Philippine Democracy and Automation of Elections by Russel S. Pernites

“Being stuck is a position few of us like. We want something new but cannot let go of the old old ideas, beliefs, habits, even thoughts. We are out of contact with our own genius. Sometimes we know we are stuck; sometimes we don't. In both cases we have to do something.” -- Inga Teekens

I remember one political scientist commenting that “Philippine democracy is transplanted democracy.” I agree with that because if we trace our political development, we have acquired democracy and developed our present political culture not on our own initiative but because the Americans have transplanted them, literally.

By reason of this “transplantation”, Philippine democracy has not worked as well as its American progenitor. It has been subjected to several criticisms and challenges and will continue to face more debacles on the process.

In the upcoming 2010 elections, the world will be a witness to the historical leap of the Philippines in terms of its electoral process. We have at last made tangible the long been aspired automation of elections—as mandated by our very own Constitution.

This attempt is another replication of the American electoral process. It aims an expeditious election process with perceived lesser fraud and election violations. It had worked in the United States and in other states, surely this will work in the Philippines. The latter argument has received countless oppositions, the automation has even received repulsion prior to its inception, but I stand to support it.

I recognize the fact and considered the advantages and the corresponding disadvantages of the automation of the election process. I stand to support the argument not because of the fact that it work in the United States or in some other developed or developing states but because I believe that the Philippines is capable of making it possible.

As the sovereign citizens of this Republic we should initiate the step to steer the direction of our political development towards a direction reflective of our own political culture. We should start the step leading a trail towards a Filipino democracy. We should not let our country get forever stuck in its present situation. Everything in this world is a cycle but when will the cycle benefit us depends on how we assert every possibility. If everything is well and good being stuck is an excellent choice but our country needs to be alleviated from the quicksand where we fell. Being stuck will be tantamount to death.

I stand to support the argument because I want to prove myself wrong. I want to prove myself wrong in totally agreeing with the political scientist’s observation. I agree with him but now I must qualify, Philippine democracy is a transplanted democracy but Filipinos are taking steps to transform this democracy suitable to the Philippine set-up.

I stand to support the argument because the automation of the election will be the benchmark to show that we have tried to develop our own and we will be able to make it. I acknowledge the disadvantages but it is better to try than dwell all our lives on the “what if’s.” Election time is the most crucial time because it is where democracy at its crux is exercised. It is a time where we make intelligent choices and by reason of the automation of election our intelligent choice will not be marred by unscrupulous fellowmen.

On this issue, I do not want to be a devil’s advocate but be an optimistic spirit, eager to embark and venture new ways. It is difficult to go beyond our comfort zones but this is a peculiar event at a pressing time. I want to become part of history—a history that will mold our political and historical identity and at the same time be a guiding post for the future Filipinos decision making. Adsum.

Legislative Inquiry vs. Question Hour by Russel S. Pernites

In this milieu of globalization good governance has become the most popular mantra among the developing countries. Good governance refers to the efficient and effective administration and management of the resources of the State to achieve maximum benefit for all the members/ inhabitants of the State. The encompassing benefit that everyone is anticipating and clamoring is development.

The Conceptual Framework
The Asian Development Bank in its effort to alleviate the poor condition of nations has formulated a framework called the “Four Pillars of Good Governance” . The components of which are: participation, accountability, predictability, and transparency.
The principle of participation derives from an acceptance that people are at the heart of development. They are not only the ultimate beneficiaries of development, but are also the agents of development.
Accountability is imperative to make public officials answerable for government behavior and responsive to the entity from which they derive their authority.
Predictability refers to the existence of laws, regulations, and policies to regulate society; and their fair and consistent application. The importance of predictability cannot be overstated since, without it, the orderly existence of citizens and institutions would be impossible.
Transparency refers to the availability of information to the general public and clarity about government rules, regulations, and decisions.

Applicability To Democracy
Etymologically speaking, democracy came from the Greek words demos meaning people and kratos meaning rule or rule of the people. It has been accepted in the academic sphere that its main elements are freedom, accountability competition and equality. As I have observed this framework will work effectively in countries which adopts democracy as their political philosophy because the components of the framework are compatible with the elements of democracy. Simply put following the words of the American President Abraham Lincoln, “it is a government for the people, by the people, of the people.”

Philippines As A Democracy
The Philippines after several years of direct and indirect colonization have experienced different forms of governance. We have been through ups and downs, fought battles, defeated and victorious at the same time. These events in our history have molded our present government system. We have adopted the democratic political philosophy of the Americans as evidenced by Article II, Section 1of the1987 Constitution which states that “the Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”
As earlier stated, this republicanism or government of representatives was patterned after the American Constitution and system of government. Equally important to consider is the principle of separation of powers among the co-equal branches of the government, “obtained not by express provision but by actual division in our Constitution.” Agpalo in his book Philippine Political Law stated that, “the doctrine of separation of powers rests on the assumption that the three great powers of government must not be concentrated in the hands of one man or a group of men, as its anathema to, and destructive of, a democratic and republican form of government.” Inherent to this doctrine is the doctrine of checks and balances. It was instituted to curb or prevent the excesses in the exercise of powers by one branch of government. “Under the checks and balances system, each of the three branches of government limits the powers of the others, and thus, one branch can not become so powerful as to dominate the others.”
Worthy to mention also is another doctrine incidental to the two previously discussed—the blending or commingling of powers of the branches of government. This is the time when the great powers would share with each other to foster faster delivery of services and duties expected from them.

