A Prayer for the Earth

 A Prayer for the Earth

by Pope Francis, Laudato Si

All-powerful God, you are present in the whole universe 

and in the smallest of your creatures.

You embrace with your tenderness all that exists.

Pour out upon us the power of your love,

that we may protect life and beauty.

Fill us with peace, that we may live

as brothers and sisters, harming no one.

O God of the poor,

help us to rescue the abandoned and forgotten of this earth, 

so precious in your eyes.

Bring healing to our lives,

that we may protect the world and not prey on it,

that we may sow beauty, not pollution and destruction.

Touch the hearts

of those who look only for gain

at the expense of the poor and the earth.

Teach us to discover the worth of each thing,

to be filled with awe and contemplation,

to recognize that we are profoundly united

with every creature

as we journey towards your infinite light.

We thank you for being with us each day.

Encourage us, we pray, in our struggle

for justice, love and peace.

Envi groups call for Basel Ban ratification and total ban on waste imports; Blurred lines between “legal” and illegal waste trade turning PH into a dumping ground

The blurred lines between “legal” and illegal waste trade have turned the country into the world’s waste bin, this is the conclusion of a new policy report on waste trade launched today at the Philippine House of Representatives. The report, co-published by Greenpeace Philippines and EcoWaste Coalition, details policy gaps that potentially make illegal waste trade into the country seem legitimate. The groups are calling on the Philippine government to ratify the Basel Ban Amendment[1] and for Congress to pass into law a total ban on waste imports.

“Waste trade has been a perennial challenge in the Philippines,” said Party-List TGP Representative Jose Teves, Jr., “To fully solve this problem, we need to look at not just how current policies may be improved, but we need to take advantage of international policy instruments, such as the Basel Ban Amendment, as well as enact into law a strong waste trade ban.”

The report, titled Waste trade and the Philippines: How local and global policy instruments can stop the tide of foreign waste dumping in the country, is a policy paper that looks at current waste and importation laws to identify gaps and loopholes that allow waste trade to happen. Current thinking on illegal waste trade into the Philippines focuses on lax enforcement of environment and customs laws that make illegal waste trade lucrative, and many reported cases of illegal waste trade are cases of misdeclared cargo. The report shows that, given gaps in policies, actual number of cases of illegal waste trade are likely underreported.

Potential policy loopholes include: allowing “recycling” of imported waste, the current definition of waste in Philippine laws, and provisions that only deal with specific types of hazardous waste and not other types of waste which may also be potentially harmful. Waste trade primarily for “recycling,” and under certain conditions, is legal in the Philippines. However, there is no sufficient and effective monitoring whether the waste would be properly handled once they entered Philippine shores. For example, there have been many documented cases of imported electronic waste, used lead-acid batteries, and plastic scrap (all legal under the law), ending up in backyard recycling facilities, being processed crudely by workers with no personal protective equipment and with no environmental protection measures in illegal facilities, or in registered facilities that lack adequate environmental safeguards or permits.

“Our laws are not strong enough to protect the country from developed countries like Canada, Hong Kong, and South Korea’s potential to abuse the existing loopholes. It is high time for the government to greenlight the ratification so we can have a stronger defense against the potential human security impact of waste importation,” Aileen Lucero, National Coordinator of EcoWaste Coalition said.

“At its core, waste trade is an issue of justice,” said Greenpeace Philippines country director Lea Guerrero. “Trade of waste typically follows the route of least resistance and cheapest cost, and where either occurs, there is almost always an externalized cost in human and environmental impacts. If the Philippines remains wide open to both illegal and “legitimatized” waste trade at a time when many other countries are closing their doors to waste imports, we will become the preferred destination for foreign waste. We need to address these policy gaps immediately.”

“The immediate ratification of the Basel Ban Amendment, and the bold step of banning waste imports in the country sends a strong message to the international community that the Philippines will not be a dumping ground of any waste.” Atty. Gregorio Rafael Bueta, author of the report said. “There are sufficient international and national legal justifications to ratify the Ban Amendment – and this will be an opportunity for the country to align itself with growing international calls to halt waste trade, especially to developing countries.” 

---

Notes to editors:

[1] The Basel Ban Amendment prohibits the export of hazardous wastes and “recycling” materials from rich countries belonging to Organization of Economic Cooperation and Development (OECD), European Union (EU) and Liechtenstein to developing countries. The Philippines has yet to ratify the said amendment to the Basel Convention Ratification is also called for by the international and national legal bases discussed in this report. Taking this bold step will align Philippine policies with global efforts to curb waste and waste trade.

Source: https://www.greenpeace.org/philippines/press/4205/envi-groups-call-for-basel-ban-ratification-and-total-ban-on-waste-imports/

Throw Back: Vocation Week Reflection 10 Years After

I recently stumbled upon a Vocation Week Reflection which I gave 10 years ago at the Ateneo School of Law. Whether it was purely by accident, but most likely by God's plan, I look back at my thoughts when I was still a law student, and at how I viewed the profession which I am in. Looking back too, I know that the past 10 years have all been part of God's beautiful design, both ups and downs, highs and lows.

As graduation comes for many law students (and also for those in the thick of studying law), I hope this reflection helps you step back, take some quiet time and reflect on the profession you are in. Take time too to offer everything up to God, to surrender to His will, and to allow Him to chart the path that is best for you. And in the words of St. Paul - fight the good fight, finish the race, and keep the faith!

________________________________________________

"Vocation Week
February 16-20, 2009
Ateneo Professional Schools
Rockwell, Makati

Reflection for the 5th day
(February 20 - shared during the Homily period at 12:15pm Mass)

A law student's life can get very monotonous: wake up early in the
morning, have breakfast, read for school, prepare for school, read
some more, have coffee, read again, go to class, read in  between
class, go home, read for the nth time and finally go to sleep having
dreams about next day's lessons. With this kind of lifestyle and the
high standards expected of any student, one will not be surprised at
the thought of law students suddenly being disconnected from the
world. So it's not surprising to find only a few law school students
actually joining orgs, volunteering or even finding time to pray, to
go to mass or engage in other meaningful and worthwhile activities
outside of law school.

