Thursday, May 20, 2010
A Game You Should Play by Russel S. Pernites
One of the features offered by social networking websites today are the game applications. Through Facebook I came to know the game Icy Tower
Icy Tower
Need for Achievement
I loved the game so much that I play it from the moment I open my computer. I also look forward to seeing how I ranked among my friends who play it. Every time I play it I have the goal to improve my previous score and to rank higher (hopefully number 1). I did this everyday to the point that I tremble because of the excitement and the disgust and frustration because the character fell down. When it does fall, you do the game all over again—back to square one.
According to David McClelland in his Theory of Needs, people’s needs can be classified into three: Need for Achievement, Need for Affiliation and Need for Power. These needs are universally observed among people with different cultures. These are also shaped by differing lifestyles and perspectives. In development studies, it is also argued that development is attained because of the people’s desire and yearning to achieve. Even in simple things we want to be better, we want to improve, we want accomplish, we want to achieve.
Realization
By reason of that need to achieve, I play the game to show that I can improve my score, to prove that I can play the game well and to share my rank to others. Until one day, I asked myself, I play the game to achieve? To achieve what? I realized that the game was becoming a habit—a bad habit at that. A bad habit because it took minutes and then hours of my time which should have been devoted to work. It was close to obsession. As of this moment, I have already deactivated my facebook account to keep myself from playing the game (I once in a while reactivate it though, to receive updates from friends and relatives).
This entry is neither intended to discredit the game nor serve as a negative criticism against the game. In fact, I recommend the game to all game enthusiasts who want something to pass their time or relax from a boring life. My point is that we all have the desire to achieve. We all want to improve; we all want to be better. In simple things, including the games we play, that desire will always make manifest. In that desire to achieve we should always remember to do it without compromising others—other people (do not step into other people, learn to appreciate, listen and encourage), our work (earnestly do your work, do not procrastinate), our selves (be critical in every decision, do not be carried by the present euphoria, think and be honest). We want to achieve for the fact that it boosts our morale; we want to achieve because we want to help ourselves and eventually help others but we should reach it not at the expense of others.
P.S.: try playing it Icy Tower
Wednesday, May 19, 2010
No Post
I went out of office the whole afternoon. I haven't managed to post a blog. haha...(this is a post right?)...heheh
Tuesday, May 18, 2010
12 Senators Proclaimed
As of today, the last three (3) remaining senatorial candidates has been proclaimed by the COMELEC to complete the twelve new set of Senators who will serve in our Congress for six (6) years. Our new (actually some are re-elected, I wonder why the people chose to re-elect some???!!!!) senators are:
The Prayer by Russel Pernites
Contribution
When I attended the Holy Mass last Sunday, the gist of the priest's message is about our mission to continue spreading the Words of God. The priest related the Homily to the Church's celebration of the World Communication Sunday. He reiterated that aside from spreading the Words, we should also be witnesses to the Words that we spread.
The priest focused on the importance of the internet on the present life of the people. He cited experiences where the internet served as a medium for spreading the Words of God. He was able to communicate with his friend in Malaysia and learned that he is serving in the Church there. He also received a message from a Catholic who asked if he could just send his confession thru the e-mail (I was really amused when according to him, he replied by saying "just send it directly to God") and a lot more. He showed how the internet facilitated the people's desire to hear the Words of God and the ways through which we can share them. By reason of that message, I convinced myself that this blog should also contain entries wherein I can help in spreading the Words of God. In this little way, I will be able to make a contribution.
The Office
I have been working in a Law office for 6 months. I am doing legal researches, draft documents, go out to meet with clients, transact with government offices or just run errands. There are days when the whole office is turned into a "bring me" or "treasure hunt" game where all of us will be looking for a particular document that is supposedly kept around the corner (records keeping really needs improvement, records keeper and of course human memory too). It is difficult especially when you just took over somebody else's post and not familiar with the lost document. Sometimes we get frustrated and desperate and when that moment comes I just wish I could pray to Saint Jude to intercede.
Saint Jude
Saint Jude Thaddeus is one of the twelve Apostles of Christ. He is oftentimes referred to as "The Miraculous Saint", "Patron Saint of Lost Causes and desperate cases." He is the respite of those whose hope is lost because at the last moment help will come through his intercession.