The Dilemma
An issue of paramount consideration in the field of constitutional law is who should prevail among the great branches of government when the doctrine of separation of powers and checks and balances are in conflict?
Article VI, Section 21 states:
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.
Article VI, Section 22 also provides:
The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.
Article III Section 7 states:
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Sections 21and 22 of Article VI are just two of the powers of Congress to check on the actions of the executive branch while Section 7, Article III is a constitutional right guaranteed to the people. This has been a relevant issue recently because these power and right were ostensibly rendered useless by the invocation of executive privilege.
Executive privilege is the power of the government to withhold information from the public, the courts, and the Congress. The privilege could either be: (1) State secrets privilege- information is of such nature that disclosure would subvert crucial military or diplomatic objectives. (2) Informer’s privilege- not to disclose the identity of persons who furnish information of violations of law to officers charged with the enforcement of the law. (3) Generic privilege- for internal deliberations has been attached to intra-governmental documents reflecting advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies are formulated.

My Stance
All of the Philippine jurisprudence with regard the issue at hand leaned in favor of executive privilege but I am personally critical about it. I submit to the sacrosanctity of the doctrine of the separation of powers but the doctrine of checks and balances should also be placed to work properly.
The Chief Executive performs several functions: chief of State, commander-in-chief, chief diplomat, chief legislator, chief of the party, voice of the people, protector of peace, manager of prosperity and world leader among others. In the performance of such duties and in the fulfillment of the said responsiblities, it is important that certain information that would be detrimental to the State and to the public should be protected. The Presidency involves numerous decision making. According to the "rational actor model" a decision maker in their relations with other decision makers make a compromises in order to achieve the maximum benefit that should accrue to the State. This compromise may mean some advantage forgone in exchange for another or a reward in return for a favor, whatever the case maybe. Issues like this which involve national security and foreign relations should as much as possible be clandestine so as to protect the name of the State in the eyes of the belligerent eyes of the realists international actors.
Indeed every branch of government should respect the powers solely designated by the Constitution. Considering the present cases involving the invocation of President Gloria Macapagal Arroyo of executive privilege in order to avoid answering the questions of the Congress in the performance of their duty to conduct inquiry in aid of legislation, I fear that this will become a venue for the President and for the incoming Presidents to escape the queries with ease. I fear that the Chief Executive would abuse it by claiming every objectionable decisions to be covered by executive privilege. I fear that the privilege will become the respite of our unscrupulous higher government leader.
To shed some light to the morbid part of the issue, we should strike a balance between two demands-- demand for the benefit of the State and demand for the benefit of public interest. I do not intend to make assertions but I anchor my stance on the conceptual framework that I have presented at the beginning of my paper.

Participation
The people as the repository of sovereignty should be empowered. Their participation in governance and the decision making process should be given weight. Senate vs. Ermita stated that "while Congress is composed of representatives elected by the people, it does not follow that in every exercise of its power of inquiry, the people are exercising their right to information."
Although the constitutional right to information and access to public documents is not absolute, the people still have the right to know pertinent matters behind the decison of their representatives in order to create their public opinion and guide in the legitimate conduct of such governmental decision.

Accountability
The members of Congress and the President alike should be accountable to the people at large, who have chosen them as representatives to government. In like manner the people should never be incesssant to remind their representatives that they have a duty to fulfill and an obligation to comply. People should be vigilant of all the undertakings of the government officials and the government officials on the other hand must be considerate of the needs of the people they represent. The members of Congress should continue to make laws that are beneficial to the people. The President on the other hand should refrain from making decisions in closed door that would attract doubt. Arroyo and the next presidents should prove their worth as the highest official entrusted with the management of the country. Executive privilege as the name implies is a privilege that should be utilize when the situation so demands. These situations are related to national security, foreign policy and the like. It should not be used to cover all the anomalies or corrupt practices committed. If transactions do not fall under the exception, the high official should not make it fall under it. If there really is nothing to hide, why should we be afraid to tell the people? Why would we deny Congress an aid to craft legislation? Why would we deny the people their due?

Predictability
The case of Senate vs. Ermita discussed that a distinction was made between the inquiries in aid of legislation (Section 21, Article VI) and the question hour (Section 22, Article VI). While attendance was meant to be discretionary in the question hour, it was compulsory in inquiries in aid of legislation. That department heads may not be required to appear in a question hour does not, however, mean that the legislature is rendered powerless to elicit information from them in all circumstances.
It is important that Congress will be guided accordingly so that the laws that will be drafted will be based on real need and necessity not on mere stipulation. First and foremost in order to clarify this issue, the Congress should make a law which covers the subject of executive privilege. "Congress must not require the executive to state the reasons for the claim with such particularity as to compel disclosure of the information which the privilege is meant to protect." Since executive privilege is not expressly stated in the Constitution but a mere exercise by virtue of experience, a law specifying the extent to which this can be used without neglecting the protection of the interest of the State in matters of national security and foreign policy would be beneficial to prevent over use of the privilege as a means of protection by deliberately claiming that transactions are covered by executive privilege. This will become a wake up call to the Chief Executive that (s)he will not always be covered by the cloack executive privilege.
It is to my idea that the laws that will be drafted by Congress will have a humungous impact on the whole society. Laws will be applied fairly if it was drafted fairly with sufficient and relevant facts. Legislative inquiry in aid of legislation should be upheld and should be strengthened to impose good governance on the three branches of the government.

Transparency
Denying certain information to the people would create an environment of distrust between the sovereign people and their representatives in government. Although the Chief Executive is given the privilege to keep information which would affect national security and foreign relations, (s)he should provide with proper explanation on the gravity of the matter and should not leave the public to think about the reasons for such. A statement is subject to several interpretations, on the same hand an invocation of executive privilege in the midst of anomalies and controversies would stir several interpretations which would be against the government. The Chief Executive would always claim protection of the interest of the State, yes it is important to maintain stability in our relations with other states and it is very important to maintain national security but every action should be coupled with transparency and truth because it is an implosion if our government would always claim to protect our image with the foreign countries forgetting that the domestic image has been crashed. A balance should be achieved. A harmony between the public interest and State interest must be established.