I found myself entering this world 3 years ago. Studying law was one
of my options after college and I told the Lord that whatever
opportunities are given to me I'll take it just so long as I feel that
I'm doing His will and His work. While on a vacation I got a call that
I passed Ateneo Law and I realized that this is where God wants me to
go, because He found a way to give me the good news just when I was
trying to find some quiet time after graduation. I prayed before
enrolling, asking for His guidance and blessing and I took the leap of
faith, entered law school and began the journey I'm on now.

The past 3 years had been quite a ride, with ups and downs, triumphs
and defeats, literally like being on a roller coaster. I found myself
preparing for a profession with high demands and standards but
unfortunately, a profession which can also challenge your morality,
values and faith at times. It was a scary prospect to hear that a lot
of lawyers choose to do what is convenient rather than what is right,
or choose to do anything to win rather than doing what is fair and
just. With this dilemma at hand, I prayed to the Lord and asked Him
that if I should lose my way in the future and end up becoming the
kind of lawyer I feared, then He should let me fail law school now,
not become a lawyer and lead me to another vocation. Well with 3 years
down the line, by the grace of God I?m still here in Ateneo Law and
I'm thinking this is still the place where He wants me to be right
now, so I might as well make the best out of the opportunity by
studying and working hard.

The most important role that my faith plays in my life as a student,
as a member of an organization, or as a volunteer in the Ateneo Law
School community is that it keeps me grounded and rooted in good
values, which help me get through whatever challenges I face. It gives
me a firm place to stand on when faced with a dilemma on what to do or
on what path to take. It gives me comfort when things get too hard,
not just with school, but with life in general. Most important of all,
my faith keeps me on the right path - to study law not to be rich nor
powerful or famous, not to be admired nor praised or feared, but
rather to toil and work for 4 years knowing that in the end this noble
profession is indeed the noblest of its kind because at its core is
the desire to serve others, to do justice to every person we meet and
to try to make the world a better place to be in for those who are
most in need.

In the Gospel, we hear the story of Jesus asking his disciples "Who do
people say that I am?" Today, I believe we are being asked the same
question: "who Jesus is to us?" and as I ask this question to myself,
I reflect on my sharing today. Jesus to me is not simply my God and
creator but rather He is my friend, my companion and my source of
guidance and strength as I trod along and continue on the roller
coaster ride that is law school. In everything that we do, may we
always find the compassionate God that Noah knew and the friend and
companion that we always need as we go through this great journey
called life.


GREGORIO "Grip" BUETA
3rd Year Student
Ateneo Law School"

Source: https://lists.ateneo.edu/pipermail/blueboard/2009-February/012093.html

A Different Kind of Fast for Lent - Do It For Climate Change!

Last 6 March, Catholics around the world began the observance of the Lenten Season with Ash Wednesday. During this season, most people usually (or traditionally) give up eating meat, chocolates, or other food considered as "treats". The goal is to experience, at least for a few days during lent, sharing in the simple lifestyle, and suffering of those who have less in life. This is done along with prayers and alms-giving.

During his sermon, a bishop in England called on Catholics to do a different kind of fast -  one for the environment and climate change - instead of giving up sweets and treats. He said people can use less heating (since it's still winter there), take public transport, reduce waste and recycle. He recalled Pope Francis' encyclical, Laudato Si, released in 2015, which decried the consumerist and wasteful lifestyle of people today, to the detriment of Creation, the natural environment and other creatures on Earth.

This is indeed a unique way of fasting and sacrificing for Lent. What better way of giving glory to the Lord than by glorifying and protecting His creation?

Here's a short list of fasting options which I think all of us can easily do everyday, without much sacrifice but with great benefit:

• Ditch that plastic and paper bag - bring your own reusable bag (preferably made of natural materials and not plastic too), it can easily fit your bag or pocket even. Refuse those tiny bags where they put small items which fit your pocket! 
• Skip the straw, plastic cover, and stirrers - when you buy your favorite coffee drink, milk tea, or any beverage, refuse the cover and the straw too, and simply use your God-given body parts. If staying in-store, request for it to be served in a mug (and if they don't have one, demand for it!). Bamboo and metal straws are also available now in the market. Forget those plastic stirrers as well. Usually your drink doesn't need them. If you have to use one, ask for a metal spoon instead. 
• Bring your own set of utensils - single use spoons, forks, and knives - those we use at fast foods and for take-away - also constitute a bulk of the plastic waste out there. Even though these are already biodegradable options out there, its still better to skip these and reduce waste. It wouldn't be too hard to bring a set and tuck it away in your bag. 
• Use a jug or tumbler for water - many people say that water is a basic necessity which should be free, and it shouldn't come from a bottle (this can be the subject of a whole different discussion). Plastic bottles and their caps are another major source of waste. Bring a jug or tumbler along - refill it at the restaurant or coffee shop before you go, or head to the mall's food court for a quick refill. Keep one in the office and in the car, so you'll always have the choice to bring it along. 
• Go for your handkerchief or the dryer to wash your hands - people get into the habit of pulling to many sheets of paper towels to dry their hands. Maybe because its free; maybe because one can find joy in pulling something and magically another one appears in its place. Use your handkerchief, or the hand dryer instead of the paper. If you do have to use one, shake your hands well first to get the excess water off, before you gently pull that one piece of paper out.

The list can go on and on - but will stop here. Feel free to add to this "Lenten fasting list"and share your own little ways of helping the environment. After all, its the small things that each of us does that can have the biggest impact. As one Australian song says - "From small things, little things grow!" 

Have a blessed, and green, Lenten season! 

See: https://www.bbc.com/news/uk-england-manchester-47468761

BE HONEST! A Call for Filipino citizens and leaders

Collapse of Civilizations Because of Climate Change: Is It Time To Worry?

I recently came across this article from the BBC which looked at whether or not we (the current humans living on earth and our civilization) are on the road to collapse. The author looked at and surveyed ancient civilizations from as early as 3000BC to see what led to their demise. There were a mix of factors (some with unique events which led to their sudden demise like a major defeat in battle, coups, etc. ). But what's striking are the common reasons why civilizations collapse. Of the six factors, three relate to how we are continuously destroying and misusing the natural earth: CLIMATIC CHANGE, ENVIRONMENTAL DEGRADATION, and indirectly INEQUALITY AND OLIGARCHY. Let's briefly have a look at each and see if these are happening now.

