INTELLECTUAL ARROGANCE IN THE COURTHOUSE

As we view the impeachment case of the Chief Justice, unraveled also is tne intellectual arrogance of personalities who brought up their credibility from the academe and stints in the judiciary.

What is intellectual arrogance? It is exercising one's intellectual with too much pride, putting down people in their midst to make them kowtow to their ideas obediently, possibly blindly.

Is it totally wrong to be intellectually arrogant? There is nothing wrong with being an intellectual, although there are people who put up themselves as intellectuals -- actually pseudo intellectuals, parading their thoughts as if they were biblical truths when actually, they are just coating their words with the English language to show they know how to speak it. But examine the meaning of their thoughts and you will see just a pragmatic mind and nothing more.

Okay, we started with intellectual arrogance. What is wrong with that then? Majority of our people speak Pilipino and can hardly understand the English language. This is why the Senate is being conducted in Pilipino. And yet, the arrogance of some sectors has brought down the self-esteem of the people -- why because of course, they are pro-prosecutors. They are for conviction of those, not just the CJ but all others--  who amassed, have amassed and continue to amass wealth while in office.

Now to hear someone talk down to a member of the prosecution panel is like piercing the heart, stabbing the innards of that very core of patriotic feeling we have for the changes we want in this country.

It is showing us that what matters most are not the core of what we feel but how we say things. Form over substance.

That is not how the Filipino people feel and think. That's not how we want the directions of changes should happen in this country.


We are all in this exercise together. And should the CJ be found to be at fault, then by all means, let him be a good gentleman who will accept his fault and peacefully give way to the transitions needed in this country. But let us not use this exercise for flaunting our intelligence, our strong memory of every piece of legislation that can catch a criminal or any offender, but rather let it be a process where we are standing together to see how we can strengthen democratic practices in our country work, how the people's voices and thoughts shall be heard and followed.

So be it

TOO COSTLY TO FEAR

Who's afraid of losing multinational companies that will be forced to retreat to their home shores due to withdrawal of tax credits for business outsourcing?


We have a lot of resources in our midst -- on land, on sea, and everywhere -- our people. Who's afraid? Why be afraid?

We need good managers, administrators with good technical skills, managerial skills, financially savvy and a lot of heart. We need one especially with the last because at this time, our people are bleeding -- trying to eke out a living and trying to build a future for their children, to the extent of leaving the country to find a job abroad that will realize their dreams.

No, no fear. That's too costly. 

WALANG KONEK

WALANG KONEK

Sinulat ni Wilhelmina S. Orozco

The heat is on. Umiinit na ang Impeachment case laban sa chief justice. Tumitindi na ang pagpapalitan ng argumento, sa punto pa lang ng paglalatag ng ebidensiya sa mga charges na nagpayaman at gumawa ng hindi matuwid na pagkilos habang nasa puwesto ang chief justice.

Bilang pinakamataas na pinuno ng isang institusyon na dapat ay magbigay ng hatol para magkaroon ng katarungan sa bansa, napakahalagang malinis ang puwesto ng chief justice.

Ano ba ang dapat bantayan sa panonood ng kaso? Unang-una na, dapat tingnan natin ang pag-iisip ng mga tao rito: ang mga huwes-senador at senadora; ang prosecution at defense panels, at ang pangulo ng Senado. Iba ang legal na pag-iisip sa ordinaryong pag-iisip. Ang legal na pag-iisip ay nakatuon sa maraming bagay tulad ng facts o katotohanan, ang mga nangyari; sa mga relasyon ng mga taong nasasangkot sa kaso, at marami pang iba subali’t higit sa lahat, nakatuon din ito sa lohika ng argumento o pagdedebate—ibig sabihin, makatuwiran ba ang pag-iisip?

May mga uri ng pag-iisip sa legal na mga sitwasyon na hindi makatwiran. Nakapanlilinlang. Tingnan natin sa ibaba ang mga halimbawa na hango sa kasong nabanggit:

NAKALILINLANG NA MGA ARGUMENTO

1. PASPASANG KALAHATAN O NAGMAMADALING KONGKLUSYON (SA INGLES, HASTY GENERALIZATION):

SALIGAN o PREMISE: Ang pagbibigay ng SALN ay tungkulin ng lahat ng mga nagtatrabaho sa gubyerno.

PANGALAWANG SALIGAN: Binigay ni CJ ang kanyang SALN.

KONGKLUSYON: Ginagampanan ng CJ ang kanyang tungkulin.  Kung kaya’t hindi na dapat pang pagdebatehan ang kaso, at sa partikular na ito, ang Artikulo 2 ng kaso.  

Ito ang gustong ipalabas ng depensa, na sa pagkakabigay ng SALN, tapos na ang argumentasyon sa Article 2, malinis na ang reputasyon ng CJ.  .

  

TANONG: Dapat bang matapos ang kaso sa pagbibigay ng SALN?

Ganun ba kakitid mag-isip ang taumbayan para tanggapin ang SALN at bahala ka na sa buhay mo?

Ang tawag sa uri ng argumento na dapat magtapos ang usapan sa paghahain ng SALN ay hasty generalization, o paspasang pangkalahatan. Hindi pa tapos ang usapan, tinatapos na batay sa iisang papel.

Ganun ba tayo kakitid dapat mag-isip? Tatapusin ang kaso batay sa pagbibigay ng SALN? Nakakainsulto naman, di ba?