To sum up, following the "Four Pillars of Good Governance" as a framework I submit to the doctrine of separation of powers but believes in the doctrine of checks and balances to promote healthy democracy. Executive privilege is not a privilege to be scorned at because there really are matters that should be kept to preserve the State. But this privilege should not be abused to the advantage of the person who are only designated by the people to represent them in the administration of the State. There should be a balance between the demands of public interest and the demands of secrecy. I would never forget President Arroyo's promise of "building a strong Republic", I have been waiting for that, I have been expecting from her promises but it seems that I will continue and be patient to wait for some time. Good governance is the solution for all the problems of the Philippines. Good governance is the way to build a strong Republic. Good governance is achievable if their is observance of proper power allocation and devotion to the cause of promoting the interest of the State. We are all dreaming of rising from the ditch that we are in, don't stop dreaming but if our government leaders would continue to struggle for power, to gain from the government, and to abuse their position everything will just be a dream. Like the story of an Argentinian author, we would always stay in the "circular ruins."

Sinulog 2009

I woke up late this morning! When I looked at the clock it was already 11am. I hear drum beats all around, I saw in the tv the contingents of the dance presentations , and people shouting "pit senor". Its my first time to experience celebrating Sinulog in Cebu City.

Sinulog is one of the grandest and merriest festival celebrated in Cebu City in honor of their patron saint Sr. Santo Nino. After breakfast, or should I say brunch..hehe I readied myself and went outside to join the festivities.

I met up with some of my friends and together we satisfied our eyes with the colorful floats, the exquisitely designed costumes and the well-choreographed dance of the street dnacers who occupied the long streets. Our feet cant help but move to the beat of the euphoric moment. We of course did not forget to gratify of gastric system, we savored the smell and the delicious taste of the foods on display. I also got a suvenir for myself.

People from all folks of life, gathered in this celebration even foreigners exuded mirth in their faces. The Sinulog indeed is an epitome of the syncretic religiousity which we Filipinos have developed. It is a combination of the pagan traditon and the Christian tradition fused into a single occasion unifying the people in the name of God, joy, happiness, celebration and of course fraternity.

The happy and beaming faces of the people you come across added by the colorful face paintings and the artistically made henna tattoes, would relieve your tired feet and sweaty forehead because after all you will realize that this is a time for celebration!

"One beat, one dance, one shout-- Pit Senor!"

can not be opened

I am not selfish. I am individualistic.

I often hear the advise “learn from your mistakes”. I agree that we gain wisdom from learning in our past experiences but if you keep on succumbing to the same mistake, are you not learning from your mistakes or its not a mistake that is why you are not learning?

John Donne was responsible for the phrase “no man is an island” which became popular in all realm may it be in literature, management, psychology to politics. I tried to disprove this notion but I have always failed. I may have achieved in the academics but I am not achiever in this field. Earlier this afternoon my classmate asked me to answer a questionnaire which sought to assess a person’s sense of privacy. After completing the questionaire I realized that I am indeed an introvert. A fact that I know for my self is true but most persons who “know” me would vehemently oppose. Sometimes I often ask myself if Im normal or not.
I am a person of contradiction. I want to sing but I don’t want anybody to hear my voice. I want to dance but I don’t want anybody to see my body move. I want to write but I don’t want anybody to read what I wrote. I have this fear. The fear to be alone. Its ironic right?, here I am trying to desolate myself but have the greatest fear to be left alone. That is the primary reason why I don’t want to be attached to a particular somebody because that somebody will surely leave. To be left alone is like crushing sands in your hands, no matter how hard you try you won’t be able to pulverize them, they just slip out of your hands, the same sand, the same form but you become desperate because you can not do anything about it.

I often hear the advise “use your mind over your heart”. What if it is happiness that your heart desires but the mind stops you to pursue it? I say if the mind knows that in the long run the decision will accrue you more benefit then follow it. But after some time when you have thought of your decision and contemplate on where is the advantage that should accrue to you, you realize that there is none. Would you regret and blame your mind or would you make a move to mend the mistakes done?
Michael Jackson popularized this song entitled “Don’t let go of my hand”. I won’t forget the statement of one of my friends telling me “don’t let go of my hand, unless I let go of your hand first”. Now I thought was it just because of the overwhelming emotion at that time those woeds were uttered or was it a reminder for me to realize that I have several predicaments to settle?

I am a person who wants to exude a positive aura but in the dark corner of my room I sit and lose all my streak. I advise people to face their problems, to settle disputes, and smoothen things with people they have conflict with but I ran away with my problems. I choose to keep silent, I choose to hide, I choose to put things in oblivion. I smile but deep inside I bleed. I want to express but I don’t want to be hurt. I easily give up on things, I easily give up on someone, I easily gave up on you. I’m sorry for being the most unfair person in the world. I was so coward to ask. What pains me more was the last time I saw you was when we passed each other, you were flashing that big smile, then there I was not even able to find a single word to utter.

I ask myself, is giving up on someone better than you being left? Was I wrong to do such? If i haven’t learned from the past experiences, was it a mistake or the right thing to do?

Bayaning Third World: A Reaction Paper by Russel S. Pernites

“A man may die but his ideas and thoughts forever live and remain indelible imprints of time”.