No doubt (and I must say THE SCIENCE IS SETTLED) that climate change is happening. We have more severe (and unexpected) weather happening year after year in different parts of the world. Floods, droughts, snow storms, heat waves, cold spells, hurricanes, typhoons, cyclones - you name it and we've all experienced the worst of it. Just a few days ago, weather in London was reported to be at its highest during winters at 20 degrees Celsius. Sure people there had a good time basking in the sun and enjoying the warmer than usual weather - but it got scientists and climate activists worried at whats to come. In the Philippines, weather authorities are asking people to brace themselves for a stronger than usual El Nino year -  which means a drier summer and a wetter rainy season!

Let's now talk about environmental degradation - another no brainer in my opinion. Despite the positive results we are seeing nowadays - more people are now aware and doing the bit that they can to save the environment that's left - it is all still not enough. Forests continue to be cut, species are still becoming extinct by the day (by some estimates), and our rivers, lakes, and oceans have yet to be freed from our plastic and rubbish. Our consumerism and wasteful lifestyle have pushed our natural resources and nature's carrying capacity to alarming levels. Last year, plastic was the enemy. This year, UN Environment is targeting fast fashion - a little-know massive waste producer by shoppers!

Lastly, you have inequality and oligarchy. These I think are the results of both climate change and environmental degradation. As natural resources become more scarce, those who are already impoverished will have more difficulty accessing their basic needs - while the 1% (the oligarchs in society) do everything that they can to ensure they keep their 1% status (but note that not all are like this, and there are philanthropists who are using their wealth to make a difference).

I'm sure all these seem familiar and many are not surprised. So back to my question - is it time to worry? My answer is yes. If you care about what's ahead in a few years time, then yes it is time to worry. If you want a world which can sustain life for your children and grandchildren, and their children, then yes it is time to worry. If you are disturbed at the path which society and civilization is taking now, then it's time to worry. If you are bothered because your own family member, your spouse, child, office mate, or friend simply doesn't care about climate change and the whole host of environmental issues, then it's time to worry.

But my message is this - translate that worry into action, channel your worry to inspire you and those closest to you to act. Use that inner voice telling you to worry to move to a more positive tone. Taking cue from Atty. Tony Oposa, now is not the time to worry, the time for action is now! 

See: 
http://www.bbc.com/future/story/20190218-are-we-on-the-road-to-civilisation-collapse

The Green Thumb Coalition: Are Clean and Green Philippine Elections in 2019 Possible?

Last month environmental groups and frontline organizations from the Philippines launched the Green Thumb Coalition - with the goal of urging candidates to veer away from waste and embrace a green platform. They also want candidates to to commit to advance policies in promoting the environment, sustainable development, and people's welfare. The GTC is composed of over 40 national and local organizations which tackle various environmental and social issues.

The GTC also encouraged candidates to align their platform with solutions to issues concerning dirty and costly energy, waste management, comprehensive land use, mining, climate justice, biodiversity, human rights, and sustainable development, collectively known as the Green Electoral Platform.

Each elections green groups and environmental advocates have called upon candidates and politicians to adopt a green agenda, to openly commit to supporting legislative proposals that benefit nature and the environment. However and sadly, many politicians only pay lip service and their promises remain just that - promises. As the Filipino saying goes - mga pangakong napapako! (promises that hit a nail and burst a tire). Ask them their stand on a critical environmental issue, and most likely you'll get the same motherhood statements you usually hear. Details are missing, and commitment is often lacking.

Then there is the issue of electoral waste - tarpaulins, flyers, souvenirs, pocket calendars, baller IDs, and the the list goes on! Sure elections do drive up the Philippine economy with all the campaign spending and extra work for people as watchers and paid volunteers. But all these happens at the cost of the environment. Worse is the fact that environment and climate change are not really prioritized by the candidates. Who gives nature a voice during elections?

This makes the Green Electoral Platform of GTC all the more important during an election. Candidates should commit to the most pressing environmental issues, so if they get elected the people can hold them accountable for failing to fulfill their promises. It's a given that environmental degradation and climate change are most pressing challenges of our time. It's a crisis, and action is needed, now and urgently. Voters should also demand that candidates have a greener campiagn - go for environmentally friendly and recycled materials, use non-print media more to save on paper, and reduce waste in all aspects of the campaign operation. If voters start demanding, then candidates will start answering.

More later on the what the agenda can include, and some specific issues to watch out for.

For now, let's support the Green Thumb Coalition, and start giving mother nature a voice in our elections.

For more information and sources: 
https://www.facebook.com/notes/green-thumb-coalition/green-advocates-call-for-clean-green-elections/2249392255376077/
https://www.rappler.com/nation/politics/elections/2019/221260-what-candidates-should-avoid-from-tarpaulins-funds-from-mining

And We’re Back!!!

Almost 10 years since I started my blog, and almost 9 years since my last post, I have decided to once again share my ideas, thoughts, and ramblings to those interested out there. I began my blog to share my views on current events and life in general – a way to share stories, start conversations, stir emotions, provoke action, build support, and many more. This space can be a place where people from all walks of life can hopefully pick something useful for what’s important for them – be it their family, their work or career, the country, religion, or simply life itself. I also saw this blog as a place where I can share things I am passionate about, and hopefully awaken your senses into sharing and fighting for the what is good, right, and just.

10 years on and I by God’s grace I have become a lawyer and legal practitioner. But not your usual type – I have specialized in environment and climate change law, a bit on sustainable development, natural resources, and governance and human rights in general. I’ve worked in government, with NGOs, the private sector, and with international organizations, both in the Philippines and around Asia. Hence the re-focus of the blog to include the environment. You’ll hear more on this from me as we all grapple with environmental degradation and the impacts of climate change (just before writing this the BBC reported that due to climate change there will be a loss of insects like bees and beetles, but more pests like cockroaches and flies! Globalization and development indeed!!!).

So watch this space – there’s more to come! 