Marami pa tayong dapat itanong:

a. Ano ang laman ng SALN?

b. Patas ba ang kita ng CJ sa halaga ng kanyang mga ari-arian habang naka-upo sa puwesto?

c. Nilalaman ba ng SALN ang mga detalye na magpapatunay na tama at tugma ang laman ng kanyang SALN at ang dami ng kanyang ari-arian?

2. APILA SA KAPANGYARIHAN O APPEAL TO AUTHORITY o

Ang pagkakatalaga ng isang dating Associate Justice bilang lead counsel ng depensa ay nagpapakitang sila ay may kapangyarihan o “authority” sa kanilang hanay at lahat ng sinasabi nito ay batay sa batas. Kung kaya’t dapat paniwalaan ang lahat ng kanyang sinasabi.

Tama ba ito?

Ang tawag sa uri ng argumentong ito ay  apila sa kapangyarihan o appeal to authority.  

SALIGAN O PREMISE: The associate justice is good in justice cases.

CONCLUSION O KONGKLUSYON: Therefore, the associate justice is morally upright in this case.

Ang argumento na ito ay nagbibigay ng dalawang pag-iisip: una, ang associate justice ay magaling sa kanyang larangang hustisya; at pangalawa, ang associate justice ay may kapangyarihang moral sa kasong ito.

Mali ang kongklusyon sapagka’t tumatalon kaagad ang kongklusyon sa moralidad ng associate justice na hindi naman nabibigyan ng tamang batayan ng pariralang: “magaling ang associate justice sa kanyang larangang justicia.”

Ang isang tao ay maaaring mataas ang pinag-aralan sa batas nguni’t maaaring idepensa niya ang isang criminal upang ilayo ito sa parusang kamatayan. Kung kaya’t gagamitin niya ang lahat ng argumento para manalo sa kaso. Ang kanyang napag-aralan ay walang kinalaman sa kaso liban sa pag-aaplay nito para mailayo sa kamatayan ang kanyang dinidepensa.

Kahit na nakikita ng taumbayan na may kasalanan ang criminal, ididipensa pa rin ng mambabatas at magmumukha pa siyang tagapagtanggol ng krimen.

Ngayon sa kaso ng impeachment napakalaking bagay ang pagkakakuha ng isang dating associate justice bilang lead counsel. Sa kanyang “presence” lumalabas na may bahid na ng kawalan ng katotohanan ang mga bintang sa CJ. Bakit nga naman pagdududahan ang isang tao na may titulong “associate justice?”

Kung ako ang nasa prosecution panel, tatanungin ko, ano ang karapatan ng retired associate justice na tumanggap ng pension sa gubyerno kung siya ay papasok sa kahit na anong kaso na maaaring magpapariwara sa titulong associate justice?

Palagay ko dapat lahat ng associate justices ay magreklamo DIN sa pagpasok ng lead counsel ng depensa sa kasong ito. Retired na siya at hindi na dapat mabahiran pa, kung mababahiran man, ng kung anong anomalya ang kanyang pangalan at ang pangalan ng institusyon na pinanggalingan niya. 

3. ARGUMENTONG MASALITA O ARGUMENTUM VERBOSUM – At dahil sa magaling sa batas ang Associate Justice, nakikita at naririnig natin na marami siyang ginagamit na mga salitang legal na hindi naman natin mawawaan lahat. Dinadaan sa argumentum verbosum, o paramihan ng mga salitang legal sa pangangatwiran.

Nakapanlilinlang ito.

4. ARGUMENTONG HINDI TUMUTUGMA o Argumentong non-sequitur (maling simulang pagi-isip, maling katapusan)

Sa kasong ito, madalas sabihin,

a. PREMISE: “Ay ang prosecution puro mga bagito.”

b. CONCLUSION: Dahil dito sila ay mahina sa argumento.

(Kongklusyon na binabadya: baka hindi sila manalo kasi mas magagaling at may karanasan na ang mga nasa depensang panel.)

Subali’t kahit na bagito sa paglilitis ang mga nasa prosecution panel, ibig sabihin ba nito ay walang kabuluhan ang mga ebidensiya at walang wasto o matuwid na masasabi ang kanilang mga saksi?

Maaaring sa mga pamamaraan ay may kakulangan sila subali’t ang tibay ng kanilang kaso laban sa CJ ay nakasalalay sa kanilang mga ebidensiya at mga saksi.

Ngayon, paanong palulutangin ang mga ito? Yan ang tanong, at itinatanong ng prosecution na sana ay maging liberal sa pagtanggap ng mga ebidensiya at mga saksi na ihahanay nila.

ANG PAGTANGGAP NAMAN DAPAT AY BATAY SA KATOTOHANAN NG MGA SINASABI NG MGA ITO.

Mga Kababayan ko, huwag tayong matakot sa mga diskusyon na ito tungkol sa kaso. SurIin natin kung ano nga ba ang tinatawag na “legal mind.” Paano mag-isip ang isang taga hustisya? Tama ba ang mga saligan (premises) ng kanyang kongklusyon o pagtatapos ng argumento?

Maraming relasyon ang nasisira dahilan sa hindi magkawawaan sa pag-uusap o pagsusulatan. Hindi magka-vibes. Walang konek. May mga kaso rin na nabibigyan ng anti-human rights na pagpapapasya dahilan sa maling pagtingin sa mga argumento sa kaso. 