Bayaning Third World is a movie within a movie. It revolves around the story of two film makers trying to re-make the life story of Jose P. Rizal. It tried to capture the cinematic moments of the Philippines' National Hero-- Dr. Jose P. Rizal. They investigated upon the reasons why some people worshipped him to the point of idolatry and why his works are supported by the government yet censored by the church. A quest into the reason of the national heroes influence which permeates into the Philippine social set up. It was basically a travel to the past, history was deconstructed for the movie presented a different persona out of Rizal and out of the significant people around him. Contrary to the movies which immortalized the hero in the silver screen, this movie sought questions which were never and will never be answered. The sort of questions where the answers were also buried six feet below the ground along with the national hero. It presented and created doubt in me about the real motive of the hero. The main theme of the movie which caught my interest is about his retraction.

It has been established that Jose Rizal retracted his membership from the Masonry and gave back his allegiance to the Roman Catholic Church in order for him to marry Josephine Bracken. Josephine Bracken who was not able to get the trust of the hero's immediate family was put to blame as the primary cause of Rizal's repudiation which came out in the December 1986 Manifesto. His mother astutely denied such claims pointing out that his son did not betray his country, did not swerve in the event, and was staunch in his stance and opposition to the colonizers. Together with Trining, Rizal's older sister they suspected Miss Josephine Bracken as a traitor and a spy commissioned by the Spaniards to hasten the trial and conviction of our national hero.

The movie presented some interesting arguments in which when reflected upon will surely create doubts about him. Questions such as: Does he really deserve to be named our national hero? What happened if he did not die? Did Jose Rizal retracted?
With regards the retraction of Jose Rizal it was clear from the evidence that he wrote a statement changing his position about the church. (Or was the statement authentic? That is another question). No problem with that, what stimulated the conflict is whether the document was really signed by the national hero or was just forged by the priests, if in such case the latter is true the priests lied thus, he committed a sin. In that matter aggravating the abuses they have ensued to the Filipinos. I personally believe that, wherever our national hero retracted his membership with the Masonry and embraced back the Roman Catholic Church, that does not change anything about his goal of liberating the country. It did not affect his nationalist ideals, it did not deter him from continuing to write about the abuses of the Spaniards, and above all it did not stop him from offering his life to the Philippines. If ever true, his retraction was motivated by his personal reasons of marrying the person he loves-- that did not completely changed anything about him, why not give him a chance to pursue some interests and desires for himself.

I have searched for books about Jose Rizal's retraction and found an article authored by Gagelonia vehemently saying that Jose Rizal did not retract as evidenced by his letters to some of his close friends. Gagelonia stated, “it would be historically wrong to claim that Rizal repudiated the Revolution, he did not. It would likewise be historically unfair to judge Rizal as a non-advocate of the revolution”. Rizal mentioned in one of his letters to Ferdinand Blumentritt that he has no desire to take part in conspiracies, i.e the revolution, which seemed premature and risky but he reiterated that if the government, i.e the colonizers, drive the people to such, to the point where no hope will remain but to seek for war and when the Filipinos will choose to die than to endure their miseries longer, he will join and advocate the violent means. Implying that as long as peaceful means can be sought he would resort to that option. The strong nationalist and patriotic character of Dr. Jose Rizal sets him apart from others. He was firm and bold in his opposition to the colonizers that is why it is hard to just believe that he retracted from his nationalist goals in just a blink of an eye.

When he published his famous books-- Noli Me Tangere and El Filibusterismo, Jose Rizal became a threat to the colonizers and the existing government in the Philippines. It exposed the abuses and exploitation done by the friars and it somehow awakened the nationalist ideas of the others who just kept in silence. Through his method he was able to convey a message in a subtle yet strong way. It created an impact among the people and gave impetus to the creation of a more organized and goal-oriented reform movements.

Evident in more of Rizal's writings were his stance in advocating violence, but only when such become an absolute necessity. Freedom should be won by deserving it, by influencing the mind, and enhancing the primacy of the individual.

To end, even if Jose Rizal has been found to retract from his religious beliefs (but not still proven true) a number of materials prove that he did not retract from his nationalist and patriotic goals. He did not change his strong opposition stance overnight but instead continued to express his desires through subtle writings with a humungous impact to the readers which until now resonates in our society-- the overarching influence of his works and life. Not all persons are perfect, Jose Rizal is one. His life is also full of mysteries needing explanations but that mysteries can not be answered now because the enigma has been cemented by his departure from earth. What we all have left to do is to build on what our history books say about him and embark on a quest to believe in the same goals he had leaving the doubts aside, for what is important is his contribution to this country and not about his personal life. Not about “chismis”!

Bourne Ultimatum: A Reaction Paper by Russel S. Pernites

“Hope for the best, plan for the worse”

This paper is a reaction to the recently released action movie Bourne Ultimatum using the perspective of the Renaissance philosopher Niccolo Machiavelli. Specifically this delves into using some of the arguments and concepts forwarded in his famous work The Prince and The Art of War.

The Bourne Ultimatum is a movie about the main characters’ (Jason Bourne) journey of discovering his real identity after undergoing a program called Treadstone, clandestinely operated by the Central Intelligence Agency (CIA) to remove the memories of cunning officers and convert them into assassins. It involved several collusions and deceptions among several persons and agencies.

The Prince
This book was published to implicitly appease the Medici’s particularly the reigning Lorenzo. It talked about the basic considerations to be remembered by every leader in order to succeed in running a peaceful and harmonious society. It can be applied not merely on the political or military realm but also to other sectors of the society.

According to Machiavelli, “it is better to trust in your power than in the goodwill of others”. If we will examine the movie thoroughly, Jason Bourne has sought to discover his very own personality. Upon embarking on this journey he has encountered several personalities all of whom were motivated by personal interest and protection of their concerns. Noah Vosen, the CIA Director is firm and staunch about his decision of aggressively pursuing the outlawed former agents just to protect himself and agency from the illegal program which they undertook even to the point of compromising the lives of other people. Pamela Landy was brought by the CIA to help capture Bourne but ended up cooperating with Bourne to discover his real identity. She also held Vosen liable of the ill and illegal operations which he conducted. Jason Bourne believed in his power and capabilities to discover and achieve his goal rather than to give his trust to others.