Talking Points for the RH Bill (courtesy of the Simbahang Lingkod ng Bayan)

Issued jointly by Loyola School of Theology and the John J. Carroll Institute on Church and Social Issues
Authors: Fr. Eric O. Genilo, S.J., Fr, John J. Carroll, S.J., and Fr. Joaquin Bernas, S.J.

Talking Points for Dialogue on the Reproductive Health Bill (HB 96; filed July 1, 2010)

The polarization of Philippine society over the Reproductive Health Bill has been a source of discouragement and discontent among Filipinos. It is unfortunate that the debate has focused only on whether the Bill should be passed or rejected in its present form. Either option would not be good for Filipinos. The Church sees in the proposed Bill serious flaws that can lead to violations of human rights and freedom of conscience. It would not be acceptable to pass it in its present form. Total rejection of the Bill, however, will not change the status quo of high rates of infant mortality, maternal deaths, and abortions. It is a moral imperative that such dehumanizing conditions should not be allowed to continue. What is needed is a third option: critical and constructive engagement. By working together to amend the objectionable provisions of the Bill and retain the provisions that actually improve the lives of Filipinos, both the proponents and opponents of the Bill can make a contribution to protection of the dignity of Filipinos and an improvement of their quality of life.

The following are talking points and proposals for dialogue and negotiation on the objectionable portions of the Bill:

The Protection of Human Life and the Constitution
• The Church insists on protection of human life upon fertilization. The question to be answered by the State is if this is the same position it will take regarding the protection of human life.
• The Philippine Constitution says that the State will protect the life of the unborn upon conception. It is not specified in the Constitution whether conception means fertilization or the implantation of an embryo in the womb. The Constitutional Convention seemed to favor fertilization. The definition of conception will have a bearing whether contraceptives that prevent the implantation of embryos would be legally allowed or not. This definition of conception in the Constitution must be worked out both by medical and legal experts in order to determine the parameters of what reproductive services can be provided by the Bill.

Contraceptives that prevent the implantation of embryos
• At the center of the controversy regarding abortion and the RH Bill are IUDs and other contraceptive medications and devices that may have the possible effect of preventing the implantation of an embryo, which for the Catholic Church, is considered an abortifacient effect. [Contraceptives without abortifacient effects are treated differently in church teaching. They are forbidden for Catholics but other religious traditions allow them.]
• Proposal: The State first has to make a clear position whether it considers the prevention of implantation of an embryo as an abortion. If the State takes this position, there must be a careful and scientifically based evaluation of each of the medicines and devices provided by the Bill. Those contraceptive medicines and devices which are determined to have abortifacient effects are to be banned even now and regardless of whether the RH Bill is passed or not.

Age Appropriate, Value-Based, Integral Human Sexuality Education
• The mandatory nature of the sexuality education curriculum proposed by the Bill is a concern for the Church because it would compel Catholic educators to teach parts of the curriculum that may be unacceptable for Catholics. The Church is also concerned that the parents’ right to decide on the education of their children would be denied by such a mandatory curriculum for all schools.
• Proposal: For the purpose of protecting academic freedom and respecting religious traditions, should not the right of religious schools to write and implement their own sexuality education curriculum according to their religious traditions be respected? For public schools and non-religious private schools, an appointed panel of parent representatives, educators, experts in child development and psychology, medical experts, and representatives of religious traditions can write the sexuality education curriculum and the DEPED can monitor the implementation. Parents with children in public schools should have the right to have their children exempted from the sexuality education class if the curriculum is not acceptable to them. The Constitution allows religious instruction in public schools only if the parents consent in writing. Should a similar provision be enacted relative to sexuality education? The Bill must also respect the conscientious objection of individual educators who refuse to teach a sexuality curriculum that violates their religious beliefs.

Providing Reproductive Health Information and Services for a Multi-Religious Society
• Even if the majority of the population of the country are Catholics, our democratic system should ensure that public polices are not determined solely by majority vote but also by a careful consideration of the common good of all, including non-Catholics.
• The Compendium of the Social Teaching of the Church rejects any imposition of norms by a majority that is discriminatory of the rights of a minority: (#422) “Because of its historical and cultural ties to a nation, a religious community might be given special recognition on the part of the State. Such recognition must in no way create discrimination within the civil or social order for other religious groups;” (#169): “Those responsible for government are required to interpret the common good of their country not only according to the guidelines of the majority but also according to the effective good of all the members of the community, including the minority.”
• It is the duty of various religions to teach their faithful and form their consciences about what their religious tradition allows and prohibits with regard to family planning. It is the duty of the government to provide correct and comprehensive information on all non-abortifacient (as defined by law) family planning methods that are available. Consciences will thus be better equipped to make informed choices according to their religious traditions.
• Proposal: There can be two separate parallel programs for providing information and training, one for NFP and another for artificial methods of family planning (with separate budgets). The separation of the programs will ensure that NFP will get adequate funding and those trainers who wish to teach only NFP for religious reasons will not be forced to teach artificial methods. The conscience of health workers and trainers should be respected. If a Catholic health worker or trainer conscientiously objects to teaching contraception methods, he or she should be allowed to teach only NFP methods.

Limits to the Anti-Discrimination Provision
• The current Bill prohibits the refusal of health care services and information based on a patient’s marital status, gender or sexual orientation, age, religion, personal circumstances, and nature of work. This provision must have parameters. For example, if a doctor refuses to administer an IUD to a minor who requests for it, would that be considered age discrimination?
• Should the provision apply equally to both in the public and private health care providers or shouldn’t private practitioners have more leeway in practicing their medicine as they see fit?


Employers' Responsibility
• Employers should not be required to provide in their CBAs reproductive health services of their employees. To enforce this requirement would be a violation of the conscience of Catholic employers.
• Proposal: Such a provision is unnecessary because the general Philhealth medical coverage, which is mandatory for all employees, provides for such reproductive health services upon request of the employee. This allows employers with religious objections to contraceptives or sterilizations to avoid direct formal cooperation in the provision of such family planning methods to their employees.