Pero siguro, ang hinihingi ng Prosecution na liberal method, ay yun bang lumayo sa rigid rules of court sa pagdinig ng kasong ito. Kasi sabi na nga nila, sui generis itong kasong ito, o isang klaseng unico, “a class by itself.” Kung kaya’t maaaring magkaroon ito ng mga rules na maaaring naaakma sa kasong nasabi.

At sa aking palagay, ang kasong ito ay magiging precedent sa lahat ng iba pang kasong darating na pareho ang subject – impeachment.  Kung magiging maayos ang mga kritikal na analisis, at pagpapaliwanag ng mga procedures nito. Mabuti na rin at may mga mambabatas na nakaranas ng unang impeachment at nakapagbibigay ng mga nakalap niyang leksyon doon sa kasong ito ngayon. 

Mahalaga ang papel ng media sa bahaging ito ng kaso. Sa pag-interpret nila na kaso, dapat walang pagmamaliit, pagsasabong ng magkatunggaling partido, o pagtutuya, kundi dapat itrato natin itong isang seryosong bagay na dapat harapin ng buong giting, at may paggalang sa lahat, may kasalanan man o wala.

THEATRICS AND AGEING PAPERS

When I was in college, we used to prepare for theatrical productions of classic plays that require us to age sets, costumes, and faces. Our play director wanted us to show the passage of time in the way we constructed sets and the sewed the costumes. Ageing the sets meant, pasting tissue paper on canvases and allowing wrinkles in them to show, then painting them. Through proper lighting from the sides, the wrinkles would show appearing as if the wall had cracks, a sign of ageing. Our costumes meanwhile should not look ironed but crumpled due to use depending on the scene of course.

Then when ageing characters through make-up, we were told to draw lines to where wrinkles would first show like the sides of the mouth, the eyes, and the forehead. “Daya” we called it then. “Paanong dadayain ang audience para maniwala silang ang tahanan ng mga gumaganap ay luma na, ang mga damit nila ay matagal na nilang ginagamit, at ang mga tauhan ay tunay na matanda na?” We enjoyed that very much – the make-believe stories we wove on stage. However, when we enter the legal world, we know that “daya” is not possible at all.

We have to be truthful all the time. We cannot manufacture papers and say these are valid, authentic and legal. We have to show the markings – the receipt of the office concerned, the filled up spaces, etcetera. Actually, I was intrigued by the goings-on in the impeachment case yesterday, when the papers re Statement of Assets, Liabilities and Networth (SALN) of the Chief Justice became the center of attention.

The SALN is supposed to show once and for all if the declarations of the CJ match the number of properties he had acquired. Senator Jinggoy Estrada pointed out some discrepancies in the papers submitted to the Supreme Court in terms of receipt. Some bore machine-made dates while others were handwritten, not in sequential order. We would expect the earlier dates to bear handwritten dates and machine-made later. But no, the former showed in between of the latter. Why so?

I would go further to question – how old are the papers? If these are original, can the experts tell us how old were the inks used? In this day and age of technologies, we should be able to come up with techniques already to show proof of the age of papers, the age of writings in order to authenticate them.

This is what archaeologists do to establish the date of fossils and relics they find. There is no reason not to use the same now if we are to establish the assertion that there has public malversation of funds. I think we were not so active during the first impeachment that happened in 2000 because we were so dazed by the speed of the proceedings and the tilting of Catholic forces with the Edsa crowd.

By the way, I reiterate: that was no People Power at all.

THEATRICS AND AGEING PAPERS

THEATRICS AND AGEING PAPERS By Wilhelmina S. Orozco

When I was in college, we used to prepare for theatrical productions of classic plays that require us to age sets, costumes, and faces. Our play director wanted us to show the passage of time in the way we constructed sets and the sewed the costumes. Ageing the sets meant, pasting tissue paper on canvases and allowing wrinkles in them to show, then painting them. Through proper lighting from the sides, the wrinkles would show appearing as if the wall had cracks, a sign of ageing. Our costumes meanwhile should not look ironed but crumpled due to use depending on the scene of course. Then when ageing characters through make-up, we were told to draw lines to where wrinkles would first show like the sides of the mouth, the eyes, and the forehead. “Daya” we called it then. “Paanong dadayain ang audience para maniwala silang ang tahanan ng mga gumaganap ay luma na, ang mga damit nila ay matagal na nilang ginagamit, at ang mga tauhan ay tunay na matanda na?” We enjoyed that very much – the make-believe stories we wove on stage. However, when we enter the legal world, we know that “daya” is not possible at all. We have to be truthful all the time. We cannot manufacture papers and say these are valid, authentic and legal. We have to show the markings – the receipt of the office concerned, the filled up spaces, etcetera. Actually, I was intrigued by the goings-on in the impeachment case yesterday, when the papers re Statement of Assets, Liabilities and Networth (SALN) of the Chief Justice became the center of attention. The SALN is supposed to show once and for all if the declarations of the CJ match the number of properties he had acquired. Senator Jinggoy Estrada pointed out some discrepancies in the papers submitted to the Supreme Court in terms of receipt. Some bore machine-made dates while others were handwritten, not in sequential order. We would expect the earlier dates to bear handwritten dates and machine-made later. But no, the former showed in between of the latter. Why so? I would go further to question – how old are the papers? If these are original, can the experts tell us how old were the inks used? In this day and age of technologies, we should be able to come up with techniques already to show proof of the age of papers, the age of writings in order to authenticate them. This is what archaeologists do to establish the date of fossils and relics they find. There is no reason not to use the same now if we are to establish the assertion that there has public malversation of funds. I think we were not so active during the first impeachment that happened in 2000 because we were so dazed by the speed of the proceedings and the tilting of Catholic forces with the Edsa crowd. By the way, I reiterate: that was no People Power at all.