As an Apostle
St. Jude Thaddeus, who has been named tenth and eleventh in the list of apostles by St.Mathew and St.Luke, is the cousin of Jesus ( Mathew 13 : 55 ). He is the son of Cleophas and Mary Cleophas who is the sister of the Virgin Mary ( John 19 : 25 ). The evangelists St.Mathew and St.Mark call him as 'Thaddeus', not to mix up with the betrayer Judas Iscariot.The popular name 'Thaddeus' is a Greek name, which means 'great hearted one'. True to his name, the world celebrates him today as "The Saint of the Impossible".
As an Evangelist
Bible's reference to Saint Jude is short, just as his letter which is again the last of the 'Epistles of the Apostles'. The 'Acts of the Apostles' also do not cover any of Saint Jude's Evangelism. But many historians conclude that Saint Jude preached along with St. Simon Peter.In ' The Contendings of the Apostles ', an ancient scripture, the preachings of St. Jude's and preachings of St. Simon Peter's in Palestine has been elaborated. He spread faith in Christ starting from Judaea, Galilee, Samaria and Idumaea, and afterwards in the land of Arabia ,Syria and Mesopotamia and came, finally,to the city of Edessa Jerusalem
As a Martyr
The Apostle is said to have suffered martyrdom in Suanis, which was then subject of Persia
St. Jude is traditionally depicted carrying the image of Jesus in his hand. It represents the imprint of the Divine Countenance that was entrusted to him by Jesus. King Abagar of Edessa in Syria, asked Jesus to cure him of leprosy and also sent an artist to bring him a drawing of Jesus Christ. Impressed with King Abagar's great faith, Our Lord pressed his face on a cloth and gave it to St. Jude to take to Abagar and cure him. The King was cured and converted to Christianity along with most of his subjects.
As a Saint
After the martyrdom, pilgrims came to his grave to pray and many of them, experienced the powerful intercessions of St. Jude. Thus the title, 'The Saint for the Hopeless and the Despaired'. St. Bridget of Sweden & St. Bernard had visions from God asking him to accept St. Jude as 'The Patron Saint of the Impossible'. In 1548, Pope Paul III declared the feast of St. Jude to be celebrated on 'October 28' every year. In the 18 th century, the popular devotion of St. Jude was strengthened in France and Germany. Today, more than ever before, the world is witnessing St. Jude's powerful intercessions on behalf of the helpless and the devotion to St. Jude is spreading with the blessing of our living God. (www.stjudetvm.com/biography.html)
As a Saint
After the martyrdom, pilgrims came to his grave to pray and many of them, experienced the powerful intercessions of St. Jude. Thus the title, 'The Saint for the Hopeless and the Despaired'. St. Bridget of Sweden & St. Bernard had visions from God asking him to accept St. Jude as 'The Patron Saint of the Impossible'. In 1548, Pope Paul III declared the feast of St. Jude to be celebrated on 'October 28' every year. In the 18 th century, the popular devotion of St. Jude was strengthened in France and Germany. Today, more than ever before, the world is witnessing St. Jude's powerful intercessions on behalf of the helpless and the devotion to St. Jude is spreading with the blessing of our living God. (www.stjudetvm.com/biography.html)
The Prayer
To this end, I would try my best to keep entries which will in one way or another help spread the Words. In times of predicaments and despair may St. Jude intercede through this prayer:
O most holy apostle, St. Jude, faithful servant and friend of Jesus -- People honor and invoke you universally, as the patron of hopeless cases, of things almost despaired of. Pray for me, for I am so helpless and alone. Please help to bring me visible and speedy assistance. Come to my assistance in this great need that I may receive the consolation and help of heaven in all my necessities, tribulations, and sufferings, particularly (state your request) and that I may praise God with you always. I promise, O blessed St. Jude, to be ever mindful of this great favor, to always honor you as my special and powerful patron, and to gratefully encourage devotion to you by publishing this request. Amen.
Monday, May 17, 2010
Opportunity Missed, Opportunity Found
Planetary Conjunction
Last night the world witnessed a spectacular show on the high heavens. A phenomenon called planetary conjunction took place between Venus and Jupiter. The two planets aligned and below it was the crescent moon (first quarter) exuding a vibrant smile on the backdrop of the clear skies.