Contraception as Essential Medicines in Government Health Centers and Hospitals
• The Church’s objection to this provision is that it appears to treat pregnancy as a disease.
• Proposal: The question of whether contraceptives are essential medicines should be resolved by a panel of objective medical experts such as the Philippine Medical Association. What contraceptives actually prevent diseases? It would be helpful to be able to present cases where the use of a contraceptive is a medically indicated treatment for a particular disease or emergency situation. If some contraceptives are ultimately decided as essential or emergency medicines that should be stocked in government health centers and hospitals, no contraceptives with abortifacient effects are to be allowed.

Freedom of Speech
• Proposal: The Bill’s provision that penalizes malicious disinformation against the intention and provisions of the Bill should be refined by a clear description of what constitutes “malicious disinformation,” or failing that, the provision should be scrapped.

Implementing Norms
• Proposal: The committee to be in-charge of the Bill's implementing norms should have representatives from major religious traditions to ensure that the rights of people of various faiths would be protected.

The above proposals are intended to generate constructive and respectful dialogue leading to concrete actions that would correct the RH Bill. It is hoped that the parties involved in the RH debate would move away from hard-line positions and consider negotiations as a more positive step towards working for the good of all Filipinos, with special consideration for the unborn, the youth, women and families in difficult circumstances.

Finally, we can turn to the following Christian maxim as our guide in our search for answers and solutions regarding the RH Bill: “In essentials, unity; in non-essentials, liberty; and in all things, charity.” For things pertaining to protecting human life and dignity, we need to come to a consensus for the common good; for things that can be left to individual decisions without violating human life and dignity, we need to respect freedom of conscience of every Filipino both Catholics and non-Catholics; in all our discussions, we need to speak and act with charity and understanding as members of the same human family and community.

An Open Letter to Noynoy by F. Sionil Jose

An open letter to Noynoy

HINDSIGHT

by F Sionil Jose
from The Philippine Star

Dear Noynoy,

You are now swamped with suggestions and advice, but just the same, I hope you’ll have time to read what this octogenarian has to say.

You were not my choice in the last election but since our people have spoken, we must now support you and pray that you prevail. But first, I must remind you of the stern reality that your drumbeaters ignore: you have no noble legacy from your forbears. It is now your arduous job to create one yourself in the six years that you will be the single most powerful Filipino. Six years is too short a time — the experience in our part of the world is that it takes at least one generation — 25 years — for a sick nation to recover and prosper. But you can begin that happy process of healing.

Bear in mind that the past weighs heavily on all of us because of the many contradictions in it that we have not resolved, whose resolutions would strengthen us as a nation. This past is now your burden, too. Let us start with the fact that your grandfather collaborated with the Japanese. Your father was deeply aware of this, its stigma, its possibilities. He did not leave any legacy because he did not become president. He was a brilliant and courageous politician. He was an enterprising journalist; he had friends in journalism who can attest to his effulgent vision, who did not profit from his friendship, among them Nestor Mata, Gregorio Brillantes — you may consult them. I cannot say I did not profit — he bought many books from my shop and when he was in Marcos’s prison, your mother brought books from my shop to him.

Forgive me for giving you this unsolicited advice. First, beware of hubris; you are surrounded by panderers who will tell you what is nice to hear. You need to be humble always and heed your conscience. When Caesar was paraded in ancient Rome before the cheering multitudes, there was always a man chanting behind him: “Remember, you are mortal.”

I say to you, remember, the poor — some of them in your own hacienda — will be your ultimate judge.

From your comfortable and privileged cocoon, you know so little of our country and people. Seek the help of the best — and the best do not normally want to work in government and neither will they approach you. You have to seek them.

Be the revolutionary your father wanted to be and don’t be scared or wary of the word “revolution.” It need not be always bloody. EDSA I was not. Your father wanted to destroy the most formidable obstacle to our progress — the Oligarchy to which you and your family belong. To succeed, you have to betray your class. If you cannot smash the oligarchy, at least strive to have their wealth develop this country, that they bring back the billions they stashed abroad. You cannot do this in six years, but you can begin.

Prosecute the crooks. It is difficult, thankless and even dangerous to do this. Your mother did not do it — she did not jail Imelda who was the partner in that conjugal dictatorship that plundered this nation. Watch her children — they were much too young to have participated in that looting but they are heirs to the billions which their parents stashed abroad. Now the Marcoses are on the high road to power, gloating, snickering at our credulity and despicable amnesia.

You know the biggest crooks in and out of government, those powerful smugglers, thieves, tax cheats — all you really need is guts to clobber them. Your father had lots of it — I hope he passed on to you most of it.

And most of all, now that you have the muscle to do it, go after your father’s killers. Blood and duty compel you to do so. Cory was only his wife — you are the anointed and only son. Your regime will be measured by how you resolve this most blatant crime that robbed us of a true leader.

And, finally, your mother. We loved her — she united us in ousting an abominable dictator. But she, too, did not leave a shining legacy for her presidency was a disaster. She announced a revolutionary government but did nothing revolutionary. She promised land reform but did not do it. And most grievous of all — she transformed the EDSA I revolution into a restoration of the oligarchy.

She became president only because her husband was murdered and you became president elect only because your mother died. Still, you are your father’s son and may you now — for the good of this country and people — scale the heights he and your mother never reached.

I am 85 and how I despair over how three generations of our leaders failed! Before I go, please let me see this unhappy country begin to be a much better place than the garbage dump our leaders and people have made it. You can be this long awaited messiah but only if you are brave enough and wise enough to redeem your father’s aborted promise.

Hopefully yours,

F. Sionil Jose

Sumilao Farmers' Fight Still On Going

Hindi pa pala natatapos ang pakikibaka ng mga Sumilao Farmers. Akala natin ok na ang lahat, yun pala pinapaikot-ikot nanaman ng mga may kapangyarihan ang proseso upang tumagal ang kanilang paghihirap.

Mabuti at bantayan natin ito muli. Salamat!

