Tuesday, December 22, 2009

Christmas

We all need to feel the spirit and magic of Christmas amidst all the mayhem we are experiencing in Mindanao.

This is not to downplay nor forget the monstrosity of the Maguindanao heinous massacre and the Agusan del Sur and the Basilan tragic events that followed but an invitation to reflect on the meaning and significance of Christmas.

If the goal of warlordism is wealth, fame and power, it would do us well to remember that the great Jesus was born very humbly in a stable among farm animals.

Of course, we agree that the Jesus Christ who said that we should love one another is our model of how one should be famous and powerful. Wealth, fame and power can be harnessed to serve humanity and therefore are not evil per se; the evils are its misuses to harm humanity. Harming others is an act of harming ourselves.

For many years now, we in the local feminist scene have been contemplating on what we call the “ Alternative Christmas.”

It is a growing concept so it is continually evolving. For example, in advocating that child care is a family and social concern, we promote Christmas cards that has the father St Joseph holding the baby Jesus.

In this sense, we still need to promote The Nativity image that will promote breastfeeding as I imagine there was no commercial cow’s milk formula nor television advertisements to undermine breastfeeding in Bethlehem at that time.

We like to imagine The Belen, or the Nativity scenes to be set in a barn or stable and include Mary, Joseph, the child Jesus, angels, shepherds BUT the Three Wise bearers of gifts are “WOMEN: Balthazara, Melchiora, and Caspara,” who are said to have followed a star, known as the Star of Bethlehem, and arrive after His birth.

We are not anti – men, but we wish to be allowed to imagine a world where women can be “ Three Queens” and find time to leave the domesticity of home to be able to travel and be as gracious and magnanimous as the Three Kings.

While we welcome the economic activity during the Christmas season and particularly, in these times of recession, it is prudent to be austere amidst all the hunger around us.

Don’t we feel violated when others spend millions on lavish Christmas parties while others are hungry? A recent Philippine Human Development Report published by the United Nations Development Program ( UNDP) has determined that “ massive and abject poverty and economic inequity, particularly in the distribution of wealth and control over the resource base for livelihood” is one of the root causes of internal conflicts and rebellion in the Philippines.

This kind of rebellion is perhaps not seen in Maguindanao, a province in Central Mindanao, among the high and mighty enough to have declared a state of martial law.

Our overseas Filipino workers (OFWs) who are not able to go home for Christmas are missing their loved ones in a very big way. I have read their entries in social networking sites and they are missing our “simbang gabi, puto bongbong, caroling, office parties, etc.”

Our fellow countrymen abroad will assuage these feelings by remitting funds and Christmas presents galore. This is why some mothers think they wish to be “MRDs” ( mothers receiving dollars).

My wish is to be able to feel Christmas through the eyes and heart of the child in me and to believe in the magic of Christmas: faith in a Santa Claus from the heavens, giving gifts of love and all the works.

Faith is a lot like love and hope and invoking that warms my heart !

Sunday, December 13, 2009

Martial Law

The country stood still and seemed stymied when a December 4, 2009 Proclamation No. 1959 imposed martial law in Maguindanao, a province in central Mindanao. Then, that proclamation was lifted eight days later. It was a proclamation of a state of martial law and a suspension of the privilege of the writ of habeas corpus in the province of Maguindanao except for identified areas of the MILF as referred to in the GRP-MILF agreement on general cessation of hostilities.

In generic parlance, martial law is rule by the military, typically imposed during wartime. Suspension of the privilege of the writ of habeas corpus means warrantless arrests & warrantless searches, among others. But, the warrantless arrests are good for three days only and after which charges should be filed, otherwise the detained should be realeased. After martial law for twenty years during the Marcos regime when most of our civilian agencies like our national legislature was padlocked, our 1987 constitution has redefined how martial law should be in the Philippines. The old martial law power which was upheld by the Supreme Court of that era allowed the President of the Philippines to legislate by decrees, create military commissions or courts martial to try both members of the military and civilian offenders for specified offenses.

So, the currently binding 1987 redefinition (which is a reaction to that martial law power of the Marcos era) in our Constitution says that martial law can only proclaimed “ in case of invasion or rebellion, when the public safety requires it…” This same 1987 martial law provision has also placed limits to how martial law should be : martial law should have a time limit of sixty days, congress reviews the proclamation and has the power to revoke which cannot be overturned by the president and of course, the Supreme court can review and as well may nullify as void such proclamation.

But then again, there will be many ways of subverting these limits. For example, the president can extend the period to more than sixty days. The Philippine constitution specifically says that both houses of Congress should be voting jointly or as one to revoke a proclamation of martial law. In joint voting, the lower house which has a membership of 268 can outvote the 23 members of the Senate or the 18 members of the Senate who have already expressed that they are against the proclamation. For now, we have yet no idea how the lower house will vote. There were fears, based on past tendencies, that the ruling majority party in the lower house will not revoke the proclamation. Now, after the lifting, Congress could just cancel the joint session of both Congress which was convened to review the factual basis of the proclamation. But, the citizens are expecting that the Supreme Court will pass judgment on whether the martial law proclamation (# 1959) is not unconstitutional as the issue is laden with public interest and for the jurisprudence that will be a very useful precedent to provide guidance. This is the first time martial law was declared after the 1987 constitution came into effect and the ruling that will be rendered will definitely define the limits of the president’s prerogative to declare martial law.