SENSITIZE, SENSITIZE, SENSITIZE

By Wilhelmina S. Orozco

Our country, (or is it only in MetroManila?) is not yet mature in terms of dealing with some social issues in our country, like ageing. So many people, young and adults, are afraid of growing old, tending to put the elders down at every opportunity. For example, when paying the jeepney fare, although I have already said that I am a senior citizen, the driver would still not give me the exact change. Instead, I am given an amount equivalent to a regular fare. At some restaurants, when I complain why a certain dish looks having less vegetables than when the price is regular, I am told that that is how they are really prepared. So for the regular amount of P155.00 and for which I paid P110.00 as the senior discount of 20% and vat have been deducted, I am given a plate of rice with a sprinkling of veggies only. Oh, never mind, at least I get a bowl of soup. Then one time at a Makati bus queue, I went up the bus first. Without any sign of courtesy, I was asked by the driver in a highly authoritative tone, “Pumila ka ba?”as if I were one of those vendors going up to sell peanuts and mineral water bottles (not mineral but purified, distilled water). I answered. “Senior!” I recovered my composure though and told him, when I was already seated, “Bakit ganyan ang tono mo? I am a senior citizen, I deserve respect. Para kang nagiimbestiga ng criminal kung magtanong ka, a? Baka i-report kita sa headquarter nyo.” I knew that my words had hit him hard because of his facial expression. In fact, when I alighted, he had completely stopped the bus. You see Folks, other irked drivers would slowly drive the bus to a stop, but not completely, so you are forced to get off while it is still moving. Otherwise, the traffic lights would turn green and the bus would roll off to another stop, way beyond the stop where I had to get another ride home. A worse case of treatment of the senior citizens is what I got from the orange tricycles at one Puregold supermarket. The drivers there want P25 special fare, whereas the blue ones only collect P20. The orange and blue tricycles ferry passengers on alternate days. When I am forced to take the orange tricycle, I meet drivers who drive hellishly, turning left to a street even if the traffic light is green. Twice, drivers would move their vehicle while I am alighting, to make me off balance. Of course, I complain to the authorities, the barangay and even the Puregold management. But their actions are piecemeal – as these affect only one driver or two at a time. What is more important is for a notice displaying their pictures, Xerox of their drivers’ license, and a phone number to whom we can report them should they commit anything untoward. Some of the jeepney routes could have been applied for a long time ago. Thus they are short, making passengers take another ride to another destination. For example, going to Tondo from my place, I take the ride to the BalicBalic market, worth P20. Then I take a jeepney to Lardizabal, from where I can get another ride to Tayuman. From there, I get another ride to Pritil then to another stop where I can get to that loading station going inside the Smokey Mountain or Paradise Hts.. By the way, I find that name a subtle insult – how can condominiums standing on garbage waste be called paradise? They do not even have the amenities of a second class community – that of running tap water. Anyway, how many rides is that all in all? Six all in all, costing P55.00 (with a senior discount.) Return, another P55 and so P110.00 all in all. The other route, via Rizal Avenue is less than P3, but still it takes five rides, while the other is six. The effort is worthwhile because I can see how jolly the people are when they see me. The last two weeks, I have issued prescriptions of herbal healing actions for two sick people, cough, colds, and fever – Vitamin C (Thank God for generic medicines) to be taken four times a day, plenty of rest – both body and mind, breathing of fresh air, and drinking of glasses of juice and water. One has called me her mother when she got well. I can only sheepishly smile because I know that I am not a medical doctor but a doctor of education. That woman’s husband had earlier accompanied me all the way to a drugstore near Tayuman so we could purchase the Vitamin C tablets for her. Meanhile, the other patient has recurrent coughing. You know why, Folks? He can’t quit smoking; no matter how many literature containing the ills of smoking I have given, he still smokes. I think his level of smoking has reached the addiction stage. Unfortunately, the barangay does not have a program for curbing smoking, and other vices like gambling and alcholism. Many things are changing now in our country but the behavior of some authorities does not seem in sync with them. Positions are still viewed as power instead of service seats. They are there to serve, to wield power to ease the lot of the people. Maybe the Department of Social Work and Welfare has to come up with a manual instructing government functionaries, especially the Dept of Interior and Local Government, and the Department of Energy on how to think and be sensitive of the welfare of the Filipino people so that they could come up with policies, programs, and projects that would alleviate their problems of existence. The DILG must lead in teaching and monitoring the barangay activities on how far they have gone in reaching out to help and serve the people’s needs, while the DE must provide alternative fuel nationwide for the people to use instead of those highly-priced oil products. Yes, the Philippines is one big social welfare case. Sensitize, sensitize, sensitize.