Machiavelli suggested to “imitate the fox and the lion”. The fox is shrewd and cunning and the lion is strong and brave. People should be able to adapt to different situations. Bravery and strength should be compensated with strategy and ability to hide real intentions so that plans will be pushed through without any interception or distraction. In every war and in every action like that undertaken by Bourne, deception is very important. A person should be able to blend with his environment and should be convincing enough to deceive his enemies.

Machiavelli also emphasized the importance of prudence. Prudence according to him is the ability of knowing the nature of difficulties and making that which is least harmful as good. This brings into consideration the rationality present in every individual. People always weigh the benefits and costs of every action or decision and obviously every rational being will choose the alternative where the benefits outweigh those of the disadvantages. Jason Bourne in every mission has made plans to strategize his moves. He has knowledge of every mission to and considers every difficulties that he will face and choose that which has the least harm.

The Art of War
This book was written as a practical proposition to the rulers of Florence as an alternative to the unreliable condottleri mercenario that an Italian City state is reliant upon. It was published to give hints and suggestions of how a troop should behave and act during times of war.

Machiavelli emphasized that “without doubt, ferocious and disordered men are much weaker than timid and ordered ones”. This means that organization in every endeavor is an important factor in its success. Strength is nothing if the people are disordered. Like Jason Bourne, although he did not work with several troops he was very ordered. He operated silently and performed his missions under keen observation and planning. Order chases fear in men and disorder lessens ferocity. This is the main reason why at the outset, planning should be given emphasis followed by a rigid implementation and assuming flexibility of the plan.

“To know in war how to recognize an opportunity and seize it is better than anything else”. When people engage in any form of war, the senses should not be limited to the salient but should be keen enough to see what is not visible. That means recognizing the opportunities available and seizing it for your full advantage. Jason Bourne recognized the opportunities provided by some particular personalities around like Nicky and Pamela Landy. These particular persons extended help for him to discover his real self.

Machiavelli also mentioned that, “in war, discipline can do more than fury”. Controlling ones emotion is very essential if he wants success. To be overcome by emotion means devastation. The journalist Ross was killed because he was not disciplined. He did not listen to the orders or advises of Bourne. He panicked and lost control of the situation. Lack of trust and the incomplete information between two persons is a contributing factor to the development of discipline which lacked in the event of Bourne and Ross’ encounter.

“The greatest remedy that is used against a plan of the enemy is to do voluntarily what he plans that you do by force”. Jason Bourne deceived the CIA operatives by doing the unexpected. He chose to be close with the enemy then using his superb dexterity was able to maneuver them. He was able to sneek into Vosen’s office and gets the classified documents in the very nose of the CIA operatives. Their plans were voluntarily done by Bourne to his benefit and the enemy’s expense.

The ideas, concepts and arguments of Niccolo Machiavelli are still very important and applicable at present. It can be used not only in the political realm but also in other sectors of the society. Aggressiveness should be possessed because this will materialize every plan that the person has in mind. The arguments forwarded in his The Art of War can now be taken not unto armed wars literally. Every struggle to live in this competitive world is a war. Having a background or initial knowledge of how to deal with such conditions is very helpful for pragmatic reasons and for yielding high odds of success. Ultimatum connotes challenge, a challenge for Jason Bourne to discover his real identity. This can be taken into a bigger perspective bringing ourselves part of the situation. We are all like Jason Bourne. We are all heading to finding what we really are. Most of us envision a future for ourselves but sometimes the vision is blurred by circumstances beyond our control. Control here is deemed important because being able to manipulate and use the available resources around is a key consideration in achieving success. I personally find Machiavelli an important person whom his arguments are useful to almost everyone not only to the leaders but to ordinary citizens alike. We are all in a war. We are all in a battle—to live, to relate with others, to discover who we are, and to plan for the future ahead. Grasping some hints from Machiavelli will be very useful. We should be able to imitate the fox and the lion. We should be able to deceive ourselves, this is important in times when we are on the verge of giving up. Deceiving ourselves is a mechanism where we can change our state of minds and direct it into our goal.

To end, I should say that we are all like Jason Bourne. We were born with a blank slate and gradually fill this with accumulated knowledge. At present we are still on the process of discovering our real identity, of what we will become in the future, of where is our destination. It is important that in pursuing this mission, we should be guided by some enlightening and encouraging thoughts—Machiavelli’s is a good material. Given that we possessed such knowledge it will be easy for us to hope for the best and plan for the worse.

Human Security Act: A Reaction Paper by Russel S. Pernites

“To convert somebody go and take them by the hand and guide them.”

This paper focuses on giving a reaction to the recently implemented Republic Act 9372 otherwise known as the Human Security Act of 2007 using the perspective of the philosopher and theologian Saint Thomas Aquinas. This primarily uses his ideas and concepts about the necessity of governments and of law.
The Necessity of Governments

The Philippines as a state covers a territory which includes the three major islands of Luzon, Visayas, and Mindanao with all its seas and space. It is home to a huge number of population grouped into different nations. It is sovereign and is recognized by the international community as such. It also has a government which legitimizes the actions and decisions of the state. Saint Aquinas following the Aristotelian line of thinking said that, “man is naturally a social being and so in the state of innocence he would lead a social life”. He contradicts Saint Augustines’ argument that a state emerges because of the sins committed by men but he reiterated that as a social being who are in need of a social life, governments emerges as the specific organ looking after the common good. The government of the Republic of the Philippines is specifically constituted in order for it to look after the common good of the people. It is the basic legal implementing entity which formulates policies, decides and allocates resources that ideally should be equitable if not equal.