The Arroyo regime has submitted a report of the factual basis of the proclamation to both houses of Congress as required by our Constitution. The report starts with a presentation of the government findings on the Maguindanao massacre which is interspersed with the gruesome pictures of the unspeakable tragedy and finally zeroes in on its description of a state of rebellion in Maguindanao by presenting as initial evidence the military and police reports of the presence of arms and private armies. Citizen’s blogs were saying that if existence of the private armies and arms in Maguindanao is the proof of rebellion and the basis for the proclamation of the state of martial law, many areas could potentially be covered which is scary, to say the least.

Before The 2010 Election Campaign

The period for filing of certificates of candidacy for the Philippine 2010 elections ended on December 1, 2009. Then, the national election campaign starts on February 9, 2010 while the local campaign starts on March 26. The advantage of local candidates who are standard bearers of national political parties over independent candidates is that they can visit communities already in February to campaign for national candidates. The Supreme Court in a decision has just decriminalized pre-mature campaigning. One is liable for election offenses only if committed during the campaign period. Of course, crimes related to election such as the November 23, 2009 heinous Maguindanao massacre are covered by particular laws in our penal system and even by international laws at anytime because the savagery committed against the women and men are crimes against humanity and particularly if ( Heavens forbid !) a remedy or appropriate penal sanctions cannot be had in this country. Anyway, the Supreme Court decision decriminalizing pre-mature campaigning also means that television infomercials of candidates are not banned. The reason cited is that it is part of our freedom of expression guarantee as enshrined in our constitution. Of course, who has access to media and mechanisms of communications are another matter. So, before the start of the campaign period, candidates can communicate but must not campaign and never invoke the word VOTE or the like. This includes greetings for the holidays in billboards posted in one’s private property or with the permission of the owner of a private property which does not belong to the candidate.

I have been observing some slogans and prominent infomercials and let me do a paraphrasing here of their core messages. Slogans and messages have been crucial in the past. The “ERAP PARA SA MAHIRAP” ( Erap Estrada is for the poor) worked magic with the masses before. Mar’s ( Roxas) “Mr. Palengke” ( Mr. Wet Market ) also struck positively with the viewers. In the current crop of infomercials, the message of NOYNOY’s “Hindi Ka Nag-iisa” ( You are not alone) is in a few words about HOPE and the imperative to continue the struggle as a community or nation. But, others are asking, “ where is the platform?” Which is why, there is a newer version of this television infomercial with a voice over that purports to impart the core message about what the issues are. The Villar infomercials have had plural messages since it started but the main message is : the poor boy who hails from the slums of Tondo, Manila made it but still has empathy with the poor. Critics’ monicker for the old infomercial “SIPAG at TIYAGA” ( industriousness and steadfastness) of Senator Villar is “C-5 at Taga”.
( in reference to the issue of whether there was a double entry in the General Appropriations budget pertaining to the project for the circumferential road called C-5) The Gibo Teodoro infomercial is basically saying to the viewers : I am here and offering to be of service and I have “ talino.” ( intelligence) One big billboard in Davao City says GMA Cares and a vandal wrote “ Pag sure Oy.” ( Hey, please be sure) A friend of mine who does not like to hear the popular expression “ Pag Sure Oy” is suddenly in love with these words in reference to PGMA.


Our change politics movement (CPM) has compiled a list of activities that candidates and supporters can do at anytime and before the campaign period. The CPM list of activities that can be done at any time based on our election law include "publishing results of surveys if favorable, asking media to write columns on favorable results of surveys, using campaign gadgets, gear and apparel on one’s own personal property, expressing supporters’/volunteers’ own belief/opinion on issues, qualifications, programs of government, using supporters’/volunteers’ own alternative media (e.g. Facebook, Multiply, Friendster, Twitter, SMS) to express support/belief/ opinion, using home-made or personally created campaign paraphernalia without words vote for.”

In turn, the CPM list of activities, after filing of candidacy and before the campaign period include "distributing campaign literature or materials but avoiding keywords that may be construed as expressly soliciting votes such as the word “VOTE,” distributing campaign paraphernalia, gear and/or apparel for use by supporters like shirts, caps, calendars, umbrellas, pins, lanyards, baller IDs, jackets/vests, but avoiding keywords that may be construed as expressly soliciting votes such as the word “VOTE,” putting up and maintaining accounts in Facebook, Multiply, Friendster, Twitter, etc. through supporters, but not the candidate, and adding and/or accepting invitations from as many friends or contacts as possible and regularly update posts and status messages expressing opinions or commentaries on the qualifications, programs of government, etc. "