Larawang Hustisya

Hindi masyadong uso sa atin ang eskultura ng Husticia bilang isang babae na nakapiring ang mga mata, may hawak na espada sa kanan at "scales" sa kaliwa. SA Supreme Court ang unang bubulaga sa atin ay ang mukha ni Cayetano Arellano, ang kauna-unahang Chief Justice ng bansa. Sino ba si Lady Justice? Narito ang mga nakalap ko sa pananaliksik:

Sa mga taga Ehipto, siya si Ma'at at karaniwang pinakikita na may hawak na espada na may pakpak ng ostrich sa kanyang buhok para magsimbolong katotohanan at hustisia. Ang salitang "magistrate ay galing sa Ma'at dahil naniniwala ang mga taga Ehipto na tinulungan niya si Osiris, isa pang diyosa sa pamamagitan ng pagtimbang ng mga puso ng mga patay para sa paghuhusga sa kanilang buhay. Sa mga Griyego, siya si Themis, kilalang tagapagayos ng mga kolektibang buhay ng mga tao,lalo na sa mga asembleya. Kaya ni Themis na makita ang kinabukasan, kung kaya't tinuturing siyang diyosa ng katarungang galing sa mga diyos, o divine justice. PInakikita ng mga Griyego si Themis na walang piring ang mga mata dahil kaya raw niyang makita ang kinabukasan. Wala rin siyang dalang espada dahil siya ay tinatangkilik ng lahat. Hindi niya kailangang gumamit ng dahas para magpatupad ng hustisya. Sa mga Italyanong Romano, ang kanilang imahe ng katarungan ay si Diyosa Justitia na karaniwang may hawak na espada, may "scales" at nakapiring ang mata. Tumatayo siya bilang puwersa para isipin ng mga tao ang moral na kahulugan ng kanilang mga gawain sa larangan ng katarungan. (Barbara Swatt, Reference Intern. Updated by Cheryl Nyberg.) Sa ating kultura, ang larawan ng hustisya ay kadalasang babae pero hindi talaga tungkol sa ideya ng hustisya kundi ang pagtulong niya sa pagkamit ng hustisya. Isang halimbawa rito ay ang larawan ng Inang Pilipinas, may hawak na bandila para ipakita ang ating paglaya sa kolonyalismo. Una kong nakita ang larawang ito sa piyesa sa piano na may pamagat na "Bayan Ko." Sa tabi ng Inang Pilipinas ay isang Katipunero, nakaluhod at hinahalikan ang bandila. Mayroon ding imahe ng mga babae na kasama ng mga nag-alsang katipunero tulad ng eskultura sa may Pinaglabanan, San Juan. Praktikal ang imahe ng Hustisya sa ating bansa, at hindi isang simbolo ng Katarungan mismo. Marahil, panahon na upang ikalat natin ang larawan ng Hustisya sa buong bansa.

OF JUSTICE TITLES

OF USING JUST TITLES By Wilhelmina S. Orozco

When members of the Supreme Court retire and assume another job, that of for individual/s with civil or criminal charges against them, should they retain their titles at all? I found it rather odd watching the Senate hearing yesterday, the start of the trial to convict the Supreme Court Chief Justice of many charges, among which is making partial decisions for a former president. The Senate President always referred to the lead defender Justice when there should be clear separation of powers between the Senate and the Supreme Court. Now the title Justice is earned because persons have been appointed to be members of the Supreme Court. As such, their decision is said to emanate from powers conferred on them to perform a task of rendering the highest decision on civil and criminal cases. Once retired, the title Justice is carried because the people carry that respect for them and for the illustrious service they had rendered to their posts. However, once those justices assume a civilian position again, in this case that of lawyering in a case, is it not being irreverent using the same title for a position that does not carry with it the grand functions that a member of the Supreme Court performs? Moreover, appearing in a Senate impeachment hearing, then that justice then bows himself to the rules of the institution, and therefore no longer has the privilege nor right to use that title. He becomes a defending lawyer, no longer a member of the Supreme Court that confers the title Justice on their members. The use of the same title in this hearing could color the views of the public – and make them view the one being charged as worthy of greater attention just because a former associate justice is defending him. Maybe the Senate must adopt new rules with regard to titles being used by everyone involved in any case so that the public shall not be waylaid into thinking that elitism is upheld in our society despite the pronouncements on being democratic of the officials and their decisions, Constitutionally upright.

PASSIONATE LOVE OF COUNTRY

Everyone is agog about the impeachment at the Senate today. What happens afterwards, not whether the individual will be convicted or not. I am asking what will happen to his soul? I believe in the saying "what you've done today, will come back to you in the next life." I have just seen a Chinese movie about Emperor Liang and Empress Ti. The latter was so insecure about his love as he had many concubines. So she plotted and design acts that would eliminate if not lessen these women's powers over him. She even committed murder. The film was mum why she and the king did not have any child. Instead, the king had a son by a concubine who alerted the king about the internecine struggles inside the kingdom while he was away, fighting wars and expanding the territory.

Towards the middle part of the story, Empress Ti dies and she meets the hell king Yama who sends her to become a python. She suffers so much in hell that she implores the king to make Buddhist monks pray for her soul through repentance rituals. He does, and Buddhist monks line up to pray for her soul. She recovers her original soul and then ascends to heaven.

I like the film because it shows how power can corrupt people, especially those closest to the highest official. So much like what had happened in the past administration. Those underlings who could ask GMA to sign papers and checks ingratiated themselves to her so that she would give them the best perks, knowing that she was at their mercy. They knew that she had wanted to cling to power so much, no matter what the costs -- her reputation, her family's, her status in history, among others.

But they forgot something -- that the people have a memory. I think that is what we can credit the Filipino people. We believe in karma. Even jeepney drivers carry small plates or drawings inside their jeepneys. "Bago ka bumaba na hindi nagbabayad, tandaan mo maka-karma ka rin."

Okay, so this impeachment shall serve as a reminder to every official that they cannot do hanky-panky in government. How else can we stop corruption at the first stage or first attempt so that we would not have to go through such a long and expensive process again?