He believed that secular governments are subject to the church because the former is concerned with intermediate ends, whereas the latter is concerned with the ultimate end—the salvation of the soul. I believe that in the present milieu this should not be the case. The principle of the separation of church and state-- a political and legal doctrine which states that government and religious institutions are to be kept separate and independent of one another should be upheld. There should not be a dominant entity between the two for they serve the same functions in different levels. The church should only guide the government in order for its actions to be in accordance with the law of God but it should not dictate it to do what they say is pleasing. They should be complementary without imposing upon each other to achieve their common goal for the majority of the people.

Like Aristotle he also believed that the best form of government will be that of Monarchy. He based his arguments on the religious view of the world, that: in the whole universe there is one God, Maker and ruler of all things. In the multitude of bodily members, the heart rules all the others; among the bees, there is “one king bee”, and generally “every natural government is government by one”. Since the Philippines is adopting democracy it still would be best for us to follow Aristotle's advice that for democracy to prosper there should be a dominant and a large number of middle class. This goal is to be addressed by the government in its policies and decisions.

Laws
In his famous work, Summa Theologica he pointed out the supremacy of law based on the custom of the community. He further divided laws into different forms namely:
Eternal Law- the idea existing in God as the principle of the universe and lying behind the governance if things has the force of law.
Natural Law- it is nothing else than the rational creatures’ participation of the eternal law and is discovered by reason.
Human Law- is a dictate of practical reason which are not naturally self-evident but discovered by the effort of reason.

I believe in Saint Aquinas' conception of the origin of the state because it is clear and free from abstract ideas. It is simple yet plausible. We are greatly organized at present because we have developed a universal consensus the social functions of different agencies. Yet it cannot be denied that in every group or organization there are certain individuals who go against the rules set by the organization. It is in this situation that Saint Aquinas' ideas on the importance of the laws take paramount importance.

A law is a system of social rules usually enforced through a set of structured institutions. It is derived from the Latin word which means to bind. It is an ordinance of reason for the common good of persons. It should be promulgated and it should be sufficiently announced and made known to those upon it lays obligation.

Republic Act 9372 otherwise known as the Human Security Act of 2007 (HSA) fits to saint Aquinas' conception of a Human Law. This law is intended to secure and to protect the people from terrorism. From the latter statement it is implied that it encompasses the welfare of all the people-- Filipino citizens or non-citizens alike. In short it was made for the common good.

This particular law has stirred up numerous criticisms and oppositions from different sectors of the society. First and foremost, HSA, according to Prof. Roque of the UP Law Center Institute of International Legal Studies, did not provided for a clear definition of what terrorism is or who the terrorists are. It only provided for a list of crimes which are already provided in the Revised Penal Code. The definitions given by the law are vague, eliciting different interpretations and translations from different people. Furthermore, it gave the law enforcers “unbridled direction” in carrying out its provisions without giving the public the faintest idea of what acts constitute terrorism. It allows the police or the military an unwarranted access to the suspects thereby increasing their exposure to torture and intimidation during the course of the investigation. Hence, the basic rights of the people to life, liberty and property are curtailed.

While reading the Human Security Act, I wondered why several criticisms about it surfaced. The law seems to cater to welfare and benefit of the majority as what Saint Aquinas described of a Human Law. It took effect last July 16 and it was well disseminated and discussed in the media as well as in different realms of the society.

The HSA's definition of terrorism was patterned after the United Nations'. Terrorism does not exist in a vacuum. It does not have a fixed outcome, its degree and strategies vary from one terrorist to another. That is why giving a specified definition of the acts of terrorism would mean that the law will lack flexibility and adaptability to different situations which can jeopardize the paramount objectives of the said law. This is a manifestation of the vehement efforts of the government to topple down and eliminate terrorism and achieve unity and lasting peace within the state.

Contrary to the criticisms, based on my personal opinion, I don't find the provisions of the law as a means to the suppression of the basic rights of the people. I find it even conducive to developing a sense of accountability among the law enforcers by holding them liable to every actions they will undertake. If not in accordance with the provisions these law enforcers may be legally sanctioned to the detriment of their work and themselves. It has also provided utmost consideration of the individual because all its provisions have provided for a safeguard against inappropriate measures of the law implementers.

The law is also a salient indication of the government's effort to consolidate the functions of its agencies. There is an integrated and concerted initiative by the different agencies. The state “recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military and legal means...with measures like conflict management and post-conflict peace-building, addressing the roots of conflict by building state capacity and promoting equitable economic development”.

It gives primacy to the individual rights of the citizens. The provisions took into consideration every violation against them like the human rights—against torture, illegal surveillance, seizure, etc. It provided for penalties to the law enforcers in cases where there are violations committed by the said officers. A grievance committee has also been created to accommodate the latter statement. It has representations from the major islands of the country to make it more accessible to the people.

The only loophole I can consider is the overarching power given to the Anti-Terrorism Council (ATC). It functions as a planning agency to adopt plans, programs and counter-measures against terrorism; coordinate all national efforts to suppress and eradicate acts of terrorism; direct the speedy investigation and prosecution of all persons accused or detained for the crime of terrorism; and more as enumerated by Section 54 of the said law. This Council is I think, the reason for all of the chasms against the law. Al the violations of the people's basic rights stems from the power of the ATC to declare anyone a terrorist. It has the authority to allow surveillance, arrest without warrant, freeze bank accounts to name a few. These powers when used in their discretion surely is problematic. The composition of the members of the Council is also questionable. It comprised of the executive secretary, secretary of justice, secretary of foreign affairs, secretary of National Defense, secretary of the DILG, secretary of finance and the National Security Adviser all but are members of the Cabinet, which means that there is a huge tendency for it to succumb to the influence of the chief executive. It can be riddled with bias. Since terrorism encompasses al the realms of the society, I suggest that people from the different sectors—civilian, academe, even the church should be represented in the Council so as to give it a neutral face in consideration of all the societal factors.