Unfortunately, I was not able to witness it because I was ironing my clothes. A good friend sent me a text message to look at the picturesque moon and take a picture of it. I said that I will look at it when I will finish what I was doing. I forgot about it until a news was flashed on tv regarding the panorama. When I went outside, it was too late. All I saw were stars and the dark clear skies. Too bad I missed a rare opportunity! I got this picture from NationalGeorgraphicNews.com....
Laugh Trip
Despite the opportunity missed we should view things on the positive light and on a different perspective. A day before the planetary conjunction, we watched a Filipino comedy movie--Here Comes the Bride. The movie revolves around five persons whose lives were dramatically changed because of an accident which happened on a magnetic hill during a solar eclipse. A solar eclipse happens when the moon blocks or covers our view of the sun. It is a rare phenomenon which happens only once in several years.
The movie is a mixture of fiction, comedy and reality. It is fictitious because scientific facts were not accurately explicated. For instance, the magnetic hill is not really a magnet nor does it have a magnetic field. Although the presence of Kuya Kim made it all sound veritable, it cannot escape the inquiring mind (hehe). It can rightfully claim success on its hilarity. The casts have played well every person's respective character. The yaya who became a lolo. The lolo who became a young man (the man was originally a beautician, I mean an image stylist), the image stylist who became a beautiful woman, the beautiful woman who was trapped in the body of her old maid, lawyer-godmother, the lawyer-godmother who became a yaya. It was full of twists and turns and the of course the natural comedic talent of the casts are beyond compare. It kept me laughing from the start until the end. On a more serious note, the movie depicts a reality that we should ponder. People are situated differently, may it be in the social ladder, political or economic status and in love. We cannot comprehend the fact that sometimes we are not contented with what we have. We tend to ask and want for more. Some career-driven and successful people want a simple life. Those who have more money has less in relationship. The poor wants money. Sometimes some people set aside love in exchange for fortune. Some want to be young. And the list goes on and on. Sometime we look up at others to the point of idolatry. That is not totally bad. It can be helpful because according to sociologists, it is one way of coping with problems. It drives our desire to work, persevere and succeed like the people whom we idolize. One thing that we should avoid it the feeling of envy and ill desire.
To this end, I say, what our life will be depends on how we live it today. We sometimes miss opportunities but we should continue living and open our eyes to other opportunities awaiting us. Cynosure.
Best Poem
This was forwarded to me through email....I want to share it with you...
Nominated by UN as the best Poem of 2006 - Written by an
African Kid
When I born, I black : เมื่อผมเกิด ผมผิว ดำ
When I grow up, I black : เมื่อผมโต ขึ้น ผมก็ยังผิวดำอยู่
When I go in Su n, I black : เมื่อผมอยู่ ใต้แสงแดด ผมก็คงยังผิวดำ
When I scared, I black : เมื่อผมกลัว ผม ก็ผิวดำ
When I sick, I black : เมื่อผมป่วย ผมก็ ยังผิวดำ
A nd when I die, I still black : และ เมื่อผมตาย ผมก็ยังคงผิวดำ
A nd you white fellow : และ คุณ...เพื่อนมนุษย์ผิวขาว
When you born, you pink : เมื่อแรกเกิด คุณมีผิวสีชมพู
When you grow up, you white : เมื่อคุณ โตขึ้น คุณมีผิวสีขาว
When you go in sun, you red : เมื่อคุณ อยู่ใต้แสงแดด คุณมีผิวสีแดง
When you cold, you blue : เมื่อคุณหนาว คุณมีผิวสีน้ำเงิน
When you scared, you yellow : เมื่อคุณกลัว คุณมีผิวสีเหลือง
When you sick, you green : เมื่อคุณป่วย คุณมีผิวสีเขียว
A nd when you die, you grey : เมื่อคุณตาย คุณมีผิวสีเทา
A nd you calling me colored?? : และทำไมคุณเรียกผมว่า คนผิวสี ??