29 March 2010

PRESS RELEASE

Reference: Atty. Kaka Bag-ao (09068375849)

Sumilao land remains undistributed after 2 years; Sumilao farmers resume claim over disputed 144-hectare land

Two years ago today, in March 29, 2007, the Sumilao farmers signed an agreement with San Miguel Corporation (SMC), represented by its president, Ramon Ang in the presence of Manila Archbishop Gaudencio Cardinal Rosales. In signing of the agreement, SMC ceded 50 of the 144 hectares being claimed by the Sumilao farmers and committed to acquire 94 hectares of land outside the disputed property for distribution to the farmers under the Comprehensive Agrarian Reform. This marked the end of the Sumilao campaign which started with their historic 1,700 kilometer-march from Sumilao to Malacañang. As a direct result of their 1,700 kilometer march, President Arroyo revoked the conversion order covering the contested property in December 2007 and ordered the distribution of the property under the CARP forcing SMC to the negotiating table with the farmers. After the signing of the agreement, the Sumilao farmers returned home and occupied and began to cultivate the 50 hectares covered by the agreement.

However, after two years, the Sumilao farmers are yet to receive the land titles of the 50 hectares within the contested property and the 94 hectares outside the 144-hectare disputed land. “We have met with the representatives of SMC and the DAR and they have promised the land titles every time we met. Deadline after deadline came and went but the promised land titles failed to materialize. Even the title of 50 hectares we are now tilling remains an unfulfilled promise” Peter Tuminhay, spokesperson of the Sumilao Farmers said. He added that the lands offered to them by SMC have various problems; some of the lands are still leased to Del Monte, some had titles that were not surrendered by the landowners.

“Last February, Atty. Fred Peñaflor, legal counsel of San Miguel Corporation committed to us that they will distribute the titles for the 50 hectares of land that we are now tilling and the 94 hectares outside the 1-44-hectare property today on the 2^nd anniversary of the signing of our agreement. After waiting for 2 years and listening to promises several times, this will be the last deadline. Should they fail to distribute the titles today, as they have promised, we take it that San Miguel Corporation is not serious about fulfilling its commitments to us. It is almost a year since our leader, Rene Peñas was gunned down here in this land. We can no longer wait for more promises. We will to return to our original claim, should they again break their promise today, we shall begin to occupy and cultivate portions of original 144-hectare land” said Yoyong Merida, spokesperson of the Sumilao farmers. “We call on those who have supported our struggle to once again join us in our cause. We will not stop until we cultivate the land that belongs to us” Merida added.

In commemorating the 2^nd anniversary of the signing of the agreement, Malaybalay Archbishop Honesto Pacana will celebrate a mass with the farmers at their camp outside the gates of San Miguel Corporation in San Vicente, Sumilao, Bukidnon. He will join the farmers in demanding the distribution of the Sumilao property.

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Statement of the Ateneo Law School Student Council re: CJ Appointment Controversy

The Ateneo Law School Student Council calls on President Gloria Macapagal Arroyo to exercise prudence, restraint, and statesmanship in deferring the appointment of the next chief justice of the Supreme Court to the duly elected President in the coming May 10, 2010 elections.

The impending retirement of Chief Justice Renato Puno on 17 May 2010 has been shrouded with much issue and controversy, centering on the power of President Gloria Macapagal Arroyo to appoint the next head of the Judiciary. The issue has centered on two conflicting provisions of the 1987 Constitution, one which prohibits the President from making appointments to positions 60 days before the succeeding elections, the so-called “midnight appointments” prohibition, and another which calls on the President to fill in any vacancy in the position of chief justice within 90 days from its occurrence. Various individuals and groups have called on the president not to make the appointment, while the Palace has said that the President will choose the next chief justice to fulfill her constitutional mandate.

The Constitution, in clear and unequivocal terms prohibits any appointments to be made by the President during the 90 day period before the end of her term. Although the President is mandated to fill in any vacancy in the judiciary 90 days from its occurrence, this power and duty is limited by the above constitutional provision. The proscription on “midnight appointments” should be read and harmonized with the duty of the president to fill in vacancies as a qualification on the mandate to make such an appointment. The clear intent of the framers of our constitution is to shield the appointing power of the president from patronage politics and the use of the government for self-interest. Provisions in the Constitution should be read in harmony with each other, and one provision cannot be separated from any other.

We thus call on President Gloria Macapagal Arroyo to exercise prudence, restraint, and statesmanship by not appointing the next chief justice and allowing the next president elect to make the said decision. The rule of law must be upheld and respected; no one is above the law and the Constitution, not even the President. Our institutions, especially the judiciary, must be insulated from partisan politics. At a time when the Philippines lacks moral leadership and ascendancy, at a point when the integrity of our institutions are being challenged, and at an age when the rule of law faces challenges amidst a sea of injustice, the President must show the people and the world that she is a President bent on protecting and promoting our democracy and our democratic institutions.

An Environmental Convert Story

Here's a story which would hopefully inspire people out there who think that nothing should be done to help our environment (or perhaps are to lazy to actually do anything).

A year ago, I picked up an idea from one of my professors on how to have your own compost pit at home. It's really simple: all you need is a pail, a balde, some soil (depends on how much biodegradable waste you have), and perhaps a small shovel. Put some soil in the, enough to cover the bottom. Then throw in your waste; place them in such a way as to cover the soil. After this, sprinkle some soil over the waste. Repeat the process until the pail is full. At this point, it would be advisable to have a second pail as your next compost pit. Eventually, you will be using the soil (with the decomposted waste) as the soil you will use to cover your new waste.

Now, to the story of the convert. Before, I was the only one at home who put my biodegradable watse into the compost pit. About 2 weeks ago, I convinced my mother, and eventualy my entire household, to place any biodergadable waste into the compost pit. And as it turns out, they were impressed with the results. The amount of grabage we throw has been significantly reduced, and my mother has noticed it. Now, we not only recycle our plastics and papers, we even compost our own waste. The soil that will be produced by the pit can be used to beef up other plants, or can be used as healthy soil for new plants.

Now, I hope this will inspire the lazy and the skeptical to do your part to save the environment.

Weather, weather lang...

I finally found time (after months and months of hopelessly trying to write) to update my blog. This entry will deal with my thoughts on a host of topics and ideas, current events and subjects.

Election 2010

It seems like the race for the presidency will be a multi-candidate race, with the opposition having multiple candidates with the likes of Erap, Villar, Noynoy, Bro. Eddie, and possibly Jamby and Chiz. We may once again see the opposition vote being split by the multiple candidates, which would then give an advantage to the admiistration candidate, who will mostly have Teodoro as its standard bearer. Of course, we have Bayani Fernando and Jun Ebdane from the admin who also want to jump into the fray, and this can also disrupt the admin machinery. I think the opposition should unite under 1 candidate to improve its chances against the Lakas-Kampi machinery. Although surveys point to opposition candidates in the lead, the nationwide scope of the admin party could eventually deliver in May 2010.