To end, the ideas of Saint Aquinas qualify the efforts of the Government of the Republic of the Philippines in forging cooperation, unity, and peace. It has created several human laws intended to address the problems of the people. It tries to give solutions to the social dilemmas for the common good. I should point out that the eternal/divine law rules supreme over the human law. Human laws should be compatible with eternal laws because it will be deemed null and void and continuously delegitimized by conscience if otherwise. The enactment of the law is an indication that it is but right, criticisms and oppositions arose, I think maybe of the unfair and humungous power given to the Anti-Terrorism Council to use the office in their discretion even to the point of violating the basic rights of the people. Furthermore, it should be remembered that a hazy decisions in convicting or arresting suspected terrorists will not be beneficial but will create a room for more criticisms. We should develop a strategy of securing a pile of prima faci evidence to be assured of a terrorists' conviction. This law is one way of guiding the people towards a single path—to accountability, respect, cooperation and peace.

Valedictory Address (delivered during the UPVTC graduation ceremony in April 2008)

I am torn between saying goodbye and staying behind. Much as my heart can not even tell whether I should laugh or I should cry. Beneath this emotional confusion I am confronted with, I am but certain of one thing—I am filled with pride and great honor to be part of this brilliantly incomparable batch!

My respect to our University of the Philippines Visayas Chancellor Dr. Glen Aguilar and the UPV officials, to our UPV Tacloban College dean, Dr. Virgildo Sabalo and the UPVTC officials, to our distinguished commencement speaker Dr. Bienvenido Lumbera, UPVTC faculty and staff, parents, fellow graduates, ladies and gentlemen good afternoon.

When my right foot touched the very last step of that stair I have remembered the UPVTC Centennial opening salvo where I mentioned to a friend that one day I will be behind this podium delivering a speech to a number of people. I can’t believe that it would be this soon. This would not be possible without God whom we dedicate this achievement for the guidance towards the right path.

This is indeed a joyful moment but a painful one at the same time.
Victorious but sad at the same time. Sad knowing that we will be leaving behind people we have learned to value and love. Our mentors—to you we owe this achievement. You have unselfishly shared your knowledge with us and freed us from the bondage of ignorance and to all the administrative to the staff for the relentless effort and patience. Forever we shall be grateful.

Mirthful yet sad. Sad because it is the time to say goodbye to some of my friends and classmates. The persons I can consider to be not just friends but brothers and sisters whom realized the essence of mushawaraj mufakat, “unity in diversity”. The “mags sessions”, the bloodbaths, and the cramming will leave an indelible imprint not only in my mind but also in my heart.

Victorious and grateful of course. To our loving parents whose love and sacrifices can never be equated. Your encouragement and selflessness we know, we are very thankful that a plethora of words could not express the euphoria that we feel right now.

With being members of the 32nd batch of graduates of UPVTC and as part of the UP centennial graduates come a Herculean task. Let us therefore make this day a beginning for a greater challenge, of a bigger responsibility. We are all aware that the world is beset with great economic, social and political turmoil. We are affected by global warming and climate change, we are distressed by inflation and the energy and food shortage, we are terrified by armed conflicts and human rights violations. All of which are not pandemic to the Philippines but a global crisis, a global fight.

We the graduates could not stand nonchalant to this sad scenario. Instead we should keep awake, stay in active vigil, through the use of the knowledge and learnings that we have successfully acquired in our four-(or more) year struggle in this institution. And one way of showing it, my fellow graduates is by rising to the challenges of time and become part of this global fight. Wherever we may go, whatever path we may choose, by heart we shall always think highly of the legacy and good name of our Alma Mater. I remember one of our professors would always say “pamoro bo-ot kamo”. Since we are already equipped with the knowledge, skills and values that would eventually become our strongest weapon to face the world, realize our goals and dreams, and make a difference, at this point we should make a decision, we should make a stand. Taking it from the commencement speech of Dr. Lumbera, we should not forget the essence of the UP oblation. We should become responsible individuals and continue excellence, leadership, and service in our respective communities and help rebuild a progressive peaceful nation, and a better peaceful world.

It maybe painful to depart but our memories will always be present here. This is not the end of our journey but a start of facing the challenges of the real world. We strongly shout our yell to everyone FAREWELL but not GOODBYE!
May the good Lord shower us with love, prosperity, unity, and understanding through all our life and all the years to come. Again, thank you and good afternoon!

1565 The Framework of Native Society and Economic Life: A Reaction Paper by Russel S. Pernites

I. Introduction
Chapter 2 in Onofre D. Cruz’ book An Economic History of the Philippines depicted the situation of the Philippines prior the Spanish conquest. He provided a bird’s eye view of the condition of the Philippines vis-a-vis other Southeast Asian countries and the cultural, politico-religious, and economic influences siphoned by the country by means of conducting trade relationships with the neighboring countries. It also presented the different estimation processes used by the early civilization to record the number of people extant. These are the following: tribute-based estimate which was based on the number of tribute paying population taken from the reports of the encomiendas; friar-count estimate based on the reports of the parish or pueblo; tribute-based x 5 estimate which assumed a tribute from a larger family size; census count.
He further differentiated the condition of the barangays in the high lands and in the lowlands. In the 16th century the Philippines was different from the rest of the Southeast Asia mainly because of its geographic location; there were no threat of invasion because most of its neighbors are also in their formative years; there was no supra-union because the different fragmented and idiosyncratic groups function separately mostly for subsistence.
The barangays in the low lands are dependent upon huge bodies of water for their survival and organization. The pre-historic Philippine settlements were lineal and were located on river banks. The major crafts during this phase were: boat making; pottery; making of accessories or gold body ornaments; spinning and weaving; fish corral, fowl, goats, swine, and carabao raising; liquor from coconut and rice, etc. Livelihood, trade, and tradition of these societies revolved and developed around the above mentioned crafts. In the high lands, the Igorots evolved a different lifestyle. The communities were clustered, thereby increasing the solidarity of the members. In contrast with the low land people their survival greatly depended on the use of fire for hunting wild and large animals.
The Southern part of the archipelago developed earlier because it had earlier contacts with foreigners specifically the Islamic countries. They had developed a strong form of governance with the Sultanate and Datu. They also have links with the neighboring Islamic countries.