Nominated by UN as the best Poem of 2006 - Written by an
African Kid
When I born, I black : เมื่อผมเกิด ผมผิว ดำ
When I grow up, I black : เมื่อผมโต ขึ้น ผมก็ยังผิวดำอยู่
When I go in Su n, I black : เมื่อผมอยู่ ใต้แสงแดด ผมก็คงยังผิวดำ
When I scared, I black : เมื่อผมกลัว ผม ก็ผิวดำ
When I sick, I black : เมื่อผมป่วย ผมก็ ยังผิวดำ
A nd when I die, I still black : และ เมื่อผมตาย ผมก็ยังคงผิวดำ
A nd you white fellow : และ คุณ...เพื่อนมนุษย์ผิวขาว
When you born, you pink : เมื่อแรกเกิด คุณมีผิวสีชมพู
When you grow up, you white : เมื่อคุณ โตขึ้น คุณมีผิวสีขาว
When you go in sun, you red : เมื่อคุณ อยู่ใต้แสงแดด คุณมีผิวสีแดง
When you cold, you blue : เมื่อคุณหนาว คุณมีผิวสีน้ำเงิน
When you scared, you yellow : เมื่อคุณกลัว คุณมีผิวสีเหลือง
When you sick, you green : เมื่อคุณป่วย คุณมีผิวสีเขียว
A nd when you die, you grey : เมื่อคุณตาย คุณมีผิวสีเทา
A nd you calling me colored?? : และทำไมคุณเรียกผมว่า คนผิวสี ??
Saturday, May 15, 2010
A Walk to Remeber: The Amazing Way by Russel S. Pernites
This is a re-posted blog. This was first posted in my friendster blog way back December 2006. This was a product of being enamored with the Harry Potter series (I was reading HP and the Half Blood Prince When I wrote this) and the undeniable fact that ties with my high school classmates were strongly knit.
Wednesday afternoon was boring, I was partly depressed for the death of Professor Dumbledore, having been engrossed in reading Harry Potter and the Half Blood Prince courtesy of the tickler laugh Preya. After forty winks some of the team amazing came- jen, prey, nim, we took a short walk when we saw a boot, an unusual looking boot missing its pair, hanging on a tree. I grabbed it and the rest did too, we were astonished! It was a portkey! Hedonic sensations and muscle spasms as if we were stretched, bended, and folded..ahh....
The portkey transported us to the veteran's park, less people yet around, sun starting to set. We took side glimpses then walked around while talking about anything and everything under the sun. After sitting by the sea wall, feeling the warmth of the cold breeze ( no signs of dementors but just freedom and belongingness), the whacky ideas sprouted. We decided to go up the stage not far and just stay there but unexpectedly we joined the children playing patintero beside the stage. They let us in so the game is on. Me and Jen, Nim and Prey together with the rest of the gang! They're like goblins running with us.
The game was indeed very fun! I have stretched my muscles abruptly, I think I strained it. The rest also did I guess. The group of Nim and Prey won with a margin of two. What is surprising is the team's shared interest..hehe--childish some would think-- the passersby but the hell we care! What's important is we've enjoyed and we've got a bunch of supporters including a mother to one of the kids.We've realized as if looking through the Pensieve that we should really not miss the critical period of childhood and it is great to experience it once more. After we bade goodbye, we took a rest while quenching our thirst with a glass full of mango-shake. Some thoughts transpired. We've agreed that we have narrow sources of happiness..hip hip! Hooray!
That's ok!
We've also took notice of the monicker the children gave-- bo-og, sakang, tambok, to name a few, all referring to their physical features or whatever it is obvious! It is a sad situation that children are stigmatizing fellow children but it is just a child's game! Another realization was that in children what they say passes to the other ear and mean nothing at all. A fight one minute, the next it's gone. Another shocking discovery we found in this children is their mindset, maybe due to the environment and the people they are exposed to. Obscene, frivolous, even blasphemous words come out of their mouth. We just hope they don't attach meaning to them, but just empty words used because they're swak!..hehe
We've got no notice of the time so the team amazing decided to go home (we can't use time turners anymore). We haven't eaten supper and we should not stay so late for yet another gig tomorrow.
Parting time! The four turned on their backs..destination, delibertion, then disapparate!
Friday, May 14, 2010
Shadow of Doubt by Russel Pernites
The Shadow of Doubt Probing the Supreme Court is a 267-page investigative book written by Marites Dañguilan Vitug. Ms. Vitug is a distinguished investigative journalist and has written various books which received local and international recognitions. She is also the editor-in-chief of the Newsbreak.
The book has become controversial because of the antagonism for its publication and release. Some members of the judiciary said that the book will shake the foundation of the Institution and it will create distrust and doubt among the people. Some said that the contents of the book are all hearsay because there were no hard proof and evidence presented to prove the same. Names of the reliable informants were withheld, thus, casting uncertainty on its credibility and veracity. All these roused anticipation among the readers so that even before its release reservations in bookstores nationwide were overwhelming. Media reports and exposure even heightened the hype.