Registration Ends on Oct 31

Registration for new voters ended last Oct 31, with long lines and angry crowds being shown on the news. The angry registrants were blaming the COMELEC for the slow and long process. However, I think the COMELEC is not to blame. Registration has been going on for months, with numerous infomercials and ads informing the public about the registration and its impending end. Those people should have gone to register early if they didn't want to wait in long lines under the sun. COMELEC has done its part; we as citizens should be more responsible and have registerd early.

Prize freeze on Oil

Oil companies and transport groups have called on Malacanan to lift EO 839, which imposed a price freeze on oil products. They have threatened strikes and supply shortages. They're just worried about losing their billions in profits. Malacanan should keep the price freeze until the areas badly affected by the recent calamities have fully recovered.

More to follow..(hopefully soon)

Buti Pa Sa UK...May Hiya Ang Mga Politiko!

Buti pa sa UK, may hiya ang mga politiko, at may PAKI ang mga tao.

It came out recently in the news that members of Britain's parliament were found to have used public funds for personal expenses. Some MPs used it to renovate houses or farms, some used it to pay for mortgage payments, while others were found to have used tax payer's money to pay for sex videos in a hotel. The news came out a few months ago, but the fall out is only being felt now. Ministers and MPs are apologizing, some have even offered to resign. A recent poll even showed that 72% of Britons want polls to be held now as a sign of outrage and disgusts over the scandal. PM Gordon Brown even made apublci apology on behalf of his Labor Partymates.

Buti pa sa kanila, ganyan ang nangyayari. Dito sa atin sa Pilipinas, wala kang makikitang ganyan. Yumayaman ang politoko sa hindi mapaliwanag na paraan, pero ang tao walang ginagawa o walang sinasabi. Ni hindi nga nahihiya na ipakita ng politiko namayaman siya! Dito sa atin, wala kang makikitang politikong hihingi ng tawad dahil nagkamali siya sa paggamit ng pera ng bayan: siya pa nga ang unang magagalit pag hindi siya nabigyan ng kanyang mahiwagang pork barrel. Buti pa sa UK, galit ang mga tao sa mga walang-hiyang politiko...pero dito sa atin, marahil galit nga ang marami, ngunit wala naman silang gustong gawin kasi iniisip nila wala namang mangyayari.

Sana maging halimbawa para sa atin ang ginagawa ng mga taga-Inglatera. Sana mamulat din tayo, sana mainis at magalit din tayo sa mga pagnanakaw, panloloko, at panlilinlang na ginagawa ng ilang kawani sa gobyerno. Hindi namang kailangan punta sa kalye at mag rally. Ipaalam lang natin sa kanila na galit tayo, at ipaalam natin sa kanila na hindi tayo nakakalimot, dahil sa susunod na eleksyon, mas magiging matalino na tayo sa pagpili ng ating mga politiko. Hindi na tayo magpapaloko sa mga walang-hiyang magnanakaw na kunyari lang naman ang pagnanais niyang maglingkod.

Automating the Philippine Elections: Kaya Ba?

It recently came out in the news that 1 bidder in COMELEC's attempt to automate the 2010 elections was deemed eligible, but wa snot yet declared the winning bidder. Other bidders have been disqualified, some are asking for reconsideration, while others are still trying to bid. While all this is happening, the question in some people's mind is: can we really have automated elections in a year's time? Or more importantly: can we have automated elections in 2010, that are clean, honest, orderly, transparent, and credible?

The COMELEC would like to have a fully automated system using the PCOS (Precinct Count Optical Scan) system. We would have 80,000 machines nationwide where in people will have their ballots scanned, and after the voting, results will automatically be transmitted to the municipal and city canvassing centers. Although this system seems all good and problem free, critics and skeptics have aired some concern. First, there is not enough time to actually ensure that all the needed preparations are done properly before 2010. Second, there is still doubt as to the capacity of COMELEC to handle a fully automated system. Its own automated elections advisory council, in a report, expessed doubts as to COMELEC's capacity, based n the existing technological capacity and infrastructure of the commission. There is another sector, a group of local IT experts, who are advocating that the COMELEC adopt an open election system given the time constraints and the capacity of the commission. This system still involves the usual manual voting process that we're all used to. The only new thing is that the transmission of the results will be automated. Less money needed, fewer new things to teach people, but you still have a faster electoral process, and you lessen the possibility of whole sale cheating at the canvassing level.

I personally would prefer a fully automated system - it's about time we had one in our country! But I also believe that we shouldn't force to fully automate if our COMELEC and the entire country is not prepared. What is needed now is for us to be vigilant and to guard the whole bidding and procurement process. More on this to come.

Law Student Councils unite for CARPER

WE KNOW THAT THE LAW IS ON THE FARMERS’ SIDE.

Joint Resolution No. 19, which extends the Comprehensive Agrarian Reform Program but without providing for compulsory acquisition, expires on June 30. On June 5, however, the second regular session of Congress will end, resuming only on the first week of July. This means that despite months of campaigning and lobbying for a struggle that has spanned decades, and because of the indifference or neglect of our representatives in Congress, we are again in the eleventh hour, with only nine session days left to pass a law that is not only constitutionality mandated, but is required by basic notions of equity and social justice.

The implementation of an agrarian reform program is a Constitutional mandate which the State may not avoid by legislative inaction. Section 4, Art. XIII of the 1987 Constitution requires the State to “undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.” As it is, Joint Resolution No. 19 is unconstitutional for being contrary to the very spirit of agrarian reform. If Congress again fails to pass an agrarian reform law by June 5, it will be nothing short of a dereliction of a duty reposed on the legislative body by our Constitution.