Vigilance is the key -- but who among the government employees would be vigilant enough to cry "Foul!" instantly? You see Folks, majority of the government offices have altars and some even hold masses every lunchtime. At Mandaluyong City, you have a Church right inside the city government compound, making me wonder why the other religious groups do not put up theirs. By the way, don't we have separation of the church and state? Why favor one?

I think that we should start our campaign among the elementary school children. We must inculcate in their minds that government service is truly a great sacrifice. And that would mean passionate love of country.

SETTING ARIGHT THE SCALES OF JUSTICE

By Wilhelmina S. Orozco

Folks, have you all tried reading a file of legal papers submitted to the Supreme Court? My goodness, volumes of Xerox paper abound there you would wish the lawyers could have just used font 12 pts and double space and then donated the rest of the unused ones to schoolchildren in the marginalized areas unable to buy notebooks for their classes.

Yesterday, I spent time at the Judgment Division looking over some past files and I could hardly make heads or tails of the written arguments of one party against another. The writing styles seem to have been derived fom one obscure legal school which does not have teachings about grammar aand simplicity in writing. After using up four hours at the division, I came to the conclusion that indeed there are a lot to be overhauled in the justice system, foremost of which is how to write arguments, conclusions and decisions.

I came across one file where a lawyer from some obscure law office, a certain “Obdulio” or “Obdulia,” used ad hominem arguments according to a legal luminary, the other party. What happened there – did the Supreme Court decision – written by a certain “Nastura” chastise the lawyer or even deny the petition of that lawyer? No, not at all. The decision made it win the case hands down.

There you can see Folks that a certain Justice need not be able to distinguish what is a correct from an incorrect argument which makes rocking the judiciary more imperative as ever.

Now, may I suggest to the Supreme Court when writing their decisions on the pink papers. Kindly format the decision in this style for better readability and understanding:
1. Number of the case;
2. Names of petitioners and respondents;
3. Subject of petition – who is petitioning what and who is the respondent;’
4. Decision of the court;
5. Why – brief reasons for the decision of the court;
6. Action needed by the court.

If the decision of the court is written in this manner, then we need not go to the previous papers, except when we want a more detailed understanding of the case. Moreover, any common tao would be able to read and understand what the legal tussle is all about. Likewise, we would be empowering them to be able to understand if by the decision of the court, their lawyer has done a good job serving them and not the other party.

Now, in the case of the lawyers’ pleadings and what have you, may I suggest to the Integrated Bar of the Philippine to send those lawyers to grammar workshops as many could not even differentiate which subject needs what verb, nor when and how a sentence should end. They can include that in their MCLE where most of the time the speaker only reads and looks at the papers, without interacting with the participants. Indeed how boring those classes are. By the way those MCLE speakers should undergo lessons on how to speak before the public, or how to teach more effectively without treating the participants as disciplined sponges.

But what I cannot understand is the clamming up of the lawyers regarding certain glaring mistreatment of poor clients.

Someone accompanied a friend who has been jailed yet she was innocent of the charges and that it should have been her husband who should have gone instead. A clerk in the judicial staff asked her in an imposing and suspicious tone if her address is correct. Someone called her attention to be more respectful of the client. She even added, “When you yourself reach the age of the elderly, you would be treated in the same manner.”

Immediately she asked for the sheriff to let out the latter. Instead the latter laughed out loud and said, “Ha ha ha, how funny.” Then this clerk told the client, in a more humble tone, “Next time, Ma’am, bring another alalay.” The friend said, “I am not an alalay. I am a fighter for human rights.”

While this was going on, several lawyers were inside that room who were just mum about what was going on, stunned or not stunned? No, they were siguristas – they did not want to rock the boat because the clerk could get back at them in one way or the other – by losing their papers, changing the contents of their papers, or oiling or making the judge decide against their clients, etcetera, etcetera.

So, right inside the august halls of the judiciary could be found some clerks and lower staff who do not know how to serve humbly and who view their positions as power seats to oppress verbally (if not financially) any poor or poor-looking client.

But allow me to commend a clerk of court in Quezon City who because of her advice just through a phone call was able to influence a case indirectly or directly. A decision on the case was rightly decided right there stopping a certain action which could have quashed the case altogether without giving just benefits to the aggrieved parties. And so the case continues to be argued, hopefully, not forever.

Really now, Folks, let us treat every space in our society as schools of thought and understanding not only for ourselves but for the majority of our people, many of whom cannot even read nor write, and thus get dependent on their lawyers who charge them a huge fee, or the PAO, which offers free legal assistance yet have a very low budgetary allocation every year.

By the way, I think that the PAO really needs help because their lawyers do not charge their clients at all and yet offer legal advice freely, unlike some “de campanillas” who cannot even open their mouths without expecting silver dollars falling on their palms.

Let the courts start the cleansing of their ranks and education or re-education on the value of imbibing the significance of the Universal Declaration of Human Rights, as well as acting with speed on cases involving their violation.

Let the blindfolded Justice set aright and hold up the scales with greater pride and brilliance.

THE COUNTRY IN SIEGE AND THE NEED FOR STRONGER SOCIAL WORK ACTION

By Wilhelmina S. Orozco

Lilac is a sixtyish elderly pushed by her foreign husband to a crime that she was not aware of. Her name was placed as respondent in an illegal transaction and because of a raid she was arrested and made to spend time in jail.