I was one of the thousand or million readers who waited patiently for its release. When Ms. Vitug came to Cebu on April 14, 2010 for the Shadow of Doubt book launch, I never hesitated to grab a copy (with autograph and dedication from the author herself. P.S.:Thanks to Atty. John for the opportunity).
The blindfolded lady holding a scale on the left hand and a sword on the right on the background of huge pillars and intricately designed architecture and wall carvings on the cover page creates an inquisitive setting. The high and thick wall, the ancient-like design and the taciturn environment pushes you to open that page and discover what lies ahead, what do its contents say? Are all the criticisms true? Were all the information valid?
According to Supreme Court retired justice Angelina Sandoval-Guttierez, “the book covers an entirely novel and complex subject, an uncharted area no writer has ever sailed…” Indeed, Ms. Vitug displayed incomparable bravery and courage for coming up with this historical treasure. As a law student I have been awed by the judiciary. I have read cases decided by our Honorable justices. I have been an admirer of how our justices use the power of the word and of the pen to uphold the Constitution and the laws. I have studied (and will continue to study) the Rules of Court but we never had any idea on what happens inside the Court and on its people.
Honestly, I have not known Ms. Vitug until this book came. I have not read any article or editorial of her (in fact it is only upon writing this that I have opened newbreak.com.ph and read its contents). I admire the way she wrote the book. She conveys her story to the reader as if you were ordinarily talking inside a coffee shop but she did it in a way that maintains her firmness. She had as much as possible cited dates, names and events. She was one of the few persons I know who is able to see the interconnection of people, events and history. She was able to connect the present with the past--the present decisions and actions of the major role players mentioned in the book with their past and their connections. She was keen even on minute details, on names and dates (though some names were indeed not mentioned due to confidentiality).
As a whole, I do not consider the book as an “expose” on the judiciary nor an attack on the Institution. I expected a spectacular clash, a humungous cry, a devastating attack but I found it subtle more akin to presenting and introducing the not-so-open to the public branch of the government. I am not saying that it does not deserve its controversial status but I must say that some critics were over reacting. Some of the pieces of information are entertaining, some are interesting, some are shocking, some are revealing, some are terrifying, some are eye-opening, some are vague. At the end of the day, whether or not to believe all these is left to the sole discretion of the discerning mind of the reader.
My salute to ms. Vitug for coming up with this book. It provided a door for “ordinary mortals” to have a closer glimpse at the highly dignified judiciary. It personified our justices. It presented them as humans, not as the Honorable persons whose every move is based on strict rules and tradition. It showed how some faltered but able to gain control and momentum. As I closed its last page, I am hopeful that this book will serve as a continuous reminder for the Institution to be guided not by their personal call but by the Rule of Law and for the benefit of the sovereign people.
Thursday, May 13, 2010
The Success of One Filipino is the Success of the Philippines by Russel S. Pernites
Do not follow where the path may lead. Go instead where there is no path and leave a trail. -- Muriel Strode
The May 10, 2010 election is a historic event. After years of people’s clamor for change, now the time has come where the people’s sovereignty is again exercised. I personally impelled myself to go back to
Three days from the day of the election, our new Head of State and Government has been unanimously voted—President Benigno Aquino. The overwhelming result is a well deserved victory because despite all the criticisms and character assassinations the electorate remained firm and chose intelligently. I have observed that the Filipinos have a unique political culture. Whenever we are confronted with a situation, we decide based on that situation alone ignoring history and experience. I must say, that the considerable number of votes received by former President Joseph Estrada substantially depicts that culture. On the other hand, this can also be viewed in a more positive light. President Estrada has done an impact to the “masa”, but he was a victim both of circumstance and of the people around him. Filipinos, I must emphasize do not forget but decide based on the present, they may have seen hope on the former president above and beyond the hope that they saw on the other candidates.
Several critics have been enamored of throwing ill remarks against the “ambitious” Automated Election System (AES) that the COMELEC has adopted. At the outset plans to destabilize and to meddle with the AES have been reported. Major delays and setbacks also arose a few days before the election but by reason of our continued idealism, belief in the system and the people’s vigilance the AES is the true winner!
Monday, December 14, 2009
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.
Tuesday, March 3, 2009
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."
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."
Sunday, January 18, 2009
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?
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”!
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.
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.
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.
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