The CARP has been in existence for 20 years, but the fruits of authentic agrarian reform in the country have yet to be reaped. 80% of privately owned agricultural lands remain undistributed. 18% of CARP beneficiaries have not received titles to the lands that they till and should rightfully own. 65% of CARP beneficiaries have no access to government support services that should be available in agrarian reform areas. Rural poverty still accounts for 70% of the country’s poor. If we are to attain social justice eloquently defined by Justice Jose P. Laurel in Calalang vs. Williams as “…the humanization of laws and the equalization of social and economic forces by the State…” then agrarian reform is a measure that must not only be continued, but must be among those prioritized.

The Philippine’s agrarian reform program needs to be given more time to fully attain the goals it was created to accomplish. Twenty years of unsatisfactory implementation clearly leaves much room for improvement and reform. House Bill 4077 and Senate Bill 2666, or the CARP Extension with Reforms Bill, reflect the needed changes to address the shortcomings that have prevented the law’s noble purpose from coming into fruition.

We, who study the law, know that laws are there for a reason. Agrarian reform is explicitly identified as a fundamental State policy in Art II Sec 21 of the Constitution. Thus, we ask that our lawmakers breathe life into this policy by enacting laws that set in motion and ensure actual and speedy results.

We, who study the law, know that while the actual provisions are drafted by the members of Congress, laws are ultimately articulations of the people’s will and expressions of the power inherent in them as citizens of a free country. Thus, we remind our lawmakers that their mandate emanates from the people, and their duty is to address their constituents’ needs, even if it means sacrificing their own interests. We reiterate that by eliminating compulsory acquisition, the agrarian reform program is reduced to no more than an empty promise. Without it, there is no reform, only more of the same.

We, who study the law, are no strangers to policies that look resolute on paper, but are torn apart and rendered useless by the selfsame provisions, where motherhood statements mask gaps, loopholes and false pretenses. Thus, we demand that Congress deliver an agrarian reform program that is responsive, sincere and faithful to the principles of social justice.

The second regular session of Congress ends in less than a month. Too much has been lost, too much sacrificed and there is too much at stake for our legislature to fail us now. We take up this cause because we, who study the law, owe it to this country. We owe it to the farmers who walked thousands of miles, and spent weeks in hunger strikes, asking to be heard. We owe it to the blood shed and lives lost. We owe it to the law that we study and pledge to serve. Because if the law cannot be used to protect those who need it the most, then it betrays its own purpose.


TIME IS RUNNING OUT! PASS THE CARPER BILLS (HB 4077 and SB 2666) NOW!!

May 18, 2009

Signed (in alphabetical order):

Student Council
Ateneo Law School
Makati City, Metro Manila

Supreme Law Council
College of Law
Silliman University
Dumaguete City, Oriental Negros

Student Council
College of Law
University of Baguio
Baguio City, Benguet

Civil Law Student Council
College of Law
University of Santo Tomas
Manila City, Metro Manila

Law Student Government
College of Law
University of the Philippines
Quezon City, Metro Manila

COMELEC's Automation Timeline

For your reference and guidance. Let's see if they can keep to this schedule.

The Irony That is Nicole (Part 2)

The headlines in the papers this morning carried stories that "Nicole", the rape victim of US Serviceman Daniel Smith, has made an affidavit before leaving for the US last week recanting her allegation that she was raped by Smith, thereby exonerating the American from the crime charged.

This is indeed was a surprise to many, especially for those who actively and contnuously supported her throughout her ordeal. Her decision to move to permanently move to the US came as a shock, which was immediately followed by thsi recent development. Lawyers for Smith are now saying that they will inform the Court of Appeals of this new affidavit, and they argue that this may very well turn the tides of the case in their favor. However, some quarters argue, in particular the government prosecutors and those who are opposed to the VFA, that the affidavit will have no effect in the case, and it would be wrong for the CA to consider the affidavit of desistance.

Whatever the legal effect of the affidavit may be, and whether or not it contains truth or falsehood, one cannot help but speculate that the long arms of US supremacy and influence have once again reached our shores. The US once again flexed its muscle to ensure that one problem against it would get out of hand. More than ensuring that their citizen Smith does not rot in Philippine jails, the US would not want public sentiment against the VFA to each an enourmous proportion such that the Philippine government would be forced to cancel the treaty. The US would not want this to happen since it will lose a valuable ally in the South East Asian region, especially since China has in recent years been very aggressive in the region. Without the VFA, it would lose the capability to respond against Chinese aggression from the Philippine territory.

I hope that the Philippines does not once again give in to American dominance and influence. I have nothing against the US: I just hope that the Philippines first protect the intrests of its people before giving in to US demands and requests. Though the USmay indeed be a very valuable ally, the government should always, always put Filipino interests, welfare, and concerns first.

The Irony That Is Nicole

It was reported in the news today that Nicole, the victim of convicted rapist US Serviceman Lance Corporal Daniel Smith, is already in the US and doesn't want to continue with the case anymore. In my opinion, it's a sad development, and a huge irony at that.

Her mother, who is still here in the Philippines, was reported as saying that her daughter simply wants closure, wants to move on and that she doesn't want to be bothered by the issue anymore. And she adds that she will get nothing, and she got no help and support from the Philippine government. And this my friends is the reason why she went to the US - to the very country where her rapist came from!

This for me is the irony and the sad story: Nicole was raped by an American, she joined calls to junk VFA and to condemn the US, and now, she runs to the land of milk and honey because she got tired of the fight here at home. Some are speculating that she went to the US because she got the $100K from Smith, as ordered by the court; and in addition, some are even saying she went to the US with the blessing (and the funding) of Malacanan (since it was part of Obama's phone call to GMA).

Setting aside all these speculations and controversies, the most tragic thing to come out of this whole hoola baloo is the lack of justice for a Filipina rape victim. Smith is enjoying the comforts of the US Embassay (and for all we know, he might even be going in and out of the compound, in violation of his commitment order). Once again, we see how the justice system has failed our people, how justice seems to be far from the reach of ordinary Filipinos. We once again see how money, power and politics play a big role to turn the wheels of justice. Even is Nicole was indeed given money, or if she simply wanted to get away from it all, the reality is that there are hundreds and thousands of other "Nicole's" out there in search of justice, in search of fairness, and in search of the truth, and also the hope that someday, this land that we call home can truly be a place where we Filipinos are safe and are the privileged ones.