Michelle left her home to join her husband in Mindanao and now rues her decision. Instead of a thriving urban setting in the south, she found fields and fields of agriculture which made her yearn instead for a more exciting nightlife in Manila, one that she grew up in despite the poverty. By the way, Michelle has a brother whose education was cut short by her mother due to his getting waylaid into computer games also.

Divina, who looks truly divine at her young age, is in high school in the province but had to drop out and return instead next year to give way to her other siblings’ education. Her parents lack the adequate funds to sustain all of them.

Allan, not his real name, is one of three children left by her mom who has gone abroad to earn a living and to finance their education. He has fallen prey to a barkada that spends time in doing computer games after classes. Now he had learned how to search for porn and boxes his younger sister when they have a verbal tussle.

These are personal situations that require social work attention, the first to give courage to Lilac to face her legal case now; the second to give livelihood training to enskill Michelle to become financially independent; the third to help Divina continue her knowledge acquisition while in limbo; and the fourth to counsel Allan to learn to appreciate the reasons for her mom’s absence and to teach him how to respect women and girls as equals.

It looks very easy to solve the above, is it not? But in the larger society what happens?

Up north, in Cagayan, we have a barangay whose shores are slowly being eroded by magnetite mining. It will not be long before the people get washed away to the sea. The magnetite is used for manufacturing parts of certain technologies and is exported to China.

In the south, we have obliteration of communities, not only thousands of deaths due to floods that carry logs coming from the mountains, cut by illegal loggers.

In Compostela Valley, a new group of miners met their deaths after the mountain their were washed away by the rains.

Media people continue to be killed with impunity and the offenders escape freely. The ideal life- that of writing and bearing advocacies is no longer appreciated not protected in our country.

Maybe the freedom with which our media have been able to report on these situations has been completely exercised and so we are able to read, hear and learn about them. But so what if we know about all of them? What do they depict of our country? Isn’t it that we are a BIG SOCIAL WORK CASE? THE COUNTRY NEEDS A STRONG ATTENTION TO MAKE THOSE RESPONSIBLE FOR VICTIMIZING OUR KABAHBAYAN LEARN AND EXERCISE MORAL SENSE AND RESPONSIBILITY?

The Department of Social Work and Development is doing a great job of attending to the needs of the flood victims, apart from combing through its list of conditional cash transfer program and expelling those who are ill-suited to avail of its benefits.

And, I also heard over the radio that it is spending a great sum to conduct research. Do we need research at this time? What for? The facts are glaring enough – they are crying for another approach and that is the raising of consciousness of the people with regard to justice, caring for the marginalized, being vigilant against those who transgress their rights to decent shelters and a sound environment, and many, many more.

I have nothing against research, as that is a part of the process before acting on an issue or when going into an advocacy. But I think that at this time, research money should be placed on training already – arming the people with action tactics that will make them rise up against illegal loggers, illegal miners, domestic violence, and continuing labor migration policies that destroy family values and rear wayward children.

No, we cannot rely on the Church to do those things for us. We know how some priests could be wracking their brains already on how to write and speak on the pulpit on the many situations that need Christian moral attention, and how they themselves are open to violence should they take potshots at the powers-that-be.

Instead, we should make the DSWD and the Department of Interior and Local Government, the department that is in touch with the grassroots so to speak, focus more on how the people attain a level of status in all the barangays to make them strong in the face of any situation that renders them powerless, lacking control actually to arrest or redirect it to their interest.

Let us remove all of their research budgets into training of the people on direct and indirect action on their lot. Direct action means they themselves shall control the purse of the barangay so that it will carry out the projects – livelihood, protection of the environment, care of the out-of-school youth, gender sensitivity training, and many, many more. Indirect action would be instilling in them knowledge about how to act and raise their complaints through channels in all areas of life.

In other words, the people shall be made to have a stronger participation in the affairs of the barangay so that they can act on any situation instead of being passive recipients of manna. In this way, Lilac and all other women encased in traditional marital roles shall be able to resist all forms domestic exploitation; Michelle and all those wanting to enter a matrimonial arrangement shall undergo training on what is a genuine and not dependent relationship; and the barangay can have alternative education for those out-of-school youth as well as greater control over those computer shops that freely rent out to anyone who knocks on their doors.

Then the barangay must also be given adequate funds to address labor unemployment in their areas in order to stave off that search for labor abroad. This would mean, for the local officials, knowledge of the resources of their communities and projects that can sustain the livelihood and environment of the people.

I forgot to mention that even members of the police sector, which falls under the DILG, have an axe to grind. Majority of the regular police force is asking why their bonus was not granted in full last Christmas, actually P5000, which was reduced by P50 peso as deduction for the victims of the typhoon Sendong. In cases like this, I could only surmise that the Philippine National Police has adequate mechanisms to address the kotong cops. You see folks when people treat their own kind in that manner, that is already a sign of animalism or insecticism. It means that they no longer have honorable intentions as officers or protectors of the State, as the PNP is known to be. Only animals and insects eat their own kind.

Hence, while we await with great anxiety the shaking up of branches of government to rid them of scalawags and corrupt practices, let us not lose attention on the barangay level which still needs

Let the country experience a full flowering of democratic governance.

