks on NBN are secret

The Supreme Court today sustained the principle of executive privilege over Congress’ right to information, according to abs-cbnNEWS/Newsbreak sources.

Voting 9 to 6, the SC sustained former Socio-economic Planning Secretary Romulo Neri’s defense that the Senate cannot force him to answer questions covered by executive privilege.

The ruling was penned by SC Associate Justice Teresita de Castro.

This gives the Office of the President the upper hand in its protracted power struggle with the Senate on whether officials of the executive branch should appear in Senate hearings in aid of legislation.

The Senate is presently investigating allegations of irregularity in the $329 million NBN-ZTE contract, and the SC decision could prematurely put an end to the inquiry.

The ruling may also quash efforts by the opposition-dominated Senate to finally pin down President Arroyo to the anomalous deal, after revelations by witnesses that First Gentleman Mike Arroyo and other close allies were dipping their hands into the project.

However, the Supreme Court voted 10 to 5 on whether the Senate’s arrest warrant and procedure on Neri were valid.

This means Neri will have to appear before the Senate but he cannot answer questions covered by executive privilege.

From GMA News:

It’s 9 vs 6: SC favors Neri’s plea vs ZTE probe – sources

In a 9-6 vote, the Supreme Court on Tuesday granted the petition of Romulo Neri, former socio-economic planning secretary, to hinder the Senate from grilling him on the alleged anomalies in the $329.48-million National Broadband Network project with China’s Zhong Xing Telecommunications Equipment, Corp.

Two well-placed sources from the high court said that nine of the justices that included newly appointed justice Arturo Brion voted in favor of the petition, which sought the invocation of executive privilege in relation to Neri’s communication with President Gloria Macapagal Arroyo on the botched NBN-ZTE deal.

The sources said that Chief Justice Reynato Puno, and associate justices Consuelo Ynares-Santiago, Alicia Austria-Martinez, Conchita Carpio-Morales, and Adolfo Azcuna were among those who went against Neri’s petition.

Neri, who filed the suit in his capacity as former director of the National Economic Development Authority, claimed that the three questions posed to him during his first and only Senate appearance last year were privileged communications covered by the principle of executive privilege and which can only be divulged during an executive session.

The three questions are whether the President followed up the NBN-ZTE project with Neri; whether he was told by the President to prioritize the NBN-ZTE project; and whether the President told him to go ahead with the project after learning of the massive bribe offer.

Neri’s invocation of executive privilege on these questions had prompted senators to cite him for contempt. The Senate also issued an arrest warrant against Neri after he refused to attend the inquiry into the NBN-ZTE deal.

At the Palace, Press Secretary Ignacio Bunye said MalacaƱang “respect(s) the decision of the Supreme Court.

“We hope that, looking forward, the Senate and the Executive can work out mutually acceptable rules on appearances in Senate inquiries in aid of legislation, which will guarantee the rights of resource persons and parties affected by congressional hearings, as stipulated by the Constitution,” he said.

24
Mar

2010 Philippine Elections: Important issues, 4

Janette Toral posted a call for a discussion of issues relevant to the 2010 Philippine presidential elections, tagging a lot of bloggers in the process.

Instead of one post, I will make a series of post about this topic, and it will be an issue or two per post, hopefully. For every post, I will state an issue, explain why it should be an issue, and share my thoughts on the issue.

In this post, let me tackle something that is close to every Filipino’s heart (or stomach): rice.

In a previous post, I noted the Agriculture Secretary’s call to restaurants and fast food chain stores to reduce their serving of rice, yet the official stance of this regime is that there is no rice crisis nor shortage. However, Arthur Yap’s call, and the fact that Gloria Arroyo had to begask Vietnam for a guaranteed supply of rice speak otherwise.

Your grandparents (or maybe your parents) might have told you once or twice that the Philippines used to be a net exporter of rice. You might have heard an old citizen lament about the current situation. Now that we have become a net importer of rice, we are now dependent on the vagaries of the world rice market, and a contraction in rice supply worldwide affects this country greatly.

The Philippines remains an agricultural country. The fact that we are facing a shortage in the supply of rice is ironic. How have we come to this state?

The agrarian reform situation is a failure. The Sumilao case is a good example (though it seems a compromise has been reached). Also, some beneficiaries had sold their land due to debts incurred in tilling the land – of course, farmers had to buy seeds and fertilizers. The unabated land conversion is another problem – for local governments, conversion means more income via taxes.

Then we have the related infrastructure problems. For farming to be productive, good irrigation is a must. The same can be said for post-harvest facilities – including grain warehouses, modern farming equipment, and farm-to-market roads. It is said that our level of farming is stuck to the 1940s.

For our farmers to be self-sufficient, we must make farming productive. Without the right infrastructure, and pricing their produce very low, farming will remain a losing enterprise.

Why is this an issue? Food sufficiency is important for the country. It means we will no longer be dependent on imports. It means our food supply is not dependent on world price fluctuations. Food sufficiency should be addressed immediately. All sectors involved should have a master plan, preferably legislated so that it could withstand changes in leaders.

What do you think should be done to insure food sufficiency?

Previously:

* 2010 Philippine Elections: Important issues, 1
* 2010 Philippine Elections: Important issues, 2
* Eleksyon sa 2010: Mga mahalagang isyu, 3

18
Mar

On citizen journalism

In your opinion, is citizen journalism a good thing or a bad thing (for the readers, for citizen journalists, for journalism, for the country)? Why?
To be honest, I am quite leery of the citizen journalist tag. I have loads of respect to hardworking journalists – the pay is usually low, and yet they work hard. They subscribe to a code of ethics. Now, how does a citizen journalist enter the picture? In the first place, how do we define citizen journalism? Wikipedia defines it as ‘is the act of citizens “playing an active role in the process of collecting, reporting, analyzing and disseminating news and information”.’ (http://en.wikipedia.org/wiki/Citizen_journalism). In short, a citizen journalist acts like a journalist minus (1) technical training, (2) affiliation to any news organization, and (3) adherence to journalism code of ethics. How can we be so sure that a citizen journalist will present factual and correct news?

That being said, the negative aspect of citizen journalism is exposed – like traditional news organizations, citizen journalism can be a source of bad or tainted news. At least for journalists, they have a code of ethics to abide to, and they have editors to check on them. There is a much higher tendency to get false information from a PR person impersonating as a citizen journalist, for example. Then there is the question of objectivity.

However, citizen journalism plays a big part for several reasons:

1. Not every news item sees the light of day, due to limitations in space, time, or editorial considerations (ie, news worthiness). Citizen journalism can fill this void, by reporting what is happening in certain locality.
2. It can serve as a good source of information, specially if a news organization logistically cannot cover the entire country.
3. Fact-checking against traditional news media.

All things considered, I think citizen journalism is a good thing. If citizen journalists adhere to a code of ethics, and if they get proper training, I think citizen journalism will contribute to the exchange of information.

Do you think there is a need for citizen journalists in our country?
Yes, specially since we live in an archipelago. We cannot possibly get the complete information from traditional news sources; citizen journalists can somehow fill this gap.

Do you think there will be more citizen journalists in the future?
In the near future, as in 5 years? No, for several reasons. One, we have a low Internet access penetration rate, and that translates to a small number of people getting exclusive Internet access. It is safe to say that many people access the Internet via rentals, and with a limited time, blogging will be hard (unless you write your thoughts first). Second, most of the bloggers that we have are not interested in writing about political and social issues, and the net increase will probably result in the same situation as we have now – political bloggers as minority in the Philippine blog space.

Questions by Stephanie Ferrer
Additional insights from The Jester-in-Exile

I wish we can get insights from journalists who are also bloggers:

* Ellen Tordesillas
* Manuel L. Quezon III
* Jove Francisco
* Ricky Carandang
* Max Limpag
* John Nery

17
Mar

The Half-Rice Club: Care to join?

The weekends saw me hearing the news on TV and radio (err.. Teleradyo) of the Secretary of Agriculture Arthur Yap calling on restaurants to serve half-rice instead of the usual fare. Heck, he even said that the State can use its police powers to enforce the half-rice directive, in case restaurants are recalcitrant.

For the first time, I am in support of a government initiative.

Yap’s idea is good. It is about time, actually. I am troubled by the increasing number of obese people nowadays, and I think serving half-rice will help in reducing obesity. We keep on hearing diatribes from dietricians and nutritionists calling on people to watch their diet, but only to see more obese people nowadays. So a government intervention might be part of the solution to the obesity problem. To be effective, not only should the serving of rice be halved, the price should be increased, too. Make it prohibitive, so that only those who can afford it can get it. This minimized the number of people who can get obese.

Second, it is about time to wean the Filipino people away from dependency on rice. We are a fast-industrializing country on the verge of attaining a first world status in 2010, and a dependency on rice is incoherent with that vision. It is about time we learn to eat Western-style. Let an overflow of imported food stuff flood the country. Seeing Toblerone, Taster’s Choice, and Frito Lays on sari-sari stores is a sign of a booming economy, a symbol of an industrializing country. Let us forget being an agricultural country; it is time to move on.

Besides, we are a net importer of rice, and it is not a good thing. That means we are dependent on rice imports to satisfy demand. It is a waste of foreign currencies, which can be invested into more important things, like a broadband project lead by a politician, or dole outs to rabid government supporters. Also, being a net importer means we are at the mercy of rice exporters, which is not good. Our mother state up north will not take such very lightly.

And so, I suggest that we establish a Half-Rice Club. The purpose of the club is two-fold: the short term goal is to reduce obesity to 10% of total population, to the upper A of the society. The medium term goal is to push forward to first world status by 2020 through veering away from being agricultural-based economy to a highly-industrialized one.

Anyone who wants to be a member, just raise their left foot. Naysayers shall be labeled as destabilizers.

15
Mar

Action speaks louder than words

The latest on Cris Mendez’s case.

Ariel Paolo Ante, said to be the one who recruited CA to Sigma Rho, files for certiorari and prohibition with urgent application for injunctive relief against the University of the Philippines’ Student Disciplinary Tribunal. He claims that the SDT is biased against him and has already prejudged the case.

Note that another student involved in CA’s case had filed for a TRO, but was turned down by the court. I hope that Ante suffers the same fate.

The problem with Ante is that he only has himself to blame if people has prejudged him. After all, immediately after CA’s death, he’s been goners. He’s been hiding from the SDT, from the NBI, from the PNP.

Speaking of Palpak na Police, how good are our policemen nowadays? (In the following sentences, I will be talking about the portion of the police force, not all of them.) Well, look at the story above. Ante’s lawyer can contact him, but the police cannot find him.

Another: Student falls prey to drive-by snatching modus. It was the second incident WITHIN A WEEK within Quezon City. With so many high profile crimes at QC (remember the bank robberies that happened within a week also?) you wonder what the PNP is doing.

Simple: it is busy manning checkpoints whenever a rally is scheduled to happen within Metro Manila. Remember the experience of Jhay Rocas last February 29? Well, Coy Caballes reported via Twitter of another PNP checkpoint at Molino in Bacoor, Cavite yesterday. There was a scheduled anti-Gloria Arroyo rally yesterday at Liwasang Bonifacio in Manila.

And speaking of which, Arroyo’s old men believe the worst is over. Yet when there is a rally, they activate Manila Shield. Action speaks louder than words.

12
Mar

Pitiful, 2 (or Malu Fernandez, again)

The subject of a blog post here is at it again. Let me reiterate what I had said then:

As much as I want to react to her ramblings, I cannot. I should say, I will not. Because if I do, this post will turn into the most virulent, and trash-talk filled post ever.

Right now, I pity two people, both of them society columnists who wrote only about who’s rich and who went to what party. They treat those who they feel are inferior to them with disdain and contempt. I pity them because what they write reflects on the shallowness of their minds, the corruptness of their souls, the emptiness of their hearts. I pity them because the more they speak up against their fellow men, the more they lose their humanity.

Just an additional thought: she said this “I’m always a glass half full kinda girl anyway…” My question, madam, is simple: If you are a glass-half-full girl, how come you ranted against your own in that plane on that fateful day? I rest my case, your honor.

No, I will not react to it anymore. Let others do so, and the following did more eloquently that I can ever do:

* Malu Fernandez thinks blogging is a slacker job.
* Acerbic Wits Extraordinaire, At It Again!
* Malu Fernandez gunning for Master Link Baiter of the Year
* Malu Fernandez, again
* Looking for Trouble (updated)
* If she was a lolcat
* Jayvee Fernandez on Malu Fernandez’s latest on blogging
* Malu Fernandez and Blogging As A Slacker Job
* Let us eat dinner
* The Problem With Journalists…
* “Thar she blows again!”
* Malu Fernandez, You Attention Whore You
* Ms. Fernandez on blogging
* Malu Fernandez is Back!
* The Problem With The Problem With Blogging…
* Malu Fernandez: I’m Back Y’all!
* Malu Fernandez is at it again
* Malu Fernandez and the problem with blogging
* Malu Fernandez Share’s Her Observations on What’s Wrong With Blogging (sic)
* Journalist Malu Fernandez vs Pinoy Blogger
* Malu Fernandez Strikes Again: “Blogging is a Slacker Job”
* Blogging: A SLACKER JOB according to Malu Fernandez
* Slacker Job?
* ooops! she did it again! malu fernandez redux
* Malu Fernandez on Blogging
* Blogging is a Slacker Job – Malu Fernandez
* Malu Fernandez a “Victim of Vicious Blogging”
* Shame on YOU MALU!
* Malu Fernandez on blogging
* I Tried to Stay Away But I Can’t
* And So She Does It Again
* Open Letter to Malu Fernandez
* Si Malu Fernandez at ang mga napakong pangako ni Gloria Macapagal-Arroyo
* the malu-gma connect
* Malu Fernandez Hits Bloggers
* Joining the Malu Fernandez bandwagon…bakit ba? hehehe

11
Mar

Blogging as an action for a cause

Siege Malvar asked me several questions about blogging in the context of social causes.

1. Can you tell me about the whole psychology of blogging as an “action” for a cause?

Every blogger has his own reason for blogging. For some, they just want to vent out their strong feelings, you know, ranting. For some, they blog to share information, like when a blogger finishes a PS2 game and shares his experience and tips. Some bloggers want to express their thoughts on matters that are important for them. And there are bloggers who blog to influence others. Some bloggers may be motivated by some or all of these reasons.

Your question fits nicely with the profile of a blogger whose aim is to influence. To influence in this case is to convince the reader that the blogger’s idea/opinion is correct, and to goad the reader into action. So there are two operative phrases: to convince, and to translate that into action. It’s like being a salesman or marketer.

A blogger may not know if he has successfully influenced a reader, enough for the reader to take action.

2. Do you really think it works to “just blog” about stuff? Is it enough to blog?

We can never tell. Again, it depends on why you blog, on what you want to achieve from blogging. We Filipinos are inherently indolent. We also have a keen sense of conscience. The two don’t mix. We all know we have social responsibilities, but not all of us want to exercise that. So we have half-hearted activism. We have armchair analysts. For some, it is enough to just express their thoughts. If that is the case, with some many people wanting Arroyo impeached, how come it doesn’t happen?

No, I don’t think it is enough just to blog about it, but for some of us, that’s the least we could do.

3. Do you think blogging is an effective way to solve the country’s problems, and why?

Blogging is effective if (1) we can convince people that our solution to the country’s problems are correct and (2) we can convince people to act on our solution. Otherwise, blogging is just an academic exercise and not much else.

For example, what if you want to foment a revolution? You need strategists, tacticians, officers, soldiers, and propagandists. The strategist defines the goals of the revolution, the tactician designs missions to reach those goals, officers execute these missions, and soldiers implement them. However, as in any war, the support of non-combatants is necessary, for logistics and military buildup. Here comes the propagandist. His job is to convince the people that the war is a necessary evil, and that volunteers are needed.

Blogging as it is will never be a solution – that idea is simplistic. There should always be action after much deliberation. Blogging is a great tool for presenting information and analysis, and exchanging ideas and opinions. In any problem solving, this interaction, this exchange, is essential, since from this exchange, we can draft plans. The hardest part is always in execution.

10
Mar

For an anti-political narcissism law

In a previous post, I talked about the anti-political dynasty provision of the Constitution and the pending bills for an enabling law. Yes, ten years later, our good lawmakers have yet to enact the law. Maybe those who chose to sit the current situation out may want to make this their advocacy – it may appeal to their “change in our own little way” philosophy.

Anyway, I would like to propose an anti-political narcissism law. Have you been to Caloocan? If you are going to Caloocan via EDSA, descending from the Cloverleaf bridge, you will see a large tarpaulin covering the pedestrian overpass. On the tarpaulin you will see the mayor’s mug shot and several texts. Further along EDSA approaching the Bonifacio monument, the entire pedestrian overpass near Manila Central University is covered by a tarpaulin, carrying words of congratulations to the son’s mayor, who won as national president of the barangay league. On the sidewalks, new lamp posts were installed, topped by the mayor’s pirated smiley.

And that’s just along EDSA. Along Biglang Awa Street (which terminates to EDSA), you can see several streamers of congratulations also. Near our house, the sidewalk has those smileys. On some waiting sheds, you can see tarpaulins carrying – what else? – the mayor’s face.

Go to the city/municipal hall, and you would see the pictures of the president, governor, and mayor in every offices. Imagine, if there are 100 offices in a city hall, that would amount to 300 8R pictures! And look at the goverment cars and ambulances. They carry the names of the incumbent, as if the funds for their acquisition came from the incumbent’s wallet. And don’t forget those billboards saying “Proyekto ni Mayor Kapalmuks” or “Project of Congressman Makapal.” And the canvass tents carrying the politician’s name. And coffee mugs (I am not kidding – I saw a notice of bidding at a certain city’s Web site for 500 coffee mugs).

Aside from the visual pollution that these idiocies bring, imagine the amount of public funds (coming from our taxes, withheld from our hard-earned salaries) being expended just to satisfy the narcissism of our public officials. These are unnecessary expenditures, spent in aid of the incumbent’s re-election bid. It could be spent somewhere else, like an honest-to-Heaven drainage that works, or public markets whose rentals small sidewalk vendors can afford, or for an efficient street lighting system.

This is the rationale for my proposed anti-political narcissism law. This law will disallow the use of public funds to have the name, face, signature, picture of the incumbent (in any form, analog, digital) plastered all over the place. While I know that public works need to be announced via billboards, they should not contain the face of the incumbent, only the name and position of the incumbentonly text like “Project of the City of Caloocan.” This law will cover all government officials (elected or appointed) and employees, including those from government owned or controlled corporations (GOCCs).

One can argue that this is unconstitutional under the Bill of Rights (free speech, anyone), and I will leave that to the courts. I don’t think it is a violation of the Bill of Rights – the law would only prohibit the use of public funds for such narcissistic acts. Politicians can plaster their faces anywhere using their own money – as long as the money is legitimately earned; donations are not allowed.

These forms shall not be allowed:

* Billboards (analog or digital), streamers, tarpaulins, posters, stickers, and the likes
* Web sites
* Publication materials (books, pamphlets, etc)
* Pictures
* Collaterals (coffee mugs, canvas tents, etc)
* TV/radio/print/online ads

Did I miss anything?

7
Mar

Justice eludes Cris Mendez

Today would have been Cris Anthony Mendez’s 21st birthday. It should have been a happy family occasion, but it was not meant to be. Instead we have a mother and a brother who is still grieving his death, wondering if justice will be served for CA. Instead we have his friends who are still sorry about such a loss.

While his family and friends are thinking of what-ifs, his killers are on the loose, defiantly taunting the law, wickedly evading justice.

He would have taken the UP Law Aptitude Exam. Knowing that life at law school would be tough, he thought that joining a fraternity would help him. Paolo Ante recruited him. He knew that joining has its perils, but he took a risk, assuming that his future brods would be gentle (since there is a law, but criminals regularly disdains the law).

Yet he died. And still, the criminals are free, living a life of a fugitive, perhaps, but still free. And alive.

And while his family and friends are grieving, Sigma Rhoans are acting as if nothing happened. As if taking a life is as easy as snuffing out a lighted cigarette. I wonder what these Rosigs are doing. Probably thinking of recruitment plans.

The Sigma Rho alumni are no different. While some notable alumni had spoken out (and one of them resigned), most stuck it out, reminiscing the good old days in a round of beer or two, reliving the gauntlet and the rumbles.

“To stand by the side of any brother Sigma Rhoan right or wrong,” so states their basic tenet. Too bad for Mendez, he died soon enough, so the cowards of Sigma Rho abandoned him – besides, he is no brother, technically speaking. Anyway, the facts speak for themselves – the killers are on the run, and Rosigs stand by their brothers. That makes them virtual accomplices to the crime. They’d side with the criminals, and not with justice.

Requiescat in pacem, CA.