II. Reaction
This Chapter is a good backgrounder of the circumstances experienced by the Philippine society in the pre-historic era prior the conquest and colonization of the Western powers. It is a good historical review to refresh the idle mind of the students. The group also realized that we should not only be abreast with the current economic trends but more importantly is that we should still be updated with the history of the formation and development of the economy for us to better appreciate and understand the current condition. As the saying goes, “history repeats itself” but we say that it is the course of action chosen by the people who make history more important. Thus, knowledge about the pre-historic economic condition is a very good benchmark for understanding the present and future possible events and relationships that will happen.

Formation of society
The formation of the settlements in the lowland and in the high land Philippines from a sedentary way of life to a highly structured organization can be traced back to particular theories on the formation of the Asian societies. The Hydraulic Society model explains the formation of civilizations located in large bodies of water. As an archipelago, the Philippines can trace the origin of early lowland settlements to this, where lineal communities were extant. According to Wittfogel's analysis, central control over the vital resource of water gave rise to social classes and social and economic specialization, while it also gave the government power of life and death over its population.[1] We can now deduce that it was a natural tendency of people to group and form association to forward collective goals. Aristotle stipulated this idea when he wrote that people at the lowest level form families, then the families group together to form the village, and the group of villages now constitute the highest political association which is the state. The also say that although it was not a conscious intention of the people to form that association it was but a natural consequence of themselves being social beings. The Oriental Despotic Model explains the formation of early settlements in the high land. Aristotle asserted that oriental despotism is based not on force, but on consent. Hence fear cannot be said to be its motive force, instead the power of the despot master feeds upon the servile nature of those enslaved.[2] The high land people like the low landers had this innate tendency to group themselves to achieve a common goal and that is to survive. The group came up with the deduction that, since the high land communities require force and might, it was a necessity for a particular person to lead the group. Thus, a leader emerges in the picture which now sparks the beginning of an organized society.

Foreign Influence
Foreign influences were infused in the early formed society. It has been said that the Philippines is a melting pot of several cultures and traditions since several influences have infiltrated the social realm. This permeation of influences was largely due to the necessity of trade and relationship. Neighboring countries exchange goods and ideas. These influences came in the form of religion, economic, social and political philosophy.
Hinduization happened with the coming of traders from India. Presently their influence can be seen in the Hindu religion, Indian cuisine, architecture and some borrowed language. Sinicization is a very significant event in the Philippine society because the Chinese ideas have deeply rooted into the Philippines that we can not deny its pervasiveness at present. Islamisation especially of the Southern part (Mindanao) is a very salient example of the great weight brought by the belief system of the neighboring Islamic societies.

The group deduced that the formation of the early Philippine society came to a realization because of different foreign influence which accumulated throughout the long years of contact. Presently this can still be observed by the continuous diplomatic relationship among several nation-sates. The Philippines is a member of several multi-lateral and regional agreements, a salient example that historically speaking the Philippines has maintained peaceful, cooperative relationship among countries which still continuous to exist today.

Social Stratification and Governance
The early pre-historic Philippine society has displayed a form of social stratification. Terms like datu, timawa, alipin were used to denote this stratification. The datu being the highest in the structure, usually rule over the people. The timawa are the freemen or noble men and the alipin are the slaves who sell themselves as laborers and are often owned by members of the higher stratum. This again is continuously seen in the Philippine society. Although the classification is presently not used to refer to a particular group of people, a certain inequality in terms of social status and prestige is observable.

The word governance presently has evolved into a process which makes decisions that define expectations, grant power, or verify performance.[3] During the pre-historic time, the group deduced that this process maybe so simple as to include the decisions, agreements, and rules conferred upon by the majority of the members of a particular settlement which covered the relations among the people. The barangay is the basic unit of society. This was the earliest form of social organization aimed at attaining the goals and provided the benefits for the people. The early society had developed this simple form of government until the most recent complex and highly organized structure.

II. Conclusion
To this end, after reading the article the group came up with this conclusion.
During the pre-historic Philippines there already exists a community of people. This community was a natural consequence of the social nature of human beings. These people developed settlements in the low lands by the river banks or other bodies of water and in the high lands by the mountain ranges. These communities have slowly developed their own culture, traditions, and way of life. This way of living was heavily influence by contacts with foreign and neighboring countries. These communities has also subtly developed their own rude form of government and rules which was the basis of their personal relations with each other. So we should not believe that there was no Philippine society prior the conquest of the West. The truth of the matter is there were just no written records of the events during that time. We already have a consolidated society yet there was no name given to this archipelago that is recognized by the international community.
Surely history will always be an important field of study for it will provide the present with the picture of the past which will guide present decisions and future undertakings. The economic history of the Philippines is an important subject for study because this can be used as a basis in the present condition of the Philippine economy and society as a whole.


[1] http://en.wikipedia.org/wiki/Hydraulic_despotism
[2] http://en.wikipedia.org/wiki/Oriental_despotism
[3] http://www.worldbank.com_governance.htm