NAPAKASARAP NAMNAMIN ANG PAGLULUNOY SA KALIKASAN

ni Wilhelmina S. Orozco

Napakasarap ang mamasyal sa ating bansa, na marami pang likas-yaman.
Nagpunta ako sa Olongapo at nagdaan sa North Luzon Expressway kaninang umaga. Sa kaliwa't kanan nakakita ako ng luntian, kahaba-habang mga bukid na tinamnan ng palay sa may Bulacan. Ang buong akala ko ay wala na ang mga yaon. Yun pala ay marami pa rin na binibigyang pahinga ang aking mga mata sa dami ng mga nasusulat, nababasa at napapanood kong mga advertising billboards sa Kamaynilaan. Hay, Salamat sa Diyos at marami pang may-ari ng lupa na hindi nagkakaisip mag subdibisyon.

Pagkatapos ng Bulacan, dumaan ang bus na sinasakyan ko ng Pampanga at ako'y nanlumo. Bakit kanyo? Kasi sa loob ng 9 na taon na naging pangulo si GMA hindi man lamang niya napaganda ang lalawigang ito. Duon sa dinaanan namin, ang mga kanal ay puno ng basura; walang sidewalk; at walang disenyo ang mga kalye. Duon lamang sa mga may malls nagkaroon ng kaayusan ang mga lugar.

Bakit ganun? Sa buong tanang naging pinakamataas siyang opisyal ng bansa, ni hindi man lamang niya napakinang ang lalawigan ng tatay niya, na naging pangulo rin ng bansa? Tunay na ang pagiging pinakamataas na pinuno ay nakalalasing ng iilang tao at bumubulag sa kanila sa kung ano ang dapat nilang bigyan sana ng pansin. Nakakaawa namang ang mga Kapampangan.

Dumating ako sa Olongapo matapos ang kulang-kulang sa tatlong oras na paglalakbay. Kapansin-pansin ang dami ng mga berdeng plastik na basurahan sa bawa't kanto at sa harapan ng bawa't tahanan. Sabi sa akin ni Nena, ang aking masseuse at matalik na kaibigan simula pa noong 2009, ang mga basurahan ay kasama sa buwanang binabayaran ng mga tao at ang fee ay nakapaloob sa electric bill nila. Ang galing di ba? Dahil binabayaran ang basurahan, kung kaya't kailangang gamiting mabuti. Kaya't malinis ang karamihan sa mga lugar ng Olongapo.

At ngayong hapon, namasyal kami nina Nena, ng kanyang mga apo at ibang kamag-anak sa isang beach resort sa Olongapo, ang S. Beach.

Sorry folks, the owner did not give us any receipt for the 700 pesos that my friend had paid, which was supposed to be for 11 people and the use of a dilapidated bamboo table. Walang tawad, nagmatigas pa ang mama. He had a certain American twang brought about perhaps by having relatives who live in the States.

Anyway, the trip was worthwhile. The children enjoyed every minute of immersing in the clear waters which had greenish color due to the reflection of the surrounding mountains full of trees. We all enjoyed swimming (frog kick), photographing each other, eating and lolling in the beach. Almost heavenly. Besides, the beach was solely for our use by accident, no other visitors around.

Sa kalayuan ng dagat, matatanaw ang kabundukan. Nakakarelaks talaga at preskong presko ang simoy ng hangin. Wala ring ingay ng mga rock music o radyo na karaniwang naririnig sa Lido beach at iba pang resorts sa Maynila at sa Laguna.

Kung maaari lang ayoko nang mag-isip ng pulitika at tuluy-tuloy na lang sana sa paglulunoy sa dagat, pagpapalakas ng aking mga senses- sense of hearing, sight, smell, touch and what we call extra sensory perception. Wala na akong dapat intindihin kundi ang pagdama ng aking katawan at isip sa kapaligiran.

Pero hindi talaga ganun ang nangyari, kasi naiisip-isip ko pa rin ang usapan namin ng kunduktor ng bus noong papalapit na kami sa Olongapo:

W: Sino ho ang mayor ngayon ng Olongapo?

K: Si Gordon.

W: Sinong Gordon?

K: Si James Gordon.

W: Di ba dati si Richard Gordon?

K: Oho. Gordon pa rin.

W: Bakit naubusan na ba ng apelyido dito sa Olongapo?

W: Nagpunta ako rito sa Olongapo noong dekada nobenta at nag-interbyu ng isang madre ng Daughters of Charity tungkol sa mga Amerasian kids. Alam na alam ko na ang apelyidong Gordon noon pa lang. Nagtataka ako, pangalawang milenyo na, at ganun pa rin ang kalakaran.

Malungkot ang mga mukha ng kunduktor at drayber ng bus. Wala silang maisagot kundi, "Kanila ito e."

Mestisong Amerikano ang mga Gordon. Mapuputi silang lahat. Ang mga Pilipino ay kayumanggi. At tumira rito ang mga Amerikano mula noong 1898; at ang mga base naman ay nagtagal dito hanggang 1991 matapos pumutok ang Mt. Pinatubo na nagdala ng abo sa buong mundo.

Kailan magkakaroon ng pagkakataon ang ibang mga taga Zambales, ang mga taga Olongapo ng pagkakataon na magamit din nila ang kanilang kasanayan at katalinuhan sa pamamalakad ng gubyerno?

Maganda ang Olongapo, pero higit na gaganda ito kung makikita ang malayang paglahok sa pulitika ng iba't ibang pangalan, mga tao mula sa iba't ibang bahagdan ng lipunan, hindi lamang nag-iisang pamilya.

Napakasarap namnamin ang paglulunoy ko sa kalikasan kaya lang parang ang hirap maramdaman ito nang pangmatagalan. Parating umuukilkil sa aking isipan:

"Ating isapraktika ang demokrasya sa isip, sa salita at sa gawa."







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