Beggar Diplomacy of the Philippines

Newly re-elected U.S. President Barack Obama will be embarking on a Southeast Asian Tour come Nov. 17-20, 2012 and already Cagayan de Oro Rep. Rufus Rodriguez was lamenting the fact that the Philippines will not be part of Obama's itinerary. Rep. Rodriguez, in an article published in inquirer.net, also added that the visit to the country would have been a positive signal for Obama's support for the Philippines in its dispute with China over the Scarborough Shoal.

This reaction of Rep. Rodriguez is just a clear manifestation of the country's perpetual unhealthy dependence on America, which has never really given much thought as to how the Philippines will actually do in foreign affairs. Our political leaders continued beggar diplomacy from armaments to everything else speaks of our still strong colonial mentality that has effectively made the Philippines a gnat in international affairs - constantly rediculed for its policies and never respected in its endeavours.

It is time the Filipino people rise up to the realities of the 21st century and elect political leaders who have a sense of nationalism and patriotism, who hold a strong vision for a Philippines that is strong, independent, progressive and free, a country who respects individual rights, provides opportunities for its citizens to grow and prosper and most of all, who inspires the populace to believe in themselves.

Why RA 10175 Should Be Abrogated

There has been a lot of brouhaha regarding the introduction of RA 10175 or the Cybercrime Prevention Act of 2012. Indeed, the law was crafted so fast, I doubt if there was even any meaningful consultation with various groups such as the internet community, human rights groups, netizens through various social media sites, NGO's and the like. It is no surprising therefore that even before it became effective last October 3, 2012, the online community in the Philippines was aghast with its patently obvious censoring implications. No less than seven petitions were filed in the Philippine Supreme Court to have the law declared unconstitutional or suspended. Within a few days after it became effective, the Supreme Court issued a 160-day restraining order suspending its implementation. Presumably, according to various media pundits, to give time to the usually rubber stamp congress to make the "necessary" changes.

Sa aking opinyon, ang batas na ito ay hindi lamang dapat ma-suspendi, ito ay dapat itakwil dahil ang mga probisyon nito ay hindi lamang labag sa mga itinatakdang karapatang nakalaan sa Saligang-batas ng 1987, kundi maaaring gamitin bilang isang instrumento para mapatahimik ang malayang talastasan ng mga ideya at opinyon. Puno ng mga butas ang batas na ito na walang dudang magbibigay ng pagkakataon para sa mga makapangyarihang tao sa Pilipinas para masiguro na ang mga magpapahayag ng mga opinyong hindi sang-ayon sa kanilang mga posisyon ay kanilang masasakal. Ito ay hindi lamang labag sa mga karapatang nakatalaga sa Bill of Rights ng saligang-batas ng 1987.

There are many objectionable provisions of RA 10175 and I will deal extensively with only some of them which, as a regular internet user, could affect the free and unfettered flow of information through the internet. The free flow of information is critical in a functioning democracy as it serves as a check and balance against the abuse and misuse of public power and ensures that the reigns of government do not become the absolute domain of our political dynasties - a sorry feature of Philippine democracy.

Let me begin.

Section 4 (3) (c) (1) "Cybersex - The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration."

OBJECTION: In statutory construction, there is a principle called verba legis. This principle essentially means the "plain-meaning rule." That is, the words in a statute should be interpreted in its simplest possible meaning. When there is no ambiguity, the provision of law should be taken to mean what it says it means.

Using the verba legis principle, it is clear from the provisions of Sec. 4 (3)(c)(1) that if I willfully make a sex video alone or with someone, I am technically criminally liable under said provision. The last phrase in said provision somewhat qualifies the offense as that which is "for favor or consideration." The phrase "for favor or consideration" is open for interpretation, does that only refer to sexual videos done for money? What is the nits and bounds of the terms "favor or consideration"?

Indeed, in the milieu in which we are now, the increased technicalization and computerization of almost all facets and aspects of contemporary life suggests that favors or considerations go beyond the mere exhange of money. It could include recognition, which in the internet world, at the right circumstances, can eventually become monetized. Example, if a blogger attaches a sexually explicit video of himself on his blog, there is almost always a high likelihood that traffic to such blog will increase, the resulting increase in traffic, if sustained over a period of weeks and months, will attract attention, some of which will be from advertisers, who will most likely offer to pay considerable amounts of money to advertise in such blog. Although there might be no initial intent to gain favor or consideration, the subsequent ad offers might be too good to pass. And so if such blogger then accepts such offers, under the provisions of aforesaid law, he will now be subject to the definition outlined in Sec. 4 (3)(c)(1). This is plainly the state interfering in the personal and private activity of an individual. This seemingly innocuous event can open windows to the religious right (of which there are many in the Philippines - think the Catholic Church, chameleonic politicos) to also call for the regulation of internet activity to control so-called "immoral" pictures, videos, stories and the like.

Kung makikita natin, sa isang probisyon pa lamang ay delikado na ang lagay ng kalayaang magpahayag ng sariling mga saloobin at opinyon ang sambayanang Filipino. Ang probisyong ito pa lang ay sapat na para sakalin ng mga makapangyarihan, mapera, at maimpluwensiya ang kalayaang maglimbag. Sa probisyong ito, mayuyurakan ang malayang pagdaloy ng impormasyon, ideya at katotohanan, higit sa lahat, mahihigpitan din ang sagradong karapatang maibahagi at maipahayag ang sarili.

Section 5 (a) "Aiding or abetting in the Commission of Cybercrime - Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable."

OBJECTION: This provision is a death knell to the social media experience. With the extensive popularity of Facebook in the Philippines, many Filipinos could technically become criminals. How will this affect free expression in the social media world?

First and foremost, if someone "LIKES" something on Facebook, he could potentially be an accessory to the crime simply because, as Sec. 5 (a) stipulates, he is already "willfully abetting or aiding in the commission of the crime." HOW? Because as everyone who uses Facebook knows, when someone clicks a "Like" button on Facebook, such activity is immediately reflected in the "Newsfeed" portion located on the upper right corner of the Facebook page of ALL friends of the one making the click (of course, depending on how the privacy settings of the users' account is set-up, the number of persons who will be privy to such information will vary), if that friend in turn clicks the "Like" button on said posting, it will appear on such friends' friends "Newsfeed" and so on and so forth. In short, you will spread the information. Isn't that abetting or aiding already? And if it is, then all those who clicked on the post will be held liable as by definition, they have already abetted and aided in the commission of the crime by spreading such information.

Sa madaling salita, hindi totoo ang palabas ng ilang mga abogado at tagapagtanggol ng RA 10175 na ang mga may-akda lamang ng mga "libelous comments" ang posibleng mapanagot. Iginigiit din ng mga nasabing tao na ang simpleng pag-like ng isang komento sa Facebook ay hindi "libelous" basta hindi sila ang nagsulat nito.

Makikita natin sa ayos ng mga salita sa Sec. 5 (a) na hindi ito totoo. Sa katunayan, simple, klaro at walang kadudaduda ang mga salita sa nasabing probisyon, ang sinumang tumulong sa paggawa ng Cybercrime ay mananagot. Kung mag-like ka sa isang post sa Facebook, alam nating ito ay umaabot sa mas marami pang tao, at dahil ito ay umaabot sa mas maraming tao, mas marami ang makakaalam sa nasabing post, at kapag nag-like naman ang mga taong ito, mas dadami pa ang makakaalam nito dahil makikita ito sa mga "Newsfeed" ng kanilang mga kaibigan sa Facebook. Hindi ba abetting and aiding na ito?

Section 5 (b) "Attempt in the Commission of Cybercrime - Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable."

OBJECTION: RA 10175 curiously does not really define what the scope of the word "attempt." Since under the provisions of RA 10175 Sec. 6 and 7 clearly indicates that aforesaid statute uses the RPC as a supplemental law, it is reasonable to assume, under the principle of in pari materia, that the two laws should be construed to support each other. Hence, the definition of "attempt" in RA 10175 must be the same as those defined under Art. 6 of the Revised Penal Code of the Philippines, in which an attempted felony is one in which: (1) The offender commences the commission of the felony directly by overt acts; (2) The offender does not perform all the acts of execution which should produce the felony; and (3) The non-performance of all acts of execution was due to a cause or accident other than the offender's own spontaneous desistance.

The conundrum therefore arises, using the example explained in Sec. 4, if there is such a thing as "attempted" in the realm of social media. Again, the example in the preceding section will be used, if one clicks "Like" on Facebook, as stated previously, such information is displayed in real-time on the "Newsfeed" of the account holders list of friends, the number of which will depend on the privacy settings, of those who are currently on-line. If however, one decides to "Unlike" said post, will it still be considered attempted? In such a scenario, those who are on-line when the "Like" button was clicked will have then seen such activity. However, those who are not online when such click was done will not be able to see them. In other words therefore, as defined in the provisions of Art. 6 of the RPC, is there really an "attempt" as contemplated by said provision when it comes to the social media experience? Indeed, when one clicks "Like" on Facebook, all acts of execution are already committed, even if you subsequently "Unlike" it later on, since those who are on-line when the "Like" button was clicked will have potentially seen it. Only those who were not on-line when said click was made will not be able to see such activity.

There is therefore a need to further scrutinize if there is really such a thing as "attempt," at least in the social media experience. Indeed, in the world of the internet, once something is posted on the web, it stays on the web forever, and so therefore how can an "attempt" be truly an attempt when applied to the social media experience.

Section 6. "All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be."

Section 7. "Liability under Other Laws. – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws."

OBJECTION: RA 10175 as manifested by Sec. 6 is clearly interlinked with the RPC. This is even more clear by the provisions of Sec. 7 of RA 10175. Sec. 7 of RA 10175 is very disturbing in the sense that in one line, it actually allows DOUBLE JEOPARDY to be committed. This is a clear violation of the provisions of Art. 3, Sec. 21of the 1987 Constitution which states: "No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal  under either shall constitute a bar to another prosecution for the same act."

It is however clear from Sec. 7 of RA 10175, that a person who may be charged for libel who uses both print and the internet can be LEGALLY, however unconstitutionally, be prosecuted for the same offense, to wit:  "...prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws."

Makikita natin na ang RA 10175 ay salat sa mga mahahalagang bagay na dapat pagtuunan ng pansin. Makikita na ang batas na ito ay hindi masyadong napag-aralan, napag-isipan at napag-usapan. Maraming mga kwestionableng probisyong naitala na mayroong malalim na implikasyon sa mga mahahalagang karapatang pantao ng bawat Filipino.

RA 10175 should not just be amended, as there are still many provisions which should be radically changed that the law itself becomes skelotonized as to render it essentially useless, it should be rejected, declared unconstitutional by the Supreme Court as it violates Art. 3, Sec. 4 of the Bill of Rights of the 1987 Constitution which states: "No law shall be passed abridging the freedom of speech, of expression, or of the press..." and trashed to the dustbins of history as where it so rightfully belongs. It has no place in modern society, much less in a milieu that is increasingly information dependent, technically complex and socially more expressive of their rights.

Secularizing Philippine Society: The RH Bill and why Philippine Society Needs It

I am getting tired and nauseous with the Catholic Church's constant interference in the secular affairs and concerns of the Philippines. The latest being the Church's rabid opposition to the passage of a crucial, life saving and socially-necessary piece of legislation - the Reproductive Health Bill.

The Church opposes it for the following reasons but is not limited to such:

1. The promotion of contraceptive use promotes immorality.
2. The promotion of contraceptive use does not solve poverty.

There are many reasons why the Church opposes the RH Bill but I will only tackle the two aforesaid reasons, which in my opinion, shows how the church is essentially out of touch and delusional about what a republic like the Philippines should be and how scientific studies show otherwise.

First, on the question as to the promotion of immorality or the inducement to immorality of the use of contraceptives escapes any reasonable thinking human beings' sense of critical thinking. There has been no documented study that the use of contraceptives actually promotes immorality. And I doubt if the church even remotely conducted such study. There is simply no connection between contraceptive use and how it shapes morality, besides, morality is religiously, socially, culturally and zeitgeistically determined. What has been moral in 15th Century Medieval Europe is not necessarily considered moral nowadays. Does modern society for example, still condone and sanction the burning of those suspected of being witches?

Second, on the question as to contraceptive use not solving poverty. The use of contraceptives was never intended to solve poverty, although controlling family size through the use of contraceptives can help a couple maintain a family that they are financially, physically, and medically ready to carry through. A couple who can barely support themselves need contraceptives to ensure that they can create a family that will ensure a comfortable and secure future for themselves and their children.

The Church, in its unreasonable, unscientific, and socially detached chronic opposition to something Philippine society desperately needs now, is indeed a force of enslavement, immorality and stupidity. Indeed, the Filipino people should now, more than ever, think seriously why we as a society have given this institution, who by the way, has historically caused untold suffering to the Filipino masses by colluding with the oppressive powers that have always been a constant feature of the Filipino experience to continue to rule and hold sway over the life of our republic.

Secularize Philippine society, let us purge the influence of religion and institutionalized delusional beliefs from the fabric of public life!

euro - zone of suffering: the impending collapse of the monetary union

The brouhaha about the status of the Greek economy within the eurozone has been boggling minds and lives for the past year or so. Indeed, the future of the eurozone is at stake. The terminal state of the Greek economy is not only rattling minds in Greece, it has forced policymakers and common folk alike across the eurozone to rethink the viability of the euro experiment.

 

I am no economist nor a financial professional in any stretch of the word, but I believe that the euro experiment was never a comfortable marriage for the following reasons:

1. The economies that bonded to form the euro were never in the same level of economic development, and because they were never on equal footing economically, other countries became more competitive than they otherwise would have without the euro and others became even less competitive although they maintained a lifestyle of artificial success. Such scenario will eventually break over time and would drag the entire union into the gutters.

2. The eurozone countries did not make a common financial pact regulated and binding in all countries that would designate one body to regulate the financial activities of each country within the union. Such uber-body would control spending and budgetary initiatives of each member country. The absence of such arrangement created a free-for-all attitude of reckless borrowing and unsustainable financial policies. 

3. The eurozone countries did not really commit fully to the union as evidenced by the populace in each countries reluctance to give up certain rights to make the union more financially stronger, such initiative would mean giving up monetary sovereignty to the ECB. It seems that the less developed economies did not make painful financial policy changes to catch-up with the more developed economies and more developed economies flooded liquidity to the less developed ones which only incentivized their reluctance to delay necessary changes. The euro countries therefore wanted to have their cake and eat it too.

With such structural defects, the eurozone would eventually face an up-hill battle to keep it together - the hen has come to roost. 

Many articles have been written depicting the scenarios that would happen if and when the euro collapses, all would certainly cause more suffering, and could possibly disentangle the eurozone itself.

For all of the inherent problems facing the eurozone and the Greek economy in particlar, there is an increasing possibility that Greece could possibly move out of the union by the end of 2012, possibly by October, then again, that is just me.

TV SHOW REVIEW: Supernatural S04E17 "It's a Terrible Life"

Dean and Sam are swept in a new world. Both working in a call center company but seemingly unaware of each other or their past. Dean is the director for sales and marketing while Sam works as a technical support agent.

When two employees of the company committed suicide after receiving an e-mail purportedly from the HR department ordering them to visit said office at room 1444, Sam begins to question things. The duo investigates room 1444 and finds an employee down on his back with a steel cabinet on his top. As Dean and Sam try to save the employee a ghost appears, that of P.T. Sandover,  founder of the company. Both Dean and Sam are able to fend off the spirit, both seemed to know that iron and salt works on ghosts.

Sam begins to increasingly doubt his life, his career, and his way of life. Dean too feels the same way. Both felt they were called to a different life, a life vanguishing evil.

This got me thinking, we do indeed feel it when the life we live is not the life we truly want. What do I want? The great mythologist Joseph Campbell once said that life is not the search for meaning but the experience of being alive. Campbell said in his interview by Bill Moyers (set into a book titled "The Power of Myth") that in order to be happy in life, we have to follow our bliss, because when we do, we come to bliss. To be trite, it means to be living a fulfilling and contented life.

Sounds simple? I think not because knowing what we want is to know to listen to ourselves, and in a world distracted by the bewildering array of technology and materialism, this is a challenge. A challenge we have to eventually face for if we refuse or cannot do so, life indeed becomes terrible.

kamingaw - loneliness ini

i wake upon a dark and steely night
cloaked stars amidst whispering winds
scrape but a tingle in my hushed ears.

standing in solitude embraced by the dark
with limpy arms stretched by ghostly vines
downcast eyes see a crouching shadow.

to where will i look so alone i will not be
to the sky so heavy, so dark, so silent
so glam so alone i am indeed.

to where will i listen so alone i will not be
to the leaves that whimper, so vexing, so eerie
so tearful so alone i am indeed.

to where will i touch so alone i will not be
to the ground so rough, so stony, so cold
so lifeless so alone i am indeed.

i beg upon the dark and steely night
that aching loneliness i have inside
be gone and be carried by the wind.

kneeling in solitude kissed by the dark
with leaning stems of spindly stems
i look, i listen, i touch - it is you beloved.

Death and the Nurse

As a registered nurse, I have encountered death in its manifold manifestations. Indeed, death is an everyday experience. Biologically and metaphorically speaking, dying is what it means to have life, and to live is to die moment by moment.

One thinker once said that "Dying is as normal as being born." From a biological perspective, it is practically true. Everyday, millions of cells die as millions more are being born. This is the eternal paradox of life - that in dying birth is made possible. But death is more than the corruption, destruction, and annihilation of life - it is life itself. For death does not only erase an entity, it simultaneously makes it possible for life in the same or some other form to exist. Take for example the black hole, that all powerful remnant of a dying star, so powerful that it even bends and sucks light into it. As it reaches its critical mass, it explodes and from it a new form of cosmic substances are sprung forth.

Philosophically speaking, death is just a way for life to renew itself. We die everyday. When we get retrenched from our jobs, we die. When loved ones part, we die. When friends leave us, we die. When relationships break, we die. But in as much as death brings pain, it also brings life, it brings life because it renews us. The renewal can take the form of a more profound understanding of what it means to be alive, to live life, to understand and experience the experience of life.

Nurses are unique professionals in that they encounter life and death on a regular basis. As such, the nurse must have a clear view of what his thoughts on life and death are, for the understanding of what it is for him to have life and to witness death can impact how he deals with the patient, the significant others of the patient, and his fellow health care team members. If a nurse for example views life as not only the search for meaning but the experience of living, then he exudes in himself a sense of quiet confidence that can calm a patient and make him a willing partner in the healthcare process.

In the same way, a nurse who sees death as a moment of reunion, reflection and renewal will radiate to dying patients a sense of dignified calm and fortitude of spirit. This will help the patient, the family and the healthcare team make the dying experience an avenue for emotional growth and enable the dying patient face death with peace